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Wednesday, December 23, 2009

25 YEARS - Sikhs take stock of 1984

The 25th anniversaries of two events, both defining moments in India's recent history, have been observed over the past few days. One is the assassination of prime minister Indira Gandhi by her bodyguards on October 31, 1984. The other is the violence targeting Sikhs that began within hours of that assassination and engulfed Delhi and other cities for at least three days.

The two events are closely connected. The assassination led to the massacres. What sets them apart is the way the Indian state responded to them.

It was swift in delivering justice in the case of Indira's assassination. Satwant Singh, the lone surviving assassin (Beant Singh, the other assassin, was shot dead soon after the assassination while he was allegedly trying to escape) and Kehar Singh, a conspirator, were tried and hanged within four
years.

But those who orchestrated the killing of around 2,733 Sikhs in Delhi - the Citizens
Justice Committee submitted 3,870 names to an enquiry commission - still roam free. A quarter of a century later, justice is yet to be done.

The year 1984 is one that few Indians will forget. It was the yearwhen a gas leak in a factory owned by Union Carbide in Bhopal killed over 2,000 people and maimed several others for life. It was also the year India's secular foundations were shaken like never before.

In June 1984,
the Indian army stormed the Sikhs' holiest shrine, the Golden Temple in Amritsar, to flush out Sikh militants holed in there. They had turned it into a fortress and were waging war against the Indian state. "Operation Bluestar" was a military success in that it eliminated hundreds of militants including the dreaded Jarnail Singh Bhindranwale. But at a very heavy cost. It was a political disaster. The Akal Takht was reduced to rubble and hundreds of Sikh pilgrims were killed in the course of the operations. Bluestar wounded the Sikh psyche, deeply alienating the community from the Indian state. It fueled the Sikh militancy and kept it alive for another decade at least.

Revenge came swiftly. Barely five months later, Indira was assassinated. Her assassins were Sikhs.

The response to her killing came even more swiftly. Within hours of her death, stray incidents of violence targeting Sikhs began trickling in from various parts of Delhi.

The violence peaked on November 1. Mobs carrying iron rods, knives and kerosene went on a rampage, killing Sikhs, looting and setting alight their homes, business establishments and places of worship. Sikh cab drivers were lynched or burned alive in their cabs. Those fleeing Delhi were dragged out of trains and buses and slaughtered.

The orgy of violence unleashed on Sikhs following Indira's assassination is often referred to as a riot as though it was a spontaneous outpouring of anger. It was not. It was an organized massacre, a
pogrom.

There is a mountain of evidence to prove that politicians belonging to the ruling Congress Party incited and directed the pogrom in collusion with the police. Even as mobs led by Congressmen burned, looted, raped and murdered the government did nothing to quell the violence.

Police made some arrests during the violence; ironically most of the arrests were of Sikhs defending their families against the killers.

Days after the pogrom, Rajiv Gandhi, Indira's son and successor, indirectly justified the violence. "When a mighty tree falls, it is only natural that the earth around it does shake a little," he said.

As shocking as the state's involvement in the violence was its failure to ensure justice thereafter.

Ten commissions and committees have probed the pogrom so far with little impact on bringing the guilty to book. One commission of inquiry headed by a sitting Supreme Court judge, Ranganath Mishra, found no lapses on the part of the government and assigned no culpability to the ruling establishment. For his whitewashing of
the Congress' role, Mishra was rewarded. He went on to head the National Human Rights Commission and also became a member of India's upper house of parliament.

During and after the
massacres, police refused to register complaints. Of those which were registered, only a few made it to the courts. “Of the ones that reached the courts, the majority resulted in acquittal of the accused as the police never made an attempt to find evidence against them. As a result, the conviction rate has been extremely poor," says Harvinder Singh Phoolka, a senior advocate in the Supreme Court who has been fighting forjustice on behalf of the victims.

"Out of 2,733 officially admitted murders, only nine cases led to convictions. Just over 20 accused have been convicted in 25 years- a conviction rate of less than 1%,” he says
The massacre of the Sikhs took place in front of thousands of witnesses. The identity of those who carried out the violence was evident from the start. A report brought out by civil rights groups in November 1984 carried an annexure listing the names of people alleged to have carried out the violence. It included 198 local Congress activists and others, 15 Congress leaders and 143 police officials.

Of the top Congress politicians who were known to have orchestrated the violence, Sikh militants assassinated two within months of the massacres. Others like Jagdish Tytler and H K L Bhagat went on to have successful political careers, even holding cabinet posts.

In 2005, the Nanavati Commission said it found “credible evidence” against Tytler, Bhagat and another Congress leader Sajjan Kumar saying they "very probably" had a hand in organizing the attacks. While Bhagat died in 2005, the Central Bureau of Investigation gave Tytler a clean chit earlier this year and the court is yet to decide whether or not to initiate a fresh probe.

Sikh alienation from the Indian state and their anger with the Congress has subsided significantly over the years. The movement for a separate Sikh state is dead. And Punjab has voted the Congress to power twice since the 1984 riots.

Some have suggested that the Congress' efforts to reach out to the Sikhs has helped in building bridges. In 1998 Congress president Sonia Gandhi expressed her "anguish" over the 1984 riots. "I feel your pain," she said. That she is a victim of terrorist violence herself and the daughter-in-law of Indira and widow of Rajiv Gandhi, who was prime minister when the riots took place helped to heal wounds to some extent. That was taken further by Prime Minister Manmohan Singh, India's first Sikh prime minister who apologized to the Sikhs in parliament.That and the fact that the Congress made a Sikh a premier, say Congress leaders, has won the party the hearts of Sikhs. But not all Sikhs have been appeased by the conciliatory words. They want justice.

While admitting that the Congress' conciliatory gestures have "been like a balm on the community", Phoolka says, "The Congress wants us to forget it; view it as an aberration. When they made Manmohan Singh prime minister, they stepped up this rhetoric; saying, 'forget it now, at least we have apologized and now made your man the prime minister. Our answer has been that the apology came 21 years late and under the Indian legal system an apology is not a substitute for punishment for murder. We wantjustice."

It is not just to heal Sikh wounds that justice is essential.

India's failure to bring to justice those who masterminded the 1984 anti-Sikh massacres must be blamed for subsequent massacresin the country. It has sent out a message that parties and politicians in power can expect to go unpunished even if they unleashed violence on thousands of people.

In December 1992-January 1993, 900 people, mainly Muslims, were killed in Mumbai in violence by mobs led by the Hindu right-wing Shiv Sena and the Bharatiya Janata Party (BJP). Those who orchestrated that violence roam free. In 2002, Muslims were massacred in the state of Gujarat by mobs aided and abetted by politicians in the ruling BJP. The Gujarat government not only did not do enough to stop the killings, but, even worse, it actively participated in them.

The culture of impunity that surrounds mass killings orchestrated by those in power must end if massacres such as those in 1984, 1992 and 2002 should not recur.
Victims of the 1984 violence are marking the 25th anniversary of the pogrom through what Phoolka describes as "a life affirming gesture". They are planting 25,000 saplings in Delhi to pay tribute to those who were killed in the 1984 violence.

The felling of a "tree" (Indira) was followed by a massacre of innocent Sikhs 25 years ago. Sikhs are using the planting of trees to teach India a lesson now.

"The 1984 killings were meant to teach a lesson to the Sikh community," says Phoolka. "The lesson we seek to impart in turn is to respond to hate with love, death with life. We trust the trees we have planted will not only help us remember the victims of 1984 but also prevent the recurrence of such a terrible crime on any community."

Sudha Ramachandran is an independent journalist/researcher based in Bangalore.




Saturday, November 21, 2009

How to Control Corruption In India

Corruption means lack of integrity. It is an act done with an intent to gain some advantage, inconsistent with official duty and the rights of others. It is not only about bribery, it also relates to the abuse of power in decision- making processes. It is a form of behavior that deviates form ethics, morality, traditions and law. It is a global phenomenon which has progressively increased over time, and is now rampant in all societies across the world. In simple words, corruption is use of public office for private gain.
Corruption in India is a consequence of the nexus between bureaucrats, politicians and criminals. Earlier, bribes were paid for getting wrong things done, but now bribe is paid for getting right things done at right time. Corruption is a vicious circle which keeps going on. It does not shock Indians anymore to know that not only the politicians, ministers and bureaucrats are corrupt, but even the judges, professors, doctors and NGOs, etc., also belong to the same category. Corruption is prevalent in almost every section of the society and at every level. Further, corruption has become something respectable in India, because respectable people are involved in it. Corruption has its way because everyone is happy and no one has any problem with it. All of us break laws everyday and we also love the fact that we can do so when it is convenient for us.
Corruption is like diabetes, it can be controlled but not altogether eliminated. Corruption may seem to be the ultimate truth to many of us. Some are the opinion that abolishing the evil of corruption is not totally impossible. Actually corruption is quite possible to have a corruption free state. It is a highly difficult target to achieve because it would warrant cooperation from each individual, every citizen, every individual, every institution and governing body right from the grass roots level to the elite class. What needs to be awakened is the inner soul, and one’s moral and ethical values.
In every government department, there is an officer appointed as public information officer, who is responsible for collecting the information wanted by the citizens and providing them with the relevant information. For this there is a nominal fee to be paid by the applicant. The person who approaches the public information officer is not required to give any reasons or additional information other that his or her contact details. The rules have it that after filling the application, the application must receive the information within a stipulated period of 30 days. In case the public information officer refuses to accept the application, the applicant does not receive the required information within the prescribed time, then the applicant can make a formal complaint to the respective Information Commission, which has the power to impose a penalty on the errant public information officer.
Secondly, if one has a grievance against any government department, one can use the Grievance Redressal Machinery to voice his or her problem so that it may be solved. But unfortunately , the officers in charge do little about the reports of grievances that they receive, so now, we can also keep a check on the working of the grievance redressal machinery of any department through RTI. When such applications are filed, investigation begins into these matters and the government departments themselves start correcting or speeding up to the process. Another potent check on corruption is the Central Vigilance Commission. It was set up by the government to advise and guide Central Government agencies in the area of Vigilance. If there are any cases of corruption or any complaints thereof , then that can be reported to the Central Vigilance Commission and redressal of the same can be sought. If one has any doubts regarding the working of Central Vigilance Commission or regarding a particular grievance not satisfactorily redressed, then that can also be solved using RTI Act as suggested earlier. Central Vigilance Commission also shoulders the responsibility of creating more awareness among people regarding the consequences of giving and taking or bribes and corruption.
Establishment of special courts for speedy justice can be a huge positive aspect. If we establish special courts in every district depending upon the jurisdictional capacity, which has minimum procedural complexities, then it would be easier for a common man to reach the door of justice. Transparency and accountability are a must for proper functioning of a democratic system. Therefore , the functioning of the government should be made more accountable, citizen friendly, ethical and transparent. Evasion of tax payment causes huge economic losses to the country.
The political parties should be made to get their accounts audited regularly and their filing of income tax returns should be scrutinized carefully. There should be a strict code of enforcement for all the statutory requirements.
In the ultimate analysis, the one thing which has to be ensured is proper, impartial, and unbiased use of various anti corruption regulations to take strong, deterrent, and timely legal action against the offenders, irrespective of their political connections or money power. Politicians and bureaucrats will no doubt make India in times to come, a less corrupt or rather a corruption free state.

Koda made Rs 400 cr hawala transaction: I-T dept

Ranchi: Former Jharkhand chief minister and Lok Sabha MP Madhu Koda, who faces allegations of largescale corruption, is the son of a labourer whose family was once steeped in dire poverty.

Born in Patahatu village in West Singhbhum district, Koda, now 38, also worked as a labourer for a while in Jharkhand's rural parts before he decided to embrace politics.

He joined the Bharatiya Janata Party (BJP) in 1994, when the Congress was seen as a declining force. He got the ticket to contest assembly elections in 2000 and quickly became a minister after Jharkhand was carved out of Bihar in the same year.

He served as minister in both Babula Marandi and Arjun Mundu governments between 2000-2005.

He quit the BJP five years later when the party refused to field him in assembly elections.

IT dept to summon Koda for questioning

He fought the 2005 elections as an independent from Jagganthpur assembly seat and won.

Ironically, the BJP had to take Koda's support, and that of four other independents, to form the government in 2005. Koda became mines and geology minister in the new governmnt.

Very soon, stories of his corrupt dealings were rampant.

"We have come across some deals when Koda was the mines and geology minister and Arjun Munda was the chief minister. The deals indicate unaccounted transaction of money," Ujjawal Choudhary of the Income Tax department said.

Koda had differences with Munda over several issues. With the support of three other independents, he brought down the Munda government in September 2006.

Koda became chief minister with the support of the Congress, Rashtriya Janata Dal (RJD) and Jharkhand Mukti Morcha (JMM).

His time as the chief minister from September 2006 to August 2008 generated reams of stories about his wrongdoing.

Income Tax sleuths raid 70 places of Madhu Koda, associates

Two of three independents, who revolted along with Koda against Munda, are now in jail on graft cases. The third, Kamlesh Singh, also faces corruption allegations.

Despite anger in the Congress against him, coalition politics came in the way of his ouster.

In 2009, he fought the Lok Sabha election and won as an independent from Singhbhum.

Two cases of corruption have been lodged against Koda. He is accused of amassing assets beyond his known sources of income.

The Enforcement Directorate has lodged a case under the Prevention of Money Laundering Act (PMLA).

Koda has been accused of purchasing mines in Liberia in the name of his close associates worth $1.7 million (Rs 8.5 crore).

On Saturday, the income tax department and enforcement directorate raided 70 places across eight cities of India. Koda was also interrogated.

The Jharkhand vigilance department has also lodged a case against his associates -- Vinod Sinha and Sanjay Chaudhary.