Bofors 2 or Coffingate 2???? BJP’s attack boomerangs….

We have this habit of jumping the gun. Yesterday, when the story about the helicopter deal scam first broke, our over-zealous TV anchors (one in particular!) immediately put up a panel of UPA bashers and all but declared the PM, the Defence Minister and all who matter in the UPA guilty. Today, as the issues are becoming more clear (why does Indian media not demonstrate a little patience?), it must be worrying to the BJP that their attacks on the Congress might be boomeranging. In fact, it might not be Bofors 2 as the party might like it to be called; it could very easily be called Coffingate 2. The same Mr. George Fernandes who had earned himself a reputation in the original one might be the one responsible at least party for the scam!

Here are some of the facts that have emerged in the papers today. 

Firstly, the Swiss middleman who reportedy made 20 million euros from the Italian company has confessed to investigators that he had met then Air Chief Marshal (ACM) SP Tyagi “6-7 times” to discuss the technical specifications of the helicopters. He also said that of the 20 million euros he got, he had sent 12 million euros to Tyagi’s cousins in Delhi. All this is there in the investigation report filed by the Italian investigators with their court….but our media has this unique habit of shooting first and checking facts later. Had they done their homework, their reports yesterday might have been very different.

Of course ACM Tyagi has a story of his own and this is what makes the plot so interesting. As TV anchors shot their guns (and mouths) off last night stressing on the “change of specs” and the implications of corruption there, and the BJP joined them in chorus, ACM Tyagi pointed out that the specs were in fact changed in 2003 during the NDA rule! It was George Fernandes who was the Defence Minister then. As per ACM Tyagi, it was an NDA cabinet decision to dilute the specs. Normally, I would not question the wisdom of the cabinet in changing specs, as these are often required keeping ground realities in mind, but since it was the BJP that alluded to this being proof of being “caught red handed”, I am compelled to apply the same standards to the BJP now. Net net, by the BJP’s own logic, its cabinet was corrupt, and the change of specs reflects corrupt intent. Clearly, the BJP was not prepared for this, as Nirmala Seetharaman, the usually feisty BJP spokesperson, was very muted in her TV appearance last night. Usually, she has the habit of immediately butting in when the Congress spokesman is speaking, but last night, she was patient, waiting for her turn to come. And all she “demanded” was that the UPA government “give an explanation”! A far cry from the usual “Government must resign” rhetoric the party is used to. Give it another few days and the BJP will be running with its tail between its legs.

Jumping the gun – or call it journalistic immaturity – is visibly obvious in India. Our competitive media landscape forces our channels to forget that these are mere charges that the Italian investigators have made. The courts there haven’t heard the charges, nor the defence’s counter-points. They are far from ruling on the subject. For all we know, they may acquit someone and charge someone else in the deal. As far as Indian media is concerned, the charges made by investigators is the time when the case closes. It’s time when the anchors pronounce the verdict. This is an expression of our “freedom of speech”!

There is also the “minor” point of proving that Tyagi’s cousins and Tyagi himself are “connected” in this deal. If ACM Tyagi’s involvement has to be proved, then someone has to show that money flowed from the brothers to him. A money trail will have to be found. If it was a cash payment, then it may have been deposited somewhere, or siphoned off abroad through a hawala transaction, or something may have been bought with it, or whatever. It would definitely leave a trail behind. The CBI should find that trail out. Just because they are cousins is not enough in a court of law. 

Someone on the TV channel made a point that “the CBI is the wrong agency to probe this matter”, hinting that the CBI kowtows to the Congress wishes. Well, that someone may want to read the TOI today – the CBI is screaming that the UPA is stalling Coalgate by delaying giving it the documents required. Let’s decide once and for all whose side is the CBI on!

What is clear is that there is absolutely ZERO linkage to any UPA minister so far. It appears to be a case of corruption in the defence forces. Someone altered the specs to suit this Italian company. That someone was someone in the armed forces (and in the NDA cabinet), not in the UPA ministry. The only thing linking a minister in the UPA to this bribery case is the imagination of some of our TV anchors!

Of course the most entertaining part of this entire escapade is what I call the “emphatic desperation” of the BJP. They are so so grateful to god that this company is an Italian company! If one were to follow the BJP logic, India should stop dealing with Italy in all spheres till Sonia Gandhi (an Italian by birth) remains in India! So maybe its time to say goodbye to Ferrari, Gucci, Prada, Armani, D&G, Bvlgari, Benetton, Versace…..and of course Martini! Kicking this last brand out will find a lot of favor with the keepers of “bharatiya sanskriti”…..the sadhus that support the BJP!

The real truth is that its premature to comment on the helicopter scam. I would not be surprised if corruption was detected in the deal. But the real culprits might well be the bosses in the armed forces. This corruption precedes the UPA; in fact it has existed from time immemorial. There is nothing that implicates the UPA….

Why link helicopter bribe scam to UPA?

When a low ranking clerk in Madhya Pradesh was found with crores of rupees at his home, I don’t remember reading newspaper reports connecting the MP Chief Minister or his cabinet to the crime. Nor when a senior IAS couple were found in a similar fashion in the same state. Then why should the helicopter bribing issue – in which the ex IAF chief is alleged to have accepted a bribe to clear it – be linked to the UPA government? Sure, the deal happened during its watch. Sure, the Cabinet Committee on Security headed by the PM cleared the deal. So what? Does it mean that the government is corrupt? 

Yet, media outlets are making it appear as if it is. The facts of the matter speak a different story. Here is what has emerged so far. The CEO of the Italian firm, Finmeccanica, has been arrested for paying commissions on the deal to some European dealers. That amount is supposedly 51 million euros, or Rs 350 crores that is being bandied about in media. That commission may be illegal by Indian defence rules and the Italian supplier will have to be held accountable for it. Maybe the deal will be canceled. Maybe a penalty will be enforced. And as the cliché goes, the law will take its own course. But why make it look like the Rs 350 crore flowed back to Indian politicians? Honeslty, it’s too much of a leap. And definitely very poor journalism.

A small part of that Rs 350 crores must indeed have flowed back to India. Maybe the standard 10% that one hears of? Maybe a little lesser? And it appears, as per the report filed by Italian investigators (as reported in the Indian Express), that the bribe was paid to the then IAF chief, not to any politician. Everyone knows there is rampant corruption in the defence forces. The former Indian Army Chief, General VK Singh had also alleged that he had been offered Rs 14 crores in bribe. If that is the going rate for the Indian Army chief, then the IAF chief might have got around the same or a little lesser. The Government’s job is to make sure such corrupt people are duly punished, if and when they are found guilty. Setting up a CBI probe is a good idea, though some allege that it should have been done earlier, since allegations of corruption had surfaced earlier. I don’t know how feasible that is really. How many CBI probes can be set up merely on the basis of random allegations? Should all arms deals be “automatically” handed over to the CBI since almost all of them are in any case shrouded in corruption.

It is also a fact that much of these rumors are in fact spread by those who lose the contracts. In this case, the role of the Americans cannot be ignored. This is the beauty of the private sector. The muck eventually surfaces! 

I am reminded of the recent allegations made in the Indian media about Walmart – apparently bribing Indian politicians. That brought the Lok Sabha to a stop for a few hours. The American company had indeed paid lobbying fees, but to American politicians. The amount stated was for lobbying work done across a string of countries, one of which was India; yet Indian media and later Indian opposition leaders were happy to accuse the UPA of having accepted the “bribes”. There wasn’t even an iota of evidence presented. Not from this lobbying effort in any case. Lobbying in America is legal, and the declaration by Walmart to their Senate was part of that legal process. Yet, like bafoons, we in India made it look like someone had bribed our politicians.

In this case, the ministers involved – the PM, the Defence Minister Antony, the then Finance Minister Pranab Mukherjee – are known for their personal integrity. Not a single charge of corruption has been made on them ever. To allege that they were involved in the corruption is irresponsible journalism. Even the Italians have not done that. To assume that the IAF chief “take directions” from the minister on such acts of corruption (if proven true) is pathetic. Then the inane point that even the US has not ordered such sophisticated helicopters is bizarre. The US has several hundreds of such planes for VIP security; they may not have needed this one. The US is also not located in the most volatile and dangerous part of the world as India is. The US has had only 4 Presidens assassinated while in office in its nearly 250 years of existence. India on the other hand has seen 2 PMs and the Father of the nation himself, apart from scores of other politicians, assassinated in just its first 40 years. Besides, what is this inferiority complex that shows up repeatedly? Does the US set the standards for India??? Such type of irresponsible journalism needs to be checked.

The tendency to exaggerate is rampant with Indian authorities, including Indian media. The whole figure of Rs 1.76 lac crores in the 2G matter – as if that was money taken by politicians – was bandied about by the CAG first, the media and opposition leaders later. Yet, nothing has been found apart from the Rs 200 crore scam between the DB group and Raja (not proven yet). And recently, an effort by Unitech to influence the CBI prosecution (again, not proven, and strongly denied by Unitech). Ditto with the coal “scam”, where the CAG first and the media later chose to confuse policy decisions with corruption of some crazy order. Or the “Rs 70000 crore” CWG scam which supposedly started the UPA’s “downslide”. Well so far, Suresh Kalmadi has been charged with a low-level scam in which the actual corruption may not even be Rs 50 crores. Exaggeration is truly an Indian trait….!

Of course there is corruption in India. Lots of it. But to assume that it all happens “at the top” is scurrilous. It happens mostly at the lowest levels (the cop, the passport office clerk, the tax department). It also happens mostly in the states, where small and big bureaucrats and other officials make merry (and money!) outside the glare of national media. But in the glass fishbowl that is Delhi and especially in the porous offices of the central government, under the ever watchful eyes of media and scores of eager-beaver institutions, to think that such corruption happens in the upper echelons of government is impossible. No heed needs be paid to such accusations. The real world unfortunately is different. Perceptions built through such allegations survive far longer. The political damage is done.

The real truth is that when news of corruption breaks out, we all jump to the conclusion that the ministers must have made money. We just believe that…..somehow! In reality, there are a lot of people in the food chain who could have made the money. But in order for the story to gain traction, for it to become the talking point, it is important the allegations are leveled against the minister. That’s the immature reality of Indian media and politics….

CAG at it again….someone should rein him in

I get it. The CAG is a constitutional authority and I shouldn’t be breaking protocol by criticizing him so bluntly. But then shouldn’t he also understand what protocol is? Even if he doesn’t understand what his role is? The CAG is one messed up man; and someone simply needs to rein him in.

It’s a common decorum even opposition leaders keep when they speak abroad. They speak well of the country. Even when they raise issues of concern and bring up our several flaws, they speak in a way that shows that the country cares for them and is working on correcting them. No one goes out and speaks ill of the government in the accusing way in which the CAG spoke at the Harvard Kennedy School. No one uses the platform for political speeches. For this alone, the CAG should be ticked off. He should be restrained and cautioned. But politics being what it is, this will be impossible to do.

Now coming to the other point the CAG made. The CAG has accused the government of not wanting it to go beyond accounting. But does any auditor go beyond accounting? Digvijay Singh of the Congress has asked the question if the CAG is a political office or a constitutional one with a specific job assigned to it? If it’s a political office, which would allow the CAG to comment on policy, then the CAG should be appointed by an election. But if it’s a constitutional office, then it should follow the prescription of the constitution. The prescription is that the CAG may audit any government policy, but only to find out if its been executed well. Or if there are leakages, or corruption, or other failures. The CAG is right in pointing out the flaws in execution of NREGA, but the CAG cannot question if NREGA is the right policy or not. Likewise, it is right to bring up what appears to be a massive case of implementation failure in the farm waiver scheme announced by the Congress in 2009, but it cannot question if that was the right thing to do or not. That the BJP can do, but sometimes, the two (CAG and BJP) behave as if they are two sides of the same coin!

If the CAG is so concerned with policy, as it showed it was with 2G and CWG (more later), then may I ask why the CAG has still not brought out a report alleging what could be as much as a Rs 10 lac crore “loss” on sale of petro products at subsidized rates? More specifically, why has the CAG not brought out the huge loss as a result of kerosene and diesel subsidies? Surely, if the government charged full rates, then the government’s coffers would be fuller? I will tell you why the CAG has not brought out this report. Because if the CAG did that, it would get discredited by all political parties. We saw that recently when the government finally increased diesel prices and introduced subsidized-LPG quotas. All political parties demanded the steps be rolled back. So all parties actually support a higher “loss” on petro products! Is this why the CAG doesn’t audit this subject? Clearly shows that the CAG has at least one eye on the political situation in the country. 

Now coming to my pet subject of 2G auctions, and the CAG’s completely bizarre report of loss – based on 3 different formulae mind you. The only reason that subject is still alive is because the Congress has handled the situation in a hamhanded manner. Rather than backing Kapil Sibal’s correct assessment that the loss was zero, it chose to be contrite and make amends. Sibal was right. Yes, the government voluntarily chose a low license fee regime. Yes, it pegged pricing at 2002 levels. Yes, the PM and FM were involved in the decision as they would be. If they had said yes to it all, they would have been in the clear. But they told Sibal to back down. They “made amends”, and the results are there for all to see. Telecom pricing is rising. Telecom penetration is dropping. With more price rises in the offing, the penetration will dip by another 100-200 million subs. And these will be the poorest sections of the population; the ones that TV news channels and newspapers don’t care about. The middle class has assaulted the poor all over again; all thanks to the CAG. The only hope is that the auctions will continue to fail; so I will keep my fingers crossed. In the meanwhile, the 3G policy, on the basis of which the entire 2G loss estimate was built up, is floundering. 3G pricing is monstrously high, thanks to the “successful” auctions; and penetration is at 10% of planned levels. Good going, CAG.

In the meanwhile, the real “scam” numbers are starting to emerge. So far, and make a note of this dear readers, the ONLY case is against Raja, and that too for just Rs 200 crores (I am using “just” only in the context of the Rs 1.76 lac crores the CAG reported). There is no money trail from Unitech or DB group to any politician. Reliance’s crime was merely not following the policy of not having more than 10% stake in a second telco in the same circle, for which there would be suitable penalties prescribed in the policy itself. Chidambaram has been acquitted. And Raja has got bail. One auction has flopped. And the reserve fees have been slashed by between 30% and 50%. And like I mentioned earlier, 2G pricing has increased 25-50%. And many poor people are now without phones in their hands. Must compliment the CAG for this!

Ditto with respect to the Rs 1.86 lac crore coal block auctions. Again, there is no money trail leading to the ministers; yes there is some possibility of some wrongdoing by some politicians; both from the BJP and the Congress. Again, the CAG’s mandate should have been to focus on implementation of policy; instead it chose to focus on the policy itself. If it knew its job, we would have had much more “cleaning up” and much less “muck raising” as we have seen.

The real truth is that that Mr Rai has lowered the dignity and prestige of his office, by firstly, making it political and second, by breaking protocol and harming the country’s image. Someone needs to rein him in. Mr. Rai is no Seshan; he is just another General VK Singh. I am sure we’ll hear more about his political plans after he retires shortly….

Modi’s glass half full of water and air, or blood and gas???

In a college in Delhi yesterday, Narendra Modi, one of the BJP’s legion of PM aspirants said that he neither the saw a half-filled glass of water as half full, or as half empty. Instead, he saw it as half full of water and half of air. Err….I am sorry, but that’s a bit of an overclaim, just like everything else the Gujarat CM claims. In reality, the glass that Narendra Modi holds is half full of blood (of the Godhra victims) and half full of gas (the false claims he makes about the economic growth story of Gujarat). 

Lets take the gas first. I wrote about Modi’s growth claim first in Sept 2011 when Modi started on his Sadbhavna joke: “Modi’s growth story is a sham…..”. But many others have written about this growth chimera that Modi is attempting to create. On Oct 6, 2011, Dipankar Gupta wrote in the TOI: “Telling the Whole story” about how the Gujarat CM has misled the nation. The article brought out several stats to prove the point. Some nuggets: 1) In 1991, a full 10 years before Modi arrived, as many as 17,940 out of 18,028 villages were already electrified 2) 87.5% of Gujarat’s road were already asphalted before Modi. 3) By 2000-01, Gujarat’s share in India’s manufacturing had already risen to 28.7%. 4) Since 1980, Gujarat has been India’s poster state. Modi has nothing to do with the world’s largest ship-breaking yard coming up in Bhavnagar, nor with the setting up of the Ambani refinery in Jamnagar. 5) Well before Modi, Gujarat accounted for 45% of India’s petroleum products 6) Since the 1990s, Gujarat produces as much as 26% of the country’s pharmaceuticals 7) Because of the CM Chimanbhai Patel’s intervention in 1993, port traffic in the state jumped from a mere 3.18 million tonnes tonnes in1981 to 86.1 million tonnes in 2001. 8) During the 1990s, Gujarat successfully augmented 35% of its power generation capacity. 9) If Gujarat’s agriculture is prospering today, it is because the state has begun to receive Sardar Sarovar waters from 2002. Modi had little to do with the inauguration of this project, but he was at the right place at the right time to take the credit for it. If there was ever a person who reaped what somebody else had sown, then that is Modi.

What Dipankar Gupta did not write was that Gujarat’s agricultural output is so small even today that a high growth rate means little. Even today, after the tripling of production, overall foodgrains production in Gujarat is just 7.8 million tonnes. Compare this with UP (47 million tonnes), Punjab (27 million), arid Rajasthan (19 million), Haryana (16 million), Andhra (16 million), Maharashtra (15 million), Madhya Pradesh (15 million), West Bengal (14 million), Karnataka (13 million) and even lowly Bihar (10 million), and Gujarat’s growth number starts looking pale. Gujarat’s foodgrains production is just about comparable with Orissa’s and Chhatisgarh – a number that must surely irk Modi supporters. It is not as if Gujarat is the richest state either; Haryana, Punjab, Maharashtra and Kerala are all much better off….

Some more statistic to prove the natural gas in Modi’s claims? As per RBI data, the growth in Gujarat under Madhavsinh Solanki and Amarsingh Chaudhary (1980-81 to 1989-90) and Chimanbhai Patel (1990-91 to 1993-94) was stronger than under Modi. More statistics? Maharashtra, Haryana, Andhra, Delhi (all Cong ruled states) and Bihar, Orissa, even TN (all non-Cong, non-BJP states) have achieved growth rates higher than Gujarat. For those who may argue that Gujarat’s “base is bigger today”, let me assure them that the base for Maharashtra, Haryana, Andhra and TN is even bigger. More stats? On poverty, Gujarat is ranked at a lowly 8^th. On Human Development Index, it is a shameful record again. And on “Vibrant Gujarat”, where Modi claims half of India’s business leaders were “under one roof”, please ask how much of the announcements actually converted…..a measly 12% from four years back….

One other point on economics. On corruption, the impression that Modi creates is that he has not been linked to any scams. Of course he isn’t. How can he be when he “smartly” managed to stop the appointment of a Lok Ayukta in his state? And even when he was considering amending his Lok Ayukta Act, he wanted to have a majority (3 out of 5) members from the government, exactly opposite of what his central leadership was demanding from the Congress government at the center! Now that the Supreme Court has ruled against Modi and cleared the appointment of Justice Mehta as the state’s Lok Ayukta, we should see the beans spilling out. Before that happens, Modi wants to leapfrog to the center.

So yes, while the roads are good, and the industrial climate in Gujarat even better….for that, make sure you praise the people of Gujarat…..and not their “Hindu Hriday Samrat” who rules them.

That brings me to the other half of Modi’s glass – the glass that holds the blood of the Godhra victims. The blood that earned Modi the above title in the first place. The blood that continues to remain on his hands as he refuses to give proportionate representation to Muslims in his party and government. The blood of fake encounters, of personalized attacks on police officers who dare speak against him, and of his own party workers (ask Haren Pandya’s wife). The blood spilled over him by his party leaders who brought down the Babri Masjid. There is a lot of blood in Modi’s cup. In fact, it’s more than half the glass. It’s so much that the glass is spilling over with the blood.

The likes of VHP leader Ashok Singhal are crooning for Modi. Of course they will. Who else will “teach the Muslims a lesson” but for Modi? Who else will “show them their place” but for him. Who else will bring back “Ram Rajya” but for Modi? Two decades back, it was Advani. Today it is Modi. Two decades back, Advani got pipped to the PM’s job by a moderate – Vajpayee. One year later, we will see what happens to Modi….maybe this is what worries the BJP leadership and the RSS. Maybe when the BJP is this close to power (as it imagines), it doesn’t want to take the risk with Modi….

So what are we saying about Modi? That he is a bad CM. Not at all. He’s a good CM who has done a good job of continuing with the work his predecessors started. But he is full of gas in his claims of being better than the others. Is he bad for the PM’s post? No. He’s as good as a candidate as any in the BJP as far as hardcore BJP supporters go. But when it comes to allies, no one wants to touch him. Is he charismatic? Of course he is. Why else would he attrack so much media coverage and so many posts from me! Is he just a marketing gas bag? Yes. Exactly. Is it bad to market oneself so well? No. It’s part of the game!

The real truth is that Modi’s good oratory gets him the media bytes. He makes an initial impression on people. But by the time the actual voting happens, much of the initial impression is replaced by other impressions. All of which together bring out the truth about a person. Very soon, the students of SRCC, progressive liberals I would imagine, will see what Modi’s glass is filled with….

Bigots hell bent on bringing disrepute to religion….

So many incidents have taken place of late which have done nothing but bring disrepute to various religions. As if the issuance of the fatwa by the Grand Mufti of J&K against a girl band was not bad enough, today’s story in the TOI of an Iranian girl band performing freely in that country and worldwide made India look medieval in comparison. And almost as if they didn’t want to be left behind, ultra fanatical Hindu group Durga Vahini – a part of the BJP family – demanded and succeeded in getting 3 “offensive” Hindu paintings removed from an exhibition in Bangalore. Both these incidents, as so many others in the recent past – have tarnished the reputation of Islam and Hinduism. The bigots who lead such groups need to be lynched in public.

Those who have traveled to the Muslim world know that there are all kinds of Muslim countries, from the most liberal to the most orthodox. On the one hand, there is Turkey, which for all practical purposes is a European country. Turkey culturally is more “European” than “Asian”, though geographically it straddles both continents. Since the most stringent test of modernity is usually one which defines the status of women in the society, let me say that women in Turkey look exactly like their European counterparts. They don’t cover their head with scarves, don’t wear the hijab, nor do they shy away from kissing their boyfriends in public, nor for that matter, playing rock music in an all-woman’s band. If Turkey is considered to be too much of an outlier, just look at Malaysia, a country where women may be dressed more modestly, but who otherwise rub shoulders (quite literally) with their men folk. I have seen women taxi and bus drivers in Kualalampur, as well as working in bars. Take the UAE. Several of the country’s emirates may be very orthodox, but look at how modern they have allowed Dubai to become. Dubai hosts nationals of some 100 countries; and while all of them observe certain basic local cultures, Dubai is a hundred times more liberal than Delhi or Mumbai.

So to blame Islam for hardened, orthodox beliefs, especially against what is commonly understood to be “modern lifestyle”, is perhaps unfair. Unfortunately, thanks to certain wayward elements, Islam has got connected with all the worst possible associations of regressive society: terror, illiberal culture, unfairness to women, issuance of fatwas, ultra-religious identities. If there is anyone who does the most damage to Islam’s image, it is the Muslims themselves, or rather the fringe minorities, the “culture minders”, who have taken it upon themselves to interpret the religion in one particular way.

It’s not different with Hindus and Hinduism. The beauty of Hinduism is that it is “inclusive” and “non-prescriptive”. The fact that there are literally thousands of gods and goddesses, and many more rituals, is evidence that it is non-prescriptive. Each person is free to worship whoever he or she is comfortable with. While Hindus are religious by nature, it is wrong to say that they are fanatical about religion. Given this reality, there is all the more reason for Hindus to reject the fringe elements who unfortunately make all the noise. The Durga Vahinis, the Bajrang Dals, the Vishwa Hindu Parishads, even the RSS – and their leaders – are the ones who bring the maximum disrepute to Hinduism. Who gave these organizations the right to usurp powers to “defend” the religion? If the people support such organizations, then why is it that the BJP, the political spout of these bodies, or the the Shiv Sena, the other party strongly Hindu in its orientation, have never managed to rule either India or the state of Maharashtra for long? For the records, the BJP has ruled India for just 6-7 years out of 65; and the BJP-Shiv Sena alliance has ruled Maharashtra just once for 5 years.

The reason of course is that most Hindus are moderates. They believe correctly that religion has no place in the public arena; that it is a private affair, practiced in the confines of a home. It is the Praveen Togadias, the Ashok Singhals, the Mohan Bhagwats who want to give an image of Hindus being aggressive. As is typical of any bully, these leaders come to life in states where there is a protective BJP government in place; a government which will ensure they are not arrested or prevented from their nefarious activities. If these people are allowed to take over, they will bring ignominy to Hinduism – as they did with the demolition of the Babri Masjid, the perpetration of the Gujarat riots, and the acts of terrorism, rightly called Hindu or saffron terrorism.

Exploiting religious beliefs is the lowest possible form of politics or “leadership”. Anyone with a depraved mind can do it. I am surprised how in a country with 85% Hindus, Hindus can possibly feel insecure. Or in a state like J&K with a majority of Muslims, how Muslims can feel insecure. Numbers are supposed to provide security. Security that should lead to a more progressive mindset. Security that should allow one to explore new ideas, free up one’s minds, and reach out to the rest with confidence. What we see with extremist Hindu and Muslim outfits is the exact opposite. The security of numbers gives them the comfort to exploit and extort, without doubt for purely political and selfish reasons.

Those who practice divisive politics cannot stop themselves from going further. So Hindu leaders additionally also exploit caste schisms, and almost all political parties, mostly the regional ones, have caste equations at their core. It’s no different with the Muslims with divisions of Shias and Sunnis, and Ahmadis and Sufis, all being exploited in various ways.

It’s time for India to decide what type of company it wants to keep. Does it want to be identified with Teheran and Riyadh (and Islamabad) or with New York and London and Paris. All these western capitals are strongly Christian by religion, but they keep their Christianity outside the streets, and outside their seats of power. They keep their Christianity where it belongs – inside their hearts, and inside their places of worship. Why can’t India be like them? Why do we have to wear our religion on our sleeves?

The real truth is that we have to make a choice. We need to decide what we want to make India. A liberal country that keeps company with the most liberal in the world, or a Talibanised nation that continues to be connected with the extremists. In my mind, we have no option but to show the bigots the door. And in doing so, protect our purity of all our religions from further disrepute….

Women, don’t go the Anna way….don’t complain all the time

I must say this. I was really really surprised by the reaction of certain women’s activists to the UPA government’s decision to enact an ordinance to put into immediate effect most of Justice Verma’s recommendations on rape laws. For once, and we know how rarely that is, the government was moving at the same pace as the people; and yet, the people were complaining. There is a striking similarity between this and the conduct of Team Anna last year when the Lokpal bill was being discussed. That attitude took them no where. I wish and pray that women activists will not make the same mistake as Anna made.

There are many similarities between Anna’s constant tirades against the government and those of the women activists:

1)    Anna thought his ideas were the best. He insisted that only his points be included in the law. There was an obvious hint that anyone who did not agree with him was corrupt. It’s appearing to be the same with the women activists. It appears that they believe only their views are perfect. That gender equality is wrong. That marital rape must be included. That army personnel must be punished under civilian laws. Etc etc. This is childish at the very minimum, and truly sinister at the maximum. Excuse me, but we are a democracy, and there are other voices that must be heard too. I for one believe gender equality is a must. Women needn’t think that only they get sexually abused. There are a lot of boys, and young men who get abused as well. Not by women, but by other men. Surely they need protection? And marital rape is a complicated subject. Do women want to first discuss how 498(A) – the dowry-harassment-protection provision was abused by women? If they don’t want to, they have no right to be part of the law making process. And army matters are best left to their own rules.

2)    Anna never appreciated anything the government did. Even when the government insisted on enacting the Lok Ayuktas along with the Lokpal, and the BJP opposed, Anna criticized the government. This made Anna look anti-Congress, rather than pro-Lokpal. Women must also appreciate the speed with which the government enacted an ordinance; even while continuing with the pressure to do more. Too much of criticism saps the energy of those working at making our women safe. A little pat on the back goes a long way.

3)    Anna failed to understand ground realities. He wanted Group D workers included under the Lokpal’s purview. He failed to understand that that would necessitate creating a monster of a Lokpal machinery; one that would most likely suffer from the same corruption that it was being set up to remove. Likewise, women must understand the ground realities. Marital rape is unfortunately a reality, but making it illegal without having a better investigative mechanism will be futile. In India, suicide is considered a crime, but does that not stop or reduce suicides. We already have a domestic violence act, but that hasn’t stopped domestic violence. The anti-dowry act makes dowries illegal, but that has hardly reduced the scourge. Women must realize just making marital rapes illegal will not solve the problem by itself. Focus on the police mechanism ladies.

4)    Anna failed to appreciate the complex law making process this country has. He failed to understand that political parties make one kind of statements in public, and another in the standing committees, where the bills are discussed. Women, please don’t make that mistake. Allow the laws to go through the process. Be patient. Challenge political parties when they do the debates in Parliament. Don’t go by TV statements alone.

5)    Anna assumed all politicians are corrupt. He started off with this cynical attitude. Remember Kiran Bedi’s “ghoonghat” act. That tipped the scales against Anna. Women, please don’t make the same mistake. I still want to believe most men are decent in this country. They are on your side. So also many (if not most) politicians. The seniormost in all parties are liberal and on your side. Have a little faith in the system.

6)    Anna couldn’t stay the course. In hardly no time, his movement dissipated into chaos. It broke up. Half of it went political; the other half is ridden with contradictions and ego issues. Women, please stay organized. This is a long haul. Not the making of the laws. That will happen quickly. But changing the society. Please stay firm on course. The women of this country expect that from you. Don’t let them down as Anna did. We still don’t have any Lokpal and for all I know, we may not have one for another 40 years. Sometimes, it is better to be smart, than try to be perfect.

7)    And lastly women, don’t rely on the TV news channels. They are fair weather friends. They will exploit you for TRPs just like they did Anna last year. They will look for masala, when you are looking for justice. They will appear to walk with you, but they will walk away the moment another story tempts them. Use media, but be aware of its failings.

The real truth is that the ordinance is a good positive move. We must appreciate that the government has learnt its lessons and is moving fast. Let’s not be cynical. This does not mean that we must be less demanding. All I am saying is that cynicism never wins the game. Positivity does….

Marital rape law possible….but only after police reforms

The UPA government has enacted an ordinance putting into force most of Justice Verma’s recommendations on amending rape laws and going farther on a few issues. The rape laws have been made stricter, in line with what people wanted and the punishment enhanced. There is also now a provision for death in extreme cases. Strict laws is what people want, but with an incompetent, corrupt, feudal and forensically dinosaurial police system in place, such strict laws can be abused innocent people harassed. Which is why it is impossible to have a law recognizing marital rape in India till the time we can make the police a lot more sophisticated.

Take our experience with Sec 498(A) of the Indian Penal Code. In 1983, the government added this section to protect women from harassment by their husbands and in-laws on dowry related matters. The act made such complaints cognizable (accused can be arrested without a warrant), non-compoundable (the woman cannot withdraw her complaint once filed) and non-bailable (bail has to be taken only from court). The act gave a huge amount of power to women to protect themselves from rapacious husbands and in-laws. The act also put trust in the police and judicial systems – to ensure that false complaints were quickly sifted out, and that good honest people were not harassed. At that time, it was perhaps difficult for anyone to mention the possible abuse of such a powerful law; he would have been considered to be one supporting dowry. Today we know for a fact that 498(A) has been hugely abused. A bench of the Supreme Court recently instructed the government to amend the act. As per court records, 85% of the cases registered under this act were proven to be false. It led the Supreme Court to call the matter “legal terrorism”. Thousands of innocent men suffered hugely. They were forced to spend years in jail. Clearly, ham handed police work had led to decent families being accused; and their images being permanently tarnished.

It is in this context that we should look at the concept of marital rapes. Agreed, marital rape is an issue that has to be addressed. The reasons for the same are all very obvious: wives have no voice in their homes; they dare not protest for fear of violence and so on. But equally, there is a real risk that wives may abuse the provisions of this law and harass their husbands. No one will know the truth – and no victim will ever get justice – if the police work remains as it is today. Decent men will be in jails; and battered women will not get justice. It’s a tricky situation. Not recognizing marital rape makes India a regressive country – more than a hundred countries already have similar laws. But recognizing it, with the kind of investigative mechanism we have in place, is equally dangerous.

We know how our cops are. They are happy to take bribes to stop an FIR from getting filed; or for filing a wrong FIR against someone; or for simply harassing people for crimes not committed by them. Our newspapers are full of stories of police abuse, and of hamhanded investigations. The courts have ticked off the police for incompetency and worse. In the Aarushi murder case, the cops allowed media people and neighbors to trample over the crime scene, compromising so much evidence in the process. We know that our cops can plant evidence against innocent people if the monetary incentive to them is good enough. We know that the rich and the famous often bribe their way out of difficult situations. Knowing all this, how can we give so much power to the police on a subject as difficult as marital rape? 

I don’t think we can recognize marital rape till we have police reforms. If 85% of those accused under 498(A) were innocent, then it’s unfair to enact another act which could be similarly abused. It’s too sophisticated a concept for a feudal paternalistic society and an even more feudal and paternalistic police force. We must first implement police reforms, then enact laws on marital rape. Till police reforms take place, we must live with the opprobrium of not having laws on par with the western world. But then, when we compare our laws with the West, we should not forget the link between strict laws and efficient investigative capabilities. 

The real truth is that we are simply not ready to have laws on marital rape. We simply don’t have the capability to investigate marital rape cases. Rather than making lives better for women, we may end up making life miserable for many more men. If anything, the debate must shift towards police reforms….