Indian Freedom in peril

The golden words of Rabindranath Tagore, where the mind is without fear and the head is held high… into that heaven of freedom, my Father set my country aware!! Calls each of us too an awakening of National Consciousness. Although we cannot pride ourselves in having reaped the fruits of independence in the full measure, we have to admit that independence has not sought us economic prosperity or social justice, as envisaged y our Fore Fathers we have also not succeeded in living up to the ideals enshrined in the constitution. Justice, Liberty, Equality and Fraternity still continue to elude the common man ‘divide and rule’ policy of the British has been religiously continued by our politicians who keep the country divided on the basis of caste, creed, religion and language etc., Now we have as added evil in the ‘Hinduism ’ definition of Indian identity based on whether one of several religions, one wanders wherefore, in a pluralistic society comprising people of several religions, one wonders whether it is possible to share an Indian identify without sharing the same religion (Hinduism). A.F. Nazareth says, “the picture then which India presents to day to its citizens is diverse, and varies from person to person. If one looks through the eyes of a woman, we will find that freedom is more of a moth than a reality. ”

At present in India we have so many cases of rape, kidnapping, dowry death, criminal offences and bribe burning etc., again we have the cry for justice and equality from the oppressed Dalits class, arising out of the pernicious caste system. If it is true that the criteria for the distribution of relief material and aid, which was allegedly, made solely on the basis of caste, creed, and religion during the recent tsunami in South India and cyclone in Orissa.This only goes to show how corrupt the government. Again it is known that the Christian are accused of converting people in Orissa.

People are worse than before the B.J.P., which once prided itself as being a party with a difference has failed to live up to its image. People are now disillusioned with the government and need the much-required change. The present government is fighting for survival. Politicians and common citizens of the country contradict each other for their right existence. In this modern world many have become for everything. Politicians run after money and close their eyes for the justice and truth. They are no way to stand for the right. Today we say that, “seeing is believing” this is what the Indian government sees but has no mind to punish the guilty.

The recent incident, which took place in Nandigram and Singur, was one of the unthinkable incidents. This is because of the cardinal role of the politicians. The chief Minister of the West Bengal Budhadev Chattarji knows everything yet acts like and ignorant being. Money, Money everything is money for some. The B.J.P. government planned to plant a Tata Industry in Nandigram. The place where the poor farmers earned the daily bread for their entire family. Now, when the poor farmers rose up for the protest was brutally killed. Keeping this merciless act of govt. how can we Indian say that, India is a democratic country, which is for the people by the people and of the people. In appearance it may be yes but in reality no!

The political Scenario is no way better. Few years back in Tamil Nadu Jaya Lalita created constitutional history by becoming the chief minister despite being disqualified from contesting the election on chares of corruption and having been convicted. Yet people favored a corrupted Jaya to communal B.J.P. alliance. In Bengal Mamata Banarjee too quit the N.D.A. alliance to join the congress in Kolkota. Infact it is surprising to note that in Bengal for many years the communist government has been ruling. It is not that people are willing to vote such leader rather peoples minds are corrupted during the election.

Let us pause and reflect the present situation of the nation. Many lost their lives few remained orphans and homeless due to natural calamities. Indian government is busy in organizing the cricket matches. Millions of people die out of hunger but millions of money is offered to the cricketers. How could we justify the justice of the Indian government? Which is so called democratic country. In my view it is not sufficient to say that our country is free. Yes! Country will be free when one will be concern towards

The needy, poor, marginalized, orphan and helpless. Otherwise, it will continue to show the picture of present India to her citizens. Justice, Liberty, Equality and Fraternity still continue to elude the common man.

Cultural Freedom

It is easy to speak on freedom especially when one is at a safe distance from the stench and sting of realities. It is easy to forget that others remain slaces just because one is luxuriating in a freedom that excludes a sense of fellow feeling. The enemies of our freedom (British) have left our country. But now we have become the enemies of our freedom. We do not have love and concern for our brothers and sisters. We just want to enjoy ourselves by putting others to hell. There is so much of terror, corruption and violence etc., in our country. The question is can freedom be real in situation of terror? Can liberty survive long after the arm of justice? Is the cultural freedom criticized or appreciated. Yes it is a greatest question mark (?) in this modern world.

Each part of the country has its own tradition and culture. It beautifies the nation

When it is considered as a whole. It is like a bouquet made of scattered flowers.

       Working Women and Sexual Harassment in Private Sectors

       As a citizen of India, a woman is entitled t equality in all spheres of life. The Constitution of India guarantees justice, liberty and equality to all citizens and prohibits discriminations on the grounds of caste, race, creed, sex and place o birth. In 1979, the UN General Assembly adopted the convention on the elimination of all forms of discrimination against women, which the government of India ratified. The convention emphasized that discrimination and attacks on a woman’s dignity violated the principle of equality of rights.

Constitutional guarantee, ratification of the ILO convention no. 100 and legal provisions has given protection to women workers but could not bring them at par with men. The recognition of the right to protection against sexual harassment is an intrinsic component of the protection of women’s human rights. In spite of all these provisions the status of women in the society is not what it should be. They are abused, misused, and exploited behaviors agencies/actors.

Sexual harassment at workplace is a universal problem. Even though the occurrence is a universal problem. Eve though the occurrence of sexual harassment at the workplace is widespread in India and elsewhere, it for the first time, in Vishakha’s case has been recognized as and infringement of the fundamental rights of a woman, under Article 19(1) (g) of the constitution of India.

It was in 1997, Vishaka vs. State of Rajasthan and others, that for the first time sexual harassment had been explicitly, legally defined as an unwelcome sexual gesture or behavior whether directly or indirectly .it was in this landmark case that the sexual harassment was identified as a separate illegal behavior. The critical factor in sexual harassment is the unwelcome ness of the behavior. The court has laid down norms and guidelines to be followed by employers or other responsible persons in the work places or other institutions to prevent or deter the commission of acts of sexual harassment as also to provide the procedures for resolution, settlement or prosecution of acts of sexual harassment by taking all steps required including setting up of Complaints Committees for redressal of the complaint made by the victim.

Sexual harassment and private sectors

Women constitute a significant part of the workforce I private sector of India. Participation of women in private sectors of India. Participation of women in workforce has been universally recognized. The prominence of workingwomen as a category has been a recent development; but the society has remained traditional in its attitude to women who work. Women lag behind men in terms of safe working conditions in private sectors as far as sexual harassment is concerned.

No wonder, women face multifarious problems in a country like India where patriarchy is the rule in every aspect of social life. Working women face more complicated situations than their male counterparts as majority of them have to play dual roles; responsibility at the workplace and in their families.

All over India 4934.4 thousand women are working both in public and private sector. Out them 41.2% are working in the private sector and rest of them are working in public sector. (Source: Ministry of Labour, Govt. of India, 2004).

In Delhi 30.25 thousand women are working in manufacturing, health services, social services, electricity, gas, water supply, construction, wholesale, retail trade, repair of motor vehicle, personal, household work, hotel, storage, communication, financial information, real administration, business activities, education, health and social work, other community social and personal activity and private households. In private sector 24.5%women are working in manufacturing area, 38.68% women are working in education, and 7.4% are working in health and social services. (Source: Ministry of Labour, Govt. of Delhi, 2003).

Women are often forced to work under the most disadvantageous service conditions in certain establishments, and cased of sexual exploitation reported on this are increasing day by day. In Delhi (2005), about 222. Cases of sexual harassment have been registered under section 509 of Indian Penal Code. (Lok Sabha Unstarred Question No. 4860,dated 23.05.2006).

Working women are very often sexually harassed at work places by their male employers, bosses, colleagues, and others but more often these cases are not reported by tem for fear of social ostracism, family pressure or reprisal through threats and discriminatory treatment. As a result, workingwomen often feel insecure at their work places.

Though the Supreme Court judgment is there, no law however, has been enacted to deal exclusively with this problem, which is of vital women throughout the country, similarly, constitutional guarantee, ratification of the ILO Convention No.100, and legal provisions has given protection to women workers but could not bring them at par with men.

The Vishaka’s judgment based itself not only on Articles 14 and 21 (equality and right to life of the Constitution, but also Article 19 (1) the right to ‘practice any profession or to carry on any occupation, trade or business. ’ The Supreme Court guidelines make employers and institutions responsible for implementing both preventive and remedial measure to make the workplace safe for women.

Implementation of Vishakha guidelines

Despite bold judgments by the Supreme Court, there is no sexual harassment complaints committee at most workplaces. Not many institutions have set up mechanisms like complaint committees to tackle sexual harassment. Most women, therefore, continue to suffer in silence, either enduring the harassment, or quitting their jobs when the going get too rough.

Because of the lack of awareness among women regarding their rights and what constitutes harassment, many women are still reluctant to come out in the open to press charges of sexual harassment at workplaces. After the Supreme Court produced the Vishakha’s guidelines, the private sector was forced to constitute complaints committees in all departments. But these committees just remain on paper and most of them have never met.

Most of the members in the sexual harassment committee are picked at random and told to be in the committee. None of the members have been given any training on gender sensitization; the Vishakha’s guidelines, or how a complaint of harassment should be handled with sensitivity and confidentiality. It is necessary that, only those who are sensitive towards women’s issues should be on this committee. Women should understand that sexual harassment is a crime of opportunity and power; it has nothing to do with her attire or her behaviour.

It is very important that Govt. should enact a comprehensive law on sexual harassment at workplaces. The Supreme Court guideline in the Vishaka’s case, empowering women against sexual harassment at workplaces and the Prevention of Sexual Harassments at the Workplace can ensure women’s safety in workplaces.

Only One

Since he became the general secretary of the Communist Party of China five years ago, Hu Jintao has done nothing to in spite the false hope that he is a reformer in the mould of Mikhail Gorbachev.On the contrary, he kept dashing democratic hopes by imposing fresh restrictions on the media and scuttling the party’s tentative plans for the first direct elections to the provincial assemblies. Neither China nor the world should therefore be surprised that Mr. Hu in his inaugural address at the party’s 17^th national congress, has ruled out political reform. What he has offered instead “intra-party democracy ” is familiar rhetoric that has no meaning to the ordinary Chinese. His speech makes it clear that the party has no intention of giving up its monopoly of power.

                                                                          

 But this emphasis on the central role of the party flies in the face of the people-growing clamour for political freedom. The cry for democracy in China is no longer restricted to dissident groups such as the Falun Gong or the followers of the Dalai Lama. Widespread, unrest among farmers is directed not just at the government’s economic policies; it is also an expression of the people’s desire to free their lives from official controls. The insistence on the party’s role is clearly born of a fear of its losing power and legitimacy. Ironically, Mr. Hu does not see that the absence of democracy is at the root of most of the problems that he is so concerned about. The widening social and economic gaps, corruption and even the grave environmental threats, that seem to worry him, are largely due to the party’s iron grip on power and the people’s inability to influence the decision making process. It is possible, as Mr. Hu promised, that China will increase its current gross domestic product by four times in 2020.but his references to the social and environmental costs of this development overdrive do not quite reveal the true picture. Some of the facts are staggering. Sixteen of the 20 most polluted cities in the World are in China. There is chronic water shortage in large parts of the country, owing mainly t o the break neck speed of industrialization. Most t of the country’s rivers is dangerously contaminated. The industries can get away with wantonly destroying the environment because their promoters are often in league with corrupt party officials. The one party rule sits uneasily on the brave new world of the Chinese economy.

Just Not Good Enough

I returned to Delhi after a week, turned on the telly and saw and absurd breaking news Sania Mirza loses. What’s new about that? It is stagle, predictable news, as are the regular announcements of the Indian Cricket team losing regularly. In fact, Indian sportsmen have been performing poorly in a consistent manner, be it in tennis or cricket. The hype surrounding the superstars is short lived. They start to lose after winning the first game because professionalism id non-existent in this country. Quick fix celebrity status has become a way of life and it is disappointing to find icons making a mockery of real excellence. In sharp contrast, our master artisans retain an unbroken tradition of fine craftsmanship. But alas, they do not find a place on the celebrity list.

There was a time in the not so distant past when celebrities were living, working thinking individual, people who stood out in the crowd. They not merely made ‘news’ on the pages of glossy magazines or in daily newspapers and tabloids. These men and women made impact on the international and national stage, breaking new ground. They were people who set fresh parameters, established new trends, opened stale minds by activating the latent imagination of the masses. They were leaders, the harbingers of change and growth. Today, the indiscriminate use of mediocre methods in the realm of excellence has lowered the level by which we once judged our best and the brightest. By celebrating mediocrity, we have diluted the quality of our creative growth and development. The best shy away from ant association with the mediocre and the result is a profound lowering of standards, particularly in the public domain.

Walk, Don’t Run

       Time was when, it is said, and cricket was a gentleman’s game. Then, many batsmen “walked”: if they knew they were out, they did not wait for the umpire’s decision but walked to the pavilion. The classic example of this was the English batsman, Jack Hobbs, who, on one occasion, turned around to ask the Australian wicketkeeper, Bert Old field, known for not making unfair appeals, what the appeal was about. When Old-field replied, “I think you are out, sir,” Hobbs said “Then I better go ”. But not all batsmen, even in the halcyon days of cricket, followed the high ethical standards of Hobbs. The most notable exception was none other than the great Don Bradman, who never walked. He argued that the umpire was the right person to decide if a batsman was out or not. He always accepted the umpire’s decision with a smile. He added that errors made by umpires cancelled themselves out in the course of a cricketer’s career. Walking has always been a contentious issue in cricket. It has suddenly resurfaced with the admission of Murali Kartik that he had actually snicked a catch and the umpire had not given him out. He carried on to play an innings that proved to be the turning point of the match.

       Sit is extremely difficult –if not impossible –to take and ethical stand on the question of walking. Answers will vary according to how cricket is viewed. The handful often scorned as fuddy duddies who view cricket, as something more than a game, as a way of life, will always argue that walking, since it is synonymous with honesty, should be as integral part of cricket. A major dent in this view is made by the example of Bradman, who played the game according to the highest possible standards. Against the old-fashioned idea is the more modern and professional one, which believes in the maximization of a given competitive situation. Upholders of this view would say that id batsmen are expected to walk, then bowlers should be expected not to make obviously unfair appeals and fielders should always acknowledge it when they take a catch that is not fairly held. Walking cannot be conditions are fulfilled in modern cricket and it would be silly to expect them to be fulfilled. There are good reasons to doubt, pace the idealized view of the game, if cricket was ever played under such conditions.

      

       Mr. Kartik, probably because he is still young, has made one mistake. He admitted that he had missed one tat escaped the eyes of the umpire. Other players in a similar situation would have kept quiet. It would be disingenuous to adopt a righteous and moral tone against Mr. Kartik. He did what almost all cricketers do today. There is one point that needs to be underlined in the context of this particular incident. Batsmen are entitled not to walk, but they should always accept the umpire’s decision, even when it goes against them. Favorable and unfavorable decisions should be treated at par. That will be true to the spirit of cricket or of any other sport.

No Change, Just Teasing

       There times when a story says everything you need to say, where comment or analysis adds nothing, and this is one of them.

       Recently a gentleman arrived in Calcutta with the intention of setting up house for a few months. He quickly found a good person to come and do the housework. Then the plumber and electrician came and repaired everything. The cooking gas organized itself amazingly quickly and the gent easily located all the shops where he could buy his food supplies. Next, our man went across to one of the local providers and got himself a mobile number without too much fuss. Finally, he found the phone number of the local liquor-shop and quickly established a home delivery upon demand relationship. At the end of the week it took to do all this, the gentleman found himself happily surprised. “Golly, this was not the Calcutta I knew when I last lived here! ” he said to all and sundry. “Why, this life set-up speed matches that of Bombay and Delhi!”

       Keep Trying

Unlike economists, politicians, especially in a democracy, have no choice but to deal with the people. The chief minister of Orissa, Naveen Patnaik, faces a politician’s challenge of making a major economic venture acceptable to the people. The steel project proposed to be built by the South Korean firm, Posco, in Orissa could truly be a momentous happening. Estimated to cost Rs52, 000crore, it would be the biggest foreign direct investment in India. The proposal is clearly a testimony to the faith that India has been able to inspire among investors around the globe. But the dilemma that Mr. Patnaik faces reflects a mismatch between this faith and the people’s perception of the benefits from such economic enterprises. The reason why Posco chose Orissa for the project is obvious. The state’s reserves of good quality iron ore have also attracted several Indian steel firms. But if the Posco project has not made much progress in the past two years, it is because the people who would be displaced by it are not convinced about its benefits to them. It is a truism that natural resources do not create wealth unless they are put to economic use. Orissa’s grinding poverty only illustrates this.

       Persuasion, rather than force, is the only option available to Mr. Patnaik. He can draw his lessons from the events at Nandigram in West Bengal, where a proposal for a chemical hub had to be abandoned by Buddhadeb Bhatacharjee following violent mass protests against it. But both the center and the state governments should ask themselves why the common people are getting increasingly worried, rather than enthused, about big investment proposals. For long, governments ignored the people’s anxiety about losing their land and livelihoods to large industrial ventures. The protests at Nandigram, Jagatsinghpur and elsewhere in the country have forced New Delhi to recently draft a relief and rehabilitation policy. Even the Supreme Court has frowned on at in the name of “public good” and hand it over to private entrepreneurs. While there is reason to be optimistic about the country’s gross domestic product reaching nine per cent, the seamier side of development can no longer be overlooked. Mr. Patnaik has to be inventive in order to win over the skeptics. It is not an easy task, but the cost of not trying can be very high.

       Get Real

       The twin blasts in Pakistan have done for Benazir Bhutto what would have taken her months to accomplish. They have turned her into a martyr for the cause of democracy and turned public sympathy in favour of a leader who, not too long ago, had attracted much derision for striking a deal with a dictator. Ms Bhutto has announced severally since the carnage that she was aware of the dangers to her life when she returned to Pakistan and undertook the triumphant march towards the tomb of Muhammad Ali Jinnah. And now, despite the looming threats, she is ready to start her campaign from Larkana for the return of democracy. Defiance of the threat to life is surely more honourable than defiance of the threat of arrest and deportment. Ms Bhutto naturally scores over her chief contender, Nawaz Sharif, who still has no option but to watch the swift turn of events from distant shores. That is, until the Supreme Court plays the spoiler, strikes down Ms Bhutto’s ‘reconciliation’ with autocracy, and paves the way for Mr. Sharif’s return for a democratic contest. Till then, Ms Bhutto can hope to capitalize on the sudden surge of emotions for her. Together with her pointed campaign for the common man, she can even make headway before the Supreme Court knows its mind and the General finds ammunition to fight the gathering storm.

       But there are indications that Ms Bhutto is labouring from a severely compromised position. This was evident from the way she changed tack and placed the blame for the blasts on supporters of a former dictator and their use of terrorists, instead of directly accusing the Pervez Musharaf administration for and intelligence failure. Ms Bhutto obviously sees a divided army, one half friendly towards her, the other half antagonistic.  But the blasts were the handiwork of oligarchs fearful that democracy would loosen their hold on power; need she be concerning herself only with the threat from Ziz-ul-Haq loyalists? Would the General and his army men allow a Bhutto may try to remain blind to it, by political power, even in the kind of democracy she is planning for the for country, will remain with the elite. If she wishes her people to have true democracy, Pakistan’s army to be purged of ‘traitors’, its borders to be cleared of terrorists and its trade to reach an unprecedented high, Ms Bhutto has to get more realistic, and a little more brave.

Just One

       It is ironic that the proper functioning of the judiciary should make news. But given the delays, backlog and the innumerable distractions that come in the way of the delivery of justice in India, the event of the judiciary arriving at a mementos decision on four high-profile cased on the same day cannot but be described as fortuitious.through each of its judgments, which will equally touch the lives of a powerful politician Samajwadi Party legislator, Amarmani Madhumita Shukla murder case, senior policemen connaught place shootout, religious fundamentalists and way ward civilians the judiciary has reiterated the cardinal principle of a democratic state that no one is above the law. There is another powerful message in the judgments justice delayed is not always justice denied. In at least three of the four cased, the verdicts have come at least a decade later. But in all of them, the course of justice has been doggedly pursued, sometimes at the initiation of the higher judiciary itself. In the Madhumita Shukla murder case involving Tripathi, the Supreme Court had ordered the transfer of the court proceedings to Dehra Dun to prevent political influence from jeopardizing the procedure. In a slew of verdicts, reopening of cases and revision of previous judgments for over more than a year the judiciary has not only shown a willingness for self-correction, but also a greater sensitivity to the needs of the wronged.

However, the four cases, all of which may go for retrial in the higher courts, should not distract attention from the fact that for each successful case, there are innumerable others crying out to be heard. There has still not been any significant judgment on the Gujarat riot cases, or in the other high visibility case of Nitish katara`, leave alone the injustices committed in rural and semi-urban India that never make it to the national consciousness. Speed in the disposal of cases is essential not only to give confidence to the victims but also to make the system of justice appear transparent and efficient to the public. Which is why it is so important that cases, which are in the public eye, as that of Rizwanur Rahman, are accorded the urgency they require. A system that takes six years for the simple procedure of a hearing (as in the Chinkara case involving Salman Khan) may appear befuddling to the public. 

Fresh Start

Mass surrenders by militants are not new in the Northeast. Neither the army nor the Assam government would really expect the surrender of thirty odd members of the United Liberation Front of Asom to signal the collapse of the rebellion. But it is an important victory for the authorities, just as it must be a major wet aback for the Ulfa’s morale. Northeastern insurgencies, like guerrilla wars anywhere, are battles of attrition in which psychological strength may be more important than firepower. The Ulfa has been the most intractable of the insurgents in the region. The end of the Mizo rebellion in 1986 and the decade long Naga peace talks have not prompted any real change of heart in the Ulfa leadership. On the contrary, the Ulfa leaders abused both the army’s unilateral ceasefire and the recent peace initiative in order to re- group and re-arm its cadre. Worse still, the Assamese rebels have a particularly notorious record of killing innocent people. If the battle against the Ulfa has not had better results so far, it is largely due to the conflicting perceptions and strategies of the army and the state government. Such confusions not only help the rebels but also send out wrong signals to the common people.

The surrender of the Ulfa activists also raises an old question. What the state government does in order to help these rebels join the mainstream is an important element in the fight against insurgency in the region. True, the Union home ministry has an assistance package that includes a monthly stipend and provisions for training the former militants in various trades. But Assam has a rather unsavory experience of the state government’s handling of the matter. In the Eighties, the ruling Congress sought to use groups of surrendered Ulfa activists for party politics. With an abundant supply of money and other resources from the government, these former rebels became law unto themselves, terrorizing the common people and fleecing businessmen. The chief minister, Tarun Gogoi, cannot afford to repeat those mistakes. Handled carefully, the rebel’s surrender can have it s propaganda value. Their stories of the Ulfa leaders unethical ways can help bust the myth about the latter’s idealism. If successfully rehabilitated in normal life, they can inspire other rebels to be brave enough to make a new beginning.

       The debate hasn’t ended

The Lok Sabha was adjourned in the last week of August following raucous acrimony over the issue of parliamentary prerogative to decide the rights and wrongs of a foreign treaty signed by the government. The debate is currently in a limbo. That does not mean that it has lost its relevance.

The speaker of the Lok Sabha, apparently, has no doubt in the matter. In terms of Entry 14 of the Union list in the Seventh Schedule of our Constitution, entering into treatise and agreements with foreign countries and implementing of treatise, agreements and conventions with foreign countries are a prerogative of the Union government. This prerogative, the speaker must have assumed, is absolute; Parliament can at best debate various aspects of a treaty entered into with a foreign country, but cannot vote on it; till as long as the government has the confidence of parliament, it can go ahead and sign treaties and agreements with foreign governments and international agencies.

There is problem though. For the Union list defines the ambit of authority of not just the executive, but also that of the legislative body at the Central level. That legislative body is Parliament. Since Parliament has the power to legislate on a subject covered by any entry in the Union list, it arguably should have the right to give its opinion on each and every aspect of it. This particular argument would seem to gain further ground from the contents of Article 253, which reads, “… Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body. ”The purport of the article is abundantly clear. In case a treaty signed by the government with a foreign country entails any legislation for its implementation, Parliament has to come into the picture; if Parliament refuses to pass the necessary legislation, the treaty would be stillborn. The legislature, it follows has a say in the matter of signing a foreign treaty; the executive cannot appropriate for itself the role of the sole arbiter of its merits.

     Knowing Well

The Securities and Exchange Board of India has taken the first steps towards phasing out participatory notes. The Reserve Bank of India hates them, and would long ago have liked to see an end to them. But foreign institutional investors find P-notes a great convenience; and the finance ministry, which is more sensitive to the need for a favorable investment climate, had hitherto opposed their termination. Four years ago, the ministry appointed a committee representing all contending interests. It recommended confining the issue of P-notes to regulated entities subject to KYC requirements. Once implemented, this recommendation should have addressed the RBI’s misgivings about the ‘quality’ of the inflows. It evidently did not. It is necessary to ask what KYC or ‘know your customer’ means in this context. Sebi allows only those FIIs. The concept of KYC can be as issue only with regard to the FII’s customers- those who hold or trade in Indian securities through FIIs.

It would be unreasonable to apply KYC requirements to each of the millions of transactions the FIIs may put through for their customers it should be enough if they maintained a record of customers and satisfy KYC requirements for them according to Sebi’s specifications. These would be satisfied if the FIIs had the required details about the customers available for Sebi’s inspection n their Mumbai offices, and if they sent the details to Sebi and the RBI once a year. There is no such clear requirement. When Sebi asked UBS securities for details of some customers, it refused, and appealed instead to the securities appellate tribunal. But there is no reason why Sebi should not insist on a disclosure clause in the licences of all FIIs.

Whether this practical solution was tried out or not, it is obviously not sufficient for the RBI. If Osama bin Laden wishes to invest in the National Stock Exchange, he is hardly going to do so in his own name; he would do through Maharshi Hindutva Corporation or some such front organization. The RBI could set up a surveillance mechanism. But it finds it earlier and safer simply to get paranoid. Termination of P-notes will force every FII customer to get a license from Sebi, but that cannot allay the RBI’s fears. The only cure for of political incorrectness. It hates foreign portfolio investment because it adds to reserves; and it hates reserve accumulation because it makes capital controls unnecessary. The RBI is worried about being done out of its job of controlling and meddling, and will do anything to keep the job.

Signed Up

This is the third time in 20 months that the Supreme Court has found it necessary to insist that all marriages be registered. State governments had dillydallied over the instruction since February 2006,very few of them even bothering to file the compliance or non-compliance report within three months as required. That some states had proceeded a few why steps by making registration of marriages compulsory for Hindus only exposes the ineradicable fear all Indian politicians seem to have of annoying the minority communities. They are unable to think out of the groom of vote bank numbers; women cheated of their rights simply do not appear on their horizon. In Jul this year; the court made clear that registration was meant for all r3eligions. It is absurd that the court should have mentioned this. Apart from the fact that a simple point of law cannot be made without evoking and resisting the politics with which everything is always enveloped, there is also the far more pressing reality of the increase in the number of intercommunity and inter caste marriages. A major benefit of registration, apart from gender justice, would be protection, of both partners from unfair religious or social pressure.

Typically, West Bengal does not figure in the list of states that have done something about making registration compulsory. It has claimed, however, that it has amended the especial Marriages Rules, the Hindu Marriage Act and the Registration of Muslim Marriages and Divorces Registration Rules. That is, again typically, clever, but obviously not what the Supreme Court wants. West Bengal, just like everyone else, has been given three months to implement registration and frame rules for it in such a way as to make clear the consequences of not registering a marriage. Citizens can only wait and see.

Abortion and the Teaching of the Church on Life

The church cannot remain silent on the topic of abortion. She is conscious of the fact that it belongs to her vocation to defend the human being against everything that could disintegrate his or her dignity. Rising her voice in defense of life, especially that of the defenseless and unknown, the church calls health c are workers to professional loyalty, which does not tolerate any action which suppressed life, despite of the risk of incomprehension, misunderstanding and serious discrimination which this consistency might cause.

The Old and the new Testaments

Death was not God’s doing, he takes no pleasure in the extinction of the living (Wis.1: 13). In the human level, it was the devil’s envy that brought death into the world (Wis.2: 24). Introduced by sin, death remains bound up with it: death is the sign and fruit of sin. And death like sin will be definitively defea5ted by the Resurrection in Christ (1Cor. 15:20-27). Thus we understand that human life, even on this earth, is precious. Infused by the Creator, life is again taken back by Him.

Life remains under God’s protection: man’s blood cries out to Him (Gen. 2:7; Wis.15: 11) and he will demand an account of it, for in the image of God man was made (Gen.9: 5-6). The commandment of God is formal: “you shall not kill” (Ex. 20:1).

Public Pressure Against Life

In many countries public authorities that resist the liberalization of abortion laws are the object of powerful pressures. Numerous Christian lay people, especially doctors, but also parents associations, statesmen, or leading figures in posts of responsibility have also vigorously reacted against these intense propaganda campaigns. Above all, many Episcopal conferences and many bishops action in their own name have judged it opportune to recall very strongly the traditional doctrine of the Church. Echoing the voice of the Church, the Catholic Bishops Conference of India, for instance, affirms that, “Human life is inviolable. It has sanctity. No one can take away an innocent life. We believe that every person has the fundamental right to life from the moment of conception till life’s natural end in this world. We believe that God alone has sovereign dominion over human life.”

       The first Right of the Human person is his life

Human person has also other goods, other values and some are more precious than life, but life is fundamental; it is the condition of all the others. Hence it must be protected above all others life does not belong to the society, nor does it belong to the public authority in ay form to recognize this right for some and not for others: all discrimination is evil, whether it be founded on race, sex, colour or religion. It is not recognition by another that constitutes this right. This right is antecedent to its recognition; it demands recognition and it is strictly unjust to refuse it.     

No change, just teasing

While this was quite pleasing, especially when coupled with thoughts of Marilyn and Alva, the thing did take a very long time to carry out simple actions such as send an email attachment or download a homepage. So, after some thought, our main character decide it was time to get a proper broadband connection. I’ve got a good guy, said a friend; he provides all the broadband connections at my office. I’ll send him to you tomorrow.

The next day, the doorbell rang and a young man presented himself to our settled citizen. Debroop Mitra, sir! Said the young man, extending his hand. From..! He added, casually drap89ng the all India famous name of his company over the introduction. Everything about the young man was both dapper and can do from his neatly tucked in shirt to his fluent sales patter. Could he provide a decent broadband connection? Can do sir! Could it be done quickly? Can do sir! Will have to, in fact, sir, because we have to meet our end of month targets! In two, maximum three days you’ll be fully connected. Was the connection reliable? Of course sir, after all we have our Name and our reputation sir, bujhte to parchhen! As you know, this is not the only thing our company does, but everything we do with India!        

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