Earthquake in Sikkim :The PHOENIX opportunities of life

 The Phoenix. What a spectacular life-form this bird example is!.  It lives for a thousand years and then the cruel act of fate burns it, its nest and every trace that it ever lived.  And then from those ashes of depredation - a new life form is born to flourish for another thousand years.

Although it is a paradox that re-creation has to stand on the rubble of devastation, it is a true fact of life.  Every natural calamity - be it a tsunami, volcanic eruption, cyclone or earth-quake, brings in a similar destruction around us.  And upon that tragic circumstance stands a social responsibility and an opportunity of resurgence.

Linking this thought to Bhuj in Gujarat is something I often do.  Ten years ago when Bhuj was razed to the ground by an abominable earth quake, we saw that thousands of people lost their life and hundreds of thousands lost livelihoods.  The city crumbled under the mud and pyres  burned for days.  The sights were so ghastly that no one ever thought that Bhuj will ever stand up again under the sun and its people would breathe a life of reconstructed hope.  But just  three years of hard-work, hope, support and good governance by Gujarat Govt, Bhuj is now a modern city of convenience and comfort to its people.  It is a lesson to all of us that any destruction, however tragic it may be, is a phoenix opportunity of rebirth, re-establishment and resilience.

Sikkim is now our unfortunate fate but is nothing short of a phoenix opportunity.  The beauty of life in this picturesque State has been delivered an unfair fate by the beast of nature.  The recent earth quake in Sikkim has reminded us of what Bhuj was a decade ago.  The mounds of mud and the burning pyres of Sikkim are still telling us of the tragedy of the recent earth quake and reminding us of the unforgotten sights of Bhuj.  While our hearts are yearning for resurgence of Sikkim, it is heartening to see that the Prime Minister has offered a thousand crore rupees for the purpose of reconstruction.  But, in the existing state of political confusion in the country,it is quite possible that this largesse is diverted and misused.  What we need now is a strong commitment, good governance, transparency of expenditure and a genuine effort like the Govt of Gujarat to rebuild the Sikkim  from its phoenix fate.

Since it has been shown to be possible once, it should be possible now to turn the phoenix fate of Sikkim to phoenix opportunity of rebirth and flourish.  

V K Saxena 

President

 National Council for Civil Liberties 

Twinkle of the twilight years of service --An advise to ANNA.

 

 When the bell of time rings anywhere between 55 and 60, the senior bureaucrats, judges and officers of any prominence in public service, rise to the call and fall in line.  It is the time of retirement blues.  Soon in a couple of years, they will be out of job.  Those cars with the privileged roof lights would soon stop ferrying them.  The minions and chaperones would turn away their face and begin to serve their new masters. . The free flights, phones, cars and the whole heaven of fully paid-up life would soon grind to halt.  So will the grand opportunity of wielding power, influencing files, collecting graft and living a life of unlimited luxury at the cost the poor countrymen.

With such an abominable prospect of retirement, the sword of Damocles, hanging over the head of those in high office, they soften.  They will work to please the political masters, so that a Governorship, ambassadorial assignment, Chairmanship of some Commission, deputation to UN/World Bank/IMF or some such plum posting is bestowed to them on retirement.  They will do everything possible to please their political bosses, be it fixing a judgement, allotting a contract or taking a favourable decision, so that the post-retirement plum does not evade them.

This possibility of acquiring favour in the post-retirement phase is the twinkle of the twilight years of service.  This is  one of the root causes of corruption in public life.  This possibility of reward for being the 'old faithful' - not only corrupts the senior public servants  and judges but also burdens us with senile Governors, Ambassadors and other high functionaries, not to speak of even the Presidents of the country. Hence there must be an age limit of 70 years for one and all  i.e  for bureaucrats and judges  after retirement and even  the for polititians to hold public office.  After the age of 70 years, no one should be allowed to hold any public office. There is already a provision that no government servant  can join private company for 2 years after retirement, but it lacks appropriate implementation.  It is now pertinent that the 2 year bench-sitting is strictly implemented to weed out corruption.

Anna's advisors and the Civil Society should include the provision of age limit avoiding this deep rooted evil  , when they finalize the Jan Lokpal Bill in the Parliament.  This can be avoided by placing a total moratorium  of atleast 2 years on post retirement re-employment to high positions .  Another way is to place a time-bar on re-employment, so that those over 70  years of age are given an honourable retirement exit from public life

  A revolution normally breaks the knees of establishment and brings it down to the ground.  But it is only the just legislation and a fair opportunity of wise advise that makes the vehicle of Governance move again on its wheels.  Therefore, it is important that the best alternatives and just provisions are incorporated into the legislation in the making.

V K Saxena

President

 National Council for Civil Liberties  

Ahmedabad - 380 009 

web: www.ncclindia.org

e-mail: nccl27@hotmail.com

Nationwide outrage on corruption

Desh mein andhera hai, chirag ek jala do

Sote hue Bharat ko utho phir se utha do

Is mulk ki mitti se jisse hai nai ragbat (pyaar)

Us shaks ki hasti hi is zamane se mita do.

Karta hai tafarke (desh-drohita) ki agar baat koi toh

Ta umra rahe yaad zuban uski jala do.

                   By Justice Tej Shankar (Retd.)   

VK Saxena

President

National Council for Civil Liberties(NCCL)

Ahmedabad

Bhopal: Dead have their eyes open and the living have their eyes closed

An extremely disturbing photograph, showing the face of a child half buried after the Bhopal tragedy of 1984, is so effective because the dead child has its eyes open. 

The years 2009 , 2010 and 2011 in India have thrown up the macabre spectacle of systemic failure of not just our justice system, but our administrative complacency, political negligence and an overall state of societal dysfunction.  We have failed ourselves and nobody else.  We have proven that we only ask questions, but never answer.   

Towards the end of 2009, we realized that the Liberhan Commission took 19 years to complete its investigation on a matter that very closely represents the duality of our social fabric.  Close on its heels came the revelation that it took over 19 years for a young girl’s molester to be booked under our criminal justice system.  And we now have the first rung of justice delivered for one of the largest tragedies of our times(Bhopal Gas), after 25 years of its happening.  While the debate on the adequacy of the result of these investigations or delivery of justice is yet another matter to review, what is appalling is that as a nation, we just do not have any sense of time,  any sense of empathy for the aggrieved or any semblance of civilized outlook on human values that should normally address the suffering of fellow countrymen.

It is also very disheartening that we are witnessing the denigration of contemporary political leaders.  It was at first shocking to see that  N.D. Tiwari walking into disgrace.  Now we see the rank and file of political leadership including . Arjun Singh,  Zail Singh, PV Narasimha Rao and even  Rajiv Gandhi being mentioned as those who are part of the national shame of bestowing honour to the exit of the prime accused of Bhopal tragedy, from India.  

 We have seen how  Barrack Obama has repeated that the buck stops with him and he is responsible for solving the unfolding tragedy in the Gulf of Mexico.  On the other side of the globe in India, we are seeing how in the system, we do not see anyone who would stand up and own the responsibility.  We are witnessing a phenomenon in the nation where the political leadership tries to see itself above ‘accountability’, judiciary asserts that its role is limited, the media lives in the glory of ‘hindsight’ and the society just does not care.

The 9/11 investigations took one year to complete.  World War II investigations reached decision in two years.  The Hiroshima atomic bomb investigations were brought before the world in eleven months.  More than all, those who suffered in all these enormous tragedies began rebuilding their lives with the help of society, media, administration and political leadership within a span of two years.

We have reduced this nation to such a moral low that the dead have their eyes open and the living have their eyes closed.

V K Saxena
 President
 National Council for Civil Liberties ,
 Navrangpura, 
Ahmedabad - 380 009 Phone www.ncclindia.org e-mail: nccl27@hotmail.com

Teesta Setalvad - a river of collution

The name 'Teesta' invokes in me the pristine images of the river that springs out of the Himalayan splendour, flowing down the valleys of green purity and merging into the same expanse of water into which the holiest of our rivers debouch.  As I close my eyes in its remembrance, a calm serenity invades me.  That is 'Teesta' for me - a sublime flow of truth, which is unpolluted and 'un-colluded'.

But when I leave behind the rawness of nature and return to the harness of urban India, 'Teesta' is a different river for me.  It springs out Himalayan blunders, flows down the alleys of collusion and debouches into a ghastly pool of conspiratorial social space.  As I close my eyes in its remembrance, a violent shock pervades me.  That is 'Teesta' for you - a ruthless mix of untruth, polluted and colluded.

The origins lie in the now famous Best Bakery case following the ghastly tragedy of Godhra in 2002.  Teesta Setalvad, the more than active social activist of Citizens for Justice and Peace, a Mumbai based NGO spearheaded a movement on the post-Godhra riots and set the nation transfixed to the Best Bakery case with its prime witness Zahira Sheikh.  If there is any episode that collected more or equal TRP ratings on the Television other than 'Kyunki Saas Bhi Kabhi Bahu Thi' in the modern times in India, it is the documentaries on the 'Best Bakery case'.  Thanks to Teesta for building a huge hype around this case and raising Zahira from her own personal tragedies to the national scene of expectation and anticipation.  But it is only when Justice Pasayat , Supreme Court severely reprimanded Zahira in 2006 and declared that "this is a classic example of a case where evidences were tampered with and witnesses won over, did the colours of Teesta begin to show up.  Zahira was sentenced to an year of imprisonment for the contempt of court, but Teesta remained a free flow - however much mudslides it gathered.  However, Zahira  urged the Hon'ble Court to probe the assets of Teesta  as she had forced her to give 'wrong testimony'.

Did this account confuse you?  The story does not end at that and is not as simple as such.  It raises far too many questions than it answers.  Why did Zahira Sheikh revolt against her benefactor, how did Teesta Setalvad manage to build an army of witnesses, what resources sustained the case, what were the broad political underlines for the case and why do people prepare webs of falsehood to create perceptions that appear to be truth in the initial stages?

Mr. Hiren Jhaveri of Ahmedabad began asking some of these questions and came up with startling answers.  

Mr. Jhaveri found out that Teesta  paid a total of Rs. 12 lakhs to 14 persons who were witnesses in the 2002 riot cases.  Ten of these people received Rs. 1 lakh each while four of the rest received Rs. 50,000 each.  They were all in the form of Demand Drafts (Nos. 567540 to 567554 dated 01.08.2007),issued by Punjab and Sindh Bank , Gol Market Branch, New Delhi .  In return, the recipients returned a signed receipt, thanking Teesta  for help.But in spite of all these, if all cats have not come out of the bag yet, it is because of the ingenious ways in which Teesta colludes and flows through the valleys of social conspiracies.

All these witnesses come from poor economic background and the money paid to them is no doubt a small fortune in their empty hands.  In a nation of empty hands and hungry bellies, you don't need a river of strength to erode the honesty and subvert the loyalty.  Teesta was too strong a current to oppose for these men and women and they were carried away by the lure.  But alas! The firm banks of the Court of Supreme Justice could not be eroded or breached.
.
Yes.  Many tributaries colluded with Teesta to flow in unison on the plains of dishonesty and vested political interest.  Teesta's main course was to erode the prosperous banks of Gujarat, undermine the rock stability of its governance and subvert the minds of millions of Indians on the horizon of modern India.  The river of collution is a brazen expression of enormous power of vested interests, their reach, ramifications and endless energy to erode civility and civic liberty.  The river of collution has no hesitation to flood the corridors of justice and public life.

Teesta - the river of collution is a serpentine strength of undeterred underflow in public life.  

V,K. Saxena

President

 National Council for Civil Liberties ,

Ahmedabad - 380 009 

web: www.ncclindia.org

Kashmir: Spineless leadership and endless problems

Written on 1/10/2010

A temporary truce has been bargained, bartered, bought and begun in Kashmir.  

But in which Kashmir?  In the so called 'Indian Occupied Kashmir' - that is how the world recognizes this part.  That is the crux of Indian tragedy and national failure.  It is only our Kashmir that is recognized as disputed territory.  The Pakistan Occupied Kashmir (POK) is seldom drawn into territorial dispute.  The China Occupied Kashmir (COK) - Aksai Chin is never questioned about its ownership.  Our weak leadership, lack of foresight, fractured political wisdom and diplomatic indecisiveness have made the world bolder to the concept of 'dispute' on Kashmir.  And they all just mean the portion on which we have territorial command.

It is a diplomatic disaster that the UN Secretary General called our Kashmir a disputed territory last week.  This has ruffled the feathers of those who want to fly the 'plebiscite' kite.  Our representatives in the UN should have corrected the phrase 'disputed' to 'disturbed'.  But we have a clerical Government that has neither political strength nor the sense of perspective national responsibility.

Pakistan has recently spoken about the similarity of Kashmir to Palestine and has elevated the Kashmir tangle to the historic proportion of the Middle East. This is a new angle of diplomatic mischief, prompted solely by our inaction and irresponsibility.  It is high time that we dropped our defensive tenor about Kashmir and claimed both POK and COK as disputed - an act somewhat half-heartedly attempted by Mr. Atal Behari Vajpayee.  

The basic question that should rock the parliament is whether we should defend Kashmir by continuing to repulse Pakistani assertions OR whether we should aggressively go on offensive to thwart external aggressions, develop infrastructure, promote settlements in the manner the Israelis guard their precious lands and wage a focused war on Pakistan's dominance on Kashmir issue.  It is high time that we took up the second option.  Instead, we are talking to the parties in Kashmir that want to further fracture this piece of land, giving them an impression that we recognize the status of 'dispute'.  

It is also essential that Kashmir consciousness is spread amongst Indians the way it is spread by the Pakistani leadership amongst its citizens.  Every Pakistani cares for and revers Kashmir the way the their religious edicts are dignified.  Whereas, Kashmir consciousness is weak in Indian minds and is a remote and vague issue for a majority of our populace.  Pakistan as a nation can be aroused on the word 'Kashmir'.  But large parts of India cannot make sense of it as it has not been elevated as an issue of national integrity or psyche by the political leadership.  

In all, bringing peace within Kashmir, flushing terrorists off the lands, developing infrastructure, promoting aggressive settlements and restoring law and order are one part of the game.  What's more important is to establish a feeling in the world that we are enraged by attempts to belittle the national integrity and want to fiercely defend our interests and rights.  If a limited war is to be waged on this account, India should do so in the way any nationalist government will do in any country.  


V K Saxena 

President 

National Council for Civil Liberties 

 Ahmedabad -

Binayak: he must be given bail now . Why ?‏

Written on  14 May 2009

 To The Editor

 Indian Express

 Your edit ‘Two years on’(May 14) on Binayak Sen smacks of undue pressure on the Supreme Court when you say “he must be given bail now.” Has the Express crossed the Laxman rekha in disregarding the due process of law when Sen has been charged with serious offences? Is this not a direct interference by a newspaper in the administration of justice? 

 It must be remembered that Sen was arrested under the Chattisgarh Special Public Security Act, and the Unlawful Activities (Prevention) Act, . He has been accused of passing letters from the Maoist leader to operatives outside the jail, possession of materials that show allegiance to the outlawed group and helping rent an apartment for some of its members. These are indeed quite serious charges. Why then should a newspaper of your stature seem to put undue pressure on the judiciary by such editorials. Whether bail to Sen or not is left to the honourable judges to decide. The hearing should logically culminate into a verdict. This is what the law-abiding citizens of this nation expect from courts.

  Sen is no common undertrial – there are cases of undertrial languishing in jails for 14 years and above – and Sen has just been in jail for two years. You seem to be carried away by the character certificate of 22 Nobel laureates, a host of Indian MPs on which youpresume Sen not guilty and if this becomes a norm every culprit will bring in character certificates to influence the judiciary. This is strange coming as it does from a newspaper of your repute. Sen’s bail petition is coming for hearing this Friday. What was the need to> champion Sen’s cause with such undue haste?

 It is well known that Naxals have killed thousands of innocent policemen and civilians through brutal warfare. They are enemies of the state. Strangely you admit in your editorial that Sen’s supporters are accusing the Chattisgarh government of resorting to draconian methods. This itself proves that Sen and his supporters are sympathizers of Naxal movements. Yet, for some mysterious reason you agree with their viewpoint thereby casting aspersions on the government’s unrelenting fight against the Naxals. 

 Media trial in this country has become a Roman circus. But this is probably the first case where a newspaper has moved beyond reason to direct the Supreme Court “he must be given bail now.”  Is it not a calculated attempt by some leading TV channels and newspapers airing favourable stories/editorials against powerful law-breakers exactly two or three days before the case is slated for hearing. It was never ever expected from a newspaper of your repute.

V K Saxena

President

National Council for Civil Liberties