Delhi court’s strictures against  CP,Delhi and his juniors in Delhi’s gang rape case, is a serious indictment of MHA.The blame game between MHA and Delhi govt over control of Delhi Police (DP) has exposed Delhi’s skewed governance structure with multiplicity of authorities. DP is inefficient, corrupt and insensitive due to its last jurisdiction and total absence of accountability.  Violations of local byelaws under the nose of DP has led to rampant unauthorised encroachments on public land .The DP is reluctant to remove encroachments as it is their regular source of illicit income.The scam is a thriving industry involving hundreds of crores worth of illegal  transactions. Traffic snarls are constant irritants due to Police apathy.

A Municipal Police force should be constituted in Delhi/ New Delhi for handling offences like violations of local byelaws leading to unauthorized encroachments. Functions of traffic management (along with traffic police) should  be transferred to NCT Delhi .The performance of officers  must be  monitored by Delhi’s Chief Secretary and the minutes must be kept in public domain as a shield against political interferences and cosmetic changes.

Off-loading DP of civic functions will enable Delhi’s Police Commissioner to focus his/her attention to critical areas like public and VIP security, women’ safety,anti-terrorism measures, law& order etc.

If the experiment succeeds in Delhi based on impact assessment study, then, it could be replicated elsewhere in the country.Will the MHA take a call ?

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The Constitutional provision for reservation was meant to enable the lower echelons of society join the main stream . It was initially envisaged for 20 years from the date of adoption of the Constitution. But, unfortunately,due to vote bank politics , the law makers in Parliament gave  successive  extensions for 65 years. The benefits of reservation are presently being cornered by affluent sections of reserved categories whereas the poor are getting further marginalized. It is suggested that reservation in present form is gradually phased out through Constitutional amendment.The benefit of ‘affirmative action’ must be allowed ,across the board, based on the criteria of economic backwardness  irrespective of  Class or Castes.

 Merit is undoubtedly compromised due to lowering of  general qualifying standards for SC/ST/OBC while filling vacancies in these categories. This applies to all exams conducted by the UPSC , SSC and other recruitment bodies across the country.

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Provision of the pernicious "single-point-directive", that exempts senior bureaucrats of the rank of Joint Secretary and above from direct probe by CBI in corruption cases, without prior prosecution sanctions of GOI, must be revisited. The Apex court in 1997 had quashed the exemption clause incorporated in the executive resolution of 1964 that created the CVC. The GoI, however, decided to restore it with statutory force through incorporation in the CVC Act.

According to reply by DOP&T to a Parliament question, the GoI during the last four years, denied sanctions in respect of 15 officers of the level of JS and above, against whom the CBI had solid evidences of graft charges. Worse, 14 cases, filed by CBI had to be closed for want of prosecution sanctions.

 The law cannot inhibit probe against senior bureaucrats and public sector executives and cover merely junior officers and PSU executives. Restoration, based on discrimination, is bad in law.ItsConstitutional validity must be examined by the Law commission, legal luminaries in the light of principle of "Equality before law”. Need it be mentioned that the level of JS and above is the cutting edge level for policy decision making and the scope of corruption is high.

A K Saxena (A retired civil servant)

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The Delhi bus rape victim remained nameless throughout medical treatment. She was given names like :  Damini,  Amaanat, Jyoti, Nirbhay etc by the Media. Fair enough. 

 

But,could she be allowed to die in anonymity?Is it ethical? Was there a demand from the kins to keep her name secret? Supreme court’s directions apply to   living specie, not those who were murdered. Then, why is her name being kept a State secret?  Was the GOI (Read as 10-Janpath) scared of backlash by protestors ( 

 

One senior TV  journalist called them ‘lumpens’) had the girl’s identity been  revealed? Even cremation was carried out hurriedly at the government selected site at unearthly hours and under cover of darkness.

 

I agree with Shashi Tharoor. Naming the proposed anti-rape law after Delhi' bus gangrape victim is appropriate and would act as a deterrent. This would keep alive memories of  huge public angst against the rape and the stiff penalties, if any, in the minds of potential criminals.

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The death of Delhi’s gangrape victim has jolted the conscience of every Indian. The spurt in the number of rape could be attributed to bad governance, lack of fear of law and growing insensitivity of police personnel . The penalty for rape as provided in IPC, does not match the culpability of outraging a woman’s modesty.The public outcry for capital punishment in rape cases merits consideration of law makers as this alone could instill fear in criminal minds.The offence of rape must be made  cognizable  and non-bailable.  The suggestion for ‘chemical castration’ cannot provide deterrence due to its reversibility.This could apply on  offenders who are on parole.

 The Presidential power for commuting death sentences into life imprisonment,   merits to  be reviewed through legislative intervention.  The exercise of  such power, being arbitrary and discretionary, merely encourages political interferences. Views of sociologists and psychologists must be considered along with police experience. While enhancing  penalty,  it  must be ensured  that there is no scope  for misuse  by women on the analogy of  Sec 498 (A) IPC in dowry cases.

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January 1301

“Hum Dekhenge”

WHENEVER I FEEL FRUSTRATED WITH THE ARROGANT  STYLE OF GOVERNANCE OF THE PRESENT  RULING DISPENSATION AND  CYNICISM SETS IN , I RECALL THE WRITINGS OF MY FAVOURITE URDU POET OF THE SUB-CONTINENT: "FAIZ AHMED FAIZ' ,THROUGH HIS IMMORTAL KALAAM 

“Hum Dekhenge”

- Faiz Ahmed Faiz

------------------------------

Hum dekhenge

Lazim hai ke hum bhi dekhenge

Woh din ke jis ka waada hai

Jo loh-e-azl pe likha hai

Hum dekhenge

 

Jab zulm-o-sitam ke koh-e-garaan

Rui ki tarah ud jayenge

Hum mehkumoon ke paun tale

Yeh dharti dhad dhad dhadkagi

Aur ehl-e-hukum ke sar upar

Jab bijli kad kad kadkegi

Hum dekhenge

 

Jab arz-e-khuda ke Kabe se

Sab but uthwaye jayenge

Hum ahl-e-safa mardood-e-haram

Masnad pe bithaye jayenge

Sab taaj uchale jayenge

Sab takht giraye jayenge

 

Bas naam rahega Allah ka

Jo ghayab bhi hai hazir bhi

Jo nazir bhi hai manzar bhi

Uthega analhaq ka naara

Jo main bhi hoon aur tum bhi ho

Aur raaj karegi khalq-e-khuda

Jo main bhi hoon aur tum bhi ho

 

Hum dekhenge

Lazim hai ke hum bhi dekhenge

Hum dekhenge 

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The PMO has no locus standi in clarifying  GOI's stand on the allegations made against Vadra, a private person as per PMO’s perception.

But, he is also  the Congress's ‘damaad’. Hence ,he is a public servant as he is related to a prominent public servant called Sonia Gandhi. There is a  verdict from the Hon'ble Supreme court or some High court on the subject .The dividing line between the Congress and the GOI, is not blirred but has totally vanished. 

The Allahabad High court may order investigation by the CBI under its direct supervision to get at the bottom of the truth.

Incidentally, Vadra is related to country’s most powerful family.He is  politically exposed and cannot,therefore, be treated as a private person.Besides, he is getting all facilities like rent-free bungalow,free  electricity, water, transport, Z+ security etc.

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I remain addicted to the Times Now 9 PM debate anchored by Arnab Goswami.But,the selection of panelists for debates continues to be a riddle wrapped in enigma inside a mystery. I am apolitical.But,certain participants specially those who represent the Congress,seem to be unqualified.They digress from the Motion simply add to bitterness.The language used is highly intemperate,uncivil and even uncouth.Are they thrust by the Congress high command on Arnab Goswami,one wonders?Arnab must filter these unworthy "intellectuals" from such high profile debates as it impacts the credibility.The slanging between Subramaniam Swamy and someone called Sanjay Jha,was disgusting.The latter brought disgrace to the Congress party by his brutal sycophancy and much more.And, why has the Congress supremo again brought in Abhishek Manu Singhvi as General Secretary after his featuring in a video clipping containing porn stuff? Is the Congress devoid of sober spokespersons who carry modicum of respect in public eye? Whatever may be the compulsions,The Times Now TV will noy gain in its TRP without filtering the panellists.The Tom,Dick and Harry approach just to fill the slot will be disastrous.

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A majority of constituents of Retail sector  in the un-organized sector regularly defaults in payment of sales tax, income tax. It  pilfers power and encroaches  on public land .It is, however, smart enough to pay bribes to corrupt politicians, the Police, Sales tax, income tax, municipal officials and those working in  Bijli and Jal boards. The leakage of public money contributes to growth of black money, not GDP.Once the FDI becomes operational, in multi-brand retail sector, the circulation of black money could reduce marginally. The moot point is : Could the kirana store owners work out an effective response  mechanism to retain their  market share in the consumers’ shopping basket under the revised dispensation? Yes; but  not without consumers’ support. The Kirana shops in villages, towns and cities are located in the neighbourhoods. Their replacement by multi-brand retail outlets would be out of question. These will continue to receive patronage by consumers  due to their residential proximity combined with  high transport cost, traffic congestions, parking problems  around   Big bazaars, Malls  etc. These act as a damper  on consumer enthusiasm for visiting the Malls.

The Congress  is aware of ground realities.However,beleagured by public angst against serial scams, rising inflation , the party was in desperate hurry in notifying  FDI rules  by skipping  promised consultation with  political parties and without taking Parliamentary approval. The motive was loud and clear : To deflect public  attention from the latest Coalgate  scam allegedly involving  the PM , his aides and central Ministers. The fear that “foreign players will capitalise on India's high-cost manufacturing base” may not hold water in the face of experience gathered by  India’s majors like the Reliance. Big Bazaar etc.The backlash by Kirana owners and their salesmen against indian majors, is not forgotten.

The assumption that FDI  will boost india’s economic  independence ,is thus  fallacious ,simplistic and misleading. It will be a no-profit-no-loss conundrum in Indian scenario.

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Blog

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Security

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On the web

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Good luck and happy writing.

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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