The Conference titled “Unfolding instability in Kashmir-A blind spot in regional security” organized by a leading British defence think tank- Royal United Services International (RUSI) at London on Monday was attended by prominent personalities, including former Army Chief General Jahangir Karamat, John Cushnahan, leader of European Parliament delegation to Kashmir, Proffesor Kamal Mitra Chenoy of New Delhi Jawaharlal Nehru University, former Senator Shafqat Mahmood, former Ambassador Arif Kamal, Professor Sumantra Bose of London School of Economics, Professor Richard Bonney, Chairman Public Policy Research Institute and Professor Nazir Ahmad Shawl, Director, Kashmir Centre, London.

General Jehangir Karamat, Pakistan’s former Chairman of the Joint Chief of Staff Committee, urged that the Kashmir dispute must be resolved in accordance with the wishes of Kashmiri people to obtain sustainable regional stability which has huge and positive ramifications for the regional and global order.

Karamat noted that almost all South Asian countries were awash with internal social and security problems but he singled out the situation of Afghanistan, where the US and NATO are engaged in a costly war, as the magnet for extremists elements who thrive on mismanagement, instability and terrorism.

He said although Pakistan was doing its best to help stabilise the region by acting as the frontline state in the ‘war on terror’ but the terrorism from Afghanistan had spilled over into Pakistan and was posing challenge to Pakistani writ in its once settled and peaceful areas. “Afghanistan is the main theatre in the war on terror and the country lacks capacity to deal with the threat of al-Qaeda and Taliban.”

He said the situation, which has ramifications for the US-Pak relations, was becoming ever more dangerous and it needed to be solved as a matter of urgency, taking into account the basis of the conflict and its extensions.

He said the composite dialogue process and engagement of arch rivals Pakistan and Indian had yielded many positive results and helped stabilize the long-running borders between the two countries but he said the potential for a deadly conflict was always alive in the absence of a bilateral agreement not to use nuclear weapons against each other in the face of a conflict.

He said that military thinking that a military solution through a limited war can be achieved was also very dangerous for the region and had the potential to ignite the conflict anytime.

He said the whole problem between India and Pakistan and the resultant regional security dimension had everything to do with the Kashmir issue and that was the reason why the old-mindset needs a re-thinking in the context of new and emerging global and regional realities.

About the on-going sham elections in Jammu and Kashmir, General Karamat told the audience India had held elections many times over but it has not been able to end the dissatisfaction and alienation of Kashmiris and the indigenous movement of Kashmiris for right of self-determination has strengthened with the passage of time.

General Karamat said India and Pakistan, if they will to, can find a solution of Kashmir dispute in Ireland’s Good Friday Agreement but he said unequivocally that in any solution of the issue, Kashmiri people should have the central role in order to determine their over 6o-year-old disputed fate.

He said the normalization of relations between the two countries, opening of road and trade links and various other measures in this regard had transformed the hard-pressed lives of many Kashmiris across the disputed border and such channels shall remain open.

He suggested that demilitarization along the Kashmir border could lead to massive positive consequences and it would help both countries to concentrate on investing in their people.

“The urgency for both countries now is to find a common solution to the problems of terrorism by settling the important bilateral issues such as Kashmir as it would lead both countries to cooperate, rather than confront and would contribute massively to the region, ” he added.

John Cushnahan former MEP and leader of European Parliament delegation to Kashmir welcomed the confidence building measures between Pakistan and India, but noted its slow pace and said these discussions are far removed from a process of engaging in serious dialogue about the core issue at the heart of Indo-Pakistan relations.

“If political stability is to be established in Kashmir and its wider hinterland there has to be an acceptance that an exclusively bilateral process which fails to acknowledge the regional and international dimensions of the long running problem, is doomed to failure,” said Cushnahan.

He observed that past attempts to make progress have failed due, not only to domestic constraints on the part of both India and Pakistan but additional because of the exclusion of Kashmiri representatives from negotiations. “No permanent progress is possible without their inclusion,” he added.

The former European parliamentarian blamed the attitude of Indian Government and said if India continues to resist offer of international facilitation for peacemaking by bona fide third parties it leaves itself open to charge that it rejects genuine peace-making and has no wish to settle the Kashmir issue.

According to him a solution will have to embrace the strategic interests of both India and Pakistan while at the same time take full account of Kashmiri aspirations. “This will necessitate a re-ordering of priorities and preferred options. Ultimately progress will depend on political leadership and willingness to compromise,” he said.

Professor Chenoy in his balanced presentation said the Indian government had forced Kashmiris to demand freedom after taking away their state powers and resorting to short sighted approach.

The Indian Government policies have led to the alienation of the people of Kashmir and the recent violence in the Valley clearly showed their frustration against the Indian rule. He spoke of massive human right abuses by the troopers and said thousands of young men have disappeared and their wives turned into ‘half widows’ because the fate of their husband remains unknown to this day.

The Professor described the uprising in Kashmir Valley as purely indigenous while claiming that it had the moral support of Pakistan. Lashing out at the right-wing groups, he said India’s civil society felt ashamed about mass human rights violations against minority communities.

He said the Indian civil society understood the alienation faced by Kashmiri youth as in other parts of India Muslims are, in some cases, more excluded and separated than the Dalits and other low castes. Like other speakers, Professor Chenoy said Kashmiris must be made part of any dialogue between India and Pakistan. The veteran civil society activist said Kashmiris were hostage to the respective nationalism of Pakistan and India.

Former Federal Minister Shafqat Mahmood said people of Pakistan desire to live in harmony with India but agree that there could be no lasting peace without the settlement of Kashmir issue.

He was critical of the attitude of the Indian Government and its establishment over its failure to resolve ‘doable’ issues like Siachen and Sir Creek. Mahmood said even the out of box solution presented by the former President Pervez Musharraf on Kashmir never evoked positive response from the Indian Government.

Professor Bose noted deep sense of alienation among the people of Kashmir over the denial of their rights and subjugation by the troopers deployed in Jammu and Kashmir. The Professor also observed that elections in the Jammu and Kashmir were no substitute for permanent solution.

Arif Kamal in his presentations gave a genesis of the latest upsurge and pleaded that Kashmiris reject the status quo and urge the international community to redeem their right to self determination.

He pleaded for a sustainable dialogue on the principle of inclusiveness. Kashmiris should have a role in the ultimate solution and their presence in the dialogue is basic requirement.

Professor Nazir Shawl said the India – Pakistan engagement was widely welcomed not only by the international community but also by the people of Jammu and Kashmir; and the world at large hoped the engagement would lead to some form of cooperative development for peace with a democratic future for all concerned.

The prospect of a UN envoy for facilitating a solution of Kashmir has been welcomed by Kashmiris across the political spectrum, he said. Professor Richard Bonney said the Kashmir conflict can never be solved by military repression. On the contrary it is likely that it will be exacerbated by continuing military repression which denies the legitimacy of any political action for the right of self determination of the Kashmiri people as a whole.

He further said a return to rationality, I hope, is what we may expect from the new Obama administration provided, that is, he succeeds in keeping his own neo-conservatives in check.

Former BBC correspondent in Pakistan Owen Bennett-Jones, writer and commentator Victoria Schofield, senior fellow for South Asia at the International Institute for Strategic Studies Rahul Roy Chaudhry and Alexander Neill, head of Asia Security Programme at RUSI, acted as the moderators during the different sessions.-SANA

“The declaration recognizes that access to sanitation and safe drinking water as a basic right, and accords national priority to sanitation It confirms commitment to achieving National and the Millennium Development Goals (MDGs) on Sanitation in a time-bound manner in all participating countries of South Asia. It also asserts that achieving total and sustainable sanitation in all rural and urban communities in the member countries is not only possible but also is a cherished goal reiterated in SACOSAN-I at Dhaka (2003) and SACOSAN-II at Islamabad (2006).

“The declaration reiterates member’s commitment to the following key principles and specific actions that need to be implemented at household, local, sub-national and national levels to accelerate performance and rapidly achieve sanitation goals:

“Ensuring that the present and future generations enjoy a healthy environment, with clean air, soil and fresh water resources; Achieving sanitation for all will be an inclusive process, involving all stakeholders at all stages, especially local governments, community and grassroots groups; Sanitation will not be considered merely an infrastructure or financing challenge, but one that requires effective policy, institutional and fiscal incentives to change behavior, working in partnership with religious leaders, communities, institutions (e.g. schools etc.), local governments and service providers; and strengthening their capacities and accountability in mobilizing, implementation and monitoring; Promote thinking of sanitation as the full cycle of proper arrangements, safe conveyance and sanitary disposal/re-use of liquid and solid wastes (including solutions that do not adversely impact the quality of land and water resources), and associated hygiene behavior; A range of sanitation provision and service options will be available to choose from.

Basic access to sanitation facilities will be ensured to all by reducing disparities through appropriate budgetary policies, with active participation, contribution, decision-making and ownership by communities; Incentives and support will be provided for the poor and people in vulnerable areas; The needs and concerns of women and most vulnerable (e.g. infants, children especially girl-children, the differently-abled, the elderly) will be addressed as a priority.

Innovative mechanisms e.g. micro-finance by Self Help Groups, will be effectively promoted; Socially and economically disadvantaged households will be mobilized to form groups; and supported to access sanitation and other development programs; The special sanitation needs of women (e.g. menstrual hygiene management) will be integrated in planning, implementation, monitoring and measurement of program outcomes.

The key role of women in managing sanitation and hygiene in community settings will be enhanced; Greater thrust will be placed on promoting adequate sanitation in schools e.g. separate facilities for boys and girls, supported by safe drinking water and with adequate child-friendly facilities. Hygiene education will be incorporated into the school curricula.

To promote good hygiene behavior and upkeep of facilities; Collaboration between countries will be strengthened to develop capacities, sharing of best practices, and to promote mechanisms for independent monitoring; Behavior Change Communication and information sharing will be effectively utilized for creating demand for clean and healthy environment, and for promoting good hygiene behavior; in partnership with Media and using Information and Communication Technologies; Sanitation and hygiene needs to be integrated into health, education and other related policies, and regulations effectively enforced; Technologies (e.g. which require less water and/or no water) and the practice of “reuse and recycle” of human wastes, and solid and liquid wastes (including conversion into energy), will be promoted; Collaborations with the private sector (including toilet associations.

The groups of sanitary goods and service-providers) will be strengthened in developing sanitation standards, technologies and products that are appropriate, affordable, ecologically-friendly and easily accessible; For urban areas, an integrated city-wide approach will be adopted to ensure the safe management (including treatment and disposal) of human wastes, and all other solid and liquid wastes (including medical, industrial and commercial wastes, etc.);The urban poor, especially those in slum settlements, will be facilitated and supported to obtain access to safe sanitation as a part of the integrated city-wide sanitation plans; and The critical role of personnel involved in sanitation work will be recognized, and measures taken to raise their dignity.

“The member countries have committed to achieve the national goals and the Millennium Development Goals on Sanitation in a time-bound manner during the ongoing International Year of Sanitation 2008 and took a resolve for Continuing the advocacy and awareness to sustain the momentum given to sanitation explicitly at the regional, national, sub-national and local levels, in policy, budgetary allocation, human resources, and implementation.

They took vow for strengthening community efforts and developing capacities of Local Governments, non-governmental organizations, youth and community groups to work in partnership for sustainable sanitation solutions. The action taking include to Ensure occupational dignity, health, safety and improve the profile and working conditions of personnel involved in sanitation work and also to prioritize sanitation as a development intervention for health, dignity and security of all members of communities especially infants, girl-children, women, the elderly and differently-abled.

Accordingly, efforts will be made for mainstream sanitation across sectors, ministries/departments, institutions, domains (private, household, schools, community, public), and socio-political persuasions, so that sanitation is everybody’s concern and prioritized in their respective programs (e.g. railways or tourism agencies promoting access to sanitation facilities as a part of their programs).

They will also develop and implement approaches, methodologies, technologies and systems for emergencies, and disaster situations, and for areas, with special characteristics/ terrains or groups suffering temporary displacement. In addition work to advocate globally the recognition of climate change impacts on sanitation provision in South Asia, and develop and implement strategies and technologies that adapt to and mitigate impact and will enable flexibility and variety in options and practical solutions to suit local conditions, preferences, and resources.

“An inter-country Working Group, led by country focal points, will meet periodically to promote research and development, collaborations, exchanges of innovations, experiences and expertise; networks among intra-country groups and agencies will be created for sharing of knowledge and the Indicative “South Asia Roadmap for Achieving Sanitation Goals” will be consulted by the participant countries to develop their national Action Plans for implementation over the 2009-2011 period.

“The declaration while expressing its gratitude towards the Government of India and its people for the warm hospitality expressed hope that momentum gained by the three SACOSANs will be further continued by the hosting of the Fourth SACOSAN in Sri Lanka in 2010, and the fifth SACOSAN in Nepal in 2012.-SANA

Entry of any person to Afghanistan from villages adjacent to Chaman including Kali Luqman, Kali Abdul Karim and Kali Faizabad has been banned, he said, adding that, all the passes has also been canceled so that illegal trespassing could be stopped.

Person having visa can enter in Afghanistan from Pak-Afghan friendship gate, he said. Vehicles entering and existing border area are being checked strictly. On the other hand, NATO forces has boosted strength of force in Afghan areas adjacent to Balochistan. Source said, massive operation is on the cards against Taliban in Afghan areas near to Zhob and Qila Saif Ullah.-ONLINE

Regional coop can ensure prosperity, bail 50 crore people out of poverty
He said that regional trade is five per cent of the total SAARC trade activity while trade among Association of Southeast Asian Nations is 30 per cent. Intra-European Union commerce has been estimated at around 55 per cent. He said that a common strategy is needed for the purpose and India should rethink about her aims of regional dominance and expansionism. Otherwise, Dr. Murtaza Mughal said, everybody including New Delhi will be at the loosing end.

He said that New Delhi is mulling to ban FDI from Pakistan which will sent very negative signals. Pakistan and India have lead role in regional grouping and the two countries can promise a good future to masses if they show flexibility which will immediately result in augmented bilateral trade to the tune of 10 billion USD.

He said that the region need to focus on FDI, tourism, deficits and technical expertise in which it is behind other regions. “Political differences, corruption, lack of proper infrastructure etc are also stumbling blocks,” said Dr. Murtaza Mughal. He said agriculture insurance is a very positive step that can change the fate of Pakistan if executed properly. -Pak Economy Watch

There have been theories prevailing that SAARC members have not been cooperating to make region prosperous due the factors including violence, internal war and political instability, and coming out for peace and security. However it seems reverse in case of youth; so the bid to come forward and take charge for the progress and prosperity of the region is a positive note. By dispelling the impression that SAARC counties are entangled in violence, internal war and political instability, and coming out for peace and security, SAARC youths with their potential, talent and dedication should turn SAARC nations toward progress and prosperity. In this regard SAARC Youth Award is certainly a good sign. SAARC Youth Awards Scheme was instituted in 1996 to provide recognition to extraordinary young talents and encourage the overall development of the youth in the South Asian region. The Scheme is also aimed at encouraging the South Asian youth to excel in various fields and to realize their full potential.

The SAARC Youth Awards Scheme is open to nationals of SAARC Member Countries, who are within the age group of 20-35 years at the time of nomination. The Award consists of a citation in English; a Gold Medal; and a cash prize of $1500 US.

The SAARC Youth Awards have so far been presented on the following themes:

1997 : First Award for “Outstanding Social Service in Community Welfare”
1998 : Second Award for “New Inventions and Discoveries”
2001 : Third Award for “Creative Photography : South Asian Diversity”
2002 : Fourth Award for “Outstanding contribution to protect the Environment”
2003 : Fifth Award for “Invention in the Field of Traditional Medicine”

This award was not conferred in 2007. Applications have been called for the SAARC Youth Award 2008. This year’s theme is ‘From Himalayan glaciers to verdant plains to coral reefs-protecting the environment in South Asia’. However the work or achievement, which has been submitted for or received an international or regional award, will not be eligible for consideration.

As per the decision of the Thirtieth Session of the SAARC Council of Ministers (Colombo, 31 July – 1 August 2008), the SAARC Youth Award Scheme would be gender balanced and the Youth Award for 2008 will be conferred upon women candidates only. The SAARC Secretariat has decided to confer the Award to a female candidate to encourage participation of women this year. The conferment of this Year’s Award is expected to be made at the next inter-Summit Session of the SAARC Council of Ministers, chaired by Sri Lanka.

Prospective candidates can forward their applications in English in the format published on the website of the Ministry of Foreign Affairs at www.formin.gov.lk and weekend newspapers, to the South Asia and SAARC Division of the Ministry of Foreign Affairs.

Syed Zafar Abbas Naqvi of Pakistan was the winner of the 2006 SAARC Youth Awards conferred upon him during the 13th Session of the Council of Ministers held in Colombo in July - August this year. SAARC Youth Award scheme was introduced in 1997 and since then 02 (two) successful youth organizers have received “SAARC Youth Award” for their exemplary contribution in social work. Mushfiqul Alam is one of the most creative and talented Asian photographers based in Bangladesh. His photographs are exhibited at many national & international exhibitions since1994 was declared by the SAARC (South Asian Association for Regional Cooperation) as the winner of SAARC Youth Award 1999. This was the single award of the contest which had been issued for the photographers among the seven SAARC countries where one fifth population of the whole world resides.

The role the youth should play in addressing social issues, eliminating evil customs, contributing to economic development, participating in public life and protecting the environment in this region has become the dire need of the time. Pakistani youth has great opportunities to show their capabilities in several fields. They can prove they are better than any other nation in the not only in south Asia but in the world

Judicial system administers justice in the name of the state and it is a mechanism for resolution of disputes. The system through out the world varies with regards to the amount of autonomy it possesses, which in turn determines the amount of impact it can have on the society. It is a mechanism of checking powers of the other branches of governance (executive and legislature). U.S is an ideal example of such checks and balances where the autonomy of the court is established in the constitution.

Whereas a country like India sees continuous tussle between different government branches to tilt the balance of power in its direction. In face of such unstable conditions with regards to determination of power, we try to evaluate in this paper the success of Indian judiciary in progressing the democratic norms in the society and what structural difference it has been able to achieve to make implementation of such a system more conducive.
In order to evaluate this success, we have to consider the definition of democracy. In the light of this definition; we can analyze the role of Indian judiciary in advancing the ideals of democracy keeping in mind the evolution of judiciary itself, which is relatively young, compared to other Western judiciaries. Indian judiciary is faced with the tedious task of not only developing its relatively young system but to also make this judicial system coherent with the prevalent and contemporary socio-econ and political system of the West which is always considered to be the ideal system to follow. West on the other hand had the chance to evolve its judicial system in line with the growth in prevalent ideology of the time. Hence, the Indian judicial system has to evolve and also catch up with the contemporary system.

We can define democracy as the right of the people to exercise their political sovereignty either through the citizens directly or through an elected representative which operates through a parliamentary or a presidential system. In such a system we find the presence of a representative legislature, regular and timely elections, and enactment of laws through an independent judicial system and the people enjoy universally recognized freedom (political, speech, press etc) and liberties. Also there is more then one political party competing for the position of power and responsibility. Democracies can vary in the amount of representation and freedoms they give to their citizens. However, integral to the doctrine of democracy is the careful legislation of democracy to avoid uneven distribution of political power. This basically means that there should be a balance of power with in the branches of governance. If any branch is able to accumulate extra power in any way, this can be dangerous for the democracy. The scenario fits exactly in the Indian case, where there is a continuous tussle to limit the extent of judicial review.

Having discussed the characteristics of democracy and what it entails, we can now evaluate the efforts of Indian judiciary to enhance the democratic values over the last sixty years and how in some cases it may have impeded this process. History tells us that for the first four decades, the judiciary was rutted against strong governments of Nehru and Gandhi. They tried to limit the courts power of judicial review by expanding parliamentary sovereignty. However, court was influential even then, when some matter concerned protection of fundamental rights according to the constitution. For example, the court challenged Nehru government’s land reform legislation in favor of right to property as guaranteed by the constitution, therefore, upholding the democratic principle. Another instance where the court upheld the democratic principle was when Indira Gandhi tried to restrict courts use of judicial review to limit parliament’s power to amend the constitution. This attempt was successfully blocked by the the court, hence, keeping the balance of power to an acceptable level between the branches, which is very important for true democratic conditions to prevail. The judicial autonomy is really important because judicial system is the ultimate source to resolve any conflict. The conflict may threaten the democratic principles as various sectors may try to hijack this system for their own personal benefits.

Over the course of first few decades, the legislature and the executive branch became known as highly corrupt. Ministers were indicted of fraud, corruption, abuse of power, being self conceited and incompetent. Things got worse when first Rajeev Gandhi and then Narsima Rao were both personally convicted of being involved in corruption cases. Also gone were the days when congress use to have a majority in the parliament. Early nineties saw hung parliaments, where parties formed government with coalitions. This and the fact that legislature and the executive branch had become less reputable in the eye of the public, the judiciary made a pro-active move in increasing its independency which as we have discussed is extremely important to uphold democratic norms.

The court acted formally to change the balance of power between the judiciary and the executive. The power of selection of judges was shifted from the executive to the Chief Justice, hence making it a big moment in Indian history and a tremendous achievement of the judiciary. No longer were the legislature and the executive influential in packing the courts with nominees of its choice. The judiciary was now better able to guard people’s rights and freedoms and save the constitution from hazardous amendments. This definitely resulted in reaction from the other two branches of governance and there were calls for different steps to be taken to note the ethical conduct of the judiciary. It also resulted in the judiciary being blamed of encroaching on the territory of the legislature and the executive. Judiciary promised to implement in-house procedures for self regulation. However, the important fact was that judiciary had traveled this important distance and evolved into a branch that could better guard the constitution and resolve conflicts. We have discussed the journey of judiciary and how it was able to reach a level from where it could be said to be some what autonomous. However, this was the basic requirement for the judiciary to enter the category of being called democratic. This was the basic tussle between the different branches of governance. What remains to be seen is that during this whole time, was the judiciary able to conduct its main task of resolving conflicts, defending democracy and establishing decisions which could lead to a free and fair society.

We would see on various fronts, how the judiciary was able to do with regards to different democratic variables. Was it able to guarantee the citizen the rights that have been promised to them? Was it able to mediate between various segments of the society? In a nation where all sorts of cleavages are in abundance, a very active role of the judiciary is required to take on this task. Conflicts are expected to prevail in such a society. Rights will be breached and encroached. If this is not enough, the society is faced with further challenges of a capitalist world economy. The pressure from international organizations to conform to their needs and requirements. Other issues include different interpretation of the constitution. Sometimes there is divergence with regards to the interpretation of the constitution. Judges have different ideologies and perspectives. To make things even more difficult the court is not free from political and social influences. Also there has been cry from the socio-economic front that the court has not been able to deal with the issue of equality and wealth distribution. The court has been blamed to be pro-poor and anti rich. It has been blamed of engaging in excessive judicial governance. So the rest of the paper deals with evaluating how successful the judiciary has been in facing of these challenges, and how far the democratic norms were upheld and in what situations were there conflict or short comings.

The first few decades after independence saw the emergence of a strong majoritarian democracy. In such a situation the court was not in a favorable condition to tilt the balance of power on its side against the legislature and the judiciary. However, the court from the very beginning was an exponent and savior of the constitution and its basic structure. It kept protecting its sovereignty and challenged the parliament on issues like land reforms. However, the later years of corrupt government and hung parliaments created a situation where the judiciary, president and the election commission due to the instability of the coalition government found themselves amongst power. They became the hope and aspirations of the Indian masses. We can even see many Indian (Bollywood) movies of these times projecting the judges as heroes and saviors of the country. This new acquired power and shift of balance culminated into judiciary taking actions that some would consider encroachment on the legislature and executives territory. Its actions are termed as judicial activism. It started to play its appointed role as an instrument of governance much more then its traditional role as an institution of justice. Its pro-active role resulted in the court instigating a special PIL(Public interest litigation), whereby anyone can approach the highest court in the country to safeguard the fundamental rights of any citizen. These actions I believe had a great impact on strengthening the democratic norms of the society. The acquisition of rights and freedoms through the enforcement of PIL decisions had a huge relief to the oppressed masses. Democratic theory ensures various freedoms and PIL just did the same. It gave relief to the masses and enforced citizens’ fundamental human rights. The court sought to safeguard the citizens from police torture, prison conditions, and welfare home deregulations and tried to reform these institutions by implicating people who were responsible for these atrocities. T he judiciary was also harsh against those who favored bonded labor. In a democratic society, the existence of slavery is unacceptable. Denying people the minimum wage set by the government although was not implemented; however, many were set free from their bonded labor. The decisions made some ground rules which these administrative institutions of the government were suppose to follow and this had a huge impact on the criminal justice system as well, hence once again strengthening the democratic norm.

The democratic norm and the constitution also emphasize equality. This means that the rights of the minority are also to be protected keeping in mind that excessive loss is not done to other people. Indian Supreme Court has been influential in taking affirmative action to support the less privileged, marginalized and minority cases. However, on the other hand it has been able to limit the extent of this affirmative action as well. All this happened in the phase known as the pre-economic reform phase of judicial activism. The later years of judicial activism saw the court allocating its attention towards other issues like the environment, health, ministerial corruption and restoring the independence of CBI. Some of these factors are aimed towards providing universally accepted rights that people should have. Factors like ministerial corruption and influence of executive and the parliament on CBI had given the other two branches a bad name. Judiciary took upon this as their responsibility and took the initiative of reforming these sectors. A bad democracy was considered more viable then a dictatorship unlike Pakistan. Proper administrative system is the key to smooth working of a democratic system and judiciary just tried to establish this. It is interesting to briefly compare this scenario with Pakistan. In Pakistan’s case, corruption and lawlessness is dealt with military take over rather then judiciary implicating those guilty and refining the system. Such a take over by the authoritarian military regime can barely be called democratic even if the establishment tries to legitimize it.

In the nineties, hung parliaments in India created a fickle and unstable situation. However, I believe that powerful parties in our part of the world tend to view the opposition as a threat rather then a competition and tries to suppress them. Competition should be looked as a chance to improve oneself rather then as a threat. So I believe that although coalition governments are hard to form and sustain, but the chance of using power, like in a majoritarian rule, to gain political excess is limited. Also a true democratic system favors party competition, and the judicial system along with the presidency and election commission has been trying hard to maintain this coalition. This competition might appear to be destructive and unstable in the short run. However, in the long run, this political debate, bargain and deliberation will bear its fruit and India would be on a true path to democracy.

Another great democratic achievement of the judicial system is the support it showed towards various social movements in the society. In the US, the presence of various interest groups is heavy and is also considered to be essential part of democracy. Similarly, by supporting NGO’s and various interest groups, the Indian judiciary has developed a private check on the government. The judiciary supported these organizations by giving decision in their favor, by accepting PIL from them on behalf of the public and by accepting them as a legitimate body. This gave a sense of validity to these NGO’s and encouraged them to continue their effort. With in a period of certain years, the numbers of such organizations has just flourished unprecedented and have already made a significant contribution to the society. These NGO’s and interest groups carry out works that satisfies the very basic conditions of democracy. From capacity building to natural disasters, these organizations are at the forefront of upholding the doctrine of democracy. There are some NGO’s whose function is only to impart education on democracy. So the judiciary by helping these organizations is only helping democracy flourish.

Courts, however, by establishing and strengthening these institutions has created a check against itself as well. The two already established checks that of legislature and the executive is now joined by a third party who has a right to free speech under this democratic system as well. This third party involves many segments of the society whose interests are at stakes. So the courts actions are now even more severely criticized. Most games in society are zero-sum games. One men’s loss is other men’s profit. Therefore, if someone is losing out because of a judicial decision, he will criticize the courts verdict and try to justify his own condition. The court on the other hand has the constitution, the pressure of a capitalistic, commerce oriented society and various political and social factors that has a influence on it. The autonomy of the court although improved is still not ideal and it cannot reach that level as well because there are some things that are unavoidable and will always be there. So the court tends to give decisions that might not be liked by the majority and hence it will be criticized the most and will have repercussions as well. The judiciary has also been blamed and criticized for not giving socio-economic decision in benefit of the poor. The dam case, street evacuation case, the closure of factories near the TajMahal were decisions that ignored socio-economics benefit of the poor class and were more in favor of rich, urban, elitist and capitalist class. So does that mean that when it comes to business oriented, elitist and capitalist decisions, the court has to decide in favor of more capitalist and less welfare approach. The court could have not been an obstruction in earlier land reform cases. It could have decided in favor of people living near the dam, in favor of their culture and livelihood which is also protected by the constitution and the democratic norms. So how is this ruling against the livelihood and socio-economic benefit, democratic? The court could have helped these people settle in some different area and could have made sure that their decision was implemented. But there seems to be a feeling that the court is ruling in favor of western development oriented international organizations, who try to implement the theory down peoples throat with out looking at the indigenous conditions that prevail in that society.

The failure on the socio-economic front makes us realize that not all decisions can be appropriately taken by the judiciary. There are some powers that should only come under the realm of the executive and the legislature. Courts might sometimes be constrained by its limitations discussed above and it is best to leave these issues to the other braches. Otherwise, it will only end up sacrificing one democratic variable in favor of the other. The international organizations like the World Bank and IMF are not exactly in the game for nothing. They are in it for profit as well and so are the countries that support and finance these organizations. Playing chicken with them will only harm the country and they will use their theoretical approach to justify their ideology and make profit from it.

In conclusion, I would like to state that judicial system has been very successful in evolving into the autonomous body it has become. The activism was necessary to deal with a corrupt administration (legislature). The series of events also helped the judiciary evolve into what it has become today. However, with increased power, judiciary must not forget that parliament is in the game for some reason. There are specific roles that each branch has to play. The activism, I believe should not be a permanent phase. It should fade out with stability and development of other branches and as the society becomes better versed with the norms of democracy, which the judiciary has been able to progress in a very articulate manner.

The Prime Minister is expected to call on Sri Lankan President Mahinda Rajapaksa at President House in Colombo this evening. The High Commissioner of Pakistan to Sri Lanka will host a dinner in honour of the Prime Minister. The Prime Minister will address the SAARC Summit tomorrow afternoon. In his address, the Prime Minister is expected to emphasize the need for further cooperation between the SAARC countries in different fields including trade and commerce and energy sectors so as to ensure economic development of member countries.

He also expected to stress for concrete steps by the members countries for combating extremism and terrorism for ensuring durable peace. The Summit will be attended by heads of states and government of Afghanistan, Bangladesh, India, Bhutan, Maldives, Nepal, Maldives and Sri Lanka.

The Summit is expected to review the implementation of decisions taken at earlier Summit and discuss additional measures to promote regional cooperation. The occasion will be utilized for bilateral meetings on the sidelines of the Summit. Earlier talking to newsmen before departure at Chaklala airbase in Islamabad today, he said Pakistan intends to make SAARC an effective body for the benefit of the peoples of the South Asia.

He said Pakistan will make all out efforts to make the summit a success so that the SAARC countries could work according to its potential for peace, progress and prosperity in the region. The Prime Minister said he would also have an opportunity to meet his Indian counterpart Dr. Manmohan Singh on the sidelines of the summit. He hoped a positive and constructive dialogue with him to move forward the peace process with India and resolve all outstanding issues with the aim to bring peace in the region.

To a question, Syed Yousaf Raza Gillani said he would also have meetings with the leadership of other SAARC members including Afghan President Hamid Karzai and will discuss ways and means to strengthen ties with all member countries. He said Pakistan wants peace and security in the region, therefore, it is working with the all the countries to wipe out terrorism and extremism and bring peace as peace in Afghanistan is in the interest of Pakistan.-SANA

Sarna gave no details, but Karzai and Manmohan Singh are expected to discuss bilateral and other issues. Among those who will call on him include Vice President Hamid Ansari, External Affairs Minister Pranab Mukherjee and Leader of the Opposition L.K. Advani. Karzai and Manmohan Singh will be among leaders from eight countries who will attend the South Asian Association for Regional Cooperation (SAARC) summit in Colombo Aug 2-3.

Karzai’s trip comes amid mounting worries in both India and Afghanistan about the growing activities of the Taliban militia, which many feel continues to enjoy the backing of the Pakistani intelligence establishment. Karzai had strongly condemned the July 7 devastating suicide bomb attack on the Indian embassy in Kabul that killed 44 people. Barring four Indians, all others were Afghans. It was the first attack on an Indian mission anywhere in the world. Afghan officials implicitly blamed Pakistan for the bombing.-SANA

The decision to develop a food bank for the region was taken in April 2007 at the last summit of the SAARC. In view of the experience of food crisis in the region and other countries of the world since 2007 the decision to develop a food bank for the region was a prudent and farsighted one. The recent experience also has taught that if the decision was taken some years ago and implemented the region would not have suffered such a food crisis.

“It has now become an urgent task for the SAARC to establish the proposed food bank to store the targeted two million tones of cereal rice and wheat,” said Mughal. Food crisis has not remained confined only to the SAARC region. It has become a global problem for a host of reasons, he added. “In that backdrop, the Food and Agricultural Organization (FAO) has warned nations that food price globally will come down only a little and furthermore, very slowly. Hence, all nations of the world, especially the Third World ones have to be very careful,” the statement said further.

Analysts and forecasters are one that even if money is available food may not be available in the international market at the time of dire need. SAARC is a relatively underdeveloped but most populous region in the world. So, accumulation of food grain reserve should be a topmost concern for the member countries. During the last summit held in India it was thousand times pledged to be more active to protect the interest of the member countries.-SANA

During the two day South Asian Tax Summit, Jamal Uddin Ahmad (Former Deputy Prime Minister of Bangladesh), Dr. Anura Ekanayake (Deputy. Vice Chairman, Ceylon Chamber of Commerce & Industry & Director, Unilever Sri Lanka Limited), Dinesh Kanabar (Executive Director, Tax & Regulatory Sevices, Pricewaterhouse Coopers, India) Prof. Lakshman Watawala (President, Society of Certified Management Accountants & Former Chairman, Board of Investment, Sri Lanka), Sunil H. Talati (President, Institute of Chartered Accountants of India), Farooq M. Ladha (Head of Tax Services Ernst & Young, Middle East) N. R. Gajendran (Chairman, International Fiscal Association, Sri Lanka & Alternate Chairman, Taxation Committee, ICAS), Sunil Goyal (Former President, Institute of Chartered Accountants of India & South Asian Federation of Accountants) will present paper on vital tax related issues of the region.

The theme of this summit is Regional Cooperation for Economic Development: Vision 2020.

In a joint statement about South Asian Tax Summit 2008 Muhammad Azfar Ahsan (Global CEO, Nutshell Forum), Abdul Qadir Memon (President, ITBAK) and S. M. Shabbar Zaidi (President, SAFA) said that they were appreciative of all the speakers who would be coming to Pakistan for this conference. He said they were optimistic that the two-day South Asian Summit would provide us a platform to restructure the regional tax system. To strengthen the regional system, they would also try to organize this summit in other countries of the region, they maintained.

This summit is specially designed for the Business Community, Tax Consultants, Lawyers and Advisers Chartered Accountants, Management Accountants, Finance and Tax Personnel of domestic and multinational enterprises and Government Officials and Tax Administration Authorities, especially the policy makers.

Talking to Chairman Joint Chief of Staff Committee, General Tariq Majeed who called on him at the Prime Minister House here on Monday, Gilani lauded role of the Armed Forces during the national calamities, particularly at the time of earthquake and later when the floods and heavy rains hit various parts of the country.

The Chairman Joint Chief of Staff Committee apprised the Prime Minister about the performance and professional activities of the three armed services; Army, Air force and Navy. He also updated the Prime Minister about the ongoing up gradation programmes in the defence sector.-SANA

Matso Utaka conveyed his felicitations to the leadership of PML (N) on their success in the recent elections and assured him of the continued cooperation of the south Japan for economic and commercial development between the two countries. The PML (N) chairman thanked the government of Japan for their support and good wishes and expressed their hope that the bilateral relations between two countries would be further strengthen with the dawn of democracy in Pakistan.

There is a great scope for economic cooperation between the two countries. The PML(N) chairman appreciated the programme of greater direct investment in Pakistan in the near future.-SANA

Hilal A Raza, Director SAARC Energy Centre briefed the working group on activities of the centre including a regional study on renewable energy projects; regional energy database; energy policy conference; training workshop on bio-fuels; SAARC youth energy award etc. In order to increase awareness among the youth of South Asia region and have them on board in identification and resolution of the energy issues being faced by the SAARC region, the SAARC Energy Centre, Islamabad has initiated an annual program of Youth Energy Award.

Under this programme the students of the eight countries of the SAARC region will participate in the essay writing competitions on an identified theme. The theme of the essay for the year 2008 is “Energy Cooperation is Key to Economic Development in SAARC Region”. The authors of three best essays will be awarded with following three cash prizes: first prize US$1000, second prize US$ 500, and third prize US$ 300. The nationals of SAARC Member States, less than 23 years of age on 31 December 2008 and registered for bachelor’s or master’s degree are eligible to take part in the competition. More details on how to participate in the competition can be seen on following website:
www.saarcenergy.org
The delegates highly appreciated the hospitality extended by Pakistan and efforts of SAARC Energy Centre for promoting regional energy cooperation in South Asia.

“Today there is a real risk that similar communal violence might happen again unless incitement to religious hatred and political exploitation of communal tensions are effectively prevented,” said Jahangir. India’s constitution is secular. Hindus account for 80 percent of India’s billion-plus population, while Muslims account for about 13 percent, Christians less than 3 percent and minorities such as Sikhs, Buddhists, Jains and Parsis the rest.

Over the past two decades, India has suffered major religious riots between its different communities, like in the western state of Gujarat in 2002 when about 3000 Muslims were massacred by Hindu fanatics. “Even today there is increasing ghettoization and isolation of Muslims in certain areas,” she said, referring to Gujarat state run by infamous Hindu nationalist Narendra Modi.

But many of the perpetuators of religious riots have never been jailed amid a slow judicial system and what critics say is government inertia. Jahangir criticised the slowness of government inquiries into previous religious clashes. She said she was ‘astonished’ that one government commission probing the demolition of 16th century Babri mosque in the northern Indian town of Ayodhya had received a 44th deadline extension.

The demolition of the mosque by Hindu extremists sparked the 1993 bombings in Mumbai which killed 257 people. Those attacks were blamed on Muslims. Jahangir criticsed law enforcement authorities for being reluctant to act against perpetuators of religious violence.

“At the same time, organised groups based on religious ideologies have unleashed the fear of mob violence in many parts of the country,” she said. “This institutionalised impunity for those who exploit religion and impose their religious intolerance on others has made peaceful citizens, particularly the minorities, vulnerable and fearful.”

Jahangir, known as the United Nations Special Rapporteur on freedom of religion, highlighted attacks on Indians marrying people from different castes and religions in northern India, and attacks on Christians, lower castes and tribal people in the eastern state of Orissa last year.
In Orissa, where many churches were attacked around Christmas last year, she said there were credible reports that members of the Christian community had alerted authorities in advance.-SANA

Minister for Communication Muhammad Shamim Siddiqui will arrive in New Delhi on August 30. After inaugural session of Ministerial meeting, a working session will be held to discuss ways and means to strengthen connectivity among the SAARC countries. The meeting will also discuss linking SAARC countries through road network. Pakistan delegation will comprise of officials from Civil Aviation, road transport, railways and port and shipping.