India Legal: Issue: 31 March 2014

Letter from the Editor
Inderjit Badhwar
he general reaction to the first makeover of India Legal s editorial content and design has been overwhelmingly positive as you can see from the letters of appreciation published elsewhere in the magazine. Theres nothing wrong with a self-congratulatory pat every now and then. I undertake this gesture, however, with the deliberate intention of demonstrating that as India is changing while on the threshold of a new general election, so are the tastes of readers. As my respected colleague, author Parsa Venkateshwar Rao Jr commented: I think your magazine stands a huge chance of success because it has tapped into the genuine hunger of the reading public for different, serious, thought-provoking material. A first issue of any magazine usually goes unnoticed no matter how savvy its marketing and circulation drive. So we have reached out to our audience not only through newsstands but also via electronic mail and links on the social media. And the social media responses and oral reactions have been more than satisfying. Drawing praise in a national ambience surcharged with venomous public criticism of the mainstream media for partisanship and propaganda-peddling in both electronic and print compels India Legals editors to keep their fingers crossed. We superstitious scribes want to deflect any jinx on what looks to be a winning editorial USP: The magazines niche orientation within a framework and foundation of mass appeal content; a journalistic amalgam of the general with the specific. All of India Legal stories and articles revolve on a recurring spin: they are reported, written and presented within the legal framework that drives them. Although Indians are often seen as the most litigious people in the world, they often fail to realize how inextricably intertwined are the events that shape their politics, lifestyles, social interactions, personal destinies, with the law and its vagaries. The legal system is managed by the legal establishment and law and order machinery judges, lawyers, prisons together constituting the judicial system. And India Legal offers a unique inside look at the workings of this complex system: the courts, PILs, benches, appointments, promotions, changes,
inside information. While this fare is of immense interest to the judicial community because nowhere else is it presented with such journalistic panache and high production values it is by no means produced exclusively for lawyers and judges. Its writing style and choice of stories are designed to appeal to a wider and sophisticated general audience of decision makers, corporates and politicians: How the law impacts almost every story they read in their daily newspapers or see on television, and what the future holds in the context of legal and regulatory changes and permutations. Our second relaunched issue contains another rich fusion of content. Plus a value addition that reintroduces what was once the most attractive and challenging attribute of magazine journalism: the photo feature! The India Today of yesteryear perfected this magazine art form under the lensmanship of icons like Raghu Rai, Prashant Panjiar, Saibal Das and Bhawan Singh. India Legals powerful photo essay on a toxic computer graveyard clicked by Jamia Millia Islamias journalism student Shadab Nazmi under Managing Editor Ramesh Menons tutelage is a tribute to those Greats. The crop of stories harvested by this issue include Executive Editor Alam Srinivas incisive, fact-packed analysis of why the Indian middle class, earlier the agent of change, is turning against economic reforms; the cover story on the murky conspiracies surfacing along with Oshos will 24 years after his death; accusations of plagiarism against Arvind Kejriwal; the legal debate on mercy killings; and songsters crying foul about exploitative contracts. The magazine is a well-heeled mixture of regulars and special features. The inside workings and news about the judicial system is part of the regular menu Supreme Court, PILs, consumer courts and legal FAQs. The rest of the magazine tackles all important political, economic, corporate, and social news within the context of legal relevance and parameters.
editor@indialegalonline.com
March 31, 2014
MARCH 31, 2014 VOLUME. VII

Editor-in-Chief Inderjit Badhwar Managing Editor Ramesh Menon Executive Editor Alam Srinivas Senior Editor Vishwas Kumar Contributing Editors Naresh Minocha, Girish Nikam Associate Editor Meha Mathur Deputy Editors Prabir Biswas, Vishal Duggal Art Director Sudhir J Kumar Deputy Art Director Anthony Lawrence Graphic Designer Lalit Khitoliya Photographer Anil Shakya News Coordinator Kh Manglembi Devi Web Designers Shubra Kandhari, Jitendra Kumar Production Pawan Kumar Verma CFO Anand Raj Singh VP (HR & GENERAL ADMINISTRATION) Lokesh Sharma Director (Marketing) Raju Sarin GM (Sales & Marketing) Naveen Tandon-09717121002 DGM (Sales & Marketing) Feroz Akhtar-09650052100 Marketing Associate Ggarima Rai For advertising & subscription queries sales@indialegalonline.com
ISSUE. 14
LEAD
Twenty-four years after Oshos death, a surprising will fuels acrimonious controversy among his followers. ABHAY VAIDYA probes charges of fraud SPECIAL REPORT
ERUPTION IN THE COMMUNE
33 14 20
Published by Raju Sarin on behalf of E N Communications Pvt Ltd and printed at CIRRUS GRAPHICS Pvt Ltd., B-61, Sector-67, Noida. (UP)- 201 301 (India) All rights reserved. Reproduction or translation in any language in whole or in part without permission is prohibited. Requests for permission should be directed to E N Communications Pvt Ltd . Opinions of writers in the magazine are not necessarily endorsed by E N Communications Pvt Ltd . The Publisher assumes no responsibility for the return of unsolicited material or for material lost or damaged in transit. All correspondence should be addressed to E N Communications Pvt Ltd .
Revenge of the muddle class

INSIDE THE COURTS
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A section which thrived on economic reforms for the past 20 years has suddenly turned against them. ALAM SRINIVAS analyses the reasons
Where are you Mlord? We are still waiting

UTTAM SENGUPTA proposes a radical measure to combat judicial sloth
March 31, 2014
FOCUS
Bang, bang, banned!

SPECIAL REPORT
24 28
SPORTS
SHIVANI DASMAHAPATRA describes how vindictive politicians, industrialists and religious groups find excuses to get books banned
Ransom on high seas
SHANTANU GUHA RAY suggests legal routes to make sailing safer
Ruthless, religious, righteous

HUMAN INTEREST
50
ART & ENTERTAINMENT
V KRISHNASWAMY provides a glimpse into the life of N Srinivasan, whos at the helm of world cricket
Voices of 68 anguish
Singer Sonu Nigam threatens to give up singing, upset with the music contracts he is forced to sign, despite law on his side, writes MEHA MATHUR GLOBAL TRENDS
Seeking dignity in death
58 62 66
40 Computer graveyard
PHOTO ESSAY A deadly trade in e-waste in Delhis Mustafabad is a major source of livelihood, and an invitation to death. Captured by RAMESH MENON and SHADAB NAZMI PROBE
Euthanasia debate continues to divide society as judiciary decides to have a fresh look at a 2011 case. An emotive piece by HISSAY BHUTIA CONTROVERSY
72
Will Kejriwal eat his words?
Opportunity, dynamism, conflict

What does 2014 portend for power equations and policies for India and her neighbors?
Where did the loot go?
46
A school teacher charges the AAP leader with plagiarism. And silence from the icon of honesty is perplexing, says MEHA MATHUR ACTS & BILLS
Three years after corruption in Commonwealth Games came to light, not a single person has been convicted. A report by VISHWAS KUMAR
Mandalizing the courts?
Letters .....................6 Ringside ..................8 Supreme Court ...........9 Consumer Watch ......78 Is That Legal? ...........81
Cover Design: SUDHIR J KUMAR March 31, 2014
REGULARS
A reservation move in higher judiciary pits judges against politicians, writes RAKESH BHATNAGAR
LETTERS
Short on humor
For long, I was looking for a politico-legal publication and India Legal fits the bill. While Consumer Watch is a brilliant idea, the story, You Need to Fear, You Are a Man made an engrossing read. Design is good but many may find the magazines newsstand price a bit high. Apart from the cartoon, one would like to see a regular humor piece. Overall, India Legal will find a captive audience, not limited to legal eagles but all discerning, aware and alert citizens. Jitendra Prajapati, Ahmedabad
Job well done!

Hearty congratulations on the March 15 issue of the relaunched India Legal! I found the stories well written and thoroughly researched. The layout and design is simple and easy on the eye. Considering the readers like me who have limited knowledge on legal and political affairs, I wish there was a section with a full length feature providing insight and depth. One such comprehensive piece at least once a month would be interesting. Shamir Reuben, Pune
focussed manner that even an ordinary person can grasp the nuances of legality or illegality involved. Miranda Ingudam, under secretary, Lok Sabha Secretariat
Global appeal
Looks interesting from behind the glasses of a lawyer on this side of the border. Hamid Rashid Gondal, Rawalpindi, Pakistan via Facebook
Amazing design, quality content

The look and feel of the magazine is fantastic. I could not stop myself from going through the magazine due to the outstanding impression it created at the first instance. The content and space is well managed, along with the ease of reading. I must say India Legal is a magazine with amazing design and quality content. Eager to read your next issue. Vaibhav Sharma, New Delhi
Nothing humdrum
The magazine has got a good mix of content. Surprisingly pleasant and refreshing. By the name India Legal, I had expected abstruse and prosaic reading stuff, full of legal jargon, but found it to be a mainstream magazine with an underlying legal perspective. Shyamanga Barooah, New Delhi
Informative stories
While the exclusive pictures of Sunanda Pushkar were a revelation, the stories on Kejriwal vs Mukesh Ambani fight and sexual harassment were well researched. Devatanu Nandy, New Delhi
Photographs not so graphic

The piece on Sunanda Pushkar reads well, but the photographs are not clear; the marks around the neck do not show properly. On the whole, an interesting issue. S Dhar, Noida
Breaking through the clutter

India Legal is a welcome change from the clutter of magazines available in the market. With a superbly designed layout, this riveting relaunch issue of India Legal is insightful in its choice of articles. Probir Pramanik, Kurseong
Rich and colorful

Congratulations to the whole team. I found the magazine rich, colorful, and packed with interesting articles. Moreover, the issues highlighted in India Legal are topical and contemporary. The magazine is brought out in such
Visionary product
Surprisingly good piece of work in such a short time. But then I shouldn't be, seeing the people behind the product. All the best. Hardev Sanotra, Delhi
March 31, 2014
Softer side missing

Thumbs up for India Legal. I found the magazines layout neat and the stories credible. But I think you need to lighten up with some 'soft' stories as well reviews of films, books, personalities, etc. Indira Laul, Faridabad
Gripping stories
Outstanding in production and readable. Inderjit Badhwars piece on Mel Weinberg Suicide, Lies and Videotapes is gripping. Brought back old memories. When the author was flying to Florida, I remember going with him to the airport and he confided in detail about the trip. In his write-up on Sri Lanka, he is right to point out the double standards of big powers. But Tamils have led a secondclass life and all those who disagree with the establishment have a hard time. Dinesh Mohan, IIT New Delhi
Corrigendum On page 11 of the March 15 issue under the slug Supreme Court, the names of judges due to retire were wrongly spelt. The correct names are Justice Gyan Sudha Misra, Justice AK Patnaik and Justice SS Nijjar. The error is - Editor regretted.
Brilliantly told
Inderjit Badhwar has brilliantly told the true story behind American Hustle. I remember it well. Those were interesting times when he exposed the scam within Abscam. The detailed story Suicide, Lies and Videotapes was interesting and informative. Kevin Odonnel, US
Magazine for all

It looks nice, unlike a law magazine; well thought-out stories, made easier for the common man. Nishiraj A Baruah, managing editor, Shubh Yatra
Enjoyable read
Good luck...enjoyed browsing through the e-version of India Legal. Brilliant stuff. Cheers! Sangeeta Badhwar, Delhi
Great work
Many congratulations for the relaunch of India Legal. Liked the cover story (You Need to Fear, You are a Man). An exclusive inside touts six pictures of injuries on minister Shashi Tharoor's wife Sunanda Pushkars body after she was found dead (How did She Die?). Here is wishing you all success. Krishna Prasad, editor-in-chief, Outlook
High point of journalism

The magazine will take journalism to a new high. JP Singh, New Delhi
Please email your letters to: editor@indialegalonline.com Or write to us at: India Legal, ENC Network, A-9, Sector 68, Gautam Buddh Nagar, Noida (UP) - 201309
Versatile content
The magazines content is versatile, appealing to the public and the legal fraternity. Sanjai Pathak, advocate, New Delhi
KUSHAN MITRA @KUSHANMITRA Mar 6 I have serious, serious issues with a magazine printing pictures apparently of Sunanda Pushkar's dead body. Disgusting in my opinion. Meelgsin @meelogsin Mar 6 Mag pics show severe bruises on Sunanda Pushkar, taken immly after her death. What did the police finally say? MediaWatcher @India_MSM Mar 6 Question to Mr @ShashiTharoor what caused the injury marks ? Anarchist Anand @an_a_nd Shame how Sunanda Pushkar death has dropped off MSM radar
TR Vivek @TRVivek Mar 5 If Sunanda had an overdose of drugs, why did the police not find any medicine bottle or foil of tablets in the room? S Kesavan @strawkes Mar 6 Sunanda Pushkar murdered? See pics on Pg 12. And read short analysis "Post mortem on post mortem" on pg 14 Flamboyant @beingprabhu Mar 5 @centerofright: page 11 RT @sharmarohitraj: Why silence on Sunanada Puskar murder? Cold Blooded Murder? Paddy @paddylives Mar 5 Informal pressure from health min on postmortem Pg15 MT @sharmarohitraj: Why the silence on Sunanada murder?
March 31, 2014
Aruna
VERDICT
As one reads history, not in the expurgated editions written for school boys and passmen, but in the original authorities of each time, one is absolutely sickened, not by the crimes that the wicked have committed, but by the punishments that the good have inflicted; and a community is infinitely more brutalised by the habitual employment of punishment than it is by the occasional occurrence of crime.
Oscar Wilde, The Soul of Man Under Socialism
March 31, 2014
SUPREME COURT
Theres no mercy for defying orders

f you deliberately violate court orders, you will not be spared even if you tender an unconditional apology. This was the clear message from the Supreme Court of India. Taking strict cognizance of contempt of court, a bench of Justices BS Chauhan, KS Radhakrishnan and SA Bobde fined a medical college run by Suresh Narayan Vijayvargiya in Madhya Pradesh with `50 lakh for admitting 107 more students in its MBBS course than the limit set by the apex court. It ruled that the college will have to accommodate the excess seats in academic years 2014-15 and 2015-16. The judgment will drastically curtail the number of students the college can admit in the next two academic years. The court was dealing with a contempt petition filed by the Madhya Pradesh government and the director of medical education department. The management of the college had offered unconditional apology to the court for violating the order and said that it would rectify the error.
Illustrations: Aruna
The HIV stigma

t seems schools in India have scant regard for human rights when it comes to treating around 1.45 lakh HIV-positive children. They are denied admission, thrown out of schools, made fun of in public, singled out, and even made to do menial jobs like cleaning toilets and bathrooms. This shocking revelation was made in a PIL filed by NGO Naz Foundation in the Supreme Court. The PIL alleged that this was a gross violation of their fundamental right to education. The NGOs counsel, Anand Grover, pointed out that the schools were blatantly breaching confidentiality by disclosing the identity of HIV-positive children and using the information to lower their dignity. The apex court directed the centre and the states to respond to the PIL, and drew their attention to its plea that there should be clearcut guidelines under the Right to Education (RTE) Act that prevent the discrimination of HIV-positive students. It suggested that HIV-positive children must be clubbed with disadvantaged group under the RTE Act so that schools have no option but to admit them.
March 31, 2014
SUPREME COURT/
Election blues
t could not have been better timed. With Lok Sabha elections round the corner, a Supreme Court bench of Chief Justice P Sathasivam and Justices Ranjan Gogoi and NV Ramana asked the centre and the Election Commission to respond to an important PIL that raised objection to a person contesting from two constituencies at the same time. The PIL was filed by a registered political party Voters Party. The PIL pointed out that it had almost become a norm for candidates to contest from two seats and vacate one seat, in case they won from both. This necessitated an early bypoll in the vacant seat, resulting in enormous wastage of public money especially in times of high inflation.
Law flexes iron muscle on corrupt politicians

his is something that will definitely give sleepless nights to MPs and MLAs facing corruption or criminal charges in courts. They can no longer reap the advantage of protracted delays in judgments to avoid getting disqualified from electoral contests. In a significant ruling, that too in an election year and just before the nomination process began, the Supreme Court asked for speedy trials of these politicians. It directed the trial courts to give their judgments within a year from the date charges are framed against them. In case the courts fail to do so, they will have to justify the cause of delay to the chief justice of the concerned high court. The apex court was responding to a PIL seeking politics to be decriminalised. It took note of the Law Commission report that pointed out that provisions like disqualification after conviction and a jail term of more than two years had lost teeth due to inordinate delays in trials. The report further said that filing of chargesheets was not enough to disqualify politicians.
A case for government servants in polls

t is common knowledge that government and public sector undertaking employees cant fight elections unless they retire or quit their jobs. However, a PIL filed in the Supreme Court by Indian Oil Officers Association contended that service rules barring them from the electoral battle were baseless as there was no such provision either in the constitution or Representation of People Act. It pleaded that such rules should be done away with. The Supreme Court asked the centre and the Election Commission to respond in the matter. Terming such service rules as unconstitutional, the PIL pointed out that the regulation was a bottleneck that prevented a large number of educated and intelligent people from serving the country through effective governance.
hile probing further into the validity of Presidents Rule in Delhi, the apex court asked the Congress and BJP to clear their stand on keeping the Delhi assembly under suspended animation. The court had earlier kept them away and instead sought an answer from the centre on a petition filed by Aam Aadmi Party against Presidents Rule. But later it wanted to know their views on government formation after Arvind Kejriwal resigned.
Digging out facts
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March 31, 2014
No freedom for Rajiv convicts

amil Nadu Chief Minister Jayalalithaas plans of releasing the convicts in the Rajiv Gandhi assassination case have come to a naught. The Supreme Court had already barred the state government from releasing the three convicts Murugan, Santhan and Perarivalan whose sentences were earlier reduced to life imprisonment from death penalty by the apex court. The final nail in the coffin came when a bench of Chief Justice P Sathasivam and Justices Ranjan Gogoi and NV Ramana refused to grant permission to free the other four life convicts in the case Nalini, Robert Pious, Jaya Kumar and Ravichandran and asked the state government to maintain status quo. The order came in response to a writ petition filed by the central government.
Fast track rape trial

f you thought that the Indian judiciary is excruciatingly slow in dispensing justice and cases languish in various courts, revise your opinion. In a case that involved the rape and murder of a minor in Madhya Pradesh, the judicial machinery trial court, high court as well as the Supreme Court took just eight months to decide its final outcome of Rajkumar vs State of Madhya Pradesh case. Rajkumar was convicted for rape and murder of 14-year-old Gounjhi in their village near Jabalpur. The apex court commuted the death sentence awarded by the trial court and the high court to life imprisonment. It ruled that the convicted person must serve a minimum of 35 years in jail before he makes a request for remission. Appreciating the alacrity shown by the police, the trial court and the high court in pronouncing their judgments, the apex court noted that the case was an example of quick justice in India, where inordinate delays are common.
A constitutional right A matter of faith

as the Supreme Court deviated from its principal role of deciding complex constitutional matters and become more like a court of appeal? While acting on a PIL, a bench of Chief Justice P Sathasivam and Justice Ranjan Gogoi put the onus on the centre and the law ministry to decide whether to make the apex court the constitutional court of the country and following that, to set up four national courts of appeal (NCA) that will act as constitutional courts. It sought a response within four weeks. The PIL drew the attention of the apex court to its 1986 suggestion, wherein it had stated the need for setting up NCAs so that it could decide on constitutional matters.
efusing to interfere with fatwas issued by Muslim clerics and ban them unless these violate someones rights, the Supreme Court took a position that these involved questions of faith and choice. The court was hearing a PIL filed by advocate Vishwa Lochan Madan against Shariat courts and their fatwas. He had questioned their constitutional validity. Rejecting the plea to stop institutions like Darul Qaza and Darul-Iftaa from issuing fatwas as these affected the life and liberty of citizens, the apex court clarified that it cant meddle in the functioning of Muslim religious institutions as these were politico-religious issues. It added that not all fatwas are irrational.
March 31, 2014
11
SUPREME COURT/
They too are citizens

he men in fatigues may be laying down their lives for the country, but are denied a basic right that every other citizen of the country enjoys the right to exercise their franchise. Yes, we are talking about soldiers in India who either vote through postal ballot or by proxy. A bench of Justices AK Patnaik and FMI Kalifulla took cognizance of a petition filed by parliamentarian Rajeev Chandrasekhar. The petition requested the court to direct the Election Commission (EC) that soldiers must be allowed to vote at the place of their posting. He drew the courts attention to a 1971 judgment wherein both the EC and the apex court had admitted a soldiers right to vote at the place of posting. The bench referred the issue to the EC to seek its views.
COURT BYTES
We will love you if you pay SEBI the amount as per the Supreme Courts order. We will love you if you uphold the rule of law." A bench of Justices KS Radhakrishnan and JS Khehar while sending Sahara chief Subrata Roy to judicial custody "In view of the inconsistent opinions rendered in Aruna Shanbaug case and also considering the important question of law involved... it becomes extremely important to have a clear enunciation of law... A bench headed by Chief Justice of India P Sathasivam while referring euthanasia issue to a constitution bench for a fresh relook
The officers working under the office of the speaker are also public servants...and therefore the Lokayukta and his officers are entitled and duty bound to make inquiry and investigation into the allegations made in any complaint filed before them. A bench of Chief Justice P Sathasivam and Justices Ranjan Gogoi and SK Singh, on whether officers from speakers office enjoyed immunity from Lokayukta investigations We do not want a political debate. We do not want it to be a political contest. It is purely a constitutional issue... A bench of Justices RM Lodha and Dipak Misra, seeking centres response to AAPs petition against presidents rule in Delhi
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March 31, 2014
SPECIAL REPORT/ addiction to welfare
MUDDLE CLASS
it is the biggest beneficiary of reforms. but now, it demands subsidies and doles. why has the middle class turned its back on free market policies? By Alam Srinivas
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March 31, 2014
REVENGE OF THE
March 31, 2014
15
REE water, subsidized power, cheap food, discounted gas cylinders. For decades, governments helped, and wooed, the poor sections in both urban and rural areas through welfare measures. For decades, regimes were criticized for leakages in these schemes, and the fact that they helped the well-to-do classes more than the poor ones. The 1991 economic reforms aimed to reduce subsidies, at least to the urban middle class, and to do away with the welfare mindset. It worked. Buoyed by new opportunities, end of red tape and frenetic economic growth, the middle class turned its head away from welfare. Today, the wheel has turned a full circle. The urban middle class, which has become prosperous and vociferous, now demands free power and water. It wants subsidized school education, healthcare and low interest on personal loans to pursue higher education. Watching Arvind Kejriwals whirlwind political rise due to such doles, other political parties have realized the need to woo the urban middle class. After Kejriwal announced free water up to a limit and slashed power tariffs by 50 percent during his governments 49-day-reign, other states followed suit. Maharashtra reduced rates by 15-20 percent and Haryana too reduced them. In Mumbai, urban
slums were regularized. More sops were, and will be, announced in political parties election manifestos. In its manifesto, the Congress is likely to talk about the right to healthcare and water. Earlier, the BJP initiated a discussion to scrap income tax to help the urban classes, but backtracked. The regional parties, like Tamil Nadus AIADMK, said they will provide free laptops, grinders and fans to the middle class, along with the poor. What is critical is that the urban middle class expects to be wooed now. The flip side: it hates economic reforms, i.e. the same policies that earlier helped it to improve incomes and fulfill material aspirations. Why has it turned its back on reforms, initiated by the Narasimha Raos government? Why does it hanker for cheap fuel, food, and housing? Why are politicians compelled to launch welfare schemes not for the poor, but for the aspiring urban sections, which have improved their lifestyles in the past 20 years? ECONOMICS OF WELFARE Ever since the onset of reforms, and until 2012, the middle class, which benefitted from the high growth rates, expected the good times to continue forever. It wanted salaries to rise, employment opportunities to grow and, hence, lifestyles to get better. For it, the economic festivities could never end. The middle class, along with the aspirers who wished to gatecrash the ongoing party, wasnt ready for a sustained slowdown, which is what occurred in the past three years. This is in fact the first time in the past two decades that the country has witnessed a consistent downturn. Since 1992, the country has never gone through three successive years of slowdown, or a phase when growth in each year was lower than the previous one. However, between 2011 and 2014, the figure dropped from 9.3 percent in 2010-11 to 6.2 percent and 5 percent
In the beginning, market-driven policies were substitutes for freedom. Today, they imply rise in fuel and food prices to reduce subsidies, and higher chances to lose jobs and businesses.
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March 31, 2014
in the next two years respectively. It is likely to be lower than 5 percent in 2013-14. Since 1951, this was only the third time that this happened, the other two periods being 1970-73 and 1989-92. Between 1992 and 2013, there were three instances when the economic growth fell below 5 percent. This fiscal (2013-14) might be the fourth; growth in this year is estimated at 4.7-4.9 percent. The last time this happened was in 2002-03. The GDP rose by over 7 percent in 10 of the past 22 years, and was 8 per cent and above in six years. High inflation in the past few years hurt even more. The urban middle class was caught between the twin pincers of lower or stagnant incomes, which was the norm now, and zooming retail prices. This impacted its savings and ability to spend. This was something it was not used to, explains Bibek Debroy, a renowned economist. The middle class anger multiplied as it postponed holidays, and purchases of a new TV, second car, and a house. In such a scenario, any section would demand freebies and subsidies. This was the reason why the middle class voted for Kejriwals Aam Admi Party (AAP) during the recent Delhi assembly elections. AAP prom-
Low growth and high inflation hits the middle class

15
10
0
2001-02 2003-04 2005-06 2007-08 2009-10 2012-13 Food articles Economic growth WPI inflation
ised free water and subsidized power. However, Surjit Bhalla, an economist, says one cannot draw a conclusion between subsidies and electoral victories. In Delhi and Tamil Nadu, the urban doles worked; but in Gujarat, there are no doles and Narendra Modi is still popular. Analytically, it is tempting to draw the conclusion, but is a minefield. POLITICS OF WELFARE In the past 10 years, or during the two UPA regimes, the political mindset changed.
Getty Images
YEH DIL MAANGE MUCH MORE A middle class protestor shouts slogans during the anti-corruption movement of Anna Hazare in 2011
March 31, 2014
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The urban middle class was caught between the twin pincers of lower or stagnant incomes, which was the norm now, and zooming retail prices.
BIBEK DEBROY, eminent economist
Congress President Sonia Gandhi insisted on inclusive economics, or initiatives to help the poor, who were unable to take advantage of the reforms. UPA-Is biggest policies included MGNREGA (minimum employment scheme for rural poor) and `60,000 cr loan waiver to farmers. During UPA-II, the government implemented the Food Security Act to provide cheap food to the poor, which will cost `115,000 cr in 2014-15. It linked Unique Identification Aadhaar scheme with Direct Benefit Transfer, which aimed to pay subsidies in cash to the poor beneficiaries. The govern-
Prices in Delhi
How urban India spends

Housing
12.5% 5.0% 6.8%
Health
Food
Transport
45.4% 8.7%
Education
11.1% 5.9%
Others Food Housing
4.6%
Durables
Clothing
Health
Transport
Education
Clothing
Durables
Others
ment also decided to increase the minimum wages, and the number of days of employment, under MGNREGA. The message that went across to the urban well-to-do class was that the policy makers took it for granted. Wasnt there a need to provide subsidies to the middle class, which was pained by low incomes and high expenses? Why should the government tax this class, only to use the money to help the rural poor? Why should it pay more for petrol, diesel, LPG, food, power and water, whose prices went up almost on a monthly basis? The bitter truth was that reforms began to harm the middle class. In the beginning, market-driven policies were substitutes for freedom. It meant the choices to earn and spend more, opportunities to be entrepreneurs and self-employed and flexibility in work places. Today, they imply rise in fuel prices to reduce subsidies, higher chances to lose jobs and businesses as was feared due to FDI in retail, and a tussle to make ends meet. In the past few years, the government hiked the prices of diesel, petrol, power and water several times. It reduced the number of subsidized LPG cylinders per household. Lower growth in recent years led to a scenario where the educated either could not find a job or had to settle for a lower salary. Reforms made life tougher, rather than enhance the middle class prosperity. Barun Mitra, who heads the think tank Liberty Institute, clarifies that the middle class does not hate reforms. No individual will
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March 31, 2014
Estimates of urban Indias income, expenditure and savings

(NSHIE,
2004-05)
CSO
(2004-05)
Ratio of
NSHIE/CSO
Estimated population (million) Estimated households (million) Personal disposable income (` billion) Private consumption expenditure (` billion) Household savings (` billion) Savings rate (percent)
NSHIE: National Survey of Household Income and Expenditure CSO: Central Statistical Office
1,027 205.4 13,390 10,044 3,346 25.0
1,090 230.1 25,330 18,900 6,870 27.1
94.2 89.3 52.9 53.1 48.7
Source: NCAER study
Anil Shakya
possibly contend that we should go back to the pre-1991 days. But yes, in an environment where politicians wish to give subsidies in a bid to win elections, who will say no to them in these trying times, he adds. The mindset of the urban individual shifted from a wish to pay for amenities if they were available regularly to a desire to get them free. SOCIOLOGY OF WELFARE Popular governments have an uncanny ability to lose the plot. Worse, such regimes get quickly embroiled in allegations of corruption, and the middle class, or the intelligentsia, becomes the first section to criticize them. One of the reasons for this trend could be the higher expectations and hopes among the voters, who demand better lives. The second might be that the politicians become arrogant, complacent and feel that they are invincible. The breaking point comes when the top leader, prime minister and his/her family members are accused of manipulating the system to make money. This happened in the 1970s, 1980s and 2010. In 1969, Indira Gandhi rode to power with a two-thirds majority in the Lok Sabha; her son, Rajiv Gandhi, won the 1984 elections with the largest-ever majority in the lower house; and the Sonia Gandhi-Manmohan Singh combine unexpectedly romped back home the second time in 2009. Within a few years (1-3), the mood of the nation reversed. All the three Gandhis were charged with looting the nation and making family fortunes. At such junctures, the middle class extract-
ed its revenge, especially when the upheaval threw up a leader, who was squeaky clean and honest. Urban students in north India took to the streets behind Jayaprakash Narayan in 1974; VP Singhs Jan Morcha Party (1987) united the country and pulled the rug from under Rajiv Gandhis regime; and the middle class backed Kejriwal to decimate the Congress-led UPA-II in Delhi. (Before VP Singhs rise, the Asom Gana Parishad won a huge electoral victory in Assam assembly elections; the chief minister, Prafulla Kumar Mahanta, was just out of college then. The JP movement was followed by Emergency and the rout of Congress, and Kejriwal was helped by the Anna Hazare rallies against corruption.) Emergence of a leader, who promised the moon, claimed he could change the existing system within months and projected a perfect image, was crucial. As Pavan K Varma wrote in his book, The Great Indian Middle Class, this section pursued selfish material interests, believed in finding a short-cut, a quick-fix solution and aspired to obtain things by any means, good or bad. It had little patience to initiate a counter-attack on its own. It needed an outsider, who could goad, inspire and push it to take on the existing political system. Clearly, it was a combination of economics, politics and sociology that dramatically transformed the mindset of the middle class. From a section which hailed Dr Manmohan Singh as its savior in the 1990s, it ridiculed the PM in the past few years. From a class which believed in the power of the free market, it turned into one that had faith in subsidies. From a community, whose religion was competition, it clamored for economic protection. IL
March 31, 2014
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INSIDE THE COURTS / litigant frustration
MLORD? WERE STILL

WAITING
reformers in the recent years have focused on reducing backlogs but little thought has been given to the quality of justice dispensed, costs involved and a more efficient system of delivery By Uttam Sengupta
Pramod Pushkarna
WHERE ARE YOU
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G
O and see if the magistrate has arrived. Every time I turned up in court, I would hear the lawyer give this instruction to his junior or to his clerk. While the litigants, specially the defendants and the accused, are expected to be physically present at 10 am sharp, the magistrate is under no such compulsion. Nor is the court under any obligation to inform you in advance that there would be a delay in proceedings or an adjournment beforehand. So while we would exchange small talk or stare curiously as other litigants would crowd around their lawyers, the junior would disappear for a while. Sometimes he would return promptly, sometimes he would
meander into other courts, do other work, stop to talk to colleagues and then return to announce that yes, the magistrate was indeed in the court. A flurry of activity would then follow and either the lawyer would pick up his gown and hurry to the courtroom or ask us to rush to the courtroom, while he would visit a different court before attending to the case we would be defending. The courtroom would normally be crowded with a dozen or more lawyers standing before the magistrate, sometimes with half a dozen more sitting and waiting for their turn. The trick, we learnt, was to discreetly approach the court clerk, pass on a few crisp currency notes, the amount depending on the gravity of the case, and tell him when you would like your files to be put up, whether you wanted an adjournment or if you would like to present yourself later in the day. If the While the litigants, clerk happened to be favorably specially the defendants disposed, he could allow you to and the accused, are sign your attendance, give the expected to be physically next date according to your convenience and let you off present at 10 am sharp, with a barely discernible nod the magistrate is under of his head. no such compulsion.
MY TRYST WITH A COURT

THE last time I appeared before a Gurgaon (Haryana) court in connection with a defamation case, I materialized six times before the court during an entire year, without getting any relief and without the case moving an inch. All because the complainant, a senior and influential police officer in Haryana, had filed the case against 36 publications, their editors, reporters and publishers. And until all the accused had appeared before the court, I was told, the case would not proceed. I stopped going after a year and realized that the police could come knocking on my door with a warrant of arrest at any time. It was particularly infuriating because the defamation case pertained to a publication I no longer worked for. And it was mentioned in the print line of the publication that while the editor concerned was responsible for the content for the purposes of the law, I, sitting over six editors in my supervisory category, was not. But the summons had been issued and I needed to go through the process and raise it during the trial, I was told. Exasperated, I once told the magistrate that if he could spare two minutes and listen to my plea, I could show him the anomaly so that he could order my name to be dropped. The young magistrate, who otherwise appeared very businesslike, looked at me and asked me to brief my lawyer the next time I appeared. The lawyer I had to engage was insistent that I be present in the court at 10 am sharp. I pointed out that in that case I could not possibly catch the Shatabdi Express from Chandigarh the same morning; that it would be a relief if the court could be requested to allow me to appear at any time between noon and 3 pm. That way I could either drive down the same day and return the same evening. But in order to appear at 10 am, I would either have to start from Chandigarh the previous evening or very early the same morning, latest by 4 am. Arriving a day earlier would naturally involve boarding and lodging. Forget about the leave that I would have to avail for complying with a legal provision and a wooden court that followed the letter but not the spirit of the law.
March 31, 2014
21
INSIDE THE COURTS / litigant frustration
The courts need to be treated like a 24x7 emergency service if justice is to be swiftly administered. There is no reason why the courts should stop functioning at 4 pm.
But if you failed to please the court clerk first, you had better be prepared to rough it out. At the very least, you would be denied information that the magistrate would be on leave on the next date. It could of course be a lot more sinister. You could orally be given a long adjournment, while in the file the dates would be different and at rather short intervals. When you would appear on what you believed was the next date, you would be in for a shock. You needed a bail application, you would be told, because of your failure to appear on the last three dates. You could swear that you had no idea that you had to appear earlier. But all that you would get would be cold, unfriendly stares and your grim lawyer telling you that you had best arrange for bailers, their property details and so on before the case could proceed. When the magistrate would finally turn his full attention to your case, you would often find that the proceedings get over quickly, often within minutes. You may have traveled 400 kilometers, undertaken a train journey, secured leave for two days and spent a fortune on your boarding and lodging. And yet the case would not move.
This is an experience that millions of people in this country go through every day. It affects productivity and does little to speed up the delivery of justice. Can there be a way out? Judicial reforms yet to be addressed are the procedural and structural norms that are crying for transformation. I hasten to add that it is not as if higher courts and jurists are unaware of the problem. There have been efforts in different parts of the country to ensure evening courts and holiday courts to facilitate litigants. But by all accounts they have met with lukewarm response or with vehement opposition. A couple of years ago, the then chief justice of the Madras High Court had mooted the idea of holiday courts to enable working couples to appear before family courts. A newspaper report had quoted the registrar of the high court that there were 16,000 matrimonial cases pending before six family courts in Tamil Nadu. Holiday courts, she added, were meant to enable couples working in multinational corporations to appear before the court conveniently and not miss out on their work. If the experiment were to succeed, the Times of India reported, it could be extended to Sundays.
A MAGNA CARTA FOR LITIGANT POWER

WHILE a lot of attention has been paid in recent years to reducing backlogs, little thought has been given to the quality of justice dispensed, costs involved and whether a more efficient system of delivery can be formulated. So, what needs to be done? A litigants charter of demands needs to be drawn up for a public debate on the subject. I take the liberty of suggesting some of them, for the subordinate courts to begin with.
n It would be a radical but welcome reform
if litigants are allowed to at least suggest, if not choose, the date and time when it would be convenient for them to appear before courts. They can fill up a form and justify the request, the final decision obviously resting with the court. n Now that most of the courts have been computerized, there is no reason why courts cannot communicate directly with the litigants/lawyers and inform them of the dates and tentative time of the hearing. n A court needs to be redefined in law. Instead of one magistrate manning one court, there should be at least two magistrates to one court. It will reduce the level of subjectivity and help divide the workload. What is more, when one of the magistrates falls sick or proceeds on leave, the work in the court need not come to a
standstill. The arrangement would also facilitate the magistrates taking turns to hold the court on Sundays and till late in the evening so that litigants dont miss work. There is no reason why the courts should stop functioning at 4 pm when many litigants may find it far more convenient to finish the days work and then appear before the court at any time between 7 and 10 pm. n The number of adjournments ought to be fixed and reasons thereof need to be recorded. Both the prosecution and the defense, for example, can be allowed only three adjournments each, while the court can also adjourn the case for administrative reasons thrice but no longer. n The courts need to be treated like a 24x7 emergency service if justice is to be swiftly administered. While magistrates should avail of leave and vacation, the working of
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Aruna
the court must not stop because it is precisely during vacations that most litigants would find the time to address legal issues, helping expedite the disposal of cases. n Before taking cognizance of a case, the court should be required to hold a preliminary hearing to decide whether a trial is really called for and what are the issues involved. n In criminal cases, the law should be amended to make it mandatory for the police to video record statements given by the complainant and the accused and produce them before the commencement of trial. n While it is difficult, and not very practical, to clamp down on the exorbitantly high fees charged by lawyers, an attempt should be made to at least make it mandatory for them to issue receipts, so that at least part of the money is accounted for. n For the sake of transparency, courts must acknowledge receipt of original documents.
That was the last time I came across the concept of holiday courts. A quick Google search turned up nothing beyond this particular report and, therefore, it is safe to assume that the experiment was not extended. And yet it makes sense to hold family courts only on Saturdays and Sundays. When he was law minister, Kapil Sibal informed the Rajya Sabha that the Allahabad High Court topped with 6.70 lakh civil cases and 3.38 lakh criminal cases pending while there were 34.01 lakh civil and 9.40 lakh criminal cases pending in 21 high courts countrywide. A short story by Raj Chatterjee I read in Imprint while still at school had concluded with an unforgettable line: The law is meant for the people, people are not meant for the law. Sometimes I feel that the sentence needs to be engraved on the walls of each of our courtrooms as a reminder. IL
March 31, 2014
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FOCUS/ banning of books
PULPED!
all the three pillars of democracy legislative, executive and judiciary are responsible for the recent clampdown on authors
A liberal tolerance of a different point of view causes no damage. It means only a greater self restraint. Diversity in expression of views whether in writings, paintings or visual media encourages debate. A debate should never be shut out. I am right does not necessarily imply You are wrong.
S the literary world marks 25 years of the ban on Salman Rushdies Satanic Verses following a fatwa against the author (the book was banned in October 1988), India is paralyzed by a series of similar incidents. There is a spate of publishers agreeing to withdraw and pulp books, courts staying the publishing of manuscripts, and individuals filing defamation suits against writers. In the past few weeks, Penguin Books India reached an out-of-court settlement to recall and pulp copies of Wendy Donigers The Hindus: An Alternative History. In January 2014, Bloomsbury India announced the voluntary withdrawal of Jitender Bhargavas The Descent of Air India, which criticized several former aviation ministers for Air Indias financial plight. And Sahara Group got a stay against Tamal Bandhopadhyays yet-to-be-released Sahara The Untold Story. These instances highlight the possible ways in which a book can be banned or not be sold in India. Donigers critics used Section
Illustrations: Pradeep Saini
Excerpt from Justice Sanjay Kishan Kauls judgment in the Maqbool Fida Husain vs Rajkumar Pandey case, which quashed proceedings against painter Husain
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295A of the Indian Penal Code to pressurize Penguin. Bloomsbury was blown away by the defamation suit filed by former minister Praful Patel. Sahara used the old technique to get a court to interfere temporarily, which scared the authors and publishers forever. However, the most abused is the IPCs section, responsible for the ban on Rushdies book. The section deals with deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious belief . Such actions include spoken and written words, as well as signs and visible representations. The maximum punishment is jail for eight years. A public statement issued by Penguin admitted this section will make it increasingly difficult for any Indian publisher to uphold international standards of free expression without deliberately placing itself outside the law. It added it had to respect it however intolerant and restrictive those laws may be. Penguin was also scared about the possible threats to its employees. While these are legitimate issues, what surprised everyone was the out-of-court settlement that Penguin reached, although there was no judgment to necessitate it. Lawrence Liang, an advocate associated with Bangalore-based Alternative Law Forums, issued a notice to Penguin for violating the freedom of speech and readers rights. Penguin has cowed down in a way by giving up without even an attempt to fight the matter to the fullest extent, he says. Even Monika Arora, advocate for the six petitioners who took on Penguin, criticizes the publishers decision, saying: The book was released in 2009; we filed a petition in 2011. We never asked for a complete ban, nor indulged in any kind of vandalism. The book has been on sale for the past so many years. We went by the law of the land. Defamation is a sure-shot way to scare most publishers. In some cases, a mere threat of it or a legal notice is enough to stall the publishing of a book or force its withdrawal. This is the legal tool Patel used against Bhargava. Once he filed a criminal defamation, Bloomsbury turned to the negotiating table and agreed to withdraw
Penguin has cowed down in a way by giving up without even an attempt to fight the matter in case of Wendy Donigers book. Lawrence Liang, an advocate with Alternative Law
the book in an out-of-court deal. In an interview with India Legal, Bhargava said that he would look for another publisher. n fact defamation becomes the norm when business persons and corporate groups wish to stop a book. The reason: courts tend to take them seriously and are likely to give favourable judgments. This is what happened with Bandhopadhyays book. Justifying the ex-parte stay on December 10, 2013, Justice IP Mukerji of the Calcutta High Court said: It was submitted that this book was targeted at lowering the reputation of the plaintiffs (Sahara and its managing worker and chairman, Subrata Roy, who is now in Delhis Tihar
Forums, which issued a notice to Penguin
Title: The Hindus: An Alternative History Author: Wendy Doniger Recalled by publisher: 2014
March 31, 2014
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FOCUS/ banning of books
Title: Sahara The Untold Story Author: Tamal Bandhopadhyay Banned by court: 2013
Title: The Descent of Air India Author: Jitender Bhargava Withdrawn by publisher: 2014
Title: Satanic Verses Author: Salman Rushdie Banned by central government: 1988
Title: Shivaji: Hindu King in Islamic India Author: James Laine Banned by Maharashtra: 2004
Title: The Polyester Prince: The Rise of Dhirubhai Ambani Author: Hamish McDonald Not published in 1998
Title: The Lives of Sri Aurobindo Author: Peter Heehs Banned by state: 2009
Jail) in the eyes of the public, without any justification or privilege. The court extended the injunction on December 23, 2013, until further orders. Liang sees it as a dangerous trend, To my mind, the larger question on freedom of speech and expression arises when private players infringe on this freedom. Arindam Chaudhuri of IIPM, a chain of management institutes, secured an injunction from a court in Assam against Siddhartha Debs The Beautiful and the Damned. The book was published by Penguin without the first chapter that chronicled Chaudhuris rise to fame and money. The suit alleged that Deb along with Caravan magazine and Google were working for IIPMs competitors. ometimes, even a threat of defamation works for those who wish to stop a book. Hamish McDonalds unauthorised biography of Dhirubhai Ambani, The Polyester Prince: The Rise of Dhirubhai Ambani (1998), was not published by Harper Collins in India because the Ambanis threatened legal action. One-anda-half decades later, McDonald removed certain portions from the book and updated it to include the 2005 split between Mukesh Ambani and Anil Ambani. This new version was published in India as Ambani & Sons. In some cases, the center or a state government ban the book. This was the case with Rushdies Satanic Verses. After the Orissa High Court issued a temporary
Title: Truth, Love and a Little Malice Author: Khushwant Singh Court injunction: 1995
injunction against Peter Heehs The Lives of Sri Aurobindo, the state issued a gazette notification in April 2009 to seize the copies from the shops. At that stage, the foreign edition of the book was not available, and the Indian edition had not been published. The courts injunction was due to a complaint filed by Sri Aurobindos devotees, who claimed that the book denigrated their spiritual leader. During the hearings, the high court directed the ministry of home affairs to rule if the book was suitable for reading. The ministry of home affairs said it didnt have a copy of the book and the information and broadcasting ministry said it had nothing to do with it, says PK Ray, Heehs counsel. The book was published abroad by Columbia University Press; there is no sanction against its import. To be fair to the courts, they have overruled state bans. After Shiv Senas protests, Maharashtra banned Shivaji: Hindu King in Islamic India, a book by James Laine, in 2004. The Bombay High Court ordered the ban to be lifted in 2007, which was upheld by the Supreme Court in 2010. Similarly, the Delhi High Court vacated a stay against Khushwant Singhs autobiography Truth, Love and a Little Malice. Whatever may be the reasons to ban a book, the vacuum created by intolerance and denial of an opportunity of discourse demands a relook at the legal provisions and court precedents that infringe on the right to freedom of speech and expression. IL
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March 31, 2014
SPECIAL REPORT / piracy
RANSOM
italian marines face trial as they shoot two Indian fishermen mistaking them for pirates. shipping companies shell out millions to safeguard their vessels off the african coast. tech-savvy pirates have become the 21st century nightmare for seafarers
SEA S
By Shantanu Guha Ray
ON HIGH
N a balmy afternoon in August 2012, hawala cash travelled from India and Pakistan to the Horn of Africa airdropped from a chopper to secure the release of 35 seafarers belonging to the two neighboring nations. Officials of the Intelligence Bureau in New Delhi tracking the development noted the cash was paid by an Indian businessman and a Pakistani real estate tycoon. The Indian had interests in coal, chickens and medicine. The duos business interests were different but their worries were common. The hidden operation was considered unique, ostensibly because India and Pakistan have fought four wars since 1947 and have rarely col-
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Getty Images
laborated even on subjects as simple as sports (read cricket and hockey). But this one was an important issue that required a quick resolve, burying differences. Once the cash was airdropped, the hostages were offered fresh food and eventually released. But the governments remained silent, and did not even discuss a very troublesome, global issue. Early this year, New Delhi was swamped with requests from the family of Sunil James, a merchant navy captain, who was in jail in Togo, western Africa, for more than five months on charges of abetting pirates
who had attacked and looted his ship, MT Ocean Centurion, near the tiny African country that borders Ghana. The arrest snowballed into a controversy because sailors rarely assist pirates in looting their vessels. Worse, James 11-month-old son, Vivaan, had died of septicemia and the family refused to do the last rites till the father had seen the body one last time. It was a very sad incident," Minister for External Affairs Salman Khurshid told reporters, admitting New Delhis poor understanding of the piracy economy. Sea piracy in the Indian Ocean off the
SECURING THE SEAS Members of missile cruiser USS Anzio (CG 68), an international task force, along with US Coast Guard Maritime Safety and Security Team 91104 capture the crew of a drug smuggling vessel in the Gulf of Aden in 2009
March 31, 2014
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African coast has spiralled as a major problem in the global shipping industry, rendering the sea route highly unsafe and forcing companies to invest millions in security. SHORES OF TROUBLE The Horn of Africa is especially afflicted by it, where an estimated $413m has been paid in ransoms between 2005 and 2012, the average haul being $2.7m. Ordinary pirates are known to routinely pocket $30,00075,000 each. Interestingly, part of the cash often flows to communities along the coast providing services to pirates. Money is also paid to militias controlling
the ports. In one such agreement in Haradheere, a port north of Mogadishu, Somalias capital, the pirates paid a 20 percent development tax to the Shabab, an Islamist rebel group tied to the al-Qaeda. The man pushing the deal was Ciise Yulux, one of the most active pirate leaders commanding up to 70 men. Yet, there is no answer as to why New Delhi continued to ignore the troublesome piracy economy and left the crisis in the hands of shipping companies. INDIA, AT SEA? Of course, some headway has been made on the legislation front. The Piracy Bill, 2012 was introduced in Lok Sabha in April 2012 by the then minister of external affairs, SM Krishna. The bill seeks to punish piracy with imprisonment for life and where piracy leads to death, it may be punished with death. It empowers the government to set
Getty Images
Pirates use satellite phones and GPS as well as higher-calibre weapons to target specific ships, especially those carrying oil.
PAINFUL HOMECOMING: Captain Sunil James returns home in Mumbai to perform the last rites for his 11-month-old son, following his release from Togo jail
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up designated courts for speedy trial of offences and authorizes the court to prosecute the accused regardless of his/her nationality. It also provides for extradition. Minister of State for Shipping Milind Deora says: India should have taken a stronger lead in solving piracy in the high seas. But he adds things are changing for good and the attacks are reducing, thanks to the worlds biggest naval legions scouting the dangerous waters of the Strait of Aden, Red Sea and Indian Ocean. It has caused almost a 33 percent decline 297 in 2012-13 from a high of 445 in 2010-11. In 2013, the attacks were only 47, says Deora. But he admits the cost of private maritime security providers, insurers offering ransom and war coverage at sea, and attorneys who negotiate ransoms has gone up. COST OF PATROL Vessel operators have ended up spending billions of dollars on armed guards in recent years pushing up the cost of operations. The utilization of armed guards is the greatest factor in reducing attacks, says Peter Cook of the Security Association for the Maritime Industry (SAMI), which represents 176 maritime security companies. The choice is clear. Either you pay ransom or you pay for patrolling, fuel that will ramp up ship speeds to evade pirates and high insurance premiums. In short, the problem hasnt been resolved. All the pirates have not dropped their guns, says Deora. Many agree. The Copenhagen-based Marine Standards group of Maersk, worlds largest container shipping company by revenue, said in a recent report that seafarers cant carry out their jobs without the risk of being held hostage for months on end. How long can one continue to pay thousands of dollars to re-route ships and hire private security firms, asks Aslak Ross,
head of Maersk, in a report. His words echo in notes circulated by Oceans Beyond Piracy, a think tank focused on improving the response to maritime piracy. Narendra Taneja, a senior journalist, says companies do not have a choice despite the number of attacks dwindling over the years. The companies do not have any option but to move billions of dollars worth of goods through these dangerous waters. When a billion-dollar worth of cargo is attacked constantly, there is a global economic impact, and India is a part of that. He adds that India should have got involved to resolve the crisis. The governments silence was strange. And, in the meantime, the pirates grew in stature and became tech-savvy. Now, they use satellite phones and global positioning systems (GPS) as well as highercalibre weapons to target specific ships, especially those carrying oil. And the impact is devastating because of the commoditys importance to the western society. So what exactly is the problem? It lies in staving off hijack attempts. And that, says Taneja, can happen with sustained meetings between the aggrieved shipping companies and their parent nations. But that has not happened in India, and the companies have continued to pay high ransoms, often losing seafarers to the pirates bullets, he adds. It is desperation on the high seas. HOSTILE WATERS Consider the plight of the shipping companies. Negotiations between pirates, ship owners and underwriters last for months. The deals are reached in hostage situations, with helicopters dropping wads of cash using parachutes onto skiffs. The process is a heavy expense to ship owners and underwriters responsible for paying negotiators and organizing drop offs. Marcel Arsenault, who is a part of One
The nautical conventions

International laws to contain piracy
The Geneva Convention on the High Seas (1958) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS) have clearly outlined an international regime for the repression of piracy and effectively recognized the universal jurisdiction of all states to suppress it. UNCLOS clearly says that piracy on the high seas is illegal and that all states have a right to seize and prosecute those responsible for piracy on the high seas. It says that all states have an obligation to fully cooperate in the repression of piracy and have universal jurisdiction on the high seas to seize pirate ships and aircrafts used by pirates or taken over by them. It also empowers them to examine ships suspected of being involved in piracy.
The incidents of piracy have come down from 445 in 2010-11 to 297 in 2012-13. In 2013 there were 47 attacks.
Minister of State for Shipping
MILIND DEORA,
March 31, 2014
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India and Italy fight it out

INDIA has decided not to invoke the anti-piracy section of the Suppression of Unlawful Acts Against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act (SUA), 2002 against the Italian marines accused of killing two Indian fishermen. The centre conveyed this to Supreme Court on February 24. The controversial incident of Massimilian Latorre and Salvatore Girone shooting Indian fishermen off the Kerala coast mistaking them as pirates has triggered a bitter row between New Delhi and Rome. The two marines now on bail and working in the Italian Embassy in New Delhi were arrested in 2012 for killing the fishermen. They were part of a military security team on an Italian cargo ship. The issue has deeply impacted bilateral relations between India and Italy, with the latter insisting the matter be taken as a bilateral or multilateral issue, and India claiming this is a legal matter and the countrys laws should apply. On February 18 Italy recalled its ambassador Daniele Mancini back to Rome for consultations, after the Supreme Court asked New Delhi for more information on the Italian marines. Trial under SUA would have meant death sentence. Italian Prime Minister Enrico Letta said the proposal was unacceptable. Italy and the European Union will react, he said. The marines went home on parole last year. Rome initially refused to return them, arguing they should be tried in Italy because the incident took place in international waters. The marines eventually flew back to New Delhi in March 2013.
Experts say a serious negotiation with Mogadishu is imperative, ostensibly because heightened security is weighing out on an industry that is financially strung out. The going rate for a four-men armed security team today ranges from $3,000 to $5,000. And eventually, guards alone will not make problems go away. Says Satish Kumar, managing director, Dockendale Ship Management, Mumbai: Ships today have to take anti-piracy measures, as periodic reports of how pirates have tried to launch attacks keep coming in. So, having armed guards is the only answer. It could cost almost $50,000 per transit, pushing up the cost of operations. COMPASS TO SAFETY The problem can only be solved by a coordinated effort by the international community to fight organized crime behind piracy, says Deora. He fears complacency given the sharp decline in attacks could lead to a re-emergence of piracy down the road. Complacency is the biggest worry in north-west Indian Ocean, says Taneja. If shipping companies dont maintain their guard, theres a strong chance piracy will return, he adds. But can the effort be sustained at a time when shipping companies, with already painfully thin margins, are looking to lower costs by reducing layers of security? They already have, with the average size of security guards on boats in recent years declining to three from four or more previously. So what would draw world attention to the issue of piracy? Perhaps, a movie could do the wonders. In 2006, Blood Diamonds, an American-German political war thriller, co-produced and directed by Edward Zwick and starring Leonardo DiCaprio and Jennifer Connelly, highlighted the crisis of conflict diamonds. Captain Phillips, a gripping true-life film starring two-time Academy Award winner Tom Hanks about the hijacking of the container ship Maersk Alabama by Somali pirates in 2009, could drive the world to resolve to this global crisis. India, agrees everyone, needs to be in the forefront of this drive. IL
Earth Future, once asked: Why is the industry paying dearly to suppress the cost of piracy? But there are no options. Experts claim the volume of trade moved by this vital sea route will increase 50 percent over the next 20 years, as large number of goods will move to and from the west to east. According to a recent study by Oceans Beyond Piracy pirating is still a lucrative occupation in war-torn Somalia. Gun-toting men have infused millions of dollars into an underground market thriving in and around Somalia, where formal banking system stands totally dissolved. The money was believed to be spent in casinos in Mombasa on the coast of Kenya to be watered down before ultimately ending up in the hands of the Russian mafia, terrorists groups or being laundered to surrounding nations and regions around the world like the United Arab Emirates, said the think tank.
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LEAD / controversy/oshos will
as oshos clique indulges in dubious land transfers, the baffling appearance of his will years after his death adds to the acrimony By Abhay Vaidya
CONTROVERSIAL
March 31, 2014
LEGACY
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LEAD/ controversy/oshos will
H
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E died on January 19, 1990 at his commune in Pune. One would have thought that 24 years later, the Osho commune, that was renamed Osho International Meditation Resort, and the Osho samadhi at Koregaon Park in Pune would have flowered into a lively hub spreading his philosophy of celebrating life. But today, the place is no longer as popular as it used to be; it does not thrive with live music, dance and celebration. Entry is highly restricted. Far more seriously, there were attempts to hive off the communes properties through questionable gifts of prime real estate to an unknown trust in Delhi. Last year, a raging controversy over Oshos will came to light. Allegations followed by a police complaint and FIR charged that the will had been forged by top trustees Michael OByrne (Swami Jayesh) from Canada and Dr John Andrews (Swami Amrito) from England. They were the top functionaries of the commune even during Oshos lifetime. Amrito, who served as Oshos personal physician, was with him at the time of his death and announced the creation of Oshos samadhi (final resting place) according to his wish. The official line now is that the samadhi does not exist.
LAND LARGESSE Does anyone go around gifting prime real estate worth crores of rupees on the grounds that it is excess space not required and that the recurring cost of maintenance is unbearable? This is exactly what has been happening with the Pune properties under the management of OIF, the apex body of the Osho commune. Trouble erupted in the second half of 2011 when the followers of Osho discovered that the OIF had applied to the charity commissioner (Mumbai) seeking permission to gift a prime property, estimated at `8 cr, to an unknown trust in Delhi. Two of Oshos followers, Yogesh Thakkar (Swami Prem Geet) and Kishor Raval (Swami Prem Anadi) who described their occupation as business challenged the OIF application. Nitin Phulphagar (Swami Nitin Bharati), another disciple, joined the dispute challenging other activities of the foundation. Thakkar, Raval and Phulphagar questioned this gift deed application, which explained that OIF was unable to bear the recurring expenses for maintaining the property and it was not drawing any income from it.
The properties
Last year, a controversy over Oshos will came to light. Allegations followed by a police complaint and FIR charged that the will had been forged by top trustees Michael OByrne and Dr John Andrews.
SHO was born on December 11, 1931 in Kuchwada in the Hoshangabad district of Madhya Pradesh. His childhood name was Chandra Mohan Jain. He graduated in philosophy from DN Jain College, Jabalpur, in 1953 and was appointed as professor of philosophy at the University of Jabalpur in 1958. Osho claimed that he had attained enlightenment on March 21, 1953 at the age of 21. As a teacher, he gave captivating discourses that attracted huge crowds. He would travel to various towns and cities, hold camps and give discourses. In the 1970s, Rajneesh, as he came to be known
Another disciple of Osho, Zorba (Sandeep Kulkarni) filed a petition in the Bombay High Court against the administrators of the Osho commune, which alleged serious mismanagement and fraud. The OIF application, signed by a key trustee Mukesh Sarda on September 19, 2011, was made under Section 36(1) (a) of the Bombay Public Trusts Act, 1950. It proposed to gift six units in Little Woods Co-op Housing Society, Plot 22, Koregaon Park, to the New Delhibased Darshan Trust located at A-34, Defence Colony. According to the application, this trust
was engaged in education, teaching of yoga, meditation and philosophy and medical relief, among other activities of public utility. The property in dispute, called Osho Sanai, featured single-storey bungalows in Lane No 1 Koregaon Park. The OIF application said that the Darshan Trust had approached OIF with a request for some space to accommodate the teachers and participants of its activities in Pune. This was discussed at a meeting of OIF on August 14, 2011, and since the objectives of the Darshan Trust and the OIF were found to be similar,
IN SEARCH OF BLISS Intense physical and mental training is part of the daily regimen of inmates at the Oshos ashram
IN PERFECT CONTROL Ashramites honing their skills in archery
by then, began to attract foreign disciples and took to delivering discourses in strongly accented English. He decided to establish a commune in Pune in 1974. This was how a number of existing bungalows were purchased by Oshos followers in Lane No 1 & 2 of the upscale North Main Road, Koregaon Park. By the time Osho died in 1990, the communes properties were spread out across nearly 20 acres in the area. An authentic account of the properties owned by the Osho International Foundation (OIF) abroad hasnt been publicly disclosed.
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Pune, to the same New Delhi-based Darshan Trust. This plot, measuring 5,387 sq m in Lane 1, Koregaon Park, served as an expansive parking lot for the Osho International Meditation Resort. The market value of this plot was estimated at over `35 cr. It came as a shock to Oshos followers that this proposal was sanctioned and approved by the charity commissioner MK Chaure on March 17, 2011. This transfer was stayed by the Bombay High Court. The trustees of Darshan Trust were identified as Vidya Khubchandani and Anandkumar Awasthi, while those of OIF were identified as Mukesh Sarda, Devendra Singh Deval, Sadhana Belapurkar and Lal Pratap Singh. In his application, Sarda said that the OIF was not issuing any public notice about its proposal to gift the property as the trustees have unanimously resolved to donate the said property to another public trust having similar objects. No valuation report of the property was obtained as it was being donated to carry out charitable activities. Why are OIF trustees, especially Sarda, so keen to gift properties to the Darshan Trust? A DNA article in October 2011 claimed that the office of the Darshan Trust was registered in Defence Colony, New Delhi. However, it turned out to be a two-storied residential compound, which belongs to Darshan Trusts lawyer and Supreme Court advocate Ramni Taneja. The article also claimed that Sarda was not only a trustee of OIF, but also controlled the Darshan Trust.
REAL OR SURREAL? Meditation in progress at the samadhi inside the premises of the Osho commune. The OIF has denied its existence
the proposal to gift the property was approved. During that meeting OIF trustee Mukesh Sarda told participants that the 6,611 sq ft property at Koregaon Park Plot No 22 was excess space, which was not required by the OIF to fulfil its objectives, and the foundation was incurring expenses to maintain this property without deriving any income from it. The OIF trustees then unanimously decided to donate the property to the Darshan Trust. Within weeks of this development, another gift deed proposal came to light; OIF had applied to the charity commissioner (Mumbai) seeking permission under section 36(1) (a) of the Bombay Public Trusts Act, 1950, to gift plot CTS No 3, Koregaon Park,
THE WILL SURFACES I recall the events of January 19, 1990, when I covered Oshos death for The Times of India and all the subsequent developments of that period. During that time, and right till last year, OIF trustees unequivocally stressed that Osho did not leave behind any will. Now, however, 23 years after his death, a will signed by Osho has mysteriously appeared, naming the highest functionary of the Osho commune, the Canadian Jayesh (OByrne) as the sole executor. Jayesh is elusive and repeated requests for a meeting to clear doubts and queries were rejected by the Osho communes press in-charge, Sadhana Belapurkar (Amrit Sadhana).
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The document presented as Oshos will surfaced in a European Union court and it was around June 2013 that Oshos followers in India were alerted to this development. This will, reportedly signed by Osho, has been challenged in a Pune court as a forged one and the case is being heard by civil judge (junior division) UL Pathak. The Pune police has registered an FIR but has been accused of going slow in the matter. The will is dated October 15, 1989, three months before Osho died, on a stamp paper dated June 16, 1989. It, interestingly, bears Oshos unusual signature stating that he is bequeathing all properties in his name, including ownership and publishing rights, to the Neo Sanyas International Foundation, a Swiss charitable trust. The authenticity of this will has been challenged by petitioners Osho Friends Foundation & Others, led by Thakkar and Raval. They have demanded that the trustees be restrained from implementing the will. Besides, they have appealed for the appointment of an administrator for the safe custody of Oshos properties, which include real estate and intellectual properties. The petitioners have argued that non-production of Oshos will for 23 years comprehensively proves that no such will or document ever existed. WHITHER THE SAMADHI? Oshos samadhi inside the premises of the Osho commune at Koregaon Park has been dragged into another controversy, with the OIF now denying its existence. When Osho died in January 1990, the top management of the Osho commune issued press releases and said at press conferences that as per Oshos wish, his ashes would be buried in an urn in his bedroom at his Chuang Tzu residence to create his samadhi. In a recorded statement in January 1990, Dr John Andrews recounted his conversation with Osho just before his death, on what should be done to his samadhi. Osho had replied: You just put my ashes in Chuang Tzu under the bed. And then people can come in and meditate there. Amrito again quoted Osho as saying that his bedroom should be good for the samadhi. The room was decorated with a magnificent circular
Oshos footprint
n Archives of 9,000 hours of audio discourses in Hindi and English n 1,870 hours of video discourses n 650 titles of transcribed books in Hindi and English n Books translated in 65 languages around the world n About 850 paintings by Osho called Osho Signature Paintings n 80,000 books in Oshos personal library with his notations at his commune in Koregaon Park n Oshos samadhi at Koregaon Park n Prime real estate in Pune and abroad valued at more than `1,000 cr
chandelier, marble floors, walls and pillars. This room, now Oshos samadhi, has special significance to his followers. Khushwant Singh had remarked that the samadhi would become a place of pilgrimage for millions of Rajneeshs admirers spread across the world, as his dream would sustain people for times to come.
OSHO ENIGMA Writer Jeffrey Archer (right) at the library of the Osho International Meditation Resort
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HIGH CONNECTIONS (Left) Swami Jayesh (second from left) with Sharad Pawar. The mysterious will has named him as its sole executor; (Right) Osho followers Yogesh Thakkar and Kishor Raval (right) have challenged the communes decision to hive off its properties through gifts
Such a place ought to be freely accessible to the public. But try visiting it and you will face enormous hurdles, as I did in 2007 while reporting for The Times of India. In an interview published in the newspaper on August 19, 2007, Amrit Sadhana went so far as to say that it was a mistake on the part of the Osho commune to use the word samadhi. She said: We do not call it a samadhi. It is called Chuang Tzu (hall), where Osho gave his first lectures after arriving in Pune in 1974. As per Oshos wishes, his ashes were put in an urn and buried there. Chaitanya Keerti, a former spokesperson
Stony silence from Osho commune

here was a time when one of Indias most sophisticated press offices was located at the Osho commune in Pune. This was in the late 1970s and 1980s when the communes press relations team, led by Chaitanya Keerti, would deal directly with media offices around the globe in Europe, America, South America, Japan and elsewhere. In recent years, the Osho communes press in-charge Amrit Sadhana has been shy of the media in the wake of a series of controversies. Repeated requests for press interaction and interviews are turned down. When asked for a comment on the controversies, Sadhana declines and issues a terse communiqu stating: The matter may be subjudice. Her last press release and request for publicity was in October 2013: Lions Club International Honours Osho International Foundation for enlightening lives across the globe. Sadhana rejected requests for interviews with Jayesh and clarification on the various controversies.
of the commune, told this correspondent that a number of Oshos followers were suspicious of the resorts motives in discarding the term samadhi. We feel that it is a long-term strategy to break the emotional link that sanyasis have with Oshos samadhi and sell or lease Pune property in future, Keerti said. For almost a decade now, the commune administrators and OIF trustees have been trying to erase all references to the samadhi. In July 2012, one of the key OIF trustees rejected the existence of the samadhi in an affidavit before the charity commissioner (Mumbai). It is absolutely incorrect that there is any samadhi of Osho on the property owned by the trust. There was never any samadhi or any structure as samadhi of Osho, says a 34-page affidavit by OIF trustee Mukesh Sarda filed on July 17, 2012. Thakkar and his co-petitioners have two suits pending in the Bombay High Court against Neo Sanyas International Foundation and the OIF for alleged fraud of `300 cr and embezzlement of Osho trust properties. They allege the trustees are transferring funds, assets and benefits of the Osho charitable trusts in favor of private limited companies controlled by them. This perhaps is the worst tribute that Oshos followers could pay to him. IL
Abhay Vaidya worked with DNA and The Times of India and lives in Pune
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PHOTO ESSAY/ e-waste recycling
GRAVEYARD
thousands of computers are illegally dismantled and recycled in the dirty and dingy lanes of mustafabad in north-east delhi endangering health and environment
GRANDMAS ANGST Fahmida Khatoon feels her grandsons mental illness is due to e-waste poisoning
COMPUTER
MONITORS ON DISPLAY Illegal disposal of e-waste starts here with monitors of all kinds stacked against the walls
AHMIDA KHATOON is angry and anguished. The 72-year-olds son is in the business of e-waste sorting, something she is dead against. I told my son numerous times to change his business, but he never listens. My grandson was born mentally challenged because of the poison around, she says. The grandson, a 14-year-old, vacuously grins, playing with a screwdriver and the scrap around him. He smiles when other children call him bandar (monkey). He doesnt know what that means. Just like he doesnt know the toxicity of the world he lives in. His family extracts chips, diodes and batteries from inverters and resells them. Despite grave health risks, they carry on. In the battle for survival, nothing else matters. Welcome to Mustafabad in North-east Delhi, a sea of activity where thousands of discarded computers arrive from all over India, mainly from Karnataka, Andhra Pradesh, Goa and Maharashtra. They are
UNCHASTE E-WASTE A ragpicker stands on a pile of hardware remnants at a garbage dump in Delhi
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CHIPS IN THE BREAKING Women segregate parts to make sure what has to be sold, broken down or thrown away
broken down primitively and recycled. For decades, practically every house here recycles dangerous e-waste. High profit margins keep this computer graveyard bustling, despite this business being illegal. Delhi alone has over 4,000 illegal e-waste recycling units. But behind this thriving business are toxic dangers, which the workers know little about or care.
HEALTH EFFECTS
Enter the area and your eyes burn as the toxic smoke from burning computer motherboards hits you. The acrid smell snakes into your nostrils, making you gasp as lungs protest at this invasion. Its another world, all right. The narrow winding lanes throb with activity. Old computers lie in heaps by the roadside, waiting to be broken up and recycled. Wires, plastic, metal wasteall are scattered around. The sounds of a massive business enterprise are evident, inside houses and in the open as the ripping, filing and polishing goes on. Workers, covered with grime and dust, their hands dirty and gnarled, their eyes revealing the tragedy of their lives, plod on all day. E-waste is a part-and-parcel of their lives and they live with the toxic fumes in their poorly ventilated rooms where the boards are burned. Soon, the insidious crawl of the smoke inside their bodies will damage the kidney,
MOBILE BUSINESS Discarded desktops being unloaded at Mustafabad, with the owner on his cellphone
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VIRTUAL NON-EXISTENCE This is where the residents of Mustafabad live, and die; a woman carries her daily milk
brain and lungs, resulting in skin diseases, hormonal imbalances, asthma and even cancer. And yes, birth defects too. According to the World Health Organization (WHO), e-waste-connected health risks may result from direct contact with harmful materials such as lead, cadmium, chromium and inhalation of toxic fumes. But they have little choice. Most know that breaking down thousands of computers and recycling it is illegal. But like everything in India, there always are loopholes in the system which can be managed. Award winning environmentalist Bharati Chaturvedi who is the founder of Chintan Environmental Research and Action Group, points out: "The informal sector is forced to recover e-waste in ways that endanger their health. They inhale some of the world's most toxic chemicals-dioxins, furans, as well as heavy metals and acid fumes. Ultimately, the cost of recycling our old computers for e-waste handlers is the respiratory distress, possible cancers, reproductive and development disorders. If the brand owners were more committed to the legally mandated concept of extended producer responsibility, we could have both recycled and safeguarded their health." Mohammed Faisal, 16, begins his day by heading to a dirty, toxic gutter. He wades in, unconcerned, looking for discarded computer scrap. He then sells it to a kabadiwala for a few rupees before he starts his hard, grueling work in a dingy room. He first opens a monitor, casts the plastic body aside to be sold later as scrap, and then, dismantles the cathode ray tube (CRT). He cleans, polishes and refurbishes it. It will soon be packed off to Bangalore, where it will be assembled in
low-cost, unbranded television sets which are sold for `2,500. He dismantles about 60 monitors daily, enough to give him a hearty meal. Ask him if he ever wants to be an engineer and pat comes the reply, I am already an engineer. What I dream of becoming is a banker as there is money to be made there. Shockingly, there are no health precautions in this business. Workers dont have protective gear. In a study done by the Associated Chambers of Commerce and Industry, it was found that no norms were followed as the bulk of e-waste was handled by the unorganized sector. The WHO points out that children are especially vulnerable as their central nervous system, immune system, reproductive and digestive system are developing and exposure to toxic substances could hamper natural growth and development.
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GOLD BOARDS Around 6,000 motherboards are burnt to extract about 4 grams of gold from computer garbage
CHILD OF A LESSER GOD A teenager at work in the illegal factory; most of them contribute to the economic activity
ew e-waste (management and handling) rules from May 2012 say that producers of electronics are supposed to take back their goods when they have to be discarded. The Delhi Pollution Control Committee has authorized 12 agencies for collection of e-waste in Delhi. The responsibility of the producer is as follows: 1. Collecting e-waste generated and channelizing it for disposal or recycling. 2. Setting up of collecting centers, either individually or collectively 3. Financing and organizing a system to meet the cost involved in the management of the e-waste, as a joint effort 4. Providing contact details to customers so that they return the used electrical or electronic equipment at those designated centers. 5. Obtaining authorization from State Pollution Control Board or Pollution Control Committee concerned. 6. Maintaining records of e-waste. 7. Managing equipment even after it has lived its life and been discarded by the consumer.
E-LAWS FOR E-WASTE
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FINAL STOP Garbage at Delhis Okhla dump; magnets are used to attract metal from the e-waste
THRIVING MARKET
The area is full of entrepreneurs with ingenious ideas. Sarfraz Ali has found a subtle way to tell people his profession. He has fixed a computer monitor over his door, a sign that monitors and parts are sold here. Saleem Sultan, owner of Saleem Computers, meanwhile, supervises monitors being unloaded. These will soon be dismantled. CRTs are refurbished and make their way to Seelampur, from where they go to Bangalore. As for the grime and toxicity, it hardly matters. It is a good business, he says matter-of-fact. Saleem, in turn, works for Shahnawaz, an entrepreneur who has been in the recycling business for 18 years. It may look like dirty business, but there is a lot of money in it. Look at Shahnawaz for instance, he says gleefully, as a worker fixes stickers on the old CRTs labeled Shahnawaz Computers. Apart from computer monitors, central processing units too are dismantled. The outer aluminium cases are set aside to be sold as scrap. With a blow torch, the motherboards are burnt to extract precious metals like gold, silver, copper and platinum. Some 6,000 motherboards are burnt by
Shakeel, a worker, to extract just four to five grams of gold and silver. Inhaling these toxic fumes has almost killed him as he suffers from second-stage tuberculosis. Toxic Links, a Delhi-based NGO that follows the money trail in recycling e-waste, found traders amassing attractive profits in this life-threatening business. They have also managed to escape the law due to political patronage. For the families that live in Mustafabad, life goes on normally. Shahin, whose husband plies this trade, nonchalantly steps over piles of e-waste outside her home. When she first went home after she got married, her neighbors used to call her kabadiwale ki biwi. Shes fine with that. After all, it keeps the kitchen fires burning. All that cannot be sold or recycled is dumped in a garbage heap. From here, trucks of the Municipal Corporation of Delhi take it to an incinerator where it is burnt. This is dumped in a landfill in Okhla. Here, rag-pickers wait with magnets to collect small iron fillings, which are then sold to smelting factories. The unregulated madness goes on. IL
SHADAB NAZMI is completing his Masters in Convergent Journalism from MCRC, Jamia Millia Islamia. The idea of capturing e-waste recycling struck him when he met Khalid, who jokingly said, I have ten mouses. He then got into photographing their saga at Mustafabad.
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PROBE/ cwg scam
WHERE DIDTHE
LOOT
in 2010, india was rocked by the `70,000 cr CWG scam. three years on, there hasnt been a single conviction and all the accused are out on bail
GO?
t has been a case of gross misappropriation of public funds. Yet, the wheels of justice have hardly moved to see the culprits behind bars. Shockingly, three years after Prime Minister Manmohan Singh promised to punish all those involved in the 2010 Commonwealth Games (CWG) scam, not a single accused has been convicted. All, including CWG Organizing Committee (OC) chief and Congress MP Suresh Kalmadi, are out on bail. With CWG cases still in the trial stage, it is anybodys guess as to when justice will be meted out. Or, the case may be lost in the labyrinths of the Indian judicial system. Though the former chief minister of Delhi, Arvind Kejriwal, directed the states anti-corruption branch to lodge an FIR in the `90-cr street light project scam for the games, it is a moot question whether investigative agencies will get hold of anything. But with huge amounts of
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public money involved, the case will be too hot a political potato to handle for the Congress party against the backdrop of general elections slated to be held during AprilMay this year. The sheer audacity of the scamsters forced a bench of the Supreme Court to say in 2010: In this country, payments are made without work being done. A newly constructed bridge collapsed like a pack of cards. `70,000 cr are involved. There is rampant corruption in the country. We cannot shut our eyes.
The pace of investigation into the scam has been excruciatingly slow, which is borne out by the fact that though the CBI filed 18 criminal cases, only four have progressed to the stage of chargesheet, while in four others, it has recommended closure. That will probably be the fate of other cases too. In all likelihood, lack of evidence or inability to obtain information from abroad may be cited as reasons for the closure. Besides delay, the investigations also seem lopsided. The CBI has not pursued cases against the Delhi government,
PIB
POWER PLAY Suresh Kalmadi hands over the Commonwealth Games Federation flag to the then Lt Governor Tejinder Khanna at the closing ceremony in 2010 as former CM Sheila Dikshit looks on
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PROBE/ cwg scam
Cry, my beloved country

The prices at which various items were procured were staggering
ITEM FURNITURE
Chair
(Patio FOH)
MARKET RATE (per unit in ` )
CWG PRICE (per unit in ` )
1,276
12,244
FITNESS EQUIPMENT
Adjustable Benches
(reclined)
24,306 1,46,765 2,20,147 5,706
1,55,763 8,01,066 9,01,484 3,06,087
Cross Trainer Multi Gym Stepper

(12 stations with pulley and leg extension cables)
INDUSTRIAL GOODS
Air Conditioning
HVAC 150T 1000 KVA 415V, 50Hz, 1500RPM
16,21,809 15,84,719 23,75,612 26,39,569
2,08,87,833 1,45,83,305 2,43,05,508 5,46,87,394

which was mainly responsible for the budget for various infrastructure projects of the CWG. Two independent agencies the PM-appointed Shunglu Committee and the Comptroller and Auditor General (CAG) have indicted both the OC and the Delhi government for wasteful expenditure. In 2012, the Central Vigilance Commission (CVC) revealed that it was probing more than 58 cases of alleged graft and irregularities related to the games. IT BEGINS AT THE TOP Allegations of irregularities, cost escalation and corruption started swirling much before the games took off on October 3, 2010. These included construction of a plethora of structures, appointments of insurance consultants and placement brokers, sale of VIP passes and hiring of display boards, air conditioners and others. A perusal of the rates of various types of items (see box) shows a wide variance from market prices, lending credence to the talk about corruption on a massive scale.
DG Sets Power Power
320 KVA UPS
400 KVA UPS
OTHER GENERAL/ HOUSEHOLD ITEMS

Brush Disposable Glasses First Aid Kit Garbage Bags Liquid Soap Dispenser Plastic Rope in 5m Soap Dispensers Tissue Roll Water Dispenser ( 20 litres) Water Jug Mosquito Repellant
65 1 938 4 187 38 187 22 1,776 152 114
1,841 37 6,711 3,068 9,379 2,762 9,379 3,751 32,986 1,944 118
Source: Commonwealth Games Audit Report
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Probing the rot

CBI: Filed 18 criminal cases. Only four chargesheets filed, four others recommended for closure. Lack of evidence or inability to obtain information cited as reasons l Shunglu Committee: Submitted six reports slamming the Delhi government and its agencies. Sent to GoM headed by defense minister AK Antony. Nothing came out of it l CAG: In 2011, it indicted the PMO and the then Delhi CM Sheila Dikshit for the scam l CVC: Probed more than 58 cases of alleged graft and irregularities
l Anil Shakya
The net result of various investigations stunned the nation. The corruption was documented by the high-level committee headed by former CAG, VK Shunglu, which submitted six reports detailing the delays and corruption in mind-numbing detail. These were supposed to be examined by a Group of Ministers (GoM) headed by defense minister AK Antony. But, nothing has come out of it. Hardly surprising, considering that the allegations were against Delhis Congress government. The report slammed the Delhi government and its agencies for delays in key projects, leading to a loss of `900 cr to the public exchequer. These were in the construction of bridges, flyovers, roads and other civic work. Agencies, such as the PWD, MCD and NDMC, were criticized for wasting `700 cr to give Delhi a temporary facelift. Around `159 cr went down the drain to put up street lights and signages. Worse, tenders were manipulated by bidders in collusion with civic agencies. The panel severely indicted Sheila Dikshit and
asked why she had to take charge of all financial approvals for CWG-related projects and then okay six projects under `50 cr. It wondered why there was no decentralization of power. POOR GOVERNANCE The 2011 CAG report blamed the drain on the exchequer to poor governance and said the rot included the Prime Ministers Office, which couldnt ensure sufficient control over the OC and the then CM. The CAGs indictment added that Authority was dissipated, accountability was diffused and unity of command was not provided for or followed. The CVCs 58 cases showed collusion among various agencies 24 cases related to ministry of sports and youth affairs, 11 to the ministry of urban development, nine to the OC, three each to the MCD, Delhi government, NDMC and ministry of information and broadcasting. The role of ministry of earth sciences and Engineers India Limited, too, were being investigated. It seems a lost cause now. IL
WHEN TRUST COLLAPSED (Above) Site near the Jawaharlal Nehru Stadium in New Delhi, where a foot overbridge came crashing down on September 21, 2010; the stadium was CWG venue for the 2010 the Games
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SPORTS/ cricket /srinivasan
UTHLESS, ELIGIOUS, IGHTEOUS

the man with a never-say-die spirit, n srinivasan has ruled cricket with an iron fist for the past decade. despite several allegations against him and his family, he has survived, and even thrived
Anthony Lawrence
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F only the members of the Indian national cricket team could take a lesson or two from Narayanswami Srinivasan, life would be ecstatic for the fans. The words missing from the teams and skippers mindset, such as defiance, tenacity, ruthlessness, never-saydie spirit and a reluctance to give up in the face of imminent defeat, are Srinivasans biggest strengths. On the contrary, the cricketers, including captain MS Dhoni, picked up a few of the BCCI chief s unwanted qualities, such as arrogance, devil-may-care attitude and scant respect for the followers of the game. It is common knowledge that little, if anything, happens in Indian cricket without Srinivasans knowledge or consent. His tentacles have expanded to global cricket after he was recently anointed as the next chairman of the International Cricket Council (ICC). If ever a book were to be written on how to take on all-comers in business, sports, administration and issues that straddle them, the best person to write it would be Srinivasan himself. His obsession, some say passion, to control cricket has taken him to newer heights, but also landed him in trouble in the past few years. There were issues about conflict of interest because he was the BCCI treasurer when India Cements, promoted by his family and where he is the vice chairman and managing director, purchased an IPL franchisee, Chennai Super Kings (CSK), in 2008. His son-in-law Gurunath Meiyappan was arrested in 2013 for fixing IPL matches and illegal betting. In February 2014, the Justice Mukul Mudgal Committee report, which was submitted to the Supreme Court, found Gurunath guilty of illegal betting. More important, it said that the son-in-law acted as CSKs team management and, according to IPL and BCCI rules, the franchise could be cancelled. The report hinted that a bookie named Dhoni as a participant in match-
fixing, and the case file of the investigations had gone missing. Srinivasan was the brain behind the controversial ICCs proposals, which changed the structure of global cricket. The proposals, which were passed by nine of the ten main members of the Council, put the Indian, Australian and English cricket boards in a superior position, compared to others, and stated that ICCs profits would be shared as per contributions made by the member countries. Therefore, India, which contributed 70-80 percent of the revenues, would get the lions share of the profits. MASTER STROKES Srinivasan owns three star-studded cricket teams in India the national cricket team, CSK, and a third, which represents India Cements. India Cements sponsors and supports over a dozen teams in the various leagues in Tamil Nadu and elsewhere. The BCCI czar has mastered the art of turning adversaries into allies. Years ago, he won back the company he had inherited from his father but which was snatched away from him after protracted legal battles and political lobbying. When Srinivasan strides into a boardroom, be it the BCCI or India Cements, there is pin-drop silence. No one dares to talk out of turn, not even when they want to scream and throw him out. And when he leaves, they are eating out of his hand. The reason: he invariably makes an offer that one cannot refuse. That would remind readers about the movie, Godfather, in which Marlon Brando said, Im gonna make him an offer he cannot refuse. The murmur in Chennai social circles is that his favourite book is Mario Puzos epic, Godfather. Ruthless Srinivasan may be, but the list of his traits doesnt stop at that. He is ambitious, meticulous, and even generous, especially to those who are his loyalists. He has impeccable tastes. He loves the best of single malts, has a golf handicap which was once in single digits, but has now crept into low double digits, and his suits include a collection of Armani and Saville Row, which are the envy of any connoisseur. His cars, mostly numbered 9001, include
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SPORTS/ cricket / srinivasan
The murmur in Chennai social circles is that Srinivasans favourite book is Mario Puzos epic, Godfather.
Mercedes Benz and Land Cruiser. It has been a long journey for this dictator-cum-benefactor in business and cricket. Srinivasan studied in Chennai and played tennis and cricket as a young man. He went to the US to get a degree in engineering but could not complete it as he had to come back to India in the wake of his fathers sudden death, to take charge of India Cements, which was co-promoted by his family. FIGHTS, FRIENDS AND VAASTU Srinivasan learnt his business and management lessons quickly. More importantly, he understood the importance of knowing the countrys laws, allying with politicians and other businessmen, and becoming influential. In a rare moment of candor, he might smile and say his success depended on God and good luck. But it was his inherent ability to strike decisively at the right time that made all the difference. Srinivasan loves a good fight, and the more intense it is the better for him. He did not shy away from a corporate battle that lasted over 10 years in the courts. This was when India Cements management was
Getty Images
PROBLEMS BEGIN AT HOME Srinivasans daughter Rupa and son-in-law Gurunath Meiyappan
taken over by the lead financial institution, IDBI, and Srinivasan was chucked out of the board. Patiently, he went from court to court, politician to politician, to successfully wrest back control over the company. His friends included the late Murasoli Maran, the nephew of the powerful DMK chief, M Karunanidhi. In fact, this political family helped him to get back India Cements, when the DMK swept to power in Tamil Nadu. Coincidentally, Marans son, Kalanidhi Maran, who manages a media conglomerate in south India, purchased an IPL team, Sunrisers Hyderabad, when its former owner, Deccan Chronicle, found itself in a financial mess. Another coincidence: the former consultant and mentor of CSK, Krish Srikkanth held the same position in Sunrisers Hyderabad. Srinivasans other good friend was the late BS Adityan, the former president of the Indian Olympics Association, whose business portfolio included a number of newspapers and a TV channel. And yes, Adityan was a director at India Cements, till he passed away last year. But his real mentor, guide and philosopher is K Venkatesan. A religious man, Srinivasan is invariably seen with a kumkum on his forehead, and he never takes a crucial decision, corporate or cricketing one, without consulting Venkatesan. A series of emails that were published in newspapers and websites revealed that the astrologer tells the CSKs captain, Dhoni, what time to enter the field for an IPL match and what to do if he won the toss. TEAM GAMES The BCCI presidents entry into the world of cricket happened when he was nominated as a representative of the Vellore District, which was a member of the Tamil Nadu Cricket Association (TNCA). AC Muthiah, who manages the SPIC Group and wielded clout in Indian cricket, helped Srinivasan to take his first steps into cricket administration. He later became one of the vice presidents of the TNCA. After Muthiahs eight consecutive terms as the TNCA president, the associations constitution forced him to step down. Srinivasan became the new
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SPORTS/ cricket / srinivasan
Cure for cricket

Mudgal Committee recommendations to cleanse corruption
It is imperative to enact a substantive law making all forms of manipulation of sports, corruption and malpractices a criminal offence. It must be applicable uniformly and should stipulate the creation of an independent investigating agency, a dedicated prosecuting directorate and a separate judicial forum for expeditious trials. The law must provide for stringent deterrent punishments. n There is lack of co-ordination and trust amongst law enforcement authorities. The report recommends that the Supreme Court create a special investigation team or a joint investigation team so as to include officers from all specialised agencies, such as Enforcement Directorate, Directorate of Revenue Intelligence and Income Tax Department. n Supervision of players and an increased measure of control over their activities. n Introduction of an accreditation system, including prohibition on access to players hotel rooms, strict control of telephonic access and contact with media representatives, sponsors and the public. n The BCCI/IPL should frame rules for assessing/evaluating the credibility of owners in order to prevent unscrupulous entities from purchasing a franchise. n A separate code of conduct for owners and team officials; also prescribe sanctions/punishments. n Registration and accreditation of players and agents/managers by the BCCI, where no player should be allowed to align with an agent not registered and accredited by the Board.
n
2013, Ultimately, Srinivasan agreed to step aside from his post till an internal investigation on Gurunath was completed. And who became the interim president? It was none other than Dalmiya, whom Srinivasan opposed when he backed Pawar in 2005. However, Srinivasan won the BCCI elections for the third time in September 2013. After the Supreme Courts intervention, he was back into the saddle. FAMILY PITCH Unfortunately, if there is one sphere, where Srinivasan has not been able to win friends and influence people, it is his family. Never really close to his younger brother, N Ramachandran, who has just been appointed as the IOA chief and is the head of the World Squash Federation, he bought over his stake in India Cements in 2009. Both the brothers called it a private transaction and it stayed under wraps. Srinivasans estranged son, Ashwin, has criticized his father several times. It hurt the father, but the poker faced Srinivasan did not show his emotions. Ashwins sexual preferences he has publicly professed he is gay and lives with his partner in Mumbai and his tirades against his father have appeared in the media. His daughter, Rupa, now a whole-time director at India Cements, had altercations with Srinivasan over her marriage. She possibly met Gurunath on a golf course, both being excellent golfers. The would-be husband was a scion of the influential family, which owns AVM Productions and set up the movie business almost six decades ago. Insiders contend that Srinivasan wasnt keen on Gurunath as his son-in-law, but his daughter put her foot down. However, these are rare occasions in the life and times of Srinivasan. Most times, he gets his way, even if he has to wait for years and decades. Public criticisms, moral compulsions and philosophical considerations do not matter. What matters is whether he is legally right. This was evident when he stuck on as the BCCI head despite allegations against his son-in-law. As he said in a recent interview, I do what I think is right. IL
president with the blessings of his mentor. As a state association president, he attended the BCCI meetings and, over the next few years, imbibed the tricks of the trade from another master politician in cricket, Jagmohan Dalmiya. And then he changed his allegiance. In 2004, the Maharashtra politician, Sharad Pawar, lost the BCCI presidential elections by a single vote, the casting one by the outgoing president, Dalmiya The next year, Pawar extracted his revenge and became the president. Srinivasan, former president Shashank Manohar, and the disgraced former IPL commissioner, Lalit Modi, were the brains behind Pawars victory. The equations changed again. In 2010, after Pawar had completed his three-year tenure at BCCI, Srinivasan took on the formers protg, Modi, and got him banned from cricket for life. He joined hands with Manohar, who was then the president, to go after Modi. After taking over as BCCI president from Manohar in 2011, Srinivasan got into trouble when his son-in-law, Gurunath, was arrested by the Mumbai Police on charges of fixing and illegal betting in IPL matches in
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CORPORATE/ interview/js bindra
jaspal singh bindra, group executive director, standard chartered, says this is a good time for M&As, and government should encourage it
By Alam Srinivas
NO RISKS TO STATE-OWNED BANKS

VER four years ago, Jaspal Singh Bindra was appointed as the group executive director on the board of Standard Chartered PLC, which manages the Standard Chartered Banks branches across the globe. He became the only Indian on the board of the bank, which ranks among the worlds top 15 banks. Bindra is also the CEO, Asia, and responsible for the Asia-Pacific region, which includes India and China. The region accounts for 70 percent of the banks income, profits, credit exposure, and headcount.
March 31, 2014
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CORPORATE/ interview/js bindra
The option given to subsidiarize in India is welcome, but we do not aspire to match the branch network of local banks.
What is the immediate future of the Indian banking sector given that bad loans, or non-performing assets (NPAs), have shot up and are likely to increase further? Do you envisage a scenario where some of the smaller government-owned banks can fail?
Bank credit portfolios will remain stressed in the near term, particularly the credit exposures to the core sector. There was earlier a period of policy paralysis, and now that we have progressed on policymaking, the bureaucracy has chosen to suspend activity in anticipation of the outcome in the forthcoming national elections. However, I do not foresee any risk of
government-owned banks failing. The government has sufficient capacity to dilute its holding in state-owned banks to raise capital and still retain the majority of 51 percent. This is also a good time for consolidation in the Indian banking sector, something the government should encourage, in my view.
Is Stanchart excited by RBIs new regulations that envisage that foreign banks will be given a level-playing field vis-a-vis Indian banks, if they agree to operate in the country through whollyowned subsidiaries?
The voluntary option given to foreign banks to subsidiarize is definitely welcome. The level playing field is for each bank to answer on its own, but as far as Standard Chartered is concerned, we are not aspiring to match the thousands of branches network of the local banks. We continue to study the legal, financial and administrative issues applicable to us at the country and group level, as a precondition and consequence of subsidiarization. So, it is work in progress and because India is a strategically critical market for us, the subject of subsidiarization remains under consideration.
RBIs mindset on new bank licenses, which it will give shortly, is that the newer banks should operate in a niche area, rather than provide plain vanilla banking services. The central bank hopes to shortlist three licensees, one each from a microfinance institution (MFI), corporate owner, and nonbanking finance company (NBFC). Do you feel this is the best way to expand the banking sector and enhance the range of services offered by banks?
The RBI governor, Raghuram Rajan, has from the outset declared his intention to expand the banking sector. Issuing new banking licenses is a sure way of achieving that objective. The regulatory barriers to entry could be attributed to the (high/higher) profitability in the banking sector, which in itself is not bad, but lack of access
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to credit, depth in capital and term markets, etc, are bad.
The microfinance sector in India went through a dismal phase in the past few years. Now, the RBI has decided to rejuvenate it with a number of sops. What are the prospects for the microfinance sector in the near future?
The government and RBI need to boost financial inclusion, as such a small proportion of Indians have a banking account, and even among those the penetration of financial services is dismally low. Microfinance is a great need and opportunity and the government, RBI and banks must tap this huge potential. It is statistically proven that the credit and financial performance of micro-borrowers is at least no worse than their bigger counterparts so at minimum it is a good diversification for banks while it serves to the justifiable cause of financial inclusion.
Rajan effect on Mint Street

Despite RBI governors efforts, the banking sector may face its worst crisis within a year
By India Legal Research Team
ndian bankers are both excited and worried at this juncture. They are enthusiastic about some of the initiatives taken by the new RBI Governor Raghuram Rajan. These include his move to allow foreign banks a level-playing field compared to their Indian competitors. If the former set up a subsidiary in India, they can enjoy greater freedom in operations. Rajan has said that new bank licences will be issued over the next few weeks. But since the Election Commissions model code of conduct has kicked in, the RBI may need to seek its permission. But the banking sector is saddled with one of its greatest problems: bad loans or non-performing assets (NPAs). Most rating agencies predicted that NPAs will only increase over the next 12 months; a few said they may go up from just over 4 percent to 6 percent of the sectors overall loan exposure. If economic growth does not go up in 2014-15, more stateowned banks can go the United Bank of Indias (UBI) way. In UBIs case, NPAs shot up by three times, and loans that had been restructured turned bad within a short period. Data shows that the state-owned banks restructured corporate loans worth `77,000 cr in the past year; applications for the same are almost twice this figure. If a sizeable portion of these loans turn into NPAs, Rajan and the next finance minister will face a huge problem. It will possibly be Indian banking sectors worst crisis. IL
In the recent past, RBI Governor Raghuram Rajan has consistently emphasized that his concerns are more about inflation and he would use monetary tools to tame price rise. Is this the best policy for a growing economy like India? Or would you agree with Finance Minister P Chidambaram that the central bank should use interest rates to boost growth?
In every country there is the traditional debate on monetary policy and its effectiveness in taming inflation versus boosting growth. For me, containing inflation means higher disposable income and protecting the erosion of savings. Thus, these are prerequisites for investment which are encouraged by lower interest rates. However, in India many would argue that raising interest rates has not been sufficient for controlling inflation, as the bigger contributors are supply side constraints. Under these circumstances, it is important not to lose sight of encouraging investment-led growth while fighting inflation, and the trick is to find the optimal balance. IL
March 31, 2014
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HUMAN INTEREST/ euthanasia
death
Seeking dignity in
THE DEBATE OVER EUTHANASIA CONTINUES UNABATED AS THE SUPREME COURT LOOKS AFRESH AT THE ARUNA SHANBAUG JUDGMENT OF 2011. SHOULD INDIA ALLOW MERCY KILLING OF TERMINALLY ILL PATIENTS?
K
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Open your eyes, look within. Are you satisfied with the life youre living?
Bob Marley, singer
OLAVENNU Venkatesh, a chess champion, was 10 years old when a genetic neurological disorder called Duchennes Muscular Dystrophy struck him, binding him to a wheelchair for life. This disorder decays muscles slowly and has no cure. Having fought the disease for many years, Venkatesh expressed his wish to donate his organs in 2004. His mother Sujata said her son wanted to donate his vital organs like the heart and kidney before life would ebb away. So, she approached the Andhra Pradesh High Court in 2004 and pleaded that her sons wish be fulfilled. Rejecting the mercy killing plea, the high court stated that no organ could be transplanted from a person who is not brain dead. Venkatesh passed away two days after the verdict. Euthanasia or mercy killing continues to be an anathema to most judicial systems and law-mak-
ers across the globe. Despite several countries legalising active or passive euthanasia or assisted suicide, the emotions it invokes are extreme. After all, it involves a human life, even if in vegetative state. The Indian judiciary too has been faced with the unenviable task of taking a stand, and in the landmark Aruna Shanbaug judgment of 2011, the Supreme Court observed: We feel like a ship in an uncharted sea. The uncertainty is obvious: While in early February this year, the Supreme Court, in reply to a public interest litigation filed in 2008 by NGO Common Cause, termed euthanasia as suicide, saying it cannot be allowed, it has now asked a five-judge bench to look afresh at the 2011 Aruna Shanbaug judgment. The dilemma can be immense for a family pondering over whether to put an end to a loved ones life. While patients are not even aware of their state, families suffer emotionally and financially. But for doctors and lawmakers, there are limited healthcare alternatives for the terminally ill. The key issue is that the right to live not only implies right to food, shelter and clothing but a dignified existence as well. What happens when a
Pradeep Saini
person is unaware of his own existence? What happens when a person cannot make a choice of whether to opt for death, to be free from pain and misery? On the other hand, who gives anyone the right to end the life of a person, when she herself is not in a position to take the decision? What would the person, who is in a vegetative state, have desired for himself? Difficult questions. MARK OF MATURITY Even the Supreme Court bench of Markandey Katju and Gyan Sudha Misra, which passed the judgment in the Aruna Ramchandra Shanbaug vs Union of India case in 2011, said: Euthanasia is one of the most perplexing issues which courts and legislatures all over the world are facing today. Aruna was a nurse at King Edward Memorial (KEM) Hospital, Mumbai. On the night of November 27, 1973, Shohanlal Bhartha Walmiki, a ward boy brutally raped her, strangled her with a dog chain, and left her partially brain dead and unable to speak or walk forever. The ward boy served two concurrent seven-year sentences for assault and robbery, and not for rape. Aruna was
Life is not mere living but living in health. Health is not the absence of illness but a glowing vitality.
Court observation in the P Rathinam vs Union of India case, 1994
soon to be married to Dr Sundeep Sardesai. In 2009, author and journalist Pinki Virani, who had written Arunas Story, filed a petition for euthanasia for Aruna in the Supreme Court. The court set up a medical panel to examine Arunas condition on January 24, 2011. Three months later, the mercy killing petition was rejected. Some important issues were highlighted in this judgment. The question of emotional bond came up. While Aruna has been abandoned by her family, the staff of the KEM Hospital has taken care of her for the past 39 years, feeding her, cleaning her, playing devotional music for her and introducing her to new batches joining the hospital.
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HUMAN INTEREST/ euthanasia
YOU HAVE MY SANCTION Having seen his mother and brother suffer, broadcast operations expert RS Chauhan has turned a strong advocate of euthanasia
a person or conspire with doctors to get the patient killed to inherit property and wealth. Another view was that with advances in science, doctors should explore medical options to cure and not give up on patients. LEGAL VIEW In the 2011 crucial judgment, Supreme Court ruled that passive euthanasia that is deciding to withdraw a support system that keeps a terminally ill patient alive can be allowed. But it added that if KEM Hospital wanted to withdraw support to Aruna, it will have to refer the matter to the Bombay High Court. However, it declared active euthanasia that is administering dose of a substance so that a patient dies peacefully in sleep as illegal. Now, the Supreme Court wants the 2011 Aruna Shanbaug judgment to be looked afresh because of its inconsistent opinions. The SC is referring primarily to the interpretation of two earlier judgments P Rathinam vs Union of India (1994) and Gian Kaur vs State of Punjab (1996). In the Rathinam case, the court observed: Life is not mere living but living in health. Health is not the absence of illness but a glowing vitality. From this it follows that if a person is denied healthy life, then he should have the right not to live. But this was overruled in the Gian Kaur case; Kaur abetted her mother-in-laws suicide to end her miseries. The court ruled that the right to life under Article 21 of the constitution does not
Anil Shakya
Dr Sanjay Oak, the dean of KEM Hospital filed an affidavit in the court, which raised several arguments. He pointed out that Aruna was looked after by doctors, nurses and paramedical staff who were extremely attached to her. This is one of the finest examples of love, professionalism, dedication and commitment to an ailing colleague, he said. In his passionate plea, Oak added: I feel that society has not matured enough to accept euthanasia or mercy killing. I fear that this may get misused and our monitoring and deterring mechanisms may fail to prevent those unfortunate incidences. To me any mature society is best judged by its capacity and commitment to take care of its invalid ones. GE Vahanvati, the attorney general, pointed out that by permitting euthanasia, there was a greater danger that relatives may conspire to kill
The merciful ones

Many countries have legalised euthanasia for the terminally ill
n
NETHERLANDS: The country has legalised euthanasia. It is regulated by the Termination of Life on Request and Assisted Suicide (Review Procedures), 2002. It states that euthanasia and physicianassisted suicide are not punishable if the attending physician acts in accordance with the criteria of due care. These criteria concern the patients request, the patients suffering (unbearable and hopeless), the information provided to the patient, the presence of reasonable alternatives, consultation of another physician and the applied method of ending life.
SWITZERLAND: One of the few countries to legalise euthanasia. Article 115 of the Swiss penal code, which came into effect in 1942, considers assisting suicide a crime if, and only if, the motive is selfish. The code does not give physicians a special status in assisting suicide. The Swiss law is unique because the recipient need not be a Swiss national, and a physician need not be involved. Many persons from other countries, especially Germany, go to Switzerland to undergo euthanasia. BELGIUM: It legalized euthanasia in September 2002. The law sets out conditions under which suicide can be practised without giving doctors a license to kill. Patients wishing to end their own lives must be conscious when the demand is made and repeat their request for euthanasia. They have to be under constant and unbearable physical or psychological pain resulting from an accident or incurable illness. On February 13, 2014, Belgiums Chamber of Representatives, the lower house of the countrys parliament, passed a bill to allow euthanasia to terminally ill children of any age. It was opposed by Christian Democrats, who were part of the ruling coalition. Religious
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include the right to die. It ruled both euthanasia and assisted suicide as illegal. These two cases had brought to fore the contradictory pulls of Article 21, which veers towards the view that denial of a healthy life should entitle a person to his right to die, and Section 309 of Indian Penal Code, under which this is considered suicide, which is illegal in India. Reopening this debate will make the judiciary approach the debate from a more humane angle, perhaps changing its opinion to match what countries across the world are adopting. A SUFFERERS VOW The debate on euthanasia has an empathetic ear to the loved ones of terminally ill patients. Take the case of RS Chauhan, a broadcast operations and engineering veteran, who strongly advocates euthanasia. His mother suffered from Alzheimers for years before she died. In her memory lapse, she started treating the 60-year-old Chauhan as her four-year-old child, and did things like packing his school bag. She would lock herself in the bathroom and then forget what she had to do. Suffering did not end with her death. Soon afterwards Chauhans brother-in-law, an army doctor, also succumbed to Alzheimers. The family was in for more suffering as his brother became a patient of Dementia, which not only reduces the ability to reason but also affects memory. Having seen so much suffering, Chauhan is worried if the disorders that have afflicted the family are genetic. It must be legalised. I dont
The original advocate

Minoo Masani made mercy killing his life mission
MINOCHEHER RUSTOM MASANI (1905-1998), a barrister, author, parliamentarian and associate of C Rajagopalachari in the Swatantra Party, never toed the official line or pandered to the majority view in his political life. His views on passive euthanasia were way ahead of his time. He passionately wanted euthanasia to be legalized. He founded the Society for the Right to Die with Dignity in Mumbai. He also served as the president of the World Federation of Societies for Right to Die from 1984 to 1986.
know what the future has in store for me. I want to give it in writing that if I am diagnosed with Alzheimers, I must be injected with a lethal dose. My relatives should not be traumatised looking after me, feels Chauhan. CELLULOID SENSIBILITY This anguish is the subject of many movies. In Guzaarish, a sensitively directed Hindi film by Sanjay Leela Bhansali, Hrithik Roshan plays Ethan Mascarenhas, a quadriplegic, paralyzed neck down after an accident and confined to bed since last 12 years. Ethans mother (Nafisa Ali), along with friends and well-wishers, approaches the court for mercy killing as per her sons wish. Its Ethans life and Ethans alone, she says. When asked if she would do it with her own hands, she replies: Yes. I want his pain to stop. A BBC documentary, Terry Pratchett: Choosing to Die features Peter Smedley, an English millionaire who was diagnosed with motor neurone disease in 2008. It features other patients with diseases like Alzheimers who decided to end their lives. The film shows final moments of 71-year-old Peter Smedley, who opted to end his unbearable pain with the help of the Dignitas organisation in Switzerland as it was illegal in Britain. Unless modern medicine finds a cure for terminal illnesses, patients and their kin will continue to suffer. Should such patients be forced to live regardless of the quality of life that confronts them because law doesnt permit it? Or, should legislation be extended to ensure that one should have the choice to die with dignity? IL
March 31, 2014
organisations protested vehemently against it. Christians, Muslims and Jews issued a joint declaration against it and the Catholic bishops went on fast. THE UNITED STATES: In the US, each state has a separate legislation. The Oregon legislature enacted the Oregon Death with Dignity Act in 1997. Under it, a person who seeks physician-assisted suicide would have to be an Oregon resident, at least 18 years old and have decision-making capacity. Washington was the second state which allowed the practice of physician-assisted death in 2008 by passing the Washington Death with Dignity Act. Montana was the third state to legalize physicianassisted deaths, but this was done by the state judiciary and not the legislature. The state of Texas enacted the Texas Futile Care Law in 1999, which entitles hospitals and doctors, in some situations, to withdraw life support measures, when such treatment is considered futile and inappropriate, thus legalising passive euthanasia.
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CONTROVERSY/ plagiarism
Will Kejriwal
eat his words?
Is the crusader against corruption and dishonesty a copycat? a primary school teacher accuses the aap leader of stealing portions from his book
H
FAKING IT? Ajaypal Nagar says Kejriwals book Swaraj has similar portions from his book Bharatiya Raj Vyawastha
E is the icon for honesty. For integrity. For fighting for ones rights. And yet, in a shocking case, there are allegations that Aam Aadmi Party (AAP) chief Arvind Kejriwal has plagiarized, thereby forgetting the very principles he stands for. The person at the center of the controversy is Ajaypal Nagar, a government school teacher residing in Bambawar village in Dadri tehsil of Gautam Budh Nagar, Uttar Pradesh. He has opened a school in his village, attended by 400 students. But for the last two years, Nagars mission has been to get justice against the AAP leader. He alleges that Kejriwals book, Swaraj, which became the manifesto of AAP, is substantially lifted from his book Bharatiya Raj Vyawastha. He says: I would say 70 percent of Swaraj is copied from my book. They have lifted my ideas and twisted my language suitably to evade the copyright charge. Nagar says he completed the book in 2009 and published it in February 2012. Within five months, Kejriwal published Swaraj.
Anil Shakya
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THORNY QUESTIONS Kejriwals book (2) explicitly mentions the copyright clause, but Nagars book (1) does not have one
Interestingly, while Kejriwals book mentions the exact month of publication, Nagars book, published by Neha Publishers and Distributors, neither mentions the month nor includes a copyright clause. Neha published 300 copies of the book, priced at ` 795. The only proof that Nagars book was published first is a letter from the Sahitya Akademi dated March 1, 2013, which states that the institution got a copy of his book on March 22, 2012. Nagar filed an RTI to confirm this after he realized that he was not in a position to prove that his book was published first. He also claims that not applying for copyright does not deprive an author of it. He quotes Madhavi Goradia Divans work, Facts of Media Law: The registration of a work is neither compulsory nor a condition precedent to sue for damages for infringement of copyright. The copyright exists whether registration exists or not. Still, its strange that the publisher did not take due precaution in this matter, even if Nagar was a first-time author. IDEALISTIC FERVOR So how did Nagar begin writing the book? Way back in 2003, Nagars encounters with the government machinery began, when he, along with his brother, took on a college in his village for corruption. The repercussions were
swift as detractors tried to frame him and filed false suits against him. Fearing arrest, he ran from pillar-to-post to prove his innocence. And thats how he came to understand the functioning in labyrinthine government corridors and the idea of the book took root. He completed it in 2009, writing about various aspects of government and governance. Being a fan of Kejriwal, Nagar claims he sent a copy of his book to him on March 26, 2012 (four days after Sahitya Akademi received a copy). I likened Kejriwal to Netaji Subhash Chandra Bose. I felt he was doing great work, he says. But Kejriwal didnt acknowledge the book. If that wasnt bad enough, Nagar was in for a shock in November when his friends informed him that Kejriwals new book, Swaraj, had great similarities with his book. When Nagar procured a copy of it, he was astounded to find similarities in ideas and language. He wrote to Kejriwal on his
AAP says Swaraj is not its idea. Thus, there is no question of copyright. It is possible Ajaypal used similar words.
March 31, 2014
63
CONTROVERSY/ plagiarism
Common thoughts, altered language?

>>pg 14 >>pg 156
>>pg 21
>>pg 158
>>pg 56
>>pg 139
>>pg 130-131
>>pg 145
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SKIRTING THE ISSUE Despite the Swaraj case being in court, there has been hardly any response from Kejriwal. Neither has anybody represented him in the court
Sharma, SC Behar, Santosh Koli, Annapurna Mishra, Santosh Kumar and Hari Shankar Kashyap), had colluded to hatch a conspiracy with the intention to harm him. Further, they had deliberately reframed the language of the book in order to present an altered version as their own work. Incidentally, these are the people that Kejriwal has thanked in the book. The case did not go unreported. Leading Hindi newspapers, including Dainik Jagran, Navbharat Times, Hindustan and Amar Ujala carried the news of this growing row in December 2012. Facebook account, but got no reply. Irked by this surprising turn of events, Nagar on December 15, 2012, filed a complaint with the nearest police station (Badalpur). The police did receive his complaint, but did not file an FIR. He approached the SSP and DIG too, but to no avail. He then went to the district court and filed a case under CrPC Section 156 (3) which says that if a police station is not registering an FIR, a case can be filed with the district magistrate. Finally, on March 23, 2013, the court registered his complaint (copies of both the police complaint and the case filed in the court are available with India Legal). However, a legal notice has not been sent to Kejriwal. In his case, Nagar claimed that Kejriwal and his associates (Sonu, Kapil Bajaj, BD QUIET KEJRIWAL While there has been no representative from Kejriwals side in any of the court hearings, what adds to Nagars sense of hurt is that Kejriwal did not respond to his letter when he became the chief minister of Delhi. Nagar says Swaraj is a case of plagiarism on two counts. One, its his ideas that inspired Kejriwals book and have been delineated in detail in his own book. These were: the need to end VIP culture, the need to consult public (referendum) and the worry that the public is not consulted in transfer postings. Two, Nagar claims that his broad flow of thoughts finds resonance in Kejriwals book and that paragraphs were picked up from his book and molded. Even the issues taken up in Kejriwals book Panchayati Raj, health, education, naxalism, Dalits, khap panchayats follow a more or less similar order as Nagars book. (See box on the opposite page.) Nagars allegations have been met with a stony silence from Team Kejriwal. Repeated attempts by India Legal to contact him or his colleagues, failed. The only response, published in Navbharat Times, was a comment by party spokesperson Manish Sisodia: We have never said Swaraj is our idea. In such a scenario, there is no question of copyright. Swaraj was the way of governance in India. We wrote about it in our words. Its possible Ajaypal has also written about it in his words. If Swaraj is not AAPs idea, why did Kejriwal copyright it in his book? Will the AAP leader clear the air on the accusations made by Nagar? IL
March 31, 2014
I would say 70 percent of Swaraj is copied from my book. They have lifted my ideas and broken up my language suitably to evade the copyright charge.
Ajaypal Nagar, UP government school teacher
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ACTS & BILLS/ judicial appointments
MANDALIZING THE
T
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the long-awaited judicial appointments commission bill paves the way for back-door entry of a quota system. how will it cope with reservations within its own ranks?
COURTS?
Grievances, Law and Justice led by Rajya Sabha MP from Goa Shantaram Naik, which had advocated reservation. Incidentally, the selection of a judge in India is done by a collegium, an in-house mechanism started in 1993, wherein select judges can overrule a government nominee. In order to press for passage of this bill in parliament, this committee had urged reservations in the lower judiciary too. Observing that even the long-awaited All India Judicial Service (AIJS) for the appointment of judicial officers across the country was constituted by parliament, it was of the view that the AIJS should be created immediately to attract the best talent to the subordinate judiciary from where 33 percent of judicial officers are elevated to high courts. Saying that reservations, according to the existing policy of the union government, may be made applicable in AIJS also, the committee ignored the naysayers who said that quota would damage the quality of the
HE stage is set for a confrontation between the political executive and the judiciary on the contentious issue of reservation in the selection of Supreme Court and high court judges. Though the Congress-dominated UPA government is on its last legs, the longawaited Judicial Appointments Commission Bill, introduced by UPA-II in the winter session of parliament, may face constitutional hurdles if it is enacted by a new government after the elections. In the past, judges have insisted that appointments should only be on merit. Past precedents, including Supreme Courts written observations, have maintained that only the best minds should be selected. While the judiciary is not averse to SC/ST names, it does not want a quota regime. IMPORTANT COLLEGIUM This bill paves the way for backdoor entry of quotas in the higher judiciary. It gained strength from a report by the Parliamentary Standing Committee on Personnel, Public
dispensation system which believes in meritocracy and takes decisions irrespective of caste, creed, faith or social status. UNFAIR SYSTEM The panel said the post-1993 collegium process hadnt provided any opportunity to aspiring, eligible advocates to express their willingness to be judges of the high court or the Supreme Court. The whole process of appointing judges has been mired in controversy. While the pre-1993 appointments system was infamous for being politically oriented, wherein it wasnt important to know law but rather the law minister, the collegium mechanism promoted uncle judges, bypassing meritorious lawyers with no influence. So, what do most judges feel about this quota system? Soon after taking oath as the 40th chief justice of India, P Sathasivam had said that he was not averse to the parliamentary panels recommendation regarding reservation in the judiciary for SC/ST aspirants. In a country like ours, where different communities, different cultures are there, we have to give some latitude to them (SC/ST/OBCs) and fill up those pores, he had said. There is no need for any new law for making such appointments. It can be accomplished solely on merit. But their names must be considered. UNHAPPY JUDGE The pitfalls that could befall a quota system in judiciary were in evidence on March 5, 2014. A 20-page judgment by Justices BS Chauhan, J Chelameswar and MY Eqbal of the Supreme Court referred to an unsavory
There is no need for any new law for making such appointments. It can be accomplished solely on merit. But the names of SCs/STs/OBCs must be considered
P SATHASIVAM, Chief Justice of India
incident which took place in the Madras High Court last year. As a bench of the high court was hearing lawsuits contesting the collegiums recommendation of 12 names for the high court, Justice CS Karnan, a sitting judge, shouted, The selection is unfair. I am also a part of the judiciary. I want to file an affidavit in my own name. Karnan, apparently, was unhappy that names of SC/ST/OBC candidates drawn from the subordinate judiciary were ignored. On hearing Karnans outburst, the high court bench directed that the recommendations should not be considered. The apex court finally ruled that appointments cannot be exclusively made from any isolated group nor should it be pre-dominated by representing a narrow group. The guiding factor should be to pick up the best legally trained minds coupled with a qualitative personality. It added that the collective consultative process envisaged in the collegium system was an inbuilt mechanism against any arbitrariness. For many years, the judiciary has been adjudicating on reservations in jobs and education from its immune position. Now perhaps for the first time its face to face with reservations within its ranks. Will it stand its ground? IL
Anil Shakya
March 31, 2014
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ART & ENTERTAINMENT/ sonu nigam vs t series
Abhi mujh mein kahin, baaqi thodi si hai zindagi (I still have some life left in me).
Lyrics of a song rendered by Sonu Nigam in Agneepath
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ANGUISH
VOICES OF
Singer Sonu Nigams decision to retire highlights the gap between the copyright laws and music firms draconian contracts. Are artistes being shortchanged? By Meha Mathur
hen playback singer Sonu Nigam suddenly tweeted that he wanted to call it a day, it sent shockwaves in the music industry. But he was calling attention to what he thought were unfair practices of music labels that forced singers to sign contracts that went against their interests and had little respect for their talent. Ostensibly, T Series wanted him to sign a contract for the track of Heartless, Shekhar Sumans directorial debut. Dubbing the contract feudal, Sonu Nigam wrote on twitter that he was better off performing yoga than signing blindly on the dotted line. Its feudal, humiliating and illegal, and it can only end up in tedious and deliberate court cases for nuisance value. Who wants to get into it? My parents didnt give birth 2 me, 2 be subservient to a music company just because I can sing, he wrote in another tweet. Still another one said: Shekharji is a good man and understands our compulsions. Ive asked him to get my voice dubbed by anyone who agrees to sign this Im sure, the music will speak for itself. However, Bhushan Kumar, chairman and managing director, T Series, denies that he has done anything wrong. In a telephonic interview to India Legal, he says: We have presented him no contract. The contract is between him and the producers (Heartless). We are just going by the law. His take is that I am forcing things, but I am not. India Legal tried to contact Sonu Nigam for his reactions,
March 31, 2014
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ART & ENTERTAINMENT/ sonu nigam vs t series
Its not just Sonu Nigam who is unhappy with contracts. Singers like Shreya Ghoshal (left), Shaan, Sunidhi Chauhan (center), composer Shankar Mahadevan (right) and lyricist Javed Akhtar are also upset.
but despite repeated attempts, he did not respond to queries. What provoked Sonu Nigam to voice his protest against a music label that had promoted him in his early career? Why are singers like Shaan, Shreya Ghoshal and Sunidhi Chauhan; music composers Shankar Mahadevan, Ehsan Noorani and Loy Mendonsa; and lyricist Javed Akhtar angry with the music companies? OLD SCRIPT The issue these artistes raised has hurt generations of music composers, lyricists and singers: While they get one-time payment for their creative inputs, its the film producers and more often the music companies which continue to enjoy the future royalty for the songs. This includes royalty on the music being played outside cinema halls, on radio and television, in hotels and restaurants, in airlines and for other commercial uses. The problem is not with the law. A 2012 amendment to the Copyright Act 1957 states that both the composer and singer are entitled to royalties for commercial use of songs. GR Raghavendra, Registrar of Copyrights, says there are effectively three categories of
rights now: The rights of the owners (music companies) for use in film (for theatrical use); performing rights for music composers and lyricists (for non-theatrical use); and the performers rights for the singers and the actors. It is the implementation, however, which has become a thorny issue. Music companies use their clout to force the singers and composers to sign contracts that bar the latter from earning future royalties. Instead, they are given a one-time payment under these agreements. This hurts the financial interests of singers and composers. In an emotional speech in the Rajya Sabha in May 2012 before the amendment was passed, Akhtar described music contracts as bonded labour. He told parliamentarians that a composer like Khemchand Prakash, who composed the timeless song, Aega aane wala... left behind a wife in penury who was forced to beg at the Malad railway station in Mumbai. In comparison, Paul McCartney of the Beatles group, which broke up in 1969, wrote just 27 songs, but earned a royalty of $16 million, he added. LEGAL NOTES It was to address these concerns that the amendment to the Copyright Act 1957 was passed by parliament in 2012. The 1957 act borrowed from the Copyright Act 1956 of the UK and concerned itself with protecting the copyrights of owners. The rights of the creative community remained largely unattended. The 2012 amendment protects the rights of musical works in films, entitles the composers (authors) to receive royalties for the commercial exploitation of their work outside theatres. As for the performers, they can earn royalty in case of performances for commercial use under the new Section 38A. In case of film actors, an amendment to the definition of a performer in Section 2 (qq) has been made. Among film actors, only those performers credited in cinematograph films would be entitled to the performers right. NOT YET IN CHORUS Cut to 2014. In a press conference addressed jointly by Akhtar, Sonu Nigam, Mahadevan and others this January, accusations of how feudal contracts ruled the roost came to
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Global symphony
International conventions have progressively protected the rights of performers
Berne Convention: The International Convention for the Protection of Literary and Artistic Works was adopted in 1886 and modified several times. Its crux is that a signatory country will protect the copyrights of authors of other signatory countries. Rome Convention 1928: Protection was extended to new modes of expression not only books, pamphlets and other writings, but lectures, addresses, sermons, musical compositions, drawings, paintings, sculpture, architecture and other works. Cinematographic works and photographic works were added in the Brussels revision (1948). The convention gave performers in audiovisual works right to the extent that no work could be telecast without their consent. But there was a contradiction: in contrast to performers in sound-only recordings (like record players), the audiovisual performers had no rights over its use once they consented to the initial recording of their performances. WIPO Performances and Phonograms Treaty, Geneva, 1996: This treaty recognized copyrights of the two categories of entities involved in music production: (i) performers (actors, singers, musicians, etc.) and (ii) producers of phonograms (the persons or legal entities responsible for the fixation of the sounds). The treaty granted performers the right of reproduction, right of distribution and right of rental, though not in the case of audiovisual category. So, a performer would get his share whenever a cassette was sold, but a video would not get him similar royalty. The treaty also granted performers moral rights. They could object to any distortion that would be prejudical to their reputation. To producers of phonograms the treaty granted the right of reproduction, the right of distribution, the right of rental, and the right of making available. Beijing Treaty on Audiovisual Performances, 2012: The above anomaly was removed in the WIPO treaty signed in Beijing.
light. Even one-and-a-half years after the amendment came into effect, the music companies were not ready to relent, they claimed. The contracts still had the earlier provisions related to one-time payment. Mahadevan said: We are not lawyers and dont understand the legal language. Akhtar and Sonu Nigam lamented: If we go to court they will tell us that what we have signed in the first place is an illegal contract. On the other hand, music labels claim that they invest heavily and take huge risks in making an album popular, and are therefore entitled to enjoy the profits. Are the composers and singers willing to share the losses if an album doesnt do well, they argue. Kumar explains: The singers are just singing a song. Its the composers and lyricists who put in efforts to make it what it is. Then the producer spends crores to picturise the song. The actor performs to bring the song to life. The producer and the music company stake a lot of money on publicity for the film and the song. All these go to make the song a hit. Toh singers ko royalty ka koi matlab nahi hai (therefore, it makes no sense to give royalty to singers). He adds: In the West, singers like Britney Spears do everything, including shooting the song. Here in India, singers are just lending their sweet voice. Otherwise, what is their
creative input? Khud gana bana ke becho na? (why dont you make your own song and sell it?) I would say Honey Singh is a real performer he composes the songs and writes the lyrics too. The creative community feels that its on the strength of their creativity that a song sells, not on the strength of the risk that a producer or music company has taken. Mahadevan said at the conference that a song sells on its merit, not because of the risk that a music company has taken. By Kumars logic, writers too should not be paid royalty by publishers, who ostensibly take all the risks. Its time music companies recognized the truth. But, Raghavendra says the music companies are not able to accept the new law. This is clear from what Kumar says: There are many singers, and they take it as an opportunity if they get good songs. Its not that a song will become a hit only if Sonu Nigam sings it. Music companies may feel they can get any singer to sing any song. But can one in the wildest dreams imagine any singer, whatever his caliber, substituting Sonu Nigam in songs like Sandese aate hain... (Border), Sau dard hain... (Jaan-E-Mann) and Suraj hua maddham... (Kabhi Khushi Kabhie Gham)? Its not just his voice he has lent. He has poured his soul into the songs. IL
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GLOBAL TRENDS/ world outlook 2014 / south asia
AFGHANISTAN
PAKISTAN
NEPAL
BHUTAN
BANGLADESH INDIA
SRI LANKA
OPPORTUNITY, DYNAMISM, CONFLICT

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the regions economies will capitalize on the gradual shift of investments away from china and the competition among developed countries to grab market share. however, they will face immediate challenges because of chinas slowdown, europes weakness and expectations of tighter american monetary policy
MYANMAR
HILE BJP may position itself as the party to lift India out of economic troubles, the forthcoming elections in India may witness the rise of regional parties. In 2014, India will seek to curb the inflow of Bangladeshi immigrants, especially if the BJP comes to power. Sri Lanka will be caught in competition between New Delhi and Beijing, as the latter two try to bring the former into their sphere of influence. The rise of Taliban after US forces withdraw from Afghanistan may enhance insurgency in Jammu and Kashmir, which will benefit Pakistan. However, Nawaz Sharif 's regime may itself be on the backfoot because of Talibans rise. Stratfor offers a prognosis of how politics will shape up in South Asia this year.
INDIAN ELECTIONS
Domestically the looming national elections in April/May 2014 will consume Indias attention. The incumbent Congress/United Progressive Alliance government will be in a lame-duck position for the first half of the year, as the domestic economy struggles with an overall slowdown. Some sectors may see better-thanexpected growth, but overall the opposition
As New Delhi continues moving toward a more stable working accord with Beijing, it will also try to leverage its traditional relationships with the US, Australia and Japan
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STREET POLITICS Aam Aadmi Party workers clash with police during their protest at the BJP office in Delhi on March 5, following their leader Arvind Kejriwals detention in Gujarat
Anil Shakya
Bharatiya Janata Party (BJP) will position itself as the force capable of lifting the Indian economy out of the doldrums facing many emerging economies. As the Congress and the BJP square off in their decades-long rivalry, the national elections are likely to illustrate the rising clout and popularity of local parties on the national level, reflecting growing frustration with the traditional duopoly of Indias national politics. The large numbers of people mobilized as part of the political process will create avenues for conflict: local communities pushing back against state and national authority, competing ethnic and sectarian interests, and the ever-present jihadist and militant threat, as those groups seek to take advantage of a distracted central authority and large gatherings of people to stage attacks. Indias domestic political battle will take place at a time of near-unprecedented upheaval in the Indian periphery. New Delhi will attempt to pursue its strategic interests in the broader Indo-Pacific basin, including Nepal, Sri Lanka and Myanmar as well as other south-east Asian nations, while trying to limit the risks of instability in Pakistan and Bangladesh, and Afghanistan preparing for the 2014 NATO withdrawal. As New Delhi continues moving toward a more stable working accord with Beijing, it will also try to leverage its traditional relationships with the United States, Australia
and Japan into increasing foreign investment and infrastructure development. Any major foreign policy shifts are unlikely ahead of the national vote, but Indias inherent risks and interests in its periphery will remain largely unchanged no matter who wins the election.
THE BANGLADESH TURMOIL
Violence, public unrest and protests will take their toll on overall security and stability. The countrys critical textiles and clothing manufacturing sector will suffer from continued, disruptive strikes for higher wages. The government will grant concessions to labor, but strikers awareness of the governments weak position will spur further demands. New Delhi will seek to limit the outflow of Bangladeshi immigrants seeking refuge within its borders, especially during its own elections-related upheaval, but it will encounter limitations in trying to shape the outcome of Bangladeshs political process to suit its own strategic imperatives.
SRI LANKAS AMBITIONS FOR 2014
Colombo will focus on consolidating its position in the Tamil-dominated northern and eastern parts of the country following the provincial council votes in September 2013. President Mahinda Rajapaksas administration will try to revitalize provincial economies through outside investment and infra-
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Getty Images
www.defense.com
TROUBLED FRONTIERS (Left) US Army soldiers prepare to conduct security checks near the Pakistan border at Dand Patan in Afghanistan's Paktya province in 2012; (above) Pakistani security officials inspect the site of a bomb explosion on the outskirts of Peshawar on January 23, 2014
structure development. Colombo will also seek greater foreign capital inflows into the countrys infrastructure, energy and mineral extraction sectors. Agriculture and manufacturing, specifically textiles production, will continue to be a focus of growth, especially as Colombo attempts to take advantage of lower cost labor among the underdeveloped Tamil regions. Sri Lanka will be caught in a competition between New Delhi and Beijing, as both try to bring the island nation into their spheres of influence. While Colombo wants to avoid being simply a satellite of India, it cannot avoid developing a more stable working relationship with New Delhi. The Rajapaksa administration will also work on consolidating its political relationships on the island, including courting Tamil votes through promises of investment and development, ahead of the 2015 presidential election.
AFGHAN TRANSITION
ingfully affect Washingtons fitful negotiations with the Taliban, but the drawdown will also effectively remove Afghanistan as a strategic priority for the US. Afghanistan will undergo a critical transition after a presidential election slated for April produces a successor to Karzai, the countrys only president since the fall of the Taliban government.
PAKISTANS PREOCCUPATIONS
Afghanistan faces two primary challenges in 2014: the drawdown of NATO forces and the decision on the status of forces agreement with the United States. Stratfor believes that Kabul will eventually agree to a continued US military presence, despite elaborate outward waffling on behalf of President Hamid Karzais outgoing government aimed at limiting negative blowback from announcing the decision publicly. This military presence will be too small to mean-
The growing uncertainty in Afghanistan will have a direct impact on its eastern neighbor, which already faces a strategic dilemma on how to manage its own jihadist insurgency. Pakistani Taliban rebels under a new leader based in eastern Afghanistan will try to take advantage of the vacuum created by departing western forces and the Afghan Taliban insurgency to launch a new offensive east of the Durand Line. Islamabad thus will have its hands full dealing with the new Afghan leadership as well as the insurgencies next door and at home. Prime Minister Nawaz Sharif s government in Pakistan will focus on enhancing civilian control over the military after appointing the first military chief since the Musharraf era. Pakistans efforts to improve its economy will not see much success beyond reduction in the duration of power outages. IL Republished with permission of Sratfor
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CONSUMER WATCH
News capsules from the consumer world to keep you well-informed

SHOCK TREATMENT
IT was a bolt from the blue for Rajendra Kathale, a farmer in Maharashtras Yavatmal district, when he received his electricity bill for a six-month period in 2012. The Maharashtra State Electricity Distribution Company Ltd had slapped a bill of `175,600 on Kathale for the December 2011-May 2012 period. Apparently, Kathale had used 23,579 units of energy way above what he as a domestic consumer was supposed to consume. Bewildered, Kathale took up the matter with the District Consumer Grievance Redressal Forum, which examined his previous bills and found he had an average usage of 80 to 90 units over similar time spans earlier. The forum, in its February 22, 2014 order, concluded that the energy company had erred in computing, declared the bill invalid and ordered the power utility to pay Kathale `2,000 towards causing mental and physical stress, and `1,000 towards court expenses. The company was ordered to immediately restore power supply, which was cut off to Kathales home on non-payment of the said bill, for the last one year.
STARS STRUCK
SHAH Rukh Khan might no longer be able to nonchalantly boast of a fairness cream, and Akshay Kumar might find himself in trouble for his stunts in a cold drink ad. The Central Consumer Protection Council (CCPC), under the ministry of consumer affairs, with members from both the central and state governments, as well as academicians, has decided to set up a sub-committee to address claims made by advertisers. Under this initiative, celebrity endorsers also become liable for claims made in advertisements. The government move could give the consumer the legal option to sue not only the product company and advertiser but also the celebrity endorsing the brand for a false claim. According to Amer Jaleel, national creative director, Lowe Lintas and Partners, at present it is the responsibility of the marketing company and the brand about what claims they make. The celebrity is not responsible. The move will be a good check on their tall claims and will force them to rethink the consequences of their endorsement spree.
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Left hanging
THE Pune District Consumer Redressal Forum is turning out to be a classic case of justicedelayed-is-justice-denied. As against 100 percent redressal of consumer cases in 2003, the number of unresolved cases in the forum has soared from 57 percent in 2012 to 75 percent in the current year. The vacancies at the forum are cited as one of the reasons for the pendency of cases. According to Suryakant Pathak, managing director of Grahak Peth, for a long time, the president of the forum was not appointed; of the two benches of the district consumer forum, only one was fully functional. Often, proceedings are delayed and members dont turn up even though every forum must have at least two members present. Another reason for rising pendency is the new trend of people fighting their cases without an advocate. They are unaware of court procedures and are often made to revise their complaint or told to bring additional documents and reports, which leads to delay in hearing and increases pendency. To top it all, litigants resort to dilatory tactics.
HOUSE RULES
UNDER the Consumer Protection Act, the period prescribed for initiating legal proceedings for enforcement of rights is two years from the date of cause of action. If action is not taken within the stipulated timeframe, the litigant loses the right to get his or her grievance redressed. This can be especially distressing for new home buyers, with housing developers being notorious for delays. But a 2013 ruling by the Maharashtra State Consumer Disputes Redressal Commission, upheld by the national commission in its February 18, 2014 judgment, sets the record straight. Jayantibhai Ranka and Arunaben Kapadia had jointly booked a bungalow in an upcoming project launched by Ravi Developers. They received an allotment letter dated January 20, 1995 and made an advance payment of `31,000. However, the sale agreement was not executed. Over the next few years as the project dragged on, Jayantibhai and Arunaben got vague answers whenever they sought updates on the projects progress. But they made more payments. In 2002, the builder refunded `1 lakh to Kapadia. In response, Jayantibhai issued a legal notice to Ravi Developers, seeking an explanation for the refund. The builder replied that the deal had been cancelled for default in making balance payment and the allotment terminated by a letter dated March 23, 1996. The two had not received any communication to this effect. Subsequently, the flat purchasers filed another complaint in 2013 before the state commission, stating they had not received the cancellation letter, and sought a directive to the builder to hand over possession of the bungalow that had been booked or any suitable bungalow or flat in the same area. The builder opposed this application on the ground that while the allotment had been cancelled on March 23, 1996, the complaint was filed in 2013; this was time-barred. The state commission observed that as the builder had accepted various instalments from time to time, this did not qualify to be a time-barred case. The builder challenged this order in a revision petition in the national commission, which observed that no sale agreement was executed, nor was any explanation offered why further instalments had been accepted after the date of the purported cancellation. The panel concluded that the builder had acted in a mala fide manner.
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CONSUMER WATCH
LEGAL AGENT
CONSUMERS can soon engage a non-advocate or an NGO to fight their case in consumer forums, the consumer affairs ministry has said in a recent notification. However, such agents cant charge arbitrary fees; their charges will be decided by the relevant forums based on the paying capacity of clients, skill of the agent and complexity of the case. The notification issued on February 13, 2014, says a party may authorise an agent or non-advocate or representative or social organisations to represent him or her before the consumer forum in an individual case, appeal or revision. Such non-advocates or agents would have to declare they have pre-existing relation with the complainant such as being a relative, neighbour, friend or business associate and that they are not receiving any direct or indirect remuneration for appearing before the consumer forum. While evaluating the fees, the forum head will also consider the amount of time the agent has spent on the case and the type of service being rendered. "If the party is seeking monetary damages, its agent or non-advocate or representative shall not seek fee more than 20 percent of the damage awarded, the notification says.
HOAX PLEAS
THE National Consumer Disputes Redressal Commission has slapped a penalty of `5 lakh on the Delhi Development Authority (DDA) for filing a false and frivolous complaint. The case pertains to DDA allotting a consumer a flat in 1997 that had already been allotted to someone else in 1995. When the Delhi State Consumer Commission directed DDA to provide that consumer a similar flat in the same or nearby locality or pay `30 lakh as compensation, the DDA filed an appeal before the redressal commission. The development authoritys contention was that the complaint was a false and frivolous one, liable to be dismissed with costs to the DDA. DDAs second argument was that the consumers allotment stood automatically cancelled for non-payment of the demanded amount. Taking objection to such arguments and dismissing the appeal, the court said that it was not the complaint that was false and frivolous, but the defence put up by the DDA.
RTI spared
CAN a complaint regarding the Right to Information (RTI) Act be entertained under the Consumer Protection Act (CPA)? The answer is no. Dismissing a complaint filed by Altaf Pirani, a Mumbai-based lawyer-activist, against public information officers of the Charity Commissioner Office and a Mira Road school, a district forum in Mumbai has said: In view of the recent judgments of the National Commission, remedy is available to the complainant under the Right to Information Act and the complaint before this forum is not maintainable. The Additional Suburban District Consumer Disputes Redressal Forum relied on several National Consumer Disputes Redressal Forum judgments while pronouncing the order on February 11, 2014. Pirani filed the complaint in the forum in 2012 to direct the information officer and St Lawrence Education Society to provide information under the RTI Act. Pirani also urged the court to direct the chief information commissioner to take action against the school and the officer under the RTI Act. He argued that the remedy under the Consumer Protection Act was an additional remedy and so the complaint was maintainable.
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IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to some frequently-asked legal queries regarding matters that affect us on day-to-day basis
A lady, misguided by an insurance agent, changes her health policy, switching over to a new company. A year-and-a-half after changing the policy, she has to undergo a gall bladder surgery because of stones. She opts for an upmarket hospital thinking that her claim will be cleared. The family makes the payment, the lady gets operated, but after days of argument with the hospital and the insurance company, it turns out that she was not entitled to insurance as her policy was new. Can she go to court to claim insurance? Unfortunately not. Insurance policies stipulate that before a certain period (usually two years), one cannot claim insurance unless one has a lifethreatening disease. The policy lists the ailments for which one can claim insurance before that. In ailments like stone, insurance companies argue that a stone develops over a period of time, and is not an overnight development. Therefore, when she opted for a health policy, chances are that the stone would already have started developing. One, this means it has been there for some time and is not life threatening. Two, she might have withheld this information from the company. The consumers have to take great care when insurance agents persuade them to change policy, often hiding the pitfalls of doing so. One should probe deeper into what an agent offers, and also read carefully the insurance papers that need to be signed.
An entrepreneur sets up a jewellery designing business in the basement of her residence, and outsources a part of the work. The artisans work elsewhere, but the owner meets clients in the basement. Can she work out of home? One can operate an enterprise out of residential area if its not environmentally polluting there should be no noise, harmful fumes or waste emanating from production work. In this example, there are no such problems. Since she operates single-handedly, and not as a full-fledged office set up, the neighbors can only complain about the clients. In the past, the various courts have ordered offices in residential areas to be closed because these were
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IS THAT LEGAL?
huge offices with proper infrastructure and interiors, employed dozens of employees, and hung a board with the organizations name. In case of an individual, such possibilities are less. This is the reason why boutiques, parlors, baby-sitting and other similar businesses can regularly be found in residential areas. But the entrepreneur has to register her enterprise, and state the address for taxation purposes. How does one file an FIR? The FIR (First Information Report) is a complaint lodged by any victim or witness to a crime. It is a document prepared by the police when it first receives the information about any offence. A police officer can also file a FIR without any complaint, if he comes to know about the crime. Based on the information provided by the victim or witness, the police write it down, read or show the report to the complainant, and get it signed. If the complainant is illiterate, a thumb impression is
required. The complainant has the right to get a copy of the FIR. The complainant has to provide his/her name and address, as well as the date, time and location of the crime. The FIR comprises the sequence of events, and descriptions of the persons involved in the crime. The FIR is made in triplicate (three copies). One copy is filed by the police in its register, the second goes to the magistrate and the third is handed over to the person who filed it. If the police refuse to register a FIR, one can complain to a higher-ranked officer such as the Superintendent of Police, Deputy Inspector General or the Inspector General of Police. If these do not work, one can approach the nearest judicial magistrate, or the concerned State Human Rights Commission or the National Human Rights Commission. A boy wants to marry his second cousin. The parents agree but what does the law say about it? Section 5 of the Hindu Marriage Act (1955) has laid down conditions for marriages. One of them is
that the boy and girl should not be sapindas (related to each other), unless customs permitted a marriage between the two. Sapinda relationships extend as far as the third generation on the mothers side, and the fifth one on the fathers side, and the line is traced upwards from the concerned person. Legally speaking, second cousins are sapindas on both counts. Therefore, they cannot marry each other. In case of Muslims, it is the Muslim Personal Law, which guides and validates marriages. What is a review petition, and under what circumstances is it filed? A review petition is filed in the apex court if someone is aggrieved by a ruling. Since the petition is usually filed before the same bench, the chances of the original order being modified or overturned are slim. Following the Supreme Courts recent ruling, which banned gay sex in the country, a number of review petitions were filed by those who sympathized with the community. But, all of them were turned down by the Court.
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RNI No. UPENG/2007/25763

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Letter from the Editor

March 31, 2014

MARCH 31, 2014 VOLUME. VII

ERUPTION IN THE COMMUNE

Revenge of the muddle class

OWNED BY E. N. COMMUNICATIONS PVT. LTD.

Where are you Mlord? We are still waiting

March 31, 2014

Bang, bang, banned!

Ransom on high seas

SHANTANU GUHA RAY suggests legal routes to make sailing safer

Ruthless, religious, righteous

ART & ENTERTAINMENT

Seeking dignity in death

Will Kejriwal eat his words?

Opportunity, dynamism, conflict

Where did the loot go?

Mandalizing the courts?

Job well done!

Amazing design, quality content

Photographs not so graphic

Breaking through the clutter

Rich and colorful

March 31, 2014

Softer side missing

Magazine for all

High point of journalism

March 31, 2014

March 31, 2014

Theres no mercy for defying orders

The HIV stigma

Law flexes iron muscle on corrupt politicians

A case for government servants in polls

Digging out facts

March 31, 2014

No freedom for Rajiv convicts

Fast track rape trial

A constitutional right A matter of faith

March 31, 2014

They too are citizens

March 31, 2014

SPECIAL REPORT/ addiction to welfare

March 31, 2014

SPECIAL REPORT/ addiction to welfare

Low growth and high inflation hits the middle class

SPECIAL REPORT/ addiction to welfare

How urban India spends

12.5% 5.0% 6.8%

March 31, 2014

Estimates of urban Indias income, expenditure and savings

1,027 205.4 13,390 10,044 3,346 25.0

1,090 230.1 25,330 18,900 6,870 27.1

94.2 89.3 52.9 53.1 48.7

Source: NCAER study

INSIDE THE COURTS / litigant frustration

MLORD? WERE STILL

WHERE ARE YOU

March 31, 2014

MY TRYST WITH A COURT

March 31, 2014

INSIDE THE COURTS / litigant frustration

A MAGNA CARTA FOR LITIGANT POWER

n It would be a radical but welcome reform

March 31, 2014