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Monthly Archives: March 2013

Two Issues: Tihar Jail’s Misadministration –&– Legitimacy of Death Sentence

Comments Off on Two Issues: Tihar Jail’s Misadministration –&– Legitimacy of Death SentencePosted by on March 18, 2013

It seems better to start by letting the audiences of this post know that, this write up is  neither going to focus on Delhi Moving Bus Gang rape Issue nor on Progress made in the case, though it deals with the death of one of the accused of Delhi Moving Bus Gang rape . The focus here is on administration of Tihar Jail. The write up then turns towards another aspect of issue, which is the demand by some of activists to government and judiciary of country the rape convicts should be condemned and executed. The write up simply raises the issue that can execution be any kind of punishment. It is normal understanding that when one talks of punishment, then in the process of punishment the individual being punished, does not lose his life from the very to the very end of the process. Such punishment where an individual has to lose his life is also against the very spirit of the Constitution of Indian Republic that provides Right to Life as Fundamental Right of any individual.

 The people from media, and through them others, were aware that all accused in case were on suicide watch and such prisoners are never left alone. In such a scenario how can one of the accused (Ram Singh) commit suicide without being noticed by Jail Administration or even his three cell mates? This is a question of administration and security inside India’s fortress-like Tihar Jail, the nation’s largest such facility.

 Can the mysterious death of Delhi gang-rape prime accused be taken at face value? It is an unbelievable suicide case, if taken on face value, as this requires the person committing suicide to possess gymnastic dexterity and phantom-like stealth. Even if one is ready to buy this story, then what are circumstances due to which, the rest four accused of infamous Delhi rape case when produced in front of fast track court (which is listening case), pleaded with folded hands said ‘Shoot us, but don’t send us back there’(Source). This aspect again stops the people from buying the story as narrated Prison staff.  .

This makes it necessary for the people, living outside the Tihar Jail, to learn what transpires inside the Tihar Jail, or to say how the inmates are dealt with inside the Tihar Jail. The other important issue is that how the jail administration communicates of incidents happening inside, while addressing/ informing the people living outside the Tihar Jail.

 The suicide (murder) by (of) accuse Ram Singh occurred despite of the fact that, two months ago, Delhi Police allegedly intercepted calls from a Tihar Jail inmate, who was illegally using the phone of a jail employee. In one conversation the inmate, say sources, hinted that there could be an attack on the five men accused of brutally gang-raping a medical student on a bus in Delhi. Sources said that in the conversation allegedly intercepted by the police, the inmate indicated that the rape accused could be attacked while on their way to the Saket fast track court for daily hearings. Tihar jail officials were reportedly briefed about this specific threat and security for the five men was increased. Lately, about 20 to 30 gun-toting policemen would escort them to the court and inside it. The Tihar Jail authorities are yet to submit a preliminary report on Ram Singh’s death, the circumstances of which have raised many questions (Source).

To get an understanding of what transpires inside Tihar Jail, you need to talk to someone who has stayed there for considerable time. The best would be the individual who has stayed in Tihar as under trail. Probably a serious will to learn the situation inside made one of the correspondents (Mr. Vicky Nanjappa) (Source) to have some dialogues with Professor S. A. R. Geelani (who spent several years in Tihar Jail). S A R Geelani, a Delhi University Professor who was acquitted in the 2001 Parliament attack case, spent a considerable amount of time in Tihar.

 FIRST ISSUE – THE ADMINISTRATION IN SIDE TIHAR JAIL

It all started with mysterious death of Ram Singh, the prime accused in the December 16, 2012 Delhi gang-rape case, inside Tihar Jail on Monday has raised doubts about security at the high-profile prison.

 Professor S. A. R. Geelani’s first person account of an inmate’s life inside Tihar Jail:

 The moment you enter this prison, you feel as though you are going back to the 13th century.

Based on what I have heard of other jails and when I compare that to my own experience in Tihar Jail, this prison appears to be the worst in the country.

The problem begins with the authorities. The prisoners are made to feel like slaves and each one is at the mercy of the authorities. I assure you that no untoward incident can ever take place inside Tihar without the knowledge of at least one jail staff member.

The other thing I noticed was the differential treatment among prisoners. If you are an ordinary citizen, you can expect the worst. But if you are well-connected politically or have a lot of money, then you can buy your way through to comforts. I have seen several well-connected people get their way easily in Tihar.

It is hard to believe the kind of gang wars that take place there. Very often, members of rival gangs are lodged in the same cell. Very often, the authorities turn a blind eye to fights between gangs, which is quite a disgusting sight. I have witnessed it several times.

 Security in Tihar is tight. Each prisoner is under constant watch. The militants are imprisoned in high-security areas and there is not much communication with them. Their cells are very well guarded. There is ample security for the other inmates as well, and that is why I say nothing untoward can happen without the knowledge of the authorities.

There also exists a communal sentiment inside Tihar Jail. It can get communally charged at times. In my observation, it is the jail authorities who ignite such feelings. I find it hard to believe that Ram Singh hanged himself. He was under suicide watch and such prisoners are not left alone, even for a moment. It is therefore impossible for him to have committed suicide. I also fail to understand how Singh could have hung himself from the ceiling. Every cell in Tihar has a very high ceiling and it is impossible to reach it.

 Let us assume that he managed to reach the ceiling with great difficulty. There would have been a lot of noise and this would have drawn the attention of the authorities. There were three other inmates with him in that cell. I am sure he could not have killed himself without waking up them up.

 Observations

 Some of the inferences that can be deduced from the first person account provide above, is that this suicide makes an issue for serious thinking and dialogue. It is courts who send people to jail for keeping law and order situation under control outside the Jail. Inside the jails, it’s assumed that due to availability of law and order enforcing personnel, i.e., people of Police Services, people inside the jail would not have to suffer violation of law and order in any way and their fundamental rights would be ensured.

Somehow, if the scenario is same as told by S A R Geelani, then Hon’ble Judges delivering the judgments need to think thrice, before sentencing anyone to Jail. It’s further expected that the Courts of Law take a serious note of such an issue, i.e., loss of life occurring inside Jail of an inmate, not condemned by law after following full procedure. Even if the jail inmate has been condemned by the courts, then too till the time individual is alive should be permitted to live in a dignified manner and should also be permitted to take recourse to all the legal options available there forth. When and as all the options available have been exhausted and individual has not been provided any relief by any of them, then too, only the legal process as described in the Jail manual should be for execute the condemned person.

 SECOND ISSUE – VALIDITY OF DEATH SENTENCE AS PUNISHMENT

The author in his personal opinion does not favor the provisions of capital punishment. If an individual has committed any crime leading to loss of life of any member of the society, and as a punishment hangs him, then probably there is no difference between that individual and the society. This is being argued for the reasons that if death happens to be one of the forms of punishment, the individual, who has been sentenced to death, may also have executed an individual with the intention of punishing him for his deeds, meaning thereby, that individual too had followed the same process as has been followed by the society. Now who will hang the society or the individuals who ordered and committed the execution, and even if any authority can get this done, then where this process will end?

 If any individual argues that such a provision works as deterrent for people who think of repeating those kinds of heinous acts, then too, I do not find any sanity in this argument and request to authorities that such individuals be lodged in reform homes under careful supervision of specialists.

 Loss of life has neither worked nor will ever work as deterrent to anyone except cowards. Let me put two extreme but non – related observations:

1. If loss of life would have worked as deterrent, then you would have got none to join the armed forces of nation. As securing the nation and advancing in enemy territory, both are expected to start with sacrificing the life. This means there exist motives and emotions which makes an individual feel that achieving the objective being pursued by him/ her is many times valuable than his own life. Or can I expect that someone will offer a different reason for individuals turning them into Fedayeen’s (living and moving Human Bomb)?

 2. If the execution of a condemned person works as deterrent for people who think of repeating those kinds of heinous acts, then probably after execution of Mr. Nathuram Godse, for his act of killing Mr. Gandhi, there would not had occurred any incident involving the assignations of top political leaders in the country. Somehow such acts have only increased in number as can be seen in the cases of Mrs. Indira Gandhi, Mr. Rajiv Gandhi, Mr Baint Singh and some more political personalities.

 I am halting this deliberation here, and if required, may proceed further. Till then happy reading and Good Luck,

                                                                                                      ——————–Always Yours, as Usual — Saurabh Singh

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India and Italy – Taking a New Shape

Comments Off on India and Italy – Taking a New ShapePosted by on March 16, 2013

Italian foreign ministry’s announcement on Monday, March 11, 2013, that the two individuals belonging to its marine corps (Massimiliano Latorre and Salvatore Girone, who had shot dead two unarmed Indian Fishermen in Cold – Blood perhaps for adventure  and were facing trail in India Court on the Charges of Murder) would not return to India once their leave expires in view of a “formal international controversy” between the two countries. This is a response to a humane and goodwill gesture shown by Indian Court, which permitted them a leave so that they can go to their country to cast their vote. Indian court had at an earlier occasion permitted the duo to visit their home for Christmas Celebration, after availing which they reported back.

Italian Government and its citizen have always been found grossly lacking in integrity and morality. This can be inferred from a  number of instance where Indian authorities were deceived and cheated by them. If one starts from issues, that probably one that could be easily recalled by masses, one can start with role of Italian businessman Ottavio Quattrocchi during Bofors gun contract in 1990  where kickbacks were paid to earn the contract, the same was followed by a recent deal in which Chief Executive and Chairman Giuseppe Orsi of Italian defence group Finmeccanica has been found to have paid kickbacks worth $68 million to secure the contract for the sale of 12 Agusta Westland choppers to India in 2010.  This has been followed by a very serious breach of integrity by act of Government of Italy, where the government of Italy has back tracked from its own guarantee or promise that it made to Indian Supreme Court in present case where its two mariners were being tried for murder committed by them of two unarmed Indian fishermen in coastal waters of India.

Probably – Indian authorities and Public too, would have learned till now that any and every kind of interaction with Italy has, irrespective of being business or political has caused a great deal of embarrassment to the country. So why do they repeat it? Italian Government and Citizens (as Government represents them) both lack seriously on the scale of integrity. Such country needs be socially politically and economically outcast by world community. One can understand when Terror Groups back track on their promise, but here this Country is behaving worse than terrorists. Now I comprehend why Roman Empire got lost into oblivion. I expect that Consequences as told prime minister will turn visible both to Indian Citizen as well as International Community. “Our government has insisted that Italian authorities… respect the undertaking they have given to the Supreme Court and return the two accused persons to stand trial in India,” Mr. Singh said in Parliament on Wednesday. “If they do not keep their word, there will be consequences for our relations with Italy,” he added, as lawmakers cheered.

At some points I feel that Indian Constitution by the way of providing Three Pillars for having Check and Balance over each other’s powers was really a very well thought of work, at least till time Indira Gandhi had not succeeded in snatching all the powers of decision making from The President of India or to say before turning the office in just a rubber stamp which needs to be put on legislation to accord them status of being Act. But then it were, the citizens, who permitted her to do this by giving her a majority of more than two – third.

Now as a consequence of legislature being fragment it’s the Judiciary that has got some breather to act in an independent manner. They are luckily not failing in their duty and are showing the courage to let the national and international community learn that it’s the constitution that is supreme in India and promises made by any authority are meant to be kept and not broken, meaning thereby that breach will not be tolerated.

The Supreme Court of India sought to restrain Italy’s ambassador from leaving the country in response to Rome’s declaration that two Italian marines will not return to India to stand trial on murder charges. The pair are accused of shooting and killing two Indian fishermen off the coastal state Kerala last year. They deny they committed murder. Italy and India disagree over where they should stand trial, an issue that has triggered a diplomatic dispute and polarized public opinion in both countries

In January, India’s Supreme Court said the two men, Massimiliano Latorre and Salvatore Girone, will face trial in a special court in Delhi. A month later, the court agreed to an Italian government request to allow the two men to leave India and travel to Italy for four weeks to vote in elections. At the time, Mr. Mancini, the Italian ambassador to New Delhi, guaranteed to the court the marines would come back to India.

In a notice, the court said Italian Ambassador Daniele Mancini is not allowed to leave India without its permission, said India’s attorney general, Goolam E. Vahanvati, in an interview. Some individuals doubt the court’s move to be compatible with the terms of the Vienna Convention on Diplomatic Relations, an international treaty that grants diplomats immunity from criminal, civil and administrative jurisdiction in the country that hosts them.

But the case here is very different. It is Mr. Daniele Mancini (who somehow happens to be Italian Ambassador to India) who stood in court as Guarantee to the court regarding the marines returning back to India after casting their votes. There court has asked Mr. Daniele Mancini to stay put in country till mariners do not return to stand the trail as he stood the guarantee. Court never wants’ the Italian Ambassador to India stay put. But certainly court is not interested in allowing Mr. Daniele Mancini to use his position of being Italian Ambassador to India to work as camouflage in escaping from his promise by forwarding the Vienna Convention in his defense. In fact there is no need to be worried about Vienna Agreement as Italy has itself by its act of not standing to promise made has violated more than a single international pact. If Indian Government feels like, it has all the freedom to launch a military offensive on Italy, as India needs to make sure that in and around Asian continent, rogue states and elements do not dare to raise their heads. Though I am not recommending a military action on Italy, here I am just talking about the rights of India to deal with a Rouge Government or a Government which fails in keeping its promise

Any way Diplomatic immunity is for crimes punishable with fine like parking, not for crimes punishable with jail terms. So there is no diplomatic immunity for the Italian ambassador in the Italian marine bail application. By subjecting himself to the Indian court jurisdiction Mr. Ambassador loses his stand as ambassador and has a role only as a foreign citizen.

                                                                                                                  ————— Always Yours — As Usual — Saurabh Singh

Source:[Website]

aavesh, Academic World, Administrative Sciences, Asian Economies, Concurrent Issues, European Union, Governance Issues, Polity & Intl. Relations, Social Sciences, , , , , , , , ,

Venezuela in transition: What Next after Hugo Chavez

Comments Off on Venezuela in transition: What Next after Hugo ChavezPosted by on March 12, 2013

“Chavismo” – Its Meaning and Interpretation

During the fourteen years of Hugo Chavez’s Presidency, Valenzuela was country driven by his personality more than his policies. This gave birth to a term called “Chavismo”, normally used by political commentators and contemporary historians.

In attempt to describe the meaning contained in word “Chavismo”, I would say that Chavismo didn’t encompass the political machine alone , but also a leftist ideology that, prioritized the redistribution of oil wealth to the marginalized and valued, sovereignty as something to be protected from “imperialist” powers.

Now which path will “Chavismo'” will tread can not be predicted with certainty. This is not for the first time that a powerful leader has departed. History of serious geographies are full the incidents in history. As per the testimony of History, it can be inferred, that as many other powerful leaders who departed creating a vacuum have seen their ideologies live on, though not without change.

Professor Javier Corrales, a professor of political science at Amherst College who studies Venezuela expresses his opinion with words as in quotes ahead “there is a trade-off between the degree to which a government centers, on one person, and the strength of that country’s institutions. ” Perhaps due to it being a complete sum, i.e., one, the stronger the central figure will turn, the weaker will be the fortunes of institution. It has been observed over the years, in history of nations, that any society or nation lands in crisis if it were being ruled (or governed) more by the personality of the leader than his policies and ideologies.

Hugo Chavez, a democratically elected, had to face the accusation of being authoritarianism, as his style of governance made his opponents feel that he is attempting to consolidate all the power in the presidency.

Hugo Chavez’s transformation into Everlasting Personality

The world has seen many able and honest administrations and rulers (some elected democratically, some princely in origin, some who took power with coercion, and many more of the kind ), but not all of them achieve a status of hero or legend. Such leaders are rare, but once they are there, the people do not let them go in their life time. This is irrespective of the policies adopted by such rulers.

Policies of such leader may not stand the test time, economy, prudence and other such words; despite of this such leaders have longer reigns (tenure) as compared to rulers whose policies may best fit the tests mentioned at the start of this sentence.

Perhaps, it were one of his most criticized policy by economists, who went even to the level of dubbing it as unsustainable, that earned him the status of Hero and further metamorphosed in what is now known as “Chavismo”.

It was Chavez’s dedication to putting the nation’s poor at the forefront of his policies, which made him a hero among a large sector of the population. His opponents criticized him for his freewheeling spending of oil wealth of the nations, but Venezuela’s poor saw results and elevated Chavez to hero status.

Millions of poor saw and found hope in Hugo Chavez, as they believed that this man can make earn a decent life. This hope and expectation of million of people of Venezuela is looking into the void that has resulted due to departure of their most cherished leader.

The issue haunting the ruling class, opposition and others in Venezuela most is: 1) that who will appropriate his image, 2) how his image can be used beneficially. Probably it seems that the Venezuela’s opposition may attempt to retain some aspects of legacy that has been left by Chavez and claim it to be their own. This inference is being drawn based the way opposition designed it’s last year’s electoral campaign where they promised that social missions initiated by Hugo Chavez will not be undone, they will just be fine tuned to make them more efficient and effective.

One can also deduce the same if (s)he has monitored or followed the tweets from Luis Vicente Leon, Director, Daranalisi (a polling firm). He too predicted similar thing in his tweets even prior to Hugo Chavez’s Death.

Such status, specially in Latin America means a lot. It is something that never disappears with the person who has earned such status but lasts much longer due to the weight it carries. Often it has been seen that politicians normally manipulate memories of such individual leaders, to serve their political purposes and benefits, and same may turn out the fate of Hugo Chavez too in very near future. What ever may be the fate of legacy earned and left behind by Hugo Chavez, but his memory would be a lasting one in the hearts and minds of people of Venezuela.

Two other individuals (leaders) who earned such Status in Latin America. though are no more but they are still present in the memories of people and also in expressed ideologies of some political parties (may be for their own political benefit than anything else).

Sandinismo: Augusto Sandino was the leader of a rebellion in the late 1920s and early 1930s against an American occupation. Years after Sandino was killed, Nicaraguans used his image as a symbol in their own rebellion to overthrow a dictatorship. A movement, the Sandinista National Liberation Front, was born. The current Sandinista president uses the same symbol and movement, though it has been manipulated from earlier Sandinismo.The Sandinistas are in power even today in Nicaragua, under President Daniel Ortega, though the movement has little to do with its origins. it can be inferred that this movement in Nicaragua has survived over the years and is still in vogue.

Peronism: Peronism is a movement named after Argentine President Juan Peron. Juan Peron was one of Former Presidents of Argentine. His legacy has been claimed and manipulated over the years by parties both on the political right and left.

Fidel Castro: Change in Cuba was more subtle after the passing of the torch from Fidel Castro to his brother Raul Castro. The Castros share their communist views, but after the younger Castro took office, he purged some men and has since pursued policies to somewhat open up Cuba.

It seems that in the Popularity of Hugo Chavez combined with the outpouring of tributes in the wake of his death, make a Chavista victory likely in the new elections that must be called. Maduro was named by Chavez as his preferred successor and could easily win the election, but he will have to put the movement’s unity as his priority.

There are divisions within Chavismo that have come to light as Chavez’s health faded. Some stand behind Maduro, who is close with the Cuban regime, while others side with Diosdado Cabello, the National Assembly president who is more of a nationalist. Because Chavez was never sworn in for his latest terms, there is even a debate Maduroover which of the two, constitutionally, should be the interim president.

Indian Presence at the State Funeral of Hugo Chavez: India was represented by Mr. Sachin Pilot, Union Corporate Affairs Minister at Caracas.

Probably this too is one of things that make world go round………….

                                                                                                                      ————— Always Yours — As Usual — Saurabh Singh

Source: ViewsNext.Com

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