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A case
of too little, too late Talk,
but how long? |
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Surrogate
motherhood
Bandhs
are India’s bane
Razai
tax
Waziristan:
New battleground in war against terror Myths about Darfur Harvest rain to
quench city thirst
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Talk, but how long?
Even
before the dust could settle over the demand for a separate state of Telangana, in the East rumblings for Gorkhaland are getting louder. The fourth round of talks with the Gorkha Janmukti Morcha ( GJM), however, ended on Monday in yet another stalemate, with the GJM deciding to resume the agitation and indefinite fast after Christmas. The agitation had been suspended for a few days at the request of the Union Home Secretary so as to create a conducive atmosphere for talks. But with the GJM refusing to discuss anything other than statehood at the meeting and then declaring, immediately after the meeting, the resumption of its agitation, indications are that things are back to square one. Still, bureaucrats representing the Union government and the West Bengal government seem to have made it clear that a political consensus was the first pre-requisite for statehood and that there was no such consensus at the moment. With the Left Front, the Congress and the Trinamool Congress, all opposed to any further division of Bengal, there is little or no possibility of a consensus. While ethnic, linguistic and cultural differences from the rest of West Bengal, coupled with poor governance by the state government, are cited in support of the demand for statehood, the demand acquires greater sensitivity due to the proximity of the Darjeeling Hills to international borders as well as to the troubled North-East. Also, the proposed state is unlikely to be viable without the inclusion of some areas in the plains, where opinion over statehood is clearly divided. It is also feared that division of West Bengal would encourage fissiparous tendencies and destabilise the sensitive region. And yet it cannot be denied that the Gorkhas living in Darjeeling Hills seem to be alienated from what they describe as the ‘colonial rule of West Bengal’. If Sikkim next door can develop dramatically, they have been arguing, statehood should be able to address their aspirations better. While bureaucrats are good at buying time and deferring decisions, stonewalling the Morcha does not seem to be working. The better part of this year witnessed blockades, strikes and violence in Darjeeling Hills, where the administration took a back seat. Another year of agitation is in nobody’s interest and a serious effort is needed to find a lasting solution to the emotive and vexed issue. Ad-hocism simply will not work.
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Surrogate motherhood
With
India fast emerging as a favoured destination for childless couples across the world, commercial surrogacy raises a host of moral, ethical as well as legal issues. More recently, even the Supreme Court has entered the debate. Hearing a petition filed by a German couple with regard to grant of Indian citizenship for their surrogate twins, it made pertinent queries. While the apex court bench has taken exception to the term industry, it has also questioned whether children born of surrogacy are being treated as commodities. The issues related to surrogacy remain complex. Even the Law Commission has recommended to the Centre that legislation to regulate ART (assisted reproductive technology) as well as the rights and obligations of parties involved in surrogacy should be enacted. As of now, surrogacy arrangements are governed by individual contracts within parties in question. Often contentious concerns arise, especially those involving foreign couples. For many countries like Germany do not recognise surrogacy, thus leading to legal complications. Still, as the Supreme Court judgement in the Manji case proved, the legal environment in India remains favourable to surrogacy. Add to it the cost advantage that India has and surrogacy seems to be thriving, particularly in Anand in Gujarat that has come to be known as India’s surrogacy centre. The country that is becoming a hub of fertility tourism cannot afford to put the interests of children as well as surrogate mothers at risk. Indeed, while the court must come out with clear-cut guidelines that must go beyond the case in question, the Centre too must pass a comprehensive legislation that would regulate surrogate motherhood. Rights of not only children but also of surrogate mothers, many of whom are often exploited, have to be protected. The proposed ART Bill must resolve all conflicts and contradictions before it becomes law. Surrogacy laws have to take into account the whole gamut of concerns, including health risks to surrogate mothers, as a majority of them hail from underprivileged sections of society.
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You can calculate the worth of a man by the number of his enemies, and the importance of a work of art by the harm that is spoken of it. — Gustave Flaubert
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Bandhs are India’s bane There
is a disconcerting oddity about how we Indians react to certain situations. Nowhere is this better illustrated than in our attitude to bandhs. Think of an enemy who strains every nerve to cause chaos, disrupt production and fuel instability in India. He sends people across to engineer bomb blasts and strike terror. When he achieves the purpose, a political party or group organises a bandh “in protest”, paralysing life and bringing economic activity to a standstill. Could the terrorist or his rogue sponsors have hoped for anything better? Barring exceptions, those who organise bandhs and bring the wheels of development to a screeching halt are not the agents of terrorist outfits. They do have a political purpose, however, of showing their muscle and political relevance. In doing that, they deal the country’s exchequer a huge blow, but who cares? Bandhs are unique to India and in recent times are invariably characterised by virtual absence of governmental intervention, huge economic losses and appalling inconvenience to people. The latest case in point is the events succeeding the in-principle nod by the Central government to the grant of statehood to Telangana. The midnight announcement in New Delhi was greeted by jubilation in the backward Telangana region but hostility in the coastal Andhra and Rayalseema regions. But even more grave were the repercussions for the state’s economy with production in factories coming to a grinding halt and offices across the two regions in virtual paralysis. Ten days after the bandhs and strikes started, industry estimates were that the state was losing an estimated Rs 150 crore a day in terms of production. Perhaps, influenced by the tactics of political leaders, this method of disrupting normal work and life is now spreading to far flung towns and villages too. Local leaders of all hues are realising the potential of the disruptive power at their command. A couple of years ago, parts of the country, especially Rajasthan, were held hostage by the Gujjars agitating under the leadership of Colonel Bainsla. For weeks on end members of the community sat on rail tracks and major road routes to press for their inclusion in the Scheduled Tribe category. Whatever may be the validity of their demands, it was shocking to see an administration standing by without intervening to restore order and clear the tracks so that trains may move again. It was a classic case of a government held to ransom by a community. Not only were people put to great inconvenience but also the economic loss from such action was disastrous. For us in India, it is difficult to imagine that there could be a country in the world where all protests are held during the lunch hour so that production does not suffer and work in offices is not affected. Japan is a shining example of exemplary sense of responsibility from which we have much to learn. When the bandhs first began, there was a semblance of seriousness on the part of state governments to contain the fallout by providing protection to people and industry against lawless elements. Now, however, on the day of the bandh shopkeepers automatically down their shutters. A half-hearted attempt is made to run local trains and buses, but after a few incidents of stone throwing, they are promptly withdrawn. There is a celebratory atmosphere all around with children playing games and elders killing time in myriad other ways. By the evening, the organisers claim complete success, the state government takes credit that it has been peaceful and there is no action taken against the sponsors of the bandh. Many years ago, a senior police officer once expressed his frustration to me that the police was hounded whatever it did — if it fired on rampaging mobs, it was hauled up for excesses, but if it allowed hoodlums to loot and burn it was pulled up for dereliction of duty. Today, the policeman adopts the safe route — looking the other way, encouraging buses and autorickshaws not to run and shops to pull down their shutters. Tourists getting stuck without transport and without any accommodation at railway stations is disturbing enough, but even more serious is the chaos that is caused to the running of essential services like hospitals, banks, schools, BPO centres and small businesses. Perhaps, the worst hit are the daily wage earners. It is usually they who bear the brunt of the violence that marks such bandhs. A most ominous development in recent times is the state-sponsored bandh. If the establishment which is supposed to prevent a bandh itself organises one for its political ends, who can the affected citisen turn to? In October 2007 Tamil Nadu “shut down”, thanks to a bandh called by the ruling DMK supremo and Chief Minister Karunanidhi to pressurise the Centre to expedite work on the controversial Sethusamudram project. It mattered little to the party or its leader that normal life was thrown out of gear, the common man who the party swears by was inconvenienced and work in state government offices was halted. The Supreme Court, mercifully, stepped in, threatening to recommend the imposition of President’s rule in the state but it had only a momentary effect. The judiciary, in fact, has been doing its bit to discourage bandhs. The first major judicial verdict against bandhs came 12 years ago in 1997, when the Kerala High Court ruled in a landmark judgment that forced bandhs were illegal. The decision was upheld by the Supreme Court in 1998. In 2002 the Supreme Court went a step further and declared all forced hartals illegal too. In July 2004, the Bombay High Court told the Shiv Sena and the BJP to pay a fine of Rs 20 lakh each for organising a Mumbai bandh in July 2003 to protest against bomb blasts in the Ghatkopar locality. It was estimated that the bandh had cost the city Rs 50 crore. In November the same year, the Calcutta High Court declared illegal and unconstitutional, the Bangla Bandh called by the Trinamool Congress. The court directed the party to withdraw the call and publish the decision in the media. Last year, the Kerala High Court asked the Election Commission to deregister political parties calling bandhs. A few months ago the Supreme Court took notice of the bandh called in Delhi on the Gujjar issue and described the government’s inaction as a “national shame”. The bandh cost the national capital region around Rs 700 crore. Despite these judicial strictures, political parties have been organising bandhs from time to time with gay abandon. Earlier this year, however, the Supreme Court undid some of the good work it had done when it termed bandhs as legitimate means of expressing people’s feelings in a democracy. The stark change of stand looked even more so because of the fact that the fresh position was outlined by a Bench headed by Chief Justice of India K G Balakrishnan. In 1997, the CJI was part of the Kerala High Court Bench which gave the landmark anti-bandh judgment. If this country is to move forward and have pride of place in the comity of nations, it is indeed imperative that bandhs as an instrument of political one-upmanship be banished. Nowhere in the world do governments tolerate such appallingly anti-national activity that hits production like a thunderbolt and causes untold suffering to people at large. We can ill afford to give democracy such a loose meaning that borders on
chaos.
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Razai tax Who
is not aware of the comfort and cosiness of a quilt popularly called Razai — a natural temptation and second skin for us all during winters. Size, smell, stink, shape, stuffing, softness, snugness, sensuousness and snooze is all that a Razai is. Curled up like a baby in the folds of my velvety Razai, with the mercury dipping to 8 degrees, I was watching a programme on TV which dwelt on funny and silly laws. The anchor informed that in South Korea, it is a law that the cops shall inform the government on bribes given by motorists. My heart almost missed a beat. No, not at the predicament of the cops, if such legislation was promulgated here, but at the thought of they levying taxes on use of Razais in India! I wrapped myself up a little tighter and began to weigh the pros and cons of the ‘draconian Razai Tax’! I visualised the Razai Tax raid on my house when the sleuths counted the “contraband” with us. “You are four of you in this house. How come you can afford to have a dozen Razais with you when the law permits one for each member?” R.T. Officer thundered while I sheepishly explained, “Sir, the extra ones are meant for the guests!” “Ignorance of law is no excuse mister, aren’t you aware that the new law envisages guests carrying their allotted Razais only with them?” an unconvinced R.T.Officer howled. “Couples and the ‘like-minded’ should go for a Razai-pool. India doesn’t progress for the likes of you. None enjoys a Razai-luxury in the cold countries. Hence they are developed. You are the drones in the system —Razai-bugs! No work culture in India exists only because everyone, big or small, rich or poor, young or old, healthy or sick here is found slipping in the Razais at the first opportunity coming their way!” Well, the Razai Tax could be levied prescribing various categories. The fibre and “shah-toosh” ones, besides the Jaipuris and those with velvet and satin covers, could be more heavily taxed than coarse cloth types. The size of a Razai could also be prescribed. The freshly cotton-ginned could have a moderate levy. I pondered on the Razai Tax Department being always lapped up by governments as the “most revenue generating one”. Officers would opt for plum postings here while the civil services aspirants would opt for RTD as their first choice. The department’s mission statement could be “Quit-Quilt for India’s Development” and its official business could be transacted only in the sun. There could also be a Razai-Smelling Cell in the RTD to assess “appropriate use” of Razais. The cell’s recommendations on “smell forensics” could determine the quality control of Razai manufacturing industry. Suddenly I felt my Razai being taken off by wife at 9 that day, who said, “The only way to make people like you do some productive work is to levy a tax on Razais”. And I said, “Just half an hour more darling, please!” A couplet to conclude: Khuda kare ke tumko judai na mile
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Waziristan: New battleground in war against terror
The
myth of the invincibility of the Tehrik-e-Taliban Pakistan (TTP) in its South Waziristan stronghold has been busted by the Pakistan army. However, Operation Rah-e-Nijat (path to salvation or deliverance), launched in mid-October 2009 in South Waziristan, has yielded only limited success. The army and the paramilitary forces are also carrying out an operation against militants in the Khyber, Orakzai and Kurram tribal regions. The centre of gravity of the TTP’s sway over South Waziristan lies along the triangular hub of Makeen, Ladha-Kaniguram and Sararogha. These frontier townships were surrounded by the Pakistan army but proved hard to capture for almost two months. Prime Minister Gilani announced on December 13, 2009, that South Waziristan had been cleared but operations would continue. Most of the TTP cadres have melted away into the mountains to fight another day. Hakimullah Mehsud and other TTP commanders are reported to have sought sanctuary in North Waziristan and Orakzai. The Pakistan army had begun the offensive operations in South Waziristan after several months of preparation on October 17, 2009. Approximately 30,000 troops of 7 and 9 Infantry Divisions of 11 Corps, based at Peshawar, were employed for the operation. They were provided ancillary support by about 5,000 personnel of the Frontier Corps, a para-military border guarding force. Conventional military operations with massive artillery and air support were launched from three directions simultaneously, with 7 Infantry Division moving south from Razmak and 9 Infantry Division moving along two axes — north-west from Jandola and north-east from Wana and Shakai. In the classical mountain warfare fashion, the advancing columns first secured the hills overlooking the towns located in the valleys and then surrounded the townships. Initially, the Taliban fighters — numbering about 10,000 — offered stiff resistance and there was fierce fighting along all three avenues of advance. In fact, the Taliban even recaptured Kotkai from the Pakistan army, but failed to hold on to the town for long. Subsequently, they retreated to the hills and adopted guerrilla tactics, launching hit-and-run raids when they could. They also resorted to the extensive use of improvised explosive devices (IEDs) to blow up army vehicles and cause casualties. The army claims to have killed about 500 Taliban fighters and admits to having lost 50 soldiers. The Taliban says that only 11 of its fighters have been killed and claims to have inflicted ‘scores’ of casualties on the army. As media access has been denied by the army, the rival claims cannot be verified. About 3,30,000 Pushtun civilians have joined the swelling ranks of internally displaced persons (IDPs) in Pakistan. The US and NATO/ISAF forces have been proactively engaged in sealing the border and launching supporting missile strikes from drones against suspected TTP hideouts. In order to avoid having to fight the other militant groups that are active in the area, the Pakistan army has apparently done a deal with them. These groups are led by Mullah Nazir, Jalaluddin Haqqani and Hafiz Gul Bahadur and together include 30,000 fighters. Another 500 to 5,000 foreign fighters — mostly from the al-Qaeda backed Islamic Movement of Uzbekistan — are waiting in the wings to see which way the fight will turn. They might well join the scrap and spoil the party. This is not the first time that the Pakistan army has launched military operations in South Waziristan. In 2004, the Pakistan army offensive had been beaten back with heavy casualties. In 2008, the army hastily entered into a peace agreement with the Taliban as it was ill-prepared to conduct operations effectively. Even now the Pakistan army was extremely reluctant to launch active offensive operations against the TTP for fear of alienating the Pushtuns who comprise approximately 25 per cent of the army, but the recent attacks in Punjab — including on the General HQ at Rawalpindi — and intense US pressure forced it to act decisively. Pakistan’s Muslim troops detest the idea of fighting fellow Muslims who they were told were ‘strategic assets’ till recently in what is seen as the US war against Muslims. In previous years there were many cases of desertion and refusal to obey orders and if the fighting in South Waziristan continues much longer, cases of insubordination are likely to be repeated in large numbers. Creeping Talibanisation is a threat that is common to all countries in the Indian subcontinent. The Taliban and al-Qaeda affiliates have already reached across the Indus river and have begun to consolidate their bases around Bahawalpur in southern Punjab. If the spread of radical extremism remains unchecked, there is no way it can be prevented from creeping across the Radcliff Line into northern India. Hence, the Pakistan army’s fight against the Taliban is in many ways India’s war as well and is worthy of India’s support. The difficulty in offering support is that some perverted elements in Pakistan’s establishment have chosen to accuse India of supporting the TTP. Nothing could be more ridiculous. Would India support a virulent radical organisation that it considers a long-term threat? And, would the TTP, that had offered to fight shoulder-to-shoulder with the Pakistan army against India in case there was a war following the Mumbai terror attacks, accept Indian support? It will soon snow on the hill ranges of South Waziristan, making further military operations difficult. It will also be a challenge for the Pakistan army to hold on tenaciously to the areas that it has liberated as the TTP fighters will be able to exploit the terrain to launch raids into army encampments at a point and time of their choosing. The army will also need to soon decide whether to carry the fight further into North Waziristan or to hold back and launch a spring offensive. Alternatively, the army might claim that all its objectives have been achieved, enter into a cease-fire agreement with the so-called ‘good Taliban’ and gradually hand the area back to the Mehsud tribes to run on their own — after extracting a promise that the TTP will not be allowed to return. In either case, the prognosis looks grim and the Af-Pak region is in for a long period of instability. The US and its NATO/ ISAF allies and the regional powers — the Central Asian Republics, China, India, Iran and Russia — must work together cooperatively for long-term peace and stability in the Af-Pak region — now the world’s most dangerous
flashpoint. The writer is the Director, Centre for Land Warfare Studies, New Delhi
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Myths about Darfur During
Sudan’s half-century of independence, few spots on Earth have witnessed as much death and destruction, with 2 1/2 million war-related fatalities during the past two decades alone. Although the Darfur genocide that began in 2003 is only one of the conflicts raging in the country, they all stem from the same cause: the abuse of power. The ruling party represses independent voices and supports militias that have used genocide, child soldiers and rape as weapons of war. Sudan faces a critical new year, with an unfree election coming in April and a referendum on the independence of the south the following January — tripwires that could provoke a return to full-scale war. In Washington, meanwhile, few challenges have produced a greater chasm between words and deeds. A first step toward closing that gap is debunking the myths about Sudan that persist among policymakers, diplomats and the public: The genocide in Darfur is largely over 1 Because the regime’s mass burning of villages in Darfur has ended and mortality rates have plummeted, some have concluded that the worst is done. African Union officials have even claimed that the war in Darfur is over, while Scott Gration, President Obama’s special envoy for Sudan, referred in June to the ongoing violence in Darfur as “remnants of genocide.” But the government is blocking all independent avenues of reporting, so there is no way to know the level of targeted violence or its perpetrators. For example, mass rape is one of the main weapons of genocide, and there is ample anecdotal evidence that it is still occurring in Darfur. But in March the regime expelled over a dozen nongovernmental organizations, many of which provided support and protection for survivors of rape, so there no longer is any systematic reporting of sexual assaults. China’s oil investments in Sudan keep it from pressuring the government 2 China, which has invested more than $9 billion during the past decade in Sudan’s oil sector, has provided weapons to the regime and run interference for it at the U.N. Security Council. Major international efforts to pressure Beijing to play a more constructive role have fallen on deaf ears. However, the game could change. If the 2005 peace deal between Sudan’s north and south collapses and southerners go back to war, their first targets will be Chinese oil installations in the north. China, therefore, has a vested interest in peace and security. Following up on Obama’s trip to China, Washington and Beijing could partner in a diplomatic “surge” to end the conflict in Darfur and prevent a recurrence of war in the south. Pressure on Sudan hasn’t worked, so let’s try incentives 3 Obama administration officials and international diplomats often argue that all available pressures aimed at the regime — including sanctions, embargoes and diplomatic isolation — have failed, so it’s time to use carrots rather than sticks. Gration, the presidential envoy, told The Washington Post that “kids, countries — they react to gold stars, smiley faces, handshakes, agreements, talk.” Yet, in the 20 years since the regime in Khartoum came to power, it has compromised only in response to the threat or application of meaningful pressure from abroad, such as when it expelled Osama bin Laden from the sanctuary it was providing, stopped supporting slave-raiding militias in the south and struck a peace deal with southern rebels. There are plenty more pressure tactics that could be deployed through the Security Council or other coalitions, such as tightening the asset freezes on the ruling party’s nouveau riche leaders, providing greater support to the International Criminal Court’s cases against Sudanese officials, denying the regime debt relief and expanding the five-year-old U.N. arms embargo. Indicting President Bashir hurt peace efforts 4 This one would be funny if it weren’t so sad. First of all, the peace process in Darfur was moribund long before the International Criminal Court indicted Omar Hassan al-Bashir in March for crimes against humanity. Second, it is precisely because there has been no accountability for such crimes that the violence continues. Third, internal divisions are emerging within the regime, as other high-ranking officials worry that they might be the next ones accused. In reality, the indictment against Bashir has given the international community real leverage to move peace efforts forward. Since seizing power in a 1989 coup, Bashir has ruled despotically and has demonstrated a willingness to maintain power by any means necessary, including authorizing genocidal war tactics. No plan exists to execute the ICC arrest warrant as long as he remains president, and he appears to be the ruling-party candidate for the April election. But unless there are consequences for the crimes of his regime, the atrocities will continue. In short, the new administration, which includes several officials with a track record of calling for real action on Sudan, is missing huge opportunities to help break the deadly cycle of
conflict. — By arrangement with LA Times-Washington Post
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Harvest rain to quench city thirst I joined
Los Angeles' rainwater harvesting program in October, when fierce Santa Ana winds made the notion of any rain, not to mention enough to "harvest," seem fanciful to say the least. But last week's glorious pelting rains filled my new storage barrel to the brim, along with those of several of my Mar Vista neighbors on the west side of Los Angeles. My rain barrel, which looks like a plastic beer keg, sits under our kitchen window, so as my morning coffee dripped last Monday, I watched runoff trickle in. Still in my pajamas, I padded outside to test the spigot at the bottom of the barrel; sure enough, out spurted a jet of water. The next morning, I filled a watering can and gave my houseplants a drink of rainwater. This is truly the stuff of suburban drama. My 55-gallon barrel won't change the world, or even affect our household water consumption all that much, assuming we use the Metropolitan Water District average of 171 gallons a day to shower, wash clothes and dishes, and water our lawns. But in California, where there's little doubt we're in a years-long drought, even small steps make a difference. After Los Angeles residents obediently turned off sprinklers except on Mondays and Thursdays, water use plunged to an 18-year low, according to Department of Water and Power officials. Our little rain barrel, of course, is a bit player in the municipal water production. The harvesting project is funded by a bond that state voters passed in 2000 to curb storm runoff. Locally, the Bureau of Sanitation has a pilot effort in Mar Vista and other communities of L.A.'s west side that feed into the Ballona Creek watershed. I received an invitation by mail to get one of the initial 600 barrels last summer. The eight-page application form included waivers to sign absolving the city of liability and questions about my home's gutters (you need them to participate). Bond funds paid for the recycled barrels -- they once stored pickles, olives or syrup -- and for the private contractor who repositioned the downspout outside our kitchen and set the keg underneath. My total cost was $14 -- for the two cinder blocks on which the barrel sits. "We're off the grid," I tell my husband every summer when our backyard tomatoes ripen or I'm able to cobble together a fruit salad from our spindly peach and plum trees. The line has become a standing joke between us because, of course, we're still very much on the grid. Yet while the bitterness, distrust and one-upmanship in Washington make it easy to believe we are incapable of significant positive change, even in the face of looming climate catastrophe, our little bit does make a difference. I'll plant sweet peas along the fence near the kitchen again this spring -- and water them by attaching a hose to the spigot on my barrel. In Congress, serious discussion of emissions caps, fewer coal-fired plants and more power from solar and wind -- among the obvious policy steps -- is stalled amid screeching over "socialized" medicine, illegal immigrants and whether the president should have bowed to another head of
state. — By arrangement with LA Times-Washington Post
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