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Warmth in the air No to human cloning |
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Power politics in Himachal Sikh turban and French law Write on ... Sir Vidia How India hurts its tourism Chatterati
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No to human cloning India’s stand on cloning presented before the United Nations legal committee is detailed and well-graded. It has strongly opposed reproductive human cloning, but has at the same time supported research on stem cells because this new technology could be used to fight numerous diseases. In common man’s eyes, both mean the same thing but in reality there is a vast difference in the two. The former involves tinkering with nature and trying to do in a matter of months what nature has evolved in millions of years. It just cannot be tried out in India, what with its record of misuse of many medical facilities. The objections are not just ethical and moral but also practical. In a country where even the ban on the sex determination test cannot be effectively implemented and infanticide and foeticide are rampant, allowing human cloning can lead to a disaster at the hands of unscrupulous researchers. While human cloning is fraught with grave dangers, stem cell research is an entirely different cup of tea. It holds out vast promise, which we must exploit, particularly because the cures for various serious diseases that it offers can be relatively cheaper and more effective. Work done by Indian scientists in “therapeutic cloning” is impressive and may lead to remedies for debilitating diseases and spinal cord injuries. Ironically, there is very little scope of the UN reaching any consensus on this subject. Not only is the world divided sharply on the issue, even the US itself has two vociferous camps. President George W. Bush opposes the creation of human embryos for medical research, but challenger John Kerry supports it. Those in the UN who are against a blanket ban may like to defer the decision in the face of the election. Even if the UN makes a ban legally binding, it is doubtful that many countries will abide by it. Ultimately, everything will have to be decided on a country-to-country basis. India must stick to its opposition to human cloning. |
Power politics in Himachal THE electricity rates in Himachal Pradesh for the domestic consumer are set to soar 25 to 40 per cent from this month unless the cash-strapped state government pays the promised subsidy of Rs 3.26 crore a month to the power board. The Himachal Pradesh State Electricity Board made a Rs 6 crore profit in 1997-98 and, thereafter, suffered losses which accumulated to Rs 228 crore by March 31, 2004. Electoral politics scripted the board’s downfall. The State Electricity Regulatory Commission recommended a tariff hike in 2001. After six months or so as elections neared, the then Dhumal government promised subsidy to the board. To get the Central grant, the state government initiated the reforms and appointed a State Electricity Regulatory Commission, but is not following its recommendations. To clip its wings, the commission is denied adequate funds and staff required for its smooth operation. The commission has now asserted its authority by telling the board to raise the power rates if the state government fails to pay the subsidy. The board is notoriously overstaffed with the per unit employee cost among the highest in the country and, interestingly, is headed by the Chief Secretary. The Centre is releasing the grants without monitoring the progress of reforms. The state has got away with grants sans reforms because of the same-party rule in the state and at the Centre. The ultimate sufferer is the power board, which badly needs operational autonomy and a technocrat management since the bureaucrats heading it have financially ruined it as they invariably toe the convenient line of their political masters. |
Sikh turban and French law THE objective of any law has to be the welfare of people. It is not an empty exercise and is meant to fill a gap in law. No law can aim at bringing about only uniformity in law with a view to covering all communities if its basic purpose is not to subserve the even tempo of society as a whole. The French law which has been objected to by the Sikhs in France has to be looked at from this perspective. This writer made specific queries from various sources, including the French Embassy in India, as to whether the text of the law objected to by the Sikhs which affected their school-going children was available in English but drew a blank. It was also pointed out by them that no Press hand-out was issued by the French Embassy on this subject. It is understood from Press reports that the French Ambassador to India has stated that Sikhs can wear a “discreet patka” which means a handkerchief but not a turban. It must be borne in mind that it was the Catholics themselves who were the targets of the law which has its early origins. The European Convention on Human Rights, to which France is a party, does not deal with the minorities such as the Sikhs but the First Protocol to the convention provides thus: “No person shall be denied the right to education.” Culture is yet another important area of concern to the minorities, and if the wearing of turbans by the Sikhs does not interfere with security or law and order of the State of France, the justification for the law in question has to be explained by it. Achievements of minorities in respect of their cultural or educational rights and other areas of importance to them create a favourable climate in the world for the State in which these rights are respected. Article 18 of the Universal Declaration of Human Rights (December 10, 1948) provides that everyone has the right to freedom of thought, conscience and religion, and to manifest his religion or belief in teaching, worship and observance. This right is reiterated in Article 18 of the International Covenant on Civil and Political Rights which was adopted by the international community as far back as 1966 and has already entered into force. (Article 9 of the European Convention on Human Rights to which France is a party is also to similar effect). Article 26 of this covenant further provides that education shall promote understanding, tolerance and friendship among all racial or religious groups. Article 27 of the European Convention is based on the assumption that minority groups need special rights to enable them to preserve and develop their ethnic or religious characteristics. Further, turban is part and parcel of Sikh dignity. As such, it is not only part of “human dignity”, it is also part of human right. However, this writer has been able to obtain the French text of the law dated March 17, 2004, from his own sources which provides for applying the principle of “LAICITE”, that is, secularism and separation of the Church and the State with respect to the wearing of religious symbols in public schools. The law is summarised as under: In all public primary and secondary schools, the wearing of symbols or articles of clothing by which students ostentatiously display religious affiliation is forbidden. The only safeguard provided in law is that before any disciplinary action is taken against a student who allegedly violates the law, a dialogue with the student must precede. While examining whether the French law correctly derogates from Article 18 of the covenant referred to above (which provides for the right to manifest one’s religion), it is pertinent to mention that paragraph (3) of the article categorically states that this freedom is subject only to such limitations as are prescribed by law and are necessary to protect “public safety, order, health, or morals or the fundamental rights and freedom of others.” Derogation from these limitations is not permissible even during emergencies. As such, it is difficult to understand as to how the restriction on the wearing of the turban by Sikhs or other religious symbols would be justified by any of the limitations mentioned in paragraph (3) of Article 18. Most treaties concluded after the first and second World Wars contain a similar special provision of the above kind which was explained by the Permanent Court of International Justice in its advisory opinion in “Minority Schools in Albania.” The court held that the treaties had two objects, the first being to ensure that the nationals belonging to racial or religious minorities shall be placed in every respect on a footing of perfect equality with the other nationals of the State and the second being to ensure for the minorities suitable means for the preservation of their racial peculiarities, their traditions and national characteristics. True equality could not be conceived, according to the court, without these two requirements. Even though the turban as such is not a religious symbol, it is meant to cover the heir which are a religious symbol. No one can legitimately object to the turban. It is understood that there is a plan to move the European Court of Human Rights. Unfortunately, unlike the UN Covenant, the European Convention on Human Rights does not contain the minority clause. The efficacy of moving the World Court seems somewhat doubtful. Further, the court has already decided (in June 2004) a Turkish case on a similar law except that Turkey had extensively discussed the matter with the clergy and all concerned in the Muslim community. This was not done as far as the Sikhs in France are concerned. This is the only plus point on which the Sikhs could be said to be on a strong footing. A more potent weapon would be for the government to take up the matter diplomatically to protect the Sikhs if they happen to be Indian citizens. Surely, in spite of different cultures prevailing in the European countries, France can hardly ignore the sentiments of its minorities. The Sikh turban can in no way be considered as ostentatious display of a religious symbol. Turbans are or were worn by Muslims, Hindus and Sikhs in several countries. Recently, a German federal court is reported to have ruled that a regional ban by South-Western State of Baden-Wurttemberg on Muslim teachers wearing headscarves in public schools must also apply to Christian nuns. The French cannot possibly be opposed to cultural diversity, being the seat of UNESCO. France is a country with which India has friendly ties and cordial relations. It would, therefore, be appropriate for it to advance the necessary justification for its actions based on international declarations and covenants. Human rights are now a matter of global governance and hence a matter of concern for everybody. The writer is a former Secretary in the Ministry of Law and Justice, Government of India. |
Write on ... Sir Vidia SIR V.S. Naipaul’s recent announcement to write ‘The End’ and lay down his pen has sent his fans into inconsolable gloom — who consider him to be ‘the finest living writer’ of English. Well, as one of them, I’ve done my bit. It all started with a little bird telling me that Naipaul was soon arriving in India and staying at a particular hotel in New Delhi. I immediately mailed him a letter, along with copies of my writings on him. After a few days, I rang up the hotel, and was put in touch with a kindly soul, Pradeep Uniyal — the special valet assigned to the ‘star guest’. Pradeep turned out to be as good as the proverbial ‘Jeeves,’ who perhaps reads both Kafka and Naipaul during his coffee breaks. As a kindred soul, he was sympathetic to my mission and became a willing conspirator. But he wanted to ‘strike’ at the ‘write moment;’ knowing about the Nobel Laureate’s allergy to intrusion of his privacy. Shortly, I received a message that I should call NOW! With a pounding heart I rang up Sir V.S. Naipaul; almost expecting the receiver to be slammed down! But Pradeep had done his magic. And instead, I was greeted with a warm hullo. Speaking with a very clear and resonant accent; even his telephonic talk is precise, crisp with immaculately structured ‘perfect’ sentences. Typical of his sharp, curious intellect; one of his first queries was regarding my name. “Is it Wattas or Vatsa?” I had to give a long-winded explanation about it being originally Vatsa; perhaps anglicised by my ancestors during the colonial days. “Good writing is all about presenting complex ideas in simple, easy words,” was his advice to me as an aspiring writer. Talking about his books, I mustered up enough courage to say that I preferred his non-fiction to his recent novels; and my all time favourite was Finding the Centre. Amazingly, he listened to all this with good grace and patience. In fact, he comes across as a very gentle, mellowed person contrary to the ‘intolerant and cantankerous’ media persona! I urged him to keep writing and not get bogged down by a mere niggling back. Sharing my own personal travails and triumph over the malady I said, “Please put your back pain on the backburner and write on… He had a good laugh and added, “Yes, the mind must always serve a purpose or else life would be pointless for a writer.” I think I heard a silent, desire flickering in the maestro’s heart, to pick up the pen once again. And continue sprouting his ‘magic literary seeds.’ Thank you,
Pradeep. |
How India hurts its tourism
I
AM an NRI from Canada. I went there for higher studies some 30 years ago and stayed on. Now an affluent pensioner, I am in India to renew my ancestral bonds and visit its major religious and historical sites. In fact, many an NRI would like to get on the visitor-circuit. Such a move can put India on the tourist map and earn sizeable foreign exchange. Apparently India is not yet ready to welcome the tourist. Take the Indian visa rule, for example. It says a foreign tourist must register with a Superintendent of Police (SP) within two weeks of his arrival if he intends staying for more than six months. Clearly it is a stupid rule. How can a tourist decide six months ahead of time? Surely, it will depend mainly on the kind of travel experience he will get. It amounts to asking a patient on arrival in hospital to decide if the stay would be six months or more! Even if a tourist will stay for more than six months, why should he register within two weeks of arrival? Consider his plight, for instance, when he lands in Bombay, visits Bangalore and Hyderabad en route, terminates his air journey in Delhi to reach Punjab by road. Where should he register — Bombay, Delhi or in Punjab? Will not the two weeks be over before he reaches his destination and has recovered from jetlag? We know the kind of reception one often gets in the SP’s office: uncouth behaviour and delay. Imagine how a non-English speaking foreigner would react to the situation. Never visit India again! That’s what a Spanish woman told me in Bombay. Dr Manmohan Singh is right in saying that government rules are stifling India. Air India is an NRI’s nemesis. In North America there is hardly an NRI family which has not had a brush with Air India, mostly an unpleasant one: baggage loss, delays, rude staff. Hence travel agents, offering even lower rates on Air India, often have “no takers”. Canadian NRIs avoid the airline as if it’s plague-ridden. Lately Air India angered a phalanx of Canadian NRIs that will further blacken its image. Here are the facts: once a week an Air India flight takes off from New Delhi for Frankfurt airport, where it is supposed to connect with Air Canada flights bound for Toronto, Edmonton and other North American cities. But if the Air India flight fails to connect with Air Canada, all passengers (mostly NRIs returning from India after winter) are booked in Frankfurt airport hotels for the night at Air India’s expense. I was once a recipient of this forced hospitality. This delayed arrival in Frankfurt by Air India is alleged to be contrived by the Air India management, just to give business to the airport hotels. In return, the hoteliers are said to give favours to Air India managers. That’s how the Air Canada staff at Frankfurt interprets Air India’s “compulsory” delays. High time Air India did something to rescue its reputation. To look for a hotel, on arrival at night at India’s international airports, is a risky enterprise. In the West the hotels post their phone number and rates on the airport walls or leave booklets at the counter. In India, the tourist must walk to the ill-lit taxi stand to get such information. Often what one gets is a bunch of haggling touts ready to snare a customer by whatever means. No wonder many a tourist wait at the airport till dawn. Indian hotels can make a foreigner’s life much easier by giving authentic information at the airport counter. Despite a bulging middle class, India still lacks enough air links to its major provincial towns. That is a huge blow to a tourist’s zeal. Thousands of Punjabi NRIs, for instance, can’t get flights to Punjab or Himachal Pradesh. Flights to cities such as Lucknow, Bhopal, Madurai, Pune, Vishakhapatnam and so on, are few and far in between. Thus NRI retirees are jittery to opt for India. Of course, a tourist can travel by rail or taxi. But delays and discomfort of the train journey for retirees or those with children is simply too much. Long distance taxi ride is highly risky as the tired driver and the ill-kept vehicle surely keep you taut and nervous. Yearly, more persons in India die in auto accidents than Americans from heart disease. Two years ago, the Delhi taxi that I took to Jalandhar was road-blocked by the police at the Haryana and Punjab borders only to squeeze some cash out of the driver who obliged without a protest. |
Chatterati India’s top designers recently joined hands to protect God’s creatures that make the world beautiful. The fashion creativity show organised by the People for Animals saw designers like Rohit Bal, Rina Dhaka, Jatin Kocher along with media personalities displaying products ranging from T-shirts to pashmina shawls that combined style and message in the form of animal motifs and slogans. Well, it was not only the show that was different but also the glitz on the ramp. It was the celebrities and designers who walked the ramp this time, not our skinny models. This is the new fad in the Capital now-a-days . Real people on the ramp. Size, height are no criteria here. It’s your name that matters now. It’s also a great motivator for all. Although Chairperson Maneka Gandhi of the PFA gave this show a miss, her sister Ambica Shukla was present as a representative of the organisation. A wild fun affair where after the show it was time for Indi popper Shibani Kashyap to take the stage as one and all swayed to this music.
Contest for
Mrs India
The glamour world is really set to rope in all sorts. This time cops, detectives, basketball players all formed a part of “Mrs. India” fray. This contest for married women was started four years ago by Mrs. Maureen Wadia of Bombay Dying. As married women do the toughest task of playing mother and housekeeper, they hardly have time to realise their dreams. This pageant allows women up to the age of 50 to apply. The last contest was won by Aditi Govatrikar Lakdawala in 2000. The winner will contest for the Mrs. World title then. So holidays without family, grooming without paying pots of money and prizes along with fame and, of course, bollywood will open its doors for the next Mrs World. The basketball player is 5ft 10 inches tall and she assumes that if she wins it will take her to greater heights. Here women with kids are no taboo except they need to be in great shape. Anyway, women today hardly look their age, thanks to gyms, botox etc. But this whole exercise is great for the bored housewife and professionals.
Outsiders
in Bihar
Bihar is truly a unique place. It is shunned by all but we have politicians running there to fight elections, George Fernandes, born in Karnataka, has been fighting elections from Bihar since 1977. Sharad Yadav, migrated from Madhya Pradesh to Bihar to fight elections. Then in the 1991 poll we had Chandra Sekhar fighting from Maharajganj. How can one forget the funny episode when former Prime Minister I.K. Gujral came into the Rajya Sabha from Bihar only because Laloo Yadav hung Gujral’s name plate outside his residence for the address needed to complete the formality? Must say, Biharis are very generous. In the last elections, the RJD used to sing the song “Tum to rahe pardesi, saath kya nibhaoge” effectively against Sharad Yadav. Incidentally, the same song was a part of the BJP’s poll campaign against Sonia Gandhi. |
Thou must be emptied of that Wherewith thou art full, That thou mayest be Filled with that whereof, Thou art empty. — Saint Augustine There is hunger for ordinary bread, and there is hunger for love, for kindness, for thoughtfulness; and this is the great poverty that makes people suffer so much. |
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