The modern thinking Indian

In the fight with terrorism, there is a thin line between what is justified for national security and what is a violation of human rights. Sometimes, this gets muddled up. An example is when sometime back, the UP police were shown to be shooting down a dacoit when he was coming out with hands in the air. There was a lot of protests and condemnation over the way the police shot him in cold blood. It was only when a second video was released (which showed that the dacoit had earlier offered to give himself up, but had shot the policeman who went to accept the surrender) that the reputation of the police was restored. In many cases, the police and security agencies have been accused of detaining suspects without proper records, and subjecting them to torture to get information. A law and order approach is that the police should document their arrest, and file for detention in front of the court.
One case that caused a huge amount of controversy was the Batla House case. In this case, the national capital got the news, that in a locality in South East Delhi, the police had raided a house and killed some suspects in a shootout, and in the encounter, a celebrated cop had also got killed. This was in the aftermath of the Indian Mujhaideen cases where serial bomb blasts were happening in various cities, and the Government was under huge pressure to show some progress in the case. Almost immediately, there was suspicion that this was a cooked up encounter, with certain aspects of the case causing questions.
Politicians of different hues jumped on the case, given that it involved police vs. minority issues, with even ruling party politicians jumping in to get the case investigated by all manner of agencies. The Delhi and Central Governments however stood firm on the stand that this was a genuine encounter, and the people killed were actually terrorists. Finally, in a court case, the High Court ordered an investigation by the National Human Rights Commission (something that the police still opposed). In what marks almost an end to the case, the NHRC has declared that the encounter was genuine (link to article):

National Human Rights Commission on Wednesday gave clean chit to Delhi police in Batla House encounter case. "We are clearly of the opinion that having regard to the material placed before us, it cannot be said that there has been any violation of human rights by action of the police", the NHRC said in its 30 page report on the encounter in September last year.
Encounter specialist Delhi Police Inspector M C Sharma was killed during the police action against suspected terrorists on September 19, 2008 in the aftermath of serial blasts in Batla House locality in the national capital. The court had directed the enquiry on a plea of the NGO, Act Now For Harmony and Democracy, that questioned the police version of the encounter. Two suspected Indian Mujahideen terrorists who were killed were identified as Atif Amin and Mohd Sajid. Two other IM suspects Mohd Saif and Zeeshan were arrested from the Batla House area.

This is certainly not the end of the controversy, since there was a report that some politicians and family members of the accused did not accept this report, claiming it to be false. However, the general public, which anyhow forgets things easily enough, will not remember the Batla House encounter for much longer.

Labels: Delhi, Encounter, India, Inquiry, Investigation, Murder, Police, Politics, Security, Terrorism, Violence

Airlines frequently overbook, given that there is always a number of people who will cancel, and hence there is a mathematics related to the number of people who overbook. Sometimes airlines land up in a situation whereby they find that this mathematics goes awry, and they find that there are more passengers than seats available. In such cases, the airline has to placate irate passengers, and decide who can go and who needs to be refused. Such cases typically cause a lot of unhappiness. However, it is not accepted that an airline boards more passengers than there are seats available. Even in these bad economic times, it is unacceptable to have more passengers on board than there are seats, given that these are paying passengers who have a right to proper treatment. Modern airlines have automated systems whereby boarding passes are issued which prevents extra passengers from getting loaded. However, if the airline wishes to violate such conditions, there is very little that can be done.
Further, after the terrorist incidents, the cockpits of planes are now high security zones where passengers are no longer allowed. So, if there is a case when a passenger is allowed inside the cockpit, that is against all security norms and needs to be thoroughly investigated.
We have a case, whereby all this happened. Air India, the national carrier of India, had a case whereby it was found that the airline had boarded 3 extra passengers; this case is now being investigated by the regulator, the Directorate General of Civil Aviation (DGCA). In order to ensure that this case is brought to its logical conclusion, the investigation needs to be thorough (link to article):

In these recessionary times, airlines globally are operating on half-empty seats. But Air India, which is passing through its worst ever financial crisis, is in fresh trouble for allegedly carrying extra passengers on a fully loaded flight. What adds to the irony is that the excess passengers were discovered in a probe into the aircraft's door falling apart when it started moving while attached to an aerobridge!
"Of these three, one woman passenger was accommodated in the cockpit and two others on the foldable seats where cabin crew sits during take off and landing," said sources. The DGCA can now take criminal action against AI for this violation. The cockpits in modern aircraft have three seats. While two are for the pilot and co-pilot, the third is called a jump seat which is usually vacant. Since the process of issuing boarding passes is completely computerized, the system stops generating passes once a flight is full. In this case, however, the probe has found that boarding passes were allegedly issued manually to enable the extra passengers to clear the different levels of pre-embarkation security checks.

This action by the airline was a gross violation of the air safety norms. In this case, the airline was caught because of another incident, and this fact came out during the investigation.

Labels: Airline, India, Investigation, Safety

The Mumbai terror attacks of 11/26 were a major shock for the world. Every nation fears the prospect of armed terrorists attacking civilians, and here were these 10 well armed terrorists who held the armed forces of a nation at bay for 3 days. How do you protect against terrorists who emerge from the night (from a vast coast), disperse swiftly into the night to their various pre-planned destinations, and attack civilians at will with automatic weapons and grenades. No matter what the security level, there is a more than even chance that some of them will evade detection and managed to attack. Today this happened in India, but given the ease by which the attackers managed to enter, and with some local support, the scenario is replicable to many countries which are on the cross-hairs of global terrorism.
If you read this article in TIME magazine (and I recommend reading the article), you will realize how easy it was for this youth in Pakistan to become a terrorist; there are institutions present everywhere that will feed a disgruntled person and make him feel valuable, and will then guide him on the path of taking up guns and willing to become a suicide terrorist, somebody who has no qualms about killing innocent people.

It was in Rawalpindi that Mohammad Amir Ajmal Qasab, the surviving gunman from the terrorist massacre that claimed 165 lives in Mumbai last November, took his first step toward infamy. In 2007 he visited a market stall run by Lashkar-e-Taiba (LeT), an Islamist extremist group that has been blamed for the Mumbai attacks, among others. Understand Qasab's story and you begin to understand why young men throw in their lot with Islamic extremists, why Pakistan may be the most dangerous country in the world.
In 1990, Muslims in Kashmir — the Himalayan territory that India and Pakistan have been arguing and fighting over since 1948 — rose up against Indian rule, and the mujahedin soon found a new cause. The Pakistani military used the jihadi movement, hoping that guerrilla warfare would destabilize its enemy India where conventional warfare failed. Jihadi groups in Pakistan collected donations for Kashmir. Young men signed up for training camps, where they concentrated on physical fitness and learned how to use weapons. Jihad wasn't just a diversion from ordinary life; it was a rite of passage.

When you read the article, it makes it seem so easy. Here is a person who has rebelled away from his family, fled to a city. He comes into contact with a militant group while trying to learn how to live a life of crime, and is sufficiently brain-washed and impressed that he will go in for arms training and learn how to be a terrorist. This is sufficiently scary, but when you combine this story with how it seems so easy for this to happen, how arms training happens right under the umbrella of the state and the army in Pakistan, and you start to realize the dangers. What is to stop such a similar incident happening in a country like Great Britain which has a radicalized minority among its Muslim population, and it is easy enough to plan such an attack.

Labels: 11/26, 26/11, Attack, Infrastructure, Investigation, Mumbai, Pakistan, Terrorism, Terrorist

In earlier cases such as the case dealing with Quattrochi and Bofors, or the murder case against Shibu Soren, it was pretty evident that the Congress Government at the Center was quite familiar with the idea of not treating everybody as equal before the law. If a person was needed by the Government or was close to it, it was pretty evident that the case would be weakened, or allowed to die a slow death by not fighting it as strongly as the Government would fight a case where the person facing the case was opposed to the Government. And this is not something that Governments shirk from doing, earlier Governments and State Governments also do the same thing, but they rollback when faced with pressure from the media or from the courts.
However, in the above cases and in many other cases, it was like the Government was willing to brazen out the outcry and continue with its actions; and in cases, you will see how they have succeeded. In the Bofors case, all the outcry eventually fizzled out, in the Shibu Soren case, the case was so badly weakened that the High Court let him go.
And now you have this case about the disproportionate assets of Mulayam Singh and his family. The case seems to have followed the graph of the closeness of the politician to the Congress Government. When Mulayam was distant from the Congress, the CBI followed the case as per a complaint from a Congress worker. However, when the Congress needed Mulayam to provide critical support at the time of the nuclear deal, it was pretty clear that the CBI case would start to weaken, and so it happened; the Government suddenly decided that it has re-evaluated the case and has decided not to proceed. However, the Supreme Court is not amused, and has castigated the Government and the CBI on its flip-flop:

The Supreme Court on Tuesday pulled up CBI for "acting at the behest" of the Centre in the disproportionate assets case against former Uttar Pradesh Chief Minister Mulayam Singh Yadav. "You (CBI) are acting at the behest of Central Government and the Law Ministry. You are not acting on your own," a Bench comprising Justice Altmas Kabir and Justice Cyriac Joseph said.
Amid allegations of Centre trying to bail out the former UP CM, the investigating agency replaced Additional Solicitor General Gopal Subramanium with Parasaran to represent it. The decision to replace Subramanium with Parasaran had also surprised the Bench which made it clear that it will not allow any last minute changes in counsel. However, the investigating agency during the hearing on January 6 was criticised by the Bench which had said it would not like the agency to become an instrument of the government.

This is perfect; however, when the Government of the day is not interested, then even the Supreme Court cannot ensure that the investigation is carried out properly and as per law. As a result, it becomes more difficult for other parties to believe the intentions of the Government and hurts the overall judicial and law environment in the country. It may soon come to pass that the CBI is made more distant from the control of the Government.

Labels: Congress, Corruption, Court, Governance, Investigation, Law, Politics

The prevalence of dowry in today's society is an open fact; most people see it in operation either in their own marriage, or in the marriage of their family members; or you see it on operation in the case of acquaintances. So as an example, I have seen dowry in operation in the case of a family friend where her in-laws insisted on a car as a part of the marriage (and even specified the type of car that was requested). They had accepted that this was a price to be paid for getting their daughter married (and one should fault them equally for being so desperate to get their daughter married). Of course, in all cases of dowry, the boy's side is always evaluating the value they can get for their boy and have no qualms in demanding the same.
A lot of this dowry expectation is now baked into society, and there do no seem to be any easy solutions (people giving dowry expect that this is the price they need to pay to get their daughter married, and those demanding dowry do not care that such expectations are illegal in law). To make the scale more even, the Government of India has introduced a number of laws that seek to even the scales, and empower women. However, in trying to even the scale, the laws give a lot of power to women, and in some cases, there has been misuse. There have been many reported cases where the threat of usage of such laws (and consequent police action) is used as a level to force settlements; it has been pointed out in court cases and by many pro-male organizations. And when the Chief Justice of India points this out, you can be sure that this is a deep matter of concern:

Dealing a blow to women's rights activists who have been stringently defending the Section 498A provision of the Indian Penal Code, Chief Justice of India K G Balakrishnan on Saturday said that in some cases this section — that deals with matrimonial cruelty — was being `grossly misused'. Elaborating on false cases being filed in recent times, the CJI said that relatives not involved with a matrimonial dispute were unfairly implicated. "In some cases, 498A is grossly misused,'' he said. Balakrishnan was speaking at a seminar, `Marriage laws -- issues and challenges', organised by the National Commission for Women.
The IPC section allows for immediate arrest of the husband and in-laws by the police on the basis of a woman's complaint and has been controversial.

The various laws that were supposed to empower women, even though trying to balance the scales, do not maintain the old adage of all people being equal before the law, and that everyone is presumed innocent until proved guilty. Unless the law allows for a better investigation and penalties for misuse, misuse will continue.

Labels: Discrimination, Dowry, Investigation, Judicial, Law, Police, Reform, Responsibility, Review, Welfare, Women

The scandal about Satyam just refuses to die down. There are so many questions that remain open, and there is the major feeling that even though the Central Government took quick action once Raju had come out with his confessional statement, the state Government of Andhra Pradesh is not being so open. Before Raju had made his statement, the Chief Minister, Rajshekhar Reddy had made a statement to the effect that the aborted merger was over, and people should get on with their lives. No reassurance about watching out for a company that was the star of Andhra Pradesh and employed 50,000 people. And just a few days after the Chief Minister dismissed all warnings, the Satyam Chief went ahead and wrote his confessional note. And after this, the Chief Minister had nothing to say.
Now, there are so many open questions that it seems that there are so many mysteries to resolve, and the former Satyam Chief is sitting in jail, with some police investigators getting access to him. For some arcane reason, SEBI investigators are unable to get access to Raju, currently in jail (The Andhra High Court has refused SEBI the permission to do so even though a huge amount of investor money went down the drain).
- How many employees does Satyam have ? There are multiple reports about whether it has 53,000 employees or it has a lower number of employees with contradicting statements from the board and from the public prosecutor
- How did Raju divert money away from Satyam to the extent that a software company that has a large margin is very low on money ?
- What are the exact details of the Andhra Government support to Maytas (a company also run by Raju and his family) ? It has a huge amount of Government contracts that are now in jeopardy. In fact, the contract for the Metro was so controversial that the head of Delhi Metro (Mr. Sreedharan) stepped away as a consultant with a talk about this being an unfair contract (and the Andhra Government threatened him with a defamation lawsuit).
- Why has the investigation into this huge fraud case not yet handed over to a central agency with the ability to do a financial and criminal investigation both ?
- Will the money that has been diverted away from Satyam ever be recovered ?
- What was the level of interaction between Raju and the Congress Government of Y Rajsekhar Reddy ?
- What was the exact role of the auditors given that they appear to be grossly incompetent, and maybe involved in a criminal conspiracy ?
There are so many other questions, and yet there are no good answers. The investigation is continuing, but already questions are emerging about whether this is a fair investigation, or whether this is an attempt to try and protect Raju. For a scandal that is India's largest and casts a negative impression on the overall positive India story, the investigations needs to be time-bound and very thorough.

Labels: Corruption, Economy, Finance, Fraud, Investigation, Police, Politics, Punishment, Stock Market

Corruption in the judiciary is a difficult issue for the Government and for other investigative arms such as the media to handle. The judiciary has a much higher respect that most other arms of the Government, and the judges are also armed with contempt laws that can scare most people. So it has been the stuff of rumors and whispers, this entire talk about corruption in the judiciary. It is exceedingly hard to remove a sitting judge, especially when the judges are in the higher courts. The first such case that reached the stage of Parliament was the case involving Justice Ramaswamy in 1990 (Parliament ultimately did not vote to impeach him since the Congress MP's decided to abstain).
Corruption in the judiciary takes 2 main forms - one form is when judges are accused of deciding cases based on extraneous factors or under some influence (and the related case is similar to the case in Chandigarh where a huge amount of money was delivered at the doorstep of a judge); the other case is when the judges are accused of misusing money to augment their lifestyle - consider this case where the judges misused the Provident Fund money (the hard earned money that goes towards the pension needs for workers)

The CBI has unearthed shocking details of how hard-earned provident fund savings of class III and IV employees of Ghaziabad courts were illegally spent on furniture, crockery, mobiles, gadgets, laptops, rail tickets, taxi fares and other luxury items for judges. The report shows that the district judges, who were heading the Ghaziabad judiciary during the scam period, not only made expensive purchases from the scam money, they also spent it on photography and video-recording of family functions and marriages.
The preliminary findings reflect the judges' weakness for electronic goods, especially mobile phones. "As many as 45 original bills have been seized from a Ghaziabad showroom denoting sale of many expensive electronic gadgets and appliances to various members of judiciary," the status report reveals. After a preliminary probe that tracked Asthana's mobile call details, the CBI chanced upon purchase of four laptops, miscellaneous computer peripherals including monitors, CPUs, cameras and printers. The probe was entrusted to CBI by the apex court after the UP police, which first investigated the matter, chickened out terming the task of investigating 35 judges as daunting.

The redeeming factor in this entire case has been the attitude of the Chief Justice of India who has apparently shown that he wants to try and take a much harder line of cases where judges have either been accused of corruption or of misuse. In this case as well, the CBI has been investigating the case after clearance from the CJI, and even though there are many other instances of judges feeling themselves to be above everybody else (case being where the judges refuse to let themselves come under the ambit of the RTI law), these cases of corruption are important to take to their legitimate conclusion.

Labels: Corruption, India, Investigation, Judicial, Parliament, Punishment

India has seen corporate scandals in the past, but never one of this magnitude. A software company, touted as a success story, the 4th largest software company in India and one that services around 1/3rd of the Fortune 500 companies, the events of the past one month have been a total shock. They have called into question the entire range of issues related to ethics, corporate governance, fiduciary responsibilities, professional auditing, and so on. There will be a lot more soul-searching that will happen, a lot more inspection and suspicion of other companies, search for more skeletons in the cupboard, and so on.
What has Mr. Raju brought forward. Starting from the surprise news about Satyam trying to buyout the realty companies, Maytas (run by Mr. Raju's sons), this is almost like a film story. The news about Satyam using its huge estimated surplus of more than $1.2 billion to buy companies related to the promoter (especially when the promoter held only 8% shareholding in the company) was a huge blow to all norms of corporate governance and met with huge resistance. Seeing this resistance, the company decided to roll back this proposal, but things would not stop from that point onward.
The issue kept on snow-balling, and when a popular issue comes up in the press, they can push at all areas and get more secrets out. So, questions started being asked about respected board members such as Vinod Dham as to whether they asked the right questions and acted in the interests of the shareholders. Other news started disclosing that actually the promoters had already pledged all their shares and effectively could be actually holding no stake in the company. And then the World Bank announced that in continuance of an earlier investigation, Satyam has been found to have a great many security problems with their last work (including probable sniffer tools and a data hole), and hence Satyam has been banned from further World Bank contracts. By now the independent board members had started resigning.
There was a lot of news about how attractive Satyam could be because of its huge holdings of cash and high book value vs. the value of shares, and then there were even more reports questioning whether Satyam really did hold onto these reserves.
And now, finally the CEO of Satyam has revealed all. The company was cooking its books, and once started, there was no going back, and hence the company eventually has declared reserves to be $1.5 billion more than what they actually hold.
All this came as a huge shock to the people of the country; how can such respected promoters actually commit this huge fraud, can one really believe them now when they say that they did not benefit ? What were the independent auditors (Price Waterhouse Coopers) doing when they were doing audits since 2001 ? There are already too many jokes about lawyers and accountants, so maybe this was another reason why accountants cannot be trusted. Is it possible that only a few board members and CEO knew about this, and no one else ? This was money that was supposed to be coming into the company, how can senior management (besides the promoters) claim that they did not know ? There are too many questions, and one wonders as to whether all this will really become clear ?
Now what happens ? Well, it is not like Satyam is bankrupt - it still has a large number of clients (although some of them would want to bail out), it has a huge number of people on its rolls (50,000), it is a huge part of the reputation of Hyderabad as a big IT city, and there are still institutions who hold a huge amount of the company's shares. It is difficult to let such a company go out of business, and one expects that there will be pressure to ensure that while the investigation goes on, the company is retained as a going concern. However, the US has a law where auditors and the company's management are responsible for the accounts of the company, and this is a blatant violation.

Labels: Company, Economy, Finance, Fraud, Investigation, Software

For the first time in the country, the term 'Hindu terrorist' has come into common usage. It all started with the Malegaon blasts of September 29, outside the office of SIMI where 6 people died in the explosion, and many others were injured. As it turns out, this was not a case where terrorists, inspired by the word of radical Islam, had committed the crime. While the blast is under probe, all information that has been revealed so far by the ATS, and by the press, is that this was in the nature of a retaliatory attack (retaliation for the bomb attacks carried out by terrorists inspired by radical thought). While investigation is being carried out, this incident and the investigation has already led to a huge amount of hue and cry.
For once, both the BJP and the Shiv Sena are on the defensive. One of the main accused, the Sadhavi, Pragya Singh Thakur, was apparently a fiery speaker who was capable of rousing the spirits of people; incidentally, she was also a former national executive president of the Durga Vahini, and has been shown in the same photo as Rajnath Singh and the Madhya Pradesh Chief Minister. The BJP has disowned her and her actions, claiming that this was done after she left the organization (and this part may be true). However, many constituents of the Sangh Parivaar are not happy with this and are pitching for the BJP to support the accused. The Shiv Sena is in total support of the accused (one can always consider the Shiv Sena to have a sense of irrationality in their actions).
This is where the BJP should have been a party with a difference. Having a plank of National Security would mean that the party should stand firm against anyone who indulges in matters such as riots and bomb blasts. In this case, the refusal of the party to take a firm stand against the alleged bomb plotters means that the actions of the party are similar to the actions of the Congress, Samajwadi Party and are personally very disappointing. No matter what the reason, there cannot be any justification for supporting any brand of terrorists, whether they be terrorist inspired by radical Islamic theology or Hindu terrorists inspired by some concept of revenge. The bigger worry (based on current police reports) is that a senior army officer is involved, against their duty of protecting the nation:

Public prosecutor Ajay Misar said in the court that Purohit had attended most of the meetings organised by others accused at Kashmir, Pune, Bhopal, Nashik, and Deolali. "Since he is a senior army officer, he could have been the source for the RDX used in the bomb. We also have evidence that he distributed money to several people through his organisation through cheques and cash. The financial transactions are through hawala as well," said Misar, adding, "Purohit also trained several youths in bomb making."
Those arrested also include retired Major Ramesh Upadhyay and former Durga Vahini national executive president sadhvi Pragya Singh Thakur. The ATS completed all the formalities regarding the arrest of Lt Col Purohit — the first instance of an armyman being booked for a terror act — on Tuesday evening. Purohit came in contact with Upadhyay when he was posted at Nashik as liaison unit officer. Sources said he used the Nashik stint to fraternise with the extremists in various radical Hindu outfits and to draw them into Abhinav Bharat fold.

It is incumbent to nip such attacks and planning in the bud. The country already faces enough problems from terrorists and separatists in many corners of the country without having more people join this front (and there are terrorists who are Hindu as well - the ULFA, Naxalities, and many others). The BJP and other parties should take the lead in cutting such misguided people from getting public support and that there is no sympathy for them. Else, there is no justification in the BJP blaming people for showing support for the terrorists killed in the Jamia Nagar shootout in Delhi.

Labels: Army, BJP, Congress, Hypocrisy, Investigation, Military, Police, Politics, Responsibility, Security, Terrorism, Violence

In yet another vivid depiction of the poor state of security in the country (and especially in the capital city), a bomb blast happened in the Mehrauli region of Delhi; this blast killed a young boy (he had stopped to pick up the tiffin in which the bomb was kept) and injured many more. This is shocking because of many reasons:
1. With some major bomb blasts having happened in Delhi only a fortnight back, one would have expected the security level to have been very high. However, it shows for the contempt that the bomb makers and deliverers have for the level of security in the city that a bomb was placed and exploded
2. The way in which this bomb was deployed was like the ultimate in arrogance. From reports, there were people who came in a motorcycle to a crowded street, came and dropped the bomb in broad daylight (unlike in other cases where the bombs were placed with some concealment)
3. Defensive nature of the police and Government response was apparent. There was an attempt to prevent people from feeling that all the arrests and terrorist module breaking claims of the previous weeks were not in vain - so instead the police talked about how these were not connected with the IM terrorists. It was left to the media to raise the frightening thought that if these were not the Indian Mujahideen, then how many terrorist groups were there who were planting bombs in Delhi ?
4. Within a span of a few hours, there were television crews standing on the exact spot where the bomb had exploded. I am not an expert on police methods, but I thought that securing the site of such explosions for further forensic analysis was required.
5. One wonders about the resolve of the Government to really push for anti-terrorist efforts vs. their worries about perceived loss of minority vote-banks. Here you have the Delhi Police (controlled by the center) arresting some students who belonged to Jamia Milia, and the VC of Jamia promises them legal aid (the university is also central government funded). And you have the inane comparisons being made by the Congress that Jamia has also paid for students arrested for vandalism ! Incredible, vandalism = terrorism. Next, if a Jamia student is arrested for murder, the university should also come to his aid.
6. Anti-terror laws. Enough already discussed, but every time an explosion happens, the Government says now we will go in for strict measures; then the allies remind them that Muslim votes will be affected if they go in for strict laws, and the ministers backtrack (instead of promising better safeguards)
Already, the country is not very easy to secure. We have a huge country, with a diverse set of citizens, and determined terrorists are difficult to stop. However, with lack of improper intelligence, and problems similar to what are described above, it's almost like open season for terrorism.

Labels: Congress, Governance, Intelligence, Investigation, Politics, Responsibility, Security, Terrorism

The recent attacks (bomb blasts) in Delhi that killed 10's of people seem to have finally made the Government realize how its hands are being burnt with respect to having an anti-terror law. Over the past many years, most observers have come to the realization that any policy change in India happens only for political reasons, and the same is true with respect to having a much tougher anti-terror law.
When the BJA (NDA) Government was in paper, it had brought in the tough POTA (Prevention of Terrorism Act) that curtailed many civil liberties and made it easier for the security agencies and the police to keep people in custody whom they believed were important for their investigations. It is also doubtless true that there would have been cases of misuse of this law, and such instances (and many other accusations) would be more true in the case of the Muslim community in India. Consequently, the law was soon proclaimed as against minority interests, helped by the fact that the 'anti-Muslim' BJP was in power. Any party wanting to court the Muslim vote would have to adopt a policy of anti-POTA, something that the Congress party adopted, and they quickly fulfilled this pledge after they came to power.
Fast-forward a few years, and the UPA (Congress) Government is on the mat in terms of internal security; bombs go off as if the terrorists just have to pick a place and they can cause numerous explosions, the security agencies make almost public appeals that they need a stronger law, and the Congress Home Minister (Shivraj Patil) is seen as a very weak and incompetent minister. The Congress seems to have even weathered the continuous bomb blasts in Bangalore and Ahemdabad and the many other bombs found in Surat (and many other bomb blasts earlier, including Jaipur); they were criticized and the Gujarat Chief Minister embarrassed the center by getting his police to quickly arrest some of the alleged conspirators.
However, the media by now had taken to savaging the Government's political driven need not to bring in a more enhanced anti-terror law, and it were the Delhi blasts (in open places and prominent locations) that seemed to have currently broken the political will of the Government. The Congress seems to have realized that they are being taken as weak on internal security, and for the first time, the Prime Minister seems to be talking about intelligence failures and other measures:

In the wake of continuing terror attacks in the country, the UPA government has mooted a "tougher-than-Pota" law. Although the recommendation has come from the Administrative Reforms Commission, the timing of its release — when the government is struggling to shake off a "soft on terror" tag its rivals have sought to pin to it and ahead of state polls — is seen to be loaded with significance.
Implementation of the law is not going to be easy because the Congress has not just opposed Pota, it has campaigned for its repeal. It will also have to contend with allies who remain opposed to a special anti-terror law. More crucially, special terror laws have been a fraught issue evoking strong negative vibes from the minority community, which has maintained that these have been used to frame innocents.

It is very much possible that the Government is seeking to dissipate some of the current pressures on it by talking about a law, and will slowly let all this talk slide when the situation seems to come under control, and there are non-bomb related other issues that occupy the attention of the country.
The BJP also uses the refusal of the Central Congress Government to sanction a Gujarat special anti-terrorism law based on similar lines as the current Maharashtra one. The BJP argues that the Congress is doing it for political reasons, and it really does not care about the security of the country, a trap that the Congress wants to avoid as we draw near to elections.

Labels: BJP, Congress, Intelligence, Investigation, Law, Police, Security, Terrorism

It seems like we are living in a B-grade movie about some invisible hands deciding to blow up things all over the country, and soon you have explosions happening on a regular basis in various cities over the country; and on the movie theme, the politicians the police are either involved, or are incompetent. Well, guess what, this is not a movie. Terrorists are cocking a snook at the country, and the incompetent Central Government can do nothing but mount platitudes about how 'This is a great tragedy', 'We need a central agency for terror prevention', 'These things will be properly investigated and the culprits brought to trial', and so on. You must have heard of all of these ?
And we move on. There have been so many bomb blasts that happen nowadays that we are temporarily shocked by the carnage that happens, by the inability of the police to catch these people (even when it seems that a large number of people would be involved due to the number of simultaneous blasts), and then we all forget about it. I can remember a time when the transistor bombs in Delhi buses had shaken everybody, and now we routinely get bomb attacks in which more 10's of people die, and ... we move on.
What do we see the Government doing ? Well, I am sure that the intelligence agencies will be doing something, but the fact is that, in a federal structure such as ours, there are a number of different central and state level intelligence agencies (as well as the very weak intelligence network of the police); as a result, unless there is effective coordination, things are not going to work together. And who is responsible for doing this coordination ? There are primarily 2 gentleman at different levels for this - one is the National Security Advisor (Mr. Narayanan, who is unable to stem the rot in RAW, and unable to get the Government to reform things so that people find working in the intelligence services rewarding career wise).
The other is the Home Minister - Mr. Shivraj Patil. If India had ever had a home minister who was more low-profile, and unable to make a mark, it is difficult to find one. It is during his time that we have had a massive escalation in the security problems in the country (with more bomb blasts than ever before); the enduring image of him from the time of the Gujarat blasts is of him trying to prevent his clothes from getting dirty during the rain. It was telling on the state of confidence in the central Government that the Gujrat police was the one that seemingly cracked the terrorist blast cases of Surat and Ahemdabad without much support from the center. When he is asked a pointed question about the terrorist cases, even Congressmen would not be surprised if he says stuff such 'we are investigating', 'we cannot blame others', 'current laws are fine to handle terrorist cases', or more mournfully 'we need a central agency, but the states are not cooperating'. Given the rampant misuse of the CBI by the Congress, it is not hard to see why the states do not want to trust a Central Congress Government with a central powerful anti-terrorist agency.
What is the solution ? Steps like the Deoband school declaring such bomb blasts as anti-Islamic help, and some more intense investigation with inter-agency cooperation would help to solve these immediate cases; but there is a total lack of long term steps as propounded by many experts:
1. Get beat constables to go around the neighborhoods more often
2. Make intelligence wings of the police more lucrative to join
3. Prevent politicisation of anti-terrorist efforts
4. Make safety more important (for example, today I had gone to the Lajpat Nagar market in Delhi - a fairly crowded place). In the central market, there is cordoning off and entry is only through a walk-in bomb detector gate, but the effect was gone. The gate was not working, and there were no policemen nearby. In India's crowded and culturally mixed population, it is hard to detect potential terrorists, but at least things should not be made easy for them)

Labels: Congress, Governance, Intelligence, Investigation, Police, Politics, Responsibility, Security, Terrorism

The Section 498(A) of the IPC is meant for prevention of crimes against women, something that this country has struggled with for quite some time now. If you read the actual Section, it talks about: "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine". This was meant to ensure that a woman subjected to harassment in her matrimonial home can take legal measure to protect herself. However, as with any law that favors one side of the dispute, it is subjected to misuse (and there are numerous complaints about the law being misused - refer to this link).
The main complaints against this law (from whatever I have read so far in various articles, web sites, and email) is that:
- the law has allowed the daughter-in-law to subject the entire family of her husband to its provisions
- the police do not investigate the case, but based on the complaint, have been known to drag all the accused (including elderly people and children)
So here is an update from a directive sent out by Bihar police:

There have been talks about misuse of laws relating to crime against women for quite some time now. Bihar police’s CID also admitted this when it directed all the SPs in the state to ensure proper investigation into FIRs lodged under Section 498(A) of the IPC before going in for arrest of the accused. “Sometimes such cases are framed against in-laws or others just to harass or settle old scores. Hence, the precaution against arrests,” ADG (CID) Yashwant Malhotra told TOI recently.
In his letter to district SPs, government railway police, range DIGs and zonal ADGs/IGs, Malhotra said it has been observed that in cases relating to crime against women, particularly those registered under Section 498(A) of the IPC, all the in-laws of the alleged victim are named as accused. And they are arrested without proper investigation into the case, thus marring the interests of justice.

This is actually a mixed step (in reality). One would like to think that, as per judicial and legal standards, the practice of doing an enquiry and then only proceeding against the named people is the right step. If one considers the law to be a just tool, then this is the right step.
However, there needs to be careful attention paid to the actual implementation of the law, since now proceeding on the basis of a complaint would be subject to the individual police officer of the region, and rural and semi-urban regions are known for police officers bucking under pressure, especially when the families and people involved are known / powerful.
What do people think ? Making sure that the provision is subject checks and balances is a good thing, but do people think that this could lead to a much watered down enforcement of the provisions meant to protect women ?

Labels: Court, Dowry, Family, Investigation, Judicial, Law, Morality, Police, Punishment, Security, Welfare, Women

It was a time that India has rarely seen in the past. Except for the transistor blasts in the 80's in Delhi, and then the bomb blasts that shook Bombay in 1993, the recent 3 day carnage (2 day + potential third) shook the nation and highlighted the total ease with which terrorists can destroy normal life in a city; at the same time, this also highlighted the current inability of the police and intelligence services to penetrate these terrorist groups and cells. People are worried, given that there were bombs on 3 successive days (even though the bombs did not burst in Surat); it seems that it is so easy to place bombs inside a crowded city, without people noticing, and then blow them up to cause an incredible amount of damage.
The sheer planning of the attack was a shock. This was not 1 or 2 bombs, these were numerous bombs that were placed in different parts of the city. If it was not so serious, placing bombs on top of a tree (they found such a bomb in Surat) and in many other public places takes some amount of time and effort, and the plotters were able to do so. In addition, it would seem that they did dry runs for these attacks, and again they were not detected.
The bomb making has moved away from using the RDX used in earlier bombs; now this may seem odd given that RDX is a much better explosive, but RDX leaves forensic traces, and showcases the role of Pakistan. Using common explosive, or even chemicals found in fertilizers makes it much more difficult to determine where the explosives came from, and makes post-blast investigation more difficult.
The planning for the bombs has been much more destructive; it was seen in Iraq that bombs were placed and timed such that consequent bombs would cause more damage to the panicking crowd; in the bomb blasts now, and in Jaipur earlier, the bombs were placed such that they would cause more damage by anticipating the people movement. In Jaipur, the bombs were placed in the market such that a running mob would be attacked by another bomb; in Ahmadabad, a bomb was placed in the hospital to go off sometime after the first attacks. People behind the bombs are out for maximum human life, and not deserving of any kind of 'misguided youth or citizens' talk. They need to be hunted down with the maximum ferocity.
What is the most problematic is the issue related to an almost total failure of the intelligence network. For some decades now, almost since the time of Indira Gandhi, the Intelligence Bureau has also been serving to collect information on the opposition, away from its main mission to prevent law and order issues and break-up threats to the nation and individual states. This has reached such a level that there is no incentive for skilled people to join the intelligence network; the fight between the different intelligence networks rules out much cooperation, and the various State and Central Governments could not care less. It is only at the time of such bomb attacks that they talk about preventing such attacks, only to fail again.

Labels: Congress, Governance, Intelligence, Investigation, Politics, Terrorism

The Indian police works under manuals and guides written during British times where the main aim was to protect the rulers from the ruled. Further, in urban and rural areas both, the police is also used as an extension of the power of the local political leaders; a side effect of these factors is that there is no accountability or responsibility built into the bodywork of the police force. Hence, despite having some dedicated men committed to the welfare of the country, we also have men in khakhi who pretend that the law does not apply to them. And when the Supreme Court tries to change the rules to reform the police force and apply more accountability, states believe that their freedom will be lost and oppose such measures.
It is this enhanced sense of power and no accountability that makes the police believe that it can act like these policemen did in Ahmedabad:

AHMEDABAD: Three drunk cops beat up a youth in the wee hours of Sunday because he failed to comply to the extortion demands of the policemen. Bipin Thakor, 27, a resident of Thakorvaas, Shahibaug, was whipped with the police's belt and thrashed with batons. Bipin is now in the Civil Hospital. Medicos said he has got 375 stitches in his left hand that had severe, multiple injuries in the flesh and skin. He had also suffered multiple injuries in his hand, chest, ear and neck.
When Bipin said he did not have any money, the cops body searched him and found Rs 9,200. This enraged the drunk cops. They first called him a liar and then started beating him up on the main road. The constables beaten him up with lathis and the belt that accompanies their police uniform. After a while, they left Bipin on the main road unconscious. He was later sent to the Civil Hospital by a local tea vendor.

And apparently the local police post cannot detect who these policemen were; but that is understandable; why would the police force support a citizen when it comes to one of their own. And why should policemen feel that they are entitled to extort money from citizens ? It is these kind of atrocities that will eventually force much greater accountability on the police force.

Labels: Corruption, Investigation, Law, Police, Punishment, Reform

Rape is a heinous crime, something that can cast a horrible injury on a women (both on the physical body and the psyche); it can take a long time to get over this assault. Hence, there are some harsh laws on this crime in human society, with a world wide convention that such crimes will be handled to the maximum possible allowed under the law. In India, the Supreme Court has been sensitive to the nature of this crime, in many cases relying on the sole testimony of the victim. However, such measures are subject to misuse, and one comes across such cames occasionally that introduce a feeling that one cannot take a statement for granted. Read about ladies who extort money from innocent bystanders by threatening rape:

The women used to entice passersby and then extort money from them by putting them under fear of rape allegations. The three, Heena(25), Noorjahan(26) and Rukshana(26) (names changed) were active in Delhi and NCR for the past few years, the police said.
The police carried out the arrests after their suspicions were roused by a woman's complaint in which she alleged she was raped by a person who offered her her a lift while she was returning home.
The officer added that the women used to charge anything between Rs 5,000 to Rs 10,000 for not framing the victim. If he refused to pay, the person would be taken to the police station. The women had few male accomplices who would track their movements and come to their rescue if anything went wrong.

It is the fear of getting caught in such cases that makes most people unwilling to offer help. Colleagues whom I talked to confirm that most of them will hesitate to help a single lady standing alone (even though such cases happen in low numbers, but the fear of scandal and getting caught in such major issues hampers most people). In addition, quoting of such cases when the circumstances of the rape charge is not crystal clear may allow even guilty rapists from getting away.

Labels: Community, Investigation, Law, Morality, Police, Security, Women

It is an established fact that a significant majority of money devoted to social programmes, such as the National Employment Guarantee, Anti-poverty programmes, targeted food subsidy, and many others, are heavily flawed in terms of the actual money that reach the poor. There have studies over the past, there have been admissions by the Government in the past (such as Rajiv Gandhi's famous statement made way back in 1985 about only 15% of the money reaching the intended). Money is siphoned off through middle-men, local politicians, workers, and the entrenched mafia. This has happened for a long time now, and it would seem that people have accepted this as a normal thing.
However, this should not be so. From time to time, the Government announces (mostly falsely) that there will be much greater inspection of the implementation to ensure that leakages are stopped. But more than the Government, there are social activists who are encouraging villages and the logical recipients of such aid to be more vigilant, to use laws such as RTI, and other measures such as social audits. Going against entrenched measures will lead to backlashes from those who stand to lose out their ill-gotten gains. Such is to be expected. However, it is the duty of the state to protect such audits and awareness, to provide all security measures, from policy statements by ministers at all levels and messaging through the arms of the state (babus, local politicians), and act strictly and firmly against people who seek to subvert such acts. But consider this article, and see whether the Government is doing things in the right manner:

The thousand-strong gathering at the Theological College grounds in Ranchi on June 10 had no doubts over why Lalit Mehta was killed. The 36-year-old engineer turned activist, had no personal enemies or battles. All he had done was access National Rural Employment Guarantee Act (NREGA) expenditure records for researchers verifying official records against field data. On May 14, a day before the planned Social Audit of those works, he was brutally murdered.
The NREGA has provided an entitlement for the first time. The RTI has given a tool to uncover corrupt practices. The Social Audit is a mandatory process, under the NREGA Act, giving the people a chance to establish the truth and push for change. For the first time a corrupt mafia is threatened by a legally mandated process, which looks at details and places irrefutable documentary proof in the public domain. The corrupt nexus is reacting with pre-meditated, calculated violence.

If you read the article by Aruna Roy and Nikhil Dey, this will leave you shaking in disbelief. There are incidents where the local administration (influenced no doubt by vested interests), is acting against people who are trying to create the awareness, and the Government, with all its statements for the 'aam admi', is standing still and refusing to take the measures that are subverting its own political campaigns. In the end, when people see corruption and do not see measures reaching them, they blame the political party. Does it not surprise the Congress that all these measures are not getting them political votes ?

Labels: Community, Corruption, Development, Education, Empowerment, Governance, India, Investigation, Law, Police, Policy, Politics, Reform, Review, RTI

One knows about the increased level of criminality in public life nowadays, especially when it comes to the increased nexus between politicians and criminals, and the increasing tendency of criminals (especially the musclemen variety) to try and enter the political life, so as to get a chance to 'serve the citizens of the country' !
One aspect of such a nexus is that politicians increasingly are unconcerned about the implications of their actions, and any repercussions such actions may have on them. Otherwise, how do you explain the strangeness of the act that the Uttar Pradesh minister was arrested for:

Sacked Uttar Pradesh Minister Jamuna Nishad was on Tuesday arrested by the police two days after he was charged with murder of a constable during a violent clash involving his supporters at a Maharajganj police station. Nishad was arrested while he was on his way to Chief Minister Mayawati's residence to attend a meeting.
Nishad, who was sacked by Mayawati on Sunday, was named in an FIR in connection with the killing of the constable during alleged firing by his supporters at Kotwali police station in Maharajganj. Nishad had denied his presence during the violence at the police station and also the charge that the shot was fired from his red-beaconed car.

Such things have been known to happen, and the harsh sentence handed out to the former Bihar MP Anand Mohan has not caused other politicians to resist from taking such actions. These actions need to be harshly prosecuted.

Labels: Governance, Investigation, Law, Morality, Punishment

Sometimes the doings of the Indian Government is very mysterious, and many times the doings just don't make sense. Take this example: The deportation of Pakistani human rights campaigner and former Human Rights minister as soon as he arrived at the Indira Gandhi International airport in New Delhi (back to Dubai from here he had arrived). Deportation ? You normally expect that to happen when there is a criminal involved, or if somebody arrives in the country without a visa, and you really don't want to let him inside the country. For those who do not know about the doings of Burney in recent times, here is a bit of background:
The case of Indians in Pakistani jails (and vice-versa) is an emotional issue, one that affects plenty of families on either sides, and one that both Governments deal both as a prestige issue as well as one that is supposed to be of high priority (for reference: Indian diplomats are believed to be less caring about the plight of Indian citizens in foreign jails rather than the diplomats of other countries, specially of the West). A long standing issue has been the one of Indian prisoner of wars from the 1971 war (who are supposedly still in Pakistani jails, but which every Government of Pakistan has denied, and whom Indira Gandhi did not make an all out effort to get back when she released the thousands of Pakistani prisoner of wars from the 1971 war). Another recent issue, highlighted in the media has been the cases of specific Indian prisoners in Pakistani jails, many of whom have been there for some time.
A long background, but serves to highlight the doings of Ansar Burney. He has apparently made an effort to visit jails, and taken up the case of many Indians who have been in Pakistani jails for a long time. The 2 most recent such persons in the limelight have been Kashmira Singh, and Sarabjit Singh. Burney, as the term goes, batted for both of them, and played an active role in the actual release of Kashmira Singh. He even came in for criticism when Kashmira Singh foolishly stated that he was a spy (people in Pakistani criticized him for helping in getting a spy released), but he was unfazed, and has been making statements in favor of Sarabjit Singh.
And then compare the treatment he has suddenly received on arriving in India:

Seemingly intrigued by the deportation of Pakistani human rights activist Ansar Burney on Saturday night, the Ministry of External Affairs has sought details about the action from the Ministry of Home Affairs (MHA). The MEA has asked the MHA to state why Burney, who has been fighting for the cause of Indian prisoners in Pakistan, was deported, sources said.
Burney, who came to New Delhi on Friday night to attend a conference on terrorism, was immediately sent back from the Indira Gandhi International Airport to Dubai from where he had arrived. MHA sources said the former Human Rights Minister of Pakistan was sent back because of a 'look-out notice' against him.

This is all the more surprising since Burney had only recently visited India, and met both the Home Minister, Shivraj Patil, and the Foreign Secretary; so such an action is very surprising. Could it because the new Pakistani Government did not like his actions and wanted to humiliate him and got the Indian Government to issue a look-out notice ?

Labels: Information, Investigation, Policy

It's been some time now since this case has been in court. Imagine the case where a couple is in love, being of the age when people usually fall in love. Now think about the case where the girl is from a prominent family, politically connected, and very very arrogant in their power. They have access to brute force, along with political connections, and in the past, have shown that they are very much capable of committing violence and not being the least bit concerned that there is such a thing such as law, order and justice. Further, the brother of the girl is a known bad element, with all the arrogance of power as comes from living in a setup where the exercise of power has been the case all through.
If some of you would have seen an Abhishek Bachchan movie called 'Run', it would have reminded you of the situation similar to this one; but in real life you cannot just fight your way through, and life is not a movie. This actually happened in real life, and finally led to the cutting short of a promising life on February 16, 2002 when Nitish Katara, the young man (24 at that time) was brutally killed by a hammer by Vikas Yadav (the brother) and Vishal Yadav (the cousin of the girl). They committed the murder, hid the evidence and burned the body.
In normal cases, given the police investigation conditions and the political power of the accused, the case would have ended. Except for the pressure mounted by a desperate mother who would go to any end in order to get the murderers of her son, a media that saw in these injustices (combined with the cases of Jessica Lall, Priyadarshini Mattoo) as victimisation of the middle class by the connected, and a surge of interest in making sure that these cases do not go away. And now the end result is now visible:

NEW DELHI: The night before the verdict seemed longer than usual, though she had waited six long years for justice. The nervous wait was over in a matter of minutes, as the verdict was pronounced, taking a huge load off her shoulders. Neelam Katara stood vindicated on Wednesday, with the killers of her son Nitish finally proclaimed guilty.
Neelam lost her husband a year and a half after Nitish's death and her younger son Nitin was mostly out of town for studies and work. So for her, it was a lonely battle for justice, braving threats, financial constraints and occasional ill health. However, she laughs it off when called the "lone warrior". "I have had the support of family, friends and media all through. In fact, complete strangers have called me up and visited me, saying they were with me through all that was happening. I have never been alone," she smiles.

Of course, there is a long way to go. The case will wind its way to the High Court and the Supreme Court, with the good point being that the media will also be there to ensure that no injustice happens at these points. At the same time, this case also provides a lot of lost hope to people who may face similar crimes, but in the semi-urban or rural areas where such injustices can happen and there is no media or pressure to make sure that such cases get highlighted.

Labels: Court, Family, Investigation, Judicial, Law, Nitish Katara, Punishment