Saturday, March 20, 2010

rec.arts.movies.local.indian - 12 new messages in 5 topics - digest

rec.arts.movies.local.indian
http://groups.google.com/group/rec.arts.movies.local.indian?hl=en

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Today's topics:

* Dr Jai Maharaj is a sad Monkey - 3 messages, 3 authors
http://groups.google.com/group/rec.arts.movies.local.indian/t/e19d9793a12a546d?hl=en
* Some Ture Facts about the French (Frogs). - 1 messages, 1 author
http://groups.google.com/group/rec.arts.movies.local.indian/t/dcfc2e198d269895?hl=en
* Honest questions about Islam- can you answer? - 6 messages, 5 authors
http://groups.google.com/group/rec.arts.movies.local.indian/t/0538da13757e7be7?hl=en
* New movie stuff - 1 messages, 1 author
http://groups.google.com/group/rec.arts.movies.local.indian/t/a876ed560c81ea6f?hl=en
* Dr Jai Maharaj is a sad Monkey - 1 messages, 1 author
http://groups.google.com/group/rec.arts.movies.local.indian/t/54e137b93f3610de?hl=en

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TOPIC: Dr Jai Maharaj is a sad Monkey
http://groups.google.com/group/rec.arts.movies.local.indian/t/e19d9793a12a546d?hl=en
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== 1 of 3 ==
Date: Thurs, Mar 18 2010 11:53 pm
From: bademiyansubhanallah


Debt bondage
From Wikipedia, the free encyclopedia
(Redirected from Bonded labor)

This article has multiple issues. Please help improve the article or
discuss these issues on the talk page.

Its neutrality is disputed. Tagged since August 2009.
It may contain original research or unverifiable claims. Tagged since
August 2008.

This box: view • talk • edit

Debt bondage (or bonded labor) is an arrangement whereby a person is
forced to pay off a loan with direct labor in place of currency, over
an agreed or obscure period of time. When a debtor is tricked or
trapped into working for very little or no pay, or when the value of
their work is significantly greater than the original sum of money
borrowed, some consider the arrangement to be a form of unfree labour
or debt slavery. It is similar to peonage, indenture or the truck
system.

Legal Definition

Debt bondage is classically defined as a situation when a person
provides a loan to another and uses his or her labor or services to
repay the debt; when the value of the work, as reasonably assessed, is
not applied towards the liquidation of the debt, the situation becomes
one of debt bondage. See United Nations 1956 Supplementary Convention
on the Abolition of Slavery.

[edit] Historical background to bonded labor
Prior to the early modern age, feudal and serfdom systems were the
predominant political and economic systems in Europe. These systems
were based on the holding of all land in fief or fee, and the
resulting relation of lord to vassal, and was characterized by homage,
legal and military service of tenants, and forfeiture.[citation
needed]

A modernization of the feudal system was "peonage", where debtors were
bound in servitude to their creditors until their debts were paid.
Although peons are only obliged to a creditor monetarily.[citation
needed]

Historical peonage

Peonage is a system where laborers are bound in servitude until their
debts are paid in full. Those bound by such a system are known, in the
US, as peons.[citation needed] Employers may extend credit to laborers
to buy from employer-owned stores at inflated prices.[original
research?] This method is a variation of the truck system (or company
store system), in which workers are exploited by agreeing to work for
an insufficient[original research?] amount of goods and/or services.
In these circumstances, peonage is a form of unfree labor. Such
systems have existed in many places at many times throughout history.

Historical examples

The American South - Such a system was often used in the southern
United States after the American Civil War where African-American and
poor white farmers, known as sharecroppers, were often extended credit
to purchase seed and supplies from the owner of the land they farmed
and pay the owner in a share of the crop.
In Peru a peonage system existed from the 1500s until land reform in
the 1950s. One estate in Peru that existed from the late 1500s until
it ended had up to 1,700 peons employed and had a jail. Peons were
expected to work a minimum of three days a week for their landlord and
more if necessary to complete assigned work. Workers were paid a
symbolic 2 cents per year. Workers were unable to travel outside of
their assigned lands without permission and were not allowed to
organize any independent community activity.
Thousands of such laborers were sold into slavery during the West
African slave trade and ended their lives working as slaves on the
plantations in the New World. For this reason, section 2 of the Slave
Trade Act 1843 enacted by the British Parliament declared "persons
holden in servitude as pledges for debt" to "be slaves or persons
intended to be dealt with as slaves" for the purpose of the Slave
Trade Act 1824 and the Slavery Abolition Act 1833.

It continued to be very common in Africa and China, but was suppressed
by the authorities after the establishment of the People's Republic of
China.[citation needed]. It persists in rural areas of India, Pakistan
and Nepal.[citation needed]

In Niger, where the practice of slavery was outlawed in 2003, a study
found that almost 8% of the population are still slaves.[1] Descent-
based slavery, where generations of the same family are born into
bondage, is traditionally practised by at least four of Niger's eight
ethnic groups. The slave masters are mostly from the nomadic tribes —
the Tuareg, Fulani, Toubou and Arabs.[2]

According to some claims, 40 million people in India, most of them
Dalits, are bonded workers, many working to pay off debts that were
incurred generations ago. Rise of Dalit politicians in India, and
their overwhelming support by non-Dalits, as well as Government
commitment to overall improve education, communication and living
standards in India has resulted in rapid decline of bonded labor in
India. Penalties for those indulging in employing bonded labor are
severe and Human Rights Groups are very active in curbing these
practices. Television media and increased penetration of cheap
satellite television has spread awareness to the most remote areas and
made people aware of the rights, hence the evidence of forced labor in
India is rapidly declining.

These claimed figures are comparable to ones in Bolivia, Brazil, Peru
and Philippines.

There are no universally accepted figures for the number of bonded
child labourers in India. Again, Government's commitment to universal
education and poverty eradication programmes have resulted in
significant decrease in number of bonded labors. In the traditional
industries of high quality hand-woven fabrics and handicrafts,
increased awareness by international buyers and stringent checks put
in place by multinational corporations on their suppliers has resulted
in suppliers and manufacturers to replace bonded child labor by
instead offering educational facilities to children of their employees
and workers. International Tourists to places like Rajasthan also play
their part and have at many times reported instances of child labor to
authorities who swiftly act to curb any child labor. In contrast, of
20 million bonded labourers in Pakistan 7.5 million are children.

Modern views

See also: Human trafficking http://en.wikipedia.org/wiki/Human_trafficking

http://en.wikipedia.org/wiki/Anti-Slavery_International

According to Anti-Slavery International, "A person enters debt bondage
when their labor is demanded as a means of repayment of a loan, or of
money given in advance. Usually, people are tricked or trapped into
working for no pay or very little pay (in return for such a loan), in
conditions which violate their human rights. Invariably, the value of
the work done by a bonded laborer is greater that the original sum of
money borrowed or advanced."[citation needed]

Some see the term as also applying to inhabitants of countries who
must work to repay extensive national debt, but which incurrance of
debt they did not agree to, and (arguably) have not benefited from.[3]

According to the Anti-Slavery Society:

Pawnage or pawn slavery is a form of servitude akin to bonded labor
under which the debtor provides another human being as security or
collateral for the debt. Until the debt (including interest on it) is
paid off, the creditor has the use of the labor of the pawn.[4]

At international law

Debt bondage has been defined by the United Nations as a form of
"modern day slavery" [5] and is prohibited by international law. It is
specifically dealt with by article 1(a) of the United Nations 1956
Supplementary Convention on the Abolition of Slavery. It persists
nonetheless especially in developing nations, which have few
mechanisms for credit security or bankruptcy, and where fewer people
hold formal title to land or possessions. According to some
economists, for example Hernando de Soto, this is a major barrier to
development in those countries - entrepreneurs do not dare take risks
and cannot get credit because they hold no collateral and may burden
families for generations to come.[citation needed]

Where children are forced to work because of debt bondage of the
family, this is considered not only child labor, but one of the worst
forms of child labor in terms of the Worst Forms of Child Labour
Convention, 1999 of the International Labour Organization.[citation
needed]

Despite the UN prohibition, Anti-Slavery International estimates that
"between 10 and 20 million people are being subjected to debt bondage
today."[citation needed] Other estimates place the number as high as
40 million. Researcher Siddharth Kara has calculated the number of
slaves in the world by type, and determined the number of debt bondage
slaves to be 18.1 million at the end of 2006. [6] He has updated this
number for the end of 2009 to be 18.4 million, the increase primarily
as a result of the 2007 global commodity bubble, followed by the
global economic crisis of 2008 and 2009.
http://en.wikipedia.org/wiki/International_law

http://en.wikipedia.org/wiki/Hernando_de_Soto_(economist)

http://en.wikipedia.org/wiki/Entrepreneurs

http://en.wikipedia.org/wiki/Child_labor

http://en.wikipedia.org/wiki/Worst_Forms_of_Child_Labour_Convention,_1999

http://en.wikipedia.org/wiki/International_Labour_Organization

Modern examples

Prostitution - News media in western Europe regularly carry reports
about one particular kind of debt bondage: women from Eastern Europe
who are forced to work in prostitution as a way to pay off the "debt"
they acquired when they were illegally smuggled to destinations in
Western Europe. This form of debt bondage also takes place in other
parts of the world, such as women moving from Southeast Asia or Latin
America.[citation needed]
http://en.wikipedia.org/wiki/Prostitution

http://en.wikipedia.org/wiki/Southeast_Asia

http://en.wikipedia.org/wiki/Latin_America

Marxist analysis

According to Marxist economists, debt bondage is characteristic of
feudal economies, where families are considered the responsible unit
for financial relationships, and where heirs continue to owe parents'
debts upon their deaths. Fully capitalist economies are characterized
by the individual taking all responsibility, and such mechanisms as
bankruptcy and inheritance taxes reducing creditors' rights (while
increasing the power of the state). Heirs are freed from the creditor,
but at the cost of a drastically increased power accruing to the state
itself.

Debt bondage is often a form of disguised slavery in which the subject
is not legally owned, but is instead bound by a contract to perform
labor to work off a debt, under terms that make it impossible to
completely retire the debt and thereby escape from the contract.
[citation needed]
http://en.wikipedia.org/wiki/Marxist_economists

http://en.wikipedia.org/wiki/Feudal

http://en.wikipedia.org/wiki/Bankruptcy

http://en.wikipedia.org/wiki/Inheritance_taxes

http://en.wikipedia.org/wiki/Slavery

http://en.wikipedia.org/wiki/Contract

http://en.wikipedia.org/wiki/Debt

See also

Bonded Labour Liberation Front, India
http://en.wikipedia.org/wiki/Bonded_Labour_Liberation_Front
Bondage in Pakistan
http://en.wikipedia.org/wiki/Bondage_in_Pakistan
Debtor's prison
http://en.wikipedia.org/wiki/Debtor%27s_prison
Karl Marx
http://en.wikipedia.org/wiki/Karl_Marx
Peon
http://en.wikipedia.org/wiki/Peon
The State of Bonded Labor in Pakistan
http://en.wikipedia.org/wiki/The_State_of_Bonded_Labor_in_Pakistan
Worst Forms of Child Labour Convention
http://en.wikipedia.org/wiki/Worst_Forms_of_Child_Labour_Conventionhttp:
References

This article includes a list of references, related reading or
external links, but its sources remain unclear because it lacks inline
citations. Please improve this article by introducing more precise
citations where appropriate. (September 2009)

^ [1] http://news.bbc.co.uk/2/hi/programmes/from_our_own_correspondent/4250709.stm
^ [2] http://www.smithsonianmag.com/people-places/10013271.html?page=3
^ Debt Bondage Or Self-Reliance, GATT-Fly
^ [3] http://anti-slaverysociety.addr.com/pawnage.htm
^ The Bondage of Debt: A Photo Essay, by Shilpi Gupta
http://journalism.berkeley.edu/projects/asiaproject/Gupta.html
^ Kara, Siddharth (January 2009). Sex Trafficking - Inside the
Business of Modern Slavery. Columbia University Press. ISBN
978-0231139601.

External links

Photo-story on modern-day slavery (debt-bondage) in Brazil by
photographer Eduardo Martino
http://www.eduardomartino.com/pages/slavery_brazil.html
Human Rights Watch report on Thai women tricked into debt bondage in
Japan
http://www.hrw.org/legacy/reports/2000/japan/6-sec-6-7-8.htm
1996 Human Rights Watch report on bonded child labor in India
http://www.ilo.org/sapfl/lang--en/index.htm

http://anti-slaverysociety.addr.com/bclab.htm

http://clpmag.org/article.php?article=Twenty-First-Century-Slavery_146

http://www.hrw.org/legacy/reports/1996/India3.htm

Anti-Slavery International
Common Language Project article on bonded labor in Pakistan

Bonded child labor
The ILO Special Action Programme to combat Forced Labour (SAP-FL)

http://en.wikipedia.org/wiki/Bonded_labor

THE SMALL HANDS OF SLAVERY
Bonded Child Labor In India
Human Rights Watch Children's Rights Project
Human Rights Watch/Asia
Human Rights Watch

Copyright © September 1996 by Human Rights Watch.
All rights reserved.
rinted in the United States of America.
ISBN 1-56432-172-X
Library of Congress Catalog Card Number 96-77536

This is the half report. (The last part)
The first part would follow in the next post...

Another writer, a human rights lawyer with extensive experience
working with bonded laborers, put it more bluntly. "A bonded labourer
who becomes free without the means to survive," he wrote, "becomes
free to die."30

As of 1996, a bonded laborer identified and released by the state is
entitled to a rehabilitation allowance of 6,250 rupees. The 1994-1995
annual report of the Indian government's Ministry of Labour reported
that in August 1994, state and central government labor officials
agreed to raise the rehabilitation allowance to 10,000 rupees.31
Nonetheless, as of July 1996, this raise had not been effectuated.

The failure of state governments to comply with their legal
obligations under the Bonded Labour System (Abolition) Act-
particularly the formation and adequate functioning of the district-
level vigilance committees-is one of the primary reasons behind the
low enforcement rate of the law and the continuing high prevalence of
bonded labor. (Indeed, by some accounts, bonded labor is actually
increasing during the 1990s.32) Another contributing factor, mentioned
previously in the context of child labor policy, is the failure of the
government to gather and maintain accurate or even plausible
statistics.

The statistics problem is as acute in the bonded labor context as it
is in the child labor context. According to credible estimates, the
number of bonded laborers in India is approximately sixty-five
million, representing slightly more than 7 percent of the country's
total population.33 Certain individual states alone are estimated to
have bonded labor populations of one to two million people; a report
from Tamil Nadu, based on extensive research conducted at the
direction ofthe Supreme Court, concluded that there were "well over 10
lakhs" (one million) bonded laborers working in that state.34 Other
states known to have high rates of bondage include Andhra Pradesh,
Karnataka, Madhya Pradesh, Maharashtra, Gujarat, Rajasthan, Uttar
Pradesh, Haryana, and Bihar.

In contrast to the figures used by social scientists, the Indian
government's figures regarding bonded labor are unconvincingly low.
The central Ministry of Labour relies on the state Ministries of
Labour-which are charged with enforcing the Bonded Labour System
(Abolition) Act-to report the number of bonded laborers identified,
released, and rehabilitated. Based on information submitted by the
states, the central Ministry of Labour's 1994-1995 Annual Report
stated that the nationwide target for 1994-1995 was the rehabilitation
of 2,784 bonded laborers-a figure representing less than .005 percent
of all estimated bonded laborers. The figure for the total number of
bonded laborers identified, when viewed in contrast to the same
figures provided in 1989, illustrate the lack of implementation of the
Bonded Labour (Abolition) Act. In 1989, the total number of bonded
laborers identified was 242,532.35 By 1995, this number had risen to
251,424.36 These figures indicate that from 1988 to 1995, only 8,892
bonded laborers had been identified throughout the country, at a time
when nongovernmental sources were reporting that there were as many as
sixty-five million bonded laborers in India by 1994.37 Ironically, in
the paragraph following the presentation of statistics in the 1994-95
Annual Report, the report states that "[t]he [state] Governments are
attaching the highest priority to the total eradication of the bonded
labour system in the country."38

The central government's reliance on and acceptance of state
government statistics regarding bonded labor is misplaced and
irresponsible. The majority ofstate governments vastly underreport the
incidence of bonded labor within their borders. For instance, the
government of Tamil Nadu, where an independent commission recently
concluded that there existed more than one million bonded laborers,
stated in a sworn affidavit to the Supreme Court that "in Tamil Nadu,
only stray cases of bonded labour are noticed..."39 Twelve other state
governments made the same assertion to the court, which expressed its
disbelief by ordering independent investigations into the matter.40

In interviews with Human Rights Watch, top labor officials from the
states of Gujarat and Rajasthan, both states with high levels of debt
bondage, asserted that there was no bonded labor in their states. "I
frankly don't think it [bonded labor] exists in Rajasthan," said Ashok
Shekhar, Labour Commissioner for Rajasthan; one of his subordinates
added that, "there is no case of bonded labour in Rajasthan."41 When
asked about the reports of widespread bondage from journalists and
activists, Commissioner Shekhar conceded, as noted, that there might
exist "technical bonded labour," whereby an advance is paid to secure
a worker's labor, but he insisted that this practice was "not really
bondage." He also said that activists who organize against bonded
labor practices in the stone quarries of Rajasthan are not acting on
behalf of the bonded laborers, but rather are hoping to be paid off by
the owners in order to stay quiet. Ashok Bhasin, the Deputy Labour
Commissioner for the neighboring state of Gujarat, concurred
withCommissioner Shekhar's statements. As for his own state, he
asserted that "bonded labour does not exist in Gujarat... neither
among women, men, or children."42

Dr. Manoj Dayal, a professor at the University of Allahabad described
how the government of Bihar "abolished" bonded labor:

As soon as the issue of abolishing bonded labour was raised in Bihar,
the State Government outrightly persisted that there was no system of
bonded labour prevailing in the State; that what exists in the State
is a system of attached labour and that the labourers are assured of
remuneration, cultivable and homestead land, clothing, interest-free
loans and so on. The Bihar Government thus abolished bonded labour by
redefining it and by terming it as "attached labour system."43

Given this willful denial of one of the country's most pressing social
ills, it is not surprising that government officials' efforts on
behalf of bonded laborers have remained meager at best. The failure to
address the issue is doubly egregious in the case of bonded child
laborers, who, without intervention, will be doomed to pass their
entire lives in a state of virtual slavery.

FAILURE OF THE INDIAN GOVERNMENT TO ENFORCE THE LAW

An analysis of data indicating the number of prosecutions launched
under [the Child Labour] Act and convictions obtained would clearly
indicate that this act ... has achieved very little.44

The government's failure to enforce the Child Labour (Prohibition and
Regulation) Act and the government's failure to enforce the Bonded
Labour System (Abolition) Act-not to mention the failure to enforce
the several other laws protecting child workers-are twin
manifestations of the same set ofphenomena. These phenomena include
apathy, caste and class bias, obstruction of enforcement efforts,
corruption, low prioritization of the problem, and disregard for the
deep and widespread suffering of bonded child laborers.

Enforcement Statistics

A glaring sign of neglect of their duties by officials charged with
enforcing child labor laws is the failure to collect, maintain, and
disseminate accurate statistics regarding enforcement efforts. Human
Rights Watch met with a top official of the Ministry of Labour, but he
was unable to provide any statistics regarding enforcement of the
Child Labour (Prohibition and Regulation) Act or other legislation
protecting the rights of child workers.45 We attempted to meet with S.
S. Sharma, the Director General of Labour Welfare and, as such, the
official entrusted with enforcement of the Bonded Labour System
(Abolition) Act. Director-General Sharma refused to grant an interview
to Human Rights Watch while we were in New Delhi, suggesting instead
that we fax him a set of questions, which we did. Unfortunately, we
received no response.46 The enforcement statistics that follow have
been gleaned from a variety of sources, including public government
documents, news reports, and interviews with government officials.

Child Labour (Prohibition and Regulation) Act

At the national level, from 1990 to 1993, 537 inspections were carried
out under the Child Labour (Prohibition and Regulation) Act. These
inspections turnedup 1,203 violations. Inexplicably, only seven
prosecutions were launched.47 At the state level, the years 1990 to
1993 produced 60,717 inspections in which 5,060 violations of the act
were detected; 772 of these 5,060 violations resulted in convictions.
48

At the state level during the 1993 to 1994 year, the latest period for
which data are available, 1,596 cases were filed against employers.49
The number of convictions is unknown; many of these cases may still be
pending.

When convictions are obtained under the Child Labour (Prohibition and
Regulation) Act, the fines are light. The vast majority of adjudicated
offenders receive fines of five dollars or less-just a few hundred
rupees, as opposed to the 10,000 to 20,000 fine stipulated by the act
itself.50 To the knowledge of Human Rights Watch, not a single case
brought under the act has resulted in imprisonment, to date, although
the act allows for sentences of three months to a year for first-time
offenders and six months to two years for repeat offenders.51

Some information is available from various states of India regarding
enforcement of the Child Labour (Prohibition and Regulation) Act. In
Tamil Nadu, the act was not enforced until 1994-eight years after its
passage-when a casewas filed in North Arcot district.52 In the two
years since then, according to a senior state official, there have
been fifteen or sixteen convictions under the Child Labour
(Prohibition and Regulation) Act, and another fifty cases or so are
pending.53 To date, no one has been imprisoned in Tamil Nadu for
violation of either the Child Labour (Prohibition and Regulation) Act
or the Bonded Labour System (Abolition) Act. According to activists in
the state, on the rare occasions when prosecutions of Child Labour
(Prohibition and Regulation) Act offenders are mounted by the state,
some judicial magistrates are quick to dismiss the charges, ostensibly
for lack of evidence, but in fact because of corruption or sympathy
with the defendant employers.54

In the Firozabad district of Uttar Pradesh, more than 50,000 children
are estimated to be working in glass factories in violation of the
Factories Act and the Child Labour (Prohibition and Regulation) Act.55
Nonetheless, in 1995 there were only two convictions for child labor
law violations in Firozabad, and the assistant labour commissioner,
Mr. B. K. Singh, told a journalist that "[t]here is no child labour in
the district now."56 According to the Secretary General of the
National Human Rights Commission, the enforcement problem, in
Firozabad and elsewhere, is "just a matter of people not doing their
work."57

Bonded Labour System (Abolition) Act

Official statistics reflecting enforcement of the Bonded Labour System
(Abolition) Act are equally difficult to obtain. Statistics regarding
application of the Bonded Labour System (Abolition) Act to children
are nonexistent. Indeed, at least some government officials
interviewed by Human Rights Watch appeared to be laboring under the
conviction that the Bonded Labour System (Abolition) Act does not
apply to children, an interpretation that has no basis in the law
itself nor in Supreme Court cases interpreting the law.

As of March 1993, the latest date for which official figures are
available, state governments had reported the identification and
release of a total of 251,424 bonded laborers. This number indicates
all bonded laborers identified and released since the Bonded Labour
System (Abolition) Act was passed in 1976.58 Of this number, 227,404
were reported to have been rehabilitated.59 If this number includes
any rehabilitated bonded child laborers, that fact has not been
reported.

State governments' statistics grossly under-report the current
incidence of bonded labor. As mentioned, the Supreme Court has been
examining the incidence of bonded labor in thirteen states.60 These
thirteen states, chosen by the court for investigation because of
their reputation for high rates of debt bondage, all claimed in
affidavits to the court that there was little or no bonded labor
within their jurisdictions.61 The court, skeptical of these claims,
appointed teams of investigators to study the issue in each state.62

When districts and states do report on statistics regarding the
identification and rehabilitation of bonded laborers, these numbers
are frequently unreliable. The team investigating bonded labor in
Tamil Nadu, for example, found that"[s]tatutory registers relating to
bonded labour were not maintained in many districts."63 Simple neglect
or lack of resources is not the only or even the primary reason for
lack of accurate statistics. According to the investigative team,
"Details provided by the state government and the district
administration do not tally in most districts and even appear
fabricated."64

This can be seen in states' statistics on bonded labor which are
submitted to the central government. For example, there are at least
three examples from 1988 to 1995 where states have reported that the
number of bonded laborers that have been rehabilitated are greater
than the number of bonded laborers that have been identified. In 1988,
the state of Tamil Nadu reported that 34,640 bonded laborers had been
rehabilitated, but they also reported that 33,581 bonded laborers had
been identified, meaning that the state claimed it had rehabilitated
1,059 more people than it had ever identified as bonded laborers.65 In
the 1989-90 report to the Ministry of Labour, the state of Orissa
reported that 51,751 bonded laborers had been rehabilitated, but only
48,657 had been identified.66 The state of Tamil Nadu reported in the
1994-95 Ministry of Labour Annual Report that 39,054 bonded laborers
had been rehabilitated, but they had identified 38,886.67 In total,
these three examples indicate that 4,321 more people were
rehabilitated than were identified as bonded laborers.

These statistics are disturbing for two reasons. The first is that
these statistics are cumulative totals, meaning that every year, new
cases are added to the cases from previous years, dating back to 1976,
when the Bonded Labour System (Abolition) Act became law, so that the
yearly statistics represent the total number of bonded laborers that
have ever been identified, released, and rehabilitated. The second
factor that makes the statistics suspect is that before bonded
laborers can be eligible for rehabilitation, they must be identified
as bonded laborers. Because ofthis methodology, the cumulative totals
for rehabilitation can never be more than the cumulative totals for
identification and when this occurs, such as the previous three cases,
it indicates a serious flaw in reporting. This may be due to several
factors: state governments may be arbitrarily determining bonded labor
statistics, or the inaccuracies may be due to simple error, or people
who were not bonded laborers are being rehabilitated as bonded
laborers. In one example of the latter, a survey of 180 bonded
laborers who had been officially rehabilitated by the Bihar government
found that 120 had never been bonded.68

Another indication that the law is not being enforced is the fact much
of the money allocated for the rehabilitation of bonded laborers is
unspent and reabsorbed by the government. Funding for rehabilitation
is allocated through a fifty-fifty matching grant in which the states
undertake rehabilitation and the central government matches their
expenditures.69 It is administered through several schemes under the
Integrated Rural Development Program (IRDP) and Jawahar Rozgar Yojana
(JRY). Records of expenditures for these programs show that in
1989-90, only 76.16 percent of the funds were utilized. In 1990-91,
78.41 percent of funds were utilized. And in 1991-92, only 47.83
percent of funds available were utilized for rehabilitating bonded
laborers.70 On March 14, 1996, the Parliamentary Committee on Labour
and Welfare reported that only 38.39 percent of the funds available
for the rehabilitation of bonded laborers had been utilized. The
reason given was that "the state governments failed to submit
certificates in regard to the expenditure incurred by them. Because of
this lapse, the Central government did not release funds to them."71
The failure to report expenditures indicates a failure to enforce the
law.

A Supreme Court lawyer closely connected to bonded labor litigation
corroborated the unreliable nature of the district collectors'
reports, saying there is "no mechanism to ascertain [the collectors']
veracity."72 According to thisadvocate and others familiar with the
issue, corruption in application of the Bonded Labour System
(Abolition) Act and dispersal of act-related rehabilitation funds is
common. "A collector may receive 100,000 rupees for rehabilitation
efforts but disperse only 10,000 of it. Embezzlement is difficult to
track, but we all know it happens. For example, a bonded labourer
comes in, puts his thumb print on the document saying he will receive
6,250 rupees, but receives only 3,000 rupees."73

Corruption and neglect are not the only reasons for bad statistics
regarding bonded labor. Another is passivity on the part of enforcing
officials, who too often take no affirmative steps to discover and
root out debt bondage in their districts. Whether this is due to
simple apathy or to a misunderstanding on their part of their official
duties, the effect is disastrous for bonded laborers, who are left in
their state of enslavement indefinitely. In Tamil Nadu, for example,
the investigators found that "most District Collectors... had one
basis to assume that bonded labour does not exist-No one is coming
forward [to report that they are in bondage]."74

Human Rights Watch was unable to obtain any statistics on prosecution
under the Bonded Labour System (Abolition) Act after 1988.75 Up to
1988, there were 7,000 prosecutions under the Bonded Labour
(Abolition) Act throughout India, of which 700 resulted in convictions.
76 It is certain that prosecution under the act is rare. In Tamil
Nadu, the first prosecutions under the twenty-year-old act occurred in
1995, when eight beedi employers were arrested by the North Arcot
District Collector.77 The case, which drew headlines in the regional
press, was depicted as a bold "get tough" measure. The agents spent
one night in jail andwere fined 500 rupees each.78 The Bonded Labour
System (Abolition) Act allows for punishment of three years in prison
and a 2,000 rupee fine.

Obstacles to Enforcement

Apathy

The endemic apathy among government officials charged with enforcing
India's labor laws is apparent at all levels: national, state, and
district. While undoubtedly there are many committed men and women
among their ranks-including, for example, the district collector of
North Arcot in Tamil Nadu, whom Human Rights Watch interviewed-such
commitment is not the norm. From India's top labor officials all the
way down to the local level, where tehsildars (community leaders) use
their influence to support the status quo, Human Rights Watch and
other researchers have found a profound lack of concern for the plight
of bonded and child laborers.

There are many concrete examples of government neglect. The Child
Labour (Prohibition and Regulation) Act, signed into law in 1986,
requires each state to formulate rules for its implementation. Until
this is done, the law cannot be applied in those states. As of July
1996, a full ten years after the act's birth, the majority of states
have failed to formulate and implement these necessary rules.79 It is
a sign of the government's disregard of this issue that we are unable
to report the exact number of India's twenty-five states that have
made rules for the act's application. When we asked a very senior
official of the central Ministry of Labour-who spoke only on condition
of anonymity-how many states had made rules under the Child Labour
(Prohibition and Regulation) Act, he said "I don't know." He then
said, "Laws don't matter. Economics do," and went on to assert that,
until rural prosperity increases, nothing can be done about child
labor.

Clearly, states are receiving no pressure from the national government
to implement the Child Labour (Prohibition and Regulation) Act. Nor,
for the most part, are they themselves taking the initiative to push
for greater enforcement of child labor legislation. It is at the
district level that most enforcement efforts are coordinated and
carried out, and these efforts are managed and overseen by the
district magistrates. The district magistrates, or collectors as they
are also called, are civil servants appointed by the state ministers,
and are the top law enforcement and administrative authorities at the
district level. At a 1995 conference of district magistrates and
collectors in New Delhi, various district heads told a journalist that
child labor was "very low" on their list of priorities, ranking about
twenty-fifth (investment in high-tech industries was first).80

Regarding the Bonded Labour System (Abolition) Act, the government's
egregious neglect of the law is most evident in the nearly universal
failure of districts to form the requisite vigilance committees, much
less ensure that the committees function meaningfully. The vigilance
committees form the core of act enforcement-if implemented as
intended, these committees could contribute dramatically to the
eradication of bonded labor. For overburdened district collectors,
they would provide resources; for corrupt district collectors, they
would provide oversight; and for all district collectors, they would
provide essential liaison possibilities to the bonded laborer
population, whose interests are usually at odds with the interest and
sympathies of their local leaders.81

Nonetheless, notwithstanding the act's unambiguous requirement that
vigilance committees be formed and active, as well as numerous supreme
court rulings emphasizing the importance of the committees for act
enforcement, Human Rights Watch has learned of no functioning
vigilance committee anywhere in India.

Apathy, or at least a low prioritization of child and bonded labor
issues, is also evident in the slow pace at which complaints are
adjudicated-enforcement in the courts is very slow. One attorney told
us of a case he filed with the Supreme Court under the Bonded Labour
System (Abolition) Act in 1984. A fact finding committee was not
appointed until 1991 and, although arguments and submissionsbefore the
court concluded in 1994, as of 1996 no decision had yet been issued.82
The time table is not much better for the bonded labor case before the
Supreme Court, People's Union for Civil Liberties v. State of Tamil
Nadu, et al., which was filed in 1985 and as of 1996 was under
consideration by the court.

Delays in prosecuting cases under the Child Labour (Prohibition and
Regulation) Act are also not uncommon. One such case, filed in 1986
shortly after the act took effect, was reported to be still pending at
the prosecution stage eight years later, in 1994, with the accused
continuing to engage in prohibited practices. The delay in processing
the complaint, filed against an owner of a glass and bangles factory
in Firozabad, is all the more startling in view of the fact that the
complaint was filed by then-Labour Minister P. A. Sangma.83

Caste and Class Bias

A key element of enforcement is the attitude and the tendency toward a
subjective interpretation of the Bonded Labour System (Abolition) Act,
1976 by government officials, including district magistrates, police
officers, labor inspectors, and judges. Too often, because of their
own backgrounds and the climate in which they work, those officers
entrusted with enforcement are more sympathetic to the employers than
to the child or bonded laborers. This phenomenon has been noted
repeatedly in the context of enforcement of the Bonded Labour System
(Abolition) Act.

We had some time back a case before us where pursuant to a direction
given by the Collector as a result of an order made by this Court, the
Tehsildar went to the villages in question and sitting on a dais with
the landlords by his side, he started enquiring of the labourers
whether they were bonded or not and when the labourers, obviously
inhibited and terrified by the presence of the landlords, said that
they were not bonded but they were working freely and voluntarily, he
made a report to the Collector that there were no bonded labourers.84

In the rare instances where vigilance committees or similar bodies
have been formed, according to one researcher, they have been composed
of people who themselves, either directly or through their families,
employ bonded labor.85 District collectors and other civil servants
assigned to bonded labor enforcement are also more often than not
aligned with the property-holding-including the holding of bonded
laborers-class. One researcher told Human Rights Watch of working with
a team of three Indian Administrative Service officers, who had been
assigned by the Supreme Court to investigate a case of bonded labor
affecting between 2,500 and 3,000 people. The investigators were urban
middle-class men from land-owning families in the region; in private
conversations, they made it clear that they considered the use of
bonded labor to be an acceptable practice.86

Many bond masters are themselves government employees, including
teachers, railway workers, and civil administrators.87 Because of
their steady income, these people are more likely to own land-which
they need someone to cultivate-and are more likely to have money
available for lending purposes. They are also more likely to be local
leaders and to have ties to the local and district administration,
both factors which tend to inhibit prosecution.

Despite the obvious limitations of relying on high-caste and local
landowning officials to attack bonded labor, outreach by the
government to affected populations and collaboration with grass-roots
social actions groups have not yet been implemented to any significant
degree.

Obstruction

It is not uncommon for those accused of violating labor laws to engage
in overt obstruction of the legal process. This ranges from
intimidation of thecomplaining workers, to bribery of government
officials, to physical threats and violence against the bonded
laborers and their advocates.88

Those who file suit against employers of bonded labor are frequently
harassed, according to a New Delhi lawyer who has been engaged in
bonded labor cases for more than a decade.89

The danger is greatest to those who work in rural areas, where bondage
is often the norm and is employed by powerful and ruthless owners.
According to another attorney closely related to bonded labor
litigation, the advocates and especially the workers who complain
about their status are "risking their lives... they are putting their
lives on the line, and the state officials have turned a callous eye
to it."90

Government officials may do more than just turn a "callous eye" toward
violence against the bonded laborers and their advocates. Several
activists told Human Rights Watch of police collusion with local
employers, including returning escaped workers to the employers and
intimidating, through force or threat of force, workers who are
attempting to organize for improved conditions.91

Corruption

As noted in previous chapters, corruption among government officials
charged with enforcement of labor laws is notorious and widespread.
Labor inspectors, medical officers, local tehsildars (representatives
of the district magistrates at the local level), and judges and
judicial magistrates are all known to be susceptible to bribery.

Lack of Accountability

Under the Bonded Labour System (Abolition) Act, district magistrates
are supposed to report to the state government periodically regarding
the number of cases of bonded laborers identified, released, and
rehabilitated. Most districtmagistrates either do not make these
reports at all, or make them sporadically. Furthermore, no mechanism
is in place whereby the accuracy of the district-level reports can be
ascertained, including such important issues as how many of the
identified workers have actually been released, and whether any
released workers have relapsed into bondage. Often, the district
magistrates will simply report that identified bonded laborers, or
formerly released bonded laborers, are "unavailable for
rehabilitation." That is to say, that their whereabouts are unknown.
Hence the central government's figures for 1994-1995, which state
that, of 251,424 bonded labourers identified between 1976 and 1995,
17,127 are "not available for rehabilitation."92

The rate of return into bondage by previously released bonded laborers
is neither studied nor recorded by the government; the effectiveness
of the rehabilitation scheme is therefore unknown. Various
nongovernmental sources believe the relapse rate to be very high.93
Part of the reason for return may be the long delays between
identification of bonded laborers and dispersal of rehabilitation
monies to them.94 Another factor may be the reportedly widespread
corruption among enforcing officials, who are accused of siphoning off
funds earmarked for rehabilitation purposes.

Lack of Adequate Enforcement Staff

Yet another obstacle to enforcement is the failure to devote
sufficient resources to the issue of bonded child labor. This failure
includes inadequate training of labor inspectors, an insufficient
number of inspectors,95 and anoverburdening of the district
magistrates.96 At both the state and the district level, the number of
personnel devoted to enforcement of child and bonded labor laws is
blatantly inadequate. In Tamil Nadu, for example, "there is only one
Assistant Section Officer dealing with the bonded labour issue for the
whole State... [and he] also holds other responsibilities.97

VII. CONCLUSION: COMBATING BONDED CHILD LABOR

The eradication of bonded child labor in India depends on the Indian
government's commitment to two imperatives: enforcement of the Bonded
Labour System (Abolition) Act, and the creation of meaningful
alternatives for already-bonded child laborers and those at risk of
joining their ranks.

In addition to genuine government action, it is essential that
nongovernmental organizations be encouraged by the government to
collaborate in this effort. The government has the resources and
authority to implement the law, while community-based organizations
have the grass-roots contacts and trust necessary to facilitate this
implementation. Furthermore, nongovernmental groups can act as a
watchdog on government programs, keeping vigil for corruption, waste,
and apathy. The elimination of current debt bondage and the prevention
of new or renewed bondage therefore requires a combination of
concerted government action and extensive community involvement.
Neither standing alone is sufficient. Bonded labor is a vast,
pernicious, and long-standing social ill, and the tenacity of the
bonded labor system must be attacked with similar tenacity; anything
less than total commitment is certain to fail.

ENFORCEMENT OF THE BONDED LABOUR SYSTEM

(ABOLITION) ACT

The Bonded Labour System (Abolition) Act was passed into law in 1976.
Twenty years later, Human Rights Watch has found that the goals of
this law-to punish employers of bonded labor and to identify, release,
and rehabilitate bonded laborers-have not been met, and efforts to do
so are sporadic and weak at best. The bonded labor system continues to
thrive.

The district-level vigilance committees, mandated by the Bonded Labour
System (Abolition) Act and constituting the key tool of act
enforcement, have not been formed in most districts. Those that have
formed tend to lie dormant, or, worse yet, are comprised of members
unsympathetic to the plight of bonded laborers, in direct
contravention of Supreme Court orders interpreting the act.

Without effective vigilance committees to assist, guide, and oversee
their efforts, district collectors are left alone in their efforts to
enforce the law. Collectors interested in enforcement are limited in
these efforts by competing administrative and prosecutorial duties;
without vigilance committees to share the work, meaningful enforcement
of the Bonded Labour System (Abolition) Act is difficult. Other
collectors are not interested in enforcing the act; for them, the lack
of a good vigilance committee means there is no pressure to do so.

Whether for lack of will or lack of support, India's district
collectors have failed utterly to enforce the provisions of the Bonded
Labour System (Abolition)Act. If collected statistics regarding
prosecutions under the act after 1988 exist, Human Rights Watch was
unable to obtain them. The only attempted prosecutions we learned of
occurred in Tamil Nadu in 1995, when eight employers of bonded child
labor were arrested, kept in jail over night, and fined a nominal
amount. The state of Tamil Nadu has an estimated one million bonded
laborers; according to the North Arcot District Collector, these were
the first charges ever brought under the act in Tamil Nadu.

In addition to prosecuting violators, district collectors are directed
by the act to identify, release, and rehabilitate bonded laborers.
India has an estimated fifteen million bonded child laborers alone.
The Indian government's Ministry of Labour, however, estimated in 1995
that there were just 2,784 bonded laborers of all ages identified and
awaiting rehabilitation. It made no mention of any bonded laborers yet
to be identified. Non-enforcement of the law is virtually guaranteed,
of course, so long as the government engages in a willful denial
regarding the existence and pervasiveness of bonded labor.

The mandated rehabilitation of released workers is essential. Without
adequate rehabilitation, those who are released will quickly fall
again into bondage. This has been established repeatedly, among both
adult and child bonded laborers. Nonetheless, the central and state
governments have jointly failed to implement required rehabilitation
procedures. Rehabilitation allowances are distributed late, or are not
distributed at all, or are paid out at half the proper rate, with
corrupt officials pocketing the difference. One government-appointed
commission found that court orders mandating the rehabilitation of
bonded laborers were routinely ignored.98

Finally, the Bonded Labour System (Abolition) Act directs vigilance
committees and district collectors to institute savings and credit
programs at the community level, so that the impoverished might have
access to a small loan during financial emergencies. This resource is
crucial. Just as enforcement of the law against employers would work
to terminate the demand for bonded labor, so would available credit
work to end the supply. Nearly every child interviewed by Human Rights
Watch told the same story: they were sold to their employers because
their parents were desperate for money and had no other way to get it.
For some, it was the illness or death of a parent, for others, the
marriage of a sister, and for others still, the need to buy food or
put a roof over their heads. In most cases, the amount of the debt
incurred was very small.

A community-based savings and credit program has been introduced in
North Arcot district, and early indications are that it will strike a
significant blow against bonded child labor. The program was launched
by the district collector for North Arcot, who claimed that sufficient
funds and personnel were available from existing rural development
programs. Similar initiatives should be instituted in all areas where
bonded child labor is prevalent.

CREATING ALTERNATIVES TO BONDED CHILD LABOR

Bonded child labor must be attacked from many fronts. Enforcement of
the law is essential, but it is not enough. The bonded child laborer
must have someplace else to go. The child's parents must have other
options available. The community must support the end of debt bondage
for children. In sum, the attack must be holistic-it must work to
change the system of debt bondage. Elements already in use by
community activists and some government officials include: education,
including vocational training and popular education, and rural
development.

The availability of free, compulsory, and quality education is widely
regarded as the single most important factor in the fight against
bonded and non-bonded child labor. The correlation between illiteracy
and bonded labor is strong, with researchers reporting that literacy
rates among bonded child laborers are as low as 5 percent.99 The
majority of children interviewed by Human Rights Watch had been
schooled for three years or less, and many said they could not read or
write.

Article 45 of the Indian Constitution commits the state to
"endeavor[ing] to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education
for all children until they complete the age of fourteen years." The
constitution came into force in 1950. Recognizing the central
importance of education, India's leading non-governmental
organizations have called for the implementation of universal, free,
and compulsory education. Among them are: the Child Labour Action
Network (CLAN), the Campaign Against Child Labour (CACL), the Centre
for Rural Education and Development Action (CREDA), and the Bonded
Labour Liberation Front (BLLF). UNICEF-India and Anti-Slavery
International have likewise called on the Indian government to
implement education for all.

At the same time, alternate efforts to at least minimally educate
bonded children are already underway in a few areas. CREDA in the
carpet-belt, the MV Foundation in Andhra Pradesh, and the Indian
Council on Child Welfare (ICCW)in North Arcot, are all involved in non-
formal education initiatives. Some of these programs utilize modest
financial support to attract children, including small cash stipends
and periodic grain allowances. In addition to classic schooling,
children on the verge of adulthood may benefit from concrete skills
training as well.

CREDA and the MV Foundation also emphasize popular education for all
members of the community, in which community teachers stress the
importance of education for children and the deleterious effects of
exploitative child labor. Such outreach to the community as a whole is
necessary in order to chip away at the thick web of myths and
justifications that support the exploitation of child workers. These
myths contend that children must be trained at the "right" age or they
will never learn a skill; children must be trained in a profession
"appropriate" to their caste and background; children are well-suited
for certain kinds of work because of their "nimble fingers;" and child
labor is a natural and inevitable function of the family unit. These
views are widely shared by parents, educators, government officials,
and the public at large, with the result that talk of children's
rights in regard to labor is dismissed summarily. It is necessary to
change these views in order to change the system.

In sum, the fight against bonded child labor must be carried out on
two fronts: enforcement and prevention. Those employers who continue
to bind children to them with debt, paying just pennies for a
hazardous and grueling work day, must be prosecuted under the Bonded
Labour System (Abolition) Act. Employers or agents that physically
abuse, kidnap, unlawfully confine, threaten with violence, or expose
to dangerous conditions, within the context of the bonded labor
system, should be prosecuted for these crimes under the Indian Penal
Code and the Juvenile Justice Act, 1986. Children must be removed from
bondage and rehabilitated to avoid a subsequent return to bondage.
Finally, the educational and survival needs of all children at risk
must be addressed in order to stop the cycle of bondage.

APPENDICES

APPENDIX A: Selected Articles of the Indian Constitution

Article 21. Protection of life and personal liberty-No person shall be
deprived of his life or personal liberty except according to procedure
established by law.

Article 23. Prohibition of traffic in human beings and forced labour-
(1) Traffic in human beings and begar and other similar forms of
forced labour are prohibited and any contravention of this prohibition
shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service
the State shall not make any discrimination on grounds only of
religion, race, caste or class or any of them.

Article 24. Prohibition of employment of children in factories, etc.-
No child below the age of fourteen years shall be employed to work in
any factory or mine or engaged in any other hazardous employment.

Article 39. Certain principles of policy to be followed by the State-
The State shall, in particular, direct its policy towards securing-

(a) that the citizens, men and women equally, have the right to an
adequate means of livelihood;

(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;

(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;

(d) that there is equal pay for equal work for both men and women;

(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to their age or
strength;

(f) that children are given opportunities and facilities to develop in
a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment.

Article 39A. Equal Justice and free legal aid-The State shall secure
that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid,
by suitable legislation or schemes or in any other way, to ensure that
opportunities for securing justice are not denied to any citizen by
reason of economic or other disabilities.

Article 41. Right to work, to education and to public assistance in
certain cases-The State shall, within the limits of its economic
capacity and development, make effective provision for securing the
right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of
undeserved want.

Article 42. Provision for just and humane conditions of work and
maternity relief-The State shall make provision for securing just and
humane conditions of work and for maternity relief.

Article 43. Living wage, etc., for workers-The State shall endeavour
to secure, by suitable legislation or economic organisation or in any
other way, to all workers, agricultural, industrial or otherwise,
work, a living wage, conditions of work ensuring a decent standard of
life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote
cottage industries on an individual or cooperative basis in rural
areas.

Article 43A. Participation of workers in management of industries-The
State shall take steps, by suitable legislation or in any other way,
to secure the participation of workers in the management of
undertakings, establishments or other organizations engaged in any
industry.

Article 45. Provision for free and compulsory education for children-
The State shall endeavour to provide within a period of ten years from
the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen
years.

Article 46. Promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes and other weaker sections-The State
shall promote with special care the educational and economic interests
of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from
social injustice and all forms of exploitation.

APPENDIX B: The Bonded Labour System (Abolition) Act, 1976

(No. 19 of 1976)

[9th February, 1976]

An act to provide for the abolition of bonded labour system with a
view to preventing the economic and physical exploitation of the
weaker sections of the people and for matters connected therewith or
incidental thereto

Be it enacted by Parliament in the Twenty-seventh Year of the Republic
of India as follows:

CHAPTER I

Preliminary

1. Short title, extent and commencement.-(1) This act may be called
the Bonded Labour System (Abolition) Act, 1976.

(2) It extends to the whole of India.

(3) it shall be deemed to have come into force on the 25th day of
October, 1975.

2. Definitions.-(1) In This act, unless the context otherwise
requires,-

(a) "advance" means an advance, whether in cash or in kind, or partly
in cash or partly in kind, made by one person (hereinafter referred to
as the creditor) to another person (hereinafter referred to as the
debtor);

(b) "agreement" means an agreement (whether written or oral, or partly
written and partly oral) between a debtor and creditor, and includes
an agreement providing for forced labour, the existence of which is
presumed under any social custom prevailing in the concerned
locality;

Explanation.-The existence of an agreement between the debtor and
creditor is ordinarily presumed, under the social custom, in relation
to the following forms of forced labour, namely:

Adiyamar, Baramasi, Bethu, Bhagela, Cherumar, Garrugalu, Hali, Hari,
Harwai, Holya, Jolya, Jeeta, Kamiya, Khundit-Mundit, Kuthia, Lakhari,
Munjhi, Mat, Musish system, Nit-Majoor, Paleru, Padiyal, Pannaayilal,
Sagri, Sanji, Sanjawal, Sewak,, Sewakis, Seri, Vetti;

(c) "ascendant" or "descendant" in relation to a person belonging to
matriarchal society, means the person who corresponds to such
expression in accordance with the law of succession in such society;

(d) "bonded debt" means an advance obtained, or presumed to have been
obtained, by a bonded labourer, or in pursuance of, the bonded labour
system

(e) "bonded labour" means any labour or service rendered under the
bonded labour system;

(f) "bonded labourer" means a labourer who incurs, or has, or is
presumed to have, incurred, a bonded debt;

(g) "bonded labour system" means the system of forced, or partly
forced labour under which a debtor enters, or has, or is presumed to
have, entered, into an agreement with the creditor to the effect
that,-

(i) In consideration of an advance obtained by him or by any of his
lineal ascendants or descendants (whether or not such advance is
evidenced by any document) and in consideration of the interest, if
any, due on such advance, or

(ii) in pursuance of any customary or social obligation, or

(iii) in pursuance of an obligation devolving on him by succession,
or

(iv) for any economic consideration of the interest, if any, due on
such advance, or

(v) by reason of his birth in any particular caste or community, he
would-

(1) render, by himself or through any member of his family, or any
person dependent on him, labour or service to the creditor, or for the
benefit of the creditor, for a specified period or for an unspecified
period, either without wages or for nominal wages, or

(2) forfeit the freedom of employment or other means of livelihood for
a specified period or for an unspecified period, or

(3) forfeit the right to move freely throughout the territory of
India, or

(4) forfeit the right to appropriate or sell at market value any of
his property or product of his labour or the labour of a member of his
family or any person dependent on him

and includes the system of forced, or partly forced, labour under
which a surety for a debtor or has, or has, or is presumed to have,
entered, into an agreement with the creditor to the effect that in the
event of the failure of the debtor to repay the debt, he would render
the bonded labour on behalf of the debtor;

Explanation.- For the removal of doubts, it is hereby declared that
any system of forced, or partly forced labour under which any workman
being contract labour as defined in Cl. (b) of subsection (1) or Sec.
2 of the Contract Labour (Regulation and Abolition) Act, 1970 (37 of
1970), or an inter-State migrant workman as defined in Cl. (e) of sub-
section (1) of Sec. 2 of the Inter-State Migrant Workmen (Regulation
and of Employment and Conditions of Service) Act, 1979 (30 of 1979),
is required to render labour or service in circumstances of the nature
mentioned in sub-clause (1) of this clause or is subjected to all or
any of the disabilities referred to in sub-clauses (2) to (4), is
"bonded labour system" within the meaning of this clause.

(h) "family", in relation to a person, includes the ascendant and
descendant of such person;

(i) "nominal wages", in relation to any labour, means a wage which is
less than,-

(a) the minimum wages fixed by the Government, in relation to the same
or similar labour, under any law for the time being in force; and

(b) where no such minimum wage has been fixed in relation to any form
of labour, the wages that are normally paid, for the same or similar
labour to the labourers working in the same locality;

(j) "prescribed" means prescribed by rules made under this act.

3. Act to have overriding effect.-The provisions of this act shall
have effect notwithstanding anything inconsistent therewith contained
in any enactment other than this act, or in any instrument having
effect by virtue of any enactment other than this act.

CHAPTER II

Abolition of Bonded Labour System

4. Abolition of bonded labour system.-(1) On the commencement of this
act, the bonded labour system shall stand abolished and every bonded
labourer shall, on such commencement, stand freed and discharged from
any obligation to render any bonded labour.

(2) After the commencement of this act, no person shall-

(a) make any advance under, or in pursuance of the bonded labour
system, forced labour, or

(b) Compel any person to render any bonded labour or other form of
forced labour.

5. Agreement, custom, etc. to be void.-On the commencement of this
act, any custom or tradition or any contract, agreement or other
instrument (whether entered into or executed before or after the
commencement of this act), by virtue of which any person, or any
member of the family or dependent of such person, is required to do
any work or render any service as a bonded labourer, shall be void and
inoperative.

CHAPTER III

Extinguishment of liability to repay bonded debt

6. Liability to repay bonded debt to stand extinguished-(1) On the
commencement of this act, every obligation of a bonded labourer to
repay any bonded debt, or such part of any bonded debt as remains
unsatisfied immediately before such commencement, shall be deemed to
have been extinguished.

(2) After the commencement of this act, no suit or other proceeding
shall lie in any civil Court or before any other authority for the
recovery of any bonded debt or any part thereof.

(3) Every decree or order for the recovery of bonded debt, passed
before the commencement of this act and not fully satisfied before
such commencement, shall be deemed, on such commencement, to have been
fully satisfied.

(4) Every attachment made before the commencement of this act, for the
recovery of any bonded debt, shall, on such commencement, stand
vacated; and where, in pursuance of such attachment, any moveable
property of the bonded labourer was seized and removed from his
custody and kept in the custody of any Court or other authority
pending sale thereof such moveable property shall be restored, as soon
as may be practicable after such commencement, to the possession of
the bonded labourer.

(5) Where, before the commencement of this act, possession of any
property belonging to a bonded labourer or a member of his family or
other dependent was forcibly taken over by any creditor for the
recovery of any bonded debt, such property shall be restored, as soon
as may be practicable after such commencement, to the possession of
the person from whom it was seized.

(6) If restoration of the possession of any property referred to in
sub-section (4) or sub-section (5) is not made within thirty days from
the commencement of this act, the aggrieved person may, within such
time as may be prescribed, apply to the prescribed authority for the
restoration of the possession of such property and the prescribed
authority may, after giving the creditor a reasonable opportunity of
being heard, direct the creditor to restore to the applicant the
possession of the concerned property within such time as may be
specified in the order.

(7) An order made by any prescribed authority, under sub-section (6),
shall be deemed to be an order made by a civil Court of the lowest
pecuniary jurisdiction within the local limits of whose jurisdiction
the creditor voluntarily resides or carries on business or personally
works for gain.

(8) For the avoidance of doubts, it is hereby declared, that, where
any attached property was sold before the commencement of this act, in
execution of a decree or order for the recovery of a bonded debt, such
sale shall not be affected by any provision of this act:

Provided that the bonded labourer, or an agent authorized by him in
this behalf, may, at any time within five years rom such commencement,
apply to have the sale set aside on his depositing in Court, for
payment to the decree-holder, the amount specified in the proclamation
of sale, for the recovery of which sale was ordered, less any amount
as well as mesne profits, which may, since the date of such
proclamation of sale, have been received by the decree-holder.

(9) Where any suit or proceeding, for the enforcement of any
obligation under the bonded labour system, including a suit or
proceeding for the recovery of any advance made to a bonded labourer,
is pending at the commencement of this act, such suit or other
proceeding shall, on such commencement, stand dismissed.

(10) On the commencement of this act, every bonded labourer who has
been detained in civil prison, whether before or after judgement,
shall be released from detention forthwith.

7. Property of bonded labourer to be freed from mortgage, etc.-(1) All
property vested in a bonded labourer which was, immediately before the
commencement of this act under any mortgage, lien, charge, or other
incumbrances in connection with any bonded debt shall, in so far as it
is relatable to the bonded debt, stand freed and discharged from such
mortgage, charge, lien or otherincumbrances in connection with any
bonded debt, and where any such property was, immediately before the
commencement of this act, in the possession of the mortgagee or the
holder of the charge, lien or incumbrance, such property shall (except
where it was subject to any other charge), on such commencement, be
restored to the possession of the bonded labourer.

(2) If any delay is made in restoring any property, referred to in sub-
section (1), to the possession of the bonded labourer, such labourer
shall be entitled, on and from the date of such commencement, to
recover from the mortgagee or holder of the lien, charge or
incumbrance, such mesne profits as may be determined by the Civil
Court of the lowest pecuniary jurisdiction within the local limits of
whose jurisdiction such property is situated.

8. Freed bonded labourer not to be evicted from homestead, etc.- (1)
No person who has been freed and discharged under this act from any
obligation to render any bonded labour, shall be evicted from any
homestead or other residential premises which he was occupying
immediately before the commencement of this act as part of the
consideration for the bonded labour.

(2) If, after the commencement of this act, any such person is evicted
by the creditor from any homestead or other residential premises,
referred to in sub-section (1), the Executive Magistrate in charge of
the sub-division within which such homestead or residential premises,
is situated shall, as early as practicable, restore the bonded
labourer to the possession of such homestead or other residential
premises.

9. Creditor not to accept payment against extinguished debt.-(1) No
creditor shall accept any payment against any bonded debt which has
been extinguished or deemed to have been extinguished or fully
satisfied by virtue of the provisions of this act.

(2) whoever contravenes the provisions of sub-section (1), shall be
punishable with imprisonment for a term which may extend to three
years and also with fine.

(3) The Court, convicting any person under sub-section (2) may, in
addition to the penalties which may be imposed under that sub-section,
direct the person to deposit, in Court, the amount accepted in
contravention of the provisions of sub-section (1), within such period
as may be specified in the order for being refunded to the bonded
labourer.

CHAPTER IV

Implementing Authorities

10. Authorities who may be specified for implementing the provisions
of this act.- The State Governments may confer such powers and impose
such duties on a District Magistrate as may be necessary to ensure
that the provisions of this act are properly carried out and the
District Magistrate may specify the officer, subordinate to him, who
shall exercise all or any of the powers, and perform al or any of the
duties, so conferred or imposed and the local limits within which such
powers or duties shall be carried out by the officers so specified.

11. Duty of District Magistrates and other officers to ensure credit.-
The District Magistrate authorized by the State Government under Sec.
10 and the officer specified by the District Magistrate under that
section shall, as far as practicable, try to promote the welfare of
the freed bonded labourer by securing and protecting the economic
interests of such bonded labourer so that he may not have any occasion
or reason to contract any further debt.

12. Duty of the District Magistrate and officers authorized by him.-It
shall be the duty of every District Magistrate and every officer
specified by him under Sec. 10 to inquire whether after the
commencement of this act, any bonded labour system or any other form
of forced labour is being enforced by, or on behalf of, any person
resident within the local limits of his jurisdiction and if, as a
result of such inquiry, any person is found to be enforcing the bonded
labour system or any other system of forced labour, he shall forthwith
take such action as may be necessary to eradicate the enforcement of
such forced labour.

CHAPTER V

Vigilance Committees

13. Vigilance Committees.-(1) Every State Government shall, by
notification in the Official Gazette, constitute such number of
Vigilance Committees in each district and each sub-division as it may
think fit.

(2) Each Vigilance Committee, constituted for a district, shall
consist of the following members, namely:

(a) The District Magistrate, or a person nominated by him, who shall
be the Chairman;

(b) three persons belonging to the Scheduled Castes or Scheduled
Tribes and residing in the district, to be nominated by the District
Magistrate;

(c) two social workers, resident in the district, to be nominated by
the District Magistrate;

(d) not more than three persons to represent the official or non-
official agencies in the district connected with rural development, to
be nominated by the State Government;

(e) one person to represent the financial and credit institutions in
the district, to be nominated by the District Magistrate.

(3) Each Vigilance Committee, constituted for a sub-division, shall
consist of the following members, namely:

(a) The Sub-Divisional Magistrate, or a person nominated by him, who
shall be the Chairman;

(b) three persons belonging to the Scheduled Castes or Scheduled
Tribes and residing in the sub-division, to be nominated by the Sub-
divisional Magistrate;

(c) two social workers, resident in the sub-division, to be nominated
by the Sub-divisional Magistrate;

(d) not more than three persons to represent the official or non-
official agencies in the sub-division connected with rural
development, to be nominated by the State Government;

(e) one person to represent the financial and credit institutions in
the sub-division, to be nominated by the Sub-divisional Magistrate.

(f) one officer specified under Sec. 10 and functioning in the sub-
division;

(4) Each Vigilance Committee shall regulate its own procedure and
secretarial assistance as may be necessary, shall be provided by-

(a) the District Magistrate, in the case of Vigilance Committee
constituted for the district;

(b) the Sub-divisional Magistrate, in the case of a Vigilance
Committee constituted for the sub-division.

(5) No proceeding of a Vigilance Committee shall be invalid merely by
reason of any defect in the constitution, or in the proceedings, of
the Vigilance Committee.

14. Functions of Vigilance Committees.-(1) The functions of each
Vigilance Committee shall be-

(a) to advise the District Magistrate or any officer authorized by him
as to the efforts made, and action taken, to ensure that the
provisions of this act or any rule made thereunder are properly
implemented;

(b) to provide for the economic and social rehabilitation of the freed-
bonded labourers;

(c) to co-ordinate the functions of rural banks and co-operative
societies with a view to canalizing adequate credit to the freed-
bonded labourers;

(d) to keep an eye on the number of offences of which cognizance has
been taken under this act;

(e) to make a survey as to whether there is any offence of which
cognizance ought to be taken under this act;

(f) to defend any suit instituted against a freed-bonded labourer or a
member of his family or any other person dependent on him for the
recovery of the whole or part of any bonded debt or any other debt
which is claimed by such person to be bonded debt.

(2) A Vigilance Committee may authorize one of its members to defend a
suit against a freed-bonded labourer and the member so authorized
shall be deemed, for the purpose of such suit, to be the authorized
agent of the freed-bonded labourer.

15. Burden of proof.- Whenever any debt is claimed by a bonded
labourer, or a Vigilance Committee, to be a bonded debt, the burden of
proof that such debt, is not a bonded debt shall lie on the creditor.

CHAPTER VI

Offences and Procedure for Trial

16. Punishment for enforcement of bonded labour.-Whoever, after the
commencement of this act, compels any person to render any bonded
labour shall be punishable with imprisonment for a term which may
extend to three years and also with fine which may extend to two
thousand rupees.

17. Punishment for advancement of bonded debt.-Whoever advances, after
the commencement of this act, any bonded debt shall be punishable with
imprisonment for a term which may extend to three years and also with
fine which may extend to two thousand rupees.

18. Punishment for extracting bonded labour under the bonded labour
system.-Whoever enforces, after the commencement of this act, any
custom, tradition, contract, agreement or other instrument, by virtue
of which any person or any member of the family of such person or any
dependent of such person is required to render any service under the
bonded labour system shall be punishable with imprisonment for a term
which may extend to three years and also with fine which may extend to
two thousand rupees; and out of the fine, ifrecovered, payment shall
be made to the bonded labourer at the rate of rupees five for each day
for which the bonded labour was extracted from him.

19. Punishment for omission or failure to restore possession of
property to bonded labourers.-Whoever, being required by this act to
restore any property to the possession of any bonded labourer, omits
or fails to do so, within a period of thirty days from the
commencement of this act, shall be punishable with imprisonment for a
term which may extend to one year, or with fine which may extend to
one thousand rupees, or with both; and, out of the fine, if recovered
payment shall be made to the bonded labourer at the rate of rupees
five for each day during which possession of property was not restored
to him.

20. Abetment to be an offence.-Whoever abets any offence punishable
under this act shall, whether or not the offence abetted is committed,
be punishable with the same punishment as is provided for the offence
which has been abetted.

Explanation.-For the purpose of this act, "abetment" has the meaning
assigned to it in the Indian Penal Code.

21. Offences to be tried by Executive Magistrates.-(1) The State
Government may confer, on an Executive Magistrate the powers of a
Judicial Magistrate of the first class or of the second class for the
trial of offences under this act; and on such conferment of powers,
the Executive Magistrate, on whom the powers are so conferred, shall
be deemed, for the purposes of the Code of Criminal Procedure, 1973 (2
of 1974), to be a Judicial Magistrate of the first class, or of the
second class, as the case may be.

22. Cognizance of offences.-Every offence under this act shall be
cognizable and bailable.

23. Offences by companies.-(1) Where an offence under this act has
been committed by a company, every person who, at the time the offence
was committed, was in charge of, and was responsible to, the company
for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly.

(2) Notwithstanding anything contained in sub-section (1), where any
offence under this act has been committed by a company and it has been
proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

Explanation.-For the purposes of this section,-

(a) "company" means any body corporate and includes a firm or other
association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

CHAPTER VII

Miscellaneous

24. Protection of action taken in good faith.-No suit, prosecution or
other legal proceeding shall lie against any State Government or any
officer of the State Government or any member of the Vigilance
Committee for anything which is in good faith done or intended to be
done under this act.

25. Jurisdiction of Civil Courts barred.-No Civil Court shall have
jurisdiction in respect of any matter to which any provision of this
act applies and no injunction shall be granted by any Civil Court in
respect of anything which is done or intended to be done by or under
this act.

26. Power to make rules.-(1) The Central Government may, by
notification in the official Gazette, make rules for carrying out the
provisions of this act.

(2) In particular, and without prejudice to the foregoing power, such
rules may provide for all or any of the following matters, namely:

(a) the authority to which application for the restoration of
possession of property referred to in sub-section (4), or sub-section
(5) of Sec. 6 is to be submitted in pursuance of sub-section (6) of
that section;

(b) the time within which application for restoration of possession of
property is to be made under sub-section (6) of Sec. 6, to the
prescribed authority;

(c) steps to be taken by Vigilance Committees under Cl. (a) of sub-
section (1) of Sec. 14, to ensure the implementation of the provisions
of this act or of any rule made thereunder;

(d) any other matter which is required to be, or may be prescribed.

(3) Every rule made by the Central Government under this act shall be
laid, as soon as may be after it is made, before each House of
Parliament while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately
following the session or successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree that
therule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
rule.

(1) The Bonded Labour System (Abolition) Ordinance, 1975 (17 of 1975),
is hereby repealed.

(2) Notwithstanding such repeal, anything or any action taken under
the Ordinance (including any notification published, direction of a
nomination made, power conferred, duty imposed or officer specified)
shall be deemed to have been done or taken under the corresponding
provisions of this act.

APPENDIX C: The Bonded Labour System (Abolition) Rules, 1976

(Published in the Gazette of India, Extraordinary, Part II, Section
3(i),

February 28, 1976)

In exercise of powers conferred by sub-section (1), read with sub-
section (2) of Sec. 26 of the Bonded Labour System (Abolition) Act,
1976 (19 of 1976), the Central Government hereby makes the following
rules, namely:

1. Short title and commencement.-(1) These rules may be called the
Bonded Labour System (Abolition) Rules, 1976.

(2) They shall come into force on the date of their publication in the
official Gazette.

2. Definitions.-In these rules, unless the context otherwise
requires,-

(a) "Act" means the Bonded Labour System (Abolition) Act, 1976 (19 of
1976);

(b) "District Vigilance Committee: means a Vigilance Committee
constituted for a district under sub-section (1) of Sec. 13;

(c) "section" means a section of the act;

(d) "Sub-divisional Vigilance Committee" means a Vigilance Committee
constituted for a sub-division under sub-section (1) of Sec. 13.

3. Term of office, and vacation of seat members of District Vigilance
Committees.-(1) Every member of a District Vigilance Committee,
nominated under Cls. (b), (c), (d) and (e) of sub-section (2) of Sec.
13 shall hold office for a period of two years from the date on which
his nomination is notified in the official Gazette and shall, on the
expiry of the said period, continue to hold office until his successor
is nominated and shall also be eligible for re-nomination.

(2) Every member referred to in sub-rule (1), -

(a) may, by giving notice in writing of not less than thirty days to
authority which nominated him, resign his office and, on such
resignation being accepted or on the expiry of the notice period of 30
days, whichever is earlier, shall be deemed to have vacated his
office.

(b) shall be deemed to have vacated his office,-

(I) if he fails to attend three consecutive meetings of the District
Vigilance Committee without obtaining leave of the Chairman of such
absence:

Provided that the authority, which nominated him, may, if he is
satisfied that such member was prevented by sufficient cause from
attending the three consecutive meetings of the Committee restore him
to membership;

(ii) if he becomes subject to any of the following disqualifications,
namely:

(1) is adjudged insolvent;

(2) is declared to be of unsound mind by a competent court;

(3) is convicted of an offence which, in the opinion of the authority
which nominated him, involves moral turpitude;

(c) may be removed from office, if the authority, which nominated such
member is of the opinion that such member has ceased to represent the
interest to represent which he was nominated:

Provided that a member shall not be removed from office under this
clause unless a reasonable opportunity is given to him for showing
cause against such removal.

(3) A member, nominated to fill a casual vacancy shall gold office for
the unexpired portion of the term of his predecessor.

4. Term of office, and vacation of seat of members of Sub-divisional
Vigilance Committees.-(1) Every member of a Sub-divisional Vigilance
Committee, nominated under Cls. (b), (c), (d) and (e) of sub-section
(2) of Sec. 13 shall hold office for a period of two years from the
date on which his nomination is notified in the official Gazette and
shall, on the expiry of the said period, continue to hold office until
his successor is nominated and shall also be eligible for re-
nomination.

(2) Every member referred to in sub-rule (1), -

(a) may, by giving notice in writing of not less than thirty days to
authority which nominated him, resign his office and, on such
resignation being accepted or on the expiry of the notice period of 30
days, whichever is earlier, shall be deemed to have vacated his
office.

(b) shall be deemed to have vacated his office,-

(i) if he fails to attend three consecutive meetings of the Sub-
divisional Vigilance Committee without obtaining leave of the Chairman
of such absence:

Provided that the authority, which nominated him, may, if he is
satisfied that such member was prevented by sufficient cause from
attending the three consecutive meetings of the Committee restore him
to membership;

(ii) if he becomes subject to any of the following disqualifications,
namely:

(1) is adjudged insolvent;

(2) is declared to be of unsound mind by a competent court;

(3) is convicted of an offence which, in the opinion of the authority
which nominated him, involves moral turpitude;

(c) may be removed from office, if the authority, which nominated such
member is of the opinion that such member has ceased to represent the
interest to represent which he was nominated:

Provided that a member shall not be removed from office under this
clause unless a reasonable opportunity is given to him for showing
cause against such removal.

(3) A member, nominated to fill a casual vacancy shall gold office for
the unexpired portion of the term of his predecessor.

5. Prescribed authority under sub-section (6) of Sec.6.-An application
under sub-section (6) of Sec. 6 for restoration of possession of any
property referred to in sub-section (4) or sub-section (5) of that
section shall be made to the Executive Magistrate, on whom the powers
of a Judicial Magistrate of the first class or of the second class
have been conferred under sub-section (1) of Sec. 21, and within the
local limits of whose jurisdiction the said property is, or the
applicant has reason to believe is, situated at the time of making the
application:

Provided that where there are two Executive Magistrates, on one of
whom the powers of a Judicial Magistrate of the first class and on the
other the powers of a Judicial Magistrate of thesecond class have been
conferred under sub-section (1) of Sec. 21 having jurisdiction to
entertain the application for restoration of possession of property
referred to in sub-rule (1), the application shall be made to the
Executive Magistrate on whom the powers of a Judicial Magistrate of
the second class have been conferred.

6. Time within which an application under sub-section (6) is to be
made.-

An application under sub-section (6) of Sec. 6 for restoration of
possession of any property referred to in sub-section (4) or sub-
section (5) of that section shall be made within a period of ninety
days from the date on which these rules come into force.

7. Records to be maintained by District Vigilance Committees to ensure
the implementation of the provisions of the act and rules.-In order to
ensure the implementation of the act and rules, every District
Vigilance Committee shall maintain the following registers in respect
of freed-bonded labourer with the local limits of its jurisdiction,
namely:

(a) a register containing the name and address of freed bonded
labourer;

(b) a register containing the statistics relating to the vacation,
occupation, and income of every freed-bonded labourer;

(c) a register containing the details of the benefits which the freed-
bonded labourers are receiving, including benefits in the form of
land, inputs for agriculture, training in handicrafts and allied
occupations, loans at differential rates, interest of employment in
urban or non-urban areas;

(d) a register containing details of cases under sub-section (6) of
Sec. 6, sub-section (2) of Sec. 8, sub-section (2) of Secs. 9, 16, 17,
18, 19, and 20.

APPENDIX D: The Children (Pedging of Labour) Act, 1933

(Act No. 2 of 1933)

[24th February, 1933]

An act to prohibit the pledging of labour of children

Whereas it is expedient to prohibit the making of agreements to pledge
the labour of children and the employment of children whose labour has
been pledged;

It is hereby enacted as follows:

1. Short title, extent and commencement.-(1) This act may be called
the Children (Pledging of Labour) Act, 1933.

(2) It extends to the whole of India

(3) This section and Secs. 2 and 3 shall come into force at once, and
the remaining sections of this act shall come into force on the first
day of July, 1933.

2. Definitions.- In this act, unless there is anything repugnant in
the subject or context,-

"an agreement to pledge the labour of a child" means in agreement,
written or oral, express or implied, whereby the parent or guardian of
a child, in return for any payment or benefit received by him,
undertakes to cause or allow the services of the child to be utilized
by him, undertakes to cause or allow the services of the child to be
utilized in any employment:

Provided that an agreement made without detriment to a child , and not
made in consideration of any benefit other than reasonable wages to be
paid for the child's services, and terminable at not more than a
week's notice, is not an agreement within the meaning of this
definition;

"child" means a person who is under the age of fifteen years; and
"guardian" includes any person having legal custody of or control over
a child.

3. Agreement contrary to the act to be void.-An agreement to pledge
the labour of a child shall be void.

4. Penalty for parent or guardian making agreement to pledge the
labour of a child.-Whoever, being the parent or guardian of a child,
makes an agreement to pledge the labour of that child, shall be
punished with fine which may extend to fifty rupees.

5. Penalty for making with a parent or guardian agreement to pledge
the labour of a child.-Whoever makes with the parent or guardian of a
child shall be punished with fine which may extend to two hundred
rupees.

6. Penalty for employing a child whose labour has been pledged.-
Whoever, knowing or having reason to believe that an agreement has
been made to pledge the labour of a child, in furtherance of such
agreement employs such child, or permits such child to be employed in
any premises or place under his control, shall be punishable with fine
which may extend to two hundred rupees.

APPENDIX E: The Child Labour (Prohibition and Regulation) Act, 1986

Number 61 of 1986

[23rd December 1986]

Statement of Objects and Reasons

There are a number of acts which prohibit the employment of children
below 14 years and 15 years in certain specified employments. However,
there is no procedure laid down in any law for deciding in which
employments, occupations or processes the employment of children
should be banned. There is also no law to regulate the working
conditions of children in most of the employments where they are not
prohibited from working and are working under exploitative
conditions.

2. This Bill intends to-

(i) ban the employment of children, i.e., those who have not completed
their fourteenth year, in specified occupations and processes;

(ii) lay down a procedure to decide modifications to the Schedule of
banned occupations or processes;

(iii) regulate the conditions of work of children in employments where
they are not prohibited from working;

(iv) lay down enhanced penalties for employment of children in
violation of the provisions of this act, and other acts which forbid
the employment of children;

(v) to obtain uniformity in the definition of "child" in the related
laws.

3. The Bill seeks to achieve the above objects.

An act to prohibit the engagement of children in certain employments
and to regulate the conditions of work of children in certain other
employments.

Be it enacted by Parliament in the Thirty-seventh year of the Republic
of India as follows:

PART I

PRELIMINARY

1. Short title, extent and commencement.-(1) The act may be called the
Child Labour (Prohibition and Regulation) Act, 1986.

(2) It extends to the whole of India.

(3) The provisions of this act, other than part III, shall come into
force at once, and part III shall come into force on such date as the
Central Governmentmay, by notification in the Official Gazette,
appoint, and different dates may be appointed for different states and
for different classes of establishments.

2. Definitions.- In this act, unless the context otherwise requires.

(i) "appropriate Government" means, in relation to an establishment
under the control of the Central Government or a railway
administration or a major port or a mine or oil field, the Central
Government, and in all other cases, the State Government;

(ii) "child" means a person who has not completed his fourteenth year
of age;

(iii) "day" means a period of twenty-four hours beginning at mid-
night;

(iv) "establishment" includes a shop, commercial establishment,
workshop, farm, residential hotel, restaurant, eating house, theatre
or other place of amusement or public entertainment;

(v) "family" in relation to an occupier, means the individual, the
wife or husband, as the case may be, of such individual, and their
children, brother or sister of such individual;

(vi) "occupier", in relation to an establishment or a workshop, means
the person who has the ultimate control over the affairs of the
establishment or workshop;

(vii) "port authority" means any authority administering a port;

(viii) "prescribed" means prescribed by rules made under Section 18;

(ix) "week" means a period of seven days beginning at mid-night on
Saturday night or such other night as may be approved in writing for a
particular area by the inspector;

(x) "workshop" means any premises (including the precincts thereof)
wherein any industrial process is carried on, but does not include any
premises to which the provisions of section 67 of the Factories Act,
1946, for the time being, apply.

PART II

PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS AND
PROCESSES

3. Prohibition of employment of children in certain occupations and
processes.-No child shall be employed or permitted to work in any of
the occupations set forth in Part A of the Schedule or in any workshop
wherein any of the processes set forth in Part B of the Schedule is
carried on:

Provided that nothing in this section shall apply to any workshop
wherein any process is carried on by the occupier with the aid ofhis
family or to any school established by, or receiving assistance or
recognition from, Government.

4. Power to amend the Schedule.-The Central Government after giving,
by notification in the Official Gazette, not less than three months
notice of its intention so to do, may, be like notification, add any
occupation or process to the Schedule and thereupon the Schedule shall
be deemed to have been amended accordingly.

5. Child Labour Technical Advisory Committee.-(1) The Central
Government may, by notification in the Official Gazette, constitute an
advisory committee to be called the "Child Labour Technical Advisory
Committee" (hereafter in this section referred to as the Committee) to
advise the Central Government for the purpose of addition of
occupations and processes to the Schedule.

(2) The Committee shall consist of a Chairman and such other members
not exceeding ten, as may be appointed by the Central Government.

(3) The Committee shall meet as often as it may consider necessary and
shall have power to regulate its own procedure.

(4) The Committee may, if it deems necessary so to do, constitute one
or more sub-committees, and may appoint any such sub-committee,
whether generally or for the consideration of any particular matter,
any person who is not a member of the Committee.

(5) The term of office of, the manner of filing casual vacancies in
the office of, and the allowances, if any, payable to, the Chairman
and other members of the Committee, and the conditions and
restrictions subject to which the Committee may appoint any person who
is not a member of the Committee as a member of any of its sub-
committees shall be such as may be prescribed.

PART III

REGULATION OF CONDITIONS OF WORK OF CHILDREN

6. Application of Part.-The provisions of this Part shall apply to an
establishment or a class of establishments in which none of the
occupations or processes referred to in section 3 is carried on.

7. Hours and period of work.-(1) No child shall be required or
permitted to work in any establishment in excess of such number of
hours as may be prescribed for such establishment or class of
establishments.

(2) The period of work on each day shall be so fixed that no period
shall exceed three hours and that no child shall work for more than
three hours before he has had an interval for rest for at least one
hour.

(3) The period of work of a child shall be so arranged that inclusive
of his interval for rest, under sub-section (2), it shall not be
spread over more than six hours, including the time spent in waiting
for work on any day.

(4) No child shall be permitted or required to work between 7 p.m. and
8 a.m.

(5) No child shall be required or permitted to work overtime.

8. Weekly holidays.-Every child employed in an establishment shall be
allowed in each week, a holiday of one whole day, which day shall be
specified by the occupier in a notice permanently exhibited in a
conspicuous place in the establishment and the day so specified shall
not be altered by the occupier more than once in three months.

9. Notice to Inspector.-(1) Every occupier in relation to an
establishment in which a child was employed or permitted to work
immediately before the date of commencement of this act in relation to
such establishment shall, within a period of thirty days from such
commencement, send to the Inspector within whose local limits the
establishment is situated, a written notice containing the following
particulars, namely:-

(a) the name and situation of the establishment;

(b) the name of the person in actual management of the establishment;

(c) the address to which communications relating to the establishment
should be sent; and

(d) the nature of the occupation or process carried on in the
establishment.

(2) Every occupier, in relation to an establishment, who employs, or
permits to work, any child after the date of commencement of this act
in relation t such establishment, shall, within a period of thirty
days from the date of such employment, send to the Inspector within
whose local limits the establishment is situated, a written notice
containing the particulars as are mentioned in sub-section (1).

Explanation.-For the purposes of sub-sections (1) and (2), "date of
commencement of this act, in relation to an establishment" means the
date of bringing into force of this act in relation to such
establishment.

(3) Nothing in sections 7, 8 and 9 shall apply to any establishment
wherein any process is carried on by the occupier with the aid of his
family or to any school established by, or receiving assistance or
recognition from, Government.

10. Disputes as to age.-If any question arises between an Inspector
and an occupier as to the age of any child who is employed or is
permitted to work byhim in an establishment, the question shall, in
the absence of a certificate as to the age of such child granted by
the prescribed medical authority, be referred by the Inspector for
decision to the prescribed medical authority.

11. Maintenance of register.-There shall be maintained by every
occupier in respect of children employed or permitted to work in any
establishment, a register to be available for inspection by an
Inspector at all times during working hours or when work is being
carried on in any such establishment, showing-

(a) the name and date of birth of every child so employed or permitted
to work;

(b) hours and periods of work of any such child and the intervals of
rest to which he is entitled;

(c) the nature of work of any such child; and

(d) such other particulars as may be prescribed.

12. Display of notice containing abstracts of sections 3 and 14.-Every
railway administration, every port authority and every occupier shall
cause to be displayed in a conspicuous and accessible place at every
station on its railway or within the limits of a port or at the place
of work, as the case may be, a notice in the local language and in the
English language containing an abstract of sections 3 and 14.

13. Health and safety.-(1) The appropriate Government may, by
notification in the Official Gazette, make rules for the health and
safety of the children employed or permitted to work in any
establishment or class of establishments.

(2) Without prejudice to the generality of the foregoing provisions,
the said rules may provide for all or any of the following matters,
namely:-

(a) cleanliness in the place of work and its freedom from nuisance;

(b) disposal of wastes and effluents;

(c) ventilation and temperature;

(e) artificial humidification;

(f) lighting;

(g) drinking water;

(h) latrine and urinals;

(i) spittoons;

(j) fencing of machinery;

(k) work at or near machinery in motion;

(l) employment of children on dangerous machines;

(m) instructions, training and supervision in relation to employment
of children on dangerous machines;

(n) device for cutting off power;

(o) self-acting machines;

(p) easing of new machinery;

(q) floor, stairs and means of access;

(r) pits, sumps, openings in floors, etc.;

(s) excessive weights;

(t) protection of eyes;

(u) explosive or inflammable dust, gas, etc.;

(v) precautions in case of fire;

(w) maintenance of buildings; and

(x) safety of buildings; and machinery.

PART IV

MISCELLANEOUS

14. Penalties.-(1) Whoever employs any child or permits any child to
work in contravention of the provisions of section 3 shall be
punishable with imprisonment for a term which shall not be less than
three months but which may extend to one year or with fine which shall
not be less than ten thousand rupees but which may extend to twenty
thousand rupees or with both.

(2) Whoever, having been convicted of an offence under section 3,
commits a like offence, afterwards, he shall be punishable with
imprisonment for a term which shall not be less than six months but
which may extend to two years.

(3) Whoever-

(a) fails to give notice as required by section 9; or

(b) fails to maintain a register as required by section 11 or makes
any false entry in any such register; or

(c) fails to display a notice containing an abstract of section 3 and
this section as required by section 12; or

(d) fails to comply with or contravenes any other provisions of this
act or the rules made thereunder, shall be punishable with simple
imprisonment which may extend to one month or with fine which may
extend to ten thousand rupees or with both.

15. Modified application of certain laws in relation to penalties.-(1)
Where any person is found guilty and convicted of contravention of any
of the provisions mentioned in sub-section (2), he shall be liable to
penalties as providedin sub-sections (1) and (2) of section 14 of this
act and not under the acts in which these provisions are contained.

(2) The provisions referred to in sub-section (1) are the provisions
mentioned below:-

(a) section 67 of the Factories Act, 1948 (63 of 1948);

(b) section 40 of the Mines Act, 1952 (35 of 1952);

(c) section 109 of the Merchant Shipping Act, 1958 (44 of 1958); and

(d) section 21 of the Motor Transport Workers Act, 1961 (27 of 1961).

16. Procedure relating to offences.-(1) Any person, police officer or
Inspector may file a complaint of the commission of an offence under
this act in any court of competent jurisdiction.

(2) Every certificate of as to the age of a child which has been
granted by a prescribed medical authority shall, for the purposes of
this act, be conclusive evidence as to the age of the child to whom it
relates.

(3) No court inferior to that of a Metropolitan Magistrate or a
Magistrate of the first class shall try any offence under this act.

17. Appointment of Inspectors.-The appropriate Government may appoint
Inspectors for the purposes of securing compliance with the provisions
of this act and any Inspector so appointed shall be deemed to be a
public servant within the meaning of the Indian Penal Code (45 of
1860).

18. Power to make rules-(1) The appropriate Government may, by
notification in the Official Gazette and subject to the condition of
previous publication, make rules for carrying into effect the
provisions of The act.

(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:-

(a) the term of office of, the manner of filing casual vacancies of,
and the allowances payable to, the Chairman and member of the Child
Labour Technical Advisory Committee and the conditions and
restrictions subject to which a non-member may be appointed to a sub-
committee under sub-section (5) of section 5;

(b) number of hours for which a child may be required or permitted to
work under sub-section (1) of section 7;

(c) Grant of certificates of age in respect of young persons in
employment or seeking employment, the medical authorities which may
issue such certificate, the form of such certificate, thecharges which
may be thereunder and the manner in which such certificate may be
issued:

Provided that no charge shall be made for the issue of any such
certificate if the application is accompanied by evidence of age
deemed satisfactory by the authority concerned;

(d) the other particulars which a register maintained under section 11
should contain.

19. Rules and notifications to be laid before Parliament or State
legislature.-(1) Every rule made under this act by the Central
Government and every notification issued under section 4, shall be
laid, as soon as may be after it is made or issued, before each House
of Parliament, while it is in session for a total period of thirty
days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree that the rule or notification should not
be made or issued, the rule or notification shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under
that rule or notification.

(2) Every rule made by a State Government under this act shall be laid
as soon as may be after it is made, before the legislature of that
State.

20. Certain other provisions of law not barred.-Subject to the
provisions contained in section 15, the provisions of this act and the
rules made thereunder shall be in addition to, and not in derogation
of, the provisions of the Factories Act, 1948 (63 of 1948), the
Plantations Labour Act, 1951 (69 of 1951), and the Mines Act, 1952 (35
of 1952).

21. Power to remove difficulties.-(1) If any difficulty arises in
giving effect to the provisions of this act, the Central Government
may, by order published in the Official Gazette, make such provisions
not inconsistent with the provisions of this act as appear to it to be
necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period
of three years from the date on which this act receives the assent of
the President.

(2) Every order made under this section shall, as soon as may be after
it is made, be laid before the Houses of Parliament.

22. Repeal and savings.-The Employment of Children, Act, 1938 (26 of
1938) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or
purported to have been done or taken under the act so repealed shall,
in so far as it is not inconsistent with the provisions of this act,
be deemed to have been done or taken under the corresponding
provisions of this act.

23. Amendment of Act 11 of 1948.-In section 2 of the Minimum Wages
Act, 1948,-

(i) for clause (a), the following clauses shall be substituted,
namely:-

(a) "adolescent" means a person who has completed his fourteenth year
of age but has not completed his eighteenth year;

(aa) "adult" means a person who has completed his eighteenth year of
age;

(ii) after clause (b), the following clause shall be inserted,
namely:-

(bb) "child" means a person who has not completed his fourteenth year
of age;

24. Amendment of Act 69 of 1951.-In the Plantations Labour Act,
1951,-

(a) In section 2, in clauses (a) and (c), for the word "fifteenth",
the word "fourteenth" shall be substituted;

(b) section 24 shall be omitted;

(c) in section 26, in the opening portion, the words "who has
completed his twelfth year" shall be omitted.

25. Amendment of Act 44 of 1958.-In the Merchant Shipping Act, 1958,
in section 109, for the word "fifteen", the word "fourteen" shall be
substituted.

26. Amendment of Act 27 of 1961.-In the Motor Transport Workers Act,
1961, in section 2, in clauses (a) and (c), for the word "fifteenth",
the word "fourteenth" shall be substituted.

THE SCHEDULE

(See section 3)

PART A

Occupations.-Any occupation connected with -

(1) Transport of passengers, goods or mails by railway;

(2) Cinder picking, clearing of an ash pit or building operation in
the railway premises;

(3) Work in a catering establishment at a railway station, involving
the movement of a vendor or any other employee of the establishment
from one platform to another or into or out of a moving train;

(4) Work relating to the construction of a railway station or with any
other work where such work is done in close proximity or between the
railway lines;

(5) A port authority within the limits of any port.

(6) Work relating to selling of crackers and fireworks.*

(7) Abattoirs/Slaughter houses.**

PART B

(1) Beedi-making.

(2) Carpet-weaving.

(3) Cement manufacture, including bagging of cement.

(4) Cloth printing, dyeing and weaving.

(5) Manufacture of matches, explosives and fireworks.

(6) Mica-cutting and splitting.

(7) Shellac manufacture.

(8) Soap manufacture.

(9) Tanning.

(10) Wool-cleaning.

(11) Building and construction industry.

(12) Manufacture of slate pencils (including packing)*

(13) Manufacture of products from agate.*

(14) Manufacturing processes using toxic metals and substances such as
lead, mercury, manganese, chromium, cadmium, benzene, pesticides and
asbestos.*

(15) "Hazardous processes" as defined in section 2(cb) and `dangerous
operations' as notified in rules made under section 87 of the
Factories Act, 1948 (63 of 1948).**

(16) Printing as defined in section 2(k) (iv) of the Factories Act,
1948 (63 of 1948).**

(17) Cashew and cashewnut desaling and processing.**

(18) Soldering processes in electronic industries.**

*Inserted by notification No. SO. 404 (E) dated 5th June, 1989
published in the Gazette of India, Extraordinary.

**Inserted by notification No. SO.263 (E) dated 29th March, 1994
published in Gazette of India, Extraordinary.

1 All names have been changed.

2 All dollar amounts refer to U.S. dollars.

3 The estimate of fifteen million bonded child laborers is
conservative. Anti-Slavery International reported in 1991 that India
had fifteen million bonded child laborers working in agriculture
alone. Anti-Slavery International, Children in Bondage: Slaves of the
Subcontinent (London: 1991), p. 30. Given that agriculture accounts
for approximately 52 to 87 percent of all bonded child laborers (see
chapter on agriculture), there could be millions more working in non-
agricultural occupations. "Indians form panel to stop child labor,"
United Press International, November 18, 1994. Other activists and
academics estimate that one quarter of all working children, that is,
between fifteen and twenty-nine million, are bonded laborers. Based on
these and other coinciding estimates, Human Rights Watch considers
fifteen million to be a reliable minimum indicator of the prevalence
of bonded child labor in India.

4 The United Nations Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery, 1956, defines debt bondage as "the status or condition
arising from a pledge by a debtor of his personal services or those of
a person under his control as security for a debt, if the value of
those services as reasonably assessed is not applied towards the
liquidation of the debt or the length and nature of those services are
not respectively limited and defined." It should be noted that many
Indian activists consider all child labor to be a form of bondage,
given the child's powerlessness and inability to freely choose to
work. This report, however, considers bonded child labor to be that
which conforms to the definition of the U.N. Supplementary
Convention.

5 Between $15 and $220, at the late 1995 exchange rate of thirty-four
rupees to the U.S. dollar.

6 Iqbal Masih was shot and killed on April 16, 1995. Initially blamed
on the carpet industrialists of Pakistan, the murder was later
attributed to a villager whom Masih reportedly discovered involved in
an illicit act.

7 See chapter on handwoven carpets.

8 Neera Burra, Born to Work: Child Labour in India (New Delhi: Oxford
University Press, 1995), p. xxii.

9 Ministry of Labour, Annual Report 1994-95 (New Delhi: Government of
India, 1995), p. 95. The actual quote is: "Out of India's total
workforce of 314 million, about 80% (249 million) are in rural areas.
About 64% of the workers (200 million) are engaged in agriculture.
About 85% of the workers (267 million) are self-employed or on casual
wages. Only about 15% (47 million) have regular salaried employment."

10 Child Labour (Prohibition and Regulation) Act, 1986, Part I,
Section 2(ii).

11 There is no universal definition of a child under Indian law. The
Child Labour (Prohibition and Regulation) Act, 1986, the Minimum Wages
Act, 1948, the Plantation Labour Act, 1951, the Apprentices Act, 1961,
and Article 24 of the Indian Constitution define "child" as any person
under the age of fourteen. The Shops and Establishments Act, 1961
allows the definition to be set by the states and in thirteen states,
the minimum age is twelve, and in eleven states, the minimum age is
fourteen. The Children (Pledging of Labour) Act, 1993 defines a child
as anyone below the age of fifteen. The Juvenile Justice Act, 1986
defines "juveniles" as any male under sixteen or any female under
eighteen.

12 Bonded child labor is convenient, cheap, compliant, and dependable.
It depresses wages. It is easily replenishable. Bonded labor among
both adults and children is not a new phenomenon in India. It is an
old arrangement, and a convenient one for the lucky top layers of
privilege. Those who have the power to change this arrangement are, by
all measures, uninterested in doing so.

13 United Front Coalition's Economic Program, presented June 6, 1996,
pp. 3-4. From MakroIndia Business Page sponsored by Amrok Securities
Private Limited at www.macroindia.com/hlight1.htm.

14 See Human Rights Watch/Asia, Contemporary Forms of Slavery in
Pakistan (New York: Human Rights Watch, July 1995); Anti-Slavery
International, Children in Bondage: Slaves of the Subcontinent
(London: Anti-Slavery International, 1991); INSEC, Bonded Labour in
Nepal under Kamaiya System (Kathmandu: INSEC, 1992); and Report of the
Working Group on Contemporary Forms of Slavery (18th Session, June
1993), UN DOC E/CN.4/1993/67.

15 Asia Watch and Human Rights Watch Women's Rights Project, A Modern
Form of Slavery: Trafficking of Women and Girls into Brothels in
Thailand (New York: Human Rights Watch, 1993); Americas Watch, "Forced
Labor in Brazil Revisited," vol. 5, no. 12, November, 1993; Middle
East Watch and Human Rights Watch Women's Rights Project, "Rape and
Mistreatment of Asian Maids in Kuwait," vol. 4, no. 8, July 1992;
Americas Watch, The Struggle for Land in Brazil: Rural Violence
Continues (New York: Human Rights Watch, 1992); Americas Watch,
"Forced Labor in Brazil," vol. 2, no. 8, December 1990; and National
Coalition for Haitian Refugees, Americas Watch, and Caribbean Rights,
Harvesting Oppression: Forced Haitian Labor in the Dominican Sugar
Industry (New York: Human Rights Watch, 1990).

16 Human Rights Watch/Asia, Rape for Profit: Trafficking of Nepali
Girls and Women to India's Brothels (New York: Human Rights Watch,
June 1995).

17 All dollar amounts in this report are in U.S. dollars.

18 Pradeep Mehta, "Cashing in on Child Labor," Multinational Monitor,
April 1994.

19 Ministry of Labour, Annual Report 1994-95, p. 95.

20 K. Mahajan and J. Gathia, Child Labour: An Analytical Study (New
Delhi: Centre of Concern for Child Labour, 1992), p. 25. Citing the
Indian Council for Child Welfare, Mahajan and Gathia report that
"slavery is on the increase among children below the age of 15 years."
Gathia also notes, in another study, that the number of children in
India who will not be in school by 2000 may be as high as 144 million,
indicating there may be tens of millions more child laborers in India
by 2000. (See: Child Labour Action Network (CLAN), Political Campaign
for Compulsory Primary Education (New Delhi: Child Labour Action
Network, 1996), p. 2.

21 Commission on Labour Standards and International Trade, Child
Labour in India: A Perspective, June 10, 1995, p. 32.

22 In 1984, the Operations Research Group-Baroda, an independent
research organization based in Baroda and Madras, estimated there were
forty-four million child laborers in India. Taking into account
population growth and employment trends, that figure would be
approximately sixty million in 1995. Another frequently cited figure
is one hundred million child laborers, a number that corresponds to
the government's estimate of all non-school-going children, who are
assumed to be working more than eight hours a day. Peace Trust and
Bhagwati Environment Development Institute, From the South, vol. 2,
no. 1, January-March 1995, p. 1. Anti-Slavery International confirmed
this estimate of 115 million in a telephone interview on August 14,
1996. Official government figures on the working child population, on
the other hand, are based on the 1981 census and are absurdly
inaccurate, with the government claiming there are only about
seventeen million child laborers. (See chapter on the role of the
Indian government.) A 1994 report by the Indian government's
Department of Women and Child Development, the Indian Council for
Child Welfare, and UNICEF-India concluded that "the number of working
children is closer to 90 million than the figure of 20 million assumed
by the government." Department of Women and Child Development, Indian
Council for Child Welfare, and UNICEF, India Country Office, "Rights
of the Child: Report of a National Consultation," November 21-23,
1994.

23 There are no accurate statistics that give the number of street
children in India. In 1983, the Operations Research Group stated that
there were forty-four million working children in India of which
eleven million were street children. This number must be considered
significantly low, given the fact that the study is now thirteen years
old. The government of India's 1991 Census estimated that eighteen
million children live and work in India's urban slums (huts,
tenements, pavement dwellings), which by the nature of their residence
and the fact that they were considered working, qualified them as
street children. The estimated population of India's street children
is between eleven to eighteen million, based on the Operations
Research Group's 1983 estimate and the 1991 Census estimate.

24 Peace Trust and Bhagwati Environment Development Institute, From
the South, Vo. 2, No. 1, January-March 1995, p. 1.

25 At a non-formal education center run during the evenings (as are
most, to accommodate the work schedules of the children), Human Rights
Watch asked one group of working children what they did for fun. The
boys perked up and rattled off a variety of activities: playing with
friends, going to the movies, riding a bicycle. The girls, however,
were puzzled by the question. Finally a teacher stepped in to explain:
the girls do not have the opportunity to do anything for fun; when
they are not working for wages or against a loan, they are working for
the family.

26 Mahajan and Gathia, Child Labour..., September, 1992, p. 24.

27 Human Rights Watch interview with social activist, November 21,
1995, Madras, Tamil Nadu. Advances in the beedi industry of Tamil Nadu
range from 500 to 5,000 rupees. These figures were confirmed by Human
Rights Watch interviews with dozens of bonded child beedi rollers.

28 There are an estimated 327,000 child workers in the beedi industry
(Burra, Born to Work p. xxiv); 300,000 child carpet weavers (Mehta.,
"Cashing in on Child Labor..."); and more than 200,000 children
working in silk weaving (see chapter on silk for details and
citations).

29 According to a 1991 study of child labor in India, these training
centers include "many [children] well below age fourteen." The manager
of one government program claimed that a ban on child labor in the
carpet industry would be "suicidal" for exports. See Myron Weiner, The
Child and the State in India (New Delhi: Oxford University Press,
1991), p. 86

30 Tanika Sarkar, "Bondage in the Colonial Context," Patnaik and
Manjari Dingwaney, eds., Chains of Servitude: Bondage and Slavery in
India (New Delhi: Sangam Books, 1985), p. 97.

31 See generally Uma Chakravarti, "Of Dasas and Karmakaras: Servile
Labour in Ancient India," Chains of Servitude . . .

32 Manjari Dingwaney, "Unredeemed Promises: The Law and Servitude,"
Chains of Servitude . . ., pp. 312-313.

33 For example: "The children were frequently beaten with iron
rods . . . and wounded with scissors . . ., if they were slow in work,
or if they asked for adequate food, or if they so much as went to the
toilet without the owner's permission." Appendix XV, "Reports on Child
Labour of Mirzapur," Law Relating to the Employment of Children
(1985), p. 160. Another report detailed a woman's attempt to rescue
her youngest son after his brother died on the job in a carpet-weaving
factory; the employer of her son threatened to kill the boy if she
attempted to meet him. "Bonded labourers' mothers want to see PM,"
Times of India, August 14, 1995.

34 Y. R. Haragopal Reddy, Bonded Labour System in India (New Delhi:
Deep and Deep Publications, 1995), p. 82. Similar incidents took place
across India in the mid-1980s. See, e.g., Ajoy Kumar, "From Slavery to
Freedom: The Tale of Chattisgarh Bonded Labourers," Indian Social
Institute, 1986, p. 8, reporting that bonded agricultural laborers who
attended meetings with labor activists were publicly beaten and driven
from their homes.

35 Human Rights Watch interview with rural activist, Dec. 13, 1995,
Rajasthan.

36 R. K Misra., Preliminary Report on the Child Labour in the Saree
Industry of Varanasi, Human Rights Cell, Banaras Hindu University,
Varanasi, 1995, p. 13.

37 Convention on the Suppression of Slave Trade and Slavery, signed at
Geneva, September 25, 1926; Protocol Amended the Slavery Convention,
signed at Geneva, September 25, 1926, with annex, done at, New York,
December 7, 1953, entered into force, December 7, 1953. A slave is
someone "over whom any or all of the powers attaching to the right of
ownership are exercised." Supplementary Convention on the Abolition of
Slavery, the Slave Trade, and Institutions and Practices Similar to
Slavery, done at Geneva, September 7, 1956; entered into force, April
30, 1957 (Supplementary Convention).

38 Supplementary Convention on the Abolition of Slavery.

39 Ibid.

40 Forced Labour Convention (No. 29), 1930, adopted at Geneva, June
28, 1930, as modified by the Final Articles Revision Convention,
adopted at Montreal, October 9, 1946.

41 International Labour Organisation, Conventions and Recommendations
1919-1966 (Geneva: ILO, 1966), p. 891. The ILO also passed the
Abolition of Forced Labour Convention (No. 105) in 1957; India,
however, chose not to sign this convention.

42 International Covenant on Civil and Political Rights, G.A. Res.
2200 (XXI), 21 U.N. GAOR Supp. (No. 16), U.N. Doc. A/6316 (1966)
(entered into force March 23, 1976).

43 International Covenant on Economic, Social and Cultural Rights,
G.A. Res. 2200 (XXI), 21 U.N. GAOR Supp. (No. 16), U.N. Doc. A/6316
(entered into force January 3, 1976).

44 Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR,
44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989) (entered into
force September 2, 1990).

45 Ibid. India ratified the Convention subject to a reservation that
these economic and social rights will be "progressively implemented,"
"subject to the extent of available resources."

46 Ibid.

47 See chapter on carpets; see also Human Rights Watch/Asia, Rape for
Profit: Trafficking of Nepali Girls and Women to India's Brothels
(Human Rights Watch: New York, 1995).

48 Convention on the Rights of the Child, G.A. Res. 44/125, U.N. GAOR,
44th Session, Supp. No. 49, U.N. Doc. A/44/736 (1989) (entered into
force September 2, 1990).

49 See S. K. Singh, Bonded Labour and the Law (New Delhi: Deep and
Deep Publications, 1994), pp. 48-51.

50 People's Union for Democratic Rights v. Union of India [Asiad
Workers' Case], AIR 1982 S.C. 1473, paragraph 1486.

51 Ibid., paragraph 1490. For a discussion of Supreme Court decisions
affecting bonded labourers, see Y. R. Haragopal Reddy, Bonded Labour
System in India (New Delhi: Deep and Deep Publications, 1995), ch. 4.

52 People's Union for Democratic Rights v. Union of India, (1982) 3
SCC 235, paragraphs 259-260.

53 Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC 243, paragraph
255 (1984).

54 "No child below the age of fourteen years shall be employed to work
in any factory or mine or engaged in any other hazardous employment."
Constitution of India, Article 24.

55 Consequently, post-act social action litigation on behalf of bonded
laborers is brought under both the Bonded Labour System (Abolition)
Act and the Constitution of India. For a discussion of cases see
Reddy, Bonded Labour System in India, ch. 4.

56 The Bonded Labour System (Abolition) Act, 1976, Sec. 4, 5, 6, and
14. See Appendix for full text.

57 Ibid., Sec. 16. The maximum penalties for a first-time offender
under the Child Labour (Prohibition and Regulation) Act are weaker
than the Bonded Labour System (Abolition) Act in terms of potential
length of incarceration (one year), but significantly stronger in
terms of monetary punishment (ten to twenty thousand rupees). See the
Child Labour (Prohibition and Regulation) Act, Sec. 14 (1).

58 Ibid., Sec. 2(1)(I)(a) and (b). Because no minimum wages have been
set by the government for children's work, the second prong of this
definition applies. See also People's Union for Democratic Rights v.
Union of India, (1982) 3 SCC 235, paragraphs 259-260, in which the
Supreme Court ruled that "where a person provides labour or service to
another for remuneration which is less than minimum wage, the labour
or service provided by him clearly falls within the scope and ambit of
the word `forced labour'..." All forms of forced labor are forbidden
under the Bonded Labour System (Abolition) Act.

59 "It shall be the duty of every District Magistrate and every
officer specified by him under Sec. 10 to inquire whether after the
commencement of this act, any bonded labour system or any other form
of forced labour is being enforced by, or on behalf of, any person
resident within the local limits of his jurisdiction and if, as a
result of such inquiry, any person is found to be enforcing the bonded
labour system or any other system of forced labour, he shall forthwith
take such action as may be necessary to eradicate the enforcement of
such forced labour." Bonded Labour System (Abolition) Act, 1976, Sec.
12.

60 Human Rights Watch interview with Mirzapur District Collector Mr.
Bachittar Singh, December 19, 1995, Mirzapur. A 1994 study describing
the multifarious duties of district magistrates notes that "[n]o
district magistrate can properly perform all the assignments given to
him." See also S. K. Singh, Bonded Labour and the Law, p. 124-125,
142, 147.

61 Ibid., Sec. 11 requires the district magistrate to "as far as
practicable, try to promote the welfare of the freed bonded labourer
by securing and protecting the economic interest of such bonded
labourer so that he may not have any occasion or reason to contract
any further bonded debt."

62 Ibid., Sec. 14.

63 Reddy, Bonded Labour System in India, p. 163.

64 Ibid., citing, inter alia, Lr. No. Y-11011/4/84-BL, dated February
14, 1986, Director General (Labour Welfare), Ministry of Labour,
Government of India.

65 Ibid., p.166.

66 Ministry of Labour, Annual Report 1994-1995, p.97.

67 The Children (Pledging of Labour) Act, 1933, Sec. 2. "Child" is a
person less than fifteen years old.

68 Ibid., Sec. 4 - 6.

69 Child Labour (Prohibition and Regulation) Act, 1986, Part I,
Section 2(ii).

70 The twenty-five occupations and industries where child labor is
prohibited are: beedi-making; carpet-weaving; cement manufacture;
cloth printing, dyeing and weaving; manufacture of matches, explosives
and fireworks; mica-cutting and splitting; shellac manufacture; soap
manufacture; tanning; wool-cleaning; the building and construction
industry; manufacture of slate pencils; manufacture of agate products;
manufacturing processes using toxic metals and substances; "hazardous
processes" as defined by the Factories Act, Sec. 87; printing as
defined by the Factories Act, Sec. 2; cashew and cashewnut processing;
soldering processes in electronic industries, railway transportation;
cinder picking, ashpit clearing or building operations in railway
premises; vending operations at railway stations; work on ports; sale
of firecracker and fireworks; and work in slaughter houses. Child
Labour (Prohibition and Regulation) Act, 1986, Part II (Prohibition of
employment of children in certain occupations and processes), Sec. 3,
Schedules A and B; as amended by Government Notification Nos. No.SO
404(E) (June 5, 1989) and No. SO. 263(E) (March 29, 1994).

71 Myron Weiner, The Child and the State in India (New Delhi: Oxford
University Press, 1991), pp. 80-81.

72 Commission on Labour Standards and International Trade, Child
Labour in India..., p. 40.

73 Ibid.

74 The prevalence of corruption among factory and labor inspectors and
other charged with enforcing child labor laws was confirmed to Human
Rights Watch by multiple sources, including an official of the
national government. See also Commission on Labour Standards, Child
Labour in India... , p. 40.

75 The Child Labour (Prohibition and Regulation) Act, 1986, Sec. 3.

76 See chapter on handwoven carpets.

77 Ibid., Sec. 10.

78 According to R. V. Pillai, the Secretary General of the National
Human Rights Commission (NHRC), there is frequent collusion between
medical officers of the government and employers of child labor, who
bribe the medical officers in order to obtain certificates stating the
children working for them are above the age of fourteen. Secretary
General Pillai stated that some medical officers are "notorious" for
engaging in these acts, to the extent that the NHRC has recommended to
some district magistrates that they file criminal charges against
corrupt medical officers. Human Rights Watch interview with Secretary
General Pillai, December 28, 1995, New Delhi.

79 "No child who has not completed his fourteenth year shall be
required or allowed to work in any factory." The Factories Act, 1948,
Sec. 67.

80 Ibid., Sec. 2(m)(I) and (ii).

81 To get around this restriction, factory owners have been known to
"partition their premises and isolate the areas where work is being
done with power." See Burra, Born to Work, p. 75.

82 According to Burra: "In order to evade the Factories Act, ninety
per cent of the units show that they have less than nine workers. In
some factories I visited, I noticed around fifty workers. But when I
asked the employer, he said there were only eight people working
there!" Ibid., p. 136.

83 The Scheduled Castes and The Scheduled Tribes (Prevention of
Atrocities) Act, 1989, Section 3(1).

84 The Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979, ch. II - ch. VI.

85 The Contract Labour (Regulation and Abolition) Act, 1970, Sec. 6,
10, and 64.

86 Campaign Against Child Labour (CACL), "Reference Kit on Child
Labour for Media Persons," January 1995.

87 All testimonies in this report are from children interviewed by
Human Rights Watch researchers in November and December, 1995, except
where otherwise noted. All names have been changed.

88 "50,000 cr beedies consumed annually," Indian Express, February 1,
1995. One crore, abbreviated as "cr," is equal to ten million.

89 Ibid.

90 Burra, Born to Work, p. xxiv. Another account estimates 248,000
child beedi workers in Tamil Nadu. See R. Vidyasagar,"A Status Report
on Child Labour in Tamil Nadu," Madras, 1995, p. 8.

91 "Children shall be free," The Hindu, September 24, 1995; "50,000 cr
beedies consumed annually," Indian Express, February 1, 1995.

92 "Ragi" is a type of grain, commonly given to South Indian
agricultural laborers instead of cash wages. See R. Vidyasagar, "Debt
Bondage in South Arcot District: A Case Study of Agricultural
Labourers and Handloom Weavers," Chains of Servitude, p. 146.

93 L. R. Jagadheesan, "Whole families are pledged for paltry sums,"
Indian Express, April 25, 1995.

94 The minimum wage for beedi rolling varies from state to state. The
wage is slightly lower in Karnataka than in Tamil Nadu, while in the
neighboring state of Kerala it is significantly higher, at forty-two
rupees per thousand beedi rolled. "50,000 cr beedies consumed
annually," Indian Express, February 1, 1995. The minimum wage does not
apply to children, but is a good indicator of the market value of
labor, and non-bonded children in the beedi industry appeared to be
receiving wages comparable to the government-set minimum wage. Many
activists and some government officials are pressing for legal reform
to apply the same minimum wage to adults and children, on the grounds
that such a move would decrease child labor and increase adult
employment.

95 This wage is actually 3.65 rupees more than the government set
minimum wage for beedi rolling (30.90 rupees per 1,000 beedies).
Regardless of whether adults or children roll beedies, they are paid
the same on a piece-rate basis. The only wage differentials
occurbetween bonded and non-bonded beedi rollers. This indicates that
there would be no significant difference between adult and child wages
when bondage is not a factor or when payment is solely based on
production (piece-rate) which is a very common way of paying people in
informal occupations where the majority of Indians, children and
adults, work. There are other examples of this. For example, in
stainless steel factories in Madras, adults and children receive the
same piece-rate wages. In Pakistan, where bonded labor is also
endemic, adults and children have been paid on the same piece-rate
basis in the country's soccer ball industry. These findings call into
question a commonly held tenet about child labor: that children's
wages depress adult wages in the same industry and that removing
children from work would automatically lead to an increase in adult
wages. In addition, Neera Burra notes that the piece-rate wage
structure in home-based, informal work actually provides an incentive
to use children, as their help increases the production, which in-turn
provides a higher family income, and says "Unless the issue of home-
based, piece-rate workers is resolved and minimum wages and social
security provided to this sector, children will continue to be
exploited." See Burra, Born to Work, p. 255. Removing children from
employment would not necessarily result in raising adult wages unless
the problems of piece-rate wages and other forms of payment based
solely on productivity are addressed as well.

96 Human Rights Watch interview with longtime social welfare activist,
November 21, 1995, Madras.

97 Jacob Varghese, "Freedom at Mid-Day," Worldvision: A Worldvision of
India Magazine, Monsoon 1993, p. 6-7.

98 National Children's Day in India is celebrated on November 14, the
birthday of Jawaharlal Nehru, one of the founding fathers and the
first prime minister of India.

99 Human Rights Watch interview with social welfare activist, November
21, 1995, Madras.

100 Ibid.

101 Vidyasagar,"A Status Report...," p. 9.

102 Ibid. Vidyasagar cites a study of one beedi manufacturing village
that found 25 percent of all beedi rollers to have tuberculosis.

103 Human Rights Watch interviews, North Arcot district, Tamil Nadu,
November 25, 1995.

104 Beedi and Cigar Workers (Conditions of Employment) Act, 1966, Sec.
2(I).

105 Asha Krishnakumar, "Reprehensible by any name: Children in beedi
industry," Frontline (Madras), November 17, 1995, p. 87.

106 Vidyasagar, "Status Report...," p. 8.

107 Local government authorities estimate there are 45,000 bonded
child laborers in the North Arcot district alone, most working in the
beedi industry. "Child Labour Abolition Support Scheme (A proposal
submitted to the International Labour Organisation)," North Arcot
Ambedkar District, 1995, p. 1. An estimated 30,000 bonded children
work in the beedi industry in North Arcot. See Vidyasagar, "A Status
Report...," p. 8. Unlike most beedi-producing areas, where 90 percent
of the workers are women and children, North Arcot district has a
significant percentage of adult male beedi workers. Vidyasagar
attributes the high rate of bondage in North Arcot to the presence of
men workers in the same industry, hypothesizing that "men use
children's labour to augment their income by keeping them under
bondage by paying low wages." Ibid.

108 "Child labour census in Tamil Nadu district," The Hindu, April 28,
1995.

109 "Child Labour Abolition Support Scheme (A proposal submitted to
the International Labour Organisation)," North Arcot Ambedkar
District, 1995, p. 8.

110 Ibid. pp. 1, 8-12, and 25.

111 Human Rights Watch interview with North Arcot District Collector
M. P. Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.

112 Depending on the circumstances of the case, a bondmaster could be
charged under the Bonded Labour System (Abolition) Act, the Child
Labour (Prohibition and Regulation) Act, or the Factories Act. As of
1995, the collector had initiated a limited number of prosecutions
under all three laws, including a handful of cases against parents who
had bonded their children. Human Rights Watch interview with North
Arcot District Collector M. P. Vijaykumar, November 27, 1995, Vellore,
Tamil Nadu; "Project Proposal for Community-Based Convergent
Services," North Arcot Ambedkar District, June, 1995, p. 15 Most
activists agree that prosecution of parents is misguided. Among
prosecuted employers, as of December 1995 the collector had not aimed
for prison sentences, but instead sought only modest fines.

113 North Arcot Ambedkar District, "Child Labour Abolition Support
Scheme (CLASS)," Proposal submitted to International Labour
Organisation, 1995, p. 10.

114 Reddy, Bonded Labour System in India, p. 56.

115 Human Rights Watch interview with North Arcot District Collector
M. P. Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.

116 Vidyasagar, "A Status Report ...," p.9.

117 The "silver" referred to throughout this discussion is not pure
silver, but a blend of silver and lesser metals.

118 The figure of 100,000 working children in Salem is based on a
social scientist's finding that Salem district accounts for 10.93
percent of all child workers in the state of Tamil Nadu, and the 1981
census figures of 975,055 working children, below the age of fourteen,
in Tamil Nadu. See Vidyasagar, "A Status Report...," pp. 2 -3. Based
on more reliable statistics and analyses, however, Vidyasagar himself
estimates that there are four million working children in Tamil Nadu,
which would indicate about 400,000 child laborers in Salem district
alone. Ibid., p. 5.

119 Ibid., p. 14.

120 Human Rights Watch interview with the chief of a village near
Salem, Tamil Nadu, November 30, 1995.

121 Background information on the silver industry of Salem was
provided during a Human Rights Watch interview with staff members of a
local nongovernmental organization, November 30, 1995. It requested
anonymity in order to avoid possible repercussions against its
programs or staff.

122 Human Rights Watch interview with a social worker who works with
the children in this industry, Salem, November 28, 1995.

123 Human Rights Watch interview with a small-scale silver smithy
owner who, at the time of the interview, had three bonded children
working, Salem, November 30, 1995.

124 See chapter on applicable law.

125 Human Rights Watch telephone interview with Project Officer J. L.
Poland, December 1, 1995, Salem, Tamil Nadu. The district government's
goal was to establish twenty such schools, with one hundred working
children in each.

126 Ibid. Instead of prosecuting, the office is employing a
"cooperative approach" and "working with the companies [that employ
child laborers]," according to the project officer. A local activist
put this another way. "He [the district collector] is collaborating
with the big mill and factory owners.... They [government officials]
will never worry about the welfare of the child labourers." Human
Rights Watch interview, November 30, 1995.

127 Ibid.

128 Report of the Commission on Bonded Labour in Tamilnadu, submitted
to the Supreme Court for Supreme Court Civ. Writ Petition No. 3922 of
1985. October 31, 1995, Madras, Tamil Nadu, p. 75.

129 Vidyasagar, "A Status Report...," p. 12.

130 Report of the Commission on Bonded Labour in Tamilnadu, p. 76.
Those few gem workers who are not scheduled caste members are members
of lower castes.

131 "A training centre on synthetic diamonds production," The Free
Press Journal, January 16, 1996.

132 Ibid.

133 Ibid.

134 Ibid.

135 There have been several other problems with this initiative.
According to the director of a local social welfare organization, the
new machines, which the government encouraged people to buy, were very
expensive (valued at 8,000 rupees each) and were sold to participants
by government agents at an inflated price (up to 16,000 rupees each).
These purchases were financed by bank loans set up with government
assistance, and buyers were then saddled with long-term bank debts. A
second problem was over saturation of the market as a direct result of
the gem park scheme. More than 6,000 people bought these machines and
were trained to use them. Many of these buyers were entering into the
industry for the first time, enticed by government promises of steady
earnings. With more and more American diamonds being produced, a glut
in the market soon developed. Within a year, many of the machines
stood idle, their owners having defaulted on the loans and begun
looking for other means of income generation. Another accusation
against the program is that the training process has been inadequate,
with the result that some participants never even learned how to use
their machines. Some machines, then, were idle from the start. That
the production glut happened anyway underscores an even greater
potential for market flooding.

136 Report of the Commission on Bonded Labour in Tamilnadu, p. 76.

137 There are five distinct stages of gem production: slicing,
shaping, preforming, faceting, and polishing. Each of these stages
requires minute and sustained attention to detail. Report of the
Commission on Bonded Labour in Tamilnadu, p. 75.

138 Vidyasagar, "A Status Report...," p.13, citing eye specialist Dr.
Jaiswal. According to Dr. Jaiswal, eyeglasses are not usually required
by the general population until after the age of thirty-five.

139 "Silk Exports May Fall 20 Percent," Business Line, March 7, 1996.

140 Ibid.

141 "Indo-German Trade Surges By 20% to DM 8.17 Billion," Business
Standard, June 12, 1996.

142 See Sanjay Sinha, The Development of Indian Silk: A Wealth of
Opportunities (New Delhi: Oxford and IBH Publishing Co. Pvt. Ltd.,
1990), p. 46-47, 56-59; government subsidies as of 1990 totaled $20
million annually; The Hindu, "Sericulture project for 7 more
districts," November 21, 1995, p. 5. The article reported that World
Bank funding of sericulture projects would continue and the annual
production of silk was expected to more than double by end of eight-
year project. "Sericulture" refers to the culture of the silkworm.

143 "Silk Exports May Fall 20 Percent," Business Line, March 7, 1996.

144 Public Interest Research Group, The World Bank and India (New
Delhi: Public Interest Research Group, 1994), p. 81.

145 Ibid., p. 82.

146 "Karnataka to Have 7 Integrated Silk Growth Centres," Business
Line, January 31, 1996; "Silk-Mixed Fare on the Cards for the Future,"
Economic Times, February 3, 1996.

147 The World Bank, India-UP Diversified Agriculture Support Project
(DASP), Project Identification Number INPA35824, Proposal Date: March,
1995.

148 The World Bank, Working With NGOs (Washington D.C.: The World
Bank, 1994), p.5.

149 There is also a significant amount of bonded child labor in the
silk powerloom industry, with at least 35,000 bonded children working
the powerlooms of Tamil Nadu alone. This area demands further
investigation and action on the part of government authorities, but is
beyond the scope of the present report.

150 Human Rights Watch interview with researcher R. Vidyasagar,
November 17, 1995, Madras; Report of the Commission on Bonded Labour
in Tamilnadu, October 31, 1995, Madras, submitted in connection with
Supreme Court Civ. Writ Petition No. 3922 of 1985, p. 73; R.K. Misra,
Preliminary Report on the Child Labour in the Saree Industry of
Varanasi, Human Rights Cell, Banaras Hindu University, Varanasi, 1995,
p. 10.

151 Misra, Child Labour in the Saree Industry of Varanasi, p. 3.

152 Human Rights Watch interview with director of government cocoon
market, December 7, 1995, Magadi, Karnataka.

153 No systematic study has been undertaken on child labor in the silk
industry of Karnataka. Nonetheless, a detailed study of one Taluk
(subdivision of a district) near Bangalore found 10,000 bonded child
silk workers in that Taluk alone. Based on this figure,an overall
estimate of 100,000 is conservative.

154 Sinha, The Development of Indian Silk: A Wealth of Opportunities
(New Delhi: Oxford and IBH Publishing Co. Pvt. Ltd., 1990), p. 11.

155 Ibid., p. 31.

156 Ibid. at 31.

157 Memorandum to Human Rights Watch from author Rudi Rotthier and
photographer Marleen Daniels, November 1, 1995 (Rotthier/Daniels
memorandum).

158 Human Rights Watch interviews, December 6, 1995, Ramanagaram,
Karnataka.

159 Results of a 1995 survey conducted by social service organization
in Magadi Taluk, rural Bangalore District, Karnataka.

160 Rotthier/Daniels memorandum.

161 Human Rights Watch interview with social activist, December 7,
1995, rural Bangalore district.

162 Human Rights Watch witnessed many children working in the twining
factories and spoke with several of them briefly, usually in view of
their employers. We were unable to gain access to the children in a
setting more secure and conducive for interviews. Instead, we relied
largely on information provided by a local social welfare
organization. Although the particulars of these three testimonies were
confirmed repeatedly by our own conversations and observations, the
testimonies themselves were recorded by this organization and not by
Human Rights Watch.

163 Rotthier/Daniels memorandum.

164 Sinha, The Development of Indian Silk, p. 63.

165 A researcher who undertook a detailed study of the industry
reported that girls who work in the silk factories tend to have
irregular and very painful menstrual periods, and may suffer other
reproductive problems. Human Rights Watch interview with social
activist in a village in Rural Bangalore district, Karnataka, December
7, 1995. A female leather worker interviewed in Ambur, Tamil Nadu,
reported the same phenomenon in the shoe factories of that town. To
Human Rights Watch's knowledge, there has been no effort by the
government to investigate these or other health problems experienced
by working children.

166 Ibid.

167 Human Rights Watch interview with researcher R. Vidyasagar, Nov.
17, 1995, Madras; Report of the Commission on Bonded Labour in
Tamilnadu, Oct. 31, 1995, Madras, submitted in connection with Supreme
Court Civ. Writ Petition No. 3922 of 1985, p. 76.

168 Misra, Preliminary Report on the Child Labour, p. 8.

169 Sinha, Development of Indian Silk, p. 34.

170 On November 24-25, 1995, Human Rights Watch interviewed forty
people in four of the Kanchipuram area regarding the use of bonded
child labor in the silk handloom industry. Most of those interviewed
were bonded child laborers; others were parents of working children,
non-bonded child workers, owners, employers, and agents. Except where
otherwise noted, all information regarding the practices of the
Kanchipuram silk industry was obtained during these interviews. All
information regarding the practices of the Varanasi silk industry is
from Misra, Preliminary Report on the Child Labour, except where
otherwise noted.

171 Human Rights Watch interview with researcher R. Vidyasagar, Nov.
17, 1995, Madras, Tamil Nadu.

172 Misra, Preliminary Report on the Child Labour, p. 8.

173 Misra, Preliminary Report on the Child Labour, p. 11.

174 Ibid., p. 30.

175 Ibid., pp. 10-11.

176 One wealthy employer told Human Rights Watch researchers, in an
interview in Kanchipuram on November 23, 1995, that he has suffered
losses totaling 200,000 rupees because of children running away. While
he declined to specify how many children ran away or over what period
of time this loss occurred, this figure is a clear indicator of the
desperate conditions and deep suffering of the bonded child laborer's
life.

177 B.N. Juyal, Child Labour: The Twice Exploited (Varanasi: Gandhian
Institute of Studies, 1985).

178 Jagaran, Dec. 14, 1994 (cited by Misra, Preliminary Report on the
Child Labour, p. 5).

179 Ibid.

180 Misra, Preliminary Report on the Child Labour, p. 47.

181 "Thousands of persons are committing offenses under this act every
year. However not one person is known to have been convicted in
Varanasi." Ibid., p. 44. Nor have there been any convictions in the
Kanchipuram area.

182 See chapter on applicable law.

183 Human Rights Watch interview with North Arcot District Collector
M. P. Vijaykumar, Nov. 27, 1995, Vellore, Tamil Nadu; Misra,
Preliminary Report on the Child Labour, p. 42.

184 Human Rights Watch interview with director of government cocoon
market, Dec. 7, 1995, Magadi, Bangalore Rural District, Karnataka.

185 Sinha, Development of Indian Silk, pp. 47, 57.

186 "By the Skin of Its Teeth - Indian Leather Industry," Financial
Express Investment Week, August 9, 1995; "Indian Shoe Manufacturers
Increased Exports Rs. 9.14 Bil in 1994-95, Compared With Rs. 5.23 Bil
in 1992-93," Reuters, March 27, 1996.

187 Prakash Mahtani, Chairman of the Council for Leather Exports,
predicted exports valuing seven billion dollars by the year 2000.
Sharika Muthu, Times of India, Shoe Fair Supplement, "Global Giants
Stepping into Indian Shoes," Oct. 17, 1994.

188 The Factories Act, 1948, Sec. 2(m)(i) and (ii); The Child Labour
(Prohibition and Regulation) Act, 1986, Sec. 3. (The act does not
apply to workshops where occupier is assisted by family).

189 See chapter on the role of the government.

190 Based on our observations of the Bombay leather shoe industry,
girl workers comprise approximately 5 percent of the child workers
overall.

191 Human Rights Watch interview with local resident and shoemaker,
January 16, 1996, Bombay.

192 A small percentage of the boys are brought in from Uttar Pradesh
and other parts of Maharashtra. These children make wooden heels for
shoes, while the children from Rajasthan make the leather sandals
known as chappals. Times of India, "Children toil for 12 hours in
chappal units," February 12, 1996.

193 The information on Rajasthani shoemaking communities was gathered
during several Human Rights Watch interviews in villages near
Viratnagar, Rajasthan, Dec. 13-14, 1995.

194 At the same time, their daughters are being forced into carpet-
weaving. See chapter on carpets.

195 Bonded Labour System (Abolition) Act, Sec. 2(1)(g)(I)(1).

196 Ibid., Sec. 2(1)(I)(a) and (b). Because no minimum wages have been
set by the government for children's work, the second prong of this
definition applies.

197 People's Union for Democratic Rights v. Union of India, (1982) 3
SCC 235, paragraphs 259-260.

198 Times of India, "Children toil for 12 hours in chappal units,"
February 12, 1996.

199 According to the Ministry of Labour, 84.98 percent of child labor
is in agriculture. Ministry of Labour, Government of India, "Children
and Work," produced for Workshop of District Collectors/District Heads
on "Elimination of Child Labour in Hazardous Occupation," New Delhi,
September 13-14, 1995, p. 3. For statistics on bonded child laborers,
see Burra, Born to Work..., pp. 32-33, the range is so great because
no definitive study has been undertaken to determine the number of
bonded child laborers in agriculture. The 85 percent of all bonded
laborers was confirmed by Anti-Slavery International in a telephone
interview with Human Rights Watch on August 14, 1996; but like other
statistics on bonded and child labor, no comprehensive survey has been
taken to document this.

200 Dalit groups have largely rejected the terms "untouchable" and
"harijan" (children of God) to describe their communities. They are
also referred to as "scheduled castes," a term which like "scheduled
tribes" refers to groups designated on a schedule attached to the
Indian Constitution as entitled to special consideration, including
some quotas for educational and career opportunities, in recognition
of their historically disadvantaged status. Many, if not the majority
of India's bonded laborers are members of the Dalit communities, or
are "scheduled tribes"-indigenous tribal people, also known as
adivasi. However, in some industries, Dalits occupy positions other
than bonded laborers. In the silk industry, for example, some loom-
owners and weavers are also Dalits.

201 See for example, A.R. Desai, ed. Repression and Resistance in
India, (Bombay: Popular Prakashan Private Ltd., 1990).

202 All interviews by Human Rights Watch, December 9, 1995, Anekal
Taluk, Bangalore Rural District.

203 Kiran Kamal Prasad, "Bonded Labour in Anekal Taluk, Bangalore
Urban District, Karnataka" (Guddhati village: Self published, March
12, 1991), p.4.

204 Ibid.

205 Government of India, 8th Five Year Plan: 1992-1997 (New Delhi:
Cosmos Bookhive (P) Ltd., 1992), pp. 64-65.

206 Kiran Kamal Prasad, "Bonded Labour in Karnataka," (Bangalore: Self
published, 1995), p. 4.

207 Ibid.

208 Ibid.

209 Ministry of Labour statistics on bonded labour are cumulative
totals. For a further discussion of these statistics and their
methodology, see below.

210 Kiran Kamal Prasad, "Bonded Labour...", p. 3.

211 Ibid, p. 2.

212 "23 Children Rescued from Bondage," The Statesman, January 26,
1996.

213 Pradeep Mehta, "Cashing in on Child Labor."

214 Ela Dutt, "Rug Firms With No Child Labor Need Help," India Abroad,
February 3, 1995.

215 See Hamish McDonald "Boys of bondage: Child labour, though banned,
is rampant," Far Eastern Economic Review, July 9, 1992, p. 19 (with
arrival of Nepali children, including girls, reports of sexual abuse
and rape increasing).

216 "Mirzapur Carpets - Taking Exports to a New High," Economic Times,
June 10, 1996.

217 Since 1994, the carpet industry has been experiencing a decline in
terms of global market share. It declined to a 17 percent share of the
global market in 1995, from 21 percent in 1994. Most reports attribute
this to increased competition from China and Iran. "Hand-Knotted
Carpet Units Losing Out to China, Iran," Financial Express, March 12,
1996; "Mirzapur Carpets - Taking Exports to a New High," Economic
Times, June 10, 1996.

218 "Steps taken to Curb Child Labour in Carpet Industry," Times of
India, December 11, 1995.

219 India's total exports in 1995 were $26.2 billion; carpet exports
were valued at $650 million, or about 2.5 percent of the total
exports.

220 "Steps taken to Curb Child Labour in Carpet Industry."

221 Edward A. Gargan, "Bound to Looms by Poverty and Fear, Boys in
India Make a Few Men Rich," New York Times, July 9, 1992.

222 "Mirzapur Carpets - Taking Exports to a New High."

223 Molly Moore, "Factories of Children; Youth Labor Force Growing in
Asia to Meet Export Demand, Help Families," Washington Post, May 21,
1995. Although the highest concentration of carpet villages is in
Mirzapur district, carpet manufacturing is also a dominant industry in
the neighboring districts of Allahabad, Varanasi, and Jaunpur.

224 Neera Burra, Born to Work, p. xxii.

225 According to one 1995 report, carpet manufacturers have found a
new way to exploit the poverty of the Bihar inhabitants: in addition
to bringing Bihar children into bondage in the carpet belt,
manufacturers are beginning to bring bondage to the children, setting
up hundreds of looms in the poorest districts of Bihar. See "Ex-child
labourers make a fresh start," Times of India, July 31, 1995.

226 Anti-Slavery International (ASI), "Slavery Today in India,"
Factsheet B, July 1994. According to ASI, 10,000 boys have been
kidnapped from the boys' district (Chichoria, Bihar) alone.

227 Prem Bhai, "The Working Conditions of the Child Weaver in the
Carpet Units of Mirzapur and Summary of Findings," Law Relating to
Employment of Children, 1985, p. 146.

228 Shamshad Khan, "Migrant Child Labour in the Carpet Industry of
Mirzapur-Bhadohi," (undated).

229 A detailed 1984 study found that approximately 50 percent of
migrant child weavers were paid only in food; another 40 percent of
them received only one or two rupees per day. Prem Bhai, "Working
Conditions of the Child Weaver..." p. 151.

230 Except where otherwise noted, all child testimonials from the
carpet belt are drawn from Human Rights Watch interviews, December 19,
1995, in several rural villages of Mirzapur district, Uttar Pradesh.

231 See especially Prem Bhai, "The Working Conditions of the Child
Weaver in the Carpet Units of Mirzapur and Summary of Findings," Law
Relating to Employment of Children, 1985.

232 See, e.g., "Ex-Child Labourers make a Fresh Start," Times of
India, July 31, 1995.

233 Information on health risks from Human Rights Watch interviews in
Mirzapur district, Uttar Pradesh, and Jaipur district, Rajasthan; also
McDonald, "Boys of bondage...," July 9, 1992, p. 18; Shamshad Khan,
"Improvement in Health, Hygiene and Nutritional Status of Child Labour
in Carpet Industry: Experience of CREDA," February 26, 1990.

234 Molly Moore, "Factories of Children; Youth Labor Force Growing in
Asia to Meet Export Demand, Help Families," Washington Post Foreign
Service, May 21, 1995.

235 "19 Children Rescued from Bonded Labour," Indian Express, Nov. 9,
1995.

236 Bhai, "The Working Conditions of the Child Weaver...", p. 151.

237 Ibid., p. 152.

238 Pradeep Mehta, "Cashing in on Child Labor."

239 See McDonald, "Boys of Bondage...," p. 19.

240 See chapter on leather for a more detailed discussion of the
Rajasthani shoemaking communities.

241 Approximately 80 percent of the child carpet-makers in Rajasthan
are female (Human Rights Watch interview with social activist,
December 14, 1995, Viratnagar). This is quite different from the
pattern in the Uttar Pradesh carpet belt, where 95 percent of the
carpet-makers are male.

242 Human Rights Watch interview, December 13, 1995, village near
Viratnagar, Jaipur district, Rajasthan.

243 Ibid.

244 Anti-Slavery International, "Slavery Today in India," Factsheet B,
July 1994.

245 Ibid. As of 1991, the number of government-run carpet-training
centers was reported as approximately two hundred. Weiner, The Child
and the State in India, p. 86.

246 Human Rights Watch interview with local children's rights
activist, December 13, 1995, Viratnagar, Rajasthan.

247 B. N. Juyal, "Official Schemes Exacerbate Situation in Northern
States," Vigil India, No. 69, August 1995, p. 6.

248 Ibid.

249 Ibid. Under the Emergency of 1975-1977, then Prime Minister Indira
Gandhi suspended civil liberties, arrested hundreds of opposition
leaders and activists, and attempted to push through a number of
economic reforms, including new development programs.

250 Indian Constitution, Article 24.

251 Gargan, "Bound to Looms..."

252 McDonald, "Boys of bondage ..." p. 19 .

253 Ibid.

254 Human Rights Watch interview with Mirzapur District Collector
Bachittar Singh, December 19, 1995, Mirzapur, Uttar Pradesh.

255 Human Rights Watch interview with Rajasthan Labour Commissioner
Ashok Shekhar, December 15, 1995, Jaipur, Rajasthan.

0 S. B. Civil Writ Petition No. 263/1995, Ugam Raj Mohnot v. State of
Rajasthan and Others, filed January 18, 1995, before the High Court of
Judicature for Rajasthan, Jaipur Bench, Jaipur. The writ requests,
inter alia, that the Court "direct the State Government to make Rules
under the Child Labour (Prohibition and Regulation) Act, 1986, and to
implement the provisions of this act forthwith strictly..." The
petitioner is coordinator of the Rajasthan branch of the Centre of
Concern for Child Labour (CFCCL) and he filed the petition on behalf
of the organization.

1 Civ. Writ Petition No. 3922 of 1985 with Civ. Writ Petition No. 153
of 1982, Record of Proceedings, August 7, 1995.

2 Human Rights Watch interview with Ms. Srilata Swaminathan, Rajasthan
Kisan Sangathan, December 13, 1995, Jaipur, Rajasthan.

3 Commission on Labour Standards and International Trade, Child Labour
in India..., p. 41.

4 This section discusses the government's child labor programs. These
are not programs designed specifically to address the needs of bonded
child laborers; as of July 1996, the Indian government has no such
program.

5 UNICEF, "Child Labour: UNICEF India Position," 1995, p. 4. There are
467 districts in all of India.

6 See Commission on Labour Standards and International Trade, Child
Labour in India..., p. 42-45 (describing eighteen policies, laws,
committees, etc. established by central government since 1921).

7 Ibid., p. 45.

8 Ibid.

9 "Non-formal education" is typically part-time instruction that
emphasizes basic literacy and life skills. It is geared toward working
children.

10 The majority of the funds for this program were provided by the
International Programme on the Elimination of Child Labour (IPEC), a
program of the International Labour Organisation. IPEC focuses on "the
worst abuses of child labour: hazardous work, forced labour, the
employment of working children who are less than 12 or 13 years old,
girls and street children." The NGO Group for the Convention on the
Rights of the Child, 1993, "Eliminating the Exploitation of Child
Labour: International, national and local action," May 1993, p. 8.

11 Commission on Labour Standards, "Child Labour in India," p. 49
(source: Ministry of Labour). Additional IPEC programs serve nearly
55,000 children. Ministry of Labour, Government of India, "Children
and Work," Workshop of District Collectors/District Heads on
"Elimination of Child Labour in Hazardous Occupations," New Delhi,
September 13-14, 1995, p. 11.

12 Ministry of Labour, "Children and Work," p. 5.

13 "Data on Child Labour yet to be Compiled," The Hindu, April 10,
1995, p. 13. The article uses the figure of 850 crore rupees; one
crore is equal to ten million.

14 Ministry of Labour, "Children and Work," p. 5.

15 "India has told the International Labour Organisation it requires
no external financial assistance for the various remedial measures it
is taking [to eliminate children from the workforce in hazardous
industries]." "Collectors Meeting on Child Labour," The Statesman
(Calcutta edition), September 10, 1995; "Government today informed the
Rajya Sabha that it had rejected the offer by some countries to help
India check the problem of child labour, saying it preferred to depend
on its own resources." "India rejects aid to tackle child labour," The
Statesman, March 12, 1996; "India spurns aid to abolish child labour,"
Times of India, February 11, 1996.

16 The issue of foreign aid also underscores the government's
sensitivity to external critiques of child labor in India. According
to one diplomat in New Delhi, "the Indian government is known to have
discouraged suggestions, including one from the European Union, for
financial assistance." The diplomat attributed this stance to a desire
by the government "to avoid any meddling in its programme for
abolition of child labour," pointing out that international funding
brings with it accountability for the use of funds, something the
Indian government may wish to avoid. "India spurns aid," Times of
India, Feb. 11, 1996. Others believe that the government is
positioning the issue of external aid as a bargaining chip in the
ongoing debate over a linkage between trade and labor. Under this
view, "[i]f the developed countries demand that the pace of compliance
with international labour standards should be faster... India could
then ask for a substantial part of the cost of the programmes to be
shared by the developed countries." Ibid.

17 The twenty million figure was used by then-Prime Minister Rao on
August 15, 1994, when he announced the government's goal of releasing
two million child workers from hazardous industries by the year 2000.
Campaign Against Child Labour, "Reference Kit for Media Persons,"
January 1995, p. 8.

18 Department of Women and Child Development, Indian Council for Child
Welfare, and UNICEF, India Country Office, "Rights of the Child:
Report of a National Consultation, November 21-23, 1994, p. 102.

19 N.K. Doval, "Double-speak on child labour," The Hindu, December 28,
1994; Ministry of Labour, Children and Work, September 13-14, 1995.
Based on 1981 figures, the Planning Commission for the Census of India
estimated that there were seventeen and a half million child laborers
under the age of fourteen in 1985, eighteen million in 1990, and 20
million in 1995 See Commission on Labour Standards, Child Labour in
India, p. 3

20 Gerry Pinto, UNICEF, "Child Labour in India: The Issue and
Directions for Action," 1995, p. 2; UNICEF et al., "Rights of the
Child," p. 101.

21 Ministry of Labour, Children and Work, September 13-14, 1995, p. 2.
Preliminary numbers released from the 1991 census include a total
population of 844 million people, 298 million of whom are children
under the age of fifteen. Of these children, 221million live in rural
areas and seventy-one million in urban areas. These numbers are
already considered out of date, with most sources reporting an overall
population of more than 900 million. India's population is expected to
cross the one billion mark by the turn of the century.

22 Human Rights Watch interview with National Human Rights Commission,
Secretary General R. V. Pillai, New Delhi, December 28, 1995.

23 This chapter discusses only certain aspects of the Bonded Labour
System (Abolition) Act. For a more comprehensive overview, see the
chapters on the legal context of bonded child labor and on the beedi
industry. The full text of the act may be found in the appendix.

24 Bonded Labour (System Abolition) Act, Ch. IV, Art. 10, Art. 12 and
Ch. V, Art. 14. There are twenty-five states in India and 467
districts. Stanley Wolpert, India (Berkeley: University of California
Press, 1991), p. 199; UNICEF, "Child Labour: UNICEF India Position,"
1995, p. 4.

25 See chapter on applicable law for details of the committees'
duties.

26 Judgement in Writ Petition No. 1187, 1982 (cited in Vivek Pandit,
"Prevention of Atrocities (Scheduled Castes/Scheduled Tribes): Bonded
Labour, Their Rights and Implementation", 1995), p. 7.

27 Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC, paragraphs
243, 255 (1984).

28 For details, see chapter on applicable law.

29 Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC 243, paragraphs
245-246 (1984).

30 Pandit, "Bonded Labour," p. 18.

31 Ministry of Labour, Annual Report 1994-1995, p. 97.

32 See, e.g., Mahajan and Gathia, Child Labour: An Analytical Study,
p. 25. Not only is the incidence of bonded child labor increasing, but
the wages paid to bonded laborers are steadily decreasing in real
terms. S.P. Tiwary, "Bondage in Santhal Parganas," Chains of
Servitude..., p. 206.

33 "Citizen's [sic] Body on Bonded Labour," Times of India, November
18, 1994.

34 Report of the Commission on Bonded Labour in Tamilnadu, October 31,
1995, Madras, p. 208, Part VIII, para. A. This report was submitted by
order of the Supreme Court in connection with Supreme Court Civ. Writ
Petition No. 3922 of 1985 (Public Union for Civil Liberties v. State
of Tamil Nadu and Others).

35 Sarma, Welfare of Special Categories of Labour, p. 55, citing
1989-90 Ministry of Labour statistics.

36 Ministry of Labour, Annual Report 1994-95, p. 97.

37 "Citizen's [sic] Body on Bonded Labour," Times of India, November
18, 1994.

38 Ibid.

39 Affidavit on behalf of the State Government of Tamil Nadu, October
7, 1994. This affidavit was submitted by order of the Supreme Court in
connection with Supreme Court Civ. Writ Petition No. 3922 of 1985
(Public Union for Civil Liberties v. State of Tamil Nadu and Others).

40 The case that sparked this inquiry, Public Union for Civil
Liberties v. State of Tamil Nadu and Others, was filed in 1985. Much
of the delay in its resolution is due to the state governments'
failure to respond to court directives in a timely manner. In its
order requiring the states to report on bonded labor practices, the
court noted that "It does appear to us that no significant progress
has been made by the concerned authorities and it is not unlikely that
the attitude of the concerned authorities is not enthusiastic as one
would expect in a matter of such significance." Record of Proceedings,
May 13, 1994. As of August 1996, Human Rights Watch has been unable to
find out whether the case has been resolved.

41 Human Rights Watch interview with Ashok Shekhar, Labour
Commissioner for Rajasthan, December 15, 1995, Jaipur, Rajasthan.

42 Human Rights Watch interview with Ashok Bhasin, Deputy Labour
Commissioner for Gujarat, December 15, 1995, Jaipur, Rajasthan.

43 Manoj Dayal, "Abolition of Bonded Labour an Eye-wash in Bihar,"
Patrika, December 26, 1995.

44 Department of Women and Child Development, Indian Council for Child
Welfare, UNICEF-India, "Rights of the Child: Report of a National
Consultation, November 21-23, 1994, p. 102.

45 The inability to come up with basic statistics regarding
enforcement was not an aberration, but rather just one example of a
chronic failure to keep-and make public-this information. See, e.g.,
"Scheme to divert kids from hazardous units," Indian Express, February
27, 1995.

46 The questions we asked of the Director General of Labour Welfare
included questions regarding: agency estimates of the number of bonded
child laborers in India; the number of district vigilance committees
currently in operation, and their activities to date; the number of
cases prosecuted under the Bonded Labour System (Abolition) Act and
the results of these prosecutions; the number of people rehabilitated
under the Bonded Labour System (Abolition) Act; whether any bonded
child laborers have ever been rehabilitated under the act; and the
agency opinion regarding the case of bonded labor currently before the
Supreme Court, in which thirteen states are accused of allowing
widespread bonded labor to flourish.

47 Commission on Labour Standards and International Trade, Child
Labour in India: A Perspective, June 10, 1995, p. 33. Inspections by
the national government presumable took place in New Delhi and other
centrally-administered territories.

48 Ibid.

49 N.K. Doval,"Double-Speak on Child Labour," The Hindu, December 28,
1994.

50 Molly Moore, "Poverty Weaves Harshness Into Lives," Guardian
Weekly, June 4, 1995, p. 19 (reprint from Washington Post) (of 4,000
convictions reported under the Act since 1986, 3,500 offenders got off
with a fine equivalent to five dollars or less; figures from report by
an Indian Chamber of Commerce and the International Labour
Organisation). The assertion that there have been 4,000 convictions
under the act does not coincide with the data released by the
government regarding 1990 to 1993 convictions, reported above. The
government's figures of 772 convictions for one three year period
indicate that, since the act was passed in 1986, total convictions
probably number 2,500 or less.

51 Hema Shukla, "India Insincere in Ending Child Labor," United Press
International, September 12, 1994.

52 Human Rights Watch interview with North Arcot District Collector M.
P. Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.

53 Human Rights Watch interview with senior state official, a former
district collector of Tamil Nadu, November 22, 1995, Madras, Tamil
Nadu.

54 Human Rights Watch interviews, November 17 - December 1, 1995,
Tamil Nadu.

55 Human Rights Watch interview with social activists, December 22,
1995, Firozabad, Uttar Pradesh. See also Burra, Born to Work, p. xxiii
(of 200,000 glass workers in Firozabad, 50,000 are children).

56 Srawan Shukla, "Childhood goes up in Smoke in the `Land of Glass,'"
Times of India, November 19, 1994.

57 Human Rights Watch interview with R. V. Pillai, Secretary General,
National Human Rights Commission, December 28, 1995, New Delhi.

58 Ministry of Labour, Annual Report 1994-1995, pp. 96-97.

59 Ibid., p. 97.

60 The case, Public Union for Civil Liberties v. State of Tamil Nadu
and Others (Civ. Writ Petition No. 3922 of 1985), is investigating the
practice of bonded labor, and the states' failure to eradicate that
practice, in the states of Karnataka, Madhya Pradesh, Kerala, Andhra
Pradesh, Rajasthan, Haryana, West Bengal, Bihar, Uttar Pradesh,
Maharashtra, Tamil Nadu, Gujarat, and Meghalaya.

61 Public Union for Civil Liberties v. State of Tamil Nadu and Others,
Civ. Writ Petition No. 3922 of 1985 with Civ. Writ Petition No. 153 of
1982, Record of Proceedings, August 7, 1995, p. 2.

62 Ibid., p. 3.

63 G. V. Krishnan,"TN has 10 Lakh [one million] Bonded Workers, says
Panel," Times of India, March 1, 1996.

64 Ibid.

65 Reddy, Bonded Labour System in India, p. 153. Citing 1988-89
Ministry of Labour statistics.

66 Sarma, Welfare of Special Categories of Labour, p. 55, citing
1989-90 Ministry of Labour statistics.

67 Ministry of Labour, Annual Report 1994-95, p.97.

68 Manoj Dayal, "Abolition of Bonded Labour an Eye-wash in Bihar,"
Patrika, December 26, 1995.

69 Ministry of Labour, Annual Report 1994-95, p. 97.

70 Hoshiar Singh, Administration of Rural Development in India (New
Delhi: Sterling Publishers Pvt. Ltd., 1995), pp.165-188.

71 "Allocations for Labour Schemes Unutilised," Times of India, March
15, 1996.

72 Human Rights Watch interview, December 29, 1995, New Delhi.

73 Ibid. See also Reddy, Bonded Labour System in India, p. 171.

74 Report of the Commission on Bonded Labour in Tamil Nadu, October
31, 1995, Madras, submitted for Supreme Court Civ. Writ Petition No.
3922 of 1985, Part V, p. 1.

75 We asked the Director General of Labour Welfare for India for these
statistics, but he declined to respond.

76 Reddy, Bonded Labour System in India, p.161.

77 Human Rights Watch interview with District Collector M. P.
Vijaykumar, November 27, 1995, Vellore, Tamil Nadu.

78 Ibid. See also "8 Beedi Agents held under Bonded Labour System
(Abolition) Act," Indian Express, September 10, 1995.

79 Commission on Labour Standards and International Trade, Child
Labour in India..., p. 9 ("There is also apathy amongst State
Governments. Most states do not have yet in place the framing of rules
for the enforcement of the Child Labour (Prohibition and Regulation)
Act of 1986, nearly a decade later!"). The Commission on Labour
Standards and International Trade was appointed by the Indian
government in August 1994 for the purpose of studying "Issues
Concerning the Protection of Labour Rights and Related Matters."
Ibid., appendix 1.

80 Human Rights Watch telephone interview with Belgian journalist Rudi
Rotthier, October 19, 1995.

81 The Supreme Court noted this in directing states to include social
action groups in their efforts against bonded labor, stating that
"patwaris and tehsildars [local leaders] [are] either in sympathy with
the exploiting class or lacking in social commitment or indifferent to
the misery and suffering of the poor . ." Crim. Writ Petition No. 1263
of 1982, Neeraja Chaudhary v. State of Madhya Pradesh, 3 SCC
paragraphs 243, 251 (1984).

82 Human Rights Watch interview with attorney Jose Varghese, November
15, 1996, New Delhi.

83 Child Workers News, Vol. 2, No. 2, April-June 1994.

84 Crim. Writ Petition No. 1263 of 1982, Neeraja Chaudhary v. State of
Madhya Pradesh, 3 SCC 243, paragraph 252 (1984).

85 Tiwary, "Bondage in Santhal Parganas," Chains of Servitude, p.
207.

86 "Bonded labour is employed by powerful landlords from whom the many
political parties draw political support and this poses a major
obstacle to implementation of the legislation. The power of those
opposed to the eradication of bondage ensures the continuation of the
economic conditions which nurture the system." See Mahajan and Gathia,
Child Labour: An Analytical Study, p. 25.

87 Human Rights Watch interviews with local social activists, December
1, 1995, Trichy, Tamil Nadu, and December 18, 1995, Varanasi, Uttar
Pradesh.

88 These phenomena are discussed in previous chapters.

89 Human Rights Watch interview with Jose Varghese, November 15, 1995,
New Delhi.

90 Human Rights Watch interview with Supreme Court attorney, December
29, 1996.

91 For example, see Ajoy Kumar, "From Slavery to Freedom: The Tale of
Chattisgarh Bonded Labourers," Indian Social Institute, 1986, pp.
12-13.

92 Ministry of Labour, Annual Report 1994-1995, p. 97.

93 See G. Satyamurty, "Trouble Dogs Freed Bonded Labourers," The
Hindu, October 27, 1994; also, in a memorandum to Human Rights Watch,
journalists Marleen Daniels and Rudi Rotthier reported their discovery
in a rural village that, of twenty-one children liberated from bondage
in 1993, nineteen had been returned to bondage one year later.
(Rotthier/Daniels memorandum to Human Rights Watch, November 1,
1995).

94 For example, in Tamil Nadu, the rehabilitation allowance for a
bonded laborer released in December 1992 was not approved for
distribution until March 1994. Report of the Commission on Bonded
Labour in Tamil Nadu, October 31, 1995, Madras, submitted in
connection with Supreme Court Civ. Writ Petition No. 3922 of 1985, p.
18.

95 See Commission on Labour Standards and International Trade, Child
Labour in India..., p. 40.

96 See Neeraja Chaudhary v. State of Madhya Pradesh, paragraph 251.

97 Report of the Commission on Bonded Labour in Tamil Nadu, October
31, 1995, Madras, submitted in connection with Supreme Court Civ. Writ
Petition No. 3922 of 1985, p. 137.

98 Sreedhar Pillai, "Of Inhuman Bondage: The Supreme Court Indicts the
Tamil Nadu Government for Failing to Abolish Bonded Labour," Sunday
Magazine (Calcutta), April 7-13, 1996.

99 Tiwary, "Bondage in Santhal Parganas," Chains of Servitude..., p.
205.

http://www.hrw.org/legacy/reports/1996/India3.htm

...and I am Sid Harth

== 2 of 3 ==
Date: Fri, Mar 19 2010 5:58 am
From: chhotemianinshallah


Give Varun Gandhi a chance: Gadkari
NDTV Correspondent, Friday March 19, 2010, New Delhi

Having to contend with both silent sulks and open attack from within
his party, BJP's new president Nitin Gadkari has stoutly defended his
choice of people for his new team of office-bearers.

On the controversial inclusion as Secretary of Varun Gandhi, a man the
party had in the past sought to distance itself from after his hate
speeches, Gadkari said exclusively to NDTV: "Varun Gandhi should be
given a chance, why hold the past against him?"

Gadkari also made clear that, "Those who have complaints about the new
team should speak to me, not the media," a barb at partymen like actor
Shatrughan Sinha, who had criticised the new president for leaving out
"the most deserving people". (Read: Shatrughan slams Gadkari)

The actor had particularly talked about the exclusion from the team of
veteran Yashwant Sinha, saying the team was constituted without
consulting "people who matter like my friend and leader of opposition
Sushma Swaraj and some other top leaders".

Gadkari countered the charges by saying: "It's wrong to say that
Yashwant Sinha and Arun Shourie were excluded because they are Advani
detractors... It's not possible to include everyone on the team."

The BJP chief, who was reported scrambling for approval from the RSS
for his list of office-bearers hours before he announced the names,
however, maintained that there was no pressure from the RSS on team
selection.

He also sought to clear the air on the inclusion of a number of
celebrities as senior office-bearers by saying, "The celebrities we
included are also committed party workers, they are not just
celebrities." Getting in people like Hema Malini as Vice President and
Navjyot Singh Sindhu and Smriti Irani as Secretaries is seen by many
as a move by Gadkari to use known faces strategically in his bid to
revive and re-popularise the BJP. The Sangh's choice of workers is not
personality-based.

In the broad-based interview, Gadkari talked about the summons to
Gujarat Chief Minister Narendra Modi from the Supreme Court-appointed
Special Investigation Team (SIT) looking into 2002 Gujarat riots
cases. "Modi is a big leader of our party, the SIT summons make no
difference", Gadkari said.

Talking exclusively to NDTV in Mumbai, Gadkari also commented on the
issue of partners Shiv Sena targeting non-Maharashtrians in the city.
"We believe Mumbai is for all Indians, but just because we have some
differences with the Shiv Sena, doesn't mean it will impact our
alliance," he said.

Nitin Gadkari's new team for BJP
http://www.ndtv.com/news/india/nitin-gadkaris-new-team-for-bjp-17797.php

Gadkari sheds kilos for a lean makeover
http://www.ndtv.com/news/india/nitin-gadkari-in-youngistan-17791.php

Gadkari, RSS differ over his new team
http://www.ndtv.com/news/india/gadkari-rss-differ-over-his-new-team-17787.php

Gadkari's new team: Comeback for Varun, Raje?
http://www.ndtv.com/news/india/gadkaris-new-team-comeback-for-varun-raje-17713.php

http://www.ndtv.com/news/india/give-varun-gandhi-a-chance-gadkari-18105.php

Shatrughan slams Gadkari's team, says 'new wine in old bottle'
18 Mar 2010, 2122 hrs IST, PTI

MUMBAI: Upset over being ignored by BJP president Nitin Gadkari, actor-
turned-MP Shatrughan Sinha on Thursday became the first party leader
to
publicly criticise the composition of the new team of office bearers,
saying it was "new wine in old bottle".

While there have been reports of unease among some leaders, Sinha was
forthcoming in an interview claiming some of the "most deserving"
people have been left out in the much-awaited team announced on
Tuesday.

The 'Bihari Babu' dubbed Gadkari's team, touted by the party as an
effective blend of youth, experience and women, as "new wine in old
bottle and, if we include bodies like the party's parliamentary board,
old wine in old bottle".

Without naming anyone, he said some of those inducted could have been
avoided.

For the record, Sinha refuted suggestions that he was a contender for
any post. He felt that senior leader and former union minister
Yashwant Sinha should have been included with an eye on Bihar assembly
elections due in October this year.

Yashwant Sinha, a former leader of opposition in the Bihar assembly,
has held key portfolios at the centre including those of Finance and
External Affairs.

"Bihar assembly polls are most crucial for the party in the near
future, yet a leader of the calibre of Yashwant Sinha has been kept
out of the team. Some of the people who could have been avoided have
been taken at the cost of some of the most deserving people," he
said.

"I have always treated Gadkari like a younger brother and friend.
Nevertheless, the composition of the new team, personally speaking, is
unfortunate and I am quite unhappy."

Sinha claimed that the team was constituted without consulting "people
who matter like my friend and Leader of the Opposition in Lok Sabha
Sushma Swaraj and some other top leaders".

"Being a senior and matured leader, I do not want to break party
discipline by making any undesirable comments but I am certainly
worried and to a certain extent unhappy with the composition of the
team," he said and went on to add that "most partymen are unhappy but
there is time and we will wait and watch."

Party insiders said Sinha was unhappy over the appointment as general
secretary of Ravishankar Prasad, a fellow Bihari and Kayastha
casteman.

Sinha, one of the star campaigners for the party in the past several
assembly and parliamentary elections, wanted a greater role for
himself in the Bihar polls, sources said.

http://economictimes.indiatimes.com/news/politics/nation/Shatrughan-slams-Gadkaris-team-says-new-wine-in-old-bottle/articleshow/5699195.cms

Deserving people not in Gadkari team: Shatrughan
19 Mar 2010, 0352 hrs IST, ET Bureau

NEW DELHI: BJP's perennial dissenter Shatrughan Sinha is at it again.
This time, he has attacked party president Nitin Gadkari for not
including
"deserving" leaders in his team.

Mr Sinha, who has been eyeing a party post, couched his criticism in
his "angst" over the denial of a place in the new team of office-
bearers for former Union minister Yashwant Sinha. "Bihar assembly
polls are most crucial for the party in the near future, yet a leader
of the calibre of Yashwant Sinha has been kept out of the team. Some
of the people who could have been avoided have been taken at the cost
of some of the most deserving people," he said. Incidentally, Mr
Yashwant Sinha represents Jharkhand's Hazaribagh in the Lok Sabha.

Mr Shatrughan Sinha also insinuated that the list was prepared without
any consultation. "The team was constituted without consulting people
who matter like my friend and leader of Opposition Sushma Swaraj.
Being a senior and mature leader, I do not want to break party
discipline by making any undesirable comments, but I am certainly
worried and to certain extent unhappy with the composition of the
team," he said.

His attack seemed directed against the BJP president as he dismissed
his team as "new wine in old bottle". To Mr Sinha, the parliamentary
board was "old wine in old bottle".

Mr Sinha has been at loggerheads with the BJP leadership for a long
time. He had refused to campaign for the NDA in the 2004 Bihar
assembly polls after Mr Nitish Kumar was named as the alliance's chief
ministerial candidate.

But he made peace with the JD(U) leader after he was declared as the
BJP's candidate from the Patna Saheb Lok Sabha constituency in 2009.
But for Mr Kumar's backing, he would not have made it to the Lok
Sabha. Within his own Kayastha community, he did not have much support
as his candidature came at the cost of another legitimate claimant Mr
Ravi Shankar Prasad.

http://economictimes.indiatimes.com/news/politics/nation/Deserving-people-not-in-Gadkari-team-Shatrughan/articleshow/5700159.cms

Sinha stirs up hornet's nest on Gadkari team, BJP quiet
Express news service

Posted: Friday , Mar 19, 2010 at 2340 hrs
New Delhi:

An embarassed BJP on Thursday refused to react to party leader
Shatrughan Sinha's criticisim of the newly-constituted team of party
office-bearers.

Earlier in the day, the actor-turned-MP said "some of the most
deserving people" have been left out of Nitin Gadkari's team.
Specifically referring to the exclusion of former Union Finance
Minister Yashwant Sinha, the Patna Sahib MP stressed that Sinha had
held key portfolios at the Centre and in states, and that he was also
a former leader of opposition in the Bihar Assembly.

"Bihar Assembly polls are most crucial for the party in the near
future, yet a leader of the calibre of Yashwant Sinha has been kept
out of the team. Some of the people who could have been avoided have
been taken at the cost of some of the most deserving people," Sinha
was quoted as saying.

Shatrughan Sinha is considered close to Yashwant Sinha, but he is not
on the best of terms with Ravi Shankar Prasad, who has been elevated
as a general secretary and chief spokesperson.

Sinha further said the team was constituted "without consulting people
who matter like my friend and leader of opposition Sushma Swaraj and
some other top leaders".

"Being a senior and matured leader, I do not want to break party
discipline by making any undesirable comments but I am certainly
worried and to a certain extent unhappy with the composition of the
team," he was quoted as saying. Prasad, however, refused to comment.

http://www.indianexpress.com/news/Sinha-stirs-up-hornet-s-nest-on-Gadkari-team--BJP-quiet/592738

Old faces dominate new BJP prez's team
Shekhar Iyer, Hindustan Times
New Delhi, March 17, 2010

First Published: 00:52 IST(17/3/2010)
Last Updated: 01:01 IST(17/3/2010)

The big changes that BJP president Nitin Gadkari promised to bring
when he took over three months ago are still far away, judging by the
new team of office bearers he announced on Tuesday.

Gadkari picked many old hands and a few new faces, leaving many
aspirants disappointed even as he sought to perform a balancing act by
giving ample representation to various factions and social groups.

Rajnath Singh, who had to make way for Gadkari, appeared to have
succeeded in ensuring most of the office bearers close to him when he
was president, remained undisturbed in Gadkari's reshuffle.

Among the other nine general secretaries, at least four are Rajnath
Singh's core followers, led by former Jharkhand chief minister Arjun
Munda.

Former Rajasthan chief minister Vasundhara Raje was also made general
secretary, honouring the commitment made to her in return for her
stepping down as leader of the Rajasthan opposition.

Gadkari's personal stamp was reflected in the choice of Himachal
Pradesh minister Jagat Prakash Nadda, as a general secretary, whom he
was associated closely with during their days in the Akhil Bharatiya
Vidyarthi Parishad.

The RSS, which pitched strongly for Gadkari being made president, has
reasons to be pleased, with many of its men allotted key positions.
They include Bhagat Singh Koshiyari, Murlidhar Rao and Tarun Vijay,
former editor of RSS mouthpiece Panchajanyaya.

In a bid to show 33 per cent went to women, Gadkari filled the
national executive with leaders like Maharashtra BJP youth wing leader
Shaina N. C., film star Kiron Kher, Poonam Azad (wife of former
cricketer Kirti Azad), and Shobhatai Phadanvis.

Yashwant Sinha and Arun Shourie, who were critical of the party after
the poll debacle, retained their membership of the national executive.

http://www.hindustantimes.com/newdelhi/Old-faces-dominate-new-BJP-president-s-team/520507/H1-Article1-519974.aspx

List of new BJP team
Hindustan Times
New Delhi, March 16, 2010

First Published: 17:10 IST(16/3/2010)
Last Updated: 17:24 IST(16/3/2010)

Bharatiya Janata Party president Nitin Gadkari has announced party's
National Executive. It consists of 121 members, including 13 vice-
presidents, 10 general secretaries, 15 secretaries and one treasurer.

As provided for in the BJP constitution, the office bearers include as
many as 13 women, 33% of the total number. In all, there are 40 women
members. Besides, the president has also constituted BJP's
Parliamentary Board. The names of the members of the Central Election
Committee, Morcha Presidents and Conveners of different cells besides
some other functionaries will be announced later.

Office Bearers

President: Shri. Nitin Gadkari

Vice-Presidents

1. Shri Shanta Kumar
2 Shri Kalraj Mishra
3 Shri Vinay Katiyar
4 Shri Bhagatsingh Koshiyari
5 Shri Mukhtar Abbas Naqvi
6 Smt. Karuna Shukla
7 Smt. Najma Heptullah
8 Smt.Hema Malini
9 Smt.Bijoya Chakravarti
10 Shri Purushottam Rupala
11 Smt. Kiran Ghai
12
13


General Secretaries

1 Shri Ananth Kumar
2 Shri Thavarchand Gehlot
3 Smt.Vasundhara Raje
4 Shri Vijay Goyal
5 Shri Arjun Munda
6 Shri Ravishankar Prasad (Chief Spokesperson)
7 Shri Dharmendra Pradhan
8 Shri Narendrasingh Tomar
9 Shri Jagat Prakash Nadda
10 Shri Ram Lal (Organisation)
11 Shri V. Satish (Jt.Gen.Sec.Org)
12 Shri Saudan Singh (Jt.Gen.Sec.Org)

Secretaries

1 Shri Santosh Gangwar
2 Smt.Smriti Irani
3 Smt.Saroj Pande
4 Smt.Kiran Maheshwari
5 Shri Tapir Gao
6 Shri Navjot Singh Siddhu
7 Shri Ashok Pradhan
8 Shri Varun Gandhi
9 Shri Muralidhar Rao
10 Dr. Kirit Somaiyya
11 Dr. Laxman
12 Captain Abhimanyu
13 Smt.Arati Mehra
14 Shri Bhupendra Yadav
15 Kum.Vani Tripathi

Treasurer
Shri Piyush Goyal

Official Spokespersons

Shri Prakash Javdekar
Shri Rajiv Pratap Rudy
Shri Shahnawaz Hussain
Shri Ramnath Kovind
Shri Tarun Vijay
Smt. Nirmala Sitharaman

Members

Shri Atal Bihari Vajpayee
Shri Lal Krishna Advani
Dr. Murali Manohar Joshi
Shri Bangaru Laxman
Shri Venkaiya Naidu
Shri Rajnath Singh
Smt. Sushma Swaraj
Shri Arun Jaitley
Shri Bal Apte
Shri Yashwant Sinha
Shri Gopinath Munde
Shri S.S.Ahaluwalia
Shri Arun Shouri
Shri Balveer Punj
Shri Chandan Mitra
Smt. Mridula Sinha
Shri Shatrughan Sinha
Shri Kaptansigh Solanki
Smt. Sumitra Mahajan
Smt. Jayavantiben Mehta
Dr. Vinay Sahasrabuddhe
Shri Sheshadri Chari
Smt. Anita Arya
Dr. C. P. Thakur
Shri Dilip Singh Judeo
Smt. Sudha Yadav
Shri Ramtahal Chaudhari
Smt. Maneka Gandhi
Shri Yogi Adityanath
Shri Lalji Tandon
Shri Hukumdev Narayan Yadav
Dr. J. K Jain
Dr. Anil Jain
Shri Arun Singh
Shri Nalin Kohli
Shri Jayprakash Agrawal (Surya)
Smt.Punam Azad
Smt. Rekha Gupta
Smt. Pinki Anand
Shri Hari Babu
Smt. Shanta Reddy
Smt.Sukhada Pande
Shri Bhupendrasingh Chudasama
Shri Balubhai Shukla
Shri Omprakash Dhankad
Shri Vinod Khanna
Smt. Kiran Kher
Shri Arjun Meghwal
Shri Subhash Mehriya
Smt.Suman Shringi
Shri Manavendra Singh
Shri Omkarsingh Lakhawat
Shri H. Raja
Smt. Lalitha Kumar Mangalam
Shri M. T. Ramesh
Shri C. H. Vijayshankar
Smt.Gouri Chaoudhari
Shri Bijoy Mahapatra
Smt. Surama Padhi
Smt. Shobhatai Phadanvis
Shri Mahesh Jethamalani
Smt. Shaina N C
Smt. Manisha Chaudhari
Shri Nana Shamkule
Smt. Kanta Nalavade
Smt. Louis Marandi
Shri Sunil Singh
Shri Faggansingh Kulaste
Shri Virendra Kumar Khatik
Smt. Nirmala Bhuriya
Shri Satpal Malik
Dr. Vijay Sonkar Shastri
Shri Manoj Sinha
Smt.Sarla Singh
Shri Rambux Verma
Shri Hukum Singh
Shri Sudhanshu Trivedi
Shri Sadhvi Niranjana Jyoti
Shri Ajay Tamta
Smt. Shanti Mehra
Smt. Ranjana Sahi

BJP National Executive

Permanent Invitees

Chief Ministers

Shri Narendra Modi
Shri Shivraj Singh Chauhan
Dr. Raman Singh
Shri Premkumar Dhumal
Shri B. S. Yediurappa
Shri Ramesh Pokhriyal Nishank

Deputy Chief Ministers

Shri Sushil Modi
Shri Raghuvar Das

Ex-Governors

Shri Kedarnath Sahni
Shri Kailashpati Mishra
Shri V. Rama Rao

Ex-Chief Ministers

Shri Sundarlal Patwa
Shri Keshubhai Patel
Shri Madanlal Khurana
Shri B. C. Khanduri
Shri Nityanand Swami
Shri Kailash Joshi
Shri Babulal Gaur
Shri Manohar Parrikar

Legislature Leaders

Shri Ganga Prasad
Dr. V. S. Acharya
Prof. Vijay Kumar Malhotra
Shri Eknath Khadse
Shri Bhausaheb Phundkar
Shri Ghanashyam Tiwari (Officiating)
Shri Om Prakash Singh
Shri Nepal Singh
Shri Mission Ranjan Das
Shri Chaman Lal Gupta
Shri K. V. Singhdev
Shri Manoranjan Kalia
Shri Tamigo Taga, (Arunachal Pradesh)
Shri Anil Viz

Chief Whips in Parliament

Shri Ramesh Bains
Smt. Maya Singh

Parliamentary Party Secretary and Jt.Sec.

Shri Ramkripal Sinha
Shri Shanmuganathan

Others

Shri O.Rajgopal
Dr. Satyanarayan Jatiya
Shri Kesarinath Tripathi
Shri Devdas Apte (Bapu Apte)
Shri Sadanand Gowda
Shri Tanveer Hyder Osmani
Dr. Harsh Vardhan
Shri. Vidyasagar Rao
Shri Bandaru Dattatreya
Shri Vinod Pande
Shri M. Bharot Singh
Shri Rajen Gohain
Shri Ramen Deka
Shri Nilmani Dev
Shri Vishnudeo Sai
Shri Naresh Bansal
Shri Harendra Pratap
Shri Rambilas Sharma
Shri Maheshwar Singh
Dr. Nirmal Singh
Shri Rajendra Bhandari
Shri Stayapal Jain
Shri Gulabchand Katariya
Shri Ramdas Agarwal
Shri L. Ganeshan
Shri C. K. Padmanabhan
Shri Tathagat Roy
Shri Shripad Yesso Naik
Shri Rampyare Pande
Shri Anant Nayak
Shri Prakash Mehta
Shri Vinod Tawde
Shri Amit Thakar
Shri Suresh Pujari
Shri R. Ramkrishna
Shri Om Prakash Kohli
Dr. Ramapati Ram Tripathi
Shri Ashok Khajuriya
Shri Mange Ram Garg
Shri Jagdish Mukhi

BJP National Executive

Special Invitees

Shri Padmanabh Acharya
Shri Sukumar Nambiyar
Shri Baldev Prakash Tandon
Shri Vijay Kapoor
Shri Arun Sathe
Shri Nand Kishor Garg
Dr. Vaman Acharya
Shri Jagdish Shettigar
Shri Alok Kumar
Shri Arun Adsad
Shri S. Sureshkumar
Shri C. S. Parcha
Shri Gajendra Chauhan
Smt. Anandiben Patel
Shri Amit Shah
Shri Kishansingh Sangwan
Shri Govind Karjal
Ramji Rishidev
Shri Banvarilal Purohit
Shri Haribhau Bagde
Shri Chaitanya Kashyap
Shri Hriday Narayan Dixit
Shri Tanveer Ahmed
Shri Rajesh Shah
Shri Rajendra Agrawal
Shri Bhupendra Thakur
Shri Harjit Singh Grewal
Shri Ravikant Garg
Shri Suvarn Saleriya
Col. Bainsala
Shri Siddharthanath Singh
Shri Uday Bhaskar Nayar
Smt. Kavita Khanna
Shri Amitabh Sinha
Shri Ashutosh Varshneya
Shri Ajay Sancheti


BJP Parliamentary Board

Shri Nitin Gadkari, Chairman
Shri Atal Bihari Vajpayee
Shri Lal Krishna Advani
Dr. Murali Manohar Joshi
Shri Venkaiya Naidu
Shri Rajnath Singh
Smt. Sushma Swaraj
Shri Arun Jaitley
Shri Bal Apte
Shri Ananth Kumar (Secretary)
Shri Thavarchand Gehlot
Shri Ram Lal

http://www.hindustantimes.com/newdelhi/List-of-new-BJP-team/520507/H1-Article1-519745.aspx

Labouring to keep alive
March 18, 2010

First Published: 23:08 IST(18/3/2010)
Last Updated: 23:10 IST(18/3/2010)

When it comes to infusing our laws with the finest principles
possible, India has no parallel. It's when we come to implementing
these laws that we find many a slip between the proverbial cup and
the lip. Perhaps most deceptive of them all is India's labour and
industrial practices. Blessed — or, if one looks at it with a
different perspective, cursed — with large deposits of iron ore,
mining is big business in the district of West Singhbhum in Jharkhand.
With the demand for iron ore increasing to fuel national industrial
development, a negative correlation to the length of people's lives
and health index has become increasingly noticeable. Thousands of
mineworkers, including young boys and girls, suffer from siderosis, a
lung disorder that is caused by prolonged exposure to red (mining)
dust. The lifespan of these workers, who have no or minimal protective
gear, in this region is a shocking 40-45 years. In the meantime, in
21st century India's national capital New Delhi, a committee appointed
by the Delhi High Court has found workers at Commonwealth Games-
related construction sites not being paid minimum wages and, in many
cases, being made to work overtime for no extra remuneration. Their
living conditions are appalling and in many cases they are bereft of
any sanitation facilities.

In both semi-urban and urban cases, we are dealing with serf-like
conditions while on paper we are chugging along a First World
trajectory. Laws are being openly flouted with the State turning a
blind eye and seemingly only concerned that 'the work' is done. Some,
like Jharkhand deputy chief minister, prefer to put such 'chalta hai'
issues on the backburner (he has asked for a report). That the working
conditions of miners is appalling in this country, more so if the
mines are illegal and that many of the workers don't work with
protective gear is an old story. What should be a new story if India
is to protect itself from charges of being uncaring towards its own
people is the implementation of laws.

Whenever Indian workers are mistreated abroad, especially in the Gulf
States, we spare no effort in criticising — and rightly so — foreign
governments. But the conditions here are, in many cases, no better. As
job opportunities shrink in rural India and a construction boom takes
place all across, more labourers will enter the cities. This is a
labour class that needs basic protection and policies relating to
special target groups such as women and child labour. There was a time
when labour unions held the nation's development to ransom. We can't
now have a callous State holding the lives and livelihood of our
workers hostage in the name of progress.

http://www.hindustantimes.com/editorial-views-on/edits/Labouring-to-keep-alive/Article1-520657.aspx

Face The Nation: Varun no match for Rahul
CNN-IBN

Published on Wed, Mar 17, 2010 at 23:21, Updated on Thu, Mar 18, 2010
at 00:50 in Politics section

ANALYSIS: Experts discuss the Gandhi vs Gandhi politics on Face The
Nation.

The (Bharatiya Janata Party (BJP) has unveiled its new list of office
bearers and the list includes Varun Gandhi. Varun Gandhi, first time
MP from Pilibhit, is best known for his inflammatory pro-Hindutva
speeches during the general elections last year, speeches for which he
was jailed under the National Security Act. Now the BJP has ended his
isolation within the BJP and made Varun an office bearer with the rank
of secretary. CNN-IBN on Face The Nation asked: Can Varun Gandhi
compete with Rahul Gandhi?

Congress, BSP trying to trap Varun: Rajnath
IANS

Published on Wed, Apr 01, 2009 at 13:14, Updated on Wed, Apr 01, 2009
at 13:43 in Politics section

RALLYING FOR VARUN: Rajnath Singh said that the BJP was firmly
standing behind Varun Gandhi.

Raipur: Bharatiya Janata Party (BJP) President Rajnath Singh on
Wednesday asserted that Varun Gandhi was being "politically and
legally" supported by the party. He accused the Congress and Bahujan
Samaj Party (BSP) of "exploiting" the National Security Act (NSA) to
"trap" the BJP nominee in Pilibhit in the Lok Sabha polls.

"What is happening with Varun Gandhi is unfortunate. He is being
harassed and the BJP condemns it," Rajnath Singh said at a press
conference in Raipur.

The 'other' Gandhi, the BJP nominee from the Utar Pradesh Lok Sabha
seat, is now in jail on charges of vilifying Muslims in his campaign
speeches.

"The information I have been getting from Varun Gandhi's secretary is
very disturbing. The episode is a shame for the nation. The BSP and
Congress are trying to trap him," Rajnath Singh said.

"I wanted to personally meet Varun Gandhi but he is jailed in Uttar
Pradesh and I am campaigning in other states. So I have asked Venkaiah
Naidu to meet him and express the party's support. The BJP is
politically and legally rallying behind Varun Gandhi," the BJP
President said.

Varun on D-gang hitlist, moved to Etah jail

Trailing Varun Gandhi: From Pilibhit to Etah

"His detention under the NSA is shameful. It is the joint act of the
Congress and BSP. Where do they want to lead the country?" asked
Rajnath Singh.

The Uttar Pradesh government had on Sunday invoked the NSA against
Varun Gandhi, the BJP's Lok Sabha candidate from the seat held earlier
by his mother Maneka Gandhi, for his reported hate speeches and mob
violence during his arrest on Saturday.

"The Congress and BSP have created an Emergency-like situation by
exploiting the NSA. Varun Gandhi has no criminal record," said the BJP
President.

For reasons of security, Varun Gandhi was shifted from the prison in
Pilibhit to a jail in Uttar Pradesh's Etah town at around 1:30 hrs IST
on Wednesday.

"There is a threat to Varun Gandhi's life. The centre, Uttar Pradesh
government and Election Commission should take note of this and ensure
foolproof security for him," said Rajnath Singh.

"The Congress and BSP have crossed all limits to gain political
mileage. They are playing with fire. The BJP will not remain quiet,"
he added.

http://ibnlive.in.com/news/congress-bsp-trying-to-trap-varun-rajnath/89207-37.html?from=search-relatedstories

BJP, Cong may stun SP, BSP; due to Gandhis
Pallavi Ghosh / CNN-IBN

Published on Sat, May 02, 2009 at 01:06, Updated on Sat, May 02, 2009
at 09:20 in Politics section

New Delhi: After three phases of polling, it appears the Congress and
the BJP may well be doing better than expected in the key state of
Uttar Pradesh with the potential losers being the SP and the BSP.

So has Rahul Gandhi's "go it alone" policy and BJP's Hindutva slant
clicked? Ground reports suggest so. Muslims, having turned their back
on the Congress after the Babri demolition, are doing a rethink after
Mulayam embraced Kalyan Singh.

The good news for BJP is that Brahmins are tiring of Mayawati's social
engineering which has now begun targeting the Muslims.

It was Rahul's idea to walk it alone in the crucial state despite
having taken the Samajwadi support during the trust vote. But a bitter
SP thinks Rahul's romance with this idea will be shortlived.

There are smiles on BJP faces, having once boasted of big names from
the state, the party was groping for a foothold. Now, after three
phases of polling, the Hindutva strategy, which was not overplayed
except in Pilibhit, may have clicked.

And as the Congress and the BJP prepare for the last two phases, it
will be Gandhi versus Gandhi as Rahul and Varun take each other on.
The national parties are relying on the same family tree to reap a
harvest in Uttar Pradesh.

http://ibnlive.in.com/news/bjp-cong-may-stun-sp-bsp-due-to-gandhis/91595-37.html?from=search-relatedstories

Six from state get pride of place in Team Gadkari
Express News Service

Posted: Wednesday, Mar 17, 2010 at 0233 hrs
Lucknow:

With six of its leaders being given prominent place in the 121-member
national committee of the BJP, the party's Uttar Pradesh unit has
certainly managed to find a good place in national president Nitin
Gadkari's team.

Out of the 13 vice-presidents, three are from the state — Kalraj
Mishra, former national general secretaries Mukhtar Abbas Naqvi and
Vinay Katiyar. Among the 15 secretaries in Team Gadkari, three are
again from UP — former Bulandshaher MP Ashok Pradhan, former Bareilly
MP Santosh Gangwar and Pilibhit MP Varun Gandhi. Out of the six
official spokespersons, one is from the state — Ramnath Kovind, who
represents the party's Dalit face.

While Naqvi is one of the prominent Muslim faces from the state,
Katiyar is a firebrand leader and Mishra a veteran. Among the
secretaries too, Santosh Gangwar is a six-time MP and a former Union
minister. After his defeat in the 2009 Lok Sabha elections, the party
was said to be looking to suitably place him at the national level.

Ashok Pradhan was one of the primary reasons for former chief minister
Kalyan Singh to leave the BJP and is said to have a good base in
Bulandshahr and surrounding districts. And at a time when Singh is
building the base of his new party in this area, Pradhan being lifted
to secretary's post is certainly strategic.

Varun Gandhi, a first-time MP from Pilibhit and son of Maneka Gandhi,
is the party's youth face not just in UP but also, on the national
chart. And together, the trio will represent western UP, where the
party is trying to regain grounds with its ally Rashtriya Lok Dal
drifting away.

Gadkari has also given 33 per cent of the posts to women, thus
becoming the first party in the country to give reservation to women
in their organisation. Here too, Uttar Pradesh has been given a "fair
share" with Aonla MP Maneka Gandhi, Mahila Morcha president Sarla
Singh and Saadhvi Niranjana Jyoti being made members of the national
executive. "It is good that even women leaders from UP have been
inducted in the committee. The state has potential and these women
will prove it," said Vinay Katiyar.

Apart from these "cream" posts, many other leaders from the state have
also found a place in the team. These include Atal Bihari Vajpayee,
Murli Manohar Joshi, Rajnath Singh, Maneka Gandhi, Hukum Singh, Satpal
Malik, Rajnath Singh, Yogi Adityanath, Keshari Nath Tripathi and Lalji
Tandon as members, Hriday Narain Dixit as special invitee and Om
Prakash Singh and Nepal Singh as legislature leaders.

The party's state unit has thanked Gadkari for giving representation
to UP. State BJP vice-president H N Dixit, who has also been inducted
as a special invitee, said that by including 34 leaders from UP,
Gadkari has shown his trust in the state unit.

"These leaders will certainly strengthen not just state campaigns, but
also national campaigns," he added.

It is also expected that more faces from Uttar Pradesh will find a
place in the national scene, as the convenors of different cells and
Morcha presidents will be announced in the days to come.

Comments (1) |

Im-mature Varun
By: Ganesh Singh | 17-Mar-2010

Gadkari ji wants to please every one. But if you want to strengthen
your party, you will have to take some tough decisions. you were gr8
in saying that party and his policies makes people and not vice versa
but at present situation you are again doing the same thing. Including
immature persons like Varun Gandhi in your team shows to which level
you are going to please others. Varun has won because of the gr8 work
done by his mother Manekaji not because of his controversial speeches.
I dont know why RSS is intersted in projecting Varun as youth face.
Did they want to pick someone only from elite people of BJP. Can't
they pick some leaders from ABVP as youth face. If they really lack so
they must work with their ground workers to find out someone instead
of proposing Varun.

Gadkari's inclusive act may open old fissures in BJP
Nistula Hebbar / DNA
Wednesday, March 17, 2010 0:45 IST

New Delhi: Nitin Gadkari was the answer of the Rashtriya Swayamsevak
Sangh (RSS) to the leadership crisis in the Bharatiya Janata Party
(BJP), driven listless by debilitating factionalism and ego clashes
not long ago. After three months as BJP president, Gadkari had a task
on hand: To give the party a sense of direction. As he came out with
his list of office-bearers on Tuesday, the jury was still out.

The BJP president's list of 121 office-bearers is a blend of youth and
experience, Hindutva hardliners and doves, and several other
conflicting strains in the party. However, if a team is supposed to be
a statement of intent, Gadkari's is not one. At best, it reflects his
inclusive approach and his seriousness to promote third and fourth
generations of leaders.

The new BJP team has 13 vice-presidents, 10 general secretaries, 15
secretaries and one treasurer. The party also announced its 81-member
national executive. While several faces have made their debut — actor
Hema Malini as vice-president, and Varun Gandhi, Vani Tripathi, Smriti
Irani and Arti Mehra as secretaries — there is a feeling that many
older faces have been unduly rewarded.

Gadkari's new team was being closely watched in the context of
factionalism in the party and the RSS's demands.

Despite a disastrous record as party president, senior leader Rajnath
Singh has managed to get key posts for his people. Three general
secretaries — Thawarchand Gehlot, Narendra Singh Tomar and Vijay Goel
— owe loyalty to him. This means Singh would continue to have a say
under the new dispensation.
In the parliamentary board, the most important body of the party, LK
Advani holds sway.

Except for Rajnath Singh, Murli Manohar Joshi and Thawarchand Gehlot,
all other members — Sushma Swaraj, Arun Jaitley and parliamentary
board secretary Ananth Kumar — are Advani loyalists. The arrangement
might also open a can of worms for Gadkari.

While RSS nominees like Varun Gandhi, Muralidhar Rao and Tarun Vijay
have been accommodated, it was expected that Rao would get a better
position. Gadkari, who is trying to project a soft image of himself,
had to accommodate hardliners like Vinay Katiyar to please the mother
organisation.

The biggest disappointment to those expecting Gadkari's list to be a
departure from the past was the absence of a Muslim face in any
effective party position. While Mukhtar Abbas Naqvi and Najma
Heptullah have been made vice-presidents, a largely decorative post,
Bhagalpur MP Shahnawaz Hussain, who was tipped to be general secretary
in this team, was adjusted as one of the spokespersons. No Muslim
finds a place in the party's parliamentary board either.

The list appeared a little skewed in favour of one state and against
some others. For example, Maharashtra and Madhya Pradesh appeared very
well represented, with the former getting one vice-president in Hema
Malini, three secretaries and the party treasurer Piyush Goel. Out of
the 10 general secretaries, two — Thawarchand Gehlot and Narendra
Singh Tomar — are from Madhya Pradesh.

"We cannot help but compare this to Karnataka's case, which is the
party's first government in the south, and apart from Ananth Kumar,
who has always found space at the centre, only Vijayshankar from the
state has been made a member of the national executive," said a senior
leader.

Women have found ample space in the new team. With 40 out of 121
members being women, the party has kept its promise of 33% quota for
them in organisational posts.

The party's chief spokesperson and newly appointed Ravi Shankar
described the team as a blend of the young and the old. What it might,
however, do is end the ceasefire in the party and give fresh impetus
to the party's many discontented elements.

http://www.dnaindia.com/india/report_gadkari-s-inclusive-act-may-open-old-fissures-in-bjp_1359938

Orissa deploys force to prevent Togadia's Kandhamal visit
PTI
Friday, March 19, 2010 17:18 IST

Phulbani (Orissa): In the face of VHP's international secretary
general, Pravin Togadia's proposed visit to Kandhamal in Orissa this
evening defying ban, the district administration has deployed police
and a magistrate at the entry point to the riot-hit town to prevent
him, official sources said.

The district administration has also imposed prohibitory orders under
section 144 of the CrPC to stop Togadia and other members of the VHP
from visiting the town, additional district magistrate
(ADM),Kandhamal, Arnanchal Das said.

The VHP leader had yesterday challeged the state government to arrest
him as he was all set to defy the ban order. "I will enter to
Kandhamal along with 100 sadhus," Togadia said.

The district administration is also contemplating steps to seal road
at Madhapur, the entry point to Kandhamal district.

Kandhamal witnessed widespread riot from August 2008 till October 2009
following the killing of VHP leader Lakhsmananda Saraswati.

http://www.dnaindia.com/india/report_orissa-deploys-force-to-prevent-togadia-s-kandhamal-visit_1360904

Togadia to defy Orissa govt's ban on his visit to Kandhamal
PTI
Thursday, March 18, 2010 23:10 IST

Bhubaneswar: Defying the Orissa government's ban on his proposed visit
to Kandhamal, VHP leader Pravin Togadia today announced his plan to
forcibly enter into the communally sensitive district tomorrow.

"I will go to Kandhamal along with 100 sadhus as per prior programme,"
Togadia told reporters after addressing a public meeting in Nuapada
district.

The VHP's firebrand leader also challenged the Naveen Patnaik
government to arrest him.

"I am ready to be arrested than succumbing to the state government's
undemocratic decision", he said adding that it was not possible for
him and the VHP to cancel the programme.

"While the state government spread red carpet to welcome the European
diplomats to Kandhamal, it is not proper to clamp ban on the entry of
a Hindu leader," he said.

The administration of Kandhamal imposed prohibitory order under
section 144 of the CrPC at many sensitive places.

"If Togadia or any other person try to defy the ban, action would be
taken in accordance with the law of the land," additional
superintendent of police (ASP), Kandhamal, CR Das said.

Das said the district administration would not tolerate if any one
tried to disturb peace in the area.

http://www.dnaindia.com/india/report_togadia-to-defy-orissa-govt-s-ban-on-his-visit-to-kandhamal_1360668

BJP cautions Orissa govt over ban on Pravin Togadia's Kandhamal visit
PTI
Wednesday, March 17, 2010 22:39 IST

Bhubaneshwar: Terming the decision to ban the visit of the VHP leader
Pravin Togadia to Kandhamal district as 'whimisical', the BJP today
warned that the Orissa government would be reponsible if communal
harmony was disturbed at any place over the issue.

MF Husain accepting Qatar nationality victory for Hindus: Pravin
Togadia
Nitin Gadkari offers to rebuild Babri Masjid
"Chief minister Naveen Patnaik will be held reponsible if communal
tension Arises in Kandhamal and other parts of the state over the
government's whimisical decision," a statement issued by the state BJP
said.

The saffron party's reaction came a day after the Kandhamal district
administration denied permission to Togadia to enter Kandhamal
district, which had witnessed riots last year and the year before.

"While the government offered a red carpet welcome to diplomats from
nine European countries, there is no point in putting a ban on
Togadia's visit," party's vice-president Ashok Sahu said.

The firebrand VHP leader was scheduled to visit Kandhamal on March 19
and spend a night in Phulbani town.

Togadia's three-day Orissa visit would start from tomorrow, state VHP
general secretary Gouri Prasad Rath said.

http://www.dnaindia.com/india/report_bjp-cautions-orissa-govt-over-ban-on-pravin-togadia-s-kandhamal-visit_1360232

...and I am Sid Harth

== 3 of 3 ==
Date: Fri, Mar 19 2010 10:34 am
From: Sid Harth


Volume 26 - Issue 26 :: Dec. 19, 2009-Jan. 01, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

BOOKS
Circular reasoning
T. JAYARAMAN

The author loses sight of the possibility that the decline of religion
is indeed the long-term trend in modern industrial societies.

Meera Nanda's writing occupies a distinctive intellectual niche in the
academic and media discourse on the nature and practice of secularism
in India. In a major book, Prophets Facing Backward, and in a number
of academic papers, essays and media articles (and two short
collections of essays), she has brought to bear a perspective on this
question that distinguishes her work from a wide variety of other
writers and scholars engaged with this theme.

Her work so far has been marked by the special attention she has paid
to the relationship between science and secularism in the Indian
context. Going beyond the limitations of the arguments over the
Nehruvian vision of the link between secularism and scientific temper,
she has drawn attention to the much larger role of science in the
debate between secularists on the one hand and Hindu communalism on
the other. In Meera Nanda's account, the ideological machinery of
Hindu communalism in the 20th century has drawn sustenance from a more
pervasive and widespread neo-Hinduism, central to whose world view is
the idea that Hinduism provides a uniquely "scientific" perspective in
the spiritual quest. While all fundamentalisms have some form of
exceptionalism as part of their ideological foundations, Hindutva's
particular brand arises from this allegedly unique "scientific" nature
of Hinduism as compared with all other religions.

Meera Nanda has argued convincingly that it is the widespread
acceptance, overtly or otherwise, of this brand of Hindu
exceptionalism, even by those who were in many other respects in the
secular camp, that rendered Indian secularism vulnerable to attack
even before a full-scale attack was mounted on it by a resurgent
Hindutva in the late 1980s. Meera Nanda has argued, again
convincingly, that all modern trends in Hinduism, given their tendency
for an uncritical acceptance of this notion of Hindu exceptionalism,
render themselves vulnerable to being co-opted into the ranks of
Hindutva. She has provided an engaging account in Prophets Facing
Backward of the different stratagems that neo-Hinduism adopts in the
pursuit of the "scientificity" of Hinduism, often on the basis of
loose pseudo-scientific analogies between the language of science and
the vocabulary of Hinduism. The contemporary brand of Indian pseudo-
science that is actively championed by Hindutva, an Indian parallel as
it were to the well-known link between evangelical Christianity and
the American brand of pseudo-science, is in Meera Nanda's view rooted
in this aspect of neo-Hinduism. In her short book titled The
Ecological Wrongs of the Religious Right, she has explored the
particular case of the neo-Hindu and Hindutva version of religion-
inspired pseudo-science in the realms of biology and ecology.

In her latest work, The God Market, Meera Nanda turns to explore a
somewhat different aspect of this link between contemporary Hinduism,
the professed secular nature of the Indian state, and Hindutva. The
focus here, in her own words, is on the "changing trends in popular
Hinduism", and the overall aim is to describe how "modern Hindus are
taking their gods with them into the brave new world and how Hindu
institutions are making use of the new opportunities opened up by
neoliberalism and globalisation".

The crux of the argument in the book is that there is a causal
connection between economic reforms and the rise of popular Hindu
religiosity. Meera Nanda argues that economic reform, while
encouraging a "neoliberal market economy [sic]", is also "boosting the
demand and supply for religious services in India's God market", and
the progressively greater embedding of a new Hindu religiosity in
everyday life, in both public and private spheres, is aided by the new
political economy. With the withdrawal of the Nehruvian state from the
social sector, a new state-temple-corporate complex is emerging to
fill the space as a consequence of the state actively seeking
partnership with the private sector and the Hindu establishment. The
rising tide of popular religiosity among the Hindu middle classes in
the era of liberalisation is a consequence of this religiosity being
deliberately cultivated by an "emerging state-temple-corporate complex
that is replacing the more secular public institutions of the
Nehruvian era". This rising tide of popular Hindu religiosity
continues to feed the forces of Hindutva, assisting among other things
in the routine conflation of the domain of the national with the
domain of Hinduism.

The idea that globalisation is in some way intimately connected with,
or is even perhaps one of the drivers of, the many fundamentalisms
that we see in the world today is an idea that has respectable
patronage, including, among others, the eminent historian Romila
Thapar. In the Indian context, it has been widely noted that the
challenge to the Nehruvian vision of secularism and scientific temper
has risen in the same era as the era of economic reform and the right-
ward shift in Indian foreign policy, away from the vision of India as
the leader of the non-aligned world towards a vision of India as a
global player aligned strategically with the United States and the
developed world. In opposition to the view that the Sangh Parivar is
somehow anti-globalisation and that self-reliance is somehow equally a
Parivar slogan (a view aided by the activities and attitudes of the
Swadeshi Jagran Manch, a Parivar outfit), commentators on the Left
have argued that Hindutva is no less pro-economic reform and that it
is equally at home with liberalisation and globalisation.
Nevertheless, few have argued for a causal nexus between globalisation
and the rise of popular Hindu religiosity as closely as Meera Nanda,
or shown the two to be as directly knit as she portrays in this new
book.

OBVIOUS PROPOSITION

Much of the book appears to be actually devoted to arguing the much
weaker proposition that contemporary Hindu institutions are actively
utilising the opportunities provided by the modern world to further
their cause. One may argue that this is a somewhat obvious proposition
with a wealth of examples, which can be picked even from casual
observation, to back it up. Religious preaching or fundamentalist
propaganda can reach out much further in the era of instant
communication. Cable or satellite television broadcasts provide many
opportunities that are utilised by all manner of religious or
fundamentalist organisations. A wide variety of Hindu institutions and
neo-Hindu cults, ranging from the religious trust and administration
associated with the temples at Tirupati and Tirumala to the
organisations associated with religious personalities such as Sai Baba
or Mata Amritanandamayi, run educational institutions and even modern,
officially recognised universities. Hindu organisations and cults
administer a range of charities and organisations dealing with health
and medicine. Hindu organisations have proliferated around the world
and have struck especially strong roots where there is a numerically
significant and well-heeled Indian diaspora. The diaspora followers of
Hindu organisations are also an important source of funds, as well as
prestige and visibility, for Hindu and Hindutva organisations. After
all, what credibility or oomph would a guru or swamiji possess without
at least a small retinue of non-resident Indians and preferably
foreigners?

Meera Nanda covers much of this kind of ground with many apt
illustrations in the second, third and fourth chapters of her book.
One may certainly agree with her in the characterisation that she
offers of the three significant dimensions of contemporary popular
Hindu religiosity, namely the invention of new rituals, the
gentrification of the gods and the booming guru culture. Indeed, much
of the characterisation is based on scholarly work available on the
subject. The existence of a booming guru culture and its links to
Hindutva is of course somewhat obvious.

However, it is arguable whether these examples really lay a basis for
her claims of the emergence of a state-temple-corporate complex. It is
certainly true that the Indian state has increasingly weakened secular
credentials after the rise of Hindutva and the success of Hindutva-
related political forces in being elected to govern both at the Centre
and in the States. Much has been written, including by Meera Nanda
herself, regarding the attempted de-secularisation of government
consequent to the electoral victories of the Bharatiya Janata Party
(BJP), especially at the Centre. The Sangh Parivar penetration of the
government was a major issue in the period of BJP rule, but a timid
United Progressive Alliance (UPA) government refused resolutely to
"detoxify" (to use the late Harkishen Singh Surjeet's fine phrase)
government institutions, especially in the educational sector, which
was a prime Parivar target.

It is also true that corporate India, despite some initial misgivings,
has learnt to live peaceably with Hindutva. BJP-ruled States have been
no less eager to roll out the red carpet for the captains of industry
both from home and abroad. Several major corporate houses also have a
long record of involvement in charitable work relating to religious
institutions. Corporate houses have demonstrated their willingness to
put secularism on the back burner and prioritise their short-term
economic and financial interests (as with the house of Tatas and the
Modi government).

What is unconvincing is the overarching claim that these examples
point to the emergence of something that merits the rather grand
appellation of a "state-temple-corporate" complex. Indeed, corporate
houses are uncomfortable with a militant Hindutva that disturbs law
and order and stable governance and were certainly more than satisfied
with the return of the UPA to power. Many institutions of the Indian
state are willing to act and do act to protect secular values at
critical moments. The critical issue here is to recognise the
ambivalence of the state and the corporate sector in relation to
secularism and not to one-sidedly use as evidence only their non-
secular or anti-secular actions. Regrettably, in the author's "take no
prisoners" style of argument, there is little room to understand or
explore this ambivalence. Either the state is secular in full measure
in the classical sense of the term or it must necessarily be
considered entirely anti-secular.

In the event, the author herself can identify only two areas where
this complex [sic] is significant, the first being education and the
second, tourism. Even in these two sectors, the claim that the state
and the private sector are working together to promote Hinduism seems
less than credible. It is certainly true that the increasing
privatisation of education is also utilised by Hindutva-related
organisations to set up their own institutions, like numerous others.
However, Meera Nanda's claim that what the BJP government could not
establish by way of Hindu-centrism of education is being accomplished
by privatisation requires more evidence than is presented in the
book.

Many would agree with Meera Nanda's view that secular education is a
public good that the state ought to provide to all its citizens
without throwing them at the mercy of faith-based or cult-based
institutions. But to proceed from the relative absence of state-run
educational institutions and the ideological space that this affords
Hindutva to the claim that "economic globalisation and neoliberal
reforms have created the material and ideological conditions in which
a popular and ritualistic Hindu religiosity is growing" is a leap that
seems unwarranted.

SANDEEP SAXENA

Birla Mandir in New Delhi, illuminated on the occasion of Janmashtami
on August 14.

The argument is even thinner in the case of tourism, where the
author's argument is based on the state's, and occasionally corporate
houses', support for religious tourism. Even this reviewer, who is no
votary of religious pilgrimages, is constrained to point out that
tourism in India, untouched by the religious inclination, is a modern
construct. For the newly rich as well as those of the poor and middle
classes who have small disposable surpluses, religious pilgrimage is
likely to be the first form of tourism. In another direction,
occasions for the mass display of popular religiosity such as the
Kumbh Mela certainly call for the intervention of the government in
the interest of common safety and security. To take all instances of
government regulation of religious tourism uncritically together and
to read into it the emergence of a state-temple-corporate complex does
not seem to aid a critical understanding of the link between popular
religiosity and secularism. It is of course true that religious
pilgrimage sites are happy hunting grounds for Hindutva groups to
further their ideological campaign, and specific issues relating to
some popular pilgrimage sites such as the Amarnath caves can certainly
provide grist to the Hindutva mill.

Popular religiosity is a complex phenomenon, especially in the
presence of many ideological forces and undercurrents in a society in
a state of transition, even if not rapid transformation. It is a
phenomenon that has many layers to it, as activists and scholars on
the issue of communalism have come to recognise across the country.
The book unfortunately displays little inclination to engage carefully
with this literature. Perhaps in the author's perception such theories
do not belong to the class of "the most cutting-edge social theories
about globalisation and the resurgence of religion" that she promises
the reader in the introductory chapter.

Given the thinness of the author's evidence relative to the weight of
the theoretical conclusions that she wishes to draw, it is
unsurprising that the theoretical considerations in the book are among
its weakest and most unconvincing sections. The first chapter on
globalisation covers ground that would be quite familiar to most of
the author's likely audience in India. It is a chapter that leaves one
with the impression that the book is really meant for a non-Indian
audience. But it is in the last chapter that the insufficiency of the
theoretical perspective that Meera Nanda brings to bear on the problem
is most evident as the author showers a series of "cutting-edge social
theories" on an unwary reader.

In substance, the author is in sympathy with the perspective, most
notably espoused by the sociologist Peter L. Berger in his later work,
that the secular project has essentially failed. Berger famously
recanted in 1999 his earlier vision of the inevitable decline of
religion, arguing that the supernatural has not lost its plausibility
in the modern world. While Meera Nanda believes that this is
applicable to India, she disagrees with Berger's argument that this
persistence of religion lies in the economic fact of the undermining
of life's certainties for the majority of the population and the
appropriation of secular values by the rich. She, quite correctly,
points to the fact that contrary to what Berger suggests, popular
religiosity in India has also significantly risen among those who have
benefited enormously from economic reform and that popular religiosity
grips both the well-to-do and the poor.

Of course, in transposing Berger's argument to India, Meera Nanda
(along with Berger) loses sight of the possibility that this
resurgence of religion could well be a short-lived phenomenon and that
the decline of religion is indeed the long-term trend in modern
industrial societies.

NEOLIBERAL PERSPECTIVE

For the subsequent part of her argument the author moves on,
approvingly, to what she calls the "neoliberal" perspective on
religion, the next in her shopping list of theories. This is indeed
curious because while she has always been dismissive of the Marxist
view of religion, labelling it as reductionist, she turns now to a
view that fully merits the label. In this demand-supply view of
religion, espoused by Rodney Stark and his academic collaborators,
there is indeed no room for the notion of secularisation. Religion
always exists, so the argument runs, because there is a need, or a
"demand", for it. Whether it will be satisfied or not is a question of
the "supply" of appropriate religions that are efficacious in
responding to it. In this view, secularisation is an illusion created
by the lack of appropriate supply to meet the demand for religion over
brief historical periods. Social facts such as the fall of church
attendance and overt religious observance do not mean the progress of
secularisation as the persistence of personal belief points to a
"potential demand" that is not being met by existing religious
institutions.

UNCLEAR RATIONALE

It is from this perspective that the author formulates the proposition
mentioned at the outset of this article, namely, that it is the
neoliberal market economy following globalisation that is boosting the
demand and supply for religious services in India's God market. The
rationale for this proposition is completely unclear as she appears to
conflate the application of a demand-supply or market perspective on
religion with the nature of religiosity in an era where economic
policy is dominated by the market perspective.

But what is even stranger about the turn that her argument takes is
that, in this demand-supply perspective, the weakly secular character
of the Indian state is indeed a virtue that has led to greater
religious plurality, as evidenced by the wide variety of cults and
sects and religions in India. How then does the author square the
circle, reconciling her use of the neoliberal perspective on religion
after having railed against Hindutva and upbraided the Indian state
for having forsaken secularism? There is indeed no direct answer that
the author provides. All she can offer the curious reader is the
somewhat feeble response that indeed a pure market for religion would
not be problematic, but it is the unfortunate extension of sacrality
to the realm of non-sacral entitites like the nation that is the
source of the problem. The circularity of her reasoning and argument
appears entirely to escape the notice of the author.

The book ends with an appeal for the creation in India of meaningful
secular spaces, where people may interact with each other without
reference to religious identities. Praiseworthy as this statement
undoubtedly is, it is small consolation for the interested reader who,
having followed the author into the blind alley of the demise of
secularisation and its abolition in the neoliberal perspective, is
left wondering where Indian society would find the resources for such
a transformation.

Meera Nanda's work, as we have remarked earlier, is marked by a strong
tendency to ignore the multi-sided and often contradictory character
of social phenomena. While her perspective has helped shed light on
the social, intellectual and cultural resources that Hindutva can
mobilise, she has rarely been able to throw similar light on the
impulses for secularism in Indian society. One reason for this,
undoubtedly, lies in her resolute unwillingness to consider atheism as
an ally of secularism. She has always been insistent that movements
that are atheist miss the point about the need of the masses for
"meaning" in their lives, which can be met only by religion. That this
"meaning" could also be provided by the advance of a secular
imagination and the retreat of religion is not a prospect that she is
willing to consider.

Another reason lies in her view of ideological transformation purely
as an act of the mind without reference to any social and economic
preconditions for such a transformation. More fundamentally, Meera
Nanda has never reckoned with the possibility that any understanding
of religion in contemporary India needs to grasp the reality of the
incomplete modernisation of Indian society, rooted in the development
of capitalism in an era when it has essentially lost its critical
ideological impulse.

Meera Nanda's passion for secularism will undoubtedly be shared by
many readers in India and elsewhere, and the many observations that
she has provided on various aspects of the Hindutva communal project
in Indian society are useful and important. Yet, regrettably, she has
little to offer in terms of a way forward from the current scenario
towards a more secular social order except rhetorical calls for a
meaningful, limited secularisation of society.

http://www.flonnet.com/fl2626/stories/20100101262607900.htm

Volume 18 - Issue 01, Jan. 06 - 19, 2001
India's National Magazine
from the publishers of THE HINDU

ANALYSIS
Outsider as enemy
The politics of rewriting history in India.
K.N. PANIKKAR

This is the text of a presentation made at a round table on the topic
of 'The Rewriting of History: Intellectual Freedom and Contemporary
Politics in South Asia', organised as a part of the International
Conference of North African and Asian Scholars (ICANAS) in Montreal
held from August 27 to September 1.

REWRITING of history is a continuous process into which the historian
brings to bear new methodological or ideological insights or employs a
new analytical frame drawn upon hitherto unknown facts. The
historians' craft, the French historian, Marc Bloch, whose work on
feudal society is considered a classic, has reminded us, is rooted in
a method specific to history as a discipline, most of which has
evolved through philosophical engagements and empirical investigations
during the last several centuries. No methodology which the historian
invokes in pursuit of the knowledge of the past is really valid unless
it respects the method of the discipline. Even when methodologies
fundamentally differ, they share certain common grounds, which
constitute the fiel d of the historian's craft. Notwithstanding the
present scepticism about the possible engagement with history, a
strict adherence to the method of the discipline is observed in all
generally accepted forms of reconstruction of the past. A departure
from such norms of the discipline tends to erase the distinction
between myth and history, which the forces of the Hindu rightwing,
actively supported by the present government, are seeking to achieve.

K. PICHUMANI
The makeshift temple that was erected at Ayodhya after the demolition
of the Babri Masjid on December 6, 1992. The organising principle of
the politics of the Ram Janmabhoomi temple was not only the
privileging of faith over reason, but also the ident ification of an
enemy who acted against the religious interests of Hindus.

The distinction is important, despite the undeniable connection
between history and myth. Although elements which constitute myth are
not verifiable like historical facts, myths do represent reality even
if symbolically and metaphorically. Myths are esse ntially illusory
representations of phenomena and as such do not help discover the
historicity of events and by the very nature of representation they
tend to mask the reality. Yet, there are no myths in which reality is
not embedded in some form, be the y origin, explanatory or
legitimatory myths.1 This integral connection between myth and history
facilitates the transmutation of the latter into the former and
through that change, the existing historical consciousness in society.
The rewritin g of history the Sangh Parivar has undertaken with the
connivance and collaboration of the government is essentially an
attempt at communal mythification, which lends ideological support and
legitimacy to the politics of cultural nationalism.

History as communal ideology

The communal interpretation of history has a fairly long tradition, at
least going back to the colonial times. The history of the subjected
that the colonial administrators and ideologues wrote, either as a
part of their intellectual curiosity or as a po litical mission,
essentially took a religious view of the past. Although James Mill's
periodisation of Indian history into Hindu and Muslim periods is
generally pointed out as an example of this colonial view, almost
every aspect of the social, cultural and political life was
incorporated into this religious schema. This view has had an abiding
influence on Indian historiography, with a large number of Indian
historians of vastly different ideological persuasions rather
uncritically internalising this i nterpretation. Thus the history of
India is seen through a series of stereotypes rooted in religious
identity. No aspect of society or polity has escaped this religious
view, be it social tensions, political battles or cultural
differences. Such an inter pretation of history has been a part of the
textbooks, both of school and college, for a long time, moulding the
historical consciousness of society and in turn the social
perspectives and behaviour of several generations. This divisive
notion of history was one of the several ideological weapons that
colonialism invoked to construct its legitimacy.

In the Hindu communal worldview and politics, the religious
interpretation of history has an entirely different import, even if it
shares much of the colonial assumptions. Unlike the colonial history
which mainly emphasises social divisions, despite invo king the
tyranny of the Yavanas and the Muslims, its focus is more on social
antagonism and political hostility, which differentiates the Hindu
communal from the colonial communal. The antagonism and hostility
encoded in the interpretative structure of t he former, which
identifies the 'outsider' as enemy, turn history into an ideology of
communalism. The politics of Ramjanmabhoomi temple is a good example
of the mediation of such history in the making of popular historical
consciousness. The organising principle of this politics was not only
the privileging of faith over reason, but also the identification of
an enemy who acted against the religious interests of the Hindus.

Among the variety of factors that define the relationship between
communalism and revivalism in India, history plays a central role. The
revivalist ideas were inherent in the social and religious reform
movements of the 19th century, circumscribed as the y were within the
boundaries of caste and religious communities. Yet, revivalism as an
influential tendency emerged only during the second half of the 19th
century. Bankim Chandra Chatterji, Dayananda Saraswathi and Swami
Vivekananda are generally consid ered the early protagonists of this
tendency. Inward looking in their intellectual orientation and engaged
in revitalising Hinduism and Hindu community, they tried to privilege
many ideas and institutions from the ancient past. However, their
perspective was communitarian rather than communal. Antagonism against
other religions and communities was not a part of their perspective.
Even when they were critical of other religions as in the case of
Dayanand, their attempt was to explore religious truth thro ugh a
comparative understanding of different religions. Dayanand after all
was as trenchant a critique of the practices of Sanatani Hinduism as
of other religions. So were Bankim and Vivekananda. These early
articulations of revivalist tendencies were no t rooted in relation to
the 'other' in terms of a community within society.2 It was more in
the nature of internal revitalisation and consolidation in the context
of colonial domination. Communalism, on the other hand, though it
subsumed several elements of revivalism, is firmly anchored on a
hatred of the 'outsider' who, it is held, is mainly responsible for
the distortions and eventual loss of the indigenous civilisational
achievements. Notwithstanding this distinction, revivalism transformed
itself into communalism which, among other things, was made possible
by the m ediation of communal history, which cast the 'outsider' in
the role of the enemy. The inward looking communitarian perspective,
which mainly characterised revivalism, merged with a suspicion
andhostility of 'the other'. This process is facilitated by a r
eligious interpretation of history which by locating the 'outsider' as
the cause of the decline in the fortunes of the community forms the
ideology of communalism.

The concept of the 'outsider', variously described as the Mleccha,
Yavana and Turuska, has been part of the social consciousness for a
long time. They were communities from both within and outside India
and their defining elements were primarily social a nd cultural. The
language, food habits, dress and a variety of other practices
underlined the otherness. The Aryans considered the indigenous
population as Mleccha and at a later stage those who came from
outside, like the Huns and the Muslims, were inco rporated into this
category. Although the otherness was often a source of conflict, both
inter and intra-community, the relationship with the other was not
characterised by continuous hostility and conflict.3 That the
relationship with the out sider in the past was based on
irreconcilable political interests is a construction of communalism
influenced more by political interests rather than by social reality.

Outsider as enemy

The demographic composition of India which reflects the coming
together of a variety of groups - racial, linguistic and ethnic -
during the course of the last two millennia raises the question who
the 'outsider' is in Indian society. According to the Ant hropological
Survey of India there are 4,635 identifiable communities, diverse in
biological traits, dress, language, forms of worship, occupation, food
habits and kinship patterns. Most of these communities have a mixed
ancestry and it is now almost imp ossible to identify their roots.
They could be traced to Proto-Austroloid, Palio-Mediterranean,
Caucasian, Negroid and Mongoloid. The racial component is also quite
varied, drawing from almost every stock in the world. This plurality
is also reflected in the number of languages in use. Apart from
thousands of dialects there are as many as 325 languages and 25
scripts derived from various linguistic families - Indo-Aryan, Tibeto-
Burman, Dravidian, Austro-Asiatic, Andamese, Semitic, Indo-Iranian,
Sino-Tib etan, Indo-European and so on. The Indian society, as a
consequence, is a social and cultural amalgam with many of its
constitutive elements loosing their specific identity, at any rate
none existing in its initial pure form.4

The Hindu communal view of history strives to negate this historical
process by making a distinction between the original inhabitants of
the land and those who settled later. According to this view, all
those who migrated to India and their descendants a re foreigners and
therefore not part of the nation. Thus the Muslims, Christians and
Parsis, who are not indigenous to India and hence outsiders should
either 'Indianise' themselves or live like 'second class citizens
without any rights or privileges'.5 This naturally raises the question
who the original inhabitants were. Were the Aryans, to whom the upper
caste Hindus trace their lineage, indigenous to India? The opinion of
scholars of ancient history, based on archaeological and linguistic
evid ence, has been that Aryans had migrated to India, in all
probability in small groups, over a period of time.6 If this view is
correct, the assumption that the non-Hindu is the only 'outsider'
becomes untenable and the historical rationale for the Hindu nation
basedon Vedic lineage also becomes suspect. The present attempt to
invent the indigenous origins of Aryans, which is supported more by
speculation rather than tangible evidence, is rooted in an anxiety to
overcome this paradox. That the Hindutva historians are not hesitant
to fabricate evidence to prove their contention has been ably
demonstrated by Professor Michael Witzel and Professor Steve Farmer in
their recent article on the Harappan seal.7

The distinction between the indigenous and the 'outsider' is also
sought on the basis of the pure and the impure. The claim to purity,
traced to the idyllic past uncontaminated by the intrusion of the
'outsider', is an essential ideology of religious fun damentalism. One
among the various indicators of this distinction is food habit: those
who ate flesh and those who did not. It is now claimed by the
ideologues of the Sangh Parivar that the Aryans did not partake of
beef, although copious evidence exists , both literary and
archaeological, to the contrary. After a survey of the evidence from
various excavations since 1921, the doyen of Indian archaeologists,
H.D. Sankalia, has opined that "the attitude towards cow slaughter
shows that until the beginning of the Christian era the cow/ox were
regularly slaughtered for food and for the sacrifice etc., in spite of
the preaching of Ahimsa by Mahavira and the Buddha. Beef eating,
however, did decrease owing to these preachings, but never died out
completely". 8 The literary evidence from the Vedic and later periods
are also plenty. Panini, for instance, calls a guest a Goghna, which
means one for whom a cow is killed.9 Even Vivekananda refers to
instances of Rama and Krishna drinking wine and eating meat and Sita
offering meat, rice and wine to the river goddess Ganga in Ramayana
and Mahabharata. In fact, he considered the meat-eating habits of the
Aryans a virtue and attributed the decline of the Hindus in modern
times to the departure from it!10 Yet, the slaughter of cow and eating
beef are now invoked as signs of otherness in a bid to distinguish the
indigenous from the 'outsider'.

Apart from defiling the sacredness and purity of indigenous life, the
communal history also attributes to the 'outsider' a politically
disruptive role. The political history of India, in the account given
by Vinayak Damodar Savarkar, the progenitor of th e concept of
Hindutva, is a story of foreign invasions and Hindu resistance.
According to him, there were six major invasions of India, which were
successfully met by the Hindus. He characterises them as six 'glorious
epochs' in which the valour and brav ery of the Hindus overcame the
external threat. These 'glorious epochs' are the periods of
Chandragupta and Pushyamitra when the Greek invasions were repelled,
followed by those of Vikramaditya and Yashodharma who defeated the
Shakas and the Huns respect ively. In imagining the Hindu nation as a
historically constituted political entity, this religious view of the
conflict with the 'outsider' is a major factor.11

The consolidation and mobilisation of the Hindus are the main
objectives of the communal construction of history of which Savarkar
set a worthy example. Towards this political end, a systematic
attempt, embracing both the academic and popular histories, has been
on the anvil for quite some time, particularly during the last two
decades. The main thrust of this effort has been to further the
communal consciousness of history. Whenever the Bharatiya Janata Party
(BJP) or its earlier incarnation, the Jan S angh, was able to gain
access to power they have not spared any effort to promote Hinduised
history at the expense of secular history. In 1977, at the instance of
the Rashtriya Swyamsevak Sangh (RSS) the government of the Janata
Party, of which the Jan S angh was a partner, tried to withdraw the
history books published by the National Council for Educational
Research and Training (NCERT) on the ground that they were not
sufficiently Hindu in their orientation. In more recent times, the BJP
governments in Rajasthan, Uttar Pradesh, Madhya Pradesh and Delhi have
revised their textbooks to introduce a communal view of the past,
highlighting the achievements and contribution of the Hindus and
undermining or misrepresenting the role of others. The present gov
ernment at the Centre, led by the BJP, has tried to lend support to
this effort by saffronising research institutions such as the Indian
Council for Historical Research (ICHR), Indian Council for Social
Science Research (ICSSR), Centre for Advanced Studi es (CAS) and so
on. Given the tradition of secular historical writing, these state
interventions to further the influence of communal history have
elicited strong resistance from the fraternity of professional
historians, as they have realised the danger the communal
mythification poses to the discipline of history.

Simultaneously, several initiatives have been taken to transform the
popular historical consciousness in favour of the communal. Among them
the setting up of Bharatiya Itihas Sankalan Samiti, with four hundred
branches all over the country, is particular ly significant. Its brief
is to prepare the history of all districts keeping as the ideal the
history written by P.N. Oak, whose main contribution is the
identification of every medieval monument as a Hindu structure.
Incidentally, Oak recently approache d the Supreme Court of India with
a request to declare the Taj Mahal a Hindu building. The Supreme Court
has indeed dismissed the plea stating that Oak seems to have 'a bee in
his bonnet'. But it has not deterred the Archaeological Survey of
India (ASI), under the influence of the Sangh Parivar, to look for a
Hindu temple under every medieval monument! The latest excavation is
at Fatehpur Sikri, a monument constructed by the Mughal Emperor Akbar,
from the vicinity of which Jain idols have been unearthed and promptly
identified as disfigured by Akbar. The present chairman of the ICHR,
B.R. Grover, who has distinguished himself by the statement that the
Babri Masjid had collapsed and not destroyed, saw even the hand of
Auragazeb in this disfigurement! Th e archaeologists of the Sangh
Parivar who are eager to excavate the site of every medieval monument
are totally indifferent to the danger the excavations might spell to
these heritage sites.

The Sangh Parivar, with the support of the government if possible and
without it if necessary, has been engaged in the construction and
dissemination of mythified histories which would help further its
religious politics. Among the innumerable examples o f such
mythification, the 'histories' of Ayodhya circulated during the
Ramjanmabhoomi campaign through political and religious networks,
using audio, video and print materials, are the most instructive. In
fact, mythified histories of Ayodhya considerabl y helped to propel
the campaign. The mythification mainly served two objectives. Firstly,
to prove the deliberate and hostile acts of the 'outsider' and
secondly, to invoke the tradition of resistance and struggle the
Hindus had waged since the 16th cent ury in defence of their faith.
These histories foregrounded many a myth as established 'facts' of
history which later found their way into the textbooks in schools in
BJP-ruled States and those run by the RSS.

In these 'histories' the desecration and demolition of temples by the
medieval Muslim rulers form a central theme, substantiating thereby
the iconoclastic beliefs as well as the religious fanaticism of the
followers of Islam. Such an interpretation, howe ver, overlooks two
significant facts of medieval history. First, as Richard Eaton has
shown in a recent essay, well before the coming of the Muslims to
India temples had been the sites for the contestation of kingly
authority. The early medieval history abounds in instances of
desecration and destruction of temples of their political adversaries
by Hindu rulers. The Cholas, the Pallavas, the Chalukyas, the Palas
and many others had indulged in this 'irreligious' act.12 Secondly,
most of the desecration and destruction took place when "Indo-Muslim
States expanded into the domains of non-Muslim rulers". Once the
territory was conquered and integrated into the kingdom, such
expression of 'fanaticism' rarely occurred. Tipu Sultan, for instance,
desecrated temples during his invasion of Malabar, but after the
conquest he gave generous land grants to several of them. Also he is
not known to have desecrated temples in his own kingdom. On the
contrary, when a Hindu religious institution like the Sringeri Mat was
plundered and destroyed by a Maratha chieftain, Tipu Sultan had met
the expenses for its reconstruction. Similarly the Mughal rulers
generally 'treated the temples lying within their sovereign domain as
state propert y' and 'undertook to protect both the physical
structures and their Brahmin functionaries'.13 Such an attitude
informs even the policy of Aurangazeb, as evident from his orders to
his officials to protect the Brahmins of Benares. The departure from
this general policy, however, occurred either at the time of war or
rebellion as in the case of th e desecration of temples in Orcha by
Shajahan and in Mathura and Benares by Aurangazeb. Thus political
exigencies rather than a 'theology of iconoclasm' were the driving
force behind the destruction and desecration of temples. Yet, the
communal interpret ation of history adopts a purely religious view to
stigmatise the present-day Muslims - described as Baber ke Santan
(children of Baber) - as enemy.

The stigmatisation of the 'outsider' as enemy is not an end in itself.
Its purpose is mainly political: to recall to memory a heroic
tradition of resistance against the 'outsider' and thus to stir the
Hindus out of their lethargy and, in the provocative words of Sadhvi
Ritambara, from their impotence, so that they consolidate and realise
their power. The communal 'histories' of Ayodhya have, therefore,
invented the myth of the heroic resistance to the demolition of the
temple in the birth place of Shri Ramachandra and the later efforts to
reclaim it. A pamphlet entitled, "Shri Ram Janmabhoomi Ka Rakt Ranjit
Itihas" (The Blood Stained History of Shri Ram Janmabhoomi), published
by the Vishwa Hindu Parishad (VHP) claimed that at the time of the de
molition of the temple, 1,74,000 Hindus sacrificed their lives
fighting against the Muslims. The pamphlet then goes on to record the
77 battles fought thereafter to reclaim the temple in which 3,50,000
Hindus had laid down their lives. The reference to t he exact numbers
involved gives certain historical veracity, which though imaginary
facilitates the social acceptance of myth as history.14

This is not to argue that myths, though lacking historicity, are
'hollow tales' without any element of historical truth.15 The origin
of the myth of 77 battles, for instance, can be traced to an actual
historical incident, even if it was not l inked with the
Ramjanmabhoomi temple: a fight between the Muslims and the Hindus in
1855 over a temple located near the Babri Masjid and dedicated to
Hanuman.16 Interestingly, this battle was waged by a Muslim faqir who
claimed the existence o f a mosque below this temple. During the
course of the inquiry into this incident, conducted by an official of
the Nawab of Awad and the British Resident, the local inhabitants did
not refer either to the existence of the Ramjanmabhoomi temple or
conflic ts in the past between the Hindus and the Muslims over the
possession of the mosque.17 The myths about the Mandir was therefore a
later construction, in all probability an outcome of property disputes
and political interests.

Larger Context

The rewriting of history in which the Sangh Parivar is currently
engaged is not internal to the movements within the discipline of
history. It is integral to a larger and long-term project aimed at
reordering the secular character that informed the educa tional and
cultural policies of independent India. Towards this end, the Sangh
Parivar has already undertaken several initiatives. Prominent among
them are the changes in the content of education, the organisation of
a parallel school system and the cont rol over cultural institutions.

In the field of education the University Grants Commission (UGC) and
the NCERT appear to be pursuing a communal agenda. The UGC is
reportedly working on a uniform syllabus for the country and as a part
of it is preparing to introduce courses on Vedic stu dies, astrology,
palmistry and Hindu rituals. A band of Hindu pandits armed with
university certificates will soon be available, particularly to non-
resident Indians, to conduct the rituals at the time of birth,
marriage and death! The only consolation i s that the Chairman of the
UGC promises to provide such academic service to non-Hindus also. It
appears that the concept of university is undergoing revolutionary
changes inspired by the swadeshi ideas advocated by the Minister for
Human Resource Development. The UGC also insists that all universities
and institutions under them be subjected to the recognition of the
National Accreditation Council. It is feared that such a
standardisation will undermine the autonomy of universities and thus
facil itate the introduction of a 'national' curriculum.

The preparation of a 'national' curriculum framework for school
education is also the urgent task undertaken by the NCERT. The
discussion document released by the NCERT clearly underlines a change
from secular to religious education. Most of the suggesti ons in this
report have a revivalist and chauvinistic ring about them. It
advocates an indigenous curriculum which would 'celebrate the ideas of
native thinkers' among whom non-Hindus are conspicuous by absence. One
of the aims of the new curriculum is ' to inculcate and maintain a
sense of pride in being an Indian through a conscious understanding of
the growth of Indian civilisation and also contributions of India to
the world civilisations in its thoughts, actions and deeds'. The
external influences o n the shaping of the Indian civilisation are
completely overlooked. The concept of secularism itself is sought to
be given a religious meaning by suggesting that sarvadharma samabhava
would facilitate 'the view that religion in its basic form (dev oid of
dogma, myth and ritual) would draw younger generations to basic moral
and spiritual values'.18

Both the UGC and the NCERT appear to draw inspiration from the scheme
prepared by an RSS education outfit, Vidhya Bharati, and presented by
the Human Resource Development Minister to the conference of State
Ministers of Education in 1998. In the name of 'Indianising,
nationalising and spiritualising' education, the attempt then was to
replace secular education with an indigenous system rooted in Hindu
knowledge. To achieve that end, Sanskrit was proposed as a compulsory
subject in schools and the induct ion of the valuable heritage of the
Vedas and Upanishads in the curriculum from the primary to the higher
level, including the vocational stream. Besides these, Indian culture,
conceived in Hindu religious terms, was to form an integral part of
all cours es.19 The incorporation of Sanskrit and Indian culture into
the curriculum is in itself not an undesirable step, but that it
privileged the Hindu system of knowledge to the exclusion of others
amounts to an infringement of the tenets of a secular state. Althou gh
this scheme had to be abandoned due to secular opposition, it gave a
foretaste of the future, if and when the Sangh Parivar gained
sufficient political clout.

The attempt to Hinduise the system of education had, however, begun
much before the BJP gained access to government power. As early as
1942 the RSS had initiated steps to organise its own educational
network. Since then the number of schools run by the P arivar has
steadily increased. It is estimated that now there are about 70,000
schools under its management. And the VHP has recently announced its
intention to further expand its educational activities, particularly
in tribal areas. With the financial a nd administrative assistance
proffered by the present government, a parallel system of Hindu
education is being brought into existence, under the guidance of an
all-India organisation called the Vidya Bharati Shiksha Sanstan, set
up in 1978. It was to he lp this system that the Minister for Human
Resource Development recently mooted the idea of extending the
educational privileges so far enjoyed by the minorities under the
Articles 29 and 30 of the Constitution to all others.20 The rather
well-organised attacks on Christians, who own a fairly large number of
educational institutions, are also rooted, at least partially, in this
interest, as it is not possible to capture the educational sector
without eliminating the Christians.

The curriculum of these schools is unambiguously Hindu and militantly
communal, be it related to history, politics or literature. The
textbooks, particularly of history, prescribed in these schools are so
oriented to lend legitimacy to communal politics by stigmatising the
'outsider' and valorising the Hindu. In the process, history is turned
into myth which tends to inculcate in the young minds a false sense of
religious pride and hostility to the members of other denominations.
Not only the entire cul tural tradition is appropriated as Hindu, the
past is represented as a saga of Hindu valour and bravery. In fact,
the defeat of almost every Hindu ruler at the hands of an 'outsider'
is reinterpreted as a victory. A good example of such mythification is
an account of the war between Muhammad Ghori and Prithviraj Chauhan.
In the second battle of Tarain, which Prithviraj lost, he was captured
and executed by Ghori. This historical event is described in one of
the textbooks as follows: "Muhammad Ghori kill ed lakhs of people and
converted Vishwnath temple and Bhagawan Krishna's birthplace into
mosques. He took Prithviraj to Gazni, but Prithviraj killed him there
with one arrow and Muhammad Ghori's corpse lay on the feet of
Prithviraj as if narrating the ta le of his sins."21

The main objective of the rewriting of history is to impart certain
historical legitimacy to communal politics. The way the Indian
national movement is represented in the textbooks used in RSS-
administered schools and the desperate attempt of the ICHR to suppress
the volumes of Towards Freedom are among the several ongoing efforts
in this direction. It is common knowledge that the RSS hardly had any
role in the national movement, except as active collaborators of
colonialism. Yet, the Sangh Pariv ar is keen on appropriating its
legacy, as it would give a much-needed national legitimacy. The
history of the national movement is therefore being rewritten to
establish that the RSS had indeed played a positive role in the anti-
colonial struggle. This requires the projection of its leaders as
freedom fighters on the one hand and the suppression of their actual
role, on the other. In such rewritten history incorporated in all
textbooks of Vidhya Bharati, the founder of the RSS, Keshav Baliram
Hedgewar, figures as a great leader of the anti-colonial struggle,
much ahead of Mahatma Gandhi and Jawaharlal Nehru.22 In a textbook
prescribed by the Uttar Pradesh government, out of about 20 pages
devoted to the Freedom movement, three pages take up the contribution
of Hedgewar, who is credited with the leadership of the agitation
against the partition of Bengal.23

The successful projection of such a positive image of the RSS and its
leaders would depend upon the suppression or elimination of counter
factual evidence. That appears to be the brief of the ICHR, as evident
from the attempt to withdraw the volumes of < I>Towards Freedom. The
published volumes of Towards Freedom do not credit the RSS with any
role in the anti-colonial struggle. Instead there is evidence in them,
in the form of letters and speeches of its leaders, about its active
collaboratio n with the British colonial rule. The ICHR, now firmly
under the control of the RSS, is understandably eager to prevent the
publication of further volumes and withdraw the existing ones, as
they, being documentary histories, would expose the claims of th e
RSS. The knowledge about the role of the RSS, to which the public will
have access through these volumes, is likely to undermine the
nationalist credentials of the Sangh Parivar. It is this fear of
history, which has prompted the ICHR to make the rathe r desperate
move to withdraw the volumes from the Press. In the process all
institutional procedures have been violated and the academic freedom
of the authors has been infringed.

What the ICHR has tried to do rather clumsily and secretly - the
authors who were commissioned to edit the volumes were not even
informed, let alone consulted - is not an isolated incident, but part
of an anti-secular, anti-democratic rightwing agenda wh ich the
present government with the active participation of various arms of
the Sangh Parivar has been pursuing. Towards this end, secular opinion
has been systematically eliminated from all research institutions and
cultural organisations funded by the government and replaced by the
activists or loyalists of the RSS. There is also well-planned and
systematic vilification of secular intelligentsia, as evident from the
false and malicious accusations recently levelled against historians
by Arun Shourie, an RSS ideologue and a Minister in the present
government.

The freedom of expression is particularly under surveillance in the
cultural field. No effort is spared to suppress the long cherished and
historically evolved plural and secular traditions. The artists and
cultural activists who follow such traditions h ave been under severe
strain, often faced with threats and even physical attacks. Some time
back a panel on Ramayana, based on Jataka tales, displayed in an
exhibition on Ayodhya mounted by a cultural organisation, SAHMAT, was
destroyed by the members of the Sangh Parivar. M.F. Husain's paintings
and Deepa Mehta's films have also aroused the ire of the Sangh Parivar
for alleged disrespect to Indian tradition. On the whole, there is a
tendency to control the intellectual and cultural life in conformity w
ith a fundamentalist view. In the way such a view is implemented,
irrationally and aggressively, there are unmistakable signs of fascist
tendencies.

The instrumentalist role of the rewriting of history currently being
promoted by the government and the Sangh Parivar for defining and
demarcating the nation as Hindu, imparts to it an essentially
political character. The stigmatisation of the 'outsider' as enemy
validated by historical experience lends the rationale for the
communal programme of marginalising, if not externalising, the members
of other denominations. Derivatively, it also legitimises the claim of
the 'indigenous' to the nation. The oth erness of 'outsider' therefore
serves as a signifier for internal consolidation and homogenisation.
To the early ideologues of communalism, such as V.D. Savarkar and M.S.
Golwalkar, the religious interpretation of history was the necessary
ideological gr oundwork for recovering the Hindu nation. The present
engagement of the communal forces with history is with no other intent
which, if succeeds, would unsettle the secular character of the
nation. Therefore the current debate about history in India is as much
about the integrity of the discipline as about the future well-being
of the country.

K.N. Panikkar is Professor of Modern History at the Centre for
Historical Studies, Jawaharlal Nehru University, New Delhi.

1. Maurice Godellier, Perspectives in Marxist Anthropology, Cambridge,
1977, pp.207-09.

2. Tapan Roy Choudhry, Perceptions, Emotions, Sensibilities, New
Delhi, 1999 and John Zavos, The Emergence of Hindu Nationalism in
India, New Delhi, 2000.

3. Romila Thapar, 'The Image of the Barbarian in Early India' in
Ancient Indian Social History, New Delhi, 1998, pp.152-192; Aloka
Parasher, Mlecchas in Early India, New Delhi,1991 and Brajadulal
Chattopadhyaya, Representing the Other? Sanskrit Sources and the
Muslims, New Delhi, 1998.

4. K.S.Singh, People of India: An Introduction, New Delhi, 1995.

5. M.S.Golwalkar, We or our Nationhood Defined, Nagpur, 1947.

6. Romila Thapar, 'The Rgveda: Encapsulating Social Change' in
K.N.Panikkar et.al. (ed) The Making of History, New Delhi, 2000, pp.
11-40; R.S. Sharma, Advent of the Aryans in India, New Delhi, 1999
Shereen Ratnagar, End of the Great Har appan Tradition, New Delhi,
2000.

7. An advocate of this theory is a computer scientist based in North
America, N.S. Rajaram, who has authored two books, Aryan Invasion of
India (1993) and The Politics of History (1995). The arguments and
interpretations in these two books are found to be fictional and
historically unfounded. See Shereen Ratnagar, Revisionist at work: A
chauvinistic Inversion of the Aryan Invasion Theory, Frontline,
February 9,1996. More grievously Rajaram has been found faking
evidence by Michael Witzel, Wales Professor of Sanskrit at Harvard
University. For his findings and criticism see website,
http://www.Safarmer.com/horseseal/update.html (The authoritative
version of Witzel and Farmer's collaborative work on Rajaram's
supposed findings has b een published as a cover story in Frontline,
October 13, 2000.)

8. H.D. Sankalia, 'In History', Seminar, No. 93, May 1967, pp.12-16.
Also see Alan Heston, 'An Approach to the Sacred Cow of India',
Current Anthropology, Vol.12, No.2, April 1971 and Marvin Harris, 'The
Cultural Ecology of India's Sacred Cattle', Cultural Anthropology, Vol.
7, No. 1, February 1966.

9. P.V.Kane, History of the Dharma Shastras, Pune, 1975, Vol.ii, pp.
772-76.

10. Complete Works of Vivekananda, Vol.V, Calcutta, 1966, pp.477-498.

11. Vinayak Damodar Savarkar, Six Glorious Epochs of Indian History,
Bombay, 1966.

12. Richard M. Eaton, 'Temple Desecration and Indo-Muslim States' in
Essays on Islam and Indian History, New Delhi, 2000.

13. Ibid.

14. K.N. Panikkar (ed.), The Concerned Indian's Guide to Communalism,
'Introduction', New Delhi, 1999, p.xiii.

15. Paul Veyne, Did the Greeks Believe in the Myth?, Chicago,1983.

16. K.N. Panikkar, 'An Overview' in S. Gopal (ed.) Anatomy of a
Confrontation: Babri Masjid-Ramjanmabhumi Issue, New Delhi, 1991.

17. The details of this incident and the report of the enquiry are
available in Foreign Political Consultation, No.34, 28 December 1855,
National Archives of India, New Delhi.

18. National Curriculum Framework for School Education - A Discussion
Document, NCERT, New Delhi, 2000, p.24.

19. 'Conference of State Education Ministers and Education
Secretaries, October 22-24, Agenda Papers, Annexure.

20. Ibid.

21. National Steering Committee on Textbook Evaluation:
Recommendations and Report, NCERT, p. 6, New Delhi, 1998.

22. See Sanskar Saurab Series published by the Bharatiya Shiksha
Samiti, Rajasthan.

23. National Steering Committee on Textbook Evaluation:
Recommendations and Report, NCERT, p.14

http://www.flonnet.com/fl1801/18010730.htm

Volume 23 - Issue 01, Jan. 14 - 27, 2006
India's National Magazine
from the publishers of THE HINDU

COMMUNALISM
A saffron assault abroad
NALINI TANEJA

The Hindu Right's attempts to rewrite school textbooks on India and
Hinduism in California meet with stiff resistance from renowned
historians and scholars in the U.S. and abroad.

THE connections between communalist political strategies and textbook
revisions were explored in detail in the media when the Bharatiya
Janata Party (BJP) went about changing the syllabus of the National
Council of Educational Research and Training (NCERT) and getting
school history textbooks rewritten while in government. But few would
imagine that the Rashtriya Swayamsewak Sangh (RSS)-linked
organisations were in a position to put their stamp on school
textbooks in California in the United States. The partial success of
the "education" wings of the Hindu Swayamsewak Sangh in getting many
of their revisions approved by the Curriculum Commission (CC) of the
California State Board of Education has caused a virtual
"international scandal".

The State Board of Education, California, is currently engaged in
approving the history/social science textbooks for grades six to eight
in schools, an exercise undertaken periodically. The Hindu Education
Foundation and the Vedic Foundation (based in the U.S.) have used the
occasion to push through "corrections" in the textbooks approved.
Shiva Bajpai, who constituted the one-member ad hoc committee set up
by the Board, succeeded in getting virtually all the changes requested
by these organisations incorporated into the textbooks. Professor
Emeritus at California State University, Northridge, and a Hindutva-
leaning adviser to the Board, Bajpai was proposed as expert by the
Vedic Foundation. That the Hindutva groups have not had a walkover is
thanks to the vigilance and commitment of the many academics involved
in Indian studies all over the world. Intervention by Professors
Michael Witzel and Steve Farmer in the form of a letter, signed by 50
other scholars, presented at a public hearing on November 9, resulted
in the Board reversing its initial approval of the pro-Hindutva
changes. Prof. Witzel is a well-known Indologist and has often taken
up the cudgels against Hindutva ideologues such as David Frawley, N.S.
Rajaram and Konrad Elst in the West.

Witzel's letter, endorsed among others by renowned Indian historians
Romila Thapar, D.N. Jha and Shereen Ratnagar, to Ruth Green,
President, State Board of Education, California, on behalf of "world
specialists on ancient India", voicing "mainstream academic opinion in
India, Pakistan, the United States, Europe, Australia, Taiwan and
Japan" on the issue, is now part of a concerted campaign encompassing
well-known scholars and hundreds of teachers and parents in
California.

These scholars make the important point that the "corrections"
proposed by the Hindu Right in the U.S. reflect political agendas
discriminatory to millions of people in India, especially the
minorities, `lower' castes, and women; and that such revisions have
already been debated thoroughly and rejected by academics and
progressive political opinion in India. Besides, they "do not reflect
the views of majority of the specialists on ancient Indian history,
nor of majority of the Hindus".

Asserting that "the proposed revisions are not of a scholarly, but of
a religious-political nature and are primarily promoted by Hindutva
supporters and non-specialist academics writing about issues far
outside their areas of expertise", the scholars have called on the
Board to "reject the demands by nationalist Hindu (Hindutva) groups".
From India, 12 historians have written to the CC to reject the changes
proposed by the RSS-linked organisations in the U.S.

Signatures opposing the sectarian changes have been pouring in by the
day and the Board, now alert to the issue, has constituted a new
Content Review Committee (among its members are Professors Witzel,
James Heitzman and Stanley Wolpert), which has put together a list of
recommendations that "allow for only such changes as meet the
standards of objective scholarship".

On the other side, the Hindu Education Foundation and the Vedic
Foundation protested the constitution of the Content Review Committee
and the inclusion of Witzel on it. They launched a campaign that the
"corrections" were incorporated through a proper procedure and claimed
that Witzel knew little about Hinduism and ancient Indian history.
They also asserted their right to represent Hindus in the U.S. and
their authority to decide what is the `authentic' depiction of
Hinduism and ancient Indian history.

Frantic mobilisation by Pranawa C. Deshmukh, a professor of physics at
the Indian Institute of Technology, Chennai, in support of the changes
suggested by the Vedic Foundation and the Hindu Education Foundation,
and the pressure of a host of organisations that constitute the
`parivar' in the U.S. resulted in many of the proposed changes in
textbooks getting the approval despite scholarly opinion being heavily
weighted against it.

The details of how this was achieved remind one of the way in which
RSS-sponsored revisions of textbooks were pushed through during the
BJP's tenure in power at the Centre. During the meeting for the
adoption of the recommendations of the Board by the CC in the course
of a public hearing on December 1 and 2, 2005, the members of the
Commission actually flouted the mandate of the Education Board. Of the
total 156 edits requested, the CC accepted 97 that conformed to what
the Hindutva organisations had proposed.

According to Witzel, "the proceedings of the CC meetings were highly
skewed, irregular and contravened the mandate given by the Board". The
Board had directed that the Commission approve only edits that
"improve the factual accuracy of materials". Instead, matters were so
arranged that several Commissioners had already left in the afternoon
of December 2, by the time this was voted on. Others abstained as they
did not know about the matter at hand (but with stacks of related
papers in front of them which they apparently had not read, including
the letter by more than 100 U.S. professors of Indian background and
others by groups of concerned Indian Americans). All were tired, and
one Commissioner, Stan Metzenberg, Professor of Biology at California
State University, Northridge, took the chance to push through
aggressively the Vedic Foundation's agenda. "The CC redefined their
mandate repeatedly, contravening the mandate of the Board that the
Commission should approve only edits that `improve the factual
accuracy of materials'; they allowed additional changes made from the
floor by Hindutvavadins to be inserted; they pushed through a
sectarian agenda that redefines Indian history and Hinduism," Witzel
said.

The Hindu Education Foundation appreciatively quotes Metzenburg as
saying: "I've read the DNA research and there was no Aryan migration.
I believe the hard evidence of DNA more than I believe historians."
However, finally it had to be agreed as: "Some historians believe in
the theory of an Aryan migration." He insisted that "Hindus should at
least be able to recognise their own religion when they read these
textbooks". In short, the textbooks must reflect popular common sense
rather than strive to mould/challenge popular common sense on the
basis of objective historical facts or the gains of scientific
enquiry.

Witzel puts it thus: "California has been hijacked by a saffron
agenda, worse by a sectarian saffron agenda. In this case, a strident
Vaishnava one that excludes Shaiva, Devi, Tantric, Lingayat and other
forms of Hindu worship and Darshana... The new CA [California] history
textbooks will reflect that."

Going by the "corrections" approved, the word "murti" means "God" (the
CC agreed to the Hindu request to change "statue" to "deity"), the
translation of "brahman" is "God", and all Hindus believe in God whose
name is Bhagwan.

The "corrections" demanded by the Hindutva organisations are integral
to the Sangh Parivar's political agenda in India, and similar to what
the BJP government was trying to do with the NCERT syllabus and
textbooks in social sciences, particularly history.

For example, among the "corrections" suggested is a clear attempt to
deny the integrality of the caste system in ancient India; it was
proposed to delete the reference altogether in one textbook. In
another, it was proposed that the picture of an untouchable be
removed. In yet another book, a reference to caste system as part of
Aryan society was replaced by: "During Vedic times, people were
divided into different social groups (varnas) based on their capacity
to undertake a particular profession." Another reference to caste is
to read as: "A late hymn of the Rg Veda describes the
interrelationship and interdependence of the four social classes."

On women, it was suggested that the references to gender bias in
ancient India were incorrect and insulting to Hindu society. Therefore
the line, "Men had many more rights than women" was to be replaced by,
"Men had different duties (dharma) and rights than women. Many women
were among the sages to whom the Vedas were revealed."

In another textbook, the changes included a specific addition that
"the recent archaeological proofs are negating the Aryan invasion
theory. The new theory suggests that Aryans were not the outsiders".
Elsewhere: "They [Aryans] were part of a larger group of people
historians refer to as the Indo-Europeans" is replaced with the
statement: "Some historians believe the Aryans were part of a larger
group of people known as the Indo-Europeans." "The Vedas came to form
the major beliefs of the religion called Brahmanism" is replaced with:
"The Vedas constitute the source of Hinduism." Early Aryan religion is
to be replaced with references to early Hindu religion.

Still other corrections follow the familiar pattern of ante-dating the
Rg Veda, confusing dates of Indus and Harappa city-based civilisations
with the Vedic civilisation, conflating Brahmanical practices with
Hinduism, describing the Vedas as the source and basic texts of
Hinduism, denying the plurality of gods worshipped through history in
favour of one God in different forms, depicting sudras as "serving all
classes" and doing "labour-intensive work" rather than serving `upper'
castes and so on. The current Hindutva preoccupations such as
asserting the sacredness of cows, vegetarianism and the Saraswati
civilisation myth have also found their way into the textbooks.

Tolerance is shown as "usual" for the time of Asoka in ancient India;
the references to technology, science and mathematics in ancient India
have been modified to enable suitable glorification; and negative
aspects of society are either deleted or presented as cultural
specificities rather than as oppressive ones.

THE moves by the Hindu Right in the U.S. are no flash in the pan. The
web sites of two of the organisations spearheading the Hindutva
campaign - the Hindu Education Foundation and the Vedic Foundation -
expressly state the revision of school textbooks in the U.S. as part
of their political agenda. They regularly "interact" with State
Education Committees that define school curriculum, conduct seminars
and training programmes for teachers and "create resources" for
parents who "wish to provide such opportunities for educators in their
own areas". There are fora of all kinds offering entertainment,
educational services and social support to youth. Alternative social
networks through bhajan mandalis, yoga centres, discussion groups,
special programmes and publications devoted to children, answer the
yearnings for roots and culture among immigrants. The RSS-linked
organisations have penetrated all these and are creating new ones all
the time. The entire effort is part of the RSS' larger goal to
"educate" Hindu children brought up in the U.S. to be "good Hindus"
and to "learn the truth about Indian history and culture", and
ultimately to finance their "social work" in India.

Not long ago, citizens' groups in India and North America exposed the
nexus between funding of charities in the West and the hate campaigns
and the expansion of communal networks of the Sangh Parivar in India.
Infusing hatred directly or through the educational set-up is not as
easy in the U.S. as it is through the Vidya Bharati schools and the
Ekal Vidyalayas in India. The strategy of the Hindu Right is different
in the U.S. It does the next best thing: it creates innumerable social
networks where prejudices are nurtured and fascist solutions to
problems legitimised, and glories of ancient India and Hinduism rule
the roost.

http://www.flonnet.com/fl2301/stories/20060127000807700.htm

Volume 16 - Issue 9, Apr. 24 - May. 07, 1999
India's National Magazine
from the publishers of THE HINDU

COVER STORY
The DMK's turnabout

The circumstances surrounding the fall of the Vajpayee Government may
lead to a realignment of political forces in Tamil Nadu, where the
ruling DMK finds itself politically isolated.

T.S. SUBRAMANIAN
in Chennai

EVEN as All India Anna Dravida Munnetra Kazhagam general secretary
Jayalalitha helped push Vajpayee Government out of power, her
principal political rival in Tamil Nadu, Chief Minister and Dravida
Munnetra Kazhagam president M. Karunanidhi, stood politically isolated
from his erstwhile allies. Karunanidhi's gamble in deciding to support
the BJP-led Government in the vote of confidence, breaking ranks with
four allies - the Tamil Maanila Congress (TMC), the Communist Party of
India (Marxist), the Communist Party of India (CPI) and the Janata Dal
- failed.

Indeed, no party in Tamil Nadu has emerged with a creditable image
from the latest political battle. Clearly, it was not "national
security", as Jayalalitha claimed, but her personal agenda to get the
DMK Government dismissed and extricate herself from the corruption
cases she faces that in the end drove her to desert the BJP-led
Government. On the other hand, the DMK's volte-face and its voting
alongside the BJP made a mockery of its claims to upholding the
Dravidian legacy of combating communalism; Karunanidhi sought to
justify his decision by saying that "Jayalalitha's corruption is more
dangerous than communalism."

The TMC seems to have emerged relatively unscathed; the party made
known its stand opposing in equal measure the BJP's communalism and
the AIADMK's corruption. TMC president G.K. Moopanar did not yield to
pressure from the DMK, some other parties and film actor Rajnikant to
bail out the Vajpayee Government by voting in support of the
confidence motion or abstaining during the vote. Moopanar also
reportedly told Congress(I) president Sonia Gandhi and other
Congress(I) leaders that his party would not support a Congress(I)-led
Government in which the AIADMK was a partner.

Soon after the Vajpayee Government was voted out, Moopanar, in a clear
reference to the AIADMK, said: "Corrupt elements cannot be allowed to
go out of one door and re-enter the government through another door...
The TMC hopes that the Congress(I) will adhere to the principles
contained in the (Pachmarhi) declaration and that the new formation
will fight the twin evils of communalism and corruption."

Sources in the Left parties said that the DMK had placed "personal
interests above national interests" and had lost out eventually.
Informed sources in the TMC and the Left parties said that the DMK had
stood on prestige and that its actions were motivated by a desire to
see that Jayalalitha did not get the "credit" for toppling the
Vajpayee Government. A Left leader said: "If the DMK had joined us,
the credit would not have gone to Jayalalitha. She has accomplished
what she set out to do."

Karunanidhi shrugged off the defeat of the BJP-led Government, saying:
"In a democracy, victories and defeats are common... I do not want to
pretend that I do not feel sad about the defeat." He said the reason
for the defeat was the "magnanimity" of Lok Sabha Speaker G.M.C.
Balayogi in allowing Orissa Chief Minister Giridhar Gamang to vote on
the motion.

THE fall of the Vajpayee Government and the circumstances that led up
to it may lead to a realignment of political parties in Tamil Nadu.
The TMC, the CPI(M) and the CPI may part company with the DMK and
forge a new front, and the Marumalarchi Dravida Munnetra Kazhagam
(MDMK) led by Vaiko, which was a constituent of the BJP-led coalition,
may join it. The Congress(I) and the AIADMK may formalise an alliance
and may be joined by the PMK led by Dr. S. Ramadoss.

When it became clear that the AIADMK was preparing to withdraw support
to the Vajpayee Government, the BJP set in motion efforts to win the
DMK's support. Union Home Minister L.K. Advani and Vajpayee spoke to
Karunanidhi on the phone on April 9 and 10 respectively and sought his
party's support. Informed sources in the BJP and the DMK said that
Karunanidhi told them that the DMK's ideology was opposed to that of
the BJP's Hindutva, and that in any case only the party executive
could take a decision.

The first indication that the DMK might strike out on its own came on
April 11, when newspersons asked Karunanidhi what strategy the DMK
would adopt in the light of the political developments in New Delhi.
Karunanidhi asked: "How can we be in a front in which Jayalalitha is a
part?" The DMK also came under pressure from the BJP, which pointed
out that over the past year the Prime Minister had not yielded to the
AIADMK's repeated demands for the dismissal of the Karunanidhi
Government. Vazhapadi K. Ramamurthi of the Tamizhaga Rajiv Congress
too spoke to Karunanidhi and told him that even if the DMK did not
support the BJP, it should do nothing that would assist Jayalalitha in
her efforts to topple the Government.

Even after the DMK indicated that it would go with the BJP, Moopanar
stuck to his stand. "We will always work against corruption and
communalism," he said. When Moopanar met Congress(I) leaders in the
first week of April, he put forward only one condition: a Congress(I)
government should not include the AIADMK.

DMK leaders Murasoli Maran, MP, and Health Minister Arcot N. Veerasamy
met Moopanar on April 12 in order to explain their party's stand. But
Moopanar made it clear that the TMC would have nothing to do with
either the AIADMK or the BJP and that it expected the DMK to take a
similar stand. No such assurance came from Maran and Veerasamy.

S. THANTHONI
Tamil Nadu Chief Minister and DMK president M. Karunanidhi. His
gamble in deciding to spport the BJP-led Government in the vote of
confidence, breaking ranks with his party's allies in the State,
failed.

Jayalalitha left for New Delhi on April 12, ruling out the possibility
of a rapprochement with the BJP because Vajpayee and Advani had spoken
to Karunanidhi.

On April 13 the DMK executive met and passed a resolution which said
that since Jayalalitha posed "the biggest threat to the State and the
nation, the DMK will not support any formation in which Jayalalitha
found a place directly or indirectly." Karunanidhi summed up his
party's intention when he said: "Jayalalitha's corruption is a bigger
threat than communalism." The resolution added that Jayalalitha was
bent on toppling the Government not because she opposed communalism
but because she wanted to extricate herself from the corruption cases
she was facing. Besides, the "one and only item on her agenda" was to
get the DMK Government dismissed, it said.

The DMK's stand shocked the Left parties. State CPI secretary R.
Nallakannu and State CPI(M) secretary N. Sankariah issued a joint
statement asking the DMK to reconsider its stand and take "a political
position which will be firmly against the BJP Government."

When Frontline met Nallakannu and Sankariah separately, they assailed
the DMK line that "Jayalalitha's corruption is more dangerous than
communalism." They agreed that Jayalalitha was monumentally corrupt
and that she had tried to extricate herself from the corruption cases
against her and that the BJP had aided her in this. But, they noted,
the five parties in the DMK-led front in Tamil Nadu had fought this.
However, when the AIADMK had withdrawn its support to the Vajpayee
Government because of "internal contradictions" and the Government was
about to fall, the five parties should back that move, they said.
Jayalalitha's corruption could be tackled later, after the Government
fell, they reasoned.

N. BALAJI
TMC president G.K. Moopanar. The TMC seemed to have emerged
relatively unscathed from the latest round; the party made known its
stand opposing in equal measure the BJP's communalism and the AIADMK's
corruption.

Sankariah said: "We will not protect anybody who is corrupt. The law
will take its own course."

Both Nallakannu and Sankariah squelched the DMK's fears that if the
Congress(I) formed a coalition government with the AIADMK as a
partner, the DMK Government would again be dismissed. Nallakannu said
that in the absence of a majority, the Congress(I) would not be able
to dismiss the DMK Government, and that in any case the Communist
parties would firmly oppose any such move. Nallakannu said that the
DMK's decision to support the BJP at this juncture "does not behove
Tamil Nadu's political background because the legacy of the Dravidian
parties is to oppose sectarian politics."

Informed sources said that Karunanidhi felt "insulted" that CPI(M)
general secretary Harkishan Singh Surjeet met Jayalalitha in Delhi on
April 14. CPI general secretary A.B. Bardhan too met her the next
day.

Karunanidhi accused the CPI(M) and the CPI of initiating steps that
"certainly fragmented" the Third Front. He said: "I do not know what
prompted Mr. Surjeet to ignore the DMK and talk to Jayalalitha." He
wondered what had become of the assurances from West Bengal Chief
Minister Jyoti Basu and Surjeet that the DMK and the TMC were very
much a part of the Third Front and that a collective decision would be
taken. He accused the CPI(M) and the CPI of not consulting the DMK on
the fast-moving developments in New Delhi. He said he was sure that
the political parties which had lined up behind Jayalalitha now would
see her in her true colours at the appropriate time.

SHANKER CHAKRAVARTY
Jayalalitha with CPI general secretary A.B. Bardhan at Ajoy Bhavan,
the CPI headquarters, in New Delhi on April 15. The circumstances that
led up to the fall of the Vajpayee Government may lead to a
realignment of political parties in Tamil Nadu.

CPI(M) Polit Bureau member Sitaram Yechury refuted Karunanidhi's
allegation that he had not been consulted by the Left parties. He said
the Central and State leadership of the CPI(M) had been in constant
touch with the DMK. If the DMK wanted to change its position, the Left
should "not be used as an excuse," he said.

With the defeat of the Vajpayee Government, the DMK, which is without
friends, may face tough days ahead in the political arena. Karunanidhi
admitted as much when he said that the DMK had been isolated from the
Left parties. "But we will not be isolated from the people," he
added.

http://www.flonnet.com/fl1609/16090210.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

CONTROVERSY
Artist's alienation
V. VENKATESAN

Harassment by Hindutva fanatics and law enforcers made M.F. Husain
accept Qatari nationality.

V. GANESAN

THAT India's pre-eminent artist, Maqbool Fida Husain, 94, had to
accept the citizenship of another country may well be the tragedy of
Indian secularism. On February 25, the Government of Qatar conferred
on him Qatari nationality, without his applying for the same.

Husain's acquisition of Qatar's citizenship will, in all probability,
raise questions about whether he can retain his Indian citizenship.
Under Section 9 of the Citizenship Act, 1955, any citizen of India who
voluntarily acquires the citizenship of another country shall, upon
such acquisition, cease to be a citizen of India. The key word here is
"voluntarily". Therefore, when the Central government seeks to
determine whether he "voluntarily" acquired the citizenship of Qatar,
it may well consider the circumstances that left him with no choice,
apart from the obvious facts.

The story of Husain's struggle for justice has to be traced to 1996,
when Hindutva forces were on the ascendant following their success in
electoral politics. In September 1996, an article by one Om Nagpal,
titled "Is he [Husain] an artist or a butcher?" appeared in Vichar
Mimansa, a monthly magazine in Hindi published from Bhopal. In the
article Husain's depiction of the goddess Saraswati in the nude was
reproduced. The magazine's editor, V.S. Vajpayee, had come across it
in the book Husain - Riding the Lightning by Dnyaneshwar Nadkarni.
Husain had drawn this in 1970.

Maharashtra's then Minister for Culture and Shiv Sena leader Pramod
Navalkar, who came across newspaper reports of the article, and then
read the article, wrote to the Mumbai Police Commissioner informing
him of the material referred to in the article. The Mumbai Police
treated the letter as a complaint and registered a case on October 8,
1996, against Husain under Sections 153A (promoting enmity between
different groups on account of religion, etc.) and 295A (deliberate
and malicious acts intended to outrage religious feelings of any
class) of the Indian Penal Code (IPC).

These are provisions that cannot be invoked without the sanction of
the State government. The non-application of mind by the State
government, before granting sanction, thus sowed the seeds of bigotry.
Soon after, Bajrang Dal activists barged into the Herwitz gallery in
Ahmedabad's famous Husain-Doshi Gufa art complex to destroy Husain's
paintings. They ransacked the place and the damage was estimated at Rs.
1.5 crore. Damage was inflicted on all of Husain's paintings,
including his depictions of the Buddha, Hanuman and Ganesha. The State
government's reluctance to apprehend those responsible for the attack
encouraged a culture of impunity.

Artists in Mumbai, Delhi and Ahmedabad came out in a public expression
of solidarity with Husain. Husain, then in London, issued a statement
in which he said it was not his intention to hurt people's feelings
with his art, but if he had, he regretted it.

Metaphoric art

Husain was born in a working class family of some means in Pandharpur,
Maharashtra. He intermittently attended the local college of arts in
Indore. At 17, he was apprenticed to a tailor; he also trained to
become a prayer leader. He moved to Mumbai in 1937 and lived for many
years in a slum. There he worked as an assistant to a billboard
painter, and then became a painter of signs himself. He also worked as
a furniture designer and as a toy maker. He painted determinedly
through all these phases.

His references to Indian culture are metaphoric. In fact, the
Saraswati sketch was really skeletal, an outline showing a woman as a
muse. It revealed Husain's deft strokes. There was nothing in it that
could be called grotesque. As Rajeev Dhavan records in his book
Publish and be Damned: Censorship and Intolerance in India (Tulika
Books, 2008), it was the Vichar Mimansa headline calling Husain a
butcher that built up hatred against the painter and his works. In
fact, the publication should have been indicted for hate speech.

Since Vichar Mimansa was published from Madhya Pradesh, the
prosecutions should have been launched in that State. But there is no
legal bar to prosecute from any State where the publication was
distributed. This legal labyrinth prompted Hindutva forces to choose
Maharashtra, where the Shiv Sena-Bharatiya Janata Party was in power,
rather than Madhya Pradesh, which was then ruled by a Congress
government led by Digvijay Singh.

Artists and historians had then sought to expose the vacuousness of
the protests by the Hindutva fringe groups. They pointed out that the
walls of the Hoysala temples depict a variety of Saraswati images, all
nude. Nudity was never questioned in Indian art. Experiments of early
Indian artists were much more daring than Husain's.

Hate-mongers

On May 1, 1998, Bajrang Dal activists forced their way into Husain's
South Mumbai home and created mayhem. They were ostensibly provoked by
one of his works exhibited in New Delhi. They interpreted that the
painting depicted Sita perched on the tail of a flying Hanuman, both
in the nude. Husain had never given a caption to this painting, and
the Hindutvavadis gave a free rein to their imagination.

This time, as in 1996, Husain suggested setting up a three-member
committee – an art critic, a lawyer and a representative of the Vishwa
Hindu Parishad (VHP) – that could go through his entire collection. He
said he was prepared to destroy immediately any work that the
committee found objectionable.

But the VHP-Bajrang Dal combine could not be pacified by these
concessions which, to many of Husain's admirers, seemed unwarranted.

In 2006, Husain was accused of painting a 'Naked Bharat Mata' (nude
Mother India). The painting was put up for auction by Apparao
Galleries of Chennai. The title Bharat Mata was given by the
auctioneer without reference to Husain. Husain again apologised and
withdrew the painting from the charity auction.

SEBASTIAN D'SOUZA/AFP

M.F. Husain at the inauguration of his exhibition "...and not only 88
of Husain" at the National Art Gallery in Mumbai in Janary 2004.

Although Husain apologised to stop the hate campaign, he was innocent
and had no intention of painting something profane.

The hate-mongers remained dissatisfied. It was then that Home Minister
Shivraj Patil instructed the police chiefs of Delhi and Mumbai to take
"appropriate action" against Husain on the basis of an intelligence
input that Husain's Bharat Mata and other controversial paintings of
Hindu goddesses could spark communal trouble. Newspaper reports about
the May 2006 advisory shocked the artistic community.

The advisory was based on the Law Ministry's review of about six
paintings by Husain. The Law Ministry had concluded that a sound case
had been made for the prosecution of Husain. The United Progressive
Alliance government, which now swears by its resolve to give
protection to Husain if he returns to India, has no explanation why it
responded the way it did in 2006.

Artists such as Vivan Sundaram, Ram Rahman, Shubha Mudgal, Arjun Dev,
K. Bikram Singh, S. Kalidas, Krishen Khanna and Rajen Prasad wrote to
Shivraj Patil on May 8, 2006, to withdraw immediately the advisory, if
it had been issued, as such an action had never been taken earlier
against a visual artist. "The implications of such a step are very
serious and strike at the very foundations of our democratic polity,"
they wrote. They pointed out to Patil that Husain's work is a
celebration of the multi-cultural and multi-religious life of
independent India. Though a Muslim, Husain has done a series of
paintings celebrating the Ramayana, the Mahabharata and the
mythological traditions of other religions that have taken root in
India – such as Christianity, Judaism, Zoroastrianism as well as
Islam. He was nominated to the Rajya Sabha on this acclaim.

Meanwhile, death threats were issued, putting a price on Husain's
head. Ashok Pandey, who claimed to be the president of the Hindu Law
Board, offered a Minister from Uttar Pradesh Rs.101 crore to kill
Husain in response to the Minister's offer of Rs.51 crore to any
person who assassinated the Danish cartoonist who had insulted the
Prophet.

In Gujarat, Jashubhai Patel, who was earlier president of the BJP unit
in Mehsana district, announced that he would pay one kilogram of gold
to anyone who gouged out the eyes of Husain and cut off his right
thumb so that he would never be able to make paintings of Hindu gods
and goddesses. The Congress Minority Cell in Madhya Pradesh offered Rs.
11 lakh to any patriot who would chop off Husain's hands because he
had hurt Hindu sentiments. The call was issued by Akhtar Baig, who was
vice-president of Madhya Pradesh Congress Committee in Indore.

If these threats dissuaded Husain from returning to India, he could
not be blamed for it. The police in these States did not take any
action against those who issued the threats despite their identity
having been revealed in the media. Such threats are covered under
Section 503 of the IPC (criminal intimidation), and punishment for
this offence under Section 506 is imprisonment up to seven years.

The same month, there was an exhibition of Husain's paintings at Asia
House in London. A protest was organised by Arjun Malik of the Hindu
Human Rights Campaign against the exhibition and against the Japanese
firm Hitachi that had supplied plasma screens to the gallery for
better viewing. Asia House gallery succumbed to the pressure by
concluding the exhibition much before the scheduled date.

The controversy over the Bharat Mata painting was an invitation to
bigots to use legal means to harass Husain. In a sense, the legal
process itself was a punishment. A social worker filed a complaint
before the Judicial Magistrate, First Class, in Indore, who summoned
Husain. Husain feared that his life would be in danger in Indore if he
appeared before the magistrate. A bailable warrant was then issued
against Husain. Soon other complaints followed.

Typical of these complaints was that neither the complaint nor the
summoning order referred to any sanction granted by the Central or
State governments – a mandatory requirement under Section 196 of the
Code of Criminal Procedure (CrPC). In a complaint registered in
Pandharpur, a non-existent provision, Section 501B IPC, was invoked on
the basis of which a non-bailable warrant of arrest was issued against
him by a lower court. The court directed the Kerala government to
present him in the Pandharpur court as and when he arrived in Kerala
to receive the Raja Ravi Varma Award for 2007. The basis of the
complaint was that Husain had hurt the sentiments of Hindus through
his painting of Bharat Mata. These multiple proceedings had the
chilling effect of distracting him from his obsession and love for
art. It also dissuaded him from returning to India from his self-
imposed exile in Dubai.

Landmark judgment

In December 2006, the Supreme Court directed transfer of all the
pending cases against him in Madhya Pradesh, Maharashtra and Bihar to
Additional Chief Metropolitan Magistrate, Delhi. When the ACMM issued
a summons to Husain in three such cases, he filed a revision petition
in the Delhi High Court to quash the same.

Despite the ruling of the Delhi High Court on May 8, 2008, quashing
the summons, three cases are pending against him in the Sessions Court
at Patiala House in Delhi on virtually identical charges.

Justice Sanjay Kishan Kaul delivered the landmark High Court judgment
in 2008. The essence of the judgment was that Husain's Bharat Mata
painting is not obscene, as it is not lascivious and nor does it
appeal to prurient interests. The painting depicts India in a human
form, and the naked portrayal of a concept which has no particular
face does not qualify the as obscene, Justice Kaul reasoned. By way of
an abstract expression, Husain tried to elucidate the concept of a
nation in the form of a distressed woman; the aesthetic touch to the
painting dwarfs the so-called obscenity in the form of nudity, he
explained. He also disagreed with the view that the painting could
offend religious feelings.

The Supreme Court dismissed an appeal against this judgment. But three
more cases are yet to be disposed of at the Patiala House District
Court, New Delhi. In one case, a first information report (FIR) was
registered against Husain, and the court ordered a police
investigation, which has not yet been concluded. The remaining two
cases have been transferred from other States to Delhi. It is clear
that after Justice Kaul's judgment, these cases too needed to be
quashed by the District Court. The Delhi High Court quashed one such
case in 2009. The pendency of these cases made the prospect of his
arrest and harassment real if he returned to India.

Even though Home Minister P. Chidambaram promises full security to
Husain if he returns to India, the threat of vandalism against his
paintings still looms large. Organisers of any exhibition of modern
art, let alone art summits, now tend to exclude Husain's paintings
from it.

Akhil Sibal, Husain's advocate in Delhi, said: "The Government of
India has been a silent spectator to his harassment for 15 years. It
has taken neither any clear position nor any unequivocal step to
secure him, and those who support him, a harassment-free environment.
Let the government not be held hostage and paralysed by the shrill
voices of extremists."

In the case decided by Justice Kaul, the Additional Solicitor General
while assisting the Court promised that he would advise the Central
government to take steps by way of appropriate legislative amendments
to prevent harassment of artists, sculptors, authors, film-makers and
so on in different creative fields. Justice Kaul hoped that this
aspect would get the attention it deserves and the legislature in its
wisdom would examine the feasibility of possible changes in law.

Justice Kaul had made it clear that the criminal justice system should
not be invoked as a convenient recourse to ventilate any and all
objections to an artistic work. The system, he warned, can cause
serious violations of the rights of people in the creative fields, and
this represents a growing intolerance and divisiveness within society
and poses a threat to the democratic fabric of the nation. Therefore,
he said, the magistrates must scrutinise each case in order to prevent
vexatious and frivolous cases from being filed and ensure that it is
not used as a tool to harass the accused. Rather than make empty
promises to Husain to guarantee his security if he returns to India,
the government may well initiate concrete action on the reforms
suggested by Justice Kaul.

http://www.flonnet.com/stories/20100326270611500.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

CONTROVERSY
Shock and shame
S. ARNEJA

Artist Vivan Sundaram.

IN a recent interview to NDTV, Maqbool Fida Husain, the first global
modernist painter from India, made his decision to accept Qatari
citizenship sound like a practical imperative. He said since he had
found sponsors in London (United Kingdom) and Qatar to complete his
three projects on ancient civilisations, he would have to become a non-
resident Indian (NRI) because of the excessive tax structure
prevailing in India. He justified the decision by saying that even
film directors such as Roman Polanski and Ingmar Bergman had to leave
their countries.

He said: "Had I been 40, I would have fought them [attackers of his
art] tooth and nail but here I want to focus only on my work. I don't
want any disturbance. I need all comforts and facilities to the
maximum." He added: "These boundaries are only political boundaries.
The visual arts especially is a universal language; you can be
anywhere in the world but the work that you do has a strong link to
5,000 years of our great Indian culture."

However, most artists in India expressed shame, sadness and shock at
Husain being pushed to the edge. They recalled Husain's life and the
implications of his enforced exile.

The renowned Hindustani classical singer Shubha Mudgal says: "It is
tragic that we allowed this to happen. Having gone through what M.F.
Husain has, we are no one to tell him where to go or not. The
government is talking of disaster management now but where was it all
these years? Unfortunately, art does not transcend all boundaries of
prejudices and that prevents the artistic community from taking a
stand together. To top it all, there is no space for artists to get
together to discuss Husain and other issues such as censorship. If
this can happen to Husain, what can happen to many lesser-known
artists?"

The photographer Ram Rahman hesitates to use the word "controversial"
to describe Husain's paintings. "We have to ask who made these
paintings controversial? Why use a discourse that has been defined by
right-wing militants? And how can we talk of Qatar's freedom of
expression if Husain and other artists are being attacked in India?"
He is sceptical about the Indian government's promise of security to
Husain. he said: "He is not a corporate honcho or a political leader.
He is a free bird. Would he be able to work in an environment he knows
is not conducive to work? All because you are letting the RSS
[Rashtriya Swayamsewak Sangh] and national politics, and not the
Constitution, define citizenry."

In her recent essay "Modernist Myths and the Exile of Maqbool Fida
Husain", the art historian Geeta Kapur profiles his exile in its
tragic, political and discursive meanings. She says that Husain faces
multiple exiles. According to her, "if an exiled artist is seen to
radiate a sense of self, an emanation of solitude, crucial to the
creative soul", it was also crucial for Husain, facing so much apathy,
to impose on himself an exile in order to exercise uncompromised
understanding of ethical issues.

She goes on to write: "Husain is stereotypically a postcolonial artist
and his exile carries the entire burden of the citizenship/community
discourse in India… In post-Independence India, Husain's visible
identity as a Muslim figured emblematically but was not overplayed,
since the secular was simply a taken-for-granted for all modern
artists. Now, 60 years hence, even as he (so admirably) refuses to
play the opposite role of an embittered Muslim or a national martyr,
he must rely on the modern artist's sense of singularity to salvage
himself."

The Husain issue has many political implications. Branding is a
contemporary political reality: someone who is a human rights activist
can be branded as a Maoist or someone speaking for minority rights can
be seen as a terrorist in a security-driven system. All these trends
recoil into suppression of free speech, the most important pillar of a
democratic society.

SUSHIL KUMAR VERMA

Film director Shyam Benegal.

In a liberal space, none of the artists discount the right of the
groups protesting against Husain but are critical of violent methods
to assert their point. The film-maker Shyam Benegal, known for his
socially sensitive cinema, says: "There is a convergence of the
politics of intimidation and the politics of identity in these times,
which creates the 'other' very easily. How can we just blame the right-
wing groups? It is an organised attitude. The Bhandarkar Oriental
Research Institute in Pune was ransacked in 2004 by the Sambhaji
Brigade, a cultural group of the Nationalist Congress Party.
Similarly, what happened with Shah Rukh Khan is absurd. There are ways
to protest because in a country that guarantees free speech,
sentiments can get hurt. We all have our ways to protest, but to say
you have no right to exist is a matter of concern."

An important reading of Husain's ostracism was done by Vivan Sundaram,
painter, sculptor and installation artist: "Visual images can have
many readings, and inbuilt into them are greater ambiguities. But
interpretation in a way that could make way for an attack is being
done by organised right-wing groups and not individuals." When asked
whether Husain is trying to make a statement by accepting Qatar's
citizenship, he said, "In a way, he is making some kind of a statement
that if you are insisting I should live in exile, then I will get rid
of this. Vigilance in the public domain is keeping India away from
many progressive thoughts. The government cannot just provide security
but it has to act consistently against fundamentalists. It is a
process, but the political leadership must stand up to it."

In this polemic, what remains conspicuous is the government's
emergence as a protector only when the issue of foreign nationality
surfaced. Geeta Kapur gives an explanation. She traces the transition
of an artist from a citizen to an interlocutor in the changed public
discourse. While, she says, the space for artists as citizens began to
be suppressed during the naxalite era of the 1960s and 1970s and then
during the Emergency, it became starker in the 1990s.

"The right-wing swing in Indian politics during the 1990s made the
'othering' process at work in the polity fully visible to the more
radical intelligentsia, as it also made visible the alienation of the
minorities and Dalits whose political struggles echoed through and
beyond the public sphere. The artist-interlocutor now undertook to
investigate the fault lines within civil society structures, as well
as to address the conditions of life that fall outside the protocols
of governances," she writes.

By accepting Qatar's citizenship, Husain precisely does this. For the
first time, perhaps, with Husain's issue, citizenry engages with
minority rights and victimisation. These are issues of social
exclusion in terms of caste, gender and religion, which get lost in an
overarching identity of a 'citizen'. It is in this context that Geeta
Kapur writes: "Husain's exile is a personal tragedy and a national
shame. It is the exile of a modern artist, of a secular artist and,
more explicitly, a Muslim citizen-artist from secular India. Relayed
into each other, these aspects condense into a logic whereby it is
precisely as a secularist that Husain is accused."

She goes on to say: "How ironic that antagonists as well as
protagonists should make it mandatory for Husain to publicly embrace
Islam and its metaphysics, endorse a sectarian identity, valorise the
Islamicate legacy, and interpret his present engagement with Arab
civilisation as an endorsement of his 'originary/ethnic' identity!
More ironical, that he must thereby shun not only the secular but also
the sovereign status he sought in the embrace of modernity."

Faced with the empathy within the artistic community for Husain, the
Indian government has woken up to the need to bring Husain back to
India to salvage whatever little goodwill it may have among the
artists and liberal ideologues. But it needs to do more to convince
them about its sincerity.

By Ajoy Ashirwad Mahaprashasta

http://www.flonnet.com/stories/20100326270611800.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

SOCIAL ISSUES
Khap terror
T.K. RAJALAKSHMI
in Rohtak

Haryana's caste panchayats continue to punish couples, practically
unchecked, for breaking "brotherhood norms".

BY SPECIAL ARRANGEMENT

Azad Singh and Lakshmi, parents of Satish Berwal. The family has been
given police protection.

ON February 12, Meham town in Rohtak district, Haryana, saw a
citizens' convention that was unusual in more than one sense. First,
it was being held from the ramparts of the Meham Chaubisi Chabootara,
a platform reserved for members of the Meham panchayat (a
conglomeration of 24 villages, better known as the Meham Chaubisi).
Second, the meeting was not dominated by any one caste. Third, it was
a congregation of secular and democratic groups, and a good number of
women participated in it. (Women had never attended meetings at that
venue since all caste and khap panchayats are male-dominated.) Fourth,
it was a meeting where caste and khap panchayats and their
undemocratic ways were roundly criticised. People from neighbouring
villages also attended the meeting and expressed their opposition to
the illegal acts of the panchayats.

The meeting reflected a growing anger against the actions of self-
styled khap panchayats. In early February itself, there were at least
three reported cases of panchayats ordering the expulsion of married
couples for having allegedly violated one community norm or the other.
Meham shot into notoriety 20 years ago following complaints of poll-
rigging and booth-capturing in an Assembly byelection. The election
had to be countermanded twice because of large-scale violence and the
murder of an independent candidate. The Meham Chaubisi has
historically played a crucial role in elections.

Bhaichaara victims

On January 31, Kavita and Satish, a young couple from Kheri Meham with
a nine-month-old child, were told by the khap panchayat that their
marriage three years ago was in violation of the gotra norm of
bhaichaara, or brotherhood. Kavita belongs to the Beniwal gotra and
Satish to the Berwal gotra, and their marriage had seemingly not
violated any caste or gotra norm. However, according to the bhaichaara
norm, girls belonging to a village's dominant gotra could be accepted
in that village only as sisters, and not as wives. Of late, this has
been used to harass couples who either married out of their own choice
or whose marriages were arranged by their families.

Twenty-one members of the Beniwal gotra convened a meeting and decided
to expel Kavita and Satish from the village. Kavita could not stay in
the village as the wife of Satish, but the child could live with
Satish's father, Azad Singh, the meeting decreed.

As a punishment for allowing the marriage to take place, the 65-year-
old Azad Singh was paraded around the village with a shoe shoved into
his mouth. Azad Singh's family is among the poorer ones in the village
and belongs to a minority gotra. "We were told that we could stay on
in the village if we donated whatever land we possessed to the village
dera (a village shelter used by mendicants). As per the ruling, Satish
would become his own child's uncle while I have to pay Rs.3 lakh for
the upkeep of my grandchild. How will I procure all the money for this
after giving away my land?" said Azad Singh.

Anil Rao, Senior Superintendent of Police, Rohtak, told Frontline that
the couple was now staying in Bhiwani district and that he had sent
word to the police authorities there to provide them security.

Kavita had, with support from her parents, who live in Bhiwani
district, approached the SSP with a detailed complaint, naming the
people who had convened the panchayat and humiliated her father-in-
law. She demanded action against the 21 gotra members involved in the
act. But the police registered a first information report (FIR)
without mentioning any names – reportedly owing to pressure from
influential people. Frontline learnt that at least two revenue
department employees and one panchayat samiti member were involved in
the humiliation of Azad Singh and in the decision to expel the
couple.

The SSP said that the police were doing everything possible to help
the couple and claimed that police intervention had forced the Meham
Chaubisi to reverse its judgment. A joint meeting of the Berwal and
Beniwal khaps resolved that the couple could live as man and wife but
outside their village. The Chaubisi also condemned the humiliation of
Azad Singh.

At Azad Singh's house, emotions run high. "They have done their worst.
What more can they do?" said Azad Singh, referring to his humiliation.
While he and his wife Lakshmi are relieved to have police protection
against further assaults by members of the dominant gotra, they are
scared to say openly that they will bring their daughter-in-law home.
"What would you do if you are surrounded by the village toughs? But
how can a man and his wife reconvert as brother and sister?" wondered
an elderly relative of Azad Singh. However, she said that the
panchayat was right in its decision but others had influenced it
wrongly. Lakshmi wondered what would be the nature of her relationship
with her grandson, Raunaq, if her son and daughter-in-law were to see
each other as brother and sister.

It was shocking that none of the influential Berwal gotra members was
ready to stand by the family. Dharamraj, a former sarpanch of Kheri
village, said that the khaps' decision, taken at a joint meeting of
the two khaps, was final. The role of an elected sarpanch, as has been
seen in most cases relating to such issues, is marginal. An older
citizen of the village told Frontline that an elected sarpanch was of
use only if he was influential and "strong".

The police maintained a studious silence regarding the couple's desire
to live together in their own village of Kheri. "Mindsets have to
change, and then there is the issue of bhaichaara that cannot be
disturbed," said a police officer.

It is significant that the Punjab and Haryana High Court took suo motu
notice of the issue and asked the Haryana government to file a reply.
The Director-General of Police told the court that the Unlawful
Activities (Prevention) Act, 1967, does not cover the activities of
khap panchayats. Equally significant is the fact that apart from the
Left parties and the All India Democratic Women's Association (AIDWA),
which took up the cudgels on Kavita's behalf, several individuals,
including veteran Congress leader Shamsher Singh Surjewala, and
organisations such as the All India Lawyers' Union, the All India
Kisan Sabha and a few youth organisations, denounced the undemocratic
diktats of the caste panchayat.

Apart from the Kheri incident, three other cases of caste panchayat
atrocities were reported in the recent past. A couple in Jind district
came under immense pressure to call off their engagement after a
section of residents of the boy's village, Budalkhera, claimed that
the gotras of the groom and the bride had brotherly relations. The
Budalkhera panchayat declared that the marriage could not take place
in the village. The families of the couple resisted and finally, on
February 6, the panchayat reversed its order. But it ensured that the
wedding took place outside the village.

Similarly, on November 1 last year, a joint panchayat of the Garhi
Ballam and Sundana villages ordered a couple to leave the village for
violating gotra norms. The couple quietly left. No complaint was
lodged.

Curiously, on February 3, in a village in Hisar district, members of
the Scheduled Caste Dhanak community objected to a wedding and
banished the boy from the village, alleging gotra violations. That was
perhaps the first time that the Dhanak community had targeted one of
its own. Until then, only a section of the Jat community was found
raising vocal and violent objections on the grounds of gotra
violations. It was because of the intervention of some Left and
democratic organisations and the determination of the boy's mother, a
widow who threatened to commit suicide, that the panchayat finally
relented.

The Bhupinder Singh Hooda government's record in taking on illegal
actions of caste groups is less than satisfactory. Such incidents are
as common as they were before, but many of them go unreported.

"There are so many more important issues – such as dowry, domestic
violence and livelihood issues. But we spend most of our energy and
time fighting the unconstitutional fiats of these self-styled
panchayats," said Jagmati Sangwan, president of the State unit of
AIDWA.

She pointed out that though the government had promised to set up
shelters for couples who were being targeted by khap panchayats, to
date not a single one had come up.

The Rohtak SSP told Frontline that harassed couples could stay in the
police lines, sharing accommodation with other families until the
government shelters came up. "We can't provide independent
accommodation for 2,000 couples overnight," he said.

http://www.flonnet.com/stories/20100326270604400.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

THE STATES
Facing flak
S. DORAIRAJ
in Chennai

The National Commission for Scheduled Castes criticises Tamil Nadu for
poor implementation of Dalit welfare measures.

E. LAKSHMI NARAYANAN

A Dalit woman staging a dharna outside the Office of the Special
Tahsildar (Adi Dravidar Welfare) in Salem on June 16, 2008, demanding
a patta for the site of her house.

THE sharp criticism of the State administration by the National
Commission for Scheduled Castes for perceived inadequacies in
enforcing the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, and in implementing various welfare measures
aimed at empowering Dalits has put the Tamil Nadu government in a
tight spot. Despite denials by Chief Minister M. Karunanidhi, who is
also a top leader of the United Progressive Alliance which is in power
at the Centre, NCSC Vice-Chairman N.M. Kamble's remarks after a review
meeting in Chennai on February 18 have triggered a fresh debate on a
wide range of Dalit-related issues. These include different forms of
discrimination against Dalits, the lacunae in enforcing the S.Cs and
S.Ts (POA) Act, non-distribution of adequate cultivable land and house
sites to the oppressed sections, non-clearance of the backlog of
promotions, introduction of 3 per cent internal reservation for the
Arunthathiar community, and the lack of political will to end manual
scavenging.

The Tamil Nadu Untouchability Eradication Front (TNUEF), led by
functionaries of the Communist Party of India (Marxist), and several
Dalit organisations, which participated in the review meeting, made
their submissions to the commission. The NCSC dropped a bombshell by
pointing to the large number of pending cases and the low rate of
conviction in the State under the S.Cs and S.Ts (POA) Act. It did not
take lightly the failure on the part of the police to complete the
investigations in time in many cases. The commission also pointed out
that the details pertaining to the grounds for acquittal in many cases
were not made available to it. It substantiated its claims with a year-
wise break-up of pending cases, disposals and convictions.

The commission pulled up the government for not furnishing district-
wise and ward-wise information regarding the implementation of welfare
schemes for Dalits. The non-appointment of a liaison officer to take
care of the interests of Scheduled Caste government employees
particularly earned the NCSC's ire. The commission also expressed
anguish over the lack of initiative on the part of the authorities to
retrieve lands that were assigned to the Scheduled Castes but were
still in the possession of non-Dalits. There are as many as 8,000 such
cases.

Top officials of the State government who attended the meeting assured
the NCSC of submitting the information required by it in a month. But
Karunanidhi took issue with the criticism the next day by announcing
that he would apprise the Centre, particularly Prime Minister Manmohan
Singh, of his government's performance in promoting the welfare of
Dalits.

Refuting the NCSC's "barbed comments", Karunanidhi came out with a
detailed statement highlighting the various welfare measures
implemented by the Dravida Munnetra Kazhagam (DMK) government after he
assumed office as Chief Minister for the first time in 1969. These
include decisions to raise the quantum of reservation for the S.Cs and
the S.Ts from 16 per cent to 18 per cent in 1971 and to earmark a
quota of 1 per cent exclusively for the S.Ts in 1990.

He said the State government had allocated more funds under the
Scheduled Castes Sub Plan (SCSP) than the earmarked 19 per cent. He
further said the allocations for divisible expenditure out of the
State Plan funds had grown from Rs.567 crore in 2005-2006 to Rs.2,615
crore in 2009-2010. It was his government that named the Law
University in the State after B.R. Ambedkar, he recalled. On the
commission's contention with regard to the low conviction rate in
cases registered under the S.Cs and S.Ts (POA) Act, Karunanidhi said
just blaming the government counsel and the courts appeared to be the
motive behind the criticism.

Several Dalit organisations in the State, however, do not seem to be
convinced by the Chief Minister's claims. Addressing a joint press
conference, Dalit leaders including Puthiya Tamizhagam president K.
Krishnasamy and Republican Party of India's State general secretary
S.K. Tamilarasan accused the DMK government of attempting to find
fault with the NCSC.

They urged the government to come out with a White Paper in three
months giving district-wise and block-wise details on reservation in
jobs and education, distribution of land, and retrieval of 'panchami'
land to promote the socio-economic conditions of Dalits in the State.
They also wanted the data on the allocation of funds under the SCSP
and development projects executed for Dalits in villages to be
released without delay.

P. Sampath, State convener of the TNUEF, said there was nothing wrong
in the NCSC Vice-Chairman's observations regarding the manner in which
S.Cs and S.Ts (POA) Act cases were handled in the State. He said
compromises were reached in many cases at the intervention of the
police, who register counter-complaints from the dominant communities
against the Dalit victims. The bail applications of offenders are
seldom objected to by the police, he alleged.

He said State and district panels set up by the government to monitor
the implementation of the Act had become dysfunctional. In many cases,
investigations were not done by deputy superintendents of police as
laid down by the rules, he alleged.

Official data show that the rate of conviction in cases of atrocities
against Dalits is very low. According to information provided by the
Inspector-General of Police (Social Justice and Human Rights), there
were 18,752 cases – 4,445 fresh cases and 14,307 "brought forward"
cases – involving S.Cs before special courts between 2003 and 2009. Of
these, only 412 ended in conviction, whereas there were 3,354
acquittals. In 2009 alone, there were 420 acquittals against 29
convictions; 2,656 cases were pending at the close of the year.

Official sources acknowledged the prevalence of injustices such as
denial of rights to Dalits to worship in temples, bury or burn their
dead in common burial or cremation grounds; denial of passage to
graveyards; and denial of land, water and promotions.

V. GANESAN

N.M. Kamble, Vice-Chairman, National Commission for Scheduled Castes,
addressing the media after a review meeting in Chennai.

An issue that has come to the fore now is the 3 per cent special
reservation in the State for Arunthathiars in education and
employment. Replying to a query at the press conference held after the
review meeting, Kamble held that the sub-quota announced without
consulting the commission was "unconstitutional" and could be
challenged in a court.

However, Karunanidhi strongly defended the internal reservation for
Arunthathiars, who "are still at the lowest rung in terms of socio-
economic and educational status". Recalling the Chief Secretary's
letter to NCSC Chairman Buta Singh in this regard on November 25,
2008, he said that though, according to rules, any such proposal
should be brought to the notice of the commission, it was not
mandatory to get its consent. The Tamil Nadu Arunthathiars (Special
Reservation of Seats in Educational Institutions including Private
Educational Institutions and of Appointments or Posts in Services
under the State within the Reservation for the Scheduled Castes) Act,
2009, was enacted after consulting a one-man panel, he pointed out.

The TNUEF has welcomed the Tamil Nadu government's stand on this issue
though some Dalit organisations have threatened to challenge the Act
in court. Referring to the High Court's direction that the Act must be
implemented with effect from April 29, 2009, when it came into force,
the TNUEF has urged the NCSC to ensure that it is carried out in tune
with Clause (5) of Article 338 of the Constitution. It also wants a
State Commission for S.Cs to be formed. The front has stressed the
need for raising the quota for Dalits by 1 per cent as the Scheduled
Castes constitute 19 per cent of the State's total population of
624.06 lakhs as per the 2001 Census.

Sampath said the most contentious issue was the redistribution of
surplus land and wastelands to Dalits as land had become a status
symbol and was an important factor in solving livelihood issues.
Official sources say the government is keen to provide house site
pattas to roofless Dalit families.

According to them, 1,74,952 Dalit families were given house site
pattas from April 1, 2006, to May 31, 2009, under the one-time special
scheme to regularise encroachments on government poramboke lands. And
44,522 acres (one acre is 0.4 hectare) was distributed to 41,064 Dalit
families in five phases, from September 17, 2006, as part of
implementing the Chief Minister's pet scheme of distribution of two
acres of wasteland to families of the landless poor. The government
has also announced that 11,660 house site pattas will be issued during
2009-2010. But Sampath said all these were only on paper and in many
places Dalits found it difficult to take possession of the lands which
were in the hands of dominant communities.

The NCSC's review in the State has also paved the way for the revival
of the demand for retrieval of several thousands of 'panchami' lands
gifted to Dalits during British rule in the 1890s. According to
informed sources, only 1.26 lakh acres of the 12 lakh acres of
panchami lands were available now and most of these were occupied by
non-Dalits and industrial houses.

Significantly, the TNUEF and leaders of some Dalit organisations have
demanded that the Tamil Nadu government give serious consideration to
the Scheduled Castes Sub Plan and other special assistance provided by
the Centre. They say that only by doing so will the government be able
to reduce the gap between Dalits and the rest of society and speed up
the process of integrating them with the mainstream.

The government has been claiming that the allocations are made under
the SCSP as per guidelines. Official data show there has been a steady
rise in the allocations from the earmarked 19 per cent in the last
four financial years. For instance, it was 20.87 per cent in
2008-2009, up from 19.09 per cent in 2005-2006, it says.

However, the TNUEF and the Dalit organisations have been accusing the
government of not allocating funds adequately under the scheme besides
diverting them to other schemes. The Chief Minister time and again has
attempted to allay the apprehensions of the Dalit organisations by
promising them that he would take the responsibility to see that not
even a small portion of the funds allotted for improving the status of
the S.Cs was diverted to other schemes.

But the TNUEF feels that Dalit organisations and political parties
should be vigilant as funds earmarked for Adi Dravidar welfare have
been diverted in the past. They allege that, for example, the
construction of quarters 10 years ago for 44 legislators representing
reserved constituencies was done with funds so earmarked.

http://www.flonnet.com/stories/20100326270603800.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

COVER STORY
Less for the poor
PRAVEEN JHA

The UPA government seems to have grown complacent about its budgetary
allocations for the social sectors.

WITH clear indications of the economy reviving fast, the Union
government should have taken an expansionary fiscal stance not only to
accelerate growth but also to finance adequately the interventions
that promote social sector development. However, it has chosen to
revert to the path of fiscal conservatism, albeit gradually, with
Budget 2010-11.

A "calibrated exit strategy from the expansionary fiscal stance of
2008-09 and 2009-10", which the 13th Finance Commission has
recommended strongly, seems to have been given shape to as the
government's total expenditure is projected to fall from 16.6 per cent
of GDP (gross domestic product) in 2009-10 (Revised Estimates) to 16
per cent of GDP in 2010-11 (Budget Estimates). In tandem with the
compression of public expenditure, the fiscal deficit is projected to
fall from 6.7 per cent of GDP in 2009-10 (R.E.) to 5.5 per cent of GDP
in 2010-11 (B.E.), and the revenue deficit is estimated at 4.0 per
cent of GDP in 2010-11 (B.E.), significantly lower than the 5.3 per
cent figure for 2009-10 (R.E.).

As regards the policy direction suggested by the 13th Finance
Commission, both the Report of the Commission (tabled in Parliament on
February 25) and Budget 2010-11 indicate clearly that the next five
years will witness growing efforts by the government towards
elimination/reduction of deficits through compression of public
expenditure. Consequently, any significant boost to public expenditure
in the social sectors in the last two years of the 11th Five-Year Plan
(2010-11 and 2011-12) seems unlikely.

The Congress-led United Progressive Alliance (UPA) government seems to
have grown complacent about its budgetary policies for the social
sectors. While Budget 2010-11 does pay some attention to a few of the
important sectors/issues such as women and child development,
development of minorities, rural housing and technical education, its
overall allocations and proposals for the social sectors (which
include education, health and family welfare and water and sanitation)
seem to fall far short of expectations.

As shown in Table 1, the allocation for social services (which in the
jargon of budgets in our country refers to social sectors such as
education, health and family welfare, water and sanitation, nutrition,
welfare of Scheduled Castes, Scheduled Tribes and Other Backward
Classes, and social security and welfare, among others) in the total
expenditure in the Union Budget has been stepped up from 8.9 per cent
in 2007-08 to 10.4 per cent in 2008-09. However, it remains at 10.4
per cent in the B.E. for 2010-11. As a proportion of GDP, the
government's total expenditure on social services showed a somewhat
noticeable increase from 1.3 per cent in 2007-08 to 1.6 per cent in
2008-09; but it has been stagnant in the last two Budgets.

State governments continue to bear a significant share of the
country's total public expenditure on social sectors – as per the
Reserve Bank of India's document 'State Finances: A Study of Budgets
2009-10', the total expenditure from Budgets of all States on social
services and rural development stood at 5.4 per cent of GDP in
2007-08, which increased to 5.8 per cent in 2008-09 (R.E.) and 6 per
cent in 2009-10 (B.E.). If we deduct the expenditure on rural
development from these figures and also exclude the double counting of
the Centre's grants-in-aid to States in social services (which appear
both in the Union Budget and in the Budgets of States), the total
public expenditure in our country on social services could well be
around 6 per cent of GDP even in 2009-10.

Thus, despite the somewhat noticeable increases in the Union
government's expenditure on social services, mainly during the UPA-1
regime, the country's overall public expenditure on social services
continues to be very low. Before one jumps to the conclusion that
State governments are primarily responsible for this, one has to keep
in mind that over the past two decades the federal fiscal architecture
has been altered consistently in favour of the Union government.

The analysis of Budget 2010-11 by the Centre for Budget and Governance
Accountability (CBGA), New Delhi, shows that despite the increase in
the States' share in Central taxes and duties to 32 per cent (from
30.5 per cent) and a number of specific-purpose grants recommended by
the 13th Finance Commission, the Gross Devolutions and Transfers (GDT)
from the Centre to the States would be 5.4 per cent of GDP in 2010-11,
which is almost the same as that in 2007-08 and 2008-09. This is
unlikely to reverse the disturbing trend of a decline in the share of
GDT in aggregate expenditure in State budgets. Hence, the primary
responsibility for the persistence of low public spending on social
sectors lies with the Union government.

The Union Finance Minister has claimed that his government has adopted
a number of budgetary policies to create entitlements for the poor
(over the past six years). However, it may be argued that the National
Rural Employment Guarantee Scheme (NREGS) is the only Plan scheme of
the Union government rooted in an entitlements-based approach. In
contrast, most of the social sector Plan schemes of the Union
government continue to follow a welfarist approach and provide low-
cost, ad hoc interventions. An entitlements-based approach towards
public provisioning in the social sectors would require a significant
strengthening of the regular and sustained government interventions in
these sectors, which does not yet seem to be on the government's
policy agenda.

Spending on education

In 1966 the D.S. Kothari Commission had recommended that the total
public spending on education should be raised to the level of 6 per
cent of GNP (gross national product) by 1986. Subsequently, many
political parties reiterated this as a commitment in their election
manifestos; the UPA, too, promised it in the National Common Minimum
Programme (NCMP) in 2004. However, the overall public spending on
education continues to be way below 6 per cent of GDP; even in 2007-08
(B.E.), it was only 3.67 per cent of GDP (including the spending by
Central and State education departments as well as other departments.

The Union government's total allocation for education in 2010-11
(B.E.) stands at 0.71 per cent of GDP, which is slightly better than
the 0.64 per cent recorded for 2009-10 (R.E.). However, such gradual
and small increases in the Budget outlays for education cannot result
in any visible increase in overall public spending on education in the
country.

In addition to the 0.71 per cent of GDP allocated in Budget 2010-11
for the Ministry of Human Resource Development (MHRD), States will be
given access to Rs.3,675 crore for elementary education under the 13th
Finance Commission grants for 2010-11. There has been a significant
stepping up in the outlay for the Rashtriya Madhyamik Shiksha Abhiyan
from Rs.550 crore in 2009-10 (R.E.) to Rs.1,700 crore in 2010-11.
Other areas showing increased outlays in Budget 2010-11 include the
adult education and skill development scheme, educational loan
interest subsidy in university and higher education, scholarship for
college and university students and the upgradation of existing
polytechnics and setting up of new ones.

In the current discourse on planning and government budgeting in the
country, there are very few benchmarks to assess the adequacy of
public spending on development schemes. In this context, the outlays
recommended by the Planning Commission for the 11th Five-Year Plan
period (2007-08 to 2011-12) could be treated as benchmarks, even
though the quality parameters underlying these benchmarks would hardly
be satisfactory. With just one more Union Budget left in the 11th Plan
period, at least 80 per cent of the outlays recommended by the
Planning Commission should have been made for Plan schemes during
2007-08 to 2010-11. However, the analysis by the CBGA ("Union Budget
2010-11: Which Way Now?", available at www.cbgaindia.org) shows that
the total provisioning in the four Budgets during 2007-08 to 2010-11
has been only 12 per cent of the recommended outlay for the Rashtriya
Madhyamik Shiksha Abhiyan, 36 per cent for teacher training and 46 per
cent for the UGC; the Sarva Shiksha Abhiyan (SSA) and the midday meal
scheme have fared better with 76 per cent and 65 per cent
respectively.

However, in the context of education, what is most disconcerting about
Budget 2010-11 is its complete silence on the financing of the Right
to Education Act, which the Union government is reportedly planning to
notify from April 1. There have been reports in the media about the
Union government's initiative to modify the norms and unit costs under
the SSA so as to make the provisioning under this flagship programme
in line with the Right to Education Act. However, the allocation for
the SSA has been increased only by 14.5 per cent from Rs.13,100 crore
in 2009-10 (R.E.) to Rs.15,000 crore in 2010-11 (B.E.).

Meagre amount for health

The UPA made a commitment in the National Common Minimum Programme
(NCMP) in 2004 that the total public spending on health would be
raised to the level of 2 to 3 per cent of GDP, which was also
reiterated in the 11th Five-Year Plan. However, the combined budgetary
allocation (that is, the total outlays from both Union Budget and
State budgets) for health stands at a meagre 1.06 per cent of GDP in
2009-10 (B.E.). The Union government's allocation for health (that is,
the budget for the Ministry of Health and Family Welfare) shows a
negligible increase from 0.35 per cent of GDP in 2009-10 (R.E.) to
0.36 per cent of GDP in 2010-11 (B.E.). Thus, even after Budget
2010-11, the government is far short of the NCMP target of raising the
total public spending on health to 2 to 3 per cent of GDP.

In his Budget speech, Union Finance Minister Pranab Mukherjee proposed
to include in the Rashtriya Swasthya Bima Yojana all those NREGS
beneficiaries who have worked (in the scheme) for at least 15 days in
the last fiscal year. While this is a welcome development, there are
several concerns pertaining to the implementation of the RSBY
(relating mainly to the role of private health insurance companies and
the private health care institutions), which need to be addressed. The
Budget allocation for the National Rural Heath Mission (NRHM) has been
increased only by 10.8 per cent, from Rs.14,002 crore in 2009-10
(R.E.) to Rs.15,514 crore in 2010-11 (B.E.). Given the huge
infrastructural gaps and the human resource crunch in the health
sector across the country, the budget for the NRHM should have been
increased significantly.

The allocation for the national disease control programmes has gone
down from Rs.1,063 crore in 2009-10 (B.E.) to Rs.1,050 crore in
2010-11 (B.E.), which is disturbing given that a number of diseases
covered under the scheme have witnessed increased prevalence in the
recent past.

The overall allocation for medical education and training has gone
down from Rs.3,256 crore in 2009-10 (B.E.) to Rs.2,679 crore in
2010-11 (B.E.). Within this, the most evident is the fall in
allocation for the establishment of AIIMS-type super specialty
hospitals, where the allocation has declined to the tune of Rs.700
crore. This is happening at a time when the budget allocation for
postgraduate medical education needs to be stepped up significantly to
fulfil the requirement of specialist doctors in the country. The
Finance Minister's proposal for an annual health survey to prepare a
district health profile for all districts is a welcome step; but the
government would need to allocate adequate funds for this purpose. It
may be noted here that no allocation towards this has been made in
Budget 2010-11.

The persistence of low public spending in the country on social
sectors is also rooted in the small public resource base of the
country. In this context, it is disconcerting to note that with the
latest Budget the tax-GDP ratio for the Centre shows a small increase
from 10.3 per cent in 2009-10 (R.E.) to 10.8 per cent in 2010-11
(B.E.). Moreover, a liberal estimate of the amount of additional tax
revenue the government could have collected in 2009-10 if all
exemptions/incentives/deductions (both in direct and indirect taxes)
had been eliminated stands at a staggering 8.1 per cent of GDP. It is
ironical that exemptions of this magnitude, in fact, do not fit even
with the neoliberal rhetoric of fiscal consolidation, not to speak of
it being out of sync with the oft-repeated mantra of an "inclusive
growth by a caring and enabling government".

Praveen Jha is on the faculty of the Centre for Economic Studies and
Planning, JNU. He is also the Honorary Economic Adviser to the Centre
for Budget and Governance Accountability, New Delhi. The article draws
substantially on the CBGA's analysis of Union Budget 2010-11.

http://www.flonnet.com/stories/20100326270602400.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

EDITORIAL
Not for 'aam aadmi'

IN the course of his presentation of the Union Budget for 2010-11 to
Parliament, the Finance Minister made a passing reference to his
having presented the Union Budget way back in 1984. One is indeed
inclined to admire the longevity of Pranab Mukherjee's occupation of
some Cabinet berth or the other through the last 25-plus years (with
some years in the Opposition and a brief period in political
wilderness). However, the ordinary people of our country are unlikely
to admire the Budget he has presented for 2010-11.

Consider the context in which the Budget has been presented. The
Economic Survey 2009-10, while providing a generally self-
congratulatory assessment of the government's management of the
economy during 2009-10, reminds us that the agricultural economy has
done very poorly. Agricultural output is estimated to decline by 0.2
per cent over the current financial year in comparison with 2008-09.
This is even as industry in general and manufacturing in particular
are estimated to have done exceptionally well in recovering from the
impact of the global economic slowdown. The other disturbing feature
of the current economic context is, of course, the nearly 20 per cent
rise in food prices over the recent period. In fact, the Finance
Minister, in his Budget speech, said: "Since December 2009, there have
been indications of these high food prices, together with the gradual
hardening of the fuel product prices, getting transmitted to other non-
food items as well. The inflation data for January seems to have
confirmed this trend."

The response of the Budget to these two key concerns, both of which
receive mention in it, has not merely been extremely inadequate. It is
likely to accelerate inflation and do little for agriculture. This is
evident from a look at the Budget proposals on indirect taxes. The
Budget proposes a partial rollback of the rate reduction in Central
Excise duties from 8 per cent to 10 per cent ad valorem on all non-
petroleum products. It restores the basic duty of 5 per cent on crude
petroleum. It also slaps a 7.5 per cent duty on diesel and petrol and
10 per cent on other refined products. In addition, the Budget
proposes enhancement of the Central Excise duty on petrol and diesel
by one rupee a litre each. This is a massive dose of indirect taxation
that will certainly be both highly inflationary and extremely
regressive in its impact, especially considering that incomes of most
working people in India are completely unprotected against inflation.
Besides stoking inflationary fires further, these moves will impact
negatively on agricultural output. Keeping in mind the likelihood that
the move to a "nutrient-based" regime of fertilizer subsidy that has
been announced by the government will result in significant increases
in the prices of fertilizers, one is appalled by the nonchalance with
which these measures have been proposed and defended vigorously
afterwards in and outside Parliament.

There is a certain asymmetry when it comes to the impact that a change
in indirect taxes has on prices in the Indian economy. When they are
raised, the additional burdens are almost invariably passed on to the
consumer. When they are reduced, there is no guarantee that the
benefits are passed on. Thus, while the reduction in excise and
customs duties last year represented a huge tax giveaway in the name
of a fiscal stimulus to the corporate sector, it is far from obvious
that ordinary people benefited by way of moderation in prices. This,
too, needs to be borne in mind in assessing the justifiability of the
reductions made last year and the increases being proposed now.

The regressive character of the Budget is also evident in the doling
out of tax concessions to the well-to-do. The proposals in respect of
direct taxes include the lowering of rates of personal income tax over
certain income slabs, a reduction in surcharge on corporate income tax
from 10 per cent to 7 per cent, and concessions for corporate business
entities in various forms. All these taken together are estimated by
the Finance Minister to result in a revenue loss of Rs.26,000 crore,
while his indirect tax proposals are estimated to bring in additional
revenues of Rs.46,000 crore in the net, taking into account some
concessions in indirect taxes as well.

What can one say about the expenditure proposals in the Budget? First
of all, the overall expenditure of the Union government proposed for
2010-11 constitutes an increase of 8.6 per cent over the corresponding
figure for 2009-10. Given the rate of inflation, this signifies little
increase in real terms, and may even imply a reduction. The proposed
increase in Plan expenditure is 15 per cent, which again would be a
rather modest increase in real terms. The non-Plan expenditure is
slated to decline in real terms, its increase over Budget Estimates
(B.E.) 2009-10 being only 6 per cent.

In terms of sectoral allocations, the rhetoric about agriculture and
rural development, as also the social sector, in the Budget speech is
not reflected in the allocations. The Central Plan outlay for rural
development in 2010-11 is Rs.55,190 crore as against the B.E. of Rs.
51,769 crore in 2009-10. The outlay for agriculture, irrigation and
flood control taken together has been enhanced from Rs.11,068 crore in
B.E. 2009-10 to Rs.12,834 crore in 2010-11, a modest increase in real
terms. Considering the persistence of an agrarian crisis across the
country for over a decade now (though the intensity varies across
States and regions and different social classes in the agrarian
population), this is a very inadequate response.

As for the much-hyped focus on the social sector, the Plan outlay for
all social services does increase by more than 22 per cent, but this
has to be seen against the present abysmal state of health and
education and the low base from which increases in recent years have
occurred. Moreover, if one takes into account the squeeze on the
finances of State governments, which account for the bulk of social
sector expenditures, the picture that emerges is hardly reassuring. In
fact, in education, the combined expenditures of the Central and State
governments still fall far short of the figure of 6 per cent of GDP
promised in the National Common Minimum Programme (NCMP) of the UPA
government of 2004-09. The same is the case for the health sector. The
current Budget does not even begin to address these concerns.

After having budgeted for a mere Rs.1,120 crore from "other capital
receipts" (read "disinvestment") in B.E. 2009-10, the government has
gone ahead and disinvested public sector equity to an amount of Rs.
25,958 crore as per the Revised Estimates (R.E.), exceeding even the
proposal in the Economic Survey of 2008-09 that annually Rs.25,000
crore should be the disinvestment target. The B.E. for receipts from
disinvestment for 2010-11 is Rs.40,000 crore. Considering that market
capitalisation of listed Central public sector undertakings (PSUs) has
taken a beating in the stock market, the Finance Minister's argument
that disinvestment is all about unlocking the values of PSUs hardly
holds water. The other misleading phraseology about "inviting people
to own shares in PSUs", is, to say the least, disingenuous. Moreover,
the sale of shares of profitable PSUs contradicts the promise made in
the NCMP of the earlier UPA government.

Overall, Budget 2010-11 reflects two important aspects of the current
political context: Parliamentary elections are four years away and the
present UPA government does not need the support of the Left parties
to stay in power.

http://www.flonnet.com/stories/20100326270600800.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

COVER STORY
The march of neoliberalism
PRABHAT PATNAIK

Union Budget 2010-11 has given a forward thrust to the neoliberal
agenda in all the crucial sectors where "reforms" had been stalled.

KAMAL NARANG

Finance Minister Pranab Mukherjee addressing the media after the
Economic Survey 2009-10 was tabled in Parliament on February 25.

THE strategy underlying Budget 2010-11 is eerily reminiscent of that
of Margaret Thatcher. In pushing her "market-fundamentalist" agenda
against the working class and the trade unions, Thatcher had enlisted
the support of the affluent middle class. She had wooed the yuppies
and the city slickers of London's financial district, and to this end
given direct tax concessions to the middle class, even while jacking
up indirect taxes on the poor and the working people in the midst of a
raging inflation.

Finance Minister Pranab Mukherjee has done almost exactly the same.
For pushing the neoliberal agenda, he has enlisted the support of the
affluent middle class by giving it direct tax concessions even as he
has jacked up regressive indirect taxes. Until now, neoliberalism in
India had been covered by a patina of concern for the aam aadmi. With
this Budget it has come of age; the patina is off.

The government claims that this Budget, too, is for the aam aadmi; but
that is unsustainable. The suggestion that persons earning in excess
of three lakhs of rupees a year, who are the beneficiaries of direct
tax concessions, constitute the aam aadmi, while the fisherman who
risks his life daily by venturing out to the sea for an annual income
of less than Rs.20,000, and who will be hit hard by the diesel price
hike, does not, can only be ironical.

There was a time when even as the government increased petrol prices,
it would spare diesel prices, since diesel and kerosene prices were
linked for technical reasons, and raising the former would necessarily
raise the latter, to the detriment of the poor. But such restraint no
longer prevails. Diesel prices have been raised and kerosene prices
will follow. Indeed, a whole lot of petro-product prices are going to
be raised as a consequence of the increase in import duty, that is, a
new round of price increases on top of what Pranab Mukherjee has
announced is in the offing. And if the Kirit Parikh Committee's
recommendations for linking domestic petro-product prices to world
prices are accepted, which is likely, then these prices will be jacked
up even further in the coming months.

Any such linking of domestic petro-prices to world prices makes little
sense, since it would mean importing speculation-induced world oil
price fluctuations, which can be quite massive, into the domestic
economy, and hence making the domestic price-level as a whole a
plaything in the hands of international speculators. But the
government's commitment to neoliberalism appears to outweigh any
concern over this.

Specious argument

This lack of concern is manifest even in Mukherjee's argument for
raising the import duty on petroleum and the Central excise duty on
petrol and diesel, which is quite specious. Since domestic petrol
prices had not been raised adequately even when world crude prices had
crossed $130 a barrel, the government, he argues, has earned the right
to raise prices now, that is, the current price hike is a reward for
the government's earlier abstinence. This is untenable since it is not
as if petrol prices had been lowered earlier and are now being
restored to pre-lowering levels. Besides, the biggest component of
petrol and diesel prices in the country consists of government taxes;
there is no logical compulsion therefore about raising taxes on this
commodity any further.

The "cascading effect" of the higher taxes on petrol and diesel, which
would raise the prices of these commodities by close to Rs.3 a litre,
has been much discussed. The government's lack of concern, however, is
not just about the inflationary implications of this move but about
inflation in general. Since the food price rise, by the government's
own admission, is because of supply shortages (even if these shortages
are artificially compounded by hoarding and speculation), the strategy
must be to throw government-owned surplus foodgrain stocks (that is,
actual stocks minus the minimum buffer stocks), which exceed 27
million tonnes as on January 2010, on the market. These stocks cannot
obviously be thrown on the open market, since speculators would then
buy them up gleefully, as had happened in 1972-73, and blunt their
anti-inflationary impact; they have to be released through the public
distribution system. But, going by the Budget figures, the government
has no intention of doing so.

The fact that the food subsidy is lower than that for 2009-10 by over
Rs.400 crore, suggests that the government does not intend to sell
these stocks through the PDS or merely hold on to them (for either of
these options would have raised the food subsidy, the latter because
of higher interest payments). It intends to do precisely what it
should not do, namely, sell them in the open market, which means that
it is not too concerned about inflation.

In fact, Mukherjee said as much in his post-Budget television
interview. He claimed that his way of combating inflation was by
augmenting supplies in the long run, for which he had taken steps in
the Budget, such as earmarking Rs.300 crore for 60,000 "pulses and
oilseeds villages", Rs.400 crore for extending the "Green Revolution"
to the eastern region of the country, and Rs.200 crore for sustaining
the gains made in Green Revolution areas through "conservative
farming". As for short-run measures, these, according to him, were
unnecessary since the inflation rate was coming down anyway.

Self-limiting phenomenon

The fallacy behind the argument about inflation coming down is often
not appreciated. Inflation, precisely when it hurts the people, is a
self-limiting phenomenon. It can be categorised into two kinds: one
caused by excess demand and the other by "cost-push". Cost-push
inflation arises when some input cost (or excise duty as in the
present case) rises, which is "passed on" in the form of higher
prices; in response to this initial price rise, money wages rise,
which, in turn, is passed on in the form of still higher prices, and
so on. As long as each component of price keeps rising with the rise
in the price, to ensure that its share in total value does not
decline, the price rise continues ad infinitum. But if some cost
element, typically the wage cost, does not rise in tandem with the
price, then inflation eventually comes to a halt. But this also means
that the real wage rate comes down because of a cost-push inflation,
and this coming down is the reason for the end of cost-push inflation.

Much the same can be said of excess-demand-caused inflation. Such
inflation gets eliminated when someone's demand is curtailed, and
typically the demand curtailed is of that group whose money income
does not go up as prices rise, that is, whose money income is not
indexed to prices. This is typically true of the working people,
especially of the vast mass of unorganised workers. Precisely because
their incomes are not indexed to prices, inflation hurts them, and
eventually comes to an end by squeezing them.

S. THANTHONI

The suggestion that persons earning in excess of Rs.3 lakh a year
constitute the `aam aadmi', while fishermen who risk their lives daily
by venturing out to sea (in the picture, a group of them in Chennai)
for an average annual income of less than Rs.20,000 and who will be
hit hard by the diesel price hike do not, can only be ironical.

In Latin American countries where inflation rates in the past have
quite often been quite phenomenal, the reason lies in the fact that
wages in such cases have been indexed to prices. In India, by
contrast, where wages are not indexed, inflation will necessarily
always come down, but it will do so precisely by hurting the poor. The
whole purpose of government action should be to prevent the
elimination of inflation through this odious mechanism, by attempting
its elimination in some other way, for example, by de-hoarding (which
adds to supply), imports (which do the same), and using the PDS (which
insulates the poor against a squeeze on their demand). But if none of
these things is done, inflation will still come down, but by squeezing
the consumption of the poor.

An example will make this last point clear. Let us start from a
situation where the supply of foodgrains is, say, 100 units and equals
the demand at a price of Re.1 a unit. The wage bill in the economy is
Rs.80, all of which is spent on foodgrains. Now, suppose supply falls
to 95, so that there is an excess demand of 5 units at the old price.
The price will rise, that is, inflation will set in. If all incomes
are indexed to the price-level, then this excess demand will never get
eliminated and hence inflation will continue ad infinitum. But if
wages are not indexed but other incomes are, then inflation will come
to an end when the price has climbed up to Rs.16/15 (or Rs.1.07), for,
at that price, the workers can buy only 75 units of foodgrains from
their total wage bill of Rs.80, which means five units fewer than
before; and this eliminates excess demand. So, inflation is self-
limiting precisely because the poor get squeezed by it.

Hence, when Mukherjee derives satisfaction from the fact that
inflation is coming down, even without the government's doing anything
about it, that satisfaction is totally misplaced; the inflation coming
down in this way shows precisely that the people are being squeezed by
it. Likewise, when Mukherjee claims that the effect of petrol and
diesel price increases "will get absorbed" over time, he omits to
mention that this absorption can occur only by squeezing the poor (as
in the above example of cost-push inflation). Inflation's coming down
does not mean that the world returns to its pristine state of
happiness. This coming down itself, far from being a source of
satisfaction, should rather be a cause for concern, because it is
necessarily at the expense of the poor.

Coming to Mukherjee's "long term measures" for raising food supplies,
what exactly these are becomes an intriguing question. The proposed
expenditures on the "pulses and oilseeds villages" and the extension
of the Green Revolution are too trivial to matter. The reduction in
fertilizer subsidy, which will raise fertilizer prices, will, if
anything, have a negative effect on output. The thing he must be
pinning his hopes on, therefore, is the opening up of retail trade,
which allegedly will help in "bringing down the considerable
difference between farm-gate, wholesale and retail prices". This view
is attributed to the Prime Minister, who believes that opening up
retail trade will increase competition.

"Opening up" retail trade necessarily means the induction of corporate
capital, including multinational corporations (MNCs), into this
sector, for which they have been clamouring for some time. We are,
therefore, being asked to swallow the argument that bringing in
monopolists to drive out myriad petty traders will increase
competition! Anyone who believes that bringing in monopolies reduces
the gap between farm-gate and retail prices should ask the coffee
producers of Kerala: they get a pittance for their crop even when
retail coffee prices are soaring. If the government genuinely wants
the gap between retail and farm-gate prices to close, it should get
the public sector to take on a larger role in the marketing of crops,
as the various commodity boards used to do before neoliberalism
prevented them from doing so.

Corporate hegemony

SHIV KUMAR PUSHPAKAR

Since the food price rise is because of supply shortages, the strategy
must be to throw government-owned surplus foodgrain stocks, which now
exceed 27 million tonnes, on the market through the PDS. But the
Budget figures indicate that the government has no intention of doing
so. Here, at the mandi at Najafgarh, New Delhi, a file picture.

Besides opening up retail business, Budget 2010-11 announced a number
of other steps, such as private participation in storage, setting up
of private cold storage and cold room facility for agricultural and
marine products and meat, and the accessing of external commercial
borrowing for this latter purpose, all of which entail corporate
hegemony over peasant and petty production. And since finance for
setting up godowns and cold storage will be counted as agricultural
credit, and hence come under priority sector lending, much of the
ambitious target for credit support to "farmers" will actually go to
large corporate houses, and even to MNCs.

This Budget gives a thrust to the neoliberal agenda in other ways as
well. Disinvestment is to proceed apace, and is a major contributor to
the so-called "Miscellaneous Capital receipts" of Rs.40,000 crore,
even though there is no valid argument for it. Disinvestment is
theoretically no different from a fiscal deficit: the latter puts
government bonds into non-government hands, while the former puts
government equity into non-government hands; they are only different
forms of raising finance but with identical macroeconomic effects.

A Financial Sector Legislative Reforms Commission is to be set up to
"rewrite and clean up the financial sector laws to bring them in line
with the requirements of the sector", a euphemism for "financial
sector liberalisation". And there is an additional instrument for this
particular purpose: a Financial Stability and Development Council,
which is to be set up "to strengthen and institutionalise the
mechanism for maintaining financial stability". Add to all this the
allocation of coal blocks for captive mining, and you find that in all
the crucial sectors where the "reforms" had been stalled, that is,
public sector, financial liberalisation and retail trade, this Budget
has given a forward thrust to the neoliberal agenda. But then what
about the increase in social sector and rural development outlays that
the Budget promises? This is a chimera. Central plan outlay on rural
development (all comparisons are Budget Estimate to Budget Estimate)
is slated to increase by a mere 6.6 per cent over 2009-10, which means
a real absolute decline; and the National Rural Employment Guarantee
Scheme (NREGS) outlay is to rise by only 2.5 per cent.

As for Central Plan outlay on social services, the increase provided
under the Plan is significantly counterbalanced by a decline in non-
Plan expenditure in this sector. If we take the sum of Central Plan
outlay and non-Plan expenditure on social services, then the nominal
increase in 2010-11 over 2009-10 is only 12.5 per cent, which in real
terms means very little.

This is hardly surprising. After all, the total expenditure of the
Central government is expected to rise in nominal terms by a mere 8.6
per cent, which means stagnation in real terms. Within this overall
stagnation, large apparent increases on specific items are more likely
to be results of statistical jugglery or reallocation, rather than
matters of any substance.

The pushing of the neoliberal agenda requires inter alia a
neutralisation of opposition from State governments, and this can be
ensured only if their mendicant status is perpetuated. The 13th
Finance Commission, by keeping States' share of taxes under Article
270 at 32 per cent (up marginally from the 30.5 per cent under the
previous Commission), compared with the 50 per cent demanded by most
State governments, has not helped matters. And the Central government
can be relied upon to compress its loans and grants to States, to
offset even such increases in revenue transfers that it is statutorily
required to make. In Budget 2010-11, for instance, while its statutory
transfers increase by 26 per cent over the current year, its loans and
advances rise by a mere 8.9 per cent. With such compression, one can
be sure that the States will continue to retain their mendicant
status.

Neoliberalism is clearly resuming its stalled march, adopting a
Thatcherite strategy for doing so. But the United Progressive Alliance
(UPA) government miscalculates by ignoring the fact that, unlike in
Thatcher's Britain, the affluent middle class it is wooing is a
minuscule segment of our society, while those squeezed by
neoliberalism, the workers, peasants, agricultural labourers, and
petty producers, constitute its overwhelming majority.

http://www.flonnet.com/stories/20100326270600400.htm

Volume 27 - Issue 06 :: Mar. 13-26, 2010
INDIA'S NATIONAL MAGAZINE
from the publishers of THE HINDU

COVER STORY
Enabling whom?
JAYATI GHOSH

In keeping with the overall approach of an "enabling" state, the
Economic Survey has proposed to do away with food procurement and
distribution.

R. RAGU

At a fair price shop in Chennai. States with successful public
distribution systems are those that have such large numbers of BPL
households that their lists are close to being universal. But the
Economic Survey seeks to replace this system with food coupons for
targeted households.

THIS year's Economic Survey contains a new and unusual chapter
entitled "Microfoundations of inclusive growth". It is unusual because
it is largely theoretical, thereby providing an addition to the
generally descriptive review of the Indian economy over the past year
according to the government's own perception. It also contains,
possibly for the first time in an Economic Survey, an explicit
statement of what might be described as the present government's
economic philosophy and its approach to certain crucial questions of
economic policy. The fact that some statements in it found an echo in
the Finance Minister's Budget speech confirmed that this was indeed
the case.

It is certainly welcome that the basic goal of economic policy is
identified as inclusive growth, recognising that "growth must not be
treated as an end in itself but as an instrument for spreading
prosperity to all" (page 22). Inclusive growth in turn is given a more
precise definition than is usual, as growth that improves the incomes
and other measures of conditions of life of the bottom 20 per cent of
the population.

This inclusive growth is to be delivered by a change in focus to
enabling government, which is seen as "a government that does not try
to directly deliver to its citizens everything that they need. Instead
it (1) creates an enabling ethos for the market so that individual
enterprise can flourish and citizens can, for the most part, provide
for the needs of one another, and (2) steps in to help those who do
not manage to do well for themselves", for example by "directly
helping the poor by ensuring that they get basic education and health
services and receive adequate nutrition and food" (page 23).

It is immediately clear that this is a vision of the economy in which
it is taken for granted that the market mechanism generally delivers
the economically desired outcomes for most citizens, and the role of
the government is therefore mainly to ensure that such markets
function smoothly and to take care of the stragglers, "for there will
always be individuals, no matter what the system, who need support and
help". This vision excludes the possibility of the process of market-
driven economic growth itself generating greater material insecurity
and impoverishment for a significant section. Trickle-down is seen to
operate for most of the population; for the bottom fifth, the
government has to step in.

Obviously, in such a framework, public delivery of essential goods and
services will necessarily be targeted to those that are defined as
poor. The chapter contains an eloquent argument in favour of
redefining the nature of public delivery to minimise direct
involvement of the state in favour of market-based mechanisms such as
coupons and vouchers targeted to the poor. This is what allows for the
claim that more can be achieved with less fiscal resources, by
eliminating the administrative costs of running large public schemes.

This would be a major departure from the current practice, with
potentially far-reaching implications in a very wide range of goods
and services that are seen to constitute essential socio-economic
rights. It is impossible to discuss all the different implications
here, so I shall briefly consider only the interventions proposed for
the food economy. The arguments have wide applicability with reference
to other sectors as well.

Managing the food economy

There is an extended discussion on how to manage the food economy,
which is only to be expected given that food price inflation is
clearly the most significant economic problem in the country at
present. Yet the discussion presents several different arguments which
turn out to be mutually inconsistent. In keeping with the overall
approach of an "enabling" state rather than an actively
interventionist one, it is proposed to do away with the existing
system of government food procurement and distribution. It is argued
that this is prone to corruption, adulteration and similar flaws, and
that it is necessary to craft policy that takes into account that
people are the way they are (not always ethically sound) and craft
incentive-compatible policies accordingly. So this is to be replaced
with a system of food coupons (of a certain value of money) given
directly to targeted households and which can be exchanged for wheat
or rice at market prices, giving the freedom of choice to households
about the shop from which to purchase.

This proposal betrays some ignorance about the background of the
current food subsidy and the purposes of the public system of food
procurement and distribution in India. These were (and fundamentally
remain) to provide farmers with a minimum price that covers their
costs, to ensure that basic foodgrain is transported from surplus to
deficit areas of the country, and to build up a system of buffer
stocks that protects the country from international price volatility
and external dependence. It is because the market mechanism was found
wanting in achieving any of these goals that such measures were deemed
necessary – and the persistence of such measures not only in India but
in many countries across the world (including most developed ones)
suggests that this is still the case. Food security within a nation as
large as India is not possible without ensuring the viability of food
production by domestic farmers and the existence of a national
distribution system that tries to reach deficit areas quickly. There
is no way that replacing this with a system of food coupons to
selected households can achieve these basic aims.

There is of course the further question of how to ensure that the
public at large – and the poor in particular - get access to
affordable food. This too is a current function of the public
distribution system (PDS), but it has been less than successful in
meeting it for a variety of reasons. The Economic Survey correctly
recognises the many problems in the existing system but tends to treat
the entire system as homogenous across the country.

There are States in the country (such as Kerala and Tamil Nadu, and to
a lesser extent Andhra Pradesh) where the PDS is a strong, functioning
and largely non-corrupt system, and there are other States where the
opposite is true. Surely, policymakers need to study and understand
these differences if they actually want to make the system work.

What is clear is that targeting tends to add to the problems, not only
because of the significant administrative costs associated with
identifying the poor and monitoring them but because of well-known
errors such as unfair exclusion from and unjustified inclusion in the
list of poor households. That is why the States with more successful
public distribution systems are those that have such large numbers of
declared below-poverty-line (BPL) households that their lists are
close to being universal. The Survey argues that the Unique
Identification System (UID) will solve that problem, but that is
believing that there can be a technological fix to what is essentially
a socio-economic problem. The UID card only identifies a person; the
description of that person as belonging to a poor or non-poor
household remains as cumbersome, problematic, politically charged and
administratively challenging as ever.

The Survey does provide some useful and interesting proposals with
respect to managing the foodgrain stocks and correctly argues for a
more flexible approach in releasing stocks that not only is responsive
to market pressures but also anticipates them. Indeed, the need to
prevent foodgrain allocation from becoming a political tool in the
hands of the Centre vis-a-vis the State governments is all the more
pressing in the light of recent experience. However, it should be
obvious that such a proactive role of the state in preventing food
price increases will not be possible at all if the entire system is
replaced with a system of food coupons!

There is another comment with direct relevance to the food economy
that deserves to be noted. In keeping with the overall perspective
that markets generally know best, the Survey argues for erring on the
side of less control whenever there is some doubt on the matter. This
is then used to suggest that a ban on futures trading in essential
commodities is unwarranted. "An enabling government takes the view
that if we cannot establish a connection between the existence of
futures trading and inflation in spot prices, we should allow futures
trade" (page 24). Yet there are at least two flaws in this argument.

First, as any econometrician would know, it is generally possible to
question any link between two economic phenomena, and so the argument
about whether future trading has been associated with significant spot
price changes will definitely continue well after all the cows have
come home. Yet globally, the existence of contango in commodity
markets (when prices in the futures markets are higher than the spot
prices, instead of lower as they would be if the market was only for
hedging against risk) has been seen as a sign that speculation has
driven changes even in spot prices. It is next to impossible to
provide a clear and explicit link that will satisfy those determined
not to see it.

Second, and perhaps more significantly, there are important conceptual
reasons to be wary of allowing futures trading in any commodity in
which there is significant public intervention in the form of minimum
support prices and so on because these provide an easy floor for
speculators. So this is not a case of allowing something because we do
not have enough information on either side of the argument, but
preventing speculative activity that can cause great harm even as its
possible benefits are minimal.

Enabling markets and empowering the citizenry

There are several other issues that are discussed for which similar
arguments could be made. But it is the broader perspective underlying
this chapter which deserves more careful consideration. The goal is
clearly benevolent: improving the economic conditions of the bottom
quintile of the population. Yet the means that have been proposed
suggest a lack of awareness of the political economy of both markets
and government in India and the social and economic context within
which policies are implemented. This is somewhat surprising because
within the chapter there is a discussion of the need to recognise
extant social realities even though it is more concerned with culture
and social norms.

The point is essentially this: both markets and government policies do
not function in a socio-political vacuum but within complex social
realities in which power relations are deeply entrenched. So it is not
that there are individuals all operating on level-playing fields, with
some having a few disadvantages such as lower income and assets and
less education. Rather, the processes of striving for power, and
keeping it, unfold through the medium of markets. The impact of
government policies depends upon the extent to which they enable
different sets of actors with different power positions to fight for
their rights or advance their own positions.

That is why "free" market functioning tends to accentuate existing
inequalities, both social and economic. To the extent that government
policies are aware of this and are designed to reduce this effect,
they are more successful. All economic policies therefore have
distributive implications, whether or not these are officially
recognised. A government that is genuinely enabling for the citizenry
as a whole and for the poorest citizens has to act decisively in their
favour, and also has to provide good quality public services that the
poor are not excluded from.

In such a context, it is worth stepping back and examining how much of
the declared goal of inclusive growth in the Economic Survey actually
informs the most recent policy statement of the government, the Union
Budget. Surprisingly, the most important initiatives constitute direct
attacks on the incomes of the bottom quintile of the population: the
hike in fuel prices and indirect taxes, which will definitely increase
the price of necessities; the reduction in food subsidy; the
embarrassingly small increases in funds for agricultural schemes,
especially in the most devastated regions; the paltry amounts
allocated to education and health, which cannot possibly ensure good
quality public provision that reaches the poorest. Conversely, the
enabling aspect of government is very clearly evident with respect to
big business, in the form of tax breaks, subsidies for agribusiness
and the like.

The problem is that enabling markets does not always translate into
empowering people: often the reverse is the case. Clearly, whatever be
the more sensitive statements made in the Economic Survey, the basic
philosophy of the government has not changed from an obsessive focus
on growth at any cost.

http://www.flonnet.com/stories/20100326270603000.htm

...and I am Sid Harth


==============================================================================
TOPIC: Some Ture Facts about the French (Frogs).
http://groups.google.com/group/rec.arts.movies.local.indian/t/dcfc2e198d269895?hl=en
==============================================================================

== 1 of 1 ==
Date: Fri, Mar 19 2010 3:22 am
From: "Bob Hawke"


You Could Have Heard a Pin Drop

JFK'S
Secretary of State, Dean Rusk, was in France in the early 60's
when DeGaulle decided to pull out of NATO. DeGaulle said he wanted all US
military out of France as soon as possible.
Rusk responded
"Does that include those who are buried here?"
DeGaulle did not respond.
You could have
heard a pin drop
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
There was a conference in France where a number of international
engineers were taking part, including French and American. During a break,
one of the French engineers came back into the room saying 'Have you heard
the latest dumb stunt Bush has done? He has sent an aircraft carrier to
Indonesia to help the tsunami victims. What does he intended to do, bomb
them?'
A Boeing engineer stood up and replied quietly:
'Our carriers have three hospitals on board that can treat
several hundred people; they are nuclear powered and can supply
emergency electrical power to shore facilities; they have three
cafeterias with the capacity to feed 3,000 people three meals a day,
they can produce several thousand gallons of fresh water from
sea water each day, and they carry half a dozen helicopters for use in
transporting victims and injured to and from their flight deck. We have
eleven such ships; how many does France have?'
You could have
heard a pin drop.
~~~~~~~~~~~~~~
A U.S. Navy Admiral was attending a naval conference that
included Admirals from the U.S. , English, Canadian, Australian and French
Navies. At a cocktail reception, he found himself standing with a large
group of Officers that included personnel from most of those countries.
Everyone was chatting away in English as they sipped their drinks but a
French admiral suddenly complained that, whereas Europeans learn many
languages, Americans learn only English. He then asked, 'Why is it that we
always have to speak English in these conferences rather than speaking
French?'
Without hesitating, the American Admiral replied,
'Maybe it's because the Brit's, Canadians, Aussie's and
Americans arranged it so you wouldn't have to speak German.'
You could have
heard a pin drop.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AND THIS STORY FITS RIGHT IN
WITH THE ABOVE...
Robert Whiting, an elderly gentleman of 83, arrived in Paris by
plane. At French Customs, he took a few minutes to locate his passport in
his carry on.
"You have been to France before, monsieur?" the customs officer
asked sarcastically.
Mr. Whiting admitted that he had been to France previously.
"Then you should know enough to have your passport ready."
The American said,
'The last time I was here, I didn't have to show it."
"Impossible. Americans always have to show your passports on
arrival in France !"
The American senior gave the Frenchman a long hard look. Then
he quietly explained,
''Well, when I came ashore at Omaha Beach on D-Day in 1944 to
help liberate this country, I couldn't find a single Frenchmen to show a
passport to."
You could have
heard a pin drop.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~


==============================================================================
TOPIC: Honest questions about Islam- can you answer?
http://groups.google.com/group/rec.arts.movies.local.indian/t/0538da13757e7be7?hl=en
==============================================================================

== 1 of 6 ==
Date: Fri, Mar 19 2010 5:28 am
From: "Moslem cartoon character mohammad was a paedophile 6th century warlord
and goat fucker who cooked up a false religion in order to supplement
brutality as a means of bringing people (shitskin dunecoons) under subjection -
Yaako Warrior from AUZ., NZ..., Korea., Germany, RSA, USA., Sweden, Hong Kong,
Canada, Russia, China, Denmark, UK, .........., the slayer of fecal stained
moslems - KHAAYEHMANI" <" Dr. Sir John Howard, AC, WSCMoF >


Moslem cartoon character mohammed was a paedophile 6th century warlord
and goat fucker who cooked up a false religion in order to supplement
brutality as a means of bringing people (shitskin dunecoons) under
subjection - Yaako Warrior from AUZ., NZ..., Korea., Germany, RSA, USA.,
Sweden, Hong Kong, Canada, Russia, China, Denmark, UK, .........., the
slayer of fecal stained moslems - KHAAYEHMANI Dr. Sir John Howard, AC,
WSCMoF > wrote:
> On 3/18/10 7:25 PM, Dr. Jai Maharaj wrote:
>> uNmaivirumbi<tripurantaka@yahoo.com> posted:
>>>
>>> Can muslims answer:
>>>
>>> 1) Did Mohammad hear Koran directly from God? Did he say so? Is there
>>> any evidence from the Koran it was directly from God? If not why do
>>> you say it is from God?
>>>
>>> 2) Did Mohammad hear from an angel? Did Mohammad verify it was an
>>> angel and how did he do that? If not why did he not do that and
>>> claimed it was an angel? That too Jibreel?
>>>
>>> 3) was it not true that Khadija was the one who told him it could be
>>> Jibreel and Mohammad did not think of that before?
>>>
>>> 4) How can God ask a 53 year old man to marry a six year old girl and
>>> have sex with her at age 9? Did he masturbate on Ayesha even as a
>>> baby as reported (thighing)?
>>>
>>> 5) Marrying a girl at age 9 is permitted in many Islamic countries by
>>> law even in Saudi Arabia, is it not?
>>>
>>> 6) Does God allow a man to marry his adopted son's wife- Zainab?
>>>
>>> 7) Does God allow a man to "marry" 17 year old Safiya Bint Huyay the
>>> same night (means sex) after murdering her husband, parents, brothers
>>> in front of her? How old was Mohammad then? Why did Mohammad do all
>>> this after Khadija died and never before?
>>>
>>> 8) Does God allow muslims as in Koran (what the right hand possesses
>>> also called ma malakat aymanukum in Koran), to capture nonmuslim
>>> women and use them as sex slaves (captured in war) -- the real reason
>>> for rape of nonmuslim women in many countries as this is okay as per
>>> Koran
>>>
>>> 9) Is it not true that Koran therefore is not from God at all? Could
>>> never be? That it is satan's clever work hiding that as God's work?
>>> Do you not think Koran is from the devil or a product of a crazed
>>> psychopath who cooked up this?
>>>
>>> Should you not abandon this cult and join civilized society and fight
>>> for true dignity,progress peace and freedom?
>>>
>>> Do you have to courage to face this and do what you have to do?
>>>
>>> Can you really answer this or are you going to evade, abuse and curse
>>> as usual?
>>
>> Distribution widened to include more newsgroups.
>>
>> Jai Maharaj, Jyotishi
>> Om Shanti
>
>
>
> HOW TO BECOME A SHITSKIN MOSLEM - this is how: fuck goats, fuck your
> mother (nikomak), molest children, wear a beekeepers outfit all the
> time, never shower or bath, beat your wives, learn terrorist activities
> at a maddrassa, wipe your ass with stones, sell the donkey you fucked to
> a nearby village, marry a nine year-old , send your child off to an
> indoctrination camp, practice thighing with little kids, Hijack a plane,
> Hijack a ship, ............ Practice all those and you too could
> become a prophet !!
>
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> Elif air ab tizak mohammad !!!!
>
> helpinggaza@gmail.com
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> fesack@wn.apc.org
> arah1958@gmail.com
> kaled14232@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> niyacn@msn.com
> mehyaawaaa@hotmail.com
> niyacn@hotmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
> noujwas@yahoo.com
>
> Wassim Noujeim = Faris Jawad
>
> Keysborough Aus.
>
> Jordan Data Communication Ltd.
>
>
>
>
>
>
> —(¿)˝ —(¿)˝ moslem cartoon character mohammad and his bumchum
> allaah were child molesting goat fuckers and nikomaks
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج —(¿)˝ —(¿)˝
>
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> kaled14232@gmail.com
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> mehyaawaaa@hotmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
> noujwas@yahoo.com
>
>
> ** Posted from http://www.teranews.com **
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
>
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
>
> Wassim Noujeim = Faris Jawad
>
>
> Jordan Data Communication Ltd.
>
> Keysborough Aus.
>
>
>
>
>
>
> -----------------------------------------------
>
>
>
>
> —(¿)˝ —(¿)˝
> Skitskin moslem CA Fabian, 5 Pfeiffer Close, Mt Barker, 5251, South
> Australia, +61 8 8391 1292
>
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج
> —(¿)˝ —(¿)˝
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> Hamzeh Abu-Abed
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> mehyaawaaa@hotmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
>
> Wassim Noujeim = Faris Jawad
>
> ** Posted from LINKdotNET -Jordan **
> http://www.link.net
> Cybertrust Australia Pty Ltd
>
>
> Jordan Data Communication Ltd.
>
> Keysborough Aus.
>
>
>
>


== 2 of 6 ==
Date: Fri, Mar 19 2010 11:25 am
From: "SHOES THROWER"


ARE YOU A HINDU?

If so, then: Have you ever really read the Vedas, Upanishads, Smritis and Puranas (Ramayana and Mahabharata)?

Your answer most probably will be: "No!"

The Hindu mentality is such, that it usually accepts anything without questioning its authenticity. The reason is that for several centuries the higher caste Brahmin has taught that the low caste indigenous Indian has no right to question any discrepancies in Hindu beliefs and mythology.

+Scientific errors in Vedas+

God's Revelation cannot contain scientific errors. There are uncountable errors in vedas, only few are mentioned here: as in the following quote from Hindu Scriptures of India.

This will show the Indian people unscientific Hindu Scriptures of Vedas

1-The moon is 50,000 leagues higher than the sun.
2- Moon shines by its own light.
3- night is caused by the sun's setting behind a huge mountain.
4- several thousand feet high, sun located in the centre of the earth.
5- that this world, flat and triangular.
6- world is composed of 7 states one of honey, another of sugar, a third of butter, and still another of wine,
7- the whole mass is borne on the heads of countless elephants, which in shaking produce earthquakes."

As you can see, there are at least seven clear scientific errors in this short passage of the Vedas.
ONLY ONE MISTAKE IS ENOUGH TO PROVE THAT VEDA IS NOT A BOOK OF GOD


== 3 of 6 ==
Date: Fri, Mar 19 2010 12:40 pm
From: koolfireiv


On Mar 19, 5:39 am, "Kayed Al-Kuffar" <kayed...@gmail.com> wrote:


REPEAT THE QUESTION......


== 4 of 6 ==
Date: Fri, Mar 19 2010 2:22 pm
From: uNmaivirumbi


On Mar 18, 7:25 pm, use...@mantra.com and/or www.mantra.com/jai (Dr.
Jai Maharaj) wrote:
>  uNmaivirumbi <tripurant...@yahoo.com> posted:

> Distribution widened to include more newsgroups.
>

Thanks but muslims do not answer these very important questions even
though they claim Mo was a prophet

Can muslims answer:

1) Did Mohammad hear Koran directly from God? Did he say so? Is there
any evidence from the Koran it was directly from God? If not why do
you say it is from God?
2) Did Mohammad hear from an angel? Did Mohammad verify it was an
angel and how did he do that? If not why did he not do that and
claimed it was an angel? That too Jibreel?
3) was it not true that Khadija was the one who told him it could be
Jibreel and Mohammad did not think of that before?
4) How can God ask a 53 year old man to marry a six year old girl and
have sex with her at age 9? Did he masturbate on Ayesha even as a baby
as reported (thighing)?
5) Marrying a girl at age 9 is permitted in many Islamic countries by
law even in Saudi Arabia, is it not?
6) Does God allow a man to marry his adopted son's wife- Zainab?
7Does God allow a man to "marry" 17 year old Safiya Bint Huyay the
same night ( means sex) after murdering her husband, parents, brothers
in front of her? How old was Mohammad then? Why did Mohammad do all
this after Khadija died and never before?
8) Does God allow muslims as in Koran ( what the right hand possesses
also called ma malakat aymanukum in Koran), to capture nonmuslim women
and use them as sex slaves ( captured in war) - the real reason for
rape of nonmuslim women in many countries as this is okay as per Koran
9) Is it not true that Koran therefore is not from God at all? Could
never be? That it is satan's clever work hiding that as God's work?
Do you not think Koran is from the devil or a product of a crazed
psychopath who cooked up this?

Should you not abandon this cult and join civilized society and fight
for true dignity,progress peace and freedom?

Do you have to courage to face this and do what you have to do?

Can you really answer this or are you going to evade, abuse and curse
as usual?


== 5 of 6 ==
Date: Fri, Mar 19 2010 5:30 pm
From: "Moslem cartoon character mohammad was a paedophile 6th century warlord
and goat fucker who cooked up a false religion in order to supplement
brutality as a means of bringing people (shitskin dunecoons) under subjection -
Yaako Warrior from AUZ., NZ..., Korea., Germany, RSA, USA., Sweden, Hong Kong,
Canada, Russia, China, Denmark, UK, .........., the slayer of fecal stained
moslems - KHAAYEHMANI" <" Dr. Sir John Howard, AC, WSCMoF >


On 3/18/10 6:34 PM, Moslem cartoon character mohammed was a paedophile
6th century warlord and goat fucker who cooked up a false religion in
order to supplement brutality as a means of bringing people (shitskin
dunecoons) under subjection - Yaako Warrior from AUZ., NZ..., Korea.,
Germany, RSA, USA., Sweden, Hong Kong, Canada, Russia, China, Denmark,
UK, .........., the slayer of fecal stained moslems - KHAAYEHMANI Dr.
Sir John Howard, AC, WSCMoF > wrote:
> On 3/18/10 7:25 PM, Dr. Jai Maharaj wrote:
>> uNmaivirumbi<tripurantaka@yahoo.com> posted:
>>>
>>> Can muslims answer:
>>>
>>> 1) Did Mohammad hear Koran directly from God? Did he say so? Is there
>>> any evidence from the Koran it was directly from God? If not why do
>>> you say it is from God?
>>>
>>> 2) Did Mohammad hear from an angel? Did Mohammad verify it was an
>>> angel and how did he do that? If not why did he not do that and
>>> claimed it was an angel? That too Jibreel?
>>>
>>> 3) was it not true that Khadija was the one who told him it could be
>>> Jibreel and Mohammad did not think of that before?
>>>
>>> 4) How can God ask a 53 year old man to marry a six year old girl and
>>> have sex with her at age 9? Did he masturbate on Ayesha even as a
>>> baby as reported (thighing)?
>>>
>>> 5) Marrying a girl at age 9 is permitted in many Islamic countries by
>>> law even in Saudi Arabia, is it not?
>>>
>>> 6) Does God allow a man to marry his adopted son's wife- Zainab?
>>>
>>> 7) Does God allow a man to "marry" 17 year old Safiya Bint Huyay the
>>> same night (means sex) after murdering her husband, parents, brothers
>>> in front of her? How old was Mohammad then? Why did Mohammad do all
>>> this after Khadija died and never before?
>>>
>>> 8) Does God allow muslims as in Koran (what the right hand possesses
>>> also called ma malakat aymanukum in Koran), to capture nonmuslim
>>> women and use them as sex slaves (captured in war) -- the real reason
>>> for rape of nonmuslim women in many countries as this is okay as per
>>> Koran
>>>
>>> 9) Is it not true that Koran therefore is not from God at all? Could
>>> never be? That it is satan's clever work hiding that as God's work?
>>> Do you not think Koran is from the devil or a product of a crazed
>>> psychopath who cooked up this?
>>>
>>> Should you not abandon this cult and join civilized society and fight
>>> for true dignity,progress peace and freedom?
>>>
>>> Do you have to courage to face this and do what you have to do?
>>>
>>> Can you really answer this or are you going to evade, abuse and curse
>>> as usual?
>>
>> Distribution widened to include more newsgroups.
>>
>> Jai Maharaj, Jyotishi
>> Om Shanti
>
>
>
> HOW TO BECOME A SHITSKIN MOSLEM - this is how: fuck goats, fuck your
> mother (nikomak), molest children, wear a beekeepers outfit all the
> time, never shower or bath, beat your wives, learn terrorist activities
> at a maddrassa, wipe your ass with stones, sell the donkey you fucked to
> a nearby village, marry a nine year-old , send your child off to an
> indoctrination camp, practice thighing with little kids, Hijack a plane,
> Hijack a ship, ............ Practice all those and you too could become
> a prophet !!
>
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> Elif air ab tizak mohammad !!!!
>
> helpinggaza@gmail.com
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> fesack@wn.apc.org
> arah1958@gmail.com
> kaled14232@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> niyacn@msn.com
> mehyaawaaa@hotmail.com
> niyacn@hotmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
> noujwas@yahoo.com
>
> Wassim Noujeim = Faris Jawad
>
> Keysborough Aus.
>
> Jordan Data Communication Ltd.
>
>
>
>
>
>
> —(¿)˝ —(¿)˝ moslem cartoon character mohammad and his bumchum allaah
> were child molesting goat fuckers and nikomaks
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج —(¿)˝ —(¿)˝
>
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> kaled14232@gmail.com
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> mehyaawaaa@hotmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
> noujwas@yahoo.com
>
>
> ** Posted from http://www.teranews.com **
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
>
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
> ** Posted from http://www.teranews.com **
>
>
>
>
>
>
>
>
>
>
> moslem cartoon character mohammad and his bumchum allaah were child
> molesting goat fuckers and nikomaks
>
>
> _
> /'_/)
> ,/_ /
> / /
> /'_'/' '/'__'7,
> /'/ / / /" /_\
> ('( ' /' ')
> \ /
> '\' _.7'
> \ (
> \ \
>
> Up your ass mohammad - Elif air ab tizak!!!
>
>
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
>
>
> Wassim Noujeim = Faris Jawad
>
>
> Jordan Data Communication Ltd.
>
> Keysborough Aus.
>
>
>
>
>
>
> -----------------------------------------------
>
>
>
>
> —(¿)˝ —(¿)˝
> Skitskin moslem CA Fabian, 5 Pfeiffer Close, Mt Barker, 5251, South
> Australia, +61 8 8391 1292
>
> 이슬람의 성기를 빨아 당나귀 -
> الإسلام يأخذ الحمار القضيب في الشرج
> —(¿)˝ —(¿)˝
>
> http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en
>
>
> http://www.facebook.com/kangarooistan
>
> Hamzeh Abu-Abed
> helpinggaza@gmail.com
> fesack@wn.apc.org
> nextsapresidents@gmail.com
> mehyaawaaa@hotmail.com
> info@muslimmatch.com or apache@muslimmatch.com or
> politicsIranian@googlegroups.com
> arah1958@gmail.com
> islamwayoflife@googlegroups.com
> furtivo4000@gmail.com
> Thomas Santa - tsanta@med.usyd.edu.au
>
> Wassim Noujeim = Faris Jawad
>
> ** Posted from LINKdotNET -Jordan **
> http://www.link.net
> Cybertrust Australia Pty Ltd
>
>
> Jordan Data Communication Ltd.
>
> Keysborough Aus.
>
>
>
>

HOW TO BECOME A SHITSKIN MOSLEM - this is how: fuck goats, fuck your
mother (nikomak), molest children, wear a beekeepers outfit all the
time, never shower or bath, beat your wives, learn terrorist activities
at a maddrassa, wipe your ass with stones, sell the donkey you fucked to
a nearby village, marry a nine year-old , send your child off to an
indoctrination camp, practice thighing with little kids, Hijack a plane,
Hijack a ship, ............ Practice all those and you too could
become a prophet !!

이슬람의 성기를 빨아 당나귀 -
الإسلام يأخذ الحمار القضيب في الشرج

http://docs.google.com/Doc?docid=0Ab8hlafT770nZGR6cHZqOThfMHhwY2szYmc0&hl=en

http://www.facebook.com/kangarooistan

Elif air ab tizak mohammad !!!!

helpinggaza@gmail.com
nextsapresidents@gmail.com
info@muslimmatch.com or apache@muslimmatch.com or
politicsIranian@googlegroups.com
fesack@wn.apc.org
arah1958@gmail.com
kaled14232@gmail.com
islamwayoflife@googlegroups.com
furtivo4000@gmail.com
niyacn@msn.com
mehyaawaaa@hotmail.com
niyacn@hotmail.com
Thomas Santa - tsanta@med.usyd.edu.au
noujwas@yahoo.com

Wassim Noujeim = Faris Jawad

Keysborough Aus.

Jordan Data Communication Ltd.

== 6 of 6 ==
Date: Fri, Mar 19 2010 9:23 pm
From: "Firnando"


Every group has a troll and "alt.religion.islam" is no exception.

Our troll here is an individual who can easily detected by his indecent behavior which include sending massive messages to "alt.religion.islam" Forum, using nasty names and acting as ZIONIST BOOT LICKER BIGOT

In spite of that: He is misusing the policy of the internet service and abusing the participants by using their emails to flood the newsgroups with trash or cancel their messages!!

No matter how many times he get caught with his pants down he still manage to sneak online hiding behind stolen aliases

On the other hand; our troll now cancelling other posters messages in addition to sending out barrage spam intended to disrupt any discussion ....... he must be desperate!!

Furthermore, whenever this anti-Islam troll felt too happy, he always goes online to depress himself, he's tried 9 times to kill himself, for once I wish he'd get it right!

==============================================================================
TOPIC: New movie stuff
http://groups.google.com/group/rec.arts.movies.local.indian/t/a876ed560c81ea6f?hl=en
==============================================================================

== 1 of 1 ==
Date: Fri, Mar 19 2010 12:09 pm
From: seenu sri


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==============================================================================
TOPIC: Dr Jai Maharaj is a sad Monkey
http://groups.google.com/group/rec.arts.movies.local.indian/t/54e137b93f3610de?hl=en
==============================================================================

== 1 of 1 ==
Date: Fri, Mar 19 2010 2:25 pm
From: bademiyansubhanallah


Book Review

Perry Anderson on the Specter of China
Posted on Mar 19, 2010
By Perry Anderson

The following review originally appeared in the London Review of
Books, whose website is www.lrb.co.uk, and is reposted with
permission.

These days Orientalism has a bad name. Edward Said depicted it as a
deadly mixture of fantasy and hostility brewed in the West about
societies and cultures of the East. He based his portrait on Anglo-
French writing about the Near East, where Islam and Christendom
battled with each other for centuries before the region fell to
Western imperialism in modern times. But the Far East was always
another matter. Too far away to be a military or religious threat to
Europe, it generated tales not of fear or loathing, but wonder. Marco
Polo's reports of China, now judged mostly hearsay, fixed fabulous
images that lasted down to Columbus setting sail for the marvels of
Cathay. But when real information about the country arrived in the
17th and 18th centuries, European attitudes towards China tended to
remain an awed admiration, rather than fear or condescension. From
Bayle and Leibniz to Voltaire and Quesnay, philosophers hailed it as
an empire more civilised than Europe itself: not only richer and more
populous, but more tolerant and peaceful, a land where there were no
priests to practise persecution and offices of the state were filled
according to merit, not birth. Even those sceptical of the more
extravagant claims for the Middle Kingdom – Montesquieu or Adam Smith
– remained puzzled and impressed by its wealth and order.

A drastic change of opinion came in the 19th century, when Western
predators became increasingly aware of the relative military weakness
and economic backwardness of the Qing empire. China was certainly
teeming, but it was also primitive, cruel and superstitious. Respect
gave way to contempt, mingled with racist alarm – Sinomania capsizing
into Sinophobia. By the early 20th century, after eight foreign forces
had stormed their way to Pekin to crush the Boxer Uprising, the
'yellow peril' was being widely bandied about among press and
politicians, as writers like Jack London or J.H. Hobson conjured up a
future Chinese takeover of the world. Within another few decades, the
pendulum swung back, as Pearl Buck and Madame Chiang won popular
sympathy for China's gallant struggle against Japan. After 1948, in a
further rapid reversal, Red China became the focus of still greater
fear and anxiety, a totalitarian nightmare more sinister even than
Russia. Today, the high-speed growth of the People's Republic is
transforming Western attitudes once again, attracting excitement and
enthusiasm in business and media alike, with a wave of fashion and
fascination recalling the chinoiserie of rococo Europe. Sinophobia has
by no means disappeared. But another round of Sinomania is in the
making.

The title of Martin Jacques's When China Rules the World belongs to
the scare literature of the first. But its function is little more
than a commercial come-on, designed to clear the purchased display-
table and the airport stall. The book itself is a sweeping
contribution to the second. Its message consists of two parts. The
first is the now well-known projection that – at present growth rates
– the Chinese economy will be the largest in the world, overtaking the
American, within about 15 years. With four times the population of the
US, China already has the biggest foreign reserves, is the leading
exporter, posts the most spectacular stock-market gains, and contains
the largest car market on earth. So massive is the transformation its
rise to economic supremacy will bring that – so Jacques – history can
henceforward simply be divided into BC and AC: Before China and After
China. This part of the argument is a straightforward quantitative
extrapolation. Jacques hammers the impending figures home, without
adding a great deal to what anyone with a certain economic literacy
would know already.

Beyond altering international league tables, what will China's
emergence as an economic superpower signify? The second part of
Jacques's message is not about size, but difference. China is not like
other nations, indeed is not really a nation-state at all. It is
something vaster and deeper, a 'civilisation-state', inheritor of the
oldest continuous history in the world, whose underlying cultural
unity and self-confidence are without equal. Long before the West, its
rulers created the first modern bureaucracy, imbued with a Confucian
outlook at once authoritarian and democratic, controlling domestic
subjects more by moral education than force, and organising adjacent
regions into a consensual tributary system. By absorbing feudal
aristocrats into impersonal state service, they freed market forces
from customary constraints to develop a commercial society of
unparalleled dynamism and sophistication. Only the accident of more
readily available coal at home, and ruthless colonial pillage of
resources overseas, allowed 19th-century Europe to overtake this great
proto-modern economy, as industrialised in its way as the West, and
much larger. But this Western predominance will prove a brief
interval. Today, China is returning once more to its historic position
as the dynamic centre of the global economy.

What are going to be the consequences for the rest of the world?
Traumatically for the United States, China will fairly soon replace it
as hegemon, not only in traditional areas of Chinese influence in East
and South-East Asia, but across former Third and First Worlds alike.
The soft power of its sporting prowess, its martial arts, its costly
painters, its multitudinous language, its ancient medicine, and not
least the delights of its cuisine, will spread China's radiance far
and wide, as Hollywood, English and McDonald's do America's today.
Above all, its spectacular economic success will not only inspire
imitation wherever poor nations strive for betterment. It will reorder
the entire international system, by holding out the prospect, not of
democracy within nation-states, which the West vainly seeks to
promote, but of 'democracy between nation-states'. For we are entering
a time in which the political and ideological conflicts that marked
the Cold War are giving way to an 'overarching cultural contest', in
which 'alternative modernities' will end the dominance of the West. In
that emancipation a distinctively Chinese modernity, rooted in the
Confucian values of devotion to the family and respect for the state,
will lead the way.

How should this construction be judged? Enthusiasm, however well-
meaning, is no substitute for discrimination. Chinese antiquity
stretches back to 1500 BCE or beyond. But this no more makes today's
People's Republic a special genus of 'civilisation-state' than
comparable claims for la civilisation française make one of the Third
or Fourth Republic. Talk of 'civilisations' is notoriously self-
serving, and delimitations of them arbitrary: Samuel Huntington
arrived, rather desperately, at eight or nine – including an African,
Latin American and Eastern Orthodox civilisation. Nothing is gained by
affixing this embellishment to the PRC. Like France in the 1930s or
1950s, contemporary China is an integrist nation-state, cast in an
imperial mould, if with a much longer past and on a much larger scale.
Nor are inflated claims for the age-old economic centrality or social
wisdom of pre-modern China much help in understanding the present or
future of the country. If, up through the Song, China was
technologically and commercially far in advance of Europe, by the end
of the Ming its science lagged well behind, and even at the height of
Qing prosperity in the 18th century, agrarian productivity and average
wage levels, let alone intellectual progress in a broader sense, were
nowhere near vanguard developments in Europe. Nor are idyllic images
of sage concern for the welfare of the masses much closer to the
realities of rule by successive dynasties, which in the words of one
of China's finest historians, He Bingdi, were always 'ornamentally
Confucian and functionally Legalist' – repression wrapped in
moralising rhetoric.

It would be unfair to judge any of this side of When China Rules the
World, a popular work, by scholarly standards. None of it matters very
much to the main thrust of the book, where it serves only as
preliminary folklore to adjust readers in advance to the idea of pre-
eminence to come. China could perfectly well be about to dominate the
world without having nearly always represented the summit of universal
development in the past. More serious is the incoherence of the book's
central message. For the most part, When China Rules the World is an
unabashed exercise in boosterism, hailing the PRC not only as the
paramount power of the future, but as the liberating ice-breaker that
will, in the book's American subtitle, bring about 'The End of the
Western World and the Birth of a New Global Order'. Sightings of this
sort seem to have become a late British speciality: Jacques's version
is only a little less absurd than Why Europe Will Run the 21st Century
by Mark Leonard, a fellow seer of the Demos think tank Jacques helped
to found. But there is another side to When China Rules the World at
odds with its generally upbeat story. Internationally, China has
'embraced multilateralism', attracts its neighbours and partners by
'soft power', and promotes 'democracy between nations'. Yet we also
need to be aware that 'the Chinese regard themselves as superior to
the rest of the human race,' inheriting a Middle Kingdom mentality
that has always been more or less racist, and traditions of tributary
statecraft that may have been conducive to stability, but were always
based on hierarchy and inequality. Might this heritage compromise the
fair prospect of a democratic inter-state system? Not necessarily,
since while 'the Western world is over, the new world, at least for
the next century, will not be Chinese in the way that the previous one
was Western'. The book, in other words, disowns its own title,
confected purely to increase sales. China is not going to rule the
world. All that is happening is that 'we are entering an era of
competing modernity' in which China will 'increasingly be in the
ascendant and eventually dominant'.

But the idea of a distinctively 'Chinese modernity' winning a global
competition for hegemony is no more coherent than that of high-speed
Chinese growth ushering in 'democracy between nation-states'. Its role
in the book is to be understood in the light of the author's cursus
vitae. Once the editor of the Communist Party of Great Britain's
monthly, Marxism Today, after his party and journal gave up the ghost
in the early 1990s Jacques moved into mainstream journalism, shedding
the language, if not altogether the reflexes, of his past. The Cold
War over and the Soviet Union gone, the opposition between socialism
and capitalism was now a back number. How then should the open-door
policies of the PRC – its welcome to the world market – be related to
it? This is not a matter on which When China Rules the World cares to
dwell. Such questions belong to a vocabulary the book goes out of its
way to avoid. Over five hundred pages, the word 'capitalism' scarcely
ever appears. But there is still a global contest, in which the more
sympathetic side can nonetheless win. Simply, it is now between not
the outdated political and ideological categories of socialism and
capitalism, but alternative 'modernities', as so many different
cultural ways of being up to the minute. The function of this change
of lexicon is not hard to see. What it offers is the chance of a
consolation prize for the left. Capitalism may have won worldwide, so
why bother to go on talking about it? Instead, why not look ahead to
the welcome prospect of a non-Western variant of what is now our
common destiny overtopping all others, in a country where the ruling
party at least still describes itself as Communist?

Alas, there is a logical difficulty in this wistful hope, which is
insuperable. Alternative modernities, so conceived, are cultural, not
structural: they differentiate not social systems, but sets of values
– typically, a distinctive combination of morality and sensibility,
making up a certain national 'style' of life. But just because this is
what is most specific to any given culture, it is typically what is
least transferable to any other – that is, impossible to universalise.
Other recent works highlighting cultural differences in a post-
ideological world – Huntington's Clash of Civilisations or Fukuyama's
Trust come to mind – have grasped this intransitivity, making no
claims that any one complex could tend towards predominance over all
others, in the way that a modal economic order can. Moreover,
projections of a Chinese modernity that will eventually become
hegemonic not only forget the inherently self-limiting character of
any strongly defined national culture, they further ignore the
especially intense Chinese insistence, familiar to anyone who has been
in the country, on the uniqueness of China. Few contemporary cultures,
save perhaps Japan, are so self-consciously resistant to international
comparison, so convinced of the inimitability of their own forms and
traditions. In his way, Jacques is aware of this, at times even
exaggerating it as an inveterate sense of superiority close to racism,
of which there is less evidence than he assumes. But he fails to see
how thoroughly the cult of Zhonghuaxing – 'Chineseness' – undoes his
own imaginings of a future Han modernity spreading triumphantly, as a
universal attractor, across the globe.

The rise of the PRC as a great economic, political and military power
is a central fact of the age. But it gains no illumination from a
vacant notion of modernity, which remains as nebulous at the end of
When China Rules the World as it was at the beginning. It would not be
too unfair to say that what the book at bottom represents is a belated
meeting of Yesterday's Marxism with Asian Values. For beyond a general
insistence on the ethical continuities of Confucianism, of which
Chinese Communism is viewed as a lineal heir, it says remarkably
little about contemporary Chinese society itself. A few cursory lines
noting that inequality has been growing, but the government is now
acting to redress it; a bit more on the shortage of natural resources
and environmental problems; a clipped paragraph on the Party; some
prudent reflections on trouble in the border regions; and a firm
assurance that the country is not ready for democracy, so it would be
best if the CCP could rule undisturbed for another 30 years: this is
more or less all the reader curious to learn about the actual social
landscape of the PRC could gather from it. Certainly there is nothing
to upset the authorities in Beijing, where reception should be
excellent. In 1935, the Webbs entitled their book on the USSR Soviet
Communism: A New Civilisation?, dropping the question mark in
subsequent editions. Today's 'civilisation-state' has been approached
in something of the same spirit.

Serious understanding of contemporary China lies elsewhere. Two works
of outstanding scholarship, from opposite ends of the political and
intellectual spectrum, can be taken as current benchmarks. From the
liberal right, Yasheng Huang's Capitalism with Chinese
Characteristics is a tour de force of empirical inquiry, conceptual
clarity and independence of mind. Anyone wanting to know what kind of
economy, and what sort of growth, can be found in the PRC should now
start here. Huang's premises could not be more rigidly neoclassical:
sound development is delivered by private ownership, secure property
rights, financial liberalisation and the systemic deregulation of
economic transactions – and these alone. His conclusions, however, are
a clear illustration of the truth of Carlo Ginzburg's observation that
a misguided ideology can be a precondition of original research, as
well – perhaps as often – as an obstacle to it. By meticulous scrutiny
of primary evidence, above all a huge mass of bank documentation
tracking loans and their recipients, rather than simply relying on
aggregated second-hand statistics, Huang has cut through the clouds of
obscurity and confusion that have tended to surround the performance
of the Chinese economy in the Reform Era which followed the passing of
Mao.

His central finding is that the apparently unbroken rates of high-
speed growth have rested on two quite different models of development.
In the 1980s, a general liberalisation of financial policy allowed
private businesses to flourish in the countryside, many under the
misleading sobriquet of 'township and village enterprises', as credits
flowed to peasant start-ups and rural poverty fell dramatically. Then
came the shock of 1989. Thereafter, the state abruptly changed course,
choking off credits to rural entrepreneurs, switching loan capital
instead into large, rebuilt state-owned enterprises and urban
infrastructures, and – not least – granting massive advantages to
foreign capital drawn to the big cities. The social consequences of
this change, Huang argues, were dramatic. Inequality – not only
between village and city-dwellers, but within the urban population
itself – soared, as labour's share of GDP fell, while peasants lost
land, rural healthcare and schooling were dismantled, and illiteracy
in the countryside actually grew. In a blistering chapter on Shanghai,
the showcase of Chinese 'hyper-modernity', Huang demonstrates how
little average households in the city benefited from its glittering
towers and streamlined infrastructures. Amid a 'forest of grand
theft', officials, developers and foreign executives prospered while
private firms were stunted and ordinary families struggled to get by,
in 'the world's most successful Potemkin metropolis'. Nationwide, in
20 years, officialdom – raking in four successive, double-digit
increases in its salaries between 1998 and 2001 alone – has more than
doubled in size.

Cautiously, Huang expresses some optimism about the direction of the
current Hu-Wen government, as a correction of the worst excesses of
the Jiang-Zhu regime of the 1990s, while remarking that its reforms
may prove too late to redress the ruin of peasant enterprise, in
villages now often emptied by labour migration. But he ends by
contrasting the sky-high Gini coefficient of today's PRC with the
relative equity that marked the high-speed growth in the rest of East
Asia – Japan, South Korea and Taiwan – and the far greater role in
China of foreign and state enterprises, and the lesser weight of the
domestic private sector, in the country's growth model. One
consequence, he maintains, is that productivity gains have been
declining since the mid-1990s. For Huang, the lesson is
straightforward: efficiency and equity always depend on free markets,
which in China remain half-strangled. Capitalism there certainly is,
but a variety deformed by a corrupt and self-aggrandising state, which
in denying its people liberty to manage their own economic affairs has
failed to create reasonable conditions of fairness or welfare. The
prescription is simplistic, as a glance at the United States could
have told any scholar at MIT like Huang. Since the 1980s, financial
liberalisation and cast-iron property rights have not delivered much
social equity to Americans. But the indictment, set out with exemplary
care and lucidity, is unnegotiable. So too is the anger behind it, at
callousness and injustice. Not many economists would think to dedicate
their work, as Capitalism with Chinese Characteristics does, to a
couple of imprisoned villagers and an executed housewife.

Huang's central concern is with the fate of rural China, where, as he
rightly insists, the majority of the population still lives and dies.
The fate of urban labour is the subject of Ching Kwan Lee's Against
the Law. Studies of the working class anywhere in the world, once a
staple of history and sociology, have declined along with labour
movements as a political force; in recent years, perhaps only in
France has writing of real distinction appeared. Lee's book, written
from a standpoint on the radical left, transforms this scene. Although
quite different in mode and scale, in power nothing like it has
appeared since E.P. Thompson's Making of the English Working Class.
In fact, it could well have been called The Unmaking and Remaking of
the Chinese Working Class. The product of seven years' research and
interview work on the ground, it is an ethnographic and analytic
masterpiece.

The book is a diptych, one part devoted to the rustbelt of Manchuria,
the other to the sunbelt of Guangdong. Its first half is a study of
the destruction of the proletariat that built China's principal
industrial base after Liberation, as the great state-owned enterprises
of the north-east were scrapped or sold off, leaving their workers
jobless and often near-penniless, while officials and profiteers lined
their pockets with what was left of all they had created. By
coincidence, we have an unforgettable fresco of the wreckage of this
old working class and its universe in Wang Bing's nine-hour
documentary West of the Tracks (2003), a landmark of world cinema in
this century and a fitting pendant to Against the Law, made in
Shenyang while Lee was conducting her research in the same city. The
second part of Lee's book explores the emergence of a new working
class of young migrant labourers from the countryside, about half of
them women, without collective identity or political memory, in the
coastal export zones of the south-east. They have low-wage jobs, but
no security, toiling up to 70 or 80 hours a week in often atrocious
working conditions, with widespread exposure to abuse and injury.
Dereliction in the rustbelt, super-exploitation in the sunbelt: the
treatment of labour is pitiless in either zone.

How do workers react to it? In a system where they have no freedom of
industrial or political organisation, and the social contract that
once gave them a modest security and dignity in exchange for
subordination has been jettisoned, the law – however authoritarian –
becomes the only resource to which they can appeal. Any direct action
risking police repression, protests typically find their way to the
courts, in the hope that blatant violations of legality by employers
or local officials will find some redress there – and in the belief
that the central government, if it knew its laws were being broken,
would take action to see them enforced. Such popular faith in the good
intentions of the Party leadership might be seen as a Chinese version
of the traditional Russian belief in the tsar as 'Little Father',
unaware of the misdeeds of his bureaucrats and landlords. The central
authorities naturally foster the illusion that they are not
responsible for illegalities lower down, giving them leeway to step in
with last minute concessions when protests look like getting out of
hand.

In fact, as Lee makes clear, the law can only function as an effective
system of control and mystification if the courts do not invariably
act as rubber stamps for criminality or oppression. In general, that
is just how they do behave. But in a minority of cases, labour
disputes are decided – more often partially than wholly – in favour of
workers, keeping alive the belief that the law remains a protection
even where it is being brazenly flouted by those with state power
behind them. In ways reminiscent of the 18th-century England depicted
by Thompson in Whigs and Hunters, notions of 'the rule of law' become
a battleground, in which the anger of those below seeks to wrest
verdicts from the cynicism of those on high, as the only potential
weapons of the weak to hand. The reason regular failure in this
unequal contest does not lead to more explosive forms of protest, Lee
shows, is material rather than ideological. In the rustbelt, workers
dispossessed of everything else typically retain their own housing,
privatised to them at low prices, as a safety net. In the sunbelt,
migrant labourers still have rights to a plot of earth back in their
villages, where land has not yet been privatised, as a fall-back. For
all the wretchedness of their respective lots, neither is quite
destitute: each has something to lose.

The sobriety and realism of these conclusions diminishes nothing of
the tragedy of betrayed hopes and ruined lives that fills the pages of
Against the Law. Lee's capture of the voices of those caught in the
relentless industrial mechanisms of the Reform Era, in one poignant
interview after another, is among the finest accomplishments of her
book. The stories are often heartbreaking, but the accents with which
they are told speak of courage, indignation, stoicism, even humour, as
much as bitterness, resignation or despair. Few sociological studies
have combined structural and existential, objective and subjective
truths so memorably as this one. Without taking stock of it, no sense
of contemporary China is clear-eyed. In the 19th century, Europe
looked to America as the future, if one still quite some way off. In
the 21st century, the West looks towards China in something of the
same way. So far, certainly, no Tocqueville of the East has appeared.
Is what he once achieved repeatable? There is plenty of time yet. But
it is unlikely that Democracy in America will find its successor,
wherever else it might, in any Modernity in China.

http://www.amazon.com/When-China-Rules-World-Western/dp/1594201854%3FSubscriptionId%3D1XWTFJ60BR6QZ1PW9FR2%26tag%3Dtruthdig-20%26linkCode%3Dxm2%26camp%3D2025%26creative%3D165953%26creativeASIN%3D1594201854

Capitalism with Chinese Characteristics: Entrepreneurship and the
State
By Yasheng Huang

Cambridge University Press, 366 pages
http://www.amazon.com/Capitalism-Chinese-Characteristics-Entrepreneurship-State/dp/0521898102%3FSubscriptionId%3D1XWTFJ60BR6QZ1PW9FR2%26tag%3Dtruthdig-20%26linkCode%3Dxm2%26camp%3D2025%26creative%3D165953%26creativeASIN%3D0521898102

Against the Law: Labor Protests in China's Rustbelt and Sunbelt
By Ching Kwan Lee

University of California Press, 340 pages
http://www.amazon.com/Against-Law-Protests-Rustbelt-Sunbelt/dp/0520250974%3FSubscriptionId%3D1XWTFJ60BR6QZ1PW9FR2%26tag%3Dtruthdig-20%26linkCode%3Dxm2%26camp%3D2025%26creative%3D165953%26creativeASIN%3D0520250974

http://www.truthdig.com/arts_culture/item/perry_anderson_on_the_specter_of_china_20100319/

Free PDF Ebooks Files @AcrobatPlanet.Com ..Home

Submitted by wulan on Fri, 03/19/2010 - 06:31 Business & Economics

In the 12 years from 1978 to 1990, China's reform and opening up
achieved remarkable progress, with its GDP growing 9.0% annually and
trade volume growing at 15.4%. During this period, urban per capita
income grew 5.9% annually, but that of rural areas grew at a
spectacular rate of 9.9% annually (NBS, 2002 pp.17, 94,148). People's
living standards and incomes increased significantly and urban-rural
disparities fell.

The achievement of China's reform can be called a miracle in economic
history. However, in the late 1980s and early 1990s, international
economic research community did not understand much about China's
reform, and many economists were far from optimistic. Most economists
believed that a market economy should be based on private property, a
feature that the Chinese economy apparently lacked at that time.
China's state-owned enterprises (SOEs) were not privatized; a dual-
track resource allocation system was prevalent with state planning
still playing a very important role. They thought that although
China's economic transition was blessed with beneficial initial
conditions such as high proportions of cheap rural labor, low social
security subsidies, a large population of overseas Chinese, and a
relatively decentralized economy that helped to achieve some short-
term progress, the dual-track system would soon lead to efficiency
loss, rent-seeking, and institutionalized state-opportunism, which
constituted an inferior institutional arrangement. (Balcerowicz, 1994;
Woo, 1993; Sachs and Woo, 1994 and 1997; Qian and Xu, 1993.). Some
economists even claimed that China's transition would finally fail due
to incomplete reform (Murphy, Schleifer, and Vishny, 1992; Sachs, Woo,
and Yang, 2000).

At that time, most economists were optimistic about reform in the
Former Soviet Union and Eastern Europe (FSUEE hereafter) due to the
fact that these countries reformed their economies according to the
fundamental principles of neo-classical economics. The most
representative of these principles was the —shock therapy" implemented
in Poland, the Czech Republic, and Russia, which consisted of three
main components: price liberalization, rapid privatization, and
macroeconomic stabilization by removing fiscal deficits. (Lipton and
Sachs, 1990; Blanchard, Dornbusch, Krugman, Layard, and Summers, 1991;
Boycko, Shleifer, and Vishiny, 1995.) These components are considered
the base of an efficient economic system in neoclassical economic
theory.

Economists recommending shock therapy also knew that it took time to
make the transition from one economic system to another and that it
was costly to cast aside previously vested interests. But they
optimistically assumed that the national economy would grow after six
months or a year following an initial downturn stemming from the
introduction of shock therapy (Brada and King, 1991; Kornai, 1990;
Lipton and Sachs, 1990; Wiles, 1995). According to their beliefs, the
FSUEE would overtake China through their reform, though the former
started their reforms much later, and China's difficulties would loom
larger due to inconsistencies inside the economic system brought about
by incomplete reforms.

Ten years have elapsed since the predictions of many renowned
economists were put forth in the early 1990s. Contrary to these
predictions, China's economy has grown in the past decade while those
countries that implemented the shock therapy experienced serious
inflation and economic decline. Russia's inflation reached 8414% in
1993, and that of Ukraine reached 10155%. In 1995, Russia's GDP was
only half of what it had been in 1990, and Ukraine's situation was
worse with a 60% decline during the same period. With significant
declines in per capita income and extreme exacerbation of income
disparities, all social indicators slid–male life expectancy in Russia
decreased from 64 years in 1990 to 58 in 1994 (Gregory and Stuart,
2001, p. 470). Overall, the countries that implemented shock therapy
experienced great difficulties in reform, in contrast to the
optimistic expectation of most economists. In eastern European
countries, Poland scored best in economic transition with only a 20%
decline in its GDP. Poland did not really implement reform based on
shock therapy, however. Although prices in Poland were liberalized,
most of its large SOEs have yet to be privatized (World Bank, 1996;
Dabrowski, 2001).

In the 1990s, the Chinese economy did suffer from a myriad of
problems. For example, the SOE reforms initiated in the early 1980s
have yet to be completed; inter-regional and urbanœrural disparities
have enlarged; and there are still many serious problems in financial
system awaiting solution. However, the national economy grew 10.1%
annually in the 1990s, 1.1% higher than that of the previous 12 years.
International trade grew also at a rate of 15.2% in the last decade
(NBS, 2002, pp. 17,94),. Moreover, people's living standards improved
rapidly, especially in urban areas. Economic development in China not
only promoted the welfare of the Chinese people, but also contributed
greatly to the world economy. During the Asian Financial Crisis, the
Chinese currency (RMB) did not depreciate, which played an important
role in Southeast Asian economies' quick recovery and growth.

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PDF Ebook Viability, Economic Transition and Reflections on Neo-
classical Economics

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March 19, 2010 1:52 PM
Is China Building the Next Bubble?
Posted by MoneyWatch.com

This post by Carla Fried originally appeared on CBS' MoneyWatch.com.

Will the next pop you hear be the sound of the China bubble bursting?
A few of the world's savvier financial minds think so.

Jim Chanos has made a fortune betting against investments he believes
are ripe for a fall. Among his most illustrious short trades was
pegging high-flying Enron as a disaster in waiting. Today the hedge
fund manager is taking aim at China. "Without a modicum of doubt we
have a credit-driven property bubble right now," Chanos recently
declared in a talk he gave at the London School of Economics. That was
a toned-down version of his quip to the New York Times that China is
"Dubai times 1,000 -- or worse," a comment the manager of the $6
billion Kynikos fund now half-heartedly describes as tongue-in-cheek.

http://www.nytimes.com/2010/01/08/business/global/08chanos.html

Chanos is adding his respected voice to a growing rumble that China's
economy is nearing 212°F. In a recent survey of investment pros who
subscribe to Bloomberg's news and data service, 62 percent said they
believed China is brewing a bubble. Also singing in the China bubble
chorus: Harvard economics professor Kenneth Rogoff, Gloom and Doom
report publisher Marc Faber, and, most recently, James Rickards, a
Virginia-based consultant who knows a thing or two about financial
calamity -- he was the general counsel for Long-Term Capital
Management. To be clear, the China bubble talk is mostly focused on
the country's real estate sector, where property sales jumped 76
percent in 2009 and prices in some markets have recently been rising 8
to 10 percent a month. But the fear is that a meltdown in the real
estate market could take down the rest of the Chinese economy with it,
as has happened in the U.S. and Japan. And with China expected to
account for about a third of global growth in 2010, the consequences
could well be global.

http://www.bloomberg.com/apps/news?pid=20601010&sid=aNZe4JWeV1aw

The Mother of All Stimulus Projects

The roots of the problem lie in China's aggressive response to the
financial crisis. To make up for reduced exports, the government
ramped up domestic spending and what ensued was the "mother of all
stimulus projects," says Nicholas Lardy, a senior fellow at the
Peterson Institute for International Economics. The roughly $575
billion in direct stimulus doled out by China's central government
represented 15 percent of its GDP. (Consider that if the U.S. stimulus
program had clocked in at 15 percent of GDP we would be debating the
merits of a $2 trillion program, not the $787 billion Congress settled
on.)

China's banks also followed the stimulus script, doling out $1.4
trillion in loans last year, a 30 percent increase from 2008. All that
liquidity did the job. According to China's official data (which are
notorious for their lack of transparency) the domestic economy
expanded 12.6 percent in 2009, offsetting a three percentage point
decline in GDP from exports. Overall, China's economy grew 8.7 percent
in 2009, up from 2008's anemic -- at least by China's standards -- GDP
growth of 6.8 percent.

However, much of the stimulus spending and lending has found its way
into real estate, creating ominous imbalances and the potential for
huge amounts of bad loans that the Chinese government would then have
to cover. Commercial developers who were all too happy to take the
stimulus money and build on spec are now often hard-pressed to find
tenants; entire office buildings and shopping malls stand empty in
many large cities that have attracted the most development. In the
residential market, the problem is flipped: too much demand and not
enough supply. Homes are the default investment choice for an
increasingly flush populace that has limited access to other
investment vehicles. And the prevailing sentiment is that if you don't
buy today you are going to be priced out of the market tomorrow.

In response to concerns that it's inflating a bubble in real estate,
the central government has begun taking steps to cool things off, but
to date it's more talk than action. Bank reserve requirements and a
key lending rate have been increased only slightly, and official 2010
lending targets, while lower than last year, will still surpass credit
outlays from 2008.

http://www.nytimes.com/2010/03/19/business/economy/19fed.html

Bubble Dynamics

A torrent of commercial development, a residential market convinced
that if you don't get in today you're toast, and a wan government
response to overheating ... Sound familiar? But there are several key
structural differences between our real estate mess and China's
situation, which suggest it is simplistic to assume China's bubble
must end in a U.S.-style meltdown.

1. Leverage is muted. About 25 percent of Chinese buy their homes
outright with cash. Among borrowers, a 50 percent down payment is
typical; you can't get a mortgage with less than 20 percent down and
if you are looking to buy a second (or third) property the down
payment is 40 percent. China also has yet to develop a HELOC market.
Lardy, of the PIIE, notes that China's household debt as a share of
household income runs about 40 percent. In 2007, U.S. household debt
to income was 130 percent. Nor has China fallen into the grasp of Wall
Street alchemists concocting toxic real estate derivatives.

2. It's not a blanket bubble. Beijing, Shenzhen, and Shanghai are
China's Florida, Nevada, and California: speculation and overbuilding
have clearly fed bubble valuations. But Nicholas Consonery, China
analyst at the Eurasia Group, a political risk consulting firm, says
there's still plenty of unmet demand in China's second-, third-, and
fourth-tier cities.

3. The ubiquitous demand argument. Consonery also articulates the most
oft-heard reason for why the bubble doesn't have to burst: China
actually needs more construction, not less, to accommodate the mass
migration of Chinese from their rural past to their urban future.

While China's real estate picture doesn't necessarily stack up as
Dubai times 1,000, or even the United States circa 2006, similarities
to Japan's property bubble could be more salient. Rather than a quick
burst, Japan is still working through a long slow deflation from its
epic property bubble that peaked in the late 1980s. Patrick Chovanec,
professor at Tsinghua University's School of Economics and Management
in Beijing, who has advised private equity funds on China investments,
says that's the danger facing China. "Never underestimate the ability
of the Chinese to brush things under the rug, rather than
acknowledging losses and poor investments," Chovanec cautions. "That
can create a long-term drag on the economy."

Koyo Ozeki, head of Pimco's Asian credit analysis team, acknowledges
the Japan corollary (his comparison of China, Japan, and U.S. real
estate bubbles is below), but he believes a crucial difference is that
China has the ability to grow its way out of trouble. His worst case
scenario is that there's a two- or three-year cooling off period for
property values, but not a meltdown. "I think that it [would be] a
'correction,' as opposed to a 'burst of a bubble' similar to those
seen in the developed countries, because of China's structural demand
for modern houses," says Ozeki.

Source: Pimco estimates

The 437,000 Renminbi Question

What does this mean for your portfolio? When you have sharp minds on
both sides of the argument that should be a tip that making a big bet
on either is probably unwise. Moreover, China presents a few extra
challenges. Despite its large footprint -- China is expected to take
over Japan as the second largest economy in 2010 -- keep in mind we're
still talking about an emerging market.

Volatility and surprises (both upside and downside) are the norm. Add
in the fact that China's financial system and data reporting aren't
exactly open source code and you have another layer of complexity. And
even the China bears are careful to point out that they have no clue
when the bubble will burst. "We are not calling for an impending
crash," Chanos reminded the LSE crowd. Rogoff, former chief economist
of the IMF and co-author of This Time is Different, which chronicles
the long history of global financial calamities, recently told
Business Week he believes the liquidity deluge in China will
eventually culminate in enough bad debt to cause China's economic
growth to slow to just 2 percent to 3 percent a year. But as for when,
well, Rogoff would only pin it down to some time in the next 10 years,
and added that the setback would be short-term, not a Japanese-style
slow bleed.

http://moneywatch.bnet.com/economic-news/video/whats-wrong-with-the-recovery/356913/?tag=contentMain;contentBody

http://www.businessweek.com/news/2010-02-24/rogoff-says-china-crisis-may-trigger-regional-slump-update1-.html

Given all that uncertainty, it seems wise to channel Pascal's Wager:
Acknowledge you might be wrong and adjust your portfolio accordingly.
In this instance, that's an argument for taking a look at what might
happen if in fact China's bubble blows so explosively that it sends
the economy into a severe downturn. Here's how your portfolio could be
affected:

http://moneywatch.bnet.com/economic-news/article/economic-outlook-could-things-go-too-well/353298/?tag=contentMain;contentBody

Stocks: China is the third largest economy behind the U.S. and Japan,
and it is expected to push its way to number two this year. The IMF
forecasts that China will grow 10 percent, more than double the
overall world rate. If the bubble does in fact burst, growth will slow
and we could be in for round two of a global recession. That's an
argument for being cautious with equities and making sure your
emergency cash fund stays stuffed.

U.S. Treasuries: China holds about 10 percent of outstanding Treasury
debt; it jockeys with Japan from month-to-month for the top spot among
foreign investors. If China's economy hit the skids, one theory is
that it might choose to sell off Treasuries to raise capital for
spending back home. But dumping Treasuries is far from an easy call
for China, as it would depress the value of its Treasury portfolio and
cause the renminbi to rise in value (and the dollar to fall), which is
not ideal for its exports. Questions about how China will handle its
cache of U.S. Treasuries will likely keep the bond market on edge.
That's just another risk factor to add to why Treasuries aren't
exactly the safest investment right now.
http://moneywatch.bnet.com/retirement-planning/blog/financial-independence/would-you-lend-to-tim-geithner-on-these-terms/745/?tag=content;col1

Emerging market funds and ETFs: These are the most obvious losers if
China falters. It's not just that China represents 17 percent of the
MSCI Emerging Market Index -- the single largest country weight -- but
that so many of the other emerging markets, especially those rich in
resources such as Brazil and Russia, need China to remain a hungry
consumer. Overweighting emerging markets seems especially dicey right
now, despite the sector's recent strong performance. But even beyond
the implications of a China bubble, it's also wise to understand that
the fastest-growing economies don't always produce the highest
investment returns.
http://moneywatch.bnet.com/investing/blog/wise-investing/growth-in-china-india-and-brazil-might-not-mean-great-investment-returns/1002/?tag=content;col1

Bubble or not, one thing is clear: China is teeing itself up for
plenty of volatility in the coming years. And it will affect the whole
world. "Even with the strong long-term fundamentals, any market that
has experienced such rapid growth creates its own fragility," says
investment banker Euan Rellie, senior managing director of Business
Development Asia LLC. "That makes it certain there will be declines
and corrections."

More on MoneyWatch:

China's Growth Threatened by Inflation, Or Is It Deflation?
http://moneywatch.bnet.com/investing/blog/against-grain/chinas-growth-threatened-by-inflation-or-is-it-deflation/481/?tag=contentMain;contentBody

Video: Why You Should Worry About China
http://moneywatch.bnet.com/economic-news/video/why-you-should-worry-about-china/385526/?tag=contentMain;contentBody

The China Boom: A Sure Thing NOT to Bet on in 2010
http://moneywatch.bnet.com/retirement-planning/blog/financial-independence/china-the-sure-thing-not-to-bet-on-in-2010/677/?tag=content;col1

Video: Why You Need Emerging Markets in Your Portfolio
http://moneywatch.bnet.com/investing/video/investors-why-you-need-china-and-brazil/388541/?tag=contentMain;contentBody

http://www.cbsnews.com/8301-503983_162-20000790-503983.html

China : Shifting Concentration Of Real Wealth
By: Indranil Sen Gupta Friday, March 19, 2010 9:56 AM

In my last column I discussed about the immense potentiality of china
towards creation of wealthy citizens. I have tried to depict the true
picture of the Chinese government, which helps to increase and develop
the citizens of china. It clearly points out those Chinese economic
policies are helping to reduce the gap of rich and poor. The proof of
the pudding is that China ranks No 2 on Forbes billionaires list.
Moreover 27 of them have made into the list for the first time and
that also at a point of time when the world economy is fighting
enormously with the recession nights.

I ended the report with a prelude to this topic where I will again try
my level best to bring forth the policy behind making Chinese citizen
and economy so surprising to the world economy. But before that we all
need to have a quick look towards the covered up journey of China.

If we look into the historic position of Chinese economy it will very
hard for any one to believe about the turn around been formalized in
to shape of today's Chinese economy.

• China's industries developed and grew from 1927 to 1931. Though
badly hit by the Great Depression from 1931 to 1935 and Japan's
occupation of Manchuria in 1931, industrial output recovered by 1936.

• By 1936, industrial output had recovered and surpassed its previous
peak in 1931 prior to the Great Depression's effects on China.

• This is best shown by the trends in Chinese GDP. In 1932, China's
GDP peaked at 28.8 billion, before falling to 21.3 billion by 1934 and
recovering to 23.7 billion by 1935.

• In 1978, China was to witness one of the most rapid periods of
change in her 5,000 year history.

• 30 years later, China had developed from an economically desolate
and ideological-driven country into an industrial powerhouse, rapidly
overtaking developed western nations in recession.

• In the 1990s, many state enterprises were privatized and private
individuals were allowed to create companies. In 1990, the Shanghai
Stock Exchange was reopened after Mao first closed it 41 years
earlier.

• It also established a series of "special economic zones" in which
foreigners could invest in China taking advantage of lower labor
costs.

This investment helped the Chinese economy boom. In addition, the
Chinese government established a series of joint ventures with foreign
capital to establish companies in industries hitherto unknown in
China.

• By 2001, China became a member of the World Trade Organization,
which has boosted its overall trade in exports/imports—estimated at
$851 billion in 2003—by an additional $170 billion a year.

• In 2006, an estimated $699.5 billion of foreign investment was
present in China. A great deal of this investment came from Chinese-
speaking regions such as Hong Kong and Taiwan, who was the first to
invest in China. Japanese and Western investment followed.

So now its well clear to my readers about the encapsulated journey of
today's Chinese economy from the era of 1930.But all these were in the
initial days were only plans or policies. How did they materialize is
the point to be analyzed.

They have been materialized due to one single factor that is the
education. Education not only in schools and college levels, but also
to create the huge untapped potentiality of skilled and semi skilled
education and educated mass of population. We all know that china
posses one of the largest population. The world at times used to
critics this huge mounting population of china. But china and its
government's decades after decade have converted their biggest weak
point in to their biggest strength. Today china enjoys the huge
potentiality of its consumers and consumption.

It have created the largest pool of skilled and semi skilled workers
and employees .What we say in corporate term Blue Collard Jobs. China
has used its cheap commodity resources to create world best products
and cheap products. Educations particularly in science field have
helped china to become the supreme power of technology. China have
created the world finest products through its massive and continuous
never ending technological innovations. It have created scientist and
researchers equivalent to the western world. All these have been
created on the wheel of proper and improvised education system
provided by Chinese governments.

We have discussed many times a about the Chinese economic growth
models and the huge reserves and its stock gold piles. But among all
these the real growth model is the development of education system in
china. Its real wealthy citizens are the ones who gets education and
take the future responsibility of Chinese economy. China is making a
shift of its wealth. Its busy in shaping up the fortune of the
citizens of china.

If china have become the No.2 in Forbes billionaires list it ca be
clearly declared without any second thought that China deserves to be
crowned with No.2

Very recently china is going to bring a change in the education
system.

• China plans to revamp its university admissions system, allowing
students to take subject-specific tests.

• Currently access to university is entirely dependent on the score
students gets on a two-day test on a wide range of subjects.

• A little more than 10.2 million students take the exam each year,
and only about 25% of them get in. The vast majority of those who
don't make the cut go straight into the work force. China is trying to
bring change into its education system so that the vast majority can
reap the benefits of education. Moreover this will also increase the
talent pool of Chinese new generation. More White Collard Jobs will be
created resulting free dependence of the economy.

The schools and colleges have been asked to develop and promote
create thinking minds within the students. This will enable the future
growth of china. Just imagine when many countries in the west are busy
to resolve the post war situation and busy in exercising images of
super power, China is creating and shaping its future. China is
thinking way ahead of another 30years from now. Where as many
countries in the west who are busy to come out of the bad sins
committed through speculative economic and business growth modules
adopted by them.

China is thinking to develop the nation where ideas will be sold and
other economies will buy them paying hefty amount Products will be
replaced by ideas. A time might come when the Chinese economy will
increase the taxation for selling only innovative ideas. It might
sound funny but juts imagine the growth model and the future strategy
adopted and being implemented by china towards developing its economy.

It can be said that China is SHIFTING CONCENTRATION OF WEALTH. Western
economies will become 2nd rank economies and China will come under
developed economies rank.

Today after so many years US and other economies have identified that
the real growth of any economy lies in the hands of education system.
It can created speculative gains and growth for shorter time frame but
if its looks within the thin line of economic growth the results are
beyond speculation. Today the US government is buying in shaping up
the education system. It asks its citizens to create scientist doctors
and researchers. Since it feels very well that the in the coming
decade other economies will take over the super power crown.

Today US have realized the mistakes it have committed and now bringing
radical changes in the education system to shape up the future. Very
recently US is emphasizing to improve students and teachers instead of
punishing under performing schools. US have 33% under performing
schools. Unfortunately the list is increasing each day without
rewinding back. US is also going spend four-billion dollar more on
education system.

At the end I would like to conclude the series with this note that all
these analysis of the education system was not to criticize but to
bring forth the true portrait being painted by the world and China
alone in the coming decades. We must understand the growth of any
economy never lies in numbers. It lies among all of us who are juts
like you reading this article. It is we who will bring the economic
growth GDP to 20% in the next 3 decades from now. Its not the business
profit figures or the fiscal balance which will bring this growth.
Education is the foundation of economic growth of any nation on this
planet.

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A Slow Boat From China
Posted: March 19, 2010 at 5:08 am

China said it will send an envoy to Washington to discuss the friction
between the two countries over the value of the yuan. It will not
matter. Too many members of Congress, CEOs of major exporters, and
union presidents who use China's trade practices as a target for their
plans to save millions of jobs need to get the yuan's value to "float"
in the free market. That should, they reason, give America the chance
to compete with China's exports based on price.

America can increase exports by two times what they are now, as the
President says will happen. China's economy will be damaged because
the cost of its manufactured goods will rise. The day when China's GDP
catches America's will be pushed well beyond the horizon.
China's leaders are clearly in the midst of trying to fashion some
compromise. The Emperor has had no clothes for too long. China has
protected its currency in an unseemly way, at least economically. The
world's most populous nation can act on its own, or have the other
major world powers label it a currency manipulator. That will probably
lead to a series of large tariffs against Chinese goods which could
knock down its export traffic enough to put its economy into a funk.

China still has more leverage than the developed nations. They cannot
run their economies without cheap Chinese goods. It would hurt
consumer spending and damage the already hobbled retail industry.
China cannot be replaced as the "low-cost" provider of imports. It
does not need to mention that fact. It is easier for China to say it
cannot re-value the yuan because the action would ruin China's cost
advantage and push Chinese workers out of jobs.

China's envoy may seem to come to Washington hat in hand. He may
suggest some modest compromises on the yuan's value. He will, however,
say in private and not in public, that the US would not want to see
Walmart go out of business because it cannot make a profit on goods
made in America.

Douglas A. McIntyre

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March 19, 2010, 3:23 a.m. EDT
Currency stress tests indicate Beijing 'readying' yuan move

SocGen says one-off 5%-10% appreciation coming in April or May
By Chris Oliver, MarketWatch

HONG KONG (MarketWatch) -- Additional evidence that China is preparing
to allow its currency to appreciate is accumulating, with various
government bureaus reportedly conducting their own "stress tests" on
the effect a stronger currency would have on the nation's industry.

Chinese media reported earlier in the week that the Ministry of
Finance would send researchers to study the impact of currency gains
on exporters and processing manufacturers. Meanwhile, findings from a
similar study, conducted by the Ministry of Commerce, are due to be
released by April 27, according to a report Friday in China Business
News.

ViewPoints: China, the New Dominant Economy?

Managing Director of The Carlyle Group, David Rubenstein, predicts
that China will surpass the U.S. as the dominant economy by the year
2035, in a ViewPoints interview with Deputy Managing Editor Alan
Murray.

The Commerce Ministry is also readying a six-point study on measures
that would boost Chinese imports and foster more balanced foreign
trade, according to broker Société Générale.

"China is not abandoning plans for yuan appreciation/revaluation,
despite what many are interpreting as a political environment that is
growing hostile to such a development," wrote SocGen economist Glenn
Maguire in Hong Kong.

The developments, Maguire said, indicate China is preparing to shift
its policy stance in a manner that will be "more substantial" than a
mere gradual yuan appreciation.

Instead, SocGen is forecast a one-off revaluation of 5% to 10% in
either April or May.

"A move of this magnitude will negate the risk of the protectionist
card being played in the U.S. midterm elections," Maguire wrote.

However, Standard Chartered analysts said Friday markets were now
expecting a lower rate of annual yuan appreciation this week, likely
as a result of contradictory signals emanating from Beijing on its
currency.

The futures markets were pricing in 2.2% to 2.8% of annual yuan
appreciation against the dollar, down from the 3% rise indicated last
week.

Standard Chartered said it was advisable for companies that trade with
China to begin hedging currency risk.

State firms' profits up

In a related development Friday, the Finance Ministry said profit
among state-owned enterprises rose 89% in the first two months of the
year.

SocGen's Maguire said the finding was yet more evidence China's of a
coming move on the currency.

Profits were healthy, except among companies that would benefit from a
stronger yuan, Maguire said, adding that some state companies such as
power producers and steel makers would see input cost fall under a
revaluation scenario.

Steel mills in particular are likely to face price pressures, as major
iron-ore miners are seeking to raise prices significantly in this
year's contracts.

"The impressive increase in profits over the past year suggests a
greater ability of the Chinese industrial complex to withstand a yuan
appreciation than many analysts are crediting," Maguire said.

Chris Oliver is MarketWatch's Asia bureau chief, based in Hong Kong.

Comments (60)

Temporalist 6 hours ago+3 Votes (4 Up / 1 Dn)

Agreed Continent. The Chinese people will benefit from the increased
Yuan. They will start to buy their own goods and they will no longer
need to export as much.

This is just a red herring to distract people from the real problem
that most major countries around the world are broke and going more
broke; promising citizens more crazy entitlements and caving into
unions and labor forces while increasing debt and deficit spending to
all time highs.Reply Link Track Replies Report Abuse therosierside 3
hours ago+1 Vote (1 Up / 0 Dn) Request sentAgree and Disagree. China
on the whole cannot afford their own products, and export of the
manufacturing of goods is their primary resource. I say call their
bluff. When push comes to shove, pull. However, I do agree, this is a
'red herring'. The irony drips in your statement.

Go ahead threaten away on the rise of the yuan. Ha, it's funny though.
It's like the U.S.S.R. all over again, and China got a taste for
capitalism, and the wealth from manufacturing. Their people will riot
if this happens, and their government is more scared of their own
people than the US. Power to the people!

The U.S. and the U.K. can make out on this the most, if they team up,
and remember their roots. It's amazing though, how we can easily shoot
straight, but might shoot ourselves in the foot instead. Let's also
not forget our arabic AND israeli allies. Power to the people!Reply
Link Track Replies Report Abuse iewgnem 2 hours ago0 Votes Request
sentA strong currency will enable Chinese consumers to buy more, but
if the US is any indication, what they buy might not be their own
goods.Reply

1REAGAN 6 hours ago-1 Vote (4 Up / 5 Dn)

The dollar is in free fall. If China were to continue pegging the
yuan, the result would be catastrophic. China must float the yuan.
Maybe it will help Americans to see that hussein is ruining the
American economy.

heisamazing 5 hours ago+1 Vote (3 Up / 2 Dn)

Yeah, don't let facts get in the way of an opinion. The dollar is not
in a free fall.

See 2 year graph: http://bigcharts.marketwatch.com/quickchart/quickchart.asp?symb=dxy&sid=0&o_symb=dxy&freq=1&time=9

Its obvious where your bias lies.

1REAGAN 5 hours ago+1 Vote (4 Up / 3 Dn)

The dollar lost 30% versus the euro in 2009. The Keynesian huessy
policies will continue to weaken the dollar. The dollar is in free
fall.

The pound is also weakening because of the Keynesian policies of the
"British Labour Party."

Countries who implement socialist, Keynesian policies will have
weakening currencies. Countries who move toward free enterprise will
have strengthening currencies.

tjbrew 5 hours ago-1 Vote (3 Up / 4 Dn)

With a screen name like "1REAGAN", it's not hard to see your bias.
Yes, Reagan, the originator of large fiscal deficits and Reagonomics,
the start of the vast transfer of wealth to a few elite with "trickle
down" economics. If we just cut corporate taxes to zero that would fix
everything!

And the guy you're call "hussein" who in your opinion is "ruining the
American economy" ... yeah, the guy before him left the economy in
such great shape it's really hard to see why it hasn't all been fixed
by now! Sheesh ...

LBX 6 hours ago-1 Vote (1 Up / 2 Dn) Req

The RMB is likely to be floated in April.

Once it is floated, it will immediately DROP about 3 to 5%.

AmeriWho 5 hours agoEven (2 Up / 2 Dn)
RMB?

aiiiyo 2 hours ago+1 Vote (1 Up / 0 Dn)
same as Yuan
bull 6 hours ago+3 Votes (5 Up / 2 Dn)

China will not let the Yuan move more than 5% vs. the dollar per year
- forget about anything else as it will kill their export machine and
their grander plans......They do not care about the well being of
their people......they are just cheap labor in the Govt's mind.....

NO-FOMC 2 hours ago0 Votes Request senttrue maybe 10 years ago, and
yes i know that for a fact...but the bottom line is which is the
better of two evils....@#$%&! your reserves away by buying worthless
US assets (treasury debt) or help your domestic economy?

China realizes they are soooo done with eating table scraps from the
floor ...

iewgnem 2 hours ago0 Votes

I think a lot of Americans right now will rather see their welbeing
improve from getting employed as "cheap labor" making things for
exports than being able to buy more stuff from abroad with
unemployment checks. But then the US government cares too much for its
own people to let that happen.

UPJONES 5 hours ago+3 Votes (4 Up / 1 Dn)

The profit of the enterprise working on export processing business is
razor thin, at just about 2-5%. They will file bankruptcy right after
a 5% appreciation, and millions of Dagong Mei/Zai (Hunting girl/boys)
will lose their jobs.

China is buying time to do three things:

1. Build its domestic consumer market by increasing incomes/salaries

2. Perfecting the social secuity networks-Pension, Medicare and
apartments(Mostly for homeless)

3. Industrial transformation from manufacturing to innovation and
value added (Look at the neo-energy, nano, Aero, and especially bullet
trains, very competitve given the gov incentives and lots of "Cheap
and Good" engineers)

LBX 5 hours ago-1 Vote (1 Up / 2 Dn)

Many of them are actually getting negative gross margins. not to
mention net.

rojt88 4 hours ago+2 Votes (2 Up / 0 Dn)
LBX

The differences between Chinese and American accounting is caused by
pay differentials between the two cultures. Historically and
culturally, even dating back centuries, Mandarin officials and Chinese
executive pay is always held low. Much of this is due to Confucian
ethics and morality that wealth is not an indicator of success in
life. This is much different from the western ideal. Chinese
traditionally always hide income while American flaunt it.

Chinese businesses whose bosses serve for decades, like Hong Kong's Li
and Tung dynasties, always hide profits and exaggerate losses vs the
Western fashion of hiding loses and boosting profits so that rotating
CEOs can get their annual bonuses.

I estimate that the Chinese have 10-15% of their assets in hidden
accounts...or US$500billion (for PRC, HK, Taiwan). A lot of Chinese
inflation has been due to the sudden repatriation of much of this
offshore moneys into China due to financial instability in the west.

In a recent Chinese survey of foreign funds pouring into China over
the past decade, Hong Kong ranked first, then some islands in the
Caribbean ranked second and third. USA and Europe were last on the
list.

NO-FOMC 4 hours ago+1 Vote (2 Up / 1 Dn)

Funny how at the start of the century and after depression, USA had
the same characteristics...so where would you see china in 20+ years?
and where would you see USA in 20 years? remember..the world was
pegged to dollar gold before nixon. So last 20 years, our growth was
real or inflated?

NO-FOMC 2 hours ago+1 Vote (1 Up / 0 Dn)

US is buying time to avoid three things:

1. Financing a ever growing trade and acct deficit by depreciating the
USD to avoid default

2. Insure our world dominance by going to war so we wont lose our
world reserve currency title

3. the failure to realize a over leverage and underfunded US economy
will not be sustainable

Bastiat 5 hours ago+2 Votes (4 Up / 2 Dn)

Obama wants to run China. He found out that he could't run the US so
now he wants to run China. Obama, your problem is the US$, not the
yuan. You kept Bernanke, now deal with the imbecile.

RayO 5 hours agoEven (1 Up / 1 Dn)

Look out Walmart here comes a big Wave.

iewgnem 34 minutes ago0 Votes Request sentWhat if they simply
increase prices to maintain their margins? Considering in some
industries China consists of >90% of global output, it will still cost
importers less to absorb the cost than to spend billions in new
capital investments and time for production to ramp up. At the same
time re-exporters will see their material prices come down which will
also help to balance their margins.

All the talk about higher exchange rate driving Chinese exporters out
of business are assuming they don't have the power to pass the cost to
consumers on the other side. I suspect part of the stress test is to
see just how much they can raise the costs without losing their
business.Reply Link Track Replies Report Abuse « « ‹ ‹

Temporalist 6 hours ago+3 Votes (4 Up / 1 Dn)

Agreed Continent. The Chinese people will benefit from the increased
Yuan. They will start to buy their own goods and they will no longer
need to export as much.

This is just a red herring to distract people from the real problem
that most major countries around the world are broke and going more
broke; promising citizens more crazy entitlements and caving into
unions and labor forces while increasing debt and deficit spending to
all time highs.

therosierside 3 hours ago+1 Vote (1 Up / 0 Dn)

Agree and Disagree. China on the whole cannot afford their own
products, and export of the manufacturing of goods is their primary
resource. I say call their bluff. When push comes to shove, pull.
However, I do agree, this is a 'red herring'. The irony drips in your
statement.

Go ahead threaten away on the rise of the yuan. Ha, it's funny though.
It's like the U.S.S.R. all over again, and China got a taste for
capitalism, and the wealth from manufacturing. Their people will riot
if this happens, and their government is more scared of their own
people than the US. Power to the people!

The U.S. and the U.K. can make out on this the most, if they team up,
and remember their roots. It's amazing though, how we can easily shoot
straight, but might shoot ourselves in the foot instead. Let's also
not forget our arabic AND israeli allies. Power to the people!

iewgnem 2 hours ago0 Votes

A strong currency will enable Chinese consumers to buy more, but if
the US is any indication, what they buy might not be their own goods.

1REAGAN 6 hours ago-1 Vote (4 Up / 5 Dn)

The dollar is in free fall. If China were to continue pegging the
yuan, the result would be catastrophic. China must float the yuan.
Maybe it will help Americans to see that hussein is ruining the
American economy.

heisamazing 5 hours ago+1 Vote (3 Up / 2 Dn)

Yeah, don't let facts get in the way of an opinion. The dollar is not
in a free fall.

See 2 year graph: http://bigcharts.marketwatch.com/quickchart/quickchart.asp?symb=dxy&sid=0&o_symb=dxy&freq=1&time=9

Its obvious where your bias lies.

1REAGAN 5 hours ago+1 Vote (4 Up / 3 Dn)

The dollar lost 30% versus the euro in 2009. The Keynesian huessy
policies will continue to weaken the dollar. The dollar is in free
fall.

The pound is also weakening because of the Keynesian policies of the
"British Labour Party."

Countries who implement socialist, Keynesian policies will have
weakening currencies. Countries who move toward free enterprise will
have strengthening currencies.Link Report Abuse tjbrew 5 hours ago-1
Vote (3 Up / 4 Dn) Request sentWith a screen name like "1REAGAN",
it's not hard to see your bias. Yes, Reagan, the originator of large
fiscal deficits and Reagonomics, the start of the vast transfer of
wealth to a few elite with "trickle down" economics. If we just cut
corporate taxes to zero that would fix everything!
And the guy you're call "hussein" who in your opinion is "ruining the
American economy" ... yeah, the guy before him left the economy in
such great shape it's really hard to see why it hasn't all been fixed
by now! Sheesh ...

LBX 6 hours ago-1 Vote (1 Up / 2 Dn)

The RMB is likely to be floated in April.

Once it is floated, it will immediately DROP about 3 to 5%.

AmeriWho 5 hours ago

Even (2 Up / 2 Dn)

aiiiyo 2 hours ago+1

same as Yuan

bullrunisbull 6 hours ago+3

China will not let the Yuan move more than 5% vs. the dollar per year
- forget about anything else as it will kill their export machine and
their grander plans......They do not care about the well being of
their people......they are just cheap labor in the Govt's mind.....

NO-FOMC 2 hours ago

true maybe 10 years ago, and yes i know that for a fact...but the
bottom line is which is the better of two evils....@#$%&! your
reserves away by buying worthless US assets (treasury debt) or help
your domestic economy?

China realizes they are soooo done with eating table scraps from the
floor ...R

I think a lot of Americans right now will rather see their welbeing
improve from getting employed as "cheap labor" making things for
exports than being able to buy more stuff from abroad with
unemployment checks. But then the US government cares too much for its
own people to let that happen.

UPJONES 5 hours ago+3 Votes (4 Up / 1 Dn)

The profit of the enterprise working on export processing business is
razor thin, at just about 2-5%. They will file bankruptcy right after
a 5% appreciation, and millions of Dagong Mei/Zai (Hunting girl/boys)
will lose their jobs.

China is buying time to do three things:

1. Build its domestic consumer market by increasing incomes/salaries

2. Perfecting the social secuity networks-Pension, Medicare and
apartments(Mostly for homeless)

3. Industrial transformation from manufacturing to innovation and
value added (Look at the neo-energy, nano, Aero, and especially bullet
trains, very competitve given the gov incentives and lots of "Cheap
and Good" engineers)

LBX 5 hours ago-1 Vote (1 Up / 2 Dn)

Many of them are actually getting negative gross margins. not to
mention net.

rojt88 4 hours ago+2 Votes (2 Up / 0 Dn)

LBX

The differences between Chinese and American accounting is caused by
pay differentials between the two cultures. Historically and
culturally, even dating back centuries, Mandarin officials and Chinese
executive pay is always held low. Much of this is due to Confucian
ethics and morality that wealth is not an indicator of success in
life. This is much different from the western ideal. Chinese
traditionally always hide income while American flaunt it.

Chinese businesses whose bosses serve for decades, like Hong Kong's Li
and Tung dynasties, always hide profits and exaggerate losses vs the
Western fashion of hiding loses and boosting profits so that rotating
CEOs can get their annual bonuses.

I estimate that the Chinese have 10-15% of their assets in hidden
accounts...or US$500billion (for PRC, HK, Taiwan). A lot of Chinese
inflation has been due to the sudden repatriation of much of this
offshore moneys into China due to financial instability in the west.

In a recent Chinese survey of foreign funds pouring into China over
the past decade, Hong Kong ranked first, then some islands in the
Caribbean ranked second and third. USA and Europe were last on the
list.

NO-FOMC 4 hours ago+1 Vote (2 Up / 1 Dn)

Funny how at the start of the century and after depression, USA had
the same characteristics...so where would you see china in 20+ years?
and where would you see USA in 20 years? remember..the world was
pegged to dollar gold before nixon. So last 20 years, our growth was
real or inflated?

NO-FOMC 2 hours ago+1 Vote (1 Up / 0 Dn)

US is buying time to avoid three things:

1. Financing a ever growing trade and acct deficit by depreciating the
USD to avoid default

2. Insure our world dominance by going to war so we wont lose our
world reserve currency title

3. the failure to realize a over leverage and underfunded US economy
will not be sustainable

Bastiat 5 hours ago+2 Votes (4 Up / 2 Dn)

Obama wants to run China. He found out that he could't run the US so
now he wants to run China. Obama, your problem is the US$, not the
yuan. You kept Bernanke, now deal with the imbecile.

RayO 5 hours agoEven (1 Up / 1 Dn) Re

Look out Walmart here comes a big Wave.

iewgnem 34 minutes ago

What if they simply increase prices to maintain their margins?
Considering in some industries China consists of >90% of global
output, it will still cost importers less to absorb the cost than to
spend billions in new capital investments and time for production to
ramp up. At the same time re-exporters will see their material prices
come down which will also help to balance their margins.

All the talk about higher exchange rate driving Chinese exporters out
of business are assuming they don't have the power to pass the cost to
consumers on the other side. I suspect part of the stress test is to
see just how much they can raise the costs without losing their
business.Reply Link Track Replies Report Abuse

http://www.marketwatch.com/story/china-stress-tests-suggest-yuan-rise-coming-2010-03-19?reflink=MW_news_stmp

March 19, 2010, 3:31 p.m. EDT

U.S. stocks break win streak on jitters over Greece, India, oil

By Donna Kardos Yesalavich, MarketWatch

NEW YORK (MarketWatch) -- A retreat in energy stocks weighed on the
broader market Friday, with the Dow Jones Industrial Average stalling
in its attempt to set its longest winning streak in more than 13
years.

The energy sector was the weakest category in a broad-based sell-off
as oil prices retreated near $80 a barrel. Worries about key overseas
economies also weighed on the market, which some said was due for a
pause after a solid run lately.

TODAY'S TOP MARKET STORIES

S&P 500 (1 YEAR)

1,2001,00080060010MJSNF

• Market Snapshot: U.S. stocks in focus
• Today's biggest advancing, declining stocks
• Sign up for free, breaking-news email alerts

Equities by Sector
• Technology stocks | Energy stocks
• Metals stocks | Retail stocks
• Financials | Airline stocks | Pharma and Biotech

More on Markets

• Bond Report | Oil News | EarningsWatch
• Currencies | Market Data | Economic Calendar
• See all the latest markets video /conga/story/misc/markets.html
55637

The Dow Jones Industrial Average /quotes/comstock/10w!i:dji/delayed
(INDU 10,742, -37.41, -0.35%) fell 47 points, or 0.4%, to 10,731.93,
on pace to snap an eight-day winning streak, the first such run since
late August. A nine-day gain, if the Dow can manage a late-day
rebound, would represent the Dow's longest rally since November 1996.

A dive in energy prices fueled by an uptick in the dollar has made
that rosy outcome seem less likely as the session has played out. Oil
futures were recently off $1.75 at $80.45 a barrel after retreating
near $79 earlier in the session at the New York Mercantile Exchange.

The Standard & Poor's 500 Index /quotes/comstock/21z!i1:in\x (SPX
1,160, -5.92, -0.51%) , which slipped Thursday, recently was off 0.6%,
led by a 1.2% decline in its energy sector. Baker Hughes /quotes/
comstock/13*!bhi/quotes/nls/bhi (BHI 47.53, -1.84, -3.73%) slid 3.6%,
while Consol Energy /quotes/comstock/13*!cnx/quotes/nls/cnx (CNX
45.59, +0.04, +0.10%) and Massey Energy /quotes/comstock/13*!mee/
quotes/nls/mee (MEE 49.91, -1.74, -3.37%) were off more than 2% each.
Exxon Mobil /quotes/comstock/13*!xom/quotes/nls/xom (XOM 66.56, -0.48,
-0.72%) fell 1%, and Chevron /quotes/comstock/13*!cvx/quotes/nls/cvx
(CVX 74.17, -0.81, -1.08%) was down 0.6%.

"The commodities, like other risky assets, are taking a little bit of
a breather," said Russ Koesterich, managing director of BlackRock's
scientific active equity business. But he said it was encouraging that
both stocks and raw materials weren't declining even more.

"The market has had a big run-up, it's continuing to defy some of the
pessimists, and this happened on a bunch of factors," including benign
inflation readings and a decision by the Federal Reserve to keep its
rate target near zero, said Koesterich. "This is helping to keep a
floor under stocks."

Other central banks around the world, however, have become more wary
of inflation. On Friday, investors were spooked by the Reserve Bank of
India's move to increase its key lending rate to 5% and its borrowing
rate to 3.5%.

Uncertainty over possible financial aid for Greece also lingered,
hurting the euro. The U.S. dollar index /quotes/comstock/11j!i:dxy0
(DXY 80.75, +0.52, +0.65%) , which heavily weights the euro in a
basket of currencies versus the greenback, was recently up 0.6%. See
more in Currencies.

Indexes tracking higher-risk corners of the stock market fared worse
than the Dow and S&P. The Nasdaq Composite Index /quotes/comstock/10y!
i:comp (COMP 2,374, -16.87, -0.71%) was off 0.8%, while the Russell
2000 fell 1.2%.

Digits: Palm's Future in DoubtThe latest forecast and smart-phone
sales data from Palm is raising serious concerns about the company's
viability. Dow Jones Newswires' Roger Cheng joins Stacey Delo on
Digits to discuss. Plus, an unprecedented look at the finances behind
YouTube, the world's most successful video site, as well as the
growing number of vehicles offering a self-parking option.

The S&P's health-care sector was flat ahead of an expected weekend
vote on federal reforms.

"We've been significantly overweight in health care for many months
now with the expectation that when it passes -- good, bad or ugly --
that that certainty will allow the health-care stocks to breathe a
sigh of relief," said Harry Rady, chief executive and portfolio
manager of Rady Asset Management.

Among the sector's winners on Friday were UnitedHealth Group /quotes/
comstock/13*!unh/quotes/nls/unh (UNH 34.54, +0.15, +0.44%) and
WellPoint /quotes/comstock/13*!wlp/quotes/nls/wlp (WLP 65.19, +0.12,
+0.19%) , up more than 2% each. But Merck /quotes/comstock/13*!mrk/
quotes/nls/mrk (MRK 38.05, -0.01, -0.02%) slipped 1% after the Food
and Drug Administration warned about the increased risk of muscle
injury for patients taking an 80-milligram dose of its cholesterol
drug Zocor.

Among stocks to watch in other sectors, Boeing /quotes/comstock/13*!ba/
quotes/nls/ba (BA 71.34, +0.62, +0.87%) rose 0.9% after announcing
plans to increase production of its 777 and 747 aircraft earlier than
anticipated amid increasing demand. See more on Boeing.

Among stocks in focus, Palm /quotes/comstock/15*!palm/quotes/nls/palm
(PALM 4.02, +0.02, +0.44%) plunged 27%. The company reported a
narrower quarterly loss but warned of significantly lower revenue in
the current quarter amid disappointing sales of its latest
smartphones. Read more on Palm.

Trading volume was higher, with about 3.8 billion shares having
changed hands in New York Stock Exchange Composite volume recently,
compared with the recent full-day average of about 4.8 billion. The
increase came on so-called quadruple witching day, when contracts for
stock-index futures, stock-index options, stock options and single-
stock futures expire.

Treasury prices slipped. The 10-year note /quotes/comstock/31*!ust10y
(UST10Y 3.69, +0.01, +0.27%) fell 1/32 to yield 3.678%.

More Market Snapshot

March 18, 2010 U.S. stocks' uneven session extends Dow win streak
http://store.marketwatch.com/webapp/wcs/stores/servlet/PremiumNewsletters_CampaignTheTechnicalIndicator?dist=IYMLMSB1T
March 17, 2010 Dow win streak longest since August 2009
http://www.marketwatch.com/story/us-stocks-post-gains-in-early-trading-2010-03-17
March 16, 2010 U.S. stocks finish higher in cheering Fed
http://www.marketwatch.com/story/us-stocks-hold-near-flat-ahead-of-fed-2010-03-16
March 15, 2010 U.S. stocks make late-day rise, helped by Wal-Mart
http://www.marketwatch.com/story/us-stocks-mostly-lower-google-dips-wal-mart-up-2010-03-15
March 13, 2010 U.S. stock investors to use data as a road map
http://www.marketwatch.com/story/us-stock-investors-to-use-data-as-a-road-map-2010-03-13

http://www.marketwatch.com/story/us-stocks-open-higher-led-by-boeing-2010-03-19

...and I am Sid Harth

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