|
|
Indo-Pak dialogue
Managing water
A feather in ISRO’s cap |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Handling Kashmir
When words fail
Legalising surrogacy — Boon or bane?
A step in the right direction
Rent a womb: The proposed legislation
|
Indo-Pak dialogue IT would be unrealistic to expect dramatic results from the three-day visit of External Affairs Minister S.M. Krishna to Islamabad beginning Wednesday and his scheduled talks with his Pakistan counterpart Shah Mahmood Qureshi. Yet, the fact that talks between the two countries that were snapped in the wake of the Mumbai blasts in November 2008 have graduated to the level of foreign ministers despite sharp differences of approach is a healthy sign and deserves to be welcomed. Both sides recognize that there is a huge trust deficit between them and bridging this gap is fundamental to the return of durable peace and mutually-beneficial economic cooperation to the region. For India, it is important that we engage with a democratically-elected regime and seek to strengthen its hands vis-à-vis the Pakistani army and the lawless elements who are striking terror in Pakistan and the region at large. For Mr Krishna there cannot be a bigger issue on the agenda than the terrorism that continues to emanate from Pakistani soil. It is for the Pakistan government to rein in elements like Hafeez Saeed who has been spewing venom against India. Islamabad’s lack of cooperation in bringing the real masterminds of the Mumbai attacks to book is a sore point that is delaying the process of normalization. Even in Kashmir, it is of little consequence whether those Pakistanis who are fuelling terror are state actors or non-state actors. It is the Pakistan state that must bear responsibility and it would be Mr Krishna’s task to apprise Islamabad of the seriousness with which this country views the issue. It is indeed time that Pakistan takes steps to address India’s genuine concerns on terror so that other aspects of the suspended ‘composite dialogue’ could be addressed more purposefully. Both sides have much to gain from increased trade and economic cooperation, more so Pakistan whose economy is tottering. It is heartening that more people-to-people contacts, exchange of teachers and students and opening of more trade and transit routes between the two countries are already on the bilateral talks agenda. But in the absence of mutual trust all these would come to nothing. One can only hope that the Islamabad talks would take the two countries forward in re-establishing trust.
|
|
Managing water LAST year’s deficient rains perhaps had made the Punjab and Haryana governments complacent about pre-monsoon preparations. Clearing the canals and strengthening the river embankments before the onset of the rainy season used to be a mandatory annual exercise. Encroachments and haphazard construction over the years have blocked or diverted the flow of rivulets and canals. The consequences of official neglect are before everyone. Along with assessing the losses, responsibility should be fixed for official laxity. It was not a natural calamity as the rain was not unexpected or abnormal. What caused the floods and who failed to take the preventive measures should be found out once the relief and rehabilitation work is over. A little administrative effort and caution in advance could have saved so much human misery and loss of precious lives. The civil administration in the two states has been found wanting, once again, as the Army had to be called in to plug the breaches and restore train services. Commendable community work was at display at some of the places. Instead of owning responsibility for the avoidable rain havoc, ruling politicians and officials in both states started trading charges and making irresponsible statements, which could ignite trouble. While touring the flood-hit areas, they did not forget to take news photographers along. The chief ministers of Punjab and Haryana may keep squabbling over the sharing of the river waters, but they do not seem to know how to manage excess rainwater, which goes waste year after year. Rainwater harvest is still at a talking stage. Village ponds are fast disappearing and the water table is declining at an alarming rate. Serious effort has still not gone into recharging groundwater. Once the rain fury subsides and normal life is restored in the area, effective drainage and disaster management systems need to be put in place. The two CMs should sit together and work out a solution of the vexed water problem. Mismanagement of water resources has caused tremendous loss to both states.
|
|
|
A feather in ISRO’s cap
THE Indian Space Research Organisation deserves kudos for the successful launch of the Polar Satellite Launch Vehicle (PSLV) and the release of five satellites, including the remote sensing Cartosat-2B. Since 1999, PSLV has been ISRO’s workhorse and has an unblemished record of success in launching both Indian and international satellites. In 2008, a PSLV successfully launched 10 satellites in one go, breaking a world record previously held by Russia. While the PSLV programme successfully propelled India as a major space player, ISRO has not met with the same success in running its more ambitious Geosynchronous Satellite Launch Vehicle (GSLV) programme which seeks to send heavier satellites into higher orbits. Only recently, on its first flight test on April 15, the GSLV-D3, designed and built by ISRO, failed to reach its designated orbit due to the malfunction of fuel booster turbo pump. While ISRO should get a pat for its PSLV launch vehicles, credit must also be given to it for the success it has achieved in developing and building satellites. Aryabhata, India’s first satellite, was launched from the Soviet Union in 1975. The nation has come a long way since then in indigenously building and launching satellites, especially earth observation satellites like the Cartosat-2B whose payload is a panchromatic camera with a high spatial resolution and stereoscopic vision. It joins its predecessors, Cartosat-2 and Cartosat -2A, all of which have spatial resolution of less than 1 metre, which is a commendable feat. These satellites will help monitor development works at village level besides preparing large-scale cartographic maps, and providing images that have a good commercial market internationally. The data from the satellite can also be used for defence purposes. The only other Indian satellite in the latest launch was the pico-satellite STUDSAT, designed by 35 undergraduate engineering students from seven colleges in Bangalore and Hyderabad. Such initiatives ignite our young minds, who are the future of the nation. Space science in India needs to attract and induct fresh talent into its ranks to meet the challenges that lie ahead, including a manned space mission that has been announced.
|
|
|
What they call ‘heart’ lies much lower than the fourth waiscoat button. — George Christoph Lichtenberg
|
Handling Kashmir THE situation in the Kashmir valley marks a setback in the long process of finding a permanent solution to the problem there. After the assumption of office as Chief Minister by Omar Abdullah last year there have been a series of incidents which mostly developed into serious law and order situations, with men and women pouring out into the streets in large numbers to protest against the administration. These were dealt with haphazardly. The forces ranged against Omar Abdullah and his National Conference are politically motivated and their objective has been to provoke and create ugly situations. The death of 15 young men in 15 days in the recent stone-pelting incidents, which provoked retaliatory action by the CRPF, was unfortunate. Stone pelting was first noticed during the Amarnath Yatra agitation in 2008. Now it has become an established form of attack against the security forces in the streets and bylanes of Srinagar in which even some women had joined with gusto. Regrettably, certain CRPF jawans were also throwing stones in retaliation, which is not permissible. While the stone-pelting saga has been witnessed for the past two years, it is not understood why the DRDO or the Central police organisations could not consider inducting vehicles with powerful water cannons or some weaponry for throwing temporarily debilitating gas with the help of specially designed weapons. It is not clear if any enquiries were made for help from friendly foreign forces such as Israel, which have successfully dealt with similar situations. The CRPF has, no doubt, faced extreme provocations. And yet its jawans should not have used force to the extent of causing death in retaliation for stone throwing from the crowd. This brings us to the question of induction of armed forces in the Kashmir valley, particularly in Srinagar. It was considered necessary as a deterrent or stand-by force. The armed forces conducted flag marches with the Army vehicles driving through the streets of Srinagar which had a demonstrable effect on the enforcement of curfew. All the same, it is felt that the induction of the armed forces in the valley to assist the civil and paramilitary forces after a lapse of 19 long years was possibly not considered carefully before taking the decision. Omar Abdullah’s request for the purpose was not enough. At a time when Pakistan’s Foreign Minister had already cried hoarse about the human rights violations in Jammu and Kashmir, the induction of the Army could possibly have been avoided. Arising out of these developments is the fact that the present crisis, which led to the holding of an all-party meeting in Srinagar on Monday, has been brought about by political forces. The intercepts with the Central government, made public showing some of those associated with the Hurriyat inciting people to seek martyrdom and thereby keep the fire burning in the valley, only confirm this. Unfortunately, there has been no movement in the matter of political discussions for almost a year, if not more. Khurshid Mahmood Kasuri, the former Pakistan Foreign Minister, had disclosed early last year that the back channel negotiations between New Delhi and Islamabad in 2006 were successful and draft agreements were ready to be signed by India and Pakistan. The then Pakistan President, Gen Pervez Musharraf, had, in fact, spoken of “something between autonomy and independence”. The reaction among Hurriyat leaders was enthusiastic. Mirwaiz Umar Farooq had, in fact, announced in January 2007 the unequivocal rejection of violence and said that the Islamist rebellion, which began in 1989, had failed. He said the armed struggle had achieved nothing but graveyards. However, all this is past, and whatever General Musharraf had proposed has been repudiated by the military establishment in Pakistan, which has the real control over power. The ISI treats the Lashkar-e-Toiyaba as an asset in handling the situation in Kashmir. When Home Minister P. Chidambaram said that there was evidence of the hand of the LeT in the Sopore developments, it made no difference to the Opposition politicians in Kashmir. It is obvious that the incitement to the stone throwers and even far more serious developments are inspired from across the border. Agent provocateurs and LeT activists could well be presumed to be working with the agitators in the valley. The situation has to be retrieved and the dialogue process has to start with the various sections of the political entities in the field. How and at what level the negotiations will begin will have to be considered carefully. Calling the delegations to Delhi for discussions spread over a couple of days may not make real progress. Would it be worthwhile to designate an interlocutor to negotiate with the various stakeholders in Kashmir? During the NDA government, K.C. Pant, Deputy Chairman of the Planning Commission, was designated for the purpose. He visited Kashmir and met several people, but the response was not adequate. Pant was followed by Arun Jaitley and after some time N.N. Vohra, the present Governor of J&K, was appointed as the interlocutor. However, much progress could not be achieved. The negotiations have to begin at the political level and the Prime Minister has to seriously consider a senior Cabinet Minister like Pranab Mukherjee for the purpose, who could be heading a Group of Ministers which may include Home Minister P. Chidambaram, Defence Minister A.K. Antony and External Minister S.M. Krishna. The respective Secretaries and officers from the IB and the RAW would assist them. However, let there be no thinking in terms of appointing a commission to go into the Kashmir situation. In August 2000, there was some thinking on the part of the Centre to set up a Constitution Review Commission presided over by a Supreme Court judge. However, this did not materialise and it was well that it did not. The resolution of the Kashmir problem has two aspects — one dealing with the people of Kashmir and the other with Pakistan regarding the eventual settlement of the dispute between India and Pakistan. Prime Minister Manmohan Singh has said more than once that the LoC with India and Pakistan is not negotiable and the border between the two countries cannot be redrawn. The recent developments on the Afghanistan-Pakistan border, the two visits of Gen Ashfaque Kayani, accompanied by the ISI chief, and the reported inclination of President Hamid Karzai of Afghanistan to come to terms with the Taliban forces are all pointers to the fact that Pakistan is slowly gaining the upper hand in Afghanistan affairs. President Obama’s announcement that the pullout of the US troops from Afghanistan would begin in July 2011 has been interpreted by Al-Qaeda and the Taliban as the impending exit of the Americans. All these developments may lead to elements in Pakistan to create more trouble in Kashmir, possibly by infiltrating a large number of jihadis of foreign origin, said to be waiting in the Taliban camps in Pakistan. It would be advisable to sort out the Kashmir problem internally by setting a deadline, which should not be later than six to nine months or, at the most, a year. Article 370 of the Constitution, the Delhi Agreement of 1953 between Jawaharlal Nehru and Sheikh Abdullah, the 1975 Agreement between Indira Gandhi and Sheikh Abdullah, the resolution passed by the J and K Assembly in 2000 on autonomy are all guideposts in resolving the issue of greater autonomy for Kashmir. Eventually, it is the question of quantum of autonomy for J&K, and the matter should be resolved
satisfactorily.
The writer is a former Governor of UP and West Bengal.
|
|||||
When words fail FOR many wonderful years, my life was controlled by the ringing of the school bell and centred around the various activities that children are involved in, in a public school. But the bell will not ring any more and I will no longer hear the cheerful clamour of
children. I will no longer feel that palpable excitement that permeates a classroom when a lesson is being well taught. I feel anxiety and bewilderment because I know no other way to fill the long lonely hours. I feel a sadness, too, for a way of life that is lost to me forever. Stronger even than the feeling of sadness is a feeling of deep gratitude. I have no illusions about myself or about my work. I am a reasonably good teacher of English, who, by a stroke of luck, was elevated to the position of Principal. I am a man of limited vision and all through my 20 years with YPS, both in Patiala and in Mohali, have been painfully aware of my mediocrity. My only aim has been to make my school better each year, in every area of its functioning, than it was the year before. That I was able to achieve much, even with this modest aim, was due entirely to the support I received from every member of the YPS family. There is gratitude towards
my Board. No head could wish for a better Board. Kind and generous, sensitive to my every need and difficulty, the Board held my hand when I faltered and was generous in its praise when I
succeeded. Gratitude towards the parents who gave me their wholehearted support in everything that I tried to do and whose criticism was almost always extremely constructive in
nature. There was a tiny fringe group who had decided that the school was their enemy, who were unpleasantly aggressive and hostile and who, after the recent crisis, even made an attempt at blackmail. But I am grateful to them, too, because they added much needed spice to what could, otherwise, have been tediously smooth sailing. Gratitude to the staff: teaching, administrative and support, who have put up with my erratic temper and my unreasonable demands, created a pleasant, comfortable and happy workplace and worked with zeal and
dedication. Gratitude to my wonderful children who accepted the imposition of strict discipline as necessary for their own well being, children who were always unfailingly polite to me, children who brought me two of the most wonderful gifts that any Head can ask for, a desire to excel in everything that they put their hands to and exemplary behaviour and conduct on every outing beyond the physical limits of the school. For the major part of my life I have traded in words and made a successful business of it, but now when I need them the most, words fail me. All that I find myself capable of saying is, thank you YPS, thank you very
much.
|
|||||
An expert committee has got ready the Draft Bill for legalising surrogacy. After the Union Cabinet's consideration, The Assisted Reproductive Technology (Regulation) Bill, 2010, will be tabled in the monsoon session of Parliament. Is the proposed legislation giving legal rights to parents and others to have surrogate babies path-breaking? A close look
Legalising surrogacy — Boon or bane? Floated earlier in 2008, it envisages a national framework for the regulation and supervision of Assisted Reproductive Technology (ART). It legalises commercial surrogacy for single persons, married or unmarried couples. When it becomes law, the surrogate mother will have to enter into a legally enforceable surrogacy agreement. It states that foreigners or NRIs coming to India to rent a womb will have to submit documentation confirming that their country of residence recognises surrogacy as legal and that it will give citizenship to the child born through the surrogacy agreement from an Indian mother. This, perhaps, is in view of the two-year legal battle of the surrogate sons, Nikolas and Leonard, born to the German couple Jan Balaz and Susan Lohlad. The two kids, born to an Indian surrogate mother in January 2008, were rendered stateless with neither German or Indian citizenship. Subsequently, the Supreme Court got them exit permits in May 2010. Similarly, after being stranded in Mumbai, a gay Israeli couple was granted Israeli passports only after a DNA paternity established in May 2010 that gay Dan Goldberg was the father of Itai and Liron born to a surrogate mother in Mumbai. This followed a debate in Knesset (Israeli Parliament) and the Jerusalem District Court ruled in appeal that it was in the children's best interest to hold the DNA test to establish their paternity. Before Parliament passes the Bill, it must be debated thoroughly. Ethically, should women be paid for being surrogates? Can the rights of women and children be bartered? If the arrangements fall foul, will it amount to adultery? Is the Bill a compromise in surpassing complicated Indian adoption procedures? Is the new law compromising with reality in legitimising existing surrogacy rackets? Is India promoting “reproductive tourism”? Does the law protect the surrogate mother? Should India take the lead in adapting a new law not fostered in most countries? The Draft Bill lacks the creation of a specialist legal authority for adjudication and determination of legal rights of parties by a judicial verdict and falls in conflict with the existing laws. These pitfalls need to be examined closely before enacting the legislation. In the UK, no contract or surrogacy agreement is legally binding. In most states in the US, compensated surrogacy arrangements are either illegal or unenforceable. In some states in Australia, arranging commercial surrogacy is a criminal offence and any surrogacy agreement giving custody to others is void. In Canada and New Zealand, commercial surrogacy has been illegal since 2004, although altruistic surrogacy is allowed. In France, Germany and Italy, surrogacy, whether commercial or not, is unlawful. What, then, prompts India to plan a legislation to protect the genetic parents, surrogate mother and the child? India's surrogacy boom began in January 2004 with a grandmother delivering her daughter’s twins. The success spawned a virtual cottage industry in Gujarat. Today, India boasts of being the first to legalise commercial surrogacy soon to legitimise both intra-and inter-country surrogacy. The would-be parents from the Indian diaspora in the US, the UK and Canada and foreigners from Malaysia, the UAE, Afghanistan, Indonesia, Uzbekistan, Pakistan besides Nepal are descending on sperm banks and In-vitro Fertilisation (IVF) centres in India looking for South Asian genetic traits of perfect sperm donors. Moreover, renting wombs has become an easy and cheap option in India. Relatively low cost of medical services, easy availability of surrogate wombs, abundant choices of donors with similar racial attributes and the lack of any law to regulate these practices is attracting both foreigners and NRIs to sperm banks and surrogate mothers. Surreptitiously, India has become a booming centre of a fertility market with its “reproductive tourism” industry reportedly estimated at Rs 25,000 crore today. Clinically called ART, it has been in vogue in India since 1978 and today an estimated 200,000 clinics across the country offer artificial insemination, IVF and surrogacy. In Baby Manji Yamada's case (2008), the Supreme Court observed that “commercial surrogacy reaching industry proportions is sometimes referred to by the emotionally charged and potentially offensive terms wombs for rent, outsourced pregnancies or baby farms”. It is presumably considered legitimate because no Indian law prohibits surrogacy. But then, as a retort, no law permits surrogacy either. Surely, the proposed law will usher in a new rent-a-womb law as India is set to be the only one to legalise commercial surrogacy. In the absence of any law to govern surrogacy, the Indian Council of Medical Research guidelines (2005) for accreditation, supervision and regulation of ART clinics in India are often violated. Exploitation, extortion and ethical abuses in surrogacy trafficking are rampant and surrogate mothers are misused with impunity. Surrogacy in the UK, the US and Australia costs more than US $ 50,000 whereas advertisements on websites in India give varying costs in the range of US $ 10,000 and offer egg donors and surrogate mothers. It is a free trading market, flourishing and thriving in the business of babies.
The writer is Advocate, the Supreme Court of India and the Punjab and Haryana High Court
|
|
Everything would be in black and white and legal redressal for any failures will be possible. At present, there is no accountability of the IVF centres as they can deny everything as legally they don't even exist. However, with things becoming easier and legal, people might become overenthusiastic and have a baby for which they are not emotionally prepared on a long-term basis. Neglect and abuse of these children is an issue of concern and a mechanism should be put in place for monitoring their progress by social agencies. — Dr Anju Huria, Gynaecologist, Chandigarh
Repugnant to human dignity Whatever the intentions, its inevitable consequence would be the creation of a market specialising in the sale and purchase of babies, or as the Court of Appeal in England put it in 1985, in "a kind of baby-farming operation of a wholly distasteful and lamentable kind". The only proper way to pursue the Bill would be to abandon it.
— Anupam Gupta, Senior Advocate, Punjab and Haryana High Court Negative impact on society Family togetherness, in traditional terms of having a father, mother and brother/sister, is important for the upbringing of any child and the same cannot be provided by gay or lesbian couples or individuals. Children born to such couples or individuals may lack confidence. It will definitely affect the children in the long run. — Dr B.S. Chavan, Head, Psychiatry Department, Govt Medical College Hospital, Sector 32, Chandigarh
Don't keep doctors out of the loop Doctors alone can run the IVF clinics. Keeping them out of the loop will not be in the interest of either the surrogate mothers or those hiring them.
— Dr Umesh N. Jindal, Jindal IVF and Sant Memorial Nursing Home, Sector 20, Chandigarh (As told to Anuja Jaiswal)
|
|
|
Rent a womb: The proposed legislation
|
|
|
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Letters | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
THE Union Cabinet will shortly examine the draft Assisted Reproductive Technology (Regulation) Bill, 2010, and then table it in Parliament. 
THE Draft Assisted Reproductive Technology (Regulation) Bill, 2010, is a step in the right direction. It will help regulate the functioning of the in-vitro fertilisation (IVF) centres and make the entire process of surrogacy legal. The setting up of ART banks will ensure quality check and accountability.
It is inconsistent with human dignity that a woman should use her uterus for financial profit and treat it as an incubator for someone else's child. These words of the Warnock Committee reporting to the British Government in 1984 remain unanswerable even today. The proposed Bill, however, legalises not only surrogacy per se but even commercial surrogacy or surrogacy "for monetary compensation" or "on mutually agreed financial terms". 
For infertile couples wanting to have children, the ART would make things easier as regulations will be there for the entire process. But if it encourages single parenthood, it will not be in the interest of the children born out of such an arrangement and thus will have a negative impact on society.
Those who would run ART banks will not be professional doctors and hence won’t be able to make the right decision. They will not have clinical knowledge about the quality of semen or oocytes.