Professional Documents
Culture Documents
Pinaka
is ca-
pabl e
to in-
corpo-
r a t e
several
t ypes
of warheads, which make the
weapon deadly for the enemy
as it can even destroy solid
structures and bunkers.
Human Rights Day Human Rights Day Human Rights Day Human Rights Day Human Rights Day
Human Rights Day was ob-
served across the world on 10 De-
cember 2013 to bring to light the
Universal Declaration of Human
Rights. 2013 Theme of the day is 20
Years Working for Your Rights. NHRC
in India organized a programme in
New Delhi on this Day.
You will be provided current affairs on various important topics on a weekly basis.
Important national and international news from various sources at a single platform for your
convenience.
Each and every topic will be given point wise , making it easier to grasp.
Very handy when it comes to various competitive exams..
Planning Commission
Ministry of External Affairs
National Portal of India
National
International
Economy
India And The World
Sports
In The News
Science and Technology
Burning Issues (Editorials From Different Newspapers)
You will get (52 Issues) PDF Only no Hard Copy
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The challenge of The challenge of The challenge of The challenge of The challenge of
5 per cent growth 5 per cent growth 5 per cent growth 5 per cent growth 5 per cent growth
Indias GDP grew at 4.8 per cent
for the second quarter of the current
year, July-September 2013. The data,
released by the Central Statistics Office
on Friday, are entirely in line with ex-
pectations. Together with the 4.4 per
cent clocked in the first quarter, which
marked a four-year low, economic
growth during the first half of the year
has been a meagre 4.6 per cent.
Policymakers are banking on much
higher growth rates in the vicinity of
5.5 per cent during each of the re-
maining quarters to pull the economy
out of the sub-5 per cent growth trajec-
tory. In 2012-13, the economy grew by
5 per cent, the lowest annual rate of
growth in a decade. Companies shelved
their investment plans in an uncertain
and often adverse policy environment,
while consumers cut back on spending
in the face of high borrowing costs. The
challenge has been to revive investment
demand and spur consumer spending.
There are no easy answers. Great sig-
nificance is attached to the clearance
of stalled and new projects by a special
cabinet committee. However, it is too
early to measure outcomes. Persistently
high inflation and well-entrenched infla-
tion expectations have dragged con-
sumption down.
A more optimistic view is that the
economy has seen its worst, and from
now on a recovery is quite possible.
Supporting this view is the mild upturn
in industry and a sharp pick-up in agri-
culture. Industry rose by 2.4 per cent in
the second quarter from a meagre 0.2
per cent in the previous quarter, on the
back of improvement in the core sec-
tors of mining, utilities and construction.
The revival in exports has certainly
helped in achieving a turnaround in
manufacturing. It grew by 1 per cent in
the second quarter compared to a de-
cline by an identical margin in the first.
Yet, too much should not be read at this
stage into the improvement in this criti-
cal sector. However, agricultural growth
at 4.6 per cent compared to 2.7 per
cent in the April-June quarter might
well be sustained and in fact spearhead
overall recovery in the latter part of the
year. The biggest dampener, however,
is likely to be in one important sub-sec-
tor of services community, social and
personal services. Often considered to
be a proxy for government spending,
its growth rate has slumped to 4.2 per
cent from 9.4 per cent in the first quar-
ter. The government has the unenviable
task of reining in fiscal deficits to within
4.8 per cent without drastically cutting
down on essential government spend-
ing. Without this, a growth rate of 5 per
cent or more will be unattainable.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
An economic agenda for India An economic agenda for India An economic agenda for India An economic agenda for India An economic agenda for India
2020 2020 2020 2020 2020
Setting a 2020 Perspective Eco-
nomic Agenda for India requires clarity
about the framework within which eco-
nomic policy choices have to be made.
There is a wide global consensus today
that democracy and competitive mar-
ket economy provide that framework.
Democracy is a system of governance
by consent of the people. Democracy
has become the trend, the accepted
system of government globally, and it
is spreading worldwide.
Furthermore, devolved democra-
cies better manage contradictions and
conflicts arising out of a heterogeneous
society and provide effective feedback
through an independent press to enable
corrective action by the government. It
empowers people to question the au-
thorities and make them accountable in
an election.
Moreover, the comparative eco-
nomic results in East and West Germany,
North and South Korea, China before
reform and China now, have conclu-
S
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sively proved that a competitive mar-
ket system driven by incentives is supe-
rior to a coercive, state-controlled sys-
tem, and that transparent democracy is
a better system of governance than a
closed dictatorship.
With the disintegration of the USSR
into 16 countries in 1991, the compara-
tive economic development theory has
changed its focus from a study of alter-
native systems to alternative governance
models of democracy, market system
and globalisation, that is, change of fo-
cus from dictatorship vs. democracy,
and state ownership vs. competitive
market, to harmonising freedom and
choice, with regulation, and how much
public sector and how much private, and
how the emancipating and enabling
power of democracy is to be balanced
with the development of a profit-driven
and competitive efficient market
what regulatory democratic institutions
must do to promote the efficient allo-
cation of resources with good, trans-
parent and accountable governance.
Governance norms, if properly
enforced, can enable India to grow at
12 per cent a year by efficiently using
the current 36 per cent rate of invest-
ment by reducing the current incre-
mental capital output ratio from 4.0 to
3.0. This implies a 36 divided by 3 per
cent growth rate in GDP, or 12 per cent
a year, which will mean a doubling of
GDP every 72 divided by 12 years, or
just six years, and that of per capita in-
come doubling every seven years. This
growth rate can take us to the league of
the top three nations of the world, of
the U.S., China and India, by 2020 and
help overtake China in the next two de-
cades thence. That should be the goal
of governance for us today.
India is not yet an economically
developed nation. While it has demon-
strated prowess in IT software, biotech
and pharmaceuticals, accelerated its
growth rate to 9 per cent a year to be-
come the third largest nation in terms
of GDP at PPP rates, it still has a back-
ward agricultural sector hosting 62 per
cent of the people of India. Farmers are
committing suicide unable to repay their
loans, the national unemployment rate
is over 15 per cent of the adult labour
force, and there is prevalence of child
labour arising out of nearly 50 per cent
of the children not making it to school
beyond the fifth standard. The country
has a deeply malfunctioning primary
and secondary educational system, 300
million illiterates and 250 million people
in dire poverty. Indias infrastructure is
pathetic, with frequent electric power
breakdowns even in metropolitan cit-
ies, dangerously unhealthy water sup-
ply in urban areas, galloping HIV infec-
tions, and gaping holes on the National
Highways.
To become a developed country,
Indias GDP will have to grow at 12 per
cent a year for at least a decade. Tech-
nically this is within Indias reach, since
it would require the rate of investment
to rise from the present 28 per cent of
GDP to 36 per cent while productivity
growth will have to ensure that the in-
cremental output capital ratio de-
clines from the present 4.0 to 3.0. These
are modest goals that can be attained
by increased FDI and by use of IT soft-
ware in domestic industry.
Need for more reforms Need for more reforms Need for more reforms Need for more reforms Need for more reforms
But for that to happen, more vig-
orous market-centric economic reforms
to dismantle the vestiges of the Soviet
model in Indian planning, especially at
the provincial level, are required. The
Indian financial system also suffers from
a hangover of cronyism and corruption
that have brought government budgets
to the verge of bankruptcy. This too
needs fixing.
Indias infrastructure requires
about $150 billion to make it world-
class, while the education system needs
6 per cent of GDP instead of 2.8 per
cent today. But an open competitive
market system can find these resources,
provided the quality of governance and
accountability is improved. Obviously,
a second generation of reforms is nec-
essary for all this.
But reforms are urgently required
to be carried out to accelerate Indias
growth rate to 12 per cent a year. India
has many advantages today for achiev-
ing a booming economy: a demographic
dividend, an agriculture that has inter-
nationally the lowest yield in land and
livestock-based products, and also at
the lowest cost of production, a full 12
months a year of farm-friendly weather,
a highly competitive skilled labour force
and low wage rates at the national level,
the advantages of which have already
been proved to the world by the
outsourcing phenomenon. We have a
young population (average is 28 years
compared to the 38 years of the U.S.,
and Japans 49 years) that can be the
base for it by ushering in innovation in
our production process.
Since the worldview of economic
development has now completely
changed, economic development is no
more thought of as capital-driven but
as knowledge-driven. For application of
knowledge, we need innovations. This
means more original research, which
needs more fresh young minds the
cream of the youth to be imbued
with learning and placed at the frontier
of research. Instead, for decades since
Independence we had been told that
Indias demography was its main liabil-
ity, that Indias population was growing
too fast, and what India needed most
was to control its population, even if by
coercive methods. Globally, India to-
day leads in the supply of youth per-
sons in the age group of 15 to 35 years
and this lead will last for another 40
years. We should not, therefore, squan-
der this natural resource. We must, by
a proper policy for the young, realise
and harvest this demographic potential.
China is the second largest world
leader in having a young population to-
day. But the youth population in that
country will start shrinking from 2015,
because of the lagged effect of the one-
child policy. Japanese and European
total populations are already fast age-
ing, and will start declining in absolute
numbers from 2013. The U.S. will, how-
ever, hold a steady trend thanks to a
liberal policy of immigration, especially
from Mexico and the Philippines. But
even then the U.S. will have a demo-
graphic shortage in skilled personnel. All
developed countries will experience a
demographic deficit. India will not, if
we empower our youth with multiple
intelligence. Our past liability, by a for-
tuitous turn of fate, has become our
potential asset.
Thus, India has now become, by
unintended consequences, gifted with
a young population. If we educate this
youth to devel op cognitive
intelligence to become original think-
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ers, imbibe emotional intelligence t o
develop team spirit and a rational risk-
taking attitude, inculcate moral
intelligence to blend personal ambition
with national goals, cultivate social
intelligence to defend the rights of the
weak, gender equality, the courage to
fight injustice, and the spiritual
intelligence to tap into the cosmic en-
ergy (Brahmand) that surrounds the
earth, then we can develop a superior
species of human being, an Indian youth
who can be relied on to contribute to
make India a global power within two
decades. Only then, our demographic
dividend will not be wasted. This has to
be the core of the economic agenda for
a new government in 2014.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Peace, not war, on the Indus Peace, not war, on the Indus Peace, not war, on the Indus Peace, not war, on the Indus Peace, not war, on the Indus
The balanced work of the Perma-
nent Court of Arbitration means a new
dawnfor water management in the Indus
The Indus Waters Treaty (IWT),
signed by India and Pakistan in 1960,
has recently been seen both as the one
agreement that has worked between
India and Pakistan and as an anachro-
nism which should be dissolved or re-
negotiated. On December 20, 2013, the
Permanent Court of Arbitration (PCA)
has issued a judgment which re-cali-
brates and modernises the IWT and,
again makes it a critical and effective
instrument in avoiding conflicts between
India and Pakistan on use of the rivers
of the Indus Basin.
It is first useful to reiterate the cen-
tral elements of the treaty and the long-
standing areas of contention. The IWT
assigns use of the eastern rivers (Ravi,
Beas and Sutlej) to India and use of the
western rivers (Chenab, Jhelum and
Indus) to Pakistan. The biggest sticking
point in negotiating the treaty in the
1950s was the conditions under which
India could use the hydro-electric po-
tential of the Chenab and the Jhelum
before the rivers reached Pakistan.
The principle incorporated into
the IWT was that, indeed, India could
develop this potential, but only under a
set of well-defined limitations on the
amount of manipulable storage which
could be created by India in the pro-
cess, thus assuring Pakistan that India
would not have the ability to manipu-
late either the timing or the quantities
of the flows reaching Pakistan.
In the 1990s, a difference arose
about the Baglihar Dam being built by
India on the Chenab. Pakistan claimed
that low gates installed for flushing sedi-
ments violated the specifications of the
treaty and endangered Pakistans water
security because it gave India a capac-
ity to manipulate the timing of flows
into Pakistan.
Recipe for conflict Recipe for conflict Recipe for conflict Recipe for conflict Recipe for conflict
In 2005, a Neutral Expert was ap-
pointed to hear the case. His finding
essentially said that new knowledge of
sediment management technology
meant that India had to be allowed to
install low gates. His finding ignored the
central balance between Indias right
to generate hydropower and Pakistans
right to unmanipulated flows in the
IWT. Since India plans to build many
other projects on the Chenab and
Jhelum, if the Baglihar ruling established
new ground rules, this would, essentially,
give India a free hand to do whatever it
liked, leaving Pakistan vulnerable in both
perception and practice. This was a
recipe for growing conflict and, eventu-
ally, even war over the Indus.
In 2010, Pakistan took a new case,
that of the Kishenganga hydro-electric
project on the Jhelum river, to the Inter-
national Court of Arbitration. On Decem-
ber 20, 2013, the court issued its final
judgment. The Kishenganga case com-
prised two elements was India within
its rights to build the project and was
India able to insert low gates? On the
first, limited and specific issue, the court
interpreted the treaty literally and ac-
curately and allowed India to proceed.
This will somewhat limit the yield of a
Pakistani hydropower project being
built downstream, but it is not a sys-
temic issue. The big and systemic issue
was the second. Here, the court rein-
forced the hard constraints built into the
IWT regarding the ability of India to
embed manipulable storage into this and
all future projects.
Convenience vs water Convenience vs water Convenience vs water Convenience vs water Convenience vs water
security security security security security
The court pointed out that while it
might be convenient for India to build
low gates and practise sediment flush-
ing, this was not the only way to man-
age sediments, and that convenience for
India had to be balanced against the
threat this would pose to Pakistans
water security. The court explicitly
stated that the Baglihar ruling did not
constitute a precedent and implied that
the Baglihar Neutral Expert had erred
by not balancing engineering concerns
with the diplomatic and security fac-
tors which were at the heart of the IWT.
The decision by the PCA means
that India can, as laid out by the IWT,
continue to develop much-needed hy-
dropower projects on the Chenab and
the Jhelum, but it must strictly respect
the IWT-defined limits on manipulable
storage, and must use methods other
than the construction of low gates to
flush silt.
The court also played close atten-
tion to an area which had been neglected
in the original IWT, namely environmen-
tal flows (e-flows). The court mandated
a small, constant release which was less
than 10% of what Pakistan claimed to
be necessary. Again, the court under-
lined the importance of balance. Al-
though the court considered this ap-
proach (to defining the e-flow) to be
somewhat severe in environmental
terms, the court concluded that [.]
such an approach represents an appro-
priate balance between the needs of the
environment and Indias right to power
generation. This principle of balance
and reasonableness is particularly im-
portant because it is inevitable that Pa-
kistan will ask that India release e-flows
from the eastern rivers (especially the
Ravi and the Sutlej) into areas of Paki-
stan which have suffered major environ-
mental damage as India has diverted all
flows to the east.
The bottom line is that the bril-
liant and balanced work of the PCA
means a new dawn for water manage-
ment in the Indus. Rumblings over wa-
ter wars on the Indus should now dissi-
pate, and, once again, relationships be-
tween India and Pakistan on the Indus
should become stable and perhaps have
a positive ripple effect on relatioins
between the two countries.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Penetrating the web of terror Penetrating the web of terror Penetrating the web of terror Penetrating the web of terror Penetrating the web of terror
networks networks networks networks networks
An Ahmedabad metropolitan
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court recently rejected a petition chal-
lenging the Special Investigation Teams
(SIT) 2011 conclusion that the post-
Godhra violence in Gujarat in 2002 was
an impulsive reaction of Hindus enraged
by the Godhra killings and not a politi-
cal conspiracy fronted by Chief Minis-
ter Narendra Modi.
On the other hand, some in the
media, academia, police, and advocacy
groups have maintained that the vio-
lence was a well-orchestrated anti-Mus-
lim pogrom, not a spontaneous riot.
The Sangh Parivar had diligently planned
the violence to help a wilting Bharatiya
Janata Party (BJP) in Gujarat, they
charged, and disgruntled members
among Scheduled Castes (Dalits) and
Scheduled Tribes (Adivasis) were instru-
mentally mobilised to execute the plan.
It was suggested that spontaneity was
a ruse, following ploys adopted by ear-
lier governments, notably the Congress
in 1984 and the BJP-RSS in 1992-93.
The first question about the post-
Godhra violence that comes to mind,
and has indeed been noted by scholars
like Achyut Yagnik and Lancy Lobo is:
why did it occur so unevenly across the
State? Although violence affected many
towns, and pervaded rural areas with
unprecedented frenzy, many places in
Gujarat remained peaceful. By implica-
tion, if the post-Godhra killings were an
outcome of anger and revenge, why
were perpetrators selectively angry or
vengeful? If different places experi-
enced different levels of violence, did
these spatial variations occur at random
or did they indicate a pattern?
These are crucial questions to be
addressed for any event of large-scale
violence. To do so, I teamed up with Dr.
Michael Biggs, a sociologist at Oxford
University, to conduct a systematic
analysis taking account of all possible
factors that might have caused the vio-
lence. We meticulously gathered infor-
mation on the population of Muslims,
Scheduled Castes and Tribes on socio-
economic conditions such as unemploy-
ment and migration. We measured the
strength of the BJP by its votes in the
1998 Assembly election and by the pres-
ence of a BJP MLA. Crucially, we com-
pared peaceful with violent places in
order to identify specific risk factors
associated with violence. Explaining the
factors leading to violence by examin-
ing only those cases where violence
occurred can lead to spurious conclu-
sions. This methodology follows from
the exemplary work on ethnic violence
in India by sociologists and political
scientists such as Paul Brass, Steven
Wilkinson, Henrik Urdal and Ashutosh
Varshney.
We found persuasive evidence
that the violence was not spontaneous.
Had it been spontaneous, it would be
correct to expect the most outraged
people and, subsequently, the worst
violence in places where the BJP was
strong. Even if the party had not taken a
leading role, it was its supporters who
would be most likely to lash out against
Muslims. Instead, after taking into ac-
count other economic and social fac-
tors, we found that lethal violence was
considerably less likely where the BJP
was strong (for example, Junagadh,
Navsari). Endorsing this pattern, we
found that violence was less likely to
happen in places with a sitting BJP MLA.
Killings were less likely where the
BJP was very weak (for example,
Narmada, Dangs). It was in places where
the BJP faced the greatest electoral
competition, having gained about 35-
40 per cent of the vote in 1998, that le-
thal violence was the worst (for example,
Anand, Kheda). Here, the party will face
the greatest competition for votes in the
coming election. These findings take into
account the social and economic fac-
tors that could have led to spontane-
ous violence, and so identify the spe-
cific effect of the BJP. This cannot be
judged by taking one or two well-known
instances of violence.
Violence delivered votes Violence delivered votes Violence delivered votes Violence delivered votes Violence delivered votes
Violence, therefore, was greatest
in places where the BJP faced the great-
est competition from other parties. By
inflaming anti-Muslim sentiment, it was
possible that people who had previously
voted for the Congress or other parties
would switch to the BJP the next time.
Remember that it was later in 2002
nearly a year after the most lethal anti-
Muslim attacks occurred and close to
the next election that Mr. Modi de-
livered the now infamous speech in
Mehsana with obvious references to
Alis, Malis and Jamalis and their child
producing factories.
So, did this electoral tactic work?
We measured how the BJPs vote went
up or down between 1998 and the As-
sembly election at the end of 2002. We
found a strong pattern: where more
Muslims were killed, the greater the
boost to the BJPs vote. For example,
the BJPs vote increased substantially in
districts where the violence was severe,
as in Panchmahal. In districts without
violence, by contrast, the vote declined,
as in Surendranagar.
These findings flag a crucial aspect
about the post-Godhra violence: that it
had an implicit political logic. There is
much evidence, not only from India, of
the link between political authority and
its capacity to arouse ethnic tensions,
sometimes leading to violence. Depend-
ing on the will of the government con-
trolling local law and order, the result-
ing violence is either allowed to con-
tinue or is stopped. This is particularly
the case in multi-ethnic societies be-
cause they provide wider scope to
change the salience of ethnic issues to
suit political elites.
The foil of spontaneity in vio-
lence has worked admirably in favour
of the political elites in India. Rajiv
Gandhi used it to justify the spontane-
ous reaction of angry Hindus at the as-
sassination of Mrs Gandhi in 1984; Mr.
Modi continues to use it with eclectic
references to Newton and puppies. His
latest blog post following the metro-
politan court verdict, where he ex-
presses absolute emptiness at the vio-
lence again signals the governments
purported helplessness at the spectacle
of perpetrators letting off steam.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Pride and parampara in Pride and parampara in Pride and parampara in Pride and parampara in Pride and parampara in
Manhattan Manhattan Manhattan Manhattan Manhattan
In the Devyani Khobragade drama,
the media have largely focussed on two
themes and stoked wounded national
pride around those. One: the outrageous
manner of the arrest of the Indian con-
sular official. Two, the perfidy of the
United States. Of the latter, there has
been plenty in the past few years. But
you barely saw a whimper of anti-U.S.
sentiment in the mainstream media. It
took the Khobragade case to produce
that. She has been charged in New York
with visa fraud and illegally underpay-
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ing her domestic help and housekeeper
Sangeeta Richard (who is also an Indian
citizen). Both the human story and the
U.S.-bully story are easily told, and in-
deed have been, many times over these
past few days. With the crude bungling
of her arrest, and the harsh manner of it,
the U.S. has raised Indian hackles. And,
of course, weve had yet another dis-
play of U.S. double standards on diplo-
matic immunity.
Incidents and Indian reaction Incidents and Indian reaction Incidents and Indian reaction Incidents and Indian reaction Incidents and Indian reaction
Whats been an intriguing and no
less riveting a story, is the high-voltage
response of the Indian government. The
rage and fury it has displayed. None of
which was seen in many other cases that
cried out for a much stronger response
to U.S. wrongdoing. The Edward
Snowden revelations earlier this year
showed India to be one of the biggest
targets of electronic espionage by the
National Security Agency (NSA) of the
U.S. Yes, ahead of even Russia and China.
The scope of the damage done to us
has still barely been explored. We know
the Indian Mission to the United Nations
was, and perhaps still is, bugged. We
know that the G-20 meeting in London
that Prime Minister Manmohan Singh
went to in 2010 was also bugged. The
latter, by the Government Communica-
tions Headquarters (GCHQ), the NSAs
British sibling.
Brazil, less affected than India, saw
President Dilma Rousseff cancel a state
visit to America. An angry Ms. Rousseff
sought an apology and an end to digital
snooping. She also launched a scathing
attack on U.S. spying, in a speech at the
United Nations this September. India
said and did nothing. Though an Ameri-
can judge did, saying the NSAs mass
surveillance was most likely illegal even
within the U.S. Our supine silence meant
that Dr. Singhs own trip to the U.S. went
off without a glitch.
There was no flurry of angry state-
ments from top officials when a U.S.
Navy ship fired on a small fishing boat
off Dubai in July last year. The USNS
Rappahannock opened fire, killing one
Indian fisherman and wounding three.
All four in a total crew of six were
from Ramanathapuram in Tamil Nadu.
The survivors said they had no signal,
warning or inkling of an attack.
The Indian Ambassador to the UAE
told Reuters at the time: Obviously if
they were warned they would not go
close to such a big vessel. Even if shots
were fired in the air, these fishermen
would have moved away. After a day
or two of reports in the media, the story
sank in silence. We saw no furious Ex-
ternal Affairs Minister blasting the U.S.
Nor a Parliamentary Affairs Minister say-
ing: A regret for the sake of formality is
not enough. They should apologise in
unambiguous terms and accept their
mistake. All of that was reserved for
the present dispute. Wrongly jailed In-
dian sailors in Togo waited months for
their government to act. One of them is
yet to be released. In the Devyani case,
India was on the attack from day one.
Many mighty Indians have been
through humiliating pat-downs and
checks at airports in the U.S. That in-
cludes former Presidents of this coun-
try, serving Ambassadors to the U.S.,
and others. George Fernandes while
Defence Minister was twice subjected
to intrusive searches. One of these was
described by a former U.S. Deputy Sec-
retary of State as a strip search. Its
even happened, horror of horrors, to
Bollywoods brightest and best. But
none of these instances drew a response
like the one we saw over Ms.
Khobragade.
Why? Because the charges levelled
against her might well apply to a very
large number of our embassy and con-
sular staff? And not just in New York?
Imagine the embarrassment ahead if this
prosecution were to extend to the rest
of the fraternity. After all, the domestic
help who have been ripped off are also
Indian citizens. What if some group
clubbed together a raft of such cases
and brought something like a class-ac-
tion suit in American courts? It would
be quite logical. And it could cost the
government of India millions of dollars.
Issue of underpayment Issue of underpayment Issue of underpayment Issue of underpayment Issue of underpayment
Those voices raising the issues of
labour and exploitation in the Devyani
case have found very limited space in
the media. Unions and activists speak-
ing for domestic workers have had
things to say, but they mostly go un-
heard. To date India has not ratified the
ILOs Domestic Workers Convention
2011 (189).
It could be that the full truth of the
Devyani case itself is yet to emerge. But
the underpayment and ill-treatment of
domestic help by Indians is routine and
obnoxious. In the U.S. and elsewhere.
Indeed, in New York groups sprang up
in the 1990s to organise such workers
and defend them against inhuman treat-
ment. Thats a whole set of stories in
itself. Indian domestic workers are of-
ten brought into the U.S. by their em-
ployers as family members. On arrival,
some have their passports confiscated
by their family. That ensures they can-
not run and cannot hide. Some of these
workers have remained locked up in
apartments or houses for weeks while
their family goes on vacation, leaving
them with meagre rations.
This is not the first time the Ameri-
can legal machinery has moved on such
a case. The other instances have been
no less shameful. Here, though, if the
prosecutors proceed against all offend-
ers, a much greater fraternity stands
threatened. Hence, a regret for the sake
of formality is not enough. The Indian
government wants the proceedings
dropped altogether.
Under-payment is another story.
This is the most dreary, routine practice
within India. And not just with domestic
workers. There are several private col-
leges in the country, for instance, which
employ lecturers ostensibly at UGC
scales. All the paperwork, including the
payslips they sign, show them getting
UGC-scale salaries. In truth, they get a
fraction of that. But this is accepted as
normal. People getting ripped off by
manpower export sharks is also seen as
normal. And some of the Gulf states
have found it convenient to go along
with this for decades.
So, when one prosecutor in a for-
eign land does not accept such conduct
as normal, theres panic. More so since
it affects an elite Indian service. All we
did was to extend good old Indian elite
tradition, orparampara, abroad. How
dare anyone challenge that?
The India-U.S. nuclear deal de-
mands media scrutiny. And indeed, gov-
ernmental action. To date, India has got
very little of what it signed up for. But
where are the angry responses and de-
mands for restitution? Indeed, the U.S.
government has demanded we change
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our liability laws if we want it to deliver
on that deal. All that the government of
India is asking for in the Khobragade
matter is a dropping of charges. The
Americans want us to change our very
laws. Even those tested and upheld in
our Supreme Court. More recently in
Bali, we celebrated a victory that ben-
efits everyone, over a deal that does
little for food security now, while trad-
ing away quite a bit of it in the future.
Again: a marked lack of toughness in
response. No cries of conspiracy. Not
even what would have been valid
charges of extortion. The list is endless.
But theres an amazing level of
protest on a case involving on the
surface a single consular official. It is
possible that theres much going on in
the background we dont know about.
Yet, even as Ms. Khobragades prob-
lems in the U.S. are far from over, oth-
ers confront her in India. She is named
in the Commission report on the Adarsh
scam. She figures in it as one among
several ineligible persons who got a flat
in the Adarsh building.
With the U.S. rejecting the demand
to drop charges against Ms.
Khobragade, things will get tricky. This
is indeed an issue of principles, not of
the individual Ms. Khobragade. But any
coming face-off, if one occurs at all,
wont be on any of the issues we need
to confront the U.S. on. Merely on our
fundamental right to rip off our servants
and exploit labour.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Get serious on safety Get serious on safety Get serious on safety Get serious on safety Get serious on safety
Athree-tier air-conditioned coach
of the Bangalore-Nanded Express was
engulfed in flames near Anantapur,
claiming 26 lives in the early hours of
December 28. The cause of the fire is
still under investigation. However, pre-
liminary reports from the site of the trag-
edy, confirmed by the Andhra Pradesh
Director General of Police, point to an
electrical short circuit in the coach. Fires
in running trains are not new to the In-
dian Railways, but the unfortunate fact
is that when it happens in the dead of
night and that too in an enclosed air-
conditioned coach, the chances of sur-
vival are bleak. Out of the 64 passen-
gers in the ill-fated coach, 26 died, and
some of them were reported to be pas-
sengers who came back to pick up their
luggage. The TTE had the presence of
mind to pull the chain, stop the train,
and call for the fire service, which is said
to have reached the spot in 15 minutes.
Strange as it may seem, in July 2012, 47
passengers were killed when a coach of
the Tamil Nadu Express caught fire near
Nellore, also in Andhra Pradesh. Derail-
ments, collisions, fire and accidents at
unmanned level crossings account for
the bulk of railway calamities in India.
For many years now, there has
been talk about increased use of non-
combustible and non-inflammable ma-
terials in railway coaches. The Railways
took a policy decision to make the shift,
and coach production units were asked
to go in for fire-retardant material. But
this is obviously a slow process and new
coaches could be made with them. The
problem persists with the old coaches
still in use. A major drive to check pas-
sengers carrying stoves or inflammable
materials was launched, and met with
some success. Two other major sources
of fire incidents relate to overheating
wheels and electrical short circuit. With
advances in technology, it should be
possible for the Indian Railways to de-
tect such hazards in time to prevent a
fire. Smoke detectors and circuit break-
ers have become commonplace and
can easily be installed in trains. It is
anybodys guess whether all trains have
operational fire extinguishers and if ev-
ery railway station is equipped to fight
fires. Several inquiries and Commission
reports have pointed to gaps in safety
measures and suggested follow-up ac-
tion. The Kakodkar committee on safety
last year pointed to an implementation
bug and recommended a massive Rs.1
lakh crore programme over five years
to ensure complete safety on the
wheels. It suggested an allocation of
Rs.20,000 crore a year, which can also
be generated by means of a safety cess
on passengers. The Railways should take
the issue of safety much more seriously,
and look at this and other ways of fund-
ing the required measures.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
The Mao legacy and Chinas The Mao legacy and Chinas The Mao legacy and Chinas The Mao legacy and Chinas The Mao legacy and Chinas
reforms future reforms future reforms future reforms future reforms future
China marked Mao Zedongs
120th birth anniversary on December 26.
How do leading Chinese intellectuals
look at the reform path ahead for the
country? In the first of a series, liberal
economist Mao Yushi speaks of threats
to political and economic reforms from
interest groups
The Communist Party of China
(CPC) finds itself in an awkward posi-
tion as it goes forward after commemo-
rating the 120th birth anniversary of the
most important of its founding fathers.
A year ago, the CPCs propaganda chiefs
decreed that Mao Zedongs 120th birth
anniversary, which fell on December 26,
would be celebrated with fanfare, aimed
at underlining the Great Helmsmans last-
ing contributions in founding a new
China and, at the same time, boosting
the partys legitimacy at a time when it
is struggling to renew its ideological
appeal.
But in the weeks leading up to the
anniversary, the party appeared to have
had a change of heart. First, the official
broadcaster, China Central Television
(CCTV), said it would cancel a long-
planned 100-episode television series
about the life of Mao, scheduled to co-
incide with his birth anniversary. Then,
the CPCs new leader, President Xi
Jinping, on a visit to Maos native Hunan
province told provincial officials any
planned celebrations needed to be
pragmatic.
Divisive issue Divisive issue Divisive issue Divisive issue Divisive issue
What is clear is that Maos legacy
continues to be a divisive issue in China.
For those on the conservative Left,
Maos political authoritarianism is of-
ten framed as a platform to oppose
economic and political reforms, which
they view as a fundamental threat to
the partys future. Those on the liberal
Right, who favour market reforms and
political loosening, see his persisting
political legacy as an obstacle.
The Party under Mr. Xi finds itself
caught in the middle, the respected
economist Mao Yushi told The
Hindu in an interview. Today, he said,
the party is facing many contradictions.
Mao Zedongs path, and the CPCs path,
are different. Mao Zedong believed in
the need to establish an equal society.
Now we have an unequal society. Mao
believed in Communism. Today, the
party follows Capitalism. So there is a
contradiction.
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Mao Yushi has, over the past two
decades, become one of Chinas most
influential intellectuals. An economist
by training, the 84-year-old retired
scholar (no relation to Mao Zedong)
heads the pro-reform Unirule Institute
of Economics in Beijing, which he es-
tablished with four other economists
two decades ago when China was be-
ginning to embark on its second round
of reforms. Famed in China as an econo-
mist several of his works have be-
come best-sellers there he has also
emerged as the countrys most promi-
nent critic of Maoism in recent years.
Two years ago, he faced threats to his
life as several thousand Mao support-
ers put forward a petition demanding
his arrest after he wrote a brave article
criticising Maos legacy. Unsurprisingly,
he sees Maos supporters as the big-
gest threat to the CPC and one rea-
son behind the restrained celebrations
this year. Maos supporters think our
road today is completely wrong. So there
is no way the ruling party can celebrate
this anniversary as a big event.
Going forward Going forward Going forward Going forward Going forward
Professor Mao sees the partys
new leader, Mr. Xi Jinping, who has now
been in office for a little over a year, as
appearing confused about plotting a
course forward, leaving both liberals
and Maoists disappointed. On Thurs-
day, December 26, Mr. Xi seemed to
attempt a careful balancing act in a
speech at a symposium to mark Maos
anniversary held at the Great Hall of the
People in Beijing just about the only
official event to commemorate the oc-
casion. While he defended Maos legacy
by describing him as a great figure who
changed the face of the nation and led
the Chinese people to a new destiny,
he also said revolutionary leaders are
not gods, but human beings.
In the year he has been in office,
Mr. Xi has made clear he plans to go
forward with economic reforms that
include boosting the role of the market
and trimming the power of the influen-
tial state-run sector, according to an
ambitious blueprint unveiled at the Cen-
tral Committees third plenum in No-
vember. Mr. Xi has himself sought to
invoke comparisons with former leader
Deng Xiaoping, who unveiled Chinas
reforms at another third plenum meet-
ing, in 1978. At the same time, he also
hit out at those questioning Mao
Zedongs legacy and seeking to negate
the results of the first 30 years of the
CPCs history a turbulent time that
saw the Great Leap Forward (1958) that
resulted in famine and tens of millions
of deaths, and the Cultural Revolution
(1966-76) where Maos Red Guards per-
secuted millions.
State enterprises State enterprises State enterprises State enterprises State enterprises
Mao Yushi, however, believes that
enabling the Chinese people to have a
true understanding of Mao Zedongs
legacy is crucial for the countrys politi-
cal future. In 2011, he penned an article
arguing for the restoration of Mao
Zedong as a man, highlighting his di-
rect responsibility for the famine and
the Cultural Revolution, events which
find no mention in our textbooks. He
said the first 30 years of new China were
a misery, while the backstage boss
who destroyed the country still has his
portrait on Tiananmen Square. His ar-
ticle triggered a storm of controversy,
angering Party mouthpieces, conserva-
tives and the Left, but winning praise
from historians and progressives. Al-
though he faced death threats and calls
from neo-Maoists for his arrest, the Chi-
nese government did not take any ac-
tion.
The government tries to cover
Maos crimes, he said. In textbooks,
there is nothing about Maos crimes. It
never talks about the three years great
famine, how many people died. The
young generation does not know the
past history. The history they study is
fabricated history, so it gets peoples
ideas very confused about the need for
political reforms and democratisation.
The future of change in China on the
political side, he added, depends on
how big is the force of the pro-Mao
people. Economic change depends on
how strong vested interest groups are.
He sees state-owned Enterprises
(SOEs), which still control vast swathes
of the economy, as the biggest interest
group. The SOEs sector railways,
energy, communication is very
strong. The price they set, whether the
interest rate, or power price, is by them-
selves. So they earn a big profit, not
because of their efficiency but because
they monopolise the sector. Mao Yushi
and many other Chinese economists see
SOE reform as a key step towards ad-
dressing Chinas economic imbalances,
as the country attempts to move away
from a State-investment driven model,
promote innovation and address wid-
ening inequality.
Mr. Xi, in the November plenum,
took a tentative step towards curbing
SOE power, by declaring they will have
to return a greater share of their profits
and opening them up to private capital.
But Professor Mao says the move will
not have much impact, pointing out that
20 years ago, when profits had to be
returned to the government, SOEs sim-
ply used up all their profits.
If you look at Singapore or
France, SOEs are efficient because they
are totally separated from the govern-
ment. In our case, they are just one
body, so this is the problem. Board
members of these SOEs come from the
government. They exchange positions
because board members earn 10 mil-
lion Yuan (Rs.10 crore) a year, but as a
minister earn may be a hundred thou-
sand. The board members are told by
the government, You take this position,
earn 10 million year, come back after
three years and let someone else take
the position!
Professor Mao thinks that eco-
nomically it is clear China is going in the
direction of a more open and liberal
way. Politically, generally there are
some improvements towards greater
rule of law, but Mr. Xis long-term vision
in political terms is not clear. He be-
lieves that the decade under Mr. Xi may
not bring big reforms, but the next
generation 10 years on could bring a big
change. If you look at Taiwan, when
officials who studied overseas came
back and took high positions, like [Presi-
dent] Ma Ying-jeou, the political envi-
ronment changed, he said. In Chinas
case, one or two ministers are overseas
returned, but that number is going up
very fast.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Why diplomatic immunity Why diplomatic immunity Why diplomatic immunity Why diplomatic immunity Why diplomatic immunity
matters matters matters matters matters
He left the police station laugh-
ing, an hour after he had been detained
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on 15 counts of assault and rape, one
afternoon in 1981. New York resident
Carol Holmes had that day spotted the
smartly dressed man who had beaten
and raped her at her apartment, walk-
ing down a Manhattan street. The po-
lice first exulted that they had found a
man they believed was responsible for
multiple crimes. Then they realised they
could do nothing about it. Manual
Aryee, 19, was the son of a diplomat at
Ghanas Embassy, and therefore pro-
tected by diplomatic immunity.
For all I know, Ms. Holmes
told People magazine, describing Mr.
Aryees release, he could have been
going to a French restaurant for dinner.
Indian diplomat Devyani
Khobragades incarceration in New York
has divided opinion sharply in India and
abroad. To some, she is an emblem of
hurt national pride; to others, a callous
exploiter. Her former maid, Sangeeta
Richard, has been cast as both a Green
Card-seeking operator and as a victim
of Indias notoriously arrogant lite. As
in every similar conflict, the diplomat
and the maid have a story to tell and
will do so in a court of law.
These questions, though impor-
tant, are also irrelevant to the diplomatic
issues involved. New Delhis retaliatory
actions against U.S. diplomats in India
a rare display of spine are a nec-
essary defence of a critical principle in
relations between nation-states.
Fraying Conventions Fraying Conventions Fraying Conventions Fraying Conventions Fraying Conventions
For years now, the Vienna Conven-
tions on diplomatic immunity have been
fraying at the edges largely driven by
public outrage over cases like that of
Mr. Aryee. It was not too long ago that
the shoe was on Indias foot. Earlier this
year, the Supreme Court restrained Ital-
ian Ambassador Daniele Mancini from
leaving India, saying he had failed to
honour commitments that two Italian
marines charged with the murder of fish-
ermen off Kerala would stand trial.
Indias actions were a flat-out vio-
lation of Article 31 of the 1961 Vienna
Convention on Diplomatic Relations
which says diplomats shall enjoy im-
munity from the criminal jurisdiction of
the receiving State. He shall also enjoy
immunity from its civil and administra-
tive jurisdiction. European diplomats
protested, rightly, against what they ar-
gued was an egregious violation of the
Vienna Conventions.
There have been a string of similar
cases across the world. In 2011, nota-
bly, authorities in Pakistan held Central
Intelligence Agency contractor
Raymond Davis after he shot dead two
armed men in Lahore. The U.S. insisted
his rights as a diplomat were violated
by his arrest.
Internet searches reveal a long list
of abuses of diplomatic immunity: mur-
der, rape, drunk-driving incidents. Each
of these, on the face of it, involved un-
acceptable crimes. In each case, letting
the perpetrator remain free was the right
thing to do.
These cases had one thing in com-
mon: a host country determined that
immunity should not give the perpetra-
tor impunity. This is morally true but
it is a price nations have agreed to pay
for a larger gain. The alternative is to
make envoys vulnerable to wrongful
pressure and coercion, which in turn
would make diplomacy impossible.
New documents released by In-
dia show Dr. Khobragade had complete
immunity from prosecution of arrest,
the consequence of her accreditation
to the United Nations on temporary
duty. However, the U.S. State Depart-
ment could reasonably argue it was un-
aware of this even Indias External
Affairs Ministry only awoke to this cir-
cumstance many days after her arrest.
Even if Dr. Khobragade was only
Indias acting consul-general, she would
have still have enjoyed substantial pro-
tections against arrest under the 1963
Vienna Convention on Consular Rela-
tions. Article 41 says consular officials
shall not be liable to arrest or detention
pending trial, except in the case of a
grave crime . It also stipulates that
they shall not be committed to prison
or be liable to any other form of restric-
tion on their personal freedom save in
execution of a judicial decision of final
effect.
This is not equivocal language.
U.S. law U.S. law U.S. law U.S. law U.S. law
It has been argued that Dr.
Khobragades alleged crime was a felony
under U.S. law, a category that the coun-
try uses to distinguish serious offences
from misdemeanours. Thus, the argu-
ment goes, her alleged offence met the
grave crimes stipulation of the Con-
vention. Felonies, though, encompass a
range of crimes. In some U.S. jurisdic-
tions, they even include the theft of over
a certain amount of money. It cannot
be reasonably argued that such offences
meet the Convention-mandated crite-
ria of a grave crime. Nor can individual
states be allowed to assign arbitrary
assignations of gravity, for obvious rea-
sons.
The State Departments own 2011
guidelines on immunity note that the
immunity of consular and diplomatic
personnel generally precludes hand-
cuffing, arrest or detention in any form.
It adds just one caveat: circumstances
where public safety is in imminent dan-
ger, or it is apparent that a grave crime
may otherwise be committed.
Dr. Khobragade might indeed
have lied on a visa form to bring a do-
mestic help from India on less than the
legally-mandated wage. She might have
treated her domestic help badly. It is
nobodys case, though, that Indias act-
ing consul-general in New York was
about to torture or kill.
The correct procedure was dem-
onstrated a few days ago, after a
Mumbai resident brought molestation
charges against Mohammed Abdulaziz
Al Khaja, Bahrains Consul-General. The
Mumbai Police initiated proceedings
against Mr. Khaja, but his immunity has
ensured he is not arrested.
It is probably true, as the New
York authorities have claimed, that Dr.
Khobragade was treated just as any U.S.
citizen accused of a similar crime would
have been treated and that is pre-
cisely the problem.
Why immunity is important Why immunity is important Why immunity is important Why immunity is important Why immunity is important
There are several theories under-
pinning the notion of diplomatic immu-
nity among them, the now-outmoded
idea that an ambassador represents the
body of a foreign king; the notion that
an embassy is in fact foreign territory;
the idea that such immunities are nec-
essary for the smooth conduct of for-
eign relations. Behind these theories lies
one simple truth: if one nation punishes
diplomats for good reasons or bad,
there is nothing to stop the other nation
from doing the same. For all practical
purposes, diplomats would be at risk
of becoming hostages.
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Understanding this, nation-states
have let diplomats literally get away with
murder. In 1984, Libyan embassy staffer
Salah Ameri allegedly opened fire at
protesters, killing British police officer
Yvonne Fletcher. Britain severed diplo-
matic relations, after which the accused
embassy staff member left the country.
In a thoughtful analysis published
in 2000, legal scholar Dror Ben-Asher
noted that the occasional abuse of the
diplomatic immunity rules is largely off-
set by the continuing need for them.
He added: The actual number and per-
centage of abuses affecting fundamen-
tal human rights is relatively small, [and]
therefore a complete wholesale rewrit-
ing of the rules or even a too-radical
reform, is undesirable.
Put simply, arresting a diplomat
in violation of the Convention signals
contempt for international norms and
with it, signals that one nation-state be-
lieves it can violate the rights it accords
another.
Long before modern diplomatic
conventions began to evolve in 17th-
century Europe, great civilisations un-
derstood the importance of ensuring
that diplomatic envoys were inviolate.
The ill-treatment of Raja Raja Cholas
envoys sparked the Kandalur War in 994
CE. Genghis Khans armies insisted on
the inviolability of the lives of their am-
bassadors and razed entire cities to
defend the principle. The Mongolian
conquest of the Khwarezmid empire in
1219 began after one of Genghis Khans
ambassadors was beheaded.
New Delhis more civilised ex-
pression of wrath, notably by denying
U.S. diplomats unilateral courtesies, is
legitimate. There is plenty of reason to
believe the State Departments casual
consideration of Dr. Khobragades privi-
leges was grounded in an institutional
unconcern for Indian reactions. Earlier
this month, New York authorities were
prevented from arresting 49 Russian
consular and diplomatic officials and
their spouses, charged with embezzling
millions. It is probable that the near-cer-
tainty of Russian retaliation helped fo-
cus the State Departments mind.
It is also important, though, that
New Delhi upholds the Convention
not subvert it. New Delhis effort to
shield Dr. Khobragade from prosecution
by giving her full diplomatic immunity
is fundamentally misplaced; the Con-
vention gives Dr. Khobragade no such
immunity. It is also important for the
government to initiate a credible inves-
tigation into claims by Dr. Khobragades
domestic help that efforts were made
to intimidate her family in India.
The larger challenge, though, is
before the U.S.: it has the choice to do
the right thing and admit wrongdoing.
To remain recalcitrant, as it has been, is
to contribute to the slow unravelling of
an international convention that keeps
its own diplomats safe, every single
day.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
How to split the costs of How to split the costs of How to split the costs of How to split the costs of How to split the costs of
carbon emissions? carbon emissions? carbon emissions? carbon emissions? carbon emissions?
It is probably a safe bet that very
few Americans unwrapping a brand-new
iPhone left under their Christmas tree
are thinking about its impact on the glo-
bal climate.
U.S. citizens aside, about three-
quarters of the carbon dioxide is con-
sidered the responsibility of other
people in places like China and Taiwan,
South Korea and Inner Mongolia, where
the phone and its parts were made. It is
increasingly evident that the effort to
curb global warming is as stuck as ever,
and also that, whether we like it or not,
were all in this together.
The obstacles remain significant.
Countless summit conferences, since
the Kyoto Protocol on climate change
was adopted more than 15 years ago,
have failed to budge the fundamental
roadblocks standing in the way of col-
lective action: How should the costs be
divided? Who did what to whom? Are
emissions the responsibility of the coun-
tries that made them or of the countries
for whom the products were made?
Understanding the impact of con-
sumption-generated emissions on cli-
mate change is a necessary first step for
concrete mitigative action.
Policymakers in Washington main-
tain that a deal that only required rich
countries to limit emissions would be
pointless: Heavy emitters of greenhouse
gases like the agriculture and chemical
industry would decamp from rich na-
tions to the less carbon-restricted shores
of the developing world.
Indeed, recent research suggested
that if rich countries were to cut emis-
sions by 20 per cent from 2004 levels
without securing cooperation from de-
veloping countries, some 5 to 19 per-
cent of the carbon savings would be lost
to leakage.
Heres the quandary, though. The
standard approach being considered to
account for the cost of traded carbon is
to tax recorded emissions at the bor-
der. Big exporters like China, not sur-
prisingly, dont like that approach.
The study on emissions leakage
found that imposing a carbon tax on
imports would reduce the leaks by about
a third. But China seems to have every-
thing to lose. If China brought this up in
negotiations it would be allowing the
U.S. and Europe to regulate its exports.
Other research has concluded that
imposing a border penalty would en-
courage China and other developing
countries to tax their own carbon emis-
sions and keep the money rather than
have them taxed by others.
With colorful wrapping strewn
across the floor and apps zipping from
the old iPhone to the new, most Ameri-
cans wont be worrying about any of
this Christmas morning. Who cares, in
the end, about whose fault it is? But if
the world is to prevent catastrophic cli-
mate change from eventually undermin-
ing civilisation, somebody somewhere
must pay the cost of consuming less
carbon. And nobody is volunteering.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Unlearning undemocratic Unlearning undemocratic Unlearning undemocratic Unlearning undemocratic Unlearning undemocratic
values values values values values
The brutal sexual attack on a young
woman in Delhi, in 2012, and a savage
attack on a girl student of Jawaharlal
Nehru University (JNU) on its campus
this year are just two examples of ex-
treme violence that have shocked the
nation. Acts of sexual violence are com-
mon despite public outrage and the fear
of legal action. Equally disturbing was
the mass exodus of citizens of north-
eastern States from Bangalore in 2012.
Instances of caste discrimination and
violence occur at regular intervals to
which we have become quite immune.
Occurrences of discrimination based on
caste, gender, race and religion are not
disparate but a reflection of the ways in
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which our society works. Traditional
values contradictory to democratic
norms and practices continue to shape
the behaviour of our children and adults
in their formative stages through
socialisation in the family and society.
Public policy can do little to influence
this informal learning which is at vari-
ance with the principles of equality and
respect for differences.
Education can be an instrument
of change. But nation-building would
require reform in education; unlearning
of undemocratic values is as important
as the learning of democratic ones. Un-
fortunately, our education system, with
its present curricula and pedagogy, has
less to offer by way of civic learning
and democratic engagement that shapes
good citizens out of men and women.
This is not to say that we do not have
goals for education, for the education
policy talks of national integration,
equality and the development of a com-
mon culture. Selectively, some civic
learning also takes place through
courses on human rights and gender. But
all these have remained on the periph-
ery of learning in school and higher edu-
cation. The prime focus in our schools
and higher education learning system
seems to be only on preparing students
for the job market. Civic learning and
democratic engagement have not be-
come the core component of our teach-
ing. J.A. Banks, an Afro-American aca-
demician, observed that the role of
education in the 21st century is to pre-
pare students to know, to care, and to
act in ways that will develop and foster
a democratic and just society and to
develop a commitment to personal,
social, and civic action, as well as the
knowledge and skills needed to partici-
pate in effective civic action.
Civic learning is pivotal when deal-
ing with diversity in societies. The United
States is one such example. Beginning
1995, it developed an education policy
to deal with diversity by bringing about
reforms in curricula and pedagogy for
civic learning and engagement in col-
leges and universities. The education for
diversity has four elements: knowledge,
values, skills and action. Reform in
knowledge includes a new curriculum
with themes that deal with diversity, in-
equalities, racism, sexism, religious op-
pression, classism, anti-Semitism and
heterosexism. To develop individual
capabilities and skills, it introduced new
pedagogical methods like inter-group
dialogue and mixed peer group, where
students from diverse groups interacted
and learned to respect differences.
Through new knowledge and skills, they
unlearned many things that they had
imbibed from family and society and
also developed skills and capacities to
deal with diversity and differences in a
democratic way. The third component
was to motivate the students for action.
These reforms were expected to en-
hance the civic capital among youth
for enhanced citizenship. Sixteen years
later, in 2011, a review indicated posi-
tive outcomes not only in civil learning
and engagement but also in their aca-
demic performance.
Missing goal in education Missing goal in education Missing goal in education Missing goal in education Missing goal in education
Campuses of higher education in
India have moved from being relatively
homogeneous to becoming more di-
verse. Figures at the macro- and micro-
levels will make this clear. In 2008, of
the total number of students in higher
education, about 45 per cent were from
rural areas and the rest from urban ar-
eas; 42 per cent were women and 58
per cent, men. Social composition com-
prised four per cent Scheduled Tribes,
13.5 per cent Scheduled Castes, 35 per
cent Other Backward Classes and 48 per
cent, the rest. Hindus accounted for
about 85 per cent followed by Muslims
at eight per cent, and Christians and oth-
ers at three per cent. Although a major-
ity of students were relatively better off,
there were poor students as well. About
a fourth were from private institutions
and the rest from government and pri-
vate-aided institutions. The medium of
instruction for about half of them were
the regional languages, and English for
the rest.
JNU represents Indian diversity at
the micro-level. In 2013, about half the
number of students are women; about
41 per cent are from a rural background
and 59 per cent, from cities and towns.
The caste/ethnic composition is eight
per cent STs, 15 per cent SCs, 32 per
cent OBCs and 42 per cent others. About
26 per cent are from low-income groups,
19 per cent from the medium-income
level, and 54 per cent from the high-
income bracket. About 21 per cent are
from public schools, and the rest from
other schools. Besides, they come from
26 States and 235 universities/colleges,
representing different language and cul-
tural backgrounds.
In this widening diversity, students
from low castes, the poor, women and
those from different religious, regional,
rural and language backgrounds live in
the company of high caste, urban and
better off males who dominated the
higher education campus scene for
long. With greater diversity, students
bring with them ideologies, values and
differing ways of dealing with others.
While diversity provides a unique op-
portunity for students to experience its
richness under one roof, it also poses
challenges of living in a socially inclu-
sive way. It tends to induce social and
peer groups around identities and de-
velop a divide in social relations that
are along caste, ethnic, class, linguistic,
regional and religious lines. Exclusion-
ary behaviour also brings on discrimi-
nation, psychological and physical vio-
lence for the low castes and women.
Thus, the nations long-standing legacies
of caste, gender and class antagonism
are replicated on campuses. As higher
education moves forward, it does so
on social platforms of caste, gender,
and class cleavages.
A study by Prof. Mary Thornton
and others of five higher educational
institutions in India and the United King-
dom, in 2010, observed that separa-
tion of groups on the higher education
campuses studied is pervasive and ubiq-
uitous. While some such separation may
be for supportive reasons, convenience
or inertia, at other times it is due to overt
discrimination on the grounds of race,
region, nationality, caste, class, religion,
age or gender. In 2013, Samson
Ovichegan, in a study on the experience
of Dalits in an elite university in India,
observed that this university is yet an-
other arena in which the practice of
caste division continues to exist. The
university environment reinforces and
maintains a divide between Dalit and
non-Dalit. Dalit students do, indeed,
experience overt and covert discrimi-
nation based on caste at this premier
university.
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Crucial moment Crucial moment Crucial moment Crucial moment Crucial moment
Higher education in India today
lacks the potential and capacity to pro-
mote cognitive knowledge, social skills,
values and actions for civic learning and
democratic engagement that are so es-
sential to build citizenship. A U.S. re-
port on education, A Crucible Moment:
College Learning and Democracys Fu-
ture , observed that unlike liberty,
civic knowledge and capability are not
bestowed at birth. They are hard won,
through education at all levels and
through taking seriously the perspectives
of others. Democratic insight and com-
petence are always in the making, al-
ways incomplete. Therefore, civic learn-
ing needs to be an integral component
of every level of education, from gram-
mar school through graduate school,
across all fields of study.
This is a crucial moment to use
higher education and the pathways to it
as a carrier of democratic values, ide-
als, and processes, and narrow the di-
vide between the ideals of the Constitu-
tion and the reality of the daily lives of
our people. It is a critical movement for
India, when we have hardly made a be-
ginning in education to deal with diver-
sity, discrimination and sexism.
Ini ti ati ves Ini ti ati ves Ini ti ati ves Ini ti ati ves Ini ti ati ves
JNU and Delhi University have
been pushed to strengthening the
mechanism to deal with gender violence
and sexism. While these are good steps,
the direction needs to be well thought
of. Of the two ways of dealing with gen-
der and caste discrimination legal
safeguards and gender sensitisation and
learning the focus so far has been on
the former. Though essential, legal safe-
guards need to be supplemented and
supported by a strong component of
civic learning and engagement. The mea-
sures have their limitations in reforming
undemocratic behaviour. Laws discour-
age wrongdoing but do not necessarily
correct sources of undemocratic
behaviour. Laws do not strengthen
peoples knowledge and social and cog-
nitive skills for democratic practice. The
Anti-Untouchability Act of 1955 and
other such acts related to gender have
been in operation for about half-a-cen-
tury. Yet, untouchability is still preva-
lent just as gender discrimination and
violence are. Education can help in the
unlearning of undemocratic values and
practices. We need a two-pronged ap-
proach: legal safeguards and civic learn-
ing to enhance knowledge, and the so-
cial and individual capacities of students
to deal with gender and caste discrimi-
nation and violence. The goal of higher
education, in imparting knowledge and
career preparation, needs to be com-
bined with a third national goal of fos-
tering an informed and engaged citizen-
ship, and reducing the national deficit
in civic capital. The Crucible Moment
report emphasised the point that con-
structing environments where education
for democracy and civic responsibility
is pervasive, not partial; central, not
peripheral. This requires reform in our
educational system to develop a gen-
eration that will be more sensitive and
engaged in the promotion of gender and
caste equity, freedom, and fraternity,
and reduce dependence on legal safe-
guards.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Transformational politics Transformational politics Transformational politics Transformational politics Transformational politics
The Aam Aadmi Partys journey
from mass movement to political of-
fice in just one year is without a parallel
in Indian electoral history, reflecting as
it does a popular yearning for change
from the models of governance on of-
fer today. A disenchanted electorate is
clearly behind the resounding mandate
to the Arvind Kejriwal-led party which
made an ambitious leap from the anti-
corruption movement of Anna Hazare.
Yet, history has been made and the AAP
is now poised to form a government in
Delhi with Mr. Kejriwal as Chief Minis-
ter. The Bharatiya Janata Party, which
was ahead of the AAP by three seats,
wisely decided not to form a govern-
ment through horse-trading and the Con-
gress did not have the numbers. Given
the high moral ground on which the AAP
had placed the game of government
formation, the BJP could not afford to
be seen as any less righteous than the
AAP. Yet, the AAP itself was caught in a
quandary having declared in the elec-
toral run-up that it would not seek or
offer support to the Congress and the
BJP. But going back to the voters for a
fresh mandate was not an option be-
cause that would have been a betrayal
of the faith the voters had reposed in
the AAP a first-time party that had
come within a whisker of power because
of the hope it offered for political re-
newal and transformation.
The situation actually offered Mr.
Kejriwal the opportunity to put in prac-
tice a major manifesto promise: to get
the peoples feedback on issues of im-
portance. With the message from the
Jan Sabhas a resounding yes for gov-
ernment formation, the next step was
for Mr. Kejriwal to offer to form a gov-
ernment with outside support from the
Congress. The idea of a referendum it-
self was refreshing as a method of seek-
ing the peoples endorsement of the
way forward in this complex situation.
It is also a vital instrument of verifying
public opinion that is missing from
todays democratic political practice in
India. Mainstream parties seem to be
increasingly out of sync with the dra-
matic changes on the ground that indi-
cates the soaring aspirations of new
social groups. The AAP has correctly
gauged the potential and power of this
transformative energy and indeed, sees
itself as giving political expression to it.
Mr. Kejriwal is admittedly hamstrung by
having to take support from the Con-
gress, which the AAP had denounced as
irredeemably corrupt. However, even
with this constraint, he can bring about
substantive changes in governance,
starting with putting an end to the much-
detested VIP culture. While the first
breakthrough is definitely the passing
of the Lokpal law, there are still several
promises that the AAP must keep. The
real test of the AAPs commitment to
clean politics and transparent gover-
nance begins now.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Dangerous disengagement Dangerous disengagement Dangerous disengagement Dangerous disengagement Dangerous disengagement
By putting off bilateral dialogue,
India is missing the opportunity to en-
gage with the changing reality of
Pakistans power structure
The most alarming part about the
exchange of words between Indian and
Pakistani leaders this month was, per-
haps, the lack of alarm bells ringing.
After all, to have both Prime Ministers
speaking of war in their statements
should itself have been a matter of con-
cern. Yet, even as Nawaz Sharif was
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quoted by reports as having referred to
the possibility of a fourth Indo-Paki-
stani war over Kashmir and Manmohan
Singh responded to say there was no
such possibility of Pakistan winning such
a war, few were even surprised, let
alone worried. Mr. Sharifs office denied
the reported remarks and suspended
three information service officers over
the misquoted leak but it was too late
to help defuse the already tense situa-
tion between the two sides, something
a simple phone call between the prime
ministers may have been able to set
right.
But the phone lines between New
Delhi and Islamabad have been put on
hold, and far from there being any
worries both their governments seem
extremely complacent about the fact
that the comprehensive (formerly
composite) dialogue isnt being re-
sumed. In Pakistan, efforts towards di-
rectly engaging with India have been put
off until after the general elections in
2014, while in India, the government has
decided that engaging with Pakistan re-
quires political backing from the ruling
party as well as the Opposition, which
it lacks, especially given that Pakistans
military establishment retains its veto
on better ties with India. As a result, all
aggressive statements from Pakistans
leadership are dismissed as the voice
of Sharifs military masters, while in
Pakistan, Indias leaders are seen sim-
ply upping the rhetoric ahead of elec-
tions. Neither assumption is accurate,
but is leading to a dangerous period of
disengagement that neither India nor
Pakistan can afford to prolong.
The biggest danger from such dis-
engagement is the damage to Indias
leverage in negotiating with Pakistan.
When Manmohan Singh met with Nawaz
Sharif in New York for example, the one
takeaway announced by officials was
that DGMOs on both sides would meet
and take steps to defuse the tensions
that erupted at the LoC after the killing
of Indian Jawans in August. It took three
months and the changing of the Paki-
stan Army chief for that meeting to even
be scheduled, despite several Indian
reminders. The meeting will come after
a year which has been the worst for the
India-Pakistan ceasefire, with the Army
reporting 149 ceasefire violations by
Pakistan higher than in the past eight
years since the ceasefire agreement and
more than the past two years put to-
gether this year .
On another front, Pakistans gov-
ernment is showing little movement on
bringing the men accused of planning
and directing the 26/11 Mumbai attacks
to justice. Despite Prime Minister Singh
and every other leader having made this
the first point on the Indian agenda dur-
ing meetings, the trial against the
Lashkar-e-Taiba is yet to be fast-
tracked. Instead, it has been adjourned
more often than the case has been heard,
and the judge in the trial has been
changed an unprecedented five times
since March 2012. It is necessary that
for the trial to be taken to its conclusion
the court now hearing it accept not just
the testimonies of officers on the LeT
camps where Ajmal Kasab and the other
gunmen were trained, but also the docu-
ments taken by the Judicial commission
that visited Mumbai last month. Much
will depend on the prosecution in the
case, and on a push from the govern-
ment that has made ambiguous state-
ments in the case. In an interview to CNN-
IBN last month, outgoing High Commis-
sioner Salman Bashir spoke of Indias
focus on the pace of the trial as a fixa-
tion, holding out little hope for an early
or conclusive end to the trial. While the
delay is a continuing worry for India,
any move by the judge to dismiss the
charges against the seven men charged,
including LeT operations chief Zaki ur
Rehman Lakhvi, would be disastrous for
India-Pakistan relations.
Erosion of progress in ties Erosion of progress in ties Erosion of progress in ties Erosion of progress in ties Erosion of progress in ties
It is necessary to see these as evi-
dence of increasing aggression on the
part of Pakistan when dealing with In-
dia, and it may also be time to recognise
that Indias leverage has considerably
reduced amongst policymakers in Paki-
stan due, in part, to the lack of bilateral
contact between the two. In fact, if the
secretary-level dialogue is not resumed
by elections next year (allowing a few
more months while the new government
settles), there will have been a two-year
gap in talks between the foreign minis-
tries and others in New Delhi and
Islamabad. Already, that gap has meant
that the advantage from the big strides
made on trade by the Commerce
Secretaries last September and in the
dialogue on visas by the Home Sec-
retaries last December has fallen by
the wayside.
Finally, by putting off bilateral dia-
logue, South Block is missing the op-
portunity to engage with the changing
reality of Pakistans power structure.
Since his election in May this year,
Nawaz Sharif has been beaten back on
many of his initiatives and has essen-
tially been treading water vis--vis other
constitutional authorities, namely the
military and the judiciary. But that is all
about to change, as columnist Mariana
Babbar recently wrote: As the day
breaks on 2014, Pakistan will have not
only a newish parliament, a democrati-
cally-elected prime minister and a nomi-
nated president, but also a new Chief
Justice (Tassaduq Jillani), joint chiefs of
staff committee chairman (Lt. Gen.
Rashid Mahmood) and Raheel Sharif, the
new Army chief.
Sharif gets assertive Sharif gets assertive Sharif gets assertive Sharif gets assertive Sharif gets assertive
Already, Mr. Sharif is testing the
new space he has in the past week,
he has turned around no less than four
diplomatic appointments, including that
of Foreign Secretary and High Commis-
sioner to India, replacing the relatively
junior career diplomat Syed Ibne Abbasi
with Pakistans Berlin envoy Abdul Basit
for the New Delhi posting. Mr. Basit, who
enjoys the establishments backing, had,
in fact, to be accommodated after Mr.
Sharif decided to appoint another of-
ficer, Aizaz Chaudhury, instead of him
as Foreign Secretary. Many have re-
marked on Mr. Sharifs choice of army
chief and his having passed over more
senior Generals favoured by General
Kayani as being another example of the
PMs muscle-flexing. Others are now
pointing to the scheduling of the DGMO
meeting, something the Pakistan army
has resisted so far, as being further evi-
dence of Mr. Sharifs assertiveness, even
as he dispatched his brother and Punjab
Chief Minister Shahbaz Sharif with the
message.
While Pakistans security situation
remains a matter of concern, it has also
entered a period of relative calm, as has
the economy. This year, the Karachi
Stock Exchange was declared one of
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the worlds best performing markets,
with a rise of more than 40 per cent,
giving Mr. Sharif a breather and India
new opportunities to expand its hori-
zons. Even as Mr. Sharif continues to
attempt to find his feet, however, it is
worth noting that India and Afghanistan
are heading for periods of relative flux,
with elections planned in both countries
next summer and the ISAF forces pro-
posed pullout later in the year.
India and Pakistan have often
made the mistake of delaying engage-
ment with the idea that it will buy them
time, that Pakistans civilian government
needed more time to win over military
approval, or that Indias government
needed time to build political consen-
sus on the issue. On every occasion, they
have been proven wrong, whether it was
about General Musharrafs decision to
put off a resolution along the lines of
the four-step formula in 2007 or, indeed,
about Manmohan Singhs decision to
hold off on final talks on Sir Creek in
2008. Each time, it is those opposed to
the peace process anti-India jihadi
groups like the LeT or those within the
Pakistani establishment who back
them, who have used that time to halt
the process by planning another attack
at the LoC or inside India. It is necessary
to remain vigilant on both counts, even
as the two sides talk. For Dr. Singh, keep-
ing his promise of visiting Pakistan or
opening up of the borders may be a far-
off dream today, but restarting the dia-
logue process is still within grasp, espe-
cially if he heeds the former American
president who said, You may delay, but
time will not.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Political arrogance on display Political arrogance on display Political arrogance on display Political arrogance on display Political arrogance on display
The Maharashtra governments
decision to reject the findings of a judi-
cial commission that has indicted four
former Chief Ministers and a dozen civil
servants for extending illegal patronage
to the controversial Adarsh Coopera-
tive Housing Society constitutes a bra-
zen display of political arrogance. It is
in line with its propensity to cover up
scandals and question even credible
findings. What comes out in the report
is the sordid story of political patron-
age, misuse of power and subversion of
law in the perpetration of the Adarsh
fraud. The project involved erecting a
multi-storeyed residential complex on
public property, ostensibly for defence
personnel. Yet, beginning with the hous-
ing societys membership, every norm
was violated, and every rule in the book
either twisted or violated to favour a
few. The original list of 40 members had
no one from outside the services, but it
was soon expanded to cover bureau-
crats, politicians, their relatives and
army bigwigs. By the time the apartment
complex was completed in 2010, the
list of beneficiaries had swollen to 102,
of which only 37 were related to the
defence department. Politicians and
bureaucrats connived with the housing
society to circumvent development
control rules and get a completion cer-
tificate, overlooking the need for man-
datory environment clearance.
The commission, comprising re-
tired judge J.A. Patil and former Chief
Secretary P. Subrahmanyam, has come
to the same conclusion as the Comp-
troller and Auditor General did in a re-
port two years ago. If the audit found
that those holding fiduciary responsi-
bility had betrayed it for personal
aggrandisement, the commission says
the entire issue smacks of undue haste
and [a] desire to bestow benefit on the
society. The governments rejection of
the report came a few days after
Maharashtra Governor K.
Sankaranarayanan refused sanction to
prosecute former Chief Minister Ashok
Chavan, who had quit in the aftermath
of the controversy. The Governors
stand that there is insufficient evidence
flies in the face of the judicial panels
finding that there was a nexus between
Mr. Chavans actions and the benefit
derived by his close relatives. The need
for such sanction for offences under the
Indian Penal Code is itself legally ques-
tionable, as the Supreme Court ruled in
2006 that prosecution for cheating and
conspiracy required no prior sanction.
And Mr. Chavan is no more in office,
obviating the need for sanction under
the Prevention of Corruption Act. On the
political front, what is inexplicable is
that at a time when the national mood
is one of disgust at pervasive corrup-
tion and when the Congress is seeking
credit for the passage of the Lokpal Bill,
a government led by the party should
brazen it out in the face of a fierce in-
dictment.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
An abuse of immunity? An abuse of immunity? An abuse of immunity? An abuse of immunity? An abuse of immunity?
The arrest of Indian Deputy Con-
sul-General Devyani Khobragade in New
York and the alleged mistreatment she
faced have resulted in a diplomatic row
between India and the United States. The
Indian stance, after initial assertions that
she enjoyed diplomatic status and that
she should not have been arrested, now
appears to focus on the manner of her
arrest and her subsequent treatment. The
U.S. has sought to justify the arrest on
the grounds that the proceedings do not
relate to Ms. Khobragades official acts,
and has asserted that it followed the
standard procedure in relation to her
treatment. On the diplomatic front, In-
dia is reported to have initiated some
tough measures, including the removal
of security barriers around the U.S. Em-
bassy in Delhi.
Question of immunity Question of immunity Question of immunity Question of immunity Question of immunity
At the outset, it is important to
draw a distinction between diplomatic
agents of states and consular staff.
While the 1961 Vienna Convention on
Diplomatic Relations covers the privi-
leges and immunities of diplomatic
agents, the treatment that consular staff
are entitled to is laid down in the 1963
Vienna Convention on Consular Rela-
tions. As the Deputy Consul-General at
the Indian Consulate in New York, Ms.
Khobragade was, at the time of her ar-
rest, a member of consular staff, and
not a diplomat.
Unlike the 1961 Convention, which
vests diplomatic agents with absolute
immunity from arrest, the 1963 Conven-
tion states that Consular officers shall
not be liable to arrest or detention
pending trial, except in the case of a
grave crime and pursuant to a decision
by the competent judicial authority
(Article 41(1)). Article 43 of the Con-
vention goes on to vest consular offic-
ers with immunity from jurisdiction of
the receiving State in respect of official
acts.
It is evident that the allegations
against Ms. Khobragade relate to her
personal and not to her official acts. This
means that she is not immune from the
jurisdiction of U.S. courts in relation to
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Retaliatory measures Retaliatory measures Retaliatory measures Retaliatory measures Retaliatory measures
India has reportedly taken the fol-
lowing retaliatory measures: (i) removal
of security barricades around the U.S.
Embassy in New Delhi, (ii) withdrawal
of airport passes and import privileges
(iii) identity cards issued to U.S. diplo-
mats to be turned in and (iv) refusal by
several leaders including the Speaker of
the Lok Sabha and the National Security
Adviser to meet a visiting U.S. Congres-
sional delegation. Some politicians have
also suggested prosecution of same-sex
partners of U.S. diplomats.
While some of these measures
such as refusal to meet the delegation
or withdrawing discretionary privileges
are merely political in nature and are
best left to the discretion of such politi-
cians, other steps like reducing security
measures at diplomatic premises and
embassies may violate international
law, specifically Article 22(2) of the 1961
Convention that imposes a special duty
upon the host State (i.e., India) to take
all appropriate steps to protect the pre-
mises of the mission against intrusion
or damage, or disturbance of peace or
impairment of its dignity.
Even presuming that the U.S. gov-
ernment is in breach of its international
law obligations, it does not warrant re-
taliation by India, by means which
breach international law. International
law allows countermeasures (breach of
international obligations in response to
a breach by the targeted country) only
as a last resort and in very narrowly de-
fined circumstances. The only options
available, that are viable in international
law, are a withdrawal of discretionary
privileges, declaration of certain mem-
bers of the U.S. diplomatic and consu-
lar staff as persona non grata (which may
be considered too drastic a step) or re-
calling of Indian consular staff and dip-
lomatic agents posted in the U.S.
In terms of international dispute
settlement, India has few, if any, legal
options. Recourse to the International
Court of Justice (ICJ), the only possible
option, is not available in this case (un-
less the U.S. consents to the same), since
the U.S. has not accepted the compul-
sory jurisdiction of the ICJ.
While the two countries attempt
to iron out their differences through dip-
lomatic and legal channels, Ms.
Khobragade can, if she and the govern-
ment of India so desire, avoid further
encounters with the U.S. authorities by
remaining in the Indian Embassy or the
premises of the Permanent Mission of
India to the U.N., which cannot be en-
tered by U.S. authorities without
authorisation from India.
Obligations of India and Obligations of India and Obligations of India and Obligations of India and Obligations of India and
Indians Indians Indians Indians Indians
Notwithstanding the several privi-
leges and immunities Indian diplomats
and consular officers are entitled to,
they have a corresponding duty under
the 1961 Convention and the 1963 Con-
vention, to respect the laws and regula-
tions of the host State. Irrespective of
how Ms. Khobragade was treated by
U.S. authorities, we must not forget the
original allegation that she is in viola-
tion of U.S. law.
This possible violation of host
State law needs to be investigated by
Indian authorities. It is imperative that
India develop a framework to address
misconduct of Indian officials abroad,
who have been exempted from pros-
ecution due to consular or diplomatic
immunity. Though not an obligation un-
der international law, such a step by In-
dia will go a long way as a goodwill
diplomatic gesture. It will also ensure
quick responses from other countries
when pleading immunity on behalf of a
national, since there would be an assur-
ance that the offender would face legal
consequences in one or other jurisdic-
tion.
Also, Indias latest step of re-des-
ignating Ms. Khobragade as a diplo-
matic agent to the U.N., with a view to
bring her under diplomatic immunity,
may be viewed internationally as an
abuse of the international legal process,
given that Section 14 of the 1946 Con-
vention on the Privileges and Immuni-
ties of the United Nations (which gov-
erns immunities of representatives of the
Members to the U.N., since the 1961
Convention is silent on it) expressly
states: Privileges and immunities are
accorded to the representatives of
Members not for the personal benefit
of the individuals themselves, but in or-
der to safeguard the independent exer-
cise of their functions in connection with
this allegation. However, this in itself
does not render the arrest legal. There
may be situations where a country may
have jurisdiction to try an offence, but
an arrest would violate international
law. An Indian domestic law analogy
may be one where the police station
has jurisdiction to investigate an alleged
offence, a magistrates court may have
the power to try the case, and yet an
arrest may be illegal due to various rea-
sons like the lack of a warrant where
required, or arrest of a woman after sun-
set. Similarly, for Ms. Khobragades ar-
rest to be legal, in addition to the U.S.
possessing jurisdiction to try her for the
offence, it needs to be established that
the conditions laid out in Article 41(1)
are satisfied: (i) that her arrest relates to
a grave offence and (ii) her arrest was
pursuant to a decision by a competent
judicial authority.
The 1963 Convention does not
define what qualifies as a grave of-
fence. However, the rejection of an ini-
tial draft that suggested that arrest be
restricted to offences that carry a
maximum sentence of five years or more
indicates that the Convention leaves it
to each State to determine, under its
own domestic law, whether an offence
amounts to a grave one. The charges
that have been levelled against Ms.
Khobragade are categorised as felonies
in U.S. law. This may be sufficient to
meet the requirement of a grave of-
fence.
As per the documents published
i n The Hindu , her arrest was pursuant
to a warrant issued by Hon. Debra Free-
man, United States Magistrate Judge for
the southern District of New York, a ju-
dicial authority. Thus, both the require-
ments imposed by the 1963 Convention
for the arrest appear to have been met.
Even if the arrest was legal, her
treatment including handcuffing and a
strip-search could amount to violations
of Article 41(3) which requires that
criminal proceedings against a consular
officer be conducted with the respect
due to [her] by reason of [her] official
position.
In sum, the arrest itself appears to
be legal. However, a challenge to the
manner of the arrest and the subsequent
treatment may be tenable.
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the United Nations. Consequently, a
Member not only has the right but is
under a duty to waive the immunity of
its representative in any case where the
immunity would impede the course of
justice, and it can be waived without
prejudice to the purpose for which the
immunity is accorded.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
A punitive sexual security A punitive sexual security A punitive sexual security A punitive sexual security A punitive sexual security
apparatus apparatus apparatus apparatus apparatus
While the definition of rape is now
expanded, the new enactment has taken
us dangerously in the direction of a
sexual security regime than toward more
rights
A year after the gruesome gang
rape and murder of the young woman
on the streets of Delhi comes a moment
to pause and reflect on the gains and
losses that triggered the response to this
event and several others involving is-
sues of sex, sexism and sexuality.
India demonstrated its anger as
young men and women poured onto the
streets over the issue of violence against
women and their unrelenting daily ex-
periences of being groped and harassed
in the public sphere.
The protests found a voice in the
bold and progressive report of the
Verma Committee. The report sought to
address the issue of violence against
women and sexism through a frame-
work of rights, most notably through the
rights to bodily integrity and sexual au-
tonomy. The report marked a significant
attempt to shift away from addressing
gender violence primarily within the
framework of criminal law and
carcerality, which has done little to pre-
vent such violence, has reinforced pro-
tectionism and infantilism.
Unfortunately, the minuscule
minds in Parliament largely ignored the
rights dimensions of the Verma com-
mittee report. Instead, they enacted a
more stringent punitive regime to deal
with the crime of rape, including the
imposition of the death sentence in
some instances. While the definition of
rape was expanded, when combined
with a strengthened punitive apparatus,
it has taken us dangerously in the direc-
tion of a sexual security regime rather
than toward more rights.
Domain of criminal law Domain of criminal law Domain of criminal law Domain of criminal law Domain of criminal law
The year has seen a spectacular
increase in the reportage of rapes and
sexual assaults, including of the appall-
ing gang rape in Bombay to the recent
alleged sexual assault
by Tehelka founder Tarun Tejpal, which
have been caught under the provisions
of the new Sexual Harassment of Women
at Workplace (Prevention, Prohibition
and Redressal) Act, 2013. If the accused
in these specific cases are convicted,
they face a mandatory minimum sen-
tence of ten years.
Yet, we need to pause and ques-
tion whether the criminalisation of the
entire spectrum of non-consensual
sexual activity and a strengthened puni-
tive regime can serve as an effective
recipe for promoting and facilitating
womens human and fundamental
rights? Should criminal law continue to
remain the primary domain for address-
ing matters of sex? The LGBT commu-
nity says a resounding no to this ques-
tion.
The Supreme Courts verdict on
Section 377 has been subjected to near
universal condemnation domestically as
well as internationally. The provision
targets gay men, criminalises and
stigmatises the entire LGBT community.
The court upheld an archaic, colonial
law designed to impose Victorian sexual
values on a native population, who were
considered lesser humans or non-
humans. The minuscule and mean
mindset that informs this decision, com-
promises on the protection of the rights
of minorities, which is the cornerstone
of the Constitution and our democracy.
By pejoratively referring to LGBTs as a
small fraction of the population, the
court not only failed to protect the rights
of a vulnerable minority, it also repro-
duced a colonial mentality.
More troubling is how the court
used the right to equality to justify dif-
ference in treatment, based on the ra-
tionale that only those who are alike are
entitled to sameness in treatment.
Justice Singhvi upheld the distinc-
tion between those subjected to Sec-
tion 377, which criminalises a sexual
minority, and those who are not, namely
individuals who engage in heterosexual
procreative sex. He held that persons
who indulge in carnal intercourse in the
ordinary course and who indulge in car-
nal intercourse against the order of na-
ture constitute different classes, and the
people falling in the latter category can-
not claim that Section 377 suffers from
the vice of arbitrariness and irrational
classification. Thus, in this decision
equality is used to legitimise bigotry and
homophobia in the criminal law.
Arbitrary distinctions Arbitrary distinctions Arbitrary distinctions Arbitrary distinctions Arbitrary distinctions
The court followed a shameful
line of precedents in this area that have
used a separate but equal standard to
justify slavery, apartheid, and the per-
secution of religious minorities, all on
the grounds that the classification was
reasonable and hence the difference in
treatment valid. Equality should be
about redressing historical disadvan-
tage, not about upholding arbitrary dis-
tinctions under the guise of reasonable
classifications.
The criminal law is being used to
target sexual activities and sexual groups
that we do not like. It is for this reason
that non-consensual heterosexual con-
duct such as marital rape continues to
be exempted from its purview, while
consensual homosexual sexual relations
are not. Womens rights, together with
those of sexual minorities, are being
sucked into the vortex of a punitive
sexual security apparatus. The battle is
in targeting the ill-advised urge to ad-
dress issues of sex through the criminal
law and ensure that it remains firmly,
and without compromise, an issue of
fundamental rights and human dignity.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
Counting tigers more Counting tigers more Counting tigers more Counting tigers more Counting tigers more
accuratel y accuratel y accuratel y accuratel y accuratel y
When the Ministry of Environment
and Forests assessed the status of ti-
gers, other predators and prey in India
in 2006 and 2009, it wanted the exercise
to become a robust baseline for future
conservation programmes. The results
published in 2010 claimed an improve-
ment in estimated tiger numbers, at
1,706 individuals compared to 1,411 in
2006. Yet, there appeared to be a con-
tradiction in this, as the geographical
area occupied by the charismatic cat
was reported to have decreased in some
ranges, notably in some Central Indian
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States and parts of the Western Ghats.
A fresh exercise to count the countrys
tigers led by the National Tiger Conser-
vation Authority has now been
launched. This is an important project,
given that India hosts the most number
of tigers in the wild. What is interesting
is that a mere 10 per cent of the habitat
today hosts 90 per cent of the repro-
ducing populations of the big cat. It is
this area that needs rigorous monitor-
ing on an annual basis, and not a general
count once in four years. Also, the meth-
ods used should be open to indepen-
dent scientific scrutiny, perhaps by a
consortium of scientific institutions.
Conservation science has come up with
credible ways to estimate the density
and occupancy of tigers and needs to
be used rigorously. The NTCA already
has access to research strategies for-
mulated by leading tiger scientists for a
focussed monitoring protocol to track
source populations of tigers those
that are crucial for the survival of the
species. It should employ them fully.
One of the criticisms of the
scheme to sample tiger densities
which cost about Rs.12 crore in 2006
according to published accounts is
that it is likely to ignore sharp and rapid
declines in populations. The methodol-
ogy being used since 2006, including
camera traps is, of course, an improve-
ment over the unscientific analysis of
pugmarks employed for nearly three
decades. But the monitoring should be
a targeted annual exercise that yields
good data to inform policy. At present,
although a lot of information is gener-
ated for the entire tiger habitat, it does
not yield insight into areas of high den-
sity. A scientific consortium approach
may therefore prove rewarding.
Karnataka, for instance, has benefited
from involving top scientists in conser-
vation. Given the limited scientific re-
sources at the disposal of the Environ-
ment Ministry, and the large external
pool of science-based conservation
organisations, there should be no hesi-
tation to broaden the scope of moni-
toring. It is equally important to involve
local communities, choosing volunteers
who can be trained and deployed along
with scientific personnel.
Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu Courtesy-The Hindu
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Indias economy is headed in a
new direction striving to touch
double-digit annual growth rates, and
a sustainable, equitable and inclusive
growth, taking into account the needs
of all sections of society. Despite the
current slowdown, the rapid eco-
nomic growth attained over 2004-09
has raised high hopes that the Indian
economy can grow at a double-digit
rate. Here we explore the role of ag-
ricultural development in inclusive
double-digit growth. What role will
agricultural development play if the
Indian economy is to grow in an in-
clusive and sustainable way at a
double digit rate for three decades
as Chinas economy has done? Con-
tinued population growth and
double-digit economic growth that
is inclusive will drive up food demand
rapidly and change its composition.
Supply will have to increase and it
will have a different composition.
Agricultural output can in-
crease only through expansion of ir-
rigation, investment, intensication of
input use, and by way of technical
progress. Since intensication of in-
put use will run into diminishing re-
turns, and since water availability is
limited, technical progress will be
the ultimate source of agricultural
growth. What rate of total factor pro-
ductivity growth (TFPG) in agricul-
ture will be needed to sustain agri-
cultural and economic growth? In an
open economy, rising food demand
can be met by imports, but natural
and political economy constraints
limit the proportion of food that can
be imported without putting the food
security of the huge population of
India at risk.
Indian agriculture is also consid-
ered to be vulnerable to the threat of
climate change, which is expected
to lead to global price increases and
make reliance on imports less accept-
able.
Will accelerating productivity
growth and sustained expansion of
irrigation supportthe higher agricul-
tural growth needed? Will domestic
agriculture be able to provide the
required food in the long term, say
over the next three decades? Or will
limits to agriculture growth impose
limits to economy-wide consumption
and/or income growth? What will be
the role of imports? These are the
speci c questions we address here.
The Approach The Approach The Approach The Approach The Approach
We explore these questions us-
ing a multisectoral, inter-temporal
programming model that has the
needed structure and features for
addressing these issues. It has 28 sec-
tors, of which 15 are agricultural (for
details, see Parikh et al 2011). Crop
production from irrigated and
unirrigated land is distinguished so
that there are 40 production activi-
ties. Land allocation to different crops
is done within the constraint of 140
mha of net cultivated area and the
available irrigation capacity.The
model covers the whole economy
and captures macro feedback and
ensures macro balances.
It has 20 consumption classes,
10 rural and 10 urban. Of these, ve
classes in each sector are at much
higher consumption levels than ob-
served today and will be the ones into
which the population will move as its
income increases. Each class has its
own expenditure system. Income
distribution is determined for every
T
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period endogenously, depending on
the level of aggregate consumption
and prescribed parameters of the log
normal income distributions for rural
and urban consumption. Rural
people migrate to urban areas de-
pending on the relative gross domes-
tic product (GDP) from agriculture
and non-agriculture. A particularly
important feature of the model is a
demand system that can predict the
consumption behaviour of classes at
much higher income levels where
income elasticities of demand for
food will be much lower than today.
The possibilities of imports and
exports provide some exibility in
sectoral composition. The scenario
will be affected by whether con-
sumption or GDP is maximised.The
model in most scenarios maximises
the present discounted value (PDV)
of private consumption over 10 time
points four years apart. If growth is
to be inclusive, we should maximise
private consumption. The base year
is 2007 and the last year is 2039. We
develop various scenarios that pro-
vide alternative possible futures for
the economy and its agriculture. They
are not predictions, but tools to ex-
plore the economic consequences of
alternative assumptions.
The Results The Results The Results The Results The Results
The Reference Scenario In the
reference scenario (RS), we take
trend values of critical variables. An
important concern is how fast tech-
nical progress increases productivity.
Technical progress is widely
recognised as an important driver of
economic growth. Output can be in-
creased by investing more capital,
employing more labour, cultivating
more land, or by using more inputs.
TFPG measures the increase in the
productivity of factors such as land,
labour, and capital. It indicates that
output will increase by TFPG with the
same levels of factors. In the model,
TFPG is incorporated as the rate at
which capital/ output ratio goes
down and the rate at which yield per
hectare increases for the same levels
of inputs.
A TFPG of 1.5% would in 20
years reduce the factorrequirement
by nearly 20% to 81%, and a TFPG of
3% will reduce it to 55%. TFPG in the
agriculture sector is set at 2%, a rate
that was achieved in the 1980s (Fuglie
forthcoming) and from 2003 to 2007,
but that may be a bit on the optimis-
tic side. In the non-agricultural sec-
tor, TFPG is set at 3.0%. It may be
noted that over and above the pre-
scribed TFPGs, we have a fuel use
ef ciency growth of 1.5%, an elec-
tricity use efciency growth of 1.0%,
and a use of wheat, rice, and other
agricultural commodities as interme-
diate inputs efciency growth of
1.5%. Thus the overall productivity
growth will be signicantly higher
than the weighted average of the
TFPG of 2% for agriculture and 3.0%
for non-agriculture assumed in many
of the scenarios. Together, these as-
sumptions imply that the reference
run is a slightly optimistic scenario.
Another critical assumption is that the
net irrigated area will increase to 90
mha by 2039 from 63 mha in 2007-
08. This is also a bit optimistic, con-
sidering the virtual stagnation, or even
reduction, in the area of surface irri-
gation since 1990-91 and the
overexploitation of groundwater in
many parts of the country. The coun-
try added only 20 mha of irrigated
area from 1980 to 2007.Finally, the
permissible levels of imports critically
affect the scenarios.
For example, in the reference
run, the imports of wheat and rice
are limited to 3.0% of domestic avail-
ability (or 3.1% of domestic produc-
tion), close to self-sufciency. From
1990 to 2010, India was a net im-
porter of cereals only in two years and
the maximum import was 2.6 million
tonnes in 1993, constituting less than
2% of domestic production. This
reects the strong policy preferences
of Indias policymakers for national
food security that are consistent with
the large size of the population. In
the reference scenario, coarse cere-
als imports are limited to 10%, milk
and milk products imports to 6%, ani-
mal products and forestry products
to 30%, and all other agricultural com-
modities to 15% of availability (17.6%
of production). The import con-
straints imposed on other sectors of
the economy are also much wider
than what is seen historically. The ref-
erence scenario (Table 1) shows a
per capita private consumption
growth rate of 7.70% an agricultural
growth rate of 4.25%, and a growth
rate of GDP of 8.40%. At these rates
of growth, GDP rises more than 13-
fold between 2007 and 2039 while
per capita consumption rises nearly
11-fold.
The reference run implies that
a per capita consumption growth rate
of 7.7% and a GDP growth r ate of
8.4% require an agriculture growth
rate exceeding 4%, slightly higher
than the target rate for agricultural
growth generally assumed in Indias
ve year plans. The higher rate of
increase of rural per capita consump-
tion compared to urban consumption
is the outcome of an assumed fall in
urban- rural consumption parity.
Though per capita rural consumption
increases at a higher rate, it is still
much below urban consumption
even in 2039.With these growth rates,
the share of agriculture in GDP goes
down to 5% by 2039, and the share
of GDP from the foodgrains sector to
1%. Even then agriculture constrains
the growth of GDP. The investment
rate uctuates between 19% and 8%,
well below what would have been
possible given the upper bound of
35% on the marginal savings rate.
As it is possible to increase
investment, higher growth rates of the
economy would be possible. Why
was the growth rate of GDP only 8.9%
in the reference scenario? The rea-
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son is we maximise consumption in it
and given the limited land, irrigation
capacity and import restrictions, ag-
ricultural supply is limited and con-
sumption cannot be increased any
further. The import bounds and land
constraints for both irrigated and
unirrigated land become binding in
the beginning of 2023. This means
that our model projects the economy
being constrained by the availability
of agricultural commodities from
2023 onwards. This raises the ques-
tion of whether the demand for food
projected is too high. We next look
at this.
Changing Structure of Food
Consumption The rapid growth in
consumption is accompanied by a
change in consumption patterns in
the reference scenario. Figure 1
shows the per capita consumptions
of foodgrains. In calculating the
physical quantities of foodgrains from
monetary expenditure, we have
accoun ted for quality differences in
the consumption of different classes.
Total foodgrains consumption in-
creases only marginally from 139 ki-
lograms/year to 142 kg/year. In total
foodgrains, rice and coarse cereals
consumption decreases over time,
while the consumption of wheat in-
creases, and that of gram and pulses
rises more signicantly.
This is similar to the trend seen
internationally in many Asian econo-
mies. Our new consumer demand
system therefore is able to repro-
duce these trends even over the
enormous income changes that are
asso ciated with nearly 35 years of
rapid growth. The change in the con-
sumption pattern, while not unex-
pected, is even more striking when
we look at other fooditems. The
expenditure share of foodgrains (ce-
reals and pulses) goes down by more
than half, from 29% to 12% and that
of oils from 11% to 7%. The agricul-
tural economy will be even less domi-
nated by foodgrains than today. The
share of sugar remains more or less
constant. The shares of all high-value
commodities rise from 12% to 13%
for meat, sh, and eggs, from 18% to
21% for horticulture, and from 17%
to 31% for milk and milk products.
These high value products will there-
fore constitute almost two-thirds of
the total food consumption expen-
diture.
The increase in the share of ani-
mal products is striking. By 2039, milk
and milk products will account for
most of this increase, as it alone con-
stitutes 31% of the total food expen-
diture. The share of meat, eggs, sh,
and animal services rises by 1%. The
high increase in consumer expendi-
ture on animal products is consis-
tent with the differences in consump-
tion across expenditure classes in the
NSS data of 2007-08, which shows
that the richest decile in rural areas
consume 16 times and in urban area
nine times as much milk as the respec-
tive poorest decile. Thus it is not the
demand system that leads to agricul-
tural growth being critical for inclu-
sive growth. To illustrate this point
further, we develop a scenario in
which GDP is maximised.
Maximising GrowthIn the
growth rst scenario (GF), the
present discounted value of GDP is
maximised and a minimum growth
rate of per capita consumption of 3%
is stipulated. A much higher eco-
nomic growth rate is achieved with
exactly the same assumptions as in
the reference scenario on land,
TFPG, irrigation, and import bounds.
The broad characteristics of this sce-
nario are summarised in Table 3.It is
seen that with an emphasis on
growth a much larger GDP growth
rate of 15.25% is realised at t he cost
of pr ivate consumption. The growth
rate of private consumption is merely
the minimum stipulated 3% in growth
rst, compared to the 7.70% in the
reference scenario. Of course an
economic growth rate of more than
15% over 30 years is highly unreal-
istic as other resource constraints may
become binding, but the scenario il-
lustrates the point that the consu
mption growth rate has to be much
higher for inclusive growth. This is
seen from the number of persons in
poverty in the two scenarios. Whereas
in the reference scenario poverty is
virtually eliminated by 2039, in
growth rst, 111 million people re-
main below the poverty line even in
2039. Since Indias policymakers aim
at inclusive growth in all other sce-
narios, we maximise the present dis-
counted value of private consump-
tion.
Double-Digit Inclusive
GrowthIn the reference scenario,
with the maximisation of consump-
tion, limits on the availability of agri-
cultural com modities due to con-
straints on land irrigation andimports
curtail the growth rate. The availabil-
ity of agricultural commodities needs
to be stepped up to attain
doubledigit inclusive growth. This
can be done by increasing the TFPG
in agriculture and/or expanding irri-
gation and/or by permitting larger
imports of agricultural commodities.
We now examine these options.
Impact on Poverty Impact on Poverty Impact on Poverty Impact on Poverty Impact on Poverty
The poverty line for rural areas
at 2003-04 prices is Rs 6,800/per-
son/per year and for urban areas Rs
10,800/ person/per year. With growth
over time, poverty decreases in both
rural and urban areas in all the sce-
narios. However, urban poverty de-
creases at a faster rate than rural
poverty. If we continue with poli-
cies as usual, that is, the reference
scenario, then we would end up with
four million people in rural areas be-
low the poverty line and no person
below it in urban areas. Poverty is vir-
tually wiped out in all the scenarios.
The scenarios that reach or exceed
double-digit growth are high tech-
nology, high irrigation, high imports,
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and all together, all showing virtually
no poverty by 2039. However, in the
growth rst scenario, we will end up
with 111 million poor people even
with a GDP growth rate of 15.25%.
Thus inclusive double-digit growth is
a must for rapid and near total eradi-
cation of poverty.
Concl usi ons Concl usi ons Concl usi ons Concl usi ons Concl usi ons
Our analysis suggests that if
imports of food are constrained to
levels slightly higher than at present,
at least a 4% growth rate of agricul-
tural GDP is needed to support GDP
growth rates in excess of 8%. This can
be attained with a slightly optimistic
agriculture TFPGrate of 2%, along
with a slightly optimistic development
of irrigation potential to 90 mha (net).
But in the past two decades,
agricultural growth has been less than
3%, and productivity growth has
been lower than 2%. Limits on total
water availability in the country, com-
petition for water from urban areas,
and slow improvements in water-use
efciency have reduced the irriga-
tion growth rate and could continue
to do so in the future. Achieving the
required agricultural gro wth is there-
fore a signi cant challenge. Global
warming will make it even more for-
midable. Very high gains result from
higher TFPG in agriculture. Raising
it to 3%, similar to Chinas level, raises
agricultural growth to 5.6% and allows
for a GDP growth rate of 10.4%.
Increasing irrigation growth that
would lead to a net irrigated area of
108 mha by 2039 raises the agricul-
tural growth rate to 4.9% and would
allow a GDP growth rate of 9.4%, even
with a TFP growth rate of 2.0%. Again,
global warming will increase the need
for water harvesting and improving
water-use ef ciency in irrigation.
Double-digit growth therefore
requires the high growth of agricul-
ture and for that we need to increase
the TFPG in agriculture and water-
use efciency so t hat as large an area
as possible is irrigated with the avail-
able water. While permitting much
larger food imports can lead to higher
growth, the country is unlikely to ac-
cept such a level of import depen-
dence. Agricultural import policy
could therefore become relevant for
economy-wide growth, even at a time
the agricultural sector has become a
smaller part of the economy as a
whole. A growth rate of nearly 12% is
feasible via full development of irri-
gation, a higher TFPG of 3% both in
agriculture and non-agriculture, and
higher import bounds. It appears odd
that constraints on the growth of the
shrinking agricultural sector should
limit the overall growth of the
economy. This happens because
large food imports are not likely to be
acceptable and because the nonag-
ricultural sector requires agricultural
inputs, such as cotton in textiles, food
in the services sector, and many more.
Would this mechanism linking agricul-
tural growth to economy-wide
growth survive a change to an alter-
native modelling strategy?
In a non-linear general equilib-
rium model with endogenous com-
modity and factor prices, but with-
out import constraints, food and agri-
cultural prices would rise as scarcity
increases. Agricultural commodities
would have to be imported at higher
and higher prices from global mar-
kets. These higher prices would re-
duce non-agricultural demand, via
the loss of purchasing power of con-
sumers and higher production costs
in sectors that use agricultural inputs.
The mechanism for constraining over-
all growth would still be operating,
although the quantitative impact
might be less severe. With high lev-
els of per capita consumption, the
demand for better quality and more
processed agricultural commodities
will increase. If better quality has
lower yield per hectare, more land
will be needed. On the other hand, if
more processing reduces the de-
mand for commodities, it can reduce
the need for land. In the latter case,
which is similar to technical progress
in agriculture, the agricultural growth
rate can increase a bit more, with
consequences for the economy as a
whole. Growth and migration lead to
a shift in the food consumption pat-
tern in the economy.
The share of food grains in total
consumption of agricultural com-
modities declines, while that of fruits
and vegetables, vegetable oils and
oilseeds, plantation products, milk
and milk products, egg, meat and
sh, and other crops increases. The
most signi cant increase is seen in
horticulture and milk and milk prod-
ucts. With economic growth, poverty
decreases over time. The decrease
in poverty is particularly rapid in a
growth scenario with higher irrigation,
higher food import limits, and Chi-
nese-level productivity. Rural areas
show a higher incidence of poverty
than urban areas and it can be
brought down to negligible levels
only in the near double-digit growth
scenarios. Finally, we have to factor
in climate change, though its threat
is likely to be small in the next three
decades. However, studies have
shown that Indian agriculture is
highly vulnerable to changes in cli-
mate a two-degree Celsius rise
could lead to a 15% to 20% reduc-
tion in yields of wheat and rice, and
will lead to domestic price increases.
Also, in the International Food Policy
Research Institutes (IFPRI) IMPACT
model, which projects increases in
global food prices up to 2050,
50% or more are due to climate
change. All this strengthens the con-
clusion of our analysis increase
TFPG in agriculture, expand irrigation,
and be cautious about relying too
much on imports if you want the In-
dian economy to achieve doubledigit
growth rate.
Dr. A Q Shekh Dr. A Q Shekh Dr. A Q Shekh Dr. A Q Shekh Dr. A Q Shekh
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Gender Budgeting is a power-
ful tool for achieving gender
mainstreaming so as to ensure that
benefits of development reach
women as much as men. It is not an
accounting exercise but an ongoing
process of keeping a gender per-
spective in policy/ programme formu-
lation, its implementation and review.
GB entails dissection of the Govern-
ment budgets to establish its gender
differential impacts and to ensure that
gender commitments are translated
in to budgetary commitments.
The rationale for gender bud-
geting arises from recognition of the
fact that national budgets impact men
and women differently through the
pattern of resource allocation.
Women, constitute 48% of Indias
population, but they lag behind men
on many social indicators like health,
education, economic opportunities,
etc. Hence, they warrant special at-
tention due to their vulnerability and
lack of access to resources. The way
Government budgets allocate re-
sources, has the potential to trans-
form these gender inequalities. In
view of this, Gender Budgeting, as a
tool for achieving gender
mainstreaming, has been propa-
gated.
With its report due late next year
which will determine centre state
scal relationships for the period
2015-20 the Fourteenth Finance
Commission (FFC) has its work
mapped out. Such are the recom-
mendations of the nance commis-
sions (FCs) that generally most of
them are accepted by the union gov-
ernment. Hence, any development
agenda that needs to be pushed
should be brought out at this stage
for incorporation in the recommen-
dations of the FFC. One such agenda
relates to gender issues. Over the last
decade, through the medium of the
union and state budgets, the prin-
ciple of viewing government
programmes and policies from a gen-
der lens has been well entrenched.
Most budgets reect a gender
budget statement which also indi-
cates certain programmes and poli-
cies for women. Government depart-
ments have constituted gender bud-
geting cells to run through
programmes from a gender lens prior
to their formalization and some new
schemes have successfully incorpo-
rated within them a gender compo-
nent, the Mahatma Gandhi National
Rural Employment Guarantee Act
(MGNREGA) being a case in point.
In fact, since its very recent introduc-
tion into the Indian public nance
system, gender budgeting can be
said to have been institutionalized,
albeit there are improvements that
can be built into it. The impact analy-
sis of gender budgeting is however
yet to be studied in ne detail.
Therefore, with the FFC, a new
thrust can be given by establishing
linkages within the devolution pattern
and also the factors that can deter-
mine the same. FCs share resources
between the centre and the states
through recommending a share in the
union tax revenues and by grants-in-
aid to states. The Thirteenth Finance
Commission (TFC) envisaged a trans-
fer of Rs 3, 18,581 crore to various
states over its award period as grants-
in-aid and a devolution of 32% as
share of the states from the shareable
pool of resources. Combined, both
form a signi cant chunk of the bud-
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getary revenues for any state. For
2013-14, for instance, the Haryana
government received close to 15%
of its resources through the FC mode.
Sharing of Union Tax Revenues Gov-
erned by Article 280(3) of the Con-
stitution, the share of union tax rev-
enue becomes the most important
task of any FC as the share of the states
from this pool is the main source of
transfer of resources from the centre
to it. Being an untied source of rev-
enue, it becomes a clear stream of
funding for the states.
In the Twelfth Finance Commis-
sion, tax devolution accounted for
81.1% of the total transfers, slightly
lower than the 86.5% of the previous
commission. In working out the crite-
ria to determine the state-wise share,
the FCs use various methodologies
along with consulting the states and
the Ministry of Finance at the centre.
They also consider other factors, i e,
economic and scal The criterion
varies from commission to commission
but population and area along with
scal discipline/tax effort are more
or less a constant for recent FCs. In
determining the scal criteria, the in-
dividual states gross state domestic
product (GSDP) is taken into ac-
count. Even for determining the scal
discipline criteria, the TFC relied
upon the states capacity to gener-
ate resources and manage their
nances properly. Tax effort, which
was an important weight age for the
Twelfth FC has been merged in the
ongoing FC under scal discipline.
The issue that arises here is:
what exactly contributes to the GSDP
and becomes an important constitu-
ent of the revenue generating capac-
ity of any state? The FC seeks re-
sponses to questionnaires from vari-
ous stakeholders including states. A
perusal of the information so sought
for the deliberations of the current
commission indicates that under the
category revenue receipts, the in-
formation sought is of state excise
inclusive of state excise on country
liquor and state excise on foreign li-
quor.
Therefore, a constituent of the
state revenues is excise duty on li-
quor. How important or how
signicant that element is in the over-
all resources of the state can be illus-
trated by going through some of the
state budgets. For instance, sale of
liquor in the state-run Tamil Nadu
State Marketing Corporation
(TASMAC) outlets was a major source
of income for the Tamil Nadu gov-
ernment with a whopping Rs
21,680.67 crore earned as total rev-
enue during 2012-13. This was a
19.91% growth from the previous
year. The sum included an excise rev-
enue of Rs 12,125.31 crore and sales
tax of Rs 9,555.36 crore. The budget
estimates for Haryana indicate a jump
of over 30% over the last scal under
the category of excise collection for
the state from country spirits, foreign
liquors and spirits, etc. These ex-
amples are merely illustrative.
The main purpose of taxation is
to generate government revenue.
Since alcohol is a lucrative revenue
source, increased sales are seen by
policymakers as a means to boost the
government coffers. On the ip side,
can governments also use taxes on
beverage alcohol for several other
purpose, i e, an attempt to reduce
abuse and harm by making alcohol
less accessible? So far as abuse of al-
cohol is concerned, there is evidence
that taxation does not effectively tar-
get those wit h a drinking problem.
People will dr ink notwithstanding the
cost they have to pay. Regardless of
this, as ICAP reports indicate, in-
crease of public access to alcohol in
a bid to garner higher revenues may
end up encouraging risks of en-
hanced partaking with socio- eco-
nomic consequences.
A report by the United Nations
(UN) women ) has also conrmed
that increase in alcohol consumption
has been indirectly encouraged by
the state with a major stake in its rev-
enues through its excise policy and
licensing of an increasing number of
retail shops. In the Indian context,
despite us having a constitutional
commitment to prohibition in Article
47 of the Directive Principles of State
Policy, the alcohol industry churns out
huge revenues for the state. A report
entitled Country Prole on Alcohol
in India by Shekhar Saxena available
at APAPAonline.org makes for inter-
esting reading in this context. It is ar-
gued that apart from tax payments
the l iquor industry also indirectly
contributes to revenues through the
mode of advertising, event sponsor-
ships, travel, tourism and sports.
The alcohol industry is lucrative
enough to generate a signicant par-
allel economy with contenders will-
ing to dole out huge sums as protec-
tion money, etc, to capture liquor
vending contracts. They no doubt
become, powerful persons with the
situation being used by such power
brokers to churn policy to their ad-
vantage with disastrous social conse-
quences for families and household
incomes. There are enough number
of instances as also case studies con-
ducted wherein Indian women have
voiced a strong c correlation be-
tween alcoholism and violence. The
existence of a vast network of li-
censed liquor shops has become a
continually growing problem. In the
UN report, women of Haryana openly
complain about how their men spend
their income on alcohol and ruin their
health.
They consider the spread of
liquor and intoxicants as the cause of
tension in homes leading to shortage
of money for family expenses, fre-
quent quarrels, and forcible extrac-
tion of money from women and vio-
lence. Liquor is clearly behind the
deteriorating quality of a womans life
and cuts across region, caste and
class lines. In fact, the greater the
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poverty, the worse is its impact on
women and children. Therefore, in
conrmation of its gender-based
commitment, the government should
not consider revenues arising out of
alcoholic beverages as part of the
overall GSDP of any state; this will
automatically have an impact on the
revenue-earning capacity of a state
and may end up altering the pattern
of resources that will accrue to it
from t he FFC award.
Grants to States Grants to States Grants to States Grants to States Grants to States
The Terms of Reference (ToR)
require the FC to make recommen-
dations on the principles that should
govern the grantsin-aid to the states
out of the Consolidated Fund of In-
dia. Grants-in-aid are an important
component of FC transfers. The size
of the grants has varied from 7.7% of
total transfers under FC-VII to 26.1%
of total transfers under FC-VI. Grants
recommended by FC-XII amounted
to 18.9% of total transfers. The TFC
recommendations covered several
categories of grants-in-aid amounting
in the aggregate to Rs 3,18,581 crore
which constitutes 18.03% of total
transfers.
Grants of the TFC cover a gamut
of sectors including education, envi-
ronment, infant mortality, etc. Dur-
ing the visits of theTFC to the
states as well as in their respective
memoranda, state governments high-
lighted the need for grants to address
speci c issues and l ocal problems.
Some of the central ministries too had
in their communications to the FC
drawn attention to issues which arise
across states, but are required to be
addressed locally.
For instance, the Ministry of
Home Affairs referred to the gaps in
training capabilities for the police
force across states; the Ministry of
Culture indicated the states contin-
ued need for assistance, by means of
grants, to protect monuments, etcThe
point that therefore arises is that
based upon memoranda received
which draws attention to speci c
local issues, the FC can recommend
grants.Accordingly, this FC can build
in gender sensitivity into the analysis
of local issues and recommend grants
which can further the goal of gender
resource budgeting (GRB).
The FFC sought notes on a wide
range of issues which total up to
around 57 in number. Sadly, there is
no reference to gender and no note
has been sought from the states on
their initiatives for gender reform and
uplift for which FC grants can be con-
sidered and recommended. States
canbe asked to suggest areas where
the gap lling for GRB can be con-
sidered.
This can go beyond the normal
infant-mother mortality perception of
gender issues and can perhaps be
more focused on capacity building,
a core aim of GRB. Special allocations
for local governance, for skill build-
ing, for sports, etc, targeted at women
bene ciaries could be considered
by the FC. Accordingly, the FFC can
look at inviting suggestions from the
states on these lines. Both the core
recommendations of the FC can be
tweaked so that the gender impact
of the devolutions is strengthened
and augmented.
Dhruv Nishad Dhruv Nishad Dhruv Nishad Dhruv Nishad Dhruv Nishad
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