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What a
waste! Below-average
policy |
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Too fat
to move
Commotion
on motion
Of
saviours and spectators
A story
spectacularly told This
Twilight zone beckons
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Below-average policy
Seven
years in the making, the new National Pharmaceutical Pricing Policy that the Union Cabinet has finally approved — prodded by the November 27 deadline set by the Supreme Court — has come as a damp squib. Ignoring the apex court’s suggestion to fix the maximum price for drugs on the basis of production cost, the government has decided to take the average of the current market prices of various brands as the cap. Which means there will only be a marginal drop in prices; in fact, for certain brands there might even be an increase. The pharmaceutical industry has heaved a sigh of relief, as a cost-based policy would have dented its margins majorly. The industry is known to operate at staggering margins, with sale prices touching up to 70 times the cost. The reasons cited by producers of branded medicines are that they ensure quality and need money for research and development (R&D). Both the points are valid, but new drugs are patented when they come out, and are not covered under the price control mechanism during that period, which is sufficient to recover the R&D costs. As for quality, there has to be a limit to the premium on that. Prescribing and buying generic drugs — sold under the salt name, without any brand — is the answer. These come at prices far closer to the cost. However, the question of quality control remains, as 25-45 per cent generic drugs produced in India are spurious. As the quality check infrastructure of the Central as well as state governments is woefully inadequate, there is practically no way to ensure it at the production stage. But at the sale stage, the government has already introduced the innovative concept of ‘Jan Aushadhi’ stores, which sell quality-assured generic drugs at anything from one-fifth to one-tenth the average market price of branded drugs. This is one public service — involving no subsidy — that the government should go for at a massive scale. At present it is little more than a concept. Make medicines affordable to the poorest, for no blessing can be more sincere than the one coming from a man saved from death. |
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Too fat to move
Even
a casual observation reveals that too many children are getting obese, especially those of school-going age. A survey has also confirmed this fact, and rightly pointed out that there is an obesity epidemic in schools in India. The fact that at least half the number of Indian children, who were surveyed, were too obese for sports is shocking, because it is sports in school that lays the foundation of a healthy adulthood. This is the age when individuals are most active, and thus children who remain inactive during this period risk suffering from various ailments as they grow up. Punjab, Delhi and the NCR, Rajasthan, Uttar Pradesh and Haryana all have more number of obese children than other states. Not only that, these kids also fare poorly in various fitness parameters like flexibility, abdominal strength, explosive power in the upper body and even lower body strength. This is shameful, and it is significant that fitness levels vary between children living in metropolitan cities and those who don’t, with the latter being healthier. The survey confirms the oft-cited culprits, sedentary lifestyle, TV, the internet and growing popularity of video games. The problem is there for everyone to see, and the solution is simple — exercise and a nutritious diet. Schools need to lay more stress on compulsory sports and to ensure that every student is encouraged to participate in sports. Engaging in sports is more a matter of will to play outdoors than having access to specialised equipment or courts. Once a child is physically fit, he or she will find a suitable sport to play. It is particularly shocking that even states known for a relatively high level of physical fitness have done poorly in the survey. Parents and educators need to work together to ensure that schoolchildren get proper exercise and are given wholesome foods. Many schools have banned canteens from serving carbonated drinks and packaged foods that contain saturated fats. Other institutions should follow their lead. Parents too need to discourage children from consuming such products and give them nutritious food in their tiffins. A concerted effort by teachers, parents and children can show positive results in a short while, and this can provide further encouragement to children to follow the path of physical fitness. |
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The aim of education is the knowledge not of facts but of values. — William Ralph Inge |
Commotion on motion
A
parliamentary
motion under Rule 184 of the Rules of Procedure of the Lok Sabha has suddenly attracted the national attention. There is a lot of hullabaloo in political circles about the impact of this motion. Legal and constitutional Pundits as well as non-Pundits are rushing in with ‘authentic’ opinions on the various parliamentary procedures and constitutional provisions. The result is all-round confusion. A motion in the parliamentary context is not a term of mechanics, or physiology, but is a formal proposal placed before the House for its decision. So, a decision of the House is taken on a motion moved by a member of the House. Discussions on a variety of subjects take place in the two Houses of Parliament under different rules. Under some rules discussions taken place, but the opinion of the House on those matters is not taken. Such rules do not provide for a motion. Rule 193 for example, is a rule which does provide for a discussion on a matter of urgent public importance but does not provide for a motion. Under this rule a debate takes place at the end of which the Minister concerned replies. With the reply of the Minister the debate is concluded. On the other hand, a debate under Rule 184 can be held under a substantive motion, meaning thereby a motion capable of ascertaining the opinions or decisions of the House. It is this motion which is creating terror all around at present. There is considerable amount of confusion about the scope and effectiveness of this motion, its admissibility, the Government’s role in its admission etc. As is known to everyone who knows something about parliamentary procedures all decisions relating to the procedures are taken by the Speaker and nobody else. The Speaker, while taking a decision, is entirely governed by the rules of the House which are framed by the House in accordance with the Article 118 of the Constitution. While applying a particular rule to a notice, the Speaker can look into the past precedents, past decisions of the Speakers for taking a proper and correct decision. The point to note is that the decision of the Speaker is absolutely his/her own and no other agency can have any role in it. In the case of a notice of motion under Rule 184, Rule 187 says, “the Speaker shall decide whether a motion or part there of is or is not admissible under these rules….” Once the Speaker decides the admissibility of the motion the next stage is to find time for discussion. This is usually done on the recommendation of the Business Advisory Committee of the House which consists of members of various political parties and the Minister(s) for Parliamentary Affairs. Now that the battlelines are drawn on the issue of debate on FDI policy under Rule 184 it would be instructive to examine the scope and effect as well as the admissibility of the notices of motion given by the principal political parties in the opposition. Of course, the admissibility of the motion has to be decided by the Speaker. That is her prerogative. Here the attempt is only to highlight certain important constitutional aspects germane to the issue of disapproval of the FDI policy sought to be done through the motion under Rule 184. Article 73 of the Constitution defines the extent of the executive power of the Union. It says: “subject to the provisions of the Constitution, the executive power of the Union shall extend to the matters with respect to which Parliament has power to make laws.” The powers conferred by this Article on the Union Government are fairly exhaustive. These powers are necessary for the Government to perform the task of governance. In exercise of these powers the Government takes various executive actions and frames policies which have the force of law and, therefore, are capable of being enforced. The policy on FDI has been framed by the Union Government in exercise of its executive power defined in Article 73 of the Constitution. The most crucial question that arises in the context of the present commotion on motion under Rule 184 is whether such a motion which seeks to disapprove the FDI policy is constitutionally sustainable. In other words, can an executive policy framed in exercise of the executive power sanctioned under Article 73 of the Constitution be disapproved through a motion which is not statutory in character ? The Constitution provides for ‘statutory resolutions’ to seek the approval of Parliament on certain matters. In essence there is no difference between motion and resolution as every resolution is a motion. Article 123 gives the right to the Houses to disapprove the ordinance through a resolution. Similarly, Article 356 gives the House the right to approve or disapprove the Presidential proclamation through a resolution. Further, Article 352 gives the right to the Houses to approve or disapprove the emergency proclamation. There are many other Articles which confer the right on the Houses to approve or disapprove the action of the executive through resolutions. There are various laws which empower the Houses to approve or disapprove the actions taken by the Government. These are all statutory resolutions which have the force of law and, therefore, are binding on the Government. Coming back to the question of the power of a motion under Rule 184 to disapprove an executive policy framed by the Government having the force of law, in this writer’s view such a motion is not constitutionally sustainable. Let us take the example of an ordinance. An ordinance is a law made by the Executive. It is disapproved or approved by Parliament not through a non-statutory motion under Rule 184, but a statutory resolution provided for by the Constitution. In the same way an executive policy which has the force of law under Article 73 of the Constitution, cannot be disapproved through a non-statutory motion under Rule 184. It would appear, therefore, that the motion disapproving the FDI policy may not be admissible from a constitutional point of view. Non-statutory resolutions/motions adopted by the Houses of Parliament are not mandatory. These are the views and recommendations of the Houses and, strictly speaking, are not binding on the Government. Kaul and Shkdhar, (6th Edition, P.693), the renowned Parliamentary treatise has this to say on this point: “ the resolution cannot have more than recommendatory value. The House does not and cannot govern or administer and its resolutions cannot in any way bind the Government to any policy or course of action.” However, it must be stated here that Parliament is a superior constitutional body and has superior powers. It can vote out the Government through a no-confidence motion. Incidentally, it may be said that a no- confidence motion is basically a motion under Rule 184 but the difference between it and other motions under 184 is that the former flows out of Article 75 of the Constitution. Parliament passes the Budget without which the Government cannot function. The Executive cannot spend a pie without the sanction of Parliament. Parliament has systems in place to ensure the executive accountability. But all these powers are exercised in accordance with the Constitution. In the present context it must be said that the constitutional infirmity of a non-statutory motion seeking to disapprove an executive policy having the force of law is a matter which needs to be seriously looked into by the parliamentarians so that effective mechanisms and procedures are devised to uphold the powers of
Parliament.
The writer is a former Secretary General of the Lok Sabha.
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Of saviours and spectators It
was a rainy weather in Mumbai that day and our car was speeding towards Alibaug, a beach town near Mumbai. I was scheduled to stay in Mumbai but decided to travel to Alibaug in order to save time the following day. Late evening after dinner we departed for our destination. Suddenly our car banged into a truck on a flyover and got smashed badly, I fell out of the car, though I was on the rear seat. I could imagine that this happened because the truck was laden with iron rods and instead of gearing forward, it came back and the driver of our car misjudged it as the truck did not have back lights functioning. And hence the accident occurred. I checked up with the car driver and he was fine. After about a minute, I realised that my left arm had been mutilated badly, my face scratched all through and a few front teeth broken. I was also bleeding profusely and a crowd gathered without even volunteering to help me. As bleeding was very high my request was not heed to by anyone, I thought it was going to be all over. Suddenly, a big car applied brakes and two young boys, heavily drunken, came out and after enquiring about the incident, told me: “Bhaiya, we cannot take you to hospital as everyone there will feel that we have caused this, but do not worry, we will try our best”. They stopped a mobike, driven by another set of young boys and made me sit in-between them and I was told that we were going to hospital and the two boys in the car would follow us .I did not know what happened afterwards. In the early morning I regained sense, not before three bottles of blood were administered and a surgery was done on the arm and the face and about seven to eight teeth were missing. Surprisingly, my friend was sitting beside me(whose contact no I must have given to the two guys before fainting as he was the person residing nearest to the accident spot). He narrated me how the two boys , angels for me, took my care till the doctors declared me out of danger and then they pushed off silently. For me the two boys were the angels, who without any self-interest or hesitation stood beside me and saved my life and my family from the trauma. Still I have been unable to trace them, though in my heart and mind their faint figures still persist. They set an example that in case of a road accident we need to help someone as it could save precious lives instead of becoming a silent spectator. God bless
them.
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CINEMA: NEW Releases RATINGS: ***** Excellent
I
**** Very Good
I
A story spectacularly told
Can
a boy survive on the sea for 227 days at a stretch? No, not all by himself but even worse, with a Royal Bengal tiger on board? Hmmm… unbelievable. And on this note of incredulity director Ang Lee has woven his tale which is not only credulous but also about faith and belief in God. Not surprisingly it begins on a profound note, focuses on Pondicherry, brings into focus a young boy Pi whose nomenclature is as interesting and intriguing as his faith in many religions. So much so one of the sparkling dialogues in the film goes "Thank you Vishnu for bringing me to Jesus." But before Pi can truly embrace God and his mysterious ways, his faith is put not just on test but a complete ordeal. His travails in the tempestuous sea form the backbone of the film. As the director establishes the relationship between man and beast, man and nature and above all man and the supreme power, certain sequences might seem long drawn. Yet, he goes on to build a magical and mystical spectacle enhanced manifold in three-dimensional effects and time stands still. Cinematography by Claudio Miranda from scene one is superlative and captures the beauty of the sea as well as the animal kingdom enchantingly. Between the digital and actual footage, it's near impossible to know what is real and what's manufactured. Equally wondrous are the scenes set in Pondicherry. Choice of Pondicherry where cultures and religions melt and yet remains as unique a destination as can be, one would expect was an expected one and has been acknowledged so by the Oscar-winning director Lee. Based on Yann Martel's Man Booker prize-winning novel that has sold over seven million copies, the film that at once juxtaposes matters more sublime and undefined with adventure trails of Pi may not appeal to all sensibilities. Yet it stands out for more reasons than one. The beauty lies in the subtle nuances, in offering a philosophical insight without becoming too cerebral or weighing heavy on the main narrative. Just as in India spirituality is as much a way of life as concerns more mundane the film is not just a survival saga but a deeper almost meditative look at life. Life of Pi is in nutshell a journey called life where conflicts with environment and within one's own being come into play and are finally resolved. For the believer the story is a simple one that of stoic courage and hope against all odds and for the skeptics it provides yet another window and once again says simply—believe it or not. The twist in the end the alternative version of Pi's story fuses the line between imagination and realism. Either way it remains a beautiful story, beautifully told. Many Hollywood movies have created a buzz in India for featuring Indian actors. This Hollywood extravaganza is purely Indian in essence and characterisation. Watch it if for no other reason than for the fact that it is an Indian story with Indian actors most of whom, including Tabu and Adil Hussain, have done a wonderful job. While Irrfan Khan (adult Pi) as always is competent, controlled but not self-effacing with just the right degree of emotional inflections, the surprise package comes by way of actors who play Pi. The younger Pi (Ayush Tandon) is more endearing but of course the film sails on the shoulders of Suraj Sharma as the 17-year-old Pi. His physical and emotional journey is suitably epitomised by him and among the many highpoints is the one where he says, "I surrender to you God." The film that has opened at many festivals, including the New York Film Festival and our very own International Film Festival of India, Goa, is an experience worth submitting to and savouring as well. Engaging you with heart and mind, it may not answer questions related to God yet often it invokes the soul within. A visual treat with much to ponder upon.
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This Twilight zone beckons
Just
like the Harry Potter fans, Stephanie Meyers' Twilight book series has its own set of followers who would chew every bit of this film. Like the earlier Twilight films, which are filled with too much 'dead time' and blank stares, this one starts out pretty much the same way but, luckily, picks up quickly. Breaking Dawn-Part 2 is a perfect blend of sci-fi and romantic drama, involving vampires, werewolves and half humans. This specific saga centres on a young couple - Bella (Kristen Stewart), who is now a vampire, Edward Cullen (Robert Pattison) - and their daughter Renesmee (Mackenzie Foy), who is still half human. Renesmee also has werewolf Jacob (Taylor Lautner) for guardian angel. Irina, owing to her hatred for Bella, informs the Volturi, the ruling vampire class, that Renesmee is an immortal child. That is when the film gathers momentum. The Cullens gather the other vampire clans in order to protect the child from this false allegation and peril. Of the Twilight series, this one is good and the battle scene is the saving grace of the movie. Scriptwriter Melissa Rosenberg, who usually sticks to Meyers' plots as if they were holy writ, pulls a clever switch with the climax. Readers of the novel may not like this, but then, it works for the movie. The chemistry between Kristen, Robert and Taylor Lautner is natural and real, making the film palpable. However, Michael Sheen as the vampire Chief, leading the Volturi, is refreshingly different; his acting is definitely praiseworthy. The musical score is definitely a high note, capturing the tone and theme of the film well. What makes this film look tacky is the weird jump-cuts or edits coupled with the poor quality special effects. Breaking Dawn - Part 2 is definitely the finest of Twilight series. But that’s not saying much. Watch it if you like to see good-looking vampires with no blood-churning moments. — IANS |
movies on tv
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