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Editorials | Article | Middle | Oped — Youth

EDITORIALS

Minorities in Lokpal
Constitutional tenability is vital
T
he Manmohan Singh government seems to be going around in circles if the way it has dealt with the minorities quota issue in the Lokpal Bill is anything to go by. The draft that it circulated among members of Parliament provided that 50 per cent of the members of the Lokpal at the Centre and Lokayuktas in the states shall be from among the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and women.

US call centre Bill
It is premature to raise the red flag
T
here have been conflicting reactions in this country to the proposed Bill in the US Congress that seeks to deny federal grants and loans to firms which outsource call-centre jobs outside the United States. While the Bill is said to be ‘nowhere close to becoming a law’ and appears unlikely to be passed, Indian industry body Nasscom (National Association of Software and Services Companies) has been quick to denounce the move and declare that the ‘disappointing’ development will restrict free trade and promote discriminatory trade practices.




EARLIER STORIES

Neglected migrants
December 23, 2011
Decks cleared for Lokpal
December 22, 2011
Time-tested leaders
December 21, 2011
Rahul takes up retail
December 20, 2011
Rahul takes up retail
December 19, 2011
JUSTICE DELAYED, DENIED & BURIED
December 18, 2011
Making Lokpal accountable
December 17, 2011
Political posturing again
December 16, 2011
Anti-graft bills on anvil
December 15, 2011
Industry takes a hit
December 14, 2011

A worthy step
Registration of Sikh marriages
T
he government has done well to amend its stand and agree to the distinct registration of Sikh marriages. Earlier, Union Law Minister Salman Khurshid had said that the proposal to amend would be dropped. That statement had met with much opposition from the Sikh religious and political leaders, as well as the community at large. Representations made by various groups, including discreet ones by the Congress leadership in Punjab, evidently made the government reconsider its stand.

ARTICLE

Anna’s opposition front
It’s no longer an anti-corruption drive
by T.V. Rajeswar
A
nna Hazare and his team have moved far away from what he demonstrated at Jantar Mantar, New Delhi, in April this year.  Then Anna’s slogan was eradication of corruption, and his major demand was a strong Lokpal Bill, which he called the Jan Lokpal Bill.

MIDDLE

The sweet, sad scents of childhood
by Harish Dhillon
I
was driving back from Patiala to Mohali. It was a pleasant day and I had my window rolled down. Suddenly I was overwhelmed by a delicious ,haunting smell. It was a familiar smell but it took me a while to place it — it was the smell of jaggery being made. The smell took me to another place another time: winter vacations from school and the small village of Dingrian, where one of the winter activities was the making of jaggery. We would take turns ladling the white scum off the surface of the boiling cane juice. As a special treat, my father would ask for one lot of jaggery to be made with peanuts and coconut and caraway seeds for the children.

OPED — YOUTH

internet: In the line of (f)Ire
The not-so-modest proposal recently made about censoring the Internet by Union Telecommunications Minister, Kapil Sibal, has literally set the cat among the pigeons. The netizens cannot understand the need or naiveté behind this suggestion, and perhaps don’t need to, writes Nosheen Kapoor
Censorship in any degree or form will always be antagonistic to freedom of expression and a threat to personal liberty. It is also considered a totalitarian tool to repress the so-called ‘dissenting’ voice or a voice that makes too much noise and cannot be stopped from rising a few from slumber. And when it’s about censoring the media or its content, the attack is not only limited to the surface but attempts to break down the very fibre of an institution that is sustained by the act of voicing.





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EDITORIALS

Minorities in Lokpal
Constitutional tenability is vital

The Manmohan Singh government seems to be going around in circles if the way it has dealt with the minorities quota issue in the Lokpal Bill is anything to go by. The draft that it circulated among members of Parliament provided that 50 per cent of the members of the Lokpal at the Centre and Lokayuktas in the states shall be from among the Scheduled Castes, the Scheduled Tribes, the Other Backward Classes and women. The reference to a quota for minorities within this which was there in an earlier draft cleared by the Cabinet was removed ostensibly after BJP leaders represented against it. This deletion in turn invited pressure from RJD chief Lalu Prasad Yadav and Samajwadi Party supremo Mulayam Singh Yadav to restore the quota for the minorities, to which the government gave in. The result was the hasty inclusion of the minorities through a corrigendum in the draft Bill.

One wonders whether in the scramble to get the Lokpal Bill introduced in Parliament before social activist Anna Hazare undertakes his threatened fast which is to be followed by a ‘jail bharo’ agitation, the government has satisfied itself that the Bill, if adopted, will stand judicial scrutiny. On the face of it, reservations in a nine-member anti-corruption watchdog seem an oddity. If these quotas, especially the one for religious minorities, are struck down by the judiciary as some jurists are predicting, the government would be blamed for bringing forth a weak Bill by design and its credibility would take a few knocks. Not only is reservation based on religion a grey area, there is also a question mark over the manner in which federalism has been compromised by the Lokpal Bill dealing with the appointment of Lokayuktas too in states. Even this was an afterthought and was not part of the Standing Committee’s recommendations.

All this is not to deny that the Lokpal Bill as circulated to members of Parliament has some well-thought-out provisions. But neither the Treasury benches nor the Opposition must shy away from discussing it threadbare before it is adopted. Party whips must not come in the way of a free and frank discussion on an issue that is of utmost importance. Corruption has touched alarming heights and needs to be put down with strong legislation.

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US call centre Bill
It is premature to raise the red flag

There have been conflicting reactions in this country to the proposed Bill in the US Congress that seeks to deny federal grants and loans to firms which outsource call-centre jobs outside the United States. While the Bill is said to be ‘nowhere close to becoming a law’ and appears unlikely to be passed, Indian industry body Nasscom (National Association of Software and Services Companies) has been quick to denounce the move and declare that the ‘disappointing’ development will restrict free trade and promote discriminatory trade practices. Alluding to the US lawmakers’ penchant for addressing domestic political constituencies, Nasscom said this week that the Bill would adversely affect not just India but also the Philippines, Canada, Ireland and several Latin American countries like Brazil. Companies dealing in IT-enabled services, however, appear far less worried and point out that most of the US-based companies they deal with are not dependent on federal grants and loans.

The Indian IT industry, however, weathered the global economic downturn in 2008-09 rather well and appears to have the resilience to convert a challenge into an opportunity. The major IT companies have diversified both their products and customer-base and seem to have little to worry about. The acquisition this week by Infosys of an Australian company and the move by TCS to open up a new campus at Nagpur are pointers to this direction. Innovative skills developed by the Indian companies, their adaptability and their ability to deliver high-end products and services seem to guarantee their long-term health. At the same time, there is little to suggest that global demands for legal process outsourcing and IT-enabled services in areas like health care, manufacturing, education, publishing and administration are about to decline.

With customer service and call centre employment in the United States dropping from 5.2 million in 2006 to 4.7 million in 2010, it is not difficult to appreciate the concerns of US lawmakers. And whether the Bill is eventually passed or not, the proposed Bill does seem to reflect a legitimate concern. The Indian IT industry will, therefore, do well to prepare for such eventualities, which may become unavoidable, and even snowball, if the downturn in the US and global economy continues for too long.

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A worthy step
Registration of Sikh marriages

The government has done well to amend its stand and agree to the distinct registration of Sikh marriages. Earlier, Union Law Minister Salman Khurshid had said that the proposal to amend would be dropped. That statement had met with much opposition from the Sikh religious and political leaders, as well as the community at large. Representations made by various groups, including discreet ones by the Congress leadership in Punjab, evidently made the government reconsider its stand.

The Anand Marriage Act 1909 came about because of difficulties faced by the Sikhs whose marriages, performed according to anand karaj rites, were not legally recognised and thus created problems for them in courts. It was introduced in the Imperial Legislative Council by Ripudaman Singh of Nabha, who played a significant role in its adoption. In 2007, Pakistan announced its own Sikh Anand Marriage Act through which it recognises marriages performed through anand karaj. At present, Sikh marriages are registered either under the Hindu Marriage Act or the Special Marriage Act. Such marriages would, after the passage of the Bill, be registered under the Sikh Marriage Act. This has emotional implications for the community.

With Punjab already in the election mode, the Union government’s earlier stand would have provided its detractors with more political fodder. Whatever the reasons for the rethink, be it realpolitik, or a more reasoned response, this is certainly a step in the right direction. The proposal is expected to sail through in Parliament, since it had already been recommended by the Parliamentary Standing Committee on Law and Justice. When it is finally adopted, it will go a long way in helping the community maintain its distinctive identity.

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Thought for the Day

The price of greatness is responsibility. — Winston Churchill

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ARTICLE

Anna’s opposition front
It’s no longer an anti-corruption drive
by T.V. Rajeswar

Anna Hazare and his team have moved far away from what he demonstrated at Jantar Mantar, New Delhi, in April this year.  Then Anna’s slogan was eradication of corruption, and his major demand was a strong Lokpal Bill, which he called the Jan Lokpal Bill.

Subsequent events, including his arrest and brief incarceration in Tihar Jail, were important milestones in Anna’s march towards his goal, which is yet not fully defined.  The next major event was the constitution of a 10-member committee by the UPA government with equal representation to Anna and his team.  While the committee was presided over by Mr Pranab Mukherji, Anna Team included former Law Minister Shanti Bhushan and others.  In his exuberance, Mr Bhushan claimed that the 10-member committee was re-drafting the Constitution.  It was an indication to show which direction the Anna team was thinking of going and how their concept of the Jan Lokpal Bill was shaping. 

When the committee concluded its last sitting on June 21, some of the members of Team Anna told the Press that the government was only biding for time and, in fact, playing hoax in the name of the Lokpal Bill.  However, eventually, the draft Lokpal Bill reached the Standing Committee presided over by Mr Abhishek Manu Singhvi, a Congress MP.  After a series of deliberations, the Lokpal Bill reached Parliament. Now the government has withdrawn the old Bill and introduced the Lokpal and the Lokayukta Bill 2011.

While Parliament is yet to deliberate, Anna Hazare and his team are making much noise that a conspiracy is afoot to mislead the public and that the new Lokpal Bill will not serve the purpose of tackling corruption at all levels.  Anna announced that he would observe a daylong fast on December 11 at Jantar Mantar followed by a prolonged agitation at Ramlila Maidan. Now he has shifted his protest venue to Mumbai because of the weather factor.

This amounted to upstaging Parliament and the national debate as a whole, but that did not deter Anna from going ahead with his Jantar Mantar token fast on December 11.  What was particularly significant was the representation of almost all the opposition parties, including the BJP, the JD-U and the Leftist parties like the CPI and the CPM as well as the Samajwadi Party, the Telugu Desam Party, the Biju Janata Dal (BJD) and the Shiromani Akali Dal(SAD).  This was a new version of the National Democratic Alliance (NDA).

Anna began by calling for an effective and independent Lokpal Bill, which should be passed in the winter session of Parliament.  He said that if necessary, the winter session should be extended or a special session should be called, but the Bill should be got passed at the earliest.  Anna was followed by Mr Arun Jaitly of the BJP, Mr Sharad Yadav of the JD-U and others, who said that they would fight tooth and nail to ensure that a strong Lokpal Bill was adopted. 

Anna urged the opposition leaders to come to the streets and join his movement in case they failed to get a strong Lokpal Bill passed.  He added that if the opposition parties did not have the number in Parliament to defeat the government’s Lokpal Bill, they should join the people in the struggle for a strong, effective and independent institution of Lokpal.

Anna  in his speech also asked opposition politicians to make laws in streets.  He said the Gram Sabha was bigger than Parliament.  Anna team member Arun Kejrival said the Gram Sabha and the Mohalla Sabha were more important where decisions should be made and laws enacted. Mr Kejrival said there should be a law to ensure that before making a decision, MPs should consult the Gram Sabhas and the Mohalla Sabhas and not the party high command. Laws can no longer be made in a closed room or in North Block and South Block, but in the streets and villages of the country. Mr Prashant Bhushan, a senior lawyer of the Supreme Court and an important member of Team Anna, asked whether the Indo-US nuclear deal was cleared by the people.  He wanted to know if the government took the people into confidence before it signed the nuclear deal. It appears that the speakers got carried away by their own oratory and their own logic.  Mr Prashant Bhushan also alleged that democracy was in the hands of the Ambanis and the Reddys; policies were not made for the people but to serve the interests of big companies.

There was only one dissenting and sobering voice when Mr A.B. Burden said that they should leave it to the wisdom of Parliament and they should not insist that the Bill should be finalised outside Parliament.

The emergence of a new opposition front was all but clear.  The very fact that all the opposition leaders came to debate the Lokpal Bill at Jantar Mantar at a time when Parliament was in session was a moment of victory for Anna.

Where is Anna politics heading?  There is no doubt that there are clear signs of Anna and his team spearheading a new opposition conglomeration, which consists of the erstwhile constituents of the NDA as well as the Leftists and the parties like the BJD and the SAD.  The only party targeted is the Congress.  Anna Hazare himself specifically mentioned Mr Rahul Gandhi for allegedly weakening the Lokpal Bill.  While the opposition leaders did not name leaders of the Congress, it was obvious that their target was the UPA government.

The new trend of shifting the venue of the debate to the streets is something which Anna and his team have now invented and assiduously propagated.  Even a senior lawyer like Mr Prashant Bhushan, who ought to know better, spoke in terms of making laws in the streets and villages of India.  This was a form of demagoguery, which is not in the larger interest of the polity.  It is unfortunate that Team Anna’s level of debate is being taken to the street level.  Asking for laws to be made at the level of the Gram Sabha or the street level is nothing but empty oratory.  This only reflects the mindset of the so-called crusaders against corruption.

After all this, one thing is clear: Anna Hazare has emerged as the leader of an amorphous but definitely identifiable opposition group whose target is the UPA headed by the Congress. Can we eliminate corruption in this manner?

The writer is a former Governor of UP and West Bengal.

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MIDDLE

The sweet, sad scents of childhood
by Harish Dhillon

I was driving back from Patiala to Mohali. It was a pleasant day and I had my window rolled down. Suddenly I was overwhelmed by a delicious ,haunting smell. It was a familiar smell but it took me a while to place it — it was the smell of jaggery being made. The smell took me to another place another time: winter vacations from school and the small village of Dingrian, where one of the winter activities was the making of jaggery. We would take turns ladling the white scum off the surface of the boiling cane juice. As a special treat, my father would ask for one lot of jaggery to be made with peanuts and coconut and caraway seeds for the children.

Those were carefree days, basking in the easy, simple life of the village and the attention and love that we took as a matter of course. It is all gone, my father, the land in the village and all those beautiful days and loving people. My heart aches with the longing for what once was and what will never be again.

Stepping further from this, my mind looks for other smells from those glorious days. The summer vacations and my mother sending me to the tandoor at the street corner in Sadar Bazar, Jalandhar, with kneaded dough to have tandoori rotis made. I have never been able to figure out why this was done only in summer and never in winter. Then there was the wonderful, hunger-inducing smell of the rotis, as they roasted in the tandoor. And for me, perhaps because the lady who ran the tandoor was one of my mother’s patients, there was always the bonus, a handful of freshly roasted corn which had its own appetising smell.

The smell of homemade glue which we used to repair our kites when they were damaged, bringing with it all the exhilaration of flying the kites and getting into battle with our rivals’ kites; the excitement of planning strategies for future battles and conducting post mortems on the ones that had just taken place; the joy of success and the despair of failure. And all in that one smell of home-made glue.

The smell of the first rain on dry ground, which was the signal to strip down to our underwear, and run out to dance in the rain, that spontaneous action celebrating the joy of all that the coming of the monsoon represents — a rebirth, a rejuvenation of life, the hope of fulfilment

My heart aches at the memory of all these smells and the way of life that they stood for. It aches with the knowledge that my children and my children’s children have never seen jaggery being made, have never waited besides a wayside tandoor, have never flown a kite and have never danced in the rain. My heart mourns the passing away of a way of life which was at once simple, pure and naïve.

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OPED — YOUTH

internet: In the line of (f)Ire
The not-so-modest proposal recently made about censoring the Internet by Union Telecommunications Minister, Kapil Sibal, has literally set the cat among the pigeons. The netizens cannot understand the need or naiveté behind this suggestion, and perhaps don’t need to, writes Nosheen Kapoor

Censorship in any degree or form will always be antagonistic to freedom of expression and a threat to personal liberty. It is also considered a totalitarian tool to repress the so-called ‘dissenting’ voice or a voice that makes too much noise and cannot be stopped from rising a few from slumber. And when it’s about censoring the media or its content, the attack is not only limited to the surface but attempts to break down the very fibre of an institution that is sustained by the act of voicing.

So when Mr Kapil Sibal expressed his indignation over some user-generated content on Internet giants such as Google, Facebook and Youtube and suggested screening of content before it found a place on people’s screens, it was time to unleash some ire (on the Internet or elsewhere). Kapil Sibal who is now vehemently denying his proposal of pre-screening or pre-publication moderation of user-generated offensive and objectionable content and is quoting misrepresentation of his concerns in the New York Times article that sparked off the fireworks.  

Calling on representatives from Facebook, Google, Yahoo, Microsoft, the minister asked them to be more proactive in evaluating content before it is shared online. Peeved over the indignant and satirical portrayal of Congress President, Sonia Gandhi on Facebook, Sibal is reported to have demanded removal and better regulation of content before it is uploaded. Unreasonable as it may sound, but the demand was made and perhaps too strongly before it was met with a discouraging yet logical rationale by the companies’ executives. Obviously, no one is the deciding authority on what is acceptable and what is defamatory?  

A dialogue from the movie, The Great Debators goes, “My opponent is the voice of dissent and I speak for the truth” and quite describes the situation Sibal is finding himself in. You can protect the image of your allies only to an extent but if there’s going to be fire, the smoke will spread far and wide.

India comes after United States and Brazil for requesting the removal of certain content which the government terms incendiary or defamatory. As per Google’s Transparency Report for India, our country had forwarded about 68 requests for removing about 358 items of content. These included hate speeches, threat to national security and a major chunk were listed under the ‘government criticising’ tab.  

We all know how disheartening it is to be not ‘likeable’ enough on the social media but we all have to live with it, don’t we? And when there are cyber laws, available legal assistance in case of defamation then do we really need to resort to undemocratice measures of prescreening and Big-brotherly tactics? The IT Amendment Act of December 2008 made Cyber Law more effective and comprehensively made it more panoptic vis-a-vis the variety of crime committed in cyber space.  

And it’s not only the harmless Facebook-using or gmail-accessing user who has been asked to come under the radar, there have been much stricter practices being employed in China and United States to curb what is perceived by respective governments as excessively “liberal” or intellectually threatening.  

A lot of times authoritative governments cite reasons such as pornography, terrorism, communal vulnerability to tighten the claw on the content but when most of the web companies are already implementing a certain degree of check on the content and giving users the power to “report abuse” or mark as “offensive” whatever is suitable and also offering filters to exclude particular results in their searches then intervention by government is uncalled for and instead reflective of baser objectives. Also, if there are individuals ‘brazen’ enough to lampoon/ satirise or denigrate those in power, then there are others who are sane enough to sift the grain from the chaff and discard the latter as fluff. Netizens are not averse to either self-policing and many are conscious of what to follow or share so as not to tarnish their online persona.

Nonetheless, the policing continues! Whether it was the print media that came under the scanner during the Emergency, the more recent closing down of Google in China or the Indian government’s attempt to sabotage Research in Motion’s Blackberry services, hegemonic control seems to be the way out when an unusual confidence is seen brimming on the horizon.  There’s a need to regularise content on websites but not control or pre-screen it. Instead of the government intervening, the let the web giants be independent in deciding the measures or the legal bodies in conjecturing on the derogatory nature of content on the Internet. Coming of age, Internet has proved itself to be more of a sceptre of empowerment than a red flag of danger. There are countries which have obtained independence, people who have realised their revolutions and thoughts that have been acted out, all because the Internet and the social media gave them a platform to actualise their democratic rights application of which has rarely been beyond speeches and intellectual write-ups. 

Let’s also not forget how the direst of constraints create the most overpowering of human curiosity.  So may be #liberty & #freedom of expression should be left as such.

The writer is head copywriting division of CueBlock Technologies, a software firm.


Youngspeak: FreeDOM Matters & HOW

If the laws are put in place, bloggers may think twice before publishing something; so there could be a chance of them being more guarded. That would defeat the purpose of blogging since it’s all about sharing views candidly. At IndiBlogger, bloggers need to go through a manual moderation process that is managed by the team; where we check blogs for plagiarism, illegal and pornographic content and so on. If the blogs do not qualify for these, they are flagged off. Where issues like these have come up, the blogging community has collectively taken it up.

IndiBlogger, Networking platform on censorship and content issues.

The Internet is a global network, and therefore the laws that govern other criminal acts are ineffective for this medium. Germany has legalised pornography, therefore, pornographic content uplinked in Germany and downloaded here would technically attract penalty in India, as pornography is an offence here. But the rule of criminal law is that the country in which a criminal act is committed would have the jurisdiction to try the offence. Since the act is not a crime in Germany, how would you penalise the offender? In a story I did on internet supervision for the Free Press Journal, Mumbai, I found that most content on the Internet goes unrestricted, because the police have neither the inclination nor the man-power and technological know-how to check everything on the vast internet network.

Uttara Ramaswamy, Law graduate and journalism student

If any X-rated content is being censored, there should be no problem. If anything written against the government or any personal opinions are to be censored, it will conflict with the freedom of speech of an individual. Social media is the only place where we can discuss our concerns and if this is taken away, then instead of progressing we should get ready for an isolated future.

Rahul Ghai, Business Intelligence Consultant

People should have liberty and power to express themselves on their private spaces on the Internet and pre-screening will only be a violation of such freedom.

Aseem Shah, PPC Manager at an IT company

Censoring the internet is a cowardly behavior on the part of the government as they are trying to curb the freedom of expression of the youth of the country. The internet is a boon to develop social consciousness and mass mobilisation.

Richa Bhardwaj, Delhi-based social worker

The rise of social networking is due to an increase in biased media reports, paid news etc. In a democracy, people need to have the freedom of expression, especially when our elected ones are becoming more dutiful to their affiliated parties than our concerns.

Gaurav Sharma, political thinker

The law curbing cyber abuse

The parent legalisation regulating and monitoring the use of computers and computers system, The Information Technology Act, 2000 was amended in December 2008 to give birth to a more effective and panoptic law: Indian Cyber Legalisation which became a recognised law on February 5, 2009. The Amended IT law punishes anyone for publishing or transmitting obscene/ sexually explicit/ child pornography/ incendiary material in electronic form. There law also authorises cyber security institutions to monitor and collect traffic data or information through any computer resource for cyber security that threatens to have volatile consequences for an individual or the nation.

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