Thursday, April 25, 2024
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Constitutional guarantees are sacred

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Editor,

In his letter captioned “Over-killing doesn’t pay” (ST Nov 26), A.P.Singh has held out a veiled threat that the all-powerful Modi Government in Delhi can do anything like removal of Article 370 in J&K and even take away the constitutional rights guaranteed to the tribes of the Northeast under Article 371-A. This is mischievous, to say the least. Firstly, let me convey to the likes of AP Singh that Article 370 may have been annulled for now to deny the Kashmiris their constitutional protection from the government of India, but we might not have heard the last word. In my considered view, it is a betrayal of the Kashmiris by the present government. Not just the Kashmiris who are aggrieved over the bullying tactics of the current rulers in New Delhi, there are many others in this country who are with the Kashmiris on their rights to special privileges due to the extraordinary situation that brought Jammu & Kashmir to the Indian Dominion. Surely, we haven’t heard the last word on Article 370. Who knows what might be the political scenario in Delhi after Modi? No regime lasts forever! Already there are talks that the balkanisation of J&K may be reversed.

The creation of Union Territories to be governed directly from Delhi is a completely undemocratic approach. The purpose of this letter is not to dwell on Kashmir. I simply referred to Kashmir to bring a point home that Modi should think hard before even thinking of abrogating Article 370. I also want to place on record the historical and political perspective of how the loosely placed states in the Northeast were brought under the India Dominion after Independence. To put it mildly, the entire operation by the rulers in Delhi to tag the some of the northeastern states to India remains wrapped in questionable methods. Taking full advantage of the poorly administered areas like Manipur, Nagaland, Khasi & Jaintia Hills etc and without giving the local indigenous tribes an opportunity to express their will, the job was done almost forcibly. Nagaland, which is currently negotiating with the Government of India on issues of separate “Naga National Flag”, Naga National Anthem, among many others, can never be denied the special constitutional privileges, if the state has to remain within India. Similarly, I can’t imagine how the Modi government can even think of abrogating Article 371. The NDA Government may try to do so, as is being obliquely suggested by A P Singh, because it has the brute majority in the parliament, but that would be a recipe for disaster.

Let me make it abundantly clear that if the Government of India tries to tweak the special privileges of the small tribes of the Northeast, there would be upheavals that none can imagine. The likes of A P Singh who have scanty knowledge of the ground realities are better off keeping their mouths shut, unless they want to provoke the tribes.

Yours etc.,

Pynshngain Jyrwa,

Via email

Why bail for a rape accused?

Editor,

The news of former MLA Julius Dorphang being released on bail is very troubling. The man was arrested for raping a minor girl in 2017. Dorphang had first absconded and was arrested from Assam. If he was not guilty of the crime why was he on the run? And why does it have to take over three years for the trial? Why is justice so slow in this country? Is it safe for other minor girls if a rape-accused is out on bail? Is the reason why rape cases are on the rise in Meghalaya and even during Covid times, because the law is apparently lenient towards those who commit this heinous crime of violating the innocence of the girl-child? That this should happen in a society that is supposedly meant to accord dignity to women, because it’s a matrilineal society is a sad paradox.

The Court has perhaps taken a lenient view of the matter because the accused is keeping indifferent health. But does his crime not exceed his need to be released on bail? If a person is being treated at  NEIGRIHMS which is the equivalent of AIIMS, New Delhi and is allegedly not recovering and bail is granted so that he could be treated outside the state then does that not mean that Dorphang is being treated as a VIP accused? Are all other prisoners given that same leverage? If not, why this special treatment for Dorphang? When and if the accused recovers from his ailment he will still be out on bail. So what sort of good behaviour has the Court extracted from him?

It is seen that in Meghalaya hundreds of rape cases are lying with the District Council Courts because the rape was committed by a tribal man on a tribal woman/girl. This was an order from the Meghalaya High Court some years ago. These cases are pending trial for many years now. Where is the justice for women/girls/children who are raped in this State? Should the High Court not be taking a serious view of the matter and reverse the order so that cases from the District Councils come to the High Court for adjudication? For how long do the victims of rape have to wait for justice? And if justice is delayed then why would a rape victim even file an FIR? We had high hopes when this High Court was established. Now those hopes are fast fading especially after Dorphang managed bail.

Yours etc.,

KR Ryntathiang,

Via email

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