The Supreme Court Broom Cleans Up The Legislature

On July 3rd a bench of The Supreme Court of India decided that it was unconstitutional for  Members of Parliament and Members of Legislative Assembly at the state level to continue as lawmakers, and that they should be immediately barred from attending the House.

You would have thought that this was a oxymoron that a law breaker would be setting in the Assembly making laws, when he or she is convicted.However  in 1951, when Jawahar Lal Nehru was the first Prime Minister,  the lawmakers decided to include a clause,Section 8 (4) of the Representation of the People Act that allowed convicted lawmakers to continue  attending,  provided they filed an appeal  to the higher court within three months to get a stay of the conviction. As a result you had a situation where according to the Financial Times, you had 162 out of the 543 elected Members of Parliament had criminal cases against them. Similarly according to the Press Trust of India at the state legislative level you had 1,258 out of 4,032 sitting lawmaker facing criminal cases, roughly about 30 percent.

 According to the Economic Times of July 14-20,2013details of the cases against our so called "leaders" are as follows:

1460 MPs & MlAs who have declared criminal cases against themselves in their affidavits submitted against themselves.

688 MPs & MLAs who have declared serious criminal cases against themselves

162 Lok Sabha MPs who face criminal cases

1,258 MLAs from all states assemblies who face criminal cases

74% share of MLAs of 2009 Jharkhand Assembly who face criminal cases , the highest in the country

31% share of MPs & MlAs or the Bharatia Janata Party who face criminal cases

 21%share of Congress MPs &  MLAs who face criminal cases

A concern is now being raised by the politicians that frivolous cases may be filed against them in friendly courts which would lead to their disbarment. Perhaps the lawmakers will now  better appreciate how the common public feels when they are faced by intimidation by the bureaucrats and  cases linger on for decades.

Hopefully the Supreme Court broom will continue on its mission to clean up the politics of the  country.

Does Urbanisation End Discrimination ?

Two recent reads made me think again how the United States and India are similar. " The Warmth of Other Suns" by Isabel Wilkerson which won the numerous awards ,is a fascinating book which tracks a few African Americans  who migrated from America's deep south to New York, Chicago and Los Angeles. Most of them were bright and educated but had to flee because of a lack of opportunities and constantly fearing fearing for their lives from the whites.  The other read was a  news item in the Hindu newspaper of June 24th, which mentioned about a boy from a lower caste who had passed the entrance examination for the Indian Institute of Technology- which has a lower acceptance rate than MIT or Harvard. The article quoted him as saying  “I am the only one in my neighborhood to study this far, but no one knows that I have cleared the IIT entrance. I have not made it known in my village, as life would be made difficult for me and my family by persons from the dominant caste " In both cases the superior " caste" wanted to ensure its economic status was not threatened even if it meant resorting to life threatening violence.

The race discrimination in America did not end with the Civil War when the slaves were emancipated. It took another century for it to formally end through legislation and through non-violent means. However prior to that with the growing urban developments of manufacturing and business hubs on the Northeast, West Coast and the Midwest, the smart , talented, educated and gifted blacks were provided an opportunity  to move to the cities where they were able to live free from fear. From the early 1900's to the 1970's approximately seven million blacks moved out of the South. While not totally free from discrimination, they were able to pursue jobs and careers which helped them climb the economic ladder. The case studies from the book track the life of a doctor, a train conductor and factory worker, and how they ended up with a better life than if they had stayed on in Mississippi or Florida or in other Southern States.

If Hitler had won the war we would have witnessed a global race/caste system in place with the "Aryans" at the top.In India, centuries ago some one with a similar mind set set up a caste system which still exists today.
There is a pyramid of castes with the Brahmins ( or the priestly caste) right at the top, followed by the Kshatriyas ( rulers/warriors), Vaisyas ( traders/merchants),Sudras (unskilled worker) and the Pariah/Dalits/Harijans ( untouchables) being at the bottom of the heap. According to a National Geographic article there were about 160 million " untouchables" in India. The discrimination they faced was no less  than that of the blacks in America. They lived and to some extent still do, " in constant fear of being publicly humiliated, paraded naked, beaten, and raped with impunity by upper-caste Hindus seeking to keep them in their place. Merely walking through an upper-caste neighborhood is a life-threatening offense". This occurs despite  the fact that untouchability is banned in India's constitution.

In a pattern similar to that of the United States, partly with the equivalent of the affirmative actions implemented by the government,  the smarter of the untouchables  like the successful IIT entrant , are using education to move out of the villages  to cities.With the growing urbanization , which has picked up pace over the last two decades and is likely to accelerate, there is starting to be a gradual shift of the "untouchables" to the urban areas where  discrimination is less of an issue. This in turn is leading to a shortage of cheap labor in the rural areas, where the upper caste is now forced to work in the fields, or pay the lower caste a higher salary and treat them with respect.

In America it took another fifty years after the legislation was passed  for an African American to be elected President, although some would argue that discrimination is not totally dead. In India even though  we have had a President K R Narayanan , a Dalit from Kerala , who served in the Indian Foreign Service,  discrimination  is still a problem, particularly in the rural areas. This after almost 50 years of  independence. Hopefully now as the country goes through rapid urbanization, we will see the decline of caste discrimination.

The Armidillo Indian

Indians are universally known  to be argumentative. Amartya Sen the Noble Prize winner has written a book called The Argumentative Indian.Since Independence we seem to have gone through a evolutionary process through which we have physically developed a thick skin where all criticism, insults , ridicule just bounce off . As a result , it would perhaps be appropriate to classify such Indians as the Armadillo Indian.

Leading the pack are the politicians. Over the last five years, almost every week, the print media and the twenty four television new channels  have been full of the scandal of the week. They are  about politicians caught womanising ( a mid- eighties figure with three women in bed),politicians  caught on tape having sexual relations, politicians and bureaucrats flashed across screens accepting money or  inciting riots. Yet when confronted, they  blandly deny that it was them, that the tapes have been doctored or they have been mis-quoted. The media plays it up for a few days and then drops it . The politicians continue as if nothing has happened.

Unfortunately it is not just limited to the politicians. Of late sport administrators ( who probably have never played any sport in their lives ,but now control all sporting associations ) in addition to politicians ,including  former bureaucrats, influential business men, all seem to have developed a armadillo type leathery armor shell. The Commonwealth Games threw up its fair share of administrators ,who in spite of intense coverage and actually spending time in jail, refused to resign .

The latest is  the head of the cricket administration  for India , which has a strong influence on cricket world wide, now refusing to resign. This in spite of the intense coverage in print and television and people from all walks of life asking him to go. The executive committee members which include prominent politicians who do not hesitate to cast personal insults and demand the resignation of the Prime Minister, kept quiet. They then say that the best solution was to  gently nudge the individual concerned to temporarily step aside for a short period. The interim administrator who  has been brought back in to manage the shop was apparently  previously expelled from the cricket board for embezzlement.

This reminds me of a scandal from the sixties in the United Kingdom. The then British Secretary of  State for War, John Profumo  was named in a sex scandal.. While he initially tried to brazen it out, he ultimately resigned. According to Wikipedia , he then spent the next few decades cleaning toilets at Tonybee Hall , a charity in East End of London He was ultimately rehabilitated and recognized.

I wonder how many of our politicians, bureaucrats, business men would voluntarily suffer such a penance ?
Probably none,because their armadillo shell ensures that all criticism just bounces off and nothing affects them.  

Will The Elephant Dance With The Dragon And The Lion (Tiger) In The Year Of The Snake ?

April was a good month for India from a neighborly relationship point of view. Its two difficult neighbors both went through a change of governments.  In China  after a  decade, a change of leaders happened in late 2012. Xi Jinping was elected as President and Li Keqiang  as Prime Minister. In Pakistan for the first time in its history, a duly elected government served its full term and a new Prime Minister Nawaz Sharif was elected. Will this mean that India's relationship with China and Pakistan turn over a new leaf ? The initial signs seem encouraging.

Li Keqiqng  made India his  first overseas stop. Apparently this is to stress the importance which China lays on its relationship with its giant neighbor. Li had previously been to India as part of a youth delegation and had pleasant memories. Unlike other Chinese leaders ( and our own Prime Minister ) Prime Minister Li  came across as approachable, and made an effort to cultivate the Indians and the media. He said all the right things, about wanting to expand the relationships between the two ancient civilizations. At the same time he acknowledged that history had left behind certain issues which had to be dealt with.

On the other side of the border, the newly elected Nawaz Sharif during his election campaign and after, spoke repeatedly about his desire to improve Pakistan's relationship with India. The Indian Prime Minister Manmmohan Singh suitably  blew him  kisses across the border. Ironically, Nawaz Sharif family was from the Amritsar district and went across the border. Manmohan Singh's family on the other hand came across from Pakistan and settled in Amritsar.

While friendly comments are made by all parties, there are skeptics in India with long memories  who would advise Manmohan Singh to tread with caution. Just about a month before Li's visit, a contingent of the  Peoples Liberation Army  crossed  eighteen kilometers  into Indian territory, pitched their tents and refused to go back. They finally did  just a few days before the Prime Minister's visit and after India apparently  dismantled " a few tin sheds". Inexplicably the Indian External Affairs Minister Salman Khurshid made some comments comparing India to Muhamad Ali - I assume  in its ability to " float like a butterfly and sting like a bee." Will the lumbering elephant be able to float like a butterfly ?However in  the sixties, while the Indian Prime Minister was chanting Hindi-Chini bhai bhai, it was the dragon who flew across and landed  a knock out  punch to the elephant.

Similarly Prime Minister Vajpayee visited Pakistan and had a love fest with  Prime Minister Nawaz Sharif. In the mean time unbeknownst to Sharif, the Pakistan Army Chief then decided to launch a military expedition against India which almost brought both countries to war.

Will all these positive noises now being  made by India's neighbor lead to better relationships ? Tongue in cheek, and perhaps stretching an analogy, I would say it might be possible.India's birth as a Republic was on the Twenty Sixth of January which was the Year of the Ox.. According to the Chinese Zodiac signs those born under the OX sign will have a good year in the Year of the Snake. So perhaps this will be the year where India's neighbors will make more of an effort to develop a broader relationship with us.Certainly based on previous responses there will be no hesitation on Prime Minister Manmohan Singh's part .This is the only remaining chance for him to leave behind a positive legacy and at least be remembered as the person who made peace with Pakistan and China. That itself would be quite an achievement and who knows might yet win him a Noble Peace Prize nomination !!!

The Indian Dream

Today's Financial Times had a column on how China is loosing a virtual propaganda war.Apparently the bloggers ,the  columnists and the twitterati are doing takes on the new  President Xi Jinping "political strapline" of his  Chinese dream.

It quoted a popular columnist Pan Caifu who wrote " I have a dream that one day I will be able to breathe fresh air, drink water and eat vegetables that aren't poisioned" ... " But these are biological necessities and they are also the most basic rights of human, if we have to "dream" about having to these things, then talking about a China Dream is just a joke"

When ever we have a discussion  about India and China, invariably the retort is that but we are a democracy or that India has law and China has order.

My dream is that I wish it were true. Yes we have the law on the books, and we do have the highest court which operates diligently. However for the majority of the people, the law of "might is right " prevails. When the police refuse to register the cases, or in some cases are the law breakers themselves,or where it might take a life time of frequent visits to the courts,  it is difficult to believe that the justice system works.

We have come a long way economically and regardless of the constant harping, there is economic prosperity and on a daily basis I see examples of trickle down effects ( probably not so much in the rural areas). It is now important that we move to  the next level. 

While no country is perfect and certainly China is not necessarily my role model, I dream of a India

• where the common citizen is treated on par with the rich and  with the politician, 
• where he is able to get the numerous  necessary regulatory approvals without having to continuously grease palms, 
• where he is able to drive on a road which is not pot holed
• where he is not just continously reminded by full page advertisements to pay his taxes, but in turn can   have round the clock  electricity  and water  without having to resort to generators or bore wells
• where he does not have to hire his own security guards
•  where he is not constantly worried whether his  wife, daughter , sister will come home safely
• where there will be enough schools, universities for students who have the ability and desire to get a   a good education

When these things happen I will know that my dream has come true. If not, I certainly  hope and pray that  my children and grand children will see the Indian dream.  

India - Back To The Future !!!!

Over the week end of 16th March, Nitish Kumar , the Chief Minister of Bihar and the leader of Janata Dal (United), held a huge rally to flex his muscles and to show that he had no less a clout than his perceived rival , Narendra Modi of the Bharitiya Janata Party . The latter is the perceived  leading candidate for the Prime Minister's role, in the event that the Opposition were to gain more votes than the ruling Congress Party.In his speech, Nitish Kumar made a point that there if any party wanted  to rule at the national level, they would have to depend on the regional dominant parties who rule Bihar, Uttar Pradesh, Odisha and West Bengal.

Prior to the entry of the British , Mughal India which extended from Afghanistan to almost Myanmar, the overlords were the Mughals, but they relied on alliances with the smaller kingdoms of the Maharaja's to control and ensure that no one stepped out of line. In turn, these nobles were rewarded by increased estates or alliances sealed by marriage. This was constantly a fluid situation as at various times, ambitious satraps tried to break away and extend their territories . The Emperor would then send his troops which would be supported by the smaller kingdom who would provide the logistical and manpower support to put down these upstarts.Alliances were made and broken and re-made depending upon the circumstances.

After India gained independence, the Congress Party was the dominant  national ruling party until the seventies. Since then it has been a roller coaster ride with Congress increasingly becoming dependent on regional parties to be able to rule at the National level. Even within the regional parties, you have caste,community or provincial overlords who play in a strong role in the decisions and policies.

In turn for supporting the Congress ( or the BJP) at the center,  these  regional parties are rewarded by plum ministries where there is considerable opportunity to extend their influence , financially and otherwise because  they control   large expenditure budgets and where "leakages"of large amounts occur. The ruling party in the meantime had the exclusive control over certain areas, such as defence, national security, and foreign policy.

However , of recent the Congress seems to be loosing their grip even on such matters. You had Mamta Banerjee putting the government in a embarrassing position by staying away from a meeting with the Bangladesh head of state and refusing to be part of a water sharing agreement. At present you have the politicians from Tamil Nadu influencing the government from voting in a matter which is in the national interest to please their own state constituency. Similarly you have the state government and in some cases, not even the state government , but a regional party threatening to disrupt sporting and cultural events if these included Sri Lankan and Pakistani participants. While these might be private events , it nevertheless has a ripple effect on the relationship with the neighbors, which China and Pakistan are quick to exploit. 

Unfortunately it does not appear that going forward the situation is going to get any better. Looks like we will be back to the Mughal days, where the central government will continue to depend on the regional satraps to be able to rule. The days of single national political parties are sadly over.

Mea Maxima Culpa

In my blog of  February  twenty seventh, Getting Addicted To Food, I had pointed fingers to the parents for being responsible for not preventing the children from eating food which was unhealthy. Someone who is more knowledgeable about this matters than I am, pointed out that it is not quite as simple as that. A lot depends on the socio-economic factors. While one can berate the middle class, the lower middle class and the working class , where the obesity levels are higher ,is due to the need to fill your stomach at the cheapest cost.

In the United States, in the slums, the ghettos and the barrio's, you do not see the full range supermarkets where you can buy your balance meal of carbohydrates, vegetables , and proteins. You rely on the mom and pop convenience stores, which do not store perishables. Or you go to the neighborhood fast food joints. You can get your fill at a relatively low cost, whereas the balanced meal which has to be cooked would add up to much more.

This is increasingly the case even in the emerging market countries such as India, where there is a  influx of people to the urban areas. Increasingly both the husband and wife work and if you are in the lower end of the socio - economic spectrum , you will look for stomach fillers, such as deep fried samosas or fried spicy battered  bread fritters or kulchas, the Indian equivalent of a burger bun. Eating this day after day, you are bound to put on weight and develop numerous health ailments.

I therefore have to limit my critical comments to those parents who can afford , but who still allow the children to go for the type of food which they  know are not healthy. Finally , I also have to close with my mea maxima culpa . I plead guilty to  having allowed  my children to have sugared cereal, and the bi-monthly ( and sometimes more) outings to the fast food outlets. Perhaps I will be able to influence my grandchildren - if their parents allow me.