Goods and Services Tax"- A reform waiting to happen"

The recently concluded meeting of Empowered Committee of State Finance Ministers on Goods and Services Tax perhaps could only manage to agree to disagree on the major arguments of the State Finance Ministers, derailing yet again any consensus on the Constitution (115th Amendment) Bill 2011, better known as the GST Bill.

 

The major arguments, besides compensation on the loss of revenues of the States, which though have been budgeted under the central pool but ambiguous on the disbursement, were on the inclusion of certain commodities and the impediment formation of a federal outreach of the Bill and its impact on State revenues. The rise of regional affirmation politically also has had its bearing, led more by the trust deficit on Central policies than on the fiscal autonomy which are a must to tide over the much-needed tax harmonisation, adding to the core of desired financial reforms.

 

The ‘tax on tax’ regime which was curtailed by the implementation of simplified Value Added Tax in 2005, and which allowed for a credit for tax paid on inputs, stemmed the impact marginally. However, it continued to be plagued by the existence of multiple rates of taxes and State-led exemptions depending upon whether the State is production-based or consumption- based across the basket of product and service categories.

 

The major taxes, several of which still remain outside the purview of VAT, have a multiplicity of differences between the States, leading to an unbalanced trade gap. Despite the task force on GST of the 13th Finance Commission working out a revenue-neutral rate of 12 per cent (five per cent CGST and seven per cent SGST), assuming there was a single GST rate for tax to be at a uniform percentage for the final product regardless of the supply chain arrangements for both manufacturing and distribution, the intent to implement is a precursor contingent upon the States to continue to be incentivised and reimbursed on their loss in revenues.

 

With no further pensive direction on any option or recourse to be aligned on the borrowing limits as percentage of Gross State Domestic Product of the States, decided by the Union Government, together with tax to be levied, the slugfest continues.

 

This defeats any cogent argument which is essential to address these concerns. It’s no wonder that there has been no alignment contrary to the recommendations by the commission, including suggesting models of European Union, Canada and Australia on the duality of the taxation incidences framework which draws on exhaustive references on the treatment, inclusions, exclusions and for other major source of revenues for the States. Besides other earning categories for States, petroleum products and alcohols, which between them contribute to upwards of Rs 2,00,000 crore of the States’ revenues ,fiscal strengths have been a perpetual bone of contention.

 

The growing fiscal deficit and consumer price inflation, which touched 11.24 per cent recently, have implied that the essential commodities, agri-produce and finished consumer products are continuing to face severe pressures squarely on account of the supply chain costs. Deregulated fuel prices across States, impacting the overall operating margins, have led to a continuous struggle by entities to tweak either end of the spectrum to remain efficient and profitable.

 

These latent incidences together with volatility and unsynchronised taxes, are laid sequestered within the rising supply chain costs and collected at the final point of consumption — with the overall burden being shouldered by the consumer. A recent business survey underlined these factors where, besides policy reforms with increased penetration of capital infusions in form of direct investments (26 per cent), infrastructure support to boost economic growth with a targeted GDP growth of six per cent (19 per cent), supply chain concerns were cited as high as 18 per cent by the respondents in terms of challenges to conduct businesses in India.

 

The resultant impact is a perpetual shift of aligning a network configuration and distribution channels which are continually been in the war rooms of executives grappling with uncertainty, owing not only to the indirect taxes but lacunae in deployed infrastructure and volatility of deregulated fuel prices. These are presently creating a chasm in the rates of taxes and policies, which differ from State to State.

 

This invariability has built up costs into inflation, which is now breaching the turf of credit and economic policies and impacting inter-State trades and the Union’s capital pool deficit. Further focus is needed on a review of the existing constitutional arrangements, which may well require a substantial realignment. The dual GST framework requires affording both the Centre and the States to have concurrent indirect taxation powers, subject to prohibition on extra-territorial taxation, playing fiddle to the alternatives in the form of acceptability and resistant intent by the States.

Fiscal prudence, perhaps, should begin from addressing the basics of controlling the distribution cost as a premise to afford a strong foundation for reforms. Subsuming through the layers, a simple structure will boost investments, eliminate disparity in taxation of goods and services and lead to an efficient tax compliance network. Additionally, it will bring down the resultant impact of logistics cost as a percentage of the GDP, which remains much higher at 12 per cent — both direct and lateral, as hidden expenses, for India in comparison to developing economies.

 

The GST regime is the single most-needed reform which can perhaps achieve the desired results. It can come about with one stroke of policy formulation. Strong political will can put the GST in place and secure a ‘harmonised’ consensus for its implementation. Who takes this up, will be decided after the Lok Sabha election in 2014.

 

 

(Author is New Delhi based Policy Analyst)

Media and its polarization "agenda"

By Abhishek Joshi :

The Gödel’s two theorems in arithmetic logic provides for an interesting insight which relates more to its applicability with the Indian main stream media than the static reasoning of “incompleteness” which was originally put forward by him in 1931. Simply put it states that any effective theory capable of expressing axioms can never be both “consistent” and “complete” and that there are further infinitely many statements in the language of the theory that share the property of being true but non provable in the system.

The media of this country, with minor exceptions has simply chosen to create its own frame work of axioms which they make believe as true continuously brow beating it by virtue of the power of surrogate ethos without any concern for the half lies - half truth factors degrading to the ebb low of the biased media repertoire without knowing that it’s never consistent and shall never be complete.

The case in point is more reflective of the “agenda” which the media, specially the electronic media is setting for the country in run up to the general elections for 2014. The central theme is being rested on its only “natural number” of “polarization” in politics. The media could not have had a more opportune moment then the very recent announcement of the largest opposition party picking up its Prime Ministerial nominee providing more fodder to galvanize efforts for a string of series pushing an alleged populist debate down the throats of this country without any scant regard for the cleavage which was gaping wider and wider to the foundations of the societal fabric and rightful political discourse which perhaps could have been pregnant with a possibility.

The recent Muzaffarpur riots provided another set of diatribes raising the stink evidentially suppressing the news which led to the riots and the under prevailing conditions which were brewing in the back ground. Rather than presenting a view which perhaps should have assuaged the temperaments and the messages with sublimity covering the basics of the reporting, the panels were called in immediately on “Prime Time” with a judicious mix of spokesperson who are known for a set ideological verbatim regardless of whether seen addressing the “chowks” in cities or in impeccable glass face studios to present and pick the sides on the already set “agenda” by these media houses and each side loved to play to get the “face time” playing to the individual constituency.  Prominent speakers who every limitedly are called to participate when rise up to even question the intent of these sought of debates within the arguments, are either cut short or brushed aside or a direct question is being forwarded to another glibber who needs to add on his own dash of the chucking matching the anchors..!

This is a serious issue, since this is shaping up a mind set of set of communities and people, clearly vitiating an able discourse leaving many things unbalanced, never mind even claimed under the subterfuge of democratic principles and constitutional rights of freedom of speech which is becoming shriller day by day and by any virtue of constitutional qualification is clearly “unrestrained”.

Any TRP table for the month across for these channels draws a sinister picture of what adds more to the revenues of the channels and its economic dynamism of profits. A very Senior journalist, much known & respected for his genre of ethics recently reported in some IV part series on how the largest media house in the country has butchered the tradition of media, its reporting, ethos’s and has migrated long ago from the moorings and traditions of which few, including like him of the tribe are left to single handedly defend.  It would not need a sharp analytical mind to discern that “Agenda’s” are being decided in advance, supplemented with features and content around them, brought to debates with identified panellists and regardless of the outcomes of the debates are served with “editorial” takes as consensus of the panellists and ensured that controversial engagements are equally carried on the next.

The agenda’s are picked up from topics which are invariably around and have developed a pattern; Prominent political coverage which are unceasingly now restricted to top 2~3 parties, personalities within them, fissures which are being fought and the upcoming youth leaderships (of parentage), Crime reports – Purely around Sexual assault, clashes between communities, drugs & rave parties and student unrest, Sports – Prominent around only Cricket and IPL’s and its crony establishments and finally Cinema – Again restricted around gossips, fashion and revenue collection and most prominent and hilariously even “news editions “of TV sops are being presented in the entertainment sections.

The developmental reports are merely added as “features” once a week and better yet are “paid features” with corporate MNC giants who have nothing but proven to act with immunity and themselves carry a dubious and at times criminal accord and record of all aspects as fiduciaries, environmental degradation, human rights, governance policies and fundamental rights violations. It’s the commercialization of this media; the entrenchment of the corporate “ownerships” of these establishments and FII’s share holdings which are part of the strategic profiteering, which are the basic guided principle. Balanced opinions, unbiased reporting of facts and ethics are only for award functions, seminars and holier than thouchampagne and cocktail circuits.

It is this reporting, dubbed under “main stream media” patronage which in actuality is only limited to few cities and studio’s and hence mid wife’s options to pick the “big idea” for a “big fight” which must be served “tonight” to the nation syndrome which has sacrificed true stories of courage, innovation, societal positivity’s, achievement of individuals in sports or entrepreneurship, addressal of genuine public grievances & concerns and broader governance and polity issues which perhaps truly and indeed reflect the spirit of vibrant democratic foundation.

This is doubtless creating an alternative with proliferation in social media though now with a disturbing trend of consolidation of popular ideologies on the independent forum as well which perhaps equally shall turn tides in an event of a weak moment. Fortunately, it shall be a while until this happens since the intent and intensity will take a match to this insanity only in future and perhaps covering the wider sets of rules might be checked with equal ferocity and sane voices of arguments.

It’s simply put, a shame, that the” Self styled, Main stream media”, has snatched responsibility which actually lies within the political discourse, however its more than pity that the political parties have themselves seen this is an opportunity to let loose this menace in name of democratic freedom, gaining the “popularity context” for themselves as medium of “mass personality and propaganda” for individualistic and polity gain using it either sides.

The incompleteness is complete, since none is actually concerned with this nexus of political parties and media houses deriving their own “Radia theorems”, yet being debated with hush - ness which even belittles the deafness of silence believing the framework to be true and to be propagated.

It’s but the “original number”, the citizen who knows the logic would not hold for long specially for the run up when he takes the walk to the nearest ballot to exercise his “axiom” to seek, find the truth and to set up an agenda for himself and the nation in turn. Media or no Media.

Sub Dharti Gopal Ki..? – The Land Acquisition Conundrum

By: Abhishek Joshi

Perhaps this might be coming up from the ramparts of Red Fort in a week’s time. “With stroke of the midnight, when the world sleeps, India shall sleep too and when it wakes up would realize that all the land of farmers, regardless of single, multi crop or barren have been acquired by the Government, transferred to Institutional Investors and Corporate players and farmers for all are now left “independent” to contest their rightful claim for its compensation”. No Sir not the land only compensation.

Strangely, when the “Monsoon” (and not the Drought) session is in progress, the contentious Land Acquisition Act 1894, lapsed multiple times in the Parliament in its new avatar, the Land Acquisition (Amendment) Bill 2007 and Rehabilitation & Resettlement Bill 2007 is “again” scheduled to be taken up for discussion.

Very recently the farmers in Rewari, a descriptive town 65 Kms from Delhi NCR region erupted in revolt against a major DMIC (Delhi Mumbai Industrial Corridor) alignment passing through the multi-crop and one of the most fertile areas of Haryana. The contention, the state government despite promises to have an engaged discussion prior acquisition decided to send notices under Clause (4) of LA Act 1894 – with an intent to acquire under “preliminary notification” to all farmers within the alignment and immediately post the notification, decided to impose Clause (6) of the LA Act 1894 – a final declaration that land is required for public purpose. The process of “filing of objections” within scheduled 30 days of the preliminary notification was all but lost in coming to terms with the shock of the notice and the procedural aspects one needs to follow to lodge the objection with the concerned authority. The charge by the farmers, under the existing Act, the state Govt shall acquire land at prevailing notified circle rates, “develop” the land and sell it with a “premium” to the project developer pocketing profits.

 The objections were then decided to be filed over a pitched battle on Delhi – Jaipur, National Highway No. 8 and the Government immediately decided to agree for negotiations. Period.

 The trend of gobbling land parcels citing national interest as “public purpose” around the country has its roots in the “principle of eminent domain” a practice resulting in “compulsory purchase” / “compulsory resumption” which we has been enforced under the draconian shadow of “Land Acquisition Act 1894” adopted from colonial powers. This act was explicitly created to facilitate government acquisition of private land.

This act since then has been most vehemently opposed than any other, more specifically deployed with its brutality after the opening of the markets under the liberalization regime. The powers vested under this act with the government have been questioned repeatedly forcing absolute interpretations defining “public interest”. Under strictures from Hon Supreme Court and pressure from civic organizations, the principle act was amended by the government through Land Acquisition (Amendment) Bill 2007. The amendments include rights of those displaced by land acquisition limiting the definition to acquire land under public purpose. The bill is also supposed to establish Land Acquisition Compensation Disputes Settlement Authority (LACDSA) at State and National Levels to arbitrate any disputes. This to be read in conjunction with Rehabilitation and Resettlement Bill also introduced in 2007.

 A complete detailed analysis of the Land Acquisition Act (Amendment) Bill 2007 & Rehabilitation & Resettlement Bill (2007) could be found here by the author in a II part series in January, 2011

http://antyoday.blogspot.in/2011/01/crisis-in-our-backyard-jan-debo-jameen.html#!/2011/01/crisis-in-our-backyard-jan-debo-jameen.html

 Owing to these protests inside and outside of the Parliament, a standing committee under Ministry of Rural Development (Department of Land Resources) was formed under Smt. Sumitra Mahajan and its report was presented in Lok Sabha on 17^th May -2012. Some salient points which the committee deliberated were to inter alia recommend; 

a)      Deletion of provisions for acquiring land on behalf of Public Private Players and Private Companies by the authorities,

b)      Inclusion of definition of “Infrastructure Projects” under “public purpose” definition, which has hitherto provided to the state a sweeping discretion to acquire land citing “Infrastructure projects” and “consequent “urgency”  and deletion of Clause (3) (0) (5) in the LA (Amendment) Bill

c)       Shifting the onus of R&R as a state subject and allowing them to provide a provision for threshold,

d)      Not much change in 16 legislations exempted from the list including SEZ Act, NH Act, Railways Act et al

e)      Empowering Gram Sabha’s to be more inclusively involved in the process, and the most important of all;

f)       Suggesting replacing “minimum value” to “market value” and using different terms as in Clause (26) for initial estimation of market value and revised estimation of “market value” of the land.

This has been the contention ever since the LA (Amendment) Bill 2007 and R&R Bill 2007, to be read in conjunction, has been decided to be presented in the parliament. The farmers all across the country who have nothing but their land, given certainly a choice shall not succumb to subjective instances of “Public Purpose” to have their land acquired. However best now contest the rightful claim to compensation as “market value” to “minimum value” as earlier used to be decided “in the opinion of the Collector” under the 1894 Act.

 Ironically, this brings out a sensitive issue to fore. Farmers have all given hope to secure their land parcels, few have fought bravely and never conceded to the designs of the state machinery which has been severely bent to afford profitability to big land developers and corporate entities raking in profits unimaginable even to the farmer on the quantum of money which gets generated in the process. 

 The glib speaking, refer to these skirmishes as “anti development” activities comparing them with “naxali’s” when even the stark reality and differentiation is all but eluded to comprehend the situation of these distressed farmers. One uses this with a generalist temperament, actually with a social contempt, since each would like to look for suburbs to invest in a 2BHK property owing to the city rates going up, by fair and justified means depending solely upon one’s spending power and with a promises of no concern to worry, since a metro connectivity or expressways has been promised under the Master Plan linking it up in few years making it good investment opportunity with returns. None perhaps is aware of the sinister background.

This absence of  sensitivity prevails even for the pitch battles the “original” owners have to plough protecting, and now to reclaim through countless civil law suits waiting for judgments, fought sometimes over two generations to maintain the title of ownership of their lands, for some as the only means of livelihood.

Hence when it comes to “Public Purpose” it’s always the “Kisan” who needs to surrender for the largesse of the public good and never, ever this trip and theory of returns makes it back for him.

It’s quite surprising that the “aye’s have it, the “aye’s have it” on the floor of parliament goes up in less than 2 minutes when it comes to increase in compensation of our Hon’ble Members of Parliament – The “Lok Sevak’s” but when it comes to “Desh Sevaks” – the Kisans of the nation, it takes upwards of 5 years to lay bare the policy of compensation and rehabilitation for them to sustain themselves of the insult which is heaped with impunity citing national interests and Act and Clauses and repeated Public good.

Land is needed for development but “land” needs to be qualified, adequate safeguards needs to be defined, elaborate policies for rehabilitation and resettlement affording for long term sustenance or compensation should be outlined, the measures have to be decisively firm and addressal  of issues equally swift.

An Agri-surplus nation is now forced to face the severest drought this year, since the place from where this is being penned, used to be a multi-crop land, tilled by the farmer who on the developmental plank was forced to vacate for us to relish these “developmental” luxuries.

We used to play a small game on Janmashtami every year “ Hathi Ghoda Palki, Sub Dharti Gopal Ki”, perhaps some do even today but something which brings in cheer to countless of us, perhaps is a just sheer cry in desperation, frustration and abject disappointment and is a constant question looking squarely in our eyes on this conundrum..

“Hathi, Ghoda, Palki - yeh ab to hai bhaiya Sarkar Ki”

“Kya ab bhi hum kahen, yeh Sub Dharti hai Gopal Ki”..???

“Kabhi this that that - Kabhi that that this..”

By: Abhishek Joshi

Some catchy line sung by someone onscreen with whom I share the very common 1^st name but having worldly famous last name – Abhishek Bachchan in some flick released sometime ago. Crooning to his self glory, adding dash of his own stardom and tapping steering wheels when aired on FM, perhaps he leaves  the message much more sharply communicated on the state of this country & its nobler “civic” citizens, then the ever  verbose, articulate Karan Thapar’s or Arnab Goswami’s of the world attempt to do. A situation best described which has caught us unaware between the two horns of dilemma presented to us every day, which side of the battle do I pick to identify my own simpleton existence, bhai..??

Two horns or multiple bulls with two each stunted or sharp am not sure and this will be as confusing to me today as perhaps to someone who will be as brave to follow this till the end. From past 14 months or so the country has never been so active and in an agitation mode than perhaps could have been remembered by me. Off all the people I interact, the last they relate is to the period circa 1975-77 and are as stern or as agitated in their response as imagined. The only rebel reason for me personally is that I was born somewhere between and perhaps thankfully carry the gene of an event which forces me to sway my head whenever this philharmonic orchestra performs!

Citizens (more civic – than to be referred as people) are the “in thing” now. The issues of black money, corruption, money stashed abroad, string of scams, politico brouhaha, upcoming legislative fights, bills draft’s and their august committees, protest marches, candle light dinners replaced by candle light walk’s – rang the basanti factor, power to the youth, new revolution, 2^nd effort for freedom struggle, each district getting 110 Crores once money is back, No Confidence motion to topple the government, Save Democracy Front, Fight for reforms, Judicial activism, Convergence of social politico factors, National Human Rights Commissions, Anna Hazare Ji, Swami Ramdev Ji, Anna’s – Lokpal, Sibal’s – Lokpal (now completely Sibal’s Lokapal or whatever he might want to call him whilst he nurtures the kid to bravely fight corruption, once he grows up to be a super hero)...Power obsessed center, Opportune Opposition and more and more and more as issues – which we as citizens of this country need to understand, pick our sides, agitate, support and bring it up to its logical conclusion.

Issues are being propagated; support galvanized, protests and agitation’s planned with selective leaders emerging from these amorphous crowds yet with no direction and related understanding with the masses for which this all is being fought. The elite, educated are passionate – Twitter, Facebook, Mails – proving sides, debating, arguing, pestering but all sincere, trying to usher in the change which perhaps has been shy to visit us post Independence. But I beg to say, that by no means this seem to be touching the very chords of awareness as perhaps is wanted in this “change” and is not reflective to meet them in person even in their aspirations as the common Janata.

Aam admi..?? - No , well, quick witted female activist friends of mine do not acknowledge this term – is there an Aam aurat..?, they ask. This might be a gender slur, so Janata it is. I kneel.

So, the last person on the ladder to whom “pragati & vikas” has been served with regular doses of “ su-shashan” is all but ignorant about these collective efforts. For him it simply lies in promise and hope of a day better than lived. For few of us it changes the discussions in our living rooms, for him, it’s been all there, all the while, all the time and perhaps would never go away.

“Vyavastha Parivartan” (Alternative Governance or Alternative System) is not yet defined. Social dimensions stitched on the fabric of reforms, with Constitutional label & by the labour of political initiatives to be sold in the shop of democracy is what I have understood of this entire concept. Each of these dimensions is being worked by crusaders through the best of effort and merit. The only missing link is the “loom” on which this needs to be produced.

Kisan, Mazdoor, Migrant Labours (whom Swami Sahajanand Saraswati called as “Khet- Mazdoors) are all busy trying to fight for their own space accommodating themselves to the system than perhaps buried in having an intellectual intercourse on main media panels, select reforms committee which is busy defining the policies which effect them or affect them with developmental change for a bright future myopic eyed ‘ala” civic society members.

With upwards of 60% of the constituents belonging to this section – none has representation in this glamorized voice of dissent. None so far has seen their participation in any policy discussion, none represents them actually despite the tall claims with altruistic gusto, none chides with them, and none believes that they have a voice of reasoning and demands too. Since they are oblivious of these developments they are assumed in this formation, after all it’s a fight to finish for them – “Can we even do it without your (Janata’s) support”…??

This is an assumption which will cost us as a nation very dearly.  All they are seen as crowds. Prop up their imagination, get them connected to an emotional appeal, make them worthy of a big cause – never mind if one’s own understanding remains as shallow, curse, replace and bring an upheaval. Far as basic fundamental obligations are concerned – Oh that’s for the government, give us our rights or give it to our way. Fight for equitable harmony and leave the “cause and conflict” for others.

Hopeless, perhaps not. Message, absolutely yes.

The agitative rebellion of the masses is closer than we think, as on our side mirrors. Its more louder than the deafness its fights and its simmering, coming to a boil sometime in not so distant future and this voice will pick and choose its leader, the actors who benefit them the most, the players who would indeed turn the annals of history and repeat a success of what this country needs and it shall hunt, fend and secure as its own.

Repeat of 1975 ~ 77..? My assessment - Clearly No - It’s the Nationalist Renaissance of 1907 ~1910, which shall come to the fore claiming with its strong arms in time the just as its own, finding its own “Lal, Bal & Pal”.

 “..and…...perhaps the last line of the song is more befitting tribute to those who intend to continually play and believe in these “shouting cacophony of causes” by Shri Abhishek Bachchan..

 “ apki seva main, janhit main jaari”.

Tittle Credit Acknowledgement : Movie - Dum Maro Dum

Bangladeshi Infiltration & “Ahomiya” Issues

By: Abhishek Joshi :

(Full text of the speech made by the author on Assam Hindu’s and Bangladeshi Infiltration Issue at Jantar Mantar, New Delhi on 29^th July)

The Prime Minister post his visit to Assam recently mentioned the ethnic riots as a blot on the nation. One is severely compelled to ask him on what made him make this statement passing on the buck of his personal follies and that of his Congress party which has ruled successively  both in Center and the State since decades, on this ethnic incident in Assam. Why should I as a citizen or the commoner across the country, carry the albatross round his neck on behalf of the Congress and the PM..?

Is it not true that despite the Intelligence Inputs the State machinery veiled this threat, did sheer nothing since the alleged minority community and the vote bank equations, which has seen the Congress in power almost unchallenged since 1971 in Assam would disturb the precarious equilibrium. Is it not true that what we have witnessed in this country since past a week is a direct derivative of the policy of appeasement perpetually encouraging to make hay while the sun shines, gaping wide on the favoring policies towards the minorities. Is it not true that it was the Congress government which lead to the formation of laws which benefitted the illegal migration in hordes since 1971 and further was a begetter as a trade off of vote bank politics to sustain many a political careers, including of our PM having nominated from Assam into Rajya Sabha. Is it also not true that any country with the nature of this incident would have declared this as a national calamity with an estimated 400,000 people forced to live in in-human conditions in relief camps where there were no attempts for statement on this issue coming forth from either the newly elect President, PM himself, Home Minister P.Chidambram, State Chief Minister and most importantly from the ever elusive on national issues and cleverly opportunist, Chairperson of UPA, Smt. Sonia Gandhi.

Well, it’s Congress and when they do chose to speak, it’s a blot for everyone, least of theirs to share.

One needs to look back upon history to fully comprehend the reasons why this simmering situation since decades unfolded itself. Following from the policy of “Lebensraum” of Nazi’s, “Brihad Bangaldesh” it has always been a dream of the Islamic fundamentalists which consider all areas of Assam, Tripura, West Bengal and few areas in Bihar as their natural territory. This policy was aggressively deployed post 1971 creation of Bangladesh resulting in encouraging to “push” the Bangladeshi’s into Indian territory. This they expected gradually over time would alter the demographic profile of the state resulting in making it easier for any future dismemberment of the region, merging into Bangladesh when adequate “majority” would have reached. Pakistan is and always has been more than willing to fund these activities.

The second, straw aiding this illegal migrant population was post the Assam accord signed by Rajiv Gandhi in 1983 through the (IMDT) Illegal Migration (Detection by Tribunals) Act 1983. The IMDT act was a “special provision” extended only to the state of Assam to allegedly contain the illegal migration. We have witnessed the state of comparable affairs under Article 370 for J&K, again under special provisions. The rest of country was to follow Foreigners Act 1946 but not Assam. The act mandated that the “Onus Probandi” (Onus of Proof) was on the complainant should he finds an illegal Bangladeshi and had to make efforts to register complaint by paying a fee of 25 Rs to the nearest tribunal set for this purpose. The Foreigners Act 1946 mandates the opposite where the “Onus” was on the identified alien for him to prove that he is a domiciled resident and should he be not, to be deported back to his native country by the agencies by 1^st available mode. This clever maneuvering of laws favored Illegal Bangladeshi’s since the complainant had to collect all the details of illegality, wait for the tribunal proceedings and on the calling day all simply the Illegal immigrant had to do was to produce the ration card and go scot free under IMDT act.

This laid the foundation of abetting the Illegal Bangladeshi Migration ever since so much as impacting the demographic profile of the State of Assam. The impact is thus from 7% of minority community in districts bordering Bangladesh in 1983, the numbers have exponentially increased to 33% in 2000, resulting in an absolute change in the entire state population census. From 7 districts in 70’s, the minority communities of Bangladeshi Illegal Immigrants are comparatively now decisive in more than 40 Vidhan sabha Constituencies, from a total of 126 and in absolute majority in estimated 27 of them. Under the IMDT act 310,760 cases were identified, 10,761 made it to the tribunal and 1,481 were deported from Assam in comparison to W.Bengal which deported 470,000 illegal immigrants since 1983 to 2000 under the Foreigners Act 1946.

This act was challenged in 2005 and in one of the historic judgments delivered by a Hon’ble Supreme Court  bench of Justice Lahoti, Mathur and Balasubramaniyan, quashed the IMDT act as “ultra vires” and hence unconstitutional. The bench came down heavily on the central government on the issue of Bangladeshi migrants and in strong words rebuked the Central Government for failing to contain the issue.

This followed further in another judgment of Guwahati High Court as recent as 2008, where a Pakistani national was found illegally in Assam, conveniently also contested the 1996 State assembly elections and was detained claiming to be an Indian citizen with forged documents. The High Court again came more heavily on the then Congress government mentioning that “these illegal immigrants have come to alter the demographic profile of the state impacting its culture, language and script, seemingly turning now to be the “kingmakers” exploiting our flawed system. Sri Prakash Jaiswal on floor of Rajya Sabha in July 2004 – UPA I had made a statement that as per last collected census there were 1.26 Crores Illegal Bangladeshi living in 17 States and UT’s in the country, the count until December 2000. Under pressure from Minority vote bank clusters in Assam, none other than the Prime Minister himself, dismissed these numbers as mere hear say..!

The menace has over grown into the system ever since. By even a paperback envelope calculation there are roughly around 5 Crores Illegal Bangladeshi living in our country now penetrated almost equally in all states and UT’s. A Congress followed policy which has seen the ethnic Ahomiya Bodo community struggling to survive for its limited sustenance of land, natural resources, habitat, culture, script and its nationalistic temperament confronting the Illegal Bangaldeshi’s.

Just two days back the Cabinet also cleared the Land Border Agreement Proposal in its meeting. The LBA dubbed as a bilateral achievement to appease Bangladesh agrees to settle the border disputes over flexing boundaries by agreeing to a “status quo”, evidentially to accept “officially” the change in ghetto’s of these illegal migrants bringing them into our country and strategically acceding request of all claims of Bangladesh. Effort is now to seek support of all opposition parties; especially BJP to ensure this provision is embedded into the same act through a constitutional amendment.

Mere symbolic protest perhaps would not let heed the government to dissuade itself from its sinister designs of aiding and abetting the influx of illegal migrants, a practice which it has continued with impunity since forever and certainly more needs to be done to ensure the present government is answerable to the nation for its follies. The need of the hour is to open up dialogues with all nationalistic organizations across the country, especially in Assam working on this issue, bring up the public awareness on the menace of Illegal Bangladeshi migrants pillaging our resources, infrastructure, employments and most importantly our ethnic identity as a nation and build up a movement with firm focus to not to have repeat of these incidents for future, more ever than now proactively.

If not, let’s not complain and heartily share the “blot” of this ghastly incident of ethnic cleansing as a citizen of this country, offered so very graciously by our very own Hon’ble Prime Minister.

Arguendo Series : “No more Swiss Chocolates”

By Abhishek Joshi :

"The existing DTAA signed between Swiss and Indian authorities is a farce and non committal to get the Illicit wealth back, specially in light of recent Credit Suisse verdict argues the author, Abhishek Joshi. Read on...

Great Swiss man, Henry Dunant and his own founded, now epitomized International Red Cross also could not potentially come to the rescue of Uncle Sam following homeland policies in International court room when it was made to skip its own heart beat.

The snub was an outcome of a recent federal administrative court verdict on 12th April 2012, filed on back of an appeal by Credit Suisse client citing that a 1996 Tax treaty between United States and Switzerland does not allow the US Internal Revenue Services (IRS) to request the account details of potential tax evaders without clear evidence of fraudulent intent. Drawing exhaustively on a distinction between “Tax Fraud” and “Tax Evasion”, the federal court turned back the argument of appellant on its head mentioning, “Having failed to declare Swiss bank account does not provide sufficient ground to receive the data from Swiss Tax Administration”. The court further added to the criticism in the judgment that the premise of the request factored subjectivity of mere suspicion and were not based on specific evidence and failure to bring them on record with names of suspected and potential evaders identified by IRS, also donot qualify for any administrative assistance to be granted regardless of the high amount involved.

The brunt has been severe for US since it has paid heavily for not having yetratified the DTA agreement of 2009 with Swiss Federal tax authorities which is pending passage in the senate. The new amendment with its in built provisions would have minimum allowed to circumvent the  provisions of conduct and fraud as long as alternative form of identification would have been supplied, negating the need of specific names or personal details under the new DTA Convention between United States and Swiss Authorities. The DTA convention hinges on Swiss authorities having clearly differentiated between Tax Fraud –which is Illegal to Tax Evasion – which is not, under Swiss Tax laws.

Eleven Swiss banks including Credit Suisse, UBS and Julius Baer have been under investigation by United States‘s IRS and Federal agencies. US had some initial success in arm twisting UBS AG in 2009, when to avoid prosecution, it admitted that it had fostered solicited assistance to its customers for tax evasion and paid a hefty penalty of USD 780 Mn and also released information of more than 250 accounts. The second tranche of more than 4,500 American account holders were also released subsequently to US- IRS and other agencies.

The deal between UBS and IRS agencies was later suspended by Swiss Federal court in a separate judgment in 2009 which through indicted the “conduct” of UBS employees (similar to the “subjectivity of Credit Suisse employees of suspected behavior pattern amounting to tax fraud and the like, but not extended to the client”) soliciting tax evasion as a generic practice was short challenged over the “banking secrecy laws” under Swiss Federal Laws, which forced the Swiss government to approach the parliament passing an assistance to request motion in February 2010 to avoid any future legal wrangles with US on concomitant deals. This resulted in acceding to request of United States IRS’s agencies to approach Swiss Banks requesting information on suspected tax evasion cases.

The Credit Suisse client had appealed this decision of Bern, which has no further admissibility beyond Federal Administrative Court or could be challenged in Swiss Supreme Court. The inconsistency of “Principle of proportionality” laid the final closure on assistance since under Swiss laws, where a client data may be handed over as part of an administrative assistance procedure at Federal level and not directly by the bank. The present ruling is also critical of Swiss Federal Council who had cleared the request motion in parliament supporting United States requests.

The judgment though part of integral political situations between United States and Swiss Federal Council could perhaps succumb to the sustained pressure being built up by US in subsequent release of names in coming few months however the Indian story needs to be more than sufficiently bolstered in light of the recent federal court judgment. The new “amended” bilateral Double Taxation Avoidance Agreement (DTAA), tax treaty signed between Swiss and Indian authorities on October 7th 2010 does not even inch close to what the “amendment”, brandished as an achievement by ruling incumbent government was set to achieve. In comparison to the US treaty which has been steam rolled into Swiss case laws accepting prior information, under“retrospective basis” subjecting to certain clauses, the Indian tax treaty limitsitself to “prospective applicability” beginning January 2011. This takes away the “fraudulent intent” which otherwise would have offered scope to restitute illicit wealth and further applicability of domiciled criminal laws of both countries.

The newly “amended” DTAA agreement, signed originally in 1994 by India though having the reciprocity of information embedded in the treaty even earlier, a careful scrutiny brings out the “amended merits” through the new inclusions.Specific of interest is Article 26 – Exchange of Information. Article 26 continues to leverage the initial understanding between both countries for exchange of information, however the amended increases the scope subjectivity“through liberal means”. The information so sought however is “assumed” to be an extensions of enforcement of Indian tax laws, which anyways only defines“tax evasion” as a criminal offence partly under Section 276(c), Income Tax Act (1961) which further has its eminence from old revenue principle of aggregated revenue deemed to be due, and its failure to be paid if demanded on notification.

The “Protocol”of Exchange of Information Article 26 Section (10) (a)(b)(c)(d)(e)(f) speaks “liberally”about the measures to be undertaken. Among the few provisions, “The requesting state should have exhausted all options under domestic laws prior making to obtain request for information including not making it binding to commit on contracting state to exchange information on an automatic or spontaneous basis”.

The enforcement limits only to cases of “tax evasion” which is not a criminal offence in Switzerland, and can best compel the Swiss authorities to obtain information, legally permissible as per local case laws regardless held by a financial institution, a bank or in fiduciary capacity. The treaty further shall have to meet the inherent “Principle of proportionality” and Federal banking case laws of Switzerland, differentiating between Tax Fraud and Evasion and will need to clearly document underlying request with complete details of information available, evidence on record of evasion (not fraud – that’s not even touched) and most importantly identifying the name of the person under investigation by Indian authorities under the Protocol provisions. Rhetoric’s around amended, liberal, new DTAA, bilateral strengthening of relationship between countries notwithstanding.

No wonder that the Federal Council which had rushed with the US requests to have a passage inserted into a state motion and continues to bilaterally remain engaged with US authorities, Indian Swiss treaty was quickly ratified by Swiss parliament, post mandatory 100 days waiting period in 2011.

This one non negotiated clause has let the evaders go scot free on all previous cases of criminal and fraudulent misconduct, bearing the fact that even “prospective applicability” erodes the nearer chances of seeking any information from Swiss authorities, prior pre assured for present or for future. The treaty continues to rest in peace on papers with our own illicit bulge remains tied to our waist forever. Never mind the temptation, someonejust told us, sternly “no more Swiss chocolates”.

Crisis in our backyard : Emergence of new social world order ?

By Abhishek Joshi :

Let’s keep this simple for a reading mind. Gordon Gekko euphemized it in 1980’s in the famous movie, Wall Street “Greed for lack of a better word, is good”. The gospel which over rode every fundamental ethical business principle for practitioners and the new generation with wide eyed bated dreams to join them someday, took over the ambitions scaling them beyond the idealistic propounded theories of capital. The spoof on corporate, as perhaps it was a mirror of aspiring conditions prevalent, were in know of this all the time.  The slumber ever to be broken, an unwritten law and game of engagement where the winner claims all leaving no consolation for the one’s following them in competition. Greed indeed has never been so good.

Adbusters Media Foundation, a not for profit entity based in Vancouver Canada, founded by Kalle Lasn and Bill Schmalz in 1989 with a few band of pranksters and absorbed convoluted ideology of pitting socialism against accumulation of capital, aka anti capitalism and its by product, consumerism, begin their movement against rich corporate media institutions through “Media Carta”. They challenged the hegemony of these corporate media institutions by not providing a free access on information and mediums of communications. Through a law suit, they took on almost single handedly the Big 6 of Canadian broadcasting corporations.  They partially won their point following years but their share of glory was to come in year 2011 and some few hundred miles away in geography but within the same conducive business turf. Moving from the back yard of Canada to the front lawn of United States of America “busting” more than the myths they had imagined they would and igniting more corporations on a debate, which the bosses and barons, had conveniently scuttled under the billion dollars dividends paid to the institutional investors and shareholders and the governments in process.

The Central business district of New York known for grandiose offices and head quarters of almost all of the major financial & security market behemoths and the coliseum where these gladiators slug fest to get the bounty, New York Stock Exchange, NASDAQ and NY Mercantile Exchange are all located on a eight block long street, called the Wall Street, a metonym of principle US financial interests, the term which has ever influenced the security exchanges the world over. Zuccoti Park, a private property in this financial district is where the Adbusters emerged and further chose to hold their historic protest, to “Occupy wall street”.

September 17^th, the several hundred protestors emerged with intent to picket the street against the growing share of social and economic inequality which has plagued the US economy for years. Protesting against the harrowing class divide of under subsistence and more than over disposal by  select large corporations driven by corporate greed, unethical accumulation of profits through control of policy institutions, financial markets and influence of this generated capital over the government representatives, as “we are the 99%” calling out for the difference in wealth as against 1% of the top corporations and other citizens of the United States. This ongoing protest has ever then spread across to some 70 major cities and 600 communities in the US alone, with almost 100,000 protestors rallying around on October 15^th on  Wall Street  and yet continues to reverberate across some 900 cities worldwide including Spain, UK, Japan, all major countries in Europe and parts of Australia and South East Asia.

An unprecedented and unimaginative event coming from the nerve center of the largest consumerist society of the world, a renewed social anthropologist of a reputed Indian University commented, when the first innocuous news of protests broke out in September. He added that this perhaps might bear seed to an emerging new social order the world could have ever witnessed since the “Great depression” of 1930’s” and simply cannot be ignored as an internal state problem of the US. Prophetic words indeed.

As the protest gathers steam, whilst one reads, we need not to spend efforts to understand the root of the issue which vents itself in frustration on the streets. The glazed melting pot of civilization has been developing chinks for a longtime however was more evidentially seen in the autumn of 2007, especially after the subprime crisis.  The housing bubble precipitated the crisis to an all out free fall of financial corporations as worldwide phenomena and the smaller nations with over exposure in these economies begun to catch cold with their first sneeze. In US alone between the June of 2007 and November 2008 the Americans lost a quarter of their net worth in US securities and other instruments.  With consumption pattern of 110% over long years on over all income and no recourse other than to depend on an impetus by the US government, the long haul of recovery was fraught with challenges. Coupled with an added responsibility to bail out near bankrupt companies to avoid a near financial meltdown of and collapse of the economy, a plan was brokered by the Treasury department and the 3 largest US banks, Citibank, Bank of America decide to plough back beyond US $ 100 billion to avoid a complete wash out of the markets. Not restricted to US, the world economies got together and the precipice of this entire initiative was to save the large corporations without having a stimulus plan in place to augment social security measures including health, pensions and retirement, reviving domestic jobs opportunities for bringing the focus back on home economy.

What accentuates the matters most is the historic background of these large corporations which have been a regular beneficiary of government dole outs, regained their million dollar bonuses to their executives, where the job unemployment rate numbers on a general average basis kept on steadily increasing. The overall cut on tax expenditures linked and no signs of recovery the general wages across employment sector saw complete erosion with dwindling hours per week. This added with further announcements of cut down of workforce and large sackout announcements to cover up for losses and exposure.

The presidential campaign of 1932 run by Franklin Delano Roosevelt was run against the backdrop of a global recession on a platform of brining the attention back on “the forgotten man at the bottom of the economic pyramid”, situations similar though not yet matching with its severity.

These protests are also similar in background with over 9% unemployment rate, high raise in overall consumer prices and an equally high GDP ratio of 400% across all western world economies, the artificial inseminated economic bail outs have miserably failed and the intent of the governments and have come under serious questioning to have sustained it artificially ever since. The people are rallying around asserting what they think has been a rip off by governments in cahoots with the corporate greedy corporations, protecting their interest first rather than of the citizens. This has lead closer to the class struggle between the more than have’s to less than have not’s - 99% versus the 1%.

As the protests have taken global proportions uniting the suffered against what they think is a government sponsored tyranny and continues, the voices remain ever shrill on social inequality, taxing the rich and bridging the income divide across nations. The world’s democratic institutions have a formidable challenge to make amends now or to lay on the sides to witness a new emerging economic world order of socially pregnant capitalist ideology, an idealist center of equilibrium.


Will it, only the future might hold the key to this question.

Essay : Need for a Nationalist Renaissance - Pro-Bharat, Pro-Poor Ideology Series (Part III)

By Abhishek Joshi: (contd. from last post)

What do we mean by Pro-Poor:

When we refer to our Pro-Poor ideology the first aspect which strikes our thoughts is to collectively seek favourable responses from our policies of governance to ensure that the bottom most person in the social hierarchy and his basic needs of rightful living, food, water, shelter, medicine, education and livelihood for being met at the first instance itself. The system needs could afford to go conservative; perhaps for a while as progressively it moves up the ladder however the course correction needs to be respectful at its origin itself.

 

We are aware today that unfortunately, we continue to follow the “trickle down theory” of governance, where only when it rains heavily, the top most gets drenched first in the shower of benefits with the last person obligated to get rightful few drops for sustenance and rest for him to secure all by himself. The pro-capitalist and new school of thought as socio-capitalist political formations are the one’s who decide on every aspect of this shower as well. How much of it, when, where and who gets the right of it in. Unfortunately, naming one group of association or political alliance for this misgiving would leave the others to achieve there liberty but it remains quite true and sadly, that each one of them has participated in this uncouth dancing ring of nominations of richness with impunity. It’s a hard known fact that rules of engagement of democratic participation itself have been heavily muddled with candidates having criminal track records, supported either fully or partially by stashed black money and economical offences perpetrated on state itself, which now they lay their claim to rule.

These segment of people are so deeply entrenched in this system that from a minority few immediately after independence who used to work underground for fear of social denouncement are now freely as majority, even with pride in few cases are openly supporting this process with nefarious motive of extending their ambitions of insatiate desire of greed. It is a known fact that Bharat leads the list of nations on illegal money stashed away in tax heavens and Swiss Banks. Dishonest industrialists, scandalous politicians, civil servants and officers, film artistes, illegal sex trade operators, to name just a few, have deposited in foreign banks in their illegal personal accounts a sum of about $ +500 billion, which have been misappropriated by them. This amount is about 13 times larger than the country's foreign debt. With this amount 250 Mn poor people can get Rs 1, 00,000 each.

This huge amount has been appropriated from there own people on pretence of effective rule of governance by exploiting and betraying them. If this huge amount of black money and property comes back to India, the entire foreign debt can be repaid in 24 hours. After paying the entire foreign debt, we will have surplus amount, almost 12 times larger than the foreign debt, leaving one wonder and aghast with its sheer magnanimity. If this surplus amount is invested in earning interest, the amount of interest will be more than the annual budget of the Central government and assuming all taxes thereon are abolished, the Central government will still be able to maintain the more than basic upkeep of its citizens.

This amount is also more than the combined of the other top four nations at 1.4 Trillion US$. Resultantly, these ill-gotten wealth hoarders to protect their social legitimacy continue to sponsor and lubricate this system with this money as favours and reaping a bountiful harvest in return, churning this cycle over and over again. Naturally, if this money is going to be deciding the policies for betterment of its people and masses, it would have a major share of this money solely to be kept to ensure this cycle remains intact, maintained and forcefully in their own desired direction. This has created a social imbalance such large that people, who are rich, continue to add up this wealth to themselves and people who any which ways were deprived in the first instance are being pushed more and more deep into this bottomless pit of poverty. Already we are being witnessed of various social anomalies and situations where one can only think and ponder the rotten environment around us with empathy.

The government has at best acknowledge this fact as latest as under Arjun Sen Gupta Commission report, which blares its throat out on the system deficiency, its vagaries of implementation and the end result – which if anything as sad, is bitterly laced with mistrust of its own people, their will if anything again but dishonest and execution capability, if all remotely plausible.

To speak of Pro-Poor pursuits it certainly is most important to bear in mind, first and foremost task of equipping them with their constitutional right of “basic fundamentals” and adding further their “equal” right of non poverty. Presently, the statistics of poverty are more conspicuous by there absence, an expression, which sadly is even short of covering this statement. What we have instead is the Gross domestic Consumption, Investment index of statistic, which as apparent as they would are skewed more towards encouraging this divide to widen at with capitalist fervour. Sadly, both the government and the ‘their’ people who vehemently avoid looking at the former are contented with Share Price sensex, attracting FDI’s in various fields and production and consumption factor of the country, as latter. It bitterly, as mentioned above hide more than it reveals yet everyone seems to be calling this as score card of relative success at expense of the common man, for whom this foundation of progress is being laid. This corrobates its match with celebrations by the government of “India" announcing to have arrived when the annual Forbes declares the number of its billionaires from the country, gracing its list, pushing more an more “with” same number of decimals of this wealth replacing the actual number of people “with” it who are constantly being pushed down into abject poverty yet covering the same ground of existence of this country.

The difference between the per capita income of the wealthiest citizen of the country and the lowest on the social ladder is pitiable with almost 90 times its size of earnings. This entire constitutional machinery, including parties, both ruling and opposition have become so hard necked in their pursuit of serving their “true” masters with contemptuous wealth-ism that the appalling condition of poverty are simply ignored or at best not even acknowledged being present, to deprive the only sustenance of their voice being heard at above. This makes them continue to work against the dignified right of their living versus what essentially should have been made “for” them.

This when the central planned allocation for anti-poverty programmes have seen a 15 fold increase in last 15 years from 7,500 Crs in 1993-94 to well over 120,000 Crs in 2008-09, this in addition to 70,000 Crs of farmer loan waivers, simply having no inter relation between outlay and outcomes. The situation gets accentuated more when we look at the sheer statistics of this greatest deprivation of rightful fundamentals that people in rural habitations, the villages where people have seen there income rise from Rs. 8 per day to Rs.9 per day, the thin economic “plimsoll line” widening the gap of beneficiaries from BPL (Below the poverty line) to Non – BPL entity after all these outlays in last upwards of dozen years. This interplay of deprivation as perhaps was waiting for even this partition to lay claim on the frugal benefit of governance. Alarming as it is, states corresponding to their efforts have none to appease but themselves by shamefully printing reports and organizing poverty shows to International aid doling agencies and countries to get grants. Situation likes these, where in states like Jharkhand & Madhya Pradesh with significant tribal population, 99.8 percent of there families are not able to cover one basic meal in any given month of the year. This when the state antagonism being proponent of rampant “world-bankism, grant-ism, accumula-ism with single denominator of capitalism has produced not less than 25000 people who simply have any number between Rs 7 Mn to 10 Mn, as Vehicles, all their way from portico to their garage, as simply a spoilt choice over mode of commute.

Also, this system has offspring’s in form of people, almost upwards of 1 Mn who simply have matching accessories to compliment their attire with 0.25 Mn to anywhere upwards of 2.5 Mn each. The level of socio-economic balance is so heavily skewed that even employment opportunities are controlled by just 20 percent of the people over the remaining rest, whereas the remaining below just earning 3.6 percent of their remuneration over this spread wealth and richness, ironically. These situations, to analyse have not been a result of manifesting themselves in a day.

These have had some signs of it even in pre- independence era however since the right of self rule as an independent nation was any ways deprived, it was hoped that these corrections would happen by themselves progressively with right earnest and policy changes geared towards betterment of and towards the people. Policies which were foreign would be dumped and nationalistic policies, allowing the expression of diverting these towards uplifting the masses over years of tyranny and eventually would disappear.

The seeds of hope were being carried to bear fruit of freedom, yet we just run out of expressions to condone where we find ourselves today. A lot of these expressions needs be made the foundation of this change to happen today with nationalism, patriotism and care of our people without expecting any favours in turns by these aggressors of capitalist formations. These anomalies are to be corrected, since without these we can not but dream of an egalitarian society and achieve its socio-ecological equilibrium.

To achieve the objective of a Pro-Poor system, which adopts and not discards the approach towards this balance, we foremost need to do away with the per capita formation pay anomaly brining it as close to be possible to be not more than 10 percent of it, between as high as the President of the nation, to the lowest citizen of the country. It would also be expected of all to agree on this approach by owing and endorsements by all political parties and its representatives to have their remuneration adjusted to the lowest denominator of this system. To ensure collectively this just does not remains thematic at best, progressive steps would be needed to create sufficient employment opportunities for this spectrum to ensure the system self corrects and sustains on its core, running efficiently without misbalancing itself.

To work towards a Pro-Poor nationalistic thought we would need to ensure that the basic tenants of rightful living and livelihood are duly protected. This would entail, everyone rightfully employed to his skill and all the people in the system have gainful right to food. Immense hunger, starvation deaths and under nourishment especially amongst the children due to non availability of rightful means to sustainable livelihood have created this wide imbalance where more than 260 Mn people go hungry everyday or having no course of even at best assuming the next meal availability. This abject condition to not been able to protect their families have had the most impact on the families of bread earners with children facing the most ghastly of the brunt in early years, some not even crossing the age of early childhood as a result.

Some 46% of the nation’s children relate to these facts and its immensely disturbing when development is being sponsored and proponents of it are seen singing paeans of globalized development. Gross malnutrition even reported now and children being sold of for want of money or at worst, for just few kilograms of rice or wheat is not something this illustrious nation feels proud off and should not as well.

To ensure eradication of poverty and its syndrome these “enforced” rights if needed should also cover the right to shelter, medicine, and education without any difference to their class, caste or creed. A composite nutritious meal is also right of every citizen and it should be addressed. In every meal, half litres of milk, half kilogram of wheat / rice, half kilogram of fruits and vegetables completing it. To ensure the right to good health and availability of quality health facilities we need to ensure that access to these rights are not complicated and the outreach is effectively planned. Around 27% of our population yet does not have approach to these facilities either being not present or ill staffed equally from resources or infrastructural reasons. Not having any medical access incase of exigencies is the depriving the basic right to life and this would have to be equally implemented in conjunction with others as utmost priority.

We should ensure that these instances are addressed with policies favouring them as “fundamental rights” as part of constitution and further see to it that stand executed as well to its fullest word. Necessary reforms would need to be carried out if the policies are found (which they are amongst a lot) wanting in these respects or want of infrastructural lacunas.

The entire might of nation needs then to be put behind to attain the objective of ensuring these basic fundamentals are foremost addressed over others as priorities and then only in our truest sense we would be able to achieve a state of equilibrium amongst ourselves, only then we can collectively call ourselves as following the ideology of the Pro-Poor Nation. To collectively now assimilate this Pro-Bharat, Pro-Poor ideology and find scientific deployment of these to develop our temperament for our above Nationalistic pursuits we need to definite the impact of these on our policies across various sectors.

 

Concluded.

Essay : Need for a Nationalist Renaissance - Pro-Bharat, Pro-Poor Ideology Series (Part II)

By Abhishek Joshi: (contd. from last post)

What do we mean by Pro-Bharat:

Our heritage, culture, geographical, temperament and ecology are different and this can not be adopted on the basis of what’s good for other would be good for us methodology. Nation breeds and sustains on its own core and accordingly this needs to be understood to approach with collective faith in our own temperament. If we progress on follies of others we would not make a step difference on where we as a nation would like to progress today.

The consciousness imbibed in our philosophy of sanatan dharma and complete faith in its tenants helped us to blow away the shackles of boundness making us as an independent nation. This has inspired and been subscribed since countless ages by great nationalist, as early by Chatrapati Shivaji, Swami Vivekananda to  Mahatma Gandhi, Subhash Chandra Bose, Sri Aurobindo, Mahamana, Kesavram Baliram Hedgawar to others. We have blind folded in our approach have looked down upon these tenants which we need to revisit now, reawaken to its fullest form to form the collective nationalism and form our Pro-Bharat ideology.

As Mahatma Gandhi said, “by political independence, I do not mean an imitation to the British house of commons, or the soviet rule of Russia, or the fascist rule of Italy or the Nazi rule of Germany. They have system suited to their own genius. We must have ours suited to ours”  

This nationalism would be collectively referred to the collective expressions of social and political thought, based on native spiritual and cultural traditions of Bharat. Further the native temperament and its ecology needs to built up around to understand the inclusiveness of nationalism. Affording to act global but ignoring the local terrain temperament is and would further be disastrous to sustenance of nation hood. A Pro-Bharat thought would include factors as  would be necessarily to have vision for nationalistic pursuits, understanding of these pursuits, moving them beyond isolation, improvise and develop a eco-system of these be able to collectively execute of these in form of actions within the society. This needs to be understood and seen differently not by us by others as well.

A Pro-Bharat approach hence thus would be derived from the cultural GDP and not from an economical GDP perspective as seen and measured globally. These actions should not be seen as parts standing on themselves alone but as sum of parts as a whole for progressive national upheaval. A delicate balance needs to be maintained between socio-economical and cultural factors to achieve a state of constant development which further would restrain any skewed development. This eco-system would out rightly reject what does not adapt to itself and similarly would absorb what remains beneficial under this model.

This system dependent on our ancient variables of the “Panch J” philosophy of Jan, Jal, Jungle, Jameen, Janwar, synchronising this with philosophies of what’s good for this eco-system and what allows it to regain its intricate balance would allow the Pro-Bharat actions to emerge. In Bharat’s context this would mean, has the soil retained its richness with fertility, has the water level risen on its own, have we created self sustaining model of agrarian development, industries which compliment these developments than take away what already or have we demonstrated the regard for natural resources for its usability and not exploited them fully as examples. Without these, it would best create an illusion of our pedigree driven on compromises forever.

All the existing parties are at the cusp of this interplay and have adopted one or combination or worst all of these factors to extend with glaring insensitivity to core of its beneficiary, the common man in picture. These policies have a detailed aspect to open up the boundaries to exploiting international commune and their commercial cronies in form of added investment avenues for liberalization of economy at cost of this eco-system which essentially should be driven more adding to strength to these factors. Communism or Capitalism should ideally make way for Swadesi and De-centralization of these policies remaining at the centre. The potent nationalistic force needs to be liberalized; the inclusive development needs to be liberalized prior euphuism’s are used to bail out economies of others.

Where as the global developed economies thrive on the concept of materialism and its immediate pre-occupation the level of consumption with over all focus on looking at just well being of an individual, stimulating class antagonism, socialistic disorders and greed to acquire more; the Pro-Bharat approach would to create a harmonious society by building, reshaping the institutions of these thought process. Any disturbance to these factors would lead to anarchy as being witnessed today and creating a gap which would be too large to fill by any substitute other than nation first thought, progressively. In order to conclusively attain this nationalistic temperament other then the five variables, education, its reforms, perseverance of Bhartiya languages, restoration of national rivers to its purity, protection and advancement of cultural centre of traditions, protection of religious centres and indigenous trade and craft needs to be cared for and developed as well.

National GDP would hence not be a true measure of these activities and does not cover a holistic approach for the well being of a society. The country might have a stronger GDP connotation but yet could be facing issues in governance, poverty & appalling sustenance conditions, such as present Bharat so a true benchmark could be Gross Prosperity Index or Happiness Index to cover all sections of the society regardless of the commercial contribution attached to them and this would then truly reflect the state of affairs of the nation and its people. This would assist to measure the impact of policies, polity, probity and programmes for the nation, whether or not are achieving the desired objectives or not.

Bharat despite the show up of economical statistics and replacement of these factors in factor of growth rate of development yet remains mainly an agrarian economy. The sustenance of majority of the population even till today is without doubt agriculture and steps needs to be taken to ensure there is no degradation of multiple crop or single crop lands for development. The erstwhile tirade of GATT and now WTO to restructure economy on prescription based upon matured economies should not allow the markets to be opened up for our nation’s growing economy in forms of dole’s of subsidies.

We were a highly developed agriculture nation and 200 years of tyranny of imperial rule allowed us to ignore the might we have in our land and soil to achieve this without any economical intervention of these developed forces. We need to focus on doubling the output of our agriculture produce with indigenous methods of farming, traditionally being practiced. Its been seen that in few pockets we have been able to come closer to achieve this goal however this can not be said true for some regions having seen unabated suicides of farmers.

This differentiation in farming, organic dependent at most needs to be addressed and sufficient protectionism methods yet need to be reinforced to see that we do not again become dependent for our agriculture produce. Some balance needs to be achieved for farmers and farming community as a whole and needs subjective re-addressal of their grievances to achieve this objective. Coming in with their tools of imperialistic mechanisations; consumptions and demand, propensity to higher markets with accelerated growth rate of investments on capital but as a nation we need to know that they “need us” to expand their commercial interest and we have the right to dictate what we think would be an appropriate approach to harness this with string negotiations.

This without comprising on our economical and national sovereignty. A Pro-Bharat approach could even see us survive this, even if we choose to walk out from this global trade organizations and yet protect, sustain and develop further on basis of our principles of protectionism of our national interest always remembering, they ‘also’ need us.

To continue to talk about Pro-Bharat ideology we also need to expand the scale of our de-centralized industry clusters. The overall economic holistic development could only be achieved when its ensured that no pocket of industrious activity, specially small scale in nature are left behind in participating in this growth momentum. Swadesi model of development with inclusive focus on these sectors would attain and also repose confidence in our nationist abilities to compete with the best industrious zones in the world.

There has been an attempt even to let go of this safeguard on pretext of complete transformation needed for small scale sectors by offering them subsidies in form of trash loans, infrastructural facilities, inviting more of debt in already struggling livelihood of these resources where no attempt is made to ensure the produce finds the right set of consumption centres through its marketability.

Dependence on safeguard mechanisms through trade embargo’s and addition of high duty rates have done negligible to dilute its impact since owing to the volumes being brought in from cheaper sources of manufacturing the resultant impact of protectionism also wades away. The marginalized cluster producer with no match for the level of investments in these efforts further recedes to livelihood deprivation.

As has been recently seen for efficient energy growth the entire economy of the country together with its national sovereignty left in lien with capitalist over nuclear energy agreement. We need to be promoting alternative resources of energy also bearing in mind the consideration for water restoration and its purity preservation. Factually, when the country gained independence it was expected to remain, behave and act rightfully humble towards the ecology with a nationalist feeling. Policies which have reaped dividends over all these countless years, the philosophy and the rules prevailing in the society with a focussed need to maintain and at best further these with a will to attain as per the ecological temperament of the country. This thought and its execution anomaly has constantly crept into the normal lives is a visible sign of departure from our national moorings. The constitution was supposed to be a document on these factors yet this also seemed to have failed to provide the necessary direction, even being directive in nature.

The constitution itself has been amended so many times that one really wonders whether a new constituent assembly needs to be called to steer the nationalist expectations as was perhaps perceived right from its original inception. Laying bare the an old act of 1935 as a basic framework of governance has proven itself wrong and continues to do it even today, so making amends is the call of our times, not from a past perspective but for our present and charting the course of nation, its people for future direction.

The vision of “poorn swarajya" is what needs to be replaced despite we being independent in actions, yet bounded in our thoughts to invigorate our national spirit. Where unless the bottom most person of the societal hierarchy is revitalized, the holistic development and dream of an egalitarian society and a nationalist society in turn would continue to meet each other at crossroads.

This could be achieved by, in summary, by having:

• Consistent focus at grass root level to seek and develop agriculture inputs as according to the need, temperament and sustenance of ecology for the people and not on a central policy basis of subsidies and their relative interdependent plans. We still are an agrarian economy, to remember.

• Land Improvement and support where the class, caste and displacement of people are ill effected and major development projects co-exist supplementing efforts of each other with each having its sphere of influence then forcing a option of for “either of the systems”

• Focus on integrated educational development which assures the right of employment then right of knowledge and its use in the developing world

• GDP measurement to include ancillary services which do not connote a commercial value yet still are a national component e.g. the labour barter which could be seen every season across the agrarian community of farmers pooling and taking turns to till fields for saving the spend on outsourced labour and retaining their cultural bonhomie, the very backbone of the system or perhaps challenge the GDP factor itself to define a new (GPF) Gross Prosperity Factor.

• Developing comprehensive agenda towards maintaining the intricate balance of the fragile eco-system of people and their livelihood resources including water & irrigation, land & forests, cattle & livestock and indigenous cultural knowledge heritage

• Approach to seek active involvement and virtual democratic participation in governance and administration. Reforms should not be skewed as a secondary choice for an already defunct system, as add on. If it needs a complete transformation, the will should be able to support these actions with sole aim of efficient governance as its objective

A nationalistic temperament would without doubt lead us to nationalistic actions with nationalistic intellect and happens to be the need of the moment.

(to be contd..)