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A futile exercise
Regulating surrogacy |
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Street stripping
Pension for the elderly
Young centurion
Art mart shows no signs of gloom
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Regulating surrogacy Surrogacy
is a social reality as couples who cannot have their own children seek women who become pregnant through assisted reproductive technology. The genetic parents and the potential surrogate mother enter into an agreement and the child is delivered with the intention of handing him or her over to the genetic parents. With infertility treatment improving in India and the increasing demand for surrogate mothers, there is an urgent need for a proper law to regulate the Rs 25,000-crore sector. The draft law the government has finalised allows only 21-year-olds to 35-year-olds to be surrogate mothers and rightly says that no woman would act as a surrogate for more than five successful live births in her life, including those of her own children. There is also a provision for legal protection to parents, surrogate mothers and children. A proper framework for legally enforceable agreements will go a long way in sorting out the kind of disputes that sometimes arise between surrogate mothers and genetic parents. Surrogacy has international dimensions since many foreign couples seek surrogate mothers in India, and the new draft law rightly stops foreigners who hail from nations that don’t recognise commercial surrogacy from hiring surrogate mothers in India. The provision of guaranteeing Indian citizenship to the child in case the foreign couple does not claim custody of the child is also a good step, since it protects the rights of such children and is in consonance with the judgments delivered on this issue. In an increasingly globalised India, the law needs to keep pace with the changes in society. It is indeed heartening to see that proper steps are being taken to draft a bill that will provide a legal framework for commercial surrogacy, which is becoming popular, primarily because of the relatively low cost. Surrogacy is here to stay, and we in India need to ensure that Indian women are not victimised as they fulfil the needs of childless couples.
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Street stripping A
class XI girl was stripped by a mob on a busy road in Guwahati at 9.30 pm the other day. People went around their usual business while this barbaric act was enacted in the capital of Assam. The police came to the spot after the girl had faced this indescribable humiliation for 40 minutes. And about 30 men who stripped the girl posed for the camera, as if what they had done was an act of heroism. The video-recording of the incident by a local TV reporter reminds one of the 1988 film “The Accused”. Based on the real-life struggle of Cheryl Araujo (played as Sarah Tobias by Judi Foster) for justice, who was gang-raped in a bar in New Bedford, Massachusetts, USA, while the drunken onlookers cheered the rapists. The film brings to life the repercussions of charging rape victims as promiscuous by the legal system, which further emboldens the rapists. In an uncanny resemblance with “The Accused”, the police — its personnel were barely a kilometre away from the scene of molestation — has declared that “It's not like they (the molesters) were predators waiting to pounce on any woman that came in. They tried to separate the boy and the girl who were fighting but later it went out of control." The state police chief also explained the reason behind high rate of crimes against women in Assam and Kerala because women were “aggressive” and “more educated” in the two states. Apart from the role of the police, or the lack of it, we need to question the role of our civil society: how could people walk past seeing a 17-year-old girl being stripped on the road? What has happened to inculcation of good values at home and in schools? In India today, if 50 per cent of its population does not feel safe its growth story will face a tragic end. Therefore, efforts need to be made to ensure the safety of women on a war footing.
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There is no instinct like that of the heart. — Lord Byron
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Pension for the elderly
It
is a truism, though painful, that the Central government’s priorities in fiscal matters are determined by the perceived sensitivities of the foreign and Indian corporate sector and the richer class rather than the urgent and humanitarian considerations for the poor and old citizens of India. How I wish that instead the government was to show urgent attention to the plight of about 10 crore elderly people (8 per cent of the Indian population, with 1/6th of them living without any family support). No doubt, under the Central government’s pension scheme, persons above the age of 60 get a pension of Rs 200 and those above 80 years Rs 500 per month, but this is applicable to those below the poverty line. The uncertainly is increased by the ever-fluctuating determination by the government of what should be the poverty level; pensions vary in different states — Delhi paying a maximum of Rs 1000 per month while others like Andhra Pradesh, Bihar, etc, only Rs 200 per month. Of the total elderly population, only 1.97 crore are beneficiaries of IGNOAPS, which means that only about one in every five persons over 60 years receives old-age pension. Employment-linked pensions are restricted to the elderly in the organised sector or to those who are among the rich and upper middle class categories. But the groups that are most in need of old age pension are largely in the unorganised sector. Between the year 2000 and 2010, the organised sector added less than 0.3 per cent workers annually to the workforce while the GDP of the country more than doubled with an annual rate of more than 7.55 per cent. It is clear that much of the contribution to this growth came from the workers in the unorganised sector. But unlike the organised sector, workers in the unorganised sector do arduous manual labour often in the most difficult physical circumstances and without adequate nutrition and rest. Forcing them then to work beyond the age of 55, in order to survive, amounts to a form of punishment. The demand for old age pension is thus not a demand for charity but a demand for recognition of their contribution to the economy, and the need-based constitutional principles which are to be applied. As Chief Justice of India S. H. Kapadia has expounded in Human Rights Year-Book 2011. “What is the need-based approach? Supposing there is no statute but the right to life is involved, is it open to the defence to say tight resource, financial crunch? The answer is ‘no’ because the right to life is there in Article 21 of the Constitution and the defence cannot toll the bell of tight resource. Take the case of food security. Two out of five people are below poverty line, and if pension is to be paid to them, the government cannot say I have no money. Now this is what I mean by revisiting welfare rights. And that is where if enforceability is there the rule of law will prevail.” (emphasis supplied) The insensitive and negative approach of various state governments and the Central government to the plight of five crore people in the unorganised sector in the construction industry would show the government’s anti-poor face, especially in the way they have dealt with the report of the Justice V. R. Krishna Iyer Committee given decades back. One of the key recommendation and which on paper has even been accepted by the Government of India but it has persistently refused to enforce in the manner in which the scheme of contribution by the employer along with a contribution by employee is to operate. Now as construction industry worker is a migrant and has necessarily to be on the move for finding employment, it was accepted by the government that the contribution of the employer and the employee will be deposited in a computerised bank account with a specific identity number for each individual workman. This was so decided because construction labour being migratory, with the result that if a new account was to be opened every time with separate employers, his past accumulation was in danger of becoming irrecoverable. So, the way suggested was that each employer will deposit his contribution in a fixed numbered identity account given to the employee, and which will be honoured by all banks anywhere in the country. But this not having been done, the result is that at least Rs 5000 crore of the Employees Provident Fund is lying in banks but has not been disbursed to the workers because the government has not yet allotted them their identity account numbers. The result is that lakhs of workers are continuing to be near starvation line. Another callous indifference of the government is shown by the fact that though all government contracts provide for the contractor to make temporary but proper accommodation for the construction labour at the site, it is common knowledge that contractors mixed up with dishonest inspectors do nothing of the kind — forcing female workers to use open toilets and leaving children to the vagaries of weather with no shelters built. A simple solution is for the government itself to provide these facilities and adjust funds at present being given to the contractors. In spite of protests by workers, nothing has moved — probably, the contractor-inspection nexus is all powerful. The Central government has unapologetically announced many concessions for the corporate sector and the rich with the shameful claim that prosperity so generated will move down and improve the condition of the poor. This is a false claim as given in a warning by Noble Laureate Joseph Stiglitz — “The theory of trickle-down economics is a lie”. According to the ILO’s 2010-11 World Social Security Report, the ILO’s new recommendation on social protection sets nationally defined guarantees aimed at universal access to minimum income security, especially during old age, and that such guarantees are a human right and an ethical imperative of governments. How can the Central government remain silent? Governments cannot negate the claim for pensions for the old by pleading that development has to take precedence over poverty reduction. This is a specious argument that shows that poverty is a long-term problem and that current deficits represent a short-term emergency, that poverty can wait but deficits cannot. This is muddle-headed thinking. To reduce and eliminate massive absolute poverty lies at the very core of development itself. It is critical to the survival of any democratic and decent society. The writer is a former Chief Justice of the Delhi High
Court.
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Young centurion Share
the secret of your
longevity, sir!" demanded the good-natured, veteran audience,
themselves averaging 70 years. "Jee raha hoon is umeed mein ki
zindagi ko abhi meri zooroorat hai" (I live in the hope that
life still needs me). The Sector 10 museum audience reverberated with
appreciation for the witty repartee. Uncle KD (Kesho Dass Dhawan), the
alert, erudite, former lawyer who had honed his communication skills
while preparing briefs for lawyers practising in the Supreme Court was
batting with élan at 100, at a recent, superbly managed Chandigarh
Senior Citizens Association function held in his honour. Another
centurion, Mr Harnam Bevli, was also present. Rawalpindi, where KD
(born 1912) grew up, was a staid cantonment town; peopled by the British
and Indian educated elite in the genteel environs of the Cantt and the
adjoining, spiffy Civil Lines. The ‘other’ Indians lived in the
swadeshi ‘downtown’ areas. Here, ‘Pindi’ was socially stratified
into separate mohallas; for instance, for the Sahnis, Sethis and other
Khatri/Khukren clans. KD lived in Mohalla Qutb-ud-Din and legendary
actor Balraj Sahni, his bosom-pal through FA, in Mohalla Chachhi. Both
were disarmingly handsome and from staunch Arya Samajist families --- KD’s
father being a revenue official and Balraj’s a prosperous business
man. KD and Balraj showed early passion for theatre and cinema, with
English literature being another obsession. Taught by a stunningly
handsome professor, Jaswant Rai, an erudite member of the Sahni family,
KD considers him "the finest teacher I’ve ever encountered".
While studying for his BA at DAV College, KD drew rave reviews for his
sensitive portrayal of the lead actor, David Roberts, in
"Strife"; a riveting John Galsworthy play on class conflict.
Balraj had by then migrated to Lahore, a path that led him to teach at
Shanti Niketan and later join the BBC before "Do Bigha Zameen"
(1953) made him iconic. KD joined the Military Engineering Services (MES),
where he worked for a choleric British Colonel, a work-place terror,
exacting boss with whom KD, due to his charm and skills, coped
admirably. KD retired in 1970; completed his Law degree by 1972 and
thereafter prepared pithy briefs for Supreme Court lawyers till 2000.
Today, continuing his life-time habit, "no-spectacles" KD
devours The Tribune end-to-end, signs documents/cheques, retains his
razor-sharp recall and does exquisite shair-o-shairi in Persian/Urdu
when mood or occasion demands. In my tribute, I recalled the stormy
December midnight in 1953, when mother and we children learnt of father’s
sudden death through a mackintosh-clad duty officer. Uncle KD’s
generous, unconditional adoption of his sister and her brood of six is
what gave the family four Army officers, including an Army Commander, a
leading dentist and a corporate success. Nostalgically, I unravelled his
erudition and his personal investment in us — how he was dismissive of
rancour; instead, had kind words; quiet humour for the vicissitudes of
life. Requested to share his "Gayatri Mantra" after being
feted, KD was succinct: "Experience everything in life, but with
moderation". Balraj Sahni, the cinema icon who died young,
enigmatically wrote in his autobiography, "I consider friendship
very precious…That is why I always try to stay aloof from my
friends". Uncle KD, however, stated otherwise, "Be nice to
yourself and to people…don’t be judgmental or bitter…stay young...
Jism boorha ho gaya mera par dil abh bhi jawaan hai" (My
body is old but my mind is still young) was this young centurion’s
parting advise to his riveted and appreciative cross-gender listeners.
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Art mart shows no signs of gloom
The currency of art does not seem to lose value even in global recession. Attracting mega-rich collectors, who paid mind -boggling amounts to acquire works of art, Art Basel- 2012 brought cheers to the climate of economic pessimism Basel
is a modest city on the banks of Rhine in Switzerland, sharing her borders with France and Germany. But what makes Basel special is that, the largest art fair in the world, Art Basel, is held there every year for the past 43 years. Founded in 1970 by local gallerists, it was started as an alternative to ‘Art Cologne.’ Within three years it super-ceded Cologne, attracting over 60,000 visitors and came to be known as 'The Olympics of the art world!' "A visit to Art Basel remains a highpoint on so many peoples' cultural calendar," say Annette Schonholzer and Marc Spiegler, Co-directors of the fair. The cost of living in Basel is so forbidding during the fair that art lovers like me had to find a hotel in Germany (just across the border). Many Swiss, I was told, do their shopping in Germany. It was just a coincidence that Neha Kirpal of India Art Fair too discovered the same hotel on the German side, where I was putting up to save on euros.
Why Basel? The 2012 edition of Art Basel 43 (14th to 17th June) showcased over 300 galleries from 36 countries featuring 2,500 artists and over 5,000 artworks. If you spent about 10 hours at the fair, it would mean you had to digest about 10 artworks every minute! No wonder buyers from all continents were vying to acquire works of their favourite artists. And, what a gamut of choice! USA had the largest presence with 73 galleries, while Portugal and Romania had just one each. 62 German and 36 British galleries participated. China had 10 galleries, while Gallery Chemold and Nature Morte represented India. So, how much does it cost to get into the Olympics of art? Getting an entry is not only expensive, its tough too. Out of over 1,000 applications only 300 were selected by the Committee. A gallerist disclosed that if you take a decent 80 m2 space, you have to shell out about $1,00,000 (Rs 55 Lakh) on rent, insurance, travel, hotels, etc. and you can't make a penny unless you sell works worth a minimum of $2,00,000. So, what brings people to this fair year after year in spite of tough competition from other fairs? (Now there are an overwhelming 190 art fairs held annually worldwide). Basel has maintained high quality of art. Ranging from early 20th century classics to the most current trends, the artworks at the Art Basel trace the trajectory of contemporary art history. Rothkos, Picassos and Klees share the stage with Damien Hirsts and Anish Kapoors. There are films, videos and performances of varying colours and hues giving the viewer more or less an exhaustive (and exhausting) journey of the contemporary art practices in the world.
Contemporary art practices One of the star attractions of the fair was a large orange Rothko from 1958, shown at Marlborough Gallery and priced at a mind-boggling 78 million dollars (Price of a decent private jet)! A Rothko, I am told was sold at a recent Sotheby auction for $ 89 million. At the booth of New York's Sean Kelly Gallery, a naked man and a woman stood passively at a narrow entrance. You had to squeeze past them to enter the space. This was re-enactment of a Marina Abramovic video of 1974, titled 'Imponderabilia'. At that time the artist herself had posed naked along with her then partner. A limited edition copies of the original video were available on sale.
Sperone Westwater showed the haunting self- portrait created by Evan Penny using silicone, pigment and hair. Just next to that you encountered a bronze sculpture of a monk on a spin. It was titled 'The Revolutionary Monk'! A giant fiberglass sculpture of a squatting man holding his head in his palms was mounted on the wall. The overhanging distressed man was perhaps a silent reminder of depressive moods lingering over outwardly 'prosperous' Europe! It was fascinating to see 267 'Hair drawings' created by Karin Sanders, a German artist based in Berlin. Karin had pasted human hair on paper using invisible glue, creating very sensuous drawings. At some places, an unstuck hair lifted itself from the surface of the paper casting an interesting shadow. Art of rebellion Another work which impressed me was 'The vitrified petrol station' created out of resins. This was a commentary on our depleting oil reserves. A video on twelve television screens captured moments in the life of celebrated Chinese artist Ai Weiwei. Weiwei, a celebrated sculptor and installation artist, has used several mediums to voice his political dissent against Chinese Government's stance on democracy and human rights. He investigated death of hundreds of school children in Sichuan due to collapse of a school building in 2008 earthquake. He proved that the building collapsed due to low standards of construction as a result of bribery. Weiwei had to suffer months of imprisonment without charges being filed and now is a national hero for his constant defiance and refusal to bow down before the authorities. 'Sorry we're closed' (this is the name of a gallery) from Bruxelles, presented expressionist works by Bernard Buffet. Bernard was diagnosed with Parkinson's disease in 1999. A compulsive artist, he could not stand the prospects of spending years of suffering without painting. He locked himself in his studio for six months and painted 24 canvases on the theme of death. The works are baroque, expressionist and painted with a sense of urgency. At the end of his painting session, Bernard put a plastic bag over his head and killed himself by asphyxiation! Situ Gallery from Paris (which also represents Subodh Gupta) brought works of Meschac Gaba, an African artist. The artist has woven very colourful headgears which have shapes like a cross, a traffic light, a bicycle, a telephone etc. and are named Henri Dunant, Garnett Morgan, Mahatma Gandhi
and Albert Einstein. By crossing identity and racial boundaries, Gaba pays his homage to all those who worked for the good of humanity, no matter where they came from. The headgears have connections with African rituals. A group of very sensuous female nude photographs were mounted on a wall covered with artificial white fur. Amongst others, it included some extraordinary works of Man Ray. Alexander Cadler had a large presence at the fair with his mobiles, but what attracted me the most was a small sculpture of a cow created with metal wire.
Experimental materials and art I could not help noticing that new materials hold a lot of fascination for new- generation artists. During my many visits to art fairs round the world I have seen every possible material used in the creation of art. Sometimes it makes me wonder whether it is the medium or the content that drives an artist. I have seen artists use elephant dung, matchsticks, matchboxes, pins, nails, paperclips, foils, thermacol… even used menstruation pads! At Basel I noticed one work created by sticking thorns on canvas! White Cube Gallery had presented two works of Damien Hirst, who is supposed to be the world's richest artist today. His large butterfly created with thousands of dead butterflies was 'strikingly beautiful but subtly unsetting', as art critic Jennifer Hattam observed. He was also showing a large 'stainless steel and glass' case full of surgical instruments. Another Gallery showed Hirst's head of a dissected cow preserved in formaldehyde. Alongside the main exhibition was Art Unlimited, a museum quality show featuring large works by sixty artists, curated by Gianni Jetzer. Franz West's giant 'Gekrose' a mountainous sculpture created with aluminum tubes painted in pink that appeared like a coil of intestine of King Kong! Another video installation, 'Fish and Chips' was shot underwater by Japanese artist Shimabuker. The video showed a potato floating in water, while fish swam by it. And, there was our own Jitish Kallat showing photographic collage of 22,000 moons created with chapaties. A progressively larger 'bite' was taken out of each chapati to represent different phases of moon from 1938 to 1998 (his father's life span). Shireen Gandhy of Chemold who presented the work claimed that two art foundations from Belgium and Greece had shown keen interest in the work which was priced at $2,00,000. There was Nature Morte showing a huge marble bucket (with hinges, handle etc.) by Subodh Gupta carved out of a single marble block. The Gallery also presented some porcelain work by Thukral and Tagra. India was also represented by some impressive works by Shilpa Gupta, Mithu Sen and Bharti Kher.
And did the galleries sell? As Wall Street Journal put it, "In the packed corridors of Art Basel, the economic gloom of the outside world seemed far removed." Hauser and Wirth Gallery sold a 1978 painting by Philip Guston for $ 6 million. Paul McCarthy's wooden sculpture fetched $1.8 million. Pace Gallery sold an abstract by Ritcher, 'AB Courbet' for $ 25 million. Chemold from Mumbai was participating for the third time this year and Shireen Gandhy said, he would like to continue doing it. "In spite of high investments, the returns are good," said Shireen. "And your artist's work is exposed to international curators and directors of all major museums," he added. As I was leaving the venue I could not help noticing a help booth with a sign 'Art Theft
Help'!
The writer is a well-known installation artist based in Goa
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