Editorials March (for Current Affairs – 25 August) (Editorials from The Hindu 22nd -31st March 2013) Caste, corruption and romanticism Utsa Patnaik, a noted economist said in a small note that she circulated “Ashis Nandy had earlier made approving remarks on the 1988 Deorala burning to death of a young widow in the name of sati (terming it a courageous act in a piece in the Indian Express ), and more recently has reportedly made a factually baseless, highly offensive comment on Dalits and corruption. Given the crudity of these positions one wonders how ‘nuanced’ and ‘ironic’ can an academic get. There is nothing here to surprise us, for Nandy has always projected a consistent intellectual position. “His writings, starting from The Intimate Enemy clearly represent an Indianised version of Romanticism, the much-analysed trend of thinking which valorises pre-capitalist traditions, local cultures and subjectivities while critically opposing the rationalism and homogenizing values of industrial capitalism.” This is a perceptive observation of Mr. Nandy’s academic romanticism. Such romaticisation of caste and culture has deeper scholastic roots. ‘High against low’ Mr. Nandy is not alone in positioning the cultural character of Indian society in a top down manner and romanticising the cultural ethos of ‘high as against low.’ This has been the cultural morale of the so-called mainstream sociological scholarship in India. The caste/class background of Indian sociologists, what they see and study in Indian society, is presented as normative and the victims of the social process are expected to affirm those theories. This sociological methodology was invented by M.N. Srinivas who studied the Indian caste system from his own cultural standpoint and designated the process of perceived change as Sanskritisation. A systemic role was assigned to an ancient Indian language, which was already dead. Yet he turned that into a theoretical category. Its use was only in the Hindu ritual realm at that time and no Brahmin family was using that language in day-to-day life. That linguisticcultural construction was deployed as positivist and modernist. He romanticised the so-called ‘low castes imitating the high castes,’ so much so that the whole academic discourse in India sought to be mesmerised; it was also projected as a creative utopia. 1 The Dalit-Bahujan life was essentially culturally inclusive as against the Brahminic exclusionism. Srinivas picked up some common food practices between Brahminic and Dalit-Bahujan (who ate vegetables alongside meat foods historically and discovered many vegetarian food items) and asserted that the lower castes were getting Sansrkitised. He discovered that Sanskritisation among the lower castes was deterministic and transformative. It was to suggest that no other forms of lower caste mobilisation were required. Though sociologists like A.R. Desai disagreed with this pseudo-transformation theory, they were ruthlessly marginalised. Polygamy and divorce Another noted sociologist, Andre Beteille, found Sanskritisation taking place at a systemic level on a continuous basis. He said: “Divorce, separation, polygamy etc., were common among the Dalits. The fact that they consider divorce bad is the impact of Sanskritization.” What does he mean by saying polygamy was ‘common’ among Dalits? Does he mean every second Dalit man had/has more than one wife? What about Brahmin men? Not even one in thousand was/is polygamous? Was polygamy rare among Brahmins and Kshatriyas? Where did he get his statistics about ‘Dalit polygamy’ being common and Brahmin polygamy being uncommon or rare? One hopes that the census data would include caste and polygamy relationship among all castes and religions. His assertion that “they [Dalits] consider divorce bad” because of Sanskritisation is believed to be normative. How would he theorise the increased divorce rates among the upper castes — particularly among Brahmins? Is there no opposite linguistic-cultural concept for that? Shall we call it Palisation, as Pali was the mass language when Sanskrit was the court language? Or if we say that the process of upper castes opting for increased divorce or meat eating should be theorised as Dalitisation, what would they say? Would they not ask: what is this concept called Dalitisation? Yet another sociologist, Dipankar Gupta, studied the Indian caste system very seriously and told the United Nations Committee on Elimination of Racial Discrimination (CERD) examining ‘Discrimination based on descent’ in 2007, that “Brahmins, Kshatriyas, Baniyas, Shudras and Dalits no more exist in India.” Is this romanticisation or mesmerisation of Indian sociology? Corruption not a commodity Ashis Nandy, a noted social-psychologist, spread the theoretical net of corruption to all the Scheduled Castes, Scheduled Tribes and Other Backward Classes. He discovered that the ‘most’ corrupt in Indian society came from these social groups. Has he not followed in the footsteps of MNS’ theory of “lower castes imitate the higher castes?” Does not such a statement romanticise corruption? And does not such location of ‘corruption’ among the 2 poorest of poor endanger the whole social science discourse? Corruption is not a commodity that becomes accessible for every human being on the street. It operates, as the Sanskrit language operated among the bhoodevatas , among those who have money and power. Power among the upper castes of India is like the thread in a garland. It connects with the other quite coherently. This is not true of Dalit-Bahujan castes. A few here and there in real power (only Mayawati was in that category) structures do not and cannot connect to the most poverty ridden masses. Several commentators, including Utsa Patnaik, pointed out that Mr. Nandy supported Sati , the theory of Mohan Bhagawat that Bharat is ‘rape free’ while ‘India is rapist,’ as it was influenced by western capitalism. It was like saying that ‘feudal rape is pure and capitalist rape is impure.’ Mr. Nandy is a Gandhian democrat. He imbibed Gandhism through Nehruvian ideology. For Gandhi, castes were necessary to maintain the balance of social system. For Nehru, corruption was the necessary greasing oil for the state engine to run. Mr. Nandy transforms this greasing oil theory into a theory of ‘social equaliser.’ ‘Republican Utopia’ For his mode of Indian sociology, SC/ST/OBCs travelling ticketless in trains is equivalent to upper caste air travel with a stay in a five star hotel, without spending money from their personal account. This theory resembles the sociological theory of Andre Beteille that when Dalits eat vegetarian they get equalised with Brahmins. Mr. Nandy discovered a majestic ‘Republican Utopia’ in the Indian mode of corruption. If “Sanskritisation” and “corruption” become part of the “Republican Utopia,” that republican utopia would match neither the ancient republican dream of Plato nor the late medieval utopian dream of Thomas More. Caste is a concrete thing at hand as slavery and class were in Europe. There is no positive sense in the notion or practice of corruption. As death cannot equalise human life, corruption cannot equalise castes. There is no way that the Dalit-Bahujan theory or Ambedkarism could negotiate with this funny theory. Neither could democratic or Marxist theory. Equaliser theory Since the upper castes are already corrupt, an equaliser theory is invented in the very life of Dalit-Bahujan. As the Dalit-Bahujan have no theoretical resource to counter such theories, some rushed to the police station to stop this kind of theorisation. Mr. Nandy had an intellectual answer for that recourse. “I will sit in jail and write a bigger theory.” He cites Gandhi and Nehru writing their theories in jail. 3 At this stage, the Dalit democratic movement cannot afford to send such theoreticians to jail and give more credence to their theories. Let it not be forgotten that there is no living Ambedkar among us to write better theory without ever going to jail. Dr. Ambedkar overtook Nehru in a recent survey with his unparalleled theory of ‘Dalit democracy’ as the equaliser. In due course, he will also overtake Gandhiji in greatness. The best way to put this kind of sociology in its place is to burn more midnight oil to write a better theory of Dalit sociological imagination — not of utopia. (The author is Director, Centre for the Study of Social Exclusion and Inclusive Policy, Maulana Azad National Urdu University, Hyderabad) The Dalit-Bahujan theory or Ambedkarism cannot negotiate with funny theories of sociologists like Ashis Nandy. The best way to counter them is to write a better theory Innovate against child deaths Among countries with comparable development indicators, India has the potential to address many of its challenges with unique home-grown resources. The information technology sector, for example, has transformed the country’s economy and is currently helping expand access to a wide range of quality services for some of the poorest in India. India’s space and atomic energy programmes are outstanding examples of indigenous technical ingenuity. As economic growth continues to decelerate, it is critical that we do not forget the important role of indigenous scientific innovation, in particular, to improve livelihoods and promote well-being. To reiterate what Jawaharlal Nehru said: “It is science alone that can solve the problems of hunger and poverty, of insanitation and illiteracy.” Child health is one area where investments in innovation can result in tremendous social and economic returns. India nearly halved child mortality rates between 1990 and 2010. Improved health-care services and access to simple health interventions, such as oral rehydration therapy (ORT) to address severe cases of diarrhoea, have contributed to this encouraging reduction of child deaths. Link with malnutrition However, in 2010, experts estimate that almost 17 lakh children less than five years of age died in India. This is still far too many. Pneumonia and diarrhoea, together, account for a significant proportion of these deaths. There are even more hospitalisations and outpatient visits from these two diseases. They each take a tremendous emotional and financial toll on Indian families and we need to take these threats seriously. It is unacceptable that children die of 4 preventable and treatable illnesses. All families in India deserve equal access to health innovations that could help children and protect children. Diarrhoea is caused by several different organisms and is most often spread through contaminated food or water and person-to-person contact. Certain types of diarrhoea are more serious than others. Acute watery diarrhoea is associated with rapid dehydration that can last for hours or even days. If fluids and electrolytes are not replenished, diarrhoea can be life threatening. Children who suffer from malnutrition are more vulnerable to the causes of diarrhoea. In an unfortunate twist, diarrhoea also in turn perpetuates malnutrition and leaves children prone to infections. To address an issue such as diarrhoea, safe water and sanitation do matter, but require large-scale investment in infrastructure and in maintenance by the government. For individual and community level management of diarrhoea, you need to bring the lab to the field to understand what causes the disease. Some of the first studies here aimed to determine the cause of severe diarrhoea in India — the kind that causes life-threatening dehydration. Researchers found that a viral pathogen called rotavirus was the most common cause. Rotavirus is of particular concern because it is so ubiquitous, leaving nearly all children — rich and poor — at risk. However, outcomes vary greatly depending on the family’s circumstances. For a child of high socioeconomic status with consistent access to care, the virus will likely cause only minor illness. For less fortunate children, it could be a death sentence if appropriate care is not provided or is provided late in illness. Use this package To reduce the burden of diarrhoea in India, we must try to reach all children with a comprehensive package of proven interventions. This includes access to ORT, zinc supplementation, exclusive breastfeeding for the first six months of a child’s life, and improvements in hygiene, sanitation and drinking water. However, because rotavirus is so contagious and resilient, these approaches alone will not adequately prevent diarrhoea. Vaccination against rotavirus offers significant hope for protecting children from this disease. We know already that countries that have introduced rotavirus vaccines have experienced major reductions in severe diarrhoea. Several academic and research institutions in India, including mine, have been involved in the development of indigenous rotavirus vaccines that could, if all goes well, reduce the number of illnesses and hospitalisation due to diarrhoea. If rotavirus vaccines were introduced at current immunisation levels, we could save tens of thousands of lives, and even more hospitalisation and outpatient visits. This could save India more than Rs.100 crore in annual medical costs. The savings to families would also be significant. 5 Having contributed significant funding, the government has been a terrific supporter of developing new rotavirus vaccines in India. As with the rotavirus vaccine development efforts, we have the resources and the capacity in India to address our most pressing health needs, if we use a strategic approach that prioritises problems and then makes a concerted effort to address them. However, development of a product such as a vaccine is not sufficient. We must also work together to develop and implement policies that ensure that everyone has access to the fruits of our scientific endeavours. (Dr. Gagandeep Kang is a professor in the Department of Gastrointestinal Sciences at Christian Medical College, Vellore.) As with the development of the rotavirus vaccines to combat diarrhoea, India has the capacity and resources to address the country’s most pressing health issues Building it brick by brick When they come together at Durban, the South African city that has hosted mega conferences of hundreds of countries in the past, the small but significant group of five leaders from Brazil, Russia, India, China, and the host country will be completing their first round of summit meetings. South Africa, itself a late entrant into BRICS in 2011, is conscious of what the event means to it, a demonstration to its own people and also to the rest of Africa about it belonging to a select transcontinental group: new, rich in promise and potential, and worthy of attention. True to its political tradition of solidarity with the rest of Africa, South Africa as the host is also leveraging the event for a focus on all of the continent. Predictably the theme of the summit chosen by the host is “BRICS and Africa — partnership for development, integration and industrialisation.” The African Union is being invited as a guest. Interestingly, the President of Egypt is also expected. Diplomatic perspective Apart from the symbolism and the ceremony, after five years of evolution, how does one see BRICS as a grouping? What does it bring to the countries that are members? What does it convey to the countries that are outside it, to the G-8, the original rich man’s club, to other groupings? Here is a diplomatic practitioner’s perspective based on some experience of summits hitherto. It is by now well recognised that some factors underlying the creation a decade ago of a clever acronym BRIC (without South Africa at that stage) have changed. The BRIC ‘brand’ was the invention of an investment and marketing guru Jim O Neill of Goldman Sachs. At a period of financial crisis and economic collapse in the affluent West, he was looking to identify countries 6 with high growth, rising demand in markets, and attractive yield for investments. In the buoyant period of over 8-9 per cent growth in China and India and more modest but still robust growth in Brazil and Russia, the logo of BRIC as an investment destination was attractive. Today, seen from this solely macro-economic perspective, the reality is different. There are questions about the growth trajectories in India and Brazil to name only two; pointers to others that are growing faster such as Mexico, Turkey or Indonesia, and larger uncertainties about the economic scenario. BRICS sceptics, not confined to the West, but also in our countries thus ask legitimate questions about the salience of the grouping. But to focus only on the micro or even macro economic issues is to miss the point that BRICS has moved beyond that bandwidth. With it adopting the character of a ‘forum’ with leaders meeting at the summit and others — foreign, finance and trade ministers, national security advisers, apex business organisations, academics, bankers — on the sidelines, it is acquiring an identity as a different kind of mini multilateral platform. What is its evolving identity, then? Some features are easy to see. BRICS countries are all large, though largeness in size or population is a relative attribute. But together they constitute 40 per cent of the world’s population, 25 per cent of its land size and over 25 per cent of the global GDP and thus by any standards have collective weight. Secondly, though Mexico, South Korea, and Turkey have also shown remarkable growth, they are members or aligned to the rich man’s club of OECD and have identity and interests with the developed world. Broadly speaking, BRICS countries regard themselves as developing (Russia being an exception) and it is still a fact that the perspectives of the two groups are different on many international issues. (The G-20, another mechanism, is a framework that brings together both). Third, the BRICS countries are conscious — although they may not proclaim it — that the convergence in their political and security interests is limited, and hence are not likely to spend too much time on these issues. Two countries are already permanent members of the Security Council (China and Russia), and India and Brazil are aspirants; two are acknowledged nuclear powers and India is a claimant, and there are other divergences on strategic issues. All leaders are sensitive to these differences and the summits take place despite these divergences, and not to resolve them. Notwithstanding, with regard to some international issues, there can be commonality of approaches and hence the expectation that they may look at Syria, Iran or the Palestinian issue in a nuanced way. BRICS leaders are also careful not to see or, in any way, project their forum as adversarial to the U.S. or the West. That simplistic and headline grabbing approach is only that of lazy commentators, both in the West and in our own. 7 Within the establishments of BRICS countries, it is recognised that BRICS is essentially a work in progress. The expectations are modest and pragmatic. It will be fair to say that the one-to-one meetings between the partners, all of who are important, are a value in itself during the summits. BRICS does create an opportunity, for example, for our Prime Minister to meet for the first time, the new Chinese leader, Xi Jinping, in an intimate setting. Beyond this collateral advantage, BRICS may also help share thinking on medium term global governance issues. Current examples are the reform of the IMF and the World Bank, a greater say for countries with our capacities in such institutions, state of WTO or climate change negotiations and such agendas. There may not be complete identity of views on these issues, but given their profiles and resource endowments, a certain empathy among them is to be expected. Substantive specifics Looking at the forthcoming summit in Durban, some substantive specifics may be noted. Engagement with Africa is important individually for India, China and Brazil though their priority regions and models for cooperation have been different. It will be interesting to see the competitive and the cooperative dimensions come into play when they look at Africa collectively. The idea of a BRICS bank, first discussed in Delhi, is being examined at technical levels, but it may receive further encouragement. A notable achievement already is the BRICS network of research institutions to pool together the intellectual capital, easier to design than the pooling of financial capital. Finally, for South Africa, Brazil and India, there is also the interesting question of how to shape another forum of their own, IBSA, which brings together the three large and vibrant democracies from the three continents of Africa, Latin America and Asia. BRICS and IBSA have overlapping but distinct memberships and identities and the three countries need to think of what they can do together that is different from BRICS. This is also an issue that India will have to address as it will host the IBSA process later in the year. (B.S. Prakash is a former Ambassador, currently a visiting Professor at Jamia Milia University and a contributor to Gateway House: Indian Council on Global Relations) BRICS summits take place despite divergences among member countries. The expectations, therefore, are modest and pragmatic New chapter, old challenges President Xi Jinping is expected to hold his first meeting as China’s new leader with Prime Minister Manmohan Singh this week, along the sidelines of the March 26 BRICS Summit in South Africa. The talks — they are expected to be a 8 brief event according to officials in Beijing, who cited the limitations of Mr. Xi’s “tight schedule” — will mark India’s first major engagement with the new Chinese leadership, which took over following the conclusion of the National People’s Congress, or Parliament, on March 17. China’s new leaders have, as yet, given little indication of how they plan to take ties with India forward. Mr. Xi, in his first interview after taking over as President, outlined a “five-point proposal” to improve relations with India, when he met with a group of journalists from the BRICS countries (Brazil, Russia, India, China and South Africa) in Beijing on March 19. Mr. Xi’s proposal had little in the way of specifics, and did not offer new ideas. The five proposals called for: maintaining strategic communication and keeping ties on the right track; expanding cooperation in infrastructure and mutual investment; strengthening cultural ties; increasing coordination on multilateral affairs; and “accommodating each other’s core concerns” to “properly handle differences.” If anything can be gleaned from Mr. Xi’s remarks, it is that the new leadership is yet to devote its full attention to ties with India. The “five points” Mr. Xi listed were, in fact, almost entirely similar to the five-pronged proposal made by his predecessor, Hu Jintao, during a visit to India one year ago, for the BRICS Summit in New Delhi. Since taking over as the Communist Party of China’s (CPC) General Secretary in November last year, it is clear that Mr. Xi, and the top leadership, have been preoccupied with the transition at home. On the foreign policy front as well, India does not figure high on the list of Beijing’s current priorities. Continuity China’s present focus is largely on the United States – particularly, its “pivot” or rebalancing towards Asia — and Japan, following recent tensions over the disputed Diaoyu or Senkaku islands in the East China Sea. Analysts in Beijing see the annual press conference given by the Chinese Foreign Minister as a somewhat inexact indicator of China’s current foreign policy priorities. The briefing given by outgoing Foreign Minister Yang Jiechi in Beijing on March 9, a carefully choreographed affair in which the questions were arranged weeks in advance, focused primarily on China’s relations with the U.S., Japan and Russia, the destination of Mr. Xi’s first overseas State visit. Other areas that found specific mention were the tensions on the Korean peninsula, ties with Africa, the Syrian crisis and relations with Asean. Chinese foreign policy analysts acknowledge that India may not be high on the list of China’s present diplomatic priorities. This, they suggest, is not entirely a bad thing, and is more a reflection of the increasingly stable nature of the relationship rather than a lack of interest. Chinese officials point out that only 9 three years ago, ties were persistently tested with recurring differences over the boundary dispute and Tibet. In 2009, for instance, regular reports in India described aggressive patrolling and “incursions” by the People’s Liberation Army (PLA) in border areas, while in China, anger over exiled Tibetan spiritual leader the Dalai Lama’s visit to Tawang cast a shadow on ties. Four years on, both issues have appeared to have become less of an irritant, and relations are certainly more stable. As Hu Shisheng, a leading South Asia strategic analyst at the China Institutes for Contemporary International Relations in Beijing puts it, “India-China relations are not [in a state of] disturbance,” even if they are secondary to other more pressing concerns. As a key partner The CPC’s official newspaper, the People’s Daily , recently suggested there are two areas where China now sees its main interests with India. A recent editorial pointed to the border issue being “controlled effectively” and an increasing focus on trade and multilateral issues as heralding “a new chapter” in ties. The newspaper argued that a new focus on trade frictions was, in fact, a welcome sign that a relationship historically burdened by strategic mistrust was now becoming more “normal.” For Chinese companies, India has certainly emerged as an increasingly important destination for investment and project contracts, particularly in the power and telecom sectors. According to the Indian Embassy in Beijing, Chinese companies are executing $55 billion worth of projects in India — more than in any other country. China also sees India as an important partner on multilateral issues like trade and climate change. Coming under increasing pressure from the West to take on more responsibility as the second largest economy and single biggest emitter of greenhouse gases, China stands to gain by aligning itself with other developing countries. Mr. Xi suggested as much in his proposal: his third recommendation called on both countries to “jointly safeguard the legitimate rights and interests of developing countries.” Core concerns Mr. Xi, in his proposal, also called for both countries to “accommodate each other’s core concerns.” How both countries will do so remains to be seen: they have recently followed an approach that has sought to “manage” — if not simply ignore — outstanding differences on difficult core concerns, rather than seek to engage on those issues. For China, the Tibetan issue ranks highest in terms of its concerns. India’s crackdown on Tibetan protests in April last year during the visit of Hu Jintao to New Delhi eased Chinese anxieties, even as the heavy-handed approach by the police faced criticism from both rights groups in India and from the exiled Tibetan community. 10 China, for its part, has appeared less willing to deal with thorny issues such as transboundary rivers or its continuing projects in Pakistan-occupied Kashmir (PoK). China’s recent approval for three new dams on the Brahmaputra were reported to have caught Indian officials by surprise, not finding mention in recent talks, even if the projects are run-of-the-river dams that might not significantly impact downstream flows. China has also appeared to continue with its investments and projects in PoK, maintaining that its involvement was without prejudice to India’s dispute with Pakistan. It has, however, sought to mollify India’s concerns on Kashmir by quietly withdrawing its issuing of “stapled visas.” Dr. Singh may not raise these contentious issues during his brief meeting with Mr. Xi, which is unlikely to see the leaders engage on specifics. Next month’s expected visit of Defence Minister A.K. Antony to China will provide a platform to mark the real start of engagement with Beijing’s new leadership, and will shed some light on how a new chapter in ties will begin to confront old challenges. China’s new leaders have, as yet, given little indication of how they plan to take ties with India forward Caught in a web of misogyny Is the online space as unsafe for women as the real world, especially if the woman in question is outspoken? The case of Adria Richards, a technology evangelist from San Francisco, has been trending on social networks over the past week, bringing to the fore issues ranging from the prevalent misogyny online to whether crude sexist jokes no longer matter. On March 17, Ms Richards, while attending a technology conference, tweeted a photo of some men in the audience with the message: “Not cool. Jokes about forking repo’s in a sexual way and ‘big’ dongles. Right behind me #pycon”. By invoking the conference’s code of conduct, she ensured that the men were removed from the auditorium. “Have you ever had a group of men sitting right behind you making jokes that caused you to feel uncomfortable? Well, that just happened this week but instead of shrinking down in my seat, I did something about it,” she wrote on her blog, www.butyoureagirl.com. One of the men who was removed is said to have lost his job. And in the ensuing days, Ms Richards faced an online backlash with “dongle” jokes, crass abuse and even rape threats. Groups of hackers launched DDoS (distributed denial of service) attacks to bring down her blog and the website of the company she works for. 11 In a dramatic turn of events, her company, SendGrid, fired her. On March 21, the company’s CEO Jim Franklin reasoned on the company blog: “Publicly shaming the offenders — and bystanders — was not the appropriate way to handle the situation … It has become obvious that her actions have strongly divided the same community she was supposed to unite. As a result, she can no longer be effective in her role at SendGrid.” Since her firing, several people have shown their support to Ms Richards on her Twitter handle, @adriarichards. A search on Twitter for Adria Richards or the keyword “donglegate” throws up the polarised opinion online. Misogyny is becoming a persistent problem online on forums and social networks. In September last, a Sikh woman from Ohio State University, Balpreet Kaur, was the subject of a tasteless post on the Reddit social forum when a user going by the name “European Douchebag” posted a candid photo of her commenting on her facial hair. Having discovered the post, Ms Kaur joined the conversation. “Yes, I’m a baptised Sikh woman with facial hair. Yes, I realise that my gender is often confused and I look different than most women,” she wrote and explained how Sikhism propagated not altering one’s natural appearance. The person who posted the photo eventually apologised. Closer home too, Twitterverse does get uncomfortable for women. Active Twitter users, poet Meena Kandasamy, actor Gul Panag and singer Chinmayi, often have their Twitter timelines cluttered with abusive remarks. In some cases, the anonymity that the Web offers seems to fuel the hatred more. karthik.subramanian @thehindu.co.in Support grows online for American woman who gets fired from her company after tweeting about sexist comments Time to hit the brakes on congestion In January, the Ministry of Urban Development floated the idea of a congestion charge on private vehicles that are increasingly choking city centres and imposing a variety of costs on all classes of road users. The Ministry has advised States to identify the most congested parts of cities and get a proper study done prior to adopting a charging system. The Ministry’s suggestion coincides with the completion of a full decade of congestion charging in London, one of the most prominent examples of such a levy. Although that system has not been able to expand for political reasons, its 12 operation in the original area has reduced traffic volumes and produced net revenues that are reinvested in public transport. Evidently, the case for some form of restraint on private vehicles crowding city centres is strong today. A recent study conducted in 25 cities including Singapore and Stockholm by the International Association of Public Transport (UITP) found that the success of a charging programme depends on the severity of the congestion problem and presence of strong political will. A charge on private vehicles in selected areas and at particular times of day would be a reasonable response to externalities they create. Choosing to drive one’s own car or other vehicle into a city centre puts pressure on limited road space, contributes to pollution and global warming, and results in reduced mobility for all. The cumulative time spent in traffic is a major economic loss. Congestion charging schemes therefore levy a premium for the privilege of using a personal car, and the funds thus collected should be ploughed back exclusively into public transport options. This makes them robust, affordable and sustainable. A number of technologies are available to implement a congestion charging system. The challenge is to pick one that reduces transaction costs, and is sealed against revenue leakage. While the benefits of such a system appear to be obvious, two recent research projects put the claims to empirical analysis and came up with interesting insights on actual and potential social benefits. Applying mathematical models to traffic patterns, transport economist Charles Komanoff estimated that driving a car into specific congested areas of New York City’s borough of Manhattan on a weekday produces a cost of $160 for everyone else — a negative externality in terms of idling vehicles and lost productivity. He therefore advocates a graded congestion charge on private vehicles and a taxi surcharge based on place and time of day, with a similarly calibrated reduction in urban train fares, and total elimination of fares for buses. The resulting model is revenue neutral, but one that adds tremendous gains in time saved by everyone. That would do wonders for the economy — potentially, a massive net surplus is generated. Equally interesting is a piece of research by economist Rafael Lalive of the University of Lausanne and his colleagues, who studied the effects of an increase in railway service frequency on road traffic externalities in Germany. Increase in service frequency results in fewer severe road accidents and less pollution from carbon monoxide, nitrogen monoxide and nitrogen dioxide, among other things, according to the discussion paper published by the Center for Economic Policy Research in February. 13 Galloping vehicle numbers Such evidence-based insights point to the need for a relook at urban transport policy in India. In 1975, the number of cars sold in the country was a mere 23,000. But in a single year, 2011-12, the production of passenger vehicles touched 26.18 lakh. Most of these clog urban roads, marginalising pedestrians, cyclists and the disabled. The flood of vehicles has left the traffic police unable to do its job with even a modicum of efficiency and local governments are engaged in a futile race to create more and more road space. Equally alarming is the impact of the rising tide of “automobility” on imports. The Union Budget for this year takes note of the staggering burden imposed by petroleum imports at $124.5 billion during April-December 2012, more than a third of the total. A steady increase in oil imports merely to keep people mobile is bound to contribute to higher demand-led oil prices and a worsening current account deficit. A congestion charge is therefore a pragmatic goal to balance traffic asymmetry in the most crowded cities. Moving to such a system will, of course, be feasible only when adequate investments have been made in public transport infrastructure. Governments are reluctant to incentivise citizens with comfortable bus and rail systems and to charge those who insist on driving (exempting some users to ensure equity). States today baulk at making investments in modern bus and rail systems of scale. Even the six-year-old National Urban Transport Policy, which emphasises the importance of public transport, walking and cycling is treated merely as a discussion document. The policy gear is in reverse mode, and needs to change quickly. ananthakrishnan.g@thehindu.co.in With the flood of vehicles growing, the case for imposing some form of cost on private cars crowding city centres is strong BRICS and mortar for India’s global role - The Hindu India is at a unique geopolitical moment. On the one hand its neighbourhood and the larger Asian continent are being unpredictably redefined. The United States has declared, if somewhat ambiguously, its reorientation or “pivot” towards Asia, recognising the region’s economic force moving forward, or perhaps merely countering enhanced Chinese power. India and China are charting new geographies of contests, the Indian Ocean and South China Sea. The “Arab Spring” has exposed the fundamental inadequacies in Middle 14 Eastern and North African governing structures but has also given rise to an uncertain political future in an important energy-producing region. Last, but certainly not least, China’s growing assertiveness in the Asia-Pacific region has led to increased, if sometimes seemingly unnecessary, conflict with neighbours in Southeast Asia and Japan. On the other hand, the world is seeing a once-in-a-century churn. The global board of directors that sit on the high table and define rules for conduct of political and economic governance are now unrecognisable from the lot just after World War II. India must seize the moment to shape these revisions of rules devised by the Atlantic countries and defend its growth and development interests in areas such as trade, Intellectual Property Rights (IPR), space, climate, and energy policy, among others. Regional order and global governance are both in flux and demanding India’s attention. This is not unique by itself. What is different this time around is that India has the capacity, increased capabilities and enhanced level of demonstrated intent to engage with this dual external relations challenge. In order to attain the global power status it desires, India must walk and chew gum at the same time. It must tend to its immediate and extended Asian neighbourhood while also engaging with the task of shaping a new rules-based political and economic order. BRICS represents a uniquely appropriate platform and flexible mechanism with which India can address this dual imperative. Role for three Engaging with China and Russia in an environment free of the sharp edges often wrought in bilateral negotiations will catalyse congruence over an array of mutually important issues. Any stable Asian order must have at its core, a certain level of accord among these three large continental powers. The past would need to be defrayed and the path for future integration would need to sidestep suspicion and history. Annual BRICS summit-level discussions on political and economic matters allow the three countries such an arena of tactical camaraderie. The current moment allows a unique opportunity for the three to shape a new construct for Asia amidst the regional flux. Perhaps at some stage it may be worthwhile having a summit level RIC meeting on the sidelines of BRICS to discuss this Asian project. On resetting and reshaping economic and political governance, BRICS has the potential to be the new (and often criticised) game changer. The sheer size and rate of growth of intra-BRICS trade and economic exchange will allow each of these countries to exert their collective weight for their individual gains. Who gains more should not matter, as long as every member benefits from this dispensation and the order is visibly equitable. 15 There are a few benefits that India must seek through and with the BRICS. First, there are many multilateral organisations within which a “BRICS-bloc” can exert significant leverage. The U.N. and World Trade Organization are two such forums. While geopolitical and economic thinking among BRICS is not always in-sync, where there is consensus (and the areas are increasing rapidly) BRICS could be a compelling voice. Like they did on the debates on noninterference and “Responsibility to Protect.” Similarly, India’s views on climate change, financial norms, trade rules and so on could also benefit from BRICS’s aggregate voice. Of course the UNSC membership issue strikes a discordant note but it should not cannibalise the possible coming together on other matters. Barrier against slowdown Second, as economic powerhouses and regional hubs, intra-BRICS market integration can insulate these nations from western economic slowdown. The Organisation for Economic Co-operation and Development (OECD) stagnation is impacting BRICS growth, with multi-percentage point GDP dips in India and China. BRICS market integration could leverage the economic power of emerging world economies by sparking increased trade and foreign investment, especially if done in local currencies. Only China is part of India’s top 15 trading partners, making the BRICS forum an attractive stage from which India can promote economic ties with other dynamic economies. The BRICS development bank, option of holding each others’ currencies as reserves, stronger trade facilitation and eventually a comprehensive BRICS economic partnership agreement are all worthy possibilities. For inclusive growth Third, the BRICS are each experiencing rapid development with uniquely national characteristics. However, despite growing middle class populations, BRICS hold the lion’s share of the world’s impoverished population. These nations must take increased responsibility for a new global development agenda, incorporating inclusive growth, sustainable development and poverty alleviation. BRICS is a platform not only to learn from each other’s development experiences but also the instrument that can define new rules for health care, education and IPR for the billions at the bottom of the pyramid. The collective BRICS experience around social policy could be beneficially shared with others as well. A forum (like the OECD) or clearing-house to disburse this information would prove a relatively low-cost measure producing substantial insight into development efforts, technology sharing, low-cost and sustainable energy generation, information technology and manufacturing. By drawing on collective BRICS brainpower, local development efforts will be catalysed. For example, sharing China’s experience on infrastructure 16 development or poverty reduction or Brazil’s in clean-fuel generation could be beneficial for India currently lacking the ability to take full advantage of its economic potential. Is BRICS just a catchy acronym masking the haphazard, slapping together of five developing, yet ultimately incompatible, nations? India should respond with an emphatic no. At this unique moment, when India faces a multitude of challenges seeking its attention both towards the region and the global stage, BRICS provides a flexible platform to respond to both. (Samir Saran is vice president and Daniel Rubin is Henry Luce Fellow at the Observer Research Foundation.) New Delhi finally has a platform to assert its might and rewrite the rules of global, political and economic governance Everyone needs a place to go Keo Samon, a rice farmer in southeastern Cambodia, had no toilet in her home. Nor was there even an outhouse or latrine for Keo, her husband and five daughters. Instead, they would defecate on land around the home, or in the rice fields. That changed after the Water Supply and Sanitation Collaborative Council, a United Nations partner, began to work with her village. Keo’s family, along with 30 others, attended community-led awareness sessions, built simple dry toilets and joined the drive to make their village “open defecation-free.” “In the past, I did not know the consequences of defecating outdoors. It was simply my habit, like others in my village. We were not aware of the importance of good hygiene. But now, I am very excited to have my latrine,” Keo said. What good does a toilet do? More than you may imagine. Adequate sanitation prevents disease or malnutrition caused by contaminated water. Open defecation, practiced by more than a billion people around the world, is among the main causes of diarrhoea, which kills more than three quarters of a million children, aged five or under, each year. Sanitation is also a necessary path to ensure the protection and empowerment of women and girls. When schools lack toilets, girls stay home when they are menstruating. When adequate sanitation is unavailable, women and girls are forced to take their private needs to the open, leaving them subject to sexual abuse. 17 Finally there is the economic argument. Poor water and sanitation costs developing countries around $260 billion a year — 1.5 per cent of their Gross Domestic Product. On the other hand, every dollar invested can bring a fivefold return by keeping people healthy and productive. So, it is difficult to understand why, in 2013, 2.5 billion people around the world still lack access to adequate sanitation. More people have cell phones than toilets in today’s world. Millennium goals Since the adoption of the Millennium Development Goals (MDG) in the year 2000, global poverty rates have been reduced by half. So has the proportion of people without access to improved sources of water. Two hundred million slum dwellers live better lives. Enrolment in school has increased dramatically. The global mobilisation behind the MDGs has been a remarkable success that has changed the world’s approach to development for the better. Yet, with just over 1,000 days remaining before the 2015 deadline for achieving the MDGs, we are not even close to reaching the goal on proper sanitation. That is why I am, on behalf of the Secretary-General and the U.N., launching a call to action on sanitation as we mark the beginning of the International Year on Water Cooperation. Three ways forward There are three things we can do to speed up progress on sanitation. First, we should speed up the elimination of open defecation — country by country, community by community, family by family. We need to talk about the problem, and not turn our heads away from a subject many find uncomfortable. Second, we need to strengthen cooperation. The water and sanitation challenge is everybody’s business. We need everyone to play their part. National governments need to lead by making commitments. Local governments can work with communities to help them to help themselves. The private sector can invest in the health of their employees and the environment. And civil society organisations can monitor progress and advocate solutions. Third, we should scale up the projects that work. Simple, affordable actions have already proved their worth. Between 1990 and 2010, about 1.8 billion people gained access to sanitation, a significant achievement. Many countries have tackled this problem within a generation. Doing nothing is not an option. The social, economic and environmental costs are simply too high. Let us commit now to end open defecation and provide 18 adequate sanitation and safe water for all, so women and girls can live with dignity and our children can survive and communities can thrive. Keo in Cambodia reports that all her family members are now using the latrine. They are drinking safe water. “I ask all families in my village to start building latrines for their use. This will help our village to end open defecation and bring good health for everyone, especially our children.” Keo has set an example. Let us follow — one community at a time. Nobody can do everything, but everybody can do something. (Jan Eliasson is Deputy Secretary-General of the United Nations.) Community-led awareness in Cambodia proves it’s possible to stop open defecation Wake-up call for the Army The recommendation made by an Army court of inquiry to impose wholesale disciplinary action against 168 personnel involved in violent clashes at a training camp should serve as an eye-opener for the Indian armed forces. What happened in May 2012 was a virtual free-for-all by personnel of the Ladakhbased 226 Field Regiment. In fact, there have been at least four such alarming breaches of discipline in the Army in recent times. Such a failure of the command and control structure warrants a review of training and operational aspects. While the Army can be justifiably proud of its apolitical, secular and disciplined ethos, better rapport and cohesion among different levels seem to be a crying need. This will require a training regime that factors in changing values and rising career aspirations and expectations of the members of a modern army. Measures to inculcate a new level of sensitisation will need to go hand in hand with this to remove any trust deficit among the different “classes” in the force. There should be a premium on morale in the forces. Significantly, a study on the high suicide rate in the Army by the Defence Institute of Psychological Research held last year that “perceived humiliation and harassment” at the hands of superiors often served as the final “trigger” for jawans to take their own lives. The demands and pressures faced by the officers should also be taken into account. In the specific context of the Ladakh incidents, the continuance of the colonialera institution of the sahayak , or valet, has a particular resonance. It was one of these sahayaks , Sepoy Suman Ghosh, who was thrashed by some officers for complaining about the behaviour of the wife of a Major at the camp. Although the Army announced last year that it was considering doing away with the system, thousands of enlisted men continue to serve as sahayaks , ensuring that the creases on the officers’ uniforms are sharp enough and their 19 epaulets shine through. They take children to school and help with Army wives’ domestic and shopping chores. The system was long abandoned in the British Army. Understandably, this remains a cause of unhappiness for men enlisted to serve the country. The degree of professionalism that is required of a modern army to meet heightened challenges needs to be recognised across the ranks. The officer should lead from the front, and the soldier should be able to hold his or her head high. “My priority would be to … strengthen [the] Army's work culture and core values,” Lt Gen Bikram Singh said ahead of assuming office as the Chief of the Army Staff just a few weeks after the Ladakh incidents. It seems he has his task cut out for him. Tankers and the economy of thirst Thirst is Marathwada’s greatest crop this season. Forget sugarcane. Thirst, human and industrial, eclipses anything else. Those harvesting it reap tens of millions of rupees each day across the region. The van loads of dried-out cane you see on the roads could end up at cattle camps as fodder. The countless “tankers” you see on the same roads are making it to the towns, villages and industries for profit. Water markets are the biggest things around. Tankers are their symbol. Thousands of them criss-cross Marathwada daily, collecting, transporting and selling water. Those contracted by the government are a minority and some of them exist only on paper. It’s the privately-operated ones that are crucial to rapidly expanding water markets. MLAs and Corporators-turned-contractors and contractors-turnedCorporators and MLAs are vital to the tanker economy. Bureaucrats, too. Many own tankers directly or benami . Water commerce So what is a tanker? Really, just sheets of mild steel plate rolled into big drums. A 10,000-litre water tanker consists of three sheets of 5 ft x 18 ft, each weighing 198 kilograms. The rolled drums are welded together. These can be carried by trucks, lorries and other large vehicles, mounted on them in different ways. Smaller carriers transport cylinders of lower capacity. A 5,000 litre container can go onto the trailer of a big van. It comes all the way down to 1,000 and 500-litre drums that move on mini-tractors, opened-up auto rickshaws and bullock carts. As the water crisis deepens, hundreds of these are fabricated across the State each day. In Jalna town of Jalna district, there are about 1,200 tankers, trucks, tractors, auto rickshaws flitting about with containers of different sizes. They shuttle between their water sources and desperate sections of the public. The 20 drivers bargain with clients on cell phones. However, the largest amount of water goes to industries that buy in bulk. “The tanker owners transact between Rs.6 million to Rs.7.5 million in sales each day ,” says Laxman Raut of the Marathi daily Loksatta . “That’s what this single sector of the water market is worth — in this single town .” Raut and his fellow reporters have tracked this region’s commerce in water for years. Tanker technology Container sizes vary. But in this town “their average capacity works out to around 5,000 litres. Each of these 1,200 does at least three trips a day. So they carry in all some 18 million litres of water in 24 hours. At the going rate of Rs.350 per thousand litres, that works out to over Rs.6 million a day. The costs can go up depending on whether the use is domestic, or for livestock, or industry.” Scarcity drives the tanker economy. Tankers are being made, repaired, rented, sold and bought. One busy spot we hit en route to Jalna is Rahuri in neighbouring Ahmednagar district. It costs roughly Rs.30,000 to make a 10,000-litre tanker body here. It sells for twice that sum. In Rahuri Factory, a small industries area, we get a crash course in tanker tech. “Each 5 ft x 18 ft sheet of MS Plate is 3.5 mm thick (called Gauge 10),” explains Shrikant Melawane who owns a fabricating unit. He shows us the “rolling machine” on which each plate has to be manually rolled. “The 10,000-litre one weighs close to 800 kg,” he says. The three sheets of mild steel it requires cost roughly Rs.27,000 (at Rs.35 a kg). Labour charges, electricity and other expenses total a further Rs.3,000. “It takes a whole day to make one 10,000-litre tanker,” he says. “This season has been busy. We’ve made 150 (of differing sizes) in three months.” There are four units like his within a radius of one kilometre, churning them out at the same pace. And 15 within a three-kilometre radius of Ahmednagar town, on the same job. “The biggest ones — 20,000-litre tankers, go to cattle camps and industrial units,” says Melawane. “The 10,000-litre ones go to the cities and big towns. The smallest ones I’ve made carry just 1,000 litres.” The little ones “are bought by small horticulturists. Mostly tiny pomegranate growers who cannot afford drip irrigation. They take these drums on bullock carts and I’ve seen them do the watering manually.” From wells, tanks, reservoirs So where’s the water coming from? From rampant groundwater exploitation. From private borewells — some newly drilled just to exploit the scarcity. These could run out as the groundwater crisis worsens. Speculators have purchased existing dug wells that do have water in order to cash in. Some bottled water 21 plants in Jalna town bring it all the way from Buldhana (in Vidarbha) — itself a high water-stress district. So the scarcity should spread to other regions fairly soon. Some are looting water from public sources, tanks and reservoirs. The tanker owner buys 10,000 litres for between Rs.1,000 and Rs.1,500. He sells that quantity at Rs.3,500 — pulling in up to Rs.2,500 on the deal. If he has a captive source like a working borewell or a dug well with water, then his costs are even less. And close to nil if he is looting public water sources. “More than 50,000 (medium and big) tankers have been made across the State this year,” says former Member of Parliament (and ex-MLA) Prasad Tanpure. “And don’t forget the existing thousands from previous years. So it’s anyone’s guess how many are in action now.” Tanpure, a political veteran here, knows the water scene well. Other estimates place the new tanker numbers at one lakh. Even 50,000 new tankers would mean that fabricators in the State have done close to Rs.2 billion worth of business over the past few months. Of course, some have taken a hit on other fronts as “construction work stands suspended. No grills, beams, nothing else,” says Melawane. But there are also those jumping into this lucrative market. Back in Jalna, Suresh Pawar, a tankermaker himself, says: “There are over 100 fabricators around this town. That includes 90 who had never done this work before but are doing it now.” In Shelgaon village of Jalna district, farmer (and local politician) Deepak Ambore is spending around Rs.2,000 a day. “I get five tanker-loads of water daily to my 18 acres, including my five-acre mosambi orchard. I have to borrow from a sahucar .” Why spend so much when the crop seems doomed? “Right now, just to keep my orchard alive.” Moneylending rates here can be 24 per cent a year or higher. Things are awful but not at their worst. Not yet. Many in Jalna have lived off tankers for years now. Only the dimensions of the crisis and the numbers of tankers have exploded. The worst is a long way off yet and it isn’t just about rainfall. Except for some. As one political leader puts it cynically: “If I owned ten tankers, I’d have to pray for drought this year, too.” sainath.p@thehindu.co.in The water markets of Marathwada are booming. In the town of Jalna alone, tanker owners transact between Rs.6 million and Rs.7.5 million in water sales each day India and America, batting together in Asia 22 On a table in the office of a senior Indian diplomat sits an unusual piece of memorabilia: a baseball bat. It is signed not by members of the official’s favourite baseball team, but by the U.S. officials who participated in the inaugural session of the now well-established consultations between India and the United States on East Asia, in 2010. This bat and the similarly adorned cricket bat kept by the Indian diplomat’s American counterpart are an apt symbol of how the United States and India have deepened their common understanding of the strategic stakes in this critical region. Now they need to deepen their economic ties across the Pacific. The geopolitical shifts that shaped the expanded U.S.-India relationship changed the way both related to East Asia. India’s Look East policy expressed New Delhi’s intention to expand its footprint in East Asia, after decades of thin relations with China and relative neglect of the rest of the region. India’s economic opening to the global economy made its Asian orientation a tangible reality. India has signed three free trade agreements, all with East Asian partners: Japan, Korea, and ASEAN. Participation in several ASEAN-centred institutions underscored the political dimension of India’s Asia-wide ties. Three indicators The Obama administration has intensified a decades-long shift toward Asia in U.S. economic and foreign policy. The heart of U.S. Asia policy traditionally lay in the military anchor in Japan, the security challenge of China, and the enormous economic relationship with both. These factors are still important. But with the “pivot” or “rebalancing” that administration spokesmen have been talking about for the past two years, look for three new markers: deeper U.S. engagement with Asian regional institutions; a modest shift in the centre of gravity of U.S. military assets toward the Indo-Pacific region; and, significantly, the decision to treat India as part of a larger Asian region, a decision made more important by the growing prominence of U.S.-India ties. When the U.S. and India started their East Asia dialogue in 2010, both sought peace and prosperity throughout South and East Asia. They saw China as the most rapidly changing regional power, with which engagement and cooperation are essential. Neither wanted China to become the sole East Asian power centre. While neither has explicitly articulated this as policy, both would like to foster a network of strong relations among the region’s major players as China’s economic and military power expands — including India, Japan, Korea, the United States and China itself. Both seek an open, inclusive institutional architecture, and are increasingly involved with East Asian organisations, including the security-oriented ASEAN Regional Forum. Both are comfortable having ASEAN continue as the heart of most of the region’s institutions. And for both, freedom of navigation throughout the Indo-Pacific area is absolutely critical. 23 Freedom of navigation After almost three years of regular consultations, we have come to expect that India and the United States will respond to regional controversies touching their strategic interests independently, but will do so in ways that reinforce each other. The South China Sea is a good example. China’s claim to control virtually the entire sea has drawn the objections of its ASEAN littoral states. China insists on dealing with the ASEAN countries separately, brushing aside their preference to work together. Within ASEAN, there have been differences over how to manage their dealings with China on this issue. The organisation, unusually, was unable to reach a consensus on a statement on the South China Sea at its July 2012 summit. Both India and the United States have given carefully crafted support to ASEAN on the South China Sea, calling for peaceful resolution of disputes and self-restraint without taking a position on the merits of the disputes. U.S. statements have mentioned the possibility of allowing ASEAN to work as a group. The United States has endorsed the ASEAN-China Declaration on the Conduct of Parties in the South China Sea, calling it a good first step toward the code of conduct favoured by ASEAN members. India put the dispute in the context of the U.N. Convention on the Law of the Sea. Both have stressed freedom of navigation; one Indian statement noted that half of India’s seaborne trade comes through the South China Sea. India has had its own issues in the South China Sea. China has challenged India’s drilling on an oil concession bloc awarded to it by Vietnam, and the Chinese navy has confronted or escorted Indian naval vessels passing through these waters. India made its position publicly clear; the strong U.S. position on freedom of navigation was already on record in the background. These separate but parallel policies underline the similarities between Indian and U.S. interests on regional security. It is time to take the next step: Indian membership in Asia Pacific Economic Cooperation (APEC), the region’s broadest economic institution. When APEC was founded in 1989, India’s economic policies were inward-looking, contrasting with the organisation’s goal of “free and open trade and investment.” Since then, India’s economy has taken giant steps toward integrating with the region and the world, and its growth has rivalled, and in some cases eclipsed, that of the “East Asian Tigers.” India is now the third largest economy in Asia, and could be the second largest in another decade. APEC “economies,” in the term members prefer, have links beyond the purely governmental. APEC coordination mechanisms between economic regulators and among private companies could strengthen both India’s economic integration into the region and its export competitiveness, to everyone’s benefit. APEC includes not just East Asian economies but several trans-Pacific 24 ones, in tune with India’s emerging interest in economic ties with Latin America. The next move is up to Washington. The United States was for years reluctant to bring in India. APEC began a moratorium on new members around the turn of the century, but that has now ended. India, whose application got caught in the moratorium, is understandably not interested in putting forward another unsuccessful application. It is time for the United States to change its position. Like any expansion of international economic integration, membership would also involve some important policy steps for India. These would reinforce the strategic and economic interests that its Look East policy has long recognised, interests that are also foundation stones for the new relationship with Washington. This is a worthy objective — even if Indians and Americans cannot agree on what game ought properly to be played with a wooden bat. (Teresita and Howard Schaffer are former U.S. ambassadors, with long years of service in South Asia. They are co-founders of southasiahand.com . Howard Schaffer teaches at Georgetown University; Teresita Schaffer is a non-resident senior fellow at Brookings Institution.) As the U.S. ‘rebalances’ toward Asia and New Delhi ‘looks East,’ it’s time for Washington to help India enter APEC and integrate closely with Asian institutions The past & present of Indian environmentalism On the 27th of March 1973 — exactly 40 years ago — a group of peasants in a remote Himalayan village stopped a group of loggers from felling a patch of trees. Thus was born the Chipko movement, and through it the modern Indian environmental movement itself. The first thing to remember about Chipko is that it was not unique. It was representative of a wide spectrum of natural resource conflicts in the 1970s and 1980s — conflicts over forests, fish, and pasture; conflicts about the siting of large dams; conflicts about the social and environmental impacts of unregulated mining. In all these cases, the pressures of urban and industrial development had deprived local communities of access to the resources necessary to their own livelihood. Peasants saw their forests being diverted by the state for commercial exploitation; pastorialists saw their grazing grounds taken over by factories and engineering colleges; artisanal fisherfolk saw themselves being squeezed out by large trawlers. Social justice and sustainability 25 In the West, the environmental movement had arisen chiefly out of a desire to protect endangered animal species and natural habitats. In India, however, it arose out of the imperative of human survival. This was an environmentalism of the poor, which married the concern of social justice on the one hand with sustainability on the other. It argued that present patterns of resource use disadvantaged local communities and devastated the natural environment. Back in the 1970s, when the state occupied the commanding heights of the economy, and India was close to the Soviet Union, the activists of Chipko and other such movements were dismissed by their critics as agents of Western imperialism. They had, it was alleged, been funded and promoted by foreigners who hoped to keep India backward. Slowly, however, the sheer persistence of these protests forced the state into making some concessions. When Indira Gandhi returned to power, in 1980, a Department of Environment was established at the Centre, becoming a full-fledged Ministry a few years later. New laws to control pollution and to protect natural forests were enacted. There was even talk of restoring community systems of water and forest management. Meanwhile, journalists and scholars had begun more systematically studying the impact of environmental degradation on social life across India. The pioneering reportage of Anil Agarwal, Darryl D’ Monte, Kalpana Sharma, Usha Rai, Nagesh Hegde and others played a critical role in making the citizenry more aware of these problems. Scientists such as Madhav Gadgil and A.K.N. Reddy began working out sustainable patterns of forest and energy use. Through these varied efforts, the environmentalism of the poor began to enter school and college pedagogy. Textbooks now mentioned the Chipko and Narmada movements. University departments ran courses on environmental sociology and environmental history. Specialist journals devoted to these subjects were now printed and read. Elements of an environmental consciousness had, finally, begun to permeate the middle class. Changing perception In 1991 the Indian economy started to liberalise. The dismantling of state controls was in part welcome, for the licence-permit-quota-Raj had stifled innovation and entrepreneurship. Unfortunately, the votaries of liberalisation mounted an even more savage attack on environmentalists than did the proponents of state socialism. Under their influence the media, once so sensitive to environmental matters, now began to demonise people like Medha Patkar, leader of the Narmada movement. Influential columnists charged that she, and her comrades, were relics from a bygone era, old-fashioned leftists who wished to keep India backward. In a single generation, environmentalists had gone from being seen as capitalist cronies to being damned as socialist stooges. 26 Environmentalists were attacked because, with the dismantling of state controls, only they asked the hard questions. When a new factory, highway, or mining project was proposed, only they asked where the water or land would come from, or what the consequences would be for the quality of the air, the state of the forests, and the livelihood of the people. Was development under liberalisation only going to further intensify the disparities between city and countryside? Before approving the rash of mining leases in central India, or the large hydel projects being built in the high (and seismically fragile) Himalayas, had anyone systematically assessed their social and environmental costs and benefits? Was a system in which the Environmental Impact Assessment was written by the promoter himself something a democracy should tolerate? These, and other questions like them, were brushed off even as they were being asked. Steady deterioration Meanwhile, the environment continued to deteriorate. The levels of air pollution were now shockingly high in all Indian cities. The rivers along which these cities were sited were effectively dead. Groundwater aquifers dipped alarmingly in India’s food bowl, the Punjab. Districts in Karnataka were devastated by open-cast mining. Across India, the untreated waste of cities was dumped on villages. Forests continued to decline, and sometimes disappear. Even the fate of our national animal, the tiger, now hung in the balance. A major contributory factor to this continuing process of degradation has been the apathy and corruption of our political class. A birdwatcher herself, friendly with progressive conservationists such as Salim Ali, Indira Gandhi may have been the Prime Minister most sensitive (or at least least insensitive) to matters of environmental sustainability. On the other hand, of all Prime Ministers past and present Dr. Manmohan Singh has been the most actively hostile. This is partly a question of academic background; economists are trained to think that markets can conquer all forms of scarcity. It is partly a matter of ideological belief; both as Finance Minister, and now as Prime Minister, Dr. Singh has argued that economic growth must always take precedence over questions of environmental sustainability. An environmentally literate Prime Minister would certainly help. That said, it is State-level politicians who are most deeply involved in promoting mining and infrastructure projects that eschew environmental safeguards even as they disregard the communities they displace. In my own State, Karnataka, mining barons are directly part of the political establishment. In other States they act through leaders of the Congress, the BJP, and regional parties. In 1928, 45 years before the birth of the Chipko movement, Mahatma Gandhi had said: “God forbid that India should ever take to industrialisation after the manner of the West. The economic imperialism of a single tiny island kingdom 27 (England) is today keeping the world in chains. If an entire nation of 300 million took to similar economic exploitation, it would strip the world bare like locusts.” The key phrase in this quotation is ‘after the manner of the West.’ Gandhi knew that the Indian masses had to be lifted out of poverty; that they needed decent education, dignified employment, safe and secure housing, freedom from want and from disease. Likewise, the best Indian environmentalists — such as the founder of the Chipko movement, Chandi Prasad Bhatt — have been hard-headed realists. What they ask for is not a return to the past, but for the nurturing of a society, and economy, that meets the demands of the present without imperilling the needs of the future. In the 1980s and 1990s, the finest minds in the environmental movement sought to marry science with sustainability. They sought to design, and implement, forest, energy, water and transport policies that would augment economic productivity and human welfare without causing environmental stress. They acted in the knowledge that, unlike the West, India did not have colonies whose resources it could draw upon in its own industrial revolution. In the mid-1980s, as I was beginning my academic career, the Government of Karnataka began producing an excellent annual state of the environment report, curated by a top-ranking biologist, Cecil Saldanha, and with contributions from leading economists, ecologists, energy scientists, and urban planners. These scientific articles sought to direct the government’s policies towards more sustainable channels. Such an effort is inconceivable now, and not just in Karnataka. For the prime victim of economic liberalisation has been environmental sustainability. Corporate interests A wise, and caring, government would have deepened the precocious, farseeing efforts of our environmental scientists. Instead, rational, fact-based scientific research is now treated with contempt by the political class. The Union Environment Ministry set up by Indira Gandhi has, as the Economic and Political Weekly recently remarked, ‘buckled completely’ to corporate and industrial interests. The situation in the States is even worse. India today is an environmental basket-case; marked by polluted skies, dead rivers, falling water-tables, ever-increasing amounts of untreated wastes, disappearing forests. Meanwhile, tribal and peasant communities continue to be pushed off their lands through destructive and carelessly conceived projects. A new Chipko movement is waiting to be born. (Ramachandra Guha’s books include How Much Should Consume? He can be reached at ramachandraguha@yahoo.in) 28 a Person Polluted skies, dead rivers, disappearing forests and displacement of peasants and tribals are what we see around us 40 years after the Chipko movement started Mission accomplished In what counts for one more extraordinary achievement in space science, the Mars Curiosity rover launched by NASA scientists has found strong evidence of habitable conditions that once existed at the Yellowknife Bay area in Gale crater. These reconfirm that certain regions on Mars have had favourable conditions that could have supported life some three billion to four billion years ago. This is a step closer to discovering the Holy Grail — a planet capable of supporting life. A week ago, the rover’s mast camera found evidence of water-bearing minerals in veins that cut across the Knorr rock at several places. The finding comes close on the heels of the March 12 major discovery of smectite clay mineral by chemical analysis of a John Klein rock specimen drilled by the rover. The presence of smectite clay, which constitutes nearly 20 per cent of the sample analysed, is a definite indicator of the presence of liquid water on Mars long ago. The chemical analysis revealed many other details of the paleo-environment. For instance, the absence of abundant salt suggests “a fresh-water environment,” and the presence of calcium sulphate reinforces the non-acidic depositional conditions. The John Klein rock did reveal certain clues even prior to drilling. The rock was grey and the powdered sample had the same colour. Together, they indicate the absence of iron compounds, and hence the non-acidic depositional environment. The discovery of other elements — sulphur, nitrogen, hydrogen, oxygen, phosphorus and carbon — through chemical analysis reinforces the possibility that the planet could have harboured life. After all, these elements are considered the “key chemical ingredients for life.” Chemical analysis of another rock sample that will be soon drilled will confirm these findings. Mars is today a cold and dry place and has conditions that are decidedly hostile to life. Even if slim, the possibility that Mars once harboured life cannot be ruled out, particularly after the latest discoveries. Behind this achievement are a series of firsts and remarkable technological milestones. The safe landing of the rover, a self-contained science laboratory on six wheels, using an “outlandish” design was the first. But by drilling into Martian rock to collect a sample, Curiosity became the first rover ever to fructify the ideas that were once in the realm of science fiction. Together with its ability to grind and sieve the sample before chemically analysing it using a suite of advanced instruments, the discoveries it has made so far underline how far we have come in using technology for studying the wider universe of which we are but a small part. 29 Gender justice, interrupted The adoption of the Criminal Law Amendment Act 2013 by the Indian Parliament is a moment to be neither celebrated nor mourned. It is a moment to pause and reflect over what exactly has been achieved ever since the Delhi gang rape and murder of the 23-year-old student, and what has been lost. The Act converges with the recent global spotlighting of violence against women, including the adoption of a declaration on the elimination and prevention of violence against women and girls at the recently concluded U.N. Commission on the Status of Women in New York. Both these interventions highlight how the safety and security of women and girls around the world remains an elusive goal. Two formulas The specific question that arises is just exactly how state and non-state actors achieve this goal. There are at least two dominant formulas that have emerged in this arena over the decades. The first is a rights agenda, where the rights of women and others oppressed by sexual violence are specifically recognised and then a legal and policy agenda for protecting these rights formulated. The rights to equality, bodily integrity and sexual autonomy, freedom of speech, including sexual speech, and safe mobility, would be amongst those rights to be foregrounded and secured. The Verma committee, mandated with the task of recommending legal reforms to ensure women’s safety, in part adopted this approach. The right to consensual adult sexual relations was the key area to be protected from discrimination and infringement through the adoption of a broad array of legal, policy, and educational initiatives. The second approach is to foreground the state’s role in ensuring the safety of its citizens by strengthening its security apparatus, including border controls, intensifying the sexual surveillance of citizens, disciplining the sexual behaviour of individuals and regulating and monitoring sexual conduct through law enforcement agencies. While autocratic states already pursue this route, there is a worrying trend of liberal democracies also adopting such an approach, including India. The move towards equating justice with the imposition of the death penalty or stringent prison sentences constitutes the lynchpin of this approach. At least two factors have facilitated this approach towards security. Ever since the global war on terror, states have been accorded a justification for curbing human rights in the interests of the security of the nation and its citizens. Rendition, water boarding, incarceration without due process, have all been justified on this ground. A second factor is that non-governmental organisations, including those women’s groups with a zealous focus on the issue of sexual violence against women, have not paid sufficient attention to 30 the promotion of women’s sexual rights, except for some forays into the area of reproductive rights. This focus on violence against women has been warmly welcomed by dominant players in the international legal arena. Global violence against women has been recognised as a human rights violation; rape has been incorporated as a war crime in the Rome Statute; and sexual violence in conflict and post-conflict has been specifically addressed by Security Council resolutions. While the focus on violence is important, the mechanism through which it has been addressed has not necessarily been empowering for women. These interventions have not destabilised the dominant understanding of women as victims and female sexuality as passive; nor have they toppled the gender stereotypes that inform all of these initiatives. The constant justification for a focus on the criminal law to address violence against women has been that prevention will take time. However, criminal law initiatives that further entrench a sexually sanitised regime fail to distinguish between sexual speech and unwelcome remarks, and target all sexual behaviour that does not conform to a sexually conservative script as reprehensible, make the battle to centre rights all that much harder. The new law in India retains the language and provisions dealing with the “outraging of the modesty” and chastity of a woman and then simply expands the range of activities that threaten or blemish this antiquated understanding of female sexuality. This approach cannot be a recipe for empowerment nor foster progressive change in thinking on matters of sex and sexuality. Perhaps the most significant and pervasive issue left unaddressed by the new law is the everyday sexism that pervades the workplace, the public arena, the media and the educational system. No amount of censorship of sexual images can address the problem of sexism, the performance of which was on full display in the Indian Parliament during the debates on the new law. While sexual harassment, including unwelcome sexually coloured remarks, is criminalised, a focus on deterrence does not eradicate sexism nor produce respect for women. It merely empowers the state and the criminal law. Unchallenged stereotypes Leaving sexism and gender stereotypes unchallenged is likely to have a boomerang effect. The new laws will be used to go after individuals and communities who transgress or challenge established norms, or are already sexually stigmatised, marginalised, and viewed with suspicion. Sex workers rights groups have criticised the new anti- trafficking provisions that treat every sex worker as trafficked. Merely extending the tentacles of the criminal law into their everyday lives without affording them rights with which to fight the violence and the exploitation they experience will force these women into more clandestine and exploitative situations and, ironically, increase their vulnerability to being trafficked. Similarly, gay men might be left with little 31 protection from the sexual violence they experience as they have not been accorded the right to consensual sexual relationships. In fact, the new sexual regime will leave them more vulnerable to allegations of criminality, perversion and continued stigma. Muslim men might continue to be targeted as being more rapacious and lascivious especially in the States ruled by the Hindu Right. Female migrants will be targeted as trafficked victims and continue to be incarcerated in the name of protection; and young people will continue to have “pre-marital” sex, clandestinely, and often under unsafe conditions, now that the age of statutory rape has been retained at 18. The exclusion of marital rape from the purview of the new law reinforces the sexual prerogative of husbands, leaving some women wondering why they should get married if it means they would enjoy fewer rights. And the fundamental question remains whether this expanded legal edifice will be able to stop the kind of attack that occurred on the Delhi bus last December. The reactions to the U.N. Declaration and debates on the new criminal law in India furnish telling insights on the extraordinary levels of resistance to the very idea of the right to sexual autonomy and gender justice on the part of dominant groups, and the subsequent scramble to reinforce the rights of an already overprotected male elite. In New York this was evident in the debate on the declaration. The Muslim Brotherhood claimed that the declaration would lead to a “complete disintegration of society” and decried the possibilities of allowing women to prosecute husbands for rape or sexual harassment. Others such as the Vatican were concerned over references to access to emergency abortion, and sexually transmitted diseases. In India, the new law represents a trend in South Asia to equate justice with the death penalty and stringent imprisonment terms. Yet empowerment for women cannot lie in merely attaching a death sentence on to the crime of rape, or increasing the mandatory minimum sentences for rape. How will these measures act as deterrents when indeed such changes will see the already low conviction rate for rape plummet even further? Empowerment rests in the ability of women, sexual minorities, and religious minorities to be able to walk on the streets free from the fear of sexual violence, sexual harassment and rape. The young women and men born in the crucible of globalisation and neoliberal economic reforms are unlikely to be discouraged from demanding a gender-friendly and egalitarian workspace. And there is still a possibility that the new law in India will be challenged in the Supreme Court for violating women’s right to equality as well as excluding sexual minorities from its protection. The protests after the Delhi rape were demanding justice in the form of more freedom not autocracy, respect not fear, and a more egalitarian society, not a reaffirmation of the established gender and sexual hierarchies of 32 power. The old order has definitely been shaken, and its values based on exclusion and prejudice have undoubtedly passed their expiry date. (Ratna Kapur is Global Professor of Law, Jindal Global Law School) Death or longer prison terms for rape under a new law will not empower women; what they need is the safety to walk on the streets free from the fear of sexual violence Picking friends, influencing neighbours Events in the neighbourhood — Mohammed Nasheed’s foray into the Indian Embassy in Male, the dilemma over the issue of war crimes in Sri Lanka, the Shahbhag protests, and violence against Pakistan’s minorities — have sparked off long overdue reflections in the Indian public sphere about New Delhi’s policy in South Asia. There have been suggestions that India must reward “pro-India parties” while punishing the “anti-India” forces in neighbouring countries to force them to realign their incentives as a part of a regional doctrine. Others have despairingly written about how a drift in India has eroded its authority and diminished the instruments at its disposal to implement policy goals outside its borders. The region is indeed in a state of ferment. Most countries are in the process of drawing out a new social contract and institutionalising democracy. Nepal will have elections for a new Constituent Assembly (CA). It will only be the second time Bhutan will vote under a quasi-democratic constitution. This is the first time a civilian government in Pakistan would have completed a full tenure. And the Maldives will seek to get back on democratic track after a constitutional and political breach if elections are free and fair. Marginalised and excluded social groups are fiercely asserting themselves in some instances, like Nepal, while, in other cases, the conservative majoritarian backlash has trampled on minority rights, like Sri Lanka and Pakistan. But the specific junctures at which these countries find themselves cannot force one but to ask – is a regional doctrine possible? Can it cope with the fluid political dynamics? And given India’s complicity in creating the domestic churning in these states (New Delhi was an active player in 1971 in Dhaka, in 2006 in Kathmandu, in 2008 in Male, and in the run-up to 2009 in Colombo — the consequences of which we see today), is it correct to see India as the virtuous power and others merely as troublesome immature allies? This is an attempt to search for an answer by looking at India’s experience in a country where it has been deeply enmeshed — Nepal. Simplistic binary 33 In 2003, the Nepali Maoists were waging a war, and rallying against Indian “expansionism.” New Delhi was pumping in equipment and resources to the Royal Nepalese Army (RNA) in its anti-Maoist campaign. But quietly, the Maoists had approached the Government of India through Professor S.D. Muni of Jawaharlal Nehru University. The then National Security Adviser (NSA), Brajesh Mishra, asked for a written commitment. The Maoists sent a letter, emphasising that they would not hurt Indian interests. Indian intelligence agencies then established links with the Maoist leaders. The Maoists told India they would accept a multiparty system. India constantly emphasised that the giving up of violence, accepting democracy, and sensitivity to Delhi’s security interests were non-negotiable points. The conversation had major implications when the king took over in a coup in 2005. The Maoists now pushed for an alliance with the democratic parties, and asked for India’s support. Indian facilitation enabled the two to come together. A war ended, democracy was restored, the monarchy abolished, the Maoists and Naxalites were delinked, and the conflict’s spillover effect to India ceased. If one had gone by the public posture, the Maoists were an “anti-India” force. If India had not engaged with them, and adopted a black and white prism, would Nepal be at peace today? Which force, in contexts where there is a huge gap between public rhetoric and actual political line, and where positions rapidly evolve, is pro- or anti-India? Who judges it, and how? Fast forward to 2009. India supported the Nepal Army chief, when Maoist Prime Minister Prachanda sought to dismiss him. Prachanda resigned, and stepped up the rhetoric against Indian “intervention.” India, led by a particularly aggressive ambassador in Kathmandu, invested enormous political capital in keeping the Maoists out of power, despite the former rebels being the biggest party in Parliament. New Delhi’s bottom line was clear. Unless the Maoists gave up their army, who were in cantonments under U.N.-supervision as a part of a peace process, they would not be allowed to come back to power. The Maoists reached out to India with a one-point message. “Once we are back in power, we will wrap up the peace process.” But the Indian “hard line” persisted, strengthening Maoist radicals who argued that aborting the revolution was a mistake. New Delhi paid a high political price, and got a lesson in the limits of its power. India’s role generated resentment among a sizeable section of the Nepali public. The Maoists backed a leader of another left party, who was also in India’s bad books for engaging with the former rebels, as Prime Minister in February 2011. New Delhi was confronted, for the first time in years, by a government in Nepal which was not “friendly.” This forced New Delhi to recalibrate its policy; personnel change in the Ministry of External Affairs and 34 the Research and Analysis Wing helped; and it did not block a Maoist Prime Minister coming to power in August 2011. The Maoists too had to give up their anti-India rhetoric and recognised the benefits of being on Delhi’s good side, but India too had to live with the fact that the former rebels cooperated on the peace process only after returning to power. Renewed engagement worked, and as seen in a recent conclave, the Maoists have now fully embraced democracy, and given up violence and revolutionary goals. The point here is that as “realistic” and macho a prescription of “punishing” seemingly hostile forces sounds, it ignores the point that forces which are “anti-India” may have sizeable domestic bases. It blurs the line between forces critical of a set of Indian policies with those who actively damage Indian interests and places them under a common category. It awards excessive powers to bureaucrats on the ground who may send cables back home declaring who is pro- or anti-India without adequate basis and get away in the absence of close political supervision. It discounts the benefits of a policy of engagement rather than isolation to realign incentives. And it presumes that only neighbours need India, and India can afford to turn away when a neighbouring regime is not completely pliant. Intention or capacity On May 27, 2012, India decided to stay out as Nepali forces fought over federalism as the CA’s tenure was about to expire. The new republic’s president and conservative forces asked Delhi to tell the Maoists and Madhesis to give up the demand for federalism “for now.” Federal forces asked India to convince the Opposition to accept their model of state restructuring. If New Delhi had invested all its might to push one side or the other, Nepal may have had a constitution. But it did not, for it concluded that such a statute will not have the buy-in of a large segment of the population. It had the capacity but it did not have the intent to get involved in a debate which had divided Nepali society sharply. New Delhi’s diplomatic, intelligence, military and political arsenal will continue to expand. But a deeper issue that policymakers have to grapple with is whether to use the leverage they do possess, at what moments, and its implications. Should New Delhi let domestic political processes play out in neighbouring countries to ensure a more sustainable outcome? Does India want to remain an active domestic political player in South Asian countries and live with its attendant consequences, or is it willing to do business with whoever is in power as long as its core interests are protected? Does the Indian state’s imagination, and interests, allow it to intervene decisively to shape human rights debates? And in a fragile post-conflict setting like Nepal which would shake up the leadership and structure of the country’s two most 35 powerful forces, the Maoists and Nepal Army, which are friendly with India at the moment, for war crimes? A regional doctrine may be a good idea. But specific experiences show this cannot be based on a shallow reading of who is friend and foe. Nor can a normbased regime be created unless India radically overhauls its own internal apparatus, imagination and interests, and has the appetite to get further enmeshed in messy neighbourhood transitions. prashant.j@thehindu.co.in India has been pursuing an ambitious regional doctrine, but it has often failed because of a shallow reading of who its friends and foes are Martyrdom does not help Sri Lanka’s Tamils I read with much sorrow that Vikram, 30, set himself on fire and died in a hospital. He was the second such victim of the new campaign in Tamil Nadu for Eelam. The first was Mani, 41, from Cuddalore who set himself ablaze on March 4. Mani and Vikram will be remembered only when the numbers have to be counted if there is another self-immolation. But wait, where do they want this Eelam established and for whom? The separate State cannot be for Tamil Nadu. It cannot be for anybody there, nor for those students who are fasting and agitating. The Dravida Munnetra Kazhagam (DMK) raised a separatist demand for a “Dravida Nadu” many decades ago, but had to give up its call as, after the creation of linguistic States, there were no takers for Dravidian separatism. In 1963, the DMK officially dropped its demand. Murasoli Maran had said, “I am Tamil first, but I am also an Indian. Both can exist together, provided there is space for cultural nationalism.” A leading theoretician in the DMK, Era Sezhiyan, had said it was more practical to demand a higher degree of autonomy for Tamil Nadu, instead of a separate State. The “Eelam” demanded by students, activists and political groups in Tamil Nadu, in the name of Tamils in North-East Sri Lanka, has no takers in postwar Sri Lanka. It was a group of U.S. citizens, “Tamils who have settled in the U.S. or who were born in the U.S.,” as they introduced themselves, who first appealed for a referendum in Sri Lanka, supervised by the U.N., as in East Timor. Calling themselves, “Tamils for Obama,” they argued that “genocide” against Tamils living in Sri Lanka can be prevented only through creation of a separate Tamil State. 36 Genocide is a much abused word in protests and rallies in Tamil Nadu on Sri Lanka. In the U.N. Convention on the Prevention and Punishment of the Crime of Genocide, it is explained in Article II: “...acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group....” amount to genocide. Census, election facts According to the 2012 census, post-war Sri Lanka’s first, there are 2.27 million Sri Lankan Tamils (excluding Tamils of Indian origin) living permanently in the country; in 2011, within Colombo city, there were 7,53,000 (almost 29 per cent) Sri Lankan Tamils, with another 2.2 per cent Tamils of Indian origin. It could be more now with internal migration. Over 2,07,000 out of the total Tamil population, about 10 per cent, live in Colombo and adjoining DehiwalaMt. Lavinia alone. Can that be, in a genocidal situation? In post-war North and East, Tamil people, like Sinhala and Muslim people, have been voting in presidential and parliamentary elections. In the 2010 parliamentary election, the people of Jaffna voted 48 per cent for the Tamil National Alliance (TNA) and elected five out of nine MPs, while in the Vanni, where there is a Muslim vote of about 26 per cent, Tamils voted 38.9 per cent to the TNA and elected three out of six MPs. They have also voted at local government elections to have their own third tier of governance. The TNA won 24 out of the 32 local government bodies for which elections were held in 2011 in Jaffna, Kilinochchi and Mullaitivu districts. And in the East, they have voted in Provincial Council (PC) elections twice — in 2008 and 2012. In the recent PC elections in the East, where the demography is Tamil 40.2 per cent, Sinhala 22.3 per cent and Muslim 36.5 per cent, the Tamil people almost voted en bloc for the TNA to emerge a strong opposition with 11 Councillors. Heavy militarisation Can all that happen in any society that is being ethnically eliminated or cleansed? Can it happen if there is any “genocide” of the Tamil people in the north-east? What the Tamil people are living through in Sri Lanka is not genocide. Rather, they are living through the atrocity of heavy militarisation. What is not taken note of in Tamil Nadu is that this militarisation is extending beyond Tamil society and is a common factor for both the Northern Tamils and Southern Sinhalese. In about three months, 4,000 out of over 7,000 schools in the South will have gazetted military officers as principals. The whole of Colombo is being taken care of by the military. The Urban Development Authority is now under the Defence Ministry, which is now the Defence and Urban Development Ministry. 37 For democratic space There is now no validity or possibility for a separate Tamil State in Sri Lanka. What is valid is the demand that Tamil people should have their own civil and voluntary organisations in their own areas. In a land where war has torn the entire social fabric apart, what political mechanisms, what social structures could take up the challenge of establishing a new State? What is now valid is the demand for democratic space for participation within the State that could be restructured for sharing of political power; political power for “Tamil Nationalism” as interpreted by the DMK in 1963, perhaps even for “Internal self determination” interpreted by Dr. Anton Balasingham, when the LTTE agreed to the “Oslo Declaration” in December 2002. The recommendations of the Lessons Learnt and Reconciliation Commission should be given political weight and a devolved mechanism put in place. The Final Report of the All Party Representative Committee (APRC), a committee appointed by President Rajapaksa, has for the first time gained a southern Sinhala consensus for power sharing. All constituent parties in the ruling United People's Freedom Alliance (UPFA) have agreed on the APRC’s Final Report, which proposes devolution far beyond that in the 13th Amendment, with a bicameral parliament, accommodating provincial representation in the upper chamber. It also proposes nationally elected Committees for Muslims outside the East and for Tamils of Indian origin, to represent them in matters of cultural importance. The diaspora groups have their own agenda and their politics has nothing to do with their kin in Sri Lanka. If the people of Tamil Nadu want to be in sincere solidarity with the Tamils in Sri Lanka, they need to tag their demands to those being politically debated in Sri Lanka. Solidarity is not about outsiders coercing their own governments to impose their demands on the Tamil people in Sri Lanka. Therefore, Tamil Nadu should shed its extremism and demand that New Delhi get President Rajapaksa to table the APRC Final Report in Parliament. A broad consensual formula on power sharing, with the TNA being allowed to sit in the Parliamentary Select Committee, would be the only constitutional process to have a permanent solution to the Tamil conflict. The present extremist anti-Sri Lanka campaign in Tamil Nadu does not help achieve any solutions for the Tamils and makes no martyrs out of innocent, self-immolating victims in Tamil Nadu. Giving space for a healthy, intelligent debate on how to move ahead is the responsibility of the mainstream Tamil Nadu media. (Kusal Perera is a Sri Lankan journalist and political commentator based in Colombo.) 38 The energy of Tamil Nadu’s Eelam backers would be better spent demanding that New Delhi find ways to push the domestic Sri Lankan debate on power sharing Motion and emotion Is it right for Indian legislators to advocate a referendum for the break-up of a neighbouring country? Politicians in Tamil Nadu spearheading the campaign against Sri Lanka for human rights abuses by its military in the final stages of the war with the Tamil Tigers seem to think so. India is deeply involved in the efforts for the resettlement and rehabilitation of Sri Lankan Tamils displaced by the war. But, going by the resolution adopted by the Tamil Nadu Assembly demanding a referendum on Eelam and calling for economic sanctions against Sri Lanka, regional political parties in Tamil Nadu are keener to score points off each other than aid India’s purposive, if somewhat limited, attempts at bettering the lot of the Sri Lankan Tamils, many of whom are still without homes and means of livelihood. The legislators want India to move the U.N. Security Council seeking a referendum among Tamils living in Sri Lanka and the Sri Lankan Tamil diaspora on creation of a separate nation of Tamil Eelam. Apart from the sheer bad taste and bad judgment involved — India would violate every principle it has stood for were it to approach the Security Council with such a demand — the motion can only do more harm than good to the Tamils of Sri Lanka. A partition will doubtless create more displacement and inflict more pain on a battered people already suffering from the effects of a decades-long ethnic conflict that ended only in a war that appears to have killed more civilians than armed combatants. Indeed, any position that makes the assumption of irreconcilable differences between the Sinhalese and the Tamils is doomed to failure. The Assembly resolution further wants India to stop calling Sri Lanka a “friendly nation.” What good that would do is unclear. In effect, what Tamil Nadu’s politicians seem to want is for India to surrender its leverage, cut off economic and cultural links with Sri Lanka and leave for itself no means of influence other than that of armed might. But if its Sri Lanka policy is not to merely tail or turn away from the agenda-setters of Tamil Nadu, India must push Colombo to honour its past commitments and do more for devolution of powers, including financial and police, to the Tamil areas in the north and east on the basis of the 13th amendment to the Sri Lankan Constitution. India has a responsibility to ensure that Sri Lanka delivers on this commitment quickly and sincerely. Elections to the Tamil-majority Northern Province, which are supposed to be held this September, present an opportunity for Sri Lanka to expand on the 13th amendment and end the inequalities and injustices that formed the original basis for the ethnic conflict. 39 Aakash is no silver bullet The last few days have brought the Aakash tablet back into the media limelight. Last Friday, Human Resource Development (HRD) Minister M.M. Pallam Raju said that troubles with the manufacturer could doom the project. But the next day, former HRD Minister Kapil Sibal, who started the project, denied Mr. Raju’s comments. He further added: “I want public services to be delivered through Aakash. I want Aakash to be a platform for 1.2 billion people.” Before Mr. Sibal sets more ridiculous targets and spends taxpayers’ money on them, he needs to be stopped. His fanciful ideas are wrong. First, there is no evidence that a tablet can solve any of the problems that he claims it can. Second, it is not clear how it will ever be able to produce a laptop that costs less than $35. Root of the idea The idea for the Aakash tablet and troubles that the project brings with it have both been inherited from the One Laptop Per Child (OLPC) project launched in 2005 by Nicholas Negroponte of Massachusetts Institute of Technology. OLPC’s hope was that empowering children in the developing world with computers connected to the internet will help them learn faster, develop better skills and reach their full potential. But there were problems with the idea right from the start. First, it hadn’t been tested on a large enough population to make a reasonable cost-benefit analysis. Second, the project claimed that scaling up production will reduce the cost of each laptop below Rs.5,400 ($100), though they weren’t sure how. Third, OLPC thought better education was the panacea to all problems irrespective of a country’s needs. Despite these issues, OLPC received backing from the United Nations Development Programme in 2006. With this stamp of approval, its large-scale implementation began. About eight years after its launch, the results are in and OLPC hasn’t done so well. Tested in Peru Peru was the site of the largest experiment. More than 850,000 laptops were given out at a cost of Rs.108 crore ($200 million). In treatment schools where the number of laptops per child was increased from 0.12 to 1.18, a report by the Inter-American Development Bank found that OLPC failed in its goals. Test scores in languages and maths remain dismal. Enrolment isn’t higher than what it was before. 40 A 2010 study in Romania, another middle-income country, found that those children who were given laptops were, not surprisingly, more proficient in its use. But they did not score anymore in exams than those who didn’t have computers. Even in a low-income country like Nepal, a small-scale study produced the same results. Furthermore, the price of each laptop, up until 2010, remained at more than Rs.10,000 ($200). More than 20 lakh laptops have been handed out so far. Berk Ozler, senior economist at the World Bank, argues that OLPC is a mess. A report by Mark Warschauer and Morgan Ames of the University of California Irvine, says: “Unlike Negroponte’s approach of simply handing computers to children and walking away, there needs to be integrated education improvement efforts.” It is not clear how governments all around the world fell for the scheme that is backed by little evidence. OLPC’s latest victim is India, even though Aakash is not a laptop. Mr. Sibal, like Negroponte, considers Aakash to be the panacea to all problems. It’s not just that. Mr. Sibal also wants Aakash to be the cheapest tablet. This has proved to be a major hurdle. Datawind, a Canadian company, won the tender to provide tablets at a cost of less than $35. Its first version failed miserably because of poor hardware. The newer version seemed more promising, but it looks like Datawind will default on its promise to deliver 1,00,000 units by March 31. Even if the government somehow, however difficult it may seem, is able to get access to cheap tablets, they are not going to help achieve its aims. Can a laptop overcome the negative impact of a bad teacher or poor school? Can it make children smarter despite the lack of electricity, water, toilets or playgrounds? Can it overcome the limitations of stunted growth among the malnourished? Can Aakash increase productivity of the workforce to counterbalance the money invested in it? There is no evidence that it can do any of these things. And yet, the National Mission on Education through Information and Communication Technology “strongly hinges around a low-cost device through which the content created can reach the learner.” This adoption of OLPC’s main idea is fraught with problems. Warschauer and Ames rightly argue that handing out laptops, or in India’s case, tablets, ignores the local context and thus avoids solving any of the targeted problems. Right now when government officials are themselves confused over the future of Aakash, it is important to step back and analyse the reasons for pressing forward with a hopeless idea. Without concrete evidence, it would be foolish to continue. 41 (Akshat Rathi is a science and technology journalist based in the U.K. Email: rathi.akshat@gmail.com ) The government needs to open its eyes and realise that the technological utopia it envisions in the low-cost tablet is no cure for poor education, poverty or inequality Starving to live, not die Over the past 12 years, Irom Sharmila Chanu has carried on an inconceivable hunger strike, which has seen her body wither and her skin turn pale. During this period, she has emerged as the face of the civilian resistance to the immunity, and impunity, granted by the Armed Forces (Special Powers) Act to the army in Manipur. The Indian state has done its part to disfigure that face, by exhibiting either an inability or unwillingness to meet Sharmila’s demands. Today, it is impossible to think of Sharmila without recalling images of the feeding tube that has been forcibly thrust down her nose to keep her alive. However, the repeal of AFSPA and justice for the 10 civilians who were shot dead in November 2002 by the Assam Rifles in supposed retaliation to an attack by insurgents in Malom, Manipur — which triggered Sharmila’s protest — still remain elusive. Instead, Sharmila’s dissent expressed via her fast unto death has repeatedly been viewed as criminal. Sharmila has put the Indian state in a peculiar position, by reconfiguring the dynamics of power through a public sacrifice of her body. Should the state, as it has done so far, view her indefinite fast through the lens of criminality and consider it “an attempt to commit suicide,” when Sharmila has unequivocally asserted her love of living? Or is it incongruous to do so, especially when the Supreme Court, in its recent and much-hailed intervention in the Ram Lila Maidan protests against corruption, has recognised that “hunger strike is a form of protest which has been accepted, both historically and legally in our constitutional jurisprudence”? In fact, Sharmila’s hunger strike is an area of stark legal vacuum. When there is a conflict between her freedom of expression and the Indian state’s interest, and perhaps duty, in keeping her alive, can a balance between these conflicting ends be struck without criminalising Sharmila’s actions? The history Examples of hunger strikes used as an expression of dissent are copious; the suffragettes used them in their campaign seeking the vote for women in England during the early 20th century. Hunger strikes around the world have typically, though not exclusively, been waged by prisoners. Such was the case when some imprisoned Irish Republicans famously went on a hunger strike in 1981 to protest British rule of Ireland, leading to the death of Bobby Sands and 42 nine others. Prisoners tend to use hunger strikes as a mode of protest, either to advocate a cause disagreeable to the state or to express their dissent against what they believe to be a wrongful conviction. In the former category fall cases like that of Marion Wallace Dunlop, a pioneering suffragette who was sent to prison for printing an extract from the Bill of Rights on the wall of St. Stephen’s Hall in the House of Commons. In prison, Dunlop commenced a hunger strike to continue her protest seeking the right of women to vote. In the latter category fall prisoners like William Coleman, who has been on a hunger strike lasting almost five years in a jail in Connecticut, U.S., to protest what he believes to be his wrongful conviction. Since the global trend has been for persons already imprisoned to resort to a hunger strike, this mode of protest has usually been viewed abroad as a prisoners’ rights issue. The state’s response of force-feeding prisoners has been considered by some as being tantamount to torture and an unacceptable intrusion in the autonomy of the prisoner, akin to rape. However, India’s own experience with hunger strikes, which has been very well documented, has shown that viewing the issue through a prisoners’ rights framework is ill-advised. Our freedom fighters, Mahatma Gandhi in particular, developed and perfected this non-violent form of protest as a facet of satyagraha, and although several hunger strikes were carried out by freedom fighters during periods of incarceration, the resort to this mode of protest has never been an exclusive domain of the imprisoned. For instance, Potti Sreeramulu, a freedom fighter and Gandhian, fasted to his death, in seeking the creation of a separate State of Andhra Pradesh in independent India. The Narmada Bachao Andolan movement witnessed hunger strikes in 2002 to protest the construction of dams over the Maan River in Dhar, Madhya Pradesh. More recently, Anna Hazare and his associates carried on hunger strikes against corruption. All of these protests were, and continue to be, carried on for the large part, outside the walls of prison. For this reason, a prisoners’ rights framework may, by itself, be insufficient to view the legality of hunger strikes in India. Attempted suicide? An alternative way to analyse hunger strikes, especially fasts unto death, is through the framework of a constitutional right to die. In India, not a little morbidly, this argument seems to have reached a “dead end.” Although the Supreme Court in P. Rathinam v. Union of India (1994) initially asserted that the Indian constitutional guarantee of a fundamental right to life carries with it a fundamental right to die, subsequent decisions in Gian Kaur v. State of Punjab (1996) and Aruna Shanbaug v. Union of India (2011) overruled that view, and it is now conclusively established that Indian citizens do not have a 43 fundamental right to die. InGian Kaur , the Supreme Court upheld the validity of Section 309 of the Indian Penal Code, which criminalises the “attempt to commit suicide” (i.e. the provision under which Sharmila has been charged, and previously convicted). In Shanbaug , the Supreme Court allowed only for a highly circumscribed right to approach courts to seek withdrawal of life support systems for patients in a permanent vegetative state. Thus, it appears futile to argue that Indian citizens have a right to fast unto death when, according to the apex court, they have no right to die. However, this does not automatically mean that the undertaking of fasts unto death is criminal or that one does not have a fundamental right to hunger strike of a definite period where there is no danger of death being caused. One may not have the right to do something, but to do it nonetheless needn’t be criminal. In independent India, the resort to hunger strikes has usually, though with some exceptions (such as the hunger strike by prisoners within a jail), not been viewed through the lens of criminality. For instance, Potti Sreeramulu was never considered criminal or suicidal by the Indian state for his fatal hunger strike. Anna Hazare likewise has undertaken several indefinite hunger strikes for various causes, but has never been perceived as a criminal on this account. The most prominent example of the Indian state criminalising a fast unto death per se is that of Sharmila’s. If we really believe rape is as vile as we have recently claimed it to be, then would it be just to treat Sharmila’s strike against AFSPA, a law that shields rapists from prosecution, differently from Hazare’s strike against corruption? More importantly, would it be just for a society’s laws to selectively criminalise hunger strikes depending upon the objectives such strikes seek to achieve? This brings us to the question of whether Sharmila’s case, and more generally fasts unto death, are appropriately viewed as “attempts to commit suicide” under Section 309 of the Indian Penal Code. Any criminal offence, barring certain exceptions, requires the proof of a mens rea , or the existence of a guilty mind. Sharmila has been fasting not with an intention to die, but with an intention to achieve a desired result from the state. Her refusal to consume food or water can be criminalised only if she has acted in furtherance of a conscious endeavour to commit suicide. In the absence of such conscious endeavour, to accuse and prosecute her for an offence under Section 309 is misconceived. Freedom to express The questions of whether to treat Sharmila as criminal and whether the state should be allowed to force-feed her are distinct. As misguided as Sharmila’s prosecution may be, the question regarding the legality of nasally force-feeding her to keep her alive still remains open. The Supreme Court has, on the one hand, held that the threat of going on a hunger strike extended by Baba 44 Ramdev at Ram Lila Maidan, cannot be termed illegal. Presumably, this right that the court spoke of flows from a citizen’s right to freedom of expression. That right is subject to “reasonable restrictions” in the interest of the sovereignty and integrity of India, public order, decency, morality, or in relation to contempt of court, defamation or incitement to an offence. If Sharmila’s fast unto death is essentially an exercise of her fundamental right to freedom of expression, the state, in force-feeding her, may presumably be acting in furtherance of its right to impose reasonable restrictions as permitted by our Constitution. However, force-feeding, even if conducted in a humane and largely non-intrusive manner, has been widely considered to be tantamount to torture. Even though the state might merely be imposing restrictions that are reasonable within the meaning of Article 19 of the Constitution, the measure might nonetheless be a violation of Sharmila’s right to life and personal liberty under Article 21. In our opinion, fasts unto death occupy an area of legal vacuum that offer no easy solutions. Should the state allow Sharmila to die and, in the process, abdicate its duty to protect life? Or must it resort to force-feeding her, even though such actions hit at the core of her bodily integrity? While neither offers a perfectly tailored legal solution, what is certain is that a balance ought to be struck between these starkly conflicting ends without criminalising Sharmila’s actions. For, to do so would be tantamount to stigmatising an exercise by a citizen of her right to freedom of expression in advocating a particular cause when other citizens have used the freedom in exactly the same manner without suffering prosecution, simply because they advocated causes of a different, and less complex, nature. (The authors are advocates practising in the Madras High Court) When the Supreme Court has recognised the right to go on hunger strike, why is Irom Sharmila’s protest against impunity of the armed forces a criminal act? Reinventing libraries More than the spread of e-books, poor infrastructure and pathetic services are endangering the future of libraries in India. The role of public libraries in particular is fast shrinking and they hardly meet their community objectives. In a recent written reply in the Lok Sabha, the government tried to provide some hope by pointing to the creation of the National Mission on Libraries and the enhanced allocation of Rs 400 crore in the Twelfth Five-Year Plan to strengthen the library movement. The National Mission, which was set up a year ago, is a welcome initiative and its ambitious objectives could help rediscover the importance of libraries. But the question is how the new mission would succeed where earlier initiatives and committees failed. For the last four 45 decades, the government had tried various projects to modernise libraries, introduce information technology to improve services and interlink libraries. It even established the Raja Rammohun Roy Library Foundation, a central autonomous institution to build a national system and provide assistance to libraries across the country. Though these initiatives ushered in some progress, there is still a lot left to be done. The state of the National Library in Kolkata is a case in point. The Comptroller and Auditor General's report (2010) severely admonished this premier and Centrally funded institution for its lack of professionalism and poor service. Inordinate delays in the processing of procured books denied users the benefit of reading three lakh books and in 40 per cent of the cases, the library did not issue books to readers despite these being available on the shelves. In the past 10 years, the library has digitised only about 9000 books and, worse, damaged many of them in the process. Funding is not a major impediment to improving libraries as is usually made out. Most local bodies levy a library cess as part of property tax and collect large sums of money. Unfortunately, they do not transfer the amount towards library improvement. There are instances in States such as Andhra Pradesh where concerned citizens have often moved the courts to ensure local libraries get their due share. The shortcoming is in providing service and demonstrating commitment. Hence, the priority has to be on finding ways to improve our libraries rather on creating new rules and hierarchies. Equally important is the need to reinvent libraries as public spaces that host multiple functions such as art exhibitions and small assembly areas. As a community node, they could offer free and easy access to more digital content and help bridge the knowledge divide. This would enhance their importance and social role, and keep them relevant for decades to come. 46