Primacy of law in India

[theguyinallblue]

Primacy of law in India By Tasneem Noorani IF INDIA?S economy has been growing at the rate of nine per cent for the last two years, why should it bother us? If an Indian company concludes a deal to buy a steel multinational at $12 billion and other Indian companies are acquiring businesses in Europe and the US by the hundreds, why should it concern us? Or if the US government announces 800,000 visas for the Indians during one year, next only to the number of visas issued to the Mexicans who live next door, should we be bothered? Yes, it does bother one because we were carved out of the same country 60 years ago and have had a kind of a sibling rivalry ever since. If Malaysia came from behind and overtook us that is a another thing, or if South Korea borrowed our development strategy in the 1960s and is now miles ahead of us, that is a far-off country. But if India is getting ahead of us, it gives one a hollow feeling in the pit of one?s stomach. I had the opportunity to travel through India early this month on a consultancy assignment and what I saw needs to be shared with my dear countrymen for a possible wake-up call ? knowing well that it may not have the desired effect considering the depth of our slumber. Since there was no contact with officialdom during this trip, my impressions are based on personal observations and through meeting ordinary people. To give a sense of India today, it is possible to indicate a few things that strike one as different from Pakistan. These are related in no particular order. While I was in Amritsar, the election campaign for the Punjab state assembly elections was in full swing. In that connection I was told that the DG police (equivalent to our IG police) had been recently transferred out on the orders of the election commission, the reason being that the opposition had complained to the election commission that the chief minister of Punjab had recently allowed the conversion of a plot belonging to the Punjab DG?s brother for the construction of a hotel. Note the transfer was ordered by the election commission. Indian Prime Minister Manmohan Singh visited Amritsar to address a political rally to support Congress candidates. It was reported in the press that the attendance at the prime minister?s political rally was rather poor. Finding it odd I asked someone as to why the district administration was sleeping. Were they that incompetent that they could not arrange an audience for the rally of the prime minister? I was told that this did not happen in India. If the DC had tried to be efficient and to show his loyalty to the prime minister, he would have lost his job. In the state of Bihar during the election campaign, the DG police surreptitiously visited Mr Laloo Prasad Yadav, the former chief minister and the current railway minister, at his residence in a private car. The visit was reported by the press. Political opponents of Laloo Prasad reported the matter to the election commission. The DG was shunted out of the state immediately. Now on the lighter side, we went to see a film in Amritsar. Having gotten there a little early, we had to wait in the main lobby of the cinema hall. Waiting along with us were beggar women with several small children. Nobody harassed or pushed them out because they also had tickets. Inside the cinema they sat a few rows ahead of us. I observed with intense curiosity the behaviour of young men in the presence of young women at public places. No one stares at women, a great pastime for us Pakistani men. As a matter of fact, the sight of a girl driving a scooter does not even elicit the batting of an eyelid. While in Delhi, we asked someone to direct us to a particular restaurant we had visited the last time we were there. We were told that the building in which the restaurant was located had been pulled down as per the orders of the supreme court as it had been built on that land against the rules. The officials who had allowed the illegal construction were being prosecuted. In Mumbai, we spent a weekend at the farm of an affluent friend. This farm was 50km from the city. During our two-day stay we did not see a single security guard. When we asked our friend how he, despite his affluence, lived without security, we were told that a few years ago, he used to have a number of gunmen, but was now left with only one, and he did not feel it necessary to carry his gun with him all the time. We were told that a few years ago, his servants used to avoid going out at night to the town for grocery shopping, but that things had improved since and there was no longer any risk in driving on those roads at any time of night or day. On the streets of Mumbai one was struck by the sight of thousands of taxis, all of the same brand of an old model of Fiat. They do not have air-conditioning, are run mostly on CNG and charge strictly as per a digital meter, which cannot be tampered with. There is no bargaining and no arguments on the fare with the commuters. The traffic is exasperatingly slow-moving but orderly. No one tries to push the other off the road, so while it takes hours to get from one part of the city to the other, everyone seems to be at peace with himself and there are no fights or undue blowing of horns or a show of discourtesy to each other. While walking on most roads one did not see any beggars and the only person who sometimes pesters you is the shoeshine boy. Indians despite their numbers and recent success have not dropped their bias towards Pakistan. We could not find any Pakistani television channel in any hotel or home on cable TV. When asked we were told that it is so because there is no demand from the Indian public to watch Pakistani television. This is an unbelievable argument, but they give it to you with a straight face. Newspapers also carry only negative news about Pakistan, especially news pertaining to terrorism. I came away with that impression that the image of Pakistan in the eyes of the Indian public is being lowered day by day as they are not being encouraged to see the normal face of Pakistan. Most Indians who visit Pakistan, therefore, go back pleasantly surprised. An Indian businessman, who visits Lahore very often, on being asked what he found different in Lahore, said that two things stood out. Firstly, Pakistani hospitality is overwhelming. (This is the impression of not just one Indian). Secondly, he got the distinct impression that in our society the maxim of might is right fits well and he felt that important people in Pakistan could get away with anything. According to him, the Indian judiciary and the press make sure that nobody feels that they are above the law in India. Actor Sanjay Dutt, who is very popular amongst the masses because of his role in film Munna Bhai, was recently convicted by a terrorist court for an offence committed in 1993 on the charge of possessing illegal weapons. He was cleared of the charge of terrorism. Since the mandatory term for possessing illegal arms in India is five years, he is attending court to receive the final verdict on his sentence. The anti-terrorist court took years to decide the case but did not lose sight of it and did not let it die. Also the message of law being equal for all is clear, and the offence of possessing arms is highlighted for everyone to note. These may be small observations but they pertain to a country of which we were once a part. The earlier we get out of our state of denial the better it would be for us and, more importantly, for our future generations. The writer is a former interior secretary. Email: tasneem.noorani@tnassociates.net PS: Its tough to be a pakistani at this point of time...with their low self esteem ..and obsession with india...and a habit of comparing everything with india... :hic:

[yoda]

Re: Primacy of law in India Good writeup. Normally, one would say that it should be in a country's best interest if it's neighbours are all doing well. In case of Pak, given the hostility towards us and lack of proper democratic forum, I wouldn't wish for that yet.

[Lurker]

Re: Primacy of law in India

While I was in Amritsar, the election campaign for the Punjab state assembly elections was in full swing. In that connection I was told that the DG police (equivalent to our IG police) had been recently transferred out on the orders of the election commission, the reason being that the opposition had complained to the election commission that the chief minister of Punjab had recently allowed the conversion of a plot belonging to the Punjab DG?s brother for the construction of a hotel. Note the transfer was ordered by the election commission.

True indeed. Inspite of various drawbacks that India as a country face, institutions like Election Commission do a fantastic work. In the annals of popular Indians one may not find the names of a TN Sheshan but it is men like him that have put India on the path of progress, by doing their job without facing pressures of any kind. This is where Pakistan can learn from India. An argument put forward by Pakistanis is often that their life seem to be better, more organized, safe etc when Army is ruling. What they do not realize, or worse accept, is that when an elected Government is in power(Bhuttos and Sharifs) it is Armed Forces that create half of their woes in the first place. Then they take over power and do some good things and get brownie points. Win-win all the way. Pakistan needs to develop its institutions and it can surely learn from India.

Newspapers also carry only negative news about Pakistan, especially news pertaining to terrorism. I came away with that impression that the image of Pakistan in the eyes of the Indian public is being lowered day by day as they are not being encouraged to see the normal face of Pakistan. Most Indians who visit Pakistan, therefore, go back pleasantly surprised.

True again. I have to say that I see a lot of Indians who seem to have a huge chip on their shoulders when it comes to Pakistan. Nothing sort of a "superiority complex". So while a Pakistani, in general, would love to travel to India, Indians, in general, are lot more apprehensive to do so. Indians give themselves a pat on their back as Bollywood seems to be a favorite of most Pakistanis but little do they realize that Pakistani dramas have always been better than Indians, their writers, poets, singers at par with Indian artists, if not better. However it is much easier to run into a Pakistani singing a Kishore Kumar song than an Indian singing a Fareeda Khanum tune. Indians certainly can learn from Pakistan in this regard. xxxx

[Birbal2]

Re: Primacy of law in India Compared to Pakistan YES.. there is primacy of law... But India has MILES and MILES to go... Respect for contracts is ranked at 170th in the world... This is a SHOCKING number of any nation that wants to progress economically... Also the court system is so slow that justice even if it eventually occurs is almost meaningless... Case and point the Navjot Sidhu case... it is a case from 1988 DAMN!!! that is ANCIENT....

[kumble_rocks]

Re: Primacy of law in India

Compared to Pakistan YES.. there is primacy of law... But India has MILES and MILES to go... Respect for contracts is ranked at 170th in the world... This is a SHOCKING number of any nation that wants to progress economically... Also the court system is so slow that justice even if it eventually occurs is almost meaningless... Case and point the Navjot Sidhu case... it is a case from 1988 DAMN!!! that is ANCIENT....

You have raised a good point. Not only the justice is slow , but the concept of Independent Judiciary is totally absent. Only now, things are changing for the better albeit slowly which is a good thing. Also, We have to strive for Social democracy in India and a Uniform Civil code. This will ensure fair justice for all .

[theguyinallblue]

Re: Primacy of law in India Uniform civil code..can never come into a reality..unless whole of india except ignorant muslims raise their voices... we should not allow parallel judiciary to flourish in india.... else their will be total anarchy... the fear of indian judicial system should be present in one and all indians including mullahs... recently there was a news of islamic bank for indian muslims...and other BS like that... when we have people like mulayam singh then we need no mushrraf... Supreme court banned the SIMI..and mulayam give protection to SIMI members..In UP.. there was hue and cry in Nithari..over children deaths....and Gnadus like amar singh were protesting the hanging of Saddam... what has india got to do with saddam????? as long as we have pseudo seculars ..india can only dream of becoming an economic giant... whatever progress we can see in india..is all because of education..among mainly middle class...service class people... indian muslims are lagging behind other indians in the basic education...not because there is dearth of schools....but because of the parents..who prefer to send their children to madrasas.. and those who break their social barriers and give their children a good education...do succeed in life... there are many Muslims from AMU ( Aligarh Muslim University) who work for MNCs...many are into civil services...police services... indian Muslims will have to shed their ghetto mentality and will have to try and mix with others...if they want to improve their living conditions and enjoy freedom

[kumble_rocks]

Re: Primacy of law in India

Uniform civil code..can never come into a reality..unless whole of india except ignorant muslims raise their voices... we should not allow parallel judiciary to flourish in india.... else their will be total anarchy... the fear of indian judicial system should be present in one and all indians including mullahs... recently there was a news of islamic bank for indian muslims...and other BS like that... when we have people like mulayam singh then we need no mushrraf... Supreme court banned the SIMI..and mulayam give protection to SIMI members..In UP.. there was hue and cry in Nithari..over children deaths....and Gnadus like amar singh were protesting the hanging of Saddam... what has india got to do with saddam????? as long as we have pseudo seculars ..india can only dream of becoming an economic giant... whatever progress we can see in india..is all because of education..among mainly middle class...service class people... indian muslims are lagging behind other indians in the basic education...not because there is dearth of schools....but because of the parents..who prefer to send their children to madrasas.. and those who break their social barriers and give their children a good education...do succeed in life... there are many Muslims from AMU ( Aligarh Muslim University) who work for MNCs...many are into civil services...police services... indian Muslims will have to shed their ghetto mentality and will have to try and mix with others...if they want to improve their living conditions and enjoy freedom

Good Post . Agree with most of your points. But, from our side , we need to allow moderate muslims to mix with us. Too often , I have seen Moderate muslims being discriminated against. Case in point, in our housing complex , their is unwritten, unspoken rule not to sell vacant flats to Muslims. How can they mix , if this kind of thing is allowed. They will be forced to set up colonies amongst themselves.

[Guest dada_rocks]

Re: Primacy of law in India What Pakistanis do not understand is the fact that better or worse life under Army rule is too much dependent on one individual that is army chief. It's big gamble and more often than not u end up with rotten apple to start with and if by chance get lucky some individual with nice intention comes to the picture then all it takes is couple of ears of uninterrupted unopposed uaccountable power to corrupt even the sanest of mind. OTOH if u invest in system then ur destiny is not fluke of some particular person. There are checks and balances. For instance a laloo has to give way to a nitish kumar. U either perform or get shelved out. Another problme for pakistan is the virtual total absense of concept like land-reforms. Close to 80% of land is owned by hardly couple of thousand landlords. This stat is so damning. Unless those who cultivate get ownership of land these powerful landlords will keep getting away with murder. BTW land-reforms is the only thing I love about communist. BTW comparing Indian system to pakistani in any respect give us some ego boost but we have miles to go in absolute sense of things. Here is hoping our neighbours see the light and change their ways. Some have mentioned that prosperous and stable Pakistan is in good interest of India. Well as far as history goes this could nto be more farther from the truth. Whenever Pakistan has felt more stable and confident it has initiated a war, case in point 1965. But who knwos if general rank and fiel of Pakistan get the control of their political system by virtue of real democracy not the rationed on whihc u get to see these days then may be even prosperous Pakistan won't indulge into war adventurism. As it stands today India's best interest is served by a Pakistan (military controlled) whihc is bogged down by its own litany of problems. For India I would love to see a day where not even a single soul loses his/her life on election day in booth-capturing related violence.

[Guest dada_rocks]

Re: Primacy of law in India

Compared to Pakistan YES.. there is primacy of law... But India has MILES and MILES to go... Respect for contracts is ranked at 170th in the world... This is a SHOCKING number of any nation that wants to progress economically... Also the court system is so slow that justice even if it eventually occurs is almost meaningless... Case and point the Navjot Sidhu case... it is a case from 1988 DAMN!!! that is ANCIENT....

You have raised a good point. Not only the justice is slow , but the concept of Independent Judiciary is totally absent. Only now, things are changing for the better albeit slowly which is a good thing. Also, We have to strive for Social democracy in India and a Uniform Civil code. This will ensure fair justice for all .

right points raised.. hope this happens pretty soon am not sure about UCC happening anytime in near future but that should be the eventual target for sure.

[Guest dada_rocks]

Re: Primacy of law in India

indian muslims are lagging behind other indians in the basic education...not because there is dearth of schools....but because of the parents..who prefer to send their children to madrasas..

So many things went wrong with them to start with. First of all the middle and upper class among them left in mass for Pakistan and left the lower to class to fend for themselves. In order to preserve their musalamniyat the leaders among them came up with clownish edicts like de-registerting from mainstream schools and enrolling in Mederessah. There u go u have recipe for disaster. Systematic discrimination is bull perpetrated by people who are not ready to own their own failings. Am yet to see even a singleguy who could claim he was nto selcted in IIT IIM UPSC etc etc because he/she was muslim. Now on lower level nepotism across the caste religious line is prevalent there is no denying that. It's not religion specific for sure , every group sub-group in one way or anohter is baised in favour of their socalled own people. If u will go to BHU u will be hard-pressed to find a muslim faculty and same holds true in AMU or jamia Milia where more than 70% faculty is muslim much more than their percentage population anywhere in india including Jammu kashmir. But overall wherever there is entrance exam there is no bias if u are good enough u will get in. So your destiny is in your hands folks no point cribbing and sulking. Recently i posted a thread how a bas khalasi's ward (muslim by the way) had become SDM. India works and if u have failed in thsi system either u are urself to blame or there is lack of opportunity but to point fingers of bias to this or that person or group is complete bull in my view. I hope muslim folks see the light and mend their ways. :wtg: