India legal 28 February 2015 by India Legal

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February 28, 2015

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STORIES THAT COUNT

Who scripted Modiâ&#x20AC;&#x2122;s Delhi Disaster ?

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BUDGET 2015 Will Modi address the impatient electorate and bring his growth agenda on the right track? 26

MAKE IN INDIA Hurdles in the civil aviation sector 36

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LETTER FROM THE EDITOR

INDERJIT BADHWAR

ENTER THE RUBBER MAN

VERY time I am at a loss for words—or even for an original thought process—to describe a socio-political phenomenon, I turn, inevitably to the prodigious works of one of my cerebral heroes, the late Asoka Mehta, among the most prolific original thinkers and analysts India has ever produced. As a socialist (founder of the Praja Socialist Party or PSP), freedom fighter, mayor, deputy chairman of the Planning Commission, head of the National Council for Applied Economic Research, Congressman, Janata Party activist, this eclectic intellectual had an original thinking mind capable of probing and predicting trends on the basis of demonstrable evidence-based historiography and sociology. Small wonder that top-class magazines like Foreign Affairs grabbed and played up his articles. And it was to one of these gems that I turned, empty of mind, while trying to unravel the mystery of the emergence of the India Rubber Man (as columnist Chaitanya Kalbagh has dubbed him)—AAP’s Arvind Kejriwal. The piece titled, “India’s Political Mind” was published in July 1957 soon after the general elections when Nehru was still alive and heavily in charge. With Congress still at the helm of affairs, the “after-Nehruwho?” debate raged continuously but surreptitiously. Congress without Nehru was like trying to imagine heaven without God. Some 60 years later, Congressmen are still stuck in that same groove. Despite the decimation of the Congress at the national level, and now its ignominious downfall in Delhi, partymen cannot, in their wildest imagination, think of their organization bereft of the Nehru-Gandhi dynasty even though most of them secretly admit it has become a pox on their house. Superstition and voodoo politics just do not seem to yield to reality or experience. This is the same phenomenon Mehta tackled brilliantly in 1957 in taking head-on the question: What happens to the Congress when Nehru disappears? He answered with the examples of up-to-date understanding: “Recent experience shows that loss of its top leader does not destroy a party. When the Jan Sangh’s founder, Dr Shyama Prasad Mookerji, died, his successor, Maulichandra Sharma, went over to the Congress; and yet the Jan Sangh increased its vote from 3.2 to 6.7 million. The president of the Scheduled Castes Federation, Dr BR Ambedkar, died recently; its general

February 28, 2015

secretary and its two representatives in the Lok Sabha crossed over to the Congress. The Federation’s vote despite everything remained stable at 2,500,000. When the PSP’s veteran chairman, Acharya Narendra Dev, passed away, its top leader, JP Narayan, withdrew from politics into Bhoodan work and its mercurial and militant ideologue, Dr Lohia, split the organization. Leaderless, torn by ideological dissensions, the party yet retained its second position in the country. It seems that Indians who are so responsive to leaders can also achieve working arrangements with the rank and file. Perhaps that will be history’s answer to the persistent question, ‘After Nehru what?’” The brilliance and perspicacity of this observation is demonstrated today in the Kejriwal phenomenon. A year ago, Kejriwal and his party appeared to be deader than dodos after his dishonorable exit as Delhi’s chief minister. Partymen appeared to ditch him. He was reduced to a non-entity. But the Rubber Man’s resilience proves that even though Kejriwal appeared to be kaput, the forces that led to his rise were still dynamic and in search of a leader whose distant drum would again be music to their ears. That he made a comeback as head of his flock is another matter. But he did. Mehta observed: “Democracy need not stumble if her economic development quickens and if it is adequately aided to that end. In international relations, to befriend India is to strengthen the vital forces within the country. The political mind of India is neither wholly clear nor firm. But the elements of hope and strength outweigh those of defeat. If democracy loses in India, it will be because of the wanton negligence of its votaries both within and without that ancient land.” The voting during that period may not have been prodigious but it was surely a portent of things to come. In round figures, 112,300,000 voters participated in the 1957 General Elections, as against 103,800,000 in the previous General Elections of 1952. The percentage of voters increased from 44.9 to 49.2. In Rajasthan, one of the politically backward states of the Indian Union, the votes polled jumped from less than 44 percent to over 57 percent. The Indian voter, wrote Mehta, “has become vote conscious.” He further said that in a developing economy, next only to

regional tensions, are the tensions between rural and urban areas or between agriculture on the one hand, and commerce and industry on the other. Once political parties in a democracy get “set” in these molds, as happened in many countries of Europe, then either a sensible long-term policy of coalition has to be worked out, as in the Scandinavian countries, or the result will be tragic failure, as in the East European countries during the inter-war years. The question now is, has the geographical distribution of political forces changed in India? Two years ago, nearly 60 years after Mehta’s observations, Livemint said, in summary, that demographics and sources of information may have changed but the forces and dynamics that drive democracy and create change through the ballot remain more or less constant. One of the common denominators that brought both Modi and Kejriwal into power was the youth factor—different demographics, different economics, different aspirations—all expressed through the ballot. Census figures show that India is young. The population of the country below 35 years of age is 51.8 percent. Of this, 48.2 percent are women and 51.8 percent are men, 30.1 percent reside in urban areas and 69.9 percent is based in rural India. Significantly, the Census numbers estimate the population in the critical demography category of 18-35 years of age to be 31.3 percent. “Not only does this demography dominate spending in the rapidly growing consumer economy,” observed Livemint, but it is also likely to be critical in the context of future general elections. The Census data quoted by Livemint would have pleased and stunned Asoka Mehta: First-time voters, estimated from the Census data and adjusting for the fact that the survey was conducted in 2011, stacks up to 149.36 million—the Election Commission estimates the total number of voters to be 725 million. “These first-time voters now have greater access to the Internet and newer media coupled with a higher literacy rate. There is a high chance that political parties and leaders that follow a conscious branding strategy may just make a difference,” Jai Mrug, a Mumbai-based political analyst, said. Young, first-time voters tend to fuel anti-incumbency as they want a change— this is a trend that may be seen in the ensuing elections. To quote Pratap Bhanu Mehta, president of the Centre for Policy Research, a think-tank: “I think the place where it does make a difference is that a lot of the old historical examples by

which the parties used to discredit each other probably, for good or bad, no longer have any resonance. Memories of the Emergency, 1984 (anti-Sikh riots), all of that, which in a sense defined that ideological space, perhaps even around secularism and so forth, are not very big for these kids.” Accordingly, Mehta argued that the present demographic context provided an opportunity for a new discourse. “So any party that keeps reverting to that old record is likely to be at a disadvantage.” At the core of all this is the practice of secularism. Not the credo or the ideological worship of secularism as an article of faith and humanistic belief, but the practical realization that without secularism India is a sitting duck for terrorism, anarchy, violence and dismemberment. It is the repeated demonstration of secularism as a mass political practice—and not just theory—that keeps the majority of Muslims wedded to the idea of the fairness and decency of the Indian state and keeps them alienated from violent ideologies practiced by the IS and other militant Islamist groups. Muslim disenchantment with Congress’s wimpish leadership has never abated since Babri Masjid. Amitabh Kundu, a professor at the New Delhi-based Jawaharlal Nehru University and chairman of a government committee which has evaluated the situation of Muslims in India, told Deutsche Welle, a German broadcaster in April 2014: “Given the very limited performance of the present government in the last five to six years in the context of improving the situation of the Muslims in the country, I feel there will be some level of dissatisfaction because the Muslims certainly expected a lot.” They have the same expectation as any other Indian aspiring for a better life and education. The German broadcaster surmised: “The Congress-led government’s failure to adequately address the aspirations of Muslims is likely to drive them into the arms of other regional parties, such as the Samajwadi Party, the Anil Shakya Bahujan Samaj Party, the Rashtriya Janata Dal and the recently created new anti-corruption Aam Aadmi Party. Indeed the emergence of the AAP has given an interesting twist to these equations. The polls suggest that it may be an alternative to both Congress and the BJP in various constituencies.” That quote is dated a year ago. Asoka Mehta and secular Indian democracy still retain relevance and dynamism after more than 60 years. Show disdain for them at your own peril. Do so, and you’ll get more Rubber Men emerging.

editor@indialegalonline.com INDIA LEGAL February 28, 2015

FEBRUARY 28, 2015

VOLUME. VIII

ISSUE. 12

Editor-in-Chief Inderjit Badhwar Managing Editor Ramesh Menon Deputy Managing Editor Shobha John Senior Editor Vishwas Kumar Contributing Editor Girish Nikam Associate Editor Meha Mathur Deputy Editors Prabir Biswas, Niti Singh Assistant Editor Somi Das Art Director Anthony Lawrence Senior Visualizer Amitava Sen Graphic Designer Lalit Khitoliya Photographer Anil Shakya News Coordinator/Photo Researcher Kh Manglembi Devi Production Pawan Kumar Verma

LEAD

Modi, Shah had a great fall

The stunning Delhi assembly results expose the vulnerability of the BJP fortress and consolidate a new style of politics focused on the common manâ&#x20AC;&#x2122;s aspirations, writes BHAVDEEP KANG. Also, an analysis of a pre-election survey by SHAMSHAD KHAN

CFO Anand Raj Singh VP (HR & General Administration) Lokesh C Sharma For advertising & subscription queries sales@indialegalonline.com

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February 28, 2015

INVESTIGATION

At your beck and call In the face of severe manpower shortage, CBI employees continue to be deputed at private residences of kin, politicians and senior bureaucrats. A report by VISHWAS KUMAR and PRABIR BISWAS

ECONOMY

All eyes on the Budget now Post the Delhi election debacle, will Modi & Co come up with a budget that suits the neo-middle class, asks SUTANU GURU

On slippery grounds If oil prices are declining, thank deregulation measures for it. SABIHA FARHAT analyzes the benefits and pitfalls of prices determined by market trends

24 26 32

PROFILE

She walks tall in Modi’s shoes

ALSO Why the delay in incineration of Bhopal’s toxic waste?..................56

For her staunch loyalty, Anandiben Patel has been rewarded with a state (Gujarat). But RK MISHRA reveals that she has a mind of her own AVIATION

Make in India

The nefarious world of parallel web that dodges surveillance...................62

While there are increasing foreign JVs in the civil aviation sector, the MRO industry in India is floundering, writes SHOBHA JOHN

NATIONAL SECURITY

India’s Charlie Hebdo?

The plight of Rohingya Muslims in India............66

Tamil publication Dinamalar received a terror threat from Al-Qaeda for publishing cartoons of the Prophet. Is India prepared for a new wave of terrorism? A report by VISHWAS KUMAR

SOCIETY

I’m happy & gay

DIPLOMACY

Tango Times

India’s growing closeness with the US puts China on the tenterhooks. SEEMA GUHA writes that the prime minister should perform a fine balancing act with the eastern neighbor

REGULARS

KHALID SHAH describes what is it like to be a homosexual in a country where this orientation is criminalized and looked down upon

Expectations of refugees from Pak, settled in Delhi and around...................68 A novel effort at blood donation........................72

Letters .............................… ................................................................8 Ringside ..............................................................................................9 Quote-Unquote .................................................................................10 Supreme Court..................................................................................12 Courts................................................................................................14 Wordly-wise .......................................................................................81 People ...............................................................................................82

Cover Design: ANTHONY LAWRENCE Cover Illustration: ARUNA

INDIA LEGAL February 28, 2015

LETTERS

Along expected lines MS Dhoni’s retirement from Test cricket was nothing to rave about (Captain Cool’s Perfect Stumping, February 15, 2015). He was never considered a good Test captain. Dhoni’s strength lay in the shorter version of the game whether it is the 50 overs’ format or T20 cricket. Hope he lives up to his reputation in the ensuing World Cup. I am happy that he has made way for somebody like Virat Kohli who deserves to lead Team India in the longer version of cricket. —Arun Swaroop, Delhi

Memorable judgment Former president of BCCI is down but not out even if his bête noirs are raising a victory sign (Srinivasan’s 9 Lives, February 15, 2015). He will come back to occupy the top seat in the world’s richest and most powerful cricket board. But the Supreme Court judgment will certainly bring curtains down on all the murky deals in the world of cricket. —Inder Singh, Chandigarh

Too optimistic Your story on civil nuclear deal (Signed, Sealed, Delivered!, February 15, 2015) made interesting reading. I feel a lot of false hype has been created over the operation of the Indo-US nuclear deal. Pro-Modi votaries have almost termed it as an epochal takeaway from the Obama-Modi summit in India last January. But the fact remains that President Obama is in no position to seal the deal. The onus lies on heads of nuclear corporations who need to be convinced that the deal can go through. There are still concerns regarding India's liability law. The intention may be good but tangible results are yet to emerge. —Biplab Chatterjee, Kolkata

Exposing holes in coastal security Reference to your story In Choppy Waters, January 31, 2015. Shocking to say the least but nothing unusual in defense services. It is one more incident of blatant favoritism and total disregard to meritocracy. l hope and pray that DIG KPS Raghuvanshi gets justice, which is long overdue to him. —Cdr Pravin Dingh Chauhan, (Retd) on indialegalonline.com Reference to your story In Choppy Waters in the January 31 issue, I also suffered humiliation for taking up corruption and piracy issues. I was subjected to humiliation and kept as Asst Comdt for 20 years despite the Orissa High Court order. I have been denied legitimate promotion as per Supreme Court and Madras High Court orders, as on today. — Md Abbas Mohidden, Comdt JG Coast Guard DHQ6 Vizag on indialegalonline.com

In the right direction After reading in detail about the prostate cancer in the story (The Emperor of Men's Maladies, February 15, 2015) and its signs, I am very grateful to you for taking efforts to educating people in this regard. —Ameen Siwji, on indialegalonline.com

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February 28, 2015

Please email your letters to: editor@indialegalonline.com Or write to us at: India Legal, ENC Network, A-9, Sector 68, Gautam Buddh Nagar, Noida (UP) - 201309

Aruna

VERDICT Music is a moral law. It gives soul to the universe, wings to the mind, flight to the imagination, and charm and gaiety to life and to everything. â&#x20AC;&#x201D;Plato

INDIA LEGAL February 28, 2015

QUOTE-UNQUOTE

"Michelle and I returned from India, a place where, in past years, religious faiths of all types have, on occasion, been targeted by other peoples of faith... acts of intolerance that would have shocked Gandhiji.” — US President Barack Obama, at the high-profile National Prayer Breakfast in the United States, The Financial Express

“It is clear that PM Modi is not serious about fighting corruption. In eight months, the government has not given any priority to corruption and there has been no progress on the Lokpal law.” — Anti-corruption crusader Anna Hazare, accusing PM Narendra Modi of going back on his promise to fight corruption, NDTV

“India, South Africa, Australia and New Zealand.” — Former India captain Sourav Ganguly’s prediction on teams likely to reach the semi-finals in World Cup 2015 in Australia and New Zealand, The Times of India

“The sheer popularity of the AIB also should be a call to the Censor Board to wake up, smell the coffee and look out of the window at a new India.” — Filmmaker Ram Gopal Varma, on Twitter

“Married the love of my life @shiladitya last night surrounded by our families and close friends, exciting new life awaits.” — Playback singer Shreya Ghoshal, after her wedlock with digital entrepreneur and childhood sweetheart Shiladitya Mukherjee, on Twitter

February 28, 2015

“I would love to get to 22... 19 was very difficult to get to. It took me 33 years to get here.” —Tennis player Serena Williams, on whether she aims to equal German tennis player Steffi Graf's all-time record of 22 major titles, The Australian

“It is very scary, the kind of support the people of Delhi have given us.” — AAP leader Arvind Kejriwal, after his party scored a landslide victory in the Delhi assembly elections, NDTV

“Just like Israel kills hundreds of Palestinian soldiers if one of theirs dies, India is doing the same with Pakistan. If an Indian soldier is killed at least 200 Pakistani soldiers are bombarded.” —Gorakhpur MP Yogi Adityanath, citing India’s bold stand against Pakistan, The Times of India

“Though it might have been done inadvertently, it is like honoring the feelings of the people of India.... they should be deleted from the Constitution permanently.” —Sena MP Sanjay Raut, on the Republic Day ad from center not carrying the words “secular” and “socialist”, The New Indian Express

SUPREME COURT

Criminal cases matter andidates fighting elections must disclose if there are pending criminal cases, especially related to grave offenses or corruption against them in courts during the nomination stage. Their election could be declared null and void if itâ&#x20AC;&#x2122;s later found that they had concealed such a fact. While delivering this landmark judgment, the apex court felt that it will go a long way in curbing corruption in public life. It will also play a significant role in putting an end to criminaliza-

tion of politics. The courtâ&#x20AC;&#x2122;s ruling came while it was hearing a case where the Madras High Court had cancelled the election of a panchayat member in Coimbatore after it found that he did not disclose information on pending criminal cases at the time of nomination. The panchayat member had challenged the order in the Supreme Court, but the apex court ruled that the verdict was justified. It further slapped a fine of `50,000 on the member.

Illustrations: Aruna

Aadhaar in question he Aadhaar card scheme, introduced by the UPA government, came in for scathing criticism in a PIL filed before the apex court. The petition pointed out that it does not have legal or statutory authority, infringes upon the right to privacy of citizens, is being grossly misused by illegal migrants entering India, huge public money is being squandered by the government on the scheme, and last, but not the least, the has already been done away with in many countries around the world. The petitioners asked the court to order the central government to destroy all data gathered through Aadhaar card. Taking up the issues raised in the PIL, the court has asked the center to make clear its stand on Aadhaar, introduced in 2009. It had earlier ruled that Aadhaar in its present form was not a must for citizens seeking welfare benefits.

February 28, 2015

No child labour aking strict cognizance of the fact that children below 14 years are still employed in circuses, the apex court warned the center to follow its directive to put an end to this practice or else be ready to face firm action. It asked state governments to come out with a report on bonded labor, child labor and child trafficking and the center the task to examine them. The court had in 2011 ordered that children canâ&#x20AC;&#x2122;t work in circuses, and asked the government to save them and chalk out a rehabilitation program for them. NGO Bachpan Bachao Andolan had approached the court on the issue.

Cry for moral education petition filed in the apex court pointed out that moral science was no longer being taught in schools. It said that the subject was a must for instilling ethical values in children and building national character, especially when values had almost ceased to exist in society. The PIL wanted that the court ask the CBSE and the center to make the subject a must in the school curricula. The National Education Policy should be amended in this regard, if necessary, the PIL said. The two-judge bench was taken aback by the petition, as moral science was very much a part of school education during earlier days. It wanted to know if the scenario mentioned in the PIL was indeed true and sought a response from the center and the CBI.

TMC appeal falls flat rinamool Congress’ (TMC) efforts to get the Supreme Court to keep a close watch on the CBI probe into the Saradha scam hit a dead end, as the apex court didn’t entertain its petition in this regard. The court made it clear that it was not bothered whether the party or its leader was under any pressure due to the revelations of the probe, and asked TMC to seek redressal for such a grievance elsewhere. It pointed out that since there were no complaints by TMC that the CBI wasn’t doing its job properly, it could do nothing in the matter.

TMC had accused the center of using the CBI to nail TMC leaders in the Saradha scam, and called it an act of vendetta. The apex court also did not buy the argument that the CBI was letting out extensive information about the probe to the media. It accepted the contention of a senior CBI official that officers do not speak to the press. On the allegation that Saradha scam and involvement of TMC members in it had become a big media trial, the court said it couldn’t stop the media from doing its job.

Dignity of judges sacred

Arbitrary contract

t is alright for people to criticize verdicts of judges but they couldn’t use derogatory language against them. Such a conduct demeans the status of courts and creates hurdles in their functioning. Making this position amply clear, the apex court packed off Kerala MLA and CPM leader MV Jayarajan to jail for four weeks on contempt of court. It found that Jayarajan had not only condemned the 2010 Kerala High Court order debarring meetings on public roads, in a speech, but also insulted the judges, calling them “fools or idiots”. It observed that his speech provoked a “relatively illiterate” crowd against the judiciary. The Kerala High Court had already given him six months jail for contempt. However, the apex court whittled it down to four weeks.

ammon India Ltd approached the apex court recently, alleging that even though its bid amount was less than M/s GYT-TPL Joint Venture, the latter was awarded the contract of `600-crore metro project by DMRC. The company had earlier sought the intervention of the Delhi High Court but couldn’t get a stay on the operation of the contract. According to Gammon India Ltd, its bidding amount was ` 639.49 crore, whereas M/s GYT-TPL Joint Venture bid for `665.87 crore. The apex court, while asking the high court to commence hearing on the plea on February 25, ruled that there would be “status quo” on construction and other activities related to the contract, until the judgment. It also wanted the high court to quickly deliver a verdict on the case and ordered all parties not to seek any hearing adjournment as it may lead to a delay in the judgment.

INDIA LEGAL February 28, 2015

COURTS

No torture in custody olicemen can’t resort to inhuman treatment of an accused just for unearthing information in a case and then seek protection from punishment for such acts under the garb of immunity while on official duty, ruled the Bombay High Court. The court was hearing a case, wherein a magistrate had absolved two cops of all charges in 1998, after a woman complained that she was mercilessly beaten up by them and chilli water poured into her private parts for extracting information while she was in custody. The magistrate had set them free on legal grounds, providing them immunity while on official duty. Realizing that no scientific method was followed for interrogation and there was no woman police officer on the job, the court rejected the order of the magistrate and asked the cops to appear before him on February 16 for facing trial. It also ordered that the trial must be completed in six months.

Illustrations: UdayShankar

Reverse education he Madras High Court had to adjudicate a weird case recently, wherein a person had obtained a BA degree followed by a law degree but without first clearing class XII. He passed class XII only after getting his BA degree. The Tamil Nadu Dr Ambedkar Law University had slapped a show-cause notice against him for not clearing school and college in that order, despite giving him a provisional certificate.

The petitioner wanted the court to dismiss the notice and allow him to enrol and practice in courts. However, his plea was turned down, as the court felt it was not appropriate to obtain degrees in the reverse order and this was not allowed under Rules of Legal Education, 2008. It also supported the action of the university. However, private companies were free to give him job based on his law degree, the court ruled.

Luck on his side t seems Nithari serial killer Surinder Koli has nine lives. His death sentence was commuted to life imprisonment by the Allahabad High Court recently. On a death row, Koli had got a reprieve from the Supreme Court last year, when his execution on September 12, 2014, was halted because the apex court wanted to hear the case once again in an open court. Thereafter, it gave a goahead on October 28, 2014, for his

February 28, 2015

execution. But before it could take place, People’s Union for Democratic Rights went to Allahabad High Court seeking life imprisonment on the ground that there was excessive delay in taking a decision on Koli’s mercy petition by the governor and the president. The court had then stayed the execution. However, the verdict of the high court can still be turned down by the apex court if challenged by the prosecution.

No official data on FB, Twitter entral ministries and PMO using Facebook and Twitter accounts officially through private email accounts is illegal and leads to sharing of vital public records and other government data with other countries, pleaded the counsel for former BJP leader KN Govindacharya in the Delhi High Court. He pointed out that official data can easily be accessed by other countries, as servers of Facebook and Twitter are located outside India. After being told by the center that the issue was being closely looked into, the court asked the government to respond to the issue and posted the matter for hearing on March 31.

Cry for ACs in courts he Delhi High Court was faced with a piquant situation— that of ensuring that Tis Hazari and Patiala House courts have air conditioners (AC). A PIL from an advocate sought a direction from the high court to instal ACs in these courts, explaining that all courts in Delhi are fitted with ACs, barring the two. It pointed out that ACs are a must for the smooth and efficient functioning of courts in Delhi, and the capital's weather for major part of the year demands their use. It informed the court that the RTI reply on the issue had stated there were no formal rules for installing ACs, but work was on in that direction. A division bench of the court asked the district judges of both the courts to respond to the PIL. The matter would be taken up on February 25.

Bar Council advices he Bar Council of India did not take kindly to lawyers who were said to have attacked Kiran Bedi’s Krishna Nagar office in Delhi recently. In the ensuing scuffle, three BJP workers were injured. The lawyers from Delhi were unhappy with Bedi’s selection as the BJP’s CM candidate for the assembly elections, for she had, as DCP, ordered the handcuffing of a lawyer and later canned protesting lawyers in the eighties. Calling upon the legal community to refrain from indulging in indecent activities and unlawful acts, the council asked them to show restraint while protesting. The Delhi High Court also took a serious note of the incident and asked the ACP of the area for a thorough investigation.

Problem over dress code he presiding officers of the principal bench of the Central Administrative Tribunal (CAT) are not authorized to wear jacket, gown and band while hearing cases, said a lawyer to the Bar Council of India. He contended that such attire is only meant for advocates categorized as “senior” by a high court or the Supreme Court, but lawyers hearing judicial complaints at CAT do not fall into the category. But even retired IAS officers presiding over administrative cases are donning the same costume, he complained. Although all presiding officers wear dress decided by the head of CAT under the Administrative Tribunal Act, the attire for “senior” advocates is also sacrosanct by law and can’t be allowed for persons who do not fit into the category. The Bar Council said that it will find out the reality and take action if rules have indeed been flouted. However, it will have to decide the fate of the tribunal rules that allow the members to wear the judges’ attire.

INDIA LEGAL February 28, 2015

LEAD/ the nation/delhi elections

India Churning COMMON MANâ&#x20AC;&#x2122;S HOUR AAP leader Arvind Kejriwal celebrates his landslide victory with his colleagues (Right) AAP supporters at the party headquarters on the day of the results

February 28, 2015

aam aadmi kejriwal has dented what seemed impregnable, tripped the arrogant gait of the bjp and shown a new world to the hungry. modi will need all his adroitness to emerge from the ashes of this astonishing defeat By Bhavdeep Kang Anil Shakya

hree days before Delhi delivered its historic mandate in the assembly elections, a group of RSS and BJP stalwarts met sarsanghchalak Mohan Rao Bhagwat and expressed fears of a rout. Some 3,000 mohalla and booth-level meetings had been held at the last minute, they said, but even this would not be enough. The sangh supremo observed he could understand why the BJP was in panic, but what were the RSS chaps crying about? Bhagwat’s casual remark would have resonated with the RSS cadre, who were deeply demoralized by the induction of a parachute chief ministerial candidate and flotsam and jetsam from other parties, ignoring the claims of established party workers. Post-election, BJP office-bearers in Delhi received a flurry of text messages from Nagpur (the RSS headquarters), crowing about the party’s unprecedented humiliation. ROCKY RSS TIES Will the loss of Delhi alter the equation between Prime Minister Narendra Modi and the RSS, given that they have not been seeing eye-to-eye on a number of economic and political issues? That is only one of the many, many questions the Delhi poll has thrown up. Like the future of Modi’s right and left arms (Amit Shah and Arun Jaitley), who scripted the Delhi disaster! Will the Aam Aadmi Party now displace the Congress to occupy the centrist space in Indian politics? Will it, with the support of the Left and regional and caste-based parties, emerge as the core of a big tent combine? “Or it could end up being merely a safety valve, an expression of public energies released in popular movements from time to time, like those led by VP Singh and Jaya-prakash Narayan, only to dissipate as Photos: UNI

INDIA LEGAL February 28, 2015

LEAD/ the nation/delhi elections

Shah’s detractors say he is not an affable, accessible president like his predecessors. His corporate style doesn’t leave room for schmoozing or listening to their problems. NOT ALL EARS Modi with BJP’s chief ministerial candidate Kiran Bedi, who was hoisted against the cadres wishes

February 28, 2015

quickly as they appeared,” observes AAP activist and lawyer Santosh Kumar. Will the Congress recover from its death throes and reclaim the space it has yielded to AAP? Will it accept the new reality that it is no longer big brother and must reach out to like-minded allies with all humility, as equals? Most of all, will party president Sonia Gandhi get the message and relegate Rahul Gandhi to a less challenging role? Or will the Congress be subsumed by the vigorous new force as its cadres shift en masse to AAP? The fortunes of the BJP in large measure depend on the future shenanigans of Congress and AAP. In Bihar later this year, it will face a united opposition. But in Punjab and Uttar Pradesh, there are multiple players. Flexible and state-specific strategies are

called for. Not to mention the whole-hearted support of the RSS. THE SUTRADHAAR The immediate concern, however, is whether the Delhi poll will impact the party set-up. The covert blame game at the BJP headquarters is between party president Amit Shah and Finance Minister Arun Jaitley. Each describes the other as the sutradhaar of the disastrous Kiran Bedi project. Jaitley’s judgment of people, it is pointed out, has always been flawed. Witness Amritsar, where he put his fortunes in the hands of tainted Akali Dal minister Bikram Singh Majithia—now being probed by the Enforcement Department in a drug scam. The result was a humiliating defeat at the hands of the Congress. Similarly, in Delhi, he displaced the popular BJP stalwart and former Union health minister Harsh Vardhan and brought in an outsider who has been critical of the BJP in the past. Shah’s detractors, on the other hand, say his style of functioning has alienated workers. He is not an affable, accessible president like his predecessors. His corporate style

doesn’t leave room for schmoozing or listening to their problems. They say Bedi was his idea, albeit executed by Jaitley, to insulate Modi from the Delhi campaign. If so, he appears to have changed his mind towards the end of the campaign, exposing the PM to a flurry of last minute public meetings. Shah’s votaries point out that the Delhi BJP unit was in terrible shape for the last one year, headed by a Jaitley man, Satish Upadhyaye. “Amit-bhai took even boothlevel meetings after realizing the Delhi unit was badly disorganized due to infighting, but there was very little he could do at the last moment,” observed an office-bearer. VARDHAN INSULTED What is clear is that there was strong opposition to the induction of Bedi by senior and influential Sangh leaders. What’s more, she was given the ticket from Krishna Nagar, the traditional assembly seat of Dr Vardhan (who became an MP in 2014), thereby adding insult to injury. The Delhi stalwart was not only overlooked as CM candidate but completely marginalized to the extent that he was not consulted regarding his own seat. The people of Krishna Nagar, who have always elected for Harsh Vardhan, avenged the insult to their leader by defeating Bedi! The RSS, sources say, has been unhappy with Modi on several counts. US President Barack Obama’s visit did not yield the dividends Modi expected—in fact, the famous personalized suit and joint Mann ki Baat radio program proved an embarrassment

Kejriwal’s legal challenge FOR Kejriwal, the immediate challenge is either getting full statehood for Delhi or securing the cooperation of the Union government, without which he cannot deliver on his promises. Currently, the chief minister of Delhi has no power over the police and land, which means safety for women is a subject for the home ministry and development of urban infrastructure for the urban development ministry. In fact, under the Government of National Capital Territory (GNCT) of Delhi Act, 1991, Section 22, all legislation on financial matters pertaining to taxes and expenditure must be approved by the lieutenant-governor of Delhi. And his decision is final. So the central government rules Delhi by proxy, through the L-G. So many autonomous agencies control Delhi that often, it takes a Supreme Court directive to rectify urgent problems, like transport or pollution. The BJP, which has always been a votary of full statehood for Delhi, left it out of its vision document this time around. Kejriwal met Home Minister Rajnath Singh over this issue but he was noncommital.

DECIMATED Congress leader Rahul Gandhi (center) with the party’s CM candidate, Ajay Maken (left), at an election rally INDIA LEGAL February 28, 2015

LEAD/ the nation/delhi elections

Questionable acts... and being in the august company of industry captains. What about the common man? Can he wait?

o one saw it coming, least of all the cocksure prime minister. After Obama’s highflying visit, the drubbing at the Delhi polls was something Modi least expected. But then, a disillusioned electorate has a strange way of bringing down puffed-up leaders. This, together with slow governance, wrong priorities and communal strains can leave them by the wayside. So what are the factors that did Modi in? ARROGANCE: Just nine months after securing a resounding victory, Modi did a UPA. Like the Congress which failed to gauge the changing mood of the nation, Modi’s sarkar committed the same folly and remained out of touch with the nation. Rather than doing something concrete to fulfil the bijli-pani-sadak mandate, we had Modi sipping tea with “friend” Barack, addressing NRIs

February 28, 2015

COMMUNAL COLORS: Modi’s silence over his cadres making inflammatory communal remarks gave out a clear signal that they had his support. It did not help that seven churches in Delhi were desecrated, that riots engulfed Trilokpuri, that the venom on Love Jehad and ghar wapsi spread and attempts were made to tamper with the Preamble to exclude the words “secular” and “socialist”. Some of the “toxic” sound bytes include: “Voters should elect sons of Lord Ram (Ramzade) and not “illegitimate sons” (haraamzaade).” — Union minister Sadhvi Niranjan Jyoti “A Hindu woman must produce at least four children in order to protect Hindu religion.” —Sakshi Maharaj “Our target is to make India a Hindu Rashtra by 2021. Muslims and Christians don’t have any right to stay here. So they would either be converted to Hinduism or forced to run away from here.” —Dharm Jagran Samiti’s UP head Rajeshwar Singh As per law, all these mischief-makers should be behind bars, as Section 153 A and 295A provide for imprisonment of any person who indulges in wanton vilification or attacks on people of other faiths and spreads disharmony and hatred. GRIPE OVER EDUCATION: The HRD Ministry cited the New Education Policy of 1986 to reintroduce Sanskrit as a compulsory third subject in Kendriya Vidyalayas, and thereby did away with the option of learning German. A retrograde step jeopardizing the future of kids. After all, why not let them take an intelligent decision about this? Worse, right-wing scholars are now working to establish that Aryans were native to India, and to push backwards the date for Indian scriptures by many centuries. And guess who will guide the

NERO FIDDLED WHILE ROME BURNT (Facing page) Modi’s `10-lakh suit during Obama’s visit came in for huge criticism (Right) Trilokpuri riots demonstrated the BJP’s apathy towards communal harmony

NDA government is this? Dinanath Batra, who was instrumental in the ban of many books which took an objective view of Hinduism. FOREST CLEARANCE AND LAND ORDINANCE: : The hurry to make resources, especially land, available to corporates worried environmentalists, tribals and the poor. Environment Minister Prakash Javadekar acted more like an industries minister, clearing 650 projects by January. More worrying, the government cleared a land ordinance, which would give the state unbridled power to acquire land for large projects. As for the spate of farmer suicides, why, that can take care of itself. Sadly, the NDA also restricted UPA’s pet NREGA scheme to just 200 districts in the country in order to supply cheap labor to industry. The scheme had provided for 100 days’ compulsory work to one member of each poor rural family and had arrested migration to cities. So much for Modi’s heart beating for the poor. IRE OVER INSTITUTIONS: Modi made deliberate efforts to demolish the institutions that Nehru and successive leaders had painstakingly erected. The demolition spree first hit the Planning Commission, which was replaced by Niti Aayog. The Censor Board saw pro-BJP members taking over. The new chief, Pahlaj Nihalani, even went to the extent of saying of Modi: “He is my action hero.” Forget The Color Purple; looks like Color Saffron is seeping into films.

GUNNING FOR GOVERNORS: Governance got a shake-out with the removal of UPA-appointed governors, but the sheer highhandedness alienated many. While the Modi government brought in an ordinance to appoint Nripendra Mishra as principal secretary, it also removed Sujatha Singh as foreign secretary soon after Obama’s visit. It also removed senior DRDO scientist, Rajesh Kumar Gupta as Agni-V project director immediately after the launch of the 5,000-km range intercontinental ballistic missile on January 31. IGNORING WORKERS: The short shrift given to grass-roots workers in Delhi when implanted leaders such as Kiran Bedi were given tickets showed total disregard for the party organization and the people who toiled for it. Modi and Amit Shah are the face of the BJP and the Railways even contemplated introducing tea cups with their photos on Shatabdi. Not everybody’s cup of tea! CRASS QUOTIENT: While Modi had called Kejriwal a Maoist, an anarchist, other BJP leaders soon joined in. If Commerce and Industry Minister Nirmala Sitharaman called him a thief, Nupur Sharma, Kejriwal’s BJP rival, said: “Kejriwal ek daal se doosri daal par khod rahein hain. Maaf kijeyega, Bandar bhi aisey hi koodtey hain (Kejriwal’s been leaping from one branch to another. Sorry to say monkeys too jump like this.) And an advertisement in national dailies, which tried to demean Kejriwal, was in a very poor taste, and repulsed the voters.

INDIA LEGAL February 28, 2015

LEAD/ the nation/delhi elections

US President Barack Obama’s visit did not yield the dividends Modi expected. The famous personalized suit and joint Mann ki Baat proved an embarrassment for the BJP.

ON HER TOES Kiran Bedi trying to woo the Delhi voters

for the BJP. More serious are the differences between the central government and the RSS frontal organizations, namely the Bharatiya Kisan Sangh (BKS), the Swadeshi Jagran Manch (SJM) and the Bharatiya Mazdoor Sangh (BMS). BKS leader Prabhkar Kelkar said: “We want to ask, why are you standing with industry? Why the Land Ordinance? We are going to write to all the Lok Sabha MPs, across all parties, against it.” Apart from lobbying against the Land Ordinance, they are

Raising a non-issue WHEN Arvind Kejriwal’s wife Sunita attended the Aam Aadmi Party’s victory ceremony, there were apprehensions that this might land her into trouble. Sunita is an Indian Revenue Service official. Chapter 5 of the Central Civil Services (Conduct) Rules, 1964, states: “No government servant shall be a member of, or be otherwise associated with, any political party or any organization which takes part in politics nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.” Sunita Kejriwal’s presence in

February 28, 2015

the victory ceremony at AAP’s headquarters does not violate any of the provisions enshrined in the aforementioned CCS Conduct Rules because she is neither a member of AAP nor associated politically with the said party. Sunita did not take part or assist any political movement of AAP. At the ceremony where she was on the dias, she was introduced to the general public only in capacity of being Arvind Kejriwal’s spouse. It does not attract any disciplinary action as per the Civil Services Conduct Rules, 1964.

upset about the government’s food procurement scheme, the proposed reforms of the public distribution system and the green signal to trials of genetically engineered (GE) seeds for food crops. The SJM has joined the BKS to oppose GM crops and the BMS is protesting against labor policy reform. POLITICAL JOCKEYING Thus far, the RSS has held the opposition in check. But with Modi on the back foot postDelhi, more give and take between the two centers of power in the sanghiverse may be necessary. Nagpur will definitely also have a say in whether or not Shah gets a second term as the BJP president at the end of the year or cedes the post to a former party chief, Rajnath Singh being the frontrunner. The future of the BJP’s three most prominent chief ministers—Vasundhararaje Scindia, Shivraj Singh Chauhan and Raman Singh— is likely to be another bone of contention. Modi has a good personal equation with the Sangh leadership. According to sources, he ensures that fresh vegetables are sent from the gardens at Race Course Road to the Sangh HQ in Delhi every day. Building of a new HQ to house the RSS is also on the agenda. This relationship is likely to stand him in a good stead. But changes within the RSS setup are expected in March and may well impact the RSS-party dynamic. IL

LEAD/ delhi elections/survey

Modi for center, AK for Delhi T

HE Delhi election results were stupefying. No matter how much analysis is done of it, the root cause of the Kejriwal tsunami is difficult to understand. And the making of this historic and emphatic win started in January. In a survey conducted among Delhi voters by PEACS News Services Pvt Ltd, many interesting figures popped up, leading to psephologists and experts disagreeing with each other prior to the results. But post the AAP landslide, these figures explain why they were so astonishing—they were simply leading to the results. Incidentally, the survey was conducted among 1,305 people between the ages of 18 and 55 and above, from 35 assembly constituencies and 105 booths. Take the following questions in the survey. When the people of Delhi were asked who was the most popular leader in this state, 42 percent said it was Arvind Kejriwal, while only 16 percent said it was Narendra Modi and 9 percent, Rahul Gandhi. The remaining were not sure. The interesting point to note here is that although Modi was a bigger leader than Kejriwal on a national scale, strangely, when it came to Delhi, Kejriwal was a bigger leader. ROOTING FOR KEJRIWAL The reason for this discrepancy is that people know that Modi cannot be at the state and center simultaneously. As a result, when asked who the best candidate for chief minister was, 51.2 percent said it was Kejriwal, while 27.1

respondents were clear that while modi was the man they wanted at the helm of the country, it was aam aadmi kejriwal that they wanted as delhi cm By Shamshad Khan percent said it was Kiran Bedi. Only 8.6 percent said that it was Ajay Maken and 13.1 percent said that they do not know about it. This is also reflected in the actual results where the AAP got 54.3 percent of the vote share. Another interesting point to note was the shift in the way campaigning took place after the 2014 general elections. From issued-based campaigning as in a typical democracy, it became personality-based like in a presidential election. During the Delhi elections, Kejriwal fought on issues and his personality too was riding on it. The survey proved it. When Delhiites were asked whether politics today was personality based, 50.2 percent said yes, while only 21 percent said it was about issues, while the remaining 28.8 percent were not sure. What were the issues taxing people? While 32.1 percent said it was corruption, 20.9 percent said it was women’s safety, 17.4 percent, development, while 13.2 percent said price rise. When asked which party or candidate could solve their problems most effectively, 42.6 percent reposed their faith in Kejriwal. This result should be linked to the two biggest promises of the AAP—corruption and reducing prices. Kejriwal is obviously the man of the hour for Delhi. The big question is whether he will be able to deliver. IL

(The writer is senior psephologist and managing director at PEACS Research)

INDICATORS IGNORED A pre-poll survey by PEACS News Services Pvt Ltd revealed the following:

Most popular leader in the state

42% Arvind Kejriwal 16% Narendra Modi 9% Rahul Gandhi Remaining: Not clear

Best candidate for CM

51.2% Arvind Kejriwal 27.1% Kiran Bedi 13.1% Not sure 8.6% Ajay Maken INDIA LEGAL February 28, 2015

INVESTIGATION/ central bureau of investigation

THE HOUSEKEEPING RACKET

ORMER CBI director Ranjit Sinha got a lot of flak for misusing his official residence to conduct meetings with several high-profile businessmen probed for various scams. Now, another case has surfaced, this time of a junior CBI official who has misused his authority to post several CBI staff at the private residence of a relative in Noida, a non-CBI official. What is galling is that these staff draw their salaries from the CBI, thereby violating rules and regulations. According to sources, the Superintendent of Police (SP), Pankaj Singh, who was posted at the CBI Headquarters, had deputed five staff to the residence of his close relative, RK Singh, former home secretary and presently, BJP MP from Arrah, Bihar. They are of the rank of constables and head constables and are working as helpers, drivers and a cook for more than two years. VIOLATION OF RULES The question is why would Pankaj Singh oblige his high-profile relative when there is clearly a violation of service rules? Sources say RK Singh helped Pankaj get a three-year CBI deputation from the CRPF where he was

February 28, 2015

the premier investigating agency has the knack of getting into the news for the wrong reasons. this time, it is over deputation of its staff to private residences as helpers, drivers and cooks. is this how public money should be spent? By Vishwas Kumar and Prabir Biswas

VACANCIES GALORE These were posted on the CBI website

Designation Head Constable Constables Halwai-cum-cook Assistant Halwai-cum-cook

Sanctioned strength

Actual strength

Vacancy

583 1,903 2 16

554 1,741 1 12

29 162 1 4

working, simply because he wanted his own man there. Pankaj is a non-IPS officer and the only way to bring him into the CBI was to fill in the vacancy of additional SP, which does not require one to be from Indian Police Service. Thereafter, he was promoted as SP. Incidentally, RK Singh and Ranjit Sinha were classmates and Pankaj was brought in when Sinha was director CBI and RK Singh was home secretary. As per the CBI manual, around 40 percent of the staff can join the agency on deputation from other government organizations for a minimum period of three years. India Legal accessed documents showing the duty chart of various CBI officials. They show that five employees were posted at RK Singh’s residence. Their names are: M Jagadishwara (constable), DN Choubay (head constable), Suraj Bahadhur (constable-cum-cook), Pramod Kumar Tomar (head constable and driver) and MJ Rao (constable). However, in the CBI’s admin and training division record accessed by India Legal, these employees were shown posted at the CBI Headquarters. This, says sources, is to facilitate them to withdraw salaries and other employment benefits from the premier agency. And if they go on leave, new staff is posted at Singh’s residence, obviously at the behest of Pankaj. Incidentally, Pankaj is well-known in CBI for using deputed constables and head constables for personal or household work for a month or two, before allocating them official work. But in RK Singh’s case, it has gone on for more than two years. MENIAL WORK These staff are mostly deputed in different units of CBI to carry out “menial work” and

assist officials in investigation and administration. With the agency’s hands filled with high-profile cases like 2G scam, Coalgate and Saradha scam, there is an acute crunch of “office helpers” to prepare and store enormous paper work. For example, there are around 100 personnel helping to unravel the 2G scam, including several helpers who prepare photocopies and carry voluminous documents to court hearings daily. However, Singh is not the only retired babu who is enjoying CBI’s hospitality. A list assessed by India Legal shows a rampant “housekeeping” racket run by the CBI for years at the cost of the public exchequer. There is former CBI director, AP Singh, who had to recently resign from the UPSC for his friendship with hawala dealer Moin Qureshi, who still enjoys the “service” of six CBI staffers. They are: Head constables Raghbir Singh and Ram Kailash Yadav and constables Balbir Singh, Biresh Ghosh, Kishan Chand and Durga Lal Giri. There are others bureaucrats too, who have illegally used deputed staff. There is Alka Sirohi, who, as secretary, Department of Personnel and Training (of which the CBI is a part), had head constable, Virender Singh, assigned at her home for personal duties 15 years back. Today, she is a member of the Union Public Service Commission (UPSC), yet, Singh continues to serve at her house. India’s steel frame, CBI, is, obviously, on shaky grounds. IL

MISUSE OF POWER (Facing page) CBI needs to clean up its stable on wrongful use of its workforce (From top) BJP MP RK Singh and former CBI directors AP Singh and Ranjit Sinha

INDIA LEGAL February 28, 2015

ECONOMY/ union budget 2015-16

IS MODI’S EL the delhi elections make the union budget even more crucial. it’ll test whether modi can keep his promise of a new world of economic opportunities for the neo-middle class. the ball is now in fm arun jaitley’s court By Sutanu Guru 26

February 28, 2015

Photos: UNI

DORADO AT HAND? M

ANY decades ago, the legendary ad man David Ogilvy wrote: “The consumer is not a moron; she is your wife.” In the contemporary discourse on the politics of economics and the economics of politics in India, one can perhaps be forgiven for rephrasing those words as: “The voter is not a moron; he or she is your neo-middle class aspirant.” When Prime Minister Narendra Modi won a historic electoral victory in May 2014, there was near consensus that aspirational neo-middle class Indians, who formed a large part of the electorate, wanted better economic and job opportunities. Almost nine months later, Modi now faces his real test of purpose, resolve and perceived ability to deliver his own version of a new economic El Dorado. And the man who could reinforce the popularity of Modi or take him down the path of unmet expectations is Union Finance Minister Arun Jaitley, who will present the budget on February 28. While budgets are often over-rated as instruments of policy change, they do send powerful signals to investors as well as consumers. And it is here that Modi faces a challenge and a dilemma. If one goes easy on jargon like fiscal deficit, stimulus package, new tax regime, GDP growth rate and inflation rate, it all boils down to something simple. The challenge is to ensure that the budget encourages investors to start investing and consumers to start spending. Without either of the two happening and happening quickly, there is simply no way that the Indian economy can go back to the near double-digit growth rates achieved for many years under the previous regime. Without high GDP growth rates, the promise of better job opportunities to neo-middle class Indians will remain a mirage. You don’t need to be a

LOW ON PERFORMANCE (Facing page) Jaitley’s maiden budget was slammed by analysts. This time, he will have to trigger investment despite Modi’s Make in India hoopla, improve infrastructure (top) and contain inflation (above) INDIA LEGAL February 28, 2015

ECONOMY/ union budget 2015-16

According to a business confidence survey, 54.2 percent felt nothing had changed in the last six months. But industry leaders felt there was hope.

political pundit, then, to figure out what could happen to Modi and the BJP in the 2019 Lok Sabha elections. And it is here that Modi faces a dilemma. Many commentators are not entirely convinced that Jaitley can deliver what Modi badly needs. Last year, amidst a lot of hype and hope, Jaitley presented the first budget of the new NDA regime. Even die-hard BJP supporters could only manage excruciatingly polite applause, while independent analysts slammed the budget as a damp squib. CHIDAMBARAM’S BUDGET Here is what economist and columnist Swaminathan Aiyar wrote about that budget: “It’s not a radical Modi budget but a Chidambaram budget with saffron lipstick added. Many of Arun Jaitley’s budget figures and policies resemble those in Chidambaram’s interim budget. Many thought Jaitley’s maiden budget would produce a major vision for five years, major reforms and

TOP PRIORITY (Above) The budget needs to deliver on better economic and job opportunities (Right) If the growth rate does not improve, neo-middle class consumers will stop spending

February 28, 2015

some bitter medicine. Sorry, there was no great fiscal vision, only minor reform, and sugar-coated pills rather than bitter ones. Instead of being long on vision, the budget speech was long in duration (almost twoand-a-half hours). My personal budget rating: 4.5 out of 10, not because Jaitley proposed anything terrible but because he could have done so much more.” Since then, economists have known that despite a lot of noise and new policies, including dismantling of the Planning Commission and a much-hyped “Make in India” campaign, the performance of the economy continues to be sluggish. The industry body, Assocham, conducted a Business Confidence Survey of Indian CEOs recently and concluded: “As many as 54.2 per cent of the respondents in the confidence measuring survey said not much has really changed at the operating level in the last six months, but more number of industry leaders expressed optimism about the shape of

Rocky road ahead Formidable challenges faced by Team Modi: Stimulate investment: This is the biggest challenge confronting Jaitley. Business tycoons will admit privately that they prefer to invest abroad rather than in India. They still do, despite the “Make in India” hoopla. Global investors are even more skeptical. Without a massive booster dose of investments, the growth rate will not improve and neo-middle class India can kiss its dreams goodbye. Stable and transparent tax regime: Old habit of perpetuating discretionary powers has led to a terribly corrupt tax regime. Can our finance minister bite the bullet? Implementing goods and service tax (GST): India is a series of fragmented markets rather than a national one because of outdated sales and local tax administrations. A pan-Indian GST is the only solution. Efforts to implement this have been on since Atal Bihari Vajpayee’s time. Team Modi has staked a lot on this. Reviving consumer confidence: The last stretch of the UPA regime dealt a body blow to consumer sentiments, best reflected in real estate and automobiles which have been in the dumps since the end of 2012. Many Indians have postponed their decision to buy cars and houses. This budget promises to be a decisive year. Maintaining fiscal sanity: Unbridled populism and profligacy combined with a leaky tax regime played havoc with budget numbers, leading to sustained inflation. Can Jaitley restore the sanctity of numbers? Infrastructure incentives: Modi's ability to win another election in 2019 will depend on how quickly he improves infrastructure, be it mining, construction or highways. Ending inspector raj: During the election campaign last year, Modi harped on the tyranny of inspector raj. People hope for limited changes here. Managing skills: There is a hopeless mismatch between what employers want and the skill set of young Indians. In 2019, close to 500 million young Indians would be looking for better job prospects. Beginning this year, Jaitley must use budget allocations to meaningfully solve this problem. Containing inflation: Jaitley is lucky here, thanks to a steep fall in global oil prices and some good management of supply chain bottlenecks. He has to ensure the budget doesn't send inflationary signals. Managing Rajan: The working relationship between Jaitley and RBI Governor Raghuram Rajan (right), along with other key people like economic advisor Arvind Subramanian and Niti Ayog head Arvind Panagriya will have a crucial role in determining economic revival.

Anil Shakya

INDIA LEGAL February 28, 2015

ECONOMY/ union budget 2015-16

“I strongly suspect that your conduct shows that you too like many others do not want the truth to come out. Your public statements… are product of a troubled conscience and mental confusion, a deadly combination....” — Ram Jethmalani attacking Arun Jaitley for not recovering black money stashed abroad

February 28, 2015

things to improve going forward.” According to official data release at the end of January, core sector growth, which measures the output of eight infrastructure industries, dropped sharply to 2.4 percent in December from 6.7 percent in the same period last year. As many other statistical indicators show, the Modi March towards double digit GDP growth remains a distant dream. WHERE IS THE CHANGE? As every reader will recall, the two words that resonated throughout the election campaign last year were parivartan (change) and vikas (development). Even those not favorably inclined towards Modi, accepted that he was successful in communicating his promise of “real change”. Indian voters were dismayed by scams, red tape, arrogance and indifference of the ruling Delhi establishment. Modi was never part of this establishment and sounded credible to voters. But if economics is about numbers, politics is often about perceptions. And it is here that Jaitley, and as a consequence, Modi suffered a jolt some months ago. One of the key promises made during Modi’s electoral campaign was about exposing, shaming and punishing the corrupt and bringing back black money to India. It was natural for opponents of Modi to slam his government when it basically stuck to the old UPA stand about not revealing names to the Supreme Court of those Indians with illegal accounts

abroad. There was a lot of spin during this controversy and even Modi supporters like Ram Jethmalani launched a frontal assault on Jaitley. In a widely discussed letter to Jaitley, Jethmalani wrote: “I strongly suspect that your conduct shows that you too like many others do not want the truth to come out. Your public statements… are product of a troubled conscience and mental confusion, a deadly combination....” Now the aspirational neo-middle class Indian voter may not be familiar with the jargon about black money. But then again, he or she is not a moron. If you talk to BJP insiders, much of this friction and rhetoric has to do with the persona of Jaitley. Social media activists played an almost evangelical role in Modi’s rise to power. And, they are not terribly fond of Jaitley. It is a peculiar situation. Among top BJP leaders, Jaitley is known to have cordial relations with almost everyone in the mainstream media. He is also known to be media savvy. No none in mainstream media was surprised when Jaitley gave an exclusive interview to Barkha Dutt of NDTV, explaining the government position on black money. But for Modi fans in social media, it was as if Jaitley had committed heresy or apostasy. The fussilade of attacks against Jaitley and even Modi on social media soon after that interview was revealing. It is against this backdrop that the next budget becomes crucial. For India Inc and other stakeholders in the economy, it might be about numbers. But for Modi, it will be about political signals. The polarizing re-marks from Sangh Parivar have deeply troubled even some Modi fans. But, they still believe he will keep his promise of a new world of economic opportunities to neo-middle class India. The ball is in Jaitley’s court to provide some answers on February 28. The landslide AAP victory indicates that Modi might be running out of time. IL

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ECONOMY/ oil prices

the government is taking undue credit for decreasing oil prices. it would do well to establish a fund where excess money earned from low crude oil prices can be deposited and used for stabilizing prices later By Sabiha Farhat 32

February 28, 2015

N the run-up to the Delhi elections, BJP president Amit Shah and Prime Minister Narendra Modi were heard wooing voters by recounting how the government had brought down petrol and diesel prices. “Hasn’t the Modi government brought down prices of petrol and diesel?” asked Amit Shah at a rally. The response was a loud “Yes”, accompanied by thunderous applause. But as Abraham Lincoln said: “You can fool all the people some of the time, and some of the people all the time, but you can-

THE SLIPPERY POLITICS OF

GOLD 2015). It is just the luck of the Modi government that falling oil prices matched with its arrival. But are the prices really as free as we have been told?

not fool all the people all the time.” The BJP government’s happiness was indeed shortlived, as the Delhi election results showed. Petrol prices were deregulated by the Indian government in 2010 and diesel prices were undergoing deregulation in a staggered manner. In October 2014, the current government “completely” linked diesel prices to the international market. This was just the right moment to deregulate diesel, as international crude oil prices fell from $115 per barrel (June 2014) to $44 per barrel (January

WINNING PROPOSITION The government companies that import crude oil are ONGC (Oil and Natural Gas Corporation) and OIL (Oil India Limited). They sell the crude oil at a discounted price to oil marketing companies (OMC). The “refiners cum marketers” are IOC (Indian Oil Corporation), HPCL (Hindustan Petroleum Corporation Ltd) and BPCL (Bharat Petroleum Corporation Ltd). OMCs have a refinery arm and a marketing arm. The refinery unit converts crude oil into diesel, petrol and other products. It sells the same to its own marketing unit at an international price. The marketing unit sells it to the end consumer at a retail price, pre-determined by the government. As a subsidy payout, the government pays back this loss to OMCs from the money it generates by taxing us on petrol, diesel and other products. And that’s the reason for the heavy INDIA LEGAL February 28, 2015

ECONOMY/ oil prices

While it may be the right moment to deregulate diesel prices when international prices are falling, what will happen when these soar again? excise duty on petrol and diesel. In the recent past, consumers have paid as high as 52 percent excise duty, with every price hike generating more revenue for the center. Add to this the direct tax paid to the government by oil companies and it is a winner all through. But what the government promises under deregulation is that it will no longer decide the price of petrol and diesel and that these will now depend on international market rates and OMCs. So what does that translate to? A barrel contains 159 liters of oil. Considering that the price of oil hovers around $50 a barrel and the dollar-rupee exchange rate being around `62, a barrel of oil would cost us `3,100 or `19.49 per liter. Add to this an average pro-

February 28, 2015

cessing cost of `4 per liter, transportation, freight, packaging and refinery margin of `3.50 per liter, import duty of `4 per liter, commission to the petrol pump dealer at `2 per liter and your gross price of petrol will add up to `33 per liter. Add to that taxes, of which VAT goes to state governments and excise duty to the central government. At the current rate of `56 per liter for petrol, the government is earning `23 on every liter. Besides this, the government collects revenue from OMCs in the form of direct taxes. In a written reply in the Rajya Sabha, Jaitely said that the initial excise duty hikes within a span of three weeks would fetch the exchequer `10,500 crore in the remainder of the fiscal ending March 31,2015. The government later went on to raise the excise duty on two more occasions, bringing up the estimates to nearly `18,000-20,000 crore this fiscal year. This revenue through taxes is a variable. Between November and January, there have been four hikes in excise duty, steadily raising government collections. So are the prices really deregulated?

Oil prices since 1987

$150 $125 $100

Record high prices Civil war in Libya

Demand growth in China

$75

Economic recovery

$50

Financial crisis

$49

$25

1987

1999

2008

2015

Spot price of Brent Crude per barrel, as of January 23, 2015 (Joss Fong/Vox)

Lalit Khitoliya

“Presently, the prices are being moderated by the government,” says Narendra Taneja, an energy expert. “The Indian government needs to innovate and establish a Petroleum Price Stabilization Fund where the excess money that is being earned from low crude oil prices presently should be deposited. This money can be used for stabilizing petrol and diesel prices later when the international prices go up,” he says. He feels the government will be forced to intervene on behalf of consumers as oil is a “strategic commodity”. TESTING THE WATERS “As prices have been deregulated, technically, the oil companies are free to set their own price,” says Gaurav Moda, Partner, Oil & Gas, KPMG. He points out the context in which this scenario has to be looked at. “The government tested waters with petrol price deregulation, which affects the middle class most. Once they realized there was not much public outcry when the prices peaked, they went ahead with petrol deregulation. But diesel cannot be treated likewise, as a hike here will directly hit many other commodities such as vegetables and general transportation and their prices will shoot up. So the government is playing the role of a ‘facilitator’. It is supporting the market. Deregulation cannot be instant,” he says.

While it may be the right moment to deregulate diesel prices when international prices are falling, what will happen when these prices begin to soar again? “This is a transition phase, the government will have to play facilitator for at least 2-3 years before completely opening up the market,” says Gaurav Moda. “Even oil companies that want to enter the Indian market will wait and watch.” The crucial question is whether or not the government will moderate or support the market when the prices climb? This, like everything else, will be decided by the politics that will be played 2-3 years hence, when the government will be preparing for its second term. Anything that will hurt the voter will hurt the government’s interest. So even though today the government is taking credit for its bold steps, will it deregulate diesel by keeping a fixed tax structure (excise duty)? That remains to be seen. The government may be able to walk the talk on oil if it pursues its development agenda. Finance Minister Arun Jaitley, while deregulating the oil prices, had claimed that the revenue earned will go into infrastructure development. If that happens, the consumer may be bought into a price hike led by international crude oil prices which are expected to go up to a minimum of $70 a barrel by the year-end. IL INDIA LEGAL February 28, 2015

AVIATION/ foreign joint ventures

Let’s fly with Make in India

modi’s budget will show the seriousness of his “make in india” campaign. can the civil aviation sector, which has many indian companies striving to make the pm’s dreams come true, thrive despite rules, regulations and tax constraints?

By Shobha John

T’S the season for all kinds of slogans, be it for elections or for economic prosperity. And the flavor of the season is “Make in India”, pegged to Prime Minister Narendra Modi’s campaign slogan to attract businesses from around the world and catalyze manufacturing. Meant to generate more jobs and make India a self-reliant country, its ripples are already being felt in the civil aviation sector. The coming budget will show just how

February 28, 2015

serious the government is. Incidentally, the forthcoming Aero India 2015 show in Bengaluru from February 18 to 22 will also have “Make in India” as its central theme. Unlike other sectors, aerospace manufacturing is a complex industry needing highly technical research, advanced manufacturing processes and very skilled people with strict standards of excellence. While earlier this manufacturing used to be with government entities such as Hindustan Aeronautics

Limited (HAL), today, private players such as Tatas, Mahindras and Wipro are coming to the fore. They are contributing either by way of expertise or manufacturing various components for the final aviation product. GLOBAL JVs And in a ringing endorsement of Indian skills, the US Federal Aviation Administration (FAA) approved in January, for the first time, a life raft developed in India for use by manufacturers in the US. The four-person raft was developed by UTC Aerospace Systems (UTCAS), which designs, manufactures and services integrated systems and components for aerospace and defense industries. In addition, Tatas, HAL, Dynamatic, Aequs and Moog are

some of the other Indian companies exporting parts to big aircraft manufacturing companies such as Airbus, Boeing, Lockheed Martin, Sikorsky and Bell. While this is a drop in the ocean, it may be the beginning of things to come if Modi’s well-intentioned dream is translated on the ground by bureaucrats and regulators under various ministries. But the case of the MRO (aircraft maintenance, repair and overhaul) industry, a potentially $700-million-a-year money-spinner, shows how “Make in India” could remain just hype if taxes and custom duties are not cut (see Box). So, unless these hurdles are tackled fast, many industries would find it unviable to operate in India and would prefer to locate elsewhere, leading to loss of foreign exchange and Indian jobs. Nonetheless, Indian technical expertise and manpower have surmounted many challenges and been recognized by the best of foreign companies. Take UTCAS, India, which has a facility in Bengaluru. Established in 1997 with 12 employees to provide MRO support for airlines in India and the Middle East, today, it has over 2,400 employees and is an integrated manufacturing, engineering and sourcing hub. The products being built include aircraft evacuation systems, aircraft interior and exterior lighting, cargo systems, pilot and cabin

WE DID IT! An S-92 cabin being made in a joint venture between Tatas and Sikorsky in Hyderabad

AVIATION/ foreign joint ventures

“Rules create hurdles in MRO business” Air Works is one of the biggest independent MRO companies in India, catering to both commercial and general aviation, and has an enviable reputation, both in India and abroad, providing maintenance to customers such as Air Arabia, Etihad, Mihan Lanka, Qatar Airways, Royal Jordanian and Tiger Airways. If Prime Minister Narendra Modi’s “Make in India” concept actually takes off, MRO business will boom, as the potential for it in India is around $700 million. VIVEK N GOUR, manag-

ing director and CEO of Air Works, tells SHOBHA JOHN that while Modi’s concept is laudable, the ground reality is that no MRO competency outside government-owned Air India has been allowed to develop at any airport owned by Airports Authority of India. Things should change if India has to beat growing competition in this field, he stresses. Prime Minister Modi’s “Make in India” concept is the backbone of his government policy. The MRO business is important for that context. How huge is this business in India? India spends about $700 million on MRO services. Of this, only $175 million is spent in India, the rest goes abroad, as Indian carriers send their planes there for MRO services. Indigo, for example, sends its fleet to Sri Lanka; SpiceJet, mainly to Malaysia and Jet, often to Abu Dhabi.

What is the quantum of MRO business Air Works gets in India? We do MRO for Vistara and Jet. Our maintenance capability covers business and commercial jets, twin turbo-props and helicopters. We maintain about 100 business aircraft and helicopters. We get $25million MRO business in India, while $95 million is delivered from our subsidiaries abroad. That’s a huge loss for India. What are the factors responsible for this? There is the 12 percent service tax in India, plus 13 percent royalty on total sale value of the invoice. That’s a total of 25 percent tax on the MRO industry here, making it unviable. In other countries, MRO is a tax-free industry. Then, there are inadvertent rules by government agencies, which have created hurdles. For example, the Airports Authority of India has not provided facilities (be it land, hangers or space) to independent MRO operators at any of its airports. Though Air Works has given several presentations to various ministries, be it aviation, finance or commerce, nothing has come out of it. Air Works does a lot of MRO work abroad. What are these? We have subsidiaries in the UK, France, UAE, Nigeria, Slovak Republic, Nepal and Hong Kong. Ninety percent of our profits come from outside India, be it MRO, charters, aircraft painting or management. We are also looking at Maldives and Malaysia. In what ways are these countries easier to do business with? Malaysia, for example, has a single-window clearance and there is no suffering

February 28, 2015

of forms to be filled. It has also appointed our equivalent of a joint secretary from their ministry of industrial development to move files. It provides grants, term loans and land, plus a menu card on tax concessions. The difference in attitude and courtesy is stark. To support growth, Air Works has a 10,000 sq-meter hanger space in Hosur near Bengaluru, which has been taken on a 25-year lease from a private company. What sops would you want from the government so that the MRO business is attractive here? We would like changes in the Served from India Scheme, meant to accelerate growth in export of services. It is a duty credit worth 10 percent of the foreign exchange earned by Indian service providers and can be used to import goods such as tools and test equipment. But this benefit is mainly for manufacturers; the MRO sector doesn’t import much. Which are the countries giving India a run for their money in the MRO business and how? Many neighboring countries are taking away our business by being more costeffective. For example, MRO work in India would cost $48 an hour approx, which includes taxes. Compare that to Dubai’s $45, Sri Lanka’s $34 and Malaysia’s $32, and you know how far India lags.

attendant seats, flight control motors, actuation systems and sensor systems. The company got a fillip with FAA’s recent approval, which allows UTCAS to directly send parts to manufacturers in the US. Aircraft parts from India and elsewhere undergo stringent checks in the US before they can be used by their industry. In that sense, UTCAS’ life raft is an international certification and testimony to the strong technical know-how in India.

LOCAL WHEREWITHAL Air Works doing maintenance work in Hosur, near Bengaluru

EMERGENCY EQUIPMENT Chris Rao, vice-president and head, UTCAS, India, says that with FAA’s approval, its Bengaluru unit is among the first Indian entities to domestically produce and export an aviation product to aircraft manufacturers in the US. “The approved product, a fourperson life raft, is compact and lightweight and enables passengers and crew in the aircraft to evacuate in case of an emergency landing on water. We have been working closely with the Directorate General of Civil Aviation (DGCA) and the FAA for over 6-7 years to get this.” The raft will be used by US-manufactured general aviation aircraft manufacturers and carried on board. Rao says that one of UTCAS’ strengths is its “ability to build outstanding products, meeting the highest quality standards and our ability to establish a local supply chain and hire and train engineers with a global perspective.” Then, there is American company INDIA LEGAL February 28, 2015

AVIATION/ foreign joint ventures

STAMP OF APPROVAL UTCAS’ four-person life raft, has been approved by the Federal Aviation Administration of the US

CHRIS RAO OF UTCAS INDIA “One of UTCAS’ strengths is its ability to build outstanding products, meeting the highest quality standards and our ability to establish a local supply chain and hire and train engineers with a global perspective.”

Sikorsky, which has a joint venture (JV) with Tatas for making cabins for its S-92 choppers in Hyderabad. While this is for the defense sector, it again shows the ability of Indian companies to surmount all odds to be part of a global supply chain. Already, more than 75 cabins have been produced and the unit has become 100 percent indigenous. Air Vice Marshal (Retd) Arvind Walia, regional executive, India & South Asia, Sikorsky, told India Legal: “We started off our operations in a completely greenfield environment a few years ago in Hyderabad. Today, the aerospace ecosystem there has come a long way and production has increased from two cabins a month in 2012 to four.” Walia said that Obama’s visit gave a boost to the Indian defense and aerospace industry. “To fully exploit the investment accruing from this, current policies should be interpreted liberally and positively. Meaningful terms of trade will ensure a large number of Indian companies becoming part of the aerospace global chain and a boost to indigenization.” Sikorsky plans to expand its manufacturing base in India and transfer technology and intellectual expertise. AIRBUS INTERESTS For aircraft manufacturer Airbus too, India is a market it is keenly watching and wanting to engage with. After all, it is among the fastest growing markets, with a predicted annual traffic growth of above nine percent over 10 years (2014–2023). With many Indian airlines such as IndiGo, Go Air, Air

February 28, 2015

India, Jet Airways, Air Asia India and Vistara opting for Airbus variants, the company has deep interests here. Indian companies are contributing to engineering design, sub-assemblies, and major components. Airbus India employs over 350 engineers in Bangalore and 5,000 professionals nationwide on various programs. Dwarakanath Srinivasan, managing director, Airbus India, says that in 2013 alone, procurement from India reached approx Euro 300 million. “There’s a bit of India in every Airbus,” he attests. Airbus reached an agreement with HAL to manufacture doors for its A320 planes in 1988. Today, HAL manufactures 50 percent of all forward A320 family doors, while Dynamatic Technologies Limited (in partnership with SPIRIT Aerostructures) produces flap track beam (used on the wings) assemblies for Airbus single aisle planes such as the A319s, A320s and A321s. It has got a contract for long range aircraft (the A330 family), making it the first company in the Indian private sector to become a global tier one supplier to Airbus. In addition, Tata Advanced Materials (Bangalore) has partnered with SPIRIT Aerostructures to produce composite parts for the A350 XWB program. TATA, Mahindra and AEQUS have provided part for Airbus’s engineering services, aero-structures and other systems.

Meanwhile, Airbus’s centre in Hyderabad specializes in high-tech aeronautical engineering and has more than 350 engineers engaging in modeling and simulation, computational fluid dynamics, structures as well as digital simulation. These are critical in the design and production of high-performance aircraft like the A380, the single-aisle NEO and the A350. Infosys, Tech Mahindra, Tata, Geometric and WIPRO have been selected to provide Information System Services to Airbus/Airbus Group. In addition, a pilot training center in Bangalore and Greater Noida has trained many pilots. BOEING FOOTPRINT Meanwhile, Boeing too has been working with aerospace suppliers in India for over two decades and has invested over $100 million over the last few years in the Indian supply chain in developing their capabilities. It has set up a factory with TAL (a Tata enterprise) in Nagpur to produce composite floor beams for the Boeing 787-9, one of the most advanced aircraft. It has over 18 suppliers in India, providing aero structures, wire harness, composites and avionics mission systems for its 777s and 787s programs. However, all this activity cannot take away from the fact that “Repair in India” is as important as “Make in India”. This will give the MRO industry a spurt, says Amber Dubey, partner and head, Aerospace and Defense, KPMG. “Excessive tax and airport charges have forced Indian carriers to fly planes out of India for MRO. The Ministry of Civil Aviation should coordinate with those of commerce and industry to modify the Served from India Scheme so that export of MRO services is treated at par with export of “Made in India” products.” NEEDED, A TAX BREAK To make Modi’s dream come true in the civil aviation sector, Dubey suggests the government should provide a 10-year tax holiday on aeronautical manufacturing, MRO and import of aircraft. “Encourage states to extend the tax

Destination India What makes India’s civil aviation market so attractive? This is what the Government of India’s website on “Make in India” says: Growing market: It is the 9th largest market; will be the 3rd largest by 2020 Will have 800 aircraft by 2020 Catered to 163 million passengers in 2013; could go upto 209 million by 2017 Hopes to host 60 million international passengers by 2017 Has 85 international airlines connecting over 40 countries The aviation sector is likely to see investments of $12.1 billion during 2012-17 India plans to increase the number

of operational airports to 250 by 2030 Airports Authority of India plans to

spend $1.3 billion on non-metro projects between 2013 and 2017 Financial sops offered: Aircraft engines and parts eligible for duty exemption when imported for scheduled operations Development of new airports in tier I and tier II cities Basic customs duty exemption for parts and testing equipment for MRO Budgetary support to AAI for airport infrastructure in the North-east

holiday to local VAT. The multiplier effect of new investments and jobs would generate revenue from consumption taxes several times over.” Among other suggestions, he adds: “Establish an independent Aeronautics Commission with a budget of around `500 crore for cutting-edge research. Allocate `1,000 crore to establish four national aviation universities. India should push for codevelopment programs with the US, Russia, UK, France, Israel, etc. And most importantly, ensure world-class infrastructure—uninterrupted power, water, land, access to ports, airports and highways, etc.” Analyzing Modi’s “Make in India” concept, industrialist Vinay Bharat-Ram wrote in The Indian Express that while it was a laudable objective, modern machines (such as planes) use components and sub-assemblies put together to get the final product over time. BharatRam wrote: “The question is what proportion, in terms of components and sub assemblies of the final product, should be made indigenously and what proportion imported. This is largely determined by the foreign exchange rate, assuming the interest rate and other cost factors as given….” And in a highly intensive and complex sector such as aviation, it is these factors that will finally determine the success of Modi’s dream. IL

AIR VICE MARSHAL (RETD) ARVIND WALIA OF SIKORSKY “Obama’s visit gave a boost to the Indian defense and aerospace industry and India needs to fully exploit the investment accruing from this.”

INDIA LEGAL February 28, 2015

NATIONAL SECURITY/ al-qaeda threat

IN THE CROSSHAIRS a recent al-qaeda threat to a tamil daily has shown that india is very much on its radar. security forces would do well to gird up their act By Vishwas Kumar

week after terrorists attacked French satirical magazine Charlie Hebdo’s office in Paris and killed several of its staffers, a Tamil daily, Dinamalar, received a letter by post at its Chennai office from Al-Qaeda, threatening it with similar punishment. The letter, addressed to the daily’s editor and signed in Al-Qaeda’s name, delivered the chilling message: “Yesterday Paris—Charlie Hebdo, Tomorrow Dinamalar”. It carried a map of India with the message typed across and a picture of Al-Qaeda’s deceased leader, Osama bin Laden, on the right-hand side, with the message, “By Al-Qaeda”, typed in English and Arabic. Incidentally, in 2009, the FBI foiled a plot to attack Danish newspaper JyllandsPosten, which had published caricatures of Prophet Mohammad in 2005. Later, Charlie Hebdo decided to republish these caricatures and on September 2, 2008, Dinamalar’s Vellore edition did the same, creating a huge uproar. Media reports say Muslim agitators first stoned the office of the newspaper and later, destroyed four state-run buses. Around 200 agitators were detained even as the police registered a case. Ever since, the newspaper has remained

February 28, 2015

under threat from Muslim outfits.

EXPANDING OPERATIONS Intelligence agencies too are not taking any chances after Al-Qaeda last year declared its intention to expand operations in India. The Charlie Hebdo issue has already seen violent protests in Pakistan and Afghanistan and in Kashmir Valley. Pakistan-sponsored terrorist groups are trying to cash in on this to start a fresh round of anti-national activities. In fact, there is a direct connection between the Paris attacks and the Mumbai

attacks of 2008. Propaganda videos, literature and articles recovered from terrorists in recent years have revealed that Osama still inspires Pakistan-based terror groups. The 9/11 attacks by Al-Qaeda made Lashkar-eToiba (LeT) chief Hafiz Saeed execute the 26/11 attacks in Mumbai in 2008. Both attacks have similarities in motives, style and execution. The attackers were well-trained, planned their attacks carefully and their motive was to grab international headlines. The only difference was that the target selected in the Paris attack was already identified, whereas in Mumbai, it was random. “…Add to this the high drama that Mumbai and Paris-style attacks generate—televised scenes of manhunts, special forces and sieges—and they begin to look like an even more attractive force-multiplier. For the aim is never simply to kill for the sake of killing. Such attacks are always planned with

HOT SPOTS The Mumbai (left) and Paris (top) attacks helped terrorists to garner international attention; (above) In 2009, the FBI foiled a plot to attack Danish newspaper Jyllands-Posten which had published caricatures of Prophet Mohammad in 2005

INDIA LEGAL February 28, 2015

NATIONAL SECURITY/ al-qaeda threat

“…the aim is never simply to kill for the sake of killing. Such attacks are always planned with broader political goals in mind. The key to defeating the extremists lies in seeing past the horror and understanding their logic.”

broader political goals in mind. The key to defeating the extremists lies in seeing past the horror and understanding their logic,” wrote Matthew Green, a correspondent covering Afghanistan and Pakistan for Reuters.

NEFARIOUS DESIGNS One of the key plotters in the Danish attack was Al-Qaeda’s Ayman al-Zawahri and masterminded by a Pakistani named Muhammad Ilyas Kashmiri, who was trained to carry out terrorist attacks in India before joining Al-Qaeda. In 2009, Kashmiri used an American— David Headley—to reconnoiter the Danish plot. He played a major role in planning and preparing the November 2008 attack on Mumbai and was also sent by Kashmiri to Copenhagen —Matthew Green, Reuters to plan an attack on Jyllandscorrespondent Posten offices. It seems Zawahri later assigned another team to execute the plot against Charlie Hebdo. Headley was later arrested by the FBI. KEY PLOTTERS Al-Qaeda’s key objective (From top) Ayman al-Zawahri, behind the Paris attack was to Osama bin Laden and galvanize the organization once David Headley at the heart of Islamic terrorism but gradually declined when American started its war on terror after 9/11. However, with Charlie Hebdo’s successful attack, the AlQaeda has announced its return with a bang. This is a cause for real concern for Indian security agencies as this attack could be repeated in Indian cities with the help of its affiliated organizations like the LeT. The timing is also significant as it is close to the complete withdrawal of US security forces from Afghanistan. This would free several thousand battle-hardened, well-trained terrorists who were earlier fighting the “bigger evil”, i.e. US forces. Security analysts say most of them would be diverted across the border to India by the Pakistan’s Inter-Services Intelligence. Looks like tough times are ahead for our security forces. IL

February 28, 2015

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The arduous work on liability laws has seemingly yielded a positive result. But is it the end of troubles for the N-deal? 16 ALS0

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DIPLOMCAY/ india’s relations with us, china

TANGO TIME

india’s growing engagement with the us has caused china to become wary. yet, if modi does a fine balancing act, he can play footsie with other nations while guarding his country’s self-interest By Seema Guha

UNI

February 28, 2015

Anil Shakya

S President Barak Obama’s presence as chief guest at this year’s Republic Day celebrations has triggered massive interest in the political and strategic interplay of forces in the AsiaPacific region and the equation between India, China and the US. Obama’s second visit to India is symbolic of the renewed attempt by the two countries to reboot ties that had drifted after the 1995 civil nuclear agreement. Much has been made of the visit and speculation about the strategic content has been avidly discussed by analysts. The easiest explanation for the visit, as well as the one most pleasing to Indian analysts, is that the US is ganging up with India to contain China’s growing military might and flexing of muscles in the region. This has made China’s neighbors wary. A joint statement issued at the end of Obamas’s visit deals exclusively with the importance of keeping the sea lanes of the world safe for commercial movement. The statement chid-

India and China are likely to co-operate on issues of mutual self-interest. Yet, they will compete, more so if India can grow into a credible economic powerhouse. ed China for provocative behavior with its smaller neighbors. SUSPICIOUS OF CHINA The Indian establishment too has been wary of China ever since the disastrous 1962 border conflict when the People’s Liberation Army (PLA) gave an unprepared Indian army a massive drubbing. Suspicion of communist China is deep-rooted in India and public opinion has not forgotten the 1962 humiliation. The unresolved border dispute between these two Asian giants, as well as PLA’s frequent intrusion into India, including the Depsang stand-off in 2013, has added to this mistrust among Indians. So having the world’s only superpower (though in decline) play footsie with India to contain

PREFERENTIAL TREATMENT (Facing page) Chinese President Xi Jinping broke protocol to meet India’s foreign minister Sushma Swaraj during her recent visit to China (Above) India needs China for funds needed to modernize its railways, ports and airports INDIA LEGAL February 28, 2015

DIPLOMCAY/ india’s relations with us, china

PROACTIVE DIPLOMACY (Right) Chinese president Xi Jinping with Prime Minister Narendra Modi during his visit to Gujarat in September 2014 (Below) Suspicion of communist China is deep-rooted in India ever since the 1962 humiliation of India (Facing page top) China would like India to stay out of the Pacific waters (Facing page below) Japanese Prime Minister Shinzo Abe with Modi in Myanmar, last November

PIB

China is something that falls in place naturally here. However, having said that, the world today is much too complicated and interdependent to get into these simplistic black and white grooves. China, too, has been closely watching the Obama visit. Beijing, a self-conscious power that is on tenterhooks over US moves in the

February 28, 2015

Pacific, had warned India not to fall into the trap set by the West to support the US “pivot to Asia”, aimed at countering China. Obama himself commented on this: “I was surprised when I heard that the Chinese government had put out these statements ... China doesn't need to be threatened because we have good relations with India.” He went on to add: “My belief is that in this moment in history, there’s an opportunity to create a winwin formula in which all countries are abiding by a common set of rules and standards and we’re focused on lifting up prosperity for our people, not at the expense of others, but together with each other. That’s what my discussions with Prime Minister (Narendra) Modi have focused on,” Obama told CNN’s Fareed Zakaria. It is quite evident that the Indian government agrees with Obama. Each country today is keen to develop ties with every other nation and India and China are no exceptions. Soon after Obama flew out, foreign minister Sushma Swaraj was off to Beijing on a bilateral visit. While there, she announced that Modi would be visiting China in May. Chinese President Xi Jinping made the

rare gesture of meeting with Swaraj and said China and India have taken “solid steps” to make new progress in bilateral ties. This is significant when as a rule, presidents do not meet visiting foreign ministers, leaving it to their own minister to do so. WOOING INDIA Indian officials confirmed that the Chinese did not raise any query on the statement put out by India and the US after the Obama visit, specially the separate note dealing with the Asia-Pacific. If they were so concerned, the matter would have cropped up. Instead, there were hints that Xi may even return Modi’s gesture (who took him to Gujarat when he visited India in September 2014) by taking him to his hometown. The bottomline is that the Chinese will also woo India and persuade New Delhi that it will serve India’s interest better to work with China. With the US paying renewed interest in New Delhi, India is in a position to go forward and extend ties to both the major powers and do a balancing act which serves its own interests. It will serve neither New Delhi nor UNI

INDIA LEGAL February 28, 2015

DIPLOMCAY/ india’s relations with us, china

CHECKS AND BALANCES (Below and facing page) It helps India diplomatically to get close to US even as it keeps China on tenterhooks

Beijing to oppose each other at every point. India and China will co-operate on issues that affect their mutual self-interest. Yet, at another plane, the two will compete, more so if India in the next few decades can catch up with China and grow into a credible economic powerhouse. For now, New Delhi needs infrastructure projects and is looking for funding worldwide. With both the US and Europe still struggling with an economic turndown, China is about the only country still flush with funds and in a position to make massive investments in India’s railways, ports and airports, which need to be modernized. Chinese companies are already in the infrastructure business in India and would love to

“India will succeed so long as it is not splintered along the lines of religious faith... not splintered along any lines...” — US President Barack Obama on what India needs to do further succeed

expand their market here. China’s concerns about the growing warmth in Indo-US ties is linked with the US’s renewed aim at strengthening its military presence in the Asia-Pacific. The US already has defense ties with Australia, Japan and Philippines and excellent political relations with Singapore, Thailand and Vietnam. While the US sees its alliances as a stabilizing force for the region, China believes the opposite. It would like India to stay out of the Pacific arena. But it can do little to prevent this. SECURITY ISSUES Ever since China has been showing its military clout in the region, talk of a future security architecture for the Asia-Pacific region is very much on the agenda. Conversations between several nations have already taken place. East Asian nations, as well as Japan, which has a long history of animosity towards China, would like India, another large Asian country, to take a more active role in policing the sea lanes and balancing China’s looming shadow. In the past, during the UPA rule, while Prime Minister Manmohan Singh may have been inclined to play footsie with the US, defense minister AK Antony was not. He also had the backing of a large section of Congressmen, traditionally suspicious of the US. With Modi in the saddle, India is expected to play a much more active role. There is now serious conversation between the US, Japan, India and Australia for reviving the quadrilateral security dialogue, which Japanese PM Shinzo Abe pushed in 2007. Abe called it this the arc of democracy stretching from the US and involving Australia, Japan and India. China protested vehemently at that time. With a change of government in Australia, the move fizzled out. Soon afterwards, Abe was also out of government. UNI

February 28, 2015

But now with China even more aggressive over its claims to South China Sea, there is talk of reviving the forum. Abe is also back in power with a comfortable majority. Modi, it appears, is as keen. For India, which has long regarded the Indian Ocean as its main stra-tegic sea way, it will mean expanding this to include the Pacific Ocean, which is gaining in importance because of the growing economy of the Asia-Pacific region. East Asian countries, as well as the US, Australia, Japan and India are keen to ensure that China does not act as the regional bully and yet, none of them want to jeopardize their ties with China. After all, they have thriving economic ties with this Asian giant. Sino-US bilateral trade is around $560 billion. In comparison, Indo-US trade is a meager $100 billion. So, while the collective effort is not to antagonize China, they want to ensure safety of the Pacific sea lanes by cooperative effort. Part of Sino-US strategic and economic dialogue is the new regional security architecture for Asia-Pacific. China, as a major world power, is certainly involved in the security talks. India’s involvement in it will be the new focus. “The way both the US and India approach the issue in the Asia Pacific is very similar. Neither is aiming for confrontation with China or even to contain China’’, said Benjamin J Rhodes, deputy national security adviser to Obama, to The New York Times. Yet, both are committed to a rule-based order in the Pacific. With expectations of an economic turnaround in India, the world is once again looking at it as a good business destination. New Delhi finds itself in a happy position and can make the best use of the opportunity to tango with all nations and secure its needs. And getting close to the US helps India keep the Chinese on their toes and ensure that some caution is used while dealing with this country. IL

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INDIA LEGAL February 28, 2015

PROFILE/ gujarat cm/anandiben patel

she had an unenviable task when she took over as cm of gujarat from a colossus. but anandiben patel has carved a niche for herself through her unassuming manner and her open administration By RK Misra

February 28, 2015

ALKING in outsized shoes taxes the art of balance between pathetic fallacy and potent performance on the one hand and heightened aspirations and ballooning expectations on the other. This unenvious job is the lot of Anandiben Patel, who succeeded the imagery wizard, Narendra Modi, as chief minister of Gujarat and the first woman at that. Stepping into Modi’s shoes is the best of a bad bargain, the legacy of a choked tight governance notwithstanding. A man who had never held any post of public governance, not even of a village sarpanch, Modi governed Gujarat for 12 years, seven months and 14 days to become its longest serving chief minister. He was the government, he was the party and there was space for none else. Loved and loathed in fair measure, he nevertheless enjoyed considerable popularity as was evident from his party’s landslide victories in successive polls and complete decimation of the opposition—both within his party and outside. It was in this backdrop that Anandiben assumed office. A LOYALIST That she would succeed Modi was never in doubt. She had been an unwavering Modi camp follower, a staunch supporter through the tumult of Gujarat politics that saw Keshubhai Patel take charge at the head of the first BJP government in Gujarat in 1995.

She walks tall in MODI’S SHOES

Before the year was over, his government was in dire straits, with veteran party leader Shankersinh Vaghela rebelling and walking away with a large chunk of party legislators. It fell on Atal Bihari Vajpayee to come down to Gandhinagar and effect a reconciliation, only to face a vocal midnight protest of a sellout by the likes of the present CM. The peace brokered then cost Keshubhai Patel his job, but also led to the banishment of the party general secretary, Narendra Modi from Gujarat. Vaghela quit the party to become CM with Congress support, but was vanquished as the state went to polls in 1998 and a victorious Keshubhai returned as CM, only to be replaced by Modi in 2001. During this entire period, Anandiben remained loyal to Modi and was more than adequately compensated. Born into a farmer’s family at Kharod village in Vijapur taluka, Mehsana district, on November 21, 1941, Anandiben did her BSc from Visnagar in 1963 to take up her first job with Mahila Vikas Gruh. She got married on May 26, 1962. In 1965, she moved to Ahmedabad with her husband and did her MSc. Later, she followed it up with a BEd. She started teaching maths and science at Mohinaba Kanya Vidyalaya in Ahmedabad, caping her career as principal. After 31 years on the job, she finally took voluntary retirement. Nathji, an attendant at a petrol pump neighboring the school, who had seen her grow, carries happy memories. “Initially, she would walk down to school, but later, would come on a red scooter. The teacher that she is and her humble beginnings will contribute to making her a good chief minister,” he says. Mafatlal, her estranged husband, who retired as a professor of psychology at an Ahmedabad college, is also on record saying that she was a strict and hardworking teacher. Her entry into politics was quite by accident. Two girls from her school fell into the Narmada. She singlehandedly saved both from drowning. It was this act of singular courage which caught

the eye of some senior BJP leaders, who invited her to join the party. By 1987, she was president of the Gujarat Mahila Morcha and by 1994, she was striding into the hallowed portals of the Rajya Sabha from Gujarat. Four years later, in 1998, she quit the RS to contest her first assembly election from Mandal in Ahmedabad. She won and became the education minister in the Keshubhai Patel government. She was twice elected from Patan and, in the 2012 elections, from Ghatlodiya in Ahmedabad. Since then, there has been no looking back for her. She continued as education minister in the Modi government in 2001 and headed two key portfolios, revenue and roads and buildings in the third. Going from strength to strength, she held four important portfolios—roads and buildings, revenue, urban development and urban housing, besides disaster management -in the last government. COURAGEOUS WOMAN Taking over from Modi requires indomitable courage as he had hogged the entire political landscape of Gujarat, striding like a colossus, reducing both the party and the government to a pantheon of pygmies. The sheer magnitude of scale, whether of events, publicity or political leverage, was designed to create a dazzling persona. It was an act impossible to outdo. That

REWARDS OF LOYALTY Chief Minister Anandiben Patel receiving mentor Modi and bête noire Amit Shah in Gandhinagar in September 2014

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INDIA LEGAL February 28, 2015

PROFILE/ gujarat cm/anandiben patel

Anandiben has cut the clutter, introducing an element of simplicity in her style. The Chief Minister’s Office has marked openness, quite different from the claustrophobic legacy. she was his handpicked successor hardly mattered, for comparisons were bound to creep into public perception. Anandiben has chosen the only way out. She has cut the clutter, introducing an element of simplicity in her style—a marked difference from that of her predecessor. The Chief Minister’s Office is the first reflection of this change. There is a marked openness, quite different from the claustrophobic legacy, and access is easier. Gone is the paranoia and obsession with security that marked Modi’s tenure. During Modi’s tenure, not only were road dividers between Gandhinagar and Ahmedabad airport marked by double-fencing, even the service lanes on both sides had man-high fencing, with focus lamps lighting up the two extremes. The present chief minister travels with a quarter of Modi’s entourage and without making any fuss. An understated, quiet dignity marks her bearing, though her expressionless face continues to mask all traces of emotion. The only exception was when her name was announced as CM; then, tears trickled down her face. This is not to state that there has been any departure in terms of policy from Modi’s time. There are two reasons for this. One, Modi still

February 28, 2015

maintains a very strong hold and say in matters of his home state and two, she is in agreement with most of the policies pursued during his time. Nevertheless, these are subtle. Modi’s slogan of Vibrant Gujarat is slowly being replaced with “Gatisheel Gujarat” (dynamic). TOUGH STAND It is well-known in Gujarat that two of Modi’s closest confidante’s, Anandiben Patel and Amit Shah, have no love lost for each other. Shah was also a claimant for the chief minister’s job until he was moved out by Modi to take charge of other responsibilities. With Shah now the second most important man in the BJP after Modi, he has no reason to complain. But for all his sway over the national party, he has not been able to get the better of the present chief minister in Gujarat. This was evident when, despite pitching strongly for important portfolios for the tainted Purshottam Solanki who was inducted as minister of state recently, Anandiben refused to oblige and he had remain content with animal husbandry. Ditto for Vijay Rupani, who was recently elected to the assembly through a by-election after Speaker Vajubhai Vala went as Karnataka gov-

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ernor. Shah wanted the home portfolio for Rupani, but she gave him transport. ADMIRABLE GUTS Anandiben also has a mind of her own. Modi had staked a lot on the issue of compulsory voting in local self-government elections. The bill passed by the assembly then was returned by the governor, Dr Kamala Beniwal, with her objections but a piqued Modi again had it passed by the assembly and sent it back. After the governor was changed, the present incumbent, OP Kohli passed the bill. The Patel government, though enforcing the 50 per cent reservation for women in these elections, has chosen to hold back the compulsory voting part. The present government is also taking a closer look at the solar policy after it was hit by a scam, wherein bureaucrats, working in tandem with some political interests, were involved in a land scam in promoting the Charanka solar power project in Banaskantha district in North Gujarat. Those in the know of the impending project were instrumental in cornering large tracts of saline land from farmers at dirt-cheap prices and then selling it to the government at very high prices for the solar project.

However, there have been times when Anandiben has had to give in. Highly placed sources say that she was keen to have Dr SK Nanda, the senior-most bureaucrat, as the chief secretary, but a last-minute intervention from Delhi saw the comparatively junior DJ Pandian, who headed Gujarat State Petroleum Corporation (GSPC) for a record nine years during Modi’s rule, pip him to the post. The GSPC allegedly hides many skeletons of the previous regime in its cupboard. A starkly noticeable change from the previous government is the stress the Patel government is laying on backbone projects like women’s empowerment and child welfare. “While Modi was more into taking up pathbreaking projects that would make national and international headlines, Anandiben understands the basics of child and women empowerment and sanitation needs better. She is a teacher and a mother in the end,” says a veteran political analyst. He has a point. For Modi, Gujarat was a staircase to Delhi. Anandiben, for all practical purposes, has no such aspirations, so the state can expect to be a gainer. And the prime minister too can now fulfil the causes he espoused as CM but couldn’t. IL

IN THE BIG LEAGUE (L-R) Anandiben meeting a Chinese delegation in Gandhinagar; with actor and Gujarat Tourism’s brand ambassador Amitabh Bachchan; inaugurating a kite festival in Ahmedabad

INDIA LEGAL February 28, 2015

ENVIRONMENT/ toxic waste

BHOPALâ&#x20AC;&#x2122;S Wasteland buried hazardous waste from the union carbide plant has seeped into drinking water sources, debilitating the lives of people there. will incineration finally close this sad chapter? By Rakesh Dixit

HIRTY years after the worldâ&#x20AC;&#x2122;s worst industrial disaster took place in Bhopal, buried toxic waste from the Union Carbide plant is still creating havoc in the lives of people living around the plant. Lethal cyanide gas killed thousands and maimed lakhs on December 2, 1984. Even today, more than 50,000 people around the killer factory continue to drink water that has been poisoned by the hazardous waste. This was found out in July 2004, when a voluntary organization moved a PIL in the Madhya Pradesh High Court after soil sample tests carried out in and around the closed Union Carbide plant revealed air and water pollution due to 350 tons of buried toxic waste. The waste can be found in pits in some 21 locations within the 68-acre site and also buried in wasteland outside. But despite petitions from the state government and NGOs, little was done to remove it. INCINERATION TRIALS However, nine years and several U-turns later, a 2005 order of the MP High Court to incinerate the waste at Pithampur industrial area in Dhar district of MP has finally been accepted by the center and the state government. However, doubts persist as to when the incineration will begin. RA Khandelwal, commissioner, Bhopal Gas Tragedy, Relief and Rehabilitation Department, says the Supreme Court (SC) had in April 2014 ordered that 10 tons be incinerated at Pithampur on a trial

February 28, 2015

MONUMENT TO FOLLY (Above) Rusting tanks at the Union Carbide plant in Bhopal still pose a great health hazard (Extreme left) Even generations born after the gas tragedy suffer from abnormalities (Left center and right) Victims of the gas leak

INDIA LEGAL February 28, 2015

ENVIRONMENT/ toxic waste

JUSTICE DELAYED, JUSTICE DENIED Protests against Dow Chemicals in Bhopal on December 2, 2014, to mark the 30th anniversary of the tragedy (Facing page): Pithampur in MP, which faces environment risk due to the incineration plan

basis. “However, due to technical glitches in the incinerator, the waste has not been sent to Pithampur,” he says. “If the trial run goes through successfully, the remaining waste can then be incinerated over the next five weeks or so,” says Pravir Krishn, principal secretary, Bhopal gas relief and rehabilitation. A Mumbai firm has been tied up for this project at an estimated cost of `110 crore. NGOs working among the survivors are skeptical about the government’s plan and anguished over the delay. “Why were so many years wasted in court wrangling?” asks Abdul Jabbar, convenor, Bhopal Gas Peedit Mahila Udyog Sangathan. “For people near

the factory, the tragedy isn't over as yet, as they still face air and water pollution from the hazardous waste lying there,” he rues. The flip-flop over disposing off the waste began in 2004. That’s when the MP High Court constituted a task force to make recommendations on its disposal after a petition was filed by Alok Pratap Singh, an activist. In June 2005, MP tasked Ramky Enviro Engineering at Pithampur to burn the waste. STIFF OPPOSITION But the move faced stiff opposition from NGOs, which claimed that waste disposal at the incinerator would harm Pithampur’s

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February 28, 2015

FLIP-FLOP 2004: MP High Court (HC) constitutes a task force to make recommendations for waste disposal after a petition is filed. JUNE 2005: MP tasks Ramky Enviro Engineering at Pithampur to burn the waste; it faces stiff opposition. HC amends order, says dispose off waste in Gujarat. Move opposed. AUGUST 2008: MP moves SC. OCTOBER 2009: Task force recommends incineration at Pithampur, MP.

JANUARY 2010: SC upholds this. Protests erupt. AUGUST 2010: MP asks center to reconsider decision. Center wants to incinerate waste at Nagpur facility of DRDO. Court agrees.

JULY 2011: An NGO gets stay from Mumbai HC. OCTOBER 2012: GoM decides that waste will be destroyed at Pithampur. APRIL 2014: SC approves decision.

people and its environment. Even BJP leaders such as former union minister Vikram Varma and Lok Sabha Speaker Sumitra Mahajan lent their support. Subsequently, the high court amended the order, asking the state government to dispose of the waste at Gujaratâ&#x20AC;&#x2122;s Ankleshwar incinerator. This was resisted by NGOs from Gujarat. The then Narendra Modi government petitioned the apex court to review the decision. MP too moved the SC in August 2008. In October 2009, the task force took another U-turn and decided to recommend incineration at Pithampur. The SC upheld this in its order in January 2010. However, protests again erupted in Pithampur, forcing the MP government to write to the center in August 2010 to reconsider the decision. The center, in turn,

The samples from around the factory site, taken in 2009, had chlorinated benzene compounds and organochlorine pesticides 561 times above the national standard. INDIA LEGAL February 28, 2015

ENVIRONMENT/ toxic waste

“For people near the factory, the tragedy isn’t over as yet, as they still face air and water pollution from the hazardous waste lying there.” —Abdul Jabbar, convenor, Bhopal Gas Peedit Mahila Udyog Sangathan

Colossal waste How did the waste from Union Carbide accumulate? FOR SOME 15 years till the Bhopal gas tragedy took place in 1984, nearly 2,000 truckloads of waste were accumulating in the pesticide plant set up by Union Carbide in Bhopal. Twenty-one ponds were dug up to dispose this of. However, by 1977, these dumps proved to be inadequate due to the increasing volume of effluents. This necessitated the making of a 32-acre solar evaporation pond, which was soon followed by two more such ponds. However, water from the effluents evaporated, leaving behind harmful chemicals. In 1996, waste from the three ponds was gathered in one pond and covered with soil. This waste exceeds 18,000 tons, says Satinath Sarangi, a member of the rights body, Bhopal Group for Information and Action.

February 28, 2015

moved the MP High Court, seeking directions to incinerate the waste at a Nagpur facility of the Defense Research and Development Organization. The court agreed. But yet again, protests erupted, this time from the Vidarbha Environmental Action Group. The NGO managed to get a stay from the Mumbai high court in July 2011. To break the impasse, officials of the pollution control boards of MP and Maharashtra agreed that Pithampur would be the incineration site. Meanwhile, a German company, GEZ, evinced interest in destroying the toxic waste in Hamburg. The center took this proposal to the SC for approval. It directed the MP government to send the waste to Germany in April 2012, only to revert the order following withdrawal of the offer by GEZ because of opposition to this in Germany. In October 2012, a group of ministers (GoM), headed by then finance minister P Chidambaram, once again decided that the waste would be destroyed at Pithampur. The GoM earmarked `315 crore for the project. The SC finally approved the GoM decision in April this year. INSENSITIVE COURTS “The courts have not been sensitive to the plight of the gas tragedy victims. Let us hope more judicial flip-flop will not happen,” Jabbar says. “There is a very high prevalence of anaemia, delayed menarches in girls and

painful skin conditions. But what is most pronounced is the number of children with birth defects,” says activist Satinath Sarangi of the Bhopal Medical Appeal, which runs a clinic for gas victims. While those directly affected receive free medical health care, activists say authorities have failed to support those sick from drinking the contaminated water. Baskut Tuncak, UN special rapporteur on human rights and toxic waste, said in a statement recently: “New victims of the Bhopal disaster are born every day, and suffer life-long from adverse health impacts.” Sunita Narain, director, Centre for Science and Environment (CSE), says the waste dumped by Union Carbide is a serious problem and needs to be dealt with urgently. CSE had, in 2009, taken samples from around the factory site and found that it contained chlorinated benzene compounds and organochlorine pesticides 561 times above the national standard. The chemicals from within the site matched those in the drinking water in colonies outside, the report said. Seventeen people living around the plant had also filed a petition in US courts to get Union Carbide to bear the cost of the cleanup. However, a New York court in August this year struck down this case, ruling in favor of Union Carbide Corporation, saying the company could not be sued for ongoing contamination from the chemical plant. Justice is not easy to come by. IL

TECH/dark web

The Chamber of C

some 80 percent of internet content deals with the darker side of life—torture, drugs, child pornography, ammunition.... and the more governments try to curb this, the less they will be able to do so By Aaqib Raza Khan 62

February 28, 2015

LICK. The laptop screen goes black. Broken images attempt to show up, and then fail. The web page looks basic. A hyperlinked menu comes up and offers numerous choices to proceed: hitmen, crowd funded assassinations, choreographed torture, drug dealers, child pornography, arms and ammunitions and anarchy groups—all buzzing with activity. Anonymous users crawl through these pages. Welcome to the deep side of the web, also called the Dark Web or Deep Web. According to Cisco Security Intelligence Operations, more than 80 percent of the web is “dark”, and is uncategorized by URL-filtering databases. The internet we surf is actually just the tip of the iceberg. This online chamber of secrets is right under the web pages you frequent and is invisible to search engine trackers.

EASILY ACCESSIBLE So how does the Dark Web become accessible? While normal web addresses are preceded by

“www” and suffixed by “.com”, “.org”, etc, the Dark Web works on “.tor” address. TOR stands for The Onion Router. The different layers of encryption give it the name of Onion. It was developed in the 1990s by the US Naval Research Laboratory for surveillance purposes and is legal, but its use has transcended time and applications. Tor works by redirecting a user through a number of virtual networks before finally landing on the destination address. This removes the location and identity of the user and his machine. It’s used by people all over the world to bypass censorship rules, surpass organizational regulations and maintain strict anonymity. It was reported that this underground network served the cause of numerous protest movements in Middle Eastern nations. The project’s official website claims that family and friends use it to protect their dignity while using the internet; businesses use it to track competition and protect intellectual property; whistleblowers use it to safely report corruption (Edward Snowden and Julian Assange used the Tor network to surpass surveillance and leak “secret” documents); journalists use this network to maintain secrecy of contacts and information and armed forces use it to protect their investigations. “Most of the laws of the actual world are completely ineffective in the Dark Web, prima-

“Most of the laws of the actual world are ineffective in the Dark Web, because of its architecture and Tor browsers.”

— Pawan Duggal, cyber law expert

rily because of its architecture and Tor browsers. Identity is invariably hidden behind various levels of anonymity,” says Pavan Duggal, cyber law expert. The National Security Agency of the US has also claimed that Tor is “the king of high secure, low latency internet anonymity”. SHADOWY FIGURES But the secrecy has come to haunt the system itself. The Onion Router works towards internet privacy as a non-profit organization, but its servers are now plagued by illicit activities. Nobody knows who propagates them, participates in them or maintains the portals. They are just shadows—dark and unrecognizable. Andrew Lewman, executive director, Tor Project, said to betabeat.com, an online news portal: “In the late 80s and early 90s, we heard that the internet was for child molesters, money laundering, drug dealing and pornography. ‘Who would want to use this internet thing? It’s only bad!’ That’s where the deep web is now.” But the dark web is not all bad. It is also, INDIA LEGAL February 28, 2015

TECH/dark web

While normal web addresses are preceded by “www” and suffixed by “.com”,“.org”, etc, the Dark Web works on “.tor” address. TOR stands for The Onion Router.

February 28, 2015

says Lewman, a place where drug-addicts and victims of violence wary of disclosing their identity, can come to seek help anonymously. Kabir Khalid (name changed on request), an undergraduate student at the University of Delhi, says that he often surfs the dark web while accessing the internet from college. “It helps bypass the internal security gateway. I find a lot of interesting, and sometimes banned, movies and books there to download,” says Khalid. DARK SIDE But the anonymous network has often been accused of promoting negative elements. It stocks arms and ammunitions, sells fake credit card details, fake passports, gives information about hitmen for hire and has Cheese Pizza, a codeword for child pornography. There are also gut-wrenching videos of torture and murders, human experiments and their reports and easy do-it-yourselfs on making bombs and cooking drugs. All of it can be accessed without revealing any information. However, there have been crackdowns on these nefarious activities. A recent global operation, “Operation Onymous”, led to the arrest of 17 people and closure of many dark net domains. Silk Road, Hydra and Cloud 9 are some of the most popular drug-peddling services available on the Dark Web. Here, stuff can be bought in exchange of bitcoins, an e-currency exchangeable for real cash. One bitcoin is `22,020.04 (at the time of filing the story). Bitcoins, says Duggal, have not been legalized by the parameters of the Indian IT Act. “Moreover, RBI has stated in a circular that bitcoins are highly speculative, and people need to be really careful.” Tor also has its advantages in places where governments crack down on the

internet. “Tor is a great tool for people connecting from countries with restrictive internet access (like China’s Golden Shield), but obviously it can be abused by people wanting to carry out illegal activities. It’s a double-edged sword,” says Gorgash, a Dark Web user, on community information networking service Reddit. Another user, humperdinkel, says on the same website: “I’ve only stayed on Silk Road, so the coolest thing I’ve seen is a sale of British passports and bulk amounts of cocaine.” And a Reddit user, dethrowawayz, says: “There’s nothing you will find on the surface web that can really compare to the Deep Web.” Much of the political debate around the world has centered around the idea of internet and the right to freedom of speech. A free internet is synonymous with free speech. Governments try hard to filter down the content, and sometimes define strict guidelines to tailor the internet. China blocked Twitter to curb dissenting voices. However, proxy servers help tech-savvy Chinese citizens to still access blocked websites. There’s always a way where there is a will. GOVERNMENT RESPONSE The Indian government too is keen to go down this controversial road. In September this year, Communications and Information Technology Minister Ravi Shankar Prasad met senior officials of the Directorate of Telecom, FICCI, ASSOCHAM and CII to discuss the implementation of one such filter. The censorship is being aimed in the name of “communal harmony” and to block “objectionable content”. The US is also witnessing aggressive debates on net neutrality, which is for equality of access to all the websites against the proposed idea of boosting websites which pay a significant amount. Such selective control of internet content works against the open and democratic medium of the internet. It also eventually leads users to avenues such as the Dark Web, where they can voice their dissent and find content which is unavailable on the clear-net. “First and foremost, any kind of blocking of electronic content is nothing but internet sensation and invariably leads to far more traffic to it. Countries across the world have tried to block websites and failed. It’s possible to access such websites through proxy servers,” says

Andrew Lewman, executive director, TOR, says Dark Web is also a place where victims of violence and drug addicts can seek help anonymously. Duggal. “The Indian IT Act is frozen in time and has failed to keep pace with the march of technology. The act was made 14 years back, with an amendment only in 2008.” PARTIALLY SHUT However, moves to control the Dark Web are not always successful. The recent shutting down of various versions of Silk Road, starting with Silk Road by FBI in 2013, then Silk Road 2.0, and the emergence of Silk Road 3.0 Reloaded, show that there is no stopping the Dark Web, as newer, more advanced versions keep cropping up. After the fall of Silk Road and Silk Road 2.0, Black Market Reloaded tried to fill in their shoes. Incidentally, Black Market Reloaded sells guns. “I feel sad for Silk Road,” writes the owner of Black Market Reloaded, whose user name is backopy. [The website] has been a great competitor all this time,” he says. The

Union minister Ravi Shankar Prasad is keen to curb “objectionable content on the “Dark Web” and met officials of industry bodies to rope them in.

admin was Ross William Ulbricht, a 29-yearold graduate of the University of Texas. The market had reported sales of $1.2 billion in two years. Though Black Market Reloaded page looks dead as of now, with rapidly changing identities and a flourishing grey market, it might just resurface again. Duggal foresees that in future, privacy will be a concept of the past. Inter-connection of devices and networks will lead to a large number of complicated policy and regulatory issues. “It’s going to be different world altogether,” Duggal concludes. Rapid digitalization of devices and communication patterns point to a world heavily dependent on the internet. Facebook recently allowed access to its website in the Deep Web network, becoming one of the few mainstream websites to do so. It’s obvious that Dark Web will remain relevant in the years to come, especially if there are institutional clamp-down on websites. IL INDIA LEGAL February 28, 2015

HUMAN INTEREST/ rohingya muslims

HARD TIMES Afza Khatoon (center), who escaped from Myanmar, with her family in a shanty locality in Delhi Muhammed Faisal

The forgotten people fleeing myanmar’s ethnic violence for india has been a journey mixed with pain and nostalgia for the rohingya muslims By Sabeela Rasheed

HEY are a small, ethnic group in Myanmar. Constant violence between the Rohingya Muslims and the Buddhists here has seen many of these Muslims fleeing as refugees to other countries, including India. Sixty-year-old Afza Khatoon is one of them. She came to India in 2012 and her story exemplifies the struggles of many like her, who have neither a home nor homeland to call their own. Khatoon recalls: “It was a dark night, and we were fast asleep. A sudden banging on the door startled us. My husband opened the door and found militants out there. They

February 28, 2015

asked him to follow them to the hills. He did not protest and followed. I don’t know what happened, but when he returned after a week, his ears were swollen and bleeding. He said that militants had beaten him because he had become tired and stopped walking. We went to a doctor, who prescribed some medicines but it did not help. Gradually, my husband lost his hearing and now, he is completely deaf.” ORIGINS OF CONFLICT He wasn’t the only one to suffer. Many Rohingya Muslims have been at the receiving end of ethnic violence in Myanmar and are said to be among the world’s most persecuted

people due to their race and religion. It was in the 18th century that Buddhists conquered Muslim-ruled areas in Myanmar. However, with the coming of the military junta in 1972, things worsened for them, with daily killings and confiscation of property. This caused many to leave for safer pastures. Khatoon came to India and settled in Southeast Delhi, near Kalindi Kunj. These people have been given refugee status and issued cards by the UNHRC. Legally, they can stay here till 2016. SENSE OF LOSS Khatoon sits in her small house, which her family built on land leased by Zakat Foundation of India, an NGO. There are some 50 families living in houses made of plastic, wood and torn clothes. Her house has bare essentials—a torn carpet, old clothes hanging on one side, a prayer mat and a sewing machine. One can hear the sounds of a television blaring in the neighborhood. Despite Khatoon’s obvious poverty, India seems like a haven compared to the turmoil of her country. She has a long face, sunken eyes and paan-stained teeth. Her face lights up when she recalls her childhood when she used to steal paan from her father’s field. “As a child, I used to eat it secretly. Once, I was caught by my father and thrashed soundly.” But she becomes somber at the thought that now, she now has neither her father nor field. Khatoon’s life has been full of ups and downs. She has nine children—five daughters and four sons. Her eldest daughter, Khateeja, 40, is still in Myanmar and has been able to contact her just once in the last six months. That’s when she was informed that one of her grandsons had been killed in a recent clash. Khatoon’s husband, Kala Miyan, 63, has found a temporary job here, collecting iron scrapes from the garbage. As he can’t hear, he doesn’t go too far for work. Khatoon says with a mixture of anger and pain: “I lost my love for Myanmar the day my husband became deaf and I lost my grandson. The Buddhists say you are a Bengali. Go and live in your country. I don’t want to back there as it snatched away my happiness.” Recalling the strife in Myanmar, she says: “There was violence everywhere. People were

“When conditions worsened in Myanmar, we decided to come to India. The broker asked for `2,000 per person to cross the border. We gave him whatever savings we had.” — Afza Khatoon, 60, a Rohingya Muslim in Delhi beaten up and many brutally killed. As conditions worsened, we decided to leave Myanmar and come to India. The broker asked for `2,000 for each person to cross the border. We gave him whatever savings we had.” “It was the month of Ramzan when we left after sunset. We carried nothing except the clothes we were wearing. We walked for three days and crossed rivers, hills and jungles. We had nothing to eat. Whenever we felt hungry, we would drink water. By God’s grace, after three days, we reached Bangladesh. We left the next day for India. It took us four more days to reach here,” she says. FAITH KEEPS ’EM GOING Her family life too has caused her much pain. She says her two daughters—Noorasha, 25, and Amina, 22—had a happy married life. When they were coming to India, Noorasha’s husband left her and married someone else. After six months, Amina too was abandoned by her husband. To make matters worse, one of Khatoon’s sons, Kamal Hassan, 30, has been in jail since last year. His only offense, she claims, was that he tried to trespass from Myanmar into Malaysia after the conflict. She says tearyeyed: “I want a world where I have all my kids together, where I have my grandson back, where my husband can hear, where my son won’t be in jail and where my daughters can have a happy married life. I want a world where I can die peacefully.” Despite all these travails, Khatoon’s faith in the Almighty is intact. She says: “He is the most benevolent and supreme commander. He is the one who gives and takes from us. If he has kept us alive till now, there is a purpose. Life would have been different had we not been Rohingya Muslims. But I do not regret it; this is my identity.” IL INDIA LEGAL February 28, 2015

HUMAN INTEREST/ pakistan hindus in india

Great Expectations facing religious persecution across the border, the hindu refugees from pakistan are seeking asylum in india. can they get a better life? By Prerna Lidhoo

PARADISE LOST Jamna Bagri (first from left) has left her son, and home in Pakistan, with little hope of reuniting with them (Facing page, top) Refugee kids, who, in the absence of proper documents, are being deprived of schooling (Facing page, below) The colony where refugees live, which, they claim, is much like their conditions back home

February 28, 2015

AMNA Bagri, 45, was busy placing diyas on the balcony of her new house—a converted school in Bijwasan Village on the outskirts of Delhi. A sense of composure was visible on her forehead as she celebrated her first Diwali. Inspite of her tattered clothes—a mud-coloured salwar-kurta—she was happy. Her golden nose pin twinkled in the moonlight. The night reminded her of the time she had decided to leave her home in the Sindh region of Pakistan, her birthplace, six months ago. She is one of 37 Pakistani Hindus who carried the tales of minority persecution with them to India this year. But along with her 20-day pilgrimage visa that expired in April 2014, her desire to return to Pakistan expired too. “We had no respect, and were discriminated against. We came to India with expectations of a better life, but here too, people haven’t treated us too well,” said Jamna.

Although in his speech on April 13, 2014, Prime Minister Narendra Modi said that Pakistani Hindu refugees would be treated like other Indian citizens, people like Jamna are still waiting for help from the government, as their repeated applications for asylum or refugee status have been disregarded.

Almost 1,20,000 Pakistani Hindus are now living in India. But since India is not a signatory to the 1951 Refugee Convention, it cannot recognize them as refugees officially.

FORESAKEN LOT “There is no help from the government. People of India should at least show us some sensitivity. We just left everything at home to come here. How long can we force ourselves on this country and where will we go if even this is taken away from us?” she asked. According to Seemant Lok Sangathana, a Rajasthan-based organization fighting for the rights of Pakistani Hindu refugees, almost 1,20,000 Pakistani Hindus are now living in India and approximately 1,000 migrate to India annually in the hope of an Indian citizenship. But since India is not a signatory to the 1951 Refugee Convention, it cannot recognize fleeing Pakistani Hindus as “refugees” officially. So the emigrants have to wait for seven years before applying for citizenship under the Indian Citizenship Act of 1955. Until 2005-06, about 13,000 Pakistani Hindu migrants staying in Rajasthan had been granted citizenship, but the number has decreased in the last three years to 915. No citizenship means no legal documents for them. Without proper identification documents, Pakistani refugees cannot get proper jobs or reap benefits from state welfare schemes. This is what another asylum seeker in India, Roopchand, 18, has been facing for the past five months. Due to religious persecution in the Muslim-dominated country of his birth, he spent six years preparing to cross the border before he finally did. He now lives in the same place as Jamna. RELIGIOUS VIOLENCE Hindus are the single-largest minority in Pakistan and form about 2 percent of their total population. The Human Rights Commission of Pakistan (HRCP) stated that Pakistan saw a 22 percent rise in religious violence last year, with 687 people killed in more than 200 attacks. The HRCP also added that around 600 to 1,000 families INDIA LEGAL February 28, 2015

HUMAN INTEREST/ pakistan hindus in india

“I had to give up my education after class VIII because of religious discrimination in schools. We were always made to sit in the last row and forced to begin every lesson with ‘Bismillah ir-Rahman ir-Rahim’.” —Roopchand, 18, a refugee

DARKNESS AT NOON (Above) Roopchand (seated left), who gave up his studies after class VIII because of religious discrimination (Right) Nahar Singh, an activist, who is helping the refugees from Pakistan since 2011

fled to India in 2012-13. “I had to give up my education after class VIII because of religious discrimination in schools. We were always made to sit in the last row and forced to begin every lesson with ‘Bismillah ir-Rahman ir-Rahim’. They used to comment on our idols and even had separate cups for Hindus in the hotels. For official

February 28, 2015

documents, they would only ask for the nikah-nama which we Hindus couldn’t produce,” says Roopchand. He can recall numerous such encounters from his life back in Pakistan. His wounds have not yet healed but festivities have kept him busy. His whole house was festooned with Chinese lights when we visited him. This was the first time he celebrated Diwali in the true sense and he was very excited. He burnt dozens of crackers without being wary of derogatory remarks from others in the erstwhile neighborhood. “It feels like home here. We don’t have to pay a fine for burning crackers and celebrating our festival this year. If we lit our homes on Diwali in Pakistan, there was a constant threat of being looted. To avoid it, no one did,” he said. GOOD SAMARITAN He addresses his caretaker as dadu (grandfather). He is grateful to him that he could celebrate this year’s Diwali freely. All Pakistani Hindus in Delhi bank upon a retired police officer, Nahar Singh, who has been helping them for the last three years. By November 2011, around 145 Pakistani Hin-dus had set their feet at Majnu ka Tilla. Since then, he has been a part of their cause. He has adopted 918 refugees so that they are allowed to live in India without hassles. “I am glad that they’re happy celebrating their own festival freely. I have been reminding the Indian government that citizenship has been their right since 1947. It has been denied to them time and again. Apart from that, I demand jobs and houses for them, like our past leaders who came from Pakistan, such as LK Advani and Dr Manmohan Singh, were given,” he says. Contrary to his claim that Hindus are vulnerable in Pakistan, Pakistani officials have repeatedly said that the Hindu minority community is quite safe there. A committee appointed by former Pakistani President Asif Ali Zardari found no mass migration of Hindus from Pakistan’s Sindh province. Pakistani Hindus have come a long way in establishing their identity here, but there is still a long way left to go. With this thought in mind perhaps, Jamna continues to light more diyas of hope. IL

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FOCUS/ blood donation

Want to be a Blood Monk? join a noble cause and become a voluntary blood donor using a mobile application by this same name. this initiative by two ahmedabad-based entrepreneurs serves to fill in where blood banks can’t By Kaushik Joshi

ODE TO HUMANITY Blood Monk was set up by Ameet Panchal (top) and Ketan Raval

February 28, 2015

LOOD is not thicker than water. This was proved by two Ahmedabad entrepreneurs, who launched a social initiative called Blood Monk, which is an app that functions like a blood bank. However, unlike a regular blood bank, it doesn’t need any institutional set-up and runs on auto-pilot. Blood Monk was set up by Ketan Raval, CEO of IT firm Let’s Nurture, and Ameet Panchal, a social media consultant. The need to set up a blood bank devoid of bureaucratic hurdles and other interference was felt because hospitals often reject blood from regular blood banks and insist on fresh blood. Some, says Panchal, even insist on specific blood groups for replacement of the blood they supply, leaving patients’ relatives helpless. Raval says: “It is also likely that those with influence prevail upon blood banks not to part with certain blood group units which they

would need in an emergency.” Also, he says that in cases of thalassemia patients, blood transfusion cases and some cancer surgeries, doctors insist on fresh blood for the patient. “That apart, negative blood groups are rare and often blood banks don’t have their supply. It is in such critical cases that Blood Monk can be summoned. We have registered donors who can be contacted using the app,” says Raval. Incidentally, the moniker Blood Monk was chosen by Raval, who says that “anyone who donates blood is a monk since it is the noblest act one can do as a human.” The idea to start it germinated when Panchal’s uncle was seriously injured four years ago while working on a lathe in a factory. “We were in need of 20 bottles of blood and it was quite daunting. Somehow, we collected the required blood with the help of friends and relatives. That’s when I proposed the idea of Blood Monk to Ketan.” Being an IT expert, Raval created the mobile app and a website for Blood Monk. Presently, it has its presence in six cities in

Blood Monk app gets blood quickly and is supported by Android and Apple Operating System. Blood Monk has a website, a Facebook page and a Twitter account. Gujarat—Ahmedabad, Surat, Rajkot, Mehsana, Bhuj and Bhavnagar—and Mumbai, Pune and Sangli in Maharashtra. But both insist they have a long way to go. It helps that they are active on social media. Panchal, for example, is an avid tweeter and claims he is followed by Narendra Modi, President Obama and Gul Panag. A measure of their success can be gauged by the happiness Panchal felt when he learnt that a patient’s relatives had received more than 100 calls from Blood Monk donors within an hour of sending out an SOS for B+ blood. The Blood Monk app works seamlessly to get blood as fast as possible for those needing it. It is supported by both the Android and the Apple Operating System. Besides a

EASY ACCESS The need for a blood bank sans hurdles was felt as hospitals often insist on fresh blood and not from banks

INDIA LEGAL February 28, 2015

HUMAN INTEREST/ blood donation

HASSLE-FREE INFUSION Blood Monk has an edge over blood banks as there is no charge for blood units or need for a replacement

A SUBSTITUTE FOR BLOOD A team of researchers of the Department of Biotechnology of Delhi University has successfully developed a blood substitute which can be safely used for surgical emergencies. The team, led by Prof Suman Kundu, has applied for a patent for laboratory-produced hemoglobin which can be used in any blood group. The blood substitute will be portable, cheaper (10 percent less than the `800 per unit costing in a blood bank) and could be stored for as long as three years; donated blood can be stored for 40-50 days. Also, there is no risk of transmission of diseases.

February 28, 2015

dedicated website, Blood Monk also has a Facebook page and a Twitter account.

nitiatives like the Blood Monk have an edge over blood banks, simply because they don’t charge for the blood units or expect a replacement for them. Such noble causes can, therefore, be replicated all over the country. In New Mumbai, the mother of one Prashant Gupta was admitted to Tata Memorial Hospital as she was suffering from multiple myeloma (tumor in the bone marrow). She appealed for fresh platelets after a stem cell transplant from anyone having A+, A- or AB blood. Blood Monk made this appeal through its App, Facebook page and Twitter and the patient received timely help and survived the critical phase. Surprisingly, Raval says that often they don’t even know who came to the rescue of whom or who the donor and beneficiary were. “In a network like this, our presence is not required. It works on its own through messages. We don’t even have an office for Blood Monk.” For this duo, philanthropy is not new. They have been helping the poor for some years now. Besides distributing text books and clothes to poor children, they have also

given away woollen clothes and blankets to pavement dwellers. And in an effort to smoothen out things, Raval is thinking of better logistics. Sometimes, he says, a registered donor may find it difficult to reach the hospital where he has to donate blood or he can come only at a time convenient to him. “We are, therefore, thinking of having our own mobile van with a driver and a part-time doctor so that the team can reach the donor, collect the blood and reach it to the hospital concerned.” he says. Worldwide, the supply of donated blood is woefully short of the demand. Blood Monk tries to appeal to people to donate. Jose Tinto, who donates blood regularly, says: “Sometime back, I donated blood to a patient who met with an accident and needed major surgery. The look of gratitude which I saw on the faces of the patient’s relatives is something I will never forget.” And in what is a leg-up for these two entrepreneurs, their social initiative was recognized by the Indian Red Cross Society and WHO, both of which jointly released a documentary film on Blood Monk on World Blood Donors Day on June 14, 2014. Hopefully, this will spawn more such initiatives for the good of humanity. IL

SOCIETY/ homosexuality

I am happy &

Gay

whatâ&#x20AC;&#x2122;s it like to be a lesbian in a country where this orientation is criminalized? where parents often donâ&#x20AC;&#x2122;t accept such a child? here is a personal account of the pain and anguish of one such person By Khalid Shah

Photos: UNI

February 28, 2015

OCIETY didn’t matter much for Anuradha, but when it came to her family, she hoped to have little or no confrontation. At the same time, she knew her parents would never accept her as a lesbian. Anuradha came from a typical, conservative, Punjabi family. Her family expected her to marry a Punjabi boy from a business family. While growing up, her mother had constantly warned her against marrying a low-caste or a Muslim boy.

“Having a physical connection with girls felt as natural as anything else....This is not a lifestyle choice I made, this is who I am. I was born this way.”

DISGRACE TO FAMILY In India, where parents treat their daughters as a “liability”, any sign of rebellion is seen as a disgrace to the honor of the family and society at large. It could even disrupt the marriage prospects of others in the family. Anuradha, who works in a research organization and holds a masters degree in international relations, has three older sisters who accepted her orientation. “My family is full of wonderful people, but my parents have certain prejudices. They will never accept me as a lesbian,” she says. “It would be terrible for my parents if I came out openly about my sexuality and said that I can’t marry a boy.” Anuradha plans to go abroad in the next few years to pursue her doctorate and will not return to India. She says she does not have a future here after the criminalization of homosexuality. It is impossible for her to marry and live with a girl. “I want to go far away from my parents where I can live life on my own terms. That way, I won’t hurt or bring them social disgrace,” she says. IN DENIAL Anuradha was in denial of her sexuality for a long time. Her first lesbian experience was with a best friend at the age of 10. She continued to have regular, intimate moments with her till she shifted to a boarding school. There, Anuradha dated a boy for a short while. She BREAKING FREE Re-criminalization of homosexuality in India is compelling many gays and lesbians to migrate to countries which have liberal laws for the community INDIA LEGAL February 28, 2015

SOCIETY/ homosexuality

what I was and what I had denied for long. I realized that those childhood flings were not random. I started adding meaning to things I had denied,” she says. She met a beautiful woman at the film festival over whom she had an instant “crush”. She kept thinking about her throughout the film festival. After the festival, she stopped denying her homosexuality and decided to come out.

BATTLE FOR RIGHTS The gay rights movement in India remains in its infancy

February 28, 2015

doesn’t attach any meaning to her childhood experiences. Putting them into the definition of a homosexual identity would have brought up other issues to deal with, including morality and social acceptability. “At some level, I knew all along that I am not a heterosexual. But living in denial was the easiest way out,” says Anuradha. In December 2013, Anuradha attended a LGBTQI (Lesbian, Gay, Bisexual, Transgender, Queer and Intersex) film festival at India Habitat Centre in Delhi. She was surrounded by homosexuals, transgenders and queers. She felt exposed. “People could see

LIBERAL FRIENDS It took a month for her to muster the courage. She told Lata, her best friend with whom she had lived with for over a year. “It was easier for me to come out to my friends. They are liberal people. No one judged me. My friends encouraged me to explore, they supported me completely.” Lata says she initially brushed off Anuradha’s admission as a joke. “When she told me, I thought she was fooling me. Slowly, I realized that she was serious. It wasn’t a shock or a surprise. Earlier, I used to say: Get her a guy, get her a guy and then, it changed to: Get her a girl, get her a girl.” Anuradha says her initial lesbian experiences were innocent. “Having a physical connection with girls felt as natural as anything else. When people say that it is a lifestyle choice, I don’t think it’s correct because frankly, if I had a choice, I would choose an easier, less complicated path. Being gay has countless social consequences in this country. This is not a lifestyle choice I made, this is who I am. I was born this way.” Her coming out inspired two of her closeted gay friends to come out as well. “I am much happier now. I am content. All those years of denial and confusion are over,” she says. IL —(Identities have been changed to protect the individuals)

EVERY FORTNIGHT VIEWS ON NEWS WILL BRING YOU TELL-ALL NEWS, ANALYSES AND OPINION FROM THE SHARPEST INVESTIGATIVE REPORTERS AND MOST INCISIVE MINDS IN THE NATION Views On News (VON) is India’s premier fortnightly magazine that covers the wide spectrum of modern communication loosely known as “the media”. Its racy, news and analysis oriented story-telling encompasses current global and Indian developments, trends, future projections encompassing policy and business drifts, the latest from inside the print and electronic newsrooms, the exciting developments in ever-expanding digital space, trending matters in the social media, advertising, entertainment and books. e rnanc n Gove tion o CHIEF OR BOARD NI w sec NS e CE n ON HIS g VT ucin AJ NIHALA SHOULD GOTER Introd ROR PAHLTION HERO’ MODI 38 ‘AC CONTROL ? 44 RTING DI PO MO H RE UG TO HOW A AT WAS BUREAUCROULDERED 32 COLD- SH

S W E N N O VIEWhySDIDI and DADA AL EYE

ITIC THE CR

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ties with ’s warm k Sarkar a cold war to coon Avee Media ty a Banerjee turn in Mamat

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INTERNATIONAL BRIEFS

No messing up with students at Harvard HARVARD UNIVERSITY has banned professors from having sex with their students, following its review of the sexual harassment policy, according to Daily Mail. The Faculty of Arts and Sciences Committee at the university said the ban on romantic or sexual relationships would be in place, regardless of whether a faculty member was teaching or supervising the student in question.

First turbaned cop in Texas AN INDIAN-AMERICAN Sikh has become the first police officer in the state of Texas, US, to serve while keeping his Sikh articles of faith, including a turban and beard, according to Rediff.com. Patrol deputy Sandeep Singh Dhaliwal will be allowed to wear the turban and beard while patrolling the streets of Harris County in order to bolster cultural diversity. Dhaliwal, in his late 30s, has been with the sheriff’s office for six years. The move is part of Sheriff Adrian Garcia’s religious accommodation policy to promote understanding, respect and to communicate with all segments of the population in Harris County. “By making these religious accommodations we are joining the US military and other law enforcement agencies across the country with observant SikhAmericans among their ranks. Harris County is no different. We are one of the most culturally rich and diverse communities in America,” Sheriff Garcia said in a statement.

Renewed legal cooperation FRANCE AND Morocco restored their cooperation in legal matters, a move allowing closer counter-terrorism cooperation, as per a report in ABC News. Morocco had suspended judicial cooperation with its former colonial master in February 2014 after French police attempted to arrest the visiting head of Moroccan intelligence in response to an activist suit accus-

February 28, 2015

ing him of torture. The suspension of cooperation had hampered coordination on counter-terrorism issues, as well as impacting overall relations between the two. But the attack on Charlie Hebdo had necessitated the revival of coordinating mechanism. Both the countries are concerned by the large numbers of its citizens leaving to fight with the IS.

The ban comes at a time when top American universities are facing complaints of sexual violence on campus and they have often mishandled the cases. Last May, the US Department of Education published a list of 55 colleges and universities under federal review for allegedly mishandling sexual assault and harassment complaints, and the list included Harvard too.

Affordable housing could be hit

POLITICAL LEADERS cutting across party lines have come together to criticize a possible reform of planning law, which might ruin London’s social mix, says The Guardian. The new law would exempt developers from having to provide social housing in London. It does away with the need for developers to include affordable housing in redevelopments, even where such housing has been demolished to make way for new construction. According to the newspaper, the Westminster Property Association, which represents British Land, Land Securities, the Crown Estate and Grosvenor Estates, wrote recently to the housing minister, Brandon Lewis, urging him to scrap the policy, saying it would “lead to a further erosion of the ability of people from a wide range of backgrounds to live in the heart of the capital”. The letter says the change risks “permanently damaging the social mix of our capital city. It has created a perverse incentive for unscrupulous landlords and developers to evict existing tenants….”

1. Chinese book-keeping. A: Perfect accounting B: False accounting C: Bad accounting D: Fast accounting 2. To grease. A: To toil B: To pacify C: To bribe D: To ignite 3. Zonked. A: Drunk B: Crashed C: Shocked D: Defeated 4. Rise and shine! A: All the best! B: Best wishes! C: Be victorious! D: Wake up! 5. “Hue and cry” but “toss and …”. A. catch B. turn C. take D. tumble 6. Siesta is a … word. A: Dutch B: German C: Spanish D: Chinese 7. Two bites at the …. A: cherry B: banana C: chocolate

have fun with english. get the right answers. play better scrabble. By Mahesh Trivedi

D: blueberry 8. She’s apples. A: All’s well B: She likes apples C: Health is fine D: Jubilant 9. Like … without the Prince of Denmark. A: Juliet B: Princess C: Hamlet D: Phillip 10. Any … in a storm. A: ship B: port C: shelter D: none of above 11. Talk turkey. A: Talk seriously B: Talk about one’s job C: Talk nonsense D: Talk back 12. Omniscient. A: Eats everything B: Knows everything C: Present everywhere D: No such word 13. Right spelling? A: Equalibrium B: Equilibrium C: Equilibriam D: Equalbrium 14. Hole-and-corner.

A: Underhand B: Small shop C: Small office D: Nineteenth hole 15. To chafe is to …. A: ridicule B: criticize C: fret and fume D: cheat 16. Sequestered. A: Shocked B: Swindled C: Secluded D: Sacked 17. To put the bite on. A: Blame B: Borrow money from C: Inform D: Complain 18. Mea culpa. A: It’s my fault B: Small cup C: Mother’s love D: Civil case 19. Scarlet woman. A: Prostitute B: Widow C: Divorced woman D: Wealthy woman 20. Murder of friend. A: Filicide B: Uxoricide C: Amicicide D: Fratricide

ANSWERS

1. False accounting 2. To bribe 3. Drunk 4. Wake up! 5. turn 6. Spanish 7. cherry 8. All’s well 9. Hamlet 10. port 11. Talk seriously 12. Knows everything 13. Equilibrium 14. Underhand 15. fret and fume 16. Secluded 17. Borrow money from 18. It’s my fault 19. Prostitute 20. Amicicide

Y L D R WO ISE

SCORES

0 to 7 correct—You need to do this more often. 8 to 12 correct—Good, get the scrabble board out. Above 12—Bravo! Keep it up! textdoctor2@gmail.com

INDIA LEGAL February 28, 2015

PEOPLE / funny side up BUZZ-MAKER An AAP activist clicks a selfie with party chief Arvind Kejriwal at an election rally in New Delhi BLURRING OF LINES Afghan President Hamid Karzai walks away after shaking hands with his Chinese counterpart, Xi Jinping, at the Conference on Interaction and Confidence Building Measures in Asia (CICA, in Shanghai

SIMPLY LOL Former US presidents Bill Clinton and George W Bush laugh on stage during a Presidential Leadership Scholars Program in Washington NOSEY PARKER Australia's Prime Minister Tony Abbott and US President Barack Obama each hold a koala before the G20 Leadersâ&#x20AC;&#x2122; Summit in Brisbane

GETTING A HEADSTART Prime Minister Narendra Modi with Russian President Vladimir Putin at the World Diamond Conference in New Delhi

Photos: UNI Compiled by Kh Manglembi Devi

RNI No. UPENG/2007/25763

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