By Kul Bhushan
NRIs settled in Britain are sometimes called 'Coconuts' by some of their own social commentators. Brown from outside, 'Coconuts' are Indians who are white inside thus implying their 'Britishness' in their language, habits and thinking. Of course, tag is open to a lot of criticism but it does make a point: 'Coconuts' are Indians who have adopted the British way of life all the way and have joined the mainstream of their country's flow.
Most younger generations of NRIs were born in Britain or in other countries, educated and started to work there and so are totally 'British', American or like their compatriots where they live - in their speech, accent, dress, manners and behaviour. Some do stand out due to their religious symbols such as the turban, a beard or the veil. A full-scale controversy on Muslim women wearing a veil in public and at work has generated a stormy debate and court cases. Now Britain wants all newcomers who want to live in Britain to take a 'Britishness' test from next April.
UK Immigration Minister Liam Byrne said: 'It is essential that migrants wishing to live in the UK permanently recognise that there are responsibilities that go with this. Having a good rasp of English is essential in order for them to play a full role in society and properly integrate into our communities.'
The decision came after the Home Office published research by the Centre for Migration Policy and Society at Oxford showing that the degree of public anxiety over immigration is closely linked to jobs and incomes rather than colour. When jobs are scarce, then the poor black and white groups resent newcomers. So it's not about colour but money.
NRIs in Britain have opposed this test but the British government now insists on it. It boils down melting with the majority of the population.
'The British ruled India for 200 years, did they learn Hindustani after they landed here?' argues Avinash Kaushik, who has lived abroad for over 45 years. 'Even without knowing English language or learning about Britishness, NRIs in Britain have worked hard, paid their taxes and contributed to the economy. So what is the need for this test?'
NRIs follow their own religions - mostly Hinduism, Sikhism or Islam. This means not only taking part in religious practices but also taking part in most social interactions -- that happens entirely with their own community. Thus they have little time or opportunity to move into or with the mainstream. NRIs have been accused of 'keeping aloof' in Africa, the Far East and the Middle East - not just in developed countries. But in the West, the younger generation that has grown up with the majority of the population makes friends easily, mixes with them and even marries them.
The US and many other developed countries have similar tests before granting citizenship but there are no such tests for NRIs in the Middle East, Africa and other countries.
Now - after the terror attacks - Britain has woken up to put into place some measures to integrate immigrants after allowing them in without any language test for over half a century. This has resulted in both educated and uneducated men and women from the subcontinent arriving in Britain without speaking English - and they immediately went to live in areas with a majority of their communities and never bothered to learn the language properly or make an effort to know about how most British people lived.
Now the newcomers will have to answer 24 multiple-choice questions and get at least 18 right. More than 180,000 people each year seek to settle in Britain, and they must pass this test. They can sit the test as many times as they need to - but for a fee. People over 65 will be exempt, and those with poor English can take a 'skills for life' and language course rather than taking the test.
A booklet 'Life in the UK' covers the material of the test but doubts have been raised if many - if not most - Britons can pass such a test. For example, why did large numbers of Jewish people come to Britain during 1880-1910? When did women first get the vote? How long was Britain at war during the Second World War? The answers are: To escape violence they faced at home, 1918, and six years. Then there are lifestyle questions like what would you do if you spill someone's pint of beer in the pub? Answer: Saying 'Sorry' is not enough; buy him/her another pint.
The US prides itself as 'a melting pot' of peoples and cultures while Britain promotes it 'multi-culturalism'. But the European nations have no such phrase to describe their immigrant peoples. So how about the label 'coconut'?
(A media consultant to a UN Agency, Kul Bhushan previously worked abroad as a newspaper editor and has travelled to over 55 countries. He lives in New Delhi and can be contacted at: kulbhushan2038@gmail.com)
Friday, December 15, 2006
Thursday, December 14, 2006
India has killed 10 mln girls in 20 years - Renuka Chowdhury
By Palash Kumar
NEW DELHI (Reuters) - Ten million girls have been killed by their parents in India in the past 20 years, either before they were born or immediately after, a government minister said on Thursday, describing it as a "national crisis".
A UNICEF report released this week said 7,000 fewer girls are born in the country every day than the global average would suggest, largely because female foetuses are aborted after sex determination tests but also through murder of new borns.
"It's shocking figures and we are in a national crisis if you ask me," Minister for Women and Child Development Renuka Chowdhury told Reuters.
Girls are seen as liabilities by many Indians, especially because of the banned but rampant practice of dowry, where the bride's parents pay cash and goods to the groom's family.
Men are also seen as bread-winners while social prejudices deny women opportunities for education and jobs.
"Today, we have the odd distinction of having lost 10 million girl children in the past 20 years," Chowdhury told a seminar in Delhi University.
"Who has killed these girl children? Their own parents."
In some states, the minister said, newborn girls have been killed by pouring sand or tobacco juice into their nostrils.
"The minute the child is born and she opens her mouth to cry, they put sand into her mouth and her nostrils so she chokes and dies," Chowdhury said, referring to cases in the western desert state of Rajasthan.
"They bury infants into pots alive and bury the pots. They put tobacco into her mouth. They hang them upside down like a bunch of flowers to dry," she said.
"We have more passion for tigers of this country. We have people fighting for stray dogs on the road. But you have a whole society that ruthlessly hunts down girl children."
According to the 2001 census, the national sex ratio was 933 girls to 1,000 boys, while in the worst-affected northern state of Punjab, it was 798 girls to 1,000 boys.
The ratio has fallen since 1991, due to the availability of ultrasound sex-determination tests.
Although these are illegal they are still widely available and often lead to abortion of girl foetuses.
Chowdhury said the fall in the number of females had cost one percent of India's GDP and created shortages of girls in some states like Haryana, where in one case four brothers had to marry one woman.
Economic empowerment of women was key to change, she said.
"Even today when you go to a temple, you are blessed with 'May you have many sons'," she said.
"The minute you empower them to earn more or equal (to men), social prejudices vanish."
The practice of killing the girl child is more prevalent among the educated, including in upmarket districts of New Delhi, making it more challenging for the government, the minister said.
"How do we tell educated people that you must not do it? And these are people who would visit all the female deities and pray for strength but don't hesitate to kill a girl child," she said.
Hindu priests pressed on abortions
AFP,Friday, December 15, 2006
NEW DELHI: India's Hindu priests came under criticism Friday for blessings about sons, seen as leading to the number of abortions of girls and skewed sex ratios across the country.
It is common for priests to bless young women by saying, "May you be the mother of a hundred sons", and many Hindus believe the soul will not find release unless a son performs his parents' last rites.
"The problem is very serious and is part of the deep mindset in India," Renuka Chowdhury, minister for women and child development, said.
"They have to stop giving blessings about sons," Chowdhury said. "They should bless couples with healthy children."
The remarks came the same week that the United Nations children's agency UNICEF said India was losing almost 7,000 girls a day, mostly due to sex-selective abortion.
Under Indian law, tests to find out the gender of an unborn baby are illegal if not done for medical reasons, but the practice continues in what activists say is a flourishing multi-million-dollar business.
NEW DELHI (Reuters) - Ten million girls have been killed by their parents in India in the past 20 years, either before they were born or immediately after, a government minister said on Thursday, describing it as a "national crisis".
A UNICEF report released this week said 7,000 fewer girls are born in the country every day than the global average would suggest, largely because female foetuses are aborted after sex determination tests but also through murder of new borns.
"It's shocking figures and we are in a national crisis if you ask me," Minister for Women and Child Development Renuka Chowdhury told Reuters.
Girls are seen as liabilities by many Indians, especially because of the banned but rampant practice of dowry, where the bride's parents pay cash and goods to the groom's family.
Men are also seen as bread-winners while social prejudices deny women opportunities for education and jobs.
"Today, we have the odd distinction of having lost 10 million girl children in the past 20 years," Chowdhury told a seminar in Delhi University.
"Who has killed these girl children? Their own parents."
In some states, the minister said, newborn girls have been killed by pouring sand or tobacco juice into their nostrils.
"The minute the child is born and she opens her mouth to cry, they put sand into her mouth and her nostrils so she chokes and dies," Chowdhury said, referring to cases in the western desert state of Rajasthan.
"They bury infants into pots alive and bury the pots. They put tobacco into her mouth. They hang them upside down like a bunch of flowers to dry," she said.
"We have more passion for tigers of this country. We have people fighting for stray dogs on the road. But you have a whole society that ruthlessly hunts down girl children."
According to the 2001 census, the national sex ratio was 933 girls to 1,000 boys, while in the worst-affected northern state of Punjab, it was 798 girls to 1,000 boys.
The ratio has fallen since 1991, due to the availability of ultrasound sex-determination tests.
Although these are illegal they are still widely available and often lead to abortion of girl foetuses.
Chowdhury said the fall in the number of females had cost one percent of India's GDP and created shortages of girls in some states like Haryana, where in one case four brothers had to marry one woman.
Economic empowerment of women was key to change, she said.
"Even today when you go to a temple, you are blessed with 'May you have many sons'," she said.
"The minute you empower them to earn more or equal (to men), social prejudices vanish."
The practice of killing the girl child is more prevalent among the educated, including in upmarket districts of New Delhi, making it more challenging for the government, the minister said.
"How do we tell educated people that you must not do it? And these are people who would visit all the female deities and pray for strength but don't hesitate to kill a girl child," she said.
Hindu priests pressed on abortions
AFP,Friday, December 15, 2006
NEW DELHI: India's Hindu priests came under criticism Friday for blessings about sons, seen as leading to the number of abortions of girls and skewed sex ratios across the country.
It is common for priests to bless young women by saying, "May you be the mother of a hundred sons", and many Hindus believe the soul will not find release unless a son performs his parents' last rites.
"The problem is very serious and is part of the deep mindset in India," Renuka Chowdhury, minister for women and child development, said.
"They have to stop giving blessings about sons," Chowdhury said. "They should bless couples with healthy children."
The remarks came the same week that the United Nations children's agency UNICEF said India was losing almost 7,000 girls a day, mostly due to sex-selective abortion.
Under Indian law, tests to find out the gender of an unborn baby are illegal if not done for medical reasons, but the practice continues in what activists say is a flourishing multi-million-dollar business.
Saturday, December 9, 2006
Malaysia : Chennai visitors no longer entitled to visa-on-arrival programme
PUTRAJAYA: Visitors from Chennai, India, are no longer eligible for the visa-on-arrival (VOA) when they land in Malaysia.
They now have to obtain their visas in their own country before entering Malaysia, said Home Affairs Ministers Datuk Seri Radzi Sheikh Ahmad. The ruling took effect from Nov 29.
The VOA, introduced for 24 countries requiring a visa to enter Malaysia was enforced on Sept 1, and available with a RM100 fee at immigration counters. It is valid for a month.
It was introduced to draw an expected 21 million people during the Visit Malaysia Year 2007 period. Among the countries are China, India, Pakistan, Bangladesh and Myanmar.
Up to Nov 6, over 14,500 visitors had applied for the VOA, of which more than 10,000 were from India.
The others were from China (1,634), Sri Lanka (980), Bangladesh (862) and Pakistan (796).
Records showed that 2,789 Indian tourists had overstayed, followed by 355 from China.
Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said the Cabinet decided last week that the VOA would no longer be issued to those from Chennai as too many of them had over stayed.
“Due to many of them remaining in the country after the visa expired, I submitted a Cabinet paper to put a stop to it. The Cabinet agreed.
“I do not know how long the VOA freeze will be on those from Chennai but the number of overstaying tourists will be monitored from time to time,” he told reporters after launch ing the Biometrics Security System and the ministry’s Immigration Identity Card, cre ated by Multimedia Glory Sdn Bhd, here Friday.
Under the biometrics system the fingerprints of foreign workers are recorded to ensure they are legal workers right from the time they leave their country of origin.
It takes about 0.5 seconds to read the fingerprints, which, he said, was faster than the American system, which took about 40 seconds.
Workers from Bangladesh have been using the system for a year and it has been found to be successful in detecting many illegal workers, he said, adding that it will soon be introduced to workers from other source countries.
“There are about 1.9 million foreign workers in the country with illegal workers numbering between 500,000 and 700,000,” said Radzi.
He plans to have the system at the National Registration Department to enable all min istries and agencies to retrieve data of all Malaysians from one single platform.
On the Immigration Identity Card, he said, it had high security features and that students, workers from various sectors and those regarding Malaysia their second home would be issued with separate cards dif ferentiated by colours.
Workers who renewed their permits next year will be issued with the new cards while issuance of new cards for others will start with university students first, who numbered about 40,000, he said
They now have to obtain their visas in their own country before entering Malaysia, said Home Affairs Ministers Datuk Seri Radzi Sheikh Ahmad. The ruling took effect from Nov 29.
The VOA, introduced for 24 countries requiring a visa to enter Malaysia was enforced on Sept 1, and available with a RM100 fee at immigration counters. It is valid for a month.
It was introduced to draw an expected 21 million people during the Visit Malaysia Year 2007 period. Among the countries are China, India, Pakistan, Bangladesh and Myanmar.
Up to Nov 6, over 14,500 visitors had applied for the VOA, of which more than 10,000 were from India.
The others were from China (1,634), Sri Lanka (980), Bangladesh (862) and Pakistan (796).
Records showed that 2,789 Indian tourists had overstayed, followed by 355 from China.
Home Affairs Minister Datuk Seri Radzi Sheikh Ahmad said the Cabinet decided last week that the VOA would no longer be issued to those from Chennai as too many of them had over stayed.
“Due to many of them remaining in the country after the visa expired, I submitted a Cabinet paper to put a stop to it. The Cabinet agreed.
“I do not know how long the VOA freeze will be on those from Chennai but the number of overstaying tourists will be monitored from time to time,” he told reporters after launch ing the Biometrics Security System and the ministry’s Immigration Identity Card, cre ated by Multimedia Glory Sdn Bhd, here Friday.
Under the biometrics system the fingerprints of foreign workers are recorded to ensure they are legal workers right from the time they leave their country of origin.
It takes about 0.5 seconds to read the fingerprints, which, he said, was faster than the American system, which took about 40 seconds.
Workers from Bangladesh have been using the system for a year and it has been found to be successful in detecting many illegal workers, he said, adding that it will soon be introduced to workers from other source countries.
“There are about 1.9 million foreign workers in the country with illegal workers numbering between 500,000 and 700,000,” said Radzi.
He plans to have the system at the National Registration Department to enable all min istries and agencies to retrieve data of all Malaysians from one single platform.
On the Immigration Identity Card, he said, it had high security features and that students, workers from various sectors and those regarding Malaysia their second home would be issued with separate cards dif ferentiated by colours.
Workers who renewed their permits next year will be issued with the new cards while issuance of new cards for others will start with university students first, who numbered about 40,000, he said
Thursday, December 7, 2006
Around 11,000 Indians living in Greece
ATHENS, Dec. 7 (IPS) - Immigration and dealing with migrant workers has perennially been a problem for countries across Europe, but nowhere more than in Greece. Huge problems remain unsolved while the country attempts to match the requirements of EU law.
Among the new workers coming in are several from India. The interior ministry estimates their number to be around 11,000.
"Indian people have contributed to Greece and they are good workers, but many are employed in the black economy where they have no rights and have no access to pensions and social security," Maghar Gandhi, president of the Greek-Indian Cultural Association told IPS.
"There is suffering, only about 60 to 70 percent have entitlement to social security, and just 30 percent have families here now."
A slow bureaucracy means progress comes at a snail-like pace, he said. Typically Indians are recruited legally, but after the initial six-month permit has expired, many are left with 'no man's land' status, he said.
"The main problem is the paperwork, some have been waiting for over five years to gain residence permits, and there is also a huge fee of about 900 Euros."
Most workers from the Indian subcontinent work in the agriculture sector, which accounts for 10 percent of the gross national income (GNI). Invariably, they are poorly paid and work in difficult conditions.
Among the new workers coming in are several from India. The interior ministry estimates their number to be around 11,000.
"Indian people have contributed to Greece and they are good workers, but many are employed in the black economy where they have no rights and have no access to pensions and social security," Maghar Gandhi, president of the Greek-Indian Cultural Association told IPS.
"There is suffering, only about 60 to 70 percent have entitlement to social security, and just 30 percent have families here now."
A slow bureaucracy means progress comes at a snail-like pace, he said. Typically Indians are recruited legally, but after the initial six-month permit has expired, many are left with 'no man's land' status, he said.
"The main problem is the paperwork, some have been waiting for over five years to gain residence permits, and there is also a huge fee of about 900 Euros."
Most workers from the Indian subcontinent work in the agriculture sector, which accounts for 10 percent of the gross national income (GNI). Invariably, they are poorly paid and work in difficult conditions.
Wednesday, December 6, 2006
India is a poorest one in Per Capita Household Wealth : UN Report
The richest 2% of adults in the world own more than half of global household wealth according to a path-breaking study released today by the Helsinki-based World Institute for Development Economics Research of the United Nations University (UNU-WIDER). Under the study, India's average per capita net worth was only 24.7 per cent of the world average, and its GDP was 29.2 % of the world average.
India is categorized under the last group consists of 64 low-income countries. This group's collective household net worth on a PPP basis amounted to 8.3 per cent of world wealth, compared to 39.9 per cent of the world’s population and 11.3 per cent of world GDP.
Of the 13 countries for which we have the pertinent data, the US again ranks first in net worth per capita, at $143,857, followed on a PPP basis by Australia at $101,597, and Japan at $91,856. In this group, India is last, at $6,513 on a PPP basis and $1,112 on an exchange rate basis, preceded by Indonesia, at $7,973 on a PPP basis and $1,440 using official exchange rates. China appears to be about twice as wealthy as India, having per capita net worth of $11,267 on a PPP basis or 2,613 using official exchange rates.
Download the full study: WIDER WDHW (PDF 1,167KB), Powerpoint presentation (PPT 7,003KB)
$144,000 per Capita household wealth in the USA
$1,100 per Capita household wealth in India
The US is the richest country, with mean wealth estimated at $144,000 per person in the year 2000.4 At the opposite extreme among countries with wealth data, we have India with per capita wealth of about $6,500 in purchasing power parity (PPP) terms. The two low income countries in our sample, India and Indonesia, stand out as having particularly high shares of non-financial wealth.12 This is no surprise since assets such as housing, land, agricultural assets and consumer durables are particularly important in many developing countries. In addition, financial markets are often poorly developed. In India, the only low or middle income country for which we have some detail on financial assets, most of the financial assets owned by households are liquid.India is categorized under the last group consists of 64 low-income countries. This group's collective household net worth on a PPP basis amounted to 8.3 per cent of world wealth, compared to 39.9 per cent of the world’s population and 11.3 per cent of world GDP.
Of the 13 countries for which we have the pertinent data, the US again ranks first in net worth per capita, at $143,857, followed on a PPP basis by Australia at $101,597, and Japan at $91,856. In this group, India is last, at $6,513 on a PPP basis and $1,112 on an exchange rate basis, preceded by Indonesia, at $7,973 on a PPP basis and $1,440 using official exchange rates. China appears to be about twice as wealthy as India, having per capita net worth of $11,267 on a PPP basis or 2,613 using official exchange rates.
Download the full study: WIDER WDHW (PDF 1,167KB), Powerpoint presentation (PPT 7,003KB)
Monday, December 4, 2006
India lost 181.82 crores because of strikes and lockouts
Sutirtho Patranobis, Hindustan Times
New Delhi, December 4, 2006
The numbers are worrying. India lost 13.75 million man-days and incurred Rs 181.82 crore as production-related losses because of strikes and lockouts in the first nine months of 2006, data with Ministry of Labour and Employment has revealed.
The Ministry, however, says the lining of hope is the reduction in the number of strikes and lockouts as compared to 2005 or even 2004. The total number of strikes and lockouts till September 2005 were 397. The corresponding figure for this year is 346.
Minister of State for Labour and Employment Oscar Fernandes told Lok Sabha on Monday that there was no proposal to review the existing mechanism; to avoid strikes as the Industrial Disputes Act of 1947 provides a mechanism to maintain harmonious relationship between employer and employee.
The Act provides a framework for investigation and settlement of the Industrial disputes. It also seeks to regulate illegal strikes and lockouts, and provides protection to the workmen in case of lay-off, retrenchment and closure of establishments.
The declining trend in strikes and lockouts was around 4 per cent in 2005 compared to 2004. During 2004, the rate was 13 per cent as compared to 2003.
West Bengal, though its government is considered to be a progressive one at present, is an easy first among states in terms of losing out on man-days. In 2005, West Bengal was responsible for the loss of 13.99 million man-days or 60.15 per cent of the total man-days lost. In 2004 too, West Bengal led accounting for 17.56 million man-days.
A Ministry official said the definition of a man-day may vary from one company to the other, but on average it comprises a working day of eight hours. He added that while employees trigger strikes, the employer puts lockouts in force. ``Reasons for a lockout could vary from weakening demand of the company's product, resulting losses or indiscipline on the part of workers,'' he said.
The official said the last few years have seen comparative industrial peace with none of the major strikes - with the possible exception of state bank employees' strike that lasted for a few days - having an impact on general life.
New Delhi, December 4, 2006
The numbers are worrying. India lost 13.75 million man-days and incurred Rs 181.82 crore as production-related losses because of strikes and lockouts in the first nine months of 2006, data with Ministry of Labour and Employment has revealed.
The Ministry, however, says the lining of hope is the reduction in the number of strikes and lockouts as compared to 2005 or even 2004. The total number of strikes and lockouts till September 2005 were 397. The corresponding figure for this year is 346.
Minister of State for Labour and Employment Oscar Fernandes told Lok Sabha on Monday that there was no proposal to review the existing mechanism; to avoid strikes as the Industrial Disputes Act of 1947 provides a mechanism to maintain harmonious relationship between employer and employee.
The Act provides a framework for investigation and settlement of the Industrial disputes. It also seeks to regulate illegal strikes and lockouts, and provides protection to the workmen in case of lay-off, retrenchment and closure of establishments.
The declining trend in strikes and lockouts was around 4 per cent in 2005 compared to 2004. During 2004, the rate was 13 per cent as compared to 2003.
West Bengal, though its government is considered to be a progressive one at present, is an easy first among states in terms of losing out on man-days. In 2005, West Bengal was responsible for the loss of 13.99 million man-days or 60.15 per cent of the total man-days lost. In 2004 too, West Bengal led accounting for 17.56 million man-days.
A Ministry official said the definition of a man-day may vary from one company to the other, but on average it comprises a working day of eight hours. He added that while employees trigger strikes, the employer puts lockouts in force. ``Reasons for a lockout could vary from weakening demand of the company's product, resulting losses or indiscipline on the part of workers,'' he said.
The official said the last few years have seen comparative industrial peace with none of the major strikes - with the possible exception of state bank employees' strike that lasted for a few days - having an impact on general life.
Sunday, December 3, 2006
Making Malaysia 2nd home plan more attractive
THE Malaysia My Second Home (MM2H) programme has been in the news again.
The M2H programme was re-launched with new and better incentives (effective from April this year) such as the 10-year social visit pass and multiple-entry visa for successful applicants. After 10 years, it is guaranteed renewable provided the MM2H participants do not violate the laws and rules of this country.
They are also free to stay in Malaysia as often as they like during the 10 years.
They can also import their own car or buy a new one tax-free and they can bring in a maid to Malaysia. Their school-going children will be given student passes to further their studies at international colleges and universities.
Another benefit is that they can obtain up to 80% housing loan as compared with the normal 60% for foreign applicants. There is also no need to obtain Foreign Investment Committee (FIC) approval for purchasing properties in Malaysia.
To qualify for the MM2H programme, successful applicants, single or married, need to open a fixed deposit account of RM300,000 for those aged below 50 years and a fixed deposit of RM150,000 or show proof of monthly off-shore income of RM10,000 for those 50 years and above.
Participants are allowed to withdraw from their fixed deposit account after one year, but withdrawals must be related to house purchase, education for their children in Malaysia and medical purposes. Participants must also maintain a minimum of RM60,000 from the second year onwards and throughout their stay in Malaysia under the programme.
Each participant is allowed to purchase up to two units of residential houses at a minimum price of RM150,000 to RM350,000 and above each, depending on the location of the property (RM350,000 and above each for certain areas in Sarawak; RM250,000 and above each in Penang, Malacca and Johor; and RM150,000 and above in other states).
Some quarters have lauded the Government’s pro-active move to attract more such foreign retirees to our shores. However, there are also those who feel that the fixed deposit account should be raised to US$500,000 (RM1.84mil) to ensure that the programme attracts the right target groups.
Those advocating it may do it for their own self-interest, as they may want only the rich foreigners to buy their high-end homes.
Now, allow me to give my observations.
Fact 1: Malaysia with its bountiful natural surroundings (beaches, greenery and tropical rainforest), and plenty of sunshine with no natural calamities is a very attractive place for foreign tourists. It is also an ideal place to spend one’s retirement, as the cost of living is comparatively lower than in many countries.
This is not to mention our hospitable nature, good food and modern amenities, and infrastructure. We also have a wide range of good residential properties from condominiums to elegant houses within a gated and guarded community for our foreign guests to buy.
Fact 2: There are many foreigners who are seriously contemplating making Malaysia not just their second home but their permanent home, too. They are keen but unsure whom to approach and what the latest regulations are because rules keep changing.
However, is this the whole and honest picture that we are presenting to foreigners? I looked through one of the MM2H websites and it was mentioned that our crime rate was relatively low.
Fact 3: I do not think our crime rate is low. Cases of snatch thefts, robberies and what have you are becoming very rampant these days. More and more people are living in fear even in their own “fortress” and such homes have been burgled (as reported in a recent case in Sri Hartamas).
In order to make Malaysia an attractive place to live in, we must tackle the crime issue first. I know of Malaysians who are so fed up with being robbed that they are planning to leave this country.
Fact 4: The terrible haze that envelops us every year for the past 10 years or so is driving Malaysians up the wall. Are foreigners ready for this?
Fact 5: Why the rule on fixed deposit when thousands of illegal foreigners have set up their “second homes” here for free? It is understood that many of them have stayed in Malaysia for years and a few have waved their MyKad at me and assimilated into
the community.
Having said that, I feel the new financial requirement is quite adequate to enable the average foreigner to afford our homes.
Perhaps, extra incentives like eventually giving permanent resident status or even citizenship to high net worth individuals who bring in a higher amount under the MM2H programme.
Allow these participants to rent out their properties. After all, their Malaysian property is supposed to be their second home and it may be left vacant when they return to their first home.
For More Details, Visit
http://www.imi.gov.my/ENG/im_MalaysiaMy2Home.asp
http://mm2h.motour.gov.my/cms/index.php?n=en
The M2H programme was re-launched with new and better incentives (effective from April this year) such as the 10-year social visit pass and multiple-entry visa for successful applicants. After 10 years, it is guaranteed renewable provided the MM2H participants do not violate the laws and rules of this country.
They are also free to stay in Malaysia as often as they like during the 10 years.
They can also import their own car or buy a new one tax-free and they can bring in a maid to Malaysia. Their school-going children will be given student passes to further their studies at international colleges and universities.
Another benefit is that they can obtain up to 80% housing loan as compared with the normal 60% for foreign applicants. There is also no need to obtain Foreign Investment Committee (FIC) approval for purchasing properties in Malaysia.
To qualify for the MM2H programme, successful applicants, single or married, need to open a fixed deposit account of RM300,000 for those aged below 50 years and a fixed deposit of RM150,000 or show proof of monthly off-shore income of RM10,000 for those 50 years and above.
Participants are allowed to withdraw from their fixed deposit account after one year, but withdrawals must be related to house purchase, education for their children in Malaysia and medical purposes. Participants must also maintain a minimum of RM60,000 from the second year onwards and throughout their stay in Malaysia under the programme.
Each participant is allowed to purchase up to two units of residential houses at a minimum price of RM150,000 to RM350,000 and above each, depending on the location of the property (RM350,000 and above each for certain areas in Sarawak; RM250,000 and above each in Penang, Malacca and Johor; and RM150,000 and above in other states).
Some quarters have lauded the Government’s pro-active move to attract more such foreign retirees to our shores. However, there are also those who feel that the fixed deposit account should be raised to US$500,000 (RM1.84mil) to ensure that the programme attracts the right target groups.
Those advocating it may do it for their own self-interest, as they may want only the rich foreigners to buy their high-end homes.
Now, allow me to give my observations.
Fact 1: Malaysia with its bountiful natural surroundings (beaches, greenery and tropical rainforest), and plenty of sunshine with no natural calamities is a very attractive place for foreign tourists. It is also an ideal place to spend one’s retirement, as the cost of living is comparatively lower than in many countries.
This is not to mention our hospitable nature, good food and modern amenities, and infrastructure. We also have a wide range of good residential properties from condominiums to elegant houses within a gated and guarded community for our foreign guests to buy.
Fact 2: There are many foreigners who are seriously contemplating making Malaysia not just their second home but their permanent home, too. They are keen but unsure whom to approach and what the latest regulations are because rules keep changing.
However, is this the whole and honest picture that we are presenting to foreigners? I looked through one of the MM2H websites and it was mentioned that our crime rate was relatively low.
Fact 3: I do not think our crime rate is low. Cases of snatch thefts, robberies and what have you are becoming very rampant these days. More and more people are living in fear even in their own “fortress” and such homes have been burgled (as reported in a recent case in Sri Hartamas).
In order to make Malaysia an attractive place to live in, we must tackle the crime issue first. I know of Malaysians who are so fed up with being robbed that they are planning to leave this country.
Fact 4: The terrible haze that envelops us every year for the past 10 years or so is driving Malaysians up the wall. Are foreigners ready for this?
Fact 5: Why the rule on fixed deposit when thousands of illegal foreigners have set up their “second homes” here for free? It is understood that many of them have stayed in Malaysia for years and a few have waved their MyKad at me and assimilated into
the community.
Having said that, I feel the new financial requirement is quite adequate to enable the average foreigner to afford our homes.
Perhaps, extra incentives like eventually giving permanent resident status or even citizenship to high net worth individuals who bring in a higher amount under the MM2H programme.
Allow these participants to rent out their properties. After all, their Malaysian property is supposed to be their second home and it may be left vacant when they return to their first home.
For More Details, Visit
http://www.imi.gov.my/ENG/im_MalaysiaMy2Home.asp
http://mm2h.motour.gov.my/cms/index.php?n=en
Friday, December 1, 2006
The Judiciary: Cutting Edge Of A Predator State
Author of this article, Mr. Prashant Bhushan is a senior lawyer in the Supreme Court of India.
At a time when the dominant class in India is obsessed with power and when India appears to be at the threshold of becoming an “economic and military superpower”, it is interesting that Tehelka has organized this seminar called, “The summit of the powerless”. Though one hardly sees any powerless people here, or even many who represent them, it is still important that a meeting on this theme has been organized by Tehelka.
It is this obsession with power which is the driving force behind the vision of India of the ruling elite of this country. That is why we see the frequent “power summits” being organized by major media organizations which are dominated by talk of India as an “emerging superpower”, with a booming sensex and a GDP growth poised to reach 8, 9 and even 10%. And it is this power crazed libido of the elite which have made them the cheerleaders of the government which is straining to become the Asian right hand of the United States. This single minded pursuit of a strategic relationship with the US has made us lose our moral bearings as we vote against our old friends like Iran and keep quiet on unimaginable atrocities being committed by the US in Iraq and by Israel in Palestine.
What kind of society is this “power driven” vision of India producing. While the elite celebrate the booming sensex, the consumer boom among the middle classes which the spectacular GDP growth appear to be giving them, the poor are pushed to greater and greater destitution, as the agricultural economy collapses and they are sought to be deprived of whatever little they have in terms of land and other natural resources. After all, when agriculture is not contributing to the GDP growth, why not take away the land, water and other resources from agriculture and give them to the sectors which are leading the growth-the SEZs and the IT industry for example. That (and the opportunity for a real estate killing) explains the stampede for setting up SEZs and IT parks, which will be high growth privileged enclaves, helped no doubt by the cheap compulsory acquisition of land, the absence of taxes, labour and environmental laws. They are envisioned almost as private and self governing States with their own police and courts. It makes no difference to those who hope to occupy these enclaves that India is almost at the bottom of the heap in terms of the Human Development Index, in terms of the percentage of people in the country who have access to housing, food, water, sanitation, education and healthcare.
So as the rural economy is destroyed (partly by agricultural imports) and the poor are deprived of their land, their forests, their water and indeed all their resources, to make way for mining leases, dams, SEZs and IT parks, all of which augur faster GDP growth, the poor get pushed to suicide or to urban slums. Here they struggle for existence in subhuman conditions with no sanitation, water, electricity, and always at the mercy of the weather, corrupt policemen and municipal officials. These slums often exist side by side with luxurious enclaves of the ultra rich who pass by them with barely a scornful glance and regard them as a nuisance who should be put away beyond their gaze. And if the government cannot accomplish that, there are always the courts to lend a helping hand. In the past two years about 2 lakh slum dwellers from the Yamuna Pushta and other Jhuggi colonies of Delhi have been removed on the orders of the court and thrown to the streets or dumped in the boondocks of Bawana (40 Kms from Delhi) and without any sanitation, water, electricity or even drainage. It would be surprising if many of them do not become criminals or join the ranks of naxalites who have come to control greater and greater parts of the country.
What kind of society are we creating? A society which is not only deeply divided in economic classes with a vast chasm dividing them, but also one where the preoccupations of the dominant classes are becoming increasingly crassly materialistic, narcissistic and base. If one were to examine the content of the mainstream electronic media-even news channels, particularly private channels which are the main source of information and entertainment for the middle class elite, one would find that it is characterized by an increasingly vacuous intellectual content and pandering more and more to the baser instincts of sex, violence and a morbid fascination for gossip particularly about the private lives of Bollywood stars. Stories about real people and serious public interest issues have been reduced to mere sound bytes of a few seconds. The interest of the middle classes in and their attention span for serious issues of public interest have been reduced to a vanishing point, as the culture of consumerism and self indulgence has taken over contemporary society. Even as scientific evidence piles up about how the world is headed towards environmental catastrophe due to global warming, not many among our well to do elite have even bothered to understand the issue, let alone bother about tackling the problem. They are oblivious of and unconcerned about the disaster which will certainly affect their children if not themselves during their lifetimes.
A sickness afflicts the soul of the dominant elite of India today. It is a sickness which has led to a total loss of vision and has made us lose our moral bearings. It is this sickness which is allowing us to celebrate our great GDP growth and our emerging superpower status when the majority of our countrymen sink to deeper and deeper depths of destitution and despair. It is this sickness which allows us to rejoice in our becoming the main sidekick of the global bully, while we shut our eyes to the enormous injustice being done to the oppressed people of Iraq, Palestine and other countries at the receiving end of the bully’s muscle. It is this sickness which has produced the vision of the State as the facilitator of this rapaciously exploitative model of development. A vision where the State’s role is seen as an institution which tries to facilitate the maximization of GDP growth. Which naturally requires the State to withdraw from its welfare obligations and facilitate a privatized society run on laissez faire economics. After all, private enterprise, run on the profit motive is the best bet for maximizing GDP growth. It is this model which snatches land from the farmer for the SEZs, the IT parks and the mines. That vision is producing a society which is intoxicated with a kind of development and feeling of “power” which are sowing the seeds of its own destruction in not too far a future. We have become a society of many Neros who are fiddling while the country is on fire.
It is not surprising then that the “powerless” regard the State as predator rather than protector. Even more unfortunately, the recent role of the judiciary which was mandated by the constitution to protect the rights of the people is making it appear as if it has become the cutting edge of a predator State.
There was a time, not so long ago, when the Supreme Court of India waxed eloquent about the Fundamental right to life and liberty guaranteed by Article 21 of the Constitution to include all that it takes to lead a decent and dignified life. They thus held that the right to life includes the right to Food, the right to employment and the right to shelter: in other words, the right to all the basic necessities of life. That was in the roaring 80’s when a new tool of public interest litigation was fashioned where anyone could invoke the jurisdiction of the Courts even by writing a post card on behalf of the poor and disadvantaged who were too weak to approach the courts themselves. It seemed that a new era was dawning and that the courts were emerging as a new liberal instrument within the State which the poor could access to get some respite from the various excesses and assaults of the executive.
Alas, all that seems a distant dream now, given the recent role of the courts in not just failing to protect the rights of the poor that they had themselves declared not long ago, but in fact spearheading the massive assault on the poor since the era of economic liberalization. This is happening in case after case, whether they are of the tribal oustees of the Narmada Dam, or the urban slum dwellers whose homes are being ruthlessly bulldozed without notice and without rehabilitation, on the orders of the court, or the urban hawkers and rickshaw pullers of Delhi and Mumbai who have been ordered to be removed from the streets again on the orders of the court. Public interest litigation has been turned on its head. Instead of being used to protect the rights of the poor, it is now being used by commercial interests and the upper middle classes to launch a massive assault in the poor in the drive to take over urban spaces and even rural land occupied by the poor, for commercial development. While the lands of the rural poor are being compulsorily taken over for commercial real estate development for the wealthy, the urban poor are being evicted from the public land that they have been occupying for decades for commercial development by big builders, for shopping malls and housing for the wealthy. Roadside hawkers are being evicted on the orders of the Courts (which will ensure that people will shop only in these shopping malls). All this is being done, not only in violation of the rights of the poor declared by the Courts, but also in violation of the policies for slum dwellers and hawkers which have been formulated by the governments. Usually these actions of the Court seem to have the tacit and covert approval of the government (and the court is used to do what a democratically accountable government cannot do). Let us examine a few of these cases.
In the Narmada case, the Court recently refused to restrain further construction of the Dam which would submerge thousands of families without rehabilitation even when it was clear that this was not only in violation of the Narmada Tribunal Award, but against their declared fundamental rights. The court’s behaviour in first refusing to hear the matter, then repeatedly adjourning it, then allowing the construction to be completed on the specious ground that they needed the report of the Shunglu Committee, clearly demonstrated a total lack of sensitivity to the oustees and a total subordination of their rights to the commercial interests of those industrialists led by Narendra Modi who are eyeing the Narmada waters for their industries, water parks and golf courses. The gap between the rhetoric and the actions of the Court could not be more yawning.
Meanwhile, as the Narmada oustees were being submerged without rehabilitation, a massive programme of urban displacement of slum dwellers without rehabilitation was being carried out in Delhi and Bombay, also on the orders of the High Courts. Sometimes on the applications of upper middle class colonies, sometimes on their own, the Courts have been issuing a spate of orders for clearing slums by bulldozing the jhuggis on them, on the ground that they are on public land. Some of this is being done with the tacit approval of the government, such as the slums on the banks of the Yamuna which are being cleared for making way for the constructions for the Commonwealth games. And all this, without even issuing notices to the slum dwellers, in violation of the principles of natural justice.
This was not all. The Court’s relentless assaults on the poor continued with the Supreme Court ordering the eviction of Hawkers from the streets of Bombay and Delhi. Again, turning their backs on Constitution bench judgements of the Court that Hawkers have a fundamental right to hawk on the streets, which could however be regulated, the Court now observed that streets exist primarily for traffic. They thus ordered the Municipality and the police to remove the “unlicenced hawkers” from the streets of Delhi. All this again without any notice or hearing to the hawkers. This effectively meant that almost all the more than 1.5 lakh hawkers would be placed at the mercy of the authorities, since less than 3 percent had been given licences.
More recently, the Delhi High Court has ordered the removal of rickshaws from the Chandni Chowk area, ostensively to pave the way for CNG buses. This order will not only deprive tens of thousands of rickshaw pullers of a harmless and environmentally friendly source of livelihood, it will also cause enormous inconvenience to tens of thousands of commuters who use that mode of transport.
Several recent judgements of the court have grossly diluted the various labour laws which were enacted to protect the rights of workers. The government has been wanting to dilute these laws for bringing about what they call “labour reforms”, in line with the new economic policies, but they have been unable to do so because of political opposition. The courts have thus stepped in to do what the government cannot do politically. They have not only diluted the protection afforded to workmen by various laws but have openly stated that the Court’s interpretation of the Laws must be in line with the government’s new economic policy- a fantastic proposition which means that the executive government can override parliamentary legislation by executive policy. The same proposition was enunciated by the Supreme Court in the Mauritius double taxation case, where the court said that the government can by executive notification give a tax holiday to Mauritius based companies, even though it is well settled that tax exemptions can only be given by the Finance Act which has to be passed by Parliament. Thus we find that the Courts are becoming a convenient instrument for the government to bypass Parliament and implement executive policy which is in violation of even Parliamentary legislation. This congruence of interest between the executive and the courts is most common when it comes to policies which are designed to benefit the wealthy elite.
One important reason why the court can do such things is because it is completely unaccountable. The executive government must seek reelection every 5 years which acts as a restraint on its anti poor policies. The court has no such restraint. There is no disciplinary authority over judges, with the system of impeachment having been found to be completely impractical. On top of this, the Supreme Court has by a self serving judgement removed judges from accountability from even criminal acts by declaring that no criminal investigation can be conducted against judges without the prior approval of the Chief Justice of India. This has resulted in a situation where no criminal investigation has been conducted against any judge in the last 15 years since this judgement despite common knowledge of widespread corruption in the judiciary. Even serious public criticism and scrutiny of the judiciary has been effectively barred by the threat of contempt of Court. And now, they have effectively declared themselves as exempt from even the right to information Act. Is it surprising then that they suffer from judicial arrogance which enables them to deliver such judgements.
This has bred and is continuing to breed enormous resentment among the poor and the destitute. Feeling helpless and abandoned, nay violated by every organ of the State, particularly the judiciary, many are committing suicides, but some are taking to violence. That explains the growing cadres of the Maoists who now control many districts and even States like Chhatisgarh. The government and the ruling establishment thinks that they can deal with this menace by stongarm military methods. That explains why the government relies more and more on the advice of former cops like Gill and Narayanan and why there is talk of using the Army and Air Force against the Maoists. Tribals in Chhattisgarh are being forced to join a mercenary army funded by the State by the name of Salva Judum to fight the Maoists. But all this will breed more Maoists. No insurrection bred out of desperation can be quelled by strongarm tactics. The very tactics breed more misery and desperation and will push more people to the Maoists.
Unless urgent steps are taken to correct the course that the elite establishment of this country is embarked upon, we will soon have an insurgency on our hands which will be impossible to control. Then, when the history of the country’s descent towards violence and chaos is written, the judiciary of the country can claim pride of place among those who speeded up this process.
We desperately and urgently need a new vision for the country as well as for the judiciary. We need to rediscover and perhaps reinvent the concept of the State as a welfare State. Our judiciary was created by the British who created it mainly to protect the interests of the empire. That is one of the reasons why it in inaccessible to the common people. We need to reinvent the judiciary in line with a new vision for India. A judiciary which will really be people friendly, which can be accessed without the mediation of professional lawyers and which will consider it its mission to protect the rights of the poor. Unless we can demonstrate the capacity to form that vision and translate in into action, we are headed for serious trouble.
At a time when the dominant class in India is obsessed with power and when India appears to be at the threshold of becoming an “economic and military superpower”, it is interesting that Tehelka has organized this seminar called, “The summit of the powerless”. Though one hardly sees any powerless people here, or even many who represent them, it is still important that a meeting on this theme has been organized by Tehelka.
It is this obsession with power which is the driving force behind the vision of India of the ruling elite of this country. That is why we see the frequent “power summits” being organized by major media organizations which are dominated by talk of India as an “emerging superpower”, with a booming sensex and a GDP growth poised to reach 8, 9 and even 10%. And it is this power crazed libido of the elite which have made them the cheerleaders of the government which is straining to become the Asian right hand of the United States. This single minded pursuit of a strategic relationship with the US has made us lose our moral bearings as we vote against our old friends like Iran and keep quiet on unimaginable atrocities being committed by the US in Iraq and by Israel in Palestine.
What kind of society is this “power driven” vision of India producing. While the elite celebrate the booming sensex, the consumer boom among the middle classes which the spectacular GDP growth appear to be giving them, the poor are pushed to greater and greater destitution, as the agricultural economy collapses and they are sought to be deprived of whatever little they have in terms of land and other natural resources. After all, when agriculture is not contributing to the GDP growth, why not take away the land, water and other resources from agriculture and give them to the sectors which are leading the growth-the SEZs and the IT industry for example. That (and the opportunity for a real estate killing) explains the stampede for setting up SEZs and IT parks, which will be high growth privileged enclaves, helped no doubt by the cheap compulsory acquisition of land, the absence of taxes, labour and environmental laws. They are envisioned almost as private and self governing States with their own police and courts. It makes no difference to those who hope to occupy these enclaves that India is almost at the bottom of the heap in terms of the Human Development Index, in terms of the percentage of people in the country who have access to housing, food, water, sanitation, education and healthcare.
So as the rural economy is destroyed (partly by agricultural imports) and the poor are deprived of their land, their forests, their water and indeed all their resources, to make way for mining leases, dams, SEZs and IT parks, all of which augur faster GDP growth, the poor get pushed to suicide or to urban slums. Here they struggle for existence in subhuman conditions with no sanitation, water, electricity, and always at the mercy of the weather, corrupt policemen and municipal officials. These slums often exist side by side with luxurious enclaves of the ultra rich who pass by them with barely a scornful glance and regard them as a nuisance who should be put away beyond their gaze. And if the government cannot accomplish that, there are always the courts to lend a helping hand. In the past two years about 2 lakh slum dwellers from the Yamuna Pushta and other Jhuggi colonies of Delhi have been removed on the orders of the court and thrown to the streets or dumped in the boondocks of Bawana (40 Kms from Delhi) and without any sanitation, water, electricity or even drainage. It would be surprising if many of them do not become criminals or join the ranks of naxalites who have come to control greater and greater parts of the country.
What kind of society are we creating? A society which is not only deeply divided in economic classes with a vast chasm dividing them, but also one where the preoccupations of the dominant classes are becoming increasingly crassly materialistic, narcissistic and base. If one were to examine the content of the mainstream electronic media-even news channels, particularly private channels which are the main source of information and entertainment for the middle class elite, one would find that it is characterized by an increasingly vacuous intellectual content and pandering more and more to the baser instincts of sex, violence and a morbid fascination for gossip particularly about the private lives of Bollywood stars. Stories about real people and serious public interest issues have been reduced to mere sound bytes of a few seconds. The interest of the middle classes in and their attention span for serious issues of public interest have been reduced to a vanishing point, as the culture of consumerism and self indulgence has taken over contemporary society. Even as scientific evidence piles up about how the world is headed towards environmental catastrophe due to global warming, not many among our well to do elite have even bothered to understand the issue, let alone bother about tackling the problem. They are oblivious of and unconcerned about the disaster which will certainly affect their children if not themselves during their lifetimes.
A sickness afflicts the soul of the dominant elite of India today. It is a sickness which has led to a total loss of vision and has made us lose our moral bearings. It is this sickness which is allowing us to celebrate our great GDP growth and our emerging superpower status when the majority of our countrymen sink to deeper and deeper depths of destitution and despair. It is this sickness which allows us to rejoice in our becoming the main sidekick of the global bully, while we shut our eyes to the enormous injustice being done to the oppressed people of Iraq, Palestine and other countries at the receiving end of the bully’s muscle. It is this sickness which has produced the vision of the State as the facilitator of this rapaciously exploitative model of development. A vision where the State’s role is seen as an institution which tries to facilitate the maximization of GDP growth. Which naturally requires the State to withdraw from its welfare obligations and facilitate a privatized society run on laissez faire economics. After all, private enterprise, run on the profit motive is the best bet for maximizing GDP growth. It is this model which snatches land from the farmer for the SEZs, the IT parks and the mines. That vision is producing a society which is intoxicated with a kind of development and feeling of “power” which are sowing the seeds of its own destruction in not too far a future. We have become a society of many Neros who are fiddling while the country is on fire.
It is not surprising then that the “powerless” regard the State as predator rather than protector. Even more unfortunately, the recent role of the judiciary which was mandated by the constitution to protect the rights of the people is making it appear as if it has become the cutting edge of a predator State.
There was a time, not so long ago, when the Supreme Court of India waxed eloquent about the Fundamental right to life and liberty guaranteed by Article 21 of the Constitution to include all that it takes to lead a decent and dignified life. They thus held that the right to life includes the right to Food, the right to employment and the right to shelter: in other words, the right to all the basic necessities of life. That was in the roaring 80’s when a new tool of public interest litigation was fashioned where anyone could invoke the jurisdiction of the Courts even by writing a post card on behalf of the poor and disadvantaged who were too weak to approach the courts themselves. It seemed that a new era was dawning and that the courts were emerging as a new liberal instrument within the State which the poor could access to get some respite from the various excesses and assaults of the executive.
Alas, all that seems a distant dream now, given the recent role of the courts in not just failing to protect the rights of the poor that they had themselves declared not long ago, but in fact spearheading the massive assault on the poor since the era of economic liberalization. This is happening in case after case, whether they are of the tribal oustees of the Narmada Dam, or the urban slum dwellers whose homes are being ruthlessly bulldozed without notice and without rehabilitation, on the orders of the court, or the urban hawkers and rickshaw pullers of Delhi and Mumbai who have been ordered to be removed from the streets again on the orders of the court. Public interest litigation has been turned on its head. Instead of being used to protect the rights of the poor, it is now being used by commercial interests and the upper middle classes to launch a massive assault in the poor in the drive to take over urban spaces and even rural land occupied by the poor, for commercial development. While the lands of the rural poor are being compulsorily taken over for commercial real estate development for the wealthy, the urban poor are being evicted from the public land that they have been occupying for decades for commercial development by big builders, for shopping malls and housing for the wealthy. Roadside hawkers are being evicted on the orders of the Courts (which will ensure that people will shop only in these shopping malls). All this is being done, not only in violation of the rights of the poor declared by the Courts, but also in violation of the policies for slum dwellers and hawkers which have been formulated by the governments. Usually these actions of the Court seem to have the tacit and covert approval of the government (and the court is used to do what a democratically accountable government cannot do). Let us examine a few of these cases.
In the Narmada case, the Court recently refused to restrain further construction of the Dam which would submerge thousands of families without rehabilitation even when it was clear that this was not only in violation of the Narmada Tribunal Award, but against their declared fundamental rights. The court’s behaviour in first refusing to hear the matter, then repeatedly adjourning it, then allowing the construction to be completed on the specious ground that they needed the report of the Shunglu Committee, clearly demonstrated a total lack of sensitivity to the oustees and a total subordination of their rights to the commercial interests of those industrialists led by Narendra Modi who are eyeing the Narmada waters for their industries, water parks and golf courses. The gap between the rhetoric and the actions of the Court could not be more yawning.
Meanwhile, as the Narmada oustees were being submerged without rehabilitation, a massive programme of urban displacement of slum dwellers without rehabilitation was being carried out in Delhi and Bombay, also on the orders of the High Courts. Sometimes on the applications of upper middle class colonies, sometimes on their own, the Courts have been issuing a spate of orders for clearing slums by bulldozing the jhuggis on them, on the ground that they are on public land. Some of this is being done with the tacit approval of the government, such as the slums on the banks of the Yamuna which are being cleared for making way for the constructions for the Commonwealth games. And all this, without even issuing notices to the slum dwellers, in violation of the principles of natural justice.
This was not all. The Court’s relentless assaults on the poor continued with the Supreme Court ordering the eviction of Hawkers from the streets of Bombay and Delhi. Again, turning their backs on Constitution bench judgements of the Court that Hawkers have a fundamental right to hawk on the streets, which could however be regulated, the Court now observed that streets exist primarily for traffic. They thus ordered the Municipality and the police to remove the “unlicenced hawkers” from the streets of Delhi. All this again without any notice or hearing to the hawkers. This effectively meant that almost all the more than 1.5 lakh hawkers would be placed at the mercy of the authorities, since less than 3 percent had been given licences.
More recently, the Delhi High Court has ordered the removal of rickshaws from the Chandni Chowk area, ostensively to pave the way for CNG buses. This order will not only deprive tens of thousands of rickshaw pullers of a harmless and environmentally friendly source of livelihood, it will also cause enormous inconvenience to tens of thousands of commuters who use that mode of transport.
Several recent judgements of the court have grossly diluted the various labour laws which were enacted to protect the rights of workers. The government has been wanting to dilute these laws for bringing about what they call “labour reforms”, in line with the new economic policies, but they have been unable to do so because of political opposition. The courts have thus stepped in to do what the government cannot do politically. They have not only diluted the protection afforded to workmen by various laws but have openly stated that the Court’s interpretation of the Laws must be in line with the government’s new economic policy- a fantastic proposition which means that the executive government can override parliamentary legislation by executive policy. The same proposition was enunciated by the Supreme Court in the Mauritius double taxation case, where the court said that the government can by executive notification give a tax holiday to Mauritius based companies, even though it is well settled that tax exemptions can only be given by the Finance Act which has to be passed by Parliament. Thus we find that the Courts are becoming a convenient instrument for the government to bypass Parliament and implement executive policy which is in violation of even Parliamentary legislation. This congruence of interest between the executive and the courts is most common when it comes to policies which are designed to benefit the wealthy elite.
One important reason why the court can do such things is because it is completely unaccountable. The executive government must seek reelection every 5 years which acts as a restraint on its anti poor policies. The court has no such restraint. There is no disciplinary authority over judges, with the system of impeachment having been found to be completely impractical. On top of this, the Supreme Court has by a self serving judgement removed judges from accountability from even criminal acts by declaring that no criminal investigation can be conducted against judges without the prior approval of the Chief Justice of India. This has resulted in a situation where no criminal investigation has been conducted against any judge in the last 15 years since this judgement despite common knowledge of widespread corruption in the judiciary. Even serious public criticism and scrutiny of the judiciary has been effectively barred by the threat of contempt of Court. And now, they have effectively declared themselves as exempt from even the right to information Act. Is it surprising then that they suffer from judicial arrogance which enables them to deliver such judgements.
This has bred and is continuing to breed enormous resentment among the poor and the destitute. Feeling helpless and abandoned, nay violated by every organ of the State, particularly the judiciary, many are committing suicides, but some are taking to violence. That explains the growing cadres of the Maoists who now control many districts and even States like Chhatisgarh. The government and the ruling establishment thinks that they can deal with this menace by stongarm military methods. That explains why the government relies more and more on the advice of former cops like Gill and Narayanan and why there is talk of using the Army and Air Force against the Maoists. Tribals in Chhattisgarh are being forced to join a mercenary army funded by the State by the name of Salva Judum to fight the Maoists. But all this will breed more Maoists. No insurrection bred out of desperation can be quelled by strongarm tactics. The very tactics breed more misery and desperation and will push more people to the Maoists.
Unless urgent steps are taken to correct the course that the elite establishment of this country is embarked upon, we will soon have an insurgency on our hands which will be impossible to control. Then, when the history of the country’s descent towards violence and chaos is written, the judiciary of the country can claim pride of place among those who speeded up this process.
We desperately and urgently need a new vision for the country as well as for the judiciary. We need to rediscover and perhaps reinvent the concept of the State as a welfare State. Our judiciary was created by the British who created it mainly to protect the interests of the empire. That is one of the reasons why it in inaccessible to the common people. We need to reinvent the judiciary in line with a new vision for India. A judiciary which will really be people friendly, which can be accessed without the mediation of professional lawyers and which will consider it its mission to protect the rights of the poor. Unless we can demonstrate the capacity to form that vision and translate in into action, we are headed for serious trouble.
My fake passports and me : Shahida Tulaganova
| SHAHIDA'S PASSPORTS  UK, Germany France, Italy Sweden, Denmark Finland, Estonia Netherlands, Belgium Spain, Portugal Greece, Slovenia Czech Republic, Poland Austria, Slovakia Lithuania, Latvia |
I am from the former Soviet state of Uzbekistan but I have a British passport, which I got by living and working as a journalist in the UK for 10 years.
Here I am, in a tiny cafe right smack in the centre of London, learning how to go about getting a fake passport.
I am attending an informal seminar led by a passport dealer, along with six hopefuls who are living illegally in the UK.
We are told that all our problems can be solved by a "high quality" Czech passport. It will take just two weeks to obtain and cost a mere £1,500.
This may already sound surreal enough, but it was just the beginning of my journey across Europe in search of fake passports from all 25 EU member states.
My goal was to put some of them to the test at Britain's border controls.
Smuggling tips
Since the former Eastern bloc countries joined the EU in 2004, hundreds of thousands of Poles, Czechs, Lithuanians and others have come to work legally in Britain.
EU expansion opened a world of opportunity for those with the knowledge and skill to forge the passports of these countries for citizens of non-EU neighbouring countries.
And it turns out that getting fake passports is neither very difficult nor very expensive.
I am in the biggest open air market in Warsaw and it looks like there are plenty of people who are happy to help me.
I am directed to somebody who introduces me to somebody else, and finally I end up face to face with two innocent-looking pensioners.
They say that for just 300 euros they can get me a Polish passport in less than 24 hours.
This deal falls through, but another dealer has delivered Polish and Lithuanian passports, complete with my own photos and two different identities.
I also get my first tips about how to get into Britain: "Look smart and confident, avoid airports if possible and don't bring lots of bags with you," he says.
At another market - this one in Hungary - among the counterfeit Chinese goods, I find a Syrian man who agrees to help me in the name of Muslim solidarity.
Among the dealers I met, most were confident that their passports would get me into Britain.
One was so sure he said I did not have to pay until I had crossed into Britain. And another one offered me an insurance policy on his passport.
"It costs more but it's guaranteed. If by bad luck you do get caught your next passport is on us," he said.
I had good luck most of the time, mainly because I turned out to be better liar than even I expected.
Although the passport dealers were in a sense exploiting me, many of them were friendly and sympathetic to my supposed plight.
Since I was setting up various passport deals in various different countries simultaneously, I had to do a lot of travelling - including trips to Greece, Spain, Lithuania, Slovakia, Estonia and Luxembourg.
My quest came to an ugly end in Bulgaria, which has a reputation for being the source of some of the highest quality fake documents.
There I met an Albanian gangster who promised to obtain five fake passports for me.
I told him I needed five passports in order to pull off a benefit fraud in the UK.
He believed me.
After three weeks of negotiations on the outskirts of Sofia, the deal was all set.
Late at night I met with the Albanian to get the five passports with my hard cash in hand and a sense of foreboding.
I was right to feel nervous - the Albanian had no passports for me.
When I refused payment, he pulled out a sharp knife and took my cash anyway.
In not-so-beautiful downtown Sofia I ended my hunt for passports, and given what could have happened, I call it a happy end.
Twenty fake passports were more than enough to prove my point.
It took me just five months to get 20 fake EU passports.
Some of them were of the very best quality and were unlikely to be spotted as fakes by even the most stringent of border controls.
This meant that once in the UK I could start a new life with somebody else's identity, find work, open a bank account and eventually become a British citizen.
I met many immigrants in the UK on fake identities and passports.
Many of them were here only for work, but I also met quite a few dodgy characters who are dealing with banking scams and benefit fraud.
The first time I tested out my fake passports, I travelled on the ferry from Bilbao, Spain to Portsmouth, having been told border controls are most lax at Britain's seaports.
The immigration officer scrutinised the passport - my fake Latvian - but let me pass through. But then officer approached me and took me into a separate room for questioning, but after a few questions let me go.
My second border crossing was at Waterloo Station, where I arrived from Brussels on the Eurostar. I was advised against taking this route by all of the passport dealers, who said that the double border controls were tough at the Eurostar terminals.
But they were not tough enough: my fake Estonian passport did the job. And this time there was no additional interrogation.
If I can get in so easily to Britain on not one, but two fake passports, just think who else could get in?
Britain fails fake passport test
BBC News, Friday, 1 December 2006,
Serious questions have been raised over Britain's border security after a BBC journalist entered the UK twice on fake and stolen passports.
Shahida Tulaganov obtained 20 illegal passports - each from an EU country, including the UK - within months.
Those in the trade told her to travel via sea or bus, saying port security was less stringent than airports.
The Home Office said it works closely with the EU to tackle the crime, taking the issue of false documents seriously.
In 2004, 8,285 fraudulent documents were detected at UK ports of entry, according to Home Office figures.
Entering the UK on a fake or stolen passport carries a maximum sentence of 10 years in jail, while making a false statement to obtain a passport can lead to a prison sentence of up to two years.
Shahida travelled across Europe to obtain her false documents for her Panorama investigation.
They ranged in price from just £250 to more than £1,500. Some were provided within several days, while others took weeks.
She found her first illegal passport dealer in the centre of London - through an advertisement in a Russian language newspaper.
The dealer - Henry - provided her with a genuine Czech passport, by getting someone who looked like her to apply for one, using her photo.
Forgery detection
Shahida's investigation poses questions over the number of non-EU nationals entering Britain on illegal passports. She uses Poland as an example.
"Since [Poland] country joined the EU less than two years ago a quarter of a million Poles have left and legally registered for work in Britain," she says.
"But if my contacts are right, many of these may not have been Poles at all, but illegal immigrants using fake passports."
Shahida enters Britain via boat - from Spain to Portsmouth - on a fake Latvian passport, and then later on the Eurostar using a stolen Estonian passport.
Despite information on stolen passports being registered to a central Interpol database, her Estonian passport goes undetected.
The Home Office says there is a "comprehensive bilateral exchange of information between member states regarding the issue of lost and stolen EU passports".
It maintains that in addition to this, all immigration officers are highly trained in identifying false documents.
"All our immigration officers at British ports are trained in forgery detection techniques and have access to specialist forgery detection equipment," a spokesperson said.
The government has also introduced biometric e-passports with images securely stored inside chips, in an attempt to combat forgery and improve the security of British passports.
Panorama: My Fake Passports and Me will be broadcast on Monday, 4 December, 2006 at 2100 GMT on BBC One.
Serious questions have been raised over Britain's border security after a BBC journalist entered the UK twice on fake and stolen passports.
Shahida Tulaganov obtained 20 illegal passports - each from an EU country, including the UK - within months.
Those in the trade told her to travel via sea or bus, saying port security was less stringent than airports.
SHAHIDA'S PASSPORTS
UK, Germany
France, Italy
Sweden, Denmark
Finland, Estonia
Netherlands, Belgium
Spain, Portugal
Greece, Slovenia
Czech Republic, Poland
Austria, Slovakia
Lithuania, Latvia
The Home Office said it works closely with the EU to tackle the crime, taking the issue of false documents seriously.
In 2004, 8,285 fraudulent documents were detected at UK ports of entry, according to Home Office figures.
Entering the UK on a fake or stolen passport carries a maximum sentence of 10 years in jail, while making a false statement to obtain a passport can lead to a prison sentence of up to two years.
Shahida travelled across Europe to obtain her false documents for her Panorama investigation.
They ranged in price from just £250 to more than £1,500. Some were provided within several days, while others took weeks.
She found her first illegal passport dealer in the centre of London - through an advertisement in a Russian language newspaper.
The dealer - Henry - provided her with a genuine Czech passport, by getting someone who looked like her to apply for one, using her photo.
Forgery detection
Shahida's investigation poses questions over the number of non-EU nationals entering Britain on illegal passports. She uses Poland as an example.
"Since [Poland] country joined the EU less than two years ago a quarter of a million Poles have left and legally registered for work in Britain," she says.
"But if my contacts are right, many of these may not have been Poles at all, but illegal immigrants using fake passports."
Shahida enters Britain via boat - from Spain to Portsmouth - on a fake Latvian passport, and then later on the Eurostar using a stolen Estonian passport.
Despite information on stolen passports being registered to a central Interpol database, her Estonian passport goes undetected.
The Home Office says there is a "comprehensive bilateral exchange of information between member states regarding the issue of lost and stolen EU passports".
It maintains that in addition to this, all immigration officers are highly trained in identifying false documents.
"All our immigration officers at British ports are trained in forgery detection techniques and have access to specialist forgery detection equipment," a spokesperson said.
The government has also introduced biometric e-passports with images securely stored inside chips, in an attempt to combat forgery and improve the security of British passports.
Panorama: My Fake Passports and Me will be broadcast on Monday, 4 December, 2006 at 2100 GMT on BBC One.
India’s growing epidemic
Sanchita Sharma, Hindustan Times
New Delhi, November 30, 2006
By the end of 2006, 39.5 million people would be living with HIV/AIDS around the world, 5.7 million of them in India. Within two decades of being first detected in Chennai in 1986, HIV has spread rapidly within India, making it home to the highest number of HIV positive people in the world.
Women, mostly monogamous, account for 38 per cent of those infected, getting the virus from their regular partners. Parent-to-child infection is the leading cause of infection among the 65,000 children under 15 years living with HIV.
Only 125,000 people in India know that they have HIV, and just over 48,000 people get free treatment for AIDS under the government programme.
New Delhi, November 30, 2006
By the end of 2006, 39.5 million people would be living with HIV/AIDS around the world, 5.7 million of them in India. Within two decades of being first detected in Chennai in 1986, HIV has spread rapidly within India, making it home to the highest number of HIV positive people in the world.
Women, mostly monogamous, account for 38 per cent of those infected, getting the virus from their regular partners. Parent-to-child infection is the leading cause of infection among the 65,000 children under 15 years living with HIV.
Only 125,000 people in India know that they have HIV, and just over 48,000 people get free treatment for AIDS under the government programme.
US companies target India’s $50-billion nuke programme
Financial Express, December 01, 2006
MUMBAI, NOV 30: US companies involved in nuclear energy are bullish over the approval to the Indo-US civil nuclear deal by the Senate, and indicated that they would like to participate in India’s $50-billion programme for nuclear capacity addition of 50,000 mw by 2030.
The state-run Nuclear Power Corporation of India Ltd (NPCIL), which runs nuclear projects with the capacity of 3,900 mw, has already lined up a capacity addition of 20,000 mw by 2020.
US nuclear companies participating in the US delegation, led by under secretary for commerce Franklin Lavin, also stated that India’s skilled manpower could be of great use in building new nuclear plants in the US and other parts of the world.
The companies are involved in constructing nuclear plants and supplying nuclear fuel. They claimed that the per-unit tariff from the plants would be quite cheap. In the US, it is 2 cents a kw, while NPCIL sells it below Re 1 in India.
Companies like Westinghouse Electric, Transco products Inc, BWXT, WM Mining, Fluor and Thorium Power on Thursday said their mission to develop and nurture bonds with the Indian firms would lead to partnerships, enabling them to tap new opportunities in the sector.
Ron Somers, president of US India Business Council said these companies would also discuss the regulatory regime with the NPCIL and the Atomic Energy Commission, during their meetings slated for Friday and Saturday.
Craig S Hansen, vice-president of BWXT said the US proposed to increase its share of nuclear energy from 20% of the country's total power capacity to 30% by 2030, and it would not be possible for the American companies alone to achieve this.
“India, with experienced manpower and experts, can play a major role in the US capacity addition. Besides, US companies associated in the supply of nuclear fuel and reactors will play a key role in India’s capacity addition. On top of it, both Indian and US companies can join hands to meet the nuclear energy requirement in the underdeveloped countries,” he added.
Wallace M Mays, president of WM Mining, which is involved in uranium mining and supply, said his company has already entered into an agreement with Hyderabad-based Nuclear Fuel Centre for supply of uranium for pressurised heavy water reactors.
Wiliam E Cummins, vice-president of Westinghouse said India would not face any funding problems for the proposed capacity addition.
“Already NPCIL has announced it can add at least 1,000 mw, annually, through its internal accruals. In addition to this, NPCIL has also indicated that it will explore market options also,” he added.
MUMBAI, NOV 30: US companies involved in nuclear energy are bullish over the approval to the Indo-US civil nuclear deal by the Senate, and indicated that they would like to participate in India’s $50-billion programme for nuclear capacity addition of 50,000 mw by 2030.
The state-run Nuclear Power Corporation of India Ltd (NPCIL), which runs nuclear projects with the capacity of 3,900 mw, has already lined up a capacity addition of 20,000 mw by 2020.
US nuclear companies participating in the US delegation, led by under secretary for commerce Franklin Lavin, also stated that India’s skilled manpower could be of great use in building new nuclear plants in the US and other parts of the world.
The companies are involved in constructing nuclear plants and supplying nuclear fuel. They claimed that the per-unit tariff from the plants would be quite cheap. In the US, it is 2 cents a kw, while NPCIL sells it below Re 1 in India.
Companies like Westinghouse Electric, Transco products Inc, BWXT, WM Mining, Fluor and Thorium Power on Thursday said their mission to develop and nurture bonds with the Indian firms would lead to partnerships, enabling them to tap new opportunities in the sector.
Ron Somers, president of US India Business Council said these companies would also discuss the regulatory regime with the NPCIL and the Atomic Energy Commission, during their meetings slated for Friday and Saturday.
Craig S Hansen, vice-president of BWXT said the US proposed to increase its share of nuclear energy from 20% of the country's total power capacity to 30% by 2030, and it would not be possible for the American companies alone to achieve this.
“India, with experienced manpower and experts, can play a major role in the US capacity addition. Besides, US companies associated in the supply of nuclear fuel and reactors will play a key role in India’s capacity addition. On top of it, both Indian and US companies can join hands to meet the nuclear energy requirement in the underdeveloped countries,” he added.
Wallace M Mays, president of WM Mining, which is involved in uranium mining and supply, said his company has already entered into an agreement with Hyderabad-based Nuclear Fuel Centre for supply of uranium for pressurised heavy water reactors.
Wiliam E Cummins, vice-president of Westinghouse said India would not face any funding problems for the proposed capacity addition.
“Already NPCIL has announced it can add at least 1,000 mw, annually, through its internal accruals. In addition to this, NPCIL has also indicated that it will explore market options also,” he added.
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