Editorial TO PROPORTIONAL REPRESENTATION of 15-31 March 2009 Martyra Memorial Special issue of Law Animated World

To Proportional Representation

we must switch over if we really want to curb, totally eliminate may be too tall a wish, money-power and criminalization of politics perverting our democratic system. The much vaunted Constitution we have is largely copied from the infamous Government of India Act 1935, which in itself distortedly reflected the plurality voting system of Great Britain. It is the colonial legacy which resulted in our adhesion to this not-so-happy electoral system, where the legitimate claims of various sections of the people are blissfully neglected. A party securing even 30-35% of the popular vote can win all or most of the posts and an opposition with around 25% votes may not secure even 10-20% of the seats, and less favoured ones with 10-20% or less, but with considerable support from weaker sections or minorities, may draw a mere cipher. This cannot be called really representative democracy and defeats the very ideals of justice - social, political and economic, and of democratic governance, adumbrated in our Constitution. For example, the Madiga Reservation Porata Samiti (MRPS), which has now decided to contest independently in the state of Andhra Pradesh, may bag around 10% of vote in the coming elections but get no seats, whereas the communist parties which together may not get more than 5-6% of popular vote may secure 8-10 Assembly plus 2-4 Lok Sabha seats thanks to their alliance and the present first-past-the-post system. This surely cannot be called just or equitable. There is something like ethical equality which may be more precious than mere political equality. Even in the U.K., Northern Ireland and Wales Legislatures have opted for proportional systems; and Ireland and Scotland are already in that category. Only some 45-50 out of the 200 odd countries of the world adopt this plurality system whereas many of the most developed democracies in Europe as well as South Africa and New Zealand follow the proportional system. Whether it should be by the party-list method or Single Trnasferable Vote, etc. can be worked out, but we feel it is high time that people here think, discuss and overcome the current inherited inertia and bring a salutary change in the electoral system of the country. To begin with we may opt for partial proportionality and experiment it in a few states before making it countrywide. This change would certainly be the harbinger of a genuine socio-economic change for the betterment of the common man and achievement of social justice §§§

Editorial in LAW ANIMATED WORLD, 28 February 2009 issue: FIGHT TO THE FINISH?

FIGHT TO THE FINISH?

It is really sad that the UN Security Council also refused to actively intervene in Sri Lanka but, on the contrary, the SC members appealed to the LTTE to release the civilians virtually taken hostage by them and also to lay down their arms and abandon the use of violence to pursue their political aims. Of course, they have also appealed to the Sri Lankan Government to exercise maximum restraint but nobody questioned the declared Sri Lankan position of fighting the civil war to the finish and soon eliminating the LTTE. Actually none of the Security Council members was prepared even to propose a request for a ceasefire. Even the briefing by John Holmes, the UN Under-Secretary-General for Humanitarian Affairs, on the shocking humanitarian crisis in Sri Lanka was at first opposed by Russia, which was afraid that if she agrees to a sovereign State of the UN being questioned in its campaign to suppress an internal insurgency, then tomorrow she herself may be dragged to the international forum on the Chechnya problem, which is no less alarming. Unfortunately for Prabakaran and the LTTE, they have ‘overstretched’ themselves and earned a bad name in international circles, being branded as a terrorist organization even by the European Union, doubtless a very liberal democratic entity. However, Sri Lanka led by Mahinda Rajapaksa should also realize that the Bush doctrine of ‘fight to an end’ is not that easy, given the LTTE’s tenacity and daring to mount surprise suicidal attacks. Further, even if the lions win and tigers vanquished, the guerilla war may not stop. It seems there are saner elements in the LTTE circles also, some of them speaking highly of the now-opposition leader, former Premier, Ranil Wickremasinghe, and so we feel Sri Lankan Government should be magnanimous in victory and, instead of pushing for fight to the finish, declare immediate ceasefire and negotiate with the LTTE and other Tamil forces to work out a peaceful federal solution in Sri Lanka §§§

Editorial in LAW ANIMATED WORLD, 15 February 2009 issue: TAMILS IN TURMOIL

TAMILS IN TURMOIL

now all over the world, but especially in Sri Lanka and also in Tamil Nadu, over the gory plight of the Tamils there bearing the brunt of the military offensive launched by the Sri Lankan Army to totally decimate the dreaded Liberation Tigers of Tamil Eelam, fighting for a separate homeland for Tamils. Sri Lankan forces seem to have gained a clear upper hand and captured all the important LTTE bases including their bastion Mullaittivu and are now poised for the final strike against their last stronghold Puthukkuduyiruppu. From November 2006 onwards the SL military operations with terrific airstrikes and intensive shelling have not only devastated the LTTE ranks but also resulted in thousands of civilian casualties; even school children and hospital patients were and are not spared and the Tamils all over the world are furious that it is but a campaign of genocide and ethnic cleansing. Large protest demonstrations have taken place and are being held worldwide by the Tamil diaspora but especially Tamil Nadu is in intense agitation. At least three fanatic admirers of LTTE, and votaries of Tamil Eelam, beginning with Muthukumar, immolated themselves castigating not only SL chauvinists but also ‘Indian Imperialism’ and now LTTE flags and portraits of the iconic leader Prabakaran are being displayed openly in defiance of all anti-terrorist law. One can understand the intense anguish behind such protests since there have been and are close relations between Tamils across the sea, and Tamil Nadu has seen the origin of an ‘independent Dravid Nadu’ campaign as far back as in the 1950s even before any Eelam agitation was conceived in Sri Lanka. Truly the human tragedy in Sri Lanka is of staggering proportions and there is urgent need for the international community to immediately cause a cease fire and also restart of peaceful negotiations to solve the Sri Lankan ethnic problem. India should also actively intervene in the matter lest in not distant future our own South starts burning too §§§

Editorial 'Our Republic in Peril' in 31 January 2009 issue of LAW ANIMATED WORLD

OUR REPUBLIC IN PERIL

now not significantly due to any external invasions or threats but mainly because of our own internal problems and squabbles. And these are largely due to lack of federal democratic governance, more notably local self-government, on the political level, and unabashed pursuit of the free market dreams in the economic sphere. It is the capitalist economy which now masquerades under the supposedly neutral ‘free market economy’ but the biggest myth is to claim that it is really free. Actually it is the other people’s moneys – more so the public properties and moneys – that greedy and rapacious corporate capitalists (mis)use in their enterprises and the tom-tom about ‘consumer sovereignty’ is also another discredited myth. Above all, boasting on the one hand that we are a sovereign, socialist, secular democratic republic to zealously support and promote corporate crooks in the name of ‘new economic policy’ is the biggest hypocricy damaging the basic fabric of the nation. Similarly, shouting secular has become just a fashion but the policies-n-programmes are all communal – of the very many ruling and would-be ruling parties of the country. So much so that they have even packed the modernist revolutionary Bhagat Singh in a hidebound costume which he rarely wore in his militant and mature years, and the lip service paid to him, without even showing his statue fully in the presidential website (extreme left above), just disgusts. When already the existing States have hardly any important powers, their say is being further diluted by raking up or supporting fissiparous tendencies. As for local self-government, well, the less said the better. The Panchayats hardly have any developmental powers or finances. Poverty, ill-health, corruption and unemployment are rampant and growing day by day. Even the Apex Court is frequently humming corporate tunes and the common man is left in the lurch. Not surprising if he falls victim to or is attracted by terrorism or other undesirable outbursts §§§

Editorial 'CORPORATE CROOKS AND COMMON MAN' in 15 January 2009 issue of LAW ANIMATED WORLD

Read below the Editorial: 'Corporate Crooks and Common Man' in 15 January 2009 issue of LAW:

CORPORATE CROOKS AND COMMON MAN

New Year has not augured well for the world economy, with what two major global economic frauds coming to light shocking the world populace out of their fascination for greedy capitalism. Called by some the biggest fraud in corporate history, the Madoff Scam in America has with one lightning stroke wiped out billions of dollars of accumulated savings of several big trusts and also other wealthy, greedy money-savers. If it is the good old Ponzi wine in a new bottle that played havoc in the Wall Street, it is our Andhra industrial icon Raju’s obsessive greed for realty and quick buck that upset our Sensex and the perhaps up to now biggest 7000 crore rupees corporate fraud in our history is quaking the entire nation. In either case, SoS shrieks are out for State intervention to save these now ‘helpless, well-meaning, honest but somehow bungling’ tycoons in the guise of protecting the livelihoods of comfortably placed software professionals or savings of the neo-rich upstarts. In our case the hand of the corrupt politicians in power is quite patent with what thousands of crores of public moneys so liberally and hastily channelled to Satyams - straight and reversed both, but more to the latter - obviously for huge kickbacks. At this juncture the only right course would be to let Satyam declare itself bankrupt and face all the penal consequences of law instead of trying to bail it out with thousands of crores of public moneys and further damaging the economy and conditions of the vast masses by staggering inflation and financial crises. There is no need to create any state-run zombie, called Shivam or Sundaram. We do not want any socialism for the rich but genuine social welfare and development measures for the poor and needy common man. The corporate criminals and corrupt politicians should not be let walk away lightly – ‘mere few weeks or months in jail due to wealthy criminals’ would not do. We may not shoot our scamsters here but ought not to spare them in the least either §§§

Happy New Year and Nava Sankranthi!

Wish you all a Happy New Year and Nava Sankranti 2009!