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Perspective

No limit to human greed
The common man is at the receiving end, says Justice P.B. Sawant (retd)
Amidst the whirlwind of globalisation, liberalisation and privatization, the main casualty is the man. Not that he was ever at the centre-stage after the Industrial Revolution with capitalism in the saddle. But he had still the power to resist its inhuman onslaught through unionisation.Globalisation, which is the present incarnation of capitalism and its end-product, imperialism, has snuffed out even that little opposition with the national government obeying the dictates of organisations like the IMF, the World Bank and the WTO dominated by the US.


EARLIER STORIES

A deal with Maoists
October 24, 2009
Triumph of Congress
October 23, 2009
PM’s call to forces
October 22, 2009
Two better than one
October 21, 2009
Death wrapped in mystery
October 20, 2009
Assessing babus
October 19, 2009
Projects in PoK
October 17, 2009
The Lahore strike
October 16, 2009
Dialogue, best way out
October 15, 2009
With Agni and Prithvi
October 14, 2009
Nobody’s friends
October 13, 2009
Dinakaran is out
October 12, 2009


Sign the Hague Convention for childrens’ sake
by Anil Malhotra
The London Borough of Ealing seeks advice for the repatriation of an abandoned 10-year-old Indian boy in Southall after the Indian High Commission refuses temporary travel documents unless the missing passport is cancelled and the Indian Court Guardianship order is produced.

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The two Asian powers
Strains in Sino-Indian relations defy logic
by Ashwani Kumar
China’s discordant posturing on a host of issues adversely impacting Indian sensitivities calls for an informed debate on the future of Sino-Indian engagement. Globalisation, which has ensured that territorial determinant of strategy and security are no longer adequate has also brought to the centre of domestic politics the conduct of foreign policy in our engagement with the world.

Championing the cause of sanitation
Profile by Harihar Swarup
Sulabh International founder Bindeshwar Pathak has been named among the “Heroes of Environment 2009” by Time magazine. He has been credited with developing the technology for a new toilet and founding the non-profit, non-government Sulabh sanitation movement to bring his creation to those who need it most.

Balraj Puri I never compromised my principles: Puri
On Record by Sunaina Kaul
Balraj Puri, noted writer, eminent journalist and political  activist, has been nominated for the prestigious 24th Indira Gandhi Award for National Integration for the year 2008. The Congress party instituted the award in its centenary year to honour individuals or institutions who have made significant contribution to national integration and understanding. 
                                                                                                                    Balraj Puri

 


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No limit to human greed
The common man is at the receiving end, says Justice P.B. Sawant (retd)

Amidst the whirlwind of globalisation, liberalisation and privatization, the main casualty is the man. Not that he was ever at the centre-stage after the Industrial Revolution with capitalism in the saddle. But he had still the power to resist its inhuman onslaught through unionisation.

Globalisation, which is the present incarnation of capitalism and its end-product, imperialism, has snuffed out even that little opposition with the national government obeying the dictates of organisations like the IMF, the World Bank and the WTO dominated by the US.

In the process, the nation has lost both its freedom of action and sovereignty. At present capitalism is in its usual systemic vortex, this time probably the biggest, on account of over-shooting by the players in the game, propelled by endemic greed. The common man, who has no part to play in the game, is, of course, as usual, at the receiving end and is most severely hit by it.

The need for an economic system, which is human-centric, and not profit-centric for the few, has been felt for long, independently of capitalism and its disastrous vicissitudes. Any rational economic system should have the satisfaction of fulfilling at least the primary needs of every man/woman in society such as adequate means of livelihood, shelter, a decent environment to live and work, education, healthcare, recreational facilities and leisure.

These are the minimum basic rights or economic human rights which every individual must have if he/she is to live a life of dignity. Their content may differ from society to society, but these should first be applied to meet the human rights of every citizen for societal advancement.

The fruits of development have to be distributed equally among all till a desired level of the standard of living is attained, and thereafter according to the needs of the duties to be discharged by the respective members of society.

Societal development will involve the utilisation of natural resources such as land, air, water, flora and fauna and minerals. It may also involve the exploitation of non-renewable resources of the earth. Man has to exercise utmost restraint while exploiting nature, for the destruction and pollution of the environment is bound to have its repercussions on all life, plant or animal.

Man has to live in cooperation and not in confrontation with nature in his own interest. He must bridle his greed and first decide the limits of his consumption and possessions. His happiness does not depend upon his possessions, but on his being in peace with his innerself and with the outer surroundings.

The message of simple living and high thinking — the pursuit of higher things in life — is also extremely important in another vital context. The environment, which is threatened by destruction and pollution on account of consumerism deliberately propelled by capitalism and growth of population, can only be saved by keeping our needs both simple and minimal, and consuming only the minimum necessary to live a healthy life.

The philosopher-historian Prof Arnold Toynbee has recommended to the world the same ancient Indian way of life precisely on account of the impending danger to the environment and human life posed by consumerism.

When Karl Marx stated that man has to choose between “to be or to have”, he was thinking of nothing else. Mere possessions do not make a man happy. Happiness does not flow from things external. It is an inner feeling generated by being at peace with oneself. The pursuit of acquisition of unnecessary things itself deprives a person of his/her peace of mind, and when such things are acquired, he/she loses whatever peace he/she has while protecting and preserving them. The population-sustainable capacity of the earth is not yet ascertained. But it is not necessary for man to wait till the capacity is exhausted. The quantum of consumption is already increasing with the growth of population and that is destroying nature in its own way. The creation and the consumption of the necessities have to go hand in hand, and for that purpose, the balance has at all times to be maintained between the hands that work and the mouths to be fed.

There has, therefore, to be planning of population to maintain the balance. However, to determine the minimum to be produced two maxima have to be fixed. The nature of items to be consumed and their maximum number and the maximum population which should inhabit this planet.

This exercise raises the question: how much consumption is enough or how much is too much? In other words, when do you call a halt to development, and say “thus far and no further”? The capitalist economic system is the least satisfactory apparatus qualified to answer this question. A planned economy, where population, production and consumption are planned can guide us in the matter.

The primary economy needs of man are ascertainable. The nature of goods and services required by members and their quantum can be estimated. The mode by which they may be produced at the lowest cost in terms of resources and human labour may not be difficult to be devised even if by trial and error. The development of technology has to be in the direction of lesser expenditure of natural resources and saving them for future generations.

There is no need to save or substitute human labour except where the tasks are hazardous, unhygienic, formidable, challenging and beyond the capacity of human beings. Every member must have work to perform — manual or intellectual — for it is in work that man finds his ultimate fulfillment and salvation.

An idle man is a nuisance and menace to society. The surplus time, energy and means available with men and women, if not occupied in a creative and fruitful endeavour, are bound to turn to the destructive, unhealthy and perverse activities. Peace, stability and smooth functioning of society will always be in danger. There are only a few who use their surplus resources creatively and beneficially for society. This is also our historical experience. The empires have risen and fallen on account of the sloth, vices, depravities and licentiousness on the part of the affluent classes.

The capitalist system is bound to promote development in the direction of more and more efficient technology and to reduce the cost of human labour in the production and distribution of goods and services, since its aim is to increase the profit margin. It is not evolved to serve society but to serve the few capitalists to become more and more rich.

In its attempt to enrich the few, however, it has to face its periodic nemesis — recession and depression on account of the production overrunning the demand. It takes a long time to revive the economy, the duration depending upon the severity of depression. But the so-called revival is called upon to meet the same fate of depression again after sometime, by the inevitable consequences of the endemic phenomenon of over-supply and under-demand.

The evils of the capitalist economy are not confined to the recurrence of the trade cycles. To ensure and expand the market, it has to encourage consumerism and produce unnecessary goods and services destroying the precious natural resources and polluting the environment. Consumerism has thus its harmful effects on the individual and society.

Conspicuous consumption, greed, covetousness, the false sense of pride of possessions, the chase for the so-called riches and competitive luxuries all follow as its natural consequences, keeping the individual constantly on toe and making him restless. Society is corrupted by struggles between the individuals to outsmart the other to be “richer” by hook or by crook. No means are unfair to win the race. The aim is to reach the top of the pyramid of material “prosperity” by any means.

The entire ethical system is topsy-turvy. The usual values stand replaced by new norms based on considerations of profit and loss. Everything is measured in terms of money and its material utility. The higher values, the fine arts, the elegance and aestheticism are all relegated to the background and their place is taken by superficial and pompous nothings.

Society soon becomes a cesspool of vices and of unethical, unlawful and openly defiant criminal conduct and roguery and lawlessness become the order of the day. All sections are affected by the falling standards set in motion by the dominant classes, and their pattern of behaviour becomes the fashion of the day. These consequences are inevitable in an acquisitive society.

The new economic system is necessary for this country as also for the humankind. It may appear to be an attempt to swim against the tide. But if humanity is to be saved from the ineluctable catastrophe of the present system, we have no alternative.

The earth is a home not only for this generation of humans and all other life, but for generations to come. Nature has bestowed man with superior intelligence to contrive to live a happy life and not to drive this planet and the life on it to their extinction.

Intelligence does not necessarily endow a being with rationality and wisdom. The present generation of human beings is not the most intelligent or most wise. That man is far from being rational is proved by his history so far.

Were it not for his lack of wisdom, we would not have had a stockpile of mass destructive weapons, global warming, acid rains, green house effects and the pollution of air, water and soil, and worse, the economic system which generates them. An alternative system is, therefore, a must. The least that is expected of the man of the present generation is that he endeavours to create an alternative life-protecting and promoting system.

The writer is a former Judge, the Supreme Court of India

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Sign the Hague Convention for childrens’ sake
by Anil Malhotra

The London Borough of Ealing seeks advice for the repatriation of an abandoned 10-year-old Indian boy in Southall after the Indian High Commission refuses temporary travel documents unless the missing passport is cancelled and the Indian Court Guardianship order is produced.

An agitated British father in the UK obtains the London High Court’s order to seek the return of his minor daughter retained in India by her mother in Punjab contravening the British court orders.

An Indian mother in the UK moves to Chennai with a 10-year-old son. His father seeks registration of the UK court order in an Indian court so that it is enforceable should the mother breach the UK court order and violate his custody rights.

A distraught Australian mother desperately seeks child support from an Indian father who has abandoned his daughter and fled from Australia.

Of late, increasing cases of inter-parental child abduction have become a big problem. Unresolved conflicts have generated parallel legal proceedings with no resolution at either end. Sadly, India is not a signatory to the Hague Convention on Civil Aspects of International Child Abduction, 1980.

Consequently, Indian courts decide these cases invariably on the principle of child welfare. The writ of habeas corpus is invoked as an effective remedy. The foreign court custody order forms the basis of invoking this.

The Supreme Court of India has held that a foreign court’s custody order shall be only one consideration while determining the matter on merits where the principle of child welfare will be the clinching factor.

Thus, whenever a habeas corpus petition seeks a child’s summary return to a foreign country and the court opines that it requires determination by requiring evidence to be led by warring spouses, parties are relegated to conventional court custody proceedings.

Clearly, the issue being no longer a local problem needs to be resolved in an international platform. India should sign the Hague Convention because Indian courts cannot stretch their limits to adapt to different foreign court orders arising in different jurisdictions. India needs a uniform law on child custody by following the Hague Convention.

Earlier, cases of foreign children brought to India against parental consent were common citations. Now, the reverse is also true and child removal from India makes it a two-way street.

However, how would Indian courts deal with situations when Indian children are removed to foreign jurisdictions in violation of local court orders or parental wishes? Which law would apply and how would it extend to a foreign country?

The International Family Justice Judicial Conference for Common Law and Commonwealth Jurisdictions 2009 held at Cumberland Lodge (UK) recently, which this writer attended, has resolved that a common law and commonwealth judicial network be established for implementing international instruments involving international family and child protection.

It endorsed the need to encourage the states’ right to ratify the Hague Convention and provide assistance to left behind parents in non-convention countries.

It was agreed that mediation should be provided in cross-border child abduction disputes and apply common principles in the judicial resolution of relocation disputes in the best interest of children.

The conference felt the imperative need for a judge hearing a return application to consider the child’s objection to return, grave risk of harm or intolerable situation and settlement of a child in a new environment.

The universal solution to both domestic and international problem of our global NRI community in the matter of inter-parental child conflicts cannot be resolved on a universal platform until India becomes a part of the global family of contracting countries who are signatories to the Hague Convention.

India did frame the Civil Aspects of International Child Abduction Bill, 2007. However, it is yet to be tabled in Parliament. We need a new synergy and commitment to the cause of the removed child. A law must be put in place expeditiously for the welfare of the child.


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The two Asian powers
Strains in Sino-Indian relations defy logic
by Ashwani Kumar

China’s discordant posturing on a host of issues adversely impacting Indian sensitivities calls for an informed debate on the future of Sino-Indian engagement. Globalisation, which has ensured that territorial determinant of strategy and security are no longer adequate has also brought to the centre of domestic politics the conduct of foreign policy in our engagement with the world.

China’s ratcheting up of its patently untenable claim with regard to Arunachal Pradesh, an integral constituent of our federal republic, its ambivalence on the Indo-US civil nuclear deal and our claim to permanent membership of the UN Security Council, its engagement in Pakistan-Occupied Kashmir and refusal to unequivocally condemn cross-border terrorism are clearly not fortuitous or innocuous.

The stamping of visas by the Chinese Embassy in New Delhi on a separate sheet of paper instead of on passports of Indian citizens of Jammu and Kashmir and Arunachal Pradesh, its opposition to the ADB Loan for a watershed development project in Arunachal Pradesh, transgressions of the Line of Control (LoC) despite the conclusion of an “Agreement on the political parameters and guiding principles for the settlement of Indo-China boundary question”, have given rise to a legitimate sense of disquiet.

The strain in the Sino-Indian relationship defies logic considering the imperative of peaceful and harmonious coexistence in friendship and trust between the two Asian powers who have common and shared perspectives on global issues as reflected in A shared vision for the 21st century — a document issued during Dr Manmohan Singh’s visit to China in January 2008. Just when we were beginning to celebrate the maturing of Sino-Indian ties years after Rajiv Gandhi’s historic initiative in 1988, China’s repeated provocations impel a reappraisal of the terms of engagement with our largest trading partner.

Considering that there is no alternative to building bridges of confidence and trust towards an enduring peace between the two nations, we must realistically appraise the basis thereof. It is evident that this relationship is far too important to be diluted at the altar of misplaced bravado or be suborned by misadventure on either side.

Yet, the inescapable reality is that while India and China have common frames of reference and complimentarities, they are also competitors for influence on the Asian and global stage. And in relations between nations, peace is undoubtedly the dividend of power. This verity must be the starting point in our reflection upon the future and nature of Sino-Indian engagement. We ought to unhesitatingly accept the urgency of the need to bridge the hiatus of power between the two. We need to construct without delay a matrix of power to address this gap in favour of China which stands decisively demonstrated by reliable data.

The People’s Liberation Army (PLA) of China is the world’s largest military force, with approximately 3 million members and has the world’s largest (active) standing army with approximately 2.25 million soldiers. In 2009, China’s military budget was US$ 70.3 billion as against India’s US$ 32.7 billion. China has 7660 tanks as against India’s 5000, 28 destroyers compared to eight in India. China has 50 frigates as against India’s 13 and eight nuclear submarines against one of India. It has 70 submarines against India’s 16. India has 730 fighter aircraft as against 1700 plus with China.

China’s literacy rate is 93 per cent as against India’s 65.35 per cent; 27.5 per cent of India’s population is below poverty line as against 10 per cent in China. The gross domestic savings rate of China is 50.4 per cent as against India’s 37.7 per cent. China has a positive trade balance of $ 295459 million as against India’s negative external trade balance of 5385.7. China’s foreign exchange reserves stand at US$ 2.13 trillion as against India’s reserves at approximately US$ 280 billion. Industry accounts for 48.6 per cent of China’s GDP as against 29.0 per cent in India.

The above comparison is a self-sustaining and an unanswerable evidence of China’s overwhelmingly superior strategic strength. This must compel India to significantly enhance its power of deterrence. Indeed, if we are to become a “swing state in the global balance of power”, we must be ready and prepared to extend the reach of our national power by optimising the full potentiality of the Indian state.

We cannot dispute that the factor of power alone will be the final determinant in the realisation of our policy objectives. This is indeed the moment to revisit the debate between international morality, justice and power and accept as we must that “…morality cannot prevail without the backing of power”.

We must accept that there can be no purposive dialogue on contentious issues between sovereign states except from a position of demonstrated strength. It is inherent in the anatomy of power that it grows with every exercise thereof. History confirms the validity of the view eloquently expounded by Thucydides, the Greek philosopher that the question of justice only arises when the equation of power is equal, for the rest the strong take what they can and the weak yield what they must.

The only way to ensure that the conduct of our foreign policy is not seen as a “pliable echo of somebody else’s sentiments” is to explore the optimal potential of our soft and hard power. While India cannot and must not remain a victim of the “hypnosis of history” and perpetuate conflict with our neighbours, we need to heed Jawaharlal Nehru’s caution that no government dare do anything which, in the short or long run, is manifestly to the disadvantage of the country.

In the contemporary dynamics of global politics, India must leverage the diverse facets of its power to move world opinion to its ends extending thereby the sphere of its constructive influence in shaping the 21st century.

The writer, MP (Rajya Sabha) and a former Union Minister of State, is on the Standing Committee of Parliament on External Affairs

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Championing the cause of sanitation
Profile by Harihar Swarup

Sulabh International founder Bindeshwar Pathak has been named among the “Heroes of Environment 2009” by Time magazine. He has been credited with developing the technology for a new toilet and founding the non-profit, non-government Sulabh sanitation movement to bring his creation to those who need it most.

Pathak’s twin-pit toilet, which costs a minimum of $15 to make, can be installed in any village, house or mud hut. His toilets, the design of which he has made available to NGOs around the country, are used by 10 million people daily.

Dr Pathak’s technology has also been used to construct over 5,500 public toilet complexes in cities across South Asia and Central Asia for the homeless and those who have no sanitation in their houses.

What inspired Pathak to take up such a project? As the 6-year-old son in an upper class Brahmin family, he wanted to know what would happen if he touched a scavenger. When he did, his grandmother punished him by forcing him to swallow cow dung and urine, and making him bathe in water from the Ganges. “This issue has bothered me since,” says Pathak, now 66, who describes himself as a humanist and social reformer. “If they continue to clean human excreta, they will not be accepted into society.”

Discrimination against scavengers is only part of India’s sanitation issue. Today, despite India’s economic growth, some 110 million households remain without access to a toilet and 75 per cent of the country’s surface water is contaminated by human and agricultural waste. More than half a million children die each year from preventable water and sanitation-related diseases such as diarrhoea, cholera and hepatitis. Pathak, who lived with a colony of untouchables for three months in 1968, says: “If you want to work for a community, you must build rapport within it”. He realised the only way to solve the problem was to develop a clean method of human-waste disposal that would be cost-effective for the average Indian household and would, at the same time, rid the country of the practice of scavenging.    

New toilets also eliminate the need for manual scavenging. So Pathak’s NGO, now called the Sulabh International Social Service Organisation, runs rehabilitation programmes for out-of-work scavengers, teaching them the skills they need to find new jobs.

In 2003, Pathak set up a vocational centre in Alwar, Rajasthan, where women are trained in tailoring, embroidery, food processing and beauty treatments. Last year, some three dozen trainees were flown to New York City to participate in a fashion show held at the UN Headquarters to mark the International Year of Sanitation.

More recently, Pathak has perfected an excreta-based biogas plant that generates biogas to be used for heating, cooking and electricity. He has constructed 68 such plants in India.

Though the practice of manual scavenging became illegal in India in 1993, there are still 1,15,000 scavengers working in the country today. But thanks to his innovation and his rehabilitation programmes, Pathak estimates that India will be scavenger-free within five years. “If the government wanted, they could solve the problem in a single day. But I will take the pessimistic view.”

His advice to users is: “Always clean up after yourself. You are responsible for the waste you produce and you should ensure that it is disposed of in an environmentally sound manner.”

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I never compromised my principles: Puri
On Record by Sunaina Kaul

Balraj Puri, noted writer, eminent journalist and political activist, has been nominated for the prestigious 24th Indira Gandhi Award for National Integration for the year 2008. The Congress party instituted the award in its centenary year to honour individuals or institutions who have made significant contribution to national integration and understanding.

A recipient of the Padma Bhushan (2005) and the National Harmony Award, Mr Puri is currently the Director, Institute of Jammu and Kashmir Affairs, Jammu. He is the first individual recipient of the MA Thomas Human Rights Award. He is also vice-president, the Minority Council of India, president, Association of Voluntary Agencies for Rural Development, J&K, and convenor, Peoples’ Union for Civil Liberties, J&K. He is a life member, School of Social Work, Delhi University.

Mr Puri will receive the award — a citation and Rs 5 lakh — from Congress President Sonia Gandhi on October 31, the death anniversary of Indira Gandhi. He speaks to The Tribune in Jammu on a host of issues.

Excerpts:

Q: How did you feel on receiving the news?

A: It was a very happy moment. My contributions for national integration have been recognised. I have been a critic of the Congress government. I was surprised to have been nominated for this prestigious award.

Q: What is your dream of integrated India?

A: All individuals should be recognised constitutionally, politically and socially. Inequality between them should be removed. There should be democratic avenues for development.

Q: How can a journalist help promote national integration?

A: Journalists should write news stories which will help people bridge the gaps. Facts are sacred and comments are free. A journalist should not destroy facts to suit his/her comment.

Q: Can inter-religion and inter-caste marriages help in national integration?

A: By removing all inequalities we can achieve national integration. As inter-religion and inter-caste marriages do not provoke tension in society, these should be accepted by society.

Q: What is the role of women in national integration?

A: They must get good education. They should champion the cause of equality in every field. They should not subordinate a man but should be equal to man.

Q: You played a vital role in the Indira Gandhi and Sheikh Abdullah accord in 1975. Any comments?

A: I worked out all the details of their accord in 1975. I also mediated between Indira Gandhi and Sheikh Abdullah.

Q: Will you point out a few major historical blunders in the country?

A: The demolition of the Babri Masjid, the Gujarat riots, the Operation Bluestar in Punjab — these are a blot on India.

Q: You must have had personal experiences in some of these incidents. Will you please share with us?

A: I had intervened in many communally critical situations within Jammu and Kashmir, Punjab and places like Meerut and Aligarh. In 1967, I had prevented an attack by an irate Hindu mob on a Muslim locality and offered my own life before any Muslim was killed. In 1986, I prevented anti-Sikh riots at some places standing between two hostile mobs. As a convener of the Committee for Dialogue on Punjab, I toured the entire state and addressed meetings after 1984. I met militant and Hindu leaders and initiated a dialogue between them. I was the first from outside the Kashmir Valley to visit it after the outbreak of militancy in 1990. I had been monitoring human rights violations either by the security forces or by the militants.

Q: Have we got over the communal divide? If yes, how? And if not, why?

A: Communal divide exists in the country. My 1952 formula of regional autonomy which was accepted by Jawaharlal Nehru and Sheikh Abdullah is the right solution. Unless that is done, the division will become sharper. The present overcentralised system is the root cause of all tensions.

Q: Is the National Conference government serious over the issue of autonomy? What changes do you suggest?

A: They talk about state autonomy but what about regional autonomy? Any division of the state on communal lines will be a disaster for the state.

Q: At the age of 81, how do you look back at your life?

A: Survival on my own terms is my biggest achievement. I have never compromised my principles either for any reward or fear of punishment or suppression.

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