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THE TIMES
A T H O U G H T F O R TO DAY
I

OF IDEAS

THE TIMES OF INDIA, NEW DELHI FRIDAY, MARCH 29, 2013

Coming together is a beginning. Keeping together is progress. Working together is success.

HENRY FORD

Pardoning Sanjay Dutt

He has a weak case against a poorly-framed law that fails to establish solid parameters
Rajeev Dhavan

Brick By Brics
India must refurbish its growth story to raise its profile in Brics and the world
o ones saying, Move over, Bretton Woods, Brics is here. But Brics nations Brazil, Russia, India, China and South Africa certainly grabbed eyeballs at their Durban summit by firming up plans for a new development bank to fund infrastructure and a $100 billion contingency reserve arrangement to provide themselves financial succour in times of trouble. The dressing on the side is a business council with great potential to boost trade and investment. Clearly, the groupings come a long way since its Yekaterinburg outing in 2009. Brics nations account for 21% of world GDP and have combined foreign exchange reserves of around $4.4 trillion. Though still an informal bloc of emerging economies, they symbolise a global power shift not yet adequately reflected in decision-making structures of international institutions like the World Bank and IMF or multilateral forums like G-20. In that sense, Durban signals their commitment to realising a planetary economic order that both reflects 21st century realities and is geared to the needs of developing countries. For India, moves to institutionalise Brics interaction bear some risks, though. With massive investment and infrastructure requirements, Indias had reason to back a development bank outside the West-dominated global financial edifice. But Chinas big bucks could help it acquire a steamrolling presence in such an organisation, and its willingness to chip in financially on behalf of others deepens misgivings. If voting rights are tied to contribution size, India will have to match up which its not equipped to do or accept its neighbours beefed-up clout within the grouping. Moreover, closer economic cooperation in Brics mustnt end up being conflated with automatic like-mindedness on all geopolitical issues. India will have to tread cautiously there. Brics economies must also work hard individually to push domestic growth. Over a decade ago, China, India, Russia and Brazil were dubbed future Atlases of the world economy and magnets for global capital. Today, slowdown and investor skittishness are realities. In Indias case, talk about rivalling a manufacturing giant such as China will remain talk unless our economys deep structural warts are removed to boost industry and create skilled jobs. For instance, the industrial development zones the commerce minister speaks of require junking of restrictive labour laws. Nor can difficult access to land, clearance-related regulatory tangles, uncertainty about tax regimes or stringent caveats to FDI policies please investors. Put simply, India needs big-bang reforms to lift investor mood and revert to high-trajectory growth. Global power ambitions must be backed by economic muscle.

Sanjay Dutts cause has been visibly hurt by some of those lobbying on his behalf. The power to pardon is vested in the governor on state subjects and the president for Union subjects, court martials and death penalty (Articles 72 and 161). Given that Sanjays punishment is under the Arms Act, it is safer to assume that it is the president, not the governor (G V Ramaniahs case (1974)) who can grant this pardon or exculpate him from the offence itself or the punishment, or reduce the punishment to that already undergone. A plea for total absolution would perhaps startle Sanjay himself. The power to pardon is quintessentially a political power where the president or governor is wholly bound by the advice of the cabinet (Maru Ram (1980)). The power transcends the judicial verdict in that the judicial record remains intact to be of the widest amplitude (covering) a myriad of situations (Kehar Singh (1989)) even though the wise Justice Krishna Iyer (Maru Ram) did suggest the need for tentative guidelines. The width of the power is immense: Historically , it is a sovereign power, politically , it is a residuary power, humanistically , it is in aid of intangible justice where im-

ponderable factors operate for the well being of the community (Krishna Goud (1976)). But, it is not clear whether being a political or public interest power, it is immune from judicial review. The Supreme Court invalidated purely partisan political uses of the power as unwarranted (Swaran Singh (1998), Satpal (2000)). While the broad intention of the Supreme Court is to keep its hands off reviewing the pardon power, it has retained the right to review decisions, by implication reminding politicians to be fair and just. Yet the contours of this hands off are fuzzy .

An unfortunate collision of reel life and real life

Indian penology has not advanced beyond the 18th-19th century. We know only punish and dont punish. We do nothing to reform prisoners or take note of those already reformed
Sanjay was convicted for possessing arms which invited a mandatory five years. Although absolved of antiterrorist crimes under TADA, it is publicly known that his arms were sourced from the Mumbai mafia bosses who were linked to the 1993 blasts. His claim that being half Muslim through his mother,

Nargis, he acquired rifles and hand grenades in self-defence strains credulity . If we accept this, every Indian who perceives a threat could amass arms for self-defence. Clearly , Sanjays procured arms from terrorist sources and kept them in his house. Equally clearly , he did not intend to use them for terrorist purposes. His naivete, however thoughtless, is difficult to dispute. He played with arms and circumstances which were more dangerous than he had imagined. These are factors that are relevant to the presidential verdict. The power of pardon has to examine four broad parameters. First, mercy so totally missing in the death penalty cases. Second, desert. Does that person deserve this given his situation, circumstances,

reformed character, role in the crime? Third, equality . Are there others similarly placed? By its very nature, this inquiry cannot be too farflung. The list of prisoners asking for clemency knows no limit. Fourth, public policy on pardons (e.g. age, women, long incarceration) and public interest (quite a different thing altogether involving often perverse reasons of state). Justice Krishna Iyer in Maru Ram (1980) wanted better parameters, but in Kuljeet (1981), the court was less enthusiastic, so the government can be arbitrary with impunity . The other judges feared that if guidelines were laid down, courts would begin to interfere. Unfortunately , the presidents power follows a will-of-the-wisp. Krishna Iyer was right.

In the clamour for Sanjays release, two things were totally overlooked. First, no one bothered to ask him what he wanted. His friends in the industry who knew him well were right to campaign. There are others who feel that Sanjay , who already had licensed arms, acted in self-defence in anticipation of some amorphous attack. This interpretation is nonsensical and can be used as a defence for anything. Sanjay has now made it clear that he does not wish to file a review (where he is right) or plead for a pardon (accepting he was rightly convicted). This shows the nobility and courage expected of him. But neither the constitutional text nor principle prevents the president from examining his case. However, the president will be hard put to find a proper basis for a singular pardon for him. Sanjay has a weak case against a capricious pardoning law. Indian penology has not advanced beyond the 18th-19th century. We have created prison and death as sui generis institutions. We know only punish and dont punish. Apart from remission on good behaviour, we do nothing to reform prisoners or take note of those already reformed. We do not think of truth and reconciliation. We know only the savagery of incarceration in savage prisons. Who treats prisoners savagely except those with influence?
The writer is a constitutional expert.

Feudal Democracy
Maharashtra cops suspension shows that politicians still see themselves as aristocracy

India needs many more universities for its student numbers

In a new collaborative move, the University of Chicago is setting up a centre in Delhi this year to interact with Indian students and researchers. Dipesh Chakrabarty, professor of history and South Asian studies at the University of Chicago, spoke with Monobina Gupta about why Chicago is keen on this Delhi centre, its other centre located in Beijing and why the Indian educational sector desperately needs to grow: I What are the main objectives of the proposed centre set up by Chicago University in Delhi? The objectives are to facilitate research and teaching collaboration between University of Chicago faculty and graduate students and their Indian counterparts across all areas of study Chicago offers, from business management, law, medicine, physical and biological sciences to the social sciences and the humanities, thus enlarging Chicagos footprint in India. In the process, we hope the traffic of researchers between this country and our campus will increase. We recognise India is going through a phase of contemplating significant reforms in higher education faculty development has been identified as a key aim of reform on the Indian side. We think as a worldclass research university, we can be partners in that process. Besides, Chicago has a very respectable tradition of research on South Asia. I This seems to be a very new model for interaction between educational institutions could you elaborate? Yes, i think of this as a pioneering venture. It will be a while before first-rate research to have a major presence in India without having to wait for the Foreign Education Providers Bill to be passed in the Indian Parliament. We retain our autonomy while deepening our engagement with this area of the world. I Given bureaucratic red tape, how difficult was the process of setting up the centre? Well, we avoided much of the governmental red tape as we decided to come in an institutional form that helped us retain our intellectual and financial autonomy while enabling us to reach out to our Indian colleagues. But there are legal processes a foreign university has to go through to set up its own bank accounts in India. Finding real estate requires due diligence. These processes take time. Perhaps, as more foreign institutions set up offices or even campuses in India, some of these will get easier. I You also have a centre in Beijing what has that experience been like? Very positive we now have more proposals for collaboration than we can probably handle. Having a presence in Beijing has also helped us recruit some top-rated China scholars in the US for they recognised that being at Chicago gave them immediate access to their research site. I Do you think the pending foreign universities Bill will enrich higher education in India? It will India needs many more universities and colleges to cope with the sheer number of students it has. Besides, having diversity of options in higher education will not only be good for students but good for the sector itself but much will depend on the actual shape of the Bill and how much control the government wants to retain.

he unedifying sight of the opposition in the Maharashtra state assembly holding proceedings hostage over the past several days with its demands for assistant police inspector Sachin Suryawanshis suspension and the state governments giving in has underscored once again the depths of the political classs self-regard. As matters stand, Suryawanshi was put in hospital by five legislators who assaulted him for having the temerity to flag down one of them Kshitij Thakur of the Bahujan Vikas Aaghadi for speeding, then appearing in the visitors gallery of the assembly where he allegedly provoked them. State home minister R R Patils justification for the suspension was that the policeman had used foul language against the legislator. The bizarreness of lawmakers agitating to have a policeman suspended on these grounds after he has been assaulted by some among them speaks for itself. And while it is further evidence of the distressing strain of hooliganism infecting Maharashtras politics, it also points to a larger problem that is not confined to one state. Whether its Vitthal Radadiya brandishing a gun at a tollbooth, Raj Thackeray espousing violent means to implement his nativist agenda or any one of dozens of scams, there is an assumption of immunity to the law. Winning an election or simply being a member of a political party is inferred to grant rights and privileges elevating politicians above the common citizen a logic more suited to a feudal aristocracy than a democracy. Equal standing before the law is the bedrock of the Indian politico-legal framework and the models it draws upon. There is no place in it for such elitism. Indian politicians would do well to remember this.

Q&A

universities from overseas set up campuses in India or go for largescale awarding of joint degrees. What were doing is to create a physical facility that will allow us to bring together Indian and Chicago faculty and research scholars for joint workshops, seminars, conferences, classes and so on this means a university of our kind and status will be able

Pee for power

We could say goodbye to bijli blackouts, thanks to made-in-India soo-soo
Jug Suraiya

THEY I SAID IT

They are so clever and such cheats that people believe them all the time

Do the people of Chennai have a problem with Sri Lanka or do political parties in Chennai have the problem? I think we know the answer!
HARSHA BHOGLE, cricket commentator, on Sri Lankan players being barred from Chennai IPL matches

SRK, glad you are giving heroines credit above your title. Please also do a few heroine-oriented films in which you play secondary role
SHABANA AZMI, actor/social activist, on Shah Rukh Khan promoting female actors

In a breakthrough, four teenage schoolgirlshave invented a pee- powered generator that converts one litre of urine into six hours of electricity. Times of India news report. The minister of blackouts whose earlier portfolio had been the minister of bijli, until there were more blackouts being generated than the supply of bijli, thus causing a change of name for his ministry had called a high-level meeting of his flunkeys. Minister of blackouts (holding up a copy of TOI): TOI has carried this absolutely earth-shaking report which could forever change the face of India that is Bharat! How come none of you flunkeys brought it to my notice? Flunkey-in-chief (speaking for all the other flunkeys): Forgive us, Sirji, but what with these constant power blackouts that Sirjis ministry has been generating under Sirjis inspired leadership, no one is able to read the TOI. Or, for that matter, anything else. Which is why theyve also changed the name of the ministry of education to the ministry of illiteracy . Because what is the point of teaching people to read if they cant read anyway because theres no light, thanks to your goodself s ministry, Sirji. MoB: Yes, yes, i know all that. But dont you see and dont say you cant see anything because theres a blackout that this news report changes everything? Thanks to the pee power that these schoolkids have invented we need no longer be the ministry of blackouts and can once again become the ministry of bijli. Because one thing that isnt in short supply in India is pee. Wherever you look you see people well, men, at least peeing in public. And what happens to all that potentially power-producing pee? It goes down the drain, literally . We must learn to harness the power of Indian pee! F-in-C: How do we do that, Sirji? MoB: By nationalising pee and declaring it to be a valuable natural resource, like coal or 2G spectrum. F-in-C: Oh goody! Then we can allocate pee like we allocated 2G spectrum and coal. And then along with the 2G scam, and the Coalgate scam we can also have the Peegate scam. MoB: Shut up, gadhe. Learn to mind your pees and qs. Mao got it all wrong when he said power comes out of the barrel of a gun. Well show the world that power bijli power comes out of a barrel of pee. A barrel of Indian pee. We could even start a national public awareness campaign : Pee for India, and become a Patriot with a capital Pee. F-in-C: Oh, Sirji, you are so brilliant, as always. They should give you the Nobel Pee prize. MoB: Hmmm, not a bad idea. Why dont you forward the suggestion to Stockholm? Along with a sample of the relevant product, which could become Indias biggest source of renewable energy . Bigger and better than hydel power, or solar power, or wind power. Pee power, which could turn India that is Bharat from an area of perpetual darkness into a festival of dazzling light, like a billion Diwalis rolled into one. F-in-C: Wah, wah, Sirji! How poetically put. Or should that be pee-etically put? Theres only one small thing that worries me. And that is the response of the rest of the world to Sirjis great discovery of pee power. MoB: And what do you think that response is likely to be? F-in-C: To put it in two words, Sirji: Piss off !
I

MULAYAM SINGH, Samajwadi Party supremo, on the Congress

SACRED S PAC E
Good Friday

The Significance Of The Last Supper

The washing of disciples feet represents the complete loss of self on the part he Easter season signals the advent of of Jesus. Far from being an act of humilispringtime, when the diminishing ation, it is a sign that Jesus is operating blankets of snow and paler shades of from the divine substance that is at the core white make way for a carpet of green. of his being, thereby giving meaning to Green shoots everywhere herald another the Last Supper that is to follow. It already cycle of life. Death and resurrection are the contains in seed the death and resurrecsubstance of nature, pregnant with poten- tion of Jesus during the next three days. tial for self-renewal. At the Last Supper Jesus spoke of his Surprisingly , while the three evange- impending death. Recalling his death lists Matthew, Mark and Luke narrate the would not make it the memorial it was event of the Last Supper of Jesus, John, meant to be unless his death became an the author of the fourth Gospel chooses to event in life. The resurrection of Jesus omit it altogether. Instead, his narrative is is that which gives substance to life that of Jesus washing the feet of his disciples. beyond the illusions of the ego-self, we He was keen to portray the essenare called to live out of the selfless tial substance of the concluding Self, commemorating the event not events in Jesuss life. In the Aristomerely as a ritual but as a true telian connotation of the term, memorial. Because the same power underlying the accidental trapof the divine is accessible to all hupings of colour, shape, form man beings, a power that is the and size is the substance of substance of our being. things that holds them together. The death and resurrection THE Christians recall the events of of Jesus is much more than I SPEAKING I the Sacred Triduum. John the paying attention to the physical Evangelist writes of these pain and suffering he experiTREE events so that we see through enced. It is faith which gives the veil of the descriptions of the event substance to our hopes. Fearful of losing to its substance. our lives, we eschew the opportunity it At the heart of these events is the me- provides to see beyond the illusion of morial that Jesus asks his disciples to things, the Reality that lies behind them. keep in his name. In Jewish tradition, By faith we go beyond the form and figure, memorial is not just the recalling of a past colour, shape and size and perceive the event, but rather making the substance of reality of the Lords presence in all those we a past event endure, making it present in meet, beyond the boundaries of race and the here and now. While Christians cele- colour, caste and creed. By not doing so, brate the memorial of the Last Supper, we the joy of spring will always elude us until need to remember that John is the one who we learn to leave ego-self behind and are places the washing of the disciples feet willing to lose our lives so that we can truly by Jesus as a memorial. At the end of it, find Life in all its fullness. Jesus tells his disciples that they must do The writer teaches meditation in the Christian tradition. Post your comments at speakingtree.in likewise. Do this in memory of me.
Christopher Mendonca

E D I T PAG EI MAILBOX

A long way to go
This is with reference to the editorial A Dreadful Snafu (March 27). Contradictory claims made after the arrest of Liyaqat Ali Shah point to all that is wrong with the countrys anti-terrorism activities. How is it possible that two police departments from two different states have totally different readings of the events? Why was it that no central agency was brought into the loop even though the arrested person was living outside the country? Both states should certainly have kept central agencies informed. It is a reflection on the sad state of affairs and the long way anti-terror agencies have to cover if they are to show some semblance of coordination in anti-terror operations. And it is also important that the central agencies identify those responsible for the mistakes and ensure that such events are not repeated.
Ajay Singh, DELHI

JUGULAR VEIN

Who his own self bare our sins in his own body on the tree that we, being dead to sins, should live unto righteousness: by whose stripes ye were healed.
The Bible 2.24

Good Friday is the mirror held up by Jesus so that we can see ourselves in all our stark reality, and then it turns us to that cross and to his eyes and we hear these words, Father forgive them for they know not what they do. Thats us!
Robert G Trache

A government on crutches
This is with reference to the article Will Uncertainty Gut Policy? (March 26) by Arvind Virmani. The current political landscape is precarious with the DMK withdrawing support to the UPA government. The Trinamool Congress had already broken up with the ruling coalition at the Centre. After losing two important allies the UPA is in dire need of support from the Samajwadi Party and Bahujan Samaj Party for its survival. Though both the SP and BSP are ideologically not aligned with the UPA, they could provide the support required as long as the the latter agrees to meet their unwarranted demands. But would such a political position be morally right?
Jitendra Kothari, VIA EMAIL
We want your views and comments. Please write to us at speakoutedit@timesgroup.com

Here is love, vast as the ocean, Loving kindness as the flood, When the Prince of Life, our Ransom, Shed for us His precious blood. Who His love will not remember? Who can cease to sing His praise? He can never be forgotten, Throughout Heavns eternal days.
Welsh hymn

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