August 2017 Hindu Editorials

EDITORIAL
Narendra Modi's Independence Day speech: Future perfect?

AUGUST 16, 2017 00:02 IST
UPDATED: AUGUST 15, 2017 23:27 IST
The PM looks beyond his term to a developed, corruption-free India. But is there a
road map?
I n talking of a New India free of casteism, terrorism, corruption and nepotism by 2022, in
his Independence Day address, Prime Minister Narendra Modi was seeking to sell a longer
term vision to Indians, a vision that goes beyond the limit of his current term in office. While
he did dwell on the achievements of his government in the last three years, Mr. Modi was
largely focussed on his vision for the future, one in which farmer income would double and
where youth and women would have many more opportunities. The road map was not clear,
but Mr. Modi is convinced that his achievements are steps toward a happier, more secure
future for the country. Demonetisation, the Goods and Services Tax, the movement toward a
digital economy, all these were spoken of as part of a movement inexorably leading to a
corruption-free, transparent India. Unlike last year, when he was silent on the violence in
Kashmir, this Independence Day he went so far as to ask terrorists to join the mainstream,
insisting that the Kashmir problem cannot be solved by bullets, but only by embracing fellow
Kashmiris. But more important, he went on to speak against violence in the name of faith,
saying it is unacceptable in India. Mr. Modi has spoken about communalism and casteism as
twin evils before, but the specific reference to violence in the name of faith appeared intended
as a word of caution meant for the overzealous in his own political constituency, especially
lynch mobs that have targeted Muslim and other traders in the name of cow protection. In
this, he seemed to echo President Ram Nath Kovind, who called for a compassionate society
that does not discriminate on the basis of gender or religious background. And like Mr.
Kovind, who called for a partnership between the citizen and the government to ensure that
the benefits of government policy reach all sections of the people, Mr. Modi invoked Team
India to run for a New India.
Although he spoke about the support India has received from several countries in its fight
against terrorism, Mr. Modi made no mention of Pakistan other than in relation to the
surgical strikes, which, he said, had forced the world to accept Indias capability and strength.
Last year, he had made specific references to Balochistan, speaking about the attacks on
Balochs in Pakistan, and how people there had commended him for his support for them.
There was no mention of China or the Doklam stand-off either. The speech seemed directed
entirely at the domestic audience, with the focus largely on development and a reliance on
technology-enabled solutions to transform the country over the next five years. That is a
period that goes beyond the next general election and quite clearly Mr. Modi sees himself as
serving a second term.
EDITORIAL
Making friends: on AIADMK merger

AUGUST 16, 2017 00:02 IST
The BJP would like a united AIADMK as an ally, but with a weak leadership
I n theory, the two factions of the All India Anna Dravida Munnetra Kazhagam have every
reason to merge. The original cause of the split, the dominance of the Sasikala family in
the party, is now seemingly irrelevant: Chief Minister Edappadi K. Palaniswami, who was
elected as the leader of the AIADMK legislature party at a meeting presided over by V.K.
Sasikala, is more assertive now, shepherding a resolution to rescind the appointment of her
nephew, T.T.V. Dhinakaran, as deputy general secretary of the party. Also, both factions need to
retrieve the party election symbol, Two Leaves, that has been frozen by the Election
Commission. This is unlikely without a formal merger. However, things are not exactly what
they seem. Despite the distancing from Mr. Dhinakaran, the ruling faction of the AIADMK,
the AIADMK (Amma), is hesitant to speak harshly of Ms. Sasikala, other than to say the partys
cadres would not like anyone else to occupy the post of permanent general secretary held by
Jayalalithaa. O. Panneerselvam, the leader of the breakaway faction, met Prime Minister
Narendra Modi to convey the sentiments of the AIADMK cadres, a shorthand for opposition
to the merger proposal. With elections to the Lok Sabha two years away, and to the State
Assembly four years away, there is no pressure to hurry through with the merger process. But
issues that stand in the way, the competing ambitions of Mr. Palaniswami and Mr.
Panneerselvam, and the acute differences over sharing ministerial berths and party posts, are
unlikely to disappear. The demand for constituting a probe into Jayalalithaas death is a cover
for other unstated claims to power and pelf. After months of deep distrust, the two factions
are not going to magically come together all of a sudden without working out a practical
power-sharing arrangement.
As things stand, a merger can only be mediated by the Bharatiya Janata Party, which seems to
wield considerable influence with both factions on account of being in power at the Centre. In
recent times, searches by Income Tax, Enforcement Directorate, and the Central Bureau of
Investigation have made leaders of both factions cosy up to Mr. Modi. The BJP needs a united
AIADMK, with its election symbol et al, but without a strong leadership, as an instrument to
find a political foothold in Tamil Nadu. Over the long term, the national party would like to
eat into the vote bank of the AIADMK, but in the near term an alliance with a weakened
AIADMK would do. Just as the split earlier served its purpose of isolating the corruption-
tainted Sasikala family, a merger now would serve the purpose of finding an important, but
non-domineering ally. But the influence of the Sasikala family works also in unseen ways, and
the BJP could well be overestimating its own power over the ruling faction of the AIADMK.
There is no telling who is using whom.
EDITORIAL
Charlottesville violence: Trumps misstep

AUGUST 17, 2017 00:02 IST
U.S. President fails to draw a moral distinction between neo-Nazis and counter-
protesters
W hite nationalist rallies are not new in the United States. But the demonstrations in
Charlottesville, Virginia, on Friday and Saturday were unprecedented in recent
American history in terms of the number of participants and the scale of violence that
followed. Those who turned up in Charlottesville, barely 200 km from Washington DC, have
sent a clear message that the far right in the U.S. is ready for a long battle on a white
supremacist agenda. On Friday night they took out a torch-bearing procession reminiscent of
the Hitler Youth night rallies, shouting, blood and soil, protesting plans to remove a
Confederate monument from the city. Saturdays demonstration turned violent as counter-
protesters mobilised an equally strong group against the white nationalists. This took a tragic
turn when a demonstrator rammed a car into the counter-protesters, killing a woman and
injuring several others. For years, the Alt-Right movement of white nationalists has been
mobilising using online platforms. They supported Mr. Trump in the November election.
Steve Bannon, the former editor of Breitbart News that gave a platform to the Alt-Right, was
chief executive of Mr. Trumps campaign, and is now his chief strategist. With Mr. Trump and
Mr. Bannon in the White House, the Alt-Right clearly feels emboldened. David Duke, a former
Imperial Wizard of the Ku Klux Klan, who took part in the Charlottesville rally, admitted as
much in plain words when he said, It is the fulfilment of President Donald Trumps vision for
America.
Mr. Trump could have shown leadership by instantly denouncing the ultra-nationalists and
upholding values enshrined in the Constitution. But he failed the test, completely. He first
condemned the violence on many sides. Two days later, apparently under pressure from his
team, he criticised the KKK, neo-Nazis, white supremacists and other hate gangs. But within
a day he made another U-turn, holding both the Alt-Right and the Alt-Left responsible for
Saturdays events. In effect, Mr. Trump failed to make a moral distinction between the neo-
Nazis who rallied with swastikas, Confederate battle flags and anti-Semitic banners and those
who assembled to protest that intolerance. Mr. Trump also launched a Twitter attack against
Merck CEO Ken Frazier, an African-American, who quit the Presidents advisory council over
his response to the Charlottesville violence. And he told Fox News that he was seriously
considering a pardon for Joe Arpaio, a former Sheriff who faces allegations of racial profiling
and discriminatory police conduct. Organisers of the Alt-Right demonstration have thanked
Mr. Trump for his honesty and courage and vowed to hold many more such rallies.
Unfortunately, the U.S. President does not see such endorsement from neo-Nazi groups as a
problem.
EDITORIAL
On rural Indias health systems: the health checklist

AUGUST 17, 2017 00:02 IST
Equity in access to doctors, diagnostics and medicines for rural India must be a
priority
T he frail nature of rural Indias health systems and the extraordinary patient load on a
few referral hospitals have become even more evident from the crisis at the Baba Raghav
Das Medical College in Gorakhpur. The institution has come under the spotlight after reports
emerged of the death of several children over a short period, although epidemics and a high
mortality level are chronic features here. Medical infrastructure in several surrounding
districts and even neighbouring States is so weak that a large number of very sick patients are
sent to such apex hospitals as a last resort. The dysfunctional aspects of the system are evident
from the Comptroller and Auditor Generals report on reproductive and child health under
the National Rural Health Mission for the year ended March 2016. Even if the audit objections
on financial administration were to be ignored, the picture that emerges in several States is
one of inability to absorb the funds allocated, shortage of staff at primary health centres
(PHCs), community health centres (CHCs) and district hospitals, lack of essential medicines,
broken-down equipment and unfilled doctor vacancies. In the case of Uttar Pradesh, the CAG
found that about 50% of the PHCs it audited did not have a doctor, while 13 States had
significant levels of vacancies. Basic facilities in the form of health sub-centres, PHCs and
CHCs met only half the need in Bihar, Jharkhand, Sikkim, Uttarakhand and West Bengal,
putting pressure on a handful of referral institutions such as the Gorakhpur hospital.
Templates for an upgraded rural health system have long been finalised and the Indian Public
Health Standards were issued in 2007 and 2012, covering facilities from health sub-centres
upwards. The Centre has set ambitious health goals for 2020 and is in the process of deciding
the financial outlay for various targets under the National Health Mission, including
reduction of the infant mortality rate to 30 per 1,000 live births, from the recent estimate of
40. This will require sustained investment and monitoring, and ensuring that the prescribed
standard of access to a health facility with the requisite medical and nursing resources within
a 3-km radius is achieved on priority. Such a commitment is vital for scaling up reproductive
and child health care to achieve a sharp reduction in Indias deplorable infant and maternal
mortality levels, besides preventing the spread of infectious diseases across States. It is
imperative for the government to recognise the limitations of a market-led mechanism, as the
NITI Aayog has pointed out in its action agenda for 2020, in providing for a pure public good
such as health. We need to move to a single- payer system with cost controls that make
efficient strategic purchase of health care from private and public facilities possible. Bringing
equity in access to doctors, diagnostics and medicines for the rural population has to be a
priority for the National Health Mission.
Printable version | Aug 18, 2017 11:36:14 AM |
http://www.thehindu.com/opinion/editorial/the-health-checklist/article19504473.ece
EDITORIAL
Son vs Bezos at Indias e-commerce market

AUGUST 18, 2017 00:15 IST
Softbank and Amazon are upping the stakes in Indias e-commerce market
F lipkarts announcement that SoftBank Vision Fund, a private equity fund backed by
Japanese billionaire Masayoshi Son, would take a stake in the company has energised
Indias e-commerce space. The investment is widely reported to be about $2.5 billion, and the
deal would leave Flipkart with a war chest of $4 billion in cash to sustain its operations. The
move is seen as the Japanese billionaires response to the increasing domination of Indias e-
commerce space by the American giant Amazon. Amazon chief Jeff Bezos claimed in April this
year that his company had become Indias fastest-growing e-commerce company. He also said
that Amazon plans to increase its investment in India. A number of private data sources have
confirmed since then that Amazon, since its launch in India in 2013, has either matched or
surpassed Flipkarts performance on various counts. On the other hand, it is well-known that
Mr. Sons initial investment in Snapdeal, an Indian e-commerce venture, was far from
successful. In fact, in May this year, SoftBank recognised losses of over $1.4 billion on its
investments in Snapdeal and Ola. Mr. Sons attempts to merge Snapdeal with Flipkart to create
a larger rival to take on Amazon also failed to materialise last month. Yet the allure of the
Indian e-commerce market is hard to resist. E-commerce is projected to grow at a rapid pace
given the large potential in a country where people predominantly shop at traditional bricks-
and-mortar retail stores.
The strength of Mr. Sons investment pursuits has been doubted for long. But he has also
picked super-winners such as Alibaba that have more than compensated for his losses. For
now his investments in the Indian startup space have failed to take off, but he may still be
counting on India to deliver his next big super-winner. With Mr. Sons financial backing
Flipkart will be looking to regain the ground it has lost to Amazon. Mr. Bezos, on the other
hand, will be keen not to lose out to a rejuvenated Flipkart the way he lost the Chinese market
to Alibaba. Meanwhile, other Amazon rivals too have entered the e-commerce fray in India.
Microsoft, Tencent and eBay have also invested in Flipkart this year. Alibaba has invested in
Paytm, the Indian payments company that also offers shopping services. Going forward, more
e-commerce companies in India might evolve into similar payments-cum-shopping
platforms. Such a strategy would be similar to the buy-and-pay model at the foundation of
Alibabas rise in China. Notably, Tencent, Alibabas rival in China, has even come up with a chat
App (WeChat) that lets users shop and pay. Amazon seems prepared for the challenge with the
launch of its own wallet service in India. But regardless of who wins this battle, the Indian
consumer looks set to be wooed by more competitive prices.

EDITORIAL
On Kerala conversion case: Choice & conversion

AUGUST 18, 2017 00:15 IST
The two seem to have become muddled in the SCs order in the Kerala conversion case
T he case of Akhila/Hadiya is becoming curiouser by the day. Entrusted with adjudicating

whether her conversion to Islam and marriage to a Muslim man were voluntary acts, the
Supreme Court has embarked on a roving inquiry into whether Hindu women in parts of
Kerala are being radicalised. Inexplicably, the court has sought inputs from the National
Investigation Agency (NIA), tasked with tackling terrorism, to probe the circumstances of the
24-year-olds conversion and marriage even before it heard her out. The question before the
court was the correctness of the Kerala High Courts decision to annul her marriage. The
Supreme Courts reasoning for its position that it needs the inputs of all stakeholders before it
speaks to the woman concerned is hard to comprehend. Of what use would these inputs be if
she maintains that she chose to convert and marry voluntarily? The High Court did not
question her conversion to Islam, only suspecting the veracity of her sudden claim that she
was married to a Muslim. This happened in the course of hearings on a plea by her father
complaining that she was under the influence of radical groups. The High Court held that the
purported marriage was only a ruse to scuttle the proceedings and annulled the marriage as a
sham. In the process, it made the odd observations that a womans marriage requires the
involvement of her parents and that even if she had attained the age of majority, she was still
at a vulnerable age.

ALSO READ
The Supreme Court has nominated a retired judge to supervise the NIA
probe, the object of which is presumably to safeguard its independence
and credibility. But the inquiry itself has come about because of a
submission made by the NIA that there is a pattern to such incidents in
Supreme Court
orders NIA
Kerala. It is possible to make out a case for a police investigation into the
probe into love suspicious activities of radical groups in the State. But the mere
jihad case
suspicion that they are working in an organised way to convert people is
not sufficient to conclude that they are involved in recruiting them for
overseas terror operations for groups such as the Islamic State. The womans father maintains
that she is under the spell and influence of radical activists who, he says, would transport her
abroad to destinations such as Syria. These and related apprehensions are subjects that should
be addressed by the police and intelligence agencies rather than by a process that involves
subjecting the woman to live in a manner not chosen by her. It is unfortunate that the plea
that she was living under custody in her parental home despite being a major failed to cut any
ice before the two-judge bench. In refusing to entertain the plea, the Supreme Court has lent
the unfortunate impression that it has placed a judicial curtailment on her volition. Rather
than do this, it should have striven to find a way to protect her freedom of religion and
movement.
EDITORIAL
Barcelona horror
AUGUST 19, 2017 00:02 IST
Spain suffers a terrible terror strike, raising questions about counter-IS strategies
A vehicular attack to maximise casualties and spread panic is now a well-tested terrorist
strategy in European cities. Barcelona became the latest urban centre to be so hit when
a van ploughed into pedestrians on a busy street, leaving at least 14 dead and more than 100
injured. This is Spains worst terrorist incident since the Madrid train bombings of 2004. The
Islamic State has, expectedly, claimed responsibility. The plot appeared to be multi-site and
involved numerous actors, not just a lone wolf. This hints at meticulous planning. The police
have linked the van attack in Barcelonas Las Ramblas area to an explosion the previous
evening that ripped through a home and killed one person in a town 200 km south of
Barcelona. Authorities also saw connections to a second vehicle attack that occurred in the
resort town of Cambrils, south of Barcelona. With at least one attacker, the driver of the van,
said to be at large, the Spanish government is likely to be grappling with the same question as
its counterparts elsewhere in Europe: what options are available to law enforcement to thwart
attacks using easy-to-obtain vehicles to grab the headlines? Over the past year, the
weaponisation of vehicles has increasingly become the tactic of choice for extremists: it was
used in London (March and June 2017, at least 12 killed), Stockholm (April 2017, five killed),
Berlin (December 2016, 12 killed), and Nice (July 2016, 86 killed).
If indeed it is established that the IS was behind the Barcelona attack, even if only as an
inspiration and not in terms of planning or execution, this would call for a renewed focus on
containing the jihadist groups recruitment agenda in Europe. There is a real risk that with the
steady erosion of the ISs territorial control in Iraq and Syria, recently highlighted by its defeat
in Mosul, foreign fighters may return from those battlefields to their home countries and
focus on carrying out attacks there. European intelligence and security services that were
beefed up after a multitude of al-Qaeda-linked attacks through the decade of the 2000s are
still fumbling to gain control of this new paradigm of individualised, low-tech terror. Until
now it was believed that Spanish intelligence had performed better on this score than France,
and perhaps even the U.K. Strained by a lack of resources and suboptimal intra-Europe
coordination, Frances intelligence seemed no match for the 2015 IS terror campaign on its
soil, which culminated in the death of 130 people in the Paris attacks in November. Spanish
authorities, on the other hand, are said to have foiled several major plots in 2008, and at least
10 separate conspiracies in 2016, not to mention additional networks reportedly uncovered
this year. Notwithstanding these variations, law enforcement agencies across the continent,
and elsewhere, now face the unenviable challenge of adapting to the evolving terror tactics of
a dispersed, determined enemy.
http://www.thehindu.com/opinion/editorial/barcelona-horror/article19519747.ece
EDITORIAL
Inquiry into Jayalalithaa's death: Politics of probe

AUGUST 19, 2017 00:02 IST
The inquiry into Jayalalithaas death is another set piece in Tamil Nadus political
theatre
I n ordering a judicial inquiry into the circumstances leading to the death of former Chief
Minister Jayalalithaa, Tamil Nadu Chief Minister Edappadi K. Palaniswami has adopted a
political response to a political demand. There is little doubt that Jayalalithaa received the best
possible medical treatment when hospitalised. However, the purpose of ordering an inquiry is
to satisfy one of the three conditions put forward by the faction of the All India Anna Dravida
Munnetra Kazhagam, the AIADMK (PTA) led by O. Panneerselvam, for a merger. Having first
removed V.K. Sasikalas nephew, T.T.V. Dhinakaran, as the partys deputy general secretary, Mr.
Palaniswami fulfilled another condition set by the faction, by declaring Jayalalithaas
residence a public memorial. These demands were a cover for backroom bargaining on
ministerial berths and party posts. But by acceding to them, Mr. Palaniswami seems to have
put the pressure back on Mr. Panneerselvam to move towards a merger. The larger purpose
behind the AIADMK (PTA)s demands was to force the ruling AIADMK faction, the AIADMK
(Amma), to distance itself from the Sasikala family. Now, at least for public consumption the
AIADMK (Amma) seems to have done so in the interest of the merger (to pave the way for the
retrieval of the Two Leaves election symbol), and to maintain good relations with the BJP-led
government at the Centre.
By all accounts, the BJP wants the two factions to merge, and it can be expected to put added
pressure on the AIADMK (PTA) to do so. In any case, Mr. Panneerselvam no longer can hope to
be recognised as the sole inheritor of Jayalalithaas political legacy. MLAs in his camp are tired
of waiting it out without the benefits of being in office. If his demand for a judicial inquiry
into Jayalalithaas death is to yield real political dividends, then the inquiry would have to
point to some shortcomings on the part of Sasikala in administering good care during the days
immediately before hospitalisation. Some of the leaders in his faction have been asking for an
inquiry by the Central Bureau of Investigation, perhaps in the hope that the agency would do
the bidding of the Centre. The BJP seems to have opted for a strategy that allows it to deal with
a united AIADMK that is beaten into submission as an ally, instead of pushing for a high-risk
scenario that would have meant aiding the AIADMK factions to self-destruct and waiting to
take up the political space vacated by them. Any other course would have amounted to
surrendering the political advantage to the main Opposition party, the Dravida Munnetra
Kazhagam, which lost the Assembly election narrowly last year. Clearly, the BJP is unwilling to
sacrifice its short-term political interests in Tamil Nadu in the implementation of a long-term
vision.

http://www.thehindu.com/opinion/editorial/politics-of-probe/article19519740.ece
EDITORIAL
Missing investors: on Sahara case

AUGUST 21, 2017 00:02 IST
The Sahara case calls for a thorough probe to reveal all its money laundering
dimensions
I t has been about five years since the Supreme Court ordered the Sahara Group, led by
Subrata Roy, to refund money that it borrowed from investors without sufficient
regulatory clearance. But the Securities and Exchange Board of India, which was tasked by the
Supreme Court to oversee the actual transfer of money from the Sahara Group to investors, is
clueless about where to find those investors. The total amount, including interest on the
initial principal, that needs to be refunded to investors has bulged to about 40,000 crore now.
Of this, SEBI has received an aggregate amount, including interest earned on deposits, of
about 14,487 crore from the Sahara Group. But according to SEBIs latest annual report, as on
March 31, 2017 only about 85.02 crore, including interest of about 38.05 crore, of this
amount has actually been returned to investors. As a background to the case, it is notable that
Sahara India Real Estate Corporation Ltd. and Sahara Housing Investment Corporation Ltd.,
entities that come under the Sahara Group, were directed by SEBI in 2011 to return about
24,000 crore that they had raised through the issue of optional fully convertible debentures.
The entities had collected the money without seeking SEBIs approval, which led the regulator
to order the money to be returned to investors with appropriate interest. The Sahara Group
argued that it had sufficient approvals from the Ministry of Corporate Affairs for the issue.
But the Supreme Court, on August 31, 2012, upheld the 2011 SEBI order.
The fact that very few investors have come forward to reclaim their money is bizarre. SEBI has
been requesting genuine investors in Sahara to step forward and claim their money since at
least May 2013. This obviously raises questions about the authenticity of Saharas investor
base, which needs to be investigated thoroughly. The Sahara Group earlier claimed that it had
already returned 95% of the capital that it borrowed from investors even before the Supreme
Courts 2012 decision it says this is the reason much of the refund money remains
unclaimed. But the Group failed to satisfy the Supreme Courts request to provide evidence of
the source of funds used to make the claimed return payments. It was always clear that the
Sahara case was hardly about investor protection, one that could be handled by SEBI. Yet, even
as crores of rupees remain unclaimed from SEBI, investigations into the case from the angle of
possible money laundering have been slow. The Enforcement Directorate began proceedings
in 2014 against the Sahara Group under the Prevention of Money Laundering Act, but has had
very little to show for its efforts. The government must step in to expedite a probe into what
could be a massive money laundering exercise. This will yield better results than waiting for
millions of missing investors to turn up. Finally, the Ministrys rationale for approving
Saharas initial fund-raising efforts should not be left uninvestigated either.
http://www.thehindu.com/opinion/editorial/missing-investors/article19530192.ece
EDITORIAL
Separate ways: on JD(U) split

AUGUST 21, 2017 00:02 IST
Sharad Yadav has adopted a long-term view in deciding to part with Nitish Kumar
O n the credit side of his long political ledger, Bihar Chief Minister Nitish Kumar has
been able to carry with him most of his partys State legislators through his flip-flops.
Whether he made or broke alliances, whether with the Bharatiya Janata Party or the Rashtriya
Janata Dal, a majority of the Bihar unit of the Janata Dal (United) stayed with him. The only
blot in his drama-filled copybook so far is the revolt of senior leader Sharad Yadav, who took
some of the moral sheen away from the attempt to portray the break-up of the grand alliance
with the RJD and the Congress as a principled stand against corruption. Indeed, Mr. Yadav, in
describing the dissolution of the alliance as a betrayal of the peoples mandate of 2015, has
pressured Mr. Kumar into dropping all pretence and formally joining the National Democratic
Alliance of the BJP. The prospect of ministerial berths at the Centre might have persuaded
some of the JD(U)s Members of Parliament to go along with Mr. Kumar, but Mr. Yadav appears
to have generated some political momentum on his own. With the formalisation of the split,
the JD(U) could be in danger of losing its election symbol, the Arrow. Mr. Yadav has made it
clear he is not leaving the party he helped found, and led for some time.
A BJP-JD(U) electoral alliance is formidable, but if the 2015 Assembly election proved
anything, it was that the RJD retained its core support base. Mr. Yadav knows he can retain his
relevance in Bihars politics by siding with the RJDs Lalu Prasad. The series of corruption cases
against him and his family members notwithstanding, Mr. Prasad, with his own brand of
backward class identity politics and wooing of the minority community vote-bank, remains a
vote-catcher in Bihar. The present turn in the States politics presents an opportunity for Mr.
Yadav to strike out on his own, and find a niche for himself. To go along with Mr. Kumar at
every turn would have cramped the political space for Mr. Yadav at the national level. Also, in
spite of what he likes to believe, Mr. Kumar might have played into the hands of the BJP. At the
time of the next Lok Sabha election, the BJP will most likely call the shots in seat apportioning
and constituency selection. Mr. Kumar needs the BJP more than the BJP needs him. Without an
alliance partner, Mr. Kumar might just sink; the RJD-Congress combine is sure to take the
anti-BJP political space. Thus, in making his decision Mr. Yadav seems to have factored in a
possible souring of Mr. Kumars relations with the Narendra Modi-Amit Shah duo. The
prospect of an immediate ministerial berth was probably weighed against the possibility of
long-term political marginalisation.
http://www.thehindu.com/opinion/editorial/separate-ways/article19530186.ece
The Hindu
EDITORIAL
Prison and privilege: On favourable exemptions to Sasikala

in jail
AUGUST 22, 2017 00:02 IST
If illegal facilities are allowed to select prisoners, jails will lose their deterrent value
I t is not uncommon for some influential prisoners to get concessions or privileges from
obliging officials. The privileges and favourable exemptions that V.K. Sasikala seems to
enjoy in the Parappana Agrahara Central Prison in Bengaluru appear to confirm what one
hears only in corruption folklore. Initially, it was rumoured she had a makeshift kitchen and
been provided with an inmate as a cook; it was said she had a special visitors room with
enough chairs for political confabulations. Now, dramatic footage has emerged showing her
and her relative and fellow convict, J. Ilavarasi, entering by the prisons main door, suggesting
that she may be returning from a trip outside the prisons precincts. It appears, in the video,
that she has been exempted from wearing a convicts uniform. These are not fanciful charges
emerging from unreliable quarters. These are part of purported evidence submitted to
investigators by former Deputy Inspector General (Prisons) D. Roopa, who blew the whistle on
Sasikalas special privileges weeks ago. Ms. Roopa has submitted the footage, presumably
taken from a surveillance camera focussed on the prisons entry point, to the Anti-Corruption
Bureau, which wanted proof of her earlier charges about rampant corruption among prison
officials. Ms. Roopa had been transferred out from the post after she made the sensational
allegation that the Director General (Prisons) and other top officials had taken a 2-crore bribe
to extend these privileges to Sasikala. The former DG (Prisons), H.N. Satyanarayana Rao, who
rejected the charges as baseless, has since retired.
The Karnataka government has ordered an inquiry headed by Vinay Kumar, a retired
bureaucrat, into irregularities in the prison, while the Anti-Corruption Bureau is examining
the corruption charges. These investigations should not be mere formalities as prison
corruption poses a great danger to society. It is not only influential politicians but also
offenders jailed for serious charges, such as Abdul Karim Telgi, the kingpin of the stamp paper
racket that rocked the country over a decade ago, who are the beneficiaries of a suborned
system. Overcrowding, ill-treatment, lack of infrastructure and inadequate facilities are some
of the problems that the countrys prison system has been facing for years. In recent years,
newer vices have been added to the list of problems: availability of drugs, for instance, and
access to mobile phones to prisoners to beat the communication protocol. Any inquiry into
Ms. Roopas charges cannot be limited to the facilities that one or two prisoners may enjoy, but
should comprehensively address all these issues. Failure to curb the illegal facilities allowed
to some prisoners will ultimately lead to the loss of whatever deterrent value a jail term has.
To paraphrase Shakespeare, one must not make a scarecrow of the law that is set up to scare
away birds, but lets custom make it their perch and not their terror.
EDITORIAL
Derailed priorities: On Utkal Express derailment

AUGUST 22, 2017 00:02 IST
There must be a quick inquiry into the Khatauli accident, and a larger safety upgrade
R ailway Minister Suresh Prabhu took several Rail Bhawan mandarins to task within
hours of the latest tragedy on the tracks. Thirteen coaches of the Puri-Haridwar Utkal
Express derailed at Khatauli, near Muzaffarnagar in Uttar Pradesh, killing at least 23 people. A
portion of the track had been disjointed and was being welded in order to be put back in place
as part of routine maintenance. But no one bothered to put a traffic blockade in place, as
required, and the welding could not be completed before the train passed through. A probe by
the Commissioner of Railway Safety may reveal whether this was a systemic communication
failure or an instance of a casual approach to a task that needed to be done but could have
waited if traffic blocks were not feasible that day. Reposing confidence in the inquiry process
may appear difficult as the CRS is yet to conclude its investigation into one of the deadliest
railway mishaps in the past decade: the Indore-Patna Express crash near Kanpur last
November, that killed 152 passengers. That process may have been muddied by suggestions of
sabotage, from the highest levels of government, and accountability is yet to be fixed. But in
Khatauli, evidence is available of serious lapses, including an audio recording of railway
officers conceding bungling over the maintenance work.
Two engineers have been suspended, another has been transferred, and three top officials,
including a Railway Board member in charge of engineering and tracks, have been asked to go
on leave as exemplary punishment. Action against Railway Board members is rare, and this
sends out a strong signal. However, it is no substitute for a larger course correction. Nearly
70% of the 303 rail accidents reported between 2012-13 and 2015-16 were caused by
carelessness of railway staff, which includes shortcuts in maintenance work and failure to
heed safety norms. Derailments often caused by defects in the tracks or the rolling stock
have been the second biggest reason for accidents and casualties over the past decade. The
Railways has over 1.14 lakh km of tracks, but their renewal, the Ministry told the
Parliamentary Committee on Railways, depends on the financial resources allotted in a given
year rather than the length of tracks that need refreshing. The induction of coaches with anti-
climbing features, that could minimise fatalities in incidents like Khatauli, remains far too
sluggish. A five-year corporate safety plan, first announced in the Rail Budget for 2015-16, has
been drafted, but is yet to be approved. Humans err, but when the system turns a blind eye to
the obvious needs of a public utility, the wake-up call needs to go beyond rapping a few
officers. As the Railways itself has said, unless operations are safe, there are no operations.
Printable version | Aug 22, 2017 2:56:26 PM |
http://www.thehindu.com/opinion/editorial/derailed-priorities/article19535618.ece
The Hindu
EDITORIAL
Undoing injustice: On instant triple talaq verdict

AUGUST 23, 2017 00:02 IST
The Supreme Court invokes constitutional norms and Islamic canon to bar instant
talaq
B y declaring the discriminatory practice of instant triple talaq as unconstitutional, the

Supreme Court has sent out a clear message that personal law can no longer be
privileged over fundamental rights. Three of the five judges on the Constitution Bench have
not accepted the argument that instant talaq, or talaq-e-biddat, is essential to Islam and,
therefore, deserves constitutional protection under Article 25. The biggest virtue of the two
opinions constituting the majority judgment is that they do not have to undermine any
religious tenet to make their point. On the contrary, as Justice Kurian Joseph says, the
forbidden nature of triple talaq can be gleaned from the Koran itself. Justice Rohinton
Nariman, writing the main judgment, locates the practice in the fourth degree of obedience
required by Islamic tenets, namely, makruh, or that which is reprobated as unworthy. The
main ground on which the practice has been struck down is a simple formulation: that this
form of talaq is manifestly arbitrary in the sense that the marital tie can be broken
capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to
save it. In fact, the final summation is so simple that the court did not even have to elaborate
on how triple talaq violates gender equality. On the contrary, Justice Nariman says that having
held the practice to be arbitrary, there is really no need to go into the element of
discrimination. The court deserves commendation for undoing the gender injustice implicit
in the practice so effortlessly, within constitutional parameters as well as the Islamic canon.
The present case was initiated suo motu by the court, but opinion against triple talaq could
not have gathered critical mass and the case against it significantly bolstered if it werent for
afew women standing up to the communitys conservative elements and challenging it. Any
other outcome would have been a great injustice to them. Even the judges in the minority
have had to concede that their reasoning is based mainly on the fact that this form of talaq is a
matter of personal law, and therefore entitled to constitutional protection. It is not open to a
court to accept an egalitarian approach over a practice which constitutes an integral part of
religion, writes Chief Justice J.S. Khehar in his minority opinion. Interestingly, even his view
segues into a somewhat egalitarian position, restraining Muslim men from pronouncing
triple talaq until Parliament enacts a law to regulate it. The All India Muslim Personal Law
Board, and all those who supported its regressive opinion that even an unworthy practice
should not be dislodged by judicial verdict, should now accept the verdict in the interests of a
modern social order. And there is no reason to contend that their faith has been unduly
secularised. For, as Justice Joseph concludes, what is bad in theology is bad in law as well.
EDITORIAL
Fusion and fission: On AIADMK merger

AUGUST 23, 2017 00:02 IST
The merger of the two AIADMK factions has led to the emergence of another
N ew fault lines have formed in the All India Anna Dravida Munnetra Kazhagam in Tamil
Nadu. When the factions led by Chief Minister Edappadi K. Palaniswami and former
Chief Minister O. Panneerselvam agreed on the merger, they must have hoped it would lead
to a period of political stability and an unrivalled claim to power. Instead, they are now faced
with a new pressure group led by T.T.V. Dhinakaran, nephew of the polarising figure that is V.K.
Sasikala, who is serving a four-year sentence in the disproportionate assets case. By making
the isolation of the Sasikala family a pre-condition for the merger, the Panneerselvam faction
appears to have left Mr. Palaniswami on shaky ground. While Mr. Dhinakaran was not against
the merger per se, he and his kin have not taken kindly to the depiction of the political
reunion as a logical outcome of popular aversion to the Sasikala family. The merger and the
retrieval of the election symbol of Two Leaves were seen as political necessities, but not the
insistence of the Panneerselvam faction on carrying on a political campaign almost entirely
on an anti-Sasikala platform. Though Mr. Palaniswami managed to defer a decision on
expelling Sasikala until after the convening of a general council meeting, in the popular
imagination the merger was made possible only by the sidelining of the Sasikala family. To
retain their relevance, Mr. Dhinakaran and other members of the family were forced to
coalesce into an opposing group.
With the support of 19 legislators, Mr. Dhinakaran is in a position to bring down the
government. However, rather than project his opposition as another split in the party, he is
keen to fight the battle from within. The proposal to pitch the Speaker, P. Dhanapal, as the
groups choice of Chief Minister to replace Mr. Palaniswami is part of an attempt to reassert
control over the party and the government. Even now, many ministers in the Palaniswami
cabinet are Sasikala loyalists; they are held together only by their desire to avoid a snap
election just one year into the term of the Assembly. Given the mood of the government at the
Centre and the interests of the Bharatiya Janata Party, Governor C. Vidyasagar Rao might not
act in a hurry on the plea by the MLAs supporting Mr. Dhinakaran and order Mr. Palaniswami
to go through a floor test. Indeed, the best course in the current muddled circumstances
would be to let matters take their own course and allow any oppositional group to move a
motion of no confidence against the government. The Dhinakaran group would like a change
at the helm, but would not like to be seen as joining hands with the Opposition Dravida
Munnetra Kazhagam and forcing a snap election. In such a situation, the proper forum for a
change of leadership is a meeting of the AIADMKs legislature party, not the Raj Bhavan, and
not the floor of the Assembly. At least, not yet.
EDITORIAL
Lessons from a fiasco: On NEET and T.N. medical

admissions
AUGUST 24, 2017 00:02 IST
NEET should be made more accessible by basing it on a fresh syllabus
I t is a matter of immense relief that the prolonged uncertainty over the medical
admission process in Tamil Nadu is over. The entire process has been marked by anxiety
for students and parents. That phase has ended, thankfully, but not without lessons for the
State government. Unable to introduce legislative measures or get favourable judicial
orders to exempt the State from the National Eligibility-cum-Entrance Test (NEET), which
the Supreme Court says must be the sole basis for medical admissions across the country,
Tamil Nadu has at last released the merit list for MBBS seats based on NEET rankings. The
Supreme Court gave a peremptory direction to the State to complete admissions by September
4 after a volte-face by the Centre, which had previously cleared an ordinance prepared by the
State government to grant a years exemption from NEET for the State. This week the Centre
informed the court that it was not in favour of giving undue advantage to one State. In any
case, it was apparent that the ordinance would run into a judicial barrier. It was known that
the Supreme Court would take a dim view of legislation aimed at giving selective exemption
to one State. Last year, when the Centre granted a one-time exemption to the entire country,
the Supreme Court had made its displeasure obvious. Against this backdrop, it may be valid to
ask if giving the nod to the ordinance and then making an about-turn were no more than
political manoeuvres on the part of the Centre.
The Tamil Nadu Assembly had passed two Bills to exempt the State from NEET permanently
and sent them to the Centre for the Presidents assent. When for months the assent did not
come, the State government ought to have advised students to get ready for NEET. Closer to
the admission season, it came out with a controversial order earmarking 85% of medical seats
for State Board students. Predictably, it was struck down by the courts. Not chastened by
judicial setbacks, the State government continued its ineffectual efforts to get an exemption,
possibly because it could not admit its own failure to make the requisite changes in the school
curriculum to make students NEET-ready. There is a flip side to the controversy: whether in
the interest of uniform admission norms, an unwilling State should be forced to adopt a
national test prepared on the basis of a syllabus not familiar to a majority of its students,
especially rural students. With NEET becoming the sole admission gate, there may be no scope
for an exemption, but the test itself could be made more accessible. The long-term solution
for Tamil Nadu lies in upgrading academic standards in its schools. As for the Centre, it could
help by drawing up a fresh syllabus standard for NEET after consulting the States, which
necessarily have differing school-level standards. Tamil Nadu cannot afford a repeat of this
years fiasco.
EDITORIAL
And the war goes on: On Trumps South Asia policy

AUGUST 24, 2017 00:02 IST
Donald Trumps plan for Afghanistan is still too short on specics
U. S. President Donald Trumps decision to deepen the countrys military engagement

in war-torn Afghanistan signals a significant shift in the position he has held for
years. Mr. Trump had campaigned to end American involvement in foreign conflicts and was
particularly critical of the Afghan war, which he said was wasting American money. His
announcement on Monday of the decision to send more troops to the country reflects a
realisation that the U.S. does not have many options in dealing with its longest military
conflict. This is also a grim reminder of the precarious security situation in Afghanistan.
Sixteen years since George W. Bush ordered the American invasion of Afghanistan and toppled
the Taliban regime, the insurgents are on the ascendent again. More than half the countrys
territory, mostly in rural, mountainous areas, is now controlled by the Taliban, while the
Islamic State has set up base in eastern Afghanistan. In recent years, both the Taliban and the
IS have carried out a number of terror attacks in the country, including at highly fortified
military locations, raising questions about the very survival of the government in Kabul. This
is a worry point for Mr. Trumps generals, who want to avoid the kind of vacuum left behind by
the Soviet withdrawal in the late 1980s that plunged Afghanistan into a protracted civil war;
the Taliban eventually took over.
But it is not going to be easy for Mr. Trump. He is the third consecutive American President to
send troops to Afghanistan. Mr. Bush and Barack Obama failed to swing the situation
sufficiently to ensure a long-lasting difference in Afghanistans battleground. It is not clear if
Mr. Trump can win a war they lost. His strategy can be summed up as Obama-plus it builds
on the premises of the Obama plan of additional troops and regional diplomacy. But unlike
Mr. Obama, who set a timetable for the withdrawal of troops, Mr. Trump is ready for an open-
ended engagement. He also said the focus of the American mission should narrow down to
fighting terrorists, not rebuilding Afghanistan in our own image. Third, Mr. Trump minced
no words while calling Pakistan a country that shelters terrorists. He also wants India to play a
greater role in providing economic and developmental assistance to Afghanistan. India has
welcomed Mr. Trumps strategy, as the U.S.s objectives in building a stable Afghanistan and
ending Pakistans sponsorship of terrorism are exactly in line with Indias own goals for the
region. It has, however, correctly reminded Mr. Trump that it does not need his request, never
mind his coarse reference to billions of dollars made in bilateral trade with the U.S., in order
to fulfil its commitment to Afghanistans economic development. Such open transactionalism
will not serve the U.S.s efforts in winning allies for its new Afghanistan policy, nor indeed will
it further its mission in a country that is not unfairly called the graveyard of empires.
EDITORIAL
Caste and class: On OBC sub-categorisation

AUGUST 25, 2017 00:15 IST
Sub-categorisation of OBCs feeds the BJPs recent attempts at caste-based

mobilisation
T here are inequalities and then there are inequalities within unequal entities. That
reservation in jobs and education did address socio-economic disparities in India to
some degree is true. But, equally, the benefits of reservation have not been distributed
equitably, and large segments of the weaker sections and backward classes continue to have
no access to quality education or meaningful employment. The relatively rich and dominant
sections among the backward castes have tended to take up a disproportionately larger share
of the reservation pie. The introduction of the concept of creamy layer to isolate the well-off
among those eligible for reservation was initially perceived as an attempt to limit the benefits
of reservation, and to politically divide the beneficiaries of reservation. But, properly
implemented, it could have had the effect of allowing a more equitable spread of the benefits
of reservation. The Union Cabinets decision to set up a commission to examine the issue of
sub-categorisation of the Other Backward Classes speaks to the long years of failure in
effectively preventing large sections of the creamy layer from taking advantage of the quota
system to the detriment of the poorer sections among their own caste groups. In effect, the
Union government is now seeking to ensure a more equitable distribution of reservation
benefits by further differentiating caste groups coming under backward classes on the basis of
their levels of social and economic backwardness. If the categorisation of the creamy layer had
been done consistently and uniformly, there would not have been any felt need to
differentiate among the caste groups. The decision on sub-categorisation came on the same
day the Cabinet decided to raise the ceiling for deciding who remains outside the creamy layer
to those earning 8 lakh annually, an increase of 2 lakh. This is at cross-purposes with the
move toward sub-categorisation, allowing as it does those with higher earnings to enjoy
reservation benefits. The reservation pie is limited, and no group, whether rich or poor,
dominant or subservient, can hope to gain except at the expense of another socio-economic
category.
Vote-bank politics has a lot to do with the prioritising of caste-based categorisation over
income-based differentiation to identify reservation beneficiaries. Political mobilisation on
the basis of caste is far easier than on the basis of income, and the BJP is clearly trying to
splinter the vote banks of the Samajwadi Party and the Rashtriya Janata Dal in Uttar Pradesh
and Bihar. The effort is to make other caste groups see dominant castes such as Yadavs as
competitors for education and employment. Evidently, this kind of political mobilisation is
not at odds with the BJPs greater stratagem of Hindu religious consolidation. But it may still
result in leaving out the truly deserving from reservation benefits.
EDITORIAL
Citizen vs State: On right to privacy verdict

AUGUST 25, 2017 00:15 IST
The unanimous verdict on privacy is a restatement of core constitutional principles
I n a rare unanimous verdict pronounced by nine judges, the Supreme Court has ruled that
privacy is a fundamental right that requires constitutional protection. It was always
known or assumed to be a common law right. Occasionally, and somewhat grudgingly, it was
recognised in some verdicts as a fundamental right. In concluding that the right to be left
alone is an inalienable part of being human, the court has restated a fundamental principle,
namely that some rights are natural and inherent; constitutions only recognise them and
make them explicit. This restatement of first principles became necessary mainly due to a
strange and perverse argument by the Union government in the course of the hearings on the
validity of its Aadhaar-based unique identity scheme that privacy is not a fundamental right.
The fact that all the judges unanimously came down on this argument shows how much the
government misunderstood the constitutional underpinnings of privacy as a value in itself
and as an ineluctable facet of human dignity. The government argued that privacy is so
amorphous as to defy description, that it is needless to call it a fundamental right as it is one
in common law, and that it has been given statutory protection in different forms. There was
even a suggestion that privacy is an imported value and that it is elitist. All these arguments
fell by the wayside.
The outcome was not entirely unexpected. Not many would have seriously believed a
constitutional court would rule that privacy is not a cherished right in a democracy. What
implications the ruling would have on state policy and citizens rights will be the core issues
in future. A welcome aspect of the judgment is that it makes it clear that sexual orientation is
part of privacy and constitutionally protected, and that the 2014 verdict upholding Section
377 of the Indian Penal Code is flawed. This opens up the case for a much-needed
reconsideration. As for Aadhaar, it is pertinent to note that the judges have referred to the
restrictions and limitations that privacy would be subject to. The test to decide the validity of
any such restriction is that it is reasonable, based on fair procedure and free from arbitrariness
or selective targeting or profiling. It can also be based on compelling state interest. This is
where a cautionary note is in order. Courts exercising writ jurisdiction should be cautious
about the nature of the relief they grant based on wide and open-ended claims of breach of
privacy. The verdict has advanced and revivified core constitutional principles in an era in
which privacy is pitted against state interest. Somehow, privacy as a value finds itself at
loggerheads with notions of national security, the needs of a knowledge society and even
socio-economic policy. Hopefully, this judgment will set many such concerns at rest and bring
about a more equitable relationship between citizen and state.
Printable version | Aug 25, 2017 5:04:03 PM |
http://www.thehindu.com/opinion/editorial/citizen-vs-state/article19555383.ece
EDITORIAL
Lessons not learnt: On swine flu

AUGUST 26, 2017 00:02 IST
The high H1N1 u toll points to a failure to put necessary systems and precautions in
place
T he number of influenza A (H1N1) virus cases and deaths reported from across India this
year has already crossed 19,000 and 900, respectively. These are lower than the 2015 toll
of 32,000 cases and 2,000 deaths, but the revived spread is alarming. In the last month or so
there has been a sharp increase in the number of cases and deaths over 6,000 and 300.
Gujarat is the worst-affected, with about 250 deaths recorded so far: Rajasthan, Punjab and
Maharashtra and Delhi too have been badly hit. The number of H1N1 cases in the southern
States is also high compared with last year, with Tamil Nadu reporting nearly 3,000 cases about
a month ago. According to the Pune-based National Institute of Virology, the virus has not
undergone any significant mutation and the virulence has remained nearly unchanged. It has
however undergone point mutations which resulted in a new strain the Michigan strain
replacing the California strain that has been prevalent since the 2009 pandemic. While both
strains were co-circulating last year, as per surveillance data only the Michigan strain has been
circulating this year. The increased caseload and mortality this year compared with last year
could be because pre-existing immunity through exposure to the California strain is no longer
effective, and people are therefore not immune to the new strain. More research is needed to
fully understand the epidemiology of H1N1 caused by the Michigan strain, and who may be
more vulnerable.
Despite the high numbers, there is no system in place to release data periodically and
frequently. Compare this with the regular updates provided by the U.S. Centers for Disease
Control and Prevention, especially during an epidemic. There has also been a near-complete
failure on the part of governments to spread awareness about prevention strategies. Uptake of
influenza vaccination by people, especially by those belonging to the high-risk category, has
been extremely poor, with only about 10,000-12,000 doses of H1N1 vaccine sold in the last six
months by the Pune-based vaccine manufacturer. Since the 2009 pandemic, H1N1 has become
a seasonal flu virus strain in India even when the temperature soars during the summer
months. Vaccination of health-care workers and people in high-risk categories is the only way
to reduce the toll. That guidelines for H1N1 vaccination of people belonging to high-risk
categories such as pregnant women, very young and old people and those with certain
underlying illnesses were released only last month by the Health Ministry is evidence that
India has not learnt any lessons from the 2015 H1N1 epidemic. Urgent measures are needed to
ramp up preparedness in dealing with epidemics.
EDITORIAL
Target Section 377: On decriminalising gay sex

AUGUST 26, 2017 00:02 IST
The SC has laid the foundation to decriminalise consensual gay sex
S ame-gender sex remains a crime in the country due to a flagrant judicial mistake
committed by the Supreme Court in 2013. The time has come to undo it. Ever since the
constitutional validity of Section 377 of the Indian Penal Code was upheld in Suresh Kumar
Koushal (2013), the correctness of the retrograde verdict has come under doubt twice. The
latest criticism from the court is strident and explicit. While declaring that the right to privacy
is a fundamental right and an inherent component of human liberty and dignity, the nine-
judge Bench has observed that the rationale behind the Koushal judgment is flawed and
unsustainable. It has said the rights of LGBT persons are real rights founded on sound
constitutional doctrine and not so-called rights as the earlier Bench had described them
disdainfully. The astounding claim made in Koushal that there was no need to challenge
Section 377 because the LGBT community constitutes only a minuscule minority has been
completely discredited. It was unreasonable to advance the view that constitutional
protection is available to a group based on its size. Yet, in a show of uncharacteristic reticence
and contrary to the history of the evolution of constitutional jurisprudence, the earlier Bench
had suggested that the provision can be diluted only through the legislative route. This weeks
ruling on privacy rights contains a clear enunciation of the constitutional basis for protection
of rights based on sexual orientation.
Transgenders, even though insignificant in numbers, are entitled to human rights, another
Bench had observed in National Legal Services Authority (2014), in a subtle hit at the
minuscule minority formulation in Koushal. At another point, it said Section 377 had been
an instrument of harassment and abuse, something the earlier judgment had refused to
accept. Significantly, it advocated the adoption of the Yogyakarta Principles norms on
gender identity and sexual orientation adopted by human rights experts in 2006 in Indonesia.
A key principle is that discrimination based on sexual orientation and gender identity must
end. By commending this norm, the court has located sexual orientation not only as a freedom
flowing from the right to privacy, but as demanding of non-discriminatory treatment. Both
these verdicts correctly refrained from ruling on the validity of Section 377, as it was not the
primary question before them. However, it is quite apparent that a strong body of
constitutional jurisprudence is now available to target Section 377, as and when a five-judge
Bench takes up the reconsideration of Koushal. By the latest verdict, sexual orientation is an
aspect of the right to privacy and an inalienable part of human dignity, freedom, and personal
liberty. Under the 2014 reasoning, it is relatable to both dignity and equality. Read together,
they have laid the foundation for restoring the Delhi High Court judgment of 2010 in Naz
Foundation, which read down Section 377 to decriminalise consensual sex among adults
irrespective of gender.
EDITORIAL
Anarchy in Panchkula: Gurmeet Ram Rahim Singh's

conviction
AUGUST 28, 2017 00:02 IST
In failing to control the violence, the Haryana government abdicated its responsibility
N othing shows up the ineptness of the state more than unpreparedness in the face of
predictable events. In allowing tens of thousands of followers of the Dera Sacha Sauda
sect to gather for a show of strength when their leader, Gurmeet Ram Rahim Singh, was awaiting
a judicial verdict in a rape case, the Haryana government abdicated its responsibility of
maintaining law and order, and protecting life and property. Prohibitory orders were not
enforced, with the government evidently viewing the looming protests as pressure relief valves
instead of as trigger points for violence. In the absence of preventive detention where
appropriate, and of restriction on movement and assembly in public spaces, matters spiralled out
of control once the court pronounced the cult leader guilty of rape. True, mob violence is difficult
to control without resort to extreme force, but in this case the government seemed to rely entirely
on the good sense of the sects followers. It failed to foresee violence on such a large scale, and no
viable security plan was in place until after several hours of lawlessness. Despite intelligence
inputs about the Dera followers storing fuel, and knives and stones, the government machinery
was woefully slow to react. Neighbouring Punjab and Delhi also witnessed violence, but the
preparedness of the law enforcers were of a higher order in both those areas. Punjab saw better
coordination between the Army and the police, with action being taken at least ten days in
advance. Of course, the supporters had gathered in greater numbers in Panchkula and Sirsa, the
headquarters of the sect, in Haryana; even so, nothing remotely credible can explain the
inadequateness of Haryanas response to Fridays mayhem.

ALSO READ
Religious sects such as the Dera Sacha Sauda that command a huge
following are often handled with kid gloves by governments as they can
deliver votes in blocks. Senior BJP leaders, including ministers, have often
been seen seeking the blessings of the Dera leader. This is what must have
Ram Rahim
Singh enjoyed
prompted the Punjab and Haryana High Court to come down hard on the
BJP's patronage Manohar Lal Khattar government for its political surrender to the Dera
vote bank. Although the remarks are political in nature, and quite unusual
coming from a court, they reflect the growing perception that politicians are
often in nexus with religious leaders and cult figures. Three years ago, in Hisar, another godman,
self-styled jagat guru Sant Rampal, defied the police for several days, evading arrest in a
contempt case. In that instance, his followers countered the police with Molotov cocktails and
acid pouches. Clearly, godmen and cult leaders believe they are above the law. It is for the
government and law enforcement agencies to disabuse them of that notion, especially when, as in
the case of Gurmeet Ram Rahim Singh, they face charges of rape and murder.

http://www.thehindu.com/opinion/editorial/anarchy-in-panchkula/article19571267.ece
EDITORIAL
That old spark: Nepal Prime Ministers visit brings bilateral

hope
AUGUST 28, 2017 00:02 IST
The Nepal Prime Ministers visit sparks hope that bilateral ties will nd a new equilibrium
A t a time when the Doklam stand-off had focussed attention on Himalayan geopolitics, it
was impossible to miss the significance of the visit of Nepals Prime Minister Sher Bahadur
Deuba to India. This was his first foreign visit as Prime Minister, and it confirmed Kathmandus
abiding interest in strong ties with India. The recovery of bilateral warmth has taken some doing
on both sides. Mr. Deuba is Nepals 10th Prime Minister in a decade, and its fourth since its
Constitution was promulgated in 2015. India had mounted strong opposition to the Constitution
with demands that it be made more inclusive, especially vis--vis the Madhesis in the Terai area,
sending ties with Kathmandus ruling establishment on a downward spiral. Even as Nepal
struggled to cope with rehabilitation work after the massive earthquake of 2015, many in
Kathmandu held India responsible for the three-month-long great blockade of goods and fuel
supplies that followed sustained protests by Madhesi groups. To that end, Mr. Deubas visit was
another opportunity, as were the visits of his predecessors K.P. Sharma Oli and Pushpa Kamal
Dahal Prachanda, to repair the India-Nepal relationship. The joint statement at the end of the
Delhi leg of his visit refers to the deep, comprehensive and multi-faceted ties between the
neighbours as it listed projects being developed in Nepal under lines of credit provided by India.
These include $200 million for irrigation projects, $330 million for road development and $250
million for power infrastructure in Nepal. India made the obligatory appeal to Kathmandu to
take all sections of society on board while implementing its Constitution, but the tenor was
notably softer this time. No mention was made of a key amendment to the Constitution to
accommodate Madhesi demands that had been defeated just last Monday.

ALSO READ
Yet, it would be a mistake to presume that ties can so easily return to their
On Doklam,
Nepal walks a pre-2015 strength, as the ground has shifted in too many ways since then. To
tightrope
begin with, memories of the blockade still rankle in Nepal. And while South
Block and Singha Durbar have been keen to move ahead with trade linkages
and complete the integrated check-posts at Raxaul-Birgunj and Jogbani-
Biratnagar, the land-locked country has actively sought to break its
dependence on India for fuel and connectivity. Since 2015, Nepal and China
have cooperated on infrastructure plans, including a big hydroelectric
project and a rail link to Tibet. Nepal is also part of Chinas Belt and Road Initiative. India is
struggling to leverage the historical closeness with Nepal, the open border the two share and the
special status Nepalis working in India have enjoyed. The India-China stand-off in Doklam will
add to the awkwardness in the trilateral relationship. Mr. Deubas visit will need a sustained
follow-up.
Printable version | Aug 28, 2017 10:37:56 AM | http://www.thehindu.com/opinion/editorial/that-
old-spark/article19571270.ece
EDITORIAL
Agreeing to disagree: ending the Doklam stand-off

AUGUST 29, 2017 00:15 IST
Diplomacy has paid off in ending the Doklam stand-off, but India and China must repair
ties
T he separate announcements by India and China that the Doklam military stand-off has
ended are a welcome sign that diplomacy has prevailed over the harsh rhetoric of the past
10 weeks. The measured tone of the statement from New Delhi, referring to the expeditious
disengagement of border personnel as part of the understanding between the two countries,
shows that the governments policy of pursuing diplomatic measures in the face of Chinas angry
rhetoric was wise. In turn, Chinas statement, which said that Indian troops had withdrawn from
the disputed Doklam plateau while Chinese troops continue to patrol the area, gives Beijing the
latitude it requires to end the stand-off peacefully. The differing versions and the lack of further
information leave several questions unanswered about the terms of the disengagement. But the
very fact that both countries have been able to issue statements even if they were designed to
satisfy their domestic audiences suggests that in diplomatic negotiations, each took into
account the others constraints. In issuing statements that were inconsistent with each other,
both sides seem to have agreed to disagree. To that end, the importance lies less in the detail but
in the dtente itself, in the decision by the leaderships of both countries to pull back from what
some feared could escalate into a full-blown conflict. In this, it must be noted that New Delhi
and Beijing have respected the wishes of the Bhutanese government, which wanted an early end
to the crisis before the bitter winter set in.

ALSO READ
One hopes the decision on Doklam, which comes a week before Prime
Minister Narendra Modi is scheduled to go to China, will guide the
bilateral spirit beyond the September 3-5 BRICS summit to be held in
Xiamen. Once Mr. Modi and Chinese President Xi Jinping have met,
Timeline: the
story of the
diplomats must begin the heavy lifting required to repair the rupture in
Doklam stand- ties over the past few months, beginning with the cancellation of the
off
Nathu La route for Kailash-Mansarovar pilgrims. Statements from China
during the stand-off indicate that it no longer recognises the gains made in
the Special Representative talks in 2012. Nor does it regard the India-Bhutan-China tri-junction
near Batang-La to have been settled. India has made it clear that it does not consider the Sikkim
boundary settled either, and both sides will have to walk swiftly to come back to some
semblance of an accord on such basic issues before they can move further. India and China must
revert to the spirit of the Border Defence Cooperation Agreement of 2013, which laid down
specific guidelines on tackling future developments along the 3,488-km boundary the two
countries share. The past two and a half months are also a lesson that India cannot be
unprepared for another Doklam, as Chief of the Army Staff Bipin Rawat said on Sunday. India
must necessarily hope for the best, and prepare for the worst, when it comes to tensions with
its northern neighbour.
EDITORIAL
Nandyal for Naidu: Andhra CM should now focus on

governance
AUGUST 29, 2017 00:15 IST
Having won a hotly contested by-election, the Andhra CM should now focus on
governance
I n the absence of a driving issue, by-elections tend to favour ruling parties. The results of
the current set of elections in Andhra Pradesh, Goa and Delhi thus held no big surprises.
While the Telugu Desam Party won in Nandyal, the Bharatiya Janata Party won both Panaji and
Valpoi in Goa, and the Aam Aadmi Party won in Bawana. In terms of political stakes, Panaji
ranked quite high with Chief Minister Manohar Parrikar among the contestants. But the
verdict was all too predictable with the voters evidently keen on giving the BJP some
breathing space in the Assembly after a tightly fought State election earlier this year. In Delhi,
the AAP made a comeback of sorts after having lost its deposit in a by-election in April. The
jump from a third-place finish to the winners slot must have provided some satisfaction for
Chief Minister Arvind Kejriwal, who is yet to reconcile himself to his partys inability to
expand beyond Delhi. Clearly, the setback in Punjab in March, where the party nursed an
ambition to come to power, does not appear to have totally sapped the AAPs enthusiasm in
Delhi.
However, the most keenly fought by-election was in Nandyal, where the main Opposition
party, the YSR Congress Party, raised the stakes considerably by calling it a referendum on the
policies of Chief Minister N. Chandrababu Naidu. Indeed, the election was seen as a contest by
proxy between Mr. Naidu and YSRCP leader Y.S. Jaganmohan Reddy. A loss thus would have
considerably eroded the moral authority of Mr. Naidu, who still has close to two years before
he faces the Assembly election. Nandyal, in the Rayalaseema region, was considered a
stronghold of the YSRCP. To add to the importance of the seat, there is a bitter history of
defection and betrayal. Nandyal was won by Bhuma Nagi Reddy on the YSRCP ticket in 2014,
but he crossed over to the TDP shortly before his death. Shilpa Mohan Reddy, the YSRCP
candidate in the by-election, had switched loyalties from the TDP. Quite expectedly, the
constituency saw a high-voltage campaign with Mr. Reddy going to the extent of saying there
was nothing wrong in shooting or hanging Mr. Naidu for his failure to keep his election
promises. The personal attacks, coming close to incitement of violence, forced the Election
Commission to intervene and rap Mr. Reddy for violation of the Model Code of Conduct. The
TDP thereafter made it a must-win fight, deploying a whole team of ministers to camp in the
constituency, as a loss would have been interpreted as a slide in its popular appeal. With the
by-election out of the way, Mr. Naidu should be able to look ahead and focus on his
development agenda without being distracted by the vitriol of his younger, relatively
inexperienced political rival.
EDITORIAL
Two medals strong: Sindhu, Saina continue Indian

badmintons dream run
AUGUST 30, 2017 00:15 IST
P.V. Sindhu and Saina Nehwal continue Indian badmintons dream run
I t was an epic final at badmintons biggest stage, and it stood out as the finest advertisement
for the womens game. Two young title aspirants battled for 110 minutes before the gold at
the World Badminton Championships in Glasgow was decided by the narrowest of margins. P.V.
Sindhu may not have come out victorious against the eventual champion, Nozomi Okuhara of
Japan, but she won more hearts for her gallant display of endurance. In doing so, she further
raised the profile of badminton and of womens sport itself in India. A silver medal for Sindhu
and a bronze for Saina Nehwal make this the most rewarding Indian campaign in the premier
championship. It was a formidable challenge that they offered going into the Glasgow
championships, and both had been seen to be in the reckoning for the gold. That challenge is
made sharper by the fact that Nehwal, the silver medallist in 2015, and Sindhu, the bronze
medallist in 2013 and 2014, have been engaged in a silent battle of their own. This rivalry is
proving to be extremely beneficial for Indian badminton, providing the nucleus for a cluster of
excellence that is vital for any sport to flourish. Sindhus latest medal, to go with the Rio
Olympics silver last year, has clearly taken her past Nehwal in terms of achievement in
badmintons two premier competitions the Olympics and the World Championships. Given
Nehwals famed never-say-die credo, she is sure to try to reclaim her status. She had carried an
injury to Rio and returned for an unavoidable knee surgery, and makes it a point to remind
everyone that her recovery is still incomplete, and that she would be back at her best in
upcoming competitions.

ALSO READ
There is, in fact, potential for further improvement in the womens game.
This past week, both Sindhu and Nehwal were tamed by the far-fitter
Okuhara. The Japanese shuttler rallied from a game down to stop Nehwal
in the semi-final, and her resurgence from 17-19 in the deciding game
Nowadays you
have to ght for
ended Sindhus quest for the title. This explains why Nehwal and Sindhu
each point, says dwelled regretfully on missed opportunities instead of celebrating their
P.V. Sindhu
unprecedented show of strength on the finals podium. Interestingly, the
two women are very different personalities. If Nehwal is driven by a
wounded pride to establish her credentials, Sindhu, at just 22, is a sunny character looking to
make the most of the time on her side, and both owe a lot to their respective coaches, U. Vimal
Kumar and Pullela Gopi Chand. Yet, their combined achievements also bring into focus the fact
that the next best woman shuttler in India is nowhere close to them in potential. Their heroics
will, hopefully, in time draw more talent to the sport, but currently the lack of other women
badminton players in their class deprives India of a fighting chance at team titles. For now,
however, it is time to celebrate these two exceptional women who have enriched the game.
EDITORIAL
Rallying together: a viable alternative must be found to the

BJP
AUGUST 30, 2017 00:15 IST
A viable alternative must be founded on more than just a shared antipathy to the BJP
N ot all political alliances increase the winning chances of the constituent parties. At the
Patna rally on Sunday called by Rashtriya Janata Dal chief Lalu Prasad, 18 Opposition
parties came together on a platform against the Bharatiya Janata Party, but not all of them can
make meaningful alliances. The vote banks of many of them are in different States, and there
is little chance of their being able to help improve the prospects of one another. The Trinamool
Congress leader and West Bengal Chief Minister, Mamata Banerjee, will gain nothing by
joining hands with the RJD, which has negligible presence outside Bihar, or the Samajwadi
Party, whose base does not extend much beyond Uttar Pradesh. Similarly, neither Mr. Prasad
nor Akhilesh Yadav of the SP has much to gain from teaming up with the Trinamool. Only the
Congress, with a nationwide presence, can hope to benefit from this coming together of
different regional parties. The Congress is a small player in West Bengal, Uttar Pradesh, and
Bihar, but its national-level ambitions will get a big boost if the Trinamool, the SP and the RJD
come together on the same platform. In the present circumstances, the Congress can emerge
as an alternative to the BJP only at the head of a coalition of regional parties. But it will have to
do a lot more than bring different parties from different regions together; it will need to stitch
together viable alliances in each State. In West Bengal, for instance, the Congress cannot hope
to tie up with both the Trinamool and the Left Front. The party might have to walk a fine
political line to keep disparate elements together at the national level.

ALSO READ
For Mr. Prasad, the rally was an opportunity to make a political
statement after being dumped by Bihar Chief Minister Nitish Kumar. It
was also an occasion to share the stage with Janata Dal (United) dissident
leader Sharad Yadav, who defied Mr. Kumar and chose to stay with the
Opposition will
have to set
grand alliance. But the fact remains that without Mr. Kumar, the grand
aside its alliance is not the same in size or shape, and cannot be expected to take
differences:
Tejashwi Yadav on the combined might of the BJP and the ruling faction of the JD(U). The
situation is not very different in Uttar Pradesh where the Congresss
alliance with the SP is not enough to best the BJP. Without Mayawati of the Bahujan Samaj
Party on board, the alliance would not gain the critical mass to fight the BJP. Whether the
Congress can indeed bring together at the national level parties opposed to one another at the
State level is doubtful. But even if it manages that feat, the real challenge will be to present a
viable national alternative to the BJP as the head of a cohesive coalition with well-defined
policies and programmes. For that, a shared antipathy to the BJP is not enough.
EDITORIAL
Pragmatic in London: on Brexit

AUGUST 31, 2017 00:15 IST
The government and main opposition in the U.K. are nally coming around to a soft
Brexit
T he Labour Partys surprise announcement that Britain should continue in the European
single market, at least for some time after the March 2019 Brexit deadline, reflects the
late dawning of realism over disengaging with the European Union. It implies an acceptance
of the principle of free movement of people from the bloc, a contentious issue that had
alienated the opposition partys core support base during the 2016 referendum. Equally
significant is the ruling Conservative Partys sudden acceptance of the possibility that the
European Court of Justice may still have a role after Britains exit from the EU. Independence
from the jurisdiction of the Luxembourg court had all along been equated with the assertion
of national sovereignty by the Leave campaign. This hard line was also the centrepiece of
Prime Minister Theresa Mays Lancaster House address in January. Foreign Secretary Boris
Johnson, a staunch Brexiter, has also made a striking departure. Last month he made news
with his go whistle comment to European leaders over Londons outstanding dues, but has
since said that as a law-abiding country Britain would indeed pay its bills. There are thus good
chances that Eurosceptics in both the parties will be further isolated within and outside
Parliament, allowing divisions between the U.K. and EU negotiating positions to be narrowed.
The bottomline for Brussels is to ensure that Britains exit does not set a precedent. A
necessary implication of this premise is that the terms of a future partnership would be vastly
inferior in comparison with the benefits of full membership. Conversely for Britain, to
conform to a set of rules and regulations without a real voice in their formulation would be far
from an ideal arrangement.

ALSO READ
This late pragmatism does not detract from the contentious round of
negotiations between the U.K. and the rest of the bloc. Brussels has, ever
since the June 2016 referendum, insisted upon adherence to a sequential
process of unwinding the long partnership. The withdrawal agreement
Brexit talks
resume in
deduced from Article 50 of the Treaty on European Union entails three
Brussels distinct elements. It includes a decision on the status of British and EU
migrants resident in their respective territories, the financial settlement
of 60-100 billion, and reconfiguration of the border between Northern
Ireland and the Republic of Ireland. Any meaningful negotiations on a future trade agreement
between the two parties hinges on a resolution of these outstanding issues. Little progress has
been achieved so far on many of these critical matters. The European Commission and some
EU member-states have expressed concern that London is not doing enough to hasten the
process. The emerging shifts in the U.K.s negotiating stance vis-a-vis the EU should be read
against this overall backdrop.
EDITORIAL
Aprs le dluge: on the Mumbai floods

AUGUST 31, 2017 00:15 IST
Mumbais ood shows the need to improve infrastructure and protocols in urban
centres
T he return of the deluge to Mumbai and the paralysis suffered by the city bring up the
question of why Indian cities are unable to improve their resilience to extreme weather
events. As the nucleus of financial activity, Mumbais losses naturally have national
implications. The flooding reduced trading volumes in the stock market, and thousands had
to stay on in their offices after the workday. All this brings back memories of the disaster of
2005 caused by over 99 cm of rainfall in a 24-hour period leaving hundreds dead. There has
been distressing loss of life this time too, but on a lower scale. Beyond the political wrangling
on bad management, such extreme weather events trigger valuable research and analysis on
developing better prediction and management systems. Researchers at the Indian Institute of
Technology in Mumbai have, for instance, provided pathways for nearly 450 sq. km of the city
to better prepare for monsoonal floods, using the worst-case scenario of a dozen years ago as
the baseline. There should naturally be an inquiry into whether the reforms proposed over
time, ranging from clearing of drainage channels and removal of encroachments to the
creation of holding ponds to temporarily store large volumes of water, gained any traction.
Over time, mangrove wetlands in the eastern fringes and drain paths in the north-west of the
city have lost much of their capacity owing to unplanned development. The latest downpour
underlines why loss of urban wetlands should be halted and compensatory lakes created.

ALSO READ
Learnings from Mumbai are important for other cities as well, to prepare
for a future in which scientists think there will be more days of short but
intense rain spells. Numerical weather prediction has consistently
improved. Researchers from IIT Gandhinagar published a forecast on
Mumbai city
marooned in
social media warning of 100 mm-plus rainfall for the region on August
the rains 29, four days ahead. These remarkably accurate models open up
possibilities for authorities to evacuate vulnerable sections early,
residents to stock up on essential supplies and disaster management
authorities to review options. Indian cities are poorly planned and managed, exposing them to
cyclical weather havoc; it is imperative that civic bodies produce flood risk maps and restrict
development in the areas. Given that monsoon flooding is inescapable, citizens and
communities need to prepare. Putting new constructions on stilts, retrofitting houses to
locate electrical installations high above, and creating a first response protocol are all
important. Introduction of insurance cover for householder losses will provide financial
protection and, crucially, require city administrations to provide professional management. If
there is a single priority that every city needs, it is to reopen the veins of natural drainage that
have been callously built over. Mumbai this year and Chennais disastrous flood of 2015
underscore that lesson.

August 2017 Hindu Editorials

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EDITORIAL

Narendra Modi's Independence Day speech: Future perfect?

Making friends: on AIADMK merger

Charlottesville violence: Trumps misstep

On rural Indias health systems: the health checklist

Son vs Bezos at Indias e-commerce market

On Kerala conversion case: Choice & conversion

T he case of Akhila/Hadiya is becoming curiouser by the day. Entrusted with adjudicating

Inquiry into Jayalalithaa's death: Politics of probe

Printable version | Aug 21, 2017 11:03:04 AM |

Missing investors: on Sahara case

Separate ways: on JD(U) split

Prison and privilege: On favourable exemptions to Sasikala

Derailed priorities: On Utkal Express derailment

Undoing injustice: On instant triple talaq verdict

B y declaring the discriminatory practice of instant triple talaq as unconstitutional, the

Fusion and fission: On AIADMK merger

Lessons from a fiasco: On NEET and T.N. medical

NEET should be made more accessible by basing it on a fresh syllabus

And the war goes on: On Trumps South Asia policy

Donald Trumps plan for Afghanistan is still too short on specics

U. S. President Donald Trumps decision to deepen the countrys military engagement

Caste and class: On OBC sub-categorisation

Sub-categorisation of OBCs feeds the BJPs recent attempts at caste-based

Citizen vs State: On right to privacy verdict

The unanimous verdict on privacy is a restatement of core constitutional principles

Lessons not learnt: On swine flu

Target Section 377: On decriminalising gay sex

The SC has laid the foundation to decriminalise consensual gay sex

Anarchy in Panchkula: Gurmeet Ram Rahim Singh's

Printable version | Aug 28, 2017 10:39:09 AM |

That old spark: Nepal Prime Ministers visit brings bilateral

Agreeing to disagree: ending the Doklam stand-off

Nandyal for Naidu: Andhra CM should now focus on

Two medals strong: Sindhu, Saina continue Indian

Rallying together: a viable alternative must be found to the

Pragmatic in London: on Brexit

Aprs le dluge: on the Mumbai floods

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