Security cover to VIPs and over stretched Central Police Forces

Photo: India Today

By Nebil Nizar

Media buzzed with reports of the Union government granting Y-category security for the protection of the leader of a newly floated political party in Kerala, which is close to the BJP. The Supreme Court, in the aftermath of the Delhi gang rape of December 16, 2012, had earlier raised concerns for diverting security personnel for VIP duties.

Keeping all this in mind, two questions need to be answered: first, who deserves protection? Second, which agency should provide them?

Security cover is generally granted to public figures or politically important persons who have threat from assault, kidnapping, assassination, harassment, loss of confidential information or other criminal offences.

The granting of security cover and stripping of the same is always a matter of political controversy in a country like India which doesn't have a witness protection programme owing to lack of funds and shortage of manpower.

Controversy erupted recently when the security cover provided to former Union ministers Salman Khurshid and Manish Tiwari was completely done away with. Former deputy home minister R.P.N. Singh got his security downgraded to Y-category.

C.R.P.F., an internal security
 maintenance force, is
providing security cover to a
business magnet.
Photo: DNA India

One the other hand, Baba Ramdev got his Z-category security extended all over India and Muzaffarnagar riots case accused Sangeet Som got Z-plus category. Similarly, the decision to give C.R.P.F. cover to business magnet Mukesh Ambani by the U.P.A. government turned out to be controversial.

The decision to give security cover or to modify it or even to strip it is now taken by a Protection Review Group headed by the home secretary and has officials from the intelligence bureau on board.

Another committee performing a similar function is the Security Categorisation Committee. The pressure allegedly exerted by the political executive always made the decisions of this committee controversial.

The Kargil Review Committee (KRC) set up immediately after the 1999 conflict insists on "One Border, One Force". On the lines of this recommendation, to avoid conflict and confusion by deploying more than one uniformed force, the government of India entrusted the duties of one border area to one force.

Nepal and Bhutan borders were entrusted to the Sashastra Seema Bal (S.S.B.), China to the Indo-Tibetian Border Police (I.T.B.P.), Myanmar to Assam Rifles (A.R), Pakistan and Bangladesh to the Border Security Force (B.S.F.).

National Security Adviser
Shri. Ajit Doval enjoys CISF
Protection, the agency tasked for this work.
Photo: Deccan Chronicle

One agency for protection duties is also a similar need. Now C.R.P.F., C.I.S.F., I.T.B.P. along with N.S.G. and S.P.G. forms the security detail of the protectees. The Union government has announced once again two years back that the C.I.S.F. will become N.S.G.'s substitute for VIP protection.

The decision to induct the C.I.S.F. into VIP protection was taken in 2002 on the recommendation of a group of ministers, which said that the N.S.G., I.T.B.P., C.R.P.F. and other security agencies providing VIP security be relieved from such duties so that they could concentrate on the tasks they had been created for.

A Pioneer news report dated March 27, 2014 says, the C.R.P.F. has decided to transfer the resources under its elite anti-naxal CoBRA unit to equip personnel engaged in VIP protection. The report further adds that the force is placing bullet proof vehicles in different parts of the country for VIP movement.

Keep in mind, the C.R.P.F. was created to assist the state governments in maintaining law and order and for counter-insurgency duties.

If officers and men are drained for VIP security duties from the C.R.P.F., then normally officers and personnel from border guarding forces like the B.S.F., I.T.B.P. and S.S.B. must be brought in for anti-Naxal operations. A country like India with a hostile neighborhood cannot afford that. Trained mercenaries were able to infiltrate the Punjab border and the tremor was felt in Pathankot recently.

C.R.P.F. protectees include B.J.P. leaders Amit Shah and Subramaniyam Swamy, former Punjab D.G.P. K.P.S. Gill, and DMK's M.K. Stalin. The VIPs under C.I.S.F. cover include R.S.S. chief Mohan Bhagwat, deputy home minister Kiren Rijiju and national security adviser Ajit Doval.

Delhi Chief Minister
Shri. Aravind Khejriwal

The Delhi government openly admitted in the Supreme Court that 8,049 police personnel were deployed to protect VIPs at Rs 341 crore a year in the capital alone. This number is in addition to the members of the elite protection units of the S.P.G., N.S.G., I.T.B.P., C.R.P.F. and C.I.S.F.

At a time when crimes against women are rising and domestic threats increasing, the need for rationalization of security cover is of extreme importance. The influence of the political leadership should be stripped and a committee to recommend security cover should be headed by a serving/retired Supreme Court judge. Intelligence agencies shall aid the said committee. Also, the protection duty must be entrusted to the CISF alone as this special force was created for this duty and all other forces should be relieved of VIP duties.

(Originally published at http://www.dailyo.in/politics/security-cover-vip-duties-internal-security-threats-rpf-cisf-itbp-nsg-spg-anti-naxal-cobra-protectee/story/1/8797.html ) 

Dangers of opinions manufactured on Twitter and Facebook

Photo: designntrend.com

By Nebil Nizar

The Friday sermon delivered by the Imam of the Grand Mosque in Makkah last Friday slammed irresponsible social media use in Saudi Arabia. This serious misuse of the digital space is not geographically limited to West Asia alone. News feeds buzzed with updates about the transfer of an Indian Police Service officer in Kerala.

In an age when revolutions were tweeted, a transfer engineered by the activists at the tip of their mouse is no big thing.

Democracy is not just a form of government in which the government are elected by the people; it is also about plurality of ideas. As noted political thinker, JS Mill advocated in On Liberty, truth does not emerge by itself; it is only through a conflict of opposing views that truth emerges.

Right to freedom of speech is recognised as a human right in Universal Declaration of Human Rights and International Covenant on Civil and Political Rights. It is also recognised as a fundamental right in the Constitution of India.

Governments all over the world sensed the importance of directly communicating and thereby engaging with the people at large. In India, Shashi Tharoor was one of the first politicians to use microblogging website Twiter to connect with the masses. It is now used by almost every leader and the present Prime Minister Narendra Modi has used it as a diplomacy tool many times.

Internet as a free space is also used by activists to campaign for causes which the mainstream media is never interested to carry. The Hashtag activism started with the Occupy Wall Street protest, initially with an aim to coordinate twitter conversations, spread to other social media outfits as well. Internet enables activists to communicate inexpensively and also in a timely manner.

The real issue starts when opinions are manufactured in the digital space. The Makkah Imam observed that there was a tendency on social media to find fault with others and spread lies and half truths about other people and the country. The medium can be used to spread dissatisfaction.

Many people will like/follow/share and view only those pages or sites which are in harmony with their inflexible world view. When a feeble-minded person sees another with the same mindset, a bond develops between them. The situation turns worse when they decide to take on digitally the one who disagrees with their view.

The recent passage of the Juvenile Justice Amendment Act by the Indian Parliament stands out as a textbook example of being swayed away by the opinion of a mob. Social media believes that by the passage of the Act, all abuses against women in India are over.

The last Republic Day saw abuses on social media against the vice president of India, Hamid Ansari, for not saluting during the parade. The abuse went to the extent of calling him a traitor and even a jihadi sympathiser. Later when the protocol was checked, the vice president, a former member of elite Indian Foreign Service, was right and all those who saluted, sans the president were wrong.

In a developing nation like India, millions are stopped from meaningfully engage online due to technological illiteracy or lack of access to technology. Then how can the opinion of a few be claimed as the opinion of the community at large?

Social media is a double-edged sword. A party, a recent phenomenon in Indian politics, showed us that opinions can be gathered from the common man directly before arriving at an important decision. Every decision by the high and mighty state should be objectively taken after weighing the pros and cons.

In a vibrant democracy, where people gave their mandate to the government to rule through free and fair elections, we should not bow to the pressure created by a few netizens in the name of the majority.


(Originally published at http://www.dailyo.in/politics/social-media-twitter-shashi-tharoor-narendra-modi-juvenile-justice-bill-mob-mentality-trolls-hamid-ansari/story/1/8679.html)

Make study of the Constitution compulsory for Indian lawmakers

Central Hall of Indian Parliament
Photo: http://www.abdulkalam.nic.in/

By Nebil Nizar

The values and ideals cherished by the people of a country are enshrined in their Constitution. Similarly, dreams and aspirations of the citizenry of the world’s largest democracy can be seen in the Constitution of India. The smell of the blood of millions who lost their lives in the freedom struggle and the millions who suffered at the hands of the mighty British Empire can be heard. This brilliant work is the cornerstone of this great nation called India.

The president of India, as the head of state, takes the oath of defending the Constitution of India. The head of state can be impeached for the sole reason - violation of the Constitution of India. The Constitution in Part IV, i.e. titled Fundamental Duties, says it shall be the duty of every citizen to abide by the Constitution and respect its ideals and institutions. All laws made in the country must be in tune with the Constitution. Any violation follows a consequence: striking down by the judiciary.

The Supreme Court of India in Keshavananda Bharati case has evolved the basic structure doctrine, which bars Parliament from altering the core principles of the “holy book” of Indian democracy.

Few days back, a responsible functionary of the Delhi government thundered: “Rajya Sabha has let down the entire country. Had the MPs in the Rajya Sabha passed the amendments to the Juvenile Justice Act, this man (the convict) would have been in jail. But today he is walking out free.”

Article 20 (1) of the Constitution of India states this on ex-post facto law. It simply means that a person may be convicted only for an act which was an offence at the time of committing the act. Similarly, Article 20 (2) of the Constitution bars “double jeopardy”. A person cannot be punished for the same offence twice. These provisions make it extremely clear that the juvenile in Nirbhaya case cannot be subjected to an enhanced punishment. The Constitution clearly protects him from being subjected to a jail term for the same offence twice. The provision is same in all civilized states of the world.

It makes things evident that the honourable functionary, whom I have quoted above, has never read the book which she’s to abide by and work according to its directions. The common man got carried away by the new eye-catching, but legally impossible, slogan.

Father of Indian legal education, Professor NR Madhava Menon, has written about an incident at the Kerala Legislative Assembly where he went to lecture on the Constitution for amateur law makers. One of them said to him during the course of lecture, “I do not know what the Constitution of India is; I will do what my party says”.

The MLA had entered office taking an oath expressing true faith and allegiance to the same book. These incidents showcase the urgent need to make none other than the lawmakers understand the “law” and also  the importance of imparting legal education to any person drawing salary or remuneration from the state exchequer. Also, there is the need of introducing legal education in the school curriculum.

Famous jurist Lord Denning, in his address to the Society of Public Teachers of Law, expressed three purposes of legal education:
1. To show how legal rules have developed, the reasons underlying them and the nexus between legal and social history.
2. To extract the principles underlying the existing legal rules.
3. To point out the right road for future development.

The immediate reason for the Revolt of 1857 was a rumour. History is still unable to assert whether the content matter of the rumour was true. Whatever that be, damage was caused.  Lack of information and knowledge is the major reason for people being carried away easily by feelgood slogans, unwarranted rumours and other forms of sensationalism.

We as a nation cannot leave majority of the people to remain “legally illiterate”. The demands for stopping the release of the juvenile convicted in the Delhi gang rape case stands as a live example.

God save this great nation!


(Originally published at http://www.dailyo.in/politics/constitution-of-india-nirbhaya-rape-case-juvenile-justice-act-parliament-rajya-sabha-lawmakers/story/1/8234.html)

Haryana and beyond: Right to Contest in Elections

An election meeting in India
Photo: WSJ

By Nebil Nizar

An amendment to the Haryana Panchayati Raj Institutions Act resulted to unwarranted controversy and is now challenged before the Supreme Court of India. The impugned amendment prescribes qualifications for contesting in elections to the local self governments and also holding positions.

The Constitution of India directs the Government to take steps to organise village panchayats and also endow them with such powers and authority as may be necessary to enable them to function as units of self-government. It is this direction that government heeded to by enacting the 73^rd and 74^th Constitutional Amendment.

Art.326 of the Indian Constitution guarantees Universal adult suffrage to all Indian Citizens. The same has been re-iterated in Section 62 of Representation of People Act, 1951. Principle of equality and non discrimination were in the minds of the makers. The earlier administrators imposed qualifications for casting vote in this country. Later, a few were impregnated with the thought that those educated should only form part of electorate of this country. Our constitution makers were of the firm belief in the ability and worth of all adult citizens as ‘equals’ in the matter of deciding what is good for the society and for the country.

A speech by Stanford University professor Larry Diamond gives an overview of what is democracy

1.     A political system for choosing and replacing the government through free and fair elections.

2.     The active participation of the people, as citizens, in politics and civic life.

3.     Protection of the human rights of all citizens.

4.     A rule of law, in which the laws and procedures apply equally to all citizens.

Participation of people means participatory democracy. Participatory democracy does not limit itself to mere voting, it includes greater political representation.  A broader interpretation is the need. The new Haryana law requires that general candidates must have passed class X examinations while women and Dalit candidates need to have cleared class VIII and V respectively. State like Haryana standing with only 74% literacy and out of which, 2001 census says that only 14.1 %  are Matriculates, it would be ‘injustice’ to prescribe a minimum educational qualification for becoming the representatives of people. This can be substantiated with a news story published in September this year with The Tribune narrating ground level reality in Begpur village of Kaithal District of Haryana, where the post of Sarpanch is reserved for a Scheduled caste candidate, is unable to find an SC candidate with the mandatory educational qualifications prescribed in the new amendment. This is not a problem with one Panchayat alone. The new law will stand as a stumbling block over women and people from under privileged sections of society from contesting.

Moreover, strong common sense does not say that education certificates certify wisdom, intelligence or Leader like qualities. The so called certificated educated persons can use pen with confidence and nothing beyond that. A Panchayat President is expected to be the Leader of the local society there. He/she should understand their problems, must empathise with people. It is the wise bureaucracy that is selected from the best in the state runs the day to day administration.  As the head of the village administration, he/ she are expected to be a decision maker and a visionary.  As a representative and more to that, a leader, a Panchayat president should have ‘wisdom’. Wisdom comes from experience alone. A great visionary like K. Kamaraj Nadar popularised free schooling and introduced mid day meal scheme in Tamil Nadu. He never studied beyond high school. Today mid day meal scheme is implemented all over the country. The dream of a Chief Minister coupled with his will power to implement a scheme overlooking the usual financial burden theory of bureaucracy, is today behind the progress of the small south Indian state. 

Government of India’s NCERT asks in a book- What makes an election democratic. It says the answer as well
1- Everyone should be able to choose. This means everyone should have one vote and every vote should have equal value.
2- There should be something to choose from. Parties and candidates should be free to contest elections and should offer some real choice to the voters.
3- The choice should be offered at regular intervals.
4- The candidates preferred by the people should get elected.
5- Election should be conducted in a free and fair manner where people can choose as they really wish.

The observance of all this made our country one of the most vibrant democracies in the world.

The Supreme Court of India in an assortment of cases has held that Right to contest in election is neither a fundamental right nor a constitutional right. This once again re-iterated decision of the apex court in Javed v. State of Haryana gave confidence to the State of Haryana to take away the right to choice of the electoral public, who comes to take part in the festival of democracy. Right to vote is a part of basic structure of the Constitution, but right to select candidates is not. This seems to this author like an illogical corollary. The same logic applied to Art. 21- Right to Life in some Judgements in the 1950s and 60s makes us to divide constitutional history as before Maneka Gandhi and after Maneka Gandhi. May the apex court not fail us. Indian Parliament, as the legitimate voice of the people of this country, should amend the supreme law of this land and incorporate Right to Contest in an Election a Constitutional Right.


(Originally published at http://www.livelaw.in/haryana-and-beyond-right-to-contest-in-elections/) 

'It makes me hungry for more victories and drives me forward for more races with confidence'

Rakesh Ramkumar

Rakesh Ramkumar revved up his racing career with the Toyota Open Karting Challenge in Saudi Arabia. His first Indian race was the Volkswagen PoloR cup, 2013. In October this year, Rakesh also did a podium finish in the third round of the Volkswagen Polo Support race held at Buddh International Circuit, New Delhi after a successful show in September this year at Coimbatore Support race. Given below is the transcript of his interview with Nebil Nizar.

Q1- Congratulations, Rakesh. How does it feel to be a winner? What is the winning formula in the race?

Rakesh: Being a winner is most cherishable. It makes me hungry for more victories and drives me forward for more races with confidence. The key to success in a race is to be calm and stay focused during the entire race weekend.

Q2- What is the biggest hurdle that you have faced in races till now? What are the positives that you took away from the last race?

Rakesh:I always have a good result in the qualifiers, but I struggle when it comes to race pace. I’m working hard on it with the help of data analysing, which helps drivers improvise their pace by setting up a reference.  In my last race I had a few technical issues but I could still finish third. Every sport has its own ups and downs but it doesn’t mean that you have to succumb to them; you should rise up at all means and never give up.

Q3- This is the second time you raced at Buddh International Circuit. How do you rate you experience?

Rakesh: BIC is a world class circuit; it has its own standards. As a driver, it is fun to race at BIC – its flat out corners and long stretches makes for more challenging races and the encouraging crowd that swells over 25k makes you happy.


Q4- Rakesh, what pushes you ahead during the run up to the races?

Rakesh: I believe passion is most essential for achievement. My passion is racing and it is what drives me forward.

Q5- What got you into the world of racing?

Rakesh: I was never inspired by anybody, nor do I come from a racing background. I had it in me right from the time I was training as a professional jockey. That’s when I realised I wanted something more exciting than horse riding.

Q6- Do you feel that recognition of motor sports in India is still at an early stage?

Rakesh: Yes, it is definitely in its early stage. People still think of it as entertainment. On the other hand, it is gradually gaining recognition as a sport with the Indian government recognizing the Federation of Motor Sport Club of India (FMSCI) as its official governing body.

Q7- How important is physical fitness for a racer?

Rakesh: It is important for a race driver to be healthy – mentally and physically in order to endure the grinding that one undergoes during a race. It may look simple, but there are a lot of issues like dehydration at an average cabin temperature of 50 degree Celsius. A professional racer must also have skill sets like quick decision-making, reflex, agility, etc. When it comes to exercise, I mostly focus on cardio.

Q8- What other sport attracts you?

Rakesh: Football and table tennis.

Q9- A word to youngsters who wish to take the wheel.

Rakesh: The ideal time for a person to start racing is at the age of 8-9 by participating in karting championships for a couple of years, until he/she gains confidence for higher races, because karting is like a stepping stone to the next level, in which the individual has to choose from different forms of racing such as single seaters, touring cars, endurance racing, rallying and so on.


(This interview originally appeared here at http://pixorange.com/interview-with-indian-car-racer-rakesh-ramkumar/ )

The Great Indian Power Struggle

Supreme Court of India.
Photo: NDTV

By Nebil Nizar

Supreme Court of India will resume the hearing in the much celebrated National Judicial Appointments Commission Act tomorrow.  The Executive branch of the largest democracy in the world is in a power struggle with one of the most independent Judiciary in the world. As both sides weigh heavy, we have to cross our fingers and watch the closing round, even though one side is now in an advantageous position.

The Government’s first salvo with Institutions was with the Reserve Bank of India headed by the former I.M.F. Chief Economist, Reghuram Rajan. The move to strip the powers of the central bank to control interest rates was seen as a threat to the ‘Independent monetary policy’ of India. The Government ‘beat a retreat’ when economists and bankers attacked the controversial move with tooth and nail.

The ‘modus operandi’ of the Government plan to hijack the decision making power of the RBI was by appointing a rate fixing committee comprising of seven members- four from the Government of India and three from the RBI. When this move failed, the same modus was applied on the Indian Judiciary. A committee was proposed to appoint Judges to the Supreme Court and High Court comprising of nominees of the Executive and Judiciary. The committee was also to have two independent members, whose qualifications were not prescribed, but who could veto any decisions. After the Central Bank and economists, now the Indian Judiciary and lovers of Independent Judiciary were shocked.

Despite being advised by eminent jurist, Upendra Baxi, to take the much safer Advisory Jurisdiction route, Government of India went ahead with the Constitutional amendment route. The controversial decision was portrayed by the Executive as ‘Judiciary versus Legislature’. Finally, the decision in the Fourth Judges case was pronounced last month- Judiciary asserted its Independence. The constitutional amendment was scrapped by the Supreme Court.

The apex court now asked the litigant, Government of India, to suggest steps to improve the existing Collegium system. The irony is that the decision for making the now scrapped 99^thConstitutional Amendment was Government’s opposition for the same Collegium system. The next move of the heavyweight, Executive, in the Temple of Justice is closely being watched by most in intellectual circles.

The Executive has four options which may be exercised in unison or multiple-

1.       Refrain from giving its ‘wise’ counsel to the Supreme Court

2.       Share its slice of wisdom with the highest seat of Justice

3.        File a Review petition against the Judgement.

4.       Bring in another Constitutional Amendment plugging the loop.

When noted political thinker Montesquieu urged in ‘The Spirit of Laws’ for a constitutional government with three separate branches, he might have legitimately expected each branch to respect the other. India should not go back to the infamous power tussle of the 1970s between then Prime Minister Indira Gandhi and the Judiciary. Let History not repeat itself.


*myidnebil@gmail.com

A diplomatic evasion

Indian Prime Minister Dr. Manmohan Singh with
Saudi Monarch King Abdullah bin Abdul Aziz Al Saud
Photo: The New Indian Express.

By Nebil Nizar

Putting an end to the diplomatic row between India and Saudi Arabia, the diplomat accused of raping two Nepalese women in Gurgaon, was called back. Activists have criticized India’s move of allowing the man, accused of a heinous crime, to safely fly back to his country of origin. Indian diplomatic circles feel otherwise.

India’s past hostility with Saudi Arabia was the result of its stance on Pakistan. There have been ups and downs in the past. Since the visit of King Abdullah to India in 2006, however, political equations have undergone a sea change. Dr. Manmohan Singh’s visit to the Kingdom in 2010 was first by an Indian Prime Minister in 28 years. Setting aside protocol, the Prime Minister was received at the airport by the entire Saudi cabinet. Saudi is now one of India’s greatest strategic partners in the Middle East, 4^th largest overall in terms of trade. Recently, a Saudi-led military coalition halted the bombardment of Yemen following India's request to carry out an emergency evacuation. What’s more, for the first time in history, the Indian Air Force touched down in the Kingdom in August this year.

The gang rape and subsequent death of a 23 year-old- girl in Delhi back in 2012 led to widespread protests across the country and in the digital space. Public outcry was such that a committee was roped in to recommend changes to the criminal law in the world’s largest democracy. The Criminal Law Amendment Act was drafted, read, discussed and passed in record time. However, data reveals that nothing much has changed since. Widespread anger simmers in civil society regarding the instances of crime against women.

Activists protesting outside Saudi Embassy in New Delhi.
Photo: telegraph.co.uk/ Getty Images

It is at the zenith of this feeling that news broke out regarding the alleged brutal rape of two Nepalese women by Saudi’s First Secretary to India. The informant to Gurgaon Police, along with an NGO, was another sovereign country, Nepal. If media reports are to be believed, the tip off did not mention the identity of the accused. Police rushed to rescue the victims from an upmarket high-rise, only to learn that the accused was a diplomat.

India then proceeded legally, being a signatory to the Vienna Convention, it cannot arrest a foreign diplomat. Instead, the Saudi Embassy was asked to waive his immunity. As is expected of every sovereign country, they refused.

The government of India has since been on the receiving end for going soft on the issue. The activists continue to demand justice for the Nepalese victims. One of them went to the extent of saying that the Indian Prime Minister had lost the moral right to speak on women’s safety. At the same time agreeing with the views of Indian Supreme Court, i.e. while a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female; we should not forget that national interests take precedence over resident’s interest. Meanwhile, Nepal has made it clear that they have good relations with Saudi Arabia and the victims would get justice.

U.S. President Barack Obama with
King Salman bin Abdul Aziz of Saudi Arabia.
Photo: dw.com 

In the light of the US-Iran nuclear deal and the subsequent change in regional equations in the Middle East, it remains to be seen how international relations will play out. Iran and Saudi now emerge as the two regional powers. The Wall Street Journal reports that India has one of the world’s fastest growing energy markets and is expected to be the second-largest contributor to the increase in global energy demand by 2035. India, as a major ‘energy partner’ of both countries, cannot at present afford to displease either. India’s long time aspiration for permanent UN Security Council membership hangs like a sword of Damocles as well. In effect, India perhaps made the right move by playing safe in present diplomatic row with Saudi Arabia. 


*myidnebil@gmail.com