Monday, July 30, 2007

US non-proliferation policy with India

Let facts speak for themselves

By Brahma Chellaney


US non-proliferation policy, with its export controls and sanctions approach, was fashioned largely in response to India’s 1974 nuclear test. More than 33 years later, that policy has come full circle, with the United States reaching agreement with India to resume civil nuclear cooperation. Yet, US and Indian official statements on the still-undisclosed text of the so-called 123 agreement have brought out in sharp relief the onerous conditions New Delhi has been made to accept.

The deal’s raison d’être is spot on: a new strategic partnership. Yet, on issues from reprocessing to assured fuel supply, the US has sought to accommodate India’s concerns more through symbolism than policy modification. America, for instance, has kept a veto on Indian reprocessing until such time it can negotiate follow-up "arrangements and procedures" — that too after India has completed a new "state-of-the-art" facility. On other key issues, including a unilateral test ban on India, the US "right to return" and centrality of the Hyde Act, there hasn’t been a change even in nuance. Even before the fine print has been released, the writing on the wall has become clear.

* First is the primacy of the Hyde Act, which defines India-specific terms and conditions over 41 pages.

According to undersecretary Nicholas Burns, "we kept reminding the Indian side, and they were good enough to negotiate on this basis that anything we did had to fall within, and respect, the legal guidelines that Congress had set forth." For his part, national security adviser M.K. Narayanan has conceded: "The PM had always taken the view that if you have a legal problem, we will not try to ask you to break the law, but we should find the language that would meet the obligations of both sides." Semantic lollypops indeed are what India has been left holding.

If anything, the 123 agreement expressly reinforces the Hyde Act by citing the applicability of national laws to govern cooperation.

Contrast that with what Parliament was told last December after the Hyde Act’s enactment: the government has "taken note of certain extraneous and prescriptive provisions in the legislation," and that "there are areas which continue to be a cause for concern, and we will need to discuss them with the US administration before the bilateral cooperation agreement can be finalised."

* Second is a permanent test ban on India, with the cooperation arrangements stacked against Indian testing through overt punitive elements.

According to Burns, the proposed cooperation is premised on the US "hope and trust that it won’t be necessary for India to test in the future." India is being dragged through the backdoor into the CTBT, which the US has failed to ratify.

Not only does the Hyde Act go beyond other US laws to remove executive flexibility and require automatic termination of waiver in case of an Indian test, but also New Delhi has itself acquiesced to cooperation on the basis of the test prohibition in the Act’s Section 106. India thus will have no case in international law if the US terminated all cooperation in response to an Indian test. Yet, the Prime Minister is quoted as telling the CWC that, "India retains the right to test, while the US retains the right to react."

* Third is the US right to seek the return of all nuclear items and materials if India were to breach any of the prescribed conditions, including the test prohibition and a bar on any entity or individual "under India’s jurisdiction" making an export in violation of NSG or MTCR guidelines.

As Burns has put it, "That right-of-return has been, of course, preserved as it must be under our law, and there has been no change in how we understand the rights of the American President and the American government." By acquiescing to the US "right to return," India is accepting that the supplier is at liberty to lawfully terminate cooperation retroactively.

* Fourth is New Delhi’s grudging acceptance that despite America’s July 18, 2005 promise of "full civil nuclear cooperation and trade," India will face a continued embargo on importing equipment and components related to enrichment, reprocessing and heavy-water production, even when such activities are under IAEA inspections and for peaceful purposes.

Burns has cited "major restrictions in American law" to justify such continued sanctions. The Indian fact-sheet released last weekend says the "purpose" of the 123 agreement is to enable "full" cooperation, without admitting that the US reluctance to adjust its laws in that respect defeats the cited purpose.

Not only does the Hyde Act debar transfer to India of any "sensitive" civil nuclear equipment or technology, but also its Section 105(a)(5) directs Washington to "work with members of the NSG, individually and collectively, to further restrict the transfers" of reprocessing, enrichment and heavy-water technologies to India. Yet the Act demands that the target country, India, actively work with the US to prevent the spread of enrichment and reprocessing technologies to third countries.

* Fifth is that the American assurance of uninterrupted fuel supply for safeguarded reactors covers only disruption due to market failure or technical or logistical difficulties, but not sanctions arising from India’s non-compliance with the US-prescribed non-proliferation conditions.

So, despite fuel assurances having been written into the 123-agreement text, Burns has made it clear that "none of that contradicts or conflicts with the legal right of any American President" to terminate supply or invoke the right to demand the return of stockpiled fuel if India, in "the worst-case hypothetical event in the future," breached the stipulated non-proliferation conditions.

It would actually defeat the very objective of the Hyde Act — to hold India on a non-proliferation leash — if New Delhi were guaranteed permanent fuel supply in all circumstances. The Act indeed decrees that India be prevented from building any fuel stockpile of a size that would permit its "riding out any sanctions that might be imposed" by the US in the future. The only fuel stocks it permits India to build are merely to "minimise down time when reactor cores are removed."

Given that the Hyde Act serves as the legal framework for cooperation, the US fuel assurances in the 123 agreement are subordinate to the legislative conditions. These assurances, including a notional right for India to take corrective measures, are really intended to help New Delhi save face at home.

With the latest 123 agreement, America now has 24 such bilateral agreements, none of which guarantees what the Prime Minister had sought — lifetime fuel supply. The one accord that did — the 1963 agreement with New Delhi, which guaranteed fuel "as needed" by India — the US broke with impunity, despite the absence of an overarching law like the Hyde Act. Now, India will accept perpetual IAEA inspections on its entire civil nuclear programme without an unequivocal guarantee of perpetual fuel supply.

* Sixth is that India has agreed, according to Burns, that "all future breeder reactors will come under safeguards."

That will leave out only the tiny experimental breeder and the under-construction prototype breeder (which together, according to US national security adviser Stephen Hadley, have "very limited capability"). And although both sides admit the Indian strategic programme would not be directly affected, the deal’s embedded qualitative and quantitative checks would "limit the size and sophistication of India’s nuclear-weapons programme," in the earlier words of Joseph R. Biden, chairman of the Senate Foreign Relations Committee.

* Seventh is that despite the hoopla about a supposed major American concession, the US will keep a prior-consent veto on Indian reprocessing until New Delhi in the years ahead has negotiated with it "arrangements and procedures" that pass muster with Congress.

To help the Indian government save face domestically, Washington has indeed conceded a theoretical right to New Delhi to reprocess, but preserved its veto until such time that India, on its own cost, has built, in Burns’ words, a "new state-of-the-art" reprocessing facility under IAEA safeguards, and only "then the subsequent arrangements and procedures will be agreed to by the US and India."

So the practical right to reprocess would not form part of the agreement under Section 123 of the US Atomic Energy Act, but is to be worked out in the future under Section 131, titled "Subsequent Arrangements." Securing the practical right would thus entail a second round of congressional scrutiny and approval.

The accompanying table on reprocessing shows how history is repeating itself. By agreeing to reprocessing-related terms that are tougher than those in the earlier 123 agreement signed in 1963, India risks sliding deeper into the same trap from which it wishes to extricate itself.

Just as it built a special facility at Tarapur to reprocess spent fuel under the safeguards-related terms of the 1963 accord, it has pledged to construct a new reprocessing facility under the latest agreement. But even though the PREFRE facility at Tarapur passed muster with the IAEA, and India reprocessed spent fuel from RAPS I & II there under IAEA inspections, the US refused until the very end of that 123 agreement to jointly determine with New Delhi the facility’s safeguards-related adequacy.

The US did not have any prior-consent veto in the 1963 agreement, yet it breached its terms by continuously refusing to either exercise its first option to buy Tarapur spent fuel in excess of India’s needs or to carry out a safeguards-related "joint determination" of the PREFRE facility. What gives New Delhi confidence that when the US shunned a simple "joint determination" of an IAEA-certified reprocessing facility, it would be willing to work out, to India’s satisfaction, complex "arrangements and procedures" under Section 131 in the years ahead?

India’s last reprocessing facility at Kalpakkam took five years to complete. The new "start-of-the-art" facility could take longer, given that the US would have a say in its design. Only thereafter, as Burns has repeatedly clarified, would the US negotiate with India reprocessing-related "arrangements and procedures" needing congressional approval.

Contrast that statement with the claim in the Indian fact-sheet that to give "effect" to the Indian right to reprocess, "India will establish a national reprocessing facility to reprocess IAEA safeguarded nuclear material, and the parties will agree on arrangements and procedures within one year." No sooner had this claim been made than the NSA conceded in a newspaper interview that "I don’t think the whole thing will be decided in one year." He raised the spectre of "spoilers" nitpicking on the facility design.

Even before the reprocessing issue is operationally resolved, Burns foresees that "American companies will be able to go in (for reactor contracts), and we’re very anxious to have that happen" as soon as Congress is able to pass the 123 agreement.

* In addition, there are other conditions, spelled out in the Hyde Act.

Among them are US end-use monitoring (which the government says is unavoidable, given the bilateral end-use verification agreement governing high-tech exports), New Delhi’s "unilateral adherence" to US-led regimes unrelated to the nuclear field, and an annual presidential certification of India’s "full compliance" with the congressionally imposed conditions.

Eager to underpin the assorted congressional conditions, America negotiated the 123-agreement text by relying on a battery of lawyers, who have given India only a fig leaf to comply with the new US-set non-proliferation obligations. Burns referred to "legions of lawyers on both sides of the table." But there was no lawyer on the Indian side, as the NSA has admitted. According to the NSA, "our country is not litigious like that" and "I must say God played his role in this" agreement. Having fashioned diplomacy on hope, the government wants the country to repose its faith in God, too. Personalised policymaking, wishful thinking and a disinclination to learn from the past, sadly, remain India’s curse.

Courtesy_
Deccan Chronicle

http://www.deccan.com/Columnists/Columnists.asp#Let%20facts%20speak%20for%20themselves

Constitutional fraud in Goa

Constitutional fraud in Goa

By making a mockery of the confidence vote in the Assembly, the Congress-led regime in Goa has committed a brazen fraud on the Constitution. The straightforward way out of this crisis is for Governor S.C. Jamir to dismiss the illegitimate government of Chief Minister Digambar Kamat immediately — and invite the Leader of the Opposition, Manohar Parrikar of the Bharatiya Janata Party, to take his turn. After seeing its majority melt away, the Congress relied on Speaker Pratapsinh Rane to manipulate the floor test by preventing three members of the House from casting their vote. One of them, Victoria Fernandes, was a Congress dissident who submitted her resignation but failed to comply with the Assembly rule that required her to convince the Speaker that her resignation was ‘voluntary’ and ‘genuine.’ But no law or rulebook can justify the manner in which Mr. Rane prevented the two members of the Maharashtrawadi Gomantak Party, Sudin Dhavalikar and Dipak Dhavalikar, from voting. These legislators, who had extended support to the Congress-led alliance after last month’s Assembly election, were well within their rights in withdrawing support to the government. A section of the MGP top rung was in favour of continuance of support, but the two MLAs who comprise the MGP legislature party are not legally bound by any decision of the organisational leadership. The Speaker compounded the flagrant illegality of his actions by casting his vote in favour of the government — even though there was no tie.

The BJP clearly has the numbers in its favour. So what the Speaker did was to cynically rob Mr. Parrikar of the opportunity to prove the numerical superiority of the opposition in the House. It was no surprise that Mr. Parrikar led a walkout of the members of the newly formed Goa Democratic Alliance ahead of the confidence vote, which was then deemed to have been passed by a voice vote. The Governor, who asked for an early floor test and sent in his observer to oversee it, is himself on test. He needs to demonstrate that he has no role whatsoever in the anti-constitutional game played by the Speaker and the Congress party. He must act decisively to undo the constitutional mischief by dismissing the Kamat regime, invite Mr. Parrikar to form his government, and ask him to prove his majority in the House as early as possible. It is the democratic responsibility of the Congress high command to ensure that the Speaker does not persevere in a course that is guaranteed to bring more infamy and chaos to the governance of the State — and invite judicial intervention once again in what used to be zealously considered a purely legislative domain.

© Copyright 2000 - 2006 The Hindu

Courtesy_
THE HINDU

http://www.thehindu.com/2007/07/31/stories/2007073160831200.htm

Courtesy_
THE NEW INDIAN EXPRESS ePaper

Sunday, July 29, 2007

Justice Sathasivam elevates to Supreme Court

Justice Sathasivam cleared for elevation to Supreme Court

Legal Correspondent

No consensus on filling three other vacancies in the apex court



Justice P. Sathasivam

NEW DELHI: The Supreme Court collegium has cleared the elevation of Justice P. Sathasivam of the Punjab and Haryana High Court as a Supreme Court judge. The total strength of judges in the Supreme Court is 26. The collegium of five seniormost judges including Chief Justice K. G. Balakrishnan, which met for recommending names to fill four vacancies, could decide only on Justice Sathasivam, according to authoritative sources.

Though the names of Justice A. P. Shah, Chief Justice of the Madras High Court, Justice M. Karpagavinayagam, Chief Justice of the Jharkhand High Court, and Justice T. Meena Kumari, Judge of the Andhra Pradesh High Court, were considered, there was no consensus.

At present, there is no woman judge in the Supreme Court.

Sources say the recommendation in favour of Justice Sathasivam has been sent to Prime Minister Manmohan Singh and from him the file will go to President Pratibha Patil. The appointment is expected within a fortnight.

The 58-year-old Mr. Justice Sathasivam, No. 2 judge in the Punjab and Haryana High Court, will on elevation have a tenure of about seven years in the Supreme Court. He is likely to be the Chief Justice of India for over a year from 2013 onward.

Mr. Justice Sathasivam, who was initially appointed a permanent judge of the Madras High Court in January 1996, was shifted to the Punjab and Haryana High Court in April this year. In the Supreme Court, he will represent Tamil Nadu after Justice A. R. Lakshmanan, who retired in March this year and who has since been appointed Chairman of the Law Commission.

Normally the Chief Justice of a High Court is considered for elevation to the Supreme Court.

However, in exceptional cases even the seniormost judges there are considered for appointment as Supreme Court judges.

The collegium has time and again made it clear that seniority is not the only criterion and other factors also go into its recommendations.

© Copyright 2000 - 2006 The Hindu

Courtesy_
THE HINDU

http://www.thehindu.com/2007/07/29/stories/2007072958380100.htm

Saturday, July 28, 2007

CJI unveiled Puducherry New Court Complex


Be more concerned about litigant public: Chief Justice

Staff Reporter

Inaugurates new court complex in Puducherry

— Photo: T. Singaravelou

new opening: Justice P.D. Dinakaran of the Madras High Court welcoming Chief Justice of the Supreme Court K.G. Balakrishnan into the new court building in Puducherry on Sunday. Chief Justice of the Madras High Court A.P. Shah and Chief Minister N. Rangasamy are in the picture.

PUDUCHERRY: Chief Justice of the Supreme Court Justice K.G. Balakrishnan has appealed to lawyers to be more concerned about the litigant public.

Speaking after inaugurating a new court building and laying the foundation stone for additional court blocks in Puducherry on Sunday, Mr. Justice Balakrishnan said that personal difficulties such as these involved in shifting from one place to another should not stand in the way of creating better facilities for the public.

In his presidential address, Chief Justice of the Madras High Court, Justice A.P. Shah said there were 12 courts in Puducherry, three in Karaikal and one each in Mahe and Yanam. Chief Minister N. Rangasamy said that within a year’s time the criminal court building would be completed. He urged the judiciary to take steps for speedy disposal of cases.

© Copyright 2000 - 2006 The Hindu

Courtesy_
THE HINDU

http://www.thehindu.com/2007/07/30/stories/2007073059360900.htm


CJI to unveil new court complex

Staff Reporter

PUDUCHERRY: Chief Justice of Supreme Court K.G. Balakrishnan will declare open the new court complex, constructed at a cost of Rs.25 crore, on Cuddalore Road at 11 a.m. on Sunday in the presence of Justice Markandey Katju and Justice V.S. Sirpurkar, judges of the Supreme Court.

Puducherry Chief Judge D. Krishnaraja told presspersons here on Friday that the CJ would lay the foundation stone for constructing additional blocks, which include blocks for criminal court, Legal Services Authority, Bar Association, and a utility block. Lt. Governor Mukut Mithi will be the chief guest.

Chief Minister N. Rangasamy and Law Minister E Valsaraj will grace the occasion. Chief Justice of the Madras High Court, A.P. Shah and judges of the Madras High Court, Justice P. K. Misra, Justice P.D. Dinakaran and Justice R. Balasubramanian will participate.

Mr. Krishnaraja said that initially the civil courts, the family court and three criminal courts of the Chief Judicial Magistrate, Judicial Magistrate -I and Judicial Magistrate-II will be shifted there. The criminal courts will be shifted to the second block, which will be ready within a year.

The building will have rooms for judicial officers, bar association, women advocates, senior advocates, clerks of advocates and a pressroom. The family court will have facilities such as a crèche, rest room and also a counselling room. A rest room would be provided to prisoners, who are brought to the courts.

© Copyright 2000 - 2006 The Hindu

Courtesy_
THE HINDU

http://www.thehindu.com/2007/07/28/stories/2007072851790300.htm

Courtesy_
Dinamalar ePaper

Thursday, July 19, 2007

EC Press Note on Right to vote or not to vote

ELECTION COMMISSION OF INDIA

Nirvachan Sadan, Ashoka Road, New Delhi – 110001.

No.ECI/PN/32/2007 Dated: 17th July, 2007.

PRESS NOTE

Subject: Presidential Election, 2007 – Right to vote or not to vote – Clarification - regarding.

Certain doubts have arisen in the minds of some of the electors at the current Presidential Election, 2007 and also in the minds of some political parties supporting one or the other candidate at the election, in the wake of a decision stated to have been taken by a group of political parties that the members of Parliament and State Legislative Assemblies belonging to their parties will abstain from voting at the said election. The doubts that have been raised are to the effect whether a member of a political party voting in defiance of the political party’s decision would attract the disqualification on the ground of defection under the Tenth Schedule to the Constitution of India or the political party taking such decision would be liable to any penalty for asking their members to vote in a particular manner or not to vote at all.

The Commission would like to clarify in this context that the voting at election to the Office of President of India is not compulsory, like the voting at elections to the House of the People and State Legislatures where also there is no compulsion to vote. The ‘electoral right’ of a voter is defined in Section 171A (b) of the Indian Penal Code to ‘mean the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at election’. Thus, every elector at the Presidential election has the freedom of making a choice to vote for any of the candidates or not to vote at the election, as per his free will and choice. This will equally apply to the political parties and they are free to canvas or seek votes of electors for any candidate or requesting or appealing to them to refrain from voting. However, the political parties cannot issue any direction or whip to their members to vote in a particular manner or not to vote at the election leaving them with no choice, as that would tantamount to the offence of undue influence within the meaning of Section 171C of the IPC.

The Commission may also like to further clarify that voting at election to the office of President is different from voting by a member of Parliament or State Legislature inside the House and that, as held by the Hon’ble Supreme Court, the provisions of the Tenth Schedule to the Constitution of India may not apply to the voting at the Presidential election.

A question arose before the Hon’ble Supreme Court in Kuldip Nayar v Union of India (AIR 2006 SC 3127) whether the provisions of Tenth Schedule to the Constitution would be attracted in the case of the election to the Rajya Sabha if a member of a State Legislative Assembly votes for a candidate in defiance the party’s directions, where the votes are now given by the system of open voting. The Hon’ble Supreme Court held that an elector would not attract the penal provisions of the Tenth Schedule for having so voted at the Rajya Sabha election.

Attention may be invited to the following observations of the Hon’ble Supreme Court in that case:-

( 183 ) It is the contention of the petitioners that the fact that election to fill the seats in the Council of States by the legislative assembly of the State involves 'voting', the principles of Tenth Schedule are attracted. They argue that the application of the Tenth Schedule itself shows that open ballot system tends to frustrate the entire election process, as also its sanctity, besides the provisions of the Constitution and the RP Act. They submit that the open ballot system, coupled with the looming threat of disqualification under the Tenth Schedule reduces the election to a political party issuing a whip and the candidate being elected by a show of strength……..

…… in view of the law laid down in Kihoto Hollohan v. Zachillhu (supra), it is not correct to contend that the open ballot system tends to expose the members of the Legislative Assembly to disqualification under the Tenth Schedule since that part of the Constitution is meant for different purposes.

Earlier also, the Hon’ble Supreme Court has observed in Pashupati Nath Sukul v Nem Chandra Jain (AIR 1984 SC 399) that elections to the Rajya Sabha by members of the State Legislative Assemblies are a non-legislative activity and not a proceeding within the State Legislature.

The election to the Office of the President is also held by an electoral college which consists of elected members of both House of Parliament and elected members of the State Legislative Assemblies (Article 54 of the Constitution). The electors of this Electoral College vote at the Presidential election as members of the said Electoral College and the voting at such election is outside the House concerned and not a part of the proceeding of the House.

Therefore, the above quoted observations of the Hon’ble Supreme Court in the case of Kuldip Nayar (Supra) and Pashupati Nath Sukul (Supra), will apply with equal force at the Presidential election as well. Accordingly, in the Commission’s opinion, the voting or not voting as per his/her own free will at the Presidential election will not come within the ambit of disqualification under the Tenth Schedule to the Constitution of India and the electors are at liberty to vote or not to vote at the Presidential election as per their own free will and choice.

(A.K. MAJUMDAR)

PRINCIPAL SECRETARY

Courtesy_

http://www.eci.gov.in/press/current/PN_17072007.PDF

Comments on Pratiba

Comments
Pratibha Patil should herself withdraw if she has self dignity.
Posted by: shruti on 3 Jul, 07
It is shameful to all political parties those are supporting such a candidate for the Highest Post of the country against whome such comments are coming in the various News papers and I am unable to understand how a candidate who is interested to get this post is not taking her name out of the race. It is really shamful for such a big country Like India- It is also shameful that these politicians are not supporting Dr. Kalaam who is very much liked by everyone since he is Honest and educated..So Think Politicians
Posted by: shiv on 28 Jun, 07
Those farmers who have air-conditioned bungalows and four-wheelers, default bank loans, they are subsidised with write-off facilities. If the defaulter happens to be a politician and the defaulted amount runs into crores, the defaulter is eligible to become President. Social justice with a difference!
Posted by: R.Subramanian on 27 Jun, 07
what a shame on UPA government and specially on Sonia Gandhi that they have backed "Pratiba Patil" who is involved into so many SCAMS. Entire country should oppose this decision and the government should declare a fresh name for the presidents post. Infact they should now keep mum and back our present president Mr. Abdul kalam. How can we allow somebody to be the president of our country who is involved in misusing the public money..??? cases should be framed against her and a proper inquiry should be done...the selection of president should be made public and public poll should also be considered for the same...it will be really shameful for the entire country if Pratiba Patil is made the president.she doesnt deserve that post....
Posted by: Aman on 27 Jun, 07
TV Channels, Mobile Operators and new papers carried out opinion polls, APJK got 80%plus, Pratiba got 10% still we are going to have Pratiba as President. Is it not a crude joke on the real will of the people. Lastly, Sharad Pawar ( in cricket language ) and Lalu,.the saviour of Indian railways commented about APJK. This hurt people more. There is board displaying a statement of Jawaharlal Nehru in Trichy Airport. You get what you deserve. We do not deserve APJK to be our President. APJK, Sir, You are still great to us. You have enhanced the stature of Indian President to himalyan heights, by your immaculate approach. Pratibha will take it to the bottom of Bay of Bengal.( But it may help us to find out the availability of Oil, which will be more interesting to Italian.
Posted by: M Sankar on 26 Jun, 07
If Congress really wants a woman to head this country then there are more many womens in India are eligible with background of international stature.Secondly Pratibha Patil should have been first choice from congress not third or forth after rejection of their earlier candidates Shivraj Patil,Shushilkumar Shinde,Dr.Karan sinh.Womens in india must realise the game plan played by Congress and playing with hearts of Indian Women.For them Womanhood is tool to master stroke the opponant.
Posted by: Ajay Gajaria on 26 Jun, 07
I can understand Congress selecting Mrs. Prathibha Patil as they cannot find another honest person in present italian lady congress. But the Communists who shouted full throat and beating their chests the criteria for the Presidential candidate. Now it has became clear that their candidate supports his brother who was involved in a murder of congress person and swallowed poor farmers money , who Communists claim and swear by farmers , crores of Rs , distribution of farmers money among the kin etc. etc.If really they have honor and credit it is not too late to change the candidate or abstain from voting or vote for independent supported by NDA. Otherwise communists as usual bark but not bite or follow their own words.
Posted by: CRS Gupta on 25 Jun, 07
Worse is yet to come.
Posted by: Ramachandra on 25 Jun, 07
Even we should have a open debate among the contestant, shown live (just as they do in USA). Kalam did which no other president did in past and its a pity that we cant do anything to re-elect him. Our will be unique nation! Lady president, Communist VP, Sardar PM and an Italian (now more indian) running the country! We sure live in a blessed nation!
Posted by: Jajoo on 25 Jun, 07
Tai of Frauds to be First citizen of us. What a joke. Teh chair which can boast of presidents such as Dr Abdul Kalam Saheb, Dr. Radha Krishnan and above all Dr. Rajendra Prasad is being sold for the benefit of Congress dynasty.
Posted by: indra on 25 Jun, 07
It is for this very reason she was chosen by Sonia, so that she can be black mailed and derive higher devidends. Next time, if chance comes, Sonia will not sacrifice PM post. That is why there is no place for Honest and Clean people in CONGRESS. By the way what would the Hindi belt people call her if she becomes Rashtra-Pati.
Posted by: Prabhakar Rao on 25 Jun, 07
congress is the of cunning people ,so no surprise . People should be blammed for bringing congress into power .
Posted by: mahesh on 25 Jun, 07
All these stories shows that she is not a capable candidate for the highest post of India. And the only person want to keep Mrs Patil to this post is Sonia and she want another popet like our PM to the top post. This is the biggest shame to India and All Indians.
Posted by: Lokesh on 25 Jun, 07
These are perhaps tip of the ice berg !!!
Posted by: S Dasgupta on 25 Jun, 07
What a Shame....
Posted by: Akshay Pant on 25 Jun, 07
This Prez candidate is capable of selling the Rashtrapathi Bhavan. Folks, Watch out!
Posted by: Ravi Ranganathan on 25 Jun, 07
Its called politics........ The art of making the unacceptable the Most probable....... I don’t know her background neither do i care but if this is a glimpse of her Past You can Guess whats to come ........ We have people on one side vouching for her cause she might be the first lady Prez..... one the other side people are asking for explanations . but no one is asking the right question ....... Leave Patil aside ..... What did Kalam do wrong .... If you look at his tenure he has made a ceremonial position into a very effective one... May be that’s his fault .......
Posted by: Rahul on 25 Jun, 07
I wish the president was elected by the people, not the peoples representative who play politics and a convenient person becomes the president.
Posted by: Akz on 25 Jun, 07
please dont make her our President, we all saw her glib comments regarding burkha, and now this. She proved herself incapable to be the President of India, what more proof these politician needs backing her?
Posted by: Rahul Rattan on 25 Jun, 07
It is not a surprise considering the calibre of those who support the candidate. One of the present senior cabinet ministers from a regional party which had shared power for the last ten years had challenged the constitutionality of the Debt Recovery Tribunal Act brought for speedy recovery of Bank Loans.
Posted by: G. Vijayaraghavan on 25 Jun, 07
It should be checked how much money she made from the college she runs in Jalgaon. According to information, once it was most natorious college of Maharastra in terms of capitation fees.
Posted by: Sunil Kumar on 25 Jun, 07
Cool...This should be shown to those politicians who are backing this candidate for the President of India post or may be they have choosen this canditate for this background, ironically, political background claimed by many famous readors.
Posted by: nanban on 25 Jun, 07

Courtesy_
NDTV

http://www.ndtv.com/convergence/ndtv/postcomments.aspx?id=NEWEN20070016622

See also: Legal challenges to Pratiba:
http://archivenews.blogspot.com/2007/07/legal-challenges-to-pratiba.html

How to elect President?




Courtesy_
Dinamalar ePaper

Legal challenges to Pratiba

Legal challenges to candidature

An advocate Manohar Lal Sharma has filed a Public Interest Litigation before a bench of Supreme Court of India comprising Justice Tarun Chatterjee and Justice P K Balasubramanyan challenging her nomination for the presidential election 2007. The advocate has referred to the various allegations against Patil and her family members and sought the cancellation of her nomination papers on the ground of her being an undischarged insolvent. The petitioner raised legal and constitutional questions on whether a person declared to be an 'undischarged insolvent', for not clearing a debt to the public exchequer and others, was eligible to be elected president.

The apex court however observed that it could not act on mere allegations, and rejected the petition at the admission stage itself. The court said there was no merit in the petition as there was no document to substantiate the allegations and raised doubts about the petitioners real intention adding it was more of a "private interest litigation". The court ruled:

This petition is filed under Article 32 of the Constitution. We find no ground to interfere and exercise our jurisdiction. However, this will not prevent the petitioner from approaching appropriate authorities for redressal of his grievances.

The advocate then approached the Election Commission of India seeking her disqualification. The Election Commission, through an order, replied:

The question whether a person has become insolvent and whether he/she is still an undischarged insolvent has to be decided by the competent insolvency court under the provisions of the Provincial Insolvency Act, 1920, and not by the Commission. The Commission is not the appropriate forum. No action is called for on the part of the Commission on your representation.

Following this, the advocate again approached the court and filed a Special Leave Petition (SLP) before a bench comprising Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran. He contended that the Election Commission had not applied it's mind to the matter, and sought quashing of the commission's order.

In another case a Delhi-based NGO has also filed a petition before the Delhi High Court alleging that Patil being Managing Trustee of Mumbai-based Shram Sadhana Bombay Trust, which is under the control of state government, was holding the office of profit making her ineligible to contest the President's election. The High Court has deferred the hearing until after election.

Controversies

Since Ms. Pratibha Patil's nomination as a presidential candidate, the media savvy BJP has been highlighting various issues with regard to her past activities and recent comments as part of their political campaign against her:

"Our media strategists are on the job. The BJP has launched a vigorous campaign against Patil, but the fact is that this is not a direct election in which people participate. Whether this media campaign will be able to win support from parties that do not want to associate themselves in any way with us is yet unclear," a senior BJP leader said.

The campaign successfully generated a lot of media attention on Ms. Pratibha Patil as a controversial and unworthy presidential candidate.

Defending itself on charges of "mud slinging" and spreading unsubstantiated rumours, the BJP emphasised that the allegations highlighted by it are not 'manufactured' or 'concoted' but derived from records available in the public domain - past and present media reports, statements of employees union, bank statements, RBI notices, payment notices from lenders, police and court enquiries etc.

The allegations have led to further petitions being filed in the courts for disqualifying her from contesting, which were either dismissed or are sill pending hearing (See the "Legal Challenges" section). While the BJP has been trying to build a strong public opinion against her, they clarified that they were not challenging her nomination on legal grounds:

The issue is actually moral, not so much legal.

Reacting to allegations UNPA leader Dr. Jayalalithaa asked the UPA to withdraw Ms.Pratibha patil and is quoted to have said:

"It is distressing to see that the highest constitutional office in the country had been subjected to mudslinging ... The nation has been embarrassed in the eyes of the world, because UPA chairperson Sonia Gandhi wants a President who will be pliable".

Her supporters, the UPA, say that these "facts" highlighted are a clever mixture of truth, half-truths and exaggerations. They have also pointed out that these issues have never been raised in the past while she was a deputy chairperson of the Rajya Sabha, or during her tenure as a governor. They accused the BJP of launching a "malicious, unsubstantiated and deliberate" slanderous campaign just to damage her reputation. Prime Minister Manmohan Singh defended Ms. Pratibha patil and dismissed the charges as "mud-slinging". On Monday 2 July 2007 breaking her long silence Pritibha Patil described the allegations leveled against her as "false, malicious and baseless".

Prominent allegations against her that have been controversial are:

Allegations of Shielding her Brother on a Murder Charge

On June 22, 2007, a press conference was organised at the residence of Sukhbir Singh Dhindsa, a leader of the Akali Dal which is member of the BJP led NDA coalitio.

The Hindu reported:

At the press conference, Rajni Patil alleged that Ms. Pratibha Patil's brother was in some way involved in the murder of her (Ms. Rajni Patil's) husband several years ago. The suggestion was that Ms. Pratibha Patil had used her political influence to protect her brother. Copies of her memorandum to the President on this issue were distributed to the press by Mr. Sudheendra Kulkarni, an aide of Leader of the Opposition L.K. Advani.

She further said that she had written to Sonia Gandhi and President Dr. A P J Abdul Kalam giving details about the allegation. BJP spokesman Ravi Shankar Prasad later told reporters:

These are all stark, important and disturbing facts much in existence even before she was considered as a candidate for the highest constitutional office of the country ... Therefore, consistent with the norms of dignity, transparency and constitutional propriety relating to such a high office, the BJP would like Pratibha Patil herself to satisfactorily reply to some of the most disturbing questions that have emerged from Rajni Patil's revelations

The same day, Mr. Sharad Pawar and Mr. Dasmunsi of the UPA refuted the allegations. Nagaland Post reported:

"It is a matter that the CBI (Central Bureau of Investigation) is probing. Anyway, her brother's name was not in the FIR (first information report) nor in the charge sheet," said Pawar, former Maharashtra chief minister. Both ministers blamed the opposition National Democratic Alliance (NDA), of which the Akali Dal is a constituent, for the slur campaign against the presidential candidate. "I met Dhindsa in the morning and he said he did not have any idea about the press conference. Punjab Chief Minister Parkash Singh Badal was shocked to see how his colleague's house was being used for dirty politics," Pawar remarked. Referring to reports that Sudheendra Kulkarni, a former Prime Minister's Office (PMO) official, had brought the woman to the national capital, Pawar said: "It looks like NDA was behind it." Dasmunsi added: "The malign campaign by an ex-PMO official close to the former prime minister (Atal Bihari Vajpayee) is most unfortunate. It reflects their frustration and desperation and is a sign of their losing the election."

Sushma Swaraj, NDA spokesperson and BJP leader Sushma Swaraj clarified:

No one in the NDA knows who this Rajni Patil is who is reported to have made some allegation against Ms. Pratibha Patil.

On July 13, 2007 Rajani Patil moved the Bombay High Court demanding that the CBI "interrogate" Ms. Pratibha Patil and her brother in connection with her husband's murder case before the presidential poll. Rajni Patil's petition requested that the CBI, which was directed by the Aurangabad bench of the Bombay High Court to probe the case in February, must question Pratibha before July 19 (the date of voting for the presidential election) because she might get "presidential immunity" if she wins the poll.

Pratibha Women Cooperative Bank

Pratibha Mahila Sahakari Bank, a cooperative bank set up by Pratibha Patil in 1973 in her name, to empower women, had its license revoked in 2003 by the Reserve Bank of India for alleged financial irregularities. Among the reasons listed by the RBI for cancellation of the license was the faulty loan policy of the bank and loan interest waivers given, among others, to Pratibha Patil’s relatives. Pratibha Patil was one of the chairperson of the Bank and along with a number of her relatives, was one of its Directors. She is currently one of the 34 respondents in an ongoing case in the Aurangabad bench of the Bombay High Court on the subject of mismanagement of the bank and misappropriation of funds by its Managing Directors.

In her defence, her supporters point out that she was not the founding president of the bank and that she held the job of the chairperson for only a month and eight days. They also point out that the RBI has never mentioned Patil's name in the report, and the court has not charge-sheeted her. Communist leader A.B. Bardhan cast doubts on the credibility of the the official employees union of the bank, which has been highlighting the issue of the banks mismanagement since 2002, drawing attention to the fact that it is associated with the BMS. union led by the BJP

Sant Muktabai Cooperative Sugar Factory

A cooperative sugar factory - Sant Muktabai Sahakari Sakhar Karkhana - of which Pratibha is a founder member, was declared a defaulter for failing to repay a Rs. 17.5 crore bank loan. Ms. Patil had been its chairperson and director till she became the Governor of Rajasthan. The loan was taken in 1994 when Pratibha was its chairperson but the factory has failed to repay the full amount. The bank sealed the factory on January 23, 2007 after issuing many reminders. This was the second occasion when the mill had been sealed. Earlier, it was sealed in January 2006, but was reopened after the board of directors headed by G. N. Patil - younger brother of Pratibha Patil requested for an opportunity to improve the performance of the mill.

In 2002 the chief commissioner of central excise and customs, Pune, issued notice to the factory for evading excise duty resulting from diversion of export-oriented sugar by the factory into domestic market.

Dubbing as "malign campaign" the allegations, Union Agriculture Minister Sharad Pawar defended her and noted that there was never any enquiry under Maharashtra Cooperative Societies Act against her. He also pointed out that as many as 74 mills were issued notices in December 2006 and it was "unfortunate that only one particular case has been brought up in the media". Pawar said most of the mills had failed to repay the loans because of persistent drought affecting sugarcane production, leading these mills to go sick.

Polytechnic scam

According to the Economic Times the Shrama Sadhna Trust, a charitable trust in Mumbai of which Ms Patil is the managing trustee, is alleged to have siphoned funds totaling Rs 4.16 crore between 2001 and 2003 from an engineering polytechnic run by it in Jalgaon.

MPLADS scam

As Member of Parliament from Amravati between 1991 and 1996 Pratibha Patil had diverted Rs 36 lakh from her MPLADS fund to a trust run by her husband Devisingh Shekhawat. This was in violation of Government rules which barred MPs from providing funds to organisation run by their relatives.

Views on sterilisation

On 10 December 1975 when she was the Health Minister of Maharashtra Pratibha Patil advocated in Maharashtra Assembly that people with hereditary diseases should be compulsorily sterilised.

Purdah remarks

On June 17, 2007, Pratibha Patil made controversial remarks on the Purdah system, while addressing a congregation of Rajputs in Udaipur:

Women have always been respected in the Indian culture. The purdah system was introduced to protect them from the Muslim invaders. However, times have changed. India is now independent and hence, the systems should also change. Now that women are progressing in every field, we should morally support and encourage them by leaving such practices behind.

She was criticized by Islamic theologians connected with the Muslim Personal Law Board, for saying that the purdah system was introduced to protect women from Muslim cultural practices. Maulana Rashid said:

The statement is a clear reflection of Pratibha's mindset about Islam and Muslims. It is better the UPA should change its presidential candidate and opt for a more secular person for this post.

Divine indication

Patil claims to have spoken to the spirit of the deceased leader (Baba Lekhraj) of the Brahma Kumaris World Spiritual University at their headquarters in Mount Abu, Rajasthan.

"Dadiji ke shareer mein Baba aye ... Maine unse baat ki (Baba entered Devi’s body and he communicated to me through her)," she said on TV camera. Reporters began to report on the message she received of a “divine indication“ of great responsibility coming her way.

Patil claims to have received the mediumistic message during the last season in which the spirits they call "Bapdada" communicated with the faithful of the Brahma Kumaris sect. She had gone to seek the blessings of Hirday Mohini, also known as Dadi Gulzar or Dadiji.

http://en.wikipedia.org/wiki/Pratibha_Patil

See also: Comments on Pratiba:

http://archivenews.blogspot.com/2007/07/comments-on-pratiba.html

Tension prevails SAARC Region is not good for India

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Wednesday July 18 2007 00:00 IST

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Dailies contribution towards Nation: Dr.A.B.J.Abdul Kalam

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Sôh¥u Y[of£«p Sôú[ÓLs!

Thursday July 19 2007 00:00 IST


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LPkR _þu UôRm 15-m úR§ ULôWôx¥Wj§u VYjUôp UôYhPjÕdÏf ùNuú\u. ÀhPô LôhPu Gu\ UWTÔ Uôt\m ùNnVlThP ×§VYûL TÚj§ûVf NôÏT¥ ùNnÕ SxPm HtThPRôp AkR UôYhP ®YNô«Ls U]m ùSôkR ¨ûX«p CÚkR]o. Y\h£ LôWQUôL ULãp Ïû\kRÕ; ApXÕ Nô®Vô¡l úTô«ÚkRÕ. Ri½o Tt\ôdÏû\ CpXôUp ùRôPokÕ ¡ûPjÕYkRôpRôu ÀhPô LôhPu ®ûRL[ôp SpX ULãp ¡ûPdÏm Gu\ EiûU AYoLÞdÏ AàTYm Yô«XôLjRôu ¡ûPjRÕ. CÕúY Øuáh¥ ùR¬k§ÚkRôp AYoL°u SxPjûRj R®oj§ÚdL Ø¥Ùm. RWUô] ®ûR, NôÏT¥ Øû\«p ®YNô«LÞdÏ Øû\Vô] T«t£, E¬V úSWj§p Ye¡d LPu, ®û[ùTôÚû[ EPú] NkûRlTÓjR SpX YN§, UûZ CpXôUp úTô]ôp TôN] ¿ÚdÏ Uôtß HtTôÓ B¡VYtßdÏ HtTôÓ ùNn§ÚkRôp ©Wfû] CkR A[ÜdÏ Øt±«ÚdLôÕ.

AÓjRÕ TôN]j Ri½o Tt±VÕ. YôndLôpLû[ ùYhÓYÕ, UûPûV UôtßYÕ B¡V úYûXLû[ Vôo úYiÓUô]ôÛm ùNnVXôm; Bú\ CpXôR CPeL°p Ri½ûW GlT¥d ùLôiÓYÚYÕ? UûZdLôXj§p GkùRkR Y¯L°p GpXôm ¿ûWf úNªdLXôm GuTûR ®YNô«LÞdÏf ùNôp#jRkÕ EPu CÚkÕ AUp ùNnRôp Y\h£ LôXj§p AÕ ûLùLôÓjÕ ERÜm. CûY UhÓm ApXôÕ UôYhPj§p Es[ _ܰ BûXLÞm NôÏT¥Vô[oLÞdÏf NôRLUôLf ùNVpThÓ AYoLÞûPV ®û[ùTôÚsLû[d ùLôsØRp ùNnV úYiÓm. CûPjRWLoLs CpXôUp úSW¥VôL ®tÏm YN§ ùNnVlTP úYiÓm. LkÕYh¥dLôWoL°Pm ®YNô«Ls £dLôUp CÚdL, GpXô ¡WôUeLÞdÏm Ye¡L°u úNûY ¡ûPdL úYiÓm.

®YNô«Ls úY[ôi EtTj§j §\û]l ùTÚd¡d ùLôs[Üm, ®û[ùTôÚsLÞdÏ SpX ®ûXûVl ùT\Üm I.¥.£. #ªùPh ¨ßY]m ùT¬Õm ER®VôL CÚkÕ YÚ¡\Õ.

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úTô¬Ûm, EsSôhÓd LXYWeL°Ûm C\lTYoLû[®P NôûX ®TjÕL°Ûm ©\ ùSÚdL¥L°Ûm C\lTYo Gi¦dûL Sôh¥p ªL A§LUôL CÚd¡\Õ. JÚ Sôû[dÏ ClT¥ C\lTYoLs ApXÕ LôVmTÓ¡\YoL°u Gi¦dûL TjÕ XhNjûR GhÓm Guß JÚ LQdùLÓl× ùR¬®d¡\Õ. CkR 10 XhNm úTûWd LôlTôt\ JÚe¡ûQkR, ER®j §hPm AY£Vm. Bk§W Uô¨Xj§p AlT¥ùVôÚ §hPm At×RUôLf ùNVpTÓjRlTÓ¡\Õ. ùSÚdL¥LôX úUXôiûU-BnÜ Gu\ AûUl× ûaRWôTôûRj RûXûU«PUôLd ùLôiÓ ùNVpTÓ¡\Õ.

NôûX ®TjÕ, ©WNY LôXj§p RôndÏm, úNndÏm HtTÓm BTjÕLs, ¡¬ª]p SPY¥dûLL[ôp E«oLÞdÏ HtTÓm BTjÕ, ÅÓL°p, ùRô¯tNôûXL°p, AÛYXLeL°p HtTÓm ¾ ®TjÕ, ªuNôW ®TjÕ, WNôV] ®TjÕ, ¨X SÓdLm, B¯l úTWûX, ªÚLeL[ôp ®TjÕ Guß GÕYôL CÚkRôÛm RLYp ¡ûPjR 30 ¨ª`eLÞdÏs AkRl TϧdÏ ØRÛR® Bm×XuvLÞPu ùNuß NmTkRlThPYoLû[d LôlTôt±, EVo £¡fûNdÏj RôURm Cu±, AûUl©u RLYp ùRôPo×-YôL] YN§Lû[l TVuTÓj§ ùLôiÓúTônf úNolTÕRôu CkR Øû\. CRtÏ ØRpT¥úV, ùSÚdL¥ LôXj§p 108 Gu\ GiûQj ùRôPo×ùLôiÓ Gu] ùSÚdL¥, GkR CPm Gu\ RLYûXfÑÚdLUôL, ùR°YôLf ùNôu]ôp úTôÕm, Ut\Ytû\ AYoLs TôojÕd ùLôsYôoLs.

CkR AûUl× HtThP ©\Ï Bk§Wj§u 23 UôYhPeL°p 380 Bm×XuvLs AYNW ER®, Áh×l T¦L°p ER® YÚ¡u\]. CÕYûW«p 11,500 úT¬u E«o E¬V úSWj§p ER®Ls A°jÕ LôlTôt\lThÓs[Õ. CkR úNûY 24 U¦ úSWØm YôWm ØÝYÕm ¡ûPlTÕ CRu R²f£\l×. Cf úNûYûVl ©\ Uô¨XeLÞdÏm ë²Vu ©WúRNeLÞdÏm ®¬ÜTÓjR SPY¥dûLLs GÓdLlTÓ¡u\]. C§p AWÑm, R²Vôo ¨ßY]eLÞm Ru]ôoYj ùRôiÓ ¨ßY]eLÞm CûQkÕ ùNVpTP úYiÓm. Tj§¬ûLVô[oLs C§p Ød¡Vj ùRôPoTô[oL[ôL CÚkÕ úNûY ׬VXôm.

Tj§¬ûL GuTÕ YôNLoLÞdÏj RLYpLû[Ùm Lp®ûVÙm A°lTÕ. Tj§¬ûLLs SuÏ ùNVpThPôp úRNm YÛYûPÙm. TWTWl× ùNn§dÏ Tj§¬ûLLs Ød¡VjÕYm RWdáPôÕ. Õ¦fNXôL, EiûUVôL, EjúYLm FhÓ¡\ YûL«p ùNn§Lû[j RÚYÕRôu EiûUVô] Tj§¬ûL«VXôÏm. AÕ úRNj§u ùTôÚ[ôRôW, AW£Vp Y[of£dÏ ERÜm. Tj§¬ûLL[ôp Cû[OoL°u U]jûR Uôt\ Ø¥Ùm GuTRôp, BdLéoYUôLf ùNVpTÓYÕ ªLªL AY£Vm.

100 úLô¥ Ck§VoL°u úRûYûVd LÚj§pùLôiÓ, Tj§¬ûL«VÛdLô] WômSôj úLôVeLô ®Ú§p úUÛm 2 ©¬ÜLû[Ùm ùRôPeL úYiÓm. 1. FWL Y[of£dÏ ERÜm YûL«p ùNn§ RÚYRtÏm, 2. TgNôVjÕ Wôw AûUlûT FdÏ®dÏm YûL«p ùNVpThPRtÏm Guß 2 ®ÚÕLû[ 2007-08 ØRp YZeL úYiÓm.

(WômSôj úLôVeLô ùTV¬Xô] Tj§¬ûL«Vp ®ÚÕLû[ YZe¡ §p#«p Ï¥VWÑj RûXYo AlÕp LXôm §eLs¡ZûU Bt±V EûW«u ÑÚdLm)

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Dinamani

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Women Presidential candidate: but her background?

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Thursday July 19 2007 00:00 IST

AÓjR Ï¥VWÑj RûXYûWj úRokùRÓdL SUÕ SôPôÞUu\ Utßm NhPUu\ Eßl©]oLs Cuß áÓ¡\ôoLs. BÞm Id¡V ØtúTôdÏd áhP¦ úYhTô[o ©W§Tô Tôh¼ÛdÏ A§L BRWÜ CÚd¡\Õ GuTÕ ùRs[j ùR°Ü. A§Ûm, úRoRûXl ×\dL¦lTÕ Guß Id¡V úR£V ØtúTôdÏd áhP¦ Ø¥ùYÓjR ©\Ï BÞm áhP¦dÏjRôu Gi¦dûL TXm NôRLUôL CÚdÏm GuTûRf ùNôp#j ùR¬VúYi¥V§pûX.

ØRpØû\VôL JÚ ùTiU¦ Ck§Vd Ï¥VW£u RûXûUl ùTôßlûT Y¡dL CÚd¡\ôo GuTÕ ¨fNVm ùTÚûUlTP úYi¥V ®`VmRôu. AÕÜm Ck§V ÑRk§Wj§u ûYW®Zô Bi¥p JÚ ùTiU¦ Ï¥VWÑj RûXûUl ùTôßlûT Y¡lTÕ UdL[ôh£j RjÕYj§túL ùTÚûU.

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©W§Tô Tôh¼p ÁÕ ÑUjRlTh¥ÚlTûY NôRôWQ Ït\eLs ApX. ùLôûXdÏt\j§páP AYÚdÏl ©u]¦ CÚk§ÚlTÕ, SUdúL A§of£ RÚmúTôÕ JÚ ©WRUÚdÏm JÚ ùTôßlTô] BÞm áhP¦d Lh£j RûX®dÏm NX]jûRdáP HtTÓjR®pûXùVu\ôp, AÕ AYoL[Õ ùTôßl©uûUûVjRôu LôhÓ¡\Õ. ùR¬kúR úRNj§tÏ ClT¥ùVôÚ L[eLjûRf ÑUjR CYoLÞdÏ GlT¥ U]m YkRÕ? CÕ SmûU AYoL[Õ úRNTd§ûVúV NkúR¡dL ûYd¡\úR...

úNô²Vô Lôk§ RUÕ ûLlTôûYVôL JÚYûWd Ï¥VWÑj RûXYWôd¡ ARu êXm Rôú] ©WRUWôL BûNlTÓ¡\ôo GuTÕ úR£V _]SôVLd áhP¦«u, ϱlTôL, TôW§V _]Rô Lh£«u Ït\fNôhÓ. C§p SUdÏ EPuTôÓ CpûX. úNô²Vô Lôk§ûVl ùTôÚjRYûW, R]dÏ úSW¥VôL GkRl ùTôßl×m CpXôUp A§LôWm UhÓm ùNÛjÕYûRjRôu (Power without accountability) AYo ®Úm×Yôo GuTÕRôu SUÕ LÚjÕ.

Ck§Vd Ï¥VW£u CWiÓ Ød¡VUô] TR®L[ô] Ï¥VWÑj RûXYo Utßm ©WRUo TR®L°p R]Õ ùNôtT¥ SPdÏm CWiÓ úTûW AUojÕYÕ G] Ko AW£Vp Lh£j RûX® ¨û]lTÕ AYÚdÏ ¨VôVUôL CÚdLXôm. B]ôp, §ÚYô[o ùTôÕ_]j§u TôoûY«p CÕ ®TÃR BûN. LôWQm? CúR AÔÏØû\ûVj ùRôPokÕ, RûXûU ¿§T§, RûXûUj úRoRp BûQVo Utßm ØlTûPL°u R[T§Ls Guß Aû]jÕ Ød¡Vl ùTôßl×L°Ûm R]Õ ûLlTôûYLû[ AYo ¨VªdL ØtThPôp...?

CÕ A§LlT¥Vô] LtTû]; ®TÃRUô] ®RiPôYôRm Guß YôRôÓTYoLÞdÏ JÚ RLYp ~ N¬j§Wj§u TdLeL°p _]SôVLm RPm ×WiÓ NoYô§LôWm CPm©¥jR NkRolTeLs GpXôúU CúR úTôdûLjRôu Nk§j§Úd¡u\]. Ï¥VW£u RûXûUl ùTôßl©p JÚ ûLlTôûYûV AUoj§VRôpRôu, AYNW¨ûXf NhPj§p ØÔØÔlúT CpXôUp ÑßÑßlTôL ûLùVÝjÕl úTôhPôo JÚ Ï¥VWÑj RûXYo Gu¡\ NmTYjûR Sôm U\kÕ®Pd áPôÕ.

CjRû] Ït\fNôhÓLs AÓdLÓdLôn GÝkÕm AûRl ùTôÚhTÓjRôUp ùTôßlTt\ Øû\«p ùNVpTÓm ©WRUo; TR®ûV Gh¥l©¥dÏmúTôÕ Rh¥lúTôn®Pd áPôÕ Gu¡\ JúW ϱdúLôÞPu ùNVpTÓm ©W§Tô Tôh¼p; Lû\T¥kR ©u]¦ÙûPV JÚYûWd Ï¥VWÑj RûXYWôdLl úTô¡ú\ôúU Gu¡\ Ït\EQoÜ £±ÕªpXôR Lôe¡Wv Lh£«u RûX® úNô²Vô Lôk§; Bh£«p TeÏ GuTRôp APe¡l úTôÏm áhP¦d Lh£Ls; G§ojÕl úTNôR CPÕNô¬Ls...

"LôhÓm EiûU èpLs TXRôu Lôh¥]ôoLú[àm

SôhÓ Wô_¿§ U²Ro SuÏ ùNnV®pûX...'

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Wednesday, July 18, 2007

Future Tibet

Future Tibet

TEXT AND PHOTOGRAPHS BY N. RAM

Reality check 2007 shows that China is in firm control and `Tibetan independence' is a hopeless cause.



A view from the train on the roof of the world.

TEN years from now, a visitor to Tibet is likely to find it transformed into a region of middling prosperity. It is likely to have quite high living standards; a robust industrial base; modern agriculture and modernising animal husbandry; a well-educated, relatively young population; a high cultural level; a strong infrastructural spine and network supporting the development of a vast region; and active linkages and contacts with the rest of the world. It is more than likely that the autonomous region will enjoy political and social stability. It is certain not just that Tibet will be a still autonomous but much better integrated part of China but also that rising China will be very much in charge of Tibet's future. A significant part of `Tibet in Exile' could be back home, participating in shaping this future. A quarter century from now, possibly earlier, Tibet will reach the status of a developed society.

These predictions can be confidently made on the strength of two visits I have made to the Tibet Autonomous Region (TAR) over the past seven years.

The first visit, over five days in July 2000, gave me an opportunity to attempt some reality testing of Dharamsala's main campaign themes. In psychology and psychoanalysis, reality testing is defined as the technique of objective evaluation of an emotion or thought against real life, as a faculty present in normal individuals but defective in some psychotics. The technique is increasingly used in other contexts, for example in conflict resolution where the objective is to `adjust' conflicting perceptions that do not `conform to the realities of the situation.' In the case of China's Tibet, the reality testing was not against what the protagonists and victims of the `independence for Tibet' campaign felt or believed - in exercise of what is known as the `ego function' - but against the defining themes of the campaign.

GREG WOOD/AFP

The Chinese government views the Dalai Lama as a separatist political figure, with external links.

The opportunity for another reality check came during a weeklong visit in June 2007 to the Tibet Autonomous Region, and, for comparative reference, some Tibetan autonomous areas in the neighbouring provinces of Qinghai and Yunnan. The process and effects of change were there for everyone to see and there were hundreds of visitors, from various parts of China and abroad.

Five factors stand out about contemporary Tibet.

The first is the rapid development of its economy, which in 2006 grew by no less than 13.2 per cent compared with 10.5 per cent for China as a whole. The second is the readily observable fact that the arrival of material prosperity, steady population growth, rises in living standards, education and skills training, and in general the process of modernisation are transforming life, work, and mindsets, especially of the young who make up the bulk of the Tibetan population. The third factor is a hard-won improvement in the Tibet Autonomous Region's internal and external political climate. The fourth is the dramatic leap in connectivity with the mainland that has come with the Qinghai-Tibet railway - a 1956-km engineering marvel that now links Xining, the capital of Qinghai Province, with Lhasa. The fifth factor is a widening credibility gap - between the make-believe world of the `independence for Tibet' movement and on-the-ground Tibetan realities, which are reflected in the Dalai Lama's scaled-down political demands for an `autonomous' solution within a sovereign and one China.

Starting from age-old isolation from the mainstream, a chequered history, a low economic base, and a unique plateau environment averaging higher than 4000 metres in altitude, Tibet is on a roll. Last year its GDP climbed to a level of 29 billion yuan, approximately $ 4 billion (still a tiny part of China's $ 2.68 trillion GDP). With foodgrain production touching 920,000 tonnes, the region was able to feed all its people. According to Nima Tsiren, a Tibetan who is Vice-Chairman of the regional government, TAR's fiscal revenue grew by 14 per cent over 2006, which enabled about 8 per cent of the increase to be distributed. The per capita annual net income of its townspeople was 8900 yuan (compared with 6448 yuan in 2000); and of its farmers and herdsmen, 2435 yuan (compared with 1331 yuan in 2000).



Tibetan children at a kindergarten in Xigaze city. In Tibet today 96.5 per cent children of school-going age are in school and 46 of 73 counties have nine years of compulsory and free education.

The effects of the economic transformation are conspicuous on Lhasa roads and streets, with their fast-moving vehicular traffic and rising modern buildings and commercial complexes. They can be witnessed on Barkor Street, known locally as `the Saint Road,' and in the crowded bazaar around Jokhang Temple; in the vicinity of the Dalai Lama's long-vacant Potala Palace; in the fast-developing transportation, telecommunications, and energy infrastructure; and at another high-altitude wonder, the 6.2 square kilometre Lhalu Wetland in the capital's suburbs, which is known as Lhasa's `oxygen bar.'

However, the real test is in the countryside, where four-fifths of Tibet's 2.81 million people live. There is visible evidence of economic development in the villages we are able to visit, especially in the households of farmers who have prospered thanks to their hard work and thrift, the large number of working hands in the family, central government subsidies, and new opportunities offered by the construction boom. The positive effects are also visible in the schools, kindergartens, and medical centres dispensing Tibetan medicine. They are on view in the bustling, grain-producing and industrialising Xigaze prefecture located in TAR's mid-south.

World's highest railway

The most dramatic change since 2000 has come with the Qinghai-Tibet railway system, which marked its first anniversary on July 1, 2007. The section between Golmud, a city of the Haixi Mongol and Tibetan Autonomous prefecture in Qinghai Province, and the Tibetan capital took five years and 33 billion yuan to build. The world's highest railway, Tsiren exulted, "has ushered in a new millennium for Tibet. It is the realisation of a dream of two generations, of great importance to the Tibetan people. It has greatly reduced the cost of transportation. We have taken one more step towards the modernisation of Tibet and the deeper integration of the regional economy with the Chinese economy."



To take the Qinghai-Tibet railway to Lhasa and visit, among other places, the Potala Palace has become something of a national aspiration across China. Potala's stairways have been adjusted and visiting hours extended.

It is a big step indeed. A point made regularly in the Chinese media is that the Qinghai-Tibet railway is a refutation of Paul Theroux's 1988 prophecy: "The Kunlun Range is a guarantee that the railway will never get to Lhasa." For good measure, the aficionado added: "That is probably a good thing. I thought I liked railways until I saw Tibet, and then I realised that I like wilderness much more." Theroux's failed prophecy typifies the romantic, change-nothing view of Tibet, which prefers it to be frozen in its remoteness, its inaccessibility, its mysterious wildness, its `unchanging' culture and traditions. Taking the cue from `independence for Tibet' propaganda, the romantics see the railway as the ultimate destabiliser of Tibet's culture, religion, demography, and environment.

Enchanting Tibet

The journey from Xining takes about 26 hours. As the train climbs into Tibet, often touching 100 kilometres per hour, you are offered breathtaking snapshots of snow-clad mountains, plateaus, frozen earth, bare rock, desert, valleys, lakes, azure clouds, yaks, antelopes, and the rare human being. Nothing you have read or seen in photographs prepares you for the vastness, the remoteness, the unnatural `Shangri-la' beauty, the flat-versus-mountainous, dry-versus-riverine, snowy-versus-grey-green-blue, fertile-versus-barren singularity of this once-great-sea that has avatared into this `roof of the world.' An additional treat is that you can measure the changing altitude with a simple measuring device that can be purchased in the dining car.



A view of an old quarter of Zhongdian, now known as Shangri-la, in a Tibetan autonomous area in Yunnan Province.

Tibet has less oxygen, more sunlight, longer hours of daylight, lower temperatures, less precipitation, more changeable weather, more great mountains and rivers, a larger collection of lakes and nature reserves, and a lower density of population than most people are used to. The electronic display in the vestibule of our railway compartment is educative and the train is pressurised to assure passenger comfort and well-being. But over two visits in this decade, I have observed that, at least from the standpoint of Indian visitors (excluding of course those with major cardiac or respiratory ailments), the warnings - of breathing difficulty, nose bleeds, altitude sickness, and against any kind of physical exertion and even taking a bath upon arrival in Lhasa - are somewhat exaggerated.

In a historical essay published in The New-York Daily Tribune in 1853, Karl Marx analysed the potential of the railway to end India's "village isolation... this self-sufficient inertia... with a given scale of low conveniences... without the desires and efforts indispensable to social advance." He famously predicted that "the railway system will... become, in India, truly the forerunner of modern industry." The time and place were different, the circumstances colonial and exploitative. Further, the historicity of Marx's `unchanging' self-sufficient village community has been challenged by Marxist and other Indian historians. But the analysis of the difference the railway can make is relevant to Tibet today.

Transforming effects

During the first ten months of the operation of the Qinghai-Tibet railway, TAR saw its foreign trade rise by 75 per cent - to $322 million ($100 million of imports and $222 million of exports). The trains have brought an influx of tourists, more than 2.5 million domestic and foreign tourists last year, which represented an increase of 35 per cent over 2005. In 2007, the number is projected to rise to three million, bringing in close to half a billion dollars of tourism revenue. Interestingly, the structure of tourism in Tibet has changed.



Mao Zedong's portrait can be seen in many Tibetan establishments.

With the Qinghai-Tibet railway finally doing away with the age-old `bottleneck of communication,' taking the train to Lhasa has become something of a national aspiration across China. During this year's weeklong May Day break, 340,000 tourists were off to see Tibet. The Xinhua news agency reported interesting details of road widening around the Potala Palace - also the adjustment of its narrow and steep stairways and the extension of its visiting hours. Further, the Lhasa city tourism bureau was obliged to offer "crash courses in customer service to more than 700 former herders who now work in downtown hotels." The first half of 2007 saw a 300 per cent increase, over the corresponding period in 2006, in the number of domestic tourists visiting Tibet.

Investment is likely to follow tourism and trade. Chinese officials project that by 2010 the Qinghai-Tibet railway will transport 75 per cent of the autonomous region's inbound cargo, tremendously lower transportation costs, and double the tourist revenue. As they see it, the railway symbolises `the right of Tibetans to seek development,' catch up with the rest of rising China, and open themselves more to the outside world.

Over the next decade, the railway will be extended to three more lines in Tibet: one connecting Lhasa with Nyingchi to the east, another with Xigaze in the west, and the third linking Xigaze with Yadong on the China-India border. A luxury tourist train offering five-star comfort, like India's `Palace on Wheels,' is in the works and might be unveiled later this year.

Railway and environment

Apprehensions about the railway's adverse effects on the environment and wildlife have proved exaggerated, if not entirely baseless. An unprecedented 1.5 billion yuan package of environment protection measures, including systems to store garbage and wastewater and treat them in designated stations, and 33 special passageways for antelopes and other wildlife, has been put in place. Technologies of heat preservation, slope protection, and roadbed ventilation have reportedly come to the aid of the plateau's frozen tundra. Scientists have set up a long-term monitoring system for water, air, noise, and ecology. Further, the task of greening the 700-km Tibet section of the railway - planting 26,000 hectares of trees over the next five years - has begun.



Inside the memorial hall, built by the Chinese government, where the tenth Panchen Lama is entombed.

The real threat to Tibet's environment comes not from the railway but from global warming. A leading climate change scientist, Dong Guangrong of the Chinese Academy of Sciences, has been quoted in the Chinese media as estimating that the `roof of the world' glacier, which constitutes 47 per cent of China's total glacier coverage, is shrinking at the rate of 7 per cent a year. He has warned that the melting glacier will trigger droughts, expand desertification, and worsen sandstorms.

Aside from the railway, the development of a new kind of physical infrastructure - highways, paved roads, bridges, power lines, telecommunications, irrigation channels, modern housing, and so forth - is there for all to see. The plan is to build, by 2010, `high-class highways' to connect 100 per cent of Tibet's townships and 80 per cent of its administrative villages; and to convert 80 per cent of the roads into blacktops. Expressways, however, are considered unsuitable for a region that has only 2.3 persons per square km.

The challenge

As you speed along the highway from Lhasa to Xigaze for five hours or more, you are offered rapid frame alternations of the new and the old, the modern and the traditional, in a heady mixture of sensory experiences. A surprise is how easily you can connect to the outside world: the gprs on your mobile phone (or pda) works along much of the Lhasa-Xigaze highway. While browsing the internet for news of the outside world or answering your email, you can catch a glimpse of how the bulk of Tibetans live: in mud and stone houses; cultivating small plots and tending livestock; prayer flags fluttering; primitive farming and nomadic practices; basic living conditions; colourful long skirts, striped aprons, beads, and incongruous cowboy hats; people squatting road-side; and children in school uniform on their way home.



Nima Tsiren, The Vice-Chairman of the regional government.

Transforming the conditions of life and work of these simple folk, who make up the bulk of a rural population of 2.2 million, is the basic challenge before the central and regional governments.

The outlook on education

The Chinese socialist system highlights the "fast, coordinated, and healthy development of education" in TAR as a solid achievement of liberation and especially the post-1978 programme of reform and opening to the world. According to Tsiren, there are 350,000 students enrolled in the autonomous region's educational institutions, including a university. He adds that school enrolment covers 96.5 per cent of children of the relevant age group and the programme of nine years' compulsory and free education has been completed in 46 of the region's 73 counties.

In addition, central government preferential policies have enabled about 14,000 Tibetan students to study in scores of key high schools and higher educational institutions in 20 of China's provinces and municipalities. It has been estimated that up to January 2007, the fraternal funding of Tibetan education by these provinces and municipalities aggregated $74 million, in addition to the 2000 teachers and educational officials they sent to Tibet. There is clearly a lesson in this for India, and especially the Hindi-speaking States.



After re-branding, Shangri-la has become a big draw for Chinese and foreign tourists

The literacy rate among the Tibetan population in TAR is more difficult to estimate. Some Chinese education officials and literacy researchers have expressed concern over a stagnant if not worsening situation across the country between 2000 and 2005, because of factors like large-scale migration for work and the rising cost of rural education. Official sources estimated that the adult illiteracy rate in TAR was below 30 per cent at the end of 2003. It is not clear what it is in 2007 but it appears that it is not worse than the situation in India's Hindi-speaking region.

Monasteries and monks

The monasteries are distinctly old world but there are plenty of signs of modernisation here too. Whether you go to the 16th century Kumbum monastery in the vicinity of Xining or to 15th century Sera near Lhasa or to 17th century Songzanlin in Diqing prefecture in Yunnan, the monks wear their traditional robes and debate the sutras in the stylised and gesticulating style of Tibetan Buddhism. But they also carry mobiles, drive vehicles, collect fees for allowing photography inside the most hallowed chambers, follow satellite television, and perform for tourists.

In the north-western suburbs of Xigaze city, a hub of Tibet's modernisation, we visited the imposing Tashihungpo monastery, the seat of successive Panchen Lamas. Founded in the 15th century by Gandain Zhuba, a disciple of Master Tsongkapa and the (posthumously recognised) first Dalai Lama, it is one of the six major monasteries of the dominant Gelug sect. I duly paid 125 yuan for the privilege of using my camera, a Nikon D70, inside the magnificent memorial hall where the 10th Panchen Lama - who, unlike the 14th Dalai Lama, decided to stay in Tibet and work constructively with the Chinese government - is entombed. A vigilant teenage monk sprang up from nowhere to make the point that I could not use a second camera, a pocket-sized Leica D-Lux 3, without paying an additional 125 yuan. In a Tibetan autonomous area in Yunnan Province, we even visited a novitiate monk of middling rank from a famous monastery in his rural home, where he is allowed to spend part of the year.

Town-country gap

The development gap between town and country is certainly a matter for concern in Tibet - as in the rest of China - but a high level of central government subsidies and organised social sector assistance from China's more developed provinces and municipalities are targeted at narrowing the gap. China has adopted a strategy of westward development to overcome the historical backwardness of this vast part of the country.

A major aspect of the propaganda campaign by the Dalai Lama, the remnants of his theocratic establishment, and his supporters abroad is the supposed contrast between China's `authoritarian' political system and the `democratic' character of `Tibet in exile.' This is a bit rich coming from the spiritual and temporal head of a feudal serfdom, which Tibet indisputably was before 1951 - when the nascent People's Republic liberated and took control of a region that was greedily eyed, infiltrated, and manipulated by imperialist powers, originally Britain and Czarist Russia, and subsequently Britain and the United States.

The old order

During the theocratic rule of the Dalai Lama, lands as well as most means of production were in the hands of three categories of estate-owners - government officials, nobles, and upper-class Lamas - who made up merely 5 per cent of the population. The mass of the Tibetan population, serfs and slaves numbering a million in 1951, lived in extreme poverty, as appendages to estates owned by masters, lacking education, health care, personal freedom, and any kind of entitlement. They were obliged to perform unpaid labour services, or ulag, and pay parasitical land rent.

Agriculture was largely of the slash-and-burn kind. Modern industry was virtually non-existent. Transportation was predominantly on animal or human back. Life in general was brutish and short, with diseases rampant, the population stagnant, and life expectancy at birth hovering around 36. It has been estimated that in old Tibet monks and nuns accounted for 10 per cent of the population. At the top of this oppressive feudal and theocratic system sat the institution and person of the Dalai Lama.



Monks at the Sera Monastery in the vicinity of Lhasa debate the sutras in typical Tibetan Buddhist style.

Pre-1951 Tibet had no schools worth speaking about. Monastic education, going back a thousand years and focussing on the Buddhist scriptures and to some extent the Tibetan language, was the leading form of education. There were some schools outside the monastic system meant for the training of lay and monk officials and for imparting a modicum of basic education - reading, writing, and arithmetic besides the recitation of Buddhist scriptures. These schools had a student body of less than 1000. Not surprisingly, the illiteracy rate was higher than 90 per cent.

Twists, turns, and progress

From such an abysmal socio-economic base, it would be hard not to make substantial progress. With the 1959 Democratic Reform, which was brought forward by the armed uprising and the flight of the Dalai Lama, serfdom and landlordism were abolished and the socialist system was introduced in stages into Tibet. There have been twists and turns and `ultra-left' attempts to force the pace of change - with the `Cultural Revolution' of 1966-1977 inflicting extensive and grievous damage on life, the economy, education, religion, and cultural heritage in Tibet, as in the rest of China.

While many Tibetans regard the period 1961-1965 as a `golden age' in their material lives, it is the post-1978 programme of economic reform and opening to the world and recent developments in political policy that have transformed life and work in Tibet most profoundly. Top Chinese leaders have freely admitted that much more could have been done for the country's `western development,' and specifically for the development of TAR. Deng Xiaoping it was who inaugurated, in 1978, a new development-oriented policy approach towards the region. Hu Yaobang made an important inspection tour of Tibet in May 1980, after which Tibetan development was given higher priority; and Zhang Zemin followed up during a fact-finding visit a decade later.

Hu Jintao himself worked for more than a decade as a Communist Party of China organiser in Gansu Province, which adjoins Tibet, and subsequently served as secretary of the CPC Tibet Autonomous Regional Committee.

However, it is Mao Zedong's portrait that you will find in a large number of ordinary Tibetan homes - because he continues to be seen as the liberator of a million serfs from the old feudal regime of landowning aristocrats and monks. A growing number of Tibetan families also appear to see no contradiction in displaying pictures of the 14th Dalai Lama, typically besides smaller portraits of the 10th and 11th Panchen Lamas, inside their homes. These moderate demonstrations of reverence for the Dalai Lama as a religious leader, which I did not witness during my 2000 visit to Tibet, seem to reflect a more relaxed socio-political situation in TAR as well as in more developed Tibetan autonomous areas outside the region.

In Hilton's Shangri-la

And these Tibetan communities outside TAR are conspicuous beneficiaries of China's economic boom. Xining, a city where ultra-modern buildings and commercial complexes co-exist in harmony with the traditional and the old, bears testimony to this. In China's southwest Yunnan Province, the Diqing Tibetan Autonomous Prefecture, dominated by the magnificent Meili Snow Mountain, is going through a remarkable makeover. In 2001 Zhongdian, the major town in the area, officially renamed itself Shangri-la, after the legendary place made famous by James Hilton in his 1933 novel, Lost Horizon. The county also calls itself Shangri-la, a winning brand that now attracts droves of tourists, Chinese and foreign, here.

In Zhongdian, An Weng Ning Bu, the head of the local government, told me that between 1997 and 2007 Shangri-la's economy grew at an annual average rate of 12 per cent; and over the last half-decade at no less than 20 per cent. In Zhongdian and elsewhere, we met several young Tibetans who grew up in refugee settlements in India and have returned to make their fortune in the great Chinese economic boom. Three of them have come together to run a thriving business, the Khampa Caravan Adventure Travel Company Ltd., and a trendy ethnic restaurant, and are looking to invest in other profitable lines, including luxury hotels.

The Communist Party of China's present focus on the creation of a `harmonious society' and the concept of China's `peaceful rise' have been welcomed even by the Dalai Lama, to judge from a speech made in November 2006 by his special envoy, Lodi Gyaltsen Gyari.

With a speeding up of the development of industry, the service sector, and education; with the modernisation of agriculture and livestock practices; with adequate job creation; with an all-out poverty eradication effort; with an enlightened programme of environmental protection; and with scrupulous respect for the language, culture, religious beliefs and constitutionally mandated autonomy of the Tibetan people, rising China is eminently capable of achieving the all-round development of this autonomous, problematical province. Seldom does a giant country get such an opportunity to concentrate its burgeoning resources, internal and external, to improve the lives of 2.81 million of its citizens, accounting for 0.21 per cent of the national population, dotted across 1.22 million square kilometres, actually one eighth of China's land area.

`Tibet in Exile'

What about the future of the `independence for Tibet' movement?

The term `Tibet in Exile' is used by the Dharamsala-based `Tibetan Government-in-Exile' to denote up to 150,000 people of Tibetan ethnicity spread across India and several other countries who are supposed to be votaries of the Dalai Lama. This `Living Buddha,' who turned 72 on July 6, 2007, has suffered some health setbacks over the past few years. He has himself fuelled uncertainty about the future by making a profusion of statements about his own mortality. At times, he has indicated that he might choose to be the last Dalai Lama; and even proposed `democratic' modalities for ending the institution. But he has also said: "If I die in exile, and if the Tibetan people wish to continue the institution of the Dalai Lama, my reincarnation will not be born under Chinese control... That reincarnation ... will be outside, in the free world. This I can say with absolute certainty." These remarks make it clear that while the Tibetan Buddhist doctrine of reincarnation belongs to the mystical-religious realm and asks a lot from 21st century believers, the Dalai Lama's approach even to rebirth is decidedly ideological-political.

As religious leaders go, the Dalai Lama is certainly one of the world's most-recognised faces. In this respect, he is comparable to Pope John Paul II and Ayatollah Khomeini, except that he has been on the world stage for much longer than either of them was. Centuries of history bear down on him. For he is the 14th in an `incarnate' series launched in the 16th century when a Mongol chieftain, who owed allegiance to China's Ming Emperor, conferred the honorific `Dalai' (`Ocean') on a `Living Buddha' of the Gelug sect who became the third Dalai Lama. (Two predecessors were posthumously recognised.)

Historical records show that the institution of the Dalai Lama as an `incarnate' politico-religious supremo - recognised and empowered by the Chinese central government - began in the middle of the 17th century, when the Great Fifth received a formal title, a golden certificate of appointment, and a golden seal of authority from the Qing Emperor whom he visited, and paid homage to, in Beijing. The 13th Dalai Lama was a wily and unreliable political actor who played between Chinese central governments and interventionist colonial Britain, often aligning with the latter. Interestingly, on February 22, 1940, Tenzin Gyatso was enthroned as the 14th Dalai Lama at the Potala Palace after receiving the necessary certificates and seals of approval from the Chinese Nationalist government of Chiang Kai-shek, which in fact allocated 400,000 silver dollars to cover the expenses of the enthronement ceremony.

Tibetan paradox

The shy and diffident religious leader who was prevailed upon to flee Tibet during the 1959 armed uprising and has, since 1960, been based with his entourage in Dharamsala - India's `Little Lhasa' - has developed into a consummate public figure and world traveller. Winner of the 1989 Nobel Peace Prize, the 14th Dalai Lama has been primarily responsible for keeping the Tibet question active internationally, within China, and in the arena of India-China bilateral relations.

Politically, Tibet presents a paradox.

On the one side, there is not a single country and government in the world that disputes the status of Tibet; that does not recognise it as a part of China; that is willing to accord any kind of legal recognition to the Dalai Lama's `government-in-exile' based in Dharamsala. This situation presents a contrast to the lack of an international consensus on the legal status of Kashmir.

With respect to Tibet, India, which started out in the late 1940s with a policy of ambivalence shaped by the British Raj, has come a long way. In the "Declaration on Principles for Relations and Comprehensive Cooperation Between the Republic of India and the People's Republic of China," issued at the end of Prime Minister Atal Bihari Vajpayee's official visit to China in June 2003, India firmly reiterated its "one China policy" and recognised that "the Tibet Autonomous Region is part of the territory of the People's Republic of China." It added that it did not allow Tibetans "to engage in anti-China political activities in India." The Manmohan Singh government reiterated this official Indian position in the Joint Statement issued at the end of Prime Minister Wen Jiabao's state visit to India in April 2005.

On the other side, there is little doubt that there is a Tibet political question; that it has a problematical international dimension; that it continues to cause concern to the political leadership and people of China; and that it serves to confuse and divide public opinion abroad and, to an extent, at home.

This problematical side is a function of the interplay of a host of subjective and objective factors, which I identified in a 2000 cover story for Frontline. They are the Dalai Lama's religious charisma combined with the iconic international status of Tibetan Buddhism; his long-lastingness and tenacity; his alignment with colonial interests and western powers and the ideological-political purposes he has served over half a century; his considerable wealth and global investments, and resources mobilised from the Tibetan diaspora in various countries; the grievous cultural and human damage done in Tibet, as in the rest of China, during the decade of the `Cultural Revolution' (1966-1976); the nature of the `independence for Tibet' movement that has rallied round the person and office of the Dalai Lama and follows anything but the Buddhist `Middle Way'; the links and synergies he has established with Hollywood, the media, legislators, and other influential constituencies in the west; and, most troubling from a progressive Indian standpoint, the reality of a continuing Indian base of operations for the `Tibetan Government-in-Exile.'

Anti-China political figure

The long-term assessment of China's political leadership has been that the Dalai Lama cannot be treated merely, or even primarily, as a religious leader. If he were just a pre-eminent religious leader, there would be no problem in accommodating him within the constitutional framework that guarantees religious freedom to all citizens and regional autonomy to ethnic minorities in extensive parts of a giant country. In fact, the 14th Dalai Lama is a consummate politician leading a movement that seeks to take `Greater Tibet' away from the motherland - an anti-communist and separatist political figure, with external links.

The Dalai Lama's track record certainly bears out this assessment. He started out by accepting China's peaceful liberation of Tibet in 1951 (which can be compared, in some ways, to India's peaceful liberation of Goa a decade latter). He acquiesced in, and supported, the May 1951 "Agreement of the Central People's Government and the Local Government of Tibet on Measures for the Peaceful Liberation of Tibet." The key features of this 17-article agreement were unambiguous recognition of the status of Tibet as part of one China; cooperation by the local government of Tibet with the People's Liberation Army; continuation of the existing political system and the status, functions, and powers of the Dalai and Panchen Lamas; and a crucial and remarkably liberal provision that the local government "should carry out reforms of its own accord" and there would be "no compulsion on the part of the central authorities."

Secessionist actions

However, after his flight to India, the Dalai Lama showed his, and his Keshag's, secessionist colours. He declared Tibet to be "an independent state." In September 1959, acting against Prime Minister Jawaharlal Nehru's advice, he sought unsuccessfully to get the United Nations to intervene in Tibet. In 1960, he ordered a reorganisation of the "Religious Garrisons of Four Rivers and Six Ranges" in Nepal and thus became complicit in military activities against the Chinese state. His `Tibetan government-in-exile,' with its `Draft Constitution for Future Tibet' and its front organisations, functions in flagrant disregard of legality as well as India's long-declared official policy of not allowing Tibetans "to engage in anti-China political activities in India."

Over the past three decades, following a high-level political decision, the Dalai Lama has travelled extensively abroad to rally support for the internationalisation of the Tibet question and presented various `realistic' proposals for its `satisfactory and just solution.' These have included a Five Point Peace Plan unfurled in a September 1987 address to members of the U.S. Congress; the elaboration of these five points in the so-called Strasbourg Proposal of June 1988; the withdrawal, in March 1991, of his "personal commitment" to the ideas expressed in the Strasbourg Proposal on the basis of the allegation that the Chinese leadership had a "closed and negative" attitude to the problem; and an abrasive and propagandistic open letter written to Deng Xiaoping in September 1992.

In his major pronouncements, the Dalai Lama has taken the stand that Tibet has been an independent nation from ancient times; that it has been a strategic `buffer state' in the heart of Asia guaranteeing the region's stability; that it has never `conceded' its `sovereignty' to China or any other foreign power; that China's control over Tibet is in the nature of `occupation' by a `colonial' power; and that `the Tibetan people have never accepted the loss of national sovereignty.'

For `Greater Tibet'

Equally important, he has repeatedly spoken of `six million Tibetans.' He has falsely accused China of rendering Tibetans, through a state-sponsored policy of population transfer and Hanisation, into a `minority' in their own land. The plain truth, borne out by official censuses and easily verifiable by foreign observers and experts, is that Tibetans constitute more than 92 per cent of the population of the Tibet Autonomous Region. The Dalai Lama has even accused the Chinese socialist state of unleashing a `holocaust' and exterminating more than a million Tibetans.

He has put forward the demand for the reconstitution of a `Greater Tibet' known as `Cholka-Sum' and comprising the areas of `U-Tsang, Kham, and Amdo.' This is a revival, in another form, of the infamous British attempt in the early 20th century to constitute two zones, `Outer Tibet' and `Inner Tibet' (the latter comprising extensive ethnic Tibetan areas in several Chinese provinces); weaken China's sovereignty over both zones; require Chinese `non-interference' in the affairs of Outer Tibet; and give the Lhasa-based Tibetan administration the right to control most monasteries and even appoint local chiefs in Inner Tibet. (Although the Dalai Lama has not raised this particular demand, evidently in deference to his host country, his `Greater Tibet' logically implies the inclusion of Ladakh - which was once part of Ngari, was repeatedly invaded by Kashmiris and brought under their control in the 19th century, and was eventually annexed by the British Raj as part of Kashmir in 1846.)

He has demanded that `Chinese forces,' the People's Liberation Army, should pull out of Greater Tibet and that "a regional peace conference should be convened to guarantee demilitarisation in Tibet." If the 14th Dalai Lama has his way, a single `de-Hanised' administrative unit, which will be formed by breaking up four Chinese provinces, will appropriate one-fourth of China's territory - instead of the one-eighth covered by TAR.

He has even sought to implicate India in his political project, observing on one occasion, at a seminar, that "it is more reasonable for India to own sovereignty over Tibet than China."

The 11th Panchen Lama

There have been other political provocations under the guise of exercising traditional religious authority. On May 14, 1995, in a pre-emptive bid, the Dalai Lama in exile in India `recognised' the boy Gendhun Choekyi Nyima, sight unseen of course, as the 11th Panchen Lama. However, in December 1995, the Chinese central government, going by centuries-old custom and tradition that empower it to recognise and appoint both the Dalai and the Panchen Lama, approved the enthronement of Gyaltsen Norbu as the 11th Panchen Erdeni.

Deng's policy shift

Over the past three decades, the Chinese leadership has fashioned and finessed its strategy of dealing politically with the Dalai Lama and his followers. In December 1978, Deng Xiaoping announced in a media interview that "the Dalai Lama may return, but only as a Chinese citizen" and that "we have but one demand - patriotism. And we say that anyone is welcome, whether he embraces patriotism early or late." In May 1991, Prime Minister Li Peng clarified that "we have only one fundamental principle, namely, Tibet is an inalienable part of China. On this fundamental issue, there is no room for haggling... All matters except `Tibetan independence' can be discussed."

However, after several rounds of informal talks and contacts with the Dalai Lama's emissaries and fact-finding delegations between 1979 and 1992, and after watching his performance on the international stage, the Chinese government came to a provisional conclusion by the time it held the Third National Conference on Work in Tibet in 1994. The conclusion was that the `Dalai clique' was demonstrably insincere; that it was working overtime to separate Tibet from China and destabilise the situation in TAR in concert with `China's international enemies'; and that its real demands were tantamount to independence, `semi-independence' or `independence in disguise.'

Six rounds of talks

However, that was by no means the end of the story. In an era of China's unprecedented economic growth, inclusive and nuanced socio-political and cultural policies, when serious international political support for `Tibetan independence' is non-existent, the Dalai Lama has been obliged to back-pedal on the key issues. In turn, the Chinese central government and the Communist Party of China have shown exceptional patience. This has meant that since 2002 six rounds of discussion have taken place between the representatives of the Dalai Lama and the Chinese government.

Before the sixth round of discussion took place (between June 29 and July 5, 2007) in Shanghai and Nanjing, Lodi Gyaltsen Gyari, styling himself the "lead individual" designated by the Dalai Lama to "reach out to the Chinese leadership," made a revealing speech at the Brookings Institution in Washington D.C. According to his remarks made on November 14, 2006, five rounds of talks have deepened mutual understanding, "brought the dialogue to a new level," and gone "a long way towards establishing a climate of openness that is essential to reaching mutually agreeable decisions regarding the future of the Tibetan and the Chinese people."

For a start, the Dalai Lama's representatives have declared themselves to be "encouraged by the new focus within China's leadership on the creation of a `harmonious society'... [and] by the concept of China's `peaceful rise,' whereby it will develop as a `modern socialist country that is prosperous, democratic, and culturally advanced." They have also stated that the Dalai Lama's current approach is to "look to the future as opposed to Tibet's history to resolve its status vis-à-vis China" because "revisiting history will not serve any useful purpose." Further, they have clarified, the crux of the Dalai Lama's `Middle Way' approach is to "recognise today's reality that Tibet is part of the People's Republic of China... and not raise the issue of separation from China in working on a mutually acceptable solution for Tibet." His commitment is to "a resolution that has Tibet as a part of the People's Republic of China, the need to unify all Tibetan people into one administrative entity, and the importance of granting genuine autonomy to the Tibetan people within the framework of the Chinese Constitution."

Daunting gap

Here lies a big gap - which cannot be narrowed unless the Dalai Lama and his establishment radically modify their stand on two core issues.

First, the concept of `high-level' or `maximum' autonomy in line with the `one country, two systems' principle (which Beijing holds to be applicable only to Hong Kong, Macao, and Taiwan) is very different from what Chinese constitutional framework and the law on national regional autonomy stipulate. The law, it has been pointed out, defines national regional autonomy as the basic political system of the Communist Party of China to solve the country's ethnic issues using Marxism-Leninism. The content of autonomy, which in the Chinese constitutional and political context essentially means self-administering opportunities and subsidies and preferential policies from the state to help the autonomous region overcome historical backwardness, can certainly be improved.

However, the kind of autonomy that the Dalai Lama demanded in November 2005 - "the Central Government should take care of defence and foreign affairs, because the Tibetans have no experience in this regard, but the Tibetans should have full responsibility for education, economic development, environmental protection, and religion" - cannot possibly be accommodated within the Chinese Constitution.

Further, his demand that "a Tibetan government should be set up in Lhasa and should have an elected administrative chief and possess a bicameral legislative organ and an independent judicial system" is ruled out of court. Beijing's 2004 white paper, "National Regional Autonomy in Tibet," is emphatic that, in contrast to Hong Kong and Macao that follow the capitalist system, Tibet does not face the possibility of introducing another social system.

Secondly, the 2.6 million Tibetans in TAR - a number that has grown steadily and is more than twice the Tibetan population in the region when the Dalai Lama went into exile - form only 40 per cent of the total population of Tibetans in China. In responding to the demand for `one administrative entity' for all ethnic Tibetans, the Chinese government makes the perfectly reasonable point that TAR parallels the area under the former Tibetan regime. Acceptance of the demand for `Greater Tibet' means breaking up the provinces of Qinghai, Gansu, Sichuan, and Yunnan, where there are a large number of Tibetan autonomous counties and prefectures; doing ethnic re-engineering, if not `cleansing'; and causing enormous de-stabilisation and damage to China's state, society, and political system.

After the sixth round of talks with two Chinese vice-ministers, Gyari has sounded a somewhat downbeat note in a statement released at Dharamsala: "The discussions were candid and frank. Both sides expressed in strong terms their divergent positions and views on a number of issues. Our dialogue process has reached a critical stage. We conveyed our serious concerns in the strongest possible manner on the overall Tibetan issue and made some concrete proposals for implementation if our dialogue process is to go forward." He has promised to present a more "comprehensive analysis of the dialogue process" to a meeting of a special `Task Force" set up in Dharamsala, in line with the Dalai Lama's instructions.

The talks will continue, as they should. Civility, open-mindedness, flexibility, and a positive attitude to resolving the Tibet question will certainly help, on both sides. During our visit to Tibet in June 2007, Nima Tsiren, Vice-Chairman of the regional government, responded to a question on the Dalai Lama by citing an observation made by Prime Minister Wen Jiabao at a Beijing press conference on March 16, 2007: "We will not only hear what he has to say; more importantly, we will watch what he does. We hope that the Dalai Lama will do something useful for China's unity and the development of Tibet."

Democratic India must hope so too.

However, for those who espouse `independence for Tibet,' the future looks bleak indeed. Since the Dalai Lama has been eloquent on the subject of his own mortality and has even speculated on the thereafter, they will be worrying over the big question: after the 14th, what?

One thing is clear: as much as the future of Goa and Sikkim belongs to India, the future of the Tibet Autonomous Region and the extensive Tibetan autonomous areas that form part of four major provinces will be - in their differentiated and distinctive ways - with one China.

Courtesy_
Frontline

http://www.flonnet.com/fl2414/stories/20070727005200400.htm

Tibetan images

Tibetan images

PHOTOGRAPHS: N. RAM

A traditional Tibetan dance in Zhongdian, now known as Shangri-la, in Yunnan Province.

Tibet, like the rest of China, is on a roll. It offers rapid frame alternations of the new and the old, the modern and the traditional in a heady mixture of sensory experiences. Material prosperity, steady population growth, rises in living standards, education and skills training, and in general the process of modernisation, are transforming life, work and mindsets, especially of the young.

While Tibetan Buddhism remains a strong presence in the autonomous region (TAR) and in Tibetan autonomous areas in four provinces, rising China is very much in charge of future Tibet.



A devot senior citizen with her prayer wheel sits in the square front of the Jokhang Monastery in Lhasa.



A scene in front of the Potala Palace.



Inside the Tashihungpo Monastery in the north-western suburbs of Xigaze.



An everyday scene at the foot of the Potala.



Performing Buddhist rituals in the house of a prosperous potter's family inthe Diqing Tibetan Autonomous Prefecture of Yunnan.



Chinese tourists take in breathtaking snapshots of wondrous Tibet.



A peasant troupe provides a taste of Tibetan opera, which is enjoying a revival in Tibet and has a considerable following abroad.



Traditional welcome at a Tibetan opera house.



Master Tibetan potter at work at home.



His daughter, in a lavender top, is in charge of blackware sales at a roadside stall.



The effects of modernisation can be seen everywhere in Lhasa.



Villagers engrossed in a game of wits, near Lhasa.



This peasant household has prospered thanks to hard work and thrift, many hands, government subsidies and a construction boom.





Scenes from a Xigaze kindergarten: Ten years from now Tibet will be a region of middling prosperity, with a well-educated and relatively young population.

Groundwater is getting depleted

Deepening crisis

AMAN SETHI

Groundwater is getting depleted fast across India and it is time the authorities thought of making and enforcing effective laws governing its use.

As summer marks its slow retreat over the Indo-Gangetic plain, the data on the status of groundwater aquifers across the country make for grim reading. While borewells in Punjab have hit frightening depths of 120 metres below the surface, arsenic contamination in West Bengal and Jharkhand has exposed communities to dangerous levels of toxicity. In the south, in coastal States such as Tamil Nadu, experts fear, reckless mining for water may have ruptured the sedimentary rock layers that separate freshwater aquifers from the saline ingress of the sea.

What is surprising is that India has no real laws to govern the use of groundwater for either communities or industry. Groundwater disputes in India are settled according to the Indian Easements Act of 1882, in which groundwater is interpreted as a right attached to land. Hence, owners of a plot of land have unrestricted access to the water that lies below it. While such an interpretation offers a degree of independence to individual and community users, the same law has been used to justify the sucking out of millions of litres of water by giant industries every day. The growth of bottling and paper industries, distilleries and steel plants has resulted in pitched battles between communities and corporations for control over common water sources.

Punjab and Uttar Pradesh illustrate the environmental fallout of two different practices. A flawed agricultural policy has pushed parts of Punjab into drought, while in Uttar Pradesh the sugar-distillery-petrochemical complex is destroying a communal resource that the industry pays nothing for.

Of late, the Union and State governments seem to have woken up to the absence of a framework to deal with groundwater utilisation. The Ministry of Water Resources proposed the Ground Water (Regulation and Control of Development and Management) Act in 2005. Yet, it remains just a proposal with no time frame for enactment.

Meanwhile, India's freshwater crisis seems to have caught the eye of the Planning Commission. Recent reports suggest that an experts committee has been set up to study the implications of a groundwater cess policy and its recommendations are to be included in the 11th Plan approach paper; but neither the terms of reference nor the recommendations of this committee have been made public.

The first step towards regulation of groundwater use could be a rationalisation of water tariffs, especially for industry. At present, the Central Pollution Control Board simply collects a water cess under the Water (Prevention and Control of Pollution) Cess Act of 1977. However, the maximum cess collected under any category is 30 paise per 1,000 litres. The minimum is five paise per 1,000 litres.

Tariffs as low as these offer companies no incentives to move from existing water-hungry industrial processes to modern, less consumptive ones. They also fail to consider food and beverage plants where water is a crucial input in the final product and is exported out of the local water cycle. According to documents released by the Uttar Pradesh Pollution Control Board, in 2000-01, distilleries across the State produced 4,32,489 kilolitres of alcohol. The same report suggested that on an average, for each kilolitre of alcohol produced 125 kilolitres of water was used.

Commoditising water is always a controversial choice to make. Those in favour of it argue that commoditising implies better management and conservation. Those opposed to the idea point to scenarios where a consumer-driven management model for a fundamental need such as water shall result in economically and socially marginalised groups being priced out of the system.

However, formulating a policy that caters to the needs of communities and simultaneously checks indiscriminate use by industry is neither impossible nor inconceivable.

Courtesy_
Frontline

http://www.flonnet.com/fl2414/stories/20070727002109000.htm

A rebel's journey: Chandra Shekhar

A rebel's journey

VENKITESH RAMAKRISHNAN

Former Prime Minister Chandra Shekhar was once the face of the alternative liberal democratic political leadership in India.

MANISH SWARUP/AP

Chandra Shekhar with Congress president Sonia Gandhi and Congress MP Praful Patel, in New Delhi in February 2004.

ONE of the most enduring images of former Prime Minister Chandra Shekhar, who passed away on July 8, relates to the Bharat Yatra that he undertook as an opposition leader in early 1983. The six-month-long "on foot" journey that the then president of the Janata Party made from Kanyakumari to Rajghat in New Delhi, traversing approximately 4,260 kilometres, had the stated objectives of "evolving a first-hand understanding of the problems of the people of India and reviving the rapport between the people and the political class". It was an unprecedented and ambitious initiative in terms of the physical effort involved as well as in terms of political intent. It reflected the leader's resolve to push the limits in order to make a political impact.

The promise held out by the Bharat Yatra, the hopes it generated in vast sections of the country's population, the way they were nurtured for a fair amount of time, and the ultimate disintegration of the dreams raised by the Yatra symbolise, in many ways, the political career of Chandra Shekhar.

When he set out on the Bharat Yatra, Chandra Shekhar was indeed the face of an alternative liberal democratic political leadership. The timing, too, was ideal. Four years had passed since the first non-Congress government of the country, led by the Janata Party, had collapsed following differences over the "dual membership" issue. (It related to some Janata Party leaders, including Ministers, continuing to be members of the Hindutva-oriented Rashtriya Swayamsewak Sangh, or the RSS). The Indira Gandhi-led Congress government that returned to power in 1980 had invited public anger on account of a number of problems, including the rise of terrorist activities in different States, threatening the very unity and integrity of the country.

In these circumstances, the leader of the Bharat Yatra raised visions of becoming a rallying point of liberal democratic and secular forces. There were other factors, too, that buttressed this perception. His political track record until the 1980s was an important element. Right from his student days, he was a committed follower of the socialist movement and had emerged as an important leader of the Praja Socialist Party (PSP) in his home State of Uttar Pradesh in the 1950s and 1960s. The PSP was essentially driven by anti-Congress politics during that period, but Chandra Shekhar was one of the first leaders of the party, along with Socialist ideologue Asoka Mehta, to realise the growing threat posed to the country by the communal Hindutva ideology and right-wing socio-economic policies represented respectively by the Bharatiya Jan Sangh, the precursor to the Bharatiya Janata Party (BJP), and the Swatantra Party (now defunct). This realisation led both Mehta and Chandra Shekhar to give up what they termed as "sectarian opposition to the Congress", and they joined the Congress in 1964.

Within the Congress, Chandra Shekhar, along with Mohan Dharia and Krishan Kant, formed a strong bloc that strengthened the socialist section. The determined interventions of this group, which came to be called "Young Turks", were largely instrumental in the formulation of a number of socialist-oriented initiatives of the Indira Gandhi-led Congress party and government in the late 1960s and early 1970s.

THE HINDU PHOTO LIBRARY

During his Bharat Yatra, in Kanyakumari in January 1983. To his right is his Janata Party colleague S.M. Joshi.

But Chandra Shekhar was equally resolute when it came to opposing the dictatorial streak in Indira Gandhi. He made no secret of his detestation of the culture of sycophancy that had engulfed the Congress during that period. The conflict on this issue between the two leaders grew to formidable proportions and Chandra Shekhar was one of the first political leaders to be put in jail when Indira Gandhi imposed the Emergency in June 1975. Chandra Shekhar was in jail for almost the entire period of the Emergency, which lasted until the announcement of the March 1977 Lok Sabha elections.

In the run-up to the 1977 elections, Chandra Shekhar joined hands with the legendary socialist leader Jayaprakash Narayan to form the Janata Party, which became the fulcrum of all anti-Congress, centrist and right-wing parties. He was also elected president of the Janata Party.

During the Janata Party regime, too, he criticised from time to time the style of functioning of the Morarji Desai-led dispensation and attempted to bring about some course correction. During this period, he stood firm on the issue of dual membership and refused to yield to the pressure tactics of the Jan Sangh group, which was trying to advance the RSS line.

The Bharat Yatra, in organisational terms, was an attempt to enhance the appeal and impact of this upright political personality. There are enough indications to show that Chandra Shekhar was convinced about initiating a new socio-political developmental agenda on the basis of the Yatra's experience. A large number of speeches he made in different parts of the country during the Yatra emphasised this conviction. He had set up 15 Bharat Yatra Kendras to follow up, consolidate and advance this agenda. The thrust of the agenda was on decentralisation of resources and power, and it clearly militated against disproportionate and monopolistic growth.

The ultimate political objective of all this was clear. Chandra Shekhar wanted to lead the nation as Prime Minister. A large number of his associates have pointed out that right from the early days of the 1977 Janata Party government, Chandra Shekhar was convinced that he would be able to "do a better job" as Prime Minister. His statement that he would contest for the leadership of the Janata Parliamentary Party if Morarji Desai were to demit office was a clear indication of this intent.

But the grand plans drawn up by the Bharat Yatra failed to bear fruit. The assassination of Indira Gandhi converted the 1984 elections into an out-and-out emotional affair and pushed aside the distinctive socio-political developmental agenda that Chandra Shekhar was trying to advance. The mass emotional quotient and the sympathy factor were so dominant in the elections that Indira Gandhi's son Rajiv Gandhi rode to power with a massive three-fourths majority. The Chandra Shekhar-led Janata Party could win only 10 seats.

By the time the next general elections were held five years later, the Rajiv Gandhi-led Congress had squandered this mandate and was reeling under a spate of allegations relating to "corruption in high places". The Congress could win only 197 seats in the Lok Sabha, while the newly formed Janata Dal, in which the section of the Janata Party led by Chandra Shekhar also merged, won 143 seats.

The elections led to the formation of the second non-Congress government, led by the Janata Dal and supported from outside by the BJP and the Left parties. Chandra Shekhar was evidently of the view that he was best suited to lead the government, but Vishwanath Pratap Singh pipped him to the post. It was once again the dominance of the emotional quotient in Indian politics that pushed Chandra Shekhar behind. V.P. Singh was a Minister in Rajiv Gandhi's Cabinet and had resigned from the Ministry and party to lead a highly emotive campaign on the issue of corruption in high places. Chandra Shekhar's honourable political track record, or his confidence about leading the country, was not good enough before V.P. Singh's emotive appeal.

Chandra Shekhar's political practice changed rather dramatically after this failure. The man known for his principled political practice for nearly three decades started succumbing, periodically, to the pursuit of the politics of pragmatism. He adopted a cynical view about the functioning of the V.P. Singh government. When the government fell following the withdrawal of support by the BJP on the Ayodhya Ram Mandir issue, he walked away from the Janata Dal with 64 Lok Sabha members to form the Samajwadi Janata Party (SJP) and joined hands with the Congress. That move helped him realise his ambition of becoming Prime Minister, albeit for seven months starting November 10, 1990.

His brief stint did indeed justify the conviction that he himself and a large number of his associates and friends had on his capacity to lead the country. He had difficult situations, created by terrorism and an economic crisis, to handle: he addressed most of these commendably. According to a large number of bureaucrats and politicians who had worked with him, Chandra Shekhar was a no-nonsense, hands-on Prime Minister who had a firm grip on problems and an enormous potential for governance. He was the first Prime Minister to engage the Punjab militants in a dialogue, paving the way for a process that ultimately helped resolve the issue.

However, the overall track record of his political practice since the early 1990s was an unpredictable mixture of idealism and pragmatism. He had joined hands with the Congress by virtually folding up his opposition to dynastic politics and related afflictions such as sycophancy and authoritarianism. Yet, he refused to succumb to political condescension and resigned when the Congress accused his government of spying on Rajiv Gandhi.

Chandra Shekhar took a principled position on issues such as corruption and communalism and at the same time promoted politicians such as the late Surajdeo Singh, who had sobriquets such as "Don of Dhanbad" and "King of the Coal Mafia". Since the early 1990s, the Bharat Yatra Kendras he had set up in the States of Kerala, Tamil Nadu, Karnataka, Maharashtra, Madhya Pradesh, Gujarat, Uttar Pradesh and Haryana started disintegrating. Not only were the centres devoid of any significant activity but the very legal status of many of them came under scrutiny. In 2002, a Supreme Court order held that the Bharat Yatra Kendra in Bhondsi near Delhi had illegally occupied village land.

His party, the SJP, failed to make many inroads into mainstream polity. Chandra Shekhar had to make a number of compromises, even with the BJP, whose Sangh Parivar politics he had openly chastised, in order to retain his traditional seat of Ballia. In the last two Lok Sabha elections, it was the support of the Mulayam Singh Yadav-led Samajwadi Party (S.P.) that helped him return to the Lok Sabha. But, at the same time, he took strong and principled positions in Parliament on a variety of issues that went against the interests of the very same parties. His consistent opposition to the BJP on the Ayodhya issue and his confrontation with the S.P. on the displacement of farmers for the Dadri power project are cases in point.

What this showed was that in spite of the paradoxical streams in his political practice, the socialist from a farmer's family in Ibrahimpatti village in Uttar Pradesh's Ballia district had not lost his basic moorings and perspective. His effectiveness as a Member of Parliament and his steadfast adherence to parliamentary conventions were acknowledged when he was honoured with the inaugural Outstanding Parliamentarian Award in 1995.

There may not be any takers for Chandra Shekhar's political legacy, especially in the context of the virtual non-existence of any political and organisational clout for his party. But his life is indeed a case study that reflects the various positive and negative influences that the country's polity has endured since Independence. In that sense, Chandra Shekhar's life provides valuable lessons to all political practitioners and observers.

Courtesy_
Frontline

http://www.flonnet.com/fl2414/stories/20070727004412600.htm


SC to hear all petitions on Sethusamudram project

Supreme Court to hear all petitions on Sethusamudram project

J. Venkatesan

Bench asks Centre to file reply on Ramar Sethu in four weeks

New Delhi: The Supreme Court on Tuesday transferred to itself petitions pending before the Madras High Court seeking a direction to stop dredging operations of the Sethusamudram project in the Ramar Sethu (Adams Bridge) area.

A three-Judge Bench, comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice Dalveer, ordered the transfer of the cases on two petitions filed by the Centre and the Sethusamudram Corporation, seeking transfer of the petitions for hearing by the apex court, since the issues involved in a pending matter in the apex court and the petitions in the High Court were similar. The Bench asked the Centre to file its response in four weeks on whether Ramar Sethu (Adams Bridge) could be declared a national archaeological monument, and whether the canal could be realigned without damaging it.

Senior counsel Arun Jaitley, appearing for Rama Gopalan, one of the petitioners before the High Court, opposed the transfer petitions contending the issues raised in the petitions before the High Court and the matter pending in the apex court were different. Since the High Court had directed the Centre to file its response on Ramar Sethu, the Centre should file its reply.

Issues inter-connected

Additional Solicitor General Gopal Subramaniam, who appeared for the Centre, and R. Mohan, ASG, who appeared for the Sethusamudram Corporation, submitted that the environmental and archaeological issues were inter-connected and it would be better if all the petitions were heard together. Mr. Subramaniam said a comprehensive affidavit touching all issues would be filed. Mr. Rama Gopalan and Dr. Subramanian Swami had sought a direction to implement the project by following any other alternative route or alignment, without affecting or destroying or demolishing Ramar Sethu (Adams Bridge).

The Centre and the Corporation, in their transfer petitions, submitted that the High Court had entertained the writ petitions, which indirectly challenged the environmental clearance granted for the project. They said work on the Rs. 2,500-crore project was in progress for the last two years. The projectwas likely to be completed by November 2008. Challenging the project in the High Court would delay its progress.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/18/stories/2007071861710700.htm

A presidential poll in the coalition age


A presidential poll in the coalition age

Neena Vyas

The urge of political parties to extract victories from electoral defeats has prevented them from thinking about how to protect high constitutional offices from allegations that rob them of their prestige.

In an increasingly contentious and fractured polity, it is time to remove some of the irritants. This has become all the more necessary when political parties have convincingly demonstrated they will go to any lengths to embarrass their rivals even if it means diminishing the prestige and authority of constitutional offices. The point-counterpoint allegations hurled recklessly against the presidential candidates in the ongoing electoral process is there before the people.

It is a matter of record that the two largest political parties expressed themselves against giving a second term to sitting Presidents — the Bharatiya Janata Party opposed a second term for K.R. Narayanan in 2002 and the Congress opposed another term for A.P.J. Abdul Kalam in 2007— pointing out that only Rajendra Prasad was given a second term. The Constitution is silent on this subject — it does not bar a second term. But there is nothing to prevent political parties from building a consensus and amending the Constitution to make clear that no President will get a second term.

Jawaharlal Nehru’s biographer, S. Gopal, records that the first Prime Minister was not at all keen on Rajendra Prasad getting a second term. He wanted the no-second-term precedent to be established straightaway. It did not happen because Nehru was outnumbered in the then Congress parliamentary party, with Maulana Abul Kalam Azad leading the charge in favour of Rajendra Prasad.

If Nehru had had his way or if parties had agreed on the no-second-term principle later, the country would have been saved the spectacle of President Kalam expressing his willingness to contest for a second term if there was “certainty” of a positive result in his favour. He became the target of retorts from seasoned politicians such as Sharad Pawar who pointed out that those who want to enter the electoral ring should not expect guaranteed results.

It is clear the Constitution does not conceptualise the President’s office as a rival centre of power. He is meant to act with the “aid and advice” of the government. But the President and the Governors enjoy wide discretionary powers when it comes to government formation, and this is at the heart of the tussle in the presidential election.

The coalition age is here. Elections often do not throw up a single party as the clear winner. This has happened at the Centre repeatedly since 1989 and frequently in the States. The President or the Governors, as the case may be, are then called upon to use their judgment while exploring government formation.

Their job is easy when a group of parties with a clear majority comes together, before or after the electoral process, to stake claim of majority support. Trouble arises when that is not the case.

The intensely competitive political environment has sometimes led to ugly and unsubstantiated charges of partisanship on the part of the President or the Governors. Agreed guidelines could prevent avoid this. After all, political parties did agree on a moral code of conduct to be followed during the electoral process, and this has worked well although it does not have any statutory backing (later it was upheld by the Supreme Court but has not yet been enacted as law).

The country could have done without some of the situations witnessed in the last few years. After the Lok Sabha election in 1996, the BJP emerged as the single largest party and President Shankar Dayal Sharma “appointed” Atal Bihari Vajpayee Prime Minister. The government lasted just 13 days. In other words, a government that had no legitimacy and no majority support in Parliament ruled the country for 13 days. An angry delegation of MPs of the United Front (a coalition of parties) and the Congress, which decided to give outside support to the Front, marched to Rashtrapati Bhavan to demonstrate their majority. The President’s decision came in for sharp criticism as it became clear to one and all on the very first day of the Vajpayee government that parliamentary arithmetic favoured the United Front.

Ensuring transparency

President Narayanan did not repeat that mistake. In 1998, when the BJP once again emerged as the single largest party, Mr. Narayanan insisted on asking Mr. Vajpayee to produce letters of support to establish his majority.

After days of suspense — the All India Anna Dravida Munnetra Kazhagam took its time giving the letter — Mr. Vajpayee took the oath of office as Prime Minister. Mr. Narayanan also ensured transparency by issuing regular communiqués, spelling out what he was doing and why.

However, in the States Governors had apparently not learnt the lessons from the 13-day government episode. In 2005, the decision by Jharkhand Governor Syed Sibtey Razi to invite Jharkhand Mukti Morcha leader Shibu Soren to form the government after the Assembly election came to grief. In fact, soon after the results were out, it was the BJP that managed to get enough support to go just past the majority mark. Mr. Soren had to make way for the BJP’s Arjun Munda in a matter of days.

In a somewhat similar case, Bihar Governor Vinod Chandra Pande invited Nitish Kumar of the Janata Dal (United) to form a government after the results of the 2000 Assembly elections. When Mr. Kumar was given the oath of office he was far short of the majority mark of 163; he had the support of only 146 MLAs. The Nitish Kumar government resigned within seven days, before facing a vote of confidence, making way for Rabri Devi of the Rashtriya Janata Dal.

There is also the episode involving Bihar Governor Buta Singh in 2005. As no clear majority emerged after the Assembly election he recommended President’s Rule. Had this been done in a transparent manner, no one could have faulted him. But the charge that was levelled — and it stuck — was that he suggested this only when it became clear that Mr. Nitish Kumar was about to get the numbers to claim a majority. President’s Rule was imposed in haste with the proclamation signed by President Kalam while he was on a visit abroad. This invited widespread criticism, notwithstanding Mr. Buta Singh’s excuse that he had tried to prevent horse-trading.

Some of these unconstitutional governments — in that they did not enjoy a majority in Parliament or the Assembly even for a day — need not have been in office at all if the President or the Governor, as the case may be, had used their discretionary powers in a more transparent manner in accordance with a set of agreed guidelines. The ugly attacks on high constitutional offices could have been avoided.

However, it seems the urge of political parties to extract victories from electoral defeats has prevented them from sitting down to think about how to save high constitutional offices from the kind of allegations that have already robbed them of their prestige and authority.

The polity is badly fractured leading often to election results that do not throw up a clear winner. Political parties are not able to resist the temptation to influence use of gubernatorial discretion to their own advantage. In this situation some accepted norms and guidelines for government formation could help to reduce the friction in the political arena. After the contentious presidential election — and clearly parties had their eye on the 2009 Lok Sabha election — the time may not be far off when similar accusations of partisanship are hurled at Rashtrapati Bhavan.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/18/stories/2007071855791100.htm

Fake Telephone Exchange in Pondicherry

Clandestine phone exchange unearthed in Puducherry

Staff Reporter

Monitoring cell seizes equipment worth Rs. 30 lakh

— Photo: T. Singaravelou

security risk: BSNL officials with the seized equipment used for diverting international calls, in Puducherry.

PUDUCHERRY: A clandestine telephone exchange, which was diverting international calls through broadband connectivity, bypassing legal telecom channels, was unearthed at a rented house at Anna Nagar, a residential colony in Puducherry, on Monday.

Officials from the Vigilance Telecom Monitoring Cell, Chennai, which detected the illegal operation with the help of Crime and Intelligence Cell of the Territorial police, raided the house and seized electronic equipment worth about Rs 30 lakh. An investigation into the illegal operation was centred on the person who took the house for rent. The suspect, Manish, had provided fake address, Senior Superintendent of Police (Crime and Intelligence) B. Srikanth told The Hindu.

It was found that a particular Internet protocol address had been misused for illegal voice usage, when the private Internet service provider submitted its mandatory monthly report to the Cell. Subsequently, the Cell got the information that some mobile phone connections of a private service provider were being misused for international call termination. The BSNL officials said the department had incurred a loss of about Rs 1.5 crore. The illegal operator was using an Access Server, GSM Gateway and Ethernet Equipments equipment for diverting the calls. The network had a capacity of handling 96 calls simultaneously.

Besides the revenue loss to the Government, such clandestine exchanges possess security threat, as the calls cannot be monitored, according to the BSNL officials.

Mr. Srikanth said the Intelligence Bureau has been alerted of the incident. A special team of the CID was working on the case. The suspect’s mobile number was traced and the calls from the mobile were being tracked, he said.

The police suspect that there could be a larger network and the suspect would have connections with a foreign syndicate, which operates illegal call centres.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/18/stories/2007071861740700.htm

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Dinamalar ePaper


Police make no headway in high-profile crimes Law & order


Police have made little progress in zeroing in on the culprits in several major cases, says Rajesh Nair


PUDUCHERRY: Even months after three sensational cases, two incidents of robbery and busting of an illegal telephone exchange rocked the Union Territory, police are yet to find out the people behind the incidents.

In the first incident a group of jewellery dealers from Chennai were waylaid during the wee hours by masked men on two-wheelers who decamped with more than one kg of gold and 22 kg of silver after sprinkling chilli powder on their faces.

Just a week after that, in broad daylight a petrol bunk cashier was robbed of Rs.13 lakh in a similar manner. The incident took the law enforcement agencies by surprise, as it was the first of its kind reported in the Union Territory.

Police say they are clueless in the both the incidents. The reason given by the police for not solving the first case was that it took three weeks for the complainant to provide details about the jewellery stolen. The complainant failed to give any evidence about the people who attacked them or about the two-wheeler they used. They could only identify the colour of the vehicle, which according to them was black. Police say they are now in the process of finding out the details about the habitual offenders who were staying in the territory.

In the petrol bunk robbery case police have not yet worked out how to go about the case.

The last to happen, the busting of telephone exchange, which according to the BSNL officials had caused a big loss to the telecom department, was yet to be solved.

So far the police could only manage to apprehend an accomplice of the main accused, Manish alias Abdullah.

According to police, Manish was residing in Chennai and ever since the case surfaced he was absconding with his family. Police have traced his native place and investigations are on his place of birth. Meanwhile, the accused has approached the Madras High Court for anticipatory bail.

Reliable sources say, the day when the team from the Vigilance wing of BSNL and CID raided the illegal telephone exchange, the accused was in Puducherry. The team even managed to reach him over the mobile but when he realised that something was amiss the accused escaped, say sources. If the police had planned it better, the accused would have been in custody, say some team members.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/08/07/stories/2007080768740300.htm


Electors can abstain in Presidential Election: EC

Electors can abstain: EC

J. Venkatesan

New Delhi: The Election Commission on Tuesday said MPs and MLAs could abstain from voting in the Presidential election and such action would not attract disqualification. However, political parties could not issue a whip.

The NDA on Monday submitted a memorandum to the Commission seeking a direction to declare unconstitutional any direction by parties to their MPs/MLAs to abstain from voting.

The Commission said:

“Every elector in the Presidential election has the freedom of making a choice to vote for any of the candidates or not to vote.

“This will equally apply to political parties, and they are free to canvass or seek votes of electors for any candidate or requesting or appealing to them to refrain from voting. However, they cannot issue any whip to their members to vote in a particular manner or not to vote in the election leaving them with no choice, as that would tantamount to the offence of undue influence within the meaning of Section 171C of the IPC.”

The Commission clarified that “voting for election to the office of President is different from voting by a member of Parliament or the State Legislature inside the House, and that, as held by the Supreme Court, the provisions of the Tenth Schedule [relating to defections] may not apply to voting in the Presidential election.”

The court held that an elector would not attract the penal provisions of the anti-defection law for defying the party whip in Rajya Sabha elections.

© Copyright 2000 - 2006 The Hindu

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http://www.thehindu.com/2007/07/18/stories/2007071859080100.htm

No more shyness for Pratiba: Dinamani

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Courtesy_
Dinamani

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Tuesday, July 17, 2007

Efforts on to get Pamban bridge in heritage site list

Rameswaram, July 16 (PTI): The 93-year-old Pamban railway bridge, linking mainland at Mandapam and holy Rameswaram island, could find a place in the list of World Heritage sites of UNESCO, the United Nations body for culture.

Steps were being taken by the Railways to seek the coveted status for the bridge, built by a German engineer Scherzer, in 1913, officials said.

Once it was ascertained that the bridge met all requirements for being delared as a heritage site, a formal application would be made, Railway Board Chairman J P Batra, who along with other top railway officials witnessd the trial run after Broad Gauge conversion of the track recently, said.

"It could become the third railway site after Nilgiris Mountain Railway (NMR) and Darjeeling Himalayan Railway (DHR) in the country to join UNESCO's Heritage site. It will be the first of its kind railway bridge in the world to join the list of heritage sites," Southern Railway Chief Engineer A K Sinha, who had made a detailed study of the bridge.

The 2.06 km long bridge was considered an engineering marvel when it was constructed at a cost of just Rs 20 lakh by 600 workers. There were no loss of lives during construction.

The straight bridge from East to West has its foundation on sandstone reef. The water depth in between ranges from two feet to 10 feet. Stones used for the bridge were brought from a quarry 270 km away and sand from a site 100 km away.

Nearly 5,000 tonnes of cement, 18,000 cubic feet of crushed metal stone, 2,600 tonnes of steel and 80,000 cubic feet of boulders were used to construct the bridge, work on which began in June 1911 and was completed in June 1913. It was commissioned on Feb 24, 1914.

The Pamban rail bridge has 145 fixed spans and one navigation span which is open for ships. The drawbridge at the centre comprises two 'leaves' or sections of the navigation span, weighing 415 tonnes each.

It requires six persons on each side to manually operate and lift them for ships to pass. The total length of the span is 225 feet, probably the longest in the world.

According to Sinha, corrosion proved to be a big problem much before the cyclone. The life of girders originally put up in 1914 was short. They were changed to the BG deck type. Now steel girders had been put up. "They have been duly metalled to enhance life," he said.

Before the cyclone, the rail line actually continued till Dhanushkodi, the southern most tip of the island. The railway terminus was at Talaimannar In Sri Lanka. The cyclone washed away the rail track at Dhanushkodi.

"For the first time after Gauge conversion a ship was allowed to pass under it on June 21," Sinha said.

He said experts from IIT, Madras were now working on a design to motorise the spans so they need not be manually operated. The Navigation span attracts a lot of attention. But only a lucky few will be able to catch a glimpse of the navigation span opening up to allow passing ships," he added.


Courtesy: http://www.hindu.com/thehindu/holnus/004200707160322.htm

Sunday, July 15, 2007

AIADMK invites Dr.Ramdoss to UNPA

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Tamilan Express

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13th Presidential Election: Frontline

Clear choice

VENKITESH RAMAKRISHNAN

The possibility of the election of Pratibha Patil, the nominee of the Congress and the Left, as the 13th President is proving historic.



Pratibha Patil, the United Progressive Alliance's candidate for the presidential election, with UPA chairperson Sonia Gandhi at the latter's residence in New Delhi on June 16.

THE 13th presidential election, on July 18, is expected to conclude with a historic verdict promoting, for the first time, a woman to the highest constitutional office in the country. But before that would happen, the political dimensions of the electoral process have reached incomparable proportions on several counts. To start with, the run-up to the election has witnessed one of the most rancorous campaigns in the history of presidential polls in the country. Allegations of murder, bank scams and financial irregularities as well as controversies over the interpretation of customs have formed part of this campaign. And at the centre of it is Pratibha Patil, the presidential nominee of the Congress-led United Progressive Alliance (UPA) and the Left parties.

Even as the issues raised against Pratibha Patil captured more and more media space with each passing day, the campaign, being advanced essentially by the Bharatiya Janata Party (BJP), the principal Opposition force, was perceived as having an element that seeks to change the traditional character of the President's office. That the campaigners appealed to members of the electoral college to transcend their fundamental political affiliations and cross-vote for its candidate, Vice-President Bhairon Singh Shekhawat, has been interpreted as an effort to create a rival centre of power to the Union government at the Rashtrapati Bhavan.

The incumbent President, A.P.J. Abdul Kalam, contributed to the confusion and commotion in the preparatory stages of the election by expressing readiness to bid for another five-year term if there was "certainty" of his victory. Kalam's statement was in response to a request from the United National Progressive Alliance (UNPA), the newly formed combination of eight regional parties, including the Samajwadi Party (S.P.), the All India Anna Dravida Munnetra Kazhagam (AIADMK), the Asom Gana Parishad (AGP) and the Telugu Desam Party (TDP). This stance of the "People's President" shocked even his admirers because it was clear even before the election process started that the ruling UPA and the Left would not support his candidature. The President, however, did not persist with his offer and virtually announced his withdrawal from the election scene two days after he expressed his readiness to contest.

The run-up to the poll also witnessed regionalism being brought forward as one of the deciding factors in a presidential election. It was the Shiv Sena, the Maharashtra-based constituent of the BJP-led National Democratic Alliance (NDA) which advocated this line while deciding to support Pratibha Patil. Its leadership, including party chief Bal Thackeray and No.2 in the party Udhav Thackeray, made it clear that they were motivated by regionalism and provincial considerations in moving away from the NDA's common candidate, Shekhawat. The Shiv Sena's decision has upset the BJP and, by all indications, the 22-year-old alliance between the two parties is set to collapse. But the Sena seems unfazed. "The elevation of Pratibha Patil to the President's position is indeed a matter of Marathi pride and, at this moment, this is more important to us," Udhav Thackeray said. The BJP criticised its alliance partner's stand as it strengthened the anti-national and anti-Hindutva forces.

SCALES TILTED


If one were to go by a calculation of votes that various parties have in the electoral college, the Shiv Sena's decision has tilted the scales decidedly in favour of Pratibha Patil. In the electoral college, which has a total of 10,98,882 votes, the Shiv Sena has 22,178 votes. A broad calculation is that the components of the UPA and the Left parties put together have 5.13 lakh votes; the NDA has the strength of over 3.54 lakh votes and the UNPA has about 1.05 lakh votes. The Shiv Sena's decision takes away about 20,000 votes from the NDA's basket and adds them to the UPA-Left combine's. Before the Shiv Sena switched sides, the UPA roped in the Mayawati-led Bahujan Samaj Party (BSP), which came to power recently in Uttar Pradesh with a massive vote. The BSP has 62,862 votes. UPA chairperson Sonia Gandhi announced Pratibha Patil's candidature on June 14, two days after eliciting an assurance of "unconditional support" from Mayawati to the alliance's nominee.

The UPA leadership was engaged in a series of meetings with the Left parties right from the last week of May to agree on a name. The Left's consistent position throughout the talks was that it would agree on the name of a political personality (as opposed to apolitical figures such as Abdul Kalam) who did not compromise on secularism and had a sound understanding of national issues and constitutional matters. Many names, ranging from Home Minister Shivraj Patil to External Affairs Minister Pranab Kumar Mukherjee to veteran Kashmir leader Karan Singh, were suggested by the Congress.

While the Left did agree on Pranab Mukherjee's nomination, the Congress backtracked as Sonia Gandhi apparently thought that the External Affairs Minister was indispensable to the government. The names of Shivraj Patil and Karan Singh were not acceptable to the Left. By all indications, the compromise reached with the Left parties ultimately inspired the UPA leadership to come up with some "out of the box thinking" and it was this that led to the "sudden and unexpected" candidature of Pratibha Patil.

Initial responses to Pratibha Patil's candidature were overwhelmingly appreciative. The fact that her candidature has opened up the possibility of a woman becoming the President for the first time in the six decades of independent India was hailed by a large number of social and women's organisations. However, a number of developments in the following days tempered this sense of elation. These included Pratibha Patil's own statements of a controversial nature and a series of exposes and allegations that came up against her relatives, including her brother.

This context, undoubtedly, gave a fillip to some fresh initiatives from the NDA and the UNPA. It was the UNPA that first took centre stage with an offensive against Pratibha Patil's candidature. Describing her nomination as a "joke played on the nation by Sonia Gandhi", AIADMK leader Jayalalithaa and other UNPA leaders proposed a second term for Kalam. A number of UNPA leaders told Frontline that the "Third Front" had only meant it as a token gesture that would create a few ripples on the election scene. So sure were the UNPA leaders about Kalam's unwillingness to contest that Jayalalithaa, who apparently mooted the proposal to give a second term to a fellow Tamilian, did not attend the meeting the other alliance leaders had with the President.

Kalam's surprise reaction

Naturally, Kalam's response to the UNPA's plea to consider a second term surprised its leadership. The President, who had made it clear to a number of NDA leaders only a few months ago that he would present himself as a candidate only if there was a consensus among all parties, qualified it by saying that "I can accept a second term of presidency provided there is certainty about this". He added that he was willing to wait for a few days for this certainty to emerge.

Although it was not stated in so many words, it was clear that Kalam's insistence on "certainty" meant only a majority in the electoral college and not a unanimous election. Clearly, Kalam's reaction gave the UNPA leadership, as well as the NDA, an opportunity to corner the UPA. The NDA also got into the act and said it was ready to withdraw Shekhawat's candidature if the UPA too agreed on Kalam's candidature.

The debate went on for a couple of days, but the UPA and the Left parties refused to budge from their position. That settled the issue and Kalam withdrew, stating, he did not want to play politics.


Following the failure of its "second term for Kalam" mission, the UNPA also failed to agree on a common agenda for the election. It was left to individual parties to take their own position in the presidential election. This has put the UNPA constituents, especially the S.P. and the TDP, in a quandary. They cannot support Pratibha Patil because the alliance had described her as a "joke". They cannot accept Shekhawat because of his strong Sangh Parivar background; the minority Muslim vote is crucial to both parties and hence they cannot be seen as siding with a leader with a pronounced Hindutva orientation. Indications are that both parties would abstain from the election. The AIADMK and the AGP may be able to accept Shekhawat's candidature for his "impartial track record as Vice-President and Chairman of the Rajya Sabha".

In terms of votes, the S.P. and the TDP constitute a sizable chunk with 58,403 and 14,744 respectively. The AIADMK has 19,280 and the AGP has 4,908 votes. This means that even a shift of a section of the UNPA vote would not dramatically alter the situation. However, the BJP, as well as sections of the NDA that are firmly with the BJP, have some other calculations.

Shekhawat, reportedly, has wide-ranging personal contacts across parties and as a veteran politician who has held important positions such as Chief Minister, Union Cabinet Minister and Vice-President, he has been of help to people from different walks of life. A senior BJP leader told Frontline: "Shekhawatji has a lot of personal IOUs to encash."

Moreover, the fact that independent Members of the Legislative Assembly and Members of Parliament account for 72,000 votes is seen as a positive factor by the NDA. According to a senior BJP leader from Uttar Pradesh, if the NDA is able to garner these independent votes en bloc and get 45 to 50 MPs belonging to the UPA to cross-vote, the UPA's historic initiative could well be upset. Since, the presidential poll is conducted through a system of secret ballot and also because party whips are not operative in this election, members can resort to "conscience voting".

NDA game plan

Former External Affairs Minister K. Natwar Singh provides a clear illustration of the potential of the NDA game plan. He is technically a Congress member of the Rajya Sabha and is obviously counted among UPA voters. But Natwar Singh was present for the filing of Shekhawat's nomination papers and has made it clear that he and his supporters (there are a few of his followers among MLAs in Rajasthan) would back Shekhawat. Natwar Singh campaigned for the S.P. in the Uttar Pradesh Assembly polls, but since he has not joined the party he is not bound by the party's principles.

Similarly, two of the BSP's Lok Sabha members, Ramakant Yadav and Umakant Yadav, have fallen out with the party and are supporting the S.P. They could adopt a pro-Shekhawat posture. On the other side, the S.P.'s Lok Sabha member, Shafiq-ur-Rehman Barq, is unhappy with the party leadership and has moved closer to the Ajit Singh-led Rashtriya Lok Dal (RLD), which has declared its support to Pratibha Patil.

RAVEENDRAN/AFP

Vice-President Bhairon Singh Shekhawat, who is contesting as an independent

The Congress has understood this situation and sought to control the damage by moving for Natwar Singh's disqualification from the Rajya Sabha. As the Chairman of the Rajya Sabha, Shekhawat would have to give the verdict on the plea. Whatever the verdict, there is little doubt that the BJP and sections of the NDA are advancing the cross-vote game plan.

The NDA game has brought to the fore the question whether the ruling combine has a right to get its "man" elevated to Rashtrapati Bhavan. There is an argument that this right "is central to the very architecture of power envisaged in the Constitution". The Constitution does not envisage the Rashtrapati Bhavan as a rival centre of power, not even a rival source of influence. If an Opposition party or a combination of parties can ensure the victory of someone other than the one favoured by the ruling combine, then it would amount to a no-confidence vote against the government.

The NDA, on its part, argues that there is no such right as has been proved in the 1969 presidential poll when the Congress leader and Prime Minister, Indira Gandhi, asked her party voters to go for conscience voting. This resulted in the defeat of the party's "official" candidate, Neelam Sanjiva Reddy, and the victory of the "rebel" candidate, V.V. Giri. "There is the precedence of 1969," argue BJP leaders, "and in any case Shekhawat would make a much superior President than Pratibha Patil."

The NDA leadership knows that it does not have the numbers to get Shekhawat elected, but by turning the presidential poll into a political battle it has created some discomfiture for the UPA. And the allegations against Pratibha Patil and some of her misplaced pronouncements have only added to the discomfiture, although the lady from Maharashtra is expected to scale the victory post.

Courtesy_
Frontline

http://www.flonnet.com/fl2413/stories/20070713004512800.htm

Rough ride

VENKITESH RAMAKRISHNAN

Allegations that have surfaced after Pratibha Patil's nomination make her candidature controversial.

SHANKER CHAKRAVARTY

Pratibha Patil with the CPI's general secretary A.B. Bardhan (centre) and Rajya Sabha member D. Raja in New Delhi.

"WHY are you coming up with the names of male politicians only? Why not a lady politician?" D. Raja, leader of the Communist Party of India (CPI) and the newly elected Rajya Sabha member, says it was this question from some leaders of the Left parties during the discussions they had with the United Progressive Alliance (UPA) leadership that prompted Prime Minister Manmohan Singh to come up with the name of Pratibha Patil as the presidential candidate. The Left found the name of the Rajasthan Governor acceptable and in less than 48 hours her candidature was announced.

By all indications, the Left had specifically appreciated her recent track record as Governor and the secular values she upheld during the tenure. She took a strong stand in April 2006 when the Rajasthan Assembly passed the Rajasthan Freedom of Religion Bill, 2006, which apparently sought to ban religious conversions, advancing the Sangh Parivar's view on this issue. Pratibha Patil returned the Bill unsigned, stating that certain clauses of it infringed on "the fundamental rights such as freedom of speech and expression, freedom of conscience and freedom to profess, practise and propagate religion".

The Government of Rajasthan sent the Bill back to her in May 2006 noting that similar anti-conversion laws enacted by Congress governments in Madhya Pradesh and Orissa 40 years ago were upheld by the Supreme Court. The government also pointed out that while drafting Article 25 of the Constitution, B.R. Ambedkar had said that it would be best to leave it to the State legislatures to make laws to regulate conversions. Pratibha Patil did not relent and sat on the controversial Bill for over a year and later sent it to President A.P.J. Abdul Kalam on June 20, a day before she demitted the office of Governor to file the nomination for the presidential election.

In a political career spanning 45 years, Pratibha Patil has occupied various positions, such as Deputy Chairperson of the Rajya Sabha between 1986 and 1988. Hailing from Nandgaon in Maharashtra, she was a member of the State Assembly between 1962 and 1985 and was the Leader of the Opposition between 1978 and 1982. Before that, she was a Minister in the Maharashtra government for 11 years. Post-1982, she was again Minister in the State for four years. She held important portfolios, including Public Health, Education, Urban Development and Civil Supplies during these stints. She was strongly tipped to become Chief Minister in 1980, but lost out to A.R. Antulay. She moved to the Rajya Sabha thereafter and was later elected to the Lok Sabha.

An important streak in her career was her loyalty to the Nehru family. In 1977, post- Emergency, she stood resolutely with the then defeated Prime Minister Indira Gandhi, in spite of the fact that her mentor S.B. Chavan and colleague Sharad Pawar had decided to part ways. The overwhelming perception in the Congress is that the Nehru family has always rewarded her for this act of loyalty and both the Governor's post and the presidential nomination are examples of this.

Whatever the fact, it could be safely said that Pratibha Patil's political career has been steady and non-controversial.

But all that changed dramatically soon after she was chosen the presidential candidate. Allegations and exposes started emerging one after the other. It all started with a controversy over remarks she made about the "purdah" system in Rajasthan. Soon accusations about irregularities in the Pratibha Mahila Sahakari Bank (Pratibha Women's Cooperative Bank) she set up in 1982 came up. Subsequently, charges were levelled against her relatives, including her brother G.N. Patil.

The remark on "purdah" was made hardly 48 hours after her nomination. It went as follows: "Women have always been respected in the Indian culture. The `purdah' system was introduced to protect them from the Muslim invaders. However, times have changed. India is now independent and hence the system should also change. Now that women are progressing in every field, we should morally support and encourage them by leaving such practices behind." Historians, Islamic theologians and even the Muslim Personal Law Board were quick to point out the anomaly in the statement.

The historian Varsha Joshi pointed out that the "purdah" system preceded the Mughal invasion. She pointed out that women were not allowed to take part in the coronation ceremonies of Rajput rulers, and that they were mostly confined to homes and that there was evidence of construction of separate "zenana" chambers for women in the Chittaurgarh fort in the 11th century. "To argue that `purdah' started because of the Mughals amounts to taking a very narrow view of history," she said. Zafryab Jilani, member of the Muslim Personal Law Board, said that it was unfortunate that a leader of Pratibha Patil's stature had fallen for the campaign of Hindutva forces.

Another remark that evoked ridicule was her reported claim that she communicated with spirits. This was apparently made at the headquarters of the Brahmakumaris Samaj at Mount Abu. She claimed that the spirit of Baba, (Dada Lekhraj, the founder of the sect) who died in 1969, entered the body of Hridaymohini `Dadiji', the present head of the sect, and that they both had a conversation.

ACCUSATIONS

The controversy these comments raised was accompanied by allegations of fraud against the Mahila Sahakari Bank. The Reserve Bank of India (RBI) had reportedly cancelled the licence to the bank in view of alleged financial irregularities. Those who obtained loans and waiver of interests from the welfare-oriented bank included Pratibha Patil's relatives, such as her brothers and nephews. A case has been filed against the management at the Aurangabad Bench of the Bombay High Court, and Pratibha Patil, as the founding Chairperson of the bank and later Director, is one of the 34 respondents in the ongoing case. Since her nomination, many of the depositors' families have made bold to state that the bank has mismanaged their funds.

It has also come to light that Sant Muktabai Sahakari Shakhar Karkhana (Saint Muktabai Cooperative Sugar Factory), of which Pratibha Patil is the founder-president, has been declared a defaulter for failing to repay a Rs.17.5-crore bank loan. The loan was taken in 1994. Officials of the bank claim that the loan has not been repaid although a number of reminders have been issued. In a notice sent in June 2007, the bank threatened to attach the factory's property. The factory was reportedly inaugurated by Sonia Gandhi on January 23, 1999.

Another accusation involves Pratibha Patil's brother G.N. Patil. Rajni Patil, a Professor in Jalgaon College and the widow of a murdered Congress politician, G.V. Patil, alleged that G.N. Patil, who was a rival of her husband, was behind the conspiracy to kill her husband. Rajni Patil accuses Pratibha Patil of shielding her brother.

The Bharatiya Janata Party (BJP) is cashing in on these allegations. The party has printed a couple of booklets to be distributed to the electoral college. Pratibha Patil has not chosen to respond to the allegations.

However, leaders of the UPA, including Manmohan Singh, have dismissed the allegations as baseless and described them as mere mudslinging Ravi Shankar Prasad, spokesperson of the BJP, said that there was no "mudslinging" and that the "party was merely seeking an explanation from her based on information that had come out in the public domain through different sources". Prasad pointed out that the RBI had "condemned" the working of Pratibha Patil's bank in its 2003 report.

"Manmohan Singh was a Governor of the RBI. Should a legitimate question emanating from such a report be called mudslinging?" he asked. According to L.K. Advani, the BJP's Leader of the Opposition in the Lok Sabha, the Congress and the UPA should not stand on ceremony but change the candidate because the charges against Pratibha Patil were too serious.

But not all institutions linked to the Patils have a controversial angle. The engineering college in Bambari outside Jalgaon, started by Pratibha Patil, is doing well. It offers courses in information technology and is the only such institute in the area. But amid the spate of allegations it has become difficult for the Congress and the UPA to project her good work.

Talking to the media after the announcement of her candidature, Pratibha Patil asserted that she would not be a "rubber stamp President". The country would certainly hope that she would live up to that promise.

Courtesy_
Frontline

http://www.flonnet.com/fl2413/stories/20070713005213300.htm

M.V. insurance effective only from time given in policy: SC

M.V. insurance effective only from time given in policy

Legal Correspondent

“Courts must look into contract”


Policy renewed five hours after accident

Fraudulent claims must be curbed


New Delhi: The motor vehicle insurance policy will be effective from the time and date specifically incorporated therein and not from an earlier point of time, the Supreme Court has held.

“In the absence of any specific time and date, the policy becomes operative from the previous midnight. But when the specific time and date are mentioned, then the policy becomes effective from that point of time” said a Bench consisting of Justices A.K. Mathur and Dalveer Bhandari.

In the instant case, a transport company in Assam insured its bus with the National Insurance Co. for the period till June 29, 1994. The policy was renewed 21 days later at 2 p.m. on July 20, 1994. The vehicle met with an accident at 9.15 a.m. earlier in the day.

Appeal allowed

The Motor Accident Claims Tribunal, Jowai, allowed the transport firm’s claim petition and awarded a compensation of Rs. 1,06,000 with 12 per cent interest.

The Guwahati High Court rejected the appeal filed by the insurance company.

Allowing its appeal against that judgment, the Bench said that admittedly at the time of the accident the vehicle did not have insurance cover.

The policy was obtained at 2 p.m. on July 20, 1004, clearly evident from the renewal endorsement made in the policy.

The Bench said, “It is the obligation of the court to look into the contract of insurance to discern whether any particular time has been specified for commencement or expiry of the policy. A very large number of cases have come to our notice where insurance policies are taken immediately after accidents to get compensation in a clandestine manner. In order to curb this widespread mischief, it is absolutely imperative to clearly hold that the effectiveness of the insurance policy would start from the time and date specifically incorporated in the policy and not from an earlier point of time.”

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/15/stories/2007071555281200.htm

UNPA to abstain from voting

Third Front to abstain from voting

Gargi Parsai

United National Progressive Alliance will put up its own candidate for Vice-President


UNPA has votes valued at over one lakh

NDA to seek clarification on abstaining from voting


— Photo: Rajeev Bhatt

Tough stand: Leaders of the United National Progressive Alliance Chandrababu Naidu. Jayalalithaa, Mulayam Singh and Om Prakash Chauthala before their meeting on the elections to the posts of President and Vice-President, in New Delhi on Saturday. The Third Front leaders unanimously decided to abstain from voting in the July 19 Presidential polls. It also decided to field its own candidate for the Vice-Presidential election.

NEW DELHI: The United National Progressive Alliance (UNPA) is firm on abstaining from voting in the July 19 Presidential election and has decided to put up its own candidate for Vice-President “to maintain its identity.”

The alliance will seek the support of the Left parties for their Vice-Presidential nominee or go along with them on condition that they withdraw support to the Congress-led United Progressive Alliance (UPA) at the Centre.

It will, however, maintain distance from the UPA and the National Democratic Alliance (NDA) in the Vice-Presidential elections as well.

After a nearly three hour-long meeting of the UNPA leaders here, the All-India Anna Dravida Munnetra Kazhagam chief Jayalalithaa said at a joint press conference: “We had already declared that we will not back a candidate supported by the UPA or the National Democratic Alliance (NDA). There is no change in that decision. The UNPA will abstain from voting.”

She said they had taken legal opinion on this position and were advised that there was no legal bar on abstaining from voting in the Presidential election.

The UNPA has votes roughly valued at over one lakh in the 10.98-lakh vote electoral college.

Quick to respond, the NDA-supported independent candidate Bhairon Singh Shekhawat’s spokesperson Sushma Swaraj told The Hindu that a clarification would be sought from the Election Commission whether abstaining from voting wou ld amount to issuing a whip.

“The Election Commission should clarify whether those who want to vote can do so without hindrance or would such a decision by a party amount to issuance of whip.”

On the Vice-Presidential election to be held in August, Ms. Jayalalithaa said that the UNPA would put up its own candidate whose name would be announced later.

Conscious decision

“The UNPA has taken a conscious decision not to back a UPA or NDA-backed candidate. We cannot have a different yardstick for the Vice-Presidential election.”

The UNPA leaders said they would not seek NDA support for their Vice-Presidential nominee — as they had sought for President A.P.J. Abdul Kalam — despite knowing that their candidate would not win (on his/her own). “But we will register our vote and our identity.”

Asked whether they would support a Left candidate in the Vice-Presidential election, the UNPA leaders said similar to the “compulsion” of the Left parties to go along with the Congress-led UPA’s candidate, they too could not go along with them if they remained with the UPA.

Replying to a question, Samajwadi Party president Mulayam Singh said there was no division among the UNPA leaders on their stand on the Presidential as well as Vice-Presidential elections.

Significance

The “conscious” decisions of the UNPA are significant coming as they do in the wake of CPI (M) general secretary Prakash Karat’s meeting with Telugu Desam Party leader N. Chandrababu Naidu on Saturday and BJP leader Jaswant Singh’s parleys with Ms. Jayalalithaa.

Mr. Naidu denied that Mr. Karat had sought support for the nomination of Lok Sabha Speaker Somnath Chatterjee as a Vice-Presidential candidate. Ms. Jayalalithaa said she discussed the political situation with Mr. Singh when he called on her on Friday in New Delhi. National Conference president Farooq Abdullah had joined them later. She denied that Karnataka Chief Minister H.D. Kumaraswamy, who was also in Delhi, had met her.

Samajwadi Party general secretary and spokesman Amar Singh alleged that the Union Finance Ministry was targeting Ms. Jayalalithaa by freezing her bank accounts. He also charged the UPA Government with attempts to frame Mr. Mulayam Singh in a CBI matter.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/15/stories/2007071559911000.htm

Friday, July 13, 2007

7 New States to be formed: Dinamalar

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Dinamalar ePaper

Order on seats surrender struck down: Madras HC

Order on seats surrender struck down

Special Correspondent

CHENNAI: Provisions of a State law, mandating surrender of seats by unaided professional colleges, and admission for management quota seats on the basis of marks in qualifying examinations and through centralised counselling, were struck down by the Madras High Court on Thursday.

The First Bench, comprising Chief Justice A.P. Shah and Justice P. Jyothimani, however, ruled that last year’s “consensual arrangement” between the unaided institutions and the Government with regard to seat-sharing as well as admission modalities, should be followed this year.

The conditions, applicable only for this year, include adherence to the rule of reservation and fee structure as stipulated by a statutory committee.

The constitutional validity of three provisions of the Tamil Nadu Admission in Professional Educational Institution Act were challenged by associations of self-financing professional institutions.

Section 2(c)(iii) said non-minority institutions should surrender 65 per cent of the total intake, whereas colleges enjoying minority status must surrender 50 per cent of the seats.

Admissions

While Section 4(1) stipulated admissions on the basis of qualifying examination marks, Section 5(4) said admission to management quota should be done through centralised counselling.

On July 2, Justice V. Dhanapalan had upheld the validity of these provisions.

On Thursday, the First Bench said Sections 4(1) and 5(4) were ultra vires the Constitution as they offended the Fundamental Right to practise any profession or to carry on any occupation, trade or business, and the right of minoriti es to establish and administer educational institutions.

It, however, said last year’s agreement between the Government and the colleges should be followed this year, as Advocate-General R. Viduthalai had informed the court that 160 colleges had individually consented to follow last year’s pattern, and also because the admission process had already commenced.

The seats to be retained by the managements should be filled up on the basis of “multiple window system” satisfying the triple test of fairness, non-exploitation and transparency, the Bench said.

The colleges must furnish a list of admitted students, their rank and fee collected from them, along with other particulars to the statutory committee formed for the purpose.

Government to appeal

The Higher Education Minister, K. Ponmudy, said the Tamil Nadu Government would move the Supreme Court against the order, and said the Government would do everything to safeguard the interests of students.

He said the counselling for engineering admissions would be held on July 18 as scheduled.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/13/stories/2007071358080100.htm

Water detected on distant planet

Water detected on distant planet

Ian Sample

— PHOTO: AFP

IS LIFE OUT THERE?: A spiral galaxy known as Messier 81, in this picture taken by NASA’s Spitzer and Hubble space telescopes. Many of the billions of galaxies could be home to planets capable of sustaining life, according to scientists.

London: British astronomers have detected water in the atmosphere of an enormous, fiery planet that circles a distant star far beyond our own solar system. The discovery raises hopes that the substance considered most vital for life may be ubiquitous throughout the galaxy and wider universe.

The finding, described in Nature on Thursday, proves scientists can overcome what has long been thought one of the greatest hurdles in the search for extraterrestrial life - the ability to analyse atmospheres of distant worlds for signs of living organisms.

Larger than Jupiter

The planet, a Jupiter-like gas giant, circles a star identified by astronomers as HD189733, some 64 light years from our sun in the constellation of Vulpecula, or “little fox”.

It is slightly larger than Jupiter - itself more than 11 times wider than Earth - and passes so close to its parent star that surface temperatures soar from 700C to 1,000C when night turns to day.

Astronomers led by Giovanna Tinetti, at University College London, used NASA’s Earth-orbiting Spitzer telescope to watch the planet as it passed directly in front of its star during its 2.2-day orbit. Cameras on the telescope picked up faint changes in starlight passing through the planet’s atmosphere. The atmosphere absorbed infrared light at wavelengths that could only be explained by large quantities of water vapour.

“This planet cannot be considered habitable, it’s extremely hostile, but the fact that we can see water on an extra-solar planet makes us think we might be able to use the same technique to spot water on other habitable planets that are more life-friendly and more similar to Earth,” said Dr Tinetti. Scientists believe the most likely place to find a “second Earth” — a rocky planet capable of harbouring life as we know it — is in the “Goldilocks zone” of a distant solar system, where planets are neither too hot nor too cold for liquid water to form.

Keith Horne, a planet hunter at St Andrews University, said: “The fact that this gas giant has been found to have water in the atmosphere is exciting. We’re very interested in finding where water exists — is it so abundant that it will be present everywhere a planet forms or not?” —

Guardian Newspapers Limited 2007

© Copyright 2000 - 2006 The Hindu

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http://www.thehindu.com/2007/07/13/stories/2007071354551600.htm

Cauvery enters TN owes to rain in Karnataka

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Who are disrespecting Presidential Post?

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TR®«u ùL[WYjûRd ÏûXlTÕ Vôo?

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UK Vs. India - President : an Overview

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Ck§Vd Ï¥VWÑm Ce¡XôkÕ Ø¥VWÑm Ju\ô?

CWô. ùN¯Vu

Friday July 13 2007 00:00 IST

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(LhÓûWVô[o: Øu]ôs Uô¨XeL[ûY Eßl©]o.)

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Monday, July 9, 2007

New 7 Wonders announced in Lisbon


The Taj is one of the ‘new’ wonders of the world

The Great Wall of China, Petra in Jordan and the Colosseum in Rome figure in the Swiss foundation list

Photo: AFP

IT’S WONDERFUL: Celebration in full swing outside the Taj Mahal in Agra on Sunday. —

LISBON: Seven “new” wonders of the world, including the Great Wall of China, the Taj Mahal and the Colosseum in Rome, were chosen overnight by nearly 100 million Internet and phone voters, upsetting purists.

The other wonders named were the centuries-old pink ruins of Petra in Jordan, the statue of Christ the Redeemer in Rio de Janeiro, the Incan ruins of Machu Picchu in Peru, and the ancient Mayan city of Chichen Itza in Mexico.

British actor Ben Kingsley and U.S. actress Hillary Swank hosted the celebrity-studded ceremony at Lisbon’s Stadium of Light, broadcast in more than 170 countries to an estimated 1.6 billion viewers.

List of 21 sites

A private Swiss foundation launched the contest — dreamed up by filmmaker and museum curator Bernard Weber — in January, allowing voters to choose from 21 sites, short-listed out of 77 picked by a jury of renowned architects and the ex-UNESCO chief, Federico Mayor.

The short-listed sites included the Acropolis in Athens, the Eiffel Tower in Paris, the statues on Easter Island, Britain’s Stonehenge, Cambodia’s Angkor Wat temples, the Statue of Liberty in New York and the Alhambra in Spain.

However, the U.N. cultural body that designates world heritage sites skipped the event. “The list of the seven new wonders will be the result of a private initiative, which cannot contribute in any significant or lasting way to the preservation of the elected sites,” the Paris-based UNESCO said in a statement last month.

The initiative seeks to recreate the popularity of the seven wonders of the world of antiquity, of which only the Pyramids of Egypt still remain.

Saturday’s ceremony was attended by a myriad of stars and celebrities, including the former astronaut Neil Armstrong, actress and singer Jennifer Lopez, and Portuguese Prime Minister Jose Socrates.

“It is the first time in history that all the citizens of the world have been able to vote and decide,” declared Diogo Freitas do Amaral, chairman of the organising committee.

No broadcast in China

In China, the televised event was not broadcast, leaving thousands of tourists at the Great Wall unaware of the new tag.

“As usual there are a lot of tourists today, but I don’t think they came here because the Great Wall was chosen as one of the seven wonders of the world,” Hu Yang, an official at the Badaling Great Wall near Beijing, told AFP by telephone. “There was no special activity to welcome this. ... All the same it is a great honour for all of China.”

Jordan, meanwhile, said the flow of tourists to Petra would spiral. Faruq Hadidi, Secretary-General of Jordan’s Tourism Ministry, said: “The result reflected the importance of the red-rose city as a cultural, tourist and archaeological site.”

Underlining that around 4,00,000 people visited Petra each year, he added: “We expect the figure to double.”

In Peru, hundreds gathered at 2,430 meters to greet the announcement that the ruins of Machu Picchu had made it on the new list. Thousands more cheered and hugged each other in Cusco, 70 km to the southeast of the ruins, after cafe and restaurant televisions beamed the result.

“The selection of Machu Picchu is an example of what Peruvians can achieve when we unite” as they did in voting in favour of “the new marvel,” Trade and Tourism Minister Mercedes Araoz told reporters after the announcement.

Thousands also cheered, waved flags and broke into Mayan dances at the archaeological ruins on Mexico’s Yucatan, when Chichen Itza became one of the seven “new” wonders.

“Chichen, Chichen, ra, ra, ra,” chanted a group of Mexicans in white flowing robes at the foot of the Kukulkan (The Castle), the central pyramid that dominates the ruins and was built during 967-987. The Mayan ruins attract more than one million tourists a year.

In Rio de Janeiro, hundreds of thousands of singing and dancing revellers broke into applause as they were told that the city’s landmark Christ the Redeemer statue was a new “wonder.”

Jubilation in Agra

The city of Taj led the celebrations on the monument of love being included in the list, with the Archaeological Survey of India terming it “a vindication of the marble marvel’s standing in the world. - Agencies.

© Copyright 2000 - 2006 The Hindu

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THE HINDU

http://www.thehindu.com/2007/07/09/stories/2007070960511700.htm


Criticism by UNESCO

The United Nations Educational, Scientific and Cultural Organization (UNESCO) in a press release[1] on June 20, 2007 reaffirmed that it has no link with the initiative, which it says would reflect "only the opinions of those with access to the internet".

A paragraph from the press release reads "There is no comparison between Mr Weber’s mediatised campaign and the scientific and educational work resulting from the inscription of sites on UNESCO’s World Heritage List. The list of the 7 New Wonders of the World will be the result of a private undertaking, reflecting only the opinions of those with access to the internet and not the entire world. This initiative cannot, in any significant and sustainable manner, contribute to the preservation of sites elected by this public."

Some in Egypt see it as competition to the status of the Great Pyramid of Giza, the only surviving monument of the original Ancient Wonders. "This is probably a conspiracy against Egypt, its civilization and monuments," wrote editorialist Al-Sayed al-Naggar in a leading state-owned daily.[7] Egyptian Culture Minister Farouq Hosni said the project was "absurd" and described its creator, Weber, as a man "concerned primarily with self-promotion".[7] Nagib Amin, an Egyptian expert on World Heritage Sites, has pointed out that "in addition to the commercial aspect, the vote has no scientific basis."[7]

After the complaints from Egypt, the pyramid was given special status and removed from the voting list. From the Web site: "The New7Wonders Foundation designates the Pyramids of Giza — the only remaining of the 7 Ancient Wonders of the World — as an Honorary New7Wonders Candidate, and removed it from the voting."[8]

In Brazil there was a campaign Vote no Cristo (Vote in Christ) which had the support of private companies, namely telecommunications operators, that stopped charging voters.[9]

http://en.wikipedia.org/wiki/New_7_Wonders_of_the_World

Courtesy_
Dinamalar ePaper
Indian Express ePaper

Microsoft expands in Canada amid U.S. visa crunch

Microsoft expands in Canada amid U.S. visa crunch

By Jim Finkle and Allan Dowd

BOSTON/VANCOUVER, British Columbia (Reuters) - Microsoft Corporation said on Thursday it will open a software development center in Vancouver, giving it a place to employ skilled workers snagged by U.S. immigration quotas.

It may signal the start of a new hiring trend, with other U.S. high-tech firms following in Microsoft's footsteps to Canada, where lawyers say it is easier for foreign nationals to obtain work credentials.

U.S. businesses want Congress to lift quotas on the number of visas the government issues to skilled professionals such as the software engineers that Microsoft employs. But as recently as last week lawmakers rejected legislation that would have addressed their concerns. Canada doesn't impose quotas on the number of visas it issues each year.

Microsoft said it plans to open the Vancouver facility by the end of the year. It will initially have about 200 workers, and employ about 900 within a couple years.

Businesses, particularly technology firms, say they need to recruit foreign nationals, many of whom have received their graduate degrees in the United States, to compensate for a shortage of qualified programmers, engineers and scientists.

Evan Green, a Toronto immigration attorney who helps businesses obtain visas for employees, said that other U.S. companies could follow Microsoft's lead.

"Lots of companies are looking at (expanding in Canada) because of their frustration with getting U.S. visas," Green said.

But supporters of the U.S. cap say it prevents firms from using temporary foreign workers to displace higher paid American employees.

Microsoft said in a statement that the Vancouver center will "allow the company to continue to recruit and retain highly skilled people affected by the immigration issues in the United States."

But company spokesman Lou Gellos said Microsoft's frustration with the U.S. government's visa policy wasn't the only reason for the expansion in Canada.

It is part of a larger program to diversify software development outside of Microsoft headquarters in Redmond, Washington, Gellos said.

The company has operations in North Carolina, Ireland, Denmark and Israel, and has already announced plans for sites in Boston and Bellevue, Washington.

"We would be opening this center in Vancouver even if this visa situation didn't exist," Gellos said.

Still, U.S. interest in placing workers in Canada has risen since the beginning of April, when Washington announced there would be a severe visa shortage this year.

The United States grants about 85,000 H-1B visas annually to workers with skills in specialized fields. A record 150,000, requests, or nearly double the annual quota, were filed on just the first day applications were accepted for this year's allotment.