Monday, August 12, 2013

The Politics of Corruption

The Politics of Corruption

A lot has been said and written about Durga and how politicians have conspired to illegally suspend her and continue to make statements which not only undermines her as an officer but also the entire IAS and the bureaucracy. Why has there been such a response from our politicians? Most people say that if Durga was being a roadblock in illegal mining, why couldn’t they just transfer her? What was the need to suspend a young officer?
The answer that comes to one’s mind is that the stakes have become big. So big that the mafia can think of attacking and killing IPS and IAS officers. Only last year IPS officer Narendra Kumar was killed in Madhya Pradesh when he tried to stop illegal mining. A few days back Yunus Khan, an IAS officer and Durga’s batch mate was attacked. The clout and might of the mining mafia is no less than those indulging in organized crime. The role played by the mining mafia in states like Karnataka and Andhra Pradesh is well known.
Illegal mining is an easy source of funds that politicians need. There is a huge demand of sand for the booming construction sector. The laws and rules regarding auction of natural resources like sand are not very transparent. There are no correct estimates of the quantity and value of the sand available. The administration and police lack the men and equipment required to effectively control it and then there is nexus between mafia, politicians, police and administrative functionaries that allows the trade to thrive. Whenever a young officer gets to know of what’s going on, attempts are made to first buy him and then silence him normally through transfers and lately through suspensions and attacks.
So why are the politicians hand in glove with the criminals and the mafia? Obviously money plays a big role. And why do politicians need money. Greed is a major reason. But can they manage without money? From whatever I have seen and learnt about the business of being in politics, I would say it’s virtually impossible to survive with no money to splurge. A few days back a political leader in Maharashtra was quoted about the crores one needs to spend in Assembly and Parliament elections. There was a furor, but what was not said that the politician concerned was just being honest – about an open secret. Almost 80-90% constituencies in the country will have someone spending that kind of money. In many, there are 4-5 candidates who each spend almost 10 times what is allowed as per Election Commission guidelines. Even for Gram Panchayat elections, people spend a fortune.
And who are these people who spend so much. They are not in politics for the love of the country. Today, either you inherit politics and constituencies or you are there for want of any better option. Most professionals shun politics. We are not like the politicians of pre independence era – Gandhi, Nehru and Bose – who quit the best of their jobs and careers and joined politics for the love of freedom and the nation. So those who join today – join it as a vocation, as a profession, as a business. And it’s a business that requires heavy investments and time. Most politicians have 24X7 working hours. They have to be accessible and available all the time. And very often, they need to spend money for their supporters, who visit them in State and National capitals, stay with them, eat at their homes and even take money for their travel. One Minister had mentioned once that almost 50 people eat at his place regularly and his daily expenses runs into lakhs of rupees.
Then there are a lot of risks associated with the investments politicians make for elections. We don’t have primaries or real inner party democracy. So even to get tickets to contest election, one has to spend a lot of money – from lobbying for tickets to actually buying tickets by contributing to the party fund kitty. Even if one is able to get a ticket, and spend the crores required for the campaign, the chances of winning the elections is never more than 30-40% even for candidates of recognized parties. If you are lucky enough to win elections, it’s not necessary that the party you belong to forms the Government. Even if you are lucky to be a ruling party MLA or MP, the chances that you will get a berth in the Ministry are not guaranteed. If you are lucky to be a Minister, the only opportunity to recover the investments you make will be if you have a lucrative portfolio and you have a bureaucrat who is willing to play ball.
Thus the way risks are in built in a political investment, the minimum returns that one will try to seek, if given an opportunity will be around 10 times the investment to enable one to be in a position to contest next elections. Given this one is not surprised on the high rate of returns witnessed in the assets of most politicians as per the affidavits filed with Election Commission. Thus the kind of democracy we have has the element of corruption in built in it. It’s very difficult for politicians in power to avoid the temptations of making money. And to help them and guide them there are always businessmen, bureaucrats, lawyers and other middlemen readily available.
Another dimension of this which leads to favoritism and nepotism is the huge number of supporters a politician needs to manage his elections. Whether it’s for election campaigns or just being polling agents, politicians in any constituency have hundreds of supporters who have families to support and are always seeking jobs, contracts, gun licenses and favors for their friends and family. No politician worth his salt can say no to them. I remember an anecdote with a State minister who had told me that people only come to them for work that is beyond rules. And they can’t say no to them as they are seeking votes from the very same people.
Does this mean that there is no solution and we as a country are doomed forever and will continue to be plagued with corruption, nepotism and favoritism? The argument put forward by politicians as mentioned above is only partly true. Very often those in politics are happy to live with the present system as it ensures politics to be an old boys club – difficult for new entrants to break in. How then we make this happen? Most people will think of simplistic solutions like getting rid of politicians. But that is only wishful thinking. Politicians and Political parties do have a role to play in a democracy. We do need them. How do we cleanse them? How do we ensure that people with principles, ethics and morals join politics? How do we make it rewarding without having to adopt underhand techniques.
The solution for this will not come from heaven. It exists in our systems and laws. First and foremost we need to eliminate money power from elections as till the time, we spend crores for elections, it will be impossible to get out of the vicious circle of looting money and spending in elections. A lot has been done to monitor the expenses of candidates during elections by the Election Commission. However its general knowledge that most candidates violate the norms and get away with it. In order to make it effective, what can be done is to eliminate the possibilities of use of money by candidates and have state funding of elections. All candidates can be given the option of having 10 public meetings at locations of their choice. They can also deploy 10 campaign teams which will be provided with vehicles that could do a maximum of 200 kms a day. The expenses on these public meeting and campaigns will be borne by the Government and the candidates will themselves not be required to spend any amount.
In order to limit the number of candidates, each candidate can be required to have a security deposit of say Rs 10 lakhs which will be refunded if he gets 5% of the votes polled. This will discourage non serious candidates and keep the expenses in control. Also those candidates who poll less than 5% of votes polled will not be eligible to contest in the following two elections. Any candidate who incurs any expenses beyond this will be debarred from contesting in future and there could be penal provisions also. This would allow professionals and those who can be good politicians but do not have resources to join the fray. The numbers above are just indicative and once the principle is accepted, can be suitably modified depending on the size of the constituencies concerned.
Representation of People’s Act allows Political Parties to accept donations and only those donations which are more than Rs 20,000 need to be disclosed. This can be amended by requiring all parties to disclose contributions of all amounts so that every penny is accounted for, both in the books of the donors as well as the political parties. Details of assets and liabilities of all contesting candidates – both at the party level as well for the general elections needs to be made public. The expenses some of the political parties incur on their top leaders is phenomenal and there is no reason that citizens should not know of the same. The recent move to block the Chief Information Commissioner’s orders of applicability of Right to Information Act on political parties is a very regressive step.
Apart from money, the other factor that affects elections is the policy of inheriting constituencies that makes it virtually impossible for new candidates to break in. Representation of People’s Act 1951 needs to incorporate features that will make inner party democracy a must. At least two years before each general election, Election Commission needs to conduct inner party elections for political parties, like the primaries in the US that allows members of recognized parties to elect their candidates for the general elections. These should be done in the most transparent manner with limits on expenses and campaigns strictly monitored by the Commission. Thus the real elections will have serious candidates who actually represent the party rather than being imposed by one Supreme Leader or organization as is the norm in most of our political parties.
The other issue to tackle is criminals. Criminals of any kind, once convicted, should be barred from the electoral process of the parties as well as general elections. Any criminal case against elected legislators need to be finalized within a maximum period of 2 years and if the person is convicted he should lose his seat immediately. Again the move to thwart the recent Supreme Court orders on convicted politicians is evidence of the lack of political will to eliminate criminals from politics.
Another change that we need to have to encourage more people who aspire to join politics is to limit the number of terms to be a Chief Minister or Prime Minister to two. So any person can occupy these positions for a maximum of 10 years only.
The above if implemented can mean a lot for improving our electoral systems. There is a need to take these steps as that will enable us to have the best of people joining politics and will be like the Second Freedom movement that will truly help us aspire the dream enshrined in our Constitution of being a true republic.

Abhishek Singh
(Views are Personal)

Sunday, August 4, 2013

Nudging people for Organ donation

Nudging people for Organ donation


In the last few days, I am impressed with the campaign launched by Times of India to motivate people for Organ Donation. It is indeed a public cause with more than 200,000 people on the wait list for a kidney transplant and almost 100,000 for a liver transplant. These numbers may go up drastically if there was more awareness about the number of lives that could be saved with a timely transplant

The law presently allows organ donations from blood relatives. The real challenge is in getting consent of the next of the kin for brain dead patients who cannot be revived but their organs could save lives. Several issues are involved here which range from superstitions, religious, awareness as also having the medical facilities and surgeons capable of doing transplants.

One way many countries have addressed this issue is by using the Opt-In and Opt-Out options for giving consent to Organ donation. Opt In and Opt Out are the two main methods of determining voluntary consent for donors. Countries like Germany use the opt-in option, where you need to explicitly give your consent to be an organ donor, have low rates of organ donation consent. As against this, countries like Sweden, Austria and Spain, where the default option is to be an organ donor unless you explicitly opt out, have almost 100% consent rates of donation. Thus there is a simple way in which we can nudge people into being an organ donor. In most countries, this option is exercised when people fill in their forms for issue or renewal of driving licenses.

Richard Thaler, the celebrated author of the book Nudge, also concludes that Opt-In and Opt-Out options have a major impact on Organ donation consent rates. Another option to boost consent rates is mandating exercising choice. In United States, State of Illinois requires that people must indicate their choice. It’s not surprising that Illinois has a consent rate of 60% against the national average of 38%.

Given the high number of people on organ donation waitlist and the high rate of road accident fatalities we have in India, a simple nudge can make more people aware that they can save someone else’s life by getting an opportunity to give their consent. This can be done when people get their driving licenses or renew them. The default option can be that everyone is deemed to have given their consent to be an organ donor and in case they want to opt out, they would be required to fill another form. The same can be done while registering people under NPR of Aadhaar. This would help create a system that could create chances for saving lives by having organ donors amongst victims of road accidents.

However, such a policy is easier said that implemented. In our cultural context, there might be individuals and organizations who would claim that consent should imply informed consent. Just because people were lazy enough to fill another form or tick a box that said ‘I do not want to be an organ donor’, we must not presume their consent. Then there would be cases that would ultimately require consent of the kin also as in our country people still do not accept that brain dead people are dead as they have hopes of reviving anyone who is not completely dead. In order to overcome these issues, we will need an awareness drive by making people aware of the policy as the value it will have for saving lives. Once this message reaches more people, and more people are enrolled automatically on organ donor lists, everyone will have a greater chance of getting an organ, in case they ever needed. 

One can also follow the Singapore model where the Human Organ Transplant Act enrolls almost everyone above 21 years of age to be organ donors and those who don’t opt out also get a higher priority in receiving a deceased person’s organ if they ever needed such a transplant in future.
In United Kingdom too, the Nudge unit set up in the Prime Minister’s office is using insights from behavioral science to prompt more people in giving their consent for organ donation. This also seems logical as studies have shown that though more than 90% people desire to be organ donors, only about 29% people actually sign up to be a donor.

Thus there is an opportunity to be tapped. Nudge and behavioral sciences can help increase organ donation rates in India too and save precious lives.

Abhishek Singh

Morality and Legitimacy of India’s Interventions in East Pakistan & Sri Lanka

Posting the Research Paper that I wrote for my course on "The Politics and Ethics of use of Force at Harvard Kennedy School"

Morality and Legitimacy of India’s Interventions in East Pakistan & Sri Lanka 


Abstract
Humanitarian interventions have always been complex and controversial to analyze from the moral and legal point of view. Such interventions appear to be justified from the moral point of view but there are questions raised about the legality and the actual intent of the intervention. This paper seeks to address the legitimacy and morality of humanitarian interventions by states in the affairs of other states by examining two cases – that of India’s interventions in East Pakistan in 1971 and in Sri Lanka in 1987; and concludes that legitimacy and morality are complex issues as far as humanitarian interventions are concerned. A perfectly legitimate intervention might appear to be unjust and a not so legitimate intervention may prove to be a just example of humanitarian intervention. The Paper examines the circumstances that led to these two interventions. It uses various factors to determine whether the intervention was moral and whether it was legitimate? The paper also examines the role played by the big nations – United States, Russia (Soviet Union), United Kingdom, France and China in the two events. The paper will also examine the internal political situation in India, in particular the strength of determination of the leaders, during the two events that led to the key decisions of intervention.






Humanitarian Interventions and Moral dilemmas
Jennifer Welsh, in his book Humanitarian Intervention and International Relations defines humanitarian intervention as “coercive interference in the internal affairs of a state, involving the use of armed force, with the purposes of addressing massive human rights violations or preventing widespread human suffering.” Since this kind of intervention is in direct confrontation with sovereignty of a State, it has been a topic for moral reflection for many centuries. Historically, interventionism has been justified by referring to religious obligations mentioned in the Biblical texts in Medieval Europe or Hindu teachings, as mentioned in Bhagavad-Gita in ancient India. However, more recently, humanitarian intervention revolves around the concept of universal human rights.
The number of humanitarian interventions has increased post the cold war and very often it has been used to justify military actions that have been undertaken for a different set of reasons. There have been varied reasons to justify the interventions ranging from Somalia, Haiti, Kosovo, Afghanistan and Iraq. A moral “right” or even duty to intervene in other sovereign countries to prevent violations of human rights is increasingly gaining acceptance in the international community, and as a result such a right is being invoked with increased frequency. It does seem to be moral and virtuous to be able to protect human rights for all individuals, even those living outside one's own country. At the same time, this concept does pose real threats to international peace and stability. It impinges upon the principle of inviolable state sovereignty.


Humanitarian Interventions – How Legitimate and How Moral?
Realists have pointed out that the idea of legitimate humanitarian intervention has the potential of opening the way for military interventions for selfish objectives, justified by the pretense of humanitarianism.  Perceptions of right and wrong are always subjective and there are hardly any objective standards to judge the morality of actions in the international sphere. The concept of legitimate humanitarian intervention makes states get worried about interventions from other states, undertaken on selfish grounds but justified on the basis of “acceptable” humanitarian arguments.
The concept of humanitarian intervention is not as morally straightforward as it might appear at first sight. It is a principle that introduces many moral dilemmas. If humanitarian intervention is indeed morally legitimate, as general opinion, might indicate, the question that arises is who is entitled to intervene, and what means can legitimately be used? There is also the question of pre-emption: it would logically seem more moral to intervene before human rights abuses occur, to prevent them, than to intervene after the fact. But can one ever be certain enough about an impending disaster to justify such pre-emption?
Thus there are multiple issues related to humanitarian interventions. The biggest dilemma is of course about legitimacy and morality. The very idea that such interventions are morally just has potentially far-reaching consequences. Today, the accepted norm is that safeguarding of human rights for all people has preference over sovereignty of oppressive regimes. Though it appears to be logical it has ramifications for security and stability of nations.  It has the potential for manipulation by big powers of using acceptable humanitarian arguments to justify the pursuit of selfish objectives. This can render the entire concept of a “right” to humanitarian intervention immoral.
Legitimacy and morality of humanitarian interventions have different connotations.  Legitimacy has two dimensions – one is the concept of legality or lawfulness of whether an action is authorized by law. The other aspect of legitimacy is whether it is in accordance with established or accepted patterns and standards. The legitimacy of a humanitarian intervention can be understood as the way in which the intervention is perceived by the general public. The issues pertaining to legitimacy are different from those relating to morality of an intervention. Another very important factor that determines the legitimacy of any intervention or war is its outcome. Outcome of these interventions is measured in terms of proportionality. The harm caused by the intervention itself should be lesser compared to the human rights violations it seeks to address. The long-term outcome of an intervention determines the legitimacy of the action to a great extent. Propaganda and media hype also play a major role in determining the legitimacy of an intervention. When there is lot of talk of war, the underlying moral questions get lost. Thus legitimacy of an intervention is different from the moral assessment of the intervention. A moral assessment is an analysis of an action based solely on moral criteria. Thus a moral assessment can be a factor in determining legitimacy, but interventions that are only moral, and do not conform to the other requirements of a legitimate action, will not be called legitimate actions. Media or public opinion, on the other hand, plays little or no role in determining the outcome of a moral assessment. On the basis of this kind of analysis, Bo Christoffer Brekke, in his thesis titled Humanitarian Intervention and Just War, concludes that there can be such a thing as a morally just but (as publicly or legally perceived) illegitimate intervention and indeed also such a thing as a morally unjust but (as publicly or legally perceived) legitimate intervention. Furthermore, the degree of military success in itself does not affect the morality of an intervention. However, factors directly affecting the military success, such as the degree of planning and means used can also directly affect an intervention’s moral stature. Studies of the legitimacy of specific humanitarian interventions are thus different in character from studies of the morality of such interventions. While the former might be able to say something about the conditions under which interventions are acceptable to the general public, the latter can give a deeper insight into the moral stature of humanitarian interventions in general, and the conditions under which interventions can be considered morally acceptable or unacceptable on a more fundamental basis.
In this paper, two cases studies are analyzed – 1) India’s Intervention in East Pakistan in 1971, which though was without the authorization of the Security Council, yet proved to be morally just and legitimate and 2) India’s intervention in Sri Lanka which followed an International agreement, but is generally regarded to be morally unjust.



1971, India’s intervention in East Pakistan: Birth of Bangladesh
India’s intervention in 1971 in East Pakistan was unique and remarkable as it was for the first time, after the Second World War, a military intervention by one country into another had led to the formation of a new country. As per the account of the events by BBC , civil war had erupted in Pakistan after East Pakistan demanded autonomy and later independence. The West Pakistan army fought against the East Pakistanis leading to atrocities and killings. This resulted in almost 10 million East Pakistanis to flee to India. In December 1971, India invaded East Pakistan and in a swift 13 day war, almost 90000 soldiers of Pakistani Army surrendered to India. On 16th December 1971, East Pakistan became the independent country of Bangladesh.
The 1971 war in East Pakistan is one of the few wars that is regarded as a just war. However, it is interesting to see that this war was initiated as a humanitarian intervention but became a full-fledged war when the defense of India was threatened by attacks from West Pakistan.
Background
In order to fully appreciate this war, it is necessary to examine the history of the region. The Indian Subcontinent was partitioned between two nations – India and Pakistan, in 1947 when the British left. India became an independent nation on 15th August 1947 as a democratic and secular republic in which all people enjoyed right to equality and freedom without any discrimination. Pakistan came into existence a day earlier, on the premise that Hindus and Muslims are two different nationalities and cannot coexist. The Muslim majority provinces of undivided India formed Pakistan and it had two distinct, geographically unconnected units of East Pakistan and West Pakistan. West Pakistan was made up of a number of races including the Punjabis (the most numerous), Sindhis, Pathans, Balochis, Mohajirs (Muslim refugees from India) and others. East Pakistan, on the other hand, was much more homogeneous and had an overwhelming Bengali-speaking population.
The key reason for discord between East Pakistan and West Pakistan was that East Pakistan was more populous but the political power had traditionally remained with West Pakistan resulting in considerable discontent and resentment in people of East Pakistan. Sheikh Mujibur Rehman, a charismatic leader of East Pakistan and his party Awami League demanded more autonomy for East Pakistan. In the 1970 elections, Sheikh’s party got a majority. The Awami League won 165 of the 167 national assembly seats reserved for East Pakistan. The two other seats were won by independents. The PPP won 81 of the seats in West Pakistan to become the leading force there. On a national level, the Awami League was also the single largest party in the 313-seat parliament. Thus Sheikh Mujibur should have become the Prime Minister of Pakistan but General Yahya Khan, who had appointed himself the President in 1969 would not let go of power easily. He along with General Tikka Khan decided to take action against the East Pakistanis. On 25th March 1971, a major crackdown was ordered which led to killings of thousands of people and arrest of Sheikh Mujibur. There was rebellion in the Army too as many Bengali soldiers and officers decided to support the rebels. The Pakistani army launched Operation Searchlight with the aim of crushing the Bengali nationalist movement by taking control of the major cities and then eliminating all opposition, political or military, within a month. In the crackdown that followed, there was massive loss of civilian life and the killing of defenseless persons was called Genocide by an article by Anthony Mascarenhas in the UK’s Sunday Times that exposed the brutality of Pakistan’s suppression of the uprising in East Pakistan. The article detailed how university students and professors were lined up and executed. It also detailed the selective killings of the leaders of Awami league and members of intelligentsia. The number of people killed ranged between 500,000 to a million. It also led to an influx of almost 10 million refugees in India. This was turning out to be a huge humanitarian crisis.
According to the report of the International Commission of Jurists:
“The principal features of this ruthless oppression were the indiscriminate killing of civilians, including women and children and the poorest and weakest members of the community; the attempt to exterminate or drive out of the country a large part of the Hindu population; the arrest, torture and killing of Awami league activists, students, professional and businessmen and other potential leaders…; the raping of women; the destruction of villages and towns; and the looting of property. All this was done on a scale which is difficult to comprehend”.
India made repeated appeals to the international community for intervention but there was no response. India’s Prime Minister Indira Gandhi felt that the only solution was in helping the Bengali freedom fighters, especially the Mukti Bahini, to liberate East Pakistan, which had already been re-christened as Bangladesh by its people. The morale of Mukti Bahini was boosted with the possibilities of support from Indian forces. However, India was finding it difficult to intervene only on the humanitarian cause as there was very little support for it, especially from the US.
General Yahya Khan feared that India’s entry would mean sure shot defeat. In one of the most miscalculated moves, he launched preemptive strikes on Indian air force bases on 3rd December with an objective of neutralizing Indian Air Force. However, India had anticipated this and this attack amounted to an open act of unprovoked aggression which gave India’s the right to intervene in self - defense.
Pakistan made urgent appeals to the United Nations to intervene and force India to agree to a ceasefire. The UN Security Council met on 4 December 1971 to discuss the situation. After lengthy discussions, on 7 December, the United States put forward a resolution for an "immediate ceasefire and withdrawal of troops". Russia vetoed the resolution twice. Britain and France abstained, primarily on account of the atrocities committed by Pakistani army.
The Pakistani forces in East Pakistan were outnumbered by Indian army and fighters of Mukti Vahini. Some Military historians feel that the probable strategy of Pakistan was to focus on India’s West and capture as much territory as possible since defeat in East was certain before a UN mandated ceasefire will establish status quo. The Indian army quickly overran the country and the Pakistanis surrendered on 16 December 1971, the largest surrender since the Second World War. Bangladesh sought admission to the UN with most voting in its favour, but China vetoed this as Pakistan was its key ally, as was the United States, which was one of the last nations to accord Bangladesh recognition.


The geopolitical stage
The response of various world leaders and nations was very interesting. US President Richard Nixon regarded the rebellion in East Pakistan as an internal matter of Pakistan and claimed that he would not get involved. However, his administration gave political and material support to General Yahya Khan. Nixon and his national security advisor Henry Kissinger feared the expansion of Russian influence in South Asia as Russia was an ally of India. US administration felt that an Indian invasion of West Pakistan would undermine the global position of the US. Nixon was also negotiating a rapprochement with China and felt that an Indian invasion would undermine the regional position of China also. Nixon also had planned to visit China in February 1972. US send military supplies to Pakistan by routing through Iran and Jordan which was in violation of the sanctions imposed by US Congress on Pakistan. China was in any way supplying arms to Pakistan.
This act of the Nixon administration of ignoring the reports it received of the atrocities and genocide being committed by the Pakistani army in East Pakistan was most notably documented in the infamous ‘Blood telegram’ sent by US diplomat, Archer Blood, on 6 April 1971 that highlighted the atrocities during the liberation war. In the dissent telegram, Blood accused the Nixon administration of being "morally bankrupt". The 'Blood Telegram' marked the first time a whole U.S mission had dissented from their own government.
The declassification of documents of the 1971 war between India and Pakistan have also established the fact of the absolute tilt of US President Nixon and Kissinger against India. There is a very interesting story of the private breakfast meeting of Henry Kissinger with Indira Gandhi in July 1971, in which Mrs. Gandhi had asked Chief of Indian Army, General Manekshaw to attend in uniform.
At that meeting Mrs. Indira Gandhi was persistent in asking Kissinger that US should restrain Pakistan from doing what was being done in East Pakistan. Kissinger, however, went on prevaricating and would not really give a straight answer. After repeated requests, Mrs. Gandhi was quite rattled and she stood up and pointing towards the General (who was in full military uniform) told Kissinger that “if the US Government and US President cannot control the situation then I am going to ask him (meaning the General) to do the same”.
Soviet Union (Russia) supported the Indian army and Mukti Bahini during the war. For them, the independence of Bangladesh would weaken the position of its global and regional rivals. The Indo-Soviet friendship treaty was signed in August 1971 which gave India assurances that, if a confrontation with the US or China developed, Russia would take countermeasures in favour of India.
With the defeat of Pakistan almost certain, Nixon sent the aircraft carrier, USS Enterprise, to the Bay of Bengal on 11th December 1971. This led to escalation of nuclear tensions in the region. In response, the Russian navy dispatched two groups of ships, armed with nuclear missiles, from Vladivostok on 13th December 1971.
At the end of the war, the Warsaw Pact countries of Central and Eastern Europe were among the first to recognize Bangladesh. Soviet Union accorded recognition to Bangladesh on 25 January 1972. The United States eventually did so in April. On 2 July 1972, the Shimla accord was signed between India and Pakistan, with the objective of normalizing relations between India and Pakistan, including the return of Pakistani prisoners of war. Pakistan officially recognized Bangladesh in 1974.
Was it a Humanitarian Intervention?
India’s intervention in East Pakistan leading to the creation of Bangladesh is regarded as a legitimate humanitarian intervention when viewed from the legal conditions required for a valid humanitarian intervention. The intervention was unilateral as the same was not authorized by Security Council. India’s act provided assistance to the people of East Pakistan who were engaged in a struggle for their right to self-determination. The intervention helped end the ongoing genocide which was severe, flagrant and widespread. The intervention did get considerable International support and The Security Council Resolution 307 adopted after the fall of Dacca did not condemn India as an aggressor or even imply such condemnation. The Resolution called for ‘respect of cessation of hostilities’ and ‘withdrawal of troops as soon as possible.
In view of the above, and because similar situations are emerging the world over, it is interesting to look at what constitutes a Humanitarian intervention. As we know Humanitarian intervention is a controversial subject in international law as it is not provided for in the UN Charter. As per the UN, any use of force must be authorized by the Security Council or should be in cases of self-defense only. In the case of Bangladesh, India was prepared for making a humanitarian intervention without meeting these two criteria; however, it was helped by the act of aggression of Pakistan making the intervention a just act of war.
Holzgrefe defines Humanitarian Intervention as “the use of force across state borders by a state (or group of states) aimed at preventing or ending widespread and grave violations of the fundamental human rights of individuals other than its own citizens, without the permission of the government of the state within whose territory, force is applied.”
As per the definition given by Holzgrefe, the intervention by India in East Pakistan will qualify to be a humanitarian intervention as it was primarily to stop the genocide and atrocities being perpetrated by the Pakistani army against the civilians in East Pakistan.
Teson, in his book, Humanitarian Intervention: An Inquiry into Law and Morality  defines humanitarian intervention as “Proportionate help, including forcible help provided by governments (individually or in alliances) to individuals in another state who are victims of severe tyranny… or anarchy”
As per this definition also, the intervention by India in extending support to Mukti Vahini, which represented the people of East Pakistan, subjected to oppression and torture by the Pakistani Army, qualified as just and legitimate humanitarian intervention. The use of force by India was proportional as the intent was not to capture territory but to ensure stopping of the genocide and atrocities.
The legal basis of humanitarian interventions is also recognized by Classical International Law. Hugo Grotius, the famous Dutch jurist who laid down the foundations of international law based on natural law regarded humanitarian intervention as one of the just causes of war. As per him:
“the fact must also be recognized that kings and those who possess rights equal to those of kings, have the right of demanding punishments not only on account of injuries committed against themselves or their subjects, but also on account of injuries which do not directly affect them but excessively violate the law of nature or of nations in regard to any persons whatsoever.”
Thus as per the doctrine of Grotius, India was justified in undertaking war on behalf of the citizens of East Pakistan in order to protect them from the oppression and tyranny as the actions of Pakistani army did violate the laws of nature in inflicting excessive harm to citizens of East Pakistan and violating their human rights.
Even John Stuart Mill, who stoutly defended the doctrine of nonintervention, still recognized certain exceptions which included interventions to assist victims of authoritarian and tyrannous governments.
Thus there has been a case of humanitarian interventions regarded as legitimate and just interventions. This position was summarized beautifully by Oppenheim as:
“there is a general agreement that, by virtue of its personal and territorial supremacy, a state can treat its own nationals according to discretion. But there is a substantial body of opinion and of practice in support of the view that there are limits to that discretion and that when a state renders itself guilty of cruelties and persecution of its nationals in such a way as to deny their fundamental human rights and to shock the conscience of mankind, intervention in the interest of humanity is legally permissible..”
Simon Chesterman also was of a similar opinion and in his book, Just War or Just Peace,  analyses the issue of whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but he argues that such a right exists as an exception to this rule. As per him the right to humanitarian intervention exists in parallel with the UN Charter.
Thus it is established that humanitarian intervention was considered legal as per the classical international law before the UN Charter came in force. Thus there is no dispute to the fact that India’s intervention in East Pakistan was ethical, legitimate and justified. In India’s case the prime reason was the influx of refugees affecting the demographics of key Indian states.



India’s intervention in Sri Lanka in 1987
While India’s intervention in East Pakistan was fully legitimate and a resounding success resulting in creation of Bangladesh as an independent nation, 16 years later, India had to intervene in another neighboring nation, Sri Lanka, albeit at the invitation of the Sri Lankan Government, but this intervention turned out to be much different than what was planned. The intervention in Sri Lanka followed the Indo Sri Lanka Accord of 1987 signed between the Indian Prime Minister Rajiv Gandhi and Sri Lankan President Jayewardene.  Accordingly, the Indian Peace Keeping Forces (IPKF) were initially deployed to ensure implementation of the Accord and were more for maintaining Peace. However, very soon, Indian forces got embroiled in counter insurgency operations against the Liberation Tigers of Tamil Eelam (LTTE), the Tamil separatist forces, for which the forces were not prepared.
At the same time there was opposition within Sri Lanka on the continued Indian presence leading to Sri Lankan government, led by President Ranasinghe Premadasa, asking India to quit the Island. It is also alleged that Sri Lanka entered into a secret deal with the LTTE that resulted in a ceasefire. LTTE and IPKF continued to have hostilities. T D S A Dissanayake in his book, War or Peace in Sri Lanka, claims that the Sri Lankan government even armed the rebels in order to make the Indian forces leave. With rising casualties of IPKF personnel, there was an increased demand for withdrawal of the forces from both within India and Sri Lanka. After the Indian parliamentary elections in 1989, the new government led by Prime Minister V P Singh ordered the withdrawal of the forces and by March 1990, all Indian forces had left Sri Lanka.
The IPKF adventure proved to be a tactful mistake on part of India as it led to not only the killing of thousands of Indian soldiers but also resulted in the assassination of Rajiv Gandhi in May 1991 by LTTE cadres. It led to the end of the support provided by Indian Government to LTTE and initiated increased cooperation with Sri Lankan government to defeat the Tamil Tigers.
The question that arises is whether the intervention by Indian forces was just and ethical? It would not qualify as a humanitarian intervention as it was following an agreement with the Sri Lankan government and the objective was not to end genocide or oppression of a group of people or community.

Background
The genesis of the problem lies in the attack by the Liberation Tigers of Tamil Eelam (LTTE), in July 1983 that resulted in a strong backlash against Sri Lankan Tamils by the
Sinhalese - dominated Sri Lankan state. These events referred to as Black July, marked the beginning of full-scale ethnic conflict that would impact the island nation for a long time. Given the large Tamil population in India and the close ties of certain political parties with the LTTE, India had a stake in the Sri Lankan strife.
S D Muni in his book Pangs of Proximity identifies two main factors that led to India’s involvement in Sri Lanka. As per him the main factor was Sri Lanka’s effective engagement of countries inimical to India’s security interests and pushing for a military solution to crush the rebels. The second factor was a demand by India’s own Tamil population to act on behalf of the Sri Lankan Tamils. India had around 50 million Tamil population that time and India’s Prime Minister Indira Gandhi, could not have avoided getting involved in the matter as a regional power and close neighbor.
The strategy adopted by India was a multi- pronged one. On one hand it encouraged talks between the Sri Lankan government and Tamil leadership (with TULF – Tamil United Liberation Front and not LTTE), resulting in proposals for the devolution of power - a key demand of the moderate Tamils. At the same time, India voiced strong concern and sympathy for the sufferings of Sri Lankan Tamils. This led to a perception in the Sinhalese Sri Lankans that India was prejudiced against the Sri Lankan state.
Several political parties of Tamilnadu, the southern Indian state with Tamil population were sympathetic to the LTTE and Chief Ministers like M G Ramachandran and Karunanidhi allowed setting up of training camps for LTTE cadres.  During the same period, it has been alleged that India’s external intelligence agency, the Research and Analysis Wing (RAW), began supplying Tamil militant groups with military training, cash, and arms in an attempt to draw them under India’s influence and to use that influence as leverage against the Sri Lankan state.
After the assassination of Indira Gandhi, Rajiv Gandhi took over as the Prime Minister of India and this marked a shift in India’s policy. The new policy was more aligned to Sri Lankan priorities and supported political talks and devolution of power after cessation of violence. Indian Navy started patrolling the Palk Straits along with the Sri Lankan navy and came in direct conflict with the Tamil rebels. This failed to resolve the ethnic crisis and Sri Lanka also didn’t take any action for granting political autonomy to Tamil regions. After failed talks in Thimpu in 1985, Sri Lankan government launched a military offensive against the Tamil militants by targeting Jaffna Peninsula leading to a Humanitarian crisis.

Operation Poomalai – India’s humanitarian intervention
In wake of the humanitarian crisis facing Jaffna, India decided to intervene and sent relief supplies by boat which Sri Lanka turned away. This made India to launch Operation Poomalai – dropping “bread bombs” as relief packages in Jaffna by Indian Air Force planes. This humanitarian intervention was criticized by many as it impinged on Sri Lanka’s sovereignty. India claimed that it was with the objective of limiting Tamil suffering at the hands of the Sri Lankan government. This humanitarian intervention led to India getting a bigger role in resolving the ethnic crisis in Sri Lanka. This led to Sri Lankan President J. R. Jayewardene, to initiate talks with Rajiv Gandhi, resulting in the signing of the Indo-Sri Lankan Accord on 29 July 1987. It was not clear if LTTE was in favor of the Accord. Under the terms of the Accord, the Sri Lankan government agreed to make constitutional changes for devolving powers which was the key demand of the moderate Tamils. In return, India was to ensure arms-collection from the rebel groups. India’s role primarily became that of a guarantor of peace. The LTTE however, laid down arms only briefly and launched attacks again. The IPKF had to confront the LTTE rebels and very soon Indian forces, originally sent for peace keeping operations got involved in major military operations against LTTE. This led to heavy casualties of Indian soldiers. All this resulted in resentment and mistrust on all sides – India, Sri Lanka and LTTE. Ultimately with change of power in both countries, IPKF was forced to withdraw from Sri Lanka.
Conclusions
The intervention by India in Sri Lanka proved to be a failure as against that in East Pakistan primarily because it did not meet the test of legitimate humanitarian interventions. The dilemma is that the East Pakistan intervention was without the authorization of the Security Council whereas the one in Sri Lanka was a consequence of an International agreement. Thus Sri Lanka seems to be theoretically more legitimate and just as compared to East Pakistan. The practical perception is exactly opposite. The Sri Lankan episode is regarded to be unethical and unjustified wherein Indian forced ended up fighting the very Tamils whom they had sought to protect initially. It was such a disaster that analysts regard this episode as India’s Vietnam. Thus we find that a perfectly legal intervention, like the one in Sri Lanka may appear to be unjust and illegitimate while a not so legitimate intervention, like the one in East Pakistan may become one of the classic examples of Just and Legitimate interventions.



Friday, August 2, 2013

For my beloved...Shilpi...


Most of my friends are aware of the tragedy, me and my family have undergone recently...but some of my e friends are not. So I thought of sharing this with all readers...I had written this in May 2013 in a very traumatized mental state...This was also published in the graduation issue of The Citizen - the Student newspaper of Harvard Kennedy School at

http://www.thehkscitizen.com/2013/05/30/in-loving-memory/

Here is what I wrote...

For my beloved Shilpi – You shall for ever live in our hearts! (Sep 4th 1973 – May 8th 2013)
                I still remember the Saturday morning of 9th May 1998 when I first met you and realized that we are made for each other. As we would often talk, somehow that day and the following days, weeks and months it felt that we had known each other forever.  When we got married in July that year, we took vows to be with each other for not only this life but for all lives to come.
Only now that I realize that being with each other has a larger meaning. Physically we could be together only for 15 years, but you would remain in our hearts and minds forever. Till today, neither me, nor Khushi, my daughter and Kartkeya, my son, feel that it’s all a bad dream and you are with us and will be there with us soon, physically also.
I just don’t have words to say of what you meant to us. You were such a pivot in our lives that we can hardly imagine life without you. I admire your grit and strength of having braved this dreaded disease for the last three years and doing everything to make our lives comfortable till the very end. I feel guilty of having failed you, as I had promised that I will not let anything happen to you. I was scared of facing Khushi and Kartikeya on that unfortunate Wednesday evening of 8th May but was surprised when Khushi told me to be brave and strong and told me that ‘She would cry, if I would’! I knew instantly, that it was not her, but you, speaking…..It’s all because of you that I have such lovely kids….
I know Gods and Doctors can fail you…but you will be with us forever….I remember how you managed everything in the past year…even with weekly hospital visits and two surgeries….Without your strength, support and help, I wouldn’t have been able to do my courses at Harvard….You went through so much..yet your determination of not disrupting normal life and letting kids enjoy regular shopping trips and outings was unbelievable…I must admit that we were able to lead such normal lives that many of my classmates and friends did not actually know the seriousness of your ailment till quite late…
Me, Khushi and Kartikeya will forever cherish the times that we have had, the jokes that we shared, the problems we faced, the smile that you always had and the lessons that you gave us…You will forever live…with us..in our minds..and hearts….
Keep Smiling….I love you my sweetheart and will continue loving you forever…………….

Yours Forever…

Abhishek