Bombs & Backlash…..

“The rest of India will feel what Assam has been feeling about Bangladesh. If something isn’t done, it won’t be long before Assam is overcome by Bangladesh” said my friend ,who is from Assam. She said there were parts of Assam in which people say this in a very matter of fact way.

This is in the aftermath of the Jaipur Bombings – where scores have died and where press reports seem to indicate that the bombers spoke Bengali. Already there is kb’s of stuff on the why’s and how’s of Bangladeshi terrorists as opposed to Pakistani terrorists.

A lot of the papers have spoken about Bangladeshi illegal immigrants – estimated at around 20 million, who could now become the target for increased security vigilance & deportation. Two questions arise here. a) how do you know that they are Banladeshi’s and not from West Bengal b) If you know that they are from Bangladesh and illegal immigrants, why are they still here ?

Why are there 20 million Bangladeshi’s illegally in India – because x thousand Indians have taken money to look the other way while they cross the border. y more thousand do not check papers before hiring because the illegal immigrant costs a fraction of local labour. z more thousand realise that they are illegal immigrants but choose to collude and keep quiet either because they feel sorry for them, couldn’t be bothered, or it benefits them in someway or the other. My sympathies are actually with the illegal immigrants of Bangladesh — they have come here because we have encouraged it, most of them possibly don’t even understand the concept of nation stares or international boundaries. they are here working at subsistence level and it is still a better life than what they left behind. .I would rather go after the Indians who are encouraging this sort of behavior.

I have been reading reactions from across cyberspace, where all options from sealing borders to invading the neighbours, cutting off water supply were suggested. While I am all for increased security, I think that at best it is latching the stable door after the horse has bolted. I think that in addition to these there need to be steps taken that attack the root of the problem .Since it seems to be suggestion time on national security, my two bits:

a) Make corruption a treasonable act : illegal stuff – whether it is immigration or adulterated medicines or drug smuggling (more on that later) or human trafficking or arms trafficking – happens because someone, somewhere has taken money under the table, to turn a blind eye. Make the act of taking a bribe or receiving a bribe treasonable and implement it across the board. Be it politicians, administrators or law enforcement officers or people who are bribe givers. Fast track the investigations. Publicize the investigations and let the public know the verdict. Include the scope of treason to include terrorism. In today’s time, treason goes beyond colluding with a foreign state. It needs to include trans national movements that seek at destablising nation states.

b) Make Aiding and Abetting Terrorists a Treasonable offense. People aren’t transporting themselves across international and state borders to specific cities to plant bombs. There is an entire chain of people than help them for a) monetary consideration or b) sympathy.

c) Derecognise Political Parties that buck the system and try and legalise ‘illegal immigrants’ as vote banks. Bar them from politics at any level for a 5 year period. If it seems that the political party/ politician has done this in return for monetary consideration then refer to a) above

c) Legalise Drugs – Since the 1980’s the sale of illegal drugs has substantially paid for terror across the world. India is no different. I find it stupid that we spend crores of rupees chasing narcotics unsuccessfully to put high profit margins in the hands of the terrorists. The simplest way of cutting down on the money available to terrorists would be to legalise drugs, tax it and maybe use the money to fight terrorists.

d) Modernize the Penal Code and the Judicial system – it is 150 years behind time. Digitize the system. set up a central data bank of cases. Invest in intelligence, and infrastructure. The game has changed and the system has to be given the tools to fight a different kind of war.

e) Ensure that the PUCL evloves into an ACLU kind of organisation and doesn’t end up trampling on human rights

19 thoughts on “Bombs & Backlash…..

  1. I live in the U.S., and as I am sure you know we have our own illegal immigrant problem. Two quick observations:

    1. If your suggestion to derecognize political parties that try to legalize illegals as vote banks were to be enacted in the U.S., both poltical parties would have to be abolished! Not a bad idea, as they are totally in the pockets of corporations anyway.

    2. Be careful what you wish for regarding PUCL evolving into something like the ACLU. I used to be a strong supporter of the ACLU. That stopped the day I found out that their idea of civil rights extends to NAMBLA. Also, the ACLU is a strong supporter of the rights of illegal immigrants. (By the way, here children of illegal immigrants get free public education, they get free emergency healthcare, and any children born on U.S. soil automatically become citizens – some call them anchor babies.)

  2. easier said than done
    these may be the required medicines but this will lead to the congress being a derecognised party, with its long sketchy sucular record, why congress 90% of others would be debarred too

    on differentiating – only a Bengali can , a friend from bengal told me about the subtleties of dialect that can be caught to recognise a east bengali from a west bengali.
    then again if the govt so wants it can just bomb the shit out of huji strongholds and use laser guided targetting
    but then the dgfi and isi will also not sit quietly , now that their network in India is so well entrenched with local support that the intelligence agencies have been hunting in the dark for clues

  3. Hi NP
    welcome to this site.
    in India too – most parties will get derecognised and most politicians will get tried for treason 🙂

    Its possibly the corporations, and a lot of interest groups that are cash rich. this could be anything from cash rich religious organisations donating to parties for their agenda being backed, to the local extortionist paying his due to the political party.

    2) PUCL is rather toothless. It protests but not much else. What i like about the ACLU is its ability to influence legislation. I have issues with most organisations – be they corporations or human rights orgs — sometimes their vision gets blurred. 🙂

    i don’t have an issue with immigrants…
    most of those who immigrate possibly don’t even realize where one boundary ends and the other begins. I have an issue with the illegal part because it opens them up to tremendous exploitation at all levels. My solution to the problem is kind of binary –
    a) send them back
    b) legalise them and grant them citizenship. don’t let people continue in this nebulous gray zone.

  4. hi prax
    not necessarily. very few laws are retroactive in nature. they are more likely to be from this day forward.
    And why the congress – everyone is responsible.
    the DMK & AIDMK in TN
    the communists in WB
    the SP in UP
    the BJP in Rajasthan – are you telling me that so many Bangladeshi’s ended up in Rajasthan without the BJP political end being involved.

    Ultimately remember this …. apart from the various brands & ideologies that they all pay lip service to, they are ultimately politicians and they have climbed over many bodies to get where they are….

    i am not saying that politicians will agree with the solution. most likely they will have a heart attack when they see stuff like this 🙂
    because with 90% of them — if they don’t get derecognised that is possibly because they are on trial for treason 🙂

  5. Warning: Long comment ahead!

    Interesting problem, I don’t agree with all your points. Responses pointwise:

    1. Corruption is already an offense. In India he problem is not making laws, but implementing them. I think the best way to tackle corruption is to pay market rates and expect professional performance from government employees. A government job should not equal 8 lazy hours a day and permanent tenure.

    2. I don’t know the definition of treasonable. But aiding and abetting terrorists is already a pretty serious offence.

    3. I need education on this point. Which body can de-recognize political parties? And can political parties not have pro-immigration viewpoints? Of course the legality of immigration is a moot point. For that matter, why not deal with the lakhs of squatters in Mumbai that have just laid claim to public land (footpaths, railway stations, even roads?). These people are ostensibly citizens of India. Why don’t we worry about them first!

    4. Agree. Some drugs can and should be legalized. For instance marijuana is no different than tobacco in that it is a plant rolled up and smoked. But I am not sure about legalizing other narcotics as they can be a public hazard. It is far far easier to get high on drugs and go and crash a car because the amounts involved are miniscule. One pill or one injection probably gives a bigger high than 6 shots of alcohol.

    5. Agree completely. Also, modernize the police force, pay them well and treat them well.

  6. Hi Pseudoko
    long response 🙂
    a) the Prevention of Corruption Act is in place but is about as effective as the CBI. The thing about corruption being brought under treason is the level of stigma still associated with being a ‘desh drohi’. and, lets face it corruption is the bane of our existence. If all the money that was supposed to reach the power and the down trodden reached it – we would possibly not have a Naxal problem. If development aid reached its intended target, we would be far more developed and be able to do more for the downtrodden.
    There is a whole bunch of people in the system who took money and prevented this from happening. If this is not treason, then what is ?
    Let us start dealing with corruption the way it ought to be — severely.

    b)treason is the betrayal of one’s country – this is from dictionary.com

    1. the offense of acting to overthrow one’s government or to harm or kill its sovereign.
    2. a violation of allegiance to one’s sovereign or to one’s state.
    3. the betrayal of a trust or confidence; breach of faith; treachery.
    [Origin: 1175–1225; ME tre(i)so(u)n < AF; OF traïson < L tr?diti?n- (s. of tr?diti?) a handing over, betrayal. See tradition]

    —Synonyms 1. Treason, sedition mean disloyalty or treachery to one's country or its government. Treason is any attempt to overthrow the government or impair the well-being of a state to which one owes allegiance; the crime of giving aid or comfort to the enemies of one's government. Sedition is any act, writing, speech, etc., directed unlawfully against state authority, the government, or constitution, or calculated to bring it into contempt or to incite others to hostility, ill will or disaffection; it does not amount to treason and therefore is not a capital offense. 2. See disloyalty.
    n.

    1. Violation of allegiance toward one's country or sovereign, especially the betrayal of one's country by waging war against it or by consciously and purposely acting to aid its enemies.
    2. A betrayal of trust or confidence.

    In today’s day and age the definition of enemies has to be clearer. Possibly more in line with our times – keeping in mind today’s powerful stakeholders – be it religion, commerce , pan national movements !

    3) At this point in time, I think, that the EC can derecognise parties. Possibly the SC.

    4) All of it , in my opinion. Restrict its sale. monitor it. keep it under control. but, legalise it. I hate the idea of the trade in narcotics putting money in the hands of gang lords – who cause a breach in peace – and terrorists – who do the same……. As far as it being a public hazard is concerned …not really. It isn’t a public hazard -pollution is more a public hazard — it is a moral/health hazard. my views are simple … the State is not the parent, teacher, organized religion, or society – it’s job is not to keep us or our children on the ‘straight and narrow’ – it is to keep us secure. The rest of the institutions need to start doing their bit in the moral well being of future generations. It is not the state’s job, and if handed over to the state, it is most likely to botch it up 🙂 just look at the UK and the US, if you want validation for this perspective !!

    5) Seriously pay them well. I feel embarrassed when i read about how little the police are paid and how delayed these payments are.

  7. And why the congress – everyone is responsible.
    the DMK & AIDMK in TN
    the communists in WB
    the SP in UP
    the BJP in Rajasthan – are you telling me that so many Bangladeshi’s ended up in Rajasthan without the BJP political end being involved.

    i share the same hatred u have for politicians in general ive posted before
    Indias war on terror a non starter!

    but first of all it is economics and undercutting not politics which dictates where the bangladeshis or the biharis or any labor rich states citizens go…

    economics leads the biharis even to remote swaths of ladakh as a BRO backbone to maintain the highways. u cant pin it down on bjp per say – first because there is no state control on immigration… thought the govt there can take some blame because police is a state subject
    acorn has a good discussion on this muddle
    http://acorn.nationalinterest.in/2006/12/06/going-legit-in-assam/

    secondly congress and wb communist govt is chiefly to blame FOR ILLEGAL IMMIGRATION and its promotion. read
    http://www.atimes.com/atimes/South_Asia/GA14Df05.html

    u talk about Assam and do u know how staunchly the congi defended its sham legislation called the IMDT ACT and foreigners act both held unconstitutional by the supreme court…

  8. i don’t hate the politicians — that requires too much effort…:) i just think that civil society ought to be more proactive in keeping an eye on the politicians. They are there primarily because we don’t want to be involved !
    There is no point in blaming one party or the other — they have all colluded on a number of issues, including this one..
    Economics in Bihar is slightly different from economics in Bangladesh. The former is part of the Indian Union, its inhabitants are the citizens of India – just like you and I – and as such they have every right to move and settle anywhere in the country. With Bangladesh, the issue is slightly different – i ,as such ,may have a larger humanitarian responsibility towards the Bangladeshis’ or the Rwandans but that is not necessarily a state responsibility.

    Also, i don’t have an issue in giving the Bangladeshi’s in India citizenship and letting them continue with whatever it is that they are doing… But, I have an issue with the ‘illegal’ status … because we are putting poor, defenceless peoeple in danger of exploitation – be it from political parties or terrorists or builders or who ever ….
    my problem with policy in India is the blame game … it should be possible to look at policy going forward — without the bitterness of the past.. otherwise no solution will emerge…

  9. again easier said than done
    i must say noble are ur ideas but with this kinda situation some of them are a bit foolhardy

  10. lastly the cycle of poverty and lack of education to ones rights is the biggest cause of exploitation
    u cant say that the bangladeshis are more exploited than biharis ? – food takes a priority over fair pay or play

  11. which of them are fool hardy … treason, having civil rights, derecognising political parties for excessive violation of laws, legalizing drugs ?

    the change has to be major — nations are still fighting wars as they did 30 years ago … the enemy has changed !!

  12. I personally disagree with your saying the IPC needs a change. Its more substantive in nature. and cases like terrorism and Illegal immigration are covered by special laws to which the IPC does not apply.
    also to be noticed is that these special laws are really harsh and what I would call ‘immoral’.
    But i do agree with your latter statement of digitisation and enforcement of the security and intelligence agencies.

  13. hi Aditya Swarup

    a) i think that the IPC needs to be rationalised.
    b) i believe that if we are to win the war on corruption, there need to be more stringent laws and more stringent penalties to cope with it. Treason is a thought – very simply because everytime someone takes a bribe … it possibly goes against the ‘interest and wellbeing of people’ and in a modern day Republic, the people are the state !!:) i know it is a bit of a stretch …
    c) POTA and its predecessor had massive issues – not in the least – human rights. —–
    However, on the other hand….If we are fighting a war against terrorism, then the terrorist is the enemy. Anyone who collaborates with the enemy is also an enemy … in wartime collaboration can have serious consequences, including the firing squad…

    I would rather you call the crime for what it is … treason … and deal with it – in accordance with the law. Rather than have 3500 odd cases registered against terrorists, with the possibility of none of them even coming to trial in our life time !!!!
    My only reservation with treason per se — is that in India we label someone first and then figure if the label fits … i would hate to see the kind of stuff that went on in russia, china or the mc Carthy era in the US…
    d) the Federal ‘anti terror’ squad is a good idea.

    e) back log clearing in the criminal justice system is the other…..

  14. Harini:

    More laws will not tackle the two key problems – that the laws that exist are poorly enforced, and that should anyone try to fight a case, the chances of the case coming to trial are minuscule.

    The solution is not in more laws, but in better enforcement and in an independent, and active judiciary.

  15. hi shefaly

    it is not about more laws… it is about getting a new law to replace older laws…

    For me, the single biggest problem facing India is the level of corruption…. not communalism or terrorism or even caste … all of these are exacerbated and encouraged by the excessive leakages across the board.

    Things that are ours by right — from a ration card, to a voter card to a domicile certificate to a passport, to income tax returns …. are granted to us when we grease some palm somewhere.

    Take it into remote parts of India the situation gets worse. The Indian government actually has sensible schemes to alleviate poverty, ensure education, etal…but, less than 15% of the allocated funds reach the intended recipient…. look at the Naxal problem that affects one third of the districts in India — it is primarily caused by abject poverty and hopelessness. And it is prevalent in the most corrupt states in India.

    so, we need a law that looks at ‘economic crimes’ – because they are fairly serious and have severe long term consequences . whether it is treason or something else needs to be figured… the current Prevention of Corruption act was framed in a much more gentle period of time and is not good enough to deal with the kind of rampant corruption there is…

    Independent judiciary — there already is an independent judiciary and it is mostly independent….
    and its active / activist on most issues …but, they work within the framework of the legal system as it exists today, and in my opinion, the legal system needs serious updating.

  16. Harini:

    At the risk of sounding like Mary Poppins, I have to say that I never paid any bribes for getting any papers I ever needed in India. At 19, for instance, I went to a smelly passport office in Old Lucknow, full of men all aiming to go to the Middle East, and got my passport within 3 days without greasing any palms. I did not have to because nobody asked me. I needed the passport to write GRE so they have real leverage if they wanted to use it.

    I was at a seminar y’day where the British head of Conde Nast said that in his entire experience of launching Vogue in India, nobody, but nobody, expected or demanded a bribe. He said that in his view, bureaucracy in India, although apparently onerous, functions and delivers outcomes. He is obviously contrasting it with other countries he has launched operations in such as China and Russia. But in the same forum, an Indian businessman said, “Target corrupt politicians’ wives as your customers; they pay cash and will buy loads of stuff (peals of laughter from him)”. I have never in my life been so ashamed of any Indian sitting on a podium … (The same person later said shopping is therapeutic and offered a yacht maker that if he took his yacht show to West Bengal, he would help him get all politicians into their pockets!). Need I say more?

    In giving bribes, people who give are as responsible as those who demand and take, don’t you think? Corruption is endemic because people tolerate it. Some make it their business to become ‘experts’ at it and such people perpetuate the corruption ethic. And as some recent events appear to show, there is slow but steady comeuppance. I attended college in UP so I knew more than my fair share of corrupt officers and their progeny. I am happy to say most of those ‘officers’ are now behind bars, their possessions confiscated and their children sadly but certainly socially outcast by their fair weather friends..

    Many in my family are civil servants and their rather poor lifestyles are proof enough that there are enough non-corrupt people keeping the place going. Far more numbers than take bribes. This too is a sign of hopefulness.

    But above all, since it bothers so many people so much, people need to stand up and say ‘no’. No laws are stronger than the people they seek to keep in line. Isn;t that democracy is all about?

  17. You will be surprised to know who this Indian businessman was. I will email you his name! It will probably make you wonder as it made me, if in some families, corruption is endemic, passed on like genetic material…

  18. My dad was in the Government for a bulk of his life. and we always felt month ends. I remember a whole bunch of my friends having tons of stuff for diwali and us not having ….in later years i grew to be proud of the fact. He would not even accept sweets during Diwali. and these are the values that we were brought up with.

    Personally, i have not been asked for grease money. But, as someone put it … seeing you no one will ask for one..they are afraid you will lecture them 🙂 having said that, had i been slightly more elastic in terms of my morality, my company might have done better. It is not just Government officials who expect kick backs 🙁

    People who offer bribes as a way of bucking the system are far more guilty than those who accept them.

    On the other hand, people who are forced to pay money to grease palms to get their work done are victims. there are horror stories about pensioners not getting pensions without bribes, people not getting death certificates without bribes, people not getting IT returns without bribes, people who fall under the “below poverty line” category and who are eligible for social welfare, not getting their due without bribes … in this case it is victimization. And, this is what is slowly and surely eroding the fabric of the nation.

    I am seriously not surprised with the Indian business man, some of them think that they are above the law… and something ought to be done to bring them back to earth. I heard of a large Indian company that is supposed to have a separate ERP system to take care of their ‘payouts’ 🙁

    Corruption is endemic because we tolerate it .. definitely. it is also endemic because people who bribe and are bribed get away with it !!! in a new India money buys respectability … doesn’t matter where the money comes from…. it is seriously depressing.

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