Narendra Modi claims he inaugurated India’s First Yoga University #Fekuexpose


FeKu-Expose

Narendra Modi the Liar, proved beyond Doubt.

and Media never verifies his claims

Narendra Modi, yoga and a new university for Gujarat

Reported by Rohit Bhan, Edited by Janaki Fernandes | Updated: May 24, 2013 10:10 IST

 

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? Ahmedabad, May 23: Gujarat Chief Minister Narendra Modi on Thursday regretted that successive governments at the Centre neglected the importance of yoga, which is gaining prominence in the world. “Yoga was intentionally neglected by Britishers while they were ruling the country as they feared that through yoga India will become powerful in the world,” Modi said inaugurating the Lakulish Yoga University. “But even after Independence, we didn’t come out of the slave mentality and continue to ignore the importance of yoga. And sometimes by equating yoga with communalism, we inflicted a great damage on us,” Modi said. Lakulish Yoga University, established by Life Mission Trust of Gujarat, is claimed to be the first ever such private sector self-financed institution in the country. Modi, while citing Sanskrit ‘shlokas’, stressed the importance of yoga and how it can play a vital and decisive role in the lives of people. “Today, every human being in the world is confused, unhappy and is seeking inner peace. He does not need materialistic wealth but needs peace and only yoga taught by a professional, an exponent or a complete teacher can facilitate this peace,” he said. “People across the globe are curious about yoga and it would have been better if successive governments of our country had included yoga as a path to reach the whole world. Then India would have got a great opportunity to connect with the entire world,” Modi said. “I hope and wish that this Lakulish University, inspired by one of the authority in yoga of our time, Swami Rajrshi Muni, will generate expert yoga teachers which in turn will spread it (yoga) in the world,” Modi added. Addressing the gathering, varsity founder Swami Rjarshi Muni said there would not be just one medium of teaching in the institution. “No matter which language they (students) speak, here we will impart education in their preferred languages. We have yoga teachers from every part of the world,” he said. The university will award degrees for the three-year courses. The state government had earlier enacted a law for creation of a Yoga university in the state.

ALL ABOVE IS A LIE 

There are many Universities of Yoga in India The Bihar Yoga University is an internationally acclaimed school of Yoga founded by Swami Satyananda Saraswati in 1964 to fulfill the instruction given by his Guru, Sri Swami Sivananda of propagating the ancient wisdom of yoga from door to door and from shore to shore. Situated on the banks of the Ganges, the campus of Bihar School of Yoga is known as Ganga Darshan, located at the top of hillock in the town of Munger in the Indian state of Bihar. Bihar School of Yoga imparts traditional yoga teachings to householders and sannyasins alike from across the globe.
S-VYASA is a Yoga University declared deemed to be University under Section 3 of the UGC Act, 1956,, started in 1986, in Bangalore in Karnataka yoga university .

 

Gujarat and The Illusion of Development


By – Shipra Nigam at kafila.org

MAY 23, 2013

This Guest post by SHIPRA NIGAM is a review of a volume of essays edited by Atul Sood Poverty Amidst Prosperity: Essays on the Trajectory of Development in Gujarat (Aakar Books 2013).

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Thousands of farmers protested in March this year in Ahmedabad against the state’sindustrialization policies

This volume of essays is the outcome of a detailed study by a team of contributing research scholars led by Atul Sood. This timely evaluation provides an insight into many crucial questions: What are the constituent elements of Gujarat’s growth story? To what extent can the successful features of Gujarat’s growth story be attributed to the political regime fashioned by Narendra Modi? Is it possible to replicate even this limited success story at the national level – as Modi’s starry eyed upper and middle class following would like to believe? More significantly: what are the implications of Gujarat’s Development Model in terms of its sustainability and its desirability? What happens when we assess this development through a set of comprehensive   measures, judge its implication for the average citizen’s material wellbeing, and see what it means for the political and economic rights of citizens?

The study proceeds through a meticulous examination of existing official data sources on investment, infrastructure, agriculture, manufacturing , employment, poverty , inequality, education and health expenditures and a set of other indicators of development.  These are then used to explain various developmental outcomes in the state in relation to national averages and the performance of other states which have also experienced high growth rates recently, such as Maharashtra, Haryana and Tamilnadu. Atul Sood’s cogently argued and insightful introduction brings together the different strands of the study, weaving the detailed findings into a coherent narrative. The picture that emerges interrogates both the normative implications of the ‘Gujarat development model’, and offers a powerful critique of its actual performance even judged in terms of its own self projections.

Unsurprisingly there is little that is new in Gujarat’s developmental model.  Its market led growth operates within the new-liberal paradigm that has for some decades been touted by the IMF, World Bank and inc as the panacea for all ills in developing countries. It is a frame that has been widely contested, critiqued and discredited for its abysmal failure in bringing in sustainable, equitable and participatory growth within the developing world. In fact, the paradigm has been held responsible for inducing and aggravating the enormous difficulties faced by many of the developing countries.  As the analysis in the book confirms, the ‘Gujarat Development Model’ is nothing more than a fervent adaptation and implementation of this chosen path favoured by the Indian state itself since the mid-1980s.  Hence, along with the imminent candidature of Narendra Modi as BJP’s prime ministerial nominee, the celebration of this developmental model by India Inc assumes omnious significance .

An Investment Fatigue?

The initial chapters by Ruchika Rani, Santosh Kumar Das, Pankaj Vashist and Gaurav Arya explore various aspects of Gujarat’s  GDP growth, investment flows and infrastructure development. While  Gujarat’s average  GDP growth rates in the past decade are higher than the national average and slightly above those of other high performing states, the gap has been narrowing overtime, which also coincides with an ‘investment fatigue’ that has set in recently. Since Gujarat’s infrastructure is not markedly different from other industrially competitive states, the substantial difference in investment levels is frequently attributed to the ‘investor friendly governance structure’. For instance, the biannual ‘Vibrant Gujarat Global Investors Summit’ is often highlighted as an example of the state’s proactive role in promoting investment. However its success seems to be waning in recent years. Out of the total MOU’s signed under these successive summits, the share of projects implemented and under implementation have continuously declined from about 73 % in 2003 to 13% in 2011. Moreover, the state’s share in investment intentions in terms of IEMs ( Industrial Entrepreneur Memorandum), letters of intent (LOIs )and Direct Investment Licences (DILs) has declined from early 20’s in percentage in  2005 to less than 10 % in 2011.  A slowdown in overall investment climate, saturation of best investment opportunities and a more realistic assessment of the ‘efficiency’ of the state administration – are all posited by Sood as the possible explanations behind this decline in both investment and output growth in the most recent years. So the sustainability of even the much vaunted higher growth rates and investment flows has increasingly become suspect. To put it another way: the investors are also suspicious of the sustainability of returns.

Whose developmental vision is it anyway?

Far more damning is what the book reveals about the growth story itself.  It shows how the state renounces any responsibility of ensuring growth with equity when it relies entirely on the play of the market forces and on private investors to meet its development needs. As Sood points out, In Gujarat this has entailed that the investor is no longer just the source for resources but the one who determines the priorities of  development and this has had serious consequences for the sustainability and distributive justice of the entire growth process. The path of growth, its trajectory, is not defined by the state, or any planning body of economists; it is decided by investors, financial institutions, and corporate firms. The book shows how the economy of Gujrat has been given over to the corporates. They invest in it and they also sing all the praises of the development model.                                  

37% of the total investment in Gujarat in the last two and a half decades has been in infrastructure development. The state’s infrastructure development strategy involves two basic components: 1)promoting private intergrated investment to develop ports, rail, road and power sectors and 2) developing large enclaves for industrial and service sector growth as ‘greenfield sites’ with world class infrastructure.  In all cases this is sought to be done through massive concessions, rebates, subsidies and even direct handing over of financial control over revenues to attract the private sector.  These include initiatives like the Investor Support Systems (ISS), the Public Private partnership (PPP) model, establishment of Special Economic Zones (SEZs) and Special Investment Regions (SIRs) to create ‘world class infrastructure’  and several mega projects (units with minimal investment of 1000 crores in core industrial sectors and 5000 crores in infrastructure projects). The 2009 industrial policy of the Gujarat state locates these initiatives within a larger central government framework to create Delhi-Mumbai Industrial Corridor (DMIC), utilizing its coastal proximity and geographical location within this project.  The DMIC plan itself is full of references to setting up industrial areas and infrastructure in Greenfield sites at Dhar, Pune, Alwar, Surat, Rewari and Muzzafarnagar and is integral to Gujarat’s own infrastructure and development strategy.

So what’s the big problem over here? – the same as with all such green field projects which instead of strengthening infrastructure where it is needed , prefer to establish development  enclaves  neglecting existing human habitations, with serious implications for equity and huge environmental and human costs. For instance, the DMIC plan on groundwater indicates that Gujarat would have to allocate water for industrial uses by diverting water away from irrigation and domestic purposes. Further, the plan envisages migration figures of 94 million workers by 2039. But nowhere in its sweeping grandeur does the plan state how the consequent multiplication of urban demand for scarce water and other resources would be met, how would the water be distributed and who would pay the price ? But the answers are not difficult to guess.

In implementing this development strategy Gujarat has sought private investment across the board. Key sectors – traditionally held to be the preserve of the state – such as ports, roads, rail and power have been handed over to corporate capital. This has meant, inevitably, that the government has abdicated all decision making powers, as well as functional and financial control over such projects. Nowhere else in the country has this abdication of responsibility been so total, nowhere else has the state given over the economy so entirely to the corporates and private investors. For instance, the BOOT (Build Own Operate Transfer) policy initiative for port development involves royalty holidays instead of revenue sharing, permission to investors to adjust royalty against capital costs, freedom to developers to collect charges and tolls, land acquisition for private investors, 30 year window to make profits, special arrangements of forward linkages to private consortiums and SIRs and so on. The policy   restricts  the role of government to minimum and allows complete operational and tariff freedom to the investor. Not surprisingly, Gujarat leads the country in terms of private investment flows in projects implemented and underway for port development. Private initiative is similarly promoted in case of development of roads and railways under the PPP mode. Most of the investment in expanding the communication networks has gone into  improving access of new ports, SEZ’s and SIR’s falling in rural areas, with most connectivity gains from the vantage point of human habitations coming from Central funds (under PGSY). Similarly the upgrading of 630 km of rail tracks from narrow gauge to broad gauge has also meant improved rail connectivity to ports.

Again in the case of the power sector, huge concessions in terms of tariff and transfer of operational control to private sector through legislative changes has resulted in substantive private investments in power plants and a 34% increase in overall power generation. But this has been achieved largely through an increase in the capacity of private captive power plants for industrial use. The power tariff structure also favors commercial and industrial use over agriculture when compared with national averages. Thus, as Sood points out:

“Road and rail expansion is less focused on increasing access of human settlements  but more about improving and strengthening access to SEZ’s and minor ports… In addition the private investment in infrastructure is dovetailed and integrated with the industrial corridor, which in itself is suspect in terms of gains it will bring to the local people and its implications for groundwater in water scarce regions… Gujarat seems to have internalized the two falsehoods mentioned earlier, to turn to private sector for addressing infrastructure and second to give preference to ‘Greenfield sites’ rather than address the aggregative challenges of infrastructure inadequacy.”

Of Corporate Agriculture, Landgrabs and Capital Intensive Manufacturing

And rife in this story is the speculation in land fuelled by legislative changes brought about ostensibly to promote infrastructural and agricultural development. Sucharita Sen and Chinmoyee Malik’s chapters map the increasing emphasis on corporatization of agriculture which has made agriculture a highly profitable activity with an average growth two-and-a-half times faster than the national average. Improved market access, technological dissemination, infrastructure development and a filip from the growth in other areas, have all contributed to this growth. However its distributive effects largely depend on land ownership and land use patterns and small farmer participation in high growth crops.  It also comes with crop specific and area specific challenges thrown in by a growth driven by privatization and liberalization of agricultural procurement, pricing and marketisation policies. There has been a shift in cropping patterns away from food to non-food and high value crops in terms of acreage, output and value. Data on land allocation and farmer participation reveals that cotton cultivation and high value crops have benefited large farmers disproportionately. If we look at farmer groups by land size, in Gujrat, the number of households of the smallest farmer group has increased, but not the acreage they control, while the largest farmer groups have gained in acreage, indicating worsening inequalities. This is contrary to the trend at the all-India level. The position of STs and SCs has also deteriorated overall except in case of SCs in the highest income size class leading to a rise in intra-caste inequalities within the latter. While incidence of landlessness has reduced overall (though starting from a much higher initial base as compared to national averages), it has increased in tribal areas ( in particular in Panchmalal, Dahod and Dang regions ). These also happen to be the most underdeveloped regions in the state lying largely outside the loop of the recent agricultural growth.

These changes could be indicative of worse times ahead given the recent modifications and amendments in land legislation. The rise in overall profitability of agriculture comes with a shift in land policy from ideas of ‘ Land to the tiller’ (a legacy of the post-independence era uptil the days of the KHAM alliance) to those of ‘land de-regulation and liberalization’ over the past two decades. As has been widely documented, even the earlier phase of land reform policies (land ceilings, surplus distribution etc) had come in Gujarat with measures like a complete ban on tenancy which led to the middle peasantry benefitting at the cost of lower peasantry and dalit farmers. Progressive measures over time, such as the Jinabhai Darji Commision suggestions through a KHAM alliance initiative in the early 1980s, never took off in the state. Now, with rapid upward mobility of the same peasantry in this story of privatization and liberalisation, the stakes in land have risen and legislative changes relating to land use which began under BJP-Janata alliance reflect the changing power dynamics and new ground realities (this includes the lifting of the 8-kms ban on land purchase and allowing non-local, non-farming groups to enter the rural land market). These have been brought in under the pressure of the rich farmer/agro-industrialist lobbies – who wanted speculative gains from land markets in the Narmada Valley Projects’ proposed command area – and the demands of builder lobbies for land for non-agricultural purposes. The policy shifts were consolidated and further strengthened under Modi’s regime by 2005. Legislative measures under his regime also facilitated the transfer of village commons and wastelands for private use, displacing marginalized communities who lost their de facto and de jure rights over pastoral lands. As sociologist M. Levein points out, the idea of Greenfield sites combined with the privatization of land within the SEZs, has together been responsible everywhere for ‘a thinly guised land grab for urbanization by the private sector’. Nowhere has this been more manifest than in the case of Gujarat.

If we turn to the experience of industrialization we have another story of skewed development. As the chapter by Sangeeta Ghosh brings out, manufacturing also witnessed high growth rates in Gujarat. In recent decades, the share of manufacturing within the Gross State Domestic Product (GSDP), has been higher in Gujarat when compared to national averages as well as other high performing states. Yet at the same time, if we look at employment, the picture is the reverse. In Gujarat the share of the manufacturing sector within total employment is below the national average and has been declining rapidly overtime. Growth has been highly capital intensive in nature and concentrated in some sectors, incomes and regions. It favours the more developed regions and has weak backward and forward linkages between the unorganized and the organized sectors. There has been a shift away from the employment generating textile sector to refined petroleum, petrochemicals, chemical, metal and fabricated products marked by very high capital intensities.  This shrinks opportunities for ancillarization and sub-contracting and has also raised serious concerns about its environmental impact. Significantly, this growth trajectory links well with the infrastructure story in several ways. For instance, the need for proximity of well developed ports helps in the case of petroleum and chemical industries given their high import content, and surplus power generation the state fosters comes in handy for  the highly energy intensive metal related industries.

So the story of corporatization of agriculture and the growth of selective capital intensive manufacturing completes the loop of Gujarat’s recent growth experience. Along with the tale of ports, roads, rail and power, this turns out to be a fable ‘of the private investor, by the private investor and for the private investor’. What about the average citizen then? And where do the workers, the underclass, the poor, the tribals and other minority groups figure in this haven for investors?

On Jobless Growth, Widening Inequalities and Social Exclusion

As it turns out, their story is integral to understanding the missing pieces of this puzzle.  To begin with, the chapter by Ruchika Rani and Kalaiyarasan map the stagnant and socially discriminatory employment conditions that persist in this period of high output growth.  There has been a significant mismatch between sources of income and employment leading to low employment elasticities of output and ‘jobless growth’. Employment growth in manufacturing and services turned negative in the last 5 years. Whatever growth in employment occurred in the last decade was largely in the category of casual- and self-employment indicative of rising informalisation. There were sharp regional differences in employment outcomes with rural Gujarat experiencing negative growth rates in the last five years.  Employment was also unevenly spread across social groups and minorities. Upper caste hindus and a small proportion of SCs had a proportionately large share in regular employment within manufacturing and services, with most of the rise for SCs in services being in casual employment. Meanwhile OBC’s, Muslims , other minorities experienced a shift towards traditional sectors when growth was located in modern capitalist structure, indicating a stagnation and even a worsening of their employment conditions. The share of STs in Industrial employment had risen in the earlier decade, but it declined rapidly in the last five years. This decline was absorbed by the agricultural sector at a time when growth was shifting to the Industrial sector, indicating possibly ‘distress migration’ to agriculture.

Where measures of income, poverty and inequality are concerned, despite its spectacular growth, Gujarat’s performance has been average as compared to national averages and it lags behind competing states like Tamilnadu, Maharashtra and Haryana on different counts. Certain features stand out in the chapter by Nidhi Mittal who maps the changes in average per capita consumption expenditure, and calculates the Gini coefficient and headcount ratios for Gujarat. First, the earlier decade 1993 to 2004-05 compared better than the last five years of the decade ending 2010, and these were the years when Narendra Modi’s  ‘growth and development’ agenda was unleashed fully. Second, urban inequality has risen much more at a time when most of the rise in growth rates and per capita expenditure is located in urban areas.  This implies opposing trends in terms of rise in consumption levels and rise in inequalities of income in areas of high growth, questioning the dynamics of the recent growth process itself.

This assumes further significance given the increasing gap in average consumption levels between Hindus and Muslims over 2005-10 in urban areas. Also while urban poverty levels for Muslims stagnated, those for Hindus declined by around 4 percentage points. Again, while per capita expenditure grew by 2.5 % p.a in the last five years, the increase for STs was a mere 0.14%, with an exponential widening of gap in growth rates of per capita income levels between STs and the rest. In urban areas poverty has increased for both SCs and STs while rural poverty has declined.  However the extent of poverty for STs in rural areas is still two-and-a-half times higher as compared to others . While overall poverty for SCs as a group has declined and they seemed to have gained more than STs, intra group inequalities within SCs have again risen substantially.

Privatising Health and Education the Gujarat Way

Change in the quality of life is always indicative of the nature of economic development. Nowhere is this reflected more clearly than in the case of improvements in health and education, as brought out in the chapters by Sourindra Ghosh and Sandeep Sharma. As Sood points out , these estimates are significant in their ability to  capture the influence of a wide array of factors such as quality of food and water, the quality of housing and clothing, ability to earn livelihoods, household decision making, social and health outcomes in any population group. Not surprisingly, in keeping with the larger development vision, the roots of Gujarat’s experience lie in an unswerving faith on the private sector even in these areas where today even ardent advocates of free markets would tread with care.  Accordingly, the share of expenditure in development, health and education in total NSDP has been falling continuously over the past decades. This is also reflected in lower access to and utilization of government services and a move towards private service providers with rising per capita health and education expenditures.

In terms of aggregate health parameters – such as Infant Mortality Rates (IMRs), male and female life expectancy, vaccination and antenatal care –  Gujarat has experienced very average performances vis-a-vis national estimates. In most cases it compares unfavorably with other high growth states such as Tamilnadu, Haryana, Maharashtra over the past decade despite leading them in terms of growth in per capita GDP. What is worrying is that it lags behind even national averages in IMRs and under-five mortality, as well as in the mortality rates for women and people in rural areas. This obviously affects poorer sections disproportionately and social disparity in health has had a more regressive impact on health indicators for the marginalized, in particular the STs.

Again where education is concerned, average figures do not tell the full story. The figures for average literacy levels in Gujarat are higher than the national average.  But its ranking in terms of literacy levels has deteriorated between 1999-00 and 20007-08, and fewer children in the age group of  6-14 attend school in Gujarat than the numbers suggested by the national average.  For the same age groups – i.e  for above primary and secondary school education –  the access of women, SCs, STs, Muslims and other minorities is again lower than the national averages, and markedly behind those of comparable states. While Gujarat has experienced higher rates of decline in share of state expenditure on education than national averages, the proportion of people dependent on government aided and government and local bodies run institutions is higher or the same, much more so in rural areas, indicating that the far costlier private-sector-run institutions were unable to substitute the educational needs of people at large. This brings out a clear mismatch in government’s policy to rely on and encourage unaided private sector in education and the people’s capacity to afford the same.

Economics of Growth and the Political Culture of authoritarianism

So what does the Gujarat Model have to offer to the people of Gujarat and the country at large ? To begin with, Gujarat’s success story is crucially linked to its history, its people’s entrepreneurial skills, its farmers, its globally recognized and gifted artisans and the legacy of a social reform and cooperative movement which wove together many of these strengths within its social fabric. This history along with a favorable geographical location provided a strong base for the recent growth experience in terms of human capital, social infrastructure and natural advantages. On its own terms, it remains questionable if even this limited success achieved could be replicated or extended as a ‘growth model’, and whether the policy assumption ‘one size fits all’ can offer solutions to problems of the rest of India, with its regional specificities, and the diversity of the historical growth trajectories which exist elsewhere. This is something Modi’s urban middle-class following seems blissfully unaware of in its mooting for the ‘new messiah’ of development on the horizon.  Especially at a time when even the future trajectory of this story itself is in serious doubt, given that most recent estimates suggest a petering out of existing growth rates and the setting in of an investment inertia.

More significantly, as Sood points out, even this limited success story is questionable in terms of its desirability for Gujarat’s own development trajectory. The painstaking analysis in the book reveals how the regime of governance unleashed in the last decade has at its heart an unabashed dependence on the private sector, and state support and policies prioritizing growth in infrastructure and investment aimed at strengthening the requirements and profitability of the private investor. The developmental model has meant neglect of human habitations and needs of ordinary citizens in improving access through rail, ports, road for Industry, SIRs, SEZ’s; promotion of selective and capital intensive manufacturing  growth; jobless growth and falling share of wages in total income; corporatization of agriculture, neglect of small farmer and privatization of village commons; legislative changes in land-use norms reinforcing speculation in land; neglect of public policy and expenditure and a misplaced dependence on private initiative to even address inadequacies in social infrastructure. All of which is manifest in deeply exclusionary social and economic outcomes as reflected in extensive environmental degradation, widening regional disparities, neglect of the rural sector and increased marginalization of workers, women, STs, Muslims and minorities in social and economic outcomes within the state. The book then offers us a damning indictment of this path to development.

As Atul Sood concludes, the roots of these uneven outcomes lie in the ‘ neoliberal framework’ within which  this  development  trajectory itself is located, which ‘inherently negates the possibility of a level playing field.’    However, while the social and economic manifestations brought out in this study are the classic hallmarks of the ‘market led’ path to development , they have been renewed in the last decade in Gujarat with a zeal stamped all over by Narendra Modi’s authoritarian style of governance itself. In crucial ways it  represents a fundamental shift away from Gujarat’s own history of Gandhian humanism, liberal welfare programmes and democratic social engineering of the KHAM ( an experimental alliance between Kshatriyas, Harijans, Adivasis and Muslims in the 1980s) days.

It might be illustrative to conclude with a reference to the mention of industrial unrest in Sood’s introduction over here. Where workers are concerned, the state witnessed not merely jobless growth but also the lowest share of wage income in total income, one of the highest use of contract workers in organized manufacturing and rising trends of casualisation of workforce.  Not surprisingly, Gujarat topped the list as the  ‘worst state’ for labour unrest in the Economic Survey 2011, witnessing the maximum incidences of strikes, lockouts and other forms of unrest on various financial and disciplinary grounds (wage and allowances, bonus, personnel, discipline and violence) at a time when these were actually declining in the rest of the country. At the same time, investors and industrialists from  all over, be it Maruti or Tata, are vying with each other to shift their production  plants and activities to designated sites within Gujarat. Under such circumstances, an investment boom and Industry’s soaring confidence in Modi government’s ability to control any undue disturbance by establishing the ‘rule of law’ is indicative of the crucial link between the ‘Gujarat Development Model’ and, what some might see, as the totalitarian roots of Modi’s governance regime.

Parita Mukta has traced the genesis of this rule of law in Gujarat right from the times of resistance to development projects like Narmada Valley Project. She brings out how this acquired a distinct flavour with the invocation of the river goddess to reinforce the visions of grandeur and prosperity for the rich farmers and industrialists of the state in the preachings of RSS idealogues (“Worshipping Inequalities-Pro-Narmada Dam Movement” Economic and Political Weekly October 13, 1990)

During Narendra Modi’s regime, it has all come together as never before in a self fulfilling prophecy of an effective, pro- corporate, investor-friendly governance build on consolidating a ‘political culture of authoritarianism’, a ‘brash pride to demonstrate, brute force’, and a belief in  ‘worshipping inequalities’. This package is marketed to us via powerful media and advertising giants like APCO worldwide which counts dictators and global Investment firms as its clients. See for example Aditya Nigam on Spin Doctors and the Modi Make-over, and Binoy Prabhakar on how an American Lobbying Company markets Modi.

Gujarat’s development experience thus suggests the deep authoritarianism that made specific aspects of the recent growth experience possible is not so delinked from its fascist manifestations in spectacular forms of violence against religious minorities, scheduled castes and tribes and lower castes that the state has witnessed in its recent past.

Shipra Nigam is a Consultant Economist with Research and Information Systems (RIS) for Developing Countries

Indian pharma under the microscope


US FDA issues import alert on Wockhardt plant; drug makers fear being smeared by the transgressions of a few
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A file photo of the Ranbaxy headquarters in Gurgaon. Photo: Ramesh Pathania/Mint
Mumbai/New Delhi: Malvinder Singh put forth a robust defence of his record at Ranbaxy Laboratories Ltd, which has come under a cloud after revelations of dodgy practices that had to be settled with the US Food and Drug Administration (FDA) through a $500 million payment.
While the company’s former chief executive officer (CEO) could be at the receiving end of a suit filed by Japan’s Daiichi Sankyo Ltd, which took control of Ranbaxy from Singh’s family in a $4.6 billion deal in June 2008, the contagion could spread to other Indian generics manufacturers as they come under increased scrutiny as more skeletons come tumbling out of the closet.
Indian manufacturers are afraid they may all get smeared because of the transgressions of a few, handing ammunition to companies in developed markets that would like to see more stringent controls on cheaper generic imports.
“They cannot pass the blame on to previous shareholders and management,” Singh said in an interview on Thursday. “I don’t think they (Daiichi Sankyo) have a case. There was absolutely no concealment on our part… They should be held accountable for destroying an Indian brand.”
The stock market is palpably nervous—shares of some Indian generics companies have fallen in the past few days, most particularly after a 15 May Fortune story that detailed the extent of possible wrongdoing at Ranbaxy.
Wockhardt Ltd is the first Indian company that’s said it faces FDA strictures since Ranbaxy made details of its case public on 13 May, when it said it had agreed to pay $500 million to settle civil and criminal charges of making fraudulent statements to the FDA and selling adulterated drugs.
The Wockhardt stock plunged 20% on Thursday after the FDA issued an import alert banning the import of products made at one of its plants at Aurangabad in Maharashtra. Chairman Habil Khorakiwalaconfirmed the development and said, “The company expects a financial impact of $100 million in this financial year due to the import ban of products from this plant.”
The plant manufactures sterile injectables as well as solid oral drugs. Wockhardt called off a media conference on Monday (27 May) to announce its fourth-quarter results, citing no specific reasons.
Wockhardt shares have declined 24.83% since the 15 May Fortune story, while the Ranbaxy stock has declined 11.11% in the same period.
Malvinder Singh refuted all allegations against his family and said the current owners of the company were responsible for the troubles they were facing.
“They are the owners and they have to be accountable for what they do. They spent money and did their diligence. They were keen to buy and they ran it to the ground,” he said. “I am not here to discuss whether Ranbaxy is doing well or not. I am here because of the allegations against my family. For the last many years, after I moved out of that space, I have not spoken on anything related to Ranbaxy or the industry.”
India’s pharmaceutical industry regulator meanwhile elaborated on the action it is considering against Ranbaxy. Drug controller general of India G.N. Singh said in an interview that all drug applications and dossiers filed by Ranbaxy as well as court documents presented in the US will be scrutinized to see if there have been any breaches of the Drugs and Cosmetics (D&C) Act.
“No one and no company is above rules,” Singh said. “We want companies operating in India to follow established procedures and will initiate necessary steps to ensure that.”
He said the regulator’s duty wasn’t to companies but to patients and to ensuring that they have access to safe drugs. “I want to assure people that the drugs currently allowed in the domestic market are of good quality and as per the D&C Act,” he said. “We have no reason to believe that the company has violated Indian laws. The matter, however, is currently being looked at.”
The drug regulator pointed out that India’s rules vary from those in other countries.
However, he said, “We export drugs to 218 countries and we are conscious of our responsibility towards health of all those who use Indian drugs. From time to time, we have put companies on alert and taken appropriate action against then when violations have been established.”
India’s image as a low-cost generic drugs manufacturer of high quality could get a beating in the wake of recent developments, said Tapan Ray, director general of the Organisation of Pharmaceutical Producers of India, the industry lobby that largely represents foreign drug makers operating in India.
“In the backdrop of such high decibel quality concerns raised by USFDA, the level of apprehension regarding effectiveness of generic drugs made in India may increase, unless some tangible remedial measures are taken forthwith,” he said. “These issues are company specific; it will not be appropriate to comment even remotely that all generic drugs manufactured in India are of dubious quality.”
The Ranbaxy episode won’t taint all domestic manufacturers of generics as the development is specific to one company, said Dilip G. Shah, secretary general, Indian Pharmaceutical Alliance, which represents the top Indian companies.
“We should admit that it was crude if Ranbaxy hasn’t shown the documents regarding the non-compliance issues and the related investigation to Daiichi during the due diligence process,” he said. “If it is so, Daiichi has all the rights to raise legal remedies to recover the damage that it has caused the company post deal.”
Any impact on the overall industry will be short-lived, he said.
“I don’t think quality is a concern as far as Indian generics are concerned as the country has several manufacturing plants which have been approved by many regulatory agencies including USFDA, and those are products are there in the market for so long.”
Singh added that Ranbaxy was built on professional principles.
“This company was built over generations based on talent and capability. It was one of the few companies that ran professionally which went global because it was forward looking with an international perspective. These aspects speak about the management capability amply,” he said.
Cases such as the Ranbaxy one will persuade deal makers and potential buyers to dig deeper during the due diligence phase, said Avinash Gupta, head, financial advisory, at corporate consultancy and audit firm Deloitte Touche Tohmatsu India Pvt. Ltd.
“Many deals have gone wrong in the past not only in India but globally too, as exuberant buyers or deal makers tend to discount the impact of certain issues or factor them lightly,” he added.
India exports generic drugs worth about Rs.60,000 crore to least 200 key markets in the US, Europe, Africa and Asia. Of this, about 40% is to the US, the largest drugs pharmaceutical market in the world in terms of value.
India, the country which has the largest number of USFDA-approved manufacturing plants outside the US, has been the largest generic drug exporter to the US and Europe. Top Indian drug makers includingSun Pharmaceutiucal Industries LtdDr Reddy’s Laboratories LtdLupin Ltd and Cadila Healthcare Ltd, besides Wockhardt and Ranbaxy, also operate several manufacturing plants abroad, including the US, to cater to markets there.
The local industry has faced several US regulatory issues in the past. Besides the import ban imposed on Ranbaxy’s manufacturing plants in Himachal Pradesh and Madhya Pradesh, other key instances include a 2009 ban on one of the sterile plants of Hyderabad-based Aurobindo Pharma Ltd, an import ban on Claris Lifesciences Ltd’s plant in 2008 and a four-year ban on the manufacturing plant of Sun Pharma’s US subsidiary Caraco Pharma.
The local drug industry also faced intellectual property related issues while exporting drugs. In recent years, several export consignments from companies such as Cipla Ltd and Dr Reddy’s were seized at European ports on charges of patent infringements, though many of them were released later after they were proved to be legal consignments to either Europe or other markets.

 

PRESS RELEASE – The Koodankulam Mystery : Russian Officials’ Anxiety


People’s Movemenmt Against Nuclear Energy (PMANE)

Idinthakarai 627 104
Tirunelveli District
Mobile: 9842154073, 9865683735
Email: koodankulam@yahoo.com                                                      For Immediate Release
May 24, 2013
The Koodankulam Mystery : Russian Officials’ Anxiety
The periodic interventions of the Russian diplomats in India in defense of the Indian nuclear authorities are very intriguing and puzzling. Lauding the Tamil Nadu government’s decision on the Koodankulam nuclear power project (KKNPP) as “correct” but “long overdue,” the Russian Ambassador to India, Mr. Alexander M. Kadakin, said in March 2012: “From October to March, it is not Russia, it was India which was losing $1 million a day. Can we welcome the loss of the money that Indian people had put aside for construction?”
But the Russian ambassador did not explain how that loss exactly happened, or what his involvement in the Koodankulam transaction was, or how he calculated that $1 million loss per day. Most importantly, who was he to do the calculation? Though Mr. Kadakin was in close touch with the Indian government on the KKNPP issue, he said in February 2012 that he had not contacted the Chief Minister of Tamil Nadu saying “It may look a bit odd. I don’t like to bypass the Centre.”
Throwing all the diplomatic norms and values to the wind, Mr. Kadakin has been interfering in the internal affairs of our country. He commented in an interview in March 2012: “We have been suspecting it all along, and, I was openly saying this, because it was very strange. Six months after the Fukushima tragedy, all those protesters raise their voices. They were sleeping for six months, and then, all of sudden, they raise their voices against the most secure, the best and the safest (nuclear power) station in the world.” He added further: “We were perplexed, but now we stand vindicated.” Without directly naming the United States, Mr. Kadakin said some strategic friends of India who were not doing anything for its energy sector, did not like the idea of India becoming strong, and therefore, were stalling the Kudankulam project through proxies (Business Line, March 26, 2012).
A year later in February 2013, Mr. Kadakin said, “I think these (protests) are sponsored. They work in such a way that when money ends they stop and when they get another portion of money they resume their protests.” He asserted: “Yes, there are NGOs from outside who are feeding these protest organisation. India is a democratic country, people are free to protest if they feel some danger is coming.”
In May 2013, the Russian Ambassador accused anti-nuclear protesters of “playing games” as India moves to launch the country’s biggest nuclear power project. He said: “The unit number one is almost ready and second one will be ready within six months. But as regards pressure from protesters and from other people, these are all gimmicks and games. The games by those who don’t want to see India strong, who don’t want India and Tamil Nadu to have really much (needed) power.”
Mr. Kadakin had said “[Koodankulam] is the safest nuclear unit in the world which has been recognised by specialists and scientists in the West and the East.” If it is indeed the safest plant, why aren’t the Russians willing to offer any liability whatsoever? In December 2012, however, Mr.Kadakin said that negotiations on issues relating to civil nuclear liability law were still going on and stressed that if India insisted on liability, the price of Kudankulam units III and IV would go up. According to him, the two units were “grandsons of the original agreement” on Kudankulam units I and II which came into effect much before the civil nuclear liability law.
Joining the fray with his Ambassador, Mr. Nikolay Listopadov, the Russian Consul General in south India, has assured full commitment to all the Koodankulam units and said “the ties in this regard between the two nations…were guided by mutual interest” (The New Indian Express, May 19, 2013). What indeed is the “mutual interest” that tends to work up the Russian officials in India? Why are the Russian officials nervous about the Koodankulam project and want an immediate commissioning? What are they trying to hide? Who are they trying to protect? The inter-governmental skeletons will start tumbling out of the Koodankulam closet one by one soon.
The Struggle Committee
PMANE

 

Mumbai- Call HELPLINE 022-24131212 for any Mental Health Issue


100 calls a day, mental health helpline a hit

Bhavika Jain, TNN May 23, 2013,

MUMBAI: Life in fast-paced Mumbai seems to be taking a toll on its citizens. In just four days after the BMC launched its mental health helpline on May 14, as many as 352 calls were received. Currently, the 24-hour helpline is receiving between 85 and 100 calls a day.

According to the initial data, one-third of the calls to the helpline was from people above the age of 50 and they had issues like depression and irritability. The second highest number of calls was from those aged between 30 and 40 , who were facing anxiety and work-related stress.

Experts say the sheer number of calls on the helpline shows that the mental health of the people in the city is falling. People are looking for a medium to vent their thoughts and this helpline aims to do just that.

Additional municipal commissioner Manisha Mhaiskar said the response has been overwhelming. The BMC will have to eventually increase the number of lines connected to the helpline, she said. “We have appointed three counsellors to work in three shifts. We have also instructed them that in case there is a very difficult case, they should suggest to the caller that he/she should take an appointment in KEM Hospital’s psychiatry outpatient department so that he/she can be given a personal counselling session,”said Mhaiskar. She said they are not insisting that the callers give out their names and personal details.

The helpline, launched by the mayor, will be operated by KEM Hospital’s psychiatric department. To call the helpline, dial: 022-24131212.

 

Illegal GM cotton spreads across India


Author(s):
Latha Jishnu
Issue Date:
2013-5-22

In a replay of Bt cotton saga, Monsanto‘s Roundup Ready Flex is being grown in at least three states without clearance

http://www.downtoearth.org.in/dte/userfiles/images/cotton.jpg” width=”457″ height=”279″ border=”0″ />GM cotton has proved to be a grim experience for farmers as erratic rains and high costs of cultivation have resulted in poor returns. This appears to be a prime cause of the wave of farmer suicides that have touched nearly 9,000 since 2005 (Photo by Amit Shanker)

In the sweltering cotton fields of northern and western India, a special cotton seed that is tolerant to herbicides is spreading fast, making a mockery of the country’s ability to regulate the use of genetically modified (GM) technology. The seeds, according to reports from Gujarat, Punjab and Maharashtra, are those of biotech giant Monsanto which have been genetically engineered to withstand glyphosate, the active ingredient of its herbicide Roundup. India has yet to approve herbicide-tolerant seeds.
This is a replay of how GM technology took root in the country 12 years ago.

In 2001, reports were rife of the widespread use of Bt cotton, the GM cottonseed, in Gujarat where thousands of farmers had started illegal cultivation before the regulators could approve its commercial use. Following a campaign by the industry and leading media organisations, Bt cotton was cleared without some essential safeguards. Regulators did little to check how Bt cotton was being grown, whether the mandatory refugia or buffer zones were being maintained to prevent the contamination of non-Bt fields that would also help to slow down the resistance to Bt.

In 2013, history is repeating itself as herbicide-tolerant GM cotton known as Roundup Ready Flex  (RRF) spreads illegally in at least three states. Roundup Ready Flex, first reported to be in use in Gujarat last season, has since spread to Punjab and Maharashtra although the regulator, the Genetic Engineering Appraisal Committee, has not cleared the technology. This is being field-tested by Monsanto’s Indian partner, the Maharashtra Hybrid Seeds Company better known as Mahyco.

Mahyco, incidentally, was the first Indian company to get approval for the commercial release of Bt cotton that was marketed as Bollgard in 2002.

Farmers’ organisations in Maharashtra, particularly those in Vidarbha, have become alarmed by the spread of the illegal Roundup Ready Flex. The region is notorious for the huge numbers of suicides by primarily cotton farmers in the past 15 years and farmers’ lobbies have been blaming the use of GM technology or Bt cotton as it is known for the spate of suicides. Glyphosate kills only the weeds and leaves the crop, reducing labour for farmers.   However, a significant concern with the heavy use of glyphosate is that it leads to the growth of superweeds that are resistant to glyphosate.

A recent report from Manitoba, Canada, says more than one million acres (404,686 hectares, one acre equals 0.4 ha) of Canadian farmland have glyphosate-resistant weeds growing on them. This estimate is based on a survey of 2,028 farmers, conducted by Stratus Agri-Marketing Inc. This is an extremely high figure which has been disputed but in the US, the biggest user of GM, pesticide use has gone up dramatically due GM herbicide-resistant weeds, warns Doug Gurian-Sherman of the Union of Concerned Scientists. “Millions of acres of glyphosate-resistant weeds are causing real harm, such as increased tillage that increases soil erosion,” he points out.

In India, the spread of Roundup Ready GM cotton is matter of serious concern since GEAC had called for additional tests by Mahyco. Kishore Tiwari of the Vidarbha Jan Andolan Samiti (VJAS), a farmers’ advocacy group that is fighting to safeguard the sustainability of agriculture in drought-prone Vidarbha,  says herbicide-tolerant Bt cotton is being openly sold at Rs1,500/ per packet of RRF (450 gm) “which is highly objectionable because RRF is yet to receive approval”.

GEAC sources say Mahyco has been asked to provide detailed data on the use of RRF and its impact on the environment and approval for its commercial release is some way off.


 

RTI exposes a revenue loss of Rs 25,000 crore in Maharashtra


SHAILESH GANDHI | 22/05/2013

Would you believe that Maharashtra loses over Rs25,000 crore annually because of carelessness or corruption, and this has not been exposed so far?

Are we really poor or are we thrust into poverty? The recent scams, which have been unearthed, give me a feeling that we may actually be quite well off with enough resources. If the lakhs of crores of public resources being given away and snatched away by the few were to come to the public exchequer, we could be quite comfortable as a nation. I have been pursuing one such scam in Maharashtra in which I believe a few thousand crores of public money is being lost to benefit a few.

 

Maharashtra’ debt is about Rs2.7 lakh crore, and we pay the interest for this. A state owns many resources on behalf of its citizens. One of these is land. Governments sell some of the lands and give some on lease. The idea behind giving certain lands on lease is to basically have an inflation-proof investment and sometimes, to encourage certain activities. Hence it offers lands on lease. It wishes to retain the land so that it may basically ensure that its revenue matches with the growth in inflation.

 

A lease is legal transaction, which primarily lays down the area that is leased, purpose for which the land is to be used, period of lease, lease rent and certain other conditions. When the lease expires, it may be renewed with the lessor increasing the lease rent as per themarket price, which reflect the inflation in the intervening period.

 

When any individual or institution gives land or a property on lease and the lease expires, a fresh lease is drawn up at the prevailing market rates if the lessee wants to continue. This simple principle has not been followed in Mumbai and possibly in the state ofMaharashtra. I have been told that this is true all over the country. Some leases are renewed while some are allowed to continue occupying the land at the old rates. What are the reasons for such irrational actions?

 

This may be due to carelessness or corruption.

 

I had discovered this in 2005 and drawn the attention of the chief secretary to this in a letter titled “Arbitrariness and huge loss of public money in public lands given on lease”. I have now got the scanned copy of the file relating to this which has over 600 pages over the years and has ended on a bizarre note.

 

The Supreme Court is the 2G case has said, “In conclusion, we hold that the state is the legal owner of the natural resources as a trustee of the people and although it is empowered to distribute the same, the process of distribution must be guided by the constitutional principles including the doctrine of equality and larger public good.” The poorest man who may be starving is an equal and rightful owner of this land, and it is necessary that the appropriate revenue is obtained for him. I looked at the list of leases of lands given by the two collectors of Mumbai (obtained in RTI) and decided to calculate the worth of the lands where lease deeds have expired and unauthorized occupiers are allowed to continue.

 

Let me first share the route the Maharashtra Government has decided to adopt after eightyears of confabulations: The government has decided to offer the lands to the lessees at about 20 to 30% of the value! I am shocked at this irrational action of the government and think it is about time, citizens defend their revenue by telling the government they will not accept this approach. Below are the detailed calculations…

BOX:

 

Note on some assumptions in calculations:

I used the Ready Reckoner rates, which are for FSI of 1 (one). I checked with some renowned architects and builders and was told that the land value for the island city is reckoned at a FSI of 3 to 5 and for the suburbs at a FSI of 2 to 4, I therefore assumed land value at FSI 3 for the city and 2 for the suburbs. In the case of the suburban collector, when I could not get the value of the land from the Reckoner I took two leases which had been given. In 2007, for an access road Rs1,062 per sq mtr had been charged; I therefore assumed a rate of Rs1,200 per sq mtr in 2013 for access roads, playgrounds, etc.
For other uses, I assumed a rate of Rs5,200 per sq mtr since a lease had been given in Malad for a CNG outlet in 2009 at Rs5,348 per sq mtr. In the case of Mumbai collector, since usage has not been provided, I have assumed that the total rent would be less by 15% to take into account the open grounds/ playgrounds, etc.
My feeling is that the total figure, which I have arrived at is most probably an underestimate. I have assumed that the market would be willing to bid at least 7% of the market value of the lands. In this case the fixed lease rent would be payable for a period of about 30 years. Future escalations would be to the lessee’s advantage.
On this issue I quote from the Supreme Court judgement in Matter No.C.A.No.5559/2001 JH Wadia v/s. Board of Trustees, Port of Mumbai, where it said, “The period between 1.4.1994 and 31.3.2000 is the bone of contention. The compromise proposals proposed 15% return for non-residential use and 12% return for residential use as the fair market rent on the estate value. The division bench of the High Court has directed these rates to be reduced to 6% and 4% respectively. Instead of our undertaking an exercise afresh as to what would be a fair and reasonable return to the Bombay Port Trust, it is sufficient to record that all the learned counsel for the parties excepting the Bombay Port Trust, have agreed that the lessees are prepared to accept the rates revised as 10% and 8% respectively.”
Based on this I feel a rate of 7% today is very conservative.

In the case of the information about leases provided by the Mumbai collector, in 103 cases there is no mention of the lease date and period of lease. Despite a specific query by me using RTI, the PIO has said they will need two to three months to provide this information!
 
There are also other government agencies like BrihanMumbai Municipal Corporation (BMC), which have similar lands in Mumbai. My calculation (see box above) estimates that there is an annual loss of about Rs1,550 crore by Mumbai Collector and about Rs1,200 crore due to the suburban collector (see below), i.e. a total revenue loss of Rs2,750 crore every year.

 

 

The government now proposes to give away ownership rights to the lessees for Rs2,248 crore plus Rs1,841 crore onetime! Citizens must protest before the government dispossess us of our land and legitimate revenue.

 

If we can get the government to auction the leases in Mumbai and all over Maharashtrawe could have a revenue stream of over Rs25,000 crore each year. Citizens and media need to make the government get the appropriate revenue by fixing lease amounts at current rates. Also this is a revenue stream which is partial hedge against inflation, saving future generations from having to pay ever higher taxes.

 

(Shailesh Gandhi served as Central Information Commissioner under the RTI Act, 2005, during 18 September 2008 to 6 July 2012. He is a graduate in Civil Engineeringfrom IIT-Bombay. Before becoming a full time RTI activist in 2003, he sold his packaging business, Clear Plastics. In 2008, he was conferred the Nani Palkhivala Memorial Award for civil liberties.)

People should oppose FDI in retail: Mahasweta Devi #mustshare


 

Kolkata, May 21 — Supporting West Bengal Chief Minister Mamata Banerjee‘s decision to withdraw from the UPA last September on the issue of FDI in retail, eminent writer Mahasweta Devi Tuesday exhorted people from all walks of life to protest against the measure.

“Of course, I support our chief minister’s decision to withdraw from the centre on FDI. I think everybody should protest against it. People from all walks of life should contribute in their own way in standing up against it,” Mahasweta Devi said while launching a book “FDI-Gobhir Shorjontror Shikar Aamra” (FDI-We are a target of conspiracy).

The 89-year-old Jnanpith awardee suggested tapping into indigenous resources for India‘s growth and development.

“We have sufficient resources. If we use them properly then India can walk on a path of progress and development,” she said.

Mahasweta Devi said she was “somewhat satisfied” with the state government’s stance on introduction of foreign direct investment (FDI) in retail.

Commending the Trinamool Congress for “trying” to bring about changes during its two years in power, she said it is too early to comment on its impact.

“It’s too early to comment. It has just completed two years. It hasn’t done too good or anything worth praising nor it has done anything bad worth criticising.

“It’s trying… let’s just say that,” she added.

Trinamool Congress Monday completed two years in power in West Bengal.

 

nydailynews.com

 

Phaneesh Murthy saga: Why insurers should refuse to cover serial offenders of sexual harassment #Womenrights


 SUCHETA DALAL | 23/05/2013

If you work in risky jobs or have a medical condition, you pay a higher premium. Some people are even denied insurance. Shouldn’t insurers refuse to cover serial offenders of sexual-harassment too? This may help women get a fairer treatment in companies

When iGate hired and helped rehabilitate Phaneesh Murthy, the disgraced marketing whiz kid, this is what Ashok Trivedi, its founder, had to say. “For us, this deal is like getting Babe Ruth and the whole Yankees team at the same time. Not only do we get Phaneesh and the crackerjack team of Quintant but we also get to add their expertise in the BSP domain to our fast growing BPO business”. Of course, he did not have a word to say about Murthy’s serial misbehaviour with women employees, while he was a star, the blue-eyed boy at Infosys, and how iGate planned to contain a similar damage to itself.
Ten years later, iGate may have sacked its “Babe Ruth” but it still faces the prospect of an expensive lawsuit or settlement with its former employee, on account of Murthy’s uncontrolled peccadilloes. And while iGate may have celebrated its entry into the billion dollar IT club by gifting Phaneesh Murthy a Ferrari, it is now left to handle the assimilation of Patni Computers merger, without its star player.
What we are keen on watching is how insurance companies react to this. Consider this. If you declare that you have diabetes or an angioplasty in your medical insurance form, your insurance cover shoots up. Airline and shipping companies pay a significantly higher premium because they operate in risky professions. Shouldn’t the same hold true when companies hire senior executives accused of sexual harassment or try and brush the problem under the carpet by sacking the women who complained?
Let’s take a look at all the things iGate ignored when it hired Phaneesh Murthy with much fanfare.
• The last time around, Murthy accused Reka Maximovitch of being a “gold digger” but it turned out that she had to take a restraining order against him that Infosys was blissfully unaware of. This time he is accusing his former girlfriend of ‘extortion’, but media reports say she is pregnant with his child and he was forcing her to abort it and quietly leave the company. Her action was probably provoked by this fact and is bound to cost iGate. It is incredible that the board had no clue what was going on after having hired a CEO with a reputation for sexual harassment.
• In 2003, Phaneesh Murthy made nasty innuendos about having sent Infosys a legal notice about vested stock options; he also suggested he wanted to fight the case but had his lies nailed with a point-by-point rebuttal by Infosys. He agreed to a $3million settlement in the Rexa Maximovitch.
• Not only this, there is another $800,000 paid by Infosys and the insurance company to another ex-Infosys employee, Jennifer Griffith, in a similar settlement. Murthy reportedly got away without paying anything.
This brings us to the issue of the Directors & Officers liability cover that companies take to protect themselves from charges against key employees. The question is simple: Will insurers cover top executives who are hired despite having paid/settled sexual harassment charges? If insurers do not impose conditions about serial offenders like Phaneesh Murthy, then their shareholders ought to be asking some tough questions.
In the US, companies tend to settle, rather than avoid expensive lawsuits which are also extremely damaging to their reputation as employers. After all, no good employer wants to be seen protecting those accused of sexual harassment. In India it is still the opposite. In fact, consulting companies that preach good governance and offer consultancy for a fat fee are among the worst offenders.
A lot of people are fully aware of the dogged fight that a smart chartered accountant has been fighting for a decade against KPMG. The company let go of the accused senior partner only in the past few months after the Delhi gang-rape and the Justice Varma committee report made it clear that middle-class India, which forms the bulk of employees in information technology companies, is no longer tolerant about sexual harassment in the workplace or outside.
As Moneylife reported yesterday, the demand for Directors  & Officers liability policies is still low in India and these policies are don’t necessarily cover sexual harassment explicitly. So far, companies are careful about their liability only when it comes to international operations. It is routine in India to sack women employees who dare to speak up. Even in the few cases where action is initiated against senior employees, the victim gets nothing and organisations go out of their way to protect the employee by hiding details about their sacking.
Worse, companies usually give such employees the option to resign which leave no negative record and allows the employee to seek employment elsewhere. Indian companies are big beneficiaries of the slow legal system and their clout. The charteredaccountant who dared to speak out against her boss, had her reputation dragged through the mud, faced vile posts on the internet and had faced every dirty trick in the book that delayed and blocked investigation. At the same time, the company forked out large sums of money to buy out lawyers or hire the most expensive legal brains in the country to harass the victim.
In fact, this global consulting company’s tactics have become a shining example of why smart women, who are concerned about career progress, would prefer to switch jobs rather than complain about sexual harassment. Unfortunately for Indian women, the legal system has let down career women so far. If complaining about sexual harassment puts an end to your career and leads to several decades of humiliating legal battles, it is no choice at all. Worse, sexual harassment remains rampant and unspoken in the three places that ought to lead the battle against sexual harassment—the Supreme Court, the media and politics. There is a conspiracy of silence when it comes to the transgression of senior politicians, editors, advocates and lawyers—how can women expect justice in this scenario? At least, if insurance for these situations is really costly, or if there is no insurance available for serial offenders of sexual harassment, it will check the malaise while we still wait for a systemic cure.

 

‘Court kutcheri’ Rap for Irom Sharmila #Raptivism #Protest #AFSPA


NEW DELHI, May 23, 2013

 

Sowmiya Ashok

Activists in support of Irom Sharmila hold a music satyagraha outside the Patiala house court complex in New Delhi on Wednesday. Photo: V.V.Krishnan
Activists in support of Irom Sharmila hold a music satyagraha outside the Patiala house court complex in New Delhi on Wednesday. Photo: V.V.Krishnan
TOPICS

Failure of democracy in Manipur could spell doom for entire country: activist

A Mumbai-based rapper and an alternative jazz duo, wearing garlands, carrying guitars, and accompanied by students and trade unionists — this motley group, which gathered on the lawns of the Patiala House Courts Complex early on Wednesday, attracted questions from the Intelligence Bureau, warranted notes in a police diary and brought in curious bystanders.

The usually laidback morning hours at the court complex were replaced by a “peaceful, non-violent open air jam” to support Irom Sharmila Chanu at her next Delhi trial. It was another matter that, a few hours later, Metropolitan Magistrate Akash Jain postponed the recording of prosecution evidence in a case against the rights activist to August 30, after Ms. Sharmila could not appear in court.

The piercing sounds of the trumpet in Aditi Veena’s hands announced the beginning of the ‘Musical Jam’ for which invites went out on social networking sites as early as mid-April. With 700 confirmed attendees on Tuesday night, the musicians were slightly taken aback at the initial sparse turnout — 15 persons — at half-past-eight. “We don’t know why we don’t have more people here but we are in need of some enlightenment, some illumination….,” said Mark Aranha, who, along with Aditi, forms the jazz duo Ditty & Mark.

A few songs later and the venue shifted from the garden inside the court complex to the footpath outside the main gate — so the media could take part as well. The venue change also prompted freelance rapper Ashwini Mishra aka ‘A-List’ to render Iron Lady, which he said had been a ‘work-in-progress’ for over a year. “That is right. It is the Armed Forces Special Powers Act… it is time for the people to take the power back…” he rapped, a year after he got back to the art-form after a sabbatical. “My second innings, so to speak, has been much more political,” he said.

The intent was a peaceful satyagraha which was in “no way anti-Army, anti-India or anti-security forces” but one which believed that “human rights is sacred.” But on the footpath outside the courts, the clash of class and language were palpable. “Everything is in English from the lyrics to the placards. How will anyone who walks past know what is going on?” commented a bystander.

It was trade union activist Alok Kumar’s first ‘musical protest,’ which he admitted made him uncomfortable but at the same time opened up new ways of doing things. “We are, in a way, positive about the gathering but this kind of performance has the potential to alienate people,” he observed. “We should be looking at a new form of art which can create a dialogue among people.”

A member of the North-East Forum for International Solidarity, Mr. Kumar felt it was important to understand the art form being presented and make it more context-specific.

“More and more people should know and relate to the issue. Failure of democracy in Manipur could create a condition where democracy can be killed in India.”

 

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