20171101 - Judicial safe zones: on special deposition centres in courts

Deposition centres will help create a conducive atmosphere for child witnesses
It has long been recognised that children testifying as witnesses find the courtroom experience intimidating. In many cases, they are victims
themselves, and may be deterred from deposing fully and confidently in the formal atmosphere. The Supreme Court’s direction that within three
months there should be at least two special deposition centres under every high court’s jurisdiction is a positive step towards ensuring a conducive
and protective atmosphere for vulnerable witnesses. This takes forward the principle already contained in laws relating to children. For instance, the
Protection of Children from Sexual Offences Act provides for child-friendly procedures during a trial. Under this law, the officer recording a child’s
statement should not be in uniform; also, during court proceedings steps must be taken to ensure that the child is not exposed to the accused. The
court is allowed to record a child’s statement through video conferencing, or using one-way mirrors or curtains. At present, Delhi has four such
deposition centres, backed by guidelines framed by the Delhi High Court. The amicus curiae in a criminal appeal before the Supreme Court had
suggested that such special centres are needed in criminal cases that involve vulnerable witnesses. The Bench, setting aside a high court’s acquittal of
a man accused of raping a hearing and speech impaired girl and restoring the trial court’s conviction, agreed such centres are needed with safeguards.
The Delhi High Court’s guidelines are inspired by the UN Model Law on Justice in Matters involving Child Victims and Witnesses of Crime. The
main objectives include eliciting complete, accurate and reliable testimony from child witnesses, minimising harm, and preventing ‘secondary
victimisation’. Secondary victimisation, or the harm that occurs not due to a criminal act but through the insensitive response of institutions, systems
and individuals, is something that vulnerable witnesses often experience in cases of sexual violence. The creation of special centres would have to
imply much more than a safe space for recording the testimony of vulnerable witnesses. It should also mean that multiple depositions and hearings at
which they have to be present are avoided. In particular, they should not have to needlessly wait for their turn or be subjected to procedural delays.
For now, the term ‘vulnerable witnesses’ is limited to children, but the principle may have to be expanded to include adults who may be equally
vulnerable to threats and an atmosphere of fear and intimidation. Victims of sexual violence and whistle-blowers whose testimony against powerful
adversaries may endanger their lives require a conducive atmosphere to depose. Ideally, every district in the country would need a special deposition
centre. The infrastructural and financial burden may be huge, but the state will have to provide for it to abide by the overarching principle of
protecting vulnerable witnesses.

20171101 - The Burundi way, on the country's decision to quit ICC

As it becomes the first country to leave the ICC, questions of UN jurisdiction remain
Burundi’s decision to quit the International Criminal Court is likely to resonate in other African states whose leaders have long complained that they
are targeted for investigation by the UN institution. But the obstacles faced by the court in The Hague to hold big global powers to account for
human rights violations does not detract from the complicity of the region’s many dictators in subverting democratic institutions to keep their grip
on power. Burundi is the first member-country to leave the ICC. In September, a UN commission investigating violence for over two years under
President Pierre Nkurunziza recommended a criminal investigation by the court. The panel corroborated the evidence collected by fact-finding
missions, which have reported large-scale incidents of sexual abuse, torture, forced disappearances, and summary executions of over 500 people. The
flight of refugees to neighbouring countries is said to have exceeded 400,000. All these atrocities were triggered by legitimate and often heroic
protests in this small central African state against one man’s lust for power. Mr. Nkurunziza won a third term in 2015, in contravention of a provision
in the 2003 peace agreement and despite an opposition boycott. He rejected the two-term limit in his renewal bid, contending that his first tenure
should not be counted as he was elected by parliament rather than through a popular vote. His pursuit of power became all the more savage since an
aborted coup prior to the elections, and the military and intelligence services seem to have rallied behind his authoritarian agenda.
Meanwhile, international pressure to bring the situation in Burundi under control has proved ineffective. The African Union (AU) abandoned plans
last year to authorise a peacekeeping mission, despite the commitment codified in the bloc’s charter to intervene to prevent genocide. But that initial
enthusiasm dissipated. Securing an extension of presidential terms is not unique to the Burundian leader. Burundi’s example may well be emulated by
other countries. Within weeks of a parliamentary vote last year to leave the ICC, South Africa announced its own decision, which has been deferred
pending legislative approval. More worrying is the mood across the AU to defy the jurisdiction of the Rome Statute, the founding treaty of the ICC.
The erroneous logic of the region’s leaders is that since most of the ICC investigations involve African governments, the institution is somehow
biased against the continent. Such arguments are unlikely to appeal to their people. In any case, Mr. Nkurunziza’s regime may not be able to evade
the international court; the UN Security Council is empowered, under the Rome Statute, to refer complaints against non-member nations. Having
unanimously backed constructive engagement, the Council may exercise its authority if the situation remains dire.

20171102 - Moving up in the Ease of Doing Business index

India moves up the doing business index, but the challenges remain formidable
India’s surge in the latest World Bank report on “the ease of doing business” around the world — from the 130th position last year to the 100th —
could not have come at a better time for the government. Facing sustained criticism of late over its handling of the economy, it was not entirely
surprising that Finance Minister Arun Jaitley held a press conference just to discuss the findings of the Bank’s report. He reiterated the commitment
to pursue more reforms, especially in areas where the Index still rates India poorly among 190 countries. Prime Minister Narendra Modi has set for
his government the target of entering the top 50 in the Bank’s index, from the 142nd rank India was placed at in 2014 soon after he assumed office.
Specific steps to cut red tape seem to be paying off, with the Bank recognising India as one of the top 10 countries that have made improvement
over the past year, and the only large country to see a significant shift. The introduction of the new insolvency and bankruptcy resolution process,
simplifications in the payment of statutory dues such as provident fund contributions and corporate taxes and easier access to credit are among the
key changes that spurred India’s latest ranking. It is also notable that India is now the fourth best placed in the world for minority investors, well
ahead of several developed nations.
The Bank’s report, based on executive actions and ground-level feedback from businesses in Mumbai and Delhi till June 1 this year, however, does not
take into account the impact of the goods and services tax launched a month later. The quality and pace of course correction on the GST in the
coming months will determine if India can hold its 100th position or move up further. Talking up the Modi government’s approach, Mr. Jaitley
sought to contrast the UPA era with the NDA’s tenure by saying that the ease of doing corruption has been replaced by the ease of doing business.
While the government has valid reasons to be upbeat, it must not lose sight of the larger challenges. The enforcement of contracts now takes longer
than it did 15 years ago, while procedures to start a business or secure a construction permit remain cumbersome. As the country’s largest urban
agglomerations, Mumbai and Delhi cannot host the kind of large factories that India needs to generate adequate employment. It is critical that such
procedural reforms reach the hinterland and a road map be drafted for the larger legislative changes needed in matters such as land acquisition. Lastly,
while foreign investors are important, they often take their cue from the mood of domestic businesses. Last week, for instance, Sunil Bharti Mittal
said the ease of doing business remains a concern despite the government’s best intentions, and mooted a structured dialogue between India Inc. and
policy-makers on the irritants to investment. The government, with great orators in its ranks, could perhaps be a better listener.

20171102 - The war on TB

India registers a few successes but the surveillance systems remain inadequate
There is a glimmer of hope with India registering a slight drop in the number of new tuberculosis cases and TB deaths in 2016 compared with 2015.
From an estimated 2.84 million new cases in 2015, the number dropped marginally to 2.79 million in 2016, according to the World Health
Organisation’s Global tuberculosis report, 2017. Incidence estimates for India are considered interim, pending a national TB prevalence survey
scheduled for 2017-2018. In terms of mortality, the drop was from 0.51 million in 2015 to 0.43 million in 2016. The number of deaths and the
incidence rate have been falling both globally and in India. The targets set in the End TB strategy are global reduction of 20% in incidence and 35%
in mortality by 2020, taking 2015 as the base year. To reach that target, the global drop in incidence has to be 4-5% a year — currently it is about
2% a year. Also, the percentage of deaths should come down from the current 16% to 10%. With India accounting for the highest TB incidence (23%)
and mortality (26%) globally, success in realising the End TB targets hinges largely on the country strengthening its systems. The first step in
defeating the disease and achieving the targets is to record every diagnosed patient through case notification (that is, when a person is diagnosed with
TB, it is reported to the national surveillance system, and then on to the WHO). There was a 34% increase in case notifications by health-care
providers in the private sector between 2013 and 2015. It improved from 61% in 2015 to 69% in 2016. But much work remains to improve case
notifications as only 1.9 million TB cases in the public and private sectors were notified in 2016, leaving a 25% gap between incidence and
notification, the largest in the world. Though notification was made mandatory in 2012, multiple surveys and surveillance data still show large under-
reporting of detected TB cases, especially in the private sector.
With a higher number of people with TB being tested for drug resistance, the percentage with resistance to the drug rifampicin alone more than
doubled to 0.58 million in 2016 over the previous year. Also, the number of estimated multi-drug-resistant TB cases increased marginally to 84,000.
But the number of people with MDR-TB enrolled for treatment improved marginally between 2015 and 2016 (from 26,996 to 32,914). For the first
time, baby steps have been taken to offer preventive TB treatment to a small (5%) number of people who are HIV-positive, and 1.9% of children
below five years who are household contacts of people recently diagnosed with pulmonary TB. Notably, domestic funding (74%, $387 million) for
anti-TB work has been more than that from international sources (26%, $124 million). While better funding might help India inch closer to its stated
goal of ending TB by 2025, much more is needed in terms of funding and commitment on all fronts.

20171103 - Terror in New York

‘Lone wolf’ attacks are a security and political challenge; Donald Trump’s rhetoric won’t help
The terrorist attack in New York on Tuesday confirms fears that terrorism, especially in the West, is becoming more decentralised, with individuals
radicalised by terrorist ideology taking up arms on their own. Like the ‘lone wolf’ terrorists in Nice or Berlin, who killed over 100 people last year,
the New York attacker ploughed a pickup truck into a busy bicycle path in Manhattan, killing eight. Officials say Sayfullo Saipov, the 29-year-old
Uzbek immigrant, was inspired by the Islamic State and wanted to inflict maximum damage. This is a unique challenge for governments. Over the last
few years, Western agencies have foiled multiple terror plots. The U.S. is a case in point. It has not seen any major coordinated terror attack since
September 11, 2001. But the chances of detecting and foiling a sophisticated terror plan by a network are higher than preventing a lone wolf attack.
Even before the IS suffered military defeats in its core territories in West Asia, it had outsourced terror to members and sympathisers. This means
that someone inspired by the IS world view and living in, say, New York or Nice doesn’t have to contact IS handlers or wait for orders from Raqqa or
Mosul. He or she can be both planner and executor. That is what happened in Nice, Berlin, Orlando and now New York.
Governments face both political and security challenges. The political challenge is to find the root causes of radicalisation and address them. This
cannot be done without support from community members and leaders. The security challenge is to be more efficient when it comes to preventive
measures. In the case of Saipov, officials say he had been planning for a year to strike civilians. He had hired a truck earlier to practise making turns
and rehearsed the route where he wanted to stage the attack. Once such an attack happens, the challenge is also to prevent polarisation along
religious or ethnic lines while sounding the message of unity and resolve to fight terror. Instead, President Donald Trump has grabbed the moment to
assail his political rivals and drum up support for his anti-immigration policies. He has already promised to step up “extreme vetting” — even though
it is unexplained how “extreme vetting” could have prevented the New York attack, or how officials could have foreseen in 2010, when Saipov entered
the U.S., that he would become a threat seven years down the line. Also, Uzbekistan is not on the list of countries targeted under Mr. Trump’s
immigration ban. Washington needs a result-oriented plan to check radicalisation as well as prevent more terror attacks rather than ideological plans
that are, in a way, helping the extremist narrative about Muslims being discriminated against and persecuted in the West.

20171103 - Trying politicians: on setting up special courts

Special courts may help speed up cases, but should they get differential treatment?
The Supreme Court’s order directing the Centre to frame a scheme to establish special courts exclusively to try cases against politicians marks
another milestone in the higher judiciary’s continuing campaign to cleanse politics of the taint of crime. The court has handed down many rulings
that make legislators and holders of public office accountable for corruption. In recent years, it has grappled with the disturbing phenomenon of
criminals entering the electoral fray. In a landmark verdict in 2013, the court removed the statutory protection for convicted legislators from
immediate disqualification; and in 2014, it directed completion of trials involving elected representatives within a year. The court is now keen on
establishing a time-bound and exclusive judicial mechanism to expedite trials involving “political persons”. The order requires the Centre to provide
details of the funding necessary to set up special courts, and indicates that State governments be involved in the exercise. True, cases involving
offences by serving or past legislators move rather gingerly in the present criminal justice system. It is apparent that those with political influence
have taken full advantage of its inherently languid nature by delaying hearings, obtaining repeated adjournments and filing innumerable
interlocutory petitions to stall any meaningful progress. A few prominent leaders have been successfully tried and sentenced, but these are exceptions
rather than the rule. For influential politicians, a criminal prosecution is no more than a flea bite; and, sometimes, even a badge of victimhood that
redounds to their electoral benefit.
However, establishing special courts may not be the ideal way to expedite cases. From the viewpoint of the accused, the idea could smack of
victimisation and engender a feeling of being chosen for discriminatory treatment. There is already a provision for special courts to try various classes
of offences. For instance, corruption, terrorism, sexual offences against children and drug trafficking are dealt with by special courts. However,
creating a court for a class of people such as politicians is discriminatory. While corruption charges against public servants are being handled by
special courts, it is a moot question whether there can be special treatment for offences under the Indian Penal Code solely because the accused is a
politician. A possible legal and moral justification is, of course, available. It is in the public interest to expedite cases in which those in public life face
serious charges. It would be primarily in their own interest to clear their names quickly, lest their candidature be tainted. Also, the earlier order for
completion of trial within one year appears to have had no significant impact. Special courts may indeed address these issues, but the ideal remedy
will always be a speedy trial in regular courts. If only the routine criminal process is pursued with a universal sense of urgency, and if enough courts,
judges, prosecutors and investigators are available, the expediency of special courts may not be needed at all.

20171104 - On NTPC boiler blast: Unsafe boilers

The Unchahar tragedy points to an unforgivably lax safety protocol
The boiler explosion at NTPC’s Unchahar power plant in Rae Bareli underscores the importance of inspections and protocols for hazardous industrial
operations. It has cost at least 32 lives and caused severe injuries to scores of personnel. High pressure boilers are hazardous pieces of equipment,
which are strictly regulated with special laws. In fact, the basic objective of the Indian Boilers Act, 1923 is to ensure the safety of life and protection
of property by mandating uniform standards in the quality and upkeep of these units. That the Uttar Pradesh government failed miserably in meeting
this objective is evident from the accident at the public sector facility. Quite clearly, the accident was entirely preventable because boilers are
designed to provide warnings as soon as dangerous pressure builds up and trigger automatic safety devices at a critical point. They should undergo
periodic inspections to ensure that all these features are working and intact. At the Unchahar plant, the blocking of an outlet for waste gases by ash,
unusual in a fairly new boiler, calls for an inquiry into the quality of the equipment and the fuel used. Ideally, these aspects should be investigated by
an external agency and not the NTPC.
Industrial regulation has, unfortunately, come to be viewed as a barrier to ease of doing business in India. This is a result of inefficiency and
corruption and the typical response of governments has been to relax crucial safety checks. Self-certification and third-party certification of facilities
has received support from policymakers even in the case of boilers. Soon after assuming office, Prime Minister Narendra Modi likened maintenance of
boilers to that of a privately owned car, where owners should be trusted to do their best because they understand the need for safety in its operation.
But the two are not comparable. The Unchahar accident shows it is in everyone’s interest to have a transparent regulatory mechanism for hazardous
industrial activity. The safety and welfare of workers and the public at large cannot be compromised. A rigorous approach to accident reporting must
become part of the process if the weak spots in regulation are to be addressed. National Crime Records Bureau data provide insights into casualties
caused by industrial boiler and gas cylinder explosions — there were 61 deaths in 2015 — and the rise in the number of accidents over the previous
year points to the need for strict enforcement of safety protocols. The loss suffered by families of workers due to an accident that could have been
averted cannot be compensated just financially. It must be the Centre’s endeavour to see that measures taken to make it easy to do business do not
translate into lack of regulation, and putting lives at risk. Administrative reform can eliminate the corruption of inspector raj and achieve transparent
regulation, while keeping the workplace safe.

20171104 - On Rohingya crisis: Suu Kyi in denial

The global community cannot afford to ignore Myanmar’s treatment of the Rohingya
Nearly three months after violence escalated against the Rohingya in Myanmar’s Rakhine State, leading to the exodus of more than half a million to
neighbouring Bangladesh, State Counsellor Aung San Suu Kyi finally visited the region. By all accounts, Ms. Suu Kyi had little more than platitudes
to offer and her words showed no recognition that what transpired is a “textbook example of ethnic cleansing”, as the UN Human Rights chief put it.
This is extremely disappointing. Ms. Suu Kyi endured years of house arrest and unremitting hostility from the military junta before emerging
victorious in a free and fair election two years ago. But despite taking over a top post after the election, her civilian government’s powers have been
clipped as the military still holds sway over defence, home affairs and border issues. Ms. Suu Kyi, a recipient of the Nobel Peace Prize, has found it
pragmatic not to challenge the official rhetoric in Myanmar, which suggests the military’s actions were aimed at tackling “terror” in Rakhine. This
could be for two reasons. First, she does not want to upset the fragile balance of power in the fledgling democracy after years of rule by the junta.
Second, there is a clear lack of empathy for the Rohingya in a country that has seen the rise of Buddhist and Bamar majoritarianism that has
corresponded with an official “othering” of the Rohingya, who are Muslims, as non-citizens. Despite the widespread international condemnation of her
government’s actions, Ms. Suu Kyi has sought to pander to the domestic gallery by defending the military’s actions in Rakhine. Her conduct during
her visit to the region this week suggests that she has no intention of effecting any real or meaningful change in her government’s position on the
Rohingya.
The Rohingya, meanwhile, have been left to deal with themselves, unwanted and stateless in their homeland and forced to migrate, mostly to
Bangladesh, in hazardous conditions. Dhaka has been trying to drum up support and relief for the constant and unremitting stream of refugees
making their way to Bangladeshi soil. Against this background, it is unfortunate that New Delhi has turned its back on the Rohingya refugees,
leading to perceptions that it has failed to rise to its status as a regional power and take the lead in dealing with the humanitarian crisis. The
Myanmar government has said that it will repatriate returning Rohingya if they prove they were residents of Rakhine, but it is not clear how the
refugees would be able to do so having been denied citizenship and having fled their villages under duress with barely anything in hand. Myanmar’s
evasiveness makes it all the more imperative that the international community, including India, quickly provide succour for the hundreds of
thousands of Rohingya who are living on the edge.

20171106 - Change, yet continuity: on Jerome Powell's nomination as US Fed Chief

Jerome Powell’s nomination as Fed chief will reassure U.S. and global markets
President Donald Trump’s decision to name Federal Reserve Board Governor Jerome Powell as his pick to head the central bank signals that the
businessman-turned-politician has plumped for continuity even as he ushers in change. For a President whose first nine months in office have been
marked by a succession of signature appointments to key posts ranging from a Supreme Court Justice to heads of federal regulatory bodies, the
choice of the 64-year-old lawyer and former investment banker suggests that Mr. Trump’s business instincts won. Mr. Powell, who was appointed by
President Barack Obama as Fed Governor in 2012 and worked alongside the incumbent Chair, Janet Yellen, over the past five years, will represent
policy continuity in the monetary management of the world’s largest economy. After all, with the economic engine ticking over nicely and creating
jobs, and the markets buoyant, there was little reason for Mr. Trump to run the risk of choosing someone who may have altered the calibrated
approach the Fed has adopted in overseeing the recovery from the global financial crisis. Two of the other short-listed probables — Kevin Warsh and
John Taylor — had both been critics of the Fed’s actions. That Mr. Powell had served in the Treasury Department during the George H.W. Bush
administration means that he will, in all likelihood, receive bipartisan backing in the Senate.
Emerging markets, including India, can heave a small sigh of relief with Mr. Trump’s choice, given the influence the Fed’s interest rate decisions have
on global capital flows. Delivering a lecture on ‘Prospects for Emerging Market Economies in a Normalising Global Economy’ last month, Mr.
Powell acknowledged the challenges these economies faced as a result of the ‘normalisation’ of global financial conditions — shorthand for the slow
but sure reining in of the easy money conditions that had undergirded policy responses to the financial crisis. And crucially, he stressed that “the best
thing the Federal Reserve can do — not just for the United States, but for the global economy at large — is to keep our house in order through the
continued pursuit of our dual mandate” of fostering economic conditions that achieve both stable prices and maximum sustainable employment. But
it is not only the stability aspect that won Mr. Powell the nod. A former Carlyle Group partner with a stated keenness to adopt a light-touch
approach to regulation, he is expected to be closely aligned to Mr. Trump’s positions on easing regulatory oversight of big banks and financial
markets. And with other top positions at the central bank to be filled by the President soon, Mr. Powell could end up overseeing a Fed that reflects
Mr. Trump’s political leanings as well.

20171106 - Marooned once more: on Chennai's need for flood management

Chennai needs integrated flood management, especially the revival of lakes and water tanks
Chennai’s date with a strong northeast monsoon ought to be a cause for all-round relief since the water fortunes of more than eight million residents
of the metropolitan region depend on this weather system. Yet, the torrential rains in the meteorological sub-division, exceeding the normal by 93%
in the period of four days from November 1, left tens of thousands of citizens in a state of despair. Flood waters marooned them in the rapidly
growing suburban housing clusters, with many having to flee to safer places fearing a repeat of the deluge of 2015. While there have been efforts to
alleviate immediate misery through the distribution of relief material in some places, the larger issue of how the city deals with flood and drought
cycles remains unaddressed. Chennai is a lower elevation coastal city with global aspirations, and very high population density. Scientific
management should have ensured the preservation of the many traditional lakes and canals that existed in the city’s core a century ago to absorb the
intense downpour of about 1,300 mm of rain, most of it in an annual window of a few weeks. Successive governments have allowed the mindless
draining of wetlands and their conversion into expensive real estate, with catastrophic consequences. Regrettably, the great flood two years ago,
which left many dead and families impoverished, has not yielded a policy course correction. If the Tamil Nadu government is serious about putting
Chennai on the global map of economically viable cities, it must move beyond the creation of weak storm water drains to an integrated flood
management system.
Chennai and its sprawl extending to two neighbouring districts should return to the traditional wisdom of creating tanks and lakes for water storage,
and rejuvenating old silted ones, in order to harvest the floods and replenish depleted groundwater. The finding from one study in 2013 shows that 27
tanks have totally disappeared and another 400 have lost almost their entire capacity. This underscores the need to revive such natural sponges.
Inviting the community to monitor the health of the tanks and lakes can keep out encroachers, who are often protected by patron-politicians. Yet,
such measures can work only when the deficit of good housing and civic infrastructure is actively addressed. Tamil Nadu, one of India’s most
urbanised States, has a poor record in this area, resulting in fragile slums. New housing has mushroomed in Chennai’s suburbs, where municipal bodies
are mired in incompetence and corruption. It is these localities with little infrastructure that have borne the brunt this year. Looking ahead, the
priority for the State should be to integrate flood management using expert opinion and public consultation. Remedial structures should be built for
existing localities. Poor waste management is exacerbating the problem by blocking drains, canals and lakes, while ill-planned road projects are
cutting off flood flows. These have to be immediately addressed. The tendency to treat floods and drought as events to dole out patronage is
preventing Chennai from forging robust solutions.

20171107 - Girl power: on the Women's Asia Cup hockey win

The women’s hockey team presents the best reason for enhanced support, by winning
India may have won the final of the women’s Asia Cup hockey tournament against China in a penalty shootout, but it was a fully deserving victory.
Throughout their campaign in Japan, team members played out of their skin to register the win, which has secured them a spot in next year’s World
Cup emphatically on merit, not as wild-card entrants. The triumph came against formidable hurdles, and in the absence of any expectations. Indian
women were never the favourites, going into the tournament ranked 12th in the world and fourth in Asia — behind World No. 8 China, Korea and
Japan. Incidentally, India defeated defending champion Japan in the semi-finals. This happened despite a degree of pre-tournament disarray. The team
lost its second coach in the space of a year, and Harendra Singh came to the assignment just a month before the Asia Cup, that too with no previous
experience of having worked with a women’s hockey team. The team had other issues to grapple with as well; the fitness and skill levels had slipped.
The lack of expectations, sadly, was clear from the fact that there was no live telecast, not even online streaming. Such live updates as there were
came via social media.
The hockey federations must heed this victory and use this occasion to considerably scale up support to the women’s game. The insistence on
appointing foreign coaches, despite the clear discomfort and disconnect among the women in matters of communication, has unnecessarily cost India
too much time. The inadequate competitive exposure made available for the team was unfortunate. Unlike the men, women players start early; some
in the senior team are as young as 16. Their careers often end early. That the women, most of them in their early 20s, still continue to go out and
give their best is a testament to their dedication. Railways remains the biggest provider of employment — but goalkeeper Savita Punia, the star of
the final, and a veteran of over 100 matches and perhaps Asia’s best, is yet to get a job. Harendra Singh has his work cut out too. He has a reputation
for being obsessed with results. He is a disciplinarian who has the ability to coax the best from his players, lead from the front and put in the hard
yards. In fact, it is a reflection of the team’s hard work, dedication, discipline and focus on the game that someone who is regarded as the most difficult
Indian coach to work with is already in awe of his players. The road ahead is arduous, and 2018 will be crucial for the women and men, with the
World Cup and the Commonwealth Games as well as an Olympic spot to be secured through the Asian Games. Captain Rani Rampal’s girls have
shown they can do it.

20171107 - Royal flush: on the Saudi Crown Prince's surprise crackdown

The reasons behind the Saudi Crown Prince Mohammed bin Salman’s surprise crackdown are still not clear
Ever since he was named the defence minister of Saudi Arabia in 2015, Mohammed bin Salman has had little patience for the way the kingdom is
being ruled. In June, two and a half years into the reign of his father King Salman, he replaced Mohammed bin Nayef as Crown Prince. In recent
weeks, he had taken on the Salafi religious establishment. On Sunday, he sprang another surprise by ordering the arrest of senior government
ministers, officials and 11 Princes, including the billionaire Alwaleed bin Talal, and the powerful chief of the National Guard, Mutaib bin Abdullah.
The immediate reason for the arrests is not known. The palace version is that they were carried out as part of a new campaign against corruption
that is spearheaded by Prince Mohammed. But the recent crackdowns suggest that Prince Mohammed is consolidating his power. He first had Prince
Nayef removed from his path to the throne as Crown Prince. As one of the richest among Saudi royals, Prince Alwaleed is known for his cosy ties
with Western governments and less conservative views. Prince Mutaib, a favourite son of the late King Abdullah, is an influential figure within the
palace. By arresting both, Prince Mohammed has potentially neutralised the money and power centres that could pose challenges to him in the
future.
With the latest arrests, at just 32 years of age Prince Mohammed appears to have established himself as the most powerful Saudi Crown Prince in
decades. He is practically in charge of key policy decisions and has taken control of all branches of the Saudi security services — the military, internal
security and the National Guard. He clearly has the King’s ear. Still, Prince Mohammed is playing a risky game. In a short span of time, he has opened
multiple fronts in the still-unfolding internal power struggle. In Saudi Arabia, where the rulers traditionally distribute power among the different
branches of the royal family as a balancing tactic and get their decisions approved by the ulema for legitimacy, Prince Mohammed’s moves are
upending tradition. By concentrating power in his own hands and turning against other Princes as well as some clerics, he has upset the balance in
the system. Quick consolidation of power could perhaps allow him to reshape the governance model. The anti-corruption campaign, which sounds
much like that led by Chinese President Xi Jinping, will have popular support, which he could use to continue to target his rivals. But Prince
Mohammed’s track record so far is devoid of any major achievement. His ambitious plan to reform the economy has been a non-starter. His foreign
policy moves also backfired with the Yemen war spinning further out of control and the Syrian civil war turning in favour of President Bashar al-
Assad, who is seen as an adversary by Riyadh. If he continues to make mistakes the game could go awry, triggering an open power struggle within
the House of Saud. With the Riyadh-Tehran rivalry in West Asia hotting up again, these developments are also bound to have repercussions beyond
Saudi Arabia.

20171108 - Spirit of Paris: on the climate change meet in Bonn

The climate change meet in Bonn must heed the 2015 targets, despite the U.S. reversal
The 23rd conference of the UN Framework Convention on Climate Change under way in Bonn faces the challenge of raising the ambition of the
world’s leaders, and giving practical form to the provisions of the Paris Agreement. Although 169 countries have ratified the accord, and there is
tremendous support for greener, low-risk pathways to growth worldwide, the Trump administration in the U.S., one of the top emitters of
greenhouse gases (GHGs), has announced it will withdraw from the pact. Even if it will take until 2020 to achieve an actual withdrawal, the U.S.
action reverses the overall momentum achieved in Paris in 2015, and negates President Barack Obama’s legacy of regulations designed to reduce
America’s GHG emissions, especially from the use of coal. It is heartening that China, which has achieved rapid economic growth and leads in GHG
emissions, is firmly behind the pact to reduce the risk of climate change. There is steady progress in the growth of renewable energy sources as they
become cheaper and the efficiency of solar, wind and energy storage technologies improves. As UNFCCC Executive Secretary Patricia Espinosa has
said, the time is now to firm up the tasks set out in the agreement reached in Paris, notably on funds to mitigate and adapt to climate change. The
Agreement has a benchmark of raising $100 billion a year by 2020.
Major risks from climate change, such as extreme weather phenomena, loss of agriculture, water stress and harm to human health, pose a threat to
millions around the world. For some countries, such as Fiji, which holds the presidency of the Bonn conference, and other small island-states, the
future is deeply worrying because of the fear that sea levels may rise sharply due to climate change. The recent Emissions Gap Report from the UN
underscores the terrible mismatch between the voluntary pledges made by countries for the Paris Agreement and what is necessary to keep a rise in
global average temperature below 2º C, preferably 1.5º C. All major countries, especially those that have depleted the global carbon budget by
releasing massive amounts of GHGs since the Industrial Revolution, have to respond with stronger caps in their updated pledges under the Paris
Agreement. India’s emissions have been rising overall, but it has committed itself to lowering the emissions intensity of its GDP by 33-35% by 2030
from the 2005 level. By some estimates, India has been awarded among the highest levels of multilateral climate funding at $745 million since 2013.
Securing funds for mitigation and adaptation is a high priority for India, but it must ensure that States acquire the capacity to absorb such assistance
efficiently. While the emphasis on a giant renewable energy programme has won global acclaim, the focus is equally on India’s readiness to embrace
green technologies across the spectrum of activity, including buildings and transport.
20171108 - Stock-taking: on India Inc's Q2 earnings
Corporate earnings show a mild recovery, but valuations remain a major concern
India Inc.’s earnings performance for the second quarter of the financial year has turned out to be largely in line with street expectations. Both
revenue and profits, when compared to the results reported for the first quarter ending June, have shown signs of improvement that suggest a slow
but steady pick-up in demand in the wider economy. This is comforting news for many who feared that the twin shocks of demonetisation and the
hasty implementation of the GST would have significant medium to long-term effects on the economy. The quick rebound in the earnings of
corporate India, however, should not come as too much of a surprise. Both demonetisation and the introduction of the GST, while definitely
disruptive, are transitory in terms of their economic impact. It is also worth noting that most analysts had revised their earnings estimates downwards
in the wake of the rapid policy changes. Such moderation in expectations too has probably played a part in making the earnings performance look
better. However, the financials of many companies are yet to fully recover to match their performance prior to demonetisation. This is striking in
sectors such as microfinance and housing finance, where companies have struggled to revive their loan book and disbursements growth rates, also in
companies dependent on consumer demand. Many have clocked profit growth through cost-cutting rather than superior revenues.
Going forward, however, a return to largely normal earnings growth is more likely than not as the wider economy returns to normal under a more
stable policy climate. None of this is to deny the expensive valuations at which Indian stocks are currently priced by jubilant investors. The market,
which has been hitting new highs every passing week, has not cared much about the lack of sufficient earnings growth. It has been generous in
offering sky-high prices to initial public offerings, and now trades at a historically expensive price to earnings ratio, calculated based on trailing
earnings, of well over 24. The tightening of liquidity by major central banks like the U.S. Federal Reserve has not dampened its spirits either.
Domestic mutual funds have been more than able to fill the gap left by foreign investors, thanks to a surge in retail investors putting in money
through monthly plans. The Centre’s recent initiatives to ramp up spending in the economy by reviving credit growth and public infrastructure
spending could yield some positive results, but will take time to materialise. Visibility on the time horizon for a full-blown and sustainable uptick in
corporate earnings remains as hazy as the smog that is engulfing the capital where policy-makers are fire-fighting on GST. A swift and tactful
unravelling of the GST tangles could, in fact, be the quickest fillip for reviving consumption and investment.

20171109 - Capital crisis: on Delhi's deteriorating air quality

The Centre and States must urgently address farm residue burning in north India
Delhi’s air quality deteriorates with unfailing regularity at this time of the year, with large swathes of north India in the grip of a suffocating smog,
but the State governments that can make it easier for millions to breathe do not act with any sense of urgency. That it has turned into a public
health emergency in the capital, with the air quality index touching extremely hazardous levels in some parts, necessitating the closure of primary
schools, has further lowered its standing. It is unconscionable for governments, through indifference and inaction, to subject citizens to such toxic air,
and cause extreme suffering especially among people with respiratory ailments and impaired lung function. The smog that envelops the region is
exacerbated by the burning of biomass in Punjab and Haryana, and the winter atmosphere is marked by weak ventilation. An analysis of local sources
by IIT-Kanpur last year pointed to construction dust, vehicular pollution, and domestic and industrial emissions as other major factors. Clearly, the
burden of such chronic problems has outweighed the benefits conferred by measures such as the ban on Deepavali crackers, and in the past, the shift
to compressed natural gas for commercial vehicles and restricting car use to odd and even number plates on alternate days. A comprehensive solution
demands that the governments of Delhi, Punjab, Haryana and Uttar Pradesh, assisted by the Centre, address farm residue burning and construction
dust.
The post-monsoon — as opposed to pre-monsoon — burning of rice and wheat residue releases maximum aerosols that contribute to the volume of
PM2.5, which gets embedded in the lungs. Automation of farm operations leaves root-bound crop waste after machine harvesting, running to
millions of tonnes, requiring a solution of scale. Sustainable residue removal cannot be achieved by the farmers alone, and requires help from the state
machinery. Here, Delhi Chief Minister Arvind Kejriwal should be commended for his initiative to discuss the modalities of joint action with the
Punjab and Haryana governments. The national capital needs a major greening effort. Unpaved surfaces raise dust levels as in all Indian cities, but
civic agencies ignore the problem. There is every reason to think that even the Ministry of Environment’s orders issued in 2015 under the Air
(Prevention and Control of Pollution) Act, 1981 to comprehensively green Delhi’s road margins and open spaces were not pursued seriously. Shifting
more of the city’s travel to comfortable public transport can cut fine particulates in congested areas and improve the air for residents. Many such
initiatives were taken up by China in its cities to reduce exposure to PM2.5 that produces morbidity from cardiovascular and respiratory diseases and
leads to premature death. Only a determined response to the crisis can spare Delhi of its infamous tag as one of the most polluted cities on the planet.

20171109 - Uncertainty in the Kenyan presidential elections

A legal challenge to the presidential election could extend the political crisis
With a petition filed in Kenya’s Supreme Court against the October 26 rerun of the presidential election, the country risks an intensification of
political turmoil. The challenge is the second since the initial elections in August, which were overturned on grounds of alleged discrepancies in
tabulation at the polling stations and the computer systems. That unprecedented ruling in September was widely hailed as an exemplar of judicial
independence. Since then, President Uhuru Kenyatta has rammed through legislation that circumscribes the authority of the electoral mechanism and
legal scrutiny of polls. The sense of intimidation was palpable when most of the judges failed to show up to hear a plea for the postponement of the
vote. The outcome of the latest legal challenge is therefore far from certain. If the judges again decide not to uphold the latest victory for the
incumbent, the absence of a genuine contest could prove to be a critical factor. The opposition leader, Raila Odinga, had withdrawn from the second
race in protest against the new legislation and the lack of material improvement on the ground. Days before the October election, the election
commission lost the services of top officials, with one fleeing the country saying she feared for her life. Such a turn of events came as a chilling
reminder of the mysterious death of a high functionary of the electoral body just before the elections in August. Moreover, there was considerable
scepticism over the credibility of the October vote, as a large-scale revamp of the electoral system was seen to be impossible within that timeframe.
This is why there is speculation that the court may see merit in the petitioner’s claim that the polls were anything but free and fair. Both Mr.
Kenyatta and Mr. Odinga bear much moral responsibility for the current stalemate and the violence. It is time they negotiated a lasting settlement to
restore credibility to Kenya’s democracy. That requires them, especially Mr. Kenyatta, to play by the rules laid down under the 2010 constitution,
which provides for greater devolution of powers. Above all, there needs to be an end to the near- monopoly of power enjoyed by the Kikuyu and the
Kalenjin ethnic communities since the country’s freedom from colonial rule. Memories of the killing of hundreds in the aftermath of the 2007
elections should underscore the urgency of bringing the current fluid situation within control. For its part, the African Union must exert political
pressure on Kenya’s two veteran politicians to prevent the escalation of the crisis beyond Kenya’s borders. This week the government lowered the
forecast for GDP growth to below 5%, with analysts blaming the political crisis for the negative sentiment. The social cost of this upheaval would be
incalculable. Strengthening the election mechanism against political interference would be an important first step.

20171109 - Under pressure: on Gurugram's Ryan School murder case

Why police investigators should not jump to conclusions, influenced by public outrage
The poor quality of police investigation in the country has once again come under focus. The twist in the probe into the murder of a seven-year-old
boy at a school in Gurugram, Haryana, in September exposes how unreliable the police can be when it comes to investigating grave crimes amidst a
public outcry and close media scrutiny. The Central Bureau of Investigation now claims that it was a 16-year-old student who murdered Pradyuman
Thakur at the Ryan International School, and not the bus conductor arrested earlier for the offence by the local police. If the latest account is true,
the police must explain why it made the sensational claim that Ashok Kumar, the conductor of the school bus, had committed the murder in the
school’s washroom on September 8, and that he had “confessed” to it. The motive, the police had claimed, was that the child had resisted his attempt
to sexually assault him. The CBI says that in fact a Class XI student had killed his junior school mate in a bid to get examinations postponed and a
parent-teacher meeting called off. Closed-circuit television footage is cited as a crucial piece of evidence against the senior student, who is now under
arrest, although the CBI says the role of Ashok Kumar remains under investigation. In their eagerness to show results and demonstrate their
efficiency, the Gurugram police announced the bus conductor’s arrest on the very night of the murder. Reports that the school’s bus driver was under
pressure to identify the knife allegedly used in the murder to be part of the bus toolkit add to the suspicion that the police were trying to frame the
conductor.
Given the media glare that accompanies such tragedies, the police must learn not to succumb to the temptation to wrap up probes under public
pressure. That the police had to extract a false confession is downright disgraceful, but it is not an isolated case in a country known for its primitive
investigative methods. Studies on police reforms have highlighted the need to make the investigation process more scientific and more rooted in
forensic analysis, but custodial torture and extracted confessions continue to be reported. The muddle in the Aarushi-Hemraj murder case probe is a
telling example of how both the local police and the CBI can botch up the investigation and lead to unfair incarceration. When two narratives
emerge from different police agencies for a heinous murder, a sense of disquiet among the public is inevitable. The onus is now on the CBI to avoid
such pitfalls and show that the initial narrative was false and its subsequent account is closer to the truth. Another notable feature of the case is that
there is a likelihood of the 16-year-old suspect being tried as an adult under provisions introduced in juvenile law in 2016. It would be unfortunate if
these provisions were to be reflexively invoked.

20171110 - Zimbabwean stakes: on the political crisis

Robert Mugabe chooses his wife over a long-time colleague
Zimbabwean President Robert Mugabe’s decision to fire his Vice-President Emmerson Mnangagwa, citing disloyalty and deceitfulness, has triggered
another political crisis ahead of next year’s presidential election. Mr. Mnangagwa was Mr. Mugabe’s right-hand man in the ruling Zimbabwe African
National Union-Patriotic Front (Zanu-PF) and was widely tipped to be his successor. But there were murmurs in recent months that Mr.
Mnangagwa and Grace Mugabe, the President’s second wife, were involved in a shadow fight for influence. The Zanu-PF has announced that the 93-
year-old Mr. Mugabe will be its presidential candidate for next year’s election. But given his age and health, in the event of a victory the Vice-
President’s post would set up the incumbent for the big succession. By firing Mr. Mnangagwa, Mr. Mugabe appears to have turned the tide in favour
of his wife. Ruling party factions have started promoting Ms. Mugabe’s name as the next Vice-President and the party is expected to make an
announcement next month. The Zanu-PF has also launched a crackdown on those who were linked to Mr. Mnangagwa, who has fled the country.
Mr. Mnangagwa’s exit could hurt the President politically. He has been a heavyweight in the faction-ridden Zanu-PF for a long time. He is being
alienated at a time when a seven-party Opposition alliance was planning a joint candidate against Mr. Mugabe to capitalise on the widespread public
discord over economic miseries.
Mr. Mugabe, a former Marxist guerrilla who came to power in 1980 riding on strong anti-colonial sentiments and promises to reshape the country’s
future, has instead overseen a rapid deterioration of the economy in recent years. Following unbridled hyperinflation, Zimbabwe had to scrap its
dollar altogether in 2015 and adopt a multi-currency system, which has done little to ease cash shortages. The country’s infrastructure is crumbling
and government services are a shambles. But public resentment and opposition unity may not necessarily lead to Mr. Mugabe’s electoral defeat. In
the 37 years of his rule he has shown that he enjoys considerable support, particularly among the black working population, and is ready to go to
any extreme to retain his grip on power. Barring a brief period when he was forced to reach a power-sharing agreement with the opposition, Mr.
Mugabe has largely had his own way in governance. The stakes are high in the coming election, with Ms. Mugabe having publicly expressed her
desire to succeed the President and the Zanu-PF facing a split after Mr. Mnangagwa’s expulsion. All this points to more chaos, at a time when the
government’s focus should be on addressing the economic challenges. For his part, Mr. Mugabe should allow a free and fair election to take place next
year and ensure a smooth transition of power, both within the party and in the government. It’s time he finally acted like a statesman.

20171111 - Record turnout: on the Himachal elections

But the Congress and BJP let down Himachal voters with excessively personal campaigns
Himachal Pradesh turned out in record numbers for the Assembly elections held on Thursday, with 74.6% of the electorate casting their votes. This
provisional estimate may be revised a little upwards or downwards, but as of now it is marginally higher than the previous high of 74.5% in the 2003
polls. Preliminary figures showed uniform voting close to the same mark across districts, with Kullu district registering the highest turnout of nearly
78%. Such a high level of polling is a trend that has been seen in most States in India since 2010. This is an affirmation of the work done by the
Election Commission in updating electoral rolls, easing the process of voting with the use of electronic voting machines and photo identity cards,
besides seeking to educate more voters about the polling process through enrolment initiatives. Himachal Pradesh, in any case, has always had robust
voter participation, with much higher turnouts relative to other north Indian States. It is ranked second in the Human Development Index in the
country, and a high HDI has correlated well with increased electoral participation in a State, as seen in Kerala and Tamil Nadu as well. As for
psephological readings, traditionally higher levels of polling in a State had been seen to indicate an anti-incumbency mood — but that correlation
has broken in recent years, with turnouts of more than 90%, for example, in Tripura returning the incumbent government. How it plays out in
Himachal Pradesh this year will be known on counting day on December 18.
The contest in Himachal Pradesh is limited largely to the ruling Congress and the Bharatiya Janata Party, even though the Communist Party of India
(Marxist) has attempted to build on its rare north Indian success in the Shimla mayoral elections of 2012 by focussing on a few constituencies. The
State has alternated between regimes led by the Congress and the BJP in every election since 1990. At various points of the campaign this year right
up to voting day, the political discourse turned vitriolic and personal. The Congress sought to make the elections a referendum on the Central
government’s policies, by taking up the implementation of the goods and services tax and the effects of demonetisation. The BJP hit back by
focussing on the corruption cases faced by Chief Minister Virbhadra Singh. The star campaigners of both parties, Prime Minister Narendra Modi and
Congress vice president Rahul Gandhi, gave the campaign a plebiscitary touch — but in previous elections, voters in Himachal Pradesh have been
influenced by State-specific issues such as the local apple and tourism economy as well as local infrastructure and social welfare. Now, as the BJP and
the Congress move the focus to Gujarat, they will do well to delineate their positions on social and economic issues, without the vitriol that marked
the campaign in the hill State.

20171111 - Slippery oil rally: on the oil-price rise

American shale producers are likely to contain any sustained rally in global oil prices
The price of oil has risen sharply in recent weeks leading to renewed forecasts of a sustained bull market in the price of the commodity. The price of
Brent crude, which breached the $60 mark late last month, is currently trading at about $64 per barrel, a two-year high. In fact, in the last one
month alone, oil has gained well over 12%. The oil rally has been even sharper from its June low of a little below $45, from where the commodity has
rallied more than 40% to reach its current price, with some experts saying the ongoing rally could portend even higher prices in the coming months.
The upsurge this week has been driven primarily by political uncertainty in Saudi Arabia, the world’s second largest producer of oil, and the
tightening of supply by the Organisation of the Petroleum Exporting Countries, which is expected to extend its supply-cut agreement beyond
March. Whether the price gains would sustain and continue over an extended period of time still remains a big question for various reasons, however.
Shale oil production is the biggest among them. In the past, North American producers of shale brought a multi-year bull market in oil to an abrupt
end. Since then, OPEC has struggled to maintain control over oil prices except for brief spells. The American shale industry has been let free to
increase production in response to higher prices, thus imposing a cap on the price of oil. There are no signs yet of a structural change in the oil
market to suggest that it could be any different this time.
Shale producers have continued to pump more oil into the market as crude prices have crossed the $50 mark. According to the Energy Information
Administration, a body under the U.S. Department of Energy, U.S. shale production is likely to increase by about 81,000 barrels per day in the
current month. In addition, in its World Oil Outlook report released this week, OPEC said it expects shale output to grow much faster than it had
previously estimated. The cartel’s new estimate is, in fact, more than 50% higher than its projection last year. It also noted that shale output from
North America has increased by about 25% over the past one year. All this suggests that shale is likely to remain OPEC’s nemesis for a long time.
India has derived huge benefits from lower oil prices since 2014, with the government’s fiscal management and inflation-targeting being rendered a
lot easier. There is bound to be some economic unease now as the price of oil fluctuates in what looks likely to be a range-bound market. A repeat of
the huge damage caused by the last oil bull market, however, seems unlikely. Nonetheless, policymakers in Delhi will surely take a cautious stance
given the extensive impact that oil prices have on the Indian economy.

20171112 - Hit refresh: on the slashed GST rates

The GST Council rationalises the tax regime further, but simplicity is still not within grasp
The script was altered for the second time in two months but with far greater impact. Soon after Prime Minister Narendra Modi promised far-
reaching changes to simplify the goods and services tax regime, especially for small businesses and consumers, the GST Council delivered some relief
measures on Friday. At its meeting in Guwahati, the Council lowered the tax rates on over 200 products, compared to 27 items in its previous
meeting and about 100 tweaks since GST rates were finalised in May. Over 1,200 products and services had been placed in five tax brackets — 0%,
5%, 12%, 18% and 28%. That those rates no longer hold for about a quarter of those items, and the highest tax bracket is left with just 50 products,
compared to more than 250 in July, is a tacit admission that the initial rates were worked out in a hurry with maximising revenue being the prime
consideration. Similarly, the ambit of the Composition Scheme for small businesses has been expanded twice — from an initial turnover threshold of
₹75 lakh per year to ₹1 crore (in October), and now further to ₹1.5 crore. This would require a change in the GST laws, so it may take some time to
kick in. There should be no doubt that all the course corrections currently under way to ease the transition to GST are more than welcome — and
the government will be hoping these ‘people-friendly’ changes will not only spur consumption but also boost compliance.
But the transmission of lower rates may take time as it could be two-three months before existing inventory in the market is replaced with freshly
priced products. With returns for the first month of the tax yet to be filed by all registered taxpayers and less than three months to go till the
presentation of the Union Budget, Finance Ministry mandarins face a unique challenge on revenue visibility. In the interest of the exchequer and the
taxpayer, whatever other improvements the GST needs must be implemented at the earliest — whether they are stuck because of a lack of consensus
(letting inter-State suppliers avail of the Composition Scheme), poor implementation (the GST Network) or simply the lack of bandwidth to think
through. The Opposition has criticised the latest reboot of the GST as a Gujarat campaign effect. While that rang truer in October when rates for
popular snacks in the State were lowered, many decisions remain curious. Cement is taxed at 28%, but granite and marble have been lowered to the
18% bracket. Instead of a tactfully designed One Nation, One Tax system, the GST should not degenerate into a tool to please constituencies. The
Council must institute a transparent system with an explicit rationale for any rate changes in the future. Only then can business and retail find
predictability in the GST, rather than be wistful for a time when indirect tax rates were reviewed once a year in the annual Budget instead of every
month.

20171113 - Justice in tumult: on the turmoil in Supreme Court

The turmoil will end only with a full, fair probe into the alleged plot to influence judges
There is absolutely no doubt that the Chief Justice of India is the master of the roster. So, it is impossible to dispute the legal reasoning behind Chief
Justice Dipak Misra’s ruling that no one but he can decide the composition of Benches and allocation of judicial work in the Supreme Court.
However, the circumstances in which he had to assert this authority have the potential to greatly diminish the court’s lustre. The scenes witnessed in
the court amidst troubling allegations of possible judicial corruption are worrisome for their capacity to undermine the high esteem that the
judiciary enjoys. Chief Justice Misra chose to stick to the letter of the law, but there remain troublesome questions about potential conflict of
interest in his decision to overrule Justice J. Chelameswar’s extremely unusual order that delineated the composition of a Constitution Bench to hear
a writ petition seeking a fair probe into the corruption allegations. It is a fact that in the Prasad Education Trust case, the petitions alleging that
some individuals, including a retired Orissa High Court judge, were plotting to influence the Supreme Court, had been heard by a Bench headed by
Chief Justice Misra. However, it would be perverse and irresponsible to attribute corrupt motives without compelling evidence. At the same time, by
heading the Bench himself, the Chief Justice may have contributed to the perception that he will preside over a hearing in his own cause, rather than
leaving it to another set of judges to reiterate the legal position on who has the sole say in deciding the roster.
Justice Chelameswar, the senior-most puisne judge, may have passed his order based on the petitioner’s claim that there would be a conflict of interest
were the Chief Justice to choose the Bench. But in doing so, he chose to ignore the principle that allocation of judicial work is the preserve of the
Chief Justice. Both justices may have found themselves in a situation in which law and strict propriety do not converge. As for the lawyer-activists
involved, it is one thing to flag corruption, another to foster the impression that they want to choose the judges who will hear them. The only way
to end the current turmoil in the judicial and legal fraternity is to ensure that the Central Bureau of Investigation holds an impartial probe in the case
registered by it. The involvement of serving judges may only be a remote possibility, but it is vital to find out whether the suspected middlemen had
any access to them. An unfortunate fallout of the controversy is the perception of a rift among the country’s top judges. To some, the charges may
represent an attempt to undermine the judiciary. These perceptions should not result in the sidestepping of the real issue raised by the CBI’s FIR: the
grim possibility of the judiciary being susceptible to corruption. Tumult and turmoil should not overshadow this substantive issue.

20171114 - Cabinet of chaos: the challenges facing Theresa May

The British PM is struggling to control her government and the Brexit process
Britain seems to have lost its way. As the contagion of chaos spreads across government and Brexit negotiations across the Channel, Prime Minister
Theresa May’s hold on power may be weakening. Over the weekend, The Sunday Times reported that 40 MPs, just eight short of the number
required to force a vote on the Conservative party leadership, are ready to sign a letter of no confidence. Additionally, a letter from Foreign Secretary
Boris Johnson and Environment Secretary Michael Gove to Ms. May, attempting to dictate Brexit strategy to her, was leaked to the press. The
demands in the letter and the language used have created a stir, summing up the leadership crisis in the cabinet. Last week, International
Development Secretary Priti Patel resigned over unofficial meetings in Israel, and days earlier, Ms. May’s deputy, Damian Green, started facing an
inquiry into allegations of inappropriate behaviour. On November 1, Defence Secretary Michael Fallon resigned over brewing sexual harassment
accusations, and there have been calls for Mr. Johnson, enfant terrible of Ms. May’s Cabinet, to resign over comments that may have exposed a British
charity worker currently in an Iranian prison. Ms. May’s defensiveness draws from her tenuous hold on her position — caused largely by her decision
to call a snap election in June, and destroying her wafer-thin majority in Parliament. She lacks the authority to bring order to her Cabinet and focus
on the mammoth task at hand: ensuring a minimally disruptive exit form the European Union.
Ms. May’s conciliatory speech in Florence in September failed to be the turning point in the Brexit negotiations that she hoped it would be. Even if
the EU’s chief negotiator, Michel Barnier, adopted a softer position, France and Germany have since made it clear that Britain will have to come up
with more money and details prior to any discussion on transition arrangements and trade deals. The EU minus Britain will begin internal
consultations on transition arrangements and trade, London’s priority subjects, only after “sufficient progress” is made in three other areas: citizen
rights, the divorce bill and agreement on how to treat the border between Northern Ireland and the Republic of Ireland. The European Council will
meet mid-December to decide if sufficient progress has been made to start the next phase of talks. Last week, Mr. Barnier reiterated that Britain
would need to up its financial offer by late November to stick to this timeline. This is a challenge given that the U.K.’s autumn budget will be
presented on November 22. Consequently, trade and transition talks may get pushed into 2018, exacerbating an already precarious situation for
businesses and banks. Mr. Barnier also revealed that the EU is drawing up plans for the eventuality of Britain crashing out of the EU. It is in London’s
interest to keep negotiations on track to avoid this, but it will need the May government to be more cohesive than it is at present.

20171114 - Eastern promise

India must balance diverse alliances as it strengthens its East Asia pivot
Prime Minister Narendra Modi’s visit to the Philippines to attend the ASEAN-India summit, the East Asia Summit and the Regional Comprehensive
Economic Partnership summit has put India centre-stage in the Asian region now referred to as “Indo-Pacific”. Equally, it puts the “Indo-Pacific” and
ties with the U.S. centre-stage in India’s Act East policy, in all three spheres: political, strategic and economic. Mr. Modi’s arrival in Manila was
preceded by the first meeting of the India-U.S.-Japan-Australia quadrilateral, a grouping first mooted in 2006 by Japanese Prime Minister Shinzo
Abe. It ended with statements on cooperation for a “free, open, prosperous and inclusive Indo-Pacific region”, a direct signal that it will counter
China’s actions in the South China Sea if necessary. Next, Mr. Modi’s meeting with U.S. President Donald Trump saw a similar emphasis on
cooperating in the Indo-Pacific, a term now widely adopted by the U.S. The ‘Quad’ doesn’t just pertain to maritime surveillance, it also aims at
enhancing connectivity in accordance with “the rule of law” and “prudent financing” in the Indo-Pacific together, a reference to American plans to
build an “alternative financing model” to China’s Belt and Road Initiative. Finally, Mr. Modi’s speech to ASEAN vowed to bring India’s economic and
business ties with the region up to the level of their “exceptionally good political and people-to-people relations”. This sets the stage for closer
engagement ahead of the 25th year Commemorative Summit to be held in Delhi in January 2018, with ASEAN leaders also expected to attend
Republic Day festivities.
The clarity in India’s purpose in East Asia at this juncture is important, but the next steps are equally vital. To begin with, despite a government
statement to the contrary, it is impossible to avoid the conclusion that the Quad, also called a “coalition of democracies” of the Indo-Pacific, is a front
aimed at countering China’s influence. As the only member of the proposed coalition that is also part of another security arrangement involving
China and Russia, the Shanghai Cooperation Organisation, India’s ability to balance its interests will be tested. Finally, while there will be much to
navigate on the political front, Mr. Modi would be keen to keep a sharp focus on the economic tailwinds during his engagements in Manila. The 10
ASEAN countries account for about 11% of India’s global trade. For the past few years India has joined the ASEAN “plus six”, including China, Japan,
South Korea, Australia and New Zealand, to discuss the RCEP free trade agreement. Talks have often run into rough weather over India’s stand on
visas and services access, while also holding out against free trade that could give China an unfair edge in goods trade. Mr. Modi’s work is cut out as he
clarifies India’s pivot in east Asia.

20171115 - Azzurri, fading: on the crisis in Italian football

Italian football has hit its lowest point in decades and needs a thorough overhaul
A month ago, when Holland failed to make it to the 2018 FIFA World Cup in Russia, there was none of the shocked despair that hangs over Italy’s
non-qualification following its defeat to Sweden in the two-legged play-off. Football in the Netherlands is facing its worst crisis and its fans have
perhaps become used to under-performance. Since 1982, the team has failed to make it to the quadrennial extravaganza on four different occasions.
Dutch footballers were always expected to thrill but not necessarily to win. Even the legendary Johan Cruyff didn’t bag football’s most coveted prize.
But Italy is different. The Azzurri have always found a way, regardless of the circumstances. Italy went into the 2006 World Cup with a match-fixing
scandal raging back home; it ended up lifting the trophy. Another scandal erupted ahead of the 2012 European Championship, but Italy emerged a
worthy runner-up to Spain. Four years later, Italy went in with arguably its weakest squad ever but still outwitted reigning champion Spain and lost
to Germany in the quarter-finals only on penalties. This is what makes the four-time champion missing out on the World Cup, for the first time
since 1958, astounding. It is true that the qualification process left very little margin for error, with only the group topper earning a direct entry.
Clubbed alongside Spain, Italy was always expected to come second and be in the playoff. Once there, it was unlucky to draw Sweden, the toughest of
opponents. But even so, its performances have been truly worrying.
Italian football has been stagnant for quite a while. In recent times the national team has even registered draws against novices such as Haiti and
Luxembourg. There have been no credible replacements in sight for the likes of Andrea Pirlo, Francesco Totti, Alessandro Del Piero and Alessandro
Nesta. Only manager Antonio Conte’s brilliance saved the country at the 2016 Euros. There is such a dearth of emerging talent that in the first leg
against Sweden, seven of Italy’s starting 11 were older than 30. Supporters even sought comfort in the team’s unblemished record at the iconic San
Siro stadium in Milan, causing Pirlo to remark, “I’ve never seen a goal scored from the stands.” There is much to be blamed on current manager
Giampiero Ventura. He repeatedly ignored players who were adept and schooled in modern-day tactical methods. Midfielder Jorginho, who has been
excellent for Napoli, was only handed his debut against Sweden while forward Lorenzo Insigne, the most creative of the lot, was an unused substitute
because the formation that Ventura used didn’t suit his best player. But history suggests Italy isn’t alone. Both Germany and France underwent
similar turbulence before emerging stronger with a complete overhaul of their footballing structures. What Italy needs is similar soul-searching.

20171115 - The Hariri mystery: on the former Lebanon PM's absence

The Lebanese PM must return from Saudi Arabia lest his country slides into instability
Saad Hariri’s shock resignation as Lebanon’s Prime Minister has not just plunged the country into another spell of political instability but also
reignited regional tensions between Saudi Arabia and Iran. Lebanon has been a theatre for proxy regional battles for years. Eleven months ago, Mr.
Hariri, a Sunni with close business and political ties with Saudi Arabia, had formed a coalition with Hezbollah, a Shia party-cum-militia that has Iran’s
support. This had, in turn, allowed the election of Michel Aoun as Lebanon’s President. But since then Riyadh has become increasingly impatient
with Mr. Hariri’s failure to confront Hezbollah, whose militia wing was involved in the Syrian civil war on behalf of President Bashar al-Assad, another
Saudi rival. It was against this backdrop that Mr. Hariri announced his resignation on November 4 from the Saudi capital and blamed Hezbollah and
Iran for his decision. Surprisingly, more than a week later he is yet to return to Lebanon and complete the formalities of the resignation, so that the
coalition can take the next steps. His continued absence has triggered speculation that he was forced by the Saudis to resign and is being held in
Riyadh against his will at a time when the kingdom is turning up the heat on Hezbollah and Iran.
There are regional stakes involved in this situation. Hezbollah has evolved into a battle-hardened semi-conventional military force. In 2006, Israel
attacked Lebanon with the aim of destroying Hezbollah, with little success. Since then, Hezbollah has amassed weapons from Iran and has got
battlefield training in the Syrian civil war. Its political arm has enormous influence in Beirut’s corridors of power. Saudi Arabia is concerned about
this growing military and political clout of what it sees as an Iranian proxy. U.S. President Donald Trump has backed Saudi policies. Riyadh has the
silent support of Israel, which sees Hezbollah as a threat on its northern border. If the Saudis forced Mr. Hariri to resign, they will prefer another
Sunni leader who takes a more confrontational view of Hezbollah. Saudi Arabia has also asked its citizens to leave Lebanon, signalling potential
military action. Hezbollah, given its capabilities and history of resistance, may retaliate if its core interests come under attack. It is unfortunate that
Lebanon is once again becoming a pawn on the West Asian geopolitical chessboard. Lebanon’s leaders, who will recall the horrors of the 1975-1990
civil war, should forge at least a semblance of unity and ask regional powers to stay out of the country’s domestic politics. They should ask Mr. Hariri
to return home immediately and explain to the people the real reasons behind his resignation, and why he announced it from Riyadh. Hezbollah
should also be ready to address the concerns of its coalition partners and be wary of disrupting the political balance. Nobody in Lebanon will gain if
this balance is upset.

20171115 - Warm, warmer: on climate change

Rich countries must pay more for plans to limit and deal with climate change
As the 23rd conference of the UN Framework Convention on Climate Change in Bonn shifts into high gear, developing countries including India are
focussing on the imperatives of ensuring adequate financing for mitigation and adaptation. They are moving ahead with specific instruments for loss
and damage they suffer due to destructive climate-linked events. India’s progress in reducing the intensity of its greenhouse gas emissions per unit of
GDP by 20-25% from 2005 levels by 2020, based on the commitment made in Copenhagen in 2009, has been positive. Early studies also suggest
that it is on track to achieve the national pledge under the 2015 Paris Agreement for a 33-35% cut in emissions intensity per unit of growth from
the same base year by 2030, and thus heed the 2°C warming goal. Since this performance is predicated on a growth rate of just over 7%, and the
parallel target for 40% share of renewable energy by that year, the national road map is clear. What is not, however, is the impact of extreme weather
events such as droughts and floods that would have a bearing on economic growth. It is in this context that the rich countries must give up their
rigid approach towards the demands of low and middle income countries, and come to an early resolution on the question of financing of mitigation,
adaptation and compensation. Of course, India could further raise its ambition in the use of green technologies and emissions cuts, which would give
it the mantle of global climate leadership.
The climate question presents a leapfrog era for India’s development paradigm. Already, the country has chalked out an ambitious policy on
renewable energy, hoping to generate 175 gigawatts of power from green sources by 2022. This has to be resolutely pursued, breaking down the
barriers to wider adoption of rooftop solar energy at every level and implementing net metering systems for all categories of consumers. At the Bonn
conference, a new Transport Decarbonisation Alliance has been declared. It is aimed at achieving a shift to sustainable fuels, getting cities to commit
to eco-friendly mobility and delivering more walkable communities, all of which will improve the quality of urban life. This presents a good template
for India, building on its existing plans to introduce electric mobility through buses first, and cars by 2030. Such measures will have a beneficial effect
not just on transport choices, but on public health through pollution abatement. A national law to raise the efficiency of transport could well be the
answer, which the States will readily adopt if supportive financial arrangements are built in. There is some worry that an increase in coal, oil and gas
production could negate some of the gains made. The record in this sphere will naturally be evaluated against India’s Paris Agreement pledge to use a
combination of incentives for clean production and levies on fuel to maintain a balance.

20171116 - The last resort: on Thomas Chandy's resignation

Kerala Minister Thomas Chandy may have resigned, but it is a little too late
There is usually little to be gained in delaying the inevitable by a day or two. After the Kerala High Court passed strictures against him for filing a
petition against his own government, Transport Minister Thomas Chandy should have had the good sense to resign immediately. But, quite
inexplicably, he dithered on the issue, embarrassing Chief Minister Pinarayi Vijayan and creating divisions within the ruling Left Democratic Front
(LDF). Indeed, once Alappuzha District Collector T.V. Anupama submitted a report on alleged encroachments by a company in which he holds a
stake, Mr. Chandy should have stepped down as a matter of propriety. By moving the court challenging the Collector’s report, prepared on the orders
of the government, he virtually invited the judicial reprimand on himself. That he entertained the hope of tiding over the political crisis engulfing him
even after the court’s strictures betrays a strange mix of nose-in-the-air arrogance and head-in-the-sand ignorance. For the past few months, Mr.
Chandy has been caught in the encroachments controversy. The Lake Palace Resort, part-owned by him, came under a cloud over issues related to
reclamation of paddy land to create a vehicle park, diversion of the course of rivulets for construction activities, and laying of an approach road to the
resort by filling paddy fields. That the Minister chose to stand by the resort, and not with the government, was the real shocker.
As for Mr. Vijayan, he should have sacked Mr. Chandy instead of leaving it to the Nationalist Congress Party to secure his resignation. That the
Minister belonged to a smaller allied party and that the LDF is bound by a coalition dharma are justifications that do not wash in the face of a strong
judicial stricture. Not surprisingly, the Communist Party of India saw things differently and boycotted a Cabinet meeting on the ground that Mr.
Chandy was a participant. The party argued that Mr. Chandy could not be expected to discharge his responsibilities as a Minister after having
challenged the government in a court of law. The CPI’s strident stand can also be explained by the fact that one of its members, E. Chandrasekharan,
holds the Revenue portfolio and was monitoring the action against the encroachments. The eventual exit of Mr. Chandy on Wednesday might pave
the way for the return of his party colleague A.K. Saseendran to the Cabinet. Mr. Saseendran had to resign following a questionable sting operation
in which he is heard allegedly seeking sexual favours from a woman. The LDF is not short of talent, but coalition dynamics require that Mr. Vijayan
replace Mr. Chandy with the only other MLA from the NCP. Despite a comfortable majority, Mr. Vijayan might not want to risk upsetting the
political equations within the LDF. The real test for him will be to ensure that governance does not suffer amid his deft political manoeuvres.

20171117 - Coup de Grace: on Zimbabwe's political crisis

The contours of a post-Mugabe Zimbabwe are still not clear
Zimbabwe’s prolonged political crisis reached the boiling point earlier this month when President Robert Mugabe dismissed the Vice-President,
Emmerson Mnangagwa. A battle to succeed the 93-year-old liberation hero-turned President had already been brewing within the ruling Zimbabwe
African National Union-Patriotic Front (Zanu-PF), with the old guard backing Mr. Mnangagwa, himself a freedom fighter, and ‘Generation 40’, a
grouping of younger leaders supporting Mr. Mugabe’s 52-year-old wife, Grace. Ms. Mugabe, known for her extravagant lifestyle and interfering ways,
has been vocal in recent months about her political ambitions. Mr. Mugabe was seen to have endorsed her when on November 6 he dismissed Mr.
Mnangagwa. But Mr. Mugabe, who has ruled Zimbabwe since its independence in 1980, erred on two counts: he underestimated the deep connections
Mr. Mnangagwa has within the establishment and overestimated his own power in a system he has helped shape. In the good old days, Mr. Mugabe
was able to rule with an iron grip. But those days are gone. Age and health problems have weakened his hold on power, while there is a groundswell
of anger among the public over economic mismanagement. So when he turned against a man long seen by the establishment as his successor, Mr.
Mugabe left little doubt that he was acting from a position of political weakness. This gave the security forces the confidence to turn against him and
make it clear they didn’t want a Mugabe dynasty.
The military doesn’t want to call its action a coup d’etat, for obvious reasons. A coup would attract international condemnation, even sanctions. But
it is certain that the army chief, Gen. Constantino Chiwenga, is in charge. His plan, as it emerges, is to force Mr. Mugabe to resign and install a
transitional government, perhaps under Mr. Mnangagwa, until elections are held. If Mr. Mugabe doesn’t resign, it will complicate the process. He has
not been seen since the army took over the capital, Harare. Any attempt to hurt him could backfire. Even if he agrees to resign, the transition may
not be smooth. However inept and dictatorial Mr. Mugabe’s regime had been, a coup will remain a coup irrespective of what the plotters call it,
raising questions of legitimacy about the new government. Also, Mr. Mugabe can still tap into his support base among the black working class,
which has provided him a buffer against public anger towards his government. Across Africa, he continues to be seen by many as an anti-colonial
hero. His successor, who will be picked by the generals, will inherit huge challenges — a dysfunctional economy, massive unemployment, a broken
ruling party and a united opposition. Besides, the military has shaken up the civilian supremacy over the armed forces by staging this coup. The
biggest challenge for the new leader will be to make sure that the military stays in the barracks.

20171117 - Overreach: on the T.N Governor meeting govt. officials

Tamil Nadu Governor’s meetings with officials have no place in a parliamentary democracy
It is an act of constitutional impropriety for the Governor of a State to review the work of government officials when an elected regime is in place.
By holding meetings in Coimbatore to review programmes, the Tamil Nadu Governor, Banwarilal Purohit, has left himself open to charges that he
has breached the constitutional limits of his office. Mr. Purohit met the District Collector, the Commissioner of Police and the Corporation
Commissioner without any Minister present. The Governor has attempted to explain his interactions, saying he was seeking to familiarise himself
with the administration and that he could appreciate its work in implementing schemes only if he got to know all details first hand. But this is hard
to accept as a justification and his plan to visit all districts for a similar review does not augur well for parliamentary democracy. Article 167 of the
Constitution says it is the Chief Minister’s duty to communicate to the Governor all decisions of the Council of Ministers relating to the
administration and proposals for legislation. It enjoins the Chief Minister to furnish such information relating to the administration as the Governor
may call for. If Mr. Purohit wants to understand how schemes are being implemented, he can seek details from the Chief Minister, Edappadi K.
Palaniswami, instead of holding meetings in the districts. There may be occasions when the Governor may need to ask a top bureaucrat or the head
of the police force for a report on a major incident or development, but even that should be for the limited purpose of getting an accurate picture
before sending a report to the Centre.
The political context in which Mr. Purohit is exhibiting his zeal to familiarise himself with the administration is significant. There is a sense of drift in
governance in Tamil Nadu, and it is widely believed that it is running on ‘autopilot’. The Chief Minister’s majority in the Assembly is in doubt, given
that the Speaker had to disqualify 18 dissident legislators to shore up his support within the legislature party. An impression has gained ground that
the Bharatiya Janata Party is seeking to fill the perceived political vacuum, but is caught in a bind on how to go about it because of its lack of a
political base in Tamil Nadu. Therefore, the Centre is seen as leaning on the State government and the ruling AIADMK to help the BJP gain a
political foothold. The prospect of the State coming under a spell of President’s Rule if the present regime formally loses its majority in the House is
on everyone’s mind. Therefore, Mr. Purohit’s familiarisation exercise is bound to be read for signs of what the future has in store. Mr. Purohit will do
well not to fuel such speculation. None of this, of course, implies that the Governor should refrain from taking an independent view of any matter or
legislative proposal. But his functioning should be within the bounds of established norms and conventions.

20171118 - An absurd canvas: on Padmavati

Padmavati should not be allowed to become a victim to violent vigilantes
The coalition ranged against the screening of Padmavati, a big-budget period drama, is growing more violent and absurd by the day. The Uttar
Pradesh government has joined the ranks of theKarni Sena, a self-styled Rajput organisation that uses vigilante methods to uphold its notion of caste
honour, to raise anxiety about the film’s scheduled release on December 1. Lucknow has written to the Union Information and Broadcasting Ministry
requesting that the Central Board of Film Certification be alerted of the “public sentiment” about distortion of “facts” in the film. Its release, the U.P.
government has said, could disrupt law and order in the State, especially with the administration’s energies focussed on the municipal elections in end-
November. Governments are expected to enforce law and order, not buckle down in the face of threats — whether perceived or real. As the Supreme
Court observed in S. Rangarajan vs. Jagjivan Ram, a mere threat to public order cannot be a ground to suppress freedom of expression. By harping on
the question of “historical facts” in connection with a film based on a work of fiction, the government is tacitly endorsing random groups and persons
using Padmavati to delineate their notions of Rajput honour and Hindu-Muslim enmity. Over in Rajasthan, a Minister, Kiran Maheshwari, has
intemperately railed against the film. And the Karni Sena, which vandalised the sets on location in Rajasthan earlier this year and on Friday blocked
entry into the Chittorgarh fort where the story is set, freely hands out threats to the life and well-being of those associated with Padmavati, especially
Deepika Padukone, its lead actor. Even Congress politicians are counselling that “sentiments” must be heeded.
Sanjay Leela Bhansali, the film’s director who is known for his lush sets and high emotion, has been at pains to give an assurance that he has not
distorted history. Leave aside the fact that the story draws from a 16th century Sufi poem, ‘Padmavat’, and has over the centuries been retold across
north India, and that there is no historical record of Padmavati’s existence, the insistence on demanding accuracy in period dramas is anyway an
infringement on creativity. Fictionalising the past is a longstanding way of understanding it, from K. Asif’s Mughal-e-Azam to Oliver Stone’s JFK. But
the anxieties that are driving the Karni Sena and members of the Sangh Parivar are evident. That Alauddin Khilji, the Delhi Sultan who wages war in
the story to try to win the beautiful Padmavati, could be humanised obviously disturbs the Hindutva narrative about ‘evil invaders’. The visuals of the
heroine singing and dancing evidently militate against the latter-day patriarchal telling of Padmavati’s story, in which she is shorn of agency and is
dutifully circumscribed by notions of purity and honour. In this, it is not just that the film is fuelling such worries: the film is being used to heighten
such anxieties and consolidate a regressive and intolerant world view.

20171118 - Timely recognition: on the Moody's upgrade

The Moody’s upgrade underlines the need for the government to stay the reform course
Moody’s decision to upgrade India’s sovereign credit rating by a notch after a gap of almost 14 years is undoubtedly a welcome recognition of the
country’s enormous economic potential. It has been driven by some of the recent structural reforms — including the implementation of a long-
delayed nationwide goods and services tax (GST), and moves to address the logjam of mounting bad loans in the banking sector through an
Insolvency and Bankruptcy Code. These are expected to help ensure a healthier enabling environment to realise this potential over the longer term.
The ratings agency has said the reforms undertaken until now would “advance the government’s objective of improving the business climate,
enhancing productivity, stimulating foreign and domestic investment, and ultimately fostering strong and sustainable growth.” And viewed in
conjunction with the sizeable foreign exchange reserves, India’s overall capacity to absorb shocks is now seen as much better. The market reaction —
with the stock indices and the rupee posting handsome gains intraday — signals that local businesses and overseas investors see the upgrade as a vote
of confidence in the economy and the policy approach to economic management and reforms, especially at a time when momentum has slowed to a
13-quarter low.
Still, as Moody’s has flagged in explaining why it has opted to change the ratings outlook to ‘stable’ from ‘positive’, the “high public debt burden
remains an important constraint on India’s credit profile relative to peers.” At 68% of its GDP in 2016, general government debt in India is
significantly higher than the 44% median for other similarly ranked economies, according to the New York-based agency, which sees the debt-to-
GDP ratio widening by about 1 percentage point this fiscal year to 69%. Moody’s cites “the large pool of private savings available to finance
government debt”, the steps taken to enlarge the formal economy by mainstreaming more and more businesses from the informal sector, and
measures aimed at improving spending efficiency through better targeting of welfare measures, as all broadly supportive of a gradual strengthening of
the fiscal metrics over time. But it is this very same ‘time’ element that holds the key to how the macro-economic situation could evolve. With
economists and monetary authorities warning of the likelihood of fiscal slippages as a consequence of farm loan waivers by States, the Centre’s
implementation of the pay commission’s award and even weaker tax receipts amid teething issues with the GST, there is a danger that the
government may end up missing its fiscal deficit targets in the near term. And therein lies the challenge. For the economy to capitalise on this
upgrade, the political leadership must stay the reform course, electorally alluring temptations to resort to populism notwithstanding.

20171119 - Pacific Ocean’s 11: on TPP without U.S.

The revival of the Trans-Pacific Partnership minus the U.S. opens opportunities for India
When Donald Trump abandoned the 12-nation Trans-Pacific Partnership (TPP) in his very first week after being sworn in as U.S. President, there
were doubts whether the trade agreement, painstakingly negotiated over more than a decade, would survive. Japanese Prime Minister Shinzo Abe had
termed the TPP without the United States — which contributed 60% of the combined Gross Domestic Product of the 12 members — as
“meaningless”. Ten months on, exactly at a time when Mr. Trump was visiting Vietnam, trade ministers from the remaining 11 nations agreed in
Danang in principle to a new pact, the Comprehensive and Progressive Agreement for the Trans-Pacific Partnership (CPTPP), revising some of the
features of the TPP. For the agreement to take effect, the pact requires domestic ratification, which is expected to be complete by 2019. This major
step taken by the 11 countries of the Pacific Rim excluding the U.S. is a reflection of two things. First, these countries recognise that multilateral free
trade, contrary to any misgivings, is beneficial in the long run. The TPP in its current form has significant protections for labour and environment
and is in this regard an advance over other free trade agreements. Second, the U.S.’s self-exclusion reflects a failure on the part of the Trump
administration; studies have shown significant benefits in comparison to minor costs — in terms of jobs — to the U.S. on account of the pact.
As things stand, the pact without the U.S. can only be interpreted as yet another step that diminishes American power and the international order
that it has so far led. Already, Mr. Trump’s decision to pull out of the Paris climate accord and his repudiation of the Iran nuclear deal have raised
suspicions about American commitment to well-negotiated treaties that seek to solve or have solved long-standing issues. Mr. Trump couches his
regime’s policies as populist nationalism — ‘protecting labour’ in the case of the abandonment of the TPP, promoting jobs in fossil fuel-intensive
sectors to justify the repudiation of the Paris Accord, and retaining American exceptionalism in West Asian policy in scrapping the Iran nuclear deal.
While rhetoric to this effect had fuelled his presidential campaign with a heavy dose of populism, the actual effect of going through with these
actions has been to create a suspicion among America’s allies about his reliability when it comes to standing by old commitments. Mr. Trump’s
agenda to pull his country out of multilateral agreements has coincided, ironically, with the rise of China as the leading world power promoting
globalisation. Now the ASEAN-plus-six Regional Comprehensive Economic Partnership (RCEP), on which China is pushing for an agreement, could
benefit from complementarities with the CPTPP. India, which is also negotiating the RCEP, must utilise this opportunity to win concessions on
services trade liberalisation as part of the plan.

20171120 - A fine balance — On the National Anti-profiteering Authority

The GST’s anti-profiteering body must not become a tool of harassment
Over four months into the troubled implementation of the goods and services tax, the Centre has operationalised a provision in the GST law that has
been worrying industry. The National Anti-profiteering Authority, whose constitution was approved by the Cabinet last Thursday, is empowered to
crack down on firms that fail to pass on the ‘benefits’ of the tax regime to consumers. The authority can order businesses to reduce product prices or
refund to consumers ‘undue benefits’; in extreme cases it can impose a penalty on errant firms and cancel their registration as taxpayers. Where the
consumers are difficult to trace individually, the amount construed by the authority to be the extent of undue benefit will be deposited in a consumer
welfare fund. The authority will have its own bureaucracy — including a screening committee in each State that consumers can complain to; a
standing committee in which profiteering allegations with an ‘all-India’ impact can be taken up; and an investigation wing that will vet complaints
‘with prima facie’ merit and report its findings to the NAA. More clarity is needed on how the government will ascertain the difference between
undue profit and fair play — or the discretionary space available to the NAA could enable rent-seeking.
The trigger for setting up the authority is clearly the recent large-scale reduction in tax rates on more than 300 items, of which about 200 rate
changes were to come into effect from November 15. The government is keen on ensuring that consumers have a better perception of the GST’s
ground-level impact. Union Finance Secretary Hasmukh Adhia has urged companies (especially those in the fast-moving consumer goods segment)
to ensure that new maximum retail prices are inscribed on products from November 15, even on existing inventory in the market. While wholesalers
can still implement this, reaching every last retailer is a challenge. But firms have been warned that the entire retail chain must reflect revised prices
in order to avoid anti-profiteering action; and the expectation is that there will be some exemplary action soon to make industry fall in line.
Restaurant chains are also likely to face the heat for retaining price hikes; even though their tax rate has dropped, they no longer get any credits for
taxes paid on inputs. Protecting consumer interest is important, but the prospect of the government monitoring prices and asking businesses to
justify pricing decisions instead of letting market forces play out is unnerving. The NAA could take a cue from, if not partner, the Competition
Commission of India in this, and focus on firms raising prices indiscriminately in markets where they enjoy a dominant position, or forming pricing
cartels. The government must ensure that the authority’s powers are used transparently and only where there is genuine consumer/public interest at
stake. Else, it runs the risk of making profit itself a bad word.

20171120 - Falling apart — On Germany political crisis

As talks on a coalition fail in Germany, Angela Merkel faces her career’s biggest challenge
The crisis over government formation in Berlin has raised the possibility of fresh elections in Germany and the ripple effect of instability in the
European Union. The breakdown in talks between Chancellor Angela Merkel’s Christian Democratic Union and potential partners to get the
requisite numbers in the Reichstag has dealt a blow to a time-tested post-War model of political compromise and consensus-building. A major
sticking point in the coalition negotiations among the three ideologically disparate parties — the centre-right CDU, the left-wing Greens and the
pro-market Free Democratic Party — was whether the hundreds of thousands of Syrian refugees who migrated to Germany should be allowed to
bring their families. Curiously, the CDU conceded the extension of the current freeze on family reunion, on the insistence of its sister party, the
Christian Social Union. This is a substantial concession from a party that backed the government’s bold decision to open the doors in 2015 to rescue
millions who had risked their lives to reach Europe. The Greens, key allies in a potential Jamaica coalition with the conservatives and the FDP, fell in
line, despite their humanitarian stance on refugees. But the FDP dug in its heels, demanding the phasing out of a tax to support Germany’s eastern
regions. Remarks by its leader that it is better not to govern than govern badly is a measure of the discord during the negotiations.
In this fluid scenario, another general election cannot be ruled out, especially as the centre-left Social Democratic Party has so far foreclosed the
possibility of cohabiting with the conservatives in another grand coalition. After it received its worst-ever drubbing in the September elections, the
party may be reluctant to revisit its position, lest it risk further erosion of its popular base. But in the unlikely event of it backing the CDU, the
Social Democrats may insist on offering support to a candidate other than Ms. Merkel as Chancellor. A minority government led by the CDU is a
theoretical possibility, but even the conservatives do not seem to warm up to it. That leaves the President with the responsibility of determining
whether fresh elections are the only option. The far right Alternative for Germany, which emerged as the third largest party in the elections, believes
it can further consolidate those unprecedented gains — something the mainstream parties will be conscious of during last-ditch attempts to cobble
together a coalition. The proof of the efficacy of the German consensus model lay in solidifying the political centre-ground over the decades. The
need for a strong middle ground could not be greater than it is at this point. Once the Netherlands and France averted political instability at the
hands of populist and eurosceptic parties earlier this year, the outcome in Germany had appeared to be a foregone conclusion. Perhaps not.

20171120 - Search, seize, cease: on I-T raids at Jayalalithaa's residence

The IT department needs to deepen the probe against political figures in Tamil Nadu
In Tamil Nadu’s politically surcharged atmosphere, almost everything takes on a political hue. Searches and seizures by the Income Tax department
following the death of Chief Minister Jayalalithaa were without doubt integral to the clean-up operation in a State known for brazen corruption and
abuse of power at different levels. But some of the actions of the enforcement agencies have given the impression that they are selective in nature,
leading to charges that they were motivated by the political interests of the Bharatiya Janata Party, which heads the government at the Centre. In
the latest instance, Income Tax officials searched the residence of Jayalalithaa, following up on seizures made at properties held by the family of her
friend V.K. Sasikala. But curiously, Income Tax officials were insistent that the rooms used by Jayalalithaa were not the object of inquiry, only those
used by Sasikala and secretary S. Poongundran. Jayalalithaa remains a revered figure in Tamil Nadu’s politics, and the BJP’s efforts over the last
several months have been two-fold: to acknowledge her political legacy and to denounce the claims of the Sasikala family as its true inheritor. Not
surprisingly, in an attempt to undermine the BJP’s control of the narrative, Sasikala’s nephew, T.T.V. Dhinakaran, described the searches as an assault
on Jayalalithaa’s soul. The credibility of the searches thus hinges on the Income Tax department widening the net beyond the Sasikala family and
cracking down on corruption at the highest levels.
Adding to the credibility issue is the evident lack of serious follow-up on searches made earlier. Within weeks of Jayalalithaa’s death, Income Tax
officials conducted searches against the then Chief Secretary, P. Rama Mohana Rao, and claimed to have unearthed assets disproportionate to his
known sources of income. But almost a year later, there is little forward movement in the case. Similarly, searches at the properties of Health
Minister C. Vijaya Baskar, a confidant of Mr. Dhinakaran, have yielded little in terms of framing of charges. Mr. Baskar remains a Minister, but he is a
little warier of associating openly with Mr. Dhinakaran. The political impact of the searches is infinitely greater than their legal consequences. Both
factions of the AIADMK seem eager to please the BJP, which does not have much more than a toehold in the State. In the absence of the searches
resulting in serious action, the Central enforcement agencies will appear as no more than political weapons in the hands of the BJP. Widening the
scope of and deepening the probe consequent to the searches are essential for taking the drive against political corruption to its logical end. Just as
important, however, is the need for enforcement agencies to demonstrate their independence and credibility.

20171122 - Born to rule — On Rahul Gandhi's elevation

But only sound political vision will help Rahul Gandhi in the face-off with Narendra Modi
From the time he entered politics, and won Amethi in 2004, Rahul Gandhi knew the leadership of the Congress was his for the asking. The only
question was when his mother, Sonia Gandhi, would be ready to step down. The inevitable succession from mother to son is related to the very
nature of the Congress. Unfortunately for the party, no one but a member of the Nehru-Gandhi family can hold its potentially fractious elements
together. So, in the absence of some totally unexpected twist, the December election process announced will see Mr. Gandhi as Congress president.
This will formalise his de facto position as the leader of India’s largest opposition party, which is struggling to stitch together a national-level
alternative to the resurgent BJP, under the Amit Shah-Narendra Modi combine. The timing of the elevation is significant. In the period immediately
after the devastating defeat in the 2014 Lok Sabha election, the Congress did not want to push Mr. Gandhi to the top: that would have meant
exposing him to unflattering comparisons with Mr. Modi, when the BJP was in its most dominant phase. Despite Ms. Gandhi’s ill-health, Mr. Gandhi
seemed in no hurry to take up the leadership. That he is taking on the responsibility just before the Assembly election in Gujarat, a State the
Congress has not won since 1985, is a signal to the electorate that Mr. Gandhi is ready for the long haul.
The real challenge for Mr. Gandhi is not winning the Congress leadership, but positioning himself as a rock in the way of the Modi juggernaut. When
his mother chose not to stake claim for the prime ministership in 2004, and instead invited Manmohan Singh to head the UPA government, he might
have assumed that only youth and inexperience stood in his way. But in the years since then, Mr. Gandhi betrayed a sense of entitlement without
showing a willingness to be part of the government. At no time was this more evident than when he wanted torn up an ordinance promulgated by
his own government to negate a Supreme Court verdict on disqualification of legislators on their conviction by a trial court. What he projected as a
stand in keeping with public opinion came across as an arrogant act by a dynast against a Prime Minister beholden to him for staying in power.
More recently, Mr. Gandhi has shown greater political maturity. He has spoken up against the failings of the Modi government and refused to be
cowed down by trolls on social media. Dynasty might have taken him to the top of the party, but if he is to lead a country of India’s size, he will have
to articulate a political vision people buy into. Nothing will be gained by waiting for Mr. Modi to mess up. Mr. Gandhi will need to show he is prime
ministerial material, not just a reflexive critic of Mr. Modi and the BJP’s brand of politics.

20171122 - Helter Skelter — On the legacy of Charles Manson

Charles Manson’s murderous ways hold out a special caution for the America of today
Charles Manson, convicted for the brutal 1969 murders of nine individuals in California, died a natural death last Sunday, at the age of 83. His passing
however will not diminish the profound influence that he and the “Manson Family,” a quasi-commune comprising mostly of abused and broken
young women, had on the popular culture of the 1960s, a troubled decade that witnessed an intensifying battle for civil rights, the peak of the anti-
war movement, and the “counterculture” associated with hippies, drug abuse, and free love. Manson and his followers were regarded by some as
symbols of the dark side of this counterculture movement. Their notoriety came in August 1969, when, acting upon Manson’s instructions four of
his followers, three women and a man, entered a posh Hollywood Hills home and slaughtered a heavily pregnant actress Sharon Tate – also the wife
of film director Roman Polanski – and four of her friends. One of Manson’s followers, Susan Atkins, scrawled the word “pig” on the front door with
the Ms. Tate’s blood, hinting at Manson’s paranoid delusions about fomenting a race war by framing African-Americans for this gruesome killing
spree. Again, directed by Manson, his “family” went on to murder a wealthy couple in Los Angeles, Leno and Rosemary LaBianca, the following day,
and they separately killed a Hollywood stuntman and another acquaintance of the group. Although Manson was convicted of first-degree murder in
1971, he escaped capital punishment after California outlawed the death penalty a year later.
Despite the depravity of Manson’s actions, his legacy has unfortunately been a contested notion. The fact that he achieved pop culture infamy
through a variety of antics during his trial, and that this spawned an entire genre of “true crime” books and television movies, has muddied the
recognition of the true horror of his outlook. Manson had a well-documented hatred of Jewish people, African-Americans and women. Rather than
the liberal counterculture movement of the 1960s, his bigoted philosophy bears a disturbing resemblance in some respects with the far-right or alt-
right brand of neo-fascism that has mushroomed in certain pockets of U.S. politics recently. Take Dylann Roof, for example, the white supremacist
who also murdered, coincidentally, nine African-Americans in Charleston, South Carolina, in 2015. He too spoke of “race war” and lapped up alt-right
materials online, indulging in the very same apocalyptic race-ramblings that Manson did. Manson was also known for drawing inspiration from the
Beatles song “Helter Skelter,” which he interpreted as a description of an impending a race war that his band of white heroes had to survive. This
narrative of race hate is currently undergoing a renaissance of sorts in the U.S., and this has coincided with the vitriolic campaign and administrative
tenor of President Donald Trump. Neo-Nazis such as Richard Spencer appear emboldened by Mr. Trump’s wink-and-nod approach. The legacy of
Manson should serve, if anything, as a poignant reminder to liberal America that the pillars on which their pluralist democracy was built must never
be taken for granted.

20171123 - Pill talk — On antibiotic resistance

Consumer awareness is needed on the danger of reckless antibiotic use
Around the time the UN Climate Change Conference drew to a close in Bonn last week, so did the World Antibiotic Awareness Week, a World
Health Organisation campaign to focus attention on antibiotic resistance. The global threats of climate change and antibiotic resistance have much
in common. In both cases, the actions of people in one region have consequences across the globe. Also, tackling both requires collective action
across multiple focus areas. For resistance, this means cutting the misuse of antibiotics in humans and farm animals, fighting environmental pollution,
improving infection control in hospitals, and boosting surveillance. While most of these goals need government intervention, individuals have a
critical part to play too. This is especially true for India, which faces a unique predicament when it comes to restricting the sale of antibiotics —
some Indians use too few antibiotics, while others use too many. Many of the 410,000 Indian children who die of pneumonia each year do not get
the antibiotics they need, while others misuse drugs, buying them without prescription and taking them for viral illnesses like influenza. Sometimes
this irrational use is driven by quacks. But just as often, qualified doctors add to the problem by yielding to pressure from patients or drug-makers.
This tussle — between increasing antibiotic use among those who really need them, and decreasing misuse among the irresponsible — has kept India
from imposing blanket bans on the non-prescription sale of these drugs.
When policymakers did propose such a ban in 2011, it was met with strong opposition. Instead, India turned to fine-edged tools such as the Schedule
H1, a list of 24 critical antibiotics such as cephalosporins and carbapenems, whose sale is tightly controlled. But even Schedule H1 hasn’t
accomplished much: pharmacists often flout rules, and drug controllers are unable to monitor them. Thus, the power to purchase antibiotics still
remains in the hands of the consumer. It is up to consumers now to appreciate the threat of antibiotic resistance and exercise this power with care.
These miracle drugs form the bedrock of modern medicine today, and are needed for everything from prophylaxis for a complicated hip surgery to
treatment for an infected knee scrape. Losing these drugs would mean that even minor illnesses could become killers, and the cost of health care will
soar. Consumers need to remember that not all illnesses need antibiotics, and the decision on when to take them and for how long is best left to a
doctor. Multi-resistance in some tertiary-care hospitals to bugs like Staphylococcus aureus has grown to dangerous levels. But the experience of
countries like Australia shows that cutting down on antibiotics can reverse such trends. The National Action Plan on Antimicrobial Resistance aims
to repeat such successes in India. Meanwhile, awareness must be built among consumers so that they see the coming crisis and take up the baton.

20171123 - The numbers game — On India’s victory at the ICJ

India’s victory at the ICJ reinforces the importance of small power diplomacy
The election of Justice Dalveer Bhandari to the International Court of Justice for a second term is a major diplomatic success for India. Five of the 15
judges of the ICJ are elected every three years. This year there were six candidates for five slots. The winning candidates required a majority in both
the United Nations General Assembly and the Security Council in simultaneous voting through secret ballot. While four candidates were elected
smoothly, Justice Bhandari and Christopher Greenwood of the United Kingdom ended in a dead heat as the former won the UNGA and the latter the
UNSC in multiple rounds of voting. The U.K. wanted to end the voting and move to a conference mechanism, which involves selecting a panel of
three UNGA members and three UNSC members, who would then elect the judge. This mechanism has never been used before. India opposed the
move, and the U.K. could not gather adequate support for its demand in the UNSC. The U.K. then withdrew its candidate, paving the way for Justice
Bhandari’s re-election. India and the U.K. had staked considerable diplomatic goodwill in the election, and the outcome is significant politically for
both.
For the first time, the U.K. will not have a judge on the ICJ. It is also the first time that a permanent member of the UNSC has lost at the ICJ on a
vote. For British Prime Minister Theresa May the loss comes at a difficult time as she struggles with the process of leaving the European Union and
with her own leadership coming under assault from Conservative MPs. In this context, the loss at the ICJ is being read as confirmation of the U.K.’s
diminishing role in global affairs. As America’s inseparable and unquestioning junior partner, the country had asserted its relevance in the post-War
order even as its military and economic power eroded. With the U.S. under President Donald Trump less guided by the “special relationship” with the
U.K., a post-Brexit U.K. will have to do much more heavy-lifting in multilateral forums. For India, soon after its failure to gain membership to the
Nuclear Suppliers Group, the lobbying for the ICJ election has different lessons. With all five permanent members of the UNSC fiercely locking arms
to protect their collective interest of dominating the world body, India’s success was built primarily on the support of developing countries, among
whom it has nurtured goodwill over the decades. Japan also appeared to align with the P-5. India’s call for a more equitable world order has a better
resonance among developing countries than the custodians of the current order. India’s support in the UNGA was expanding with subsequent rounds
of voting, a reality the U.K. and the U.S. could not brush aside. For India, the takeaway is clear: to find a louder global voice, it also needs to put more
emphasis on ties with countries away from the high table.

20171124 - Going universal — On Karnataka's universal health coverage

Karnataka does well to finalise the road map to ensure universal health coverage
Karnataka’s move to amend the law governing private medical establishments is a logical step in its plan to provide universal health coverage in the
State. There can be a debate on how individual aspects of medical services are best regulated, but laying down standards, containing treatment costs,
mandating transparency and creating a binding charter that empowers patients are all basic components of healthcare reform. The State government
has wisely dropped the clause on imprisonment for medical negligence in the final draft of the amendment Bill, avoiding a possible delay in
broadening the scope of the Karnataka Private Medical Establishments Act, 2007. There is a need, of course, to ensure parity in services offered by
government and private institutions, and end the neglect of public facilities especially in rural areas. The transition to universal health access,
provided free at the point of delivery, must be a national priority as it is the key Sustainable Development Goal relating to health to be achieved by
2030. The UPA government dropped the ball midway, although it had a report from an expert group of the Planning Commission in 2011 proposing
a road map for universal coverage. Karnataka is pursuing needed reform in some of the areas covered by the expert panel, notably on containing the
cost curve in establishments that operate for profit and where patients with state-supported insurance get treated.
The task before Karnataka now is to come up with an essential health package consisting of treatments available to all and to devise ways to charge
users based on the ability to pay. Capping costs for those who use such facilities is important, given that out-of-pocket expenditure on health in India
is extremely high. Regulation of prices for some drugs may have had a moderating effect, but much work remains to be done to streamline processes
to achieve centralised procurement and free distribution of essential medicines to all. Karnataka’s decision to set up a regulator for government
hospitals is a response to the criticism that nothing is being done to raise standards in these institutions and bring in accountability. Ideally, all health
institutions participating in a universal access programme should be governed by common regulations, for which national, State and district-level
authorities are the answer. Such a comprehensive approach can eliminate fragmentation of functions. Also, the public health approach at the primary
level should not be lost sight of, while focussing on reform of hospital-based care. National schemes aimed at reducing the burden of infectious and
non-communicable diseases, and improving the health of women and children, should continue to receive top priority.

20171124 - Politics and Padmavati

Chief Ministers cannot cite law and order threats as an excuse to curb free expression
Given the violence and the threats, it is perhaps not surprising that the producers of Padmavati have decided to ‘voluntarily’ defer its release. But
irrespective of how this changed timetable plays out, the conduct of politicians over the past few days has been cynical and deeply unmindful of the
rule of law. In February 1989, days after Ayatollah Khomeini of Iran had issued a fatwa against him for his novel The Satanic Verses, Salman Rushdie
published an open letter to Rajiv Gandhi, then Prime Minister. He reminded the Prime Minister that his book had already been banned in India in
October 1988, under the Customs Act, and that while issuing the curb on its import the Finance Ministry clarified that the “ban did not detract from
the literary and artistic merit of Rushdie’s work”. “Thanks for the good review,” wrote Rushdie, adding that it appeared “as if your Government has
become unable or unwilling to resist pressure from more or less any extremist religious grouping”. It is worth recalling that letter, as it provides a
benchmark to map the race to the bottom in the current row over Padmavati. Today, as a number of Chief Ministers across north India rail against
the film and threaten to disallow its screening without requisite cuts, there is no longer even that perfunctory clarification that their action has
nothing to do with the artistic merit of the film. And it is no longer the case that the governments are unwilling to resist pressure from extremist
groups such as the Karni Sena. Chief Ministers now are actually rallying opinion against the film to whip up caste and religious anxieties.
Yogi Adityanath of Uttar Pradesh has forged an absurd equivalence between “those giving death threats” and Sanjay Leela Bhansali, the film’s
director, for “hurting public sentiments”. Vijay Rupani in Gujarat has taken a cue from Shivraj Singh Chouhan in Madhya Pradesh and called for a
ban. This is in complete disregard of the Supreme Court judgment in S. Rangarajan v. P. Jagjivan Ram that the state cannot cite concerns about a
“hostile audience” in curbing freedom of expression. Vasundhara Raje of Rajasthan, in fact, has argued that the “censor board” must go beyond just
certifying a film, and should be mindful of the possible results after its release. And Amarinder Singh in Punjab has said he opposes a ban but
“cinematic licence” cannot extend to twisting “historical facts”. The fact that these open appeals against cinematic expression are going mostly
unchallenged across the political spectrum carries dark forebodings. The issue here is no longer Padmavati, its artistic merit or the factuality or
otherwise of multiple retellings of the narrative. What is of real concern is the spectacle of state functionaries ignoring their constitutional
responsibility in upholding free expression, and placing themselves alongside those out to intimidate, and release sectarian furies.

20171125 - A symbolic victory — On the Two Leaves to EPS-OPS camp

Without popular support, the AIADMK will gain zilch by winning back its election symbol
What brings people together is not always enough to keep them together. The struggle for the Two Leaves election symbol may have encouraged
the two factions of the All India Anna Dravida Munnetra Kazhagam to come together, but the allocation of the symbol by the Election Commission
is not likely to make the prospects of their staying together any greater. While the O. Panneerselvam group formed a separate faction as a protest
against the domineering influence of the Sasikala family in the party, the Edappadi K. Palaniswami group distanced itself from the Sasikala family as a
survival tactic to seek greater political legitimacy. Both camps have retained their separate identities after the merger. Therefore, the allocation of the
symbol risks accentuating the internal struggle for posts and positions within the party. While another split in the near future is unlikely, the
competing claims for power and influence by the two factions could put the party under renewed stress. But what the allocation of the symbol does
for the ruling combine is to give it an advantage over the Sasikala faction, represented by T.T.V. Dhinakaran, in the R.K. Nagar by-election. With the
help of Two Leaves, the camp of ‘EPS and OPS’ might be able to beat back the challenge posed by Mr. Dhinakaran, who has already declared his
intention to contest the election for the seat.
The EC was faced with a straightforward issue in deciding the symbol case. The merged factions commanded the support of a majority of the
members of Parliament and State legislature and the organisational wings. True, even at the time the case first came up before the EC, the EPS
faction, which at that time had the benefaction of the Sasikala family, enjoyed the support of a majority of the party’s members. But with the R.K.
Nagar by-election in sight (it was subsequently deferred after instances of voter bribery came to light), the EC had taken the safest option of freezing
the symbol and the name of the party. With the symbol case out of the way, the ruling AIADMK combine can once again concentrate on fighting
the Dravida Munnetra Kazhagam, its long-time rival. Unlike what they did in the battle with Mr. Dhinakaran, Chief Minister Palaniswami and Deputy
Chief Minister Panneerselvam cannot hope to project the malevolence of Sasikala as an issue for fearmongering in the contest with the DMK. The
R.K. Nagar by-election will also be the first electoral test for the State government, which needs to erase the popular impression that it is hurtling
directionless without a pilot. A victory for the EPS-OPS grouping could go a long way in establishing the political legitimacy of a government that
is still running on the mandate given to Jayalalithaa. Equally, an adverse result in this by-election could undermine the government, bringing it under
even greater pressure from inside as well as outside.

20171125 - The China plan — On Myanmar-Bangladesh deal on Rohingya

The devil will be in the detail of the Myanmar-Bangladesh deal on Rohingya repatriation
The agreement reached between Myanmar and Bangladesh to repatriate Rohingya refugees suggests that the Chinese proposal has found some
traction as a solution to the crisis. It has been sealed after a three-month military operation by Myanmar in Rakhine, which resulted in around
600,000 Rohingya fleeing the province to Bangladesh, leading to a humanitarian crisis and a war of words between Dhaka and Naypyidaw. It is
against this background that China stepped in with its three-point plan. Earlier this month, Chinese Foreign Minister Wang Yi travelled to
Bangladesh and Myanmar with the proposal; Beijing later claimed both countries had accepted it. Under the plan, Myanmar and Bangladesh were to
hold bilateral talks and reach a repatriation agreement – which has been achieved. However, the first step in Beijing’s approach – which involved a
declaration of ceasefire in Rakhine to halt further displacement and bringing immediate relief to the state’s devastated Rohingya – has not taken
effect. If this were to happen, the third part of the proposal will presumably take effect, with China providing economic assistance for the
development of the Rakhine region as part of a long-term solution.
China, which has historically been wary of stepping into domestic conflicts in other countries, is being proactive in this case. Its own interest is at
stake. Beijing enjoys good relations with both Bangladesh and Myanmar; also, Rakhine is an important link in its Belt and Road Initiative. China is
building a $7.3 billion deep-water port in the province and has invested $2.45 billion to build an oil and gas pipeline connecting coastal Rakhine to
Yunnan. China has put pressure on Myanmar because a protracted conflict in Rakhine will be decidedly against Beijing’s economic interests. The
signing of a repatriation deal suggests this pressure tactic is working. But details of the agreement, including the number of Rohingya who will be
sent back, and the timeline, have not been revealed. It is also not clear whether the refugees themselves want to go back to a place they had fled in
such perilous circumstances. Or in the event they do, where they will be resettled. From the details of the plan it is clear that China sees the
Rohingya crisis as an economic problem, given that its solution is centred on development. While economic assistance is essential, the real problem is
arguably deeply political, and there needs to be an accompanying political solution. Any proposal can only make limited headway unless Myanmar is
willing to roll back the institutional barriers that render Rohingya second-class people. Unless they are accepted as equal citizens, there is unlikely to
be a long-term solution to the Rakhine unrest.

20171127 - Desert storm: the chaos in Egypt

The chaos in the region makes Egypt’s counter-terror task even more challenging
The murderous attack on Friday at a Sufi mosque in the Sinai Peninsula that killed at least 305 people is a grim reminder of the threats Egypt faces
from a stronger and more brutish Islamist militancy. Over the past three years, groups operating from the Sinai peninsula, particularly a local arm of
the Islamic State, have carried out several terror attacks. The ease with which dozens of militants, carrying the IS’s black flags, unleashed the assault
on the mosque in Bir al-Abed, surrounding it with vehicles and attacking devotees with bombs and guns, has set alarm bells ringing in Cairo. This is
the bloodiest attack in modern Egypt’s history. President Abdel Fattah el-Sisi, the general who had captured power through a coup in 2013
promising stability and security, has vowed to respond with “brutal force”. General Sisi had made similar promises after terrorist strikes in the past,
including when a Coptic church in the mainland was bombed by the IS on the Palm Sunday this year, killing at least 45 people. With the Bir al-Abed
mosque attack, the terrorists have now raised the stakes and also called into question General Sisi’s counter-insurgency strategy.
The IS’s strategy in Egypt is similar to that in Syria and Iraq. The group is targeting Christians, who make up about 10% of the Egyptian
population, and minority sects within Islam. It makes no secret of its plan to deepen the sectarian divisions in societies and then exploit these
divisions to win over hardline Sunni segments. Egypt’s Sinai, a region historically neglected by Cairo and with a vast terrain of desert, mountain and
long coasts, is an ideal operational base for the IS. For the same reasons, counter-insurgency in the Sinai is a challenging task even for a formidable
military force. The Egyptian military has also been under strain on account of regional developments since the fall of Muammar Qadhafi’s regime in
Libya in 2011 and the resulting chaos in North Africa. The black market trade in weapons from Qadhafi-era depots has strengthened militant groups,
including those in the Sinai. Besides, it is suspected that following the more recent collapse of IS networks in Iraq and Syria, Egyptian Islamists who
were fighting in those countries have returned home and joined local networks. This poses a daunting challenge to President Sisi. The battle before
Cairo is not just a counter-insurgency mission. It has to defeat the militants and disrupt the supply of weapons, which is a huge challenge given the
difficult terrain of the Sinai. But the Egyptian government also needs to take steps to address the long-term grievances of the Sinai’s population and
deny militants local sympathy or support.

20171127 - Messy fix: the amended insolvency code

The amended insolvency code risks hurting the key aims of the original law
Less than 12 months after the Insolvency and Bankruptcy Code came into force with the goal of easing the resolution of corporate insolvency, the
Central government has passed an ordinance that significantly amends the original law. The aim of the changes is clearly stated in the preamble: “...to
strengthen further the insolvency resolution process, it has been considered necessary to provide for prohibition of certain persons from submitting a
resolution plan, who, on account of their antecedents, may adversely impact the credibility of the processes.” The ordinance then specifies the
categories of persons who are deemed ineligible to participate in resolving a corporate entity’s debt once it has been put under the process of
insolvency resolution by creditors. Here lies the nub. While there is no quibble about the need to deny unscrupulous and wilful defaulters who have
put banks and other creditors to substantial financial hardship the opportunity to regain control of corporate assets that have been put under
resolution, the category of people barred is too broad and risks the very objectives of the original code. It is germane to remember here that the IBC
is not intended to serve as a mere instrument of liquidation. Instead, it is to provide an enabling legal framework for the “reorganisation and
insolvency resolution of corporate persons... in a time bound manner for maximisation of value of assets of such persons” and to promote
entrepreneurship, among other goals.
By including promoters and those in management whose loan accounts are classified as non-performing assets for one year or more, as well as any
person disqualified to act as a director under the Companies Act, the amendment risks becoming an instrument of blunt force that hurts more than it
helps. As policymakers and central bankers have often pointed out, not all bad loans are a result of mala fide intent on the borrower’s part.
Specifically, in cases where companies have ended up struggling to service debt as a result of unpredictable external factors that adversely impacted
their operations and financials, barring the promoters of such firms from a chance to restructure and turnaround the business, merely because the
loans have turned sour, is unfair to both the entrepreneur and the enterprise itself. For instance, steel companies were among the worst hit in the
wake of the global downturn in commodity prices and depressed demand. It has been reported that the promoters of some of these debt-laden
steelmakers were considering participating in bids to restructure the debt and businesses and hoping to run them again. By widening the scope and
definition of those it considers ineligible to participate in the resolution process and, worse, making the amendments retrospective to cover even
those cases already referred to the National Company Law Tribunal, the Centre may have ended up, unintentionally, throwing the baby out with the
bathwater.

20171128 - Road to chaos: Pakistan's face-off with extremists

Pakistan’s government stands undermined at the end of a long face-off with extremists
The long stand-off between the authorities and Islamist protesters on the edges of Islamabad, once again, has exposed the vulnerability of the
Pakistan government while dealing with extremist groups. The protesters, led by a little-known group, Tehreek-i-Labaik Ya Rasool Allah (TLY)
paralysed the city by blocking the main road from Rawalpindi for three weeks, demanding the resignation of Law Minister Zahid Hamid. The
demonstrations were purportedly a response to a proposed change in the oath for lawmakers that moderated the mention of the Prophet. Islamist
groups, with Khadim Hussain Rizvi, the chief of Tehreek-i-Labaik, taking the lead, alleged that this amounted to blasphemy. Prime Minister Shahid
Khaqan Abbasi appeared to have no idea how to find a way out. He withdrew the proposed amendment in the wake of Islamist protests, hoping that
it would pacify them. When the crowd started blocking the road to Islamabad, the government first ignored it, clearly underestimating Tehreek-i-
Labaik’s capacity to sustain the demonstrations. When the protesters persisted, the authorities offered to hold talks. When that failed and its handling
of the crisis came under judicial criticism, the government decided to use force, resulting in violent clashes between security personnel and protesters
on Saturday, in which at least six people were killed and over 100 injured. Even then, the civilian leadership had to seek the Army’s help to broker a
deal with the protesters. It was after Mr. Hamid resigned as Law Minister that Mr. Rizvi finally asked his supporters to disperse.
The way the government handled the crisis and its final capitulation, under military mediation, to the protesters’ ultimatum clearly point to the
continuing erosion of executive authority. The Pakistan Muslim League (Nawaz) government, which suffered a massive setback in July when Prime
Minister Nawaz Sharif was disqualified, is yet to recover its equilibrium. Mr. Abbasi must take part of the blame for what happened in Islamabad. He
failed to act swiftly when the crisis broke. Instead, he waited and watched as the capital city was paralysed. By the time things came to a head, the
military played its hand not just to help resolve the crisis but also to project the civilian leadership as being clueless. An equally worrying sign for
Pakistan is that a political upstart with extremist views has showed it can hold the government to ransom. It is not clear whether Tehreek-i-Labaik
has the support of the ruling party’s rivals. But the pace at which thousands of supporters were mobilised in Islamabad against the government
reinforces the sensitivity of the blasphemy issue in the country’s politics. The growing street power of Islamist fringe groups, the reluctance of the
government to take them on and the mediatory role the Army plays at a time when divisions among political parties run deep, all confirm the risk of
instability in Pakistan.

20171128 - Sink your differences: on the executive-judiciary relationship

A touch of pragmatism is what the judiciary and the executive need at this juncture
It is disconcerting that differences between the executive and the judiciary are emerging often in the public domain these days. By raising the
question whether the judiciary does not trust the Prime Minister to make fair judicial appointments, and harping on the need to maintain the balance
of power between the executive and the judiciary, representatives of the Union government have risked the impression that they are putting the
judiciary on the defensive. Read between the lines and the executive’s profound dissatisfaction with the state of play in relations between the two
wings is evident. Union Law Minister Ravi Shankar Prasad is undoubtedly entitled to hold the view that the Supreme Court’s 2015 verdict striking
down the law creating the National Judicial Appointments Commission (NJAC) reveals the judiciary’s distrust in the Prime Minister and the Law
Minister. His question whether an audit is needed to determine what has been lost or gained since the collegium system was created in 1993 is not
without merit. However, it is debatable whether these issues should have been raised in public, that too in the presence of the Chief Justice of India
and his fraternity. Chief Justice Dipak Misra seemed coerced into responding that the judiciary reposes the same trust that the Constituent Assembly
had in the Prime Minister, and that the judiciary indeed recognised and respected the separation of powers enshrined in the Constitution. There was
really no need for such a public affirmation of first principles in a democracy.
However, it does not mean that major concerns over whether there is real separation of powers, whether public interest litigation has become an
interstitial space in which judges give policy directives, and whether the country needs a better system than the present one in which judges appoint
judges should be brushed aside. The present collegium system is flawed and lacks transparency, and there is a clear need to have a better and more
credible process in making judicial appointments. It is clear that differences over formulating a fresh Memorandum of Procedure for appointments are
casting a shadow on the relationship. It is best if both sides take a pragmatic view of the situation and sink their differences on the new procedure,
even if it involves giving up a point or two that they are clinging to. For a start, they could both disclose the exact points on which the two sides
differ so that independent experts will also have a chance to contribute to the debate. If it is the right to veto a recommendation that the government
wants on some limited grounds, the Collegium must not be averse to considering it. Resolution of this matter brooks no further delay.

20171129 - A new phase? Nepal's historic vote

High hopes ride on Nepal’s first parliamentary polls under its new Constitution
Nepal voted on Sunday in the first phase of parliamentary elections under its new Constitution of 2015 and with the electoral battle lines redrawn in
a recently altered political landscape. The first round was mostly concentrated in the upper hill regions, with the rest of the country scheduled to
vote on December 7. Uniquely for Nepal’s highly fragmented party politics, these elections witness a direct battle between two fronts. The first, the
“democratic alliance”, is led by the Nepali Congress and includes the former Panchayat parties and Madhesi groups; the second, the “left alliance”,
brings together, in a surprise agreement hammered out in early October, the Communist Party of Nepal (Unified Marxist-Leninist) and the
Communist Party of Nepal (Maoist Centre). On the face of it, this is an electoral battle between the forces belonging to the centre-right and the
centre-left, but to reduce it to an ideological battle would be misleading. The NC, the UML and the Maoists have been in power at various points in
the last decade and have done little to distinguish themselves by way of implementing socio-economic policies or in terms of performance. The
Constitution-writing process was completed in far too many fits and starts largely due to short-sighted battles for one-upmanship among these
parties in Kathmandu since 2008. Populism dominates the ideological positions of the major parties and the politics of patronage has governed their
engagement with the people. The consequence of this has been lack of movement on key issues facing the underdeveloped nation-state.
One such issue that dominated the political discourse in the last half-decade has been the need for decentralisation and representation of the
marginalised communities. Madhesis and janajatis (tribals) have continued to claim that their demands for adequate state restructuring and federalism
were not met in the new Constitution. The new electoral alliances have subsumed such differences — with the Maoists, who were willing to grant
such demands for amendments to the new Constitution, joining hands with the UML, which is strongly opposed to any concessions. Similarly, the
Naya Shakti Party, a fledgling socialist party, has broken away from the left alliance and aligned itself with the NC despite significant differences over
state-restructuring and other issues. The political flux has meant that vital issues of economic development have remained largely unaddressed,
belying hopes that Nepal’s transition from a monarchy to a republic would foreground the people’s concerns. The clear contest, for the first time,
between two pre-poll alliances may finally give an ideological and political shape to the republican polity as a battle of ideas, and mark a break from
the years of squabbling over positions of power in Kathmandu. Clearly, the voters are not cynical: the turnout in the first phase on November 26 was
estimated to be 65%. The politicians must now deliver.

20171129 - Freedom first: On SC's order in Hadiya case

The Supreme Court’s order allowing Hadiya freedom of movement was long overdue
By freeing Hadiya, a 25-year-old from Kerala who converted to Islam, from her parents’ custody, the Supreme Court has protected her freedom to
choose her religion and her freedom of movement. Such an order was long overdue, considering that she has been living with her parents against her
will and wished to be allowed to be with her husband and practise her religion. It is a matter of satisfaction that the court has now emphasised her
personal liberty rather than curtailing her freedom on a totally unrelated ground, namely that she was likely to be radicalised. Hadiya, whose original
name was Akhila, had been practising Islam for nearly two years, and had to face judicial proceedings twice at the instance of her father, who alleged
that her conversion was involuntary and part of a ploy by communal groups to radicalise her and send her abroad to join the Islamic State. The court
has now allowed Hadiya to go to Salem in Tamil Nadu and complete her internship as part of a homoeopathy course. It is somewhat ironic that it
took nearly a year and a long spell of judicially ordered confinement for Hadiya to opt for the same course of action that was offered to her by the
Kerala High Court in December 2016. The High Court had been all set to pass orders to enable her to go to Salem for the same purpose, when on
December 21, 2016, she disclosed that a couple of days earlier she had married a man called Shafin Jahan. The High Court then annulled her marriage,
calling it a sham and a ruse to scuttle the proceedings.
Whatever the truth about her marriage, there were serious reservations about the High Court’s observations to the effect that a woman’s marriage
requires the involvement of her parents and that even if she had attained the age of majority she was still at a “vulnerable age”. The ease with which
the freedom of an adult woman to make life decisions could be curtailed by judicial orders left many aghast. It is doubtful if similar remarks would
have been made if the convert was a man. From this perspective, the Supreme Court’s order is to be welcomed as it gives primacy to a woman’s
freedom to choose her manner of living. The Supreme Court has also made it clear that the National Investigation Agency can continue its ongoing
probe. This preserves the scope for a lawful investigation into the suspicion that there is an organised campaign to recruit young people for overseas
operations. Any probe into this phenomenon need not be at the cost of individual liberty. The possibility of indoctrination cannot be a reason for
undermining personal autonomy.

20171130 - A neutral Internet

TRAI recommendations for Net neutrality must be urgently acted upon
The struggle to keep the Internet freely accessible to all got a welcome shot in the arm on Tuesday. The Telecom Regulatory Authority of India
(TRAI) finally came out with clear guidelines in favour of Net neutrality that are consistent with its earlier stand on Facebook’s Free Basics proposal.
After consultation papers issued in May 2016 and this January, the regulator reiterated that there cannot be discriminatory treatment of websites on
the Internet by service providers. In particular, TRAI warned providers against the practice of blocking certain websites and tinkering with content
speeds. This, in a nutshell, means that service providers such as telecom companies cannot stand in the way of a consumer’s access to content that
would otherwise be provided to her without any undue hindrance. They cannot, for instance, charge consumers for access to certain content, or
receive payment from websites promising greater promotion of their product over the rest. Quite notably, TRAI’s decision comes in the wake of
international focus on the U.S. Federal Communications Commission’s decision to scrap regulations on service providers imposed during the Obama
administration. While batting for the right to an open Internet, however, TRAI has been careful to allow some exceptions that allow companies to
discriminate between content if it helps them regulate the flow of traffic or offer “specialised services”.
While TRAI’s new guidelines will help the cause of building the Internet as a public platform with open access to all, the concerns of service
providers should not be dismissed altogether. The Internet has spread all over the world, so widely that many believe it is now an essential good. But
the infrastructure that serves as the backbone of the Internet has not come without huge investments by private service providers. So any regulation
that severely restricts the ability of companies to earn sufficient returns on investment will only come at the cost of the welfare of the public. In this
connection, TRAI has been open to adopting a nuanced view that differentiates between various forms of content instead of imposing a blanket ban
on all forms of price differentiation. The new policy, for instance, will still allow companies to justify the costs incurred in providing niche content to
consumers. At the same time, TRAI’s measured response is likely to effectively address the problem of anti-competitive practices adopted by certain
providers. Interestingly, it has left it, with important caveats, to the government to decide on services that count as “specialised” and deserve
exceptional treatment by regulators. To this end, a proper mechanism needs to be instituted to make sure that the exceptions are not used as
loopholes by the big Internet players. Policymakers will also need to think hard about creating an appropriate legal framework to prevent the
capture of regulation by special interests.

20171130 - Eliminate torture: the need for a law to prevent custodial cruelty
Enacting a law prohibiting torture is both a moral imperative and a pragmatic necessity. The Union government has informed the Supreme Court
that it is seriously considering the 273rd Report of the Law Commission, which has recommended that India ratify the United Nations Convention
against Torture and pass a law to prevent torture and punish its perpetrators. A few months ago, the court had sought the Centre’s response to a
petition filed in public interest by former Union Law Minister Ashwani Kumar, who complained about the delay in India ratifying the UN
Convention, which it had signed in 1997. The petition had also favoured a standalone legislation to prohibit torture. The court disposed of the matter
without any direction after being informed that the matter was under serious consideration. The Centre should now act on its own with a sense of
urgency. There can be no reason to further delay legislative measures to eliminate all forms of torture and other cruel, inhuman and degrading forms
of treatment. At an earlier hearing, the court had itself highlighted why a standalone law is needed. India has made many requests for extradition of
offenders from other countries, and the absence of an anti-torture law may prevent these countries from acceding to India’s requests. Earlier this
month, extradition courts in the United Kingdom refused to send two persons to India to face trial, one of them on the ground that there was “no
effective system of protection from torture in the receiving state”. Conditions in India’s prisons, especially the chronic problem of over-crowding, are
a reason for the country’s extradition requests failing.
Few would disagree that ratifying the UN Convention and following it up with a domestic law against torture will not only be in the national
interest but also have positive implications for the protection of human rights. Custodial violence continues to be prevalent in the country. The
recent example of a bus conductor being forced to confess to murdering a schoolchild is a pointer to the use of torture as an investigative tool among
policemen. The Prevention of Torture Bill was passed by the Lok Sabha in 2010 to address the problem, but it lapsed after it was referred to a Select
Committee in the Rajya Sabha. The Law Commission, to which the question was referred in July this year, produced a report within three months. It
also submitted a draft Bill for the government’s consideration. The government should accept the recommendations without delay as it not only
provides a penal framework for punishing public servants who inflict torture, but also lays down that just compensation be paid to victims.