India Legal: Issue: 30 September 2014

NDIA EGAL
L
STORIES THAT COUNT
Film courtrooms:
Reel vakils
September 30, 2014 `100
www.indialegalonline.com
I
The courts step in to
control rampant misuse
of the much-needed
anti-dowry laws as
weapons of vindictive
persecution
Kerala liquor law:
Bottoms down
R
N
I

N
o
.

U
P
E
N
G
/
2
0
0
7
/
2
5
7
6
3
P
o
s
t
a
l

R
e
g
d
.

N
o
.

U
P
/
G
B
D
-
1
9
7
/
2
0
1
4
-
1
6
WHO ARE THE
VICTIMS?
CBI MESS:
Directors directories
SHANTI BHUSHAN:
Facing the heat
SEX WORKERS:
Green light ahead
Lions and the law:
Rip-roaring rumpus
ALSO
11
15
48
34
60 42 56
30
HOW WILL
THE US TAME
ITS OWN
MONSTER? 68
SECTION 498A
ISLAMIC STATE
22
PLUS
Will J&K see a
Hindu CM?
The politics
of toilets
LETTER FROM THE EDITOR

ing that there are some seven eligible per-
sons waiting for this post. And tongues are
wagging that Dr Nigam enjoys this special
privilege because her daughter happens to
be married to the son of Shashi Kant
Sharma, none other than the powerful
Comptroller and Auditor General of India
(CAG), who is the nations top constitution-
ally created watchdog for keeping a vigil on
fraud, waste and mismanagement in the
government. The post is ranked along with
the judges of the Supreme Court in the
Indian order of precedence.
T
his is indeed a bizarre story. Dr
Nigam was actually given a fond,
warm official farewell on August,
2014, after she completed her second exten-
sion. Curiously, on September 1, 2014, a new
30th firman (office order 427/2014)
descended from way up high, signed by the
director (MA) of the headquarters of ESI
extending her services wef 01.09.2014 for
another year.
So where does the buck stop in this
unusual grant of what seems to be an obvi-
ous act of patronage in violation of the merit
system. Sources say that the director general
of ESI Corporation had opposed the third
extension based on the availability of eligible
candidates and consequently, according to
the babu lingo, the file was returned by the
Minister, Labor and Employment.
ROM time to time, I will carry in
this space commentaries and reve-
lations concerning irregularities in
matters of governancewhether
perceived or realthat cause con-
cern regarding the sanctity of legal and
administrative procedures. Indias last gen-
eral election was fought on the issue of pro-
bity, and Prime Minister Narendra Modi has
made it his personal mission to ensure that,
like Caesars Wife, his ministers and bureau-
crats are cleaner than a hounds tooth.
It is for this reason that matters such as
the one brought recently to my attention
bear scrutiny. It concerns repeated, ques-
tionable extensions of service granted to
Dr Renuka Nigam as Deputy Medical
Superintendant (DMS) of the Indira Gandhi
Employees State Insurance (ESI) Hospital,
in Delhi. This is a mammoth government
undertaking handling medical treatment of
those who qualify under the governments
liberal health insurance benefits. The funds
involved in handling tenders and contracts
are huge.
The DMS directly deals with these mat-
ters. It goes without saying that the post is a
plum job, a coveted assignmentand Dr
Nigam, 63, is now on her third extension in
this assignment following a series of back-
to-back extensions given to her after she
attained the prescribed retirement age of 60
years. Is this usual? Perhaps not, consider-
F
ESI AND THE
BUDDY SYSTEM
INDERJIT BADHWAR
4
September 30, 2014
such officers and given training beforehand
thereby minimizing the number of proposals
available for extension (Page 652, Swamys
Manual 2012).
The concerned department, I believe, is
defending the ESI extension on grounds of
time requirements and immediate eligibility
criteria etcetera. Personally, I do not believe
that a good officer should be retired at age
sixty. I am all for a hefty raise in the retire-
ment age so that humans are not put out to
pasture in their prime. Be that as it may, in
the current scenario, an extension results in
the denial of promotion to scores of officers
and staff down the line.
T
here is a precedent that is notewor-
thy. When a proposal for extension of
GR Nayar, former Insurance Commi-
ssioner, was forwarded in 1989a time
when that post was classified as one of the
five posts of principal officers and the gov-
ernment was appointing officers through the
Appointments Committee of the Cabinet
(ACC)the move was shot down and a per-
son in the feeder cadre with only six months
service was promoted by relaxing the period
of residency by 4 12 years.
The provisions for relaxation in the
recruitment regulations in the general side
have always been used for promoting people
in the lower cadre to stimulate vibrancy in
the functioning of the organization and not
for extension for seniors to cause stagnancy.
It is not for me to judge Dr Nigams com-
petence or integrity. But the circumstances
of her extension do raise questions about
favoritism and bending the rules to favor a
powerful official at the expense of qualified
candidates. In the US, they call this the
buddy system.
Fairly, or unfairly, fingers are being
pointed at intervention from the Prime
Ministers Office for brushing aside objec-
tion and pushing the unprecedented service
extension. I am not for a moment suggest-
ing that Modi personally intervened, or even
has the slightest knowledge of it. But thats
the perception price he must pay because of
his image as a vigilant taskmaster, running a
tight ship under an omniscient, watchful eye
on every minister and ministry.
A
nd the watchful eye, surely, must
first examine whether an extension
in service in the ESI Corporation is
a simple matter. Point of fact, it is not. The
babucracy has been careful to create an
elaborate obstacle course. The Government
of India prescribes filling a form with the
proposal. Here are its elements:
In the case of medical officers, a
Departmental Promotion Committee (DPC)
should be convened by the corporation to
consider the cases of all eligible officers. In
order to give an incumbent an extension,
the committees findings must show that all
the eligible officers in the feeder cadre are
unfit. If the officers in the cadre are eligible
for time-bound promotion, the proposal for
extension should not result in denial of pro-
motion to them.
In the case of vacancies in the general
side, the UPSC plays a role. It must convene
the DPC and find that all the eligible per-
sons in the feeder cadre are unfit for promo-
tion. The general rule is that the crucial date
of eligibility for the vacancies, which occurs
in a financial-year-based-vacancy-year, is
the preceding January 1st. But, there is no
bar to promote officers who become eligible
on that day to be considered for promotion
against vacancies that occur during the peri-
od from 01.01.2013 to 31.03.2013.
Indias Department of Personnel and
Training clearly states that a systematic
review of the officers approaching the age of
superannuation should be conducted well in
advance so that whenever necessary, suit-
able persons are selected in time to replace
editor@indialegalonline.com
5
INDIA LEGAL September 30, 2014
The circumstances of Dr Nigams extension
raises questions about favoritism and
bending the rules to suit a powerful official
at the expense of qualified candidates.
SEPTEMBER 30, 2014
CONTROVERSY
Comprised Bureau of Investigation
CBI director Ranjit Sinhas visitors diaries reveal his connections with influential
corporates named in the Coalgate and 2G scams. A probe by VISHWAS KUMAR
11
AAP leaders real face
SC excoriates senior lawyer Shanti Bhushan for a dubious attempt to
influence a case. A report by INDIA LEGAL TEAM
15
Article 498A: A litany of misuses
It was meant to provide succor to hapless women suffering abuses at the hands of
in-laws; instead, the anti-dowry law has become a tool for educated urban women
to harass men and their families. BHAVDEEP KANG and VISHWAS KUMAR
present some harrowing cases to highlight the lacunae
22
Where collegiums failed
Veteran journalist and Rajya Sabha member HK DUA criticizes
the collegium system for never laying down the criteria for appointment
of judges
MY SPACE
FOCUS
LEAD
40
VOLUME. VII ISSUE. 26
Editor-in-Chief
Inderjit Badhwar
Managing Editor
Ramesh Menon
Deputy Managing Editor
Shobha John
Senior Editor
Vishwas Kumar
Contributing Editor
Girish Nikam
Associate Editor
Meha Mathur
Deputy Editor
Prabir Biswas
Assistant Editor
Somi Das
Sub-editor
R Parvathy
Art Director
Anthony Lawrence
Senior Visualizer
Amitava Sen
Graphic Designer
Lalit Khitoliya
Photographer
Anil Shakya
News Coordinator
Kh Manglembi Devi
Production
Pawan Kumar Verma
Director (Marketing)
Raju Sarin
GM (Sales & Marketing)
Naveen Tandon-09717121002
DGM (Sales & Marketing)
Feroz Akhtar-09650052100
Marketing Associate
Ggarima Rai
OWNED BY E. N. COMMUNICATIONS PVT. LTD.
NOIDA HEAD OFFICE:
A -9, Sector-68, Gautam Buddh Nagar, NOIDA (U.P.) - 201309
Phone: +9 1-0120-2471400-432 ; Fax: + 91- 0120-2471411
e-mail: editor@indialegalonline.com
website: www.indialegalonline.com
MUMBAI OFFICE: Arshie Complex, B-3 & B4, Yari Road, Versova,
Andheri, Mumbai-400058
RANCHI OFFICE: House No. 130/C, Vidyalaya Marg, Ashoknagar,
Ranchi-834002.
LUCKNOW OFFICE: First floor, 21/32, A, West View, Tilak Marg,
Hazratganj, Lucknow-226001.
PATNA OFFICE: Sukh Vihar Apartment, West Boring Canal Road, New
Punaichak, Opposite Lalita Hotel, Patna-800023.
ALLAHABAD OFFICE: Leader Press, 9-A, Edmonston Road,
Civil Lines, Allahabad-211 001.
For advertising & subscription queries
sales@indialegalonline.com
Published by Raju Sarin on behalf of E N Communications Pvt Ltd and printed at
CIRRUS GRAPHICS Pvt Ltd., B-61, Sector-67, Noida. (UP)- 201 301 (India)
All rights reserved. Reproduction or translation in any language in whole or in part without permis-
sion is prohibited. Requests for permission should be directed to E N Communications Pvt Ltd .
Opinions of writers in the magazine are not necessarily endorsed by E N Communications Pvt Ltd .
The Publisher assumes no responsibility for the return of unsolicited material or for material lost or
damaged in transit. All correspondence should be addressed to E N Communications Pvt Ltd .
CFO
Anand Raj Singh
VP (HR & General Administration)
Lokesh C Sharma
6
September 30, 2014
Number 2 solution
Narendra Modis team has come up with
an ingenious way to woo dalits and
change electoral arithmetic in the north
Indian states of UP and Biharprovide
them toilets, writes VISHWAS KUMAR
30
42
Tipplers troubles
Kerala chief ministers decision to declare the state
partially dry has been met with widespread opposition
from several quarters. TK DEVASIA assesses the
financial and social implications of the move
SOCIETY
60 Filmy adalats
Heated arguments, incredulous
logic, dramatic monologues,
last-minute evidence and most
dramatic turn of events
JUI MUKHERJEE takes a look
at Bollywood courtroom scenes
which, howsoever unrealistic,
bring a filmy script alive
SPECIAL STORY
64
The stamp of faith
A temple near Almora sees devotees from across
the country appeal to Golu Devta for favorable
decisions in court casessubmitting their requests
on stamp paper. A report by RAMESH MENON
HUMAN INTEREST
POLITICS
A L S O
Cover Design: ANTHONY LAWRENCE
Green light for
red light areas
DIVYA A probes whether legalizing prostitution will
lower crimes against women, as well as provide a
better future for sex workers
48
R
E
G
U
L
A
R
S
Letter from the Editor ............ .........................................................4
Letters..............................................................................................8
Quote-Unquote...............................................................................9
Ringside........................................................................................10
Supreme Court ..................................................................................17
Courts................................................................................................20
Briefs .................................................................................................77
Consumer Corner..............................................................................78
Is That Legal?....................................................................................80
Wordly-wise .......................................................................................81
People ...............................................................................................82
Cover Photograph: ANIL SHAKYA
34
Mission Kashmir
The BJP has embarked upon an
ambitious mission of securing the chief
ministership in the state. Its manoeuvres vis--vis
Pakistan and separatist leaders, and its
promptness during the floods, might just win
it the day, writes VISHWAS KUMAR
Lawyers question a new
consumer bill that does
away with their need in
deciding cases .....51
Irom Sharmilas
struggle against AFSPA
and medias ignorance of
the issue....................54
The tussle between
MP and Gujarat over
Gir lions.................56
Americas Frankenstein
monster IS, and the trail
of atrocities in Iraq.68
Can a hefty
compensation sum give
back a falsely accused
person his wasted
years?...........................76
7
Please email your letters to:
editor@indialegalonline.com
Or write to us at:
India Legal, ENC Network,
A-9, Sector 68, Gautam Buddh
Nagar, Noida (UP) - 201309
Crying for attention
Your editorial Maa Ganga will test Modis
leadership (September 15, 2014) was evocative,
informative and lyrical. Developmental concerns
have tortured and maimed the river, so intrinsic
to India, its culture and traditions. Although
Narendra Modi made tall promises before
assuming power that he would free the river
from all the ills plaguing it, the progress report,
as of now, is not promising at all. If Modi can do
what the river needs, he will walk with glory in
the comity of nations.
Sandhya Gulati, Delhi
Packed with info
I enjoy reading the Supreme
Court, Courts, International
Briefs, Is that Legal? Consumer
Watch and the People pages. It
is amazing how so much of
information gets packed in.
They offer a good read when
theres paucity of time. Also, the
choice of news is very interest-
ing. Kudos to India Legal. I am
already looking forward to
reading the next issue!
Usha Raman, Chennai
Monitoring the West
I enjoyed reading the story,
Preachers Folly in the
September 15, 2014, issue. We
always admire the West above
all, especially the US, but this
story proves that the West is
not squeaky clean either. They
are equally, perhaps more
guilty, in committing gross
human right violations.
It will be good if India
Legal covers international
stories regularly to provide us a
better insight on world affairs.
Vinod Lal, Mumbai
LETTERS
www.facebook.com/indialegalmagazine
www.twitter.com/indialegalmag
Ills plaguing sports
I am happy to note that your magazine regularly
takes up issues that are of public interest.
However, it would be nice if India Legal published
corruption in sports bodies and the governments
apathy towards the development of sports,
except cricket.
The government is still sitting on the
contingents names for the Asian Games at
Incheon, South Korea, starting from September
19. As a result, India could not be part of the
Delegates Registration Meeting, so crucial for
registration of athletes to stay in the games
village It just smacks of a casual approach.
Samaresh Das, Kolkata
Save the birds
I enjoyed going through the photo essay on birds
(On the Last Flap, September 15, 2014). It is real-
ly disheartening to see exotic and regular birds
disappearing due to natural as well as man-made
reasons. I was especially shocked to read that
Indian pharmacies continue to sell Diclofenac,
which has been long banned.
I remember when I was a kid, our house
would be filled with the chirping of the adorable
sparrows, but I havent spotted one in five years!
Their silence is a wake-up call for us.
S Ramaswamy, Delhi
8
September 30, 2014
If you look at Modis
reality, quite clearly he
is anti-Muslim,
anti-Pakistan there
is no reason why we
should be treating him
like a viceroy
Former Pakistan president
Pervez Musharraf, on PM
Narendra Modis Pakistan
policy. ARY News
There is no constitutional provision
or even a statutory rule that the
senior-most judge of the Supreme
Court should be appointed as the
Chief Justice of India.
Justice Markandey Katju, on appointment of
CJIs, in his latest article
I knew that agreeing to write my
story would need me to be
completely honest, as thats the
way I have always played
the game.
Sachin Tendulkar, on
the impending release
of his autobiography
Playing It My Way.
The New Indian
Express
He made it clear in several
ways that he wasnt happy with
the fact that I was drawing
more applause.
Annapurna Devi, late Pandit Ravi
Shankars former wife, on her
popularity wrecking their marriage.
The Times of India
Who would like to stay confined
to a prison room for years?
Everyone wants to lead a happy
life and so do I. But my crusade
is of greater importance
Civil rights activist Irom Sharmila
Chanu, on whether she longed to lead
a normal life. The Times of India
Today, you can put me in a
boxing ring. I may not be able
to beat another boxer, but Ill
be able to give her a tough
fight. Ive learnt it that much.
Bollywood actress Priyanka Chopra,
on her abilities as a boxer after playing
the role of boxer Mary Kom in the
biopic film. Deccan Herald
9
QUOTE-UNQUOTE
In our state if the same
situation develops, we will
think. Nobody is
untouchable
West Bengal Chief
Minister Mamata
Banerjee, on the
possibility of the TMC
tying up with the CPM.
Chobbis Ghanta, a
Bengali channel
The world will not wait for us. We
have to run ahead of time. We
should not say in 2014 that a project
conceived in 1992 will take some
more time.
Narendra Modi, asking DRDO to deliver
projects on time. The Times of India
Our government... teaches the whole people by its example. If the government
becomes the lawbreaker, it breeds contempt for law; it invites every man to
become a law unto himself; it invites anarchy.
Judge Louis Brandeis
VERDICT
10
September 30, 2014
CONTROVERSY/
CBI director/visitor logbook
ranjit sinha is in a tight spot. influential corporate honchos meeting him
are under the scanner for coalgate and 2g scams
By Vishwas Kumar
T
HERE is more to the controversial visitors log-
book at Central Bureau of Investigation (CBI)
Director Ranjit Sinhas residence than meets the
eye. In fact, some of the visitors are indirectly
linked to the Niira Radia tapes which, four years
back, exposed the nexus between corporate lobbyists, politi-
cians, bureaucrats and journalists.
Preliminary analysis of Sinhas list reveals the names of
lobbyists and middlemen who escaped scrutiny in the Radia
tapes, as their names didnt figure in it. Among them are Tony
Jesudasan and AN Sethuraman, Anil Ambanis employees;
Deepak Talwar of Talwar and Associates, who is close to for-
mer minister Praful Patel; Shiv Babu alias Shiv Kumar, who
reportedly works for a top corporate which has interests in oil,
gas, telecom and media; and Sunil Bajaj who works for Essar.
(See Box: Roll of Dishonor)
UNDER SCRUTINY
So, why were these lobbyists meeting Sinha? The answer is
simple. The companies they work for are under CBIs probe.
In some cases, these visitors are directly under the agencys
scanner. And they obviously need help. But the Supreme
Court probe into Sinhas logbook and constant monitoring of
CBIs handling of 2G and Coalgate scams have made matters
worse for these powerful corporates. Besides the fear of get-
ting convicted and jailed, these visitors also fear losing the
vast sums of money they made through scams. The 2G
and Coalgate scams alone led to a loss of `3.76 lakh crore to
the exchequer.
Sinha, however, has defended his meetings with these lob-
byists, saying no favors were granted to them. But facts tell a
different story. Take the case of Anil Ambanis employees.
Sinhas logbook reveals that between May 2013 and August
COMPROMISED
BUREAU OF
INVESTIGATION?
11
Anil Shakya
2014, Jesudasan and Sethuraman visited
Sinhas residence 50 times in 15 months, ie,
almost every week.
Juxtapose this with Sinhas letter in April
2014 to 2G cases Special Public Prosecutor
UU Lalit (now a Supreme Court judge). It
said there was an urgent need to re-exam-
ine the charges against six accused of
Reliance ADAG (Anil Dhirubhai Ambani
Group) due to fresh evidences in the case.
The letter came at the time when the case
was in the final stage of trial, long after the
chargesheet had been filed. This shows that
there was a link between the visits to Sinhas
house and his letter.
STRANGE INTERPRETATION
Moreover, Sinha wanted a change in CBIs
fundamental premise on which it had built a
case against those accused in the 2G scam.
His letter argued that Clause 8 of USAL
(Unified Access Service License) guidelines
should apply only to licenses companies and
not to the applicants. Clause 8 states that no
single company or legal person, either direct-
ly or through its associates, shall have sub-
stantial equity (10 percent or more) holding
in more than one licensee company in the
same service area.
Since Reliance Telecom was already hold-
ing several telecom licenses, the CBI found
that it had violated USALs Clause 8 by hav-
ing substantial control (more than 10
percent) in Swan Telecom, one of the many
AN Sethuraman & Tony
Jesudasan: Corporate
lobbyists with Reliance ADAG.
Their colleagues are involved in
the 2G scam.
Ashok Agarwal: Indian
Revenue Service officer probed
by the CBI, when he served in
the Enforcement Directorate, for
allegedly implicating several big
businessmen. After a long
suspension, he is back in the
job, facilitated by CBIs change
in stand.
Moin Qureshi: Meat exporter
who is being probed by the IT
Department for Hawala deals.
His links with former CBI
Director Amar Pratap Singh
came to light during this probe.
He is known to an influential
corporate lobbyist.
Deepak Talwar: Corporate
lobbyist named by CBI in one of
its preliminary enquiries in the
Niira Radia case.
Sunil Bajaj: Corporate lobbyist
working for ESSAR group.
Ruia: Could be a member of
the Ruia family that owns Essar
group. Involved in 2G scam.
Anil Bhalla: A close associate
of Abhey Oswal, a close relative
of Navin Jindal. Several of
Jindals companies are under
CBI probe in the coal scam.
Shiv Babu: Corporate lobbyist
connected to a top corporate
with interests in oil, gas, telecom
and media.
Nahata: Could be Mahendra
Nahata, owner of HFCL. He sold
HFCL Infotel to Mukesh Ambani.
Subodh Kant Sahay: Former
cabinet minister in the UPA
government. His brothers
company is a beneficiary of coal
blocks.
Devender Darda: Son of
Congress MP Rajendra Darda,
who is charge-sheeted in one of
the coal cases.
Rajendra Darda: Congress MP
who was probed in the coal
scam.
KD Singh: TMC MP and owner
of Alchemist Group. The IT
Department recently raided his
companies and the Enforcement
Directorate too is examining it.
Dr Ketan Desai: Former
president of the Medical Council
of India; was probed by CBI in
corruption cases.
Vinay Saigal and Sandeep
Saigal: Vinay runs an export
firm and Sandeep is a customs
clearing house agent.
Pravesh Jain: A promoter of
Paras Dyes and Chemicals.
Shailendra Pratap Singh:
Corporate lobbyist working for
several companies.
Mithlesh Jha: A retired junior
engineer, who is said to be a
close relative of an influential
bureaucrat working in the
Ministry of Finance.
Rajshekhar Reddy: Could not
be identified.
Shiv Pal: Identity not known.
Honored guests?
Names in the logbook of CBI
director Ranjit Sinha
12
September 30, 2014
CONTROVERSY/
Anil Shakya
DUBIOUS NEXUS
(Facing page) CBI director
Ranjit Sinha, whose
visitors logbook has
kicked off the probe;
(above) former cabinet
minister Subodh Kant
Sahay, whose brother is a
beneficiary in coal allot-
ments and whose name
figures in the
logbook; UU Lalit, special
public prosecutor in the
2G scam, who objected to
Sinhas stand
successful companies that had obtained a 2G
license during the tenure of former Telecom
Minister A Raja. In Reliances case, the appli-
cant was DB Realty owner Shahid Balwas
company, Swan Telecom. And as per Sinhas
argument, if Clause 8 didnt apply to Swan,
the entire case against Balwa and Reliance
would collapse. However, Sinhas interpreta-
tion of Clause 8 of USAL will not be limited
only to Ambanis company officials. It can be
used by other accused companies, which
have similarly flouted the clause. It could
stall the entire trial at the final stage.
Lalit, who was appointed by the SC to
assist the CBI in court, strongly objected to
Sinhas suggestions. In a letter to Sinha, he
wrote that the draft (letter) sent by the CBI
is tantamount to weakening the case. The SC
has now taken the letters exchanged between
Sinha and Lalit and is examining them in the
wake of the fresh controversy which has
erupted over the logbook.
CBI OVERRULED
Similarly, in the Coalgate probe, Sinha want-
ed to close the case against 14 companies
which were beneficiaries of 64 coal blocks
allocated by the government. All these coal
blocks, as per the Comptroller and Auditor
General, were given by the government to
companies at throwaway prices without fol-
lowing the auction process. Following
protests from PIL petitioners in the case, the
SC took an unprecedented step and referred
these cases to the Central Vigilance
Commission (CVC).
The CVC overruled CBIs conclusions and
said that all these cases need to be probed
and a criminal case registered. The SC agreed
with the CVC, casting further aspersions on
Sinhas leadership.
Meanwhile, one of the petitioners in the
Coalgate case, Prashant Bhushan (he is also
a petitioner in the 2G case), recently
demanded that Sinha be removed from the
Coalgate probe. He had also asked the SC to
examine Sinhas list of visitors and find out if
there was any nexus between him and these
14 companies.
Meanwhile, Sinha has claimed that the
logbook was unauthorized and riddled with
inconsistencies. He also denied the frequency
of meetings, but accepted that he had met
the visitors at his official residence at 2
Janpath, New Delhi. The SC on September 9
asked Sinhas lawyer, Vikas Singh, to file a
detailed affidavit within 10 days on the alle-
gations of influencing the probes being car-
ried out on its directions in the 2G and
Coalgate cases.
SILENT GOVERNMENT
Sinhas alleged hobnobbing with corporate
entities that his organization was investigat-
ing has shocked many. It has also put the
Modi government in a tight spot.
Sharad Yadav, president of the Janata
13
Anil Shakya
Dal United accused Sinha of running a gang
of corrupt officers. He also questioned why
the Modi government was silent though it
had been elected on an anti-corruption
plank? Why has the government not sus-
pended this man (Sinha)? No director has
harmed the CBI as much as he has. Arrest
him, suspend him but do something, Yadav
said, claiming he had in his possession, doc-
uments which would nail Sinhas involve-
ment in corrupt practices.
Yadav said a naked dance of corruption
was happening right under the nose of the
government. Earlier, Bhushan, too, had writ-
ten a letter to Prime Minister Narendra Modi
demanding action against Sinha.
The government, however, is moving cau-
tiously in this case. Sinha had already come
under fire for giving a clean chit to Modis
close aide Amit Shah in the Ishrat Jehan
case. Moreover, the government is handi-
capped due to an earlier judgment of the SC,
which gave the CBI director a fixed term of
two years. While this was done to protect the
director from any extraneous influences
while carrying out sensitive probes against
the government, he can be removed in excep-
tional circumstances. The government
would, therefore, prefer to wait for the SCs
decision in this case.
However, there are reports that the gov-
ernment may ask the CBI director to proceed
on leave till the matter is disposed off.
Another option is to ask him to voluntarily
recuse himself from both the Coalgate and
2G scams. Sinha, incidentally, still has three
months in office before he retires on
December 3.
Ironically, it was the SCs own decision in
the Vineet Narain case in 2003 that has
come back to haunt it. It freed the caged
parrot (as the CBI was described by the
judge) and gave it financial and administra-
tive authority. Similarly, last year, Bhushan
had objected to the governments move to
include Delhi Police Commissioner Neeraj
Kumar in the list of probable candidates for
the post of CBI director. He brought on friv-
olous charges and thus, facilitated the
appointment of Ranjit Sinha.
DIN OVER DEALS
(Clockwise from top left)
Prashant Bhushan wants a
probe into Sinhas dealings;
JD (U) leader Sharad Yadav
questions Modis silence on
the issue; and Ketan Desai,
former president, Medical
Council of India, being probed
in corruption cases, was one
of Sinhas visitors
The Supreme Court probe into Sinhas
logbook and constant monitoring of CBIs
handling of 2G and Coalgate scams have
made matters worse for powerful corporates.
14
September 30, 2014
CONTROVERSY/
IL
Anil Shakya
RARE
REPROACH
the senior advocate was pulled up
by an apex court bench for trying to
force one of the judges to recuse
himself from a case
By India Legal Team
I
N a surprising development, a champion against
corruption was given a rap on the knuckles by a
Supreme Court (SC) bench, for being motivated by
the wealth of his client and forgetting his duties to
the court. Senior advocate Shanti Bhushan was
pulled up by Justices Arun Tandon and Arvind Kumar
Mishra for trying to intimidate one of them to recuse himself
from a case which Bhushan was representing. This is signifi-
cant as Bhushan, along with his son Prashant, have been
torchbearers in the fight against corruption. Besides, the for-
mer law minister is a patron of the Aam Aadmi Party.
EMBARRASSING INDICTMENT
The benchs scathing indictment said: A senior seasoned
advocate should not reflect uncertainty in his accomplish-
ments by adopting a sharp practice like deliberately intimi-
dating a judge to recuse himself through a theatrical per-
formance encouraged only by the purse of his client as
against his true obligations towards the court and society at
large, where he keeps preaching all the time about the mal-
adies of a corrupt mind. He should not appear hypocritical by
pretending to go to heroic lengths in the devilish interests of
his clients. He should not allow his rationality and objectivity
to be overtaken with the aid of aggression and intolerance.
The case involved the appointment of one Arun Kumar
Mishra to the Uttar Pradesh State Industrial Development
Corporation Ltd (UPSIDC). He was being represented by
Bhushan, one among the other advocates before him. This
Photos: Anil Shakya
FOCUS/
fraud case/shanti bhushan
15
heard by some other bench. The application
was rejected for being thoroughly improper
and lacking in substance. On February 21,
the matter again came up before the bench,
but was filed by another counsel, Siddhartha
Singh. But after he saw the contents of the
earlier application and the order of the chief
justice, he himself withdrew the petition. But
a new set of counsels came to the fore, Kartik
Seth and Anoop Trivedi. As records had not
been produced by the university concerned,
the vice-chancellor was asked to come to
court. Realizing that his goose was cooked,
Mishra apologized and said the February 21
application was an ill-advised one. This plea
was placed before court after Shanti
Bhushan was engaged as Mishras counsel.
However, on March 11, 2014, Bhushan
filed an application stating that he wanted
one of the judges of the bench, Arun Tandon,
to recuse himself from the case. He went so
far as to file a personal affidavit to support
the recuse application. The bench rejected
Bhushans request.
But what irked the court was Bhushans
absence from court. It said: He did not have
the courage to press the application before
the court and conveniently avoided attending
court proceedings after sometime. The court
made it clear that it was not personally inter-
ested in the hearing of any particular case.
The oath of the office commands us to do
justice without fear or favor, it said. We hold
this recusal application is motivated with a
purpose to avoid this court...It is, hereby,
rejected.
The activism by courts in recent years was
also evident when it clearly stated: The
court will not hesitate to do whatever is
within its lawful powers to protect the inde-
pendence of the judicial system of this coun-
try, failing which the entire legal system
would be brought to its knees. We have no
doubt that better sense shall prevail and
counsels shall keep in mind that, for a
democracy to work, independence of judici-
ary is utmost and any attempt to browbeat
the court can never be in the larger interest of
a democracy.
This was indeed a nasty judicial cut on the
so-called champions against corruption.
DOUBLE-FACED?
Shanti Bhushan (extreme
right) at a meeting with
Anna Hazare and Arvind
Kejriwal in June 2011
FOCUS/
fraud case/shanti bhushan
The case involved the appointment of Arun
Kumar Mishra to UPSIDC. He was
represented by Bhushan, who even filed a
personal affidavit for the recusal application.
appointment was challenged by one Anil
Kumar Verma, who filed a case against
UPSIDC and four others, including Arun
Kumar Mishra.
On January 29, 2014, the high school
marksheet and examination certificate of
Mishra (Respondent 3) were produced
before a division bench of the SC. But he was
asked to produce the original cross list of the
high school examination of 1976 with refer-
ence to the roll number. At the same time,
Awadh University, from where Mishra grad-
uated, was asked to produce the cross list of
the B Tech examination for 1983. The hear-
ing was posted for February 5, 2014.
But from the time the case started, Mishra
and his advocates tried to get the case heard
through some other bench as they felt the
present one was not favorable to them. The
sequence of events shows how persistent
Mishra was.
DELAYING TACTICS
On February 12, 2014, Mishras first advo-
cate, Shishir Prakash, made an application
before the chief justice that the petition be IL
16
September 30, 2014
S
uspended BCCI
president
N Srinivasan is
rather thick-skinned.
He asked the Supreme
Court that he be given
back his post, as the
Mukul Mudgal
Committee, probing
spot fixing and betting
controversy in IPL
2013, was taking too
much time to wind up
its report. But this did
not cut ice with the
Supreme Court.
Srinivasan pleaded
that he needed to be in
the chair for signing
the accounts as BCCI
elections were round
the corner.
Turning down his
request, a two-judge
bench felt that
Srinivasans job at
hand was not that
critical for the court to
reinstate him, and he
needed to wait till
absolved of all charges
by the panel.
The bench,
censuring the panel,
asked it to complete
the probe as quickly as
possible. It extended
its tenure by two
months. Srinivasan
was forced to step
down as BCCI
president in March.
No to Srinivasan
Illustrations: Udayshankar
A
fter Narendra
Modis insistence
on fast-track
courts to decide criminal
cases against politicians,
and the Supreme Courts
contention that such cases
cant be separated from
others in the same
category, the ball is back
in the centers court.
A five-judge bench,
while dealing with a PIL
seeking removal of
chargesheeted ministers,
has put the onus on the
prime minister or chief
ministers not to include
tainted MPs or MLAs,
against whom charges
have been framed by a
trail court in a criminal or
corruption case, as
ministers. As a trustee of
the constitution, the prime
minister was expected to
uphold its propriety, the
bench said.
As of now, there is no
constitutional provision
that debars the entry of
immoral politicians on the
list of ministers. But the
court refrained from
adding a disqualification
clause to Article 75, and
left it to the wisdom of the
prime minister or chief
ministers to exercise their
discretion on the matter
for upholding morality and
good governance.
Onus on center
SUPREME COURT
17
SUPREME COURT
Now it is armys turn
T
he full-blown
controversy over the
2011 Jorhat dacoity
incident that had almost
halted Dalbir Singh Suhags
(now army chief ) elevation
as head of the armys
eastern command is back in
the limelight. The Supreme
Court, while taking up a
petition from Renu Gogoi,
roped in the Ministry of
Defense, Assam govern-
ment, army headquarters,
Suhag and the CBI as par-
ties to the whole affair. It
also sought responses from
the center and Assam gov-
ernment on the PILs
demand for a CBI inquiry
into the purported crime.
The alleged robbery took
place at Gogois house in
Jorhat, Assam, on
December 21, 2011, under
the so-called intelligence
operation by the Armys 3
Corps Intelligence and
Surveillance Unit. The PIL
pointed out that no action
was taken after an FIR was
filed by Renus husband
after cash and valuables
worth several lakhs were
allegedly looted. It pleaded
action against senior
officers, Eastern Command,
at that time, including
General Suhag, who was
then the head of GOC 3
Corps, for interfering in
probe to shield the guilty.
T
he apex court was faced
with a strange situation
recently: breaking of
decorum by advocates while
putting forth their arguments
on the National Judicial
Appointments Commission
Bill. They tried to attract the
attention of the concerned bench
by speaking out of turn and
being too loud and provocative
while expressing their points of
view. Things came to such a pass
that the three-judge bench stated
that probably it was time the
apex court started a course on
basic etiquette in courts.
A case
for correct
behavior
18
September 30, 2014
THE armys so-called strict and fair court martial
process came under the scrutiny of the Supreme
Court. It took a dim view of the fact that the army
had let off senior army officers involved in illegal
selling of weapons with just a reprimand or a paltry
fine, while dismissing cadets for unruly behavior.
The apex court pointed out the systemic pitfalls
while hearing a 2007 PIL that alleged that a
weapons racket was managed by some army officers
of the South Western Command in the border
districts of Rajasthan.
Aghast at the casual way such a scam was
handled, a two-judge bench berated the center and
the army, and asked the government to explain
within two weeks why such cases should not be
looked afresh to hand out harsher punishment.
For a fair trial
WHILE the media claims it must go the whole hog
in covering criminal incidents and related court
proceedings under the right to freedom of speech
and expression, the accused take objections that
unbridled reporting damages their reputation and
infringes upon their right to privacy. Lost in this din
are the rights of victims.
The Supreme Court took up cudgels on behalf of
victims who are often at various risks due to the
unrestricted flow of information in the public
domain. A two-judge bench asked the center, states
and UTs to share their regulatory mechanisms,
whether existing or proposed, within six weeks, so
that it could figure out the grey areas and frame
laws accordingly.
Fighting for victims
THOSE who disapprove of capital punishment will
be gladdened by the Supreme Court considerably
narrowing down the scope of death penalty.
A five-judge constitution bench, in a majority
view, ruled that those sentenced to death can seek a
review of the judgment from a three-judge bench
(as opposed to two-judge bench earlier), and the
proceedings will take place in an open court, unlike
in the judges chamber before (without hearing out
the petitioners lawyers).
The phenomenal judgment is premised on the
need to ensure that the trial is just, fair and
reasonable, and to rectify errors, if any, that may
have influenced the initial judgment.
Another chance to life
J
ustice HL Dattu will take over from Justice RM
Lodha as the 42nd chief justice of India from
September 28, 2014. He will remain in office for 14
months and retire on December 2, 2015. Justice Lodha
will retire on September 27, 2014. Dattu joined the
Supreme Court as a judge in December 2008.
Dattu appointed
next CJI
P
ublic Interest
Litigations (PILs) are
a remarkable tool for
seeking justice from the
judiciary on issues that
affect the public at large.
But it has its pitfalls.
There have been many
occasions when frivolous
and irresponsible PILs have
attracted the courts
attention. Petitioners have
gone to court for all other
reasons than public
interest. One such person,
who is a regular petitioner
and an advocate, was in a
spot after he himself argued
on his PIL, dressed as a
lawyer, seeking the apex
courts direction to the
center to find out where
Subhas Chandra Bose was.
A three-judge bench
promptly dismissed the PIL
and slapped a fine of `one
lakh on him for wasting the
courts time on a hopeless
and frivolous plea. It even
gave a dressing down to the
advocate for breaking rules
by appearing in a lawyers
uniform, when he was
petitioner in person.
However, it reduced the
amount to `50,000 after the
petitioner admitted his guilt
and pleaded for mercy.
No trivial PILs please
19
T
he Ghaziabad sessions court had
issued a death warrant against
Surinder Koli, who was involved
in the Nithari serial murders. However,
he seems to have found a temporary
reprieve as of now, since the date of death
sentence, originally fixed for September
12, has now been deferred to October 29
by the Supreme Court. Kolis mercy peti-
tion was earlier rejected by President
Pranab Mukherjee on July 27.
Koli and his employer Moninder
Singh Pandher was charged with serial
killing of children in Nithari, near Delhi,
but Pandher was acquitted by the
Allahabad High Court.
COURTS
T
he Delhi High Court recently
ruled that minors rescued
during anti-trafficking raids
are victims and not offenders to be
prosecuted under the Immoral
Trafficking (IT) Act.
The high courts legal services
committee had challenged a 2009
order by a metropolitan magistrate
over the custody of two minors, who
were recovered by the police and
dealt with under the IT Act.
The high court ruled that if a
child, who is incapable of giving con-
sent, is found begging, working, sex-
ually exploited or vulnerable to drug
abuse or trafficking, he or she will
not be treated as an offender, but
only as victim.
Moreover, if such a child is below
18 years of age and is rescued by the
police under the IT Act, he or she
will be immediately transferred to
the Child Welfare Committee.
Gagging the media
A
Bangalore courts temporary
order banning some media
outlets in Karnataka from
reporting on the rape and cheating
allegations made by a Kannada
actress against Karthik Gowda, the
son of Union Railway Minister
Sadananda Gowda, was yet anoth-
er case of the judiciary gagging
the press.
The media has often underlined
that the right to freedom and expres-
sion offers it the privilege to follow
developments in controversial cases
and for it to report objectively. But
accused persons have often sought
the help of the judiciary to throttle
the media by invoking the Right
to Privacy.
Several cases in the past have
drawn the attention of the judiciary
on this issue. In the Nira Radia case,
Ratan Tata had approached the
Supreme Court protesting that his
private conversations with her were
in public domain because the media
violated his privacy rights.
Similarly, in the Justice Swatan-
ter Kumar case, which related to
sexual harassment, the Delhi High
Courton a plea filed by Kumar, a
former Supreme Court judgehad
restricted the media from reporting
allegations against him.
In yet another case, the then SP
leader Amar Singh had filed a peti-
tion in the apex court after some of
his telephone conversations were
tapped and circulated. The court
first restrained the media from pub-
lishing the contents of the recorded
phone calls but later, lifted the ban.
The important aspect is that a
person cant be deemed guilty unless
the courts decide, and therefore, the
media should keep away from dis-
closing information, especially in
high-profile cases, as it may influ-
ence the image of these people.
The judiciary should strike a bal-
ance between safeguarding the
rights to privacy of an individual
and shackling the media on infor-
mation dissemination.
Death
warrant for
Nithari killer
HC: Trafficked kids not offenders
20
September 30, 2014
New post
raises eyebrows
F
ormer Chief Justice of India, P Satha-
sivam was sworn in as the governor of
Kerala early this month. His appoint-
ment triggered a controversy, especially since
Justice Sathasivam had quashed chargesheets
against Amit Shah in the Sohrabuddin
encounter. With the government being the
largest litigant in courts today and the subse-
quent appointment of numerous Supreme
Court judges in high-profile positions after
they retire, the independence of the judiciary
has come under the scanner.
Those against the appointment feel that
the lure of prime jobs from the government
often pushes top judges to curry favor with
the government of the day. So, they should be
barred from taking up constitutional posts.
Now, it remains to be seen if the new governor
will act in a fair manner.
More FCTs for
speedy justice
T
he BJP government has drawn up a proposal to set up
1,800 fast track courts (FCTs) across the country to speed
up the delivery of justice. The law ministry approached the
14th Finance Commission for the same, since the latter allocates
resources for setting up court infrastructure. As of March 2014,
976 FCTs were operational in the country. Setting up of FCTs is the
responsibility of the state government unless otherwise specified
by the central government through a special scheme.
P
risons across India are chock-a-bloc with people who
are yet to face trial in various offences. Often, they
end up spending more time in jails than they would
actually have, had they been convicted for their respective
offenses. To make matters worse, they do not have the
resources to furnish sureties or bail bonds, and being illit-
erate or underprivileged, have no clue about their rights.
Concerned about this lacuna in the judicial system, the
apex court asked lower judicial officers to find out prisoners
who have already served half the maximum period pre-
scribed by law for an alleged offense and release them
impromptu. Strangely, the same provision exists in the
criminal procedure code (Section 436A), but was not
implemented.
The court ordered that the exercise be started from
October 1 and completed within two months.
Cleansing the system
Illustrations: Amitava Sen
21
The New
VICTIMS
the abuse of section 498a relating to dowry
has seen many an innocent husband land-
ing in jail. but with the supreme court forbid-
ding automatic arrest, succor is in sight
By Bhavdeep Kang
A
woman is murdered for
dowry every hour in
Indiaa widely quoted
statistic backed by a
mind-googling number
of news reports on
women brutally killed
by in-laws or husbands in just the last three
months. In conjunction with the almost 1.2
lakh cases of domestic violence lodged at police
stations by battered women in 2013, it would
appear that wives do, indeed, have a hard time.
And yet, it seems the sandal is on the other
footmen too are being subjected to extortion,
humiliation, emotional abuse and imprison-
ment by disgruntled wives.
So rampant is the abuse of Section 498A of
the Indian Penal Code, relating to harassment
for dowry, that the Supreme Court (SC)
stepped in with a directive on July 2, forbid-
ding automatic arrest in such cases. It also read
the police a homily on misuse of this provision.
LEAD/
anti-dowry laws
Section 498-A (has)...dubious place of pride
amongst the provisions that are used as
weapons rather than a shield by disgruntled
wives. The simplest way to harass is to get the
husband and his relatives arrested under this
provision. In a number of cases, bedridden
grandfathers and grandmothers of the hus-
bands and their sisters living abroad for
decades are arrested.
LEFT IN THE LURCH
How does it work? Lets look at a case from
Mumbai. The wedding over, the newlyweds
checked into to a hotel to rest before leaving
for the honeymoon. But the bride had other
plans. Three hours after leaving the shaadi ka
mandap, she informed her husband that she
hadnt wanted to marry him in the first place
and departed (with a substantial amount of
jewellery), leaving the red-faced groom to face
his family, friends and colleagues.
Worse was to come. After several weeks, he
22
September 30, 2014
Illustrations: Lalit Khitoliya
ond plunge, only to find that his bride was
schizophrenic and his in-laws were bullying
himon the threat of arrest for domestic vio-
lenceto sign over his properties to them.
In a bizarre twist to the standard pay-up-or-
I ll-put-you-in-jail plot, a Bangalore-based
Infosys executive murdered his wife in 2010,
claiming she had threatened to file a dowry
harassment case against him, which would
render his aged parents vulnerable to arrest.
WELCOME ORDER
It was, therefore, natural that widespread relief
greeted the SC directive of July 2. The case that
caused the court to give this order was a
applied for an annulment on grounds of deser-
tion. Two days later, a contingent of Mumbai
police appeared on his doorstep to arrest him
on grounds of harassment for dowry and
domestic violence.
The grooms story would have struck a
chord with V (name withheld), who married a
pretty Kolkata girl in good faith, only to be told
she was in love with someone else. Unlike the
film Woh Saat Din, in which the reluctant bride
falls for her unprepossessing husband and
dumps her handsome lover, she left him for her
boyfriend within a week. To add insult to
injury, she charged him and his entire clan with
harassment for dowry. Only a large financial
settlement staved off arrest.
Lawyers have a fund of such stories: a
Haryana boy who paid `45 lakh to his estra-
nged wife to secure the release of his mother
from jail; an MNC executive who spent a hor-
rifying night in a police lock-up before he
coughed up money; a divorcee who took a sec-
23
In quite a number of cases, bedridden
grandfathers and grandmothers of the
husband and even sisters living abroad for
decades are arrested.
LEAD/
anti-dowry laws
MUCH-ABUSED SECTION
The courts, too, had made the same suggestion
in a number of such cases. The high courts of
Delhi, Tamil Nadu and Andhra Pradesh had all
animadverted against knee-jerk arrests. The
Delhi High Court in 2003 observed that 498A
was a much abused provision and exploited by
the police and the victims to the level of
absurdity...unless the allegations are of a seri-
ous nature and the highest magnitude, arrest
should always be avoided.
Mumbai High Court lawyer Abhishek
Khare says the low conviction rate in 498A
cases bears out his own experiencehaving
handled over a hundred divorcesthat 95 per
cent are fabricated. Some states, he says, are
worse than others. The police go after the hus-
band and family either out of fear of strictures
from the court, pressure by NGOs or to make
money off the accused.
Naturally, beleaguered husbands have
banded together to protest. A host of websites
offer advice to husbands charged under 498A
or domestic violence: savefamily.in, saveindi-
anfamily.org, menrightsindia.net, rakshak-
foundation.org, indianfamily.net and 498a.org,
to name a few. A Guide to Surviving IPC 498
A is an oft-downloaded document. Support
standard one: young Arnesh Kumars wife had
accused his parents of demanding dowry in
cash and kind and kicking her out when she
did not comply. Hed applied for anticipatory
bail, which was rejected both by the sessions
and high court, and filed a special leave peti-
tion in the SC.
The SC pointed out that almost two lakh
people had been arrested in 2012 under the
section, of which a quarter were women
(mothers, sisters, etc, of the accused). Going by
the statistics, it would appear that harassment
for dowry is the third most common crime in
the country. Whats more, the rate of charge-
sheeting in such cases is close to 94 per cent,
while the conviction rate is only 15 per cent.
Extrapolating this, the SC said that of the
3,72,706 cases pending trial, 3,17,000 were
likely to result in acquittal.
So, instead of knee-jerk arrests, the police
are now required to secure a magistrates
approval for detention on the basis of Section
41 of the CrPC, which governs arrest without a
warrant. If this procedure is not followed, the
police personnel concerned are themselves
liable to be prosecuted.
In the 15 years preceding this SC verdict, a
series of reports pointing to misuse of the
Dowry Act had come out. In November 2000,
the legal adviser to the Delhi Commissioner of
Police suggested that Section 498A was being
misused by women to harass their husbands.
The Malimath Committee on Criminal Justice
System reforms in 2003 observed that the pro-
vision helps neither the wife nor the husband.
The offense being non-bailable and non-com-
poundable makes an innocent person undergo
stigmatization and hardship. Heartless provi-
sions...operate against reconciliations. The
Law Commission in 2012 said the offenses
under this provision should be made com-
poundable and arrest resorted to only in cases
of serious magnitude.
If the gas cylinder is exhausted and
delivery of the new one delayed,
technically the man can be accused
of abuse.
-- Rajesh Vakharia, president, Save Indian Family Foundation
24
September 30, 2014
National Crime Records Bureau recorded
8,233 dowry deaths in 2012, 8,618 in 2011,
8,391 in 2010 and 8,383 in 2009.
CAUTIOUS STANCE
Significantly, the July 2 SC judgement evoked
cautious responses from gender activists and
women lawyers. By and large, they took a
nuanced stand, admitting that the law had
been misused by a section of womeneducat-
ed, aware and generally, middle-class. What
they objected to was the judgments character-
ization of complainants as disgruntled wives.
Senior lawyers like Malvika Rajkotia, Pinky
Anand and Rebecca John observed that there
were ample instances of abuse, but warned
against diluting the law, as harassment of
women was an ugly reality. Besides, every law
has the potential to be misused.
The flaw, then, lies in the implementation of
the law. Supreme Court lawyer Santosh Kumar
points out that the accused in such cases is not
a habitual offender. The husband is not a
hardened criminal with a history-sheet, so the
police should not treat him as one. The police
can refrain from arresting the man and his
family while investigating the case, he says,
because theres ample legal protection for the
woman. She has the right of residence and is
not being thrown out into the street and once
she has filed a complaint, will have a secure
environment in the home.
Often, Section 498A and the Domestic
Violence (DV) Act come into play during acri-
monious divorce proceedings. Canny lawyers
make it a point to inform the police authorities,
the state Human Rights Commission and the
State Commission for Women before filing for
divorce. In some cases, husbands have avoided
arrest by pointing out that their divorce
petition preceded the dowry harassment
complaint.
A case in point is that of Deepinder
groups are full of advice on how to avoid arrest
under this section: grooms are warned to be
observant and keep an eye out for symptoms
of impending litigation.
Khare says theres really no way of avoiding
arrest, except to run away and then file for
anticipatory bail. Exactly what S (name with-
held) did. He returned home from work to find
his wife of four years on the landing, accusing
him of domestic violence and dowry demands,
within the hearing of his neighbors.
Embarrassed and perplexed, he slunk into his
apartment and called a friend. Pack a tooth-
brush and leave, he was advised. Sure enough,
his office called the next morning to say that
the police were looking for him in a dowry
harassment case. He then approached a senior
police officer he knew, but was told it was all
but impossible to avoid arrest. But I didnt do
anything, he protested. Pat came the res-
ponse: You got married, didnt you?
On the flip side is the continuing harass-
ment, even murder, of women for dowry. These
are samples from the month of August: a
woman tied to a tree in Chhindwara and burnt
by her in-laws; dowry death protestors block
traffic in NOIDA; a former Delhi MLA and his
family arrested in a dowry death case. The
Almost two lakh people were arrested in
2012 under the section. It would appear
that harassment for dowry is the third most
common crime in the country.
25
Hooda, son of Haryana chief minister BS
Hooda, who was able to show that he had filed
for divorce before his wife filed a complaint
against him and his family.
The DV Act has also come in for criticism,
not because of its intent but the wide definition
of what constitutes violence. Verbal, emotional
and economic abuse fall within the purview of
the act and are described in such general terms
that any domestic dispute or denial of expendi-
turewhether deliberate or inadvertentand
perceived shortfall in domestic goods, can
amount to abuse.
Rajesh Vakharia, who runs the Save Indian
Family Foundation, essentially a rights of
men organization, says: The SC itself has
described the law as clumsily drafted...if the gas
cylinder is exhausted and delivery of the new
one delayed, technically the man can be
accused of abuse. He says the law is discrimi-
natory because it defines the home solely in
relation to the wife. What about the other
women in the homethe mother-in-law, the
sisters-in-law?
In his vast experience of acrimonious
divorces, he says: I find that the police enter-
tain complaints from wives, but not mothers-
in-law and unmarried girls. The moment a
woman becomes a mother-in-law, she is trans-
figured from potential victim to potential
demon. The National Commission for
Women, he complains, functions like the
National Commission for Wives.
The SC judgement will surely bring respite
to beleaguered husbands. Courts have passed
strictures before. But the police have failed to
respond. Let us hope that this time, they follow
the letter of the law, says Vakharia.
while laws are meant to provide succor, their misuse can have a
torturous effect on victims and their families
By Vishwas Kumar
M
ISUSE of dowry
laws has seen
many an inno-
cent men being
framed. Worse, in
some cases, even
the judiciary
sides with the womans family, leaving her
husband tortured and at wits end. Take the
case of a newlywed couple whose lives were
overturned due to the misuse of such laws by
the girls family. All it took was a suggestion
by the boys parents that the couple purchase
a house jointly in their name. Could this be
called dowry harassment? Prima-facie, it
isnt. But who was to tell this to the
Maharashtra police, who not only arrested
the boy, a software engineer, but also charge-
sheeted him.
LEAD/
anti-dowry laws
JUDICIARY FOUND WANTING
But worse was to follow. Even the judiciary,
from whom one expects justice, was no bet-
ter. First, the metropolitan magistrate (MM)
upheld the polices case, brushing aside all
protests from the accused and his parents.
Then, the additional sessions judge (ASJ) too
agreed with the MM and directed him to
undergo trial to prove his innocence. Finally,
when the matter reached the high court, the
shocked lady judge quashed the criminal case
against the accused. She also passed stric-
tures against the police and castigated the
judicial officials for non-application of their
mind while passing orders.
The judge severely criticized the girls par-
ents for conspiring to defame and humiliate
the accused and his family.
Sadly, there have been many cases of
CASE STUDIES
26
September 30, 2014
parents also managed to obtain anticipatory
bail from the high court.
But worse was to follow. In February
2009, the police filed a chargesheet under
Sections 498A (anti-dowry), 406 (breach of
trust), 506 (criminal intimidation), 323 (vol-
untarily causing hurt), 34 (common inten-
tion) of the IPC, along with Sections 3 and 4
of the Dowry Prohibition Act.
Subsequently, Kaushiks lawyer, Anuj
Kumar Padhy, filed a discharge petition, first
before the MM, then the ASJ and then, the
Mumbai High Court, alleging that the Pune
police had acted arbitrarily by ignoring their
own Occurrence Report but later did so on a
cooked up charge by the Ujjain police. He
argued that the Pune police did not register a
criminal case when an alleged crime took
place within its jurisdiction. His petitions
were rejected by the MM and ASJ, but later,
the Mumbai High Court accepted it.
Thankfully for Kaushik, Justice Sadhana
S Jadhav of the Mumbai High Court quashed
the case against him this July. In her scathing
judgment, she said: In the present case, it
appears that no serious allegations were
made at Chaturshrunghi Police Station
which would even warrant prosecution
under Section 498A and therefore, in all
probabilities, the police officers had not
called upon the Petitioner No. 3 (Neeraj
abuse of dowry laws. In 2008, two software
engineers, Neeraj Kaushik and Madhvika
Joshi, fell in love and married. They lived in
Pune where Kaushik was working with Tata
Consultancy Services (TCS).
The marriage, however, lasted only five
months, as the couple couldnt reconcile their
differences. On June 17, 2008, Joshi filed a
complaint with Chaturshrunghi police sta-
tion in Pune, alleging physical assault by her
husband. The police requested her to under-
go the mandatory medical examination in an
assault case. But she refused. An examination
would have helped establish the gravity of the
injury and under which section of the Indian
Penal Code (IPC) the crime fell. Since the
alleged offense, a slap, was a non-cognizable
offense (non-serious in nature), the police
did not immediately register a case.
The next day, Joshi reached her home
town in Ujjain, Madhya Pradesh, and lodged
a complaint with the local police. Surpri-
singly, the police immediately registered a
criminal case under the provision of Zero
FIR (can be registered without jurisdiction),
after she took a medical examination. The
medical certificate indicated that there were
bruises on her left eye, right arm, left scapu-
lar area and contusion over the left thigh.
Since the offense had taken place within
the jurisdiction of the Pune police, the Ujjain
police transferred the case there. And on July
4, Chaturshrunghi police station filed a fresh
FIR (No 297/08) based on the Zero FIR for-
warded by the Ujjain police, overlooking its
own Occurrence Report, in which the police
had refused to register a case.
WRONGFUL DETENTION
The Pune police, then, swung into action and
at midnight on September 23, arrested
Kaushik. They also swooped down to Delhi
to arrest his father, Vinod Kaushik, and
mother, Uma, but failed to do so. Three days
later, they brought a handcuffed Kaushik to
the TCS office on the pretext of seizing his
passport. After humiliating him, they
detained him in police custody for another
five days on the grounds of recovering strid-
han (dowry) items, but they never came to
Delhi to do so. After eight days in police cus-
tody, the trial court released Kaushik on bail
on October 1, 2008. Two months later, his
BLISSFUL DAYS
Neeraj Kaushik and
Madhvika Joshi
during their
honeymoon in
Mussoorie
LEAD/
anti-dowry laws / case studies
27
Kaushik). At the same time, it cannot be
ignored that Petitioner No. 3 was in fact,
arrested by the police in his office and parad-
ed as if he was a hardened criminal.
The police machinery had not only
stopped at that, but sought police custody on
the ground of recovery of the passport of the
complainant and other articles. The high-
handedness and influence of the com-
plainant party was writ large on the face of
the record and the police had detained
Petitioner No. 3 in custody without verifica-
tion of the facts. It is a matter of record that
Petitioner No. 3 had to undergo incarcera-
tion for a week because of the fact that he was
arrested unaware. The Petitioner No. 3 was
arrested on 26th September, 2008, and
released on bail on 1/10/2008. The Peti-
tioner No. 3 was exposed to social obloquy at
the place of service since he was arrested in
the office, i.e. in the TCS office, and was
handcuffed.
All this would clearly show that the com-
plainant was seeking personal vendetta with-
out there being any sufficient grounds.
Justice Jadhav castigated Joshis family
for misusing the provisions of anti-dowry
laws in connivance with police officials to
unleash vendetta against her estranged hus-
band and in-laws.
MOTIVATED ACCUSATIONS
Justice Jadhav also cast doubts about exactly
what harassment Joshi had undergone. She
cited Blacks Law Dictionary (widely used
law dictionary), which defines harassment
as words, conduct, or action (usually repeat-
ed or persistent) that being directed at a spe-
cific person, annoys, alarms or causes sub-
stantial emotional distress in that person and
serves no legitimate purpose.
In the present case, she said, it could not
be said that Petitioner No.3 was so persistent
in his conduct that it could cause harassment
to the first informant (Malavika Joshi). The
very fact that she refused to be subjected to
medical examination at Pune would show
that she had no apparent injuries, the judge
said. The police officer at Chaturshrunghi
police station would have definitely noticed
the bruises if it had appeared on her eyes and
other features. Therefore, there was a doubt
as to whether the said injury certificate was
concocted at a place where her parents lived,
said Jadhav.
She also clarified what could qualify as
dowry harassment. Section 498A of the IPC
contemplates harassment of such a nature,
which would coerce the wife or her relatives
to meet any unlawful demand for any proper-
ty or valuable security or to drive the woman
to commit suicide or to cause grave injury or
danger to life, limb or health. Recitals of the
FIR in this case only disclose a stray incident
which had occurred due to a verbal alterca-
tion between the husband and wife which
would be a natural affair between couples.
Difference of opinion or verbal alter-
cation...cannot be termed as harassment or
cruelty, said the judgment.
It also highlighted the grave misuse of
dowry laws. In the present case, the disgrun-
tled wife filed the proceedings under Section
498A, 406, 323 of the IPC. Thereafter, a peti-
tion was filed under the Protection of
Women from Domestic Violence Act, 2005.
And then, proceedings were initiated in the
family court. Hence, the husband and his rel-
atives had to go through legal proceedings in
the same case in three different courts.
Talk about a marriage made in hell.
Justice
Sadhana
Jadhav of the
Mumbai High
Court came to
Neerajs rescue
by seeing
through
Madhvikas
malafide
intentions.
LEAD/
anti-dowry laws / case studies
IL
28
September 30, 2014
NDIA EGAL
L
STORIES THAT COUNT
Medical Crimes:
Can victims ever get justice?
September 15, 2014 `100
www.indialegalonline.com
I
The putrefying Ganges is Indias national disgrace. Can Modi deliver on his
campaign promise to revive the worlds holiest river?
Baby-killer Sisters:
In cold blood
R
N
I N
o
. U
P
E
N
G
/2
0
0
7
/2
5
7
6
3
P
o
s
ta
l R
e
g
d
. N
o
. U
P
/G
B
D
-1
9
7
/2
0
1
4
-1
6
CRY ME A RIVER
Who will be hit worst by Courts
Coalgate crackdown?
Doshipura: Shia-Sunni imbroglio
At Last: weeding out antiquated bills
Bribes-for-bank-loans scam surfaces
Vanishing Birds:
Can laws save them?
ALSO
14
40
44
32
74
AND
Should parents encourage kids to play with tablet APPS?
26 36 60
hame: ...................................................................................... Age: ............................. Sex: .......................................
Address: ........................................................................................................................................................................
.......................................................................................................................................................................................
.......................................................................................................................................................................................
Cily: ................................................................. Slale: ..................................................... Fin: ......................................
Fhone Res.: ...................................... 0ice: ...................................... email: ..............................................................
Enclosed 00/Cheque ho.: .............................. 0aled: ...................... 0rawn: ........................... or `: .........................`
Card ho.: ............................................................................. Signalure: ........................................................................
For oulslalion cheque lease add ` 5O/
`00/Cheque lo be drawn in avour o Eh Communicalions Fvl. Lld.
To be senl lo: Eh Communicalions Fvl. Lld. A9, SeclorG8, 0aulam Buddh hagar, h00A (b.F.) 2O18O9
Terms & condilions aly. Flease rovide us 4 weeks lo slarl your subscrilion
SUBSCRIBE TO INDIA LEGAL
GET FABULOUS DISCOUNTS
Yes, would like lo subscribe lo h0A LE0AL maga/ine or lhe oer indicaled below
Tick one Term (Years) No. of Issues Cover Price (`) You pay (`) You save (`) % Saving
1 Year 24 Issues 2400/- 1200/- 1200/- 50%
2 Years 48 Issues 4800/- 1920/- 2880/- 60%
sales@indialegalonline.com
Dont miss a single issue of this
independent, scintillating new fortnightly
magazine and get special discounts for
yourself and your friends
N
O

H
O
L
D
S
B
A
R
R
E
D
SAVE UP TO 60%
SUBSCRIBE NOW
30
September 30, 2014
DONT
DUMP
THIS
IDEA!
the bjp has embarked
on an ingenious
projectproviding
decent defecation
facilities to dalitsto
garner more
sc votes. and it
may just work
By Vishwas Kumar
POLITICS/
modi toilets
T
HERE is more than meets the eye as far as
toilet politics is concerned. Prime Minister
Narendra Modis ambitious Swach Bharat
(SB) scheme to provide toilets for all rural
households till 2019 is not only aimed at
strengthening his connect with the rural
population, especially dalits and women,
but is being done with an eye on future elections. Though it
has been officially claimed that the 2019 deadline for imple-
mentation of the scheme is meant to mark the 150th anniver-
sary of Mahatma Gandhis birthday, its main aim is to reap
electoral dividends in the general election scheduled that year.
The BJP seems to have taken a leaf out UPA-Is success in
the 2009 general elections, when the flagship rural employ-
ment scheme, Mahatma Gandhi National Rural Employment
Guarantee Act (MNREGA), was launched.
But what was the reason for a Hindutva icon and corporate
According to a report by the National
Confederation of Dalit Organizations, nearly
48 percent of Indians have no access to toi-
lets and are forced to defecate in the open. In
rural areas, this percentage goes up to 60
percent. While 42.3 percent of non-dalit
households have toilets, in the case of dalits,
it is just 23.7 percent. That means that
around 77 percent of dalits will directly ben-
efit from the SB scheme between 2014-19.
Even the budgetary allocation for SB shows a
tilt towards dalits. Out of the total `4,260
crore allocated for this scheme, `938 crore is
for SCs and `426 crore for tribals.
Dalit activists, however, remain sceptical
of the governments intent because there is
no effective strategy to improve their life.
MAKING HYGIENE THE BUZZWORD
(Left) School children showing placards at the
inauguration of 108 toilets in Badaun, as part of Toilet
for Every House campaign of Sulabh International;
(Below) Dr Bindeshwar Pathak, Founder of Sulabh
International, inaugurating the toilets along with Punam
Yadav, Badaun District Panchayat President
Indias favorite politician to suddenly start
thinking of rural and dalit voters? The
answer lies in the stupendous electoral victo-
ry forged by the BJP in the 2014 elections.
Modi, unlike any BJP leader, was able to cut
through the caste-ridden politics of the Hindi
heartland. Often seen as catering to urban,
middle class voters, he was now able to woo
even fringe segments like dalits and women.
It makes sense, considering the size of this
electorate. Some 72 percent of Indias 1.22
billion population is rural. Out of these,
Scheduled Castes or dalits constitute 16.6
percent (201.4 million), while dalit women
number 34.8 million. For both these sections,
the lack of toilets is an emotive issue and
Modi is astute enough to understand that.
Photos: UNI
31
ing in 282 seats. In 2009, it only got 18.8 per-
cent of the votes and 116 seats. So who were
the new voters the party added? An analysis
of election results shows that it attracted
many dalit and women voters.
Analyzing the electoral gains, Rahul
Verma of Lokniti-CSDS wrote in The Hindu
that one in every four dalits voted for the BJP
in comparison to one in 10 in the post-1990
era. the BJP has surpassed both the
Congress and the BSP (Bahujan Samaj Party)
in attracting a larger share of dalit votes. The
BJPs dalit vote-base in this election is largely
the upwardly mobile sections (urban, educat-
ed, middle classes, with high media expo-
sure), he wrote.
And UP had a big hand to play in this, as
it has the largest dalit population in India. In
the 2014 elections, the BJP got 42.3 percent
of the votes in UP and 71 seats out of 80.
Compare this with 17.5 percent and 10 seats
in 2009. The additional 25 percent votes that
the BJP added to its vote bank came from
dalits (minus Jatav-Chamar, which remained
with the BSP).
A similar trend is reflected in Bihar,
another state where the BJP performed
exceedingly well. Some 22 percent of voters
in Bihar belong to economically backward
castes and dalits. The BJP and its ally, the
LJP, led by dalit leader Ram Vilas Paswan,
managed to corner 51 percent of the votes,
while their rival, JDU, led by Nitish Kumar,
got only 35 percent. Nitish resigned as Bihar
CM and anointed Jitin Ram Manjhi, a dalit,
as his successor. This again shows the impor-
tant role dalits will play in national politics.
Encouraged by the election results, the
BJPs think-tank, comprising of Modi, party
chief Amit Shah and RSS chief Mohan
Bhagwat, chalked out a strategy to actively
woo dalits. Bhagwats recent utterance on
unity among Hindus is being seen in this
context. For the next five years, we have to
work with the aim of bringing equality
among all Hindus in the country. All Hindus
should be drinking water at one place, should
be praying at one place and after their death,
their bodies should be burnt at the same
place, he recently said in Mumbai.
A similar keenness to woo dalits was evi-
dent in BJPs stand during the recent
N Paul Divakar, general secretary, National
Campaign on Dalit Human Rights, says: It
is great that the PM has initiated the Swach
Bharat campaign and we welcome the deci-
sion. It is long overdue. However, the struc-
tural, systemic and systematic exclusionary
practices that exist in the country also need
to be addressed. this appears as a material
solution that does not take into account the
practices of untouchability.
He adds that merely building toilets is not
enough. They have to be maintained and
cleaned, and inevitably, dalits would be
employed to do so, perpetuating caste-based
discrimination and exclusion, he stresses.
CAPTIVE VOTE-BANK
It was the 2014 elections that made the BJP
look at dalits as a vote-bank. In the polls, it
managed to garner 31 percent votes, result-
For ensuring hygiene,
waste management and
sanitation across the
nation, a Swach Bharat
Mission will be launched.
This will be our tribute to
Mahatma Gandhi on his
150th birth anniversary to
be celebrated in the
year 2019.
PRESIDENT PRANAB MUKHERJEES
address to parliament in June 2014
The need for sanitation is of
utmost importance... The
task of total sanitation
cannot be achieved without
the support of all. The
government intends to cover
every household with total
sanitation by 2019, the 150th
year of the birth anniversary
of Mahatma Gandhi through
Swach Bharat Abhiyan
FINANCE MINISTER ARUN JAITLEYS
budget speech
Clean Sweep?
POLITICS/
modi toilets
32
September 30, 2014
Muzaffarnagar riots and other instances of
communal tension in Uttar Pradesh in the
recent months, especially after the BJP came
to power (see box: Communal conundrum).
SOCIAL ENGINEERING
Why has the BJP chosen western UP as the
arena for its dalit appeasement policy? The
answer lies in the areas demographic compo-
sition and social structure. Dalits and
Muslims equally own around 25 percent of
the land here. Unlike most parts of rural
India, Muslims in western UP own land.
Many of them are Hindu converts, who
havent forgotten their caste origins, even
though Islam is supposed to be egalitarian.
Their attitude towards dalits matches that of
their Hindu brethren: oppressive, exploita-
tive and supercilious. This is precisely the
obstacle the BSP faces in attempting a
Muslim-dalit consolidation, Ashraf wrote.
Meanwhile, the SP government is provid-
ing tactical support to the BJPs campaign for
its own electoral dividends. Since it sees the
BSP as a bigger political enemy, it ensures
that the administration either remains neu-
tral or leans towards the minority communi-
ty in these clashes. Both the SP and the BJP
are hand-in-glove to cut out the BSP, which,
in the past, has successfully forged dalit-
Muslim unity. If Muslims come to the SP and
the majority of dalits goes to the BJP, the BSP
will not able to get sufficient seats based on
their own numerical strength of the Jatav-
Chamar caste, explains a senior bureaucrat
in the home ministry, who is responsible for
monitoring UPs law and order situation. It
is a well chalked-out strategy to attempt a
new social engineering in a politically crucial
state where either the BJP or the SP will
remain in power, he adds.
Dalit activists, however, emphasize that
the government needs to do less politics and
more of implementation of existing schemes
to improve their lives. The 2014-15 budget
allocated `50,548.16 crore for SCs and
`32,386.84 crore for STs. These plans were
in existence for the last 30 years. However,
these funds have been plagued by various
issues, like non-implementation, diversion
and notional allocations. All this needs to
change. And for this, a push for effective
implementation through investing in sche-
mes for education, land and skill develop-
ment is needed, argues Divakar.
The toilet test for Modi has begun.
Indias population: 1.22
billion
Scheduled Caste population:
201.4 million
Population of dalit women:
34.8 million
Percentage of rural Indians
with no access to toilets: 60
Percentage of non-dalit
households with toilets:
42.3
Percentage of dalits
households with toilets:
23.7
Percentage of dalits who will
directly benefit from the
Swach Bharat scheme
between 2014-19: 77
Total allocation for Swach
Bharat scheme: `4,260
crore
Allocation for dalits and
tribals under this scheme:
`938 crore & `426
crore respectively
Numbing Numbers
Communal conundrum
IL
The aggressive BJP-RSS stance to woo dalits is causing social
schisms, leading to communal tensions in rural areas. The
December Muzaffarnagar riots were a case in point. It started as
a local clash between dalits and Muslims over a petty issue. The
party took up cudgels on behalf of dalits, while the SP-led UP
government kept quiet, leading to escalation of communal
tensions in the whole of western UP.
The BJPs electoral success triggered Muzaffarnagar-type
riots elsewhere too. Within 10 weeks of the poll results on May
16, 605 communal incidents happened in UP, of which 68
involved Muslims and dalits. According to The Indian Express,
over 70 percent of these took place around areas where
assembly by-elections were to be held. Many of the flare-ups
were over minor issues such as the use of loudspeakers in
masjids and temples. And the BJP always took up the case of
dalits, while the SP, BSP and Congress remained non-committal.
It is this appeasement of dalits that is the reason behind the
BJPs attempt to rake-up the love-jehad issue. This is with
reference to Muslim boys enticing Hindu girls with the aim of
marrying and converting them. In most cases, the girl is a dalit.
This happened in Gaineridan village in Pilibhit on May 20. Here,
a Muslim family allegedly took away by force a girl married to a
Jatav boy. Local BJP leaders intervened and demanded security
for the Hindu family, causing tensions.
Political commentator Ajaz Ashraf wrote in scroll.in: The BJP
and its allies have supplemented the traditional method of
Hindutva mobilization with new strategies. Months before
Muzaffarnagar erupted last year, Hindutva activists had been
harping on the alleged menace of love-jehad, a seemingly
devious Muslim ploy to woo and marry Hindu girls after convert-
ing them to Islam.
33
THE NATION/
J&K/ bjp strategy
MISSION
34
September 30, 2014
T
HE Modi government has a very clear strategy on
Kashmir. This relates to its handling of Pakistan, the
Hurriyat and Jammu & Kashmir (J&K) itself. And
those calling the shots are Prime Minister Narendra
Modi and National Security Advisor (NSA) Ajit Doval.
While earlier, the Ministry of External Affairs (MEA)
was the moving force behind foreign policy, it is an
open secret that now it is Doval. It was his idea to call heads of SAARC
nations for Modis swearing-in with a view to creating bonhomie among
neighbors and establishing the governments peacenik credentials.
CLEAR-CUT STRATEGY
Doval is also credited with the new strategy on Pakistan, says a PMO insid-
er. As a former spy-master, Doval depends on his decade-long experience
in fighting Pakistans proxy war and classified information passed to him
by security and intelligence agencies, to decide the governments actions. It
was on Dovals advice that the government called off the scheduled foreign
secretary-level talks with Pakistan, just three months after Pakistan Prime
Minister Nawaz Sharif made an unprecedented gesture in attending
Modis swearing-in. Though the official reason given for this cancellation
was that Pakistan High Commissioner to India, Abdul Basit, had met
Hurriyat leaders, according to a PMO insider, this was Dovals doing.
HANDS-ON STRATEGY
J&K Chief Minister Omar
Abdullah welcomes
Prime Minister Narendra
Modi on his arrival at
Jammu Airport in
early July
the saffron partys ambition to win 44
seats in the forthcoming assembly polls
may see the first hindu cm in the only
muslim state in india
By Vishwas Kumar
POSSIBLE
If the boycott (called by Hurriyat)
continues, the people of Kashmir would be
controlled from somewhere in Nagpur (RSS
headquarters) or Jhandewalan (RSS
headquarters in Delhi).
Omar Abdullah, J&K chief minister
UNI
35
Some people even suggested that Modi took
the decision at the behest of RSS hardliners,
who are opposed to the governments soft
approach towards Pakistan.
The carefully thought-out strategy
extends to Kashmir too. The latest move to
corner Kashmirs separatist leaders is keeping
in mind the crucial assembly elections in
J&K, scheduled for later this year. It is also
keeping in mind the latest conflagration in
Pakistan, where its army chief, General
Raheel Sharif, has launched an offensive
against Sharif s democratically elected gov-
ernment to gain control of its foreign affairs.
As news of Pakistans domestic crisis start-
ed filtering in, Doval reportedly advised Modi
to seize the opportunity. Thats when foreign
secretary Sujatha Singh was asked to call up
Basit and tell him to cancel the invite to
Hurriyat leaders. The logic was that the
Pakistan government could not have agreed
to such a request when it was under siege
from the army. Dovals calculated decision to
make the Hurriyat leaders fall guys and
Pakistan as the villain to Indias efforts to
restart the dialogue process, seemed to be
working. Both the Hurriyat and Pakistan are
now targeting Modis government.
The government needs this kind of out-
cry to enthuse party workers in J&K, espe-
cially in Hindu-dominated Jammu, where it
has launched a mission to win over 44 seats in
the 87-member assembly and thereby, chief
ministership. The BJPs attempt to install the
first Hindu chief minister in the only Muslim-
dominated state in India has put local politi-
cal players, including separatist leaders, in a
tight spot.
CAUGHT IN A QUANDARY
Traditionally, the separatist leaders have
always boycotted J&K elections. They dont
believe in the Indian constitution and
demand independence, both from India and
Pakistan. However, this time, the ground sit-
uation is different and the separatists are now
caught in a bind, as for the first time, the BJP
has emerged as the main contender for power.
So, if they announce a poll boycott, it will only
help the BJP gain more votes and if they
dont, there could be a large voter turnout
which will negate their claims that most
Kashmiris wants azadi (independence).
But the BJP also has to contend with the
two main political parties in the statethe
ruling National Conference (NC) and the
Peoples Democratic Party (PDP). The assem-
bly seats are spread out across three geo-
graphical areas based on different religious
identities. Muslims dominate Kashmir Valley,
which accounts for 46 seats, Hindus are
strong in 37 seats in Jammu region and
Buddhists are dominant in four seats in Leh-
Ladakh. To reach the half-mark, the BJP will
need 44 seats.
The partys internal feedback is that it has
a good chance of grabbing all 37 seats in
Jammu and four seats in Ladakh, which adds
up to 41. To get three more seats for the mag-
ical number of 44, the BJP has adopted mul-
THE NATION/
J&K/ bjp strategy
It was on Dovals advice that the government
called off the scheduled foreign secretary-level
talks with Pakistan, just three months after
Nawaz Sharif attended Modis swearing-in.
2008 J&K
RESULTS
BJP: 11
CPM: 1
Independents: 4
Congress: 17
JKDPN: 1
NC: 28
Panthers Party: 3
PDP: 21
PDF: 1
Jammu & Kashmir assembly seats
46
37
4
SEATS
SEATS
SEATS
JAMMU
VALLEY
LADAKH
36
September 30, 2014
tiple strategies. One is to provoke the
Hurriyat, whose influence only works in the
Valley, to announce a poll boycott and proac-
tively implement it. It also wants Pakistan-
based terrorist groups, all controlled and
funded by the Pakistan army, to issue threats
asking people not to participate in the elec-
tion, like in the past. These twin factors will
reduce voter turnout in the Valley, which, in
the 2008 election, was 51.66 percent.
WOOING PANDITS
In addition, the BJP has launched a massive
drive to enroll all eligible Kashmiri pandits in
the voter list and make arrangements for
them to cast their votes. They have an option
to participate in J&K elections from their
resettlement camps.
Past experience tells that the poll boycott
call from separatists and terrorists works in
six constituenciesHabba Kadal, Sopore,
Anantnag, Bijbehara, Amira Kadal and Tral.
During the last elections, polling in these con-
stituencies was negligible. But if even a small
number of pandits vote in these constituen-
cies, it could help add to the BJPs kitty.
Sensing the BJP strategy, J&K Chief
Minister Omar Abdullah appealed to sepa-
ratist leaders not to give a poll boycott call.
In an election rally in Srinagar on August 24,
he said: They (BJP) are banking on boycott
in Habba Kadal, Amira Kadal, Sopore, Tral,
Anantnag and Bijbehara constituencies and
believe these are the seats they can have in
their kitty. Boycott has not helped in the
resolution of Kashmir; boycott has not even
helped the separatist leader (Syed Ali Shah
Geelani). He also explained that the BJP
was focusing on six assembly constituen-
The floods have
strengthened
the BJPs
position, with
even Congress
leaders
admitting the
governments
promptness
in relief
operations.
TESTING HUMAN GRIT
Army personnel carrying out rescue
operations in the flood-hit state
UNI
UNI
37
THE NATION/
J&K/ bjp strategy
cies, which have a sizeable presence of
Kashmiri pandits. If the boycott continues,
the people of Kashmir would be controlled
from somewhere in Nagpur (RSS headquar-
ters) or Jhandewalan (RSS headquarters in
Delhi), he warned.
However, Abdullahs NC has lost clout in
the Valley, as the recent general election
results revealed. Both the NC and its coalition
partner, the Congress, didnt get any seat,
while the BJP and the PDP won three seats
each out of a total of six. These three seats
roughly cover 33 assembly constituencies,
boosting its Mission 44 campaign.
On the other hand, the unprecedented
floods in the state have cemented the BJPs
position, and even Congress leaders Ghulam
Nabi Azad and Digvijaya Singh begrudgingly
admitted the governments promptness in res-
cue operation, and the relief grant of `1,000
crore to the state.
REPEALING ARTICLE 370
Winning 44 seats will further the BJPs aim of
implementing its long-cherished agenda to
repeal Article 370, which gives the state spe-
cial status. If the J&K assembly passes a reso-
lution to repeal this article and it gets ratified
in parliament, it can be done away with, pro-
vided it is not seen as unconstitutional by the
Supreme Court. If this article goes, then, J&K
will function like any other state and citizens
can acquire property there. Gradually, the
demography of the region will change.
It was during the 2008 assembly polls in
J&K that the BJPs rise started. It was a sur-
prise winner as, from one MLA in the 2002
assembly elections, it secured 11 seats, making
a clean sweep in Jammu and Kathua districts.
Analysis of the results showed that it benefited
from the Shri Amarnath Shrine Board (SASB)
controversy in July and August 2008. It start-
ed when the state government handed over
some forest lands to SASB for beautification
and construction of more facilities for pil-
grims. When the Hurriyat objected to this, the
government revoked its earlier decision. The
BJP opposed this and launched a campaign.
Since Amarnath is one of the most revered of
Hindu shrines, the partys emotive campaign
worked during the assembly election.
Subsequently, the party launched an agita-
tion against the step-motherly treatment
meted to the Jammu region at the hands of a
minority chief minister who gets elected on
the strength of Kashmirs voters. This polar-
ization politics worked and solidified BJPs
grip on Jammu region.
It waits to be seen if these strategies will
work during the coming polls.
If the separatists announce a
poll boycott, it will only help the
BJP gain more votes and if they
dont, there could be a large
voter turnout which will negate
their claims that most
Kashmiris wants independence.
FLAGBEARERS OF
KASHMIRI AZADI
Separatist leaders
Syed Ali Shah Geelani
(top) and Yaseen
Malik (above) at the
Pakistan High
Commission in
New Delhi
38
September 30, 2014
IL
PLAYING TO THE
GALLERY
SEPTEMBER22, 2014 100

MEDIA HYPE
MUCH ADO ABOUT
VIRAT AND ANUSHKA
FILMS
KATIYABAAZ: INDIAS
SCISSORHANDS
BEST DESIGNS
FROMTHE WORLD OF
ART AND MEDIA
THE CRITICAL EYE
In the current cacophony of
breaking news and hysterical TV
debates, is the Indian press in
danger of losing its credibility? 12
Anchor Review
bindi zction
Baat pate ki
BY DILIP BOBB
VIVIAN FERNANDES shows how the little guys
are challenging big media
RAJENDRA BAJPAI sees a tightening of news
noose
ANMOL DAR writes on the inside B2B
Superbrand story
PLUS
EXCLUSIVE VON-APN-TMM VOTER SURVEY
ALSO
1999 - 2014
The Best and
the Worst Ministers
TERRORISM
AS WORLD
THEATER:
ROBERT D KAPLAN
on beheading of
American journalists 28
16
24
4
4,
...starting page 62
hame: ...................................................................................... Age: ............................. Sex: .......................................
Address: ........................................................................................................................................................................
.......................................................................................................................................................................................
.......................................................................................................................................................................................
Cily: ................................................................. Slale: ..................................................... Fin: ......................................
Fhone Res.: ...................................... 0ice: ...................................... email: ..............................................................
Enclosed 00/Cheque ho.: .............................. 0aled: ...................... 0rawn: ........................... or `: .........................`
Card ho.: ............................................................................. Signalure: ........................................................................
For oulslalion cheque lease add ` 5O/
`00/Cheque lo be drawn in avour o Eh Communicalions Fvl. Lld.
To be senl lo: Eh Communicalions Fvl. Lld. A9, SeclorG8, 0aulam Buddh hagar, h00A (b.F.) 2O18O9
Terms & condilions aly. Flease rovide us 4 weeks lo slarl your subscrilion
SUBSCRIBE TO VIEWS ON NEWS
GET FABULOUS DISCOUNTS
Yes, would like lo subscribe lo vEwS 0h hEwS maga/ine or lhe oer indicaled below
Tick one Term (Years) No. of Issues Cover Price (`) You pay (`) You save (`) % Saving
1 Year 24 Issues 2400/- 1200/- 1200/- 50%
2 Years 48 Issues 4800/- 1920/- 2880/- 60%
sales@viewsonnewsonline.com
VIEWS ON NEWS
THE CRITICAL EYE
S
S
A
V
E

U
P

T
O

6
0
%
S
U
B
S
C
R
I
B
E

N
O
W
Views On News (VON) is Indias premier fortnightly magazine that
covers the wide spectrum of modern communication loosely known
as the media. Its racy, news and analysis oriented story-telling
encompasses current global and Indian developments, trends, future
projections encompassing policy and business drifs, the latest from
inside the print and electronic newsrooms, the exciting developments
in ever-expanding digital space, trending matters in the social media,
advertising, entertainment and books.
EVERY FORTNIGHT VIEWS ON NEWS WILL BRING YOU TELL-ALL
NEWS, ANALYSES AND OPINION FROM THE SHARPEST INVESTI-
GATIVE REPORTERS AND MOST INCISIVE MINDS IN THE NATION
An ENC Publication
If the media is leaving you behind, stay ahead of it by picking up yester-
days Views On News!
VIEWS ON NEWS
Dont miss a single issue of this stimulating, unbiased, entertaining new fortnightly magazine and get special discounts for yourself and
your friends
it was wrong on the part of the supreme court to arrogate to itself
the power to appoint judges under the collegium system
I
N the constitutional scheme of
things, there is a clear demarcation
between various institutionsname-
ly, parliament, judiciary and execu-
tive. Whenever any organ of the
state, any one of these three, exceeds
its limits, people sense danger.
In the 1970s, there was talk of a committed
judiciary. And later, of the supersession of
judges. An eminent judge, Justice HR Khanna,
resigned on a matter of principle and con-
science. There was turmoil and the people
were concerned because the executive, at that
time, was crossing the limits prescribed for it.
CORRUPT SYSTEM
In the 1993 judgment, which paved the way for
the collegium system, the judiciary had
crossed limits. Brother judges went on to
appoint brother judges. And, you know, when
brother judges appoint brother judges, nepo-
tism creeps in, favoritism comes in, and in a
collegium, there can be instances of bargaining
taking place between one judge and another,
with the chief justice taking the better share.
Justice JS Verma was on the 1993 bench,
which set up the collegium, a novel institution,
which is not prescribed in the constitution. He
was for setting it up. Later on, he regretted this
decision of the Supreme Court in public. I
think he appeared before the parliamentary
committee and also expressed this view. Also,
40
September 30, 2014
MY SPACE/hk dua/judicial appointments
WHEN AN INSTITUTION
CROSSES THE LIMIT
Anil Shakya
41
in public statements, and in private conver-
sations, he went on saying that a wrong deci-
sion was taken by the bench in 1993, of which
he was a member. His regret was that the
Supreme Court approved of a collegium.
Nowhere in the world do judges appoint
themselves. Always, it is an executive deci-
sion, but there are checks on the misuse of
executive power. That aspect, I think, is taken
care of by the Judicial Appointments
Commission, which is being provided for.
But I would say that there has been con-
siderable lobbying with the collegium mem-
bers by judges from high courts. Those who
are aspiring to be Supreme Court judges
dont leave any stone unturned to get in
there. In the high courts, they retire early and
since they want to be in the Supreme Court,
they visit the houses of collegium members,
trying to bring influences of all kinds. String-
pulling is the name of the game in Delhi.
That kind of culture, which prevails in the
judiciary, leads to malpractices, and should
be corrected.
JUSTICE COMPROMISED
In the process, the quality of justice has
declined in the country. I would like to
cite two or three cases. Take the Jessica Lal
case or the Priyadarshini Mattoo one. There
was miscarriage of justice in both. Only after
public concern and media noises, ultimately,
did the highest court intervene to provide
justice. Also, I cant understand how in the
trial courts, and even at the high court level,
did a BMW car become a truck, and a man
who killed six people on Lodhi Road in the
capital of India, got away very lightly. This is
because the right kind of people are not being
appointed in the highest judiciary.
The collegium neither laid down the crite-
ria for appointment of judges nor said what
kind of judges you need in high courts or in
the Supreme Court. The Delhi high court has
come out with judgments which spell out cri-
teria even for admission to nursery schools.
But people do not know what criteria are
there for being appointed as a judge to a high
court or the Supreme Court.
I am a little worried when a recognized
organ of the state exceeds its limit and when
a recognized organ of the state thinks that
whatever it says is always right. I get equally
worried about individuals who think they are
always right, worried about the institutions
when they think they are always right. Take
this aberration of a collegium. It was wrong
on the part of the Supreme Court to arrogate
to itself the power to appoint judges. That is
being set right in the constitution, and that is
why I support this bill.
The author is a former editor of
Hindustan Times and a Rajya Sabha member
NO FAIR PLAY
The collegium system led to
miscarriage of justice in many
cases until there was public
outcry. (From left to right) The
Priyadarshini Mattoo, Jessica Lal
and BMW cases are perfect
examples of this
IL
Photos: Rajeev Tyagi
P
REETHI Nair (name
changed), a housewife in
Kozhikode, tried to con-
trol her husbands drink-
ing habit in the only way
she couldshe destroyed
the liquor bottles he
brought home. She realized the futility of it
after he started coming home drunk. Preethi
tried almost everything to sober him up in
the last 15 years, including taking him to de-
addiction treatments, but failed. So, she is
naturally skeptical about the Kerala govern-
ments move to impose prohibition.
As for drinkers, they are not unduly wor-
ried about the partial prohibition intro-
duced by the Congress-led United Demo-
cratic Front (UDF) government. The policy
will see all 700 bars in the state, which arent
Five Star, being shut from September 12. It
will also see 387 retail outlets of Kerala State
Beverages Corporation (Bevco) and Kerala
State Consumers Co-operatives Federation
(Consumerfed), sole liquor distributors in
the state, being shut down gradually over the
next 10 years, starting from October 2.
This means that Malayalees, who con-
sume nearly 35 million cases of Indian Made
Foreign Liquor (IMFL) and beer a year, will
now have to queue up before 348 retail out-
lets (after 10 percent have shut down) and 23
Five Star hotels from October 2 if they do not
quit drinking.
SEASONED DRINKERS
Drinkers who queued up at liquor outlets
along the road from Kochi, the commercial
DRUNKEN STUPOR
A sloshed man on a
roadside in Kochi, a
common sight in Gods
Own Country
SOCIETY/
prohibition / kerala
chief minister oommen chandys idea of a phased liquor ban may earn
him brownie points among womenfolk. but will it work in a state which is
the largest consumer of alcohol?
By TK Devasia
BOTTOMS
42
September 30, 2014
Chandy says the state spends heavily on
health and other issues triggered by liquor
consumption. He stresses that prohibition
would benefit the state in the long run.
capital of the state, to Palai, the home of
Keralas first liquor baron, Joseph Maichel
Mannarkattu (called Mannarkad Pappan), a
day after the government gave its nod for
partial prohibition, said they were in no
mood to stop drinking. Drinkers at a Bevco
outlet at Kuravilangad said they were not
inordinately worried, as they could get their
quota from outlets that were open.
Their methods to get their daily tipple are
ingenious. We can always form a group and
depute one member to procure the quota
from some other outlet if the one in our area
is closed down. We will compensate him by
paying him for his time, reveals Rajesh, 30,
an autorickshaw driver in Kuravilangad. He
started drinking from the age of 18 and says
he cannot think of quitting the bottle. He
needs at least three pegs after a hard days
work to get sleep.
Thomas Varghese, a software profession-
al at Kakkanad, the IT hub in Ernakulam,
doesnt like to stand in a queue in front of
retail outlets. And he neednt, as he has a bet-
ter option brewing at homeonline home
alcohol distillers. These equipment will give
him better and cheaper liquor. Already,
details of websites selling such liquor have
DOWN
TIPPLERS TROUBLES
Drinkers will have to take
extra pains to procure
liquor now, with outlets
like this set to
be phased out
43
started appearing on Facebook and other
social networking sites. The price of a distill-
er that allows one to brew ones favorite alco-
hol at home starts at `4,000.
LURE OF TODDY
But Vivek Pillai, a former employee of Bevco,
says there may be no need for drinkers to
take this risk, as toddy shops and beer and
wine parlours have been spared from this
new liquor policy and can quench the thirst
of hard drinkers. When arrack (country
liquor) was banned in 1996, toddy shops sold
it. Those who cannot afford IMFL can flock
to these toddy shops even now for the
required kick, says Pillai. It is not difficult to
turn spirit into whiskey, brandy or rum.
IMFL manufacturers have been producing
all varieties of drinks for Malayalees by mix-
ing coloring agents and additives with
molasses, he says.
Interestingly, the Kerala high court had
several times brought to the notice of the
government the mismatch between toddy
production and sale. At one point, the court
had also suggested the closure of toddy
shops, numbering over 4,000.
Adoor Gopalakrishnan, noted film direc-
tor, says that this misconceived prohibition
will have a catastrophic outcome, as it will
lead to the free flow of spurious liquor.
Arrack ban produced a hooch baron called
Manichan. Total prohibition will produce a
chain of bigger hooch barons and trigger
massive human tragedies, he says. Prohi-
bition, he adds, is not practical in a state like
Kerala, where consumption of liquor is the
highest in the country. It is not easy for peo-
ple who queue up before bars and Bevco out-
lets in the morning to quit drinking.
POLITICAL MOVE
Most drinkers share his view and feel that the
UDF move will fail, as the decision is a
strange concoction of politics and religion.
Roy Abraham, a Gulf returnee living in Palai,
believes that the new liquor policy has been
triggered by a change in political equations
in the Congress, following the appointment
of VM Sudheeran as party chief and pressure
mounted on the government by Muslim and
Christian organizations.
The UDF government, which did not take
any major initiative to implement its policy
of phased prohibition after the ban on arrack
18 years ago, had no intention of taking the
Drinkers who queued up at outlets along the
road from Kochi to Palai, a day after the
governments nod for partial prohibition,
said they were in no mood to stop drinking.
SOCIETY/
IMFL retail outlets: 387
Five star bars: 23
Toddy outlets : 4,122
Beer and wine parlours: 111
Watering hole
Keralas drinking outlets as
on September 13, 2014
Follow Gujarat
model, says
Supreme Court
The Supreme Court (SC)
on September 11 said
that more than 700 bars
in Kerala cannot be shut
down before September
30. It questioned the
Kerala governments
decision to allow bars
only in five-star hotels
and said, If you want to
ban alcohol, stop it totally,
like Gujarat.
These bars had taken
the government to court
as they would lose their
licenses if it went ahead
with its plan to impose
prohibition. The SC has
said that the Kerala high
court must take a final
call on this and deliver its
verdict by the end of the
month.
44
September 30, 2014
next step when it decided not to renew the
licenses of 418 bars on the eve of the Lok
Sabha elections. The governments plan was
to renew them after elections, but Sudheeran
made the going tough by taking an adamant
stand against reopening these bars. Abraham
believes that Chief Minister Oommen
Chandy had proposed the recent prohibition
to cut Sudheeran to size. If Chandy had suc-
cumbed to his pressure and agreed to perma-
nently shut down these bars, the party chief
would have emerged a hero.
Chandy made a sudden shift in his stand,
much to the surprise of the prohibitionists,
after he saw support swelling for Sudheeran.
The party chief had rejected all compromise
formulas, including one which envisaged
renewal of licenses of all bars with three-star
facilities and granting time to the rest to
upgrade their facilities.
Though Chandy has scored a point
against his rival by proposing closure of all
the bars and 10 per cent of retail liquor out-
lets every year, he is not ready to forgive
Sudheeran, a chief ministerial contender, for
putting him in a tight corner. Chandy has
already taken his grievance to the Congress
Working Committee member AK Antony.
HUGE REVENUE LOSS
Chandy, apparently, pushed for this drastic
measure without discussing its implication
or taking stakeholders into confidence. It
resulted in many stakeholders, including sev-
eral ministers, coming out against the meas-
ure. While finance minister KM Mani is wor-
ried about the loss of revenue to the tune of
`7,500 crore annually, tourism and IT minis-
ters fear it will affect the growth of these two
sectors, which are the major revenue earners
in the industrially backward state.
Noted film director Adoor Gopalakrishnan
says that this misconceived prohibition will
have a catastrophic outcome, as it will lead
to the free flow of spurious liquor.
PATIENT WAIT
A common sight at a
liquor outlet in Kerala
45
SOCIETY/
Why was prohibition imposed and
rushed through without any
consultation?
The scourge of alcohol was fast eroding
Keralas society and the state had
attained a rather dubious distinction of
having the highest number of alco-
holics. It was not a decision taken in
haste. In fact, society at large has been
in favor of banning liquor for quite
some time. Recently, the demand
reached an all-time high and the politi-
cal fraternity in Kerala also felt that the
time had come to take a bold move to
uproot this evil. The matter was finally
taken up by my government and the
political will and consensus that
emerged, resulted in a decision for
phased ban of alcohol.
Prohibition has failed in various
states. Dont you think people will
now go to bootleggers or take
spurious liquor, leading to hooch
tragedies?
It failed in many states because most of
them implemented it unscientifically.
We are doing it in a phased manner
and along with that, are educating peo-
ple on the need for such a move. We
are now closing down all bars, except
those in Five Star hotels. Kerala State
Beverages Corporation (Bevco) outlets
will continue, with 10 percent of them
winding up every year. It will take 10
years to reach a liquor-free Kerala. This
is our preparatory period and we will
continue to focus on educating people.
We will also be vigilant against spuri-
ous liquor. The police and the excise
personnel have been directed to con-
front this challenge in the days to
come. We are also strengthening our
campaigns against the usage of
intoxicants and the present drive,
Clean Campus, Safe Campus, of the
home department will be intensified.
The liquor industry contributes over
`8,000 crore to the state exchequer.
How will you make up for it?
I agree that the revenue loss is bound
to create a dent in our economy. But,
how can one overlook the burgeoning
trend of alcohol consumption in
Kerala, which has led to increase in
crime rates, disintegration of families,
road accidents, health problems and
divorces? In fact, the social cost is
much higher than the economic cost.
Wont this hit tourism, one of the
main sectors in Kerala?
We still have the option of beer and
wine parlors, so it is not fair to say that
the tourism sector will be affected
badly. It is also a false notion that
liquor of strong grade is an inevitable
component of Keralas tourism sector.
A good majority of foreign tourists do
not prefer IMFL.
This issue has also taken on
religious connotations with some
Hindu outfits seeking a ban on wine
served in churches. Your comments.
It has nothing to do with our new
abkari (liquor) policy. Wine is used in
churches as part of the religious
practice of Christians.
What is the rehabilitation package
being worked out for those rendered
jobless due to the closure of bars?
We have introduced two new schemes,
viz., Punarjani 2030 and Kerala
Alcohol Education Research,
Rehabilitation and Compensation
Fund (KAERCF) for rehabilitating
employees of bars that will be closed
down (other than those attached to
hotels). The fund for this will come
from the 5 percent cess levied from the
sale of liquor through Bevco outlets.
Apart from this, the excise department
will also have its own assistance pro-
gram to rehabilitate the staff of BEVCP
outlets, who will lose their jobs with the
closure of some outlets on a yearly
basis. The fund for KAERCF will be
generated from voluntary donation of a
days salary by Keralites residing inside
and outside the state. KAERCF will be
mainly utilized for various awareness
campaigns against the evils of alcohol
consumption.
Critics say the move is a political one
to checkmate chief ministerial rival,
KPCC president VM Sudheeran?
The new abkari policy has been arrived
at after having sufficient discussions
among KPCC, coalition partners in the
UDF and after taking into account the
increasing demand for alcohol ban
from society itself. Everyone has
wholeheartedly welcomed the decision.
Social costs of alcoholism
higher than economic costs
Kerala has the dubious distinction of having the highest per
capita consumption of liquor8.3 litersas compared to
the national one of four liters. It is, therefore, a moot
question how prohibition will be enforced. But Chief Minister
Oommen Chandy is optimistic that the ban will be a
success. Excerpts from an interview with Shobha John
46
September 30, 2014
Excise minister K Babu lamented the lack
of machinery to ensure effective implementa-
tion of this decision. He said there would not
be enough excise staff to deal with the flow of
hooch and spread of drugs as a result of the
phased prohibition. He is already grappling
with a sharp rise in narcotic and abkari
(activities related to manufacture and sale of
alcoholic drinks) cases.
According to Babu, since 2011, 1,769 per-
sons were arrested in connection with 1,618
narcotic cases. About 2,690 kilograms of
ganja, 6.12 kilograms of heroin, 7.41 kilo-
grams of hashish, 5,448 narcotic ampules, 65
grams of charas, 2.34 kilograms of brown
sugar and 1.355 grams of opium were seized
during the period. Babu says prohibition
would confound the situation as drinkers
may switch to ganja, heroine and other dan-
gerous substances.
Home Minister Ramesh Chennithala has
already warned of an attempt by an interna-
tional racket to lure the young generation to
drugs. He feels that prohibition will help the
gang which is now active around campuses to
spread its tentacles. It will not be easy for
the excise department to check the menace as
drug abuse is not easily detectable, he added.
SPIKE IN CRIMES
The excise department now anticipates a
sharp rise in cases of illicit brewing and
smuggling of spirits and liquor from other
states. Out of the 14 districts in Kerala, 10
border Karnataka and Tamil Nadu, where
there is no restriction on liquor sale.
Moreover, Mahe, part of the Union territory
of Puducherry, where liquor is 40 percent
cheaper than Kerala, is within the states ter-
ritory, surrounded as it is by the northern dis-
tricts of Kozhikode and Kannur.
The numbers say it all. Cases reported
under the Abkari Act have witnessed a quan-
tum jump in recent years. They relate to illic-
it brewing and smuggling and went up from
just 1,975 in 2008 to a stupendous 48,828 in
2013. Till May this year, 20,120 such cases
were registered.
To curb these rising crimes, Babu will
need the help of the police, but the home
minister has pleaded his helplessness, saying
his men are already overburdened. Plus, the
creation of new posts may not be possible
until the state overcomes the financial crisis
caused by prohibition.
Finding alternate sources of funding to
meet the deficit is not easy in a state where
industry and agriculture are almost stagnant.
Liquor has contributed nearly 25 percent of
the states revenue receipts for the past sever-
al decades.
Chandy is, however, not worried as he
says the state was spending more on health
and other issues triggered by liquor con-
sumption. He stresses that prohibition would
benefit the state in the long run. He has also
dismissed concerns about the success of pro-
hibition. I am aware prohibition has failed
wherever it was implemented. Ours is not
total prohibition that others have tried, but a
march towards prohibition through promo-
tion of abstinence. We will carry out a sus-
tained campaign during the next 10 years
against alcohol. I am sure this will help
drinkers realize the hazards of drinking and
make them quit the habit, he adds. While
Chandy may describe his governments liquor
policy as a revolution, others feel it will bring
in social anarchy. It waits to be seen how dif-
ferent this prohibition will be.
Manipur: The state was declared a dry
state on April 1, 1991. The state loses
`300 crore every year due to the ban.
Liquor is still sold illegally.
Mizoram: A bill on liquor prohibition and
control was cleared by the assembly in
July, which has replaced an old act. `300
crore is lost in revenue every year. Liquor
travels into the state through smuggling.
Nagaland: Prohibition since 1989.
Estimated loss `50-60 crore. Liquor can
be arranged from Assam and Myanmar.
Gujarat: Prohibition imposed right since
its formation in 1960. The state loses
`5,000 crore per year. Liquor comes in
illegally from Rajasthan and Gujarat and is
carried into the state by bootleggers.
Special permission can be had on medical
grounds for consuming limited quantity.
Officially banned
IL
47
activists feel
that legalizing
prostitution will
lower crimes
against women.
but no one
wants to bell
the cat
By Divya A
RAW DEAL
Sex workers in India had more rights
before Independence than what
they have now
SOCIETY/
sex workers
T
HE year was 1993. Freedom fighter Kharaiti
Ram Bhola had won another battle after waging
it for seven long years. The Supreme Court (SC)
had finally ruled in his favor, giving children of
sex workers the right to go to school. The court
had issued a notification to all schools to allow either the
fathers or the mothers name in the admission form, as
opposed to the earlier practice of having only the fathers.
The ruling came into effect in Delhi but was subsequently
applied countrywide. Not only that, its ambit was widened in
1996 to allow the mothers name to be incorporated in all gov-
ernment and non-government forms in the country.
That was a watershed moment in the history of social jus-
tice in India. Though children of sex workers were mostly
GREEN LIGHT FOR
Amarjeet Singh
48
September 30, 2014
face social stigma and ostracization but are
also bereft of the benefits of governmental
schemes and other entitlements, says Bhola.
A huge amount of the money these women
earn, goes to touts, brothel owners and
policemen. If the profession is regularized,
sex workers can use their earnings to educate
and bring up their children, he states.
In India, unlike other professions, which
are protected by labor laws, sex workers
arent. According to researches carried out
globally, it is estimated that as many as 10
million children are engaged in prostitution,
with many of them being the children of
brought up by mothers, schools didnt recog-
nize just their name during enrolment and
insisted on the fathers name too. Due to this,
these children were refused the fundamental
right to education. In the wake of the judg-
ment, as many as four crore fatherless chil-
dren got admission in schools, out of which
33 lakh were offsprings of sex workers,
according to surveys.
FULFILLING CRUSADE
Bhola, now 86, lives in Delhis Patel Nagar
and runs an NGO for destitute women, called
Bharatiya Patita Udhar Sabha (BPUS), which
runs five schools in the red light areas of
Mumbai, Delhi, Varanasi, Ahmedabad and
Surat. It has 600 children on its rolls. Even
though BPUS was founded in 1984, the turn-
ing point of Bholas crusade came with the
1993 SC directive. I consider this a land-
mark decision towards establishing the
rights of sex workers in India. Without a
fathers name, sex workers children were not
taken into schools. Thats 24 lakh sex workers
and their 54 lakh children, he says, sitting in
his office on Najafgarh Road in West Delhi.
Bhola has now taken his fight to the next
levelrequesting the government to legalize
prostitution. He says: This is the worlds old-
est profession and no one has been able to
stop it. During the East India Companys
rule in India, the British set up comfort
zones for their troops. Women were brought
from Europe and Japan to service British sol-
diers and local Indian men. Bhola says that
before Independence, prostitution was a rec-
ognized profession in India; sex workers
were given licenses to practice their trade.
SAD PLIGHT
But now, the biggest sufferers are children of
these sex workers. Since the profession of
their mothers is not recognized, they not only
Once prostitution is legalised, sex workers can
use their earnings to educate and bring up
their children, says Kharaiti Ram Bhola who
runs an NGO for destitute women.
RED LIGHT AREAS
RECENTLY, a national award-winning actress was arrested
along with her pimp for practicing prostitution and has
been sent to a rescue home run by the women and child
welfare department.
However, the Immoral Traffic (Prevention) Act, 1956
defines prostitution as the sexual exploitation or abuse of
persons for commercial purposes or for consideration in
money or in any other kind, and the expression prostitute
shall be construed accordingly.
Therefore, it is clear that the practice of selling ones
own sexual service voluntarily or the sexual activity in
exchange for a fee, between two consenting adults in pri-
vate is not a crime.
What is illegal is pimping, keeping and operating a
brothel or a third party benefitting from the prostitution
activity. Therefore, the charges against the actress are
highly debatable.
What the law says...
49
fears to enter the red-light areas due to the
fear of police and touts....The time is ripe for
the central government to legalize the profes-
sion in India, as has been done by 164 coun-
tries in the world....Till the time it is done, the
government must issue licenses to sex
workers to carry on their profession without
any fear.
STOPPING HEINOUS CRIMES
Examples elsewhere have proved that if pros-
titution is legalized, people who wish to satis-
fy their sexual urges will go to prostitutes
rather than commit heinous crimes, such as
rapes. The late Khushwant Singh had
remarked once: the necessary step (to
prevent rape) is to legalize prostitutioncar-
ried out in brothels or by call-girlsprovided
the sex workers are adults and have not been
forced into the trade. The more you try to put
down prostitution, the higher will be the
incidence of crime against innocent women.
You may find the idea repulsive but ponder
over it and you will realize there is substance
in the argument.
So what does the law say about sex work-
ers? The Immoral Traffic (Suppression) Act
(SITA), which came into force in 1956, says
that prostitutes can practice their trade pri-
vately but cannot solicit customers in public.
Clients can be punished for sexual activity in
proximity to a public place, while organized
prostitution (brothels, prostitution rings,
pimping) is illegal. In practice, SITA is not
commonly used. The Indian Penal Code,
which predates SITA, is often used to charge
sex workers with vague crimes such as pub-
lic indecency or being a public nuisance. In
1986, SITA was amended to become The
Immoral Traffic (Prevention) Act or PITA.
This was intended as a means of limiting and
eventually, abolishing prostitution in India
by gradually criminalizing various aspects.
Its obvious that this contentious issue
needs to be handled maturely. But are we up
to it?
The author is Sanskriti-Prabha Dutt
Fellow for the year 2013-14. She works with
The Indian Express in New Delhi
sex workers. They are forced to live in ghettos
along with their mothers and have limited
options as they grow up. By legalizing prosti-
tution, these minors can be weaned away.
Bhola, who is a member of the Central
Advisory Committee, Ministry of Woman
and Child Development, maintains that
legalizing prostitution doesnt imply, by
default, that we are encouraging it. In the
aftermath of the December 2012 Nirbhaya
gang rape incident in Delhi, he even wrote to
Justice JS Verma, who was heading the com-
mittee constituted to review anti-rape laws,
and asked for prostitution to be legalized.
His letter said: Due to the non-legaliza-
tion of sex trade in India, anyone wanting sex
IL
Oldest profession
The number of female sex workers in India: Over 30 lakh
Percentage of prostitutes who enter the trade
before 18 years: 35.47
Number of children involved in prostitution: 12 lakh
States with high concentration of prostitutes: Delhi, Uttar
Pradesh, Bihar, Rajasthan, Gujarat, West Bengal, Assam,
Madhya Pradesh, Karnataka, Andhra Pradesh, Orissa, Goa,
Tamil Nadu
Countries where prostitution, pimping and brothel-owning
are legal: Netherlands, New Zealand, Venezuela, Indonesia,
Greece, Germany, Ecuador, Canada, Nicaragua, and
parts of the US
SOCIETY/
sex workers
Saibal Das
50
September 30, 2014
RIGHTS/
consumer fora
that sums up the plight of consumers in courts. but with
the likely amendment of the consumer protection act,
succor could be in sight
By Anita Katyal
I
T began with a bang of a promise, but
ended with a whimper. When the
Consumer Protection Act was enact-
ed in 1986, it was hailed as a land-
mark legislation. Consumers had rea-
son to celebrate, as the law had finally
recognized their rights by providing them a
grievance redressal mechanism while holding
the seller accountable. Earlier, consumers
could do precious little when saddled with
defective goods or unsatisfactory services.
Finally, the consumer was the king.
But 28 years down the line, there is a seri-
ous rethink about the efficacy of the law.
Various studies conducted by consumer organ-
izations have revealed that the act has failed to
provide speedy and simple justice. Consumers
have kept away from the redressal forums
THE LONG &
WINDING ROAD
Anil Shakya
51
stating that 50 percent of members selected
for these fora should have a judicial back-
ground be deleted. This will allow the entry of
experts and eminent people in place of those
from the legal fraternity.
LEGALLY UNTENABLE?
These two provisions have predictably put the
proverbial cat among the pigeons and pitted
lawyers against consumer organizations. It
could even spiral into a prolonged legal battle.
Lawyers have decried the move on their
ban, stating this is not legally tenable and will
place the consumer at a disadvantage, as he
will be deprived of the much-needed legal
assistance. Consumer activists, on the other
hand, maintain their studies have shown that
it is possible to settle many cases quickly and
that the periodic adjournments sought by
lawyers lead to unnecessary delays.
The provision keeping out lawyers needs
to be treated with the contempt it deserves.
Our experience shows that lawyers are
required to settle consumer disputes, as these
do involve legal issues. This will be challenged
in court and thrown out, says Lalit Bhasin, a
Delhi-based senior lawyer.
Endorsing Bhasins view, upcoming lawyer
Mohit Abraham feels it is an unfair clause
because it denies legal assistance to consumers
who may not want to argue their own case.
Having a counsel of ones choice is a funda-
mental right of a person. Its a different matter
if a litigant wants to argue his own case, but
how can an act lay downno lawyers? asks
Abraham. He agrees with Bhasin that such a
provision will not stand judicial scrutiny.
LACUNAE IN COURTS
The proposed provision, he says, is based on
the fallacious assumption that lawyers alone
are responsible for the delay in adjudicating
cases. What this implies is that if you remove
lawyers from the scene, everything will work
beautifully, he says, adding that the problem
is far more deep-rooted.
The infrastructure at the district and state
consumer disputes fora should be improved
and they should be provided with more man-
power if the cases are to be disposed off at a
faster pace. Abraham says if lawyers are delay-
ing cases by seeking periodic adjournments,
52
September 30, 2014
Consumers have
kept away from
the redressal
forums because
of long delays
and knotty
procedures. The
compensation is
not also worth
the time
and effort.
RIGHTS/consumer fora
because of long delays in deciding cases and
knotty procedures adopted by them. Even the
compensation awarded is not worth the time
and effort.
ON GOVERNMENTS AGENDA
Prodded by consumer organizations, the
Congress-led UPA government had amended
the Consumer Protection Act, but unfortu-
nately, the bill could not be passed during its
regime. The new minister for consumer affairs
in the BJP-led NDA government, Ram Vilas
Paswan, has put this law on his priority list
and initiated fresh consultations on it so that
the bill can be passed in the winter session
of parliament.
There is no doubt that the 1986 act has
become datedthere have been profound
changes since then....new delivery mecha-
nisms are now in place, while consumer
expectations have also changed. So, we felt the
need to modernize the law to bring it abreast
with current conditions, says G Gurucharan,
additional secretary, Department of Con-
sumer Affairs.
Gurucharan maintains that the original
objectives of the law had been defeated
because of poor practices and the manner in
which redressal fora were functioning. They
have become court-like with their excessive
emphasis on judicial processes, he says.
However, in the process of providing sim-
ple, affordable and speedy justice to con-
sumers, the state could end up inviting the
wrath of the legal fraternity. There are two key
amendments in the proposed bill, and these
have raised the hackles of lawyers and judges.
A new provision has fixed the monetary
limit of goods or services up to which advo-
cates shall not be allowed in consumer dis-
putes. For instance, neither party can engage
a lawyer in the District Consumer Disputes
Redressal Forum if the value of the goods
and the compensation claimed is less than
`5 lakh. The monetary limit is fixed at
`50 lakh for the State Consumer Disputes
Redressal Commission and `1.5 crore for the
National Consumer Disputes Redressal
Commission.
The second controversial provision per-
tains to the composition of these redressal
fora. It is proposed that the present clause
53
members of consumer disputes fora should be
empowered to penalize them instead of doing
away with them.
The overwhelming view in the legal frater-
nity is that the problem does not lie with
lawyers alone, but also with the quality of peo-
ple selected to serve as members on consumer
redressal fora. Most do not show up regularly
to hear cases, while virtually all consumer
courts do not function for more than half-a-
day. As a result, cases keep piling up, leading
to an average disposal time of three years.
Lawyers also disagree with the deletion of
the clause stating that 50 percent members on
such fora should have a judicial background.
Both Bhasin and Abraham maintain that a
legal background is critical, as consumer dis-
putes require interpretation of laws. The
issue here is not whether people have a judicial
background the important thing is to get the
right kind of members, Abraham says, adding
that if the law is not interpreted correctly, it
could be challenged which, in turn, would
result in further delays.
Needless to say, consumer activists are not
on the same page as lawyers. George Cheriyan,
director of Jaipur-based Consumer Unity &
Trust Society, who served on the three-mem-
ber committee that drew up the amendments
to the Consumer Protection Act, says their
studies have shown that the intervention of
lawyers and frequent adjournments sought by
them led to long delays in settling disputes.
Cheriyan points out that the entry of
lawyers often puts a consumer at a disadvan-
tage, especially when he is battling a powerful
corporate house as it has the funds to hire a
battery of legal experts. He says the manner in
which consumer dispute fora have been func-
tioning has defeated the whole purpose of set-
ting them up.
SPEEDY RELIEF
These fora were not meant to function like
regular courts but were envisaged as an alter-
native system to provide speedy relief to har-
ried consumers. That was the reason they
were not referred to as courts. But over the
years, these fora have been converted into reg-
ular courts, bemoans Cheriyan.
Despite their differences, lawyers and con-
sumer activists agree with the proposal to
introduce a chapter to the act providing for the
constitution of mediation cells. These cells at
the district, state and national levels are meant
to encourage people to opt for settlement
through mediation and will reduce the waiting
period for the disposal of cases.
Bhasin says mediators are already being
used, but the act has now made a provision to
institutionalize the system. Abraham, howev-
er, says it should not be made compulsory and
should only be explored as an option if both
parties agree with it.
Eager to get the bill passed at the earliest,
Gurucharan says outstanding issues would be
sorted out through further consultations with
the concerned stakeholders. While there may
be differences on specific provisions, he says,
the proposed bill has amendments which will
benefit consumers.
For instance, Gurucharan says, the bill
envisages the constitution of a Consumer
Protection Authority on the lines of US Trade
Commission to deal with unfair trade prac-
tices and class actions.
In addition, a special provision has been
included for imposition of penalties in cases
of product liability and misleading advertise-
ments. In an effort to protect consumers, it has
been proposed that only one appeal will be
allowed against the order of a district, state or
national fora. We find that cases drag on for
years because those unhappy with an order
keep appealing to a higher authority. We,
therefore, decided to limit the appeal to one,
Gurucharan says. It is hoped this will provide
speedy justice to litigants. IL
SHOWINGEM
THE DOOR
The new consumer
protection rules,
once passed by
parliament, aims to
lessen the
involvement of
lawyers at various
consumer disputes
redressal forums
the media needs to ask tough questions about this act if a solution
has to be found to the future of irom sharmila
By Kishalay Bhattacharjee
54
September 30, 2014
WHATS THE
REAL PICTURE?
RIGHTS/
afspa
protest? There have been cases when people
on fast were force-fed but they were never
arrested and thrown into police vehicles.
Second, why dont respective state govern-
ments withdraw the Disturbed Areas Act say,
for example, from Tripura, Mizoram, Megha-
laya or most of Assam where insurgency has
been countered? What are the benefits of
having the Disturbed Areas tag, which allows
AFSPA to provide protection to rogues?
AFSPA is about impunity and Sharmilas
protest is against it. The security forces kill
with impunity and get away with murder.
I
t took one day for the army to take action
against a Brigadier charged with sodomy
in his unit in Jammu and Kashmir on
August 23, 2014. But 14 years have passed
since soldiers shot dead 10 people waiting at a
bus shed in Malom, Manipur. Why hasnt any-
body been punished or held accountable?
It is not so much the act but the pattern of
getting away with murder under the act that
triggers protests. Soldiers have got away with
allegations of rape, citing AFSPA, and the
police, not covered under AFSPA, has used it
as a protective gear to carry out staged
encounters.
If various arms of the government are in
favor of amending the act, how has the army
prevailed over them?
Till all these questions are answered and
Sharmila called for talks instead of being
treated like a criminal, the stalemate over
AFSPA will continue.
I
T may have taken a decade, but Irom
Sharmila is now a household name.
The human rights crusader from
Manipur, who was on hunger strike
for 14 years protesting against alleged
army atrocities, was released from hospital
detention by a sessions court in Manipur on
August 19. However, she was re-arrested two
days later as the government charged her with
attempted suicide.
Sharmila, who has been protesting against
the Armed Forces (Special Powers) Act 1958,
(AFSPA) went on hunger strike in 2000 and
was force-fed by doctors through a tube going
into her nose. While the media paid token
attention to how she was locked up once again
and every discussion on her as well as AFSPA
leads to army bashing, one must know what
the act is all about, how it has been misused.
An emergency ordinance, AFSPA was
enacted in 1958 and has been extended over 55
years to help the army operate in disturbed
areas. The act is draconian in nature and
allows the army and paramilitary forces to kill
anybody just on suspicion. There is an over-
whelming majority of people who want this to
go. The civilian government and its func-
tionaries want it to be amended and made
more humane. But the army says no.
Government-appointed commissions have
rejected its validity, with the National Human
Rights Commission saying it has been misused
by the army. But does AFSPA serve the pur-
pose it was meant to? It is no longer just about
an enabling act for the army to operate in
insurgency theaters. It has morphed into a tool
for indulging in narcotics and gun-running by
the army and police forces.
These facts have not been played up.
Retired generals defend AFSPA vehemently
and irrationally. Others attack the army.
Family members of victims are paraded.
Human rights activists raise the pitch, while
politicians manage to escape the heat. The
militants dont even figure in the discussion.
And Sharmila is just a silent picture in the
background with a plastic tube attached to her
nose and a dogged look in her eyes.
The media needs to ask some pressing
questions on the issue. One, why is the govern-
ment so scared of following court orders to let
Sharmila continue with the non-violent
RELENTLESS
FIGHT
(Facing page) Irom
Sharmila appearing
in Patiala court in
May 2014; (above)
speaking to the
media immediately
after her release on
August 20
55
IL
UNI
ENVIRONMENT/
gir lions
A ROARING
RUMPUS
56
September 30, 2014
though the sc has
ordered the gradual
translocation of the
big cats from gir forest
in gujarat to kuno
palpur in madhya
pradesh, the wait
continues
By Rakesh Dixit
girasiaticlions.org
T
he lion may be the king of the jungle, but the
future of these animals in Gir forest are in some-
one elses hands. An ambitious `79-crore plan to
relocate the first batch of some 400 lions from
Gujarat to Kuno Palpur in Madhya Pradesh is in
doldrums, as it awaits a nod from the National
Board of Wildlife headed by Prime Minister
Narendra Modi. The relocation follows a Supreme Court (SC) order
on April 15 last year.
Despite the deadline for implementation having lapsed almost a
year ago, MP is not pushing for it, though it is eager to fund the
entire plan without waiting for the centers allocation. A senior MP
minister said the central government was far from being cooperative,
but MP didnt want to press the point due to political considerations.
MP chief minister Shivraj Singh Chouhan is seen as a staunch
Advani camp follower and does not want to be seen sparring with
either Gujarat or the center, both BJP-ruled.
LONG WAIT
The forest department of MP has already sent two reminders to the
Ministry of Environment and Forests (MoEF) this year to start the
relocation process, but nothing has moved. MPs chief wildlife war-
den Narendra Kumar says: I have written to the ministrys expert
committee to initiate operations for shifting the lions at the earliest.
We are ready from our side. Incidentally, Kuno Palpur was chosen as
an alternate home for Asiatic lions during a feasibility study by the
Wildlife Institute of India (WII).
State forest minister Gauri Shankar Shejwar says: Chief
Minister Shivraj Singh Chouhan has already earmarked `30 crore to
make Palpur-Kuno an appropriate home for lions. Although he
refuses to comment on the reasons for delay, he adds that on the
direction of the monitoring committee constituted by the SC, MP
has rehabilitated two villages that would get displaced when the
lions come to a national park in Kuno Palpur.
The committee, headed by wildlife scientists Ravi Chellam and
YV Jhala, had chalked out how these lions would be shifted. It had
recommended the shifting of a single pride of five to ten Asiatic lions
with 60-70 percent female population in the first set over the next
two years. Every three to five years, two-three lionsmostly male
should be translocated from Gir to Kuno to maintain the inter-link-
age between lion populations in the two sanctuaries, it had suggest-
ed. This would continue for 25 years.
Chellam, a well-known conservationist and former director of the
Wildlife Conservation Society of India, says: Kuno was chosen
because of its size3,000 square kilometersand diverse prey base.
Lions need lots of space, plenty of prey and protection from people.
Wildlife studies have shown that the prey count in Kuno was higher
than in Gir. MP has already spent `14.5 crore for relocation of 1,543
families from 24 revenue villages so that an alternate habitat could
be made for Gujarats Asiatic lions.
57
Gujarats lions come from a very
narrow genetic base... and that
makes them very vulnerable. In
case of an epidemic, they could
even be wiped out.
National Board of Wildlife member
Prerna Singh Bindra
IL
ture that the Gujarat government vehemently
cited in the SC to forestall the translocation of
its lions.
The Gujarat governments eight-year-long
legal battle was based on two arguments. One
was that man-animal affinity in and around
Gir had ensured the growth of Asiatic lions
from near extinction a century ago to a teem-
ing population of 400. Two, the gun culture
prevalent around the proposed home in MP
poses grave danger to their survival. The wip-
ing out of tigers from Panna National Park
near Kuno Palpur was repeatedly cited in
court. But the MP government reminded the
court that tigers had been successfully reintro-
duced in Panna. If tigers can be translocated
successfully, why cannot lions, it argued.
WHOSE PROPERTY?
While setting a six-month deadline to start the
translocation, a bench of Justices KS Radha-
krishnan and CK Prasad ruled: No state can
claim the right over an animal merely because
the animal is housed in a particular state. It
does not become the property of that state, it
belongs to the country. Subsequently, a des-
perate Gujarat government filed a curative
petition in court for review of the order, but
that too was rejected on August 16 this year by
a bench headed by Chief Justice RM Lodha.
Welcoming the ruling, wildlife experts
pointed out that it was vital to safeguard the
long-term future of these lions. Gujarats lions
come from a very narrow genetic base of about
25 animals at the turn of the last century, and
that makes them very vulnerable, says
National Board of Wildlife member Prerna
Singh Bindra. In case of an epidemic, they
could even be wiped out, and hence, its impor-
tant that they have a second home.
MK Ranjitsinh, Wildlife Trust of India
chairman, also welcomes the courts interven-
tion. I had helped set up Kuno sanctuary
when I was MPs forest secretary, so it is a
dream fulfilled that lions will be introduced
there, he said.
Now, the ball is in the court of Modi, who is
ex-officio chairman of the National board on
wildlife. As Gujarat CM, Modi had sparred
with the then environment minister Jairam
Ramesh over relocation of lions from Gir.
Meanwhile, MP waits for the first roar of
the Asiatic lion.
The translocation is about strengthening con-
servation prospects. At the moment, all our
eggs are in one basket and that is a huge risk,
says Chellam.
During the first deliberations of the SC
committee on July 29, 2013, the panel had
brushed aside Gujarats objections to the
process. MP forest department sources clai-
med that the committee was satisfied with the
progress for translocation in Kuno Palpur.
ROYAL SIMILARITIES
By a strange quirk of royal history, Gir and
Kuno Palpur have something in common. By
the end of the 19th century, lions had all but
vanished in India. However, only the nawab of
Junagarh painstakingly managed to keep a
dozen of them alive in Gir forest under his
state. Around this time1904 to be precise
the then Maharaja of Gwalior had introduced
some African lions in Kuno Palpur, presum-
ably on the advice of Viceroy Lord Curzon.
Unfortunately, while the nawabs conservation
initiatives triumphed, the maharajas experi-
ment failed miserably, as his lions raided live-
stock and some even became man-eaters and
had to be shot dead. Wildlife experts attrib-
uted the decimation of the African lions to the
notorious gun culture of the once dacoity-
infested Chambal-Gwalior region, of which
Kuno Palpur is a part. And it is this gun cul-
58
September 30, 2014
ENVIRONMENT/
gir lions
Why the
long march
THE SCs verdict to shift
the lions was primarily
guided by wildlife experts
concern that a single
population of Asiatic lions
in Gir faces the threat of
epidemics, natural
disasters and other
anthropogenic factors.
This was precisely the
gist of a study initiated by
the Wildlife Institute of
India (WII) in 1986.
The study found that
the lions largely preyed
upon wild herbivores
such as sambar and
chital and the size of their
home range was 70
square kilometers for
females and 140 square
kilometres for males. It
found that Gir Wildlife
Sanctuary was highly
overpopulated with lions.
There were numerous
deaths because of
ever-increasing
competition between
humans and animals.
Based on this study,
MoEF conceived the
project to safeguard
these lions.
WII researchers
confirmed that the
Palpur-Kuno Wildlife
Sanctuary was the most
promising location for
Asiatic lions and in 2007,
certified it ready to
receive its first batch
of lions.
Views On News (VON) is Indias premier fortnightly magazine that covers the wide spectrum
of modern communication loosely known as the media. Its racy, news and analysis oriented
story-telling encompasses current global and Indian developments, trends, future projections
encompassing policy and business drifts, the latest from inside the print and electronic
newsrooms, the exciting developments in ever-expanding digital space, trending matters in
the social media, advertising, entertainment and books.
EVERY FORTNIGHT VIEWS ON NEWS WILL BRING YOU TELL-ALL NEWS, ANALYSES AND
OPINION FROM THE SHARPEST INVESTIGATIVE REPORTERS AND MOST INCISIVE MINDS
IN THE NATION
An ENC Publication
If the media is leaving you behind, stay ahead of it by
picking up yesterdays Views On News!
VIEWS ON NEWS
Dont miss a single issue of this stimulating, unbiased,
entertaining new fortnightly magazine and get special
discounts for yourself and your friends
E. N. COMMUNICATION PVT. LTD.
A -9, Sector-68, Gautam Buddh Nagar,
NOIDA (U.P.) Pin : 201309.
Phone: + 9101202471400432 / Fax: + 9101202471411
editor@viewsonnewsonline.com / sales@viewsonnewsonline.com
www.viewsonnewsonline.com / www.encnetwork.in
P
L
A
Y
IN
G
T
O
T
H
E

G
A
L
L
E
R
Y

SEPTEMBER 22, 2014 100
MEDIA HYPE
MUCH ADO ABOUT
VIRAT AND ANUSHKA
FILMS
KATIYABAAZ: INDIAS
SCISSORHANDS
BEST DESIGNS
FROM THE WORLD OF
ART AND MEDIA
THE CRITICAL EYE
In the current cacophony of
breaking news and hysterical TV
debates, is the Indian press in
danger of losing its credibility? 12
Anchor Review
bindi zction
Baat pate ki
BY DILIP BOBB
VIVIAN FERNANDES shows how the little guys
are challenging big media
RAJENDRA BAJPAI sees a tightening of news
noose
ANMOL DAR writes on the inside B2B
Superbrand story
PLUS
EXCLUSIVE VON-APN-TMM VOTER SURVEY
ALSO
1999 - 2014
The Best and
the Worst Ministers
TERRORISM
AS WORLD
THEATER:
ROBERT D KAPLAN
on beheading of
American journalists 28
16
24
4
4,
...starting page 62
Reel Vakils
come, walk down memory lane with
these court scenes, complete with
drama, histrionics and suspense
By Jui Mukherjee
O
RDER, order! Welcome to the
courtroom of Bollywood, where
drama and mystery are inter-
spersed with humor. A place
where the unthinkable can happen
and last minute plot twists bring
the story to a stunning climax.
Constantly on the lookout for fresh stories to translate on
to celluloid, Hindi films have always found inspiration in
a court and its tear-jerking, rage-inducing and eyebrow-
raising human interest stories.
Long before Boston Legal or Suits glamorized the
world of lawyers, Bollywood had already done that. Right
from black and white films like Awara (1951) and Kanoon
(1960), Hindi cinema has, time and again, made its pro-
tagonists don the black robe. While it is heartening to see
cinema acknowledge the important role played by law-
yers, sometimes these legal eagles would so adroitly pull
off extreme feats that the robe might as well have been
replaced by the Batmans cape.
Their histrionics would include long-winding mono-
logues that would leave the whole crowd, including the
judge, in a reflective mode. Their dramatic arguments
could bring about a sudden change of heart, and were
complete with arm flailing, sharp dialogues, emotional
scenes and such well-crafted questions that the culprit
would be trapped, willy-nilly. These vakils of Bollywood
would put even the best interrogators of CIA to shame.
These filmy adalats provided not just boundless enter-
tainment, but were educative. It is because of these scenes
that even school kids learnt phrases like mere qabil dost
(my learned friend), ba-izzat riha (acquittal), tamam
sabooton ko madde-nazar rakhte hue (Keeping all the
evidence in view) and chashmadeed gawah (eyewit-
ness), even before they knew how to multiply. Not to for-
get other popular phrases like Mi Lord, Your honour,
The court is adjourned and Objection!
Bollywood offers a plethora of courtroom scenes and
India Legal has picked up some of the most memorable
SPECIAL STORY/
bollywood/ legal scenes
60
September 30, 2014
(Sinha) are two best friends who decide to
enter conflicting professions, where one
catches criminals and the other, defends
them in court. Differences arise when they
both fall for the same woman. What follows
is intense drama not only in the courtroom
but also spilling over outside the court. Both
lead actors deliver power-packed perform-
ances making this film a must watch.
ANDHA KANOON (1983)
When it comes to unbelievable courtroom
occurrences, this one could very well top the
list. Directed by T Rama Rao and starring
Rajnikanth, Hema Malini, Amrish Puri and
Amitabh Bachchan, the film tracks the story
of two siblings (Hema and Rajnikanth), who
attempt to seek revenge on three men for
murdering their family. The scene that takes
the cake is one where Khan (Bachchan) chas-
es Gupta (Puri) around the courtroom and
murders him in full view of the public and
the judge. He then goes on to give a lengthy
monologue justifying his actions. One has to
watch it to believe such a scene was con-
ceived, executed and also accepted!
MERI JUNG (1985)
Anil Kapoor and Amrish Puri match each
other in a court in this Subhash Ghai film.
The courtroom scenes in this movie are a
classic example of why Bollywood lawyers
seem capable of moonlighting as caped vigi-
lantes. In one scene, Kapoors character Arun
Verma goes the extra mile to prove his
ones. While some made viewers applaud,
others made them squint in disbelief.
AWARA (1951)
Directed and produced by Raj Kapoor, this
film was much ahead of its time, portraying
Nargis in the role of a lawyer, Rita, who
defends her childhood friend and lover in the
court of law in a murder case. Rita dons the
black robe with pride in this flick, matching
every step of her male counterpart, setting
the tone for several Hindi films to come.
WAQT (1965)
Directed by Yash Chopra, with an ensemble
cast of Raaj Kumar, Sunil Dutt, Shashi
Kapoor, Sadhana, Sharmila Tagore and
Balraj Sahni, this classic explores a tricky
murder trial. Although very effective in its
time, today, the scene seems implausible,
bordering on mockery with its overdramatic
dialogues and actions. Sunil Dutt plays the
defense advocate and acts his heart out, com-
plete with long emotional gazes and melting
puppy eyes in a bid to engage the conscience
of witnesses. During one cross-questioning,
he engages in an entire spectrum of emo-
tions. From screaming at a witness, he moves
close and almost whispers to him, urging him
to place his hand on the Bhagwad Gita and
reverse his earlier statement. Further, in
order to prove a point about footprints at the
crime scene, he actually drags a sack drip-
ping with red liquid into the courtroom and
asks the prosecutor to enact it himself.
INSAAF KA TARAZU (1980)
This BR Chopra film too has a woman in the
role of a lawyer. Simi Garewal plays Simi, a
lawyer fighting for justice when her client,
beauty queen Bharti Saxenas (Zeenat Aman)
rape case against the antagonist is challenged
in court. The courtroom scenes in this film
too come across as melodramatic. But the
message is conveyed powerfully enough.
DOSTANA (1980)
One of the highest grossing films of the 1980,
Raj Khoslas Dostana pitted Amitabh Bach-
chan against Shatrughan Sinha in the roles of
a police officer and a lawyer respectively.
Vijay Varma (Bachchan) and Ravi Kapoor
OBJECTION, MY LORD!
(Above) Nargis in Awara, a
trend-setting movie;
(facing page) Arshad Warsi
in Jolly LLB, a true-to-life
depiction of trial courts
61
full-throated scream,
pointing fingers at the
judge as if rebuking him. At
one point, he even suggests that
the courts structure be demolished and the
books inside, burnt. This evokes an surpris-
ing reaction from the judge, who looks down
as if hanging his head in shame, like a school
boy being scolded by his teacher.
KYONKI MAIN JHOOTH NAHI BOLTA
(2001)
Inspired by the Jim Carrey starrer hit Liar
Liar, David Dhawan presented this comedy
centered around a lawyer who usually depe-
nds on lies to win his cases but is forced to
speak only the truth after his son makes a
wish that his father should only speak the
truth. Govinda plays the lead role, lawyer Raj
Malhotra. Hilarity ensues after Raj is physi-
cally unable to say anything but the truth.
The cat gets his tongue right in front of the
judge and he alienates several people in the
process. However, the film attempts to give a
message on the importance of credibility and
ethics, especially in the legal profession.
AITRAAZ (2004)
This Abbas Mustan film, starring Kareena
Kapoor, Akshay Kumar and Priyanka
Chopra, is a milestone, as it tackles the con-
troversial issue of sexual harassment at the
workplace. It has the female lead playing a
lawyer, which only a handful of Hindi films
have done. The court scenes in the film were
a hit with the audience, because of the thrill
of watching a woman boldly fighting for her
husband. The courtroom sequences and
arguments may not be very realistic, what
with last-minute witnesses and audio record-
ing over a mobile set causing a complete shift
in the verdict. However, it made for great
viewing material.
clients innocence by drinking
poison from a bottle. The whole
situation seems as implausible as
alien abductions, but provides unparal-
leled entertainment. Kapoor picks up the
bottlepresented as evidence along with a
chemical report of its contents in the court
with his bare hands. He then proceeds to
gulp down the contents and stands to tell the
tale, resulting in his clients acquittal.
Imagine lawyers doing this in real life.
In another melodramatic scene, Verma,
while arguing in a murder trial, mentions to
the judge that the soul of the victim is present
in court and is awaiting justice. He demands
that the judge heed his supernatural claims.
EK RUKA HUA FAISLA (1986)
Presenting a very different take on court-
room dramas, this Basu Chatterjee film fol-
lows the argument between 12 members of a
jury who have to infer whether an accused in
a murder case is guilty or not based on cir-
cumstantial evidence. Annu Kapoor, Pankaj
Kapur and Deepak Kejriwal, among other
actors star in the film, which is based on the
Hollywood film, 12 Angry Men. Questioning
the efficiency of a judicial system that can be
easily manipulated unless upstanding citi-
zens and professionals take notice, this film
still continues to be a cult movie.
DAMINI (1993)
Who can forget Sunny Deol screaming tare-
ekh pe tareekh in this popular Rajkumar
Santoshi film? The dialogue has come to
epitomize what ails our judicial system today,
with one adjournment after another. Figh-
ting a high-profile gang rape case against a
top-notch lawyer, Deol, in his role as Govind,
has all the machismo of a quintessential
Bollywood hero, but with a black robe
around him. His character starts off as a dis-
gruntled man, but eventually gives out a
62
September 30, 2014
SPECIAL STORY/
bollywood/ legal scenes
IL
MAINE GANDHI
KO NAHI MAARA (2005)
Applauded by film critics and
niche audiences across the country, this
Jahnu Barua film, starring Anupam Kher,
Urmila Matondkar and Parvin Dabbas, fol-
lows the descent of Uttam Chaudhary (Kher)
into a mental illness, which leads him to
believe that he may have killed Gandhi. The
film includes a courtroom sequence to prove
that the toy gun that Uttam had used could
not have killed anyone. It comprises stellar
performances by the cast, especially Kher.
NO ONE KILLED JESSICA (2011)
Directed by Raj Kumar Gupta, with Vidya
Balan and Rani Mukerji in lead roles, this
film was based on the controversial Jessica
Lal murder case. Balan played Sabrina Lal,
the deceaseds sister while Mukerji played a
journalist groping for the truth. With wit-
nesses turning hostile in the blink of an eye
and outrageous claims by a few of them like
I dont know Hindi and I was not in town,
the courtroom drama in this film kept view-
ers on the edge of their seats.
OH MY GOD (2012)
Kanji Lal Mehta (Paresh Rawal) decides to
fight a case in court against God himself in
this popular film directed by Umesh Shukla.
When his shop collapses in an earthquake
and the insurance company, with whom his
shop is insured, refuses to come to his aid
saying the mishap was an act of God, Rawal
sues the Almighty. Godmen and lawyers of
the insurance company are in for a shock as
Mehta comes up with most original argu-
ments on religion, faith and spirituality.
Courtroom scenes are especially memorable
on account of Rawals endearing and effec-
tive portrayal of a middle class man, who is
disillusioned with the
whole idea that a supernat-
ural entity watches over us. The
cross-questioning of spiritual figures
makes for high-quality comedy.
JOLLY LLB (2013)
Based on the 1999 Delhi BMW hit-and-run
case, this Subhash Kapoor film went on to
win a National Award for its entertaining yet
enlightening retelling of events. Arshad
Warsi and Boman Irani play sparring advo-
cates. The same court setting serves as a play-
ground for several laugh-out-loud moments
as well as laudable ones. From a local singer
breaking into a song inside the witness box,
to another witness being asked to sit like a
chicken and yodel for lying in court, this film
has it all. Saurabh Shukla brings alive the
character of a slouch judge, but one who cant
be fooled. Memorable monologues and excit-
ing arguments make for good entertainment.
SHAHID (2013)
Directed by Hansal Mehta and based on the
life of lawyer and human rights activist
Shahid Azmi who was assassinated in 2010,
this film is a realistic and touching recreation
of courtroom drama. Raj Kumar Yadav plays
the titular character, bringing earnestness
and passion into his portrayal. Azmi zea-
lously defends his client who is accused of
being a terrorist.
63
HUMAN INTEREST/
faith/uttarakhand
in a temple near almora, believers present their prayers
on stamped paper to golu devta
By Ramesh Menon
For Whom the
Bells Toll
64
September 30, 2014
W
HICH is the highest
court of the land? The
Supreme Court, you
would say without bat-
ting an eyelid. But for
thousands of petitioners, the only court they
trust is Chitai Golu Devta Temple, about
eight kilometers from Almora. It was built in
1638 and the folklore since is that the deity
loves to deliver justice.
So, like a typical court, scores of petitions
on judicial stamped paper of `50, `100 and `
500 denominations are strung all over the
temple, trying to attract the attention of Golu
Devta, one of the most popular deities in the
Kumaon Hills. The petitions spell out the
grievances in meticulous detail, complete
with figures, addresses, names and even
phone numbers. They eloquently display the
deep faith petitioners have in getting their
grievances addressed.
THE FINAL COURT
(Facing page) The temple
precincts; (above)
petitions hanging from a
temple wall
When their wishes are fulfilled, they come
back to the temple for thanksgiving and
demonstrate their gratitude by removing the
petition and stringing up a brass bell.
Thousands of bells thus tinkle away in the
breeze, lending a lyrical quality to the place.
DESPERATE PLEAS
Many of the petitions hanging around are
actual petitions rejected by courts. Some are
pleas urging the deity to give them quick
relief and deliver justice. The pleas are var-
ied. A lover wants to be united with his
sweetheart despite opposition from parents;
a girl wants to do well in an examination; a
young man wants a job; someone pleads for
peace at home; another wants freedom from
an alcoholic husband or even a cure for a
serious illness.
Pore through the petitions and you will
find every imaginable request. Hold your
breath, one petition had a judge praying for
elevation to the Supreme Court. When it
recently fructified, he went back, removed his
petition and hung up a brass bell. There were
numerous petitions from lawyers pleading
that they get appointed as judges.
Ponty Chadha, the real estate magnate,
had filed a petition asking for full mining
65
66
September 30, 2014
HUMAN INTEREST/
faith/uttarakhand
rights in Uttarakhand. His wish, as we all
know, was granted. Then, there are film
personalities like Raj Kumar Santoshi who
have visited the temple with petitions.
Bhojpuri film actor and singer Manoj Tiwari
hung a bell there after he became a member
of parliament. A newspaper reporter too has
a bell in his name after he found a job.
FAST WORK
But not all are lucky. One believer filed five
petitions, one after the other, as nothing
would come of the land dispute he was
involved in. He filed the fifth petition with
the help of an advocate and was amazed
when, within four hours, he got a positive
response from the police about the dispute.
The petitioners come from near and far.
Many are from Maharashtra, Uttar Pradesh,
Bihar and of course, Uttarakhand. There was
one even from distant Kerala. Clearly, faith
reigns supreme.
There are plenty of legends about the
deity and the temple. According to Kumaon
Ke Devalay, a book by Jagdishwari Prasad,
Golu was the son of a king from Champawat,
the ancient capital of Kumaon. Unknown to
his father, his wicked stepmothers stealthily
spirited him away as they didnt want him to
become the next king. From a young age, the
child suffered injustice. He put up a success-
ful fight against his tormentors and killed
them by tossing them into boiling oil. After
he was crowned, he was catapulted as a god
who dispensed justice to all.
Another legend is that Golu was a general
in the army of Baz Bahadur, the king of
Chand between 1638-78, and died displaying
exemplary valor during a war. So, a temple
was built in his honor and those who visited
it got justice.
Many also consider Golu Devta as an
incarnation of Shiva, who was born to dis-
pense justice in an unfair world. The pres-
ence of Golu Devta also extends beyond the
little temple. All around it are pictures of the
deity as well as small images for sale. To keep
the legend alive, numerous juicy folk stories
revolve around Golu Devta.
Those who have benefitted swear by the
power of the God of Justice. Others are just
amused by the tales.
MARK OF GRATITUDE
(Facing page) Bells tied
by devotees whose
wishes were fulfilled;
(above left) a petition
on stamp paper; the
benevolent diety himself
One petition had a judge praying for
elevation to the Supreme Court. When it
recently fructified, he went back, removed
his petition and hung up a brass bell.
67
IL
GLOBAL TRENDS/
islamic state / spreading out
the free run of
jehadis in syria
and iraq has got
the world alarmed.
but they have
been nurtured by
the united states
itself and are now
striking back at
the superpower
By Seema Guha
T
HE world has suddenly woken up to the dangers of the
Islamic State (formerly the Islamic State of Iraq and
the Levant), a force once inadvertently funded by the
US, its western allies and Arab states like Saudi Arabia,
UAE and Qatar. The video tapes of the barbaric behea-
ding of two American journalists, James Foley and
Steven Sotloff, brought back memories of a similar
incident, when another American journalist, Daniel Pearl of The Wall
Street Journal, was beheaded in Pakistan. Then, as now, the world was
shocked. The message accompanying the ghastly images was both crude
and chilling, warning the US to stop the bombing of IS targets in Iraq. It
said, as your missiles continue to strike our people, our knife will con-
tinue to strike the necks of your people.
Yet, much before this, Syrian soldiers battling jehadis in Syria were sim-
ilarly beheaded. The world did not pay much attention then because those
killed were on the wrong side, fighting for President Bashar al-Assad.
CANCEROUS FORCE
Very little was known of this group, till they overran the Iraqi army and
took control of large swathes of territory. In Syria, where Aleppo and other
towns had fallen to the jehadis, no one had bothered much, happy that
METASTASIS
UNI
68
September 30, 2014
The Americans created monsters who turned
against them. They poured huge amounts of
weapons and money to arm the Mujahideen
to take on the Russians in Afghanistan.
those opposed to Damascus were gaining
ground in Syria. But today, the IS is like a
fast-spreading cancer, which needs to be
eliminated before it takes control of more
areas. The US has begun air strikes on the IS,
but some believe that action should have
come faster.
Speaking after Sotloff s killing, US
President Barak Obama vowed to degrade
and destroy the IS spread across swathes of
Iraq and Syria. He conceded that this could
take time, but warned that those who took
American lives would not be spared. This is
no empty boast. The Americans proved it
when they tracked down Osama bin Laden,
10 years after the terror strikes of 9/11. The
man responsible for the murder of Chris
Stevens, the US envoy to Libya, has also been
hunted down and taken prisoner.
Americans are now realizing the potency
of the IS, which they unwittingly supported
against Damascus. Michael McCaul, chair-
man of the US House of Representatives
Homeland Security Committee, believes that
the IS poses the worst threat to the US, since
9/11. US Secretary of State John Kerry, writ-
ing in The New York Times, called for a
world coalition against terror. Whats
needed to confront the nihilistic vision and
genocidal agenda is a global coalition, using
political, humanitarian, economic, law enfor-
cement and intelligence tools to support
military action.
GLOBAL THREAT
Like the US, Saudi Arabia, which spent bil-
lions of dollars to fund jehadi Sunni groups
which gathered in northern Syria to oust
Assad, is now waking up to the threat of
funding these groups. King Abdullah earlier
this month dubbed the IS as an evil force
that must be fought with wisdom and speed.
He believes, like Kerry, that the world must
come together to fight this menace. It
would, after a month, arrive in Europe and
the month after that, in the US, he warns.
His point is that it is not just West Asia, but
the entire world, that would face the deadly
consequences of the IS.
But King Abdullah knows very well that
the IS is the byproduct of fierce rivalry
between Sunni and Shia sects in West Asia.
NO MERCY IN THEIR
LEXICON
(Facing page) Yazidi
families fleeing IS
brutalities in Sinjar town
in Iraq; (above) Iraqi
soldiers being herded to
their execution ground in
Salahaddin Division
Promoting favorite jehadi groups for strate-
gic advantage has been the rule among com-
peting powers in the region for several
decades. The rivalry was triggered by nerv-
ousness among Sunni powers, who feared
that the Iranian revolution of 1979 would
embolden Shia populations across the region
to look to the Ayatollah for guidance and act
as fifth columnists (any group of people who
undermine a larger group such as a nation
from within). Both religious and political
leaders were hand-in-glove on both sides to
fuel this rivalry. This has now gathered steam
and come to haunt all of them.
Initially, the IS was part of the rag-tag
army encouraged to fight against Assad. He
is an Alawite leader and was the target of
Sunni powers and hated by Israel and the US
for his close ties with both Iran and
69
Moscow. The Syrian opposition, which both
Sunni Arab countries and the West support-
ed, were a mix of jehadi forces and had ele-
ments of the Al-Qaeda. But Abu Bakr al-
Baghdadi, an Iraqi jehadi leader, fell out with
the Al-Qaeda and struck out on his own.
Today, the IS has outstripped the Al-
Qaeda and metamorphosed into the most
popular jehadi group, ready to change the
political contours of West Asia. Its early suc-
cess in Syria and Iraq swelled its ranks, and
fuelled ambitions to build a modern day
caliphate, stretching from the Persian Gulf to
the Red Sea, where Sharia law would be
scrupulously followed. And so, the change of
name from ISIS to the simple Islamic State.
It is ironic that Obama and King
Abdullah should now wake up to its dangers,
considering they did not pause to think
before encouraging the assorted groups to
fight Assad. It was quite clear even at that
time that the Syrian opposition fighters were
a dangerous lot of jehadis.
WRONG POLICIES
The Americans have a history of unwittingly
creating monsters that finally turn their guns
on them. The Cold War rivalry between the
US and the former Soviet Union resulted in
proxy wars across trouble spots worldwide.
There was massive inflow of arms and bil-
lions of dollars spent by them in arming the
Mujahideen to take on the Russians in
Afghanistan.
Foreigners joining the jehad and working
to free an Islamic country from Communists
were welcomed with open arms. Russia was
the enemy and it did not matter who was
armed to do the dirty work.
Once the Russians were forced out by the
Mujahideen, former president Najibullahs
position weakened considerably, and he was
finally dragged hanged for all to see. By this
time, the entire region of Pakistan and
Afghanistan was awash with arms generously
supplied by the US.
Though the Taliban was a creature of
Pakistan, the situation in Afghanistan helped
this force take control of it. Osama bin Laden
was a Saudi contractor, who attended all
American embassy parties in those heady
days and got US patronage. During the first
term of US president Bill Clinton, a section of
the state department was even keen to get
the Taliban recognized in the UN, but nego-
tiations fell through because of the intransi-
gence of this group.
Finally, 9/11 happened and the Taliban
was ousted by US forces. Despite 10 years of
US and NATO presence, Afghanistan is nei-
ther stable or peaceful. Even the recent elec-
tions results are being contested, indicating
that once the US and NATO forces leave by
the end of the year, Afghanistan may see the
GORY END
(L-R) Daniel Pearl, who was
killed in Pakistan in 2002;
and Steven Sotloff and
James Foley, American
journalists beheaded
by the IS
GLOBAL TRENDS/
islamic state / spreading out
70
September 30, 2014
The US and Saudi Arabia, who have now
woken up to the danger of the IS, did not
pause to think before encouraging the
assorted groups to fight Assad.
rise of the Taliban, threatening the security
and stability of both south and central Asia.
OUTRIGHT LIE
Another hotspot the US jumped into was
Iraq, where it invaded the country to locate
and destroy Saddam Hussains weapons of
mass destruction. This, as was evident, was
an outright lie. The idea behind the interven-
tion in Iraq was regime change, which was
deftly done. But the result was the destruc-
tion of a once-vibrant nation. Ethnic divi-
sions, Sunni-Shia bloodletting and the radi-
calization of both sects in Iraq have led to this
mess. Incidentally, the US backed Saddam
during the eight year Iran-Iraq war, starting
from September 1980.
Randall Bennett, a US specialist who
spent 25 years tracking terror in Pakistan
and Afghanistan, terms the IS specialists in
terror. In the early days, most of the jehadi
groups he dealt with were still learning and
earning their wings. Now, the IS is a profes-
sional terror outfit. This means total brutal-
ity and the odds against rescuing anyone held
by them are reduced, says Bennett.
As terror outfits get smarter, the danger
posed by them globally has increased propor-
tionately. For India, this is bad news. Already,
reports of disaffected youth from Maha-
rashtra joining the IS are emerging. The
actual numbers are anybodys guess. The
recent announcement of Ayman al-Zawahiri,
the leader of the Al-Qaeda, that more such
franchises would be opened in South Asia is
disquieting. He went so far as to name
Kashmir and Assam, while also mentioning
Myanmar, Bangladesh and Sri Lanka.
Whether this is Zawahiris bid to steal
some of the thunder from IS (which has out-
stripped it in popularity in recent months) is
not known. India is particularly vulnerable.
Two dozen committed jehadists, either of the
IS or the Al-Qaeda, can wreck havoc here.
Security expert, Bruce Riedel, writing in
The Daily Beast, believes that the Pakistan
army and its spy agency, the ISI, are targeting
India and getting Al-Qaeda and other terror
groups to focus on India, in an effort to hit at
Prime Minister Nawaz Sharif, who is keen on
improving ties with India. He thinks that
Zawahiri is hiding in Pakistan. If the ISI can
get the Jaish-e Mohammad, Al-Qaeda and
the Lashkar-e-Taiba to work together against
India, the Modi government would have a
major trouble at hand.
UNI
71
IL
GLOBAL TRENDS/
islamic state / human rights cases
untold atrocities have been carried out by
the islamic state against non-sunnis. how
long will the international community take to
act against them?
By Shashikumar Velath
T
HE Islamic State (formerly
known as the Islamic State of
Iraq and the Levant), an armed
group, has launched a system-
atic campaign of ethnic cleans-
ing in northern Iraq, carrying out war crimes,
including mass summary killings and abduc-
tions, against ethnic and religious minorities.
Following the advance of IS fighters into
towns and villages in northern Iraq since
June 2014, hundreds of thousands of people
belonging to religious and ethnic minorities
have been forced to leave their homes.
Among those being targeted in northern Iraq
are: Assyrian Christians, Turkmen Shia,
Shabak Shia, members of the Yazidi faith,
Kakai and Sabean Mandaeans. Many Arabs
and Sunni Muslims, known or believed to
oppose the IS, have also been targeted in
apparent reprisal attacks.
SYSTEMATIC TARGETING
On July 18, a mass exodus of Christian fami-
lies took place in Mosul after the IS gave
THE
KILLING
FIELDS
OF IRAQ
Photos: UNI
72
September 30, 2014
them an ultimatum to convert, pay a tax,
leave or be killed. Since taking control of
Mosul on June 10, IS militants have also sys-
tematically destroyed and damaged places of
worship of non-Sunni Muslim communities,
including Shia mosques and shrines.
On August 3, the IS took over Sinjar in
north-west Iraq. Since then, thousands of
civilians there and its environs, mainly
belonging to the Yazidi community, have fled
their homes and have been seeking refuge in
other areas, especially the Kurdistan region
of Iraq and Syria, after having been stranded
for days in the mountains with limited food
and water. As part of a campaign of ethnic
cleansing against religious and ethnic
minorities, hundreds, possibly thousands, of
Yazidi men and boys have been summarily
killed by IS fighters and thousands of women
and children have been abducted and are still
currently being held.
While many minority groups have been
forced to flee, more than a million Sunni
Muslims living in Mosul and other IS-con-
trolled areas cannot because of ongoing
fighting between the IS fighters and the Iraqi
central government and Kurdistan Regional
HUMANITARIAN CRISIS
(Top) Families displaced
by IS violence in Iraq
receive aid; (above) A
mother and a daughter
take stock of the aid they
have received; (facing
page) Yazidi families
fleeing IS violence
Government (KRG) forces. Some Sunni
Muslims have been killed in air strikes by the
Iraqi central government forces.
BRUTAL REGIME
Amnesty International has published a new
briefingEthnic cleansing on historic scale:
the Islamic States systematic targeting of
minorities in northern Iraqdetailing a
series of hair-raising accounts from survivors
of massacres. It describes how dozens of men
and boys in Sinjar region were rounded up
73
The Islamic State is
carrying out despicable
crimes and has
transformed rural areas
of Sinjar into
blood-soaked killing
fields in its brutal
campaign to obliterate
all trace of non-Arabs
and non-Sunni
Muslims.
Donatella Rovera, Amnesty
Internationals senior crisis
response adviser
by IS fighters, bundled into pick-up trucks
and taken to the village outskirts to be mas-
sacred in groups or shot individually.
The massacres and abductions provide
harrowing new evidence that a wave of eth-
nic cleansing against minorities is sweeping
across northern Iraq, says Donatella Rovera,
Amnesty Internationals senior crisis res-
ponse adviser, currently in northern Iraq.
The Islamic State is carrying out despicable
crimes and has transformed rural areas of
Sinjar into blood-soaked killing fields in its
brutal campaign to obliterate all trace of
non-Arabs and non-Sunni Muslims. Two of
the deadliest incidents took place when IS
fighters raided the villages of Qiniyeh on
August 3 and Kocho on August 15, killing
hundreds of people. Groups of men and boys,
including children as young as 12, from both
villages were seized by these militants, taken
away and shot dead.
There was no order, they (IS fighters)
just filled up vehicles indiscriminately, one
survivor of the massacre in Kocho told
Amnesty International.
Said, who narrowly escaped death with
his brother, Khaled, was shot five times;
three times in his left knee and once in the
hip and shoulder. They lost seven brothers in
the massacre.
GRUESOME DEATH
Another survivor, Salem, who managed to
survive because he hid near the massacre site
for 12 days, describes the horror of hearing
others who had been injured cry out in pain.
Some could not move and could not save
themselves; they lay there in agony, waiting
to die. They died a horrible death. I managed
CLASH OF CIVILIZATIONS
(Top) IS fighters stand
guard at a checkpoint in the
northern Iraq city of Mosul;
(above) Displaced Iraqi
Christians, who fled from IS
militants in Mosul, pray at a
school which was turned
into a refugee camp in Erbil
GLOBAL TRENDS/
islamic state / human rights cases
74
September 30, 2014
to drag myself away and was saved by a
Muslim neighbor; he risked his life to save
me; he is more than a brother to me. For 12
days, he brought me food and water every
night. I could not walk and had no hope of
getting away and it was becoming increasing-
ly dangerous for him to continue to keep me
there, he says.
Salem was later able to escape to the
mountains and then on into the areas con-
trolled by the KRG. The mass killings and
abductions have succeeded in terrorizing the
entire population in northern Iraq, leading
thousands to flee in fear.
The fate of most of the Yazidis abducted
by the IS remains unknown. Many have been
threatened with rape, sexual assault or pres-
sured to convert to Islam. In some cases,
entire families have been abducted.
Meanwhile, the US has initiated military
action in Iraq against the IS, which includes
air strikes. Other countries have announced
military support to Iraq and KRG for their
operations against the IS.
It is essential that the international com-
munity, the Iraqi government and KRG take
assistance and concerted action to meet the
needs of displaced persons. Humanitarian
aid started arriving after mid-July, and it has
reached some in need. But new attacks on
civilians continue to be reported, displacing
more people every day.
The writer is Deputy CEO of Amnesty
International in India.
AWAY FROM HOME
AND HEARTH
(Above) Displaced Yazidi
people prepare tea for
breakfast at Bajed Kadal
refugee camp
Groups of men and boys from Qiniyeh and
Kocho villages, including children as young
as 12, were seized by these militants, taken
away and shot dead.
75
IL
Why settlements dont fix wrongful
convictions, given the number of years lost
By Nicole Collins Bronzan
GLOBAL TRENDS/
united states / legal settlements
I
t may seem to some a happy ending:
A Brooklyn man wrongly convicted
in a 1994 murder is at last cleared
after serving 16 years in prisonand
then reaches a $10 million settle-
ment with the city in the case.
Perhaps, says Senior Editor Joe Sexton,
but its far from justice. He will get his mil-
lions, but he wont get his life back, and
neither will his children or his family, Sexton
says, joining Managing Editor Robin Fields
in the Storage Closet Studio to talk about the
settlement.
While Collinss family now has some
measure of financial security, and the city has
admitted wrongdoing, Sexton says: There
isnt any real remedy that is committed to.
The remedies that many people think are
required really can only be brought about by
legislation that would, you know, create a
better, more effective way for making sure
that prosecutors, in doing their vital jobs for
society, dont abuse their authority.
Collinss case, which was resolved more
quickly than many wrongful convictions, illu-
minates so many of the problems that plague
the system, Sexton says. He fought for years
just to get the information to make his case,
and many of the judges he appealed to
seemed disinclined to even hear him out.
Indeed, Fields says, there have been many
cases in the news recently dating back to the
tenure of longtime Brooklyn District Attor-
ney Charles Hyness tenureand in particu-
lar, one of his top prosecutors, Michael
Vecchione. Vecchione, who handled Collinss
case, has been accused of a variety of miscon-
duct in the case, including suborning perjury
and lying about it for years. Those accusa-
tions, which ProPublica has investigated as
part of its Out of Order series, have resulted
in no sanctions.
At this point, Hynes has been voted out,
which was an unusual outcome in and of
itself, and Mr Vecchione has retired, Fields,
says. Is that enough to essentially clean up
the problems in Brooklyn, or in the system at
large? And if not, is there a way to quantify
the amount of misconduct perpetrated by
prosecutors?
Sadly, Sexton says, ProPublicas reporting
has revealed the answer to both questions to
be a resounding no.
Part of it is that so much of what prose-
cutors do in todays justice system goes on
outside of the courtroom, he says, including
plea bargains and prosecutors investigations
themselves. As long as thats the case, Sexton
says, there will be work to do.
Courtesy: ProPublica
NO COMPENSATION
GOOD ENOUGH
76
September 30, 2014
IL
Amitava Sen
MUSLIMS in the UK are increasingly
entering into marriages which are
legally not recognized by British law.
The reason for this is that these
couples conduct their Islamic
wedding, nikah, without a civil
ceremony. This is required for
the marriage to be recognized
under the law.
A civil ceremony basically
means registering the marriage,
which backs up as an essential
identity document. This often lands
young Muslim girls in trouble. By not
registering, a lot of men are free to
commit polygamy. To add to their
woes, only a few mosques in the
UK have registered themselves.
INTERNATIONAL BRIEFS
Israels plastic bag law
A law designed to reduce the use of
plastic bags in Israel recently saw
Economics Minister Naftali Bennett and
Environment Minister Amir Peretz reaching
a compromise on how much consumers
have to pay for plastic grocery bags at
supermarkets. While the bill concerning its
usage originally called for payment of 60
agorot for each bag purchased, the
compromise brings down the cost
significantly. Now, consumers will have
to pay 30 agorot for the first year and
10 agorot within four years of the
bills passage.
THE surge in illegal immigrants has sparked
off a frenzy among multiple law enforcement
agencies manning the city of Rio Grande in
Texas. Once the lone territory of the Border
Patrol personnel, today, the place is teeming
with state troopers, national guardsmen and
civilian militia members, with limited
communication among them. The Border
Patrol wants control of law and order back
in its hands. Even locals arent happy with
the increased security. Texas reportedly
spends $1.3 million a week on state
troopers and about $12 million a month
on the guardsmen.
THE Army Intelligence of Lebanon has arrested 10 Syrian refugees for not
possessing identification papers during a raid in northern Lebanons Zghorta area.
The raid was part of the countrys new security measure aimed at tightening
control on refugees by legalizing their presence and keeping track of their
population and whereabouts. The arrested refugees did not have legal residence
papers and identification cards. Lebanon hosts the largest number of refugees,
with about 1.3 million from Syria alone.
NEWJersey Governor Chris Christie has issued a directive making sports
betting legal in casinos and race tracks across the state. The directive
informed authorities that casinos and tracks would not be held liable
under state law if they operate sports pools, as long as wagering does not
occur during events taking place in New Jersey or involve any New Jersey
team. Christies move comes after three major Atlantic City casinos closed
down this year, while two more announced that they were losing out on
business. Sports wagering is a key source of revenue for the people of
New Jersey. Previously sports betting was allowed under the states
Sports Betting Wagering Act that was passed by the legislature in 2012.
Immigrants kick off security frenzy
Arrested over lack of documentation
No bar on sports betting in New Jersey
Wedding Woes
for Muslims
77
CAN foreign entities escape prosecution
under the garb of sovereign immunity or
are there exceptions to the case?
Ganesh Narain Saboo had booked a
consignment of Reactive Dyes with
Ethiopian Airlines to be delivered on
September 30, 1992. However, the
consignment delivery got delayed which
deteriorated the goods. Ganeshs
complaint to the Maharashtra State
Consumer Dispute Redressal Commission
was subsequently rejected. The National
Consumer Disputes Redressal
Commission, however, asked the state
commission to decide the case afresh.
In their appeal to the Supreme Court
(SC), the airline defended its action,
saying it cant be prosecuted since it
is a foreign entity and entitled to
sovereign immunity. The SC held that
Ethiopian Airlines was not entitled to
sovereign immunity with respect to
commercial transactions and directed
the state commission to dispose off
the dispute accordingly.
Understanding
immunity
CONSUMER WATCH
How can buyers enforce their rights
and seek remedial measures
Illustrations: Udayshankar
78
September 30, 2014
INSURANCE agents often pester people to take up
new policies for meeting their sales targets. And some
of these policies do not even meet the stipulated terms
and conditions.
Kamboj Ultra Sound & Diagnostic had insured their
diagnostic equipment with the Electric Equipment
Insurance (EEI) policy of New India Assurance
Company Limited. The terms of the policy clearly
stated that the coverage of the claim was based on
replacement basis. When their scanner stopped
working, Kamboj lodged a claim under the policy
which got rejected on the grounds that the scanning
tube had undergone 100 percent depreciation and its
value was nil.
When the matter reached the Delhi State Consumer
Disputes Redressal Commission, the insurance
company contested it, saying that since the tube had
already completed 42,470 exposures at the time of tak-
ing the policy, the claim was not valid. It said claims
could be made on tubes that had completed less than
40,000 exposures. The Delhi forum passed its judg-
ment in favor of Kamboj. The insurance company then
approached the National Consumer Disputes
Redressal Commission. The commission observed that
the insurance company was aware of the extent of the
tube usage at the time of issuing the policy, yet they
chose to cover it. Therefore, the insurance company
was directed to reimburse the replacement cost of the
tube along with 12 percent interest and `50,000 as
compensation to Kamboj.
Insurance claims
Medical negligence RTI grievances
not consumer
complaints
THE Additional Mumbai Suburban District
Consumer Disputes Redressal Forum
recently held that when there is an
alternative remedy available, a consumer
complaint is not maintainable. Manohar
Desai had complained to the consumer
forum after he failed to receive a reply to
a query under the Right to Information Act
(RTI). The information pertained to the
Municipal Corporation of Greater
Mumbais failure to issue a copy of
conveyance deed to Desai even after he
had paid for it. The RTI Act clearly says
that the applicant has the right of appeal
available to him; therefore, a complaint
under a consumer forum does not lie.
Red tape rescue Hooligan banks
IT is essential to employ only
qualified and trained doctors in
hospitals. Otherwise, any
medical negligence can hold
both the hospital and the
doctor liable, just as Tura
Christian Hospital was.
The Meghalaya State
Consumer Dispute Redressal
Commission observed that
Chandrika Sarkar was
administered anesthesia at the
time of a caesarean operation
by an unqualified pediatrician.
This amounted to professional
misconduct. The overdose of anesthesia resulted in her death after the
baby was delivered. Reprimanding the hospital for medical negligence, the
commission directed it to pay `8 lakh as compensation, along with six
percent interest, for the mental agony suffered by the husband and
depriving a child of his mothers love.
79
USE of musclemen to get even with people is a
routine sequence in films, but when such incidents
happen in real life, it is a harrowing experience
for people.
Balwinder Singh had filed a consumer
complaint against
HDFC Bank and its
recovery agent for
using goons to
forcibly re-possess
his hypothecated
vehicle and selling it
to a third party,
which entailed
physical harassment
and mental agony.
The National Consumer Disputes Redressal Forum
observed that the statement about the customer
voluntarily handing over possession of the vehicle
was untrue and that the bank failed to serve a
prior notice regarding the possession and its sale.
It upheld the previous judgment of the district
and state consumer forum, which ordered
HDFC Bank to pay a compensation of `4 lakh
to the complainant.
THERE is good news for all the consumers out there. The
Consumer Affairs Department has proposed amendments
in the Consumer Protection Act to allow consumers to file
complaints against entities, such as builders, companies
and service providers with the consumer forums in the
district they reside. The proposal elaborates that
complaints have to be admitted within 24 days in the
district forums. At present, a consumer can file a case in
district forums where the defaulting entity has its main or
branch office. This move will reduce inconvenience and
harassment of consumers to a large extent.
IS THAT LEGAL?
Is a litigant a consumer under
the Consumer Protection Act if he
has filed a suit or any other
proceeding in a court after
payment of court fee?
No. A court exercises sovereign
judicial power of the state while
dealing with a case and it is not
rendering a service in pursuance
of a contract between the litigant
and the court. Adjudication of
cases and dispensation of justice is
done by the court not as a quid
pro quo for the court fee. Court
fees paid by the litigants go to the
consolidated fund of the state and
hence, it cannot be said that the
payment of court fee by way of
consideration for the hiring or
availing of a service from the
court. Therefore, a litigant is not a
consumer under the Consumer
Protection Act.
This was held by the National
Consumer Disputes Redressal
Commission, New Delhi, in the
matter of Akhil Bhartiya Grahak
Panchayat vs The State of Gujarat.
Can a company sell medicines
below the MRP or is it an
unfair trade practice?
This question arose in the
matter of Novartis India
Limited vs J Anto and Anr
(decided on August 4, 2014).
It was held that by no
stretch of imagination, it is
said to be an unfair trade
practice. There lies no
impediment in giving a
medicine below the MRP.
There also lies no rub if the
company or chemist gives the
medicine free of cost.
Nobody can charge more
than the MRP, but it can
be sold at a lower rate
than the MRP.
Cost of drugs
Consumers fault
Pombally vs State Bank of India and Anr.
At the time of purchasing the policy it was
asked whether the insured had been treated for,
or told that he was suffering from diabetes, and
whether he had been treated for, or told that he
had any liver disease. All the questions were
answered in the negative. Later, he died due to
hepatic encephalopathy, hepatorenal syndrome,
spontaneous bacterial peritonitis with alcoholic
liver disease. The insurance company rejected
the claim on the ground of suppression of facts.
The family of the deceased filed a complaint on
grounds of deficiency of services.
The forum said that having suppressed the
said facts while answering the questionnaire, we
are of the opinion that the insurance company
was within its rights to repudiate the claim of
the complainant.
The court further observed that these were
material facts and were only in the knowledge
of the insured. Therefore, he was obliged to
disclose the facts correctly in the questionnaire
issued to him for the purpose of obtaining the
policy in question. In view of the matter, there
was no question of any deficiency of service
on their part.
Illustrations: Aruna
Is it mandatory to fill the complete
questionnaire at the time of purchasing an
insurance policy?
Yes it is. Giving a wrong answer will be a
suppression of facts by the consumer and he
stands to lose the insurance claim. This was
held on January 13, 2014, by the National
Consumer Disputes Redressal Commission
New Delhi, in the matter of Shnyni Valsan
Not a quid pro quo
80
September 30, 2014
1. Whats Davy Joness
locker?
A: Jail
B: Sea bottom
C: Big treasure
D: skeleton
2. Ashok calls his wife
names but WONT
call her ... .
A: headquarters
B: slavedriver
C: apron
D: bimbette
3. Plural of
mongoose.
A: Mongeese
B: Mongoose
C: Mongice
D: Mongooses
4. Which spelling is
correct?
A: Entrepreneur
B: Enterpreneur
C: Entreprenuer
D: Enterprenuer
5. When Ram says Im
easy, he means ... .
A: I am free
B: Its easy for me
C: I dont mind
D: I am a bachelor
6. Whats the meaning
of pick-me-up?
A: Reviving drink
B: Toddler
C: Fork
D: Fatso
7. You are taken to the
cleaners. It means
youve lost ... .
A: clothes
B: money
C: reputation
D: temper
8. Theres no time like
the ... .
A: present
B: youth
C: picnic
D: love
9. A Greek gift is ... .
A: very expensive
B: one harming the
recipient
C: very cheap
D: an empty box
10. Luv is quantitatively
challenged. He is ... .
A: thin
B: obese
C: poor
D: miserly
11. Euphemism for
bribe.
A: Groceries
B: Number nine
C: Negative cash
D: Sugar
12. French term
Nouveau riche
means .
A: Newly-rich person
B: riches-to-rags story
C: New neighbor
D: Never seen
13. Our peon Ravi
knows how to use
OPM.
A: Office peoples
money
B: Other peoples
money
C: Office printing
machine
D: Overtime per minute
14. A small plane.
A: Four-by-four
B: Rattletrap
C: Microlight
D: T-bird
15. Interjection
Ho-hum signals ... .
A: surprise
B: boredom
C: anger
D: pain
16. The meaning of
languid.
A: listless
B: colorless
C: odorless
D: hopeless
17. Posit is a ... .
A: noun
B: adjective
C: verb
D: slang
18. Nyctophobia is
fear of ... .
A. insects
B. darkness
C. relatives
D. noise
19. Obsession with
power is .
A: Megalomania
B: Monomania
C: Egomania
D: Plutomania
20. Its as tough
as ... .
A: rock
B: leather
C: ice
D: brass
1 . S e a b o t t o m
2 . b i m b e t t e
3 . M o n g o o s e s
4 . E n t r e p r e n e u r
5 . I d o n t m i n d
6 . R e v i v i n g d r i n k
7 . m o n e y
8 . p r e s e n t
9 . o n e h a r m i n g
r e c i p i e n t
1 0 . o b e s e
1 1 . S u g a r
1 2 . N e w l y - r i c h
p e r s o n
1 3 . O t h e r p e o p l e s
m o n e y
1 4 . M i c r o l i g h t
1 5 . b o r e d o m
1 6 . l i s t l e s s
1 7 . v e r b
1 8 . d a r k n e s s
1 9 . M e g a l o m a n i a
2 0 . l e a t h e r
SCORES
0 to 7 correctYou need
to do this more often.
8 to 12 correctGood,
get the scrabble
board out.
Above 12Bravo!
Keep it up!
ANSWERS
have fun with english.
get the right answers.
play better scrabble.
By Mahesh Trivedi
W
O
R
D
L
Y
W
I
S
E
textdoctor2@gmail.com
81
THE CHOPPER AND CHOPPY WATERS
Indian Air Force MI-17 helicopter ferries
rescued people from Hamirpur Kona in
Rajouri district to relief camps.
Photos: UNI
PEOPLE/ kashmirs tragedy
SAILING IN THE SAME BOAT
Rescue teams evacuates flood
victims and their livestock in
Pantha Chowk.
BALANCING ACT
Police personnel rescues flood
victims at Pantha Chowk on the
outskirts of Srinagar.
UNITED IN TRAGEDY
Flood- affected people share a meal at Sidhra
area about 20 Km from Jammu city.
BRIDGING THE GAP
Jammu and Kashmir Chief Minister Omar Abdullah
surveys a flood ravaged area in the state
.

India Legal: Issue: 30 September 2014

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

India Legal: Issue: 30 September 2014

Uploaded by

Copyright:

Available Formats

NDIA EGAL

LETTER FROM THE EDITOR

You might also like