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IMPHAL MONDAY 10 NOVEMBER 2014
IMPHAL MONDAY
10 NOVEMBER 2014
Honourable and acceptable final settlement of Indo-Naga Peace Talk
Dr Khomdon Lisam
Today's Thought
Conscience is the inner voice that tells
us that someone may be looking.
HL Mencken.
Ettiquette of inviting the PM
No official response till date
It is official. Prime Minister Narendra Modi
is set to take part in the Hornbill Festival at
Nagaland on December 1. It is unofficial but
most likely the Prime Minister too is likely to
attend the closing day of the Sangai Festival at Imphal on November 30. An
observation based on a report from Delhi
which stated that the Prime Minister is
scheduled to visit Guwahati for the DGP conference and then proceed to Manipur and
Nagaland. The ‘unofficial’ part is based on
the same report which has so far not said
anything about the Prime Minister attending
the closing day of the Sangai Festival but
which co-incides with his visit here one day
before he is set to visit Nagaland. This much
has been spelt out clearly in the report which
was carried in a Kolkata/Guwahati daily
prominently a few days back. If Mr Modi is
here on the last day of the Sangai festival
then in all probability he will make it a point
to attend the closing day of the State level
festival here. A feather in the cap of Chief
Minister O Ibobi, by default, if one may add.
Much before any news of the Prime Minister’s
itinerary was heard here, the State Government had made it clear that an invitation
would be extended to the Prime Minister, either on the opening day of the festival on
November 21 or the closing day on November 30. From the announcement of the State
Government it became public knowledge
that the Prime Minister has indeed been invited to attend the Sangai Festival. That was
the last thing that was officially heard. No
word on whether the Prime Minister had accepted the invitation or not and it was only
a couple of days back that news was received that the Prime Minister will indeed be
visiting Manipur on November 30, as part of
his plans to visit the North East States.
No official report on whether the Prime
Minister is going to attend the Sangai Festival or not, but more than clear that he will be
here on November 30. Not yet explained but
there must surely be a reason why nothing
official has been said on the invitation to the
Prime Minister, though he has officially accepted the invitation from the Government
of Nagaland to attend the Hornbill Festival.
In the absence of anything official from the
office of the Prime Minister, it would be premature to say anything but it is nonetheless
important to keep certain things in mind. In
the first place, the importance of the Prime
Minister’s Office must be kept in mind. Invitations may be sent, but it is equally
important to keep in mind that the manner in
which the invitation is extended is not something which can be done casually. A point
borne out by the fact that Nagaland Chief
Minister TR Zeliang personally extended the
invitation to the Prime Minister at Delhi. Not
sure why such an example was not followed
here. What stopped Chief Minister O Ibobi
from personally inviting the Prime Minister ?
Inviting the Prime Minister through a third or
second party is certainly not an ideal way of
inviting the first among equals of the Lok
Sabha and Parliament.
Etc.. etc...
WHO launches new guidelines on
management of latent TB infection
Shobha Shukla, Citizen News Service (CNS)
The following treatment options are recommended for
the treatment of LTBI in the guidelines:
(i) isoniazid daily for 6 months (6H)
(ii) isoniazid daily for 9 months (9H)
(iii) the combination of rifapentine and isoniazid once a
week for 12 weeks (3HP)
(iv) the combination of rifampicin and isoniazid daily for
3-4 months (3-4HR)
(v) rifampicin alone daily for 3-4 months (3-4R)
“Currently, these are the only diagnostic tests available
though they are both weak in predicting future development
of TB among infected. Development of better diagnostic
tools should be priority for research’ said Dr Alberto
Matteelli, Medical officer from the TB/HIV and community
engagement unit.
In addition, the Guidelines Development Panel noted the
following critical issues for consideration in the implementation of these guidelines:
* Strict clinical observation and close monitoring for the
development of active TB disease among contacts of
multidrug-resistant TB (MDR-TB) cases, preferably for at
least two years over the provision of preventive treatment;
* Regular clinical monitoring of individuals receiving
treatment for latent TB through a monthly visit to the
health-care provider;
* Establishment of national TB drug resistance surveillance systems while implementing national latent TB
management services;
* Introduction of flexible interventions and incentives by
national TB programmes that are responsive to the specific
needs of population groups at risk, as well as tailored to
the local context and their needs to ensure acceptable initiation of, adherence to and completion of LTBI treatment.
* Documentation of treated individuals through a functional, routine monitoring and evaluation system that is
aligned with national patient monitoring and surveillance
systems.
* Creation of conducive policy and programmatic environment, including the promotion of universal health
coverage, development of national and local policies, standard operating procedures, as well allocation of dedicated
resources.
(To be contd)
Once Alexander, the great said “I am not afraid of an army
of lions led by a sheep; I am afraid of an army of sheep led
by a lion”. We are happy to hear that a 10-member team of
the NSCN-IM including Isak Chishi Swu, Chairman and
Thuingaleng Muivah, General Secretary is meeting the Prime
Minister of India, Shri Narendra Modi to find an honourable
and acceptable final settlement of Indo-Naga Peace Talk. The
Narendra Modi-led NDA government had appointed the
Chairman of the Joint Intelligence Committee (JIC), R N Ravi,
as the new interlocutor for talks with NSCN-IM. But it will
be too much to expect for any tangible result this time due to
absence of other stakeholders comprising of representatives of
Assam, Arunachal Pradesh and Manipur and lack of clarity
of the demands of NSCN-IM. Mr. Isak Chishi Swu, Chairman, NSCN-IM and Thuingaleng Muivah, General Secretary
are camping at Hebron since 18 October, 2012 for a “home
consultation” with various civil societies and other factions to
reach an honourable and acceptable final settlement of IndoNaga Peace Talk. On 18 Oct, 2014, Mr. Ajit Doval, National
Security Adviser said “An early and a result-oriented end to
talks with Naga insurgent group NSCN-IM is required for
restoring the rule of law in the troubled northeastern state of
Nagaland .”
We want Manipur to be a safe place for our future generations, We want Manipur to be free from communal conflicts,
communal dis-harmony and disunity. We should look forward
to a strong united Manipur which can compete with any
civilized nation of the world. We should work for solidarity
and unity of all Manipuris irrespective of political affiliations,
religions caste or creed. Manipur belongs to Nagas, Kukis,
Meiteis, and Meitei Pangans. We should not allow ourselves
to be used as pawns by an outside force to fight against each
other. To this end, Mr. Isak Chishi Swu and Thuingaleng
Muivah have great responsibilities for ensuring a peaceful
North East.
The history of Naga National movement is a long and
tragic history. The Nagas have suffered to the extreme and
have made great sacrifices to achieve Independence. We have
all the sympathies, love and admiration for such a long and
protracted struggle for independence or self determination in
which thousands of lives have been sacrificed. Some of the
remarkable events were as follows :Remarkable Events
1. In 1866, a part of the Naga Hills under the British
Indian control was coalesced into a district. In 1875, a subdivision was opened at Wokha to exercise control over the
Lhota Nagas. In 1878, it was decided to transfer the headquarters of the district to Kohima in the heart of Angamese
country.
2. In 1918, after returning of 4000 Nagas from World
War-I in France, twenty Nagas including few government
officials and leading Naga chiefs formed an organisation
known as the “Naga Club” at Kohima for promoting the
interests of the Nagas. The Club was informally supported by
local British administrators and Christian missionaries.
3. On 10th January, 1929, twenty Naga representatives
submitted a memorandum to the Simon Commission under the
Chairmanship of Sir John Simon which was boycotted by the
people of India to consider the political reforms for independence of Nagas based on “unique history of Nagas.” Under the
Government of India Act 1935 which was passed on the
recommendations of the Simon Commission the “Naga Hills
District” was declared to be treated as “Excluded Areas” on
March 3, 1935
4. On 13th November, 1941, Robert Nail Rides, Governor
of Assam announced in Shillong that “a direct British ruled
crown colony would be formed with the Kachin state of
Northwestern Burma and India’s Northeastern hill areas and
the planning is on process.” But this could not be materialized
due to “Quit India movement” launched on 8 August 1942,
by Indian National Congress leading to arrest of 100,000
persons and killing of 1000 volunteers without producing
any tangible results
5. In a memorandum presented to the British Government
in June 1945, the Naga National Council (NNC) demanded an
autonomous status for the Naga region. When the report of
the 1946 Cabinet Mission to India was published, NNC
passed a resolution on 19 June 1946 at Wokha in
Mokokchung division. It stated that it was against grouping
of Assam in Bengal, and wanted the Naga Hills District to be
included in an autonomous Assam in the independent India.
It further emphasized local autonomy for the Naga Hills
District, and a separate electorate for the Naga tribes.
6. In November 1946, Gopinath Bardoloi, the Permier of
Assam visited the district. In February 1947, the NNC council
passed a resolution at Kohima. As a result of this resolution,
on February 20, 1947, it submitted a proposal for interim
Government of Nagas, under a “Guardian Power” for a period
of ten years. They didn’t explicitly state who the “Guardian
Power” should be (Government of India or the Provincial
Government or His Majesty’s Government). In 1947, the
Bardoloi sub-committee came to Kohima for discussions with
the Naga leaders. The Bardoloi subcommittee was constituted
with Mayangnokcha Ao as a member, but he did not accept
the position. Hence, Aliba was taken in his place.
7. On 27 June, 1947, a nine point agreement was signed
between NNC and Sir, Akbar Hydari, the Governor of Assam. Within three days, the Naga public rejected Sir Hydari’s
agreement. Sir Hydari threatened the Nagas with military
might in presence of Sir Pawsey, Deputy Commissioner and
others.
8. On 16 May, 1951, a Naga plebiscite was inaugurated.
and it took six months to complete . On 29 December, 1951,
A.Z Phizo, leader of NNC informed Jawaharlal Nehru about
the verdict of the Plebiscite. The NNC claimed that 99 per cent
of the Naga people supported a referendum to secede from
India, which was summarily rejected by the government of
India .
9. On 7th August, 1952, Jawaharlal Nehru declared in the
Indian Parliament that “We want no forced marriages or
forced unions. This great republic of India is a free , voluntary, friendly and affectionate union of the States of India”.
But the examples of Kashmir, Hyderabad, Junagadh and
Manipur were neither based on free, voluntary, friendly and
affectionate union nor on non-violence.
10. On March 30, 1953, Jawaharlal Nehru with his daughter, Indira Gandhi visited Kohima along with the Burmese
Prime Minister U.Nu and was greeted with derision. This
was followed by an even more impressive “walk out” protest
by ten thousand Nagas from a meeting convened and addressed by Prime Ministers Nehru and U.Nu. A civil
disobedience campaign was launched.
11. On 25 March, 1955. the fighting with the armies of the
Government of India began in Naga hills.
12. On March 22, 1956, the N.N.C. set up its government–
the Federal Government of Nagaland (FGN) and hoisted the
republic’s flag. Within two months, it raised a standing army
called “Naga Safe Guards”. The N.N.C. activists also formed
the Naga Home Guard (NHG) and an underground Parliament called “Tatar Hoho”. The Naga government was strongly
supported by the Burmese Communist Party. It shot down an
Indian Air Force transport aircraft on a supply dropping
mission and the crew were held hostage for many years. Soon
large–scale violence erupted throughout Naga Hills .
13. On April 11, 1962, the President of India issued the
Nagaland Security Regulation, 1962, for the suppression of
subversive activities, maintenance of essential supplies and
services and control of military requirements.
14. In August 1962, Nehru moved in Parliament the Bills
for the 13th amendment of the Constitution and for the creation of the state of Nagaland. The Bill was given assent by
the President on September 4, 1962 merging Naga Hills
with Tuensang Division to create the state of Nagaland in 1963.
15. On 1 December, 1963, President Radhakrishnan inaugurated the State of Nagaland at Kohima. Mr. P. Shily Ao
became the Chief Minister and declared the occasion “a day
of rejoicing” and “the day to redeem our pledge”. The Indian
government viewed the Naga problem seriously, and declared
the N.N.C., Federal Government of Nagaland and its army
“unlawful associations” under the Unlawful Activities (Prevention) Act, 1967 on 31 August, 1972.
15. On 11 November, 1975, the “Shillong Accord” was
signed between the Government of India and the N.N.C.
Under this agreement, the NNC had agreed to accept the
solution of the Naga problem within the framework of the
Indian Constitution, abjure violence, bring out the armed men
to surrender weapons and resolve the residual problems
through discussions.
(To be contd)
Uninformed outrages won’t bring in criminal justice reform
Avinash Pandey
“Forceful sex on menopausal woman not rape-Delhi
High Court” read a news item
(title changed now though the
URL remains the same) on
one media group website.
“Delhi High Court Says
‘Forceful Sex’ Wasn’t Rape”,
cried another news outlet.
Together, the media coverage
on the case has opened the
floodgates for the ever ready
to get outraged personalities
on social media.
It is just that Delhi High
Court has not said anything
even remotely close to what
the media has reported. What
is more, most of those seething with anger appear not to
have read the judgment, easily accessible on the High
Court website.
All that the Delhi High
Court has stated, while
upturning a lower court’s
decision in the alleged rape
and murder case, is that the
evidence does not prove “beyond reasonable doubt that
the appellant committed
sexual intercourse with the
deceased contrary to her
wishes or her consent.” The
uninformed outrage both on
social and traditional media
has not even touch this most
crucial part.
No one has asked whose
job it is to prove guilt beyond
reasonable doubt?
It is certainly not that of
the Judiciary, is it? Faced
with such a situation, Indian
jurisprudence, or any sane
jurisprudence for that reason,
cannot convict without guilt
being proven beyond reasonable doubt.
No one has cared to ask
the prosecution and investigation why there was no
evidence – as it can be inferred by a thorough reading
of the judgment – other than
an autopsy report and the
exhibits collected from the
incident site.
No one amongst the outraged population has asked
whether the investigators
found a motive behind the
alleged murder. The fact that
the autopsy found the death
to have been caused by internal choking, with the accused
having no intent or even
awareness of such an eventuality, too was ignored. That
motive is often the most decisive factor in sentencing in
virtually all jurisprudence appears to be too much detail
for the outraged to handle.
The only thing scrutinised
in detail is the use of the word
“menopause”.
The section of the judgment carrying the word reads
as follows:
“As regards the offence
punishable under Section 376
IPC the deceased was aged
around 65-70 years, thus beyond the age of menopause.
We find force in the conten-
tion of the learned counsel
for the appellant that even if
the sexual intercourse was
forceful it was not forcible
and contrary to the wishes
and consent of the deceased.
From the MLC of Achey Lal
and the post-mortem of the
deceased it is evident that
both Achey Lal and deceased
had consumed alcohol. The
forceful penetration is evident from the injuries on the
vaginal orifices. However,
besides the injuries on the
vagina there is no other injury mark on the body of the
deceased or on the appellant
to show that there was any
protest by the deceased.
Hence we are of the opinion
that it has not been proved
beyond reasonable doubt that
the appellant committed
sexual intercourse with the
deceased contrary to her
wishes or her consent. Consequently the appellant is also
acquitted of the charges under Section 376 IPC. The
impugned judgment of conviction and order on sentence
are set aside.”
It is true that the bench
has not explained the use of
the term, menopause. It is
also true that the bench could
have avoided the term altogether. But, it is also clear
from the judgment itself that
the bench has not stated what
many news stories have implied. The media has picked
on the term, coupled it with a
play of words between
“forceful” and “forcible” and
cobbled together a headline
tacky enough to catch eyeballs, for which media groups
battle fiercely nowadays. This
is true in most cases – those
that stir public conscience and
those that meet with public
apathy. Unfortunately, while
the bulk of the bogey of hurt
sentiments and outraged
hearts come from rightwingers, civil society also
keeps falling prey to the
game.
Going back to the judgement, is acquitting the
accused for want of evidence
wrong? Will justice be better
served by punishing people
even if there is no evidence
against them? To put it differently, weren’t the same
people so outraged, rightfully
in that case, with the death
sentence meted out to Afzal
Guru purely on the basis of
circumstantial evidence which
did not prove the guilt beyond reasonable doubt? The
judges cannot convict a person for satisfying ‘public
conscience’ be it in Afzal
Guru’s case or this one.
It is time, perhaps, to realize that such outrages can stir
people, but justice is done in
courts on the basis of evidence, not on the basis of
public opinion. And, this is
where our police fails more
often than not. One may recall the oft-quoted Sessions
Court judgment in the
Priyadarshini Mattoo murder
case, where the judge observed that he was certain that
the accused was “the man
who committed the crime,"
but was forced to acquit the
accused for want of evidence,
lashing out at the Central
Bureau of Investigation for
its shoddy investigation. The
judgment, in fact, went to the
extent of pointing out how
the personnel of Delhi Police
helped the culprits instead of
bringing justice to the victim’s family. One may also
recall how justice was first
denied and then achieved in
the Jessica Lal murder case.
It was because of investigation that justice was served.
Sadly, reforming the
criminal justice system does
not seem to be a priority for
civil society. This is despite
the criminal justice system
often being the point of first
contact between the citizenry
and the state; this is despite
the system being the first
point of denial of justice for
citizens, especially the poor
and the marginalised ones.
Think of the shady role the
police has often been found
to play, even in sensational
cases under media gaze, and
one can presume the fate of
the voiceless masses caught
in the system. What we have
is a colonial police, often
turning into criminals – once
termed “goondas in uniforms” by Justice Anand
Narain Mulla – and not a
professional force meant for
enforcing the law.
This fact remains the biggest impediment to justice in
India and will remain so till
radical reforms are made in
the system. The reforms will
not come via such outrages,
genuine or uninformed, but
from a push from within.
Until then, one can get justice
for one Jessica Lal or
Priyadarshini Matoo but not
for the majority.
Take the recent case of
brutal murder of a Dalit family, husband, wife, and son,
in Ahmednagar, for example.
With police inaction and no
arrests even a fortnight after
the murders, Dilip Jadhav, the
brother of husband, has
threatened to immolate himself in a desperate bid to get
justice.
It is time for the civil society
to
realise
that
desperations and outrages
cannot guarantee justice.
Rather, the presence of such
outrage and anger is a testament in itself that the system
is rotten and needs to get
changed. (AHRC)
The writer is Programme
Coordinator, Right to Food
Programme, He can be contacted at samar@ahrc.asia.
The failure of the Indian imagination
Gautam Bhatia
The failure of Narendra Modi’s infrastructure plan reflects
the larger failure of the Indian imagination, a mindless enumeration of ideas that have little or no bearing on Indian
reality. When much of what is built is a half-baked imitation
of disparate items tried and tested elsewhere, it becomes hard
to fault Mr. Modi.
If the recent image of Prime Minister Narendra Modi
swinging on the jhula with Chinese President Xi Jinping was
meant to suggest a technological consensus of two great
eastern republics, it was a mistaken metaphor. China’s advances in technology and infrastructure have moved it much
beyond Indian reach, leaving Mr. Modi alone on the swing.
With no one to push, India flounders.
In fact in the standard parlance of engineering development, the Chinese have even outwitted the West. Earlier, if the
country’s geopolitical isolation had made comparisons difficult, the opening up has asserted its preeminent presence in
the new world. In allowing the world’s star architects to build
and plan the Olympic Games and the commercial structures
of Shanghai, the Chinese model is now a diligent and deliberate upscaling of western ideas. In China, roads and railways
whisk traffic across thousands of miles on flawless concrete,
and its rail system straddles some of the world’s highest
passes. Even the Hoover dam is child’s play when compared
to the Three Gorges dam. German and French engineers are
agog at the sight of such structural bravado; connectivity
across the eastern seaboard of China is being studied by
western transport planners. At one time, the industrial town
was a symbol of 19th century England, the highway of 20th
century America; now, the shiny factory assembly line is a
picture of the new China. Having outwitted most western
engineering inventions, the Chinese have even given everything a hyperbolic edge: the biggest dam, the highest rail line,
the tallest single span bridge, the longest highway, the largest
port, the greenest city. They have become better Americans
than even the Americans.
Right course of action?
But the Chinese technological thrust has always been part
of a history of persistence that came from political and economic hardship. A nation whose ethics of work and physical
labour were intrinsically linked to political ideology, Chinese
success came at a huge cost to personal freedom and a Draconian martial arts-like discipline that has had widespread
social and cultural implications. It need hardly be confused
with the exercise of a new eastern imagination. Moreover, it
would be downright ludicrous to suggest that India attempt
anything on that scale.
There are of course serious doubts whether the Chinese
model of physical development of city and countryside is in
fact the correct course of action for India. Serious differences
of perception and interpretation remain. China’s continental
size — more than three times our own — and consequently
a population density a third of India, makes the applicability
of standard urban models a real possibility there. Moreover,
Indian cities have large concentrated pockets of marginalised
population — a growing number that live off the streets in a
hand-to-mouth existence. The real qualities of Indian urbanisation are therefore closer in character to West Africa, where
similar migrations from the impoverished countryside make
African cities a makeshift melting pot of the dispossessed.
Cities like Lagos, Monrovia and Abuja and their ramshackle
unmade state are similar to Indian towns like Lucknow, Pune,
and Hyderabad — places that seem not to be governed by any
overall civic order, but appear as either planning failures, or
as temporary encampments. Without any defined sense of
public purpose, people jostle, park, sell, eat, sleep, defecate …
everything goes on everywhere.
In such a setting, the failure of Mr. Modi’s infrastructure
plan reflects the larger failure of the Indian imagination — a
desperate and mindless enumeration of ideas that have little or
no bearing on Indian reality. When much of what is built is
a half-baked imitation of disparate items tried and tested elsewhere, it becomes hard to fault Mr. Modi. So, his own
campaign begins as a national sanitation drive. Pride in the
belief of big things — like suspension bridges and high speed
rail — can come only after a classroom reprimand on cleanliness and littering. Why give people the best highway if they
are only going to defecate alongside it?
Endorsing public transport
In providing the right answers to the wrong questions,
disappointment multiplies. The failure of the Delhi metro
system for instance is not linked to its ability to respond to
the city’s growing need, but its expediency as the right means
to a wrong end. The city’s capacity to contain its residents in
active living and working neighbourhoods is continually
thwarted by encouraging them on longer and longer commutes, as the metro does. So much so, that the system itself
is reaching breaking point. Though its 12-year operation, the
metro has made regular changes to keep pace with demand.
Increase in the number of coaches, length of the platforms,
frequency of trains, the fight to stay ahead of the numbers is
a lifelong struggle. Why then in such a failing scenario, does
the government propose more metro systems in other cities:
Bengaluru, Chennai, then Jaipur and Bhopal? In the long term,
wouldn’t the Modi plan make more sense if it clearly restated
the futility of distance travel and countered the excessive
mobility that is destroying most cities?
Increasing car population similarly has rendered travel so
inefficient, traffic speeds in India are some of the slowest in
the world, Mumbai at 9 km per hour, Delhi at 7. Instead of
promoting the car industry, with ready licences to set up new
plants, the government needs to endorse both public transport
and shared private transport. At the same time it should
encourage the research and development of Indian solar/electric hybrids for buses and city trams. Brazil’s attempt at a
cheap wooden vehicle for rural transport hasn’t met with
much success, but in the search for alternatives, there is a
sincere attempt to develop an indigenous model.
(To be contd)
Courtesy: The Hindu