Gauri Lankesh was executed. What else do you call a bullet in the forehead? We know why. The question to those who did it and those with whose support they did it is, ‘Now what?’
The problem with using ‘ultimate’ strategies is that when they fail, you have nothing left. Ultimate strategies also indicate another fatal flaw, that you are desperate. Nothing is working. So, you try the last weapon in your arsenal, the most powerful which came with a warranty to destroy all in its path. You fire it. You wait. The explosion fades. The smoke blows away. The dust settles. But just as you are about to heave a sigh of relief, you hear a voice, then another, then another; just like the one you tried to silence. And you stand there, smoking gun in hand, empty magazine, wondering, ‘Now what?’
Sad to say this is not new. According to CPJ 41 journalists have been killed in India since 1992. https://cpj.org/asia/india/ As a culture we are not tolerant and benevolent as our PR likes to portray us, but are highly intolerant and vicious and brook no dissent to the dominant narrative.
Hegel said, “We learn from history that we do not learn from history.” If only we read and try to learn from history. But then those who killed Gauri and those who are engaged in manufacturing fake news or earning their living as internet trolls can hardly be blamed for reading. History is replete with incidents of attempts to muzzle the voices of truth and justice. Anyone who reads history can only come to one simple conclusion, that ideas must be responded to by ideas. Arguments must be met with counter arguments based on facts and logic. Not by shouting, screaming, accusations, threats or bullets. But as I quoted Hegel, ‘We learn from history that we do not learn from history.’ That is why another quote which is attributed to so many people that I place it before you, crediting all those who may have said it, ‘Nations that don’t learn from history are condemned to repeat it.’ The purpose of all such attempts at intimidation, be it the tirade against Hamid Ansari or Amir Khan or the final step of the murder of Gauri Lankesh, is to create such an atmosphere of fear that people will censor themselves. Make such an example of those who refuse to be intimidated that the rest of them will learn a lesson. What those who propound that theory fail to ask is the final question, ‘What lesson will they learn?’ Take the situation today in this country. We had a nation which was quoted in the world in terms of its economic growth and its glowing future. Admitted we had our flaws, don’t we all? But we could stand in the middle of the chowraha (traffic intersection) and criticize the government without any fear of reprisal. Our Prime Minister was a scholar in his own right, an economist, a teacher and a man respected worldwide. Yet we could call him Maun Mohan Singh referring to his famous refusal to speak on different occasions without the fear of his devotees jumping down our throats. Freedom was the key word in our country, including the freedom to urinate in public, but that is another matter. Today that is the only freedom that seems to have remained if I am to go by a video that someone sent me of someone relieving himself in the Delhi Metro. https://www.youtube.com/watch?v=m244-kV_h8A Today however, we have a situation where a young boy is murdered in a train filled by people including police officers and when the crime is sought to be investigated, there are no witnesses. We have the father of an Air Force Officer, murdered on suspicion that he had beef in his fridge. We have a man slaughtered in broad daylight for transporting a cow for his dairy business when he had all the relevant permissions to do so. We even have officials of one state (Tamilnadu) officially deputed to transport cattle, assaulted and injured for doing their duty. We have a young man in Pune, lynched because he was wearing a cap. The instances of public lynching by what are called Cow Vigilantes are so many now that listing them is not possible here. The instances of online intimidation and abuse are myriad and instantaneous. What is remarkable and should be remarked on is not the incidents but the fact that they all go unpunished. No government can prevent crime totally. But any government worth the name must investigate it and bring the culprits to book. That is what a government is for. It is for governing. Not to dictate what people must eat, how they must dress, what they must and must not speak, who or what they should worship, but to govern the country in a way that citizens are safe. The government is not responsible for the incident but for what happens or fails to happen thereafter. That is what a government exists for. When crime goes unpunished, it spawns more crime. But of course, if the definition of crime is changed, then a crime is no longer a crime and the government is free from blame. Safety and terror are both buzzwords today which are guaranteed to get attention. The problem is that today safety seems to be guaranteed for those who spread terror. While those who are being terrorized are not even allowed the freedom to mention it, no matter how mildly. Ask Hamid Ansari. Will the murderers of Gauri Lankesh be apprehended and hanged? Will the murderers of Akhlaaq, Hafiz Junaid, Mohsin Sadiq Shaikh and dozens of others be similarly brought to book? Will I stop asking stupid questions? When this government came to power in 2014, it did that on the promise of economic development. As the country with the largest number of people in abject poverty in the world, it is economic development that we need like a blood transfusion. That is why we elected this government. But what did we get instead? Demonetization which destroyed thousands of livelihoods, impoverished those living on the brink, sank SME’s which are the backbone of society, wiped out the savings of the poor and did nothing to the black money and terror funding that it allegedly was aimed at. Anyone who knows anything about economics could have predicted this and many did. But this ‘surgical strike’ (not my coinage) on the economy was done with such swiftness that predictions had no meaning. Then came the implementation of GST. Another body blow to the economy that took down those left standing after demonetization. An initiative with noble intentions but the way it was done was to create confusion and despair albeit giving rise to a completely new multi-crore business of GST Advisors. What we were promised was development, Sab ka Saath Sab ka Vikas. What we got instead was apartheid, oppression and for those who dared to raise their voice, intimidation and murder. What we were promised was Ache Din. What we are now promised is New India. What we were promised was elimination of black money, bringing back money from Swiss bank accounts and depositing money into the accounts of all Indians. What we are now promised is Cashless India. What we were promised was development for all Indians. What we are now promised is…. Well, as Hegel said, “We learn from history that we do not learn from history.” My question to myself and you is, “Do you want to prove him right or wrong?” Ralph Chaplin said: “Mourn not the dead that in the cool earth lie, but rather mourn the apathetic throng, the coward and the meek who see the world’s great anguish and its wrong but dare not speak.” A friend asked me for my opinion about the Bhopal ‘encounter’ which is in the news at present where eight young men, allegedly ‘dreaded terrorists’, were ‘encountered’. This is a cute term invented by the Indian media to describe what should correctly be called ‘extra-judicial killings’. And if you are among those who like to reduce everything to a single word, then you may like to experiment with the word, ‘Murder’. Truth and facts are boring and don’t sell papers or generate TRP ratings for so-called News Channels (which should be called by their real name – Propaganda Machine) but lace the truth with a dash (if required completely drench it) of fantasy, drama, excitement and fear and you can make a jaw-dropping, BP-raising, edge-of-the-seat, breathtaking clip of a cat catching a mouse. That is where the word ‘encounter’ came into being – murder being rather boring. And those who indulge in it on a regular basis were given the media medal of ‘Encounter Specialist’. I will leave you to arrive at what the logical, factual, straight and truthful word is, that should be used. No point in belaboring the point. To give you an example of the monsters our media creates see this headline: http://bit.ly/1eBKIgu Why would anyone fear someone whose specialty is killing innocent, unarmed people? If that is a definition they feel proud of and their law-abiding brethren are not ashamed of, then pray what is the difference between this and the way you would define every daku (dacoit) of Chambal or every supari hitman gangster of the underworld? If honest police officers find such media descriptions insulting, then why do they remain silent? Here’s what Wikipedia has to say about ‘encounter’ killings: http://bit.ly/2eERe9jLet me leave such thoughts to those who should really reflect on them.
I decided to begin at the beginning and googled the term Encounter. Google, like Jeeves, gives satisfaction and so here is what came up.
I am not sure if those who had the encounter (or were ‘encountered’; such a useful language, English) would describe what they faced as, ‘we encountered a slight problem’, but fortunately they are not in a position to disagree with this definition, so we can ignore what they may have wanted to say. So, what really happened in Bhopal? God, of course, always knows. In this case those it happened to and those who facilitated that happening also know. But one lot is now speechless and the other lot are not speaking. Therefore, I am exactly where all of you are; with an enigmatic mystery to solve. Those addicted to mystery novels (I am, if Jeffery Arthur is the author) will be thrilled that one is unfolding before their eyes. I mentioned JA not by accident but by design. Because one of the most enjoyably infuriating thing about his writing is that the mystery is never completely solved. So, you gnash your teeth in frustration, curse him for being the cussed, devious man he is and wait with baited breath for his next novel, knowing full well that it is going to leave you in the exactly same state. We are all suckers for punishment. That is why I have read all his novels and pray for his long and productive life. The Bhopal Encounter (it deserves upper case) is a mystery which will never be solved (at least for garden variety lizards like me) and will be followed by another and another as it was preceded by one and more. Then why write anything at all about it? I believe the Bhopal Encounter is a snapshot of what happens to democracies and what has been happening to our Indian democracy when those who make up the democracy decide to copout of the process. What defines and differentiates a democracy (India?) from a monarchy (Britain), a dictatorship (Egypt), an oligarchy (USA) or an anarchy (??) is the actions of its people. Democracy is not the name of a system of government. It is the name of a state of being that a nation of people choose for themselves. It is the name of a belief about yourself. It is the name of dignity of the individual. It is the name of justice where the law supersedes the individual (the opposite is the definition of feudalism). It is the name of self-determination, individual liberty, mutual compassion and concern. The system of government called ‘Democracy’, ensures all this. When its nature changes and it is no longer able to fulfill what the term ‘Democracy’ defines, it ceases to be a democracy and becomes whatever its actions display, no matter what its PR machine wants to portray to the world. People always see through the covers and know the truth because people listen with their eyes. They don’t care what you say, until they see what you do. Democracy is defined by its three constituent institutions and by their separation; of the law makers, implementers and interpreters. Separation of the Institutions of the Legislature, Executive and Judiciary. “I am the law” or “I am above the law” are both feudalistic statements. The separation is a safety measure to ensure that the democracy always remains a democracy and can’t be hijacked to become a dictatorship as we have seen happening all over the world, even though those regimes still call themselves ‘democratic’, because that is the buzzword to use. After all, how would, ‘The Undemocratic, Dictatorial, Fascistic, Murderous, Oppressive, Apartheid Republic of So-and-so’ sound? Not nice at all. So, they call themselves ‘Democratic’, while all the rest are fringe benefits that their citizens enjoy. The ‘Encounter Specialist’, by his action (and all those who support that action directly or by remaining silent) collapses the three Institutions of Democracy, where he becomes the lawmaker, the law interpreter and the law enforcer. He decides who is guilty and what should be done to him. By his action, he declares that mere incidentals like evidence, establishment of guilt, judicial process, criminal code, sentencing and the legal procedure to ensure justice, are all immaterial. He is the judge, jury and executioner rolled into one and by his action, hammers another nail into the coffin of democracy.The question is not whether the one killed in an ‘encounter’ was guilty or not. The question is whether justice was done and seen to be done. If we declare that the killing of one by another who considers him guilty is justice, then we have legitimized every terror killing in the world. The man who drove the truck through the crowd in France thought he was doing justice. The person who killed the three Muslim medical students in North Carolina thought he was doing justice. ISIS thinks it is doing justice. Every Israeli soldier shooting Palestinian children thinks he is doing justice. Where do we draw the line, if we choose to obliterate it in one instance?
We either draw the line and say, ‘Let the courts decide who is guilty and who is not, based on evidence.’ Or we open the doors to anarchy and civil war. It is our call. It’s the choice of civil society, to raise our voice and say what we want; what we demand from our government; justice or anarchy? The ‘Encounter Specialist’ represents anarchy. The policeman/woman who investigates a crime and brings the murderer to the gallows, represents justice. Whose side are we on? Whose side are you on? I know whose side I am on. So do you. So, who is guilty? Those who commit murder and call it ‘encounter’, those who order it and all those who sit silently and watch it happen. All of them are equally guilty of destroying the law, destroying the nation and destroying themselves. Especially tragic is when those sworn to uphold the law and protect the innocent are guilty of violating that trust. There’s nothing more pathetic than a policeman committing murder at the behest of others. It violates and insults the uniform, the oath of office and the Constitution of India. It is the action of such of them that give a bad name to the entire force, where the term, ‘Police Martyrs’ sounds like an oxymoron. Those who really lost their lives honorably lose the honor they deserve. I remind myself that there are others who I know, who in this morass of shameless pursuit of personal wealth and pleasing political bosses, don’t even dream of sacrificing their integrity and stand, often alone, as shining lights proclaiming that honesty and truth are personal values which define us. And so, they are never to be compromised. In the words of the song: मझधार में नैया डोले तो मांझी पार लगाए
मांझी जो नाव डुबोये
, उसे कौन बचाए
In my view the solution is very simple. Justice. Let justice be done. Murder is a crime. It is fashionable today to call for tougher laws. The fact of the matter is that our existing law is more than good enough. Murder is a crime and its punishment is death. What more can anyone do? The issue is not with the law but with the implementation of the law. When murder done by someone special is not punished, changing the law and making it tougher is not the solution. The solution is to bring the criminal to justice, by proper investigation of the crime and collection of evidence. It is not possible for any police force to anticipate a crime of random violence. Neither is it possible for the police to prevent such crimes from happening because we have no knowledge of hidden things. The only way to be forewarned about the possibility of such crimes is through Community Policing by building trust in civil society such that the Police Force is seen as their compatriot and friend. I know that there are a few officers who are working to this end. But one incident of extra-judicial killing destroys years of trust building. It may not be possible to prevent every crime of politically motivated random violence but it is eminently possible to investigate a crime once it happens and catch the criminals. When there is a price that the criminal is convinced he will have to pay, then he will think many times before committing the crime. Instead of that, when innocent people are killed because the police is too lazy to investigate or is subservient to others and has accepted the role of hitman, then instead of fighting terrorism, you end up creating more terrorists. An extra-judicial killing is a dream come true for the terror group recruiter. Every real terrorist killed in a staged encounter gives birth to ten more recruits. Every innocent killed in a staged encounter gives birth to a hundred. The nightmare of the genuine law enforcer is the false encounter because it closes doors of cooperation which could have prevented future crimes. My suggestion is that given the dismal record of police investigations, it is time for civil society to launch an independent investigation into these terror crimes and encounters. We need to set up a fund to pay for a top-class investigation agency to independently investigate the crime and collect evidence. This can then be given publicly to the police to take to a conclusion. I say publicly because if the police know that there is real evidence then trying to cover up is not so easy. Criminals must be punished and not rewarded, if we are serious about fighting crime. If crime pays, criminals will flourish. If criminals start paying, crime will end. The law must be respected and applied, no matter who tries to break it. If we do that, then we would have taken the right steps to change the script. Once the script is changed, the results will be different. It is time for us to wake up and realize that polluting the water in the lake affects all those who live in the lake. Those who sit quietly will not escape the effects of pollution. The time has come to speak and to act if we want to bequeath a world to our children that they will not curse us for. Stand for justice. Speak for justice. Or sit silently and support the terrorist, the murderer and the oppressor. The choice is yours. I made mine a long time ago.
The foundational principle of job analysis for the purpose of fixing salaries is that compensation is directly proportional to complexity. The more complex the job, the higher the compensation. Complexity itself is defined as ‘the cost of correcting a mistake’. The higher the cost of correcting a mistake, a bad judgment, the higher the salary for that job.
Complexity = High cost of correcting mistakes = Higher compensation With this in mind, let us ask, ‘Which job is more complex? Whose job is costlier to correct? That of the LDC/UDC or the Police constable /HC? Whose mistakes are more costly to correct? Someone who checks or rechecks a file, or someone whose wrong decision can precipitate a riot or result in someone being killed?’ Our argument is not about how much the IAS (Secretariat Staff) get paid. Our argument has to do with the Police, be it the constable or his superiors, all the way to the top. We believe and state that the scales of pay that have been suggested by the Honorable Pay Commission have no relation to the degree of complexity of the job. We believe that this violates the basic foundational principle of compensation assessment. More recently, the complexity of the policeman’s job in India has increased even more with the sharp increase in urban warfare, communal tensions, separatist movements (Assam), terrorism and Naxalism. Add to that cybercrime, industrial security and insurgency (Kashmir) and you have a mix the like of which does not exist anywhere else in the world. Needless to say, the job demands skills, dedication, integrity, judgment and patience of a very high order. On the one hand the policeman needs to be decisive and assertive enough, not to hesitate to take the tough call. On the other hand he/she has to simultaneously have the courage, forbearance and communication ability to diffuse a volatile situation without anyone getting hurt. Naturally the cost of correction of mistakes by someone in such a job is extremely high especially because in some cases the mistakes made are not reversible. In such a situation, being ‘first time right’ is critical. This requires a high level of integrity, education and understanding, impeccable and intense training and complete dedication to the job. Job is perhaps the wrong word to use in the case of the Police, whose work is really a covenant, more than a job. We define a ‘Covenant’ as follows: “The Covenant is your purpose of existence. It is the reason you walk the earth. It is the need you fulfill a promise made to the nation and to yourself. It is the gap you will leave behind if you cease to exist. It is what you will be remembered for. The Covenant generates a sense of loyalty and binds all those who share in it. It invokes a sense of pride and belonging that transcends generations and holds its believers to a code of conduct that defines them. A Covenant is lived by, bequeathed to successors and the reason they will cry when you die.” We don’t claim that salary is the only criterion that determines excellence. But it certainly is one of the primary hygiene factors that impact the heart and mind of the constable and the officer. Salary is not merely about making ends meet. It is an indicator of the worth that the job and by inference, the individual is held in, by its employer – in this case the GOI. The famous seminal research on motivation called the Hertzberg’s Theory of Motivation ranks salary as one of the most important hygiene factors that impact motivation. Without a salary that is fair and equitable the incumbent feels less worthy and therefore is more likely to engage in activities that are not unquestionable. It is for this reason that policemen and women in developed countries like the UK and the USA are paid salaries that are not merely favorably comparable with other Civil Services but with the regular salary market. Paying those whose responsibility it is to maintain law and order, fight crime and bring its perpetrators to book, instill confidence in the citizenry and in this pursuit, if required literally sacrifice their very lives, less than what we pay to a clerk working in an office is certainly not the best thing for the nation.