मन! आज रोना आया

देखा जब मार मादा को

सड़क किनारे असहाय

बड़े - बूढ़े और बच्चों को 

एक जूट समाय

नीर क्षीर बिन खड़े निरंतर

ढूँढते कोई उपाय

हज़ारों की भीड़ में

कैसे वो घर जायें

कश्मकश ये समझ ना पाया 

मन! आज रोना आया।

अर्थ व्यवस्था टूट गयी

कहकर उनको भागा दिया

सालों भर की मेहनत को

क्षणभर में  तुमने भुला दिया

 उनके छोटे बच्चों को देख 

क्या तुम्हारा मन ना घबराया? 

मन! आज रोना आया ।।

खुद को साहब कहलवाते थे 

बड़े बाबू बन आते थे

सलामी ठोक,पैर दबवा 

सब घर का काम करवाते थे

दो वक्त की रोटी देनी हो तो

वो भी  ना कर पाते थे

फिर भी इन मज़दूरों ने 

हँस कर सब बोझा ढोया

मन! तू आज फिर रोया।

समय गति को समझ ना पाए

बढ़ -बढ़ कर बर्बादी होगी

जो आज उनका हाल है 

कल वही तुम्हारी होगी

मत सोचना कि तुम अमर हो

कोई अदभुत शक्ति है पाया

मन! आज रोना आया ।।

                                   नीति शिखा 

उजली चादर पहने नीरद

शोभित किए अम्बर को

याद नहीं कब देखा था

आख़िर बार इस विस्मित पल को। 

कीट,मूषक ,मानुष सभी 

मूक बैठें है, भयाकुल

‘करोना’ के तिमिर में

स्तंभित और व्याकुल।।

अर्थ -अनर्थ, पीड़ निरन्तर

न कर पाया विज्ञान भी अंतर

कहाँ गया विश्व बंधुत्व

ख़तरे में सृष्टि समस्त।

नत मस्तक हुआ मानव 

मानवता का ज्ञान हुआ

विश्व विशाल को भी

लघुशक्ति का भान हुआ।।

बंद आज मानव

आगर में, अहम् में

स्मरण रहे है समाधान

अहम् नहीं, बस “हम” में।

                              “नीति शिखा”

Feminism in India: the Way Forward

Feminism debate has been long and ongoing in India. The culture where  women were worshipped and respected , has been reduced to one where they are glared, stared and talked down upon.

The movement to restore feminism in contemporary time itself is fragmented by caste, creed, sexuality and other disability. The "anti woman" treatment finds its justification through cliches that exist within various social normatives.  It is hard to say that perpetrators are men alone. There are several instances where women play greater role in perpetuating inequality against woman.

Being born as a "girl" has never been my concern since childhood, probably because born to a feminist mother, my rights were naturally enforced.  However, as I grow older, I realise  it is a my battle too, for I must stand with those who face gender inequality in our society. For me, Feminism is a fight for equality for women. The society which is predominantly patriarchal, is also equally hypocritical. Hence, the issue of equal rights to woman should be concern not only to the affected woman, but also to those unaffected self reliant lot who can strengthen the struggle for equality.

Discrimination of women and their unequal treatment is beyond contestation. Woman are that part of population, that is quintessential for procreation. Despite this, female infanticide is rampant in many parts of our country. In urban parts, even where there is no discrimination between a male and a female child, a sense of achievement and satisfaction is associated with birth of a male child. Only a few have risen above this.

While the sense of protection for girl child is higher, so is the level of sacrifice expected from them. Draupadi, who is considered to be epitome of feminism in India, is admired for her fortitude and sacrifice.  Those who don't wish to sacrifice and revolt against the patriarchy are often termed "feminist". The juxtaposition of strength and sacrifice which are attributable to females in our country
has caused more conundrum and not helped much  in raising position of women in society.

Another contradiction that has caused hindrance in procuring a status of equality and respect for woman is the attitude of menfolks towards women. While  at one side they are ready to bash up any one at slightest show of indecency towards their woman, be it their mother, sister, wife or friend. But the same men would not resist to pass any lewd remark on girls when they are out on their own.

Crime against women take various forms. Mental and emotional torture, enraging modesty of woman by passing lewd comments or indecent glares  are crimes equally disturbing .While crime against woman is on rise in India, the rate of conviction is fallen at an alarming rate.

To counter this,  we need to involve men as actively as woman,to advocate for equal rights and equal status for woman in our country. In the book Jewels of Authority, Women and Textual Tradition in Hindu India published by OUP, we find discussion on how unlike Western World,the feminist movement in India was initiated by men. In modern times,  involvement of men on similar lines, making them equal partners in our struggle for equality is required. Men need to be sensitized, acclimatised and  need to go through cultural morphosis.  Even a rude remark should be seen as a socially unaccepted behaviour.

Likewise,  women have to be more objective and show gender solidarity with those who are  victim of unequal treatment or violence that takes place around them.  I know many mothers who side their sons when their daughters or daughter in laws complain of rude and violent behaviour inflicted by the sons.

In name of protection, so many young girls are denied equal opportunity. If it is dark and unsafe for women to travel at night, instead of making an arrangement for safety, the mothers ask their daughters to remain indoors and give up their interest or desire. Sacrifice cannot be expected from women alone. In a family where a male does not take care of his family should be questioned and counselled.  So many  women domestic helpers are earning and taking care of their family without any support from their husbands. Situation then forces young kids to find  means to earn. There should be a law  not just for maintenance of woman, children and parents but also some law or policy to ensure that such men, who don't contribute to their family or child care can be put to question and compelled to act.

While jingoism and sloganeering has its own place and importance in this battle for equality for women, the effervescence of such movements dies quickly.  An attitudinal changes through perception building is necessary where both the gender are trained and sensitized on woman issues and their rights. Any indecent behaviour must be "shamed" and rejected by individuals. Woman disrespect should be seen as a crime as grave as homicide. Only then, we will the battle for equal rights and treatment for woman.

Celebrity Endorsement and Legal Liability

Recent ban on Maggi has kindled the debate on celebrity endorsement. Court has directed to lodge FIR against celebrities who have endorsed the product in past. While consumers seem to be divided on the opinion on whether such move is good, celebrities have come cautious on this and have stated that endorsement must be done with caution.

Maggi is not the first case to be tried out for false advertisement. There have been several cases where the regulators have held companies for wrongful advertisements. http://www.ascionline.org/images/pdf/advisory-to-tv-channels-for-advertisements.pdf

However, this controversy caught national attention as its consumers are from all caste, creed, age, and gender! It is a house hold product in India and is a product popular not only in urban India but also in the rural market.  It came to Indian market way back in 1982 but was not so popular then. However, 26 years later, Maggi rules the roost, with more than three-fourths of the 2,500 crore market in the bag, as of September 2012.

In India, laws like the Consumer Protection Act and Food Safety and Standards Act protect consumers against false claims and advertisements, and celebrities could be held liable under these laws. In courts, public interest has triumphed even at the cost of commerce. In 2008, Madras High Courts held that it cannot continue to follow old English precedents, which recognised the right of manufacturers to indulge in puffery while advertising their products. Be it the market regulators like SEBI or  sectorial regulators, they all have made conscious effort to protect consumer interest. This reflects in the decision by the Central Consumer Protection Council (CCPC) that has decided to hold celebrities responsible for wrong claims made in adverts.

The rationale behind CCPC’s decision to hold the celebs liable is plain and clear.  In India, 50% of advertisements are celebrity endorsed and there are ample of research to show that such endorsements translate into huge profit for companies. Considering India’s illiteracy, which is the largest in the world, one can safely assume that celebrity endorsements govern consumer choice for people who are less educated. A deep rooted “personality- cult” exists our country and there are some celebrities who have assumed a larger than life, “god- like” image! Past study has proved that endorsement by such celebs has a huge impact on the buying behaviour of the consumers.

For celebrities, brand/product endorsement has been a lucrative business till now. They could monetize their own brand value to yield profit to other brands. The fee for such endorsement ranged  as high as 5 to 6 crores. A US Consultancy firm “American Appraisal” in a study on celebrity brand valuation in India estimated ShahRukh Khan to be worth $100-million, the highest among any other celebrity. He is estimated to charge around Rs 3.5-4 crore per brand.  Thus, we see that there is a lot of commerce involved in this endorsement business.

If such deals are done between the parties who have equally strong& powerful bargaining power, should they both not be liable for product quality and safety? Should law show any laxity to those who make money from adverts, at the cost of human safety?

The Consumer Protection Act, 1986 under Sec 2 (1) (r) makes unfair labour practices which also includes misleading advertisements punishable. Sale of Goods Act provides that goods must be of merchantable quality and match the description.  Food Safety and Standards Authority of India Act mandates that food must not be hazardous to human health. Consumers cannot bargain out of this even if the goods are given at low price. The Contract law specifically provides that where a false representation is made to induce a party into a contract, the misrepresenting party is liable for its “misrepresentation”. The Indian Penal Code makes wilful misrepresentation and criminal negligence an offence. Seen through the lenses of law, the liability for celebrity endorsement is well found.

In Hong Kong, Law on Protection of the Rights and Interests of Consumers has a new clause that “Social groups and individuals who endorse products or services that cause harm to consumers should be jointly liable with the producer of the product or service provider”. This has made tough for the celebs to walk off with their fee and brush off any liability for endorsing a wrong product.

In USA, endorsements are subject to the regulation and oversight of the Federal Trade Commission (FTC). Section 12 of the FTC Act deals unlawful endorsements and false advertisements. Further, FTC has clarified that “If the advertisement claims the celebrity uses the product or service, the celebrity must in fact be a bona fide user, and the advertiser can only use the endorsement so long as it has a good faith belief that the celebrity continues to hold the views expressed in the advertisement.”

There are many other jurisdictions that have placed liability on celebrities for their  false endorsement. A point of caution here is that law must create room for brand advertisement and creativity. It should distinguish between puff and sale gimmicks and ensure that it does not make puffs and gimmicks can be allowed.   

In their misery, lies the Politics

Dans leur misère , se trouve les Politique

Source: Hindustan Times

This post is dedicated Shri Ganjendra Singh, who took his life away, amidst all the crowd, to awaken our inner consciousness towards farmer's plight.

I have been wondering why did he do so in a rally and why not at home, or in his state?  Probably, he knew that only in an event like that will his death get noticed. Else, like those several farmers who have taken their lives and still no help has reached them, he too will be just another one biting the dust!

Issue of farmer is sensitive, serious and personal, at least for me. I heard stories of how agriculture use to be main source of income for my grand parents, who educated their children, despite all odds. Either their land was used for tilling or would be sold off to wed off their daughters. 

I remember lines from a poem by my uncle, who wrote on the plight of farmers.

"झोपड़ी ठहर सकती तब ही, जब वायु उसे झकझोर न दे

वो दिया कब ही जल सकता है, जब बेरोक आंधिया जोर न दे 

धिक्कार तुजे तूफ़ान अरे, इन झोपड़ियो से लरता है?

यहीं खड़ी उन मीनारों को, देख देख तू डरता है!

डरता है झंझावात अगर, इन मिटटी के प्रासादों से 

तब दींन दुखी क्या कह सकते, इन बेलगाम शहजादों से 

मैं पूछ रहा जल्लादो से ...

.....

सुबह निकलते घर से और संध्या होने पर घर आते

मिटटी से धन उपजाते पर, बच्चों  को नहीं खिला पाते

अधखिला फूल वह रोता है, माँ उसको गले लगा लेती

बातो से भरती पेट और, धीरे धीरे सहला देती"

......

He wrote this almost 30 years back, before his poignant early demise, but the plight of farmers is still the same! 

Still the brunt of nature is felt harshest by them. Still the effect of good policy is least felt by them, Still we have farmers living without electricity and sufficient water and  still they are the most neglected sector of our country!

Green revolution is probably the last good thing that happened to them, when technology, planning and assistance addressed the issues of agriculture sector. It was then that hybrid variety seed, improved fertilizers, pesticides and cash help, all went to aid and assist the farmers.  However, not much has happened since then . 

 While in financial sector, derivative market was allowed to hedge  the rain or shine, there is no provision for insuring crops against "act of God" and the farmers are still left at mercy of God alone!

I will not bring any political debate here, for my apathy and shock is overwhelming and unlike most of the political parties doing the blame game and refuse to own up their negligence towards farmers, who are victim of  "vote bank" politics.  I will not shy away from owning to my mistake as an Indian who has failed these farmers. I would admit that till now, stories of their plight that I heard from my helps and others, were matter of momentary concern. I express my deepest regret for the same. 

Today, not only politicians, but all the Indians have failed this nation and these farmers. No one thought of them when they took the first morsel of the day.  We all had turned blind and left their issues  and concerns for MPs alone to handle. Visits were made to different parts of the world to procure missiles, jet planes, and technology but seldom was agriculture deliberated upon in these visits. While India kept on building their nuclear power and scientific technology, the science and technology did less to reach the farmers, address their issues, help them predict weather with accuracy, scientific method of mixed farming. Most of these farmers used their own experience and gut in farming, than any external expertise.

Farmers have to wait for long gestation period to reap what they sow, that too depends on factors like rain and storm, which is beyond human control. 

The result was, since 1970's, these politicians have been politicizing their misery.

 We cannot blame the government alone! Why did the opposition not fight hard the battle for the cause of farmers? Why did  we not make it a nation wide debate, as it is being done in the case of LAB? Government's indifference and opposition's ignorance (or indifference), both are to be blamed.  Also, all of us who have become insensitive to cause of farmers are to be blamed.

 I am not able to rest in peace and I am sure even the soul of  Gajendra jee is not able to rest in peace! I hope that the issue does not die its death like any other issue. I sincerely hope that his death awakens all of us.

Our society is living in a paradox, where at one side, we are contesting for equality in virtual world while  the inequality in real world is growing larger! I so hope that our economic and scientific development does not come at cost of those stakeholders, who stand at the periphery of circle of policy-planning but are at center point of  its impact.

Source: The Tribune
Flattened Wheat Crop After Rain

Mr. Prime Minister Needs a Sabbatical

This post is dedicated to all those individuals who created much noise about RG's sabbatical.  Mr. Vardarajan, a veteran journalist went on to say "Rahul, Please Note That Modi Takes No Sabbaticals".  I wondered, why so much brouhaha about  taking a sabbatical? Bible refers to God taking Sabbatical.   Even the growing field takes sabbatical during which time, it prepares for the next crop. The period of “Kharmas” in Hindus too depicts a similar spirit, where people take break and do no auspicious work.

Every university and almost every good company have provision for sabbatical. University of Columbia too  has provisions for sabbatical (Univ. of Columbia is Mr. Vardarajan's alma mater!), where  employees take a break for their self-development or  for complete leisure.

Coming back to point that Mr. Modi takes no sabbatical, I think  Mr. Modi may not take a sabbatical for as such he is mostly rejuvenating himself in foreign land, announcing his "make believe" plans and policies, which his team back is working hard to turn it real!  Mr. Modi hardly visits his constituency, and hardly spending any time on "soil of India", both literally and virtually! He may not feel the need for a sabbatical. 

However, I have a suggestion for Mr. Modi! I think he must take sabbatical to rethink on his future course of action, for his current approach on governance  seems to be failing him, his party and most importantly, people of India.

For instance, government claimed that coal auction will be done in more transparent way, yielding to higher yield. Not many know that  the government still retains the discretionary power to allot coal mines under it’s new auction policy vide section 5 of the proposed Bill. A copy of the Bill can be found  here. 

Further, the price of coal mines under the new auction policy will be administered by the government; and, as is the case whenever resources are allotted by any means other than competitive bidding in the open market, leaving  a lot of scope for “quid pro quo”. The resulthas been, and will be; no different with coal mines.

While Mr. Piyush Goyal, his cabinet minister, claims that the new Bill will bring transparency,  I wonder how? Section 20 allows successful bidder to enter into “Certain Agreements" or arrangements with other successful bidder or allottee or coal linkage holder, as the case may be, for optimum utilisation of coal mine for the same end-uses in the public interest and to achieve cost efficiencies. Well, to my sane mind, this agreement sounds more like “collusion” or “cartelization” that most of the antitrust agreements aim to prevent.

Modi Government’s claim on Rafale deal  too has mixed reviews, both by experts as well as people.

 Even in case of spectrum auction, while the govt claims that the price of airwaves in 800 Mhz and 900 Mhz has seen significant rise over the value fixed by government, on the flip-side, the telecom companies are lobbying very hard to impose OTT costs on to the consumer (against Net Neutrality). This will try to get them the money back that has been spent in procurement of spectrum.

Talking about consumers, Consumer Price Index CPI in India increased to 120.10( it did touch that peak even during UPA time, when oil prices In international market was much higher!)

 

Source : NASDAQ:http://www.nasdaq.com/markets/crude-oil.aspx?timeframe=3y

Oil prices, well crude oil prices have gone down significantly but its impact on the consumer is less significant. This is because high price charged by oil marketing companies (OMCs) to their dealers. Is the government is hand in gloves with these companies? Why does the government not check the soaring price? As rightly pointed out by Mr Sitaram Yechury, “the benefit of low fuel prices in the international market has not been passed on to the common man. Instead, the Government hiked excise duty to benefit industrialists. http://indiatoday.intoday.in/story/petroleum-dharmendra-pradhan-excise-duty/1/406286.html)

Some where the economics of BJP has failed both its own electoral who have been waiting for their “Acche Din” and all Consumers! Let alone the discussion on religious intolerance that has grown in our country, the anti- national behaviour of their alliance govt in J&K and spread of religious discrimination by acquiescing to decision on separate dresses for Hindu & Muslim kids in Ahmedabad. 

Source: Indian Express

Source: Indian Express

The main purpose of a school uniform is to spread uniformity and uphold equality           ! But even the government seems to sow the seed of discrimination eve in those innocent minds.

It is high time, Mr. Prime Minister takes a sabbatical, reflects back on these issues and come back with a cogent plan on how to run the country.