High Voltage Drama In Middle East

Photo: CNN

By Nebil Nizar

Middle East brings to our mind, endless deserts, and camels and not to forget- high temperature. Now mercury is soaring in the politics around the region as well. Iraqi city of Ramadi fell into the hands of Da’esh or ISIL. So did the historic Syrian city, Palmyra. Yesterday’s news says that security agencies foiled yet another suicide attack in the eastern province of the largest Middle Eastern country, Saudi Arabia.  Without a second thought, we may conclude that self ascribed Islamic State is tightening its grip over the whole Arabian Peninsula.

The Arabian monarchs who recently heaved a sigh of relief after arresting the developments following Arab Spring are again feeling the heat. They face two main issues. First, clinging on to their throne. After the Iraq invasion of 2003, America is seen as the prime villain in the Islamic world. This writer is of the opinion that heads of state of GCC countries refrained from attending Camp David summit not exclusively to deal with American appeasement towards Iran, but also to assert their independence and ‘external sovereignty’ and hoping to hold back millions of their citizens from sympathising with Islamic State militants.

Second and the most important issue, Middle East is soon going to see one of the largest refugee crises in the recent times. Under-Secretary General for Humanitarian Affairs at the United Nations, in a recent statement to the Security Council, included a grim list of circumstances faced by civilians in areas controlled by Islamic State, including sexual slavery and the forcible recruitment of children to become militants. His report says that 8.2 million people are seeking UN assistance. Shocking fact is that, almost half of the internally displaced in Iraq are children. Humanitarian situation in the Middle East is catastrophic.

As Da’esh extends its strong hold all over the Gulf, reports are coming in that expatriates population are living in extreme fear. Countries living on foreign remittances cannot afford a mass return of their citizens. The Gulf War of 1991 and the resultant evacuation saw social insecurity and economic deprivation in Third World countries including India. Let alone after evacuation, evacuation itself will be a task as foreign population will be in direct line of fire if ISIS gains ground. A Yemen like evacuation will be a distant dream.

Political stability in the oil rich Middle East is an urgent need for Economic stability, in a globalised economy, along with much discussed International security. Power vacuum led to the creation of Da’esh. Power may be both Political as well as religious. In political arena, breeding grounds of such groups are lawless areas where anarchy is prevalent. Pak-Afghan border stands an example in front of us. Religious front, International community should consider projecting The Grand Mufti of the Holy Mosque of Makkah, a highly respected figure known for his strict views against terrorism, as the religious leader of Muslims all over the world. Cause must be dealt and not the disease alone.

Tailpiece: In the Iraqi war theatre, land forces in most of the areas laid down arms and ran away. The Government gave contract to Shia militia, which the Economistdescribed as Shia mirror image of ISIS, to fight on their behalf. What a strategy! One terror group to deal with another. No comments.


(Originally published at http://www.tehelka.com/2015/05/high-voltage-drama-in-middle-east/)

Who really failed them?

Cartoon: The Hindu.

By Nebil Nizar

The recent Baltimore uprising in the American state of Maryland following the death of a black teenager -- Freddie Grey -- allegedly at the hands of police shook the conscience of not only the Americans but also of the world. Indians condemned the happenings and pledged solidarity with the victims of racism. But, we conveniently ignored the pivotal issue of reforms in police force, with which the menace of racism is intricately linked. 

This writer was born in India but brought up in Saudi Arabia and still remembers that for any trivial issue, including someone parking a car in front of your gate, the first port of call was ‘999’. Every resident believes that a response party shall reach out in five minutes. And their belief is always correct. Is this the situation in India? Why is it not so?

It is important to understand the history of policing in India in order to understand where things went wrong. The colonial British wanted a system to assert its authority over the less fortunate Indians and found the Royal Irish Constabulary model, first introduced in Sindh Province, now in Pakistan, successful. It was adopted in other parts of India. In the aftermath of the first war of Indian independence in 1857, which they brutally crushed, the Police Act of 1861 was brought into force.

The colonial era Police Act still continues in almost all states of India. Constitutional policing understanding the concept of right to life and personal liberty is urgently needed. The Supreme Court in 2006 delivered the landmark Judgement, popularly known as the Prakash Singh case, requiring the union and state governments to urgently kick-start police reforms.
Here the Supreme Court directive starts with the establishment of a State Security Commission to evaluate the performance of the state Police and also to ensure that the state government does not exercise unwarranted influence or pressure on the Police.

Sir Robert Peel, former British Home Secretary, who is often referred to as the Father of Modern Police, wanted to give legitimacy to his pet initiative- London Metropolitan Police. One of the principles that he adopted for the same was that Police must be under government control. This principle was adopted in independent India also. Over the years, it has led to a political-police nexus that it became a common practice with every change in political leadership, police leadership will also change. The Director General of Police is selected on the basis of his political loyalty to the leader of the parliamentary party and not based on merits.

The high post of State Police Chief comes with a price; he gives up his power of decision making. Hiring, firing, managing and assigning personnel must be part of the work of senior police leadership as Police being a uniformed force follows a centralised, quasi military organisational structure with a unified chain of command. 

All these form one side of the coin. The other side of the coin is what directly affects the society- law enforcement. The quality of the criminal justice system to a great extend is dependent on the working of the men in uniform as India, like many common law countries, adopted Accusatorial system of Trial which is distinct from the Inquisitorial system where the Judge or group of Judges investigates the case.

The Malimath Committee on Judicial Reforms says, 'The State discharges the obligation to protect life, liberty and property of the citizens by taking suitable preventive and punitive measures which also serve the object of preventing private retribution so essential for maintenance of peace.'

In order to make sure that the criminal justice system does not fail and subsequently lead to private retribution, we have to fix the flaws. The main flaw in the working of the police is due to the clubbing of Law and Order with Investigations.

The officer in charge of a police station in India with his limited man power is expected to undertake- crime prevention, night patrol, crime investigation, VIP Security, traffic control, collection of Intelligence, riot control, bandobast duties during demonstrations, processions, strikes, protests, presenting the accused to court, aiding other departments in discharging their duties- Court, Revenue, Civil Supplies; Verification for Passport, Public Service Commission, etc. Now can you expect the station-in charge to perform any better? At present, it is often seen that Investigation is stalled when there is a pressing law and order situation or on the rise of a new crime. End result is failing in both and people losing hope.

The Supreme Court says, ‘The investigating police shall be separated from the law and order police to ensure speedier investigation, better expertise and improved rapport with the people. It must, however, be ensured that there is full coordination between the two wings’.

The implementation of this is stalled mainly by top brass who fear a loss of power and glamour for the post of District Superintendent of Police, Range Inspector General of Police etc. Instead of creating a special Crime Bureau at the state level with District and station level men, many states did and Eye wash in the form of creation of a crime desk and post of Crime Inspectors at police station level. My enquiries led to the conclusion that the system is ineffective due to the non separation of investigation desk into water tight compartment.

Punjab recently created history by implementing the segregation of Law and Order (L&O) from Investigations and created a separate Bureau of Investigations (BOI) which will be responsible for investigation work from police station level to district level to state headquarters. Though good news is coming in from some quarters, majority of the states are still reluctant. History should not hold those officers who err while discharging duties in good faith, as culprits. Our system failed them. 

Domain of policing has expanded. Crime patterns are changing. New challenges are emerging every day. Are we capable enough to face these new challenges with the existing policing system?

Tailpiece:  The Royal Irish Constabulary from which India derived its policing system was disbanded when Irish Free State was created in 1922!

(Originally published at http://www.tehelka.com/who-really-failed-them/ )

Better than Arithmetic Lions

By Nebil Nizar

The year 2004 witnessed many dramatic scenes and is still etched in my memory mainly for the exit poll predictions which took a beating and the renaissance of the Congress party in India, trouncing the BJP-led NDA, which declared a premature election eyeing an easy win. The statistics, arithmetic geniuses put their hands on head in complete shock and asked themselves, how, why?

Cut to 2014. A friend of mine, Waseem, a PhD scholar at the prestigious Jawaharlal Nehru University said to me about a barber at K.C Center, located inside their campus, who is well informed on Indian politics. I decided to check out for myself and met him.

As he went on with his ‘mission’ with comb and scissors, I tried to engage him in a conversation. He asked me what was special about 1966. I passed his ‘entrance test’, and he now opened his treasure house of knowledge.  Next five to ten minutes, Shankar Das, a hairdresser, was vocal about the West Bengal politics. My first mission ended on reservations about his analysis.

Two weeks later, when I was glancing through that week’s major periodicals, what all said by Shankar Das was on black and white. My admiration for the man peaked. I called on him once again and told him what I read on paper. He smiled, and delivered a brief lecture on National politics. His also liked to take questions and answered them logically.

Rajdeep Sardesai in his latest book 2014: The elections that changed India says about his encounter with a key Team Rahul Gandhi member. CNN IBN’s editor was bombarded with the abysmal statistics of a state where election was in the pipeline. Finally when results were out, Congress was mopped off. Before parting, I asked Shankar how he made political observations correctly. He smiled and civilly said:  I am aware of the ground reality.

(Originally published at  http://madtyapost.com/better-than-arithmetic-lions/ )

Article protesting the imposition of uniform for Law students at Government Law College Thiruvananthapuram

Opinion published in the 'Speak Out' page of 'Deccan Chronicle' in its Thiruvananthapuram and Cochin edition on the 27th day of October 2014.

GLC Thiruvananthapuram accorded research center status

By Nebil Nizar

The prestigious and one of the oldest law institutions in India, Government Law College, Thiruvananthapuram, has been accorded with research centre status by the Academic Council of the University of Kerala.

The resolution which was passed unanimously by the Academic Council of the University of Kerala fulfilled a long cherished dream of the college. Principal Dr. A Prasanna and Associate Professor Dr. P.C John have been named as Research Guides. The college has also requested for the formation of a chair named ‘Malloor Govinda Pillai Chair on Criminal Law’ to the Government. A proposal for formation of ‘Justice K.K Mathew Chair on Constitutional Law’ is in the pipeline as well.

‘It is a really proud moment. Our institution despite having all infrastructure and faculty base was denied of such a status for more than thirty years. Now, really happy and proud of getting such a feather on our cap. We will liaison with bar, bench, academia and the government to do everything possible for great working of the research centre’, said Associate Professor and Research Guide Dr. P.C John.

Established in 1875 by the then Maharajah of the erstwhile Princely State of Travancore, the college has produced some of the finest legal minds, including Supreme Court Judges, more than half a dozen sitting Judges of the Kerala High Court, Union Ministers/legislators, academicians, bureaucrats etc. The first woman Judge of the Supreme Court Justice Fathima Beevi is an alumnus of the college, as also noted academician Dr. N.R Madhava Menon.

(Originally published at http://www.livelaw.in/glc-thiruvananthapuram-accorded-research-centre-status/)

'I always say that the best time to startup is college. Fear is a thing to regret. Start early. Because when you run the extra mile, it is always less crowded!'

Her inclination towards writing led her to become a blogger/legal journalist. Anisha Aditya blog at law portal Law School Terrace and is a writer at Inc42, a social platform for young start ups. She also works as freelance journalist and a mind wanderer. She is presently studying law at Lloyd Law College, New Delhi.

Given below is the transcript of her interview with Nebil Nizar

1-What made you a journalist?

A positive impulse, an urge towards recognition and my own sentimental inclination to become a writer pushed me towards journalism. It is amazing how one thing kept rolling to another. Journalism opened up a plethora of opportunities for me. The walk has not really been a cascade of flower. But who wants an easy play?! Honestly, my decision to become a journalist has been much recent. And all that has set forth has only moved me to go along with it. It was never a measured route for me, as it happened to be a job I love doing.

       

2- How legal journalism come into your life?

Freshman year was a hustle. My archaic mindset that law students can only wear the black cloak and the bitter grin and sit behind a stack of briefs got overruled. The issue is law schools offer too much food for thought but less time to ponder. And hence everything seemed a hustle.

Once I started writing, my interface with the legal fraternity was much more than the other fronts – be it with law professors or advocates or startup founders or law associates. Many people connected with me for giving legal reports on the various legislations, verdict of the Judges, different aspects of law schools or the legal profession per se. Moreover, I encountered many wonderful personalities who motivated me in the pursuit of this field. Did the motivation help? Sure thing!

3- Specialized Branches of Journalism are growing- Legal, Business and Economy etc. Do you think this would take journalism to new heights?

Yes ofcourse it will! The reason behind it being proficiency. You put an science teacher in a room of poetry, more often than not, the person will create meaningless scribbles. I am not disregarding the versatility of journalists, but you cannot throw the theory of right man in the right place in denial. It's simple: an economist can definitely give better economic reports than a political scientist, an entrepreneur can certainly write better about VC or angel investors than a social scientist. Division of labour is an old school theory prevailing in contemporary times! Specialization of journalism will lead to skillful work which will certainly lift up journalism to new heights.

4- What is the present status of legal journalism in India? How far it is seen as a career option here?

Legal journalism is no longer a wallflower in India. The skills of a researcher, argumentative thinkers, critical analyst are mutual epithets for all. Yet, a high tide of law students is not prevalent here. Opportunities are in plenty. Various new forums are coming up to boost legal journalism, both online and offline. Moreover, when you possess the knowledge of law and if you are giving reports on law, then certainly you are at an advantage. Seeing legal journalism as a career is a lucrative option now.

5- Recently Press Council of India Chairman Justice. Markandey Katju emphasized the need for minimum qualifications for a Journalist. What is your stand on this?

I never quite understood why Justice Markandey Katju said so. Training comes from experience, not from a paper degree. I think every journalist is a quick learner with a childlike curiosity. Even if he has never studied articulate venation or Higgs boson in life, he can write a complete report on that. Most importantly, a journalist knows how to filter the knowledge to extract the best. I totally agree with Barkha Dutt saying that the answer to attain greater heights in journalism does not lie in “more degrees”. Some of the stalwarts of this field are even without a successful university degree. Journalism is a movement. Absence of prescribed qualification for journalism is certainly not resulting it’s mediocrity. Infact, its liberalism is leading to its progress.

6- Do you think that there is a trend to scandalize and lower the authority of courts by legal media fraternity in the recent times?

Journalism is the only medium which exposes the public to the whirlwinds of the recent times. Media does not derogate the court. It only enlightens minds. If a factual truth about an incident sensationalizes the public, why must be the media be blamed? Moreover, lawsuits are not decided by the public’s reaction, but by the law of its jurisdiction. People have a right to know all that is happening within the nation, not just the headlines and the verdict of it. It has played applauded role in the case of Jessica Lal, Arushi Talwar, 2G scam and innumerous other cases. Atleast, someone is genuinely trying to enlighten and ignite minds!

7- Do you think that law schools should start a new course on legal journalism to impart training in basic laws combined with teaching journalism skills?

My institution itself has Law and Media in its course. But what is required is not a black and white teaching, but how to hunt in the wild. Law and Journalism both are two very powerful professions. When merged together, it can work wonders. The issue is, life even outside the education system seems to be scheduled - get good grades, graduate, get a job, marry, have kids, grow old, retire, die! Indian journalism needs young minds with bolder ideas. And hence practical oriented teaching is MUCH MUCH in requisite.

8- If a Journalism aspirant seeks your advice to help him choose between Print and Visual media, what will be your advice?

Everyone has to seek for their own niche. A kid with brilliant speaking skills can hit the visual media while the one who has more power over the pen can ink the script. It again varies from what you what you want. Apart from increasing local creditability, print media is form of art. Print Media is a job from which one cannot just gain recognition, but also satisfaction. For me personally, it is a source of contentment. Again that is broadcasted on the visual media is global and gives fame. One major misconception is considering social forums like Facebook, Twitter and the likes of it as Visual Media. These are merely alternate media. Whether to choose Print or Visual Media depends completely upon the potentials of the individual. On the whole, I think both hold equal significance for denoting media as the 4^th estate in a democracy.

9- What is your advice to law students who desires to be a Journalist?

Journalism is a brilliant profession to pursue. No ifs, no buts to it. The priceless perks of journalism are the connections which reaches you, your name being a common word, people find you, your current affairs is a major score and last but  least, a productive mindset. I always say that the best time to startup is college. Fear is a thing to regret. Start early. Because when you run the extra mile, it is always less crowded! ;)

(Originally published at http://www.glctvpmlaw.blogspot.in/2013/10/i-always-say-that-best-time-to-start-up_5.html)

Loudspeaker: Is Law the villain in rape cases?

Photo: Press Trust of India

By Nebil Nizar

Unfortunate rape and subsequent death of Delhi gang rape victim led to widespread protests whole over the country and in the digital space. Former Chief Justice of India J.S Verma was roped in along with Leila Seth and Gopal Subramanium, owing to public outcry, to recommend changes in the criminal law in the country. The Criminal Law Amendment Act was drafted, read, circulated, discussed and passed in record time. But one doubt, has anything changed since then?


Before and after Delhi incident Indian women continued to face the harsh realities of domestic violence, torture, rape, trafficking, bride burning etc. Rape gets on to the top of our chart because, as Hon’ble Justice Arijit Pasayat observed ‘While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female’. The rape rate is not going down after all the attention and country wide protests. Recent case of abduction and rape of a medical student at Manipal again makes us sit and think- Can Law deter the commissioning of rape? Is Law the villain? What should be really done to stop this menace?


Let us see how our society responds to these critical questions

Joseph M.D, Student, Government Law College Ernakulam, says ‘Taking into consideration the latest spree f gang rapes across India, it is difficult to suggest that inadequacy of law is the only problem.  However I think laws existing today lack severity.’

Saumik Bose, Student, National Institute of Technology- Warangal, thinks ‘Law isn’t. The people who are responsible for implementing it are’

Nada Nashid, Student, Government Medical College- Thrissur, says ‘law is neither the villain nor the saviour, it just stays in between. The problem is with the society. Degraded morale is the basic issue. From my point of view law should ensure safety of women around and that’s a must. We can’t simply blame women for. In the present progressing world, one cannot stay indoors from dusk. A high standard of punishment by law can at the base put some stop to a few misfortunes.

Bilal Siddiqui, Student, University of Buffalo, New York says ‘I feel that our society is unable to keep up with the pace of social change. It’s simply happening too fast. While the upper middle class and the rich who live in major cities are able to adopt western ideas-way of living, dressing; the rest 70% of the 1.2 billion people who live in small cities, towns still nurture social conservatism and believe in the sanctity of inherited culture, traditions, and values. Given the current social climate, a woman should care more’

Adv. Boris Paul, Secretary, Kollam Bar Association, says ‘Law is not the snag. We have to reconcile with the reality that criminals thrive here and there and the Police and rulers are aiding crimes. Unless a fool proof crime stopper mechanism is established, we have to safeguard ourselves. As a part of safety, a girl can avoid late night strolling. That does not mean curtailing any of her right’.

Adv. Simla Prabhakaran from the High Court of Kerala says ‘Lack of law is not the key issue. We look after or discuss problems that are just hypothetical. What we should really converse is about human soul. Human mind must widen and attitude must change.  Then only this world will become a safe place for women.’

Adv. Rajesh Ramamoorthy from the High Court of Kerala also feels that there is nothing wrong with the law. He shared his thoughts thus,’ It (law) has been the same for a century and a quarter. In the past, people know each other enough that forcing oneself on a woman could have disastrous effects on the social and family life of the perpetrator by some mechanism in the society, whereas, today but for the legal consequences, the perpetrators are rarely ostracised in the society and family.’  

Dr. Mathew Kuzhalnadan, Supreme Court Lawyer and Indian Youth Congress National Secretary say ‘Law alone is not the problem. However, strengthening of the same and fixing the loop holes and speedy trial will definitely improve the situation’

Lt. Sanil Kumar says ‘Our system of education has many flaws and an immediate reform to upgrade the same is inevitable. Education must inculcate values in the young minds. A person with ethics and values seldom insult women’. He thinks of a carrot and stick policy. He adds ‘I also think that we need to introduce a witness protection system in India. A witness should not be threatened. A witness should feel that he is a ‘Hero’. This system ensures that no one escapes the hands of law and thereby deters others’.

Prasanth Nair IAS, MD of KTDC and Addl. Excise Commissioner of Kerala say ‘It (rape) has been happening even before Delhi incident. It is continuing to happen in cities and villages. Murder, assault, rape, burglary etc happen despite laws. No law has stopped any crime completely. Surveillance, enforcement, civil society involvement and sensitisation of men are important.’

Justice V.R Krishna Iyer, Former Supreme Court of India, say, 'Law is not the villain. On the contrary it is a fundamental requirement for social survival. Violence on women and its frequency depends on the penalogical instrumentality and speedy radical operation.'

Rape is the most heinous crime committed on a woman. It is worse than a murder, as the victim dies 1000 times, when she is alive. A carrot and stick policy is the need to tackle this. Blaming the law won’t terminate this problem. At one side we need to develop a society of value rich souls who believes in ethics. Sensitization of men is inevitable. Other side, we need to have surveillance, enforcement and punishment. A witness protection system is also a good thought.



(Originally published at http://glctvpmlaw.blogspot.in/2013/06/loudspeaker-is-law-villain-in-rape-cases.html)