Editorials January 2013 for 27th and 28th July.docx

7/27/2019 Editorials January 2013 for 27th and 28th July.docx

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Editorials February(for Current Affairs - 27th and 28th July)(Editorials from The Hindu 15th -28th February 2013)

Saving the Railways, for the aam aadmi

A Railway Minister is sacked midway through the budget session of Parliament, a ratherbizarre first even for the 160-year-old rail network. An information website, http://railradar.trainenquiry.com/shows that at any given moment, not more than 60 per centof the trains are running on time. These two seemingly related, yet unconnected, scenarioshave one common factor: the aam aadmi . In the first case, the Ministers well intentionedmove to raise lower class passenger fares was seen by the powers that be as blatantly anti-aam aadmi . The second is the ultimate manifestation of a policy of relentless proliferationof train services each year in the name of helping the aam aadmi , without adequate line andterminal capacity and supporting infrastructure, leading to an overstrained system. During

the last decade, the number of new train services announced during each budget varied from46 to 105 under four different Railway Ministers. This excludes frequencies of trains whichwere increased, and extensions of existing services.

More than most other sectors, many initiatives and decisions taken (or not taken) by theRailways are supposedly for the benefit of the aam aadmi , the proverbial common man.This focus is unavoidable as the Railways remain the cheapest, yet fastest, mode of travel forthe countrys millions. However some of these measures have exactly the opposite effect inthe long run. In the case of the burgeoning additional train services, even a minor incidenthas a cascading effect on the punctuality of a large number of trains, inconveniencing tensof thousands of passengers. Punctuality at intermediate stations is almost non-existent.The Railways own statistics of punctuality put the figure usually above 90 per cent.This is because the Railways reckon punctuality based on the right time of arrival at thedestination, irrespective of how late a train is in between, whereas the website shows theactual instantaneous position. To achieve destination punctuality, the running schedule isoften padded up with extra time towards the end of the journey. This in effect eats into linecapacity.

Railways in general and Indian Railways (IR) in particular, because of its large publicservice footprint and load of unremunerative projects, are inherently unbalancedfinancially. Long gestation periods of projects, their capital intensive nature and time lag

between investment and generation of revenue make substantial budgetary support fromthe government unavoidable. The usual advice to IR to generate revenues by monetisingsurplus land or selling off scrap is that much pie in the sky the revenue inflow fromsuch sources is at best sporadic, unpredictable, process-ridden, and, ultimately, self-limiting.Whereas the main items of expenditure staff and fuel/energy costs often vary almostinstantaneously, the only immediate means available to even partially offset them is anincrease in fares or freight tariff.

No one asks a fruit seller whether an apple that cost only Rs.20 till yesterday and now beingsold at Rs.30 will taste sweeter. No one expects the duration of power cuts to reduce even ifthe power tariff is doubled overnight. Such increases are taken in their stride as the naturalconsequence of inflation, rise in input costs or market forces. But the moment the Railways


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increase the fares even nominally, the demand or expectation is for additional facilities.The Railways themselves are to blame to a large extent for nurturing such unreasonableexpectations, keeping fares unchanged over long periods, ostensibly in the interest ofthe aam aadmi . Instead, freight tariffs are increased, either directly or by indirect levies, tocompensate the loss on the passenger front. This increases transportation costs of essential

commodities, pushing up prices affecting the aam aadmi over a wider population. It is thisshifting of the burden from the actual rail users to the society at large that is applauded inParliament with loud thumping of desks whenever a Railway Minister heroically announcesno fare increase. While some cross-subsidisation is unavoidable in the Indian context,

prolonged suppression of passenger fares also imposes costs on the society. The setting upof an independent Railway Tariff Regulatory Authority, hinted at in the last budget, shouldhopefully free the Railways from the politics of fare and freight tariff fixing, pun unintended.

The unbalance is also systemic. IR is perhaps the only railway system in the worldthat still has its own full-fledged medical, security and manufacturing establishments.

Consequently, it carries a disproportionately heavy burden of administrative costs. Thereare more security personnel (60,000) and medical staff (57,000) than train drivers (36,000)apart from 44,000 in the Railways functioning production units. This is not to belittle thecontributions of these sectors but to stress that with its present organisational structure, thestaff costs are disproportionately high. Added to this is the decadal onslaught of the PayCommission that delivers a virtual body blow to Railway finances. The last (Sixth) PayCommission added about Rs.13,000 crore to the annual wage bill, representing a 50 per centhike during 2008-09.

Fine. So, why dont the Railways shed the off-line activities and get out of the ambit of the

Pay Commission by appropriate restructuring? More easily said than done. At least fourExpert Committees in the last two decades have recommended some form of reorganisation,away from the monolithic bureaucracy of today. But to expect the Railways themselves toinitiate any basic structural change is like asking a man to voluntarily jump off a cliff. Theinitiative or push for such change has to come from outside. And any such change is boundto be painful and even disruptive for a period, and a major political gamble. But given therealities of coalition politics of the day, it is highly unlikely that any government at the centrein the foreseeable future will have the stomach to even attempt such a major initiative.

What are the implications of the status quo to the aam aadmi ? First, there is only so much

that one can expect, in terms of quality of service, from a monolithic bureaucraticallystructured entity operating as a virtual monopoly in the railway sector. This is not a reflectionon the quality or commitment of a majority of railway personnel but has a lot to do with theincentives driving a form of organisation that is designed for stability, is precedent-driven,risk-averse and focused on vertical, functional silos.

Second, as structured at present, heavy staff costs buck the generation of internal resources.The Railway Budget 2012-13 proposed an outlay of Rs.7.35 lakh crore during the 12th FiveYear Plan (2012-2017) of which the major share of funding of Rs.2.5 lakh crore (34 per cent)is through gross budgetary support (GBS), followed by Rs.2.18 lakh crore through Extra

Budgetary Resources (mainly commercial borrowings), Rs.1.99 lakh crore through internalresource generation (IRG) and the balance from other sources. The Plan is thus heavilydependent on GBS and costly commercial borrowings. Under the circumstances, adequate


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and consistent budgetary support becomes a necessity, not an option. It however needs tobe remembered that this funding source (GBS) has myriad alternative uses in other crucialsectors affecting the aam aadmi , such as health and education.

What are the immediate prospects? There is a window of opportunity presented by the twoDedicated Freight Corridor (DFC) projects which are already in progress, that can boost the

freight earnings substantially and release capacity in the existing trunk routes. It is of utmostimportance to complete these projects and make them operational before the effects of thenext Pay Commission deal a near-fatal blow to the Railways finances around 2017-18. Inthe interim, no additional passenger train services should be introduced.

For the Railways it is back to basics. While it is necessary to dream about and plan for bullettrains whizzing past at over 300 km/hour, it is useful to remember the lament of an aamaadmi almost a century ago:

During the whole journey, not once was the compartment swept or cleaned. The closetwas also not cleaned during the journey. No water in tank. The return journey was no

better. The compartment itself was evil looking..It was pestilentially dirty MohandasKaramchand Gandhi, describing a train journey in September 1917.

The daily concerns of todays aam aadmi remain unchanged. The period of moratorium onadditional passenger train services should be utilised to pull up the quality of basic servicesoffered to the aam aadmi in terms of safety, punctuality, cleanliness and courtesy.

As for the political establishment in general and the highest levels of the government inparticular, here are a few suggestions: Stop tinkering with the Railways in the name ofcoalition dharma ; treat it on a par with the Big Four Home, Finance, Defence and

External Affairs; evolve a National Railway Policy with consensus across the politicalspectrum and a long-term common minimum growth plan spanning at least 10 to 15 years,that will be binding irrespective of who or which party or combination is in power.

A climate of drift, sudden policy switches and adhocism only serve to keep a great institutionfar below its true potential. And that perhaps is the biggest disservice that can be meted outto the nations aam aadmi .

(K. Balakesari is Former Member Staff/Railway Board. Email: [email protected] )

The government must stop tinkering with this public service provider in the name of

coalition dharma . There should be a freeze on adding passenger trains and the focus

must shift to improving existing services.

Looking East, first in the line of sight

Union External Affairs Minister Salman Khurshids upcoming visit to Bangladesh onFebruary 16-17 is significant on several counts.

It will be his first visit since assuming office in 2012, and comes weeks after the twocountries signed an extradition treaty. While there, he is expected to chair a meeting of theIndia Bangladesh Joint Consultative Commission and review the gamut of the relationship.

The visit gains further significance in the light of the violence in 2012 between tribalsand Muslims in Assam, which is rooted in the issue of illegal migration from Bangladesh.Bangladesh is crucial to Indias Look East policy as New Delhi seeks to foster closer


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cooperation with its neighbours to bring about economic development and prosperity inits long-neglected north-east region. Further, Indias foreign policy has a growing regional

perspective, of which Bangladesh is an important component.

The visit could also lay the groundwork for a landmark visit by President Pranab Mukherjeeto Dhaka in March.

The relationship has been a priority for both the Congress-led United Progressive Alliancegovernment and the Awami League government in Bangladesh, with a host of high-levelvisits in the past two years. Bangladesh Prime Minister Sheikh Hasina visited New Delhi inJanuary 2010. Under her regime, Bangladesh has also handed over key United LiberationFront of Asom (ULFA) militants in its territory to India.

Prime Minister Manmohan Singh paid a historic visit to Dhaka in September 2011. Thevisit, the first by an Indian leader in 12 years, resulted in the signing of a crucial boundaryswap agreement allowing about 50 Bangladeshi enclaves inside India to be integrated withinBangladesh and about 100 Indian areas inside Bangladesh to become a part of India. Other

agreements included promoting trade, investment and economic cooperation; boostingregional connectivity and people-to-people contacts; transmission and distribution ofelectricity; promotion of educational and cultural cooperation and environmental protectionamong others.

In this context, a relevant development took place in Guwahati on February 1 in the form ofthe Maitree Summit, a track-II dialogue between India and Bangladesh. The summit gainssignificance on account of some of its important observations and recommendations.

Organised by the Youth Forum on Foreign Policy (YFFP), a Delhi-based think tank and

the British Deputy High Commission in Kolkata, the dialogue brought together Indian andBangladeshi speakers from academia, media, business and politics and held out the promiseof stronger cooperation between the two neighbours.

The broad message was the need for India and Bangladesh to cooperate in as many areasas possible including the development of infrastructure, labour and skills, mitigatingenvironmental disasters and diplomacy.

Joint academic cooperation as a means to address issues complicating the India-Bangladeshrelationship could focus on research on illegal migration, the enclaves, arms proliferation,drug trafficking, transition rights, water-sharing, terrorism and fundamentalism.

Assam Chief Minister Tarun Gogoi made a strong pitch for boosting trade, cultural andtransport links between north-east India and Bangladesh as it would benefit the entire region.He also alluded to the common destiny of the two regions Assam and Bangladesh faceclimate change, floods, soil erosion, a porous border and smuggling and called for jointefforts to tackle them. The future of north-east India also depended on relationships withneighbours such as Bangladesh, Nepal, Bhutan and Myanmar.

The Bangladeshi delegates expressed disappointment over the failure to reach an agreementregarding the sharing of Teesta waters when Dr. Singh visited in 2011. There was alsoa sense that Bangladesh sought an equal standing in its relationship with India. Whileacknowledging that Dhaka needs New Delhi, it was pointed out that China and Myanmarwere also helping Bangladesh in several areas. It was also in Indias interests to see a stableand prosperous Bangladesh because of the inextricable ties between the two countries.


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A survey conducted by YFFP in January showed that young Indians did not appear to givemuch importance to their immediate neighbours, other than China and Pakistan. Only three

per cent of the respondents felt Bangladesh is important while 43 per cent said relations withthe United States are the most significant, followed by China and Pakistan.

While the summit stressed the importance of people-to-people contacts in enhancing India-

Bangladesh ties, the survey points to the need for more young people to be involved in suchcontacts.

(Gaurav Gogoi is co-founder, Youth Forum on Foreign Policy. Urvashi Sarkar and Pratyush

N. are freelance journalists)

A prosperous Bangladesh is in Indias interest, and will benefit its north-east States

Facing the acid test

The last thing the country wanted was another victim of gender-based violence in Indiasuccumbing to injuries long after the crime had been committed. The death of J. Vinodhini,

a 23-year-old B. Tech graduate, due to complications caused by a heinous acid attackin Puducherry on November 14 last year, is not just another addition to the large and,regrettably, increasing database of offences against women; rather, it is an example of theinexplicable masculine tendency to inflict grave injury on women in such manner thatsomeone merely going about her life is converted overnight into a symbol of victimhood,forced into a battle for survival and then transformed by death into a brave-heart she did notaspire to be. On the surface, such attacks may be the perverse product of unrequited love butthey bear the ugly imprint of a violent, patriarchal culture that valorises the right of a man tostalk, possess and eventually even disfigure the woman he desires. All will empathise

with the trauma and agony undergone by Vinodhini and her family due to the senseless actof a spurned suitor. It is only appropriate that the law recognises their pain and the needfor meet justice. The Justice Verma Committee recommendations on this find expressionin two new sections in the Indian Penal Code (Sections 326A and 326B) introduced by theFebruary 3, 2013, ordinance. These envisage a maximum of 10 years in jail for those causingdisability or disfigurement through the use of acid, and a five-year term for throwing ortrying to throw acid on another.

Since the fear of arrest under stringent laws is unlikely to deter a crime of passion, expertsfeel the primary effort to curb acid attacks must lie in reducing easy access to the means

to commit the crime. The Supreme Court has directed State governments and the Centreto meet and discuss provisions to regulate the sale of acid, to ensure treatment, care andrehabilitation of victims, and for payment of compensation. Scaling up facilities for

psychotherapy for those feeling depressed or rejected is another possible intervention. Beit the physiotherapy student in Delhi who is now an iconic figure in the copious annals ofsexual violence in our country, or Laxmi, an acid attack victim who approached the SupremeCourt in 2006 seeking a special law to deal with the use of acid to maim women physicallyand destroy them psychologically, it is not enough to remember their courageous fightfor staying alive or their desire to bring their assailants to justice for their symbolic value.

Rather, their death and suffering should occasion a determined revisiting of our laws andpractices, attitudes and prejudices.

Wrestling with a shocker


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The Executive Board of the International Olympic Committee (IOC) has come up with ashocker by voting to recommend that wrestling be pushed off the Olympic mat in 2020. Itis an unexpected, cruel blow to a sport that was part of the ancient Olympics and figuredin the inaugural modern Games in 1896 and every subsequent edition except 1900. If itfinally goes out of the 2020 programme, it will be the biggest sport yet to be axed from the

Games. The IOC Board has expectedly drawn flak from around the globe for its decisionbut a final picture will only emerge at its General Assembly meeting in September when thevenue for the 2020 Games will also be chosen. Wrestling will get another chance in Maywhen it will be clubbed with seven other previously-approved disciplines for considerationof the IOC Board which may recommend more than one sport to its Session, although justone will make it eventually. The IOC goes through an elaborate assessment before deletingor including a sport in the Olympic programme. That is precisely the reason why its latestdecision is looking downright absurd if not biased. In a majority of the 39 criteria that theIOC programme commission applies to formulate its evaluation report after every Olympics,wrestling should score over at least modern pentathlon, which was widely tipped to get theaxe.

Several critics, besides the International Wrestling Federation, have pointed out that aclash of interests among the IOC board members voting to pick the 25 core sports forthe 2020 Games could have contributed to the outcome. The question of excluding modern

pentathlon, a sport that combines fencing, swimming, horseback riding, shooting andrunning, invented by Baron Pierre de Coubertin, founder of the modern Olympic Games,might have touched an emotional chord among the members. But there is no denying themore popular appeal of wrestling, a sport that is easy to follow, and, alongside running, isan elemental discipline that embodies the spirit of the Olympics. The fact that wrestlinghad medal winners from 29 countries, more than the number of participating nations (26)in modern pentathlon at the last Olympics, should clinch the argument about universality,something the IOC seriously advocates. The IOC Board does not have a member from anyof the dominant wrestling powers including the U.S. and Russia. India, which won two ofits six medals in the London Olympics in wrestling and has four in all from the sport is justifiably upset at a time when its National Olympic Committee stands suspended. Subtlediplomacy, rather than strident criticism against the IOC, may yet help the Sports Ministrycontribute to the rescue of the sport.

In search of a revolutionary roadThe American Psychiatric Association (APA) will release the fifth edition of itsDiagnosticand Statistical Manual(DSM-5) in May 2013. DSM-5 has been years in the making. The

process included planning sessions, international research conferences, review of literature,a series of monographs, secondary analysis of data and field trials involving hundreds ofscientists and clinicians, drawn from many countries and disciplines, and feedback from the

public. Many interest groups neurologists, psychologists, insurance and pharmaceuticalindustries, legal and forensic fraternity, military veterans and anti-psychiatry groups have

been watching the process and outcome closely as the DSM has a wide impact. The Indian

Psychiatric Society also submitted its views to the APA.The DSM-5 has pursued the basic framework adopted by its forerunners, DSM-III and itssuccessors DSM III R, IV and IV TR. DSM III, with its atheoretical approach, objective


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diagnostic criteria and specific exclusions, was revolutionary at the time of its introduction in1980. Its focus on standardised diagnosis and on improving inter-rater reliability had a majorimpact on psychiatric practice and research. It soon became the international standard.

The absence of laboratory tests to diagnose mental disorders forced psychiatry to focuson clinical presentations for this purpose. The lack of pathognomonic symptoms required

the discipline to rely on identifying collections of symptoms to define clinical syndromes.Psychiatric classifications include medical conditions (e.g. delirium, dementia and

psychiatric manifestations of medical diseases), severe mental disorders (schizophrenia,bipolar disorders, psychotic depression, and stupor) and stress-related conditions (e.g.depression, anxiety and adjustment disorders).

The DSM laid out objective criteria for diagnosis. It offered differential diagnosis in orderto distinguish similar conditions. It allowed psychiatrists working around the globe to readfrom the same page. It facilitated collaboration and comparison. It improved communication,standardised research, increased, and improved the evidence base. A unified language also

helped mental health activism.Despite major advances and significant progress, the DSM has many critics. Most detractorsare free with their criticism, without providing comprehensive solutions to the complexissues facing people with mental illness. Defining mental illness is no simple task. Asingle definition to partition health, illness and disease has proved to be extraordinarilydifficult. The diversity of and heterogeneity within these conditions are major challenges.Typically, patients emphasise distress and suffering, while psychiatrists diagnose and treatdiseases. Mental disorders include both disease and illness. Nevertheless, diagnosticcriteria for psychiatric disorders did not bridge the classical disease-illness divide between

physicians perspectives and patients subjective experience of sickness. In fact, the DSMresulted in language, concepts and frameworks, which contrasted starkly with those held

by patients, impeding understanding of the illness experience and diminishing the role ofpatient narratives. In addition, DSM could not overcome the fact that different etiology andpathology can result in similar clinical presentations, and that a particular cause can producediverse clinical manifestations. Research and specialist interests also increased manifold thenumber of diagnostic categories.

The difficulty in separating disease from distress is a major challenge. The DSM systememphasised symptom counts to identify psychiatric categories, with little regard for the

context (e.g. psychosocial stress, personality, and coping). This strategy improves reliabilityof diagnosis for non-psychotic conditions associated with psychosocial adversity, butalso includes people with normal responses to such difficulties. Psychiatry tends to reifydiagnosis, making abstract concepts concrete. Psychiatric practice transmutes clinicalsyndromes (collection of symptoms) into diseases.

The DSM III also suppressed etiological debates about mental disorders and placed them onthe back burner. The biomedical model, which undergirds the approach, became dominant,annihilating psychological, behavioural and social conceptualisations. However, the APAargued that reliable diagnoses would result in the recognition of underlying neurobiological

substrates and facilitate etiological research; it would lead to the development of new andmore effective treatments.


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However, the frequent revisions of the DSM, with minor changes often based on limitedevidence, also prompted debates on the motivation of the APA. The numerous minor andmajor disagreements with World Health Organisations International Classification ofDiseases (ICD) -10 diagnostic categories supported the argument that most changes werearbitrary as there was no agreement among international experts. The DSM had to contend

with many charges including medicalising normal reactions, lowering diagnostic thresholdsto create spurious epidemics, creating new categories without evidence, using medicationresponses to define categories and playing into the hands of the pharmaceutical industry.

Defenders of the DSM argue that its primary purpose is to enable psychiatrists to reliablyidentify individuals who seek clinical attention, and to facilitate communication amongclinicians and researchers. The field of psychiatry has to grapple with the current state ofknowledge with its inherent limitations. The lack of laboratory diagnosis, poor understandingof genetic basis and psychological vulnerability, and the need to provide categoricaldiagnosis for phenomena which lie along a spectrum (e.g. depression, anxiety, cognitive

impairment and substance misuse) are difficult challenges.The most ardent supporters of the DSM acknowledge its imperfections but argue that itreflects our current understanding and state of the science. They contend that DSM-5 is notan attempt to define normal and that being normal is not the same as not having a DSM-5 diagnosis. They argue that having a psychiatric diagnosis is not the same as being insaneor crazy, stigmatising labels, which do not apply to the vast majority of people with a DSMdiagnosis. They suggest that prescribing medication for any condition in preference to timeand labour-intensive psychological interventions is dependent on many factors, includingthe economic realities of medical practice, and does not necessarily imply medicalising

normality.The use of a single set of criteria, useful to psychiatrists working in specialist settings, inother locations (e.g. definitions for legal use and for reimbursement, in primary care andacross cultures) is not without problems. There was also pressure from patient and usergroups, as any changes to the DSM-IV categories in the new revision would have affectedtheir claims for disability support and health insurance. Consequently, there were demands toenlarge and to reduce the diagnostic net from different quarters.

A close examination of the DSM-5 suggests the maintenance ofstatus quo . Psychiatricdiagnoses and theories, with their technical language, operational criteria, elaborate

classificatory systems and empirical data continue to lack the predictive power requiredof hard science. Its diagnostic systems and models do not explain many aspects of mentalhealth and illness. Human cognition, emotion and behaviour are complex, interconnected andunder a variety of influences (e.g. genetics and biology, psychological, social and culturalforces), whose effects cannot be teased out under controlled experimental conditions.

Nevertheless, psychiatric treatments help millions of people lead productive lives. The DSMprocess and consultation was elaborate and transparent, seeking opinions and evidence frompeople with diverse backgrounds. Despite its shortcomings, it does reflect the current state ofthe science. Psychiatry, at this moment in time, has been compared to biology before Darwin

and astronomy before Copernicus.

Thomas Kuhn in his bookThe Structure of Scientific Revolutions described three stages:(i) normal science (routine scientific work) within existing paradigms and a dedication to


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solving puzzles, (ii) serious anomalies produced by research, which leads to a crisis, andfinally (iii) resolution of the crisis by the creation of a new paradigm. Psychiatry today, withits attempt at solving the clinical puzzles and its many anomalies, is awaiting a paradigmshift, which will not only clarify these complex issues but will also provide for a newframework, insight and understanding. Psychiatric research, despite its current attempts at

testable conjectures and refutations, is still within a paradigm that seems inadequate for thecomplexity of the task. Psychiatry awaits its new dawn.

(Professor K.S. Jacob is on the faculty of the Christian Medical College, Vellore. The views

expressed are personal)

Psychiatric diagnoses continue to lack the predictive power required of hard science.

A new framework is needed to understand mental health, distress and disease

Preserving history the Malaysian way

Indias ancient built heritage is protected, even if to a limited extent, by the Archaeological

Survey of India, State Departments of Archaeology and, in the case of natural and culturalheritage, by government departments and akademis. But who is responsible for livingheritage and much that is left unprotected, for one reason or another, by these institutions?Heritage protection is a State subject. In 1997, the Government of India circulated a modelHeritage Act that States could adapt and implement. The then Statewide chapter in Tamil

Nadu of the Indian National Trust for Art and Cultural Heritage (Intach) began working withthe government from late 1997 to get an Act based on this model passed. Without going intoall that is past, what needs to be recorded is that three actions in this connection have beentaken only from 2006 and that too because of High Court interventions.

Chennais crumbling heritage

In 2006, the Justice E. Padmanabhan Committee listed 467 buildings that should not behidden from public view by hoardings because of their importance. Then, in 2010, theChennai Metropolitan Development Authority constituted, on the orders of the Court, aHeritage Conservation Committee (HCC) that later accepted the buildings listed by thePadmanabhan Committee as buildings that needed to be conserved and promised to addmore buildings within the Metropolitan limits to the lists. Finally, as a consequence of this,in 2012, a Heritage Act was promised. But what was drawn up has still to be legislated.

Meanwhile, much of the citys heritage continues to vanish or crumble. Listed buildingsthat have been partially destroyed by owners and/or neglected like the Bharat InsuranceBuilding, Gokhale Hall, Kalas Mahal, etc. have had no action taken on them despitecourts ordering their conservation or the government making commitments. Much of thisis because the HCC, a virtually total government committee, has no teeth to implementanything. We will have to wait and see whether the Act, when it comes into being, willhave the powers; those interested in heritage have not been consulted in drawing up the Act.Also awaiting implementation are plans for the citys waterways and other natural heritage,as well as for investigation and documentation of much cultural heritage that has all butvanished.

In trying to achieve some of these goals, we might take a leaf out of what has beenhappening in Penang ever since its capital, George Town, was declared a World Heritage


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Site in 2008. To achieve the heritage goals of a World Heritage city is the partnership thathas been forged between the quasi-government implementer of the programme, GeorgeTown World Heritage Incorporated (GTWHI), the non-governmental organisations (NGO)led by the Penang Heritage Trust (the local equivalent of Intach, Chennai), and governmenttowards ensuring the following:

a physical conservation programme that includes both community and privateproperties

a cultural mapping programme that helps document community histories and cultureand preserve intangible heritage like endangered trades, traditional performing arts,and ancient culinary practices

a shared spaces programme that looks at footpaths, greening and improving publicspaces such as parks, waterways and urban markets, and a capacity-building

programme that focuses on training workshops on old building materials, techniques,etc.

Road map to restoration

Equally significant is the fact that to make this possible, government funding has been madeavailable even to individuals for restoration projects after due evaluation by the fundingagency and GTWHI. The funding agency, Think City Berhad, was established in 2009as a part of Khazanah Nasional Berhad, which is rather like our Tamil Nadu IndustrialInvestment Corporation Limited (TIIC) but with a wider mandate. This role in Tamil Naducould be played by Tamil Nadu Urban Infrastructure Financial Services Ltd (TNUIFSL).

Think Citys George Town Grants Programme (GTGP) had, till the end of 2011, restored or

was restoring 97 houses and had nearly 1,500 people attend capacity-building programmesit had funded. It had disbursed nearly RM 13 million 60 per cent on conservation of

buildings and 13 per cent on improving public spaces. Grants were given to privately-ownedshophouses and homes, many of which have been converted into budget hotels, restaurants,and exhibition centres, as well as to community buildings, like temples, mosques, churchesand the headquarters of associations. Several guides, manuals, histories, and niche heritage

books have also been published. And several parks and other public spaces improved.

Rental values of restored buildings in the Core Zone and the Buffer Zone are now up by 50to 100 per cent and there are more takers willing to cater to the increasing number of visitors

who see Penang as a holiday destination where much of a preserved past is not far from itsbeaches. The heritage listing ensures that a building in it cannot be pulled down and thatthe owner must find ways of restoring it for reuse with or without the State-backed supportgroups.

In Singapore

Action on heritage conservation began in Singapore even earlier than in Penang and theNational Heritage Board, with representation from government departments, NGOs led bythe Singapore Heritage Society, and the private sector, spearheads heritage protection. Withheritage activities well under way in the city-State for some years now, it is now looking atHeritage Vision 2025.


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The vision proposes focus on five areas with the help of government funding, nationalcollection drives, and loans. These areas are:

national stewardship through research, capacity-building and the drawing up ofstrategies and policies

heritage museums, institutions and galleries

heritage sites which will include national monuments , Unesco World Heritage Sites,listed buildings and markers, heritage private homes and tombs;

heritage precincts like Chinatown, Little India, and variousheritage kampongs (villages), and

heritage practices that will include intangible heritage such as traditional practices, artsand crafts.

Start from school

But while what I have mentioned must be a part of the Tamil Nadu Heritage Act andwhat follows from it both by way of planning as well as implementation, there is muchmore that has to be done in Tamil Nadu. That is, to create a heritage consciousness.And that must begin in school. Heres my wish list:

history, geography, civics and environmental studies, focused on the State and India,taught as separate subjects as they once were, must be brought back into the syllabi

every school must have age-group heritage clubs which will look at the built,natural and cultural of heritage of the district it is in through lectures, field trips andexhibitions.

humanities must be a compulsory subject in undergraduate education

the conservation of heritage buildings must be a compulsory subject in architectureand civil engineering syllabi.

research into and documentation of lost or vanishing heritage (particularly intobuilding materials, techniques etc.) and of the States historical past must beencouraged in higher educational institutions through liberal funding.

The Heritage Act must ensure that apart from an overarching heritage committee (withsubstantial non-governmental representation from various fields), there must be a heritage

committee in every district (again with substantial non-governmental representation) thatmust mandatorily meet every month and publicise its proceedings.

What is needed today is the creation of heritage and civic consciousness in the State even asit legislates a Heritage Act and, hopefully, implements it as soon as possible.

(S. Muthiah is a heritage activist in Chennai from 1977. He recently visited Penang and

Singapore.)

Penang has blazed a trail in creating civic consciousness about heritage conservation

The plate is full

The Fourteenth Finance Commission has recently been constituted under Article 280 ofthe Constitution, with a former Governor of the Reserve Bank of India, Y.V. Reddy, asits chairman. The primary task of the FFC is the same as that of its predecessors: to make


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recommendations regarding the sharing of Union taxes, the principles governing grants-in-aid to States and transfer of resources to the States. Its period of reference is five yearscommencing April 1, 2015 and it is expected to submit its report by October 31, 2014. Overthe recent past, successive Finance Commissions have been saddled with a large, onerousagenda that has gone well beyond their main tasks of correcting fiscal imbalances between

the Centre and the States on the one hand, and among States on the other. The ThirteenthFinance Commission was given the important, but still out of the way, job of preparing afiscal consolidation road map. The FFC will look into the deficit of the States keeping inview its predecessors report. It has also been asked to suggest measures to raise the tax toGDP ratios of both the Centre and the States, tackle challenges in ecology, environment andclimate change.

The FFCs other terms of reference include such omnibus items as the need for makingpublic sector enterprises competitive, divestment, and listing and relinquishing ownership ofnon-priority enterprises. A few other tasks such as calculating the level of subsidies needed

and figuring out how to insulate the pricing of public utilities from policy fluctuations canbe contentious. Most of these issues do impact public finance but the FFC need not beburdened with some of these lest its primary function is diluted. Recently, after much delayand protracted discussions among State finance ministers at Bhubaneswar, a breakthroughin terms of compensating States for possible revenue losses post the implementation of theGoods and Services Tax appears to have been made. The FFC might still have a say in thefinal GST format, which however is not expected to roll out until April 2014 at the earliest.Two other core issues need to be addressed by the FFC. The widening inequality in growthand consequently, in per capita income across States have increased inequalities in fiscalcapacity. Second, the uniform fiscal deficit targets that States have opted for under theirfiscal responsibility legislations have most probably resulted in and the FFC will confirmthis compressed development expenditure. It is hoped that the FFC will recommendsteps to safeguard the autonomy of States in fiscal matters and specifically suggest ways toovercome the restrictions imposed by stiff fiscal targets without, of course, sacrificing fiscal

prudence.

The global village that is not

Way back in the 1990s, when it first became fashionable to talk about the wonders ofglobalisation, I attended a lecture in Delhi by a British expert who told us how the world was

rapidly shrinking and we were all about to become citizens of a global village with acommon stake in free trade and travel.

Some 20 years on, the world bears little resemblance to that optimistic scenario. No doubt, ithas shrunk in the sense of faster communications and travel though even now the breakfast-in-Delhi-and-lunch-in-New York boast remains the stuff of airline brochures. But in manyother ways, it has actually become more distant.

Protectionism has grown leading to bitter rows over trade, environment and immigration:think of the Doha round of talks and the first word that comes to mind is stalled. Likewise,the world climate change negotiations are perpetually deadlocked. And increasinglystringent immigration controls mean that for ordinary people who are not blessed with deep

pockets to buy fast-track visas, it is becoming harder to travel beyond their own nationalborders. The ugly foreigner has become uglier with drawbridges going up everywhere to


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keep him out. Gaining control over our borders is the new mantra in western capitals.

Those who thought and that includes pretty much all of us that a more connectedand interdependent world would necessarily lead to a fundamental shift in our attitude toother fellow denizens of the global village have been proved wrong. Instead, people have

become more insular. Anyone who has closely followed the ill-tempered debate in the West

on immigration and outsourcing would not have failed to notice a whiff of xenophobia.Even progressive political leaders are speaking the language of protectionism, attacking

businesses for hiring foreign workers instead of looking after the local boys. Britainsformer Labour Prime Minister Gordon Brown famously launched a campaign to giveBritish jobs to British people offering incentives to companies to train native-born Britonsfor jobs that were being taken away by immigrants.

Across Europe, right-wing parties are enjoying a revival on the back of a new nationalismwhich sees all outsiders as a threat to European values and way of life. Immigrants areaccused of stealing jobs and of being a drain on national resources.

In Greece, foreigners have been attacked by thugs of the neo-Nazi Golden Dawn partyallegedly with the covert support of security forces. In the parliamentary elections last June,the party came from nowhere to grab some seven per cent of the votes on an anti-immigrantagenda; and the support for it is reported to be growing. Almost every European country Italy, France, Spain, Austria, Denmark has its own domestic equivalent of Golden Dawnterrorising immigrants and especially targeting Muslims.

In France, Socialists may have won the presidency because of widespread disillusionmentwith Nicolas Sarkozys centre-right government but immigration remains high on the French

political agenda. The issue dominated last years presidential campaign and the number ofpeople who voted for Marine Le Pen, candidate for the poisonous far-right National Front,was staggering. She polled more than six million votes (17.9 per cent) in the first roundfinishing third behind Franois Hollande and Mr. Sarkozy.

A few months later, French voters went on to elect her 22-year-old niece Marion Marchal-Le Pen as a member of Assemble Nationale, the lower house of parliament, making herthe youngest MP in modern French history. The fact that she ran on a shamelessly jingoisticagenda and still won represents a triumph for the French right which will encourage it tospread its tentacles deeper.

In an interview with The Guardian , Ms Le Pen warned immigrants that they should knowtheir place in society. Integration is no longer possible. When youre the single French

person in the middle of 10 Tunisians, the majority will impose their way of life on theminority, she said.

Meanwhile, Britain is embroiled in a diplomatic row with Romania and Bulgaria over itsplans to extend restrictions on their citizens working in Britain. Currently, only highly-skilled Romanians and Bulgarians can work in the U.K., but from next January they willhave an automatic right to come and settle there as their countries become full members ofthe European Union.

However, the British government sees it as a bad idea to allow a new wave of immigrantsto come in at a time when it is desperately trying to reduce immigration. There is muchscare-mongering how hundreds of thousands of desperate Bulgarians and Romanians will


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land up in Britain putting intolerable pressure on jobs, housing and public services. It isclaimed that some 400,000 Poles flocked to Britain when it opened its borders to Poland in2004.

Bizarrely, the government is reportedly planning an unremittingly negative campaign todiscourage prospective Bulgarian and Romanian immigrants from coming to the U.K.

by portraying it as a country where it always rains, jobs are scarce and public servicesare bursting at the seams. One minister said that a negative campaign would correct theimpression that the streets here are paved with gold.

Not surprisingly, the Romanian and Bulgarian governments have hit back and warned thatany attempt to restrict the rights of their citizens on the basis of scare stories which haveno basis in fact would be in breach of EU rules. They have sought assurances from theBritish government that there would be no dilution of their citizens rights.

These rights come from European citizenship status. Once you are in a space, you cannothave limited rights. If you start limiting health, why not limit other public services? That

will affect the freedom of movement of people in the EU space, said Cristian David, theMinister for Romanians Abroad.

Ordinary Bulgarians and Romanians have accused Britain of racism. My Romaniancleaner, Maria Olteanu, says she feels humiliated by the way some people react when shetells them that she is from Romania. They think all Romanians are gypsies and that we areall here to have a free meal. We work hard and like everyone else, we pay taxes, she says.

Maria is a trained car mechanic but under current rules, she doesnt qualify for a job permit.She was hoping that she would be able to get one next year, but is now worried that she may

have to wait longer if the restrictions are extended.A young Bulgarian woman Ralitsa Behar has apparently made quite a splash after shewrote a long letter on behalf of all Bulgarians protesting against the untrue and somewhatinsulting remarks about her country. She invited Britains Bulgaria-baiters to visit hercountry as a guest of me and my family, so that we can explain to you how much ourcountry has changed over the past 20 years.

There have been anti-U.K. protests in Bucharest and Sofia with calls for boycott of Britishproducts. In Sofia, hundreds of activists of Bulgarias ultra-right Ataka group dressed inmilitary uniform laid a siege to the British embassy demanding an apology from London.

They threatened to retaliate against British interests if the U.K. went ahead with its plans.

British people coming to buy property in Bulgaria should be given a hostile reception.Russians should be given visa exemption for Bulgaria but, in turn, Sofia should require visaapplications from British people, demanded its leader Volen Siderov.

Analysts have warned of a year of heated political exchange ahead with the issue likely togo right up to the European Commission if Britain doesnt move quickly to defuse the row.

Britain is also involved in a running battle with non-European countries, including India,over its new stringent visa regime for workers and students from outside the EU. The

controversy is too well known to bear repetition but it is yet another illustration of the chasmbetween the idea of a happy-clappy global village and the reality on the ground.


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Forget Europe, things are not exactly rosy in our own backyard with India and Pakistanengaged in their little visa wars. Perhaps not many know that if a British-Pakistani with adual citizenship applies for an Indian visa, the Indian authorities recognise only his Pakistani

passport leading to lengthy inquiries and delays that a British citizen does not have toendure. India, of course, doesnt grant dual citizenship so Pakistan is denied the pleasure

of returning the compliment. But now that we have OCI (overseas citizenship of India), Ithink Ill apply for a Pakistani visa just for the heck of it to see how it goes.

With even progressive leaders talking about protectionism and anti-immigration, and

right-wing parties enjoying a revival, the world has actually become more parochial

Moving beyond defence

Freshly confident from an effective intervention in Mali, President Francois Hollande

arrived in India liberated from the shadow of his predecessor Nicolas Sarkozy, a favouritein New Delhi and with Indias business leaders, but ready to build on his legacy. The twocountries have established strong diplomatic, political and strategic ties over the years, andthe Hollande visit reaffirmed that both are eager to take this engagement to a new level. Thatkeenness was already evident in Indias backing to the French decision in January to sendtroops to oust Islamist rebels who had taken over parts of Mali, which New Delhi viewedas an effort against a terrorist takeover of that country. As part of the Support and Follow-Up Group for Mali, New Delhi has made a $1million pledge for building the countrysarmy, with the promise of $100 million more later. These steps complement both Indias

burgeoning interest in Africa, particularly in the uranium and oil-rich Francophone countriesof West Africa, as well as Frances plans to secure the region from Islamist militancy andsplinter groups of the al Qaeda as it safeguards its own interests in those countries.

It is no coincidence, then, that India and France have been moving towards greater navalco-operation, an important aspect of that being combating sea piracy. In general, defenceties have gained momentum in recent years, with France assiduously trying to combat theimpression that it sees India just as a market for its hardware. The Scorpene project, underwhich the manufacture of the submarine has been sub-contracted to India, and DassaultsRafale fighters for the Indian Air Force, include significant transfers of technology. The

$11 billion aircraft deal is still being negotiated and the French are eager to see it concludedsoon, as expressed in the joint statement during the visit. The traditional good relations

between the two countries have been driven by the need to build a robust multilateralism.France supports Indias candidature for a permanent seat in an expanded Security Council.It was the first country to sign a civilian nuclear deal with India, and supports New Delhis

pursuit of membership in the four WMD-related multilateral export groups. Next week willsee the launch of SARAL, a satellite to study oceans and seas, a product of long-standingscientific collaboration between the two countries. With so much going for bilateral ties, itseems odd that economic ties lag below potential. Two-way trade and investment are yet to

touch the 12 bn target set in 2008. An annual dialogue on economic and financial issuesthat the two sides agreed to during President Hollandes visit will hopefully help.

The health of nations


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The United Nations has been drawing attention in recent years to the growing burden ofnon-communicable diseases, which have been adding to morbidity and premature deathsin most countries. In a declaration issued at a high-level meeting in 2011, the U.N. arguedthat low and middle income countries should actively pursue public health policies thatwill reduce the incidence of NCDs arising from diabetes, hypertension, high cholesterol,

and a high body mass index. One of the countries that is at the epicentre of these healthconcerns is India, due mainly to weak public health policies and changing lifestyles. As TheLancetpoints out in recent commentary, much of the burden of non-communicable diseasesis linked to the consumption of tobacco, alcohol, and ultra-processed food and drink (whichare energy dense but nutrient poor). The public health community now unanimously acceptsthe link between these and a higher burden of NCDs. Neglect of chronic diseases by Indiahas, according to the World Health Organisation, cost the country $9 billion in 2005 due to

premature deaths caused by heart disease, stroke and diabetes. Over a 10-year period, thelosses are projected to rise to a colossal aggregate of $237 billion.

While tobacco and alcohol are receiving close scrutiny as key factors influencing diseaseburdens, including cancer, the role of ultra-processed packaged food is not getting theattention it deserves. The makers of all forms of packaged food see India as a giganticemerging market and source of profit growth. Moreover, advanced markets are saturated.It is here that regulation of unhealthy food holds the key. The primary goal should be touse taxation, labelling and awareness creation to make high-energy, low nutrition foodsunattractive to the consumer. There is a deplorable trend among food manufacturers to

push less harmful packaged food as being actually healthy. This travesty must be reversedthrough determined policy intervention, and consumption of wholesome, fresh meals highin vegetable and fruit content must be encouraged. It is relevant to point out here that the

biscuit industry has been lobbying in India to displace fresh-cooked food in the schoolnoon meal programme, with its own packaged products, drawing sharp criticism fromnutritionists and development experts. Packaged meals high in calories, sugar and salt are nosubstitute for fresh food and actually cause harm. They can only add to the risk of death bycardiovascular disease, estimated to be about five million by 2020. By contrast, a dramaticdecline in death due to infectious diseases is projected. The agenda for social and politicalaction is clear.

How Ethiopians are being pushed off their land

It is not a land-grab, it is a life-grab. It is daylight robbery. But if we protest, if we speak thetruth, we could end up in jail or worse. Obang Metho was referring to the leasing of land toforeign companies in Ethiopia, spreading over nearly four million hectares. Nyikaw Ochalla

joined in: This is happening in the lands I grew up in, and it is my relatives and childhoodfriends who are being jailed, beaten up, and driven out; my childhood memories are beingviolated.

Metho of the Solidarity Movement for a New Ethiopia, and Ochalla of the Anuak SurvivalOrganisation were speaking at the Indian-Ethiopian Seminar on Land Investmentsorganised on February 5-6, 2013 in New Delhi. The seminar was put together by Indian civil

society groups Indian Social Action Forum (Insaf), Popular Education and Action Centre(Peace), and Kalpavriksh, the research institution Council for Social Development, and theU.S.-based research group Oakland Institute.


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The stories narrated by Obang and Ochalla were harrowing. The lands being leased bythe Ethiopian government to companies from India, China, Malaysia, and other countries,were claimed by it to be empty. In actual fact these are areas occupied or used by pastoraland small farming communities, as also grasslands and forests with significant wildlife.Decisions are being taken in the countrys capital to give up these lands ostensibly to help

the country produce food and generate revenues; the underlying message is that either thereis no one there to do the job, or that local communities are simply not up to the mark.

Indian companies are among the biggest players in the land deals, with investments ofover $5 billion, and leases over 6,00,000 hectares. Karuturi Global, a Bangalore-basedagroproduce company has alone received 3,00,000 hectares. Claims by these companies and

by the Ethiopian government that the deals are legal and entail no human rights violations,have been shown as false in a series of on-ground investigations. The Oakland Institute hasmeticulously documented the nexus of corporations, politicians, investors, and officialsthat has made the land-grab possible. It notes that there is no public consultation with local

communities (much less their consent), many of whom find out that their pastures or fieldshave been sold off only when bulldozers arrive. Any form of resistance or even questioningis met with imprisonment, beating up, and even killing. Both private security companies andthe Ethiopian governments own forces are used to protect the investors. And there is a totallack of environmental and social impact assessments in these deals.

It is also stated sometimes that what Indian companies are doing abroad, is not theresponsibility of the government. But this ignores the various ways in which the Indiangovernment facilitates and supports such deals, not only through diplomatic channels butalso financially (even if indirectly). For instance the Indian Export-Import Bank has pledged

$640 million of credit over five years for Ethiopias sugar industry, and the fact that Indiancompanies are getting the biggest deals for sugarcane plantations cannot be unconnected.

Obang and Ochalla were careful to clarify that they were not against Indias people, whothey realised could not be supporting such land-grab; however, for the affected communities,it is Indians who are doing this to us. It is therefore important for groups here to questionthe intentions and actions of Indian companies and the Indian government agenciessupporting them. Does their behaviour in Ethiopia meet the laws or guidelines under whichIndian companies act within their own country? Does it meet international standards ofhuman rights and environmental sustainability that India is a signatory to?

Over the next couple of years, the Ethiopian government plans to forcibly move 1.5 millionpeople off their homelands and concentrate them into a few settlements in a process calledvillagisation. It claims that this will enable it to provide efficient and good quality serviceslike drinking water, sanitation, schools, and clinics, which is not possible in the case oftodays scattered, small settlements. But Obang and Ochalla point out that all the relocationis taking place from lands targeted by investor companies, and that even where communitiesare saying they would much rather stay where they are with whatever amenities they have,they are being forcibly moved out.

The claim that such investments are a win-win deal for the Ethiopian people and Indian

companies is also questionable. Much of the production (sugarcane, cotton, jatropha, etc) ismeant for export, and local foodgrains which are the staple diet are not being grown. Verylittle local employment is created; there is no requirement by the Ethiopian government


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ground-based rebel attacks by using their vast air power; it is not clear, however, if thosepilots who have defected can fly the rebel-held machines. Meanwhile the civil war rages on,and the United Nations High Commissioner for Human Rights Navanethem Pillay has giventhe U.N. Security Council a sharply increased estimate of the death toll, putting it at 70,000since the civil war started in March 2011.

Political efforts continue, and on February 8, U.N. special envoy Lakhdar Brahimis deputyMokhtar Lamani met the rebel Revolutionary Military Council near Damascus, and alsotalked with other civilian leaders. In addition, the SNCs Ahmed Moaz al-Khatib hasoffered to meet government officials if the regime releases some 16,000 political prisonersand renews passports held by Syrians abroad. The odds against a settlement, however, arelengthening on both sides. Mr. Khatibs move has angered other SNC members, not least

because SNC president George Sabra himself narrowly escaped an assassination attemptnear the Turkish border on February 11. The Coalition remains severely divided, and U.S.President Barack Obama has vetoed arming rebel forces. Furthermore, the minister for

national reconciliation Ali Haidar first responded to Mr. Khatib by offering talks in anothercountry, but then insisted that the opposition participate in a government dialogue initiativewhich has already started in Damascus; yet the former Syrian foreign ministry spokesmanJihad Makdissi, who defected ten weeks ago, says the violence and polarisation have leftno place for moderation and diplomacy. At one level, the all-round intransigence nowmeans the prospects for a peaceful settlement seem more difficult than ever. But the pursuitof military means by Damascus and its opponents the latter backed by powerful regional

powers is hardly the answer. The Geneva plan, which builds on the earlier efforts of KofiAnnan, must be pursued seriously. The Russians back it and the U.S. too is on board. Butsomebody has to push the Syrian opposition to come on board.

An unreasonable restriction

On February 6, 2013, Sanjay Chaudhary was arrested under section 66A of the InformationTechnology (IT) Act for posting objectionable comments and caricatures of Prime MinisterManmohan Singh, Union Minister Kapil Sibal and Samajwadi Party president MulayamSingh Yadav on his Facebook wall.

This arrest follows numerous others over the past few months for political speech throughsocial media: Manoj Oswal for having caused inconvenience to relatives of NationalistCongress Party chief Sharad Pawar for allegations made on his website; Jadavpur UniversityProfessor Ambikesh Mahapatra for a political cartoon about West Bengal Chief MinisterMamata Banerjee; businessman Ravi Srinivasan in Puducherry for an allegedly defamatorytweet against the son of Union Finance Minister P. Chidambaram; two Air India employees,who were jailed for 12 days for allegedly defamatory remarks on Facebook and Orkutagainst a trade union leader and a politician; Aseem Trivedi, accused of violation of theIT Act for drawing cartoons lampooning Parliament and the Constitution to depict itsineffectiveness. However, the incident that rocked the nation was the arrest last Novemberof two young women, Shaheen Dadha and her friend Renu Srinivasan, for a comment postedon Facebook that questioned the shutdown of Mumbai following the demise of Shiv Sena

Supremo Bal Thackeray. The girls were arrested under Section 66A(a) of the IT Act forallegedly sending a grossly offensive and menacing message through a communicationdevice.


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Constitutionality of Section 66A

Several PILs have been filed challenging the constitutionality of Section 66A of theIT Act. In a November 2012 PIL, Shreya Singhal submitted to the Supreme Court thatSection 66A curbs freedom of speech and expression and violates Articles 14, 19 and 21of the Constitution. The petition further contends that the expressions used in the Section

are vague and ambiguous and that 66A is subject to wanton abuse in view of thesubjective powers conferred on the police to interpret the law.

In reply to the Shreya Singhal petition, the Union government defended the constitutionalityof Section 66A relying first on the Advisory on Implementation of Section 66A of theInformation Technology Act 2000 issued by the Department of Electronics and InformationTechnology on January 9, 2013 to the Chief Secretaries and the Director General of Police ofall States/UTs. The advisory asks State governments not to allow the police to make arrestsunder Section 66A of the IT Act without prior approval from an officer not below the rank ofInspector General of Police in the metropolitan cities or Deputy Commissioner of Police or

Superintendent of Police at the district level. However, this advisory is clearly not sufficientas political interference in law enforcement is well known and the arrests, as shown above,have not abated.

The Centre has further sought to justify the legality of Section 66A, introduced in the 2009amendments to the IT Act, on the ground that it has been taken from Section 127 of the U.K.Communications Act, 2003. In fact, Section 66A is very different from Section 127 which,moreover, has been read down by the House of Lords on the grounds that Parliament couldnot have intended to criminalise statements that one person may reasonably find to be politeand acceptable and another may decide to be grossly offensive.

Section 66A(a) refers to the sending of any information through a communication servicethat is grossly offensive or has menacing character. In the U.K., Section 127(1)(a)makes the sending of matter that is grossly offensive or of an indecent, obscene ormenacing character an offence. The drafters of the 2009 amendments to the IT Act in India

presumably omitted the words indecent, obscene as Section 67 of the IT Act makes thepublishing or transmittal of obscene material in electrical form an offence. The meaning ofthe term grossly offensive in both Section 66A(a) and Section 127(1)(a) is crucial andremains yet undefined in India.

In a 2006 judgment inDirector of Public Prosecutions v. Collins , arising out of racistreferences in messages left by a constituent on the answering machine of a British MP, theHouse of Lords laid down a seminal test for determining whether a message is grosslyoffensive. It agreed with the formulation by the Queen's Bench Divisional Court that, indetermining whether a message is grossly offensive the Justices must apply the standardsof an open and just multi-racial society, and that the words must be judged taking accountof their context and all relevant circumstances. The House of Lords added that therecan be no yardstick of gross offensiveness otherwise than by the application of reasonablyenlightened, but not perfectionist, contemporary standards to the particular messagesent in its particular context. Most importantly, the House of Lords held that whether a

message was grossly offensive did not depend merely on the degree of offence taken by thecomplainant but on whether it violates the basic standards of an open and just multi-racialsociety. This is considered a reading down by the House of Lords of Section 127(1) of


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the U.K. Communications Act 2003, a hugely controversial legislation in the U.K. for itschilling effect on speech. It is particularly relevant in India where the hurt sentiments of

particular groups (or of individuals purporting to represent particular groups) is viewed bythe state as sufficient to take criminal action against speech and expression.

Section 66A(b) is even more problematic than Section 66A(a) because it makes an offence

of sending through a computer resource or communication device any information whichhe knows to be false, but for the purpose of causing annoyance, inconvenience, danger,obstruction, insult, injury, criminal intimidation, enmity, hatred or ill will, persistently

by making use of such computer resource or a communication device. Surely it cannotbe a legitimate legislative objective to restrict freedom of speech in order to preventannoyance or inconvenience? Can a democratic society criminalise the causing ofannoyance, inconvenience, insult or ill will? Causing insult or ill will or enmity could bea criminal offence if it amounts to defamation. However, insulting someone or causinginconvenienceper se cannot surely be a crime in itself either in the real or virtual world.

While Section 66A(b) of the Indian IT Act has unbelievably lumped causing annoyance andinconvenience in the same Section as criminal intimidation and made it subject to the same

punishment, Section 127(1)(b) of the U.K. Communications Act is limited to the sending ofa message that he knows to be false for the purpose of causing annoyance, inconvenience orneedless anxiety to another. Section 127(1)(b) itself has been copied from the Post Office(Amendment) Act 1935 in the U.K. and it is very surprising that in the Internet age, not onlyhave British lawmakers sought fit to copy from what is clearly outdated legislation, evenworse, their Indian counterparts are so neo-colonial in their drafting that they even copied theBritish mistake of applying 1935 legislation for one-to-one postal communications to social

media despite the much greater chilling effect on free speech.Section 127(1)(b)

The punishment for the offence in Section 127(1)(b) is a maximum of six monthsimprisonment or a fine of 5,000 while Section 66A imposes a much more serious

punishment of imprisonment up to three years and a fine without limit. Therefore, Section66A(b) of the IT Act is not the same as Section 127(1)(b) of the U.K. Communications Act,2003 in terms of scope of the offence or the punishment.

Ironically, the Indian government defends Section 66A by saying it has been copied fromSection 127 of the U.K. Act, while in the U.K., there are calls for repeal of this Section,already read down by the House of Lords in order to ensure compliance with Article 17of the European Convention on Human Rights. Instead of defending Section 66A on thegrounds that it has been copied from U.K. legislation, the Union Government should takeinspiration from the House of Lords view about what is grossly offensive. This is thestandard that should have been incorporated in the advisory issued by the Department ofElectronics and IT.

Section 66A certainly does not engage in the delicate balancing required to pursue thelegitimate objective of preventing criminal intimidation and danger through social media

without going no further than required in a democratic society to achieve that end. Thedrafters of Section 66A(b) have equated known criminal offences in the real world with actssuch as causing annoyance and inconvenience that can never constitute an offence in the realworld and should not be offences in the virtual world. Therefore, the legislative restrictions


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on freedom of speech in Section 66A(b) cannot be considered as being necessary to achievea legitimate objective. Section 66A should not be considered a reasonable restriction withinthe meaning of Article 19 of the Constitution and must be struck down as an unconstitutionalrestriction on freedom of speech. If political speech, that is, criticism of politicians andexposure of corruption continues to be punished by arrest instead of being protected, India's

precious democracy and free society will be no more.(Aparna Viswanathan is a lawyer and author ofCyber Law: Indian and InternationalPerspectives (Lexis Nexis, Butterworths, Wadhwa 2012))

It is disingenuous for the government to claim its IT law is modelled on British statute

when the House of Lords has already read down the U.K.s worst provisions

Mobility and metro rail

Increasing fuel consumption, the resultant pollution and inefficient urban sprawl caused byincessantly expanding private motorised transport are all compelling reasons for prioritising

public transport. Investing in public transport is now imperative. In this context, the recentlyannounced Metro Railway Policy by the Ministry of Urban Development encouraging citieswith more than two million population to plan and implement high-capacity and high-speedmetro rail systems is a welcome directive. Since these large cities would accommodatethe bulk of the burgeoning urbanising population in future, planning for their growth andmobility is necessary. The metro rail, which takes on an average about 10 years to plan andfully implement, could play a significant role in shaping their future. The successful Delhiexperience has also strengthened the case of metro rail as an important urban transportationoption and places such as Kochi and Jaipur have already commenced implementation.

However, planners should not make the mistake of treating the metro rail as a panacea forall their urban ills. There are a few caveats and notes of caution they need to consider beforetaking the plunge.

The usefulness of a metro rail project would depend on how well it is integrated with thespatial and functional planning of the city. Cities often tend to crowd development aroundmetro rail corridors to take advantage of the high-capacity system, but this, in the absenceof a comprehensive development plan, could result in lopsided urban growth. For instance,Chennai has pushed for intense building activity along the already crowded rail corridors toenhance ridership at least 20,000 people travelling during peak hours in the peak direction

to make the metro rail network economically sustainable. This move may increase thenumber of rail users, but the question is whether it is desirable. Second, many cities with apopulation of two million have a large number of medium-demand transport corridors, whichcan be well served only by a bus system with affordable travel fares. Hence, a city cannotlimit itself to developing only metro rail, and other transportation modes are equally critical.Even for the metro rail to function well, it needs a good feeder bus network, connecting

pedestrian paths and seamless modal transfer. Unfortunately, the Working Group on UrbanTransport for the Twelfth Five Year Plan, which has recommended Rs. 1, 30,726 crore formetro rail projects in 19 cities, has only provided Rs. 22,519 crore for bus transport forthe entire country. It is important to expand transport options, but without comprehensivedevelopment, mobility within cities would not be efficient and convenient.


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A model for the rest of India

It comes as no surprise that Tamil Nadu has once again been applauded for its excellentmaternal and child-care services by the Common Review Mission of the National RuralHealth Mission (NRHM). Suffice it to say that at a time when 99 per cent of global maternalmortality occurs in developing regions of the world, Tamil Nadu, Kerala and Maharashtrahave become pockets that have bucked the trend. Even as India has been reducing itsmaternal mortality ratio defined as the number of maternal deaths per 100,000 live births

the rate of reduction, from 380 in 1993 to 97 during 2007-2009, has been rapid in the caseof Tamil Nadu. So much so that Tamil Nadu, along with Kerala (81) and Maharashtra (104),has already achieved the Millennium Development Goal of 109 maternal deaths per 100,000live births by 2015. Compare this with the national average an MMR of 212 for 2007-2009, which is more than double the MDG target. The State has been able to accomplishthis by taking up a multi-pronged approach. First, it has equipped all health-care settings,

starting with the 1,612 primary health-care centres, with trained staff nurses available roundthe clock and all essentials required for safe deliveries. Second, it has through innovative andwomen-friendly initiatives ensured that most deliveries take place in health-care settings.According to a recent survey by the University of Delhi, institutional deliveries are as high as99 per cent in Tamil Nadu. The national average is about 73 per cent.

More than the very high percentage of institutional deliveries, what is more significant isthe percentage of deliveries taking place in government-run institutions. Nearly 67 per centof deliveries take place in government institutions, compared to 33 per cent in the privatesector. The PHCs alone account for 27 per cent; it was about seven per cent in 2005. Infact, today, PHCs face a demand-side pressure. Compare this with Kerala where the

private sector accounts for roughly 60 per cent of deliveries. The primary reason why womenin Tamil Nadu are flocking to government facilities is the changed nature of health-careservices being provided. As many as 105 PHCs in the State have the facilities to conductC-sections and store blood, and their main focus is maternal and child heath care. Women-friendly services like screening and appropriate intervention for gestational diabetes,hypertension and anaemia have had a magnetic effect. But the most critical contributor has

been the strong and continued importance accorded to health-care services by whicheverpolitical party is in power.

Selecting the next CAG

In May this year, the present Comptroller and Auditor-General will retire on completing 65years of age. Given the Government of Indias exasperation with him, it seems very probablethat for the next CAG, it will look for someone who is likely to be bland and ignorable, andquite possibly someone who will actively weaken the rigours of accountability. That will bea travesty of what the Constitution-makers had in mind. How is that deplorable contingencyto be avoided?

The answer is that the selection of the CAG must not be the exclusive prerogative of

the executive government but must be entrusted to a high-level, broad-based SelectionCommittee. Such a course is clearly a very obvious one to follow, but it appears that thegovernment does not consider any such change in the selection procedure necessary.


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No formal criteria

The argument is that the existing system has been working well; that the CAGs, bywhichever ruling party chosen, have been able to function independently; and that nochange is called for. However, does a system in fact exist? There is no carefully formulated

job description, no formally laid down criteria, no clear procedures for a long list and a

short list, and no Selection Committee. What then is the system? It is entirely an internalprocess within the government; no one outside knows what that process is; from the FinanceSecretary, Cabinet Secretary and the Principal Secretary to the Prime Minister, some namesemerge and reach the Prime Minister; and a recommendation is sent to the President.Suddenly one morning the newspapers announce that a particular person has been selectedas CAG. Parliament and the people of the country have no idea at all as to how the principalinstrument of accountability is chosen.

Is the system working well? On what grounds can one say so? There have beenoutstanding, good, and indifferent CAGs. One can hardly infer a functioning system from

these results, much less one that is working well.The need for a high-level, broad-based Selection Committee has already been acceptedfor the selection of the Central Vigilance Commissioner and the National Human RightsCommissioners. On what possible grounds can it be held that such a procedure is notappropriate for the selection of the CAG? It is in fact particularly called for in this case,considering the great and crucial importance of the institution of CAG of India. The pointis familiar and need not be laboured, but it may be useful to remind ourselves very brieflythat the Constitution-makers chose to include the position in the Constitution; guaranteedhis (her) independence by providing protection against removal except by impeachment;

and prescribed for the CAG an oath of office that requires the functionary to upholdthe Constitution and the laws and not just act in accordance with them. It may also berecalled that Dr. B.R. Ambedkar considered the CAG the most important functionary in theConstitution, even more important than the judiciary. The CAG performs the most crucialfunction of enforcing the financial accountability of the Executive to Parliament, and throughParliament to the people. It follows that the selection of the enforcer of accountability shouldnot be left to the discretion of those whose accountability he or she has to enforce.

What should be the composition of the proposed Selection Committee? Having regard to themultiple dimensions of the position of CAG, the following is a suggested composition:

Prime Minister (Chairman);

Finance Minister;

Leader of the Opposition in the Lok Sabha;

Speaker of the Lok Sabha;

Chief Justice of India, if the CJI is willing to be included, and if not, a very distinguishedlegal luminary.

For an open system

Suggestions that criteria and procedures should be laid down for the selection of the CAGare sometimes questioned on the ground that the Constitution does not say so. That is anabsurd objection. The Constitution mandates the post; an appointment has to be made to


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that post; an appointment implies a selection; and selection implies criteria and procedure.The appointment cannot be made by draw of lots. In any case, some kind of opaque internalsystem is apparently being followed at present. The suggestion is merely that it be replaced

by a formal, well-formulated, open system.

Once we start on the formulation of a system of selection, several questions will arise. A full

discussion of those questions will require a separate paper. Without a detailed discussion,this article will merely put down a few categorical, un-argued statements for consideration.

(1) What kind of person should the Committee look for? Keeping in mind the kind and rangeof responsibilities involved, the CAG should clearly have:

professional knowledge and expertise in accounts and audit;

a willingness to point the finger at irregularity, impropriety, imprudence, inefficiency,waste, and loss of public funds, at whatever level this occurs, but tempered by a scrupulous

judiciousness in criticism and comment;

the ability to weigh the legal and constitutional aspects of some of the issues that comebefore him;

a capacity for understanding complex technical, contractual commercial, managerial, oreconomic matters and forming careful judgments, particularly when dealing with largegovernment schemes or appraisals of public enterprises;

management abilities for running the vast Department under him; and

underlying all these, a passionate concern for rectitude and propriety (fire in the belly),and impeccable and fierce personal integrity, accompanied by much tact and wisdom.

It will certainly be very difficult to find a person who combines all those elements; but theselectors must keep that ideal picture before them, and the person selected should meet atleast a significant part of the above requirements.

(2) The criterion (now prevailing) that the person to be selected should have been a Secretaryto the Government of India is irrelevant and should be abandoned. Indeed, having been aSecretary to the Government should perhaps be a disqualification because of the possibilityof a conflict of interests.

(3) The fact that this is a constitutional position should not be allowed to obscure the factthat it is also a specialised, professional one that cannot easily be filled by a generalist. It

is impossible to imagine a non-IFS officer being appointed as Foreign Secretary, or a non-railwayman as Chairman, Railway Board; appointing a generalist administrator as CAGshould be equally unthinkable except in a rare case. The constitutional status of the positiondoes not alter that logic.

(4) The retiring or recently retired Deputy CAGs in the IAAS should be the first source; itis only if an exceptionally able officer is not available from that source that other sourcesshould be considered, i.e., the IAS and Central Services other than the IAAS; and failing allthese, non-government sources.

The reasons for that order of preference are not gone into here. It must, however, bementioned that the implicit general assumption that the next CAG, like the last six CAGs,must be an IAS officer, causes serious harm to departmental morale. Consider the high


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standing of the Indian Audit Department in the international community of Supreme AuditInstitutions. Consider also the present CAGs frequent praise high praise of the qualityof the personnel of the Department. If such good work can be done by the Department, isit credible that in the last six selections of the CAG, the choice could never once fall on anIAAS officer? The sad fact is that the post of CAG has become virtually a cadre post for

the IAS, and there seems to be a systematic exclusion of the IAAS. This is indefensible onany ground and needs to be remedied. This implies no reflection on any individual CAG. Inparticular, this writer holds the present CAG in the highest regard, and believes that he hasbeen an outstanding incumbent of that high constitutional office.

The above suggestions are not offered in a dogmatic spirit. What is important is that theissues raised in this article should be pondered by all those who are concerned about theeffective functioning of this venerable institution, even if that pondering leads to conclusionsdifferent from those stated here.

(Ramaswamy R. Iyer is a formerIAAS officer)

Instead of the present opaque system, a high-level, broad-based Committee should be

formed to choose the countrys most important constitutional functionary

A swim test in the Indian Ocean

The situation in the Maldives today former President Mohamed Nasheed is holed upinside the Indian High Commission seeking protection from what he believes are trumped upcharges against him by a kangaroo court is quite different from what happened in 1950 in

Nepal, but it is worthwhile recalling the similarities.

All through the 1940s, tension between King Tribhuvan of Nepal and his Prime Minister,

Mohan Shamsher Jang Bahadur Rana, had escalated because the Rana wanted NepalsGurkha troops to join the Second World War on the side of Britain. After an unsuccessfulattempt at dislodging the Rana regime, Tribhuvan sought refuge in India House inKathmandu in November 1950.

Jawaharlal Nehru ordered that Tribhuvan, his son, Mahendra and eldest grandson, Birendrabe given protection under the Indian flag. After a week, they were flown into exile in NewDelhi and put up at Hyderabad House. Huge anti-Rana demonstrations broke out in Nepal,forcing Mohan Shamsher, the last Rana Prime Minister, to negotiate with Tribhuvan. Thevictorious King returned home after two months.

So when Mohamed Nasheed, the first democratically elected President of the Maldives,walked into the Indian High Commiss

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Editorials January 2013 for 27th and 28th July.docx