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Law in a loop
Gift of life |
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When they get no alimony
Maoists’ interests in status quo
Nothing to hide
london latitude
If you have it, flaunt it
At the top and running
‘Orphans for Orphans’
Changing ethnic composition
Hungary offers PR to investors
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Law in a loop
There
is the law that provides for hanging in India. There is also the judiciary that pronounces the capital punishment in cases it sees as the ‘rarest of rare’ (there were 1,455 from 2001 to 2011). But then there is the executive which — but for the Kasab and Afzal cases — has been loath to carry out the sentence. And the reasons have not been political alone. For nearly a decade, not even the most barbaric of murderers have been hanged, and no one in civil society complained. The political leadership — as part of the entire system — has perhaps not been sure of how today’s society looks at the practice of taking a life with legal sanction. Presidents have dithered on mercy petitions.
Amidst this reluctance to hang have also come up cases — Delhi gang-rape, Kasab, Afzal, Rajoana, Bhullar, et al — in which there has been a clamour for hanging from certain quarters, depending on the political, communal or regional affiliations. Given India’s diversity, there will never be a case in which the “collective conscience” of the entire society is satisfied. The law, thus, cannot be subservient to subjective opinions. At the same time, to have a law and not implement it does not seem constitutionally correct. What is happening is a de facto abolition of the death penalty. Under the circumstances, when someone does get hanged, charges of political opportunism are only natural. The government may be doing justice, but does not seem to be doing justice, which is equally important. The arguments against capital punishment are plenty — not being absolutely sure of a person’s guilt; no proven gain in terms of crime deterrence; ‘legal murder’; imprisonment till death being as effective in removing a threat from society; and, recently, selective executions. With 140 nations around the world having abolished the death penalty, practically the greatest argument in favour of death in India is the sheer existence of the law since ages. We are not sure of the big step. In the meantime, however, selective executions are not only harming the interest of justice, but also proving a cause for communal alienation. It is time our Parliament confronted the issue that is on everyone’s mind — debate and resolve in accordance with the collective conscience.
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Gift of life
Cancer
might be considered a disease of the old age and is often linked to advancing years. Yet over the years the incidence of childhood cancer has increased substantially. Childhood cancer contributes to 5 per cent of the total cancer burden in India. In absolute numbers the figure is certainly distressing, even alarming. Nearly 45,000 children are diagnosed with cancer every year. What is more worrisome is that unlike developed nations, where 80 per cent of child cancers are cured, the mortality rates of children afflicted with cancer in India are rather high.
Leukaemia and lymphoma are the most common childhood cancers, non-Hodgkin lymphoma, caused by mutation due to external factors, like pollution too affects a large number of children. Eye cancer comprises 1 per cent paediatric cancers and doctors have reported cases of oral cancer among teenage children as well. Even though paediatric oncology has made strides in the last few decades, there is still an acute dearth of specialists in this field. Children die due to lack of awareness, absence of early detection and often abandonment of treatment. While exact statistics are not known, abandonment rates for childhood cancer patients in India range from 10-63 per cent, mostly among rural and poor children. Tackling cancers among children has to be a priority and needs to be confronted at many levels. Like adult cancers, here too the real culprit is late diagnosis. Awareness drives while focussing on the need for early detection also must educate parents about symptoms of early cancers. Indeed, cancer is a deadly disease but with timely medical treatment, it need not sound the death knell. The least that India owes it to its children is the gift of life. It must go the extra mile to ensure that those who come from underprivileged sections of society do not succumb to the disease for want of money and treatment. Cancers among children are curable. This should not remain a mere slogan to be reiterated on token cancer days but has to translate into a reality through concerted action involving all stakeholders. |
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When they get no alimony
A
judgement passed in a recent divorce case by the Punjab and Haryana High Court will make women fume over an unprecedented interpretation of Section 125 of the Cr P C. Under the same section, in 2011, the Tis Hazari courts had granted maintenance with retrospective effect to a divorced woman, who had filed a case for maintenance 12 years after her divorce due to lack of awareness of her legal rights. Her husband was asked to pay alimony after 17 years by an Additional Sessions Judge, who said, "… a divorced wife is entitled to and can claim maintenance till she remarries. Divorce does not end the right to maintenance under Section 125."
Contrary to this interpretation, the judgement passed by the Punjab and Haryana High Court, citing Section 125 (4), a woman was denied interim maintenance as well as any maintenance after divorce since the divorce took place on mutual consent and the woman was paid Rs 1 lakh as full and final settlement money. Under the cited section, “No wife shall be entitled to receive an allowance for the maintenance or interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she …refuses to live with her husband, or if they are living separately by mutual consent.” By application of this section it is assumed that a woman who gets divorce on mutual consent is under no duress to agree for a divorce. The woman who was granted maintenance after 17 years was forced for divorce on mutual consent. The Indian reality is complex as women are often pressurised by men to accept divorce on mutual consent, taking advantage of their ignorance. Often hurt and angry women are not able to see the repercussions of such deals. Courts should be more sympathetic to their vulnerability. Else, denial of their rights under divorce on mutual consent will push more and more women to the contested divorce, which will cause unnecessary delays for the estranged couples and burden on the courts. |
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Some people are always grumbling because roses have thorns; I am thankful that thorns have roses. — Alphonse Karr |
Maoists’ interests in status quo
IN their continuous offensive against the Union of India, Maoists carried out a daring attack on an IAF helicopter on January 18, damaging it badly with over a dozen and a half bullet holes. It was on casualty evacuation mission in the heartland of south Chhattisgarh's Timelwada. The helicopter crash-landed nearby because of the extensive damage done by the bullets. This incident has rattled the forces and aroused fears among the higher echelons of the government that the country is faced with a serious security challenge which has virtually spread to almost all parts of central and south-eastern states of India. It's a grave threat to national security requiring some bold action.
An agrarian movement that originated in an unknown village of Naxalbari in West Bengal in 1967, consequent to the abridgement of tribals' land rights and economic exploitation by landlords as well as forest officials, it boomeranged into a major movement engulfing the entire tribal belt of Chhattisgarh, Jharkhand, Andhra Pradesh and Odisha. The majority of the 533 tribal communities of India, with a population of 88 million, live in forests. Requirements of forest land for the purpose of railways, roads, dams and other developmental projects uprooted the tribals living in these forests for generations. They were neither rehabilitated properly nor compensated adequately by the government. They lost both their rights and livelihood. Denial of economic and social justice provided the motivation for revolt. It was a tribal movement but encouraged and led by communists of devious hues that came to be known variously as Naxalism, Maoism and, lately, Left-wing extremism after the amalgamation of various smaller groups. The younger generation swayed by Marxist-Leninist ideology soon joined their ranks. The movement peaked from 1991 onwards when they started attacking government assets like the railways, police stations and other official installations. The uprising had a far-reaching impact on the internal security of the country and yet the government somehow did not rise to the occasion. The Maoists are a highly organised and disciplined force. They have a 13-member politburo, five or six members the CMC and five regional bureaus. The armed wings are also equally well organised from platoon level upwards. They are trained in war strategy, field tactics and weapons handling. They are fully conversant with the tactics employed by the paramilitary forces. Their intelligence network invariably surprises the CRPF. Surprise and concealment are their main weapons. They seldom move during the daytime unless absolutely necessary. In comparison to Maoist guerrillas, the CRPF is neither well trained nor well led. Consequently, they continue to suffer heavy casualties on an almost regular basis. In April, 2010, as many as 76 casualties occurred in a single ambush at Dantewada and again recently on January 7, 10 police personnel were killed and another 15 injured in the Karmatiya forests. Bodies of slain police personnel are used as booby traps. They have no hesitation in inflicting death and destruction on people who come in their way. They are so used to living the way they are presently living that they are no longer interested in pursuing their original objectives. The government's effort to improve their lot is no more relevant to them. They have easy money, run a parallel government, dispense justice, redistribute land and dictate terms to suit their whims. In fact, it is a good business for them. The fact that they are not even willing to talk to the government speaks for itself. How to evolve a suitable response to wean them away from this disruptive way of life is a serious problem. The only option left unexplored so far is to take them head on with iron gloves and more punitive methods. It is a bold decision requiring political will on the part of the government of the day. It is an insurgency of a different type, needing a different approach. Hesitancy on the part of the government because of the sensitive nature of these operations has restricted the forces from optimising their potential. The Air Force helicopters providing logistic support in the form of troop induction and casualty evacuation are highly vulnerable during takeoff and landing because of their proximity to ground, low-speed and restricted manoeuvrability. And yet they are not permitted to employ onboard integral weapons like high-calibre guns and rockets to return fire in self-defence or for the suppression of ground fire. All that they have are a few small-calibre guns carried by men on board. Since helicopter crews are operating with these limitations, they require a highly sanitised area of 1.5 to 2 km around the helipad before they could approach it for landing. This is to preclude the chances of being hit by the Maoists' guns. The paramilitary forces have a difficult task of sanitising the area around the landing ground. To what extent the CRPF succeeds in doing so or, for that matter, to what extent they actually do so in the face of the live threat is a moot point. Not presenting a sanitised area of requisite dimensions would only expose the helicopter and onboard logistic elements to grave danger. The last month's episode that led to an extensive damage to the helicopter and serious injury to some of the jawans when it came under heavy fire from the Maoists during landing for casualty evacuation seemed to belong to this category only. A stage has now reached wherein these Maoists have developed vested interests and stakes in the status quo. They are not interested in growth and development anymore, for that would lead to enhanced accessibility of government forces which will threaten their power base. They even oppose globalisation and liberalisation of the economy because they consider it inimical to their long-term interests. This movement is led by highly indoctrinated people who have been fed on Mao's teachings. At present, the Maoists are on the ascendant with the government forces on the receiving end. In fact, left-wing extremism poses a serious ideological threat. The ideologically charged Maoists have gained psychological advantage over the CRPF and the CPOs. It's time to review the strategy and the modus operandi to neutralise the physical as well as ideological threats. While the government should continue to concentrate on issues that originally led to this movement, it must simultaneously explore other means to eliminate the threat. Exploitation and oppression of tribals, economic, social and ethnic disparity, rural infrastructure, non-implementation of forest and land-ceiling laws and disillusionment with the government and governance are some of the factors that need sincere attention. It is equally important that a simultaneous strategy of calibrated response and force employment is adopted. This message must be driven home to them that the government would not hesitate in resorting to harsher means if considered necessary in the interest of the state. Notwithstanding the fact that these Maoists are a part of the citizenry of the country, they have left no option with the government except to employ more punitive measures. A calibrated use of air power, including the drones to detect, identify and engage the threat, is an option for consideration. Many nations have done this in the recent past. Only then would they realise that the government means business. There is no way the government can win this war against battle-hardened Maoists with defensive
means.
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Nothing to hide
This is a story from my childhood at Lahore, when I was just about six years old. My father got me admitted to the second standard in Dev Samaj School, close to our residence in Vasant Nagar. My mother got me bathed every morning, applied a generous amount of mustard oil on my head and rubbed it hard. She then took care to pour two “gadbi’s” (a narrow-necked brass pot) of water over me to ensure that the superfluous oil got washed away.
There was nothing like school uniform in our institution those days. Most of us went to the school dressed in “kurta” (shirt) and “churidar” pajama, tight-fitting at the ankle's end, but baggy over the buttocks. More fashionable ones came in “neekar” (half-pants) with their shirt tucked into it. Some Muslim boys attended school dressed in “choga`s” (long shirts). At least one of them, Badr-us-Salam, wore nothing under his “choga”. Corporal punishment by “ustad`s” (teachers) was quite a routine those days and the most usual way of chastising was to make the pupils sit in the “murga” (chick) position for half an hour or so. This posture was assumed by squatting and passing hands through the thighs and calf muscles from behind and holding the ears. To add to their discomfort, they were periodically warned not to droop, but keep their buttocks up. The raised buttocks sometimes got thrashed with a cane. The teachers, in turn, used to be terribly afraid of the Inspector of Schools. His periodic visits led to the teaching staff, including the Headmaster, being in tension. They did all in their power to ensure that the inspector went holding a high opinion about their performance, the main ingredient of which was, of course, the proficiency of their pupils. During one such supervisory visit, our class teacher, Abdul Hakim, thought of a rather innovative plan to hoodwink the inspector. He made us sit in tidy rows in such an order as would ensure that every weak student had a bright one behind him to enable him to copy. I, thus, had Badr-us-Salam in front of me. I solved the arithmetical sum given to us correctly and duly slipped my slate to the front on the sly for Badru to copy. But “nakal” (copying) also involves a certain amount of “akal” (intelligence) which, unfortunately, my friend seemed to be totally lacking. So, he failed to copy correctly to the great annoyance of our teacher. After the inspector had gone, he promptly made Badru assume the “murga” position while I also got a few slaps. With Badru not wearing any underwear as usual, what a sight he was in front of me! After many years, I heard that once Charles de Gaulle, President of the provisional government of France, went to call on Winston Churchill in his hotel suite. When he entered after giving the courtesy knock on the door, he was taken aback and tried to withdraw in a hurry. Churchill, sitting in his birthday suit, however, beckoned him to come right in, saying that the Prime Minister of England had nothing to hide from the President of France. The joke instantly brought the memories of Badru in the “murga” position flashing before
me.
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london latitude Shyam Bhatia
David
Cameron arrived in India on Monday on a three-day visit with a list of predictable items that will come up for discussion when he meets Prime Minister Manmohan Singh in New Delhi.
Chief among these will be bilateral grade between the two countries. Total trade between the two countries has seemingly soared in the last five years to a total of US$16.2 billion, helped by massive investments made by British companies like BP and Diageo. Likewise from the Indian perspective, Tata continues to be a success story with its purchase of Jaguar Land Rover, providing thousands of jobs for British workers.
But the trade statistics are less impressive when compared to other countries. India’s trade with Switzerland has more than doubled in the last five years to reach an impressive US$33.5 billion. Trade with the US has gone up to more than US$59 billion. When economic discussions get under way, Cameron will doubtless touch on London’s failure to secure the US$20 contract to supply the IAF with the latest generation of fighter jets. The deal was won by France instead. The British Prime Minister may also touch on unresolved billion dollar tax disputes between New Delhi and companies like Vodaphone and Shell. Yet there are other issues as well that officials accompanying Cameron will want to address. Among them is the sharp drop in the number of Indian students studying in British universities. In London government officials have stressed there is no plan to restrict the numbers of foreign, including Indian, students. But the facts on the ground suggest otherwise with the latest figures showing a 24 per cent drop in the number of Indian students coming to study in the UK during 2011-12. Limitations on student visas and ending the post-study work visa, which many Indian students used to recoup the costs of studying in Britain, have all contributed to the decline. Meanwhile Cameron himself is expected to take up the cudgels on behalf of Indian NRIs settled in the UK who complain that the cost of a single six-month visa for India has shot up from £38 (Rs 3100) to £82 (Rs 6700). They are among the 800,000 visitors from the UK, many of them tourists, who visit India every year. |
THE way the wealthy spend their money is a subject of interest to all cultures all over the world. And the UK and India provide an interesting contrast in what happens to the accumulated wealth of the super rich.
In times gone by rich Indians would stuff their almirahs with cash, or buy gold for themselves or their daughters’ weddings. New ways of spending money, according to billionaire philanthropist Aziz Premji, is for some super rich Indians to fly in American bands for weddings at US$1 million a time.
Premji, who says such excesses are repugnant, has himself given away billions to the educational charity he has founded and says, “In India the very rich are demonstrating too much conspicuous wealth in terms of lifestyle…if you go for parties and you go for weddings and in a country of our poverty, some of those make you sick.” In the UK the super rich are no less guilty of conspicuous consumption, whether it consists of consuming £5,000 (Rs 4.15 lakh) bottles of Cristal champagne, or roaring off in £200,000 Ferraris. But the really clever among the British rich have found a new and more discreet way of spending their wealth by burying it underground. How else to explain the intentions of some 800 swanky property owners in London currently applying for permission to extend their basements in fantastic proportions? At one level these billionaires are simply asking permission to create swimming pools, gyms, tennis courts - and in one case even a museum -beneath their homes. But seen from another perspective they are literally hoarding, burying, digging and even hiding their wealth. Land is more readily available in India than the UK, but, given the price of urban property in India these days, how much longer before India’s property billionaires take a leaf out of what is happening in the UK? |
ONE of the world’s best known Sikhs is preparing for a red letter day, or marathon day, at the end of February, a few weeks short of his next birthday.
Aged 101, Fauja Singh is both something of a hero and the oldest marathon runner on the globe. For years he has participated in races around the world to successfully raise money for a variety of charities. To keep fit he does light exercise and opens exercise centres across the UK. Last year the “Turbaned Tornado” participated in the Hong Kong marathon, telling the local media how he loved the competitive element of the sport, but could forsee a time when he would only run for pleasure. Only last year the Ilford, UK-based grandfather became the oldest person ever to complete the Toronto marathon.His trainer, 52-year-old Harmander Singh, was quoted as saying, “He wanted to run forever. But as soon as he crossed the finishing line I had to persuade his family to let him run for one more year. I have to manage his mental and physical wellbeing. Why not retire at the top?” The plan now is for Fauja Singh to participate in one last marathon in Hong Kong,the Standard Chartered Hong Kong marathon. Following that he will enter shorter races in Mumbai, Mauritius, Toronto and Singapore, thereafter effectively hanging up his running shoes shortly before his 102nd birthday. Ten years ago, at the age of 91, he gave up his Indian passport and became a British citizen. When he turned 100, he received a letter from Queen Elizabeth, a privilege that is extended to British citizens when they complete a century. |
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Two English brothers who lost their parents in the 2004 Sri Lankan tsunami have set up a successful rubber chappal company that will devote some of its profits to a Goa-based charity that helps Indian orphans.
Mango Tree Goa will be the recipient of 10 per cent of the profits of the company set up by Rob and Paul Forkan who were only teenagers when their parents were killed in Sri Lanka’s 2004 Christmas Day tsunami.Three years earlier the boys’ parents had decided to escape the rat race in the UK by re-settling in India along with Rob, Paul and two other children. When their parents were killed the two boys and their siblings had to hitchhike for 200 kilometres before they could return home to live with a relative. Since then they have launched their chappal company named ‘Gandys’ because it was inspired by the chappals worn by Mahatma Gandhi. If the brothers’ hopes are fulfilled, they could become the world’s third biggest chappal brand after two similar companies in Brazil. The Gandys chappals priced at £20 (Rs 162) will be available from this April at leading British high street shops as well as from shoe chains. Explaining their decision of donating to Mango Tree, Rob Forkan told the British media, “We spent so many years in India, it became something of a second home and we thought that as we build our business, why not give back a little along the way.” The brothers who describe their initiative as ‘Orphans for Orphans’ say their ultimate aim is to provide enough money to open and sustain the costs of both a school and orphanage in memory of their much loved parents. |
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NRIs and others from South Asia have helped to make white British nationals a minority in three cities outside London, according to a study carried out by Manchester University.
The three cities are Leicester, Luton and Slough where the local South Asian populations have combined with a recent influx of immigrants from Eastern Europe to change the local demography. This means white British national now make up only 45 per cent of the population of Leicester and Luton and 35 per cent in Sough. According to the study, NRIs, including naturalised British Indians, make up 28 per cent of the population in Leicester with other Asians and Africans contributing 8 per cent. Pakistanis make up 18 per cent of the population in Slough where the NRIs are 16 per cent. Pakistanis also comprise 14 per cent in Luton with the Bangladeshis accounting for 7 per cent. If present trends continue, white Britons could also become a minority in Birmingham by the end of 2020. Professor Ludi Simpson, head of population studies at Manchester University, said, “We need to understand changing ethnic composition to understand our citizens’ changing needs. “Housing, school meals, care of older people, cultural and entertainment facilities, funeral services and many other aspects of local services are all intrinsically affected.” Stronger words have come from Sir Andrew Green, head of MigrationWatchUK who says the public is upset by the consequences of what he calls the last British Labour government’s policy on. “All this is a direct consequence of Labour’s mass-immigration policy rammed through in the teeth of public opposition”, Sir Andrew was quoted as saying. |
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Hungary offers PR to investors
Hungary
has become the latest member of the European Union (EU) offering permanent residency to non-EU nationals prepared to invest in the country. Under a newly approved law those EU nationals who invest £212,000 (Rs 1.7 crore) in five year government bonds will have an opportunity to win permanent residency.
The Hungarian scheme is less generous than that of Spain which offers temporary residence permits to anyone who purchases property worth more than £130,000. The idea is to find purchasers for more than 75000 empty homes lying vacant in Spanish beach resorts and elsewhere in the country. As with Hungary the Spanish scheme eventually allows investors access to all parts of the EU Schengen zone. Meanwhile a spokesman for Hungary’s ruling part explained the new policy, saying, “The goal is to make the regulations of residence less bureaucratic for investors and thus promote economic co-operation and investment. Legal experts based in Budapest say they have received hundreds of inquires since the new scheme came into operation. One expert commented, “If you set up a business in Hungary and you have permanent residency, it is easier for you to do business across the EU.” Similar schemes to attract foreign capital already exist in other EU countries like Cyprus, which requires foreigners to invest at least £252,000 (Rs 2 crore) to qualify for permanent residency. Portugal, another cash-strapped EU country, requires a minimum of £420,000 (Rs 3.3 crore). Not too many Indians have taken advantage of these schemes. Most inquiries have come from the Middle East and Russia, but it is wealthy Chinese who have so far topped the list of those hoping to emigrate from their homeland. Europe’s comparatively cheap property prices, plus good education and health systems, are all seen as incentives. Another attraction for the Chinese is that if they live abroad they are no longer bound by Beijing’s one-child policy. |
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