Even though the mainstream national media has not given much attention to the Mullaperiyar issue, it is refusing to die. It is, in fact, exacerbating with the passing days and with increasing water level in the dam due to continuing rains in the catchment area.

The Genesis
Mullaperiyar is a story that is difficult to comprehend even for the people of Kerala and Tamil Nadu, let alone the ‘outsiders’!

It is a story of how a foreign power, then occupying the country, using their power, forced a native Kingdom to agree to give up its rights over a river and its water for 999 years, in exchange for a small amount to be paid as rent to the Kingdom. This agreement was inked in 1886.

Even after the occupying powers had left the country, the succeeding popular Government of Kerala agreed to honour the agreement that was obviously one sided – in favour of Tamil Nadu – and executed a fresh agreement in 1970, with substantially same provisions.

As a result of these agreements, the water from a dam that stood across a river flowing fully within Kerala was made available to the people of Tamil Nadu for their drinking and irrigations requirements (now this water is also used to generate electricity by Tamil Nadu). Not just that, the entire control over the dam was also given to Tamil Nadu authorities, so much so that there were instances when Kerala officials were refused to enter the dam premises even for safety inspection!

Why this seemingly unfair arrangement?
For someone, who is not aware of the geography of South India, this arrangement may seem really unfair for Kerala. But the truth is that, this was inevitable for the entire region. Since 1895, the water from the Mullaperiyar dam has been the lifeline for a large area of Tamil Nadu, with people depending on this project for drinking water, and for irrigation of over 3 lacs acres of land. This water has completely changed the landscape of an area that was prone to draught and famine until then. Denial of water would be disastrous for people and agriculture of these areas spread over 5 districts of Southern Tamil Nadu. Therefore, the arrangement is only fair in the larger interest of the region and the nation.

Disputes
In 1979, there was an earthquake in the dam area that caused panic among people. On Kerala Govt’s request, Tamil Nadu agreed to reduce the water level to 136 feet from 142 feet, till completion of strengthening of the dam with reinforcement of concrete cover, etc.

Post completion of reinforcement work, Tamil Nadu wanted to increase the water level back to the original 142 feet. However, continuing tremors in the area caused concerns among people living downstream that this lime and surki dam of such vintage may not survive a major earthquake.

Petitions were filed for, and against, raising of water levels in the dam. These petitions before Kerala and Madras High Courts were subsequently transferred to the Supreme Court for decision. The Hon’ble Supreme Court took a strict legal view in these cases and permitted raising of water to the level, permitted under the agreement i.e 142 feet.

However, continuing tremors in the area and increasing leakage from the dam (even after all the reinforcement work) caused public outrage and concern among the people living downstream. The Government of Kerala was forced to pass a law (applicable to all the dams in the State), and thereby stop the efforts of Tamil Nadu to increase the water level to 142 feet and eventually to the maximum capacity of 152 feet.

This Act of Kerala was challenged before the Supreme Court. As observed by the Supreme Court, “It may be noticed that apart from the legal and constitutional issues, inter alia, the real grievance that concerns the State of Tamil Nadu is of not being able to increase reservoir level of Mullai Periyar Dam to 142 feet. The concern of the State of Kerala, on the other hand, appears to be relating to the safety of the Dam. While the State of Tamil Nadu had submitted that in the present suit they seek invalidation of the Kerala Irrigation and Water Conservation (Amendment) Act, 2006 that seeks to override the judgment of this Court in the previous case, the State of Kerala had submitted, amongst other things, that there are genuine concerns as to the safety of Mullai Periyar Dam, and that they have also offered to build a New Dam at their cost which will ensure that there is no fall in the water drawals of the State of Tamil Nadu, and that their law is valid. (emphasis added)”

The Supreme Court went on to order the appointment of an Empowered Committee that was mandated to give its report on certain questions within a period of six months. However, the Committee which was appointed on 30th April, 2010 is yet to complete its proceedings and submit its report. Once the Committee submits its report, the Supreme Court will further hear the case, including constitutionality of the Kerala Act. Going by our current standards, even the Supreme Court may not be able to say when a final Order can be expected on this matter.

The Grievance of Downstream People
Meanwhile, Idukki district of Kerala, where the dam is situated, has experienced as many as 22 mild and moderate earthquakes since March, 2011.  The latest  of these quakes being of 3.1 and 3.2 intensity in November alone. Adding to that, the rains have caused the water level to cross the 136 feet mark. Together these factors are causing sleepless nights to the poor people living on the banks of the river. The local people have been agitating continuously, seeking protection from the dangers of the dam, for six years now. The intensity of  the agitation has picked up with the recent earthquakes.

The Mullaperiyar dam was constructed with lime and surki, almost 110 years back. Studies have shown that up to 30 tons of surki is being lost from the dam every year. Despite the reinforcement works carried out for providing concrete cover, the frequent leaks and loss of surki continues to endanger the safety of the dam, causing fear in the minds of people. They are not willing to listen to the ‘dam is strong and safe’ story peddled by Tamil Nadu anymore.

The situation has reached a stage where strict interpretation of legal rights under an agreement will not resolve the issue. Even a layman can say that a dam which was originally projected for a life of 50 years cannot remain safe after 110 years. Cosmetic reinforcements will not make it any more acceptable to the people who are living in fear. 35 lakh people are living in the affected area and will face danger in case anything happens to the dam.

The Government of Kerala is pushed to the wall. It cannot go against the genuine fear of such a large population. However, till now, its reactions have been very positive. It has adopted the policy of ‘Water for TN and Safety for Kerala’ and has even offered to construct the new dam at its own cost and continue to supply water to Tamil Nadu.

The Response of Tamil Nadu seems of be that of total denial. They refuse to accept that there is any danger to the old dam. They refuse to accept the fact of earthquakes and that the concerns of the people are genuine. They say it is all mere propaganda to promote the release of a commercial movie. Tamil Nadu has a history of water disputes with all its neighbours. In spite of Kerala’s assurances, this history seems to be weighing on its mind. No politician/party in Tamil Nadu wants to be seen as agreeing to a compromise on a ‘water dispute’.

Way Forward
A solution through mutual negotiations seems to be remote as neither party can afford to be seen compromising on their people’s interest. So, the only solution is for the Supreme Court to speed up the proceedings and also to take interim measures, such as lowering the water level.

If there is even an iota of doubt, the benefit of doubt should be in favour of safety, as the contractual rights of Tamil Nadu are far inferior to the constitutional right to life of the people of Kerala.

Remember Supreme Court’s verdict in Endosulfan? Even in the absence of conclusive proof against Endosulfan, it went with the primacy of human life, and banned Endosulfan throughout the country, pending conclusive study on its effects. Also, look at the response of the Tamil Nadu government itself towards the agitation against Koodankulam Nuclear power plant, based on the fear of what might happen if a Tsunami was to hit Tamil Nadu coasts.

If something happens to the dam, it will not only make the people of Kerala suffer, but will also eliminate any further chance of water being given to the people of Tamil Nadu.

Conclusion
Kerala cannot be expected to remain a mute spectator to the genuine danger to its people. Tamil Nadu cannot afford to lose the right to get water from Mullaperiyar as that would be disastrous to its 5 districts. So the solution is only to ensure a new dam, with adequate protection against any earthquakes, while retaining the right of Tamil Nadu to get continuous supply of water – in other words, Water for Tamil Nadu and Safety for Kerala.

Kerala has already said that it is ready bear the cost of new dam. However, Tamil Nadu may want to be a part of it to ensure its continued control over it. These are matters that can be resolved through a court order or negotiation, once the basic principle is accepted by all parties.

Let the brotherhood between people remain unaffected, even though there are enough forces working to damage that, for their parochial benefits.

(Image Courtesy: Wikipedia)

The round one of the confrontation between Anna Hazare led India Against Corruption and Dr Manmohan Singh led Government of India, has been won by the former. The manner in which the latter and the Delhi Police dealt with the agitation, by taking Anna into preventive custody and subsequently housing him at Tihar jail, has given further impetus to the anger of the constituency that is behind Anna’s movement, the Indian middle class, making them come out on to the streets.

To its credit, the Government did not waste any time in correcting its course. The damage, however, had already been done. The debate got shifted from Jan Lokpal Bill to the right to protest and right to freedom of expression, etc. Parallels were drawn to the dark days of emergency and the British rule, though the freedom with which the media and the agitators were going against the Government did not justify any such comparison.

The whole debate on Jan Lokpal and its merits was relegated to the background and those against the Jan Lokpal Bill, including the Government, became defensive. We kept on hearing about how the intention of Anna is all noble, only his methods are not constitutional. Points of view that questioned the clauses of Jan Lokpal Bill were muffled by the ‘with Anna or with Corruption’ calls. No middle ground was left for anyone who had genuine doubts on the structure of the proposed Jan Lokpal.

This Article will not go into the constitutionality or morality of ‘fast unto death’, as a method for forcing an elected government to legislate in any particular manner. Instead, it focuses on the core issue, the Jan Lokpal Bill and the constitutionality of its various clauses.

Basic Features of the Indian Constitution

While there is no judicial unanimity on what constitutes the basic features of Indian Constitution, different Benches of the Supreme Court have declared different aspects as its basic features. A perusal of these decisions would tell us that the following are the established basic features of the Indian Constitution:

1.  Supremacy of Constitution
2.  Republican and Democratic form of government
3.  Secular character
4.  Separation of Powers
5.  Judicial review
6.  Independence of Judiciary
7.  Harmony between Fundamental rights and Directive principles
8.  Limited power of Parliament to amend the Constitution

Need to maintain Constitutional Supremacy

While we are concerned about the corruption in the society, we must equally be concerned about any tampering of the basic features of our Constitution. While we keep hearing views on throwing away this Constitution, as it has not served whatever imaginary purposes of the speakers, just an objective look around the world will tell us how lucky we Indians are to have such a balanced document to guide our affairs, as a nation. India, being a nation that has more diversifying than unifying factors among its people, has been able to survive and prosper as a strong nation, within such a short time after independence, only due to the great systems and processes given to us by our Constitution.

Supremacy of Basic Features

The power of Parliament to legislate and amend provisions of the Constitution came up for judicial review in many cases; most important of them being Keshavananda Bharati Vs State of Kerala, the famous decision of 13 judges’ Bench in 1973. The majority in this case held that the power of amendment under Article 368 of the Constitution is not absolute, but subject to various implied and inherent restrictions imposed by the basic structure of the frame-work of the Constitution. In other words, the power to amend under Article 368 is subject to the qualification that the basic structure of the framework of Constitution cannot be altered.

Indira Gandhi Vs Raj Narain (1975) is another case where Supreme Court struck down a constitutional amendment that sought to exclude certain electoral process from the judicial review. Readers may know that the genesis of Emergency (the black days of Indian democracy) was in the same incidences that led to this case.

The Parliament in its efforts to regain the ‘supremacy’ in amending the Constitution, added clauses (4) and (5) to Article 368, trying to make the amending power of Parliament unlimited and to limit the judicial review over such amendments. However, this amendment was also struck down by Supreme Court in Minerva Mills Vs Union of India (1980) case.

Provisions of Jan Lokpal Bill

Now let us look at the scheme of Jan Lokpal Bill proposed by the Anna Hazare Group of Civil Society. For brevity’s sake, I will not go into the details of each clause of the draft. I will only concentrate on the basic features of the draft Bill and test them against the basic features of Constitution.

1. Jan Lokpal is not an elected body; it is selected by a group of people, most of whom are not accountable to people of this country in any manner.

2. It is an executive body that has investigative and prosecution powers; but not answerable to the executive or legislature of this country. It is not even answerable to the judiciary (except for the risky proposition of challenging the bona fide of any particular member before the Supreme Court)

3. It has powers to investigate members of Parliament, members of Judiciary and even Prime Minister of the Country. It can also adopt phone tapping and/or other surveillance measures against any of the government functionaries, including Prime Minster!

4. While one may be able to successfully challenge the prosecution by Jan Lokpal in a court of law, it’s all other activities are not open to appeal/challenge.

5. It is a body in which police and courts are all rolled into one. It can suo moto initiate investigation against anyone. It can black list any entity, it can cancel any license and it can impose penalties.

6. Judiciary and judges are under its purview. Therefore, when Jan Lokpal prosecute a person, he is at the increased risk of a biased decision by the Judge against him because, the judge is not independent and is subservient to the authority of Jan Lokpal.

7. While Jan Lokpal is structured as a body of 11 wise men sitting in benches, its hundreds or thousands of officers (this number will have to necessarily go up if all the institutions and functionaries, numbering about 40 lakhs under Central Government alone, are to be covered effectively) when acting on its behalf are also deemed to be Lokpal, having all the powers under the Act. Just imagine any of these officers exercising unbridled powers of investigation and prosecution on a hapless citizen. Or, should we believe that as soon as an officer becomes part of Jan Lokpal he will become another Anna Hazare – beyond all temptations?

8. Jan Lokpal has the power of imposing punishments on public servants. This is against the present scheme of constitutional provisions wherein the same is determined by the Union Public Service Commission.

9. Jan Lokpal can also initiate proceedings against a Member of Parliament on matters falling under the conduct within the Parliament. These aspects are usually under the purview of the Speaker/ Chairman so as to not affect the independence of the members. While any mala fide conduct of an MP needs to be checked, shifting such powers from the House to the Jan Lokpal would indeed adversely affect the position of our legislature.

10. Last but not the least, the selection criteria for members of Jan Lokpal, inter alia, prohibits all those persons who “would ever have been connected with any political party”. In case of other conflicts, the section provides for severing the relations with such conflicts before appointment, but for anyone who has associated with any political party, at any time in his life (not sure if that would include student/youth organisations affiliated to political parties as well) have no such remedies. Once political, always condemned!

Now let me list out how these provisions are affecting the basic features of the Constitution:

1. An appointed body exercising vast powers over elected bodies is definitely against the democratic system of governance.

2. Jan Lokpal indeed is a part of executive arm of the State but not answerable to the elected executive body, i.e., the Cabinet or to the Parliament. It also wields many powers that are the preserve of judicial bodies. Thus the basic feature of separation of power stipulated in the Indian Constitution would have to be given away to bring Jan Lokpal.

3. The power of monitoring and proceeding against higher judiciary in the hands of Jan Lokpal is definitely against the basic features of independence of judiciary and the power of judicial review. The corner stone of republican democracy is the ‘rule of law’ and that will be the worst casualty of Jan Lokpal. Prosecutors having power to prosecute the Judge is a deadly proposition.

4. Article 14 of the Constitution guarantees equality before law and protection from arbitrariness and discrimination. However, provisions like disqualifying all those people who were at any time connected with any political party in any manner and persons who were at any time charge-sheeted for an offence under the corruption laws (mind you- charge-sheeted and not convicted) are discriminatory in nature and would not stand the test of Article 14.

5. As stated above, provisions of the present Jan Lokpal Bill go against many of the basic features of the Constitution, passing such a Bill into an Act would itself be against two other Basic features, namely, supremacy of Constitution and limited power of Parliament to amend Constitution.

I am not going into the issues such as members of the selection committee etc, which are bizarre to say the least. A weakened executive, having to look behind while taking each of the decision, is a sure recipe for disaster, as far as economic and strategic progress of the country are concerned.

To summarise, even if Indian Parliament is successfully pressurised through people’s agitation or fast unto death, the Jan Lokpal Act will not stand the test of judicial review as many of the clauses will, in all likelihood, be held as ultra vires of the Indian Constitution.

Some other aspects for consideration

Concentration of power in the hands of a group of people, that too not accountable to any constitutional body, is another cause for disaster. I cannot believe that merely because Jan Lokpal is devised by a section of Civil Society, its officials and members will be in any way more honest than the judges of the higher judiciary.

While we are all concerned about corruption, as citizens of this country we should consider that when we demand an institution with unbridled powers to fight corruption, are we unwittingly walking into a regime that upsets the present status quo (though inefficient in some aspects, yet good enough in many other aspects, including rule of law and personal freedoms) and installs an authoritarian system?

We have seen how systems were subverted by our leaders and bureaucrats in spite of all the checks and balances. Therefore, to expect that with no such checks and balances, all the members of a massive institution like Jan Lokpal will function completely above board and fairly, is really naive.

Conclusion

So, the issue is not merely with the method adopted by Anna and his Group but also with the very basic demand of theirs. We need an Ombudsman who will address our grievances and force the Government to act; but not a super Government that lords over all other arms of the State.

Any changes that are likely to affect the balance of Constitutional framework must be attempted only after considering and deliberating on all the possible consequences and not under any threats, even if the threat is from the people or Anna Hazare. The only way forward must be wide ranging dialogue with various sections of society under purview of Standing Committee of Parliament or any other body and to arrive at a consensual Bill that meets the aspirations for an effective ombudsman while conforming to the basic features of the Indian Constitution.

(Images : From the Internet)

Swami Ram Dev has become a household name today. Even before his Satygaraha campaign, he was easy to find on one channel or another, either teaching yoga or preaching about how yoga was the cure to every problem in the world. You could love him, or you could hate him, but you could not ignore him.

That, however, was not enough for Baba Ram Dev. He had bigger dreams, and so he started a campaign for making India corruption free. Now, whatever his motives may be, and whatever the end results of his campaign may be, it is a fact that his efforts have made the entire nation sit up and take notice.

But, a question that needs to be answered is how did Ram Krishana Yadav (Swami Ramdev’s childhood name) get to be so powerful that he could shake the entire government machinery with a single call to arms.

1. Yoga: To be fair, it must be admitted that Swami Ram Dev is greatly responsible for talking Yoga to every household.  There were many yoga instructors before Swami Ram Dev who tried to teach yoga to the common man, but the common man was too busy with is daily life to pay any attention. Then along came Swami Ram Dev and his unbelievable intestinal calisthenics that took the nation by storm.  Everyone wanted to do with their stomachs, what Swami Ram Dev did with his. If you try to recall the first image you saw of Swami Ram Dev, it most likely would be one with his stomach pulled in. In a nation, that is becoming increasingly obsessive with six packs and zero sizes, Swami Ram Dev seemed to be the solution for everyone’s weight problems.

2. Not just Yoga: Most yoga instructors, you must have noticed, are dressed in white. White, as we all know is a boring colour. Saffron, however, is a different matter altogether.  Saffron is a colour associated with the Hindu religion, and when Swami Ram Dev began teaching Yoga wearing saffron, yoga became attractive to the religious minded. This coupled with the fact that Swami Ram Dev began to be featured regularly on all the religious channels after 2003, added to the religious fervour associated with Swami Ramdev’s brand of yoga.

3. Controversies: No publicity is bad publicity, they say, and controversies are the best way to remain in the public eye. Swami Ram Dev’s popularity is a good example of this. The first major controversy in Swami Ram Dev’s life came when he compared soft drinks to toilet cleaners. While it won the heart of the common masses, it also made a few people upset. Then, one after the other, Swami Ram Dev was embroiled in a series of controversies, each making him more famous than the last, and each giving him an opportunity to become ore vocal than ever before. The main controversies associated with Swami Ram Dev are:

1. In 2006 Divya Pharmacy was accused of using human and animal bones in their medicines.
2. Swami Ram Dev then claimed to cure cancer and AIDS through Yoga.
3. Homosexuality, according to Swami Ram Dev, was a disease and instead of accepting it, the society should try to cure it, which could also be done through yoga.

4. Lack of Awareness, and Follower mentality: Without prejudice to any, it must be said that in India there is, even today, a lack of awareness about a variety of subjects among the masses, and there is a tendency to blindly follow what is in fashion. Baba Ram Dev and his yoga seemed to be what everyone was following, and therfore many others joined the movement blindly.

5. Corruption: Corruption is a menace whose existence is undeniable, and everyone, at one point of time or another, has been affected by it. So, anyone who seems to be fighting corruption is sure to get the support of the masses.  Swami Ram Dev by choosing corruption as his archenemy made a very wise choice, and one that has won him unconditional support from many quarters.  An example of how fighting against corruption makes a character loveable can be seen in the way people accepted Sanjay Dutt’s Gandhigiri in “Lage Raho Munna Bhai”. By fighting against corruption, Swami Ram Dev has become the common man’s friend because an enemy’s enemy is a friend.

A tipping point is defined as, “the point at which the build up of minor changes or incidents reaches a level that triggers a more significant change”.  All the above  reasons have resulted in the tipping point that Baba Ram Dev’s popularity has now achieved. Wouldn’t you agree?

This year, the months of April and May saw one of the most important events of the country i.e.  the State Assembly Elections in four states namely West Bengal, Tamil Nadu, Assam, Kerala and in the Union Territory of Puducherry. All the political parties tried the tested and tried  policies for wooing the people. But this time most of the tricks did not work, and it was a victory of the Democracy. The people of the states gave a befitting reply to the politicians for their deeds – good or bad. This election resulted in some of the most dramatic results in the history of elections in this country, and these will have a far reaching effects in altering geopolitical contours of the country.

At the same time, this election proved that the people of this country can no longer be taken for granted.

As counting began on May 13, results started pouring in on various news channels and by noon it was clear that some of the most unprecedented upheavals were on their way. West Bengal saw the biggest change in the last 34 years of its existence. The Left had been completely swept aside by Mamta Banerjee’s express train. The Left parties were able to get only 63 seats in the 294 seat assembly, and 225 seats were won by Trinamool Congress + Congress alliance. In Tamil Nadu, it was AIDMK+ that won 201 seats out of 234, and DMK + was left with a humiliating 33 seats in all. Kerala saw a marginal victory for Congress + (UDF), which gained 72 seats out of 140, and Left was a close second with 68. In Assam Congress and allies won 78 seats, with AGP winning on 11. Although, there are some lessons to be learnt in each of these state  elections but the major conclusions and defining statements emerged from two main states namely Tamil Nadu and West Bengal.

Let us examine the various states separately to have a clear idea about what reasons were responsible for gain or loss of the various parties.

Kerala

In Kerala, the over all track record of the Left government was good, if not very good. It was just the anti-incumbency factor, and Kerala’s long tradition of changing governments ever 5 years which caused the results in favour of UDF.

Assam

It was Tarun Gogoi’s personal reputation and the works carried out by his government which helped him in winning a third time. Tarun Gogoi was successful in beating the anti-incumbency factor too.

West Bengal

West Bengal saw one of the most striking results where Mamta Banergee swept the elections completely and threw out the 34 year old Left rule. It was a vote for change as well, as 34 years of Left government has left the state lagging behind in various sectors like health, education and industry. It can be seen from the fact that manufacturing share of the state in national output has dwindled to a mere 2.9% in 2007-08 from 11.5% in 1980-81. Similarly, health and education sectors in the state are in a very sorry state. And, when the Left govt. started to accelerate its industrial initiatives, though already very late, the plans backfired. May be it did not approach the whole concept of land acquisition in the right way. The 34 years of Left rule in West Bengal had some positives too – the corruption levels were low, which in itself is a great achievement, and the land reforms carried out by the Left government have set an example of delivering to needy and poor people all across the country. The results, therefore, were a vote for change and we know, it’s a democracy and people have all rights to reject a govt. which has failed on many fronts.

Tamil Nadu

It was a defeat of the political cynicism and corrupt politics. DMK and Congress paid the price for their spoiled image due to number of corruption scandals that emerged in the State. Though, the Karunanidhi government took lot of initiatives for improving industrialization and development of human resource, the 5 years were full of corruption cases for them at the state, as well as at the national level.

All said and done, we can draw the following conclusions:-

1. These elections showed that people are now more open to support women for top jobs of the state. This is for the second time in the history of this country that we have 4 women as Chief Ministers.
2. This is a victory for the democracy and good governance.
3. People can no longer be taken for granted.
4. Corrupt governments will be given befitting reply.
5. Political Cynicism is not a right tool anymore.
6. These results will help in achieving the ideal aim of bipolar system on politics.

Broadly speaking, people have given a strong message to the political parties of this country. The message from the voters of four states and a union territory is clear and bold that corruption, political cynicism, arrogance in any form will not be tolerated and good governments will be rewarded wholeheartedly.

The World cup, 2011 has entered the third week, and this time there have been no major surprises, except for Ireland who have managed to cause quite a stir by causing the only upset of the tournament till now by beating England in a game that saw more than 650 runs being scored.

Before the World Cup had actually started, India, England, and Australia were the likeliest to lift the world cup, and in that order too. In the past three weeks, nothing has changed. Most teams have played as was expected from them.

The team that seems to have run into a spot of bother is England. They have not been able to win a single match comfortably. In their first match against Netherlands, they were set a stiff target to chase, and it took some them 48.4 overs to win that game. In their second match against India– a match between two great batting sides – they faced the daunting task of chasing a score of 338 to win. To their credit, they put up a great batting performance, but could not manage to convert their effort into a win. The game however turned out to be the most exciting this world cup has seen, and ended in a tie.  Then, once again against Ireland, England gave a demonstration of how good a batting side they were, but once again they floundered in the fielding department and allowed Kevin O’Brien to run away with the match. Finally, their batting collapsed in Chennai, on a pitch that was helping bowlers for a change, but this time England managed to bowl well and beat South Africa in a low scoring match. Having four close games back to back so early in the tournament can be draining for any side. Even before the tournament, one could hear whispers about England’s best having come just before the World Cup during their tour of Australia. These whispers have gained strength now, and England will have to overcome this additional mental block in order to become the champions.

South Africa is a side that has had the capability of winning almost every world cup they have played, yet they have never managed to do so. For many years, they have carried the nickname of “chokers” and Graheme Smith, along with his teammates, has worked hard over the past couple of years to shed that image. However, it seems like that they might need more work before they are able to do so. They were doing well in their match against England, but could not convert a good effort into a win. It looks like the proteas have still more work to do before they can become a World Cup winning side.

India makes up for the one sixth of the world population, and cricket is the one of the few games that India plays well. Therefore, it is no surprise that a large number of cricket lovers are rooting for India this time around. Many people would love to see India win, if for no other reason than to see the World Cup in the hands of the little master. Sachin Tendulkar has consistently been one of the best batsmen in world cricket for the last twenty years, yet he has not been able to be a part of a world cup winning side. He would love to change that, and so would his fans, especially since this  is going to be the last world cup for the great man. Emotional reasons aside, this Indian side definitely has the batting firepower to post huge totals on any pitch, but the bowling and fielding departments seem to be lacking the edge. However, no bowling side seems to be comfortable bowling on these batting friendly pitches, and India might be able to make the best use of familiar grounds and familiar conditions.

Australia, however, will try their best to dash Sachin’s dreams and would be looking to win their fourth successive  world cup in a row. Even though the Australian side has lost the unbeatable image they had been carrying for long, they still seem to be one of the strongest contenders for the World Cup. They are good in both the bowling and the batting departments and it will be a challenge for any side to beat them.

Before the World Cup started, no one would have given either Pakistan or West Indies much of a chance of winning the World Cup, but both the teams have proved in the games they have played till now that they will be no pushovers. However, both these sides do not seem to have what it takes to win the World Cup. They might be able to pull off some good matches, but winning the World Cup seems to be a long shot for them.

2011 is India’s best chance to replicate the achievement of the Indian cricket team that brought home the cup in 1983. However, India needs to be wary of Australia and England who would try to do everything in their power to keep India away from the cup that matters.

The much awaited Mobile Number Portability (MNP) is finally here. A lot of people were waiting for MNP to become a reality for various reasons, and many people were trying to push the date for MNP further off for various reason of their own.

The Telecom Regulatory authority of India (TRAI) had issued the Telecommunication Mobile Number Portability Regulations  as early as  September, 2009. In the regulations, MNP had been defined as the facility which allows a subscriber to retain his mobile telephone number when he moves from one Access Provider to another irrespective of the mobile technology or from one cellular mobile technology to another of the same Access Provider.

On the face of it MNP sounds like every Service Provider’s nightmare, and every consumer’s dream. If you are not satisfied with your service provider, you can simply approach a different service provider and, at the same time, you can keep your old number.

For many people, including me,  it is very hard to change numbers. Sometimes, in order to keep our old number, we will put up with the not-so-good service provided by our service provider. But, now even we have the option of changing our service provider.

So, can anyone apply for MNP?

Any subscriber can apply for MNP as long as 90 days have passed since the activation of the mobile number, or since the activation of the number after the last porting. Also, there should be no outstanding payments against the number to be ported, nor should the number be associated with any kind of court proceedings.

What are the charges payables for MNP?

The ceiling on the porting charge will be Rupees Nineteen for now. So, a service provider can charge a maximum of Rupees Nineteen from the subscriber intending to port a number.

How will MNP work?

The subscriber intending to avail MNP service will have to apply to the service provider, he wants to move to, in writing and in the required format. Once the recipient service provider is satisfied that the subscriber fulfills all the requirements as defined in the TRAI regulations, he will ask the subscriber to  send an SMS to the existing service provider, who will then provide a porting code to the subscriber. The subscriber will then provide this code to the recipient service provider, and if all goes well, then within a maximum period of eighty four hours, you should have moved to the new service provider.

Doesn’t sound too difficult, does it?

MNP will definitely make the Telecom sector even more competitive. At present, the mobile service providers are trying their best to come up with new schemes to lure new subscribers, but they are really not trying their best to satisfy their existing customers. Now that an unsatisfied customer can shift to a different service provider, the companies will have to try very hard to satisfy their existing customers as well, so that they don’t lose them to the competition. Consumer, in other words, has truly become the king in the mobile market.

Now, that you have a choice are you going to change your service provider, or are you going to stick to your old service provider?

(To know more about the MNP Regulations, Orders and Directions you can visit the TRAI website)

(Image courtesy: jetmedia and Yodesigner from sxc.hu)

A nation represents the collective soul of the Individuals who are it’s Citizens, and the State in which a nation is… is a reflection of the attitude that it’s people have towards themselves and each other.

Why am I writing this today?

Because…

It’s August, the 15th again – the Indian Independence Day. What am I going to do for this occasion?. I’ll probably go to my hospital  & do my duty,  while feeling a little bad that this 15th Aug  fell on a Sunday and I have been robbed of one of my 11 precious gazetted holidays.

What I won’t do is, I won’t go ahead and buy the national flag – which kids go about selling on every traffic signal around this time in India – and wave it around, or tweet facts about the greatness of India, the nation, or add a Patriotic status to my long line of FB status messages, or listen to patriotic songs, or sit back and discuss how everything starting from public administration to living conditions to law and order is on the down hill, or curse the government and politicians for the rotten condition of Nation. I won’t do any of that.

Why not, you may ask?

I don’t think that it helps if we wear patriotism on our sleeves on one day, while shirking away from our responsibilities & duties as a citizen day in & day out. Where is the patriotism when we forget basic civic manners like forming queues, not spitting or peeing in public, respecting women & elderly people, obeying traffic laws, keeping our environment clean, using energy judiciously?

What good can come out of waving a plastic tricolor, which has been made and is being sold by children (who are supposed to be the future of this nation) in factories when they should have been in schools, happily fed by their families.

Should I feel proud to know that I live in a country…

Where families still throw away a newborn girl child, or worse kill a still unborn child because they want sons, or where wives are burnt for dowry and are subjected to domestic violence?

Where people are killed for marrying against the wishes of their family and these killings are termed  as “Honour” killings.

Where people discriminate against fellow human beings on caste, religion, region,and  discriminate enough to kill.

Where citizens are Indians on 15th Aug/ 26th Jan/ 2nd Oct and for the rest of the year they beat each other up for being North Indians, South Indians, Maharashtrians, Kashmiris, Maoists, Communists, and the list is unending.

Where citizens spend  more time finding innovative ways of bypassing laws, evading taxes and using that money so saved for offering bribes.

Where cricketers, actors and pseudo celebrities roll in luxury while soldiers, teachers, scientists and farmers are not thanked enough.

Where news is about getting TRP’s, rather than reporting facts.

Where elected representatives of the country fight tooth & nail with each other in the Parliament, spend more time staging walk outs and getting the house adjourned than in discussing the problems of nation, spend crores in making statues and parks while millions die of malnourishment and hunger, where nothing lies above petty politics and pleasing the vote bank.

When we, The People, elect such leaders to rule us, what right do we have to crib?

The purpose of this post is not to criticize a nation that is the biggest democracy in the world, and is  over flowing with talent unlimited. I fully realize that some of the things that I have mentioned above are rampant in every society, but then ours is a nation which stands on the premise of Vasudhaiva Kutumbakam (The whole world is a single family). The purpose of this post is merely to show ourselves the mirror to remind ourselves that –

The change will not happen by sitting in our homes, worrying about our comforts, refusing to accept reality as it is and waiting for someone else to come and clean our backyard. To make the change happen we will have to shirk off our laziness, clean our minds and then pick up the brooms and clean our backyard ourselves.

Let us be responsible people everyday of our lives, and celebrate patriotism everyday,  rather than make a hue and cry of it for a few days in a year.

Remember, The walls, if any, lie within our own mind.

Image courtesy: vivekchugh from sxc.hu

The whole world is in a tight grip of soccer fever these days, or shall we say Vuvuzela fever this time. Even in India, in spite of the fact that the Indian team has never played a game in the football world cup finals, people are singing “just like a wavin’ flag” with great enthusiasm. South Africa, the host nation, is like a huge country on carnival. People, in their colourful attire, are supporting their favorite teams with the zeal of a kid who has just learnt cycling. So what is it about sports like football, or for that matter cricket in some parts of the world, that makes people go round? Is it the adrenaline rush, or the spirit of the game, or pure marketing and media propaganda?

No doubt these events are huge income and foreign exchange generators for the countries that host them. Such events can generate a lot of employment in not only tourism and hospitality sectors but also in the infrastructure sector. A nation which is expecting large number of tourists will have to develop its infrastructure in terms of better roads, rails and transport facilities. They will also need hotels etc. for the guests. This, in turn, generates employments for workers both skilled and unskilled for the development of infrastructure and also employment in the hospitality sector. It also boosts the tourism industry of the nation. The after benefits of such a development will ultimately be passed on to the citizens of the country.

We can very well see the case in the recent past when South Africa hosted IPL last year. The Indian government and media lost a major chunk of revenues due to shifting of IPL to South Africa. And what was one country’s loss, was another’s gain. Similarly, South Africa also benefited from the T20 Cricket World Cup held recently there. All these events have not only added to the economic gains of the nation but have also boosted its image in the organizing of large scale events effectively.

In the recent past we have also seen China flexing its muscle during the Beijing Olympics 2008. This again tells us that organizing world sporting events can also be used by countries as a show of power. China did stun the world by the show of strength, wealth and discipline. Even before the Olympics had started the world could see the effect it would have. Though there was the Tibet controversy which played spoilsport during the whole event but still China was able to make a statement.

India in a similar way is trying to show off its power by organizing the 2010 commonwealth games. Though the scale of these games is much smaller than most of the events mentioned above, yet the Indian government, and most notably the Delhi government, has left no stone unturned to make the event a success.

But then, like everything, even these big shows of power have their own negative side effects. And the most visible is a sudden surge in human trafficking – both for the use of cheap labor as well as prostitution. I read somewhere that brothels in South Africa have hired thousands of prostitutes from all over the world to meet the demand during this football season. This would have also led to illegal trafficking of women and children.

However, apart from these direct industries benefiting from such events there are a lot of indirect industries which also profit such as the television manufacturers, or the Sports channels or for that matter the liquor and food industry.

Wait. Did I forget something? Oh yes! The, oh, so ubiquitous Vuvuzelas. If there is one thing that FIFA World Cup 2010 will be remembered for, it has to be the Vuvezelas. Be it the football ground, Youtube movie spoofs, news channels or the Twitter trending topics, the Vuvuzela is everywhere. So, whether the hotel and tourism industry in South Africa benefit from the FIFA World Cup or not, or whether the Indian Government will be able to show off its muscle during the Common Wealth Games or not, one thing is for sure – the Vuvuzela manufacturers are laughing all the way to the bank.

“International aid workers fear the final death toll could top 200,000. About 250,000 more were injured and 1.5-million left homeless in the wake of last week’s disaster.” – Business Day (2010/01/19)

It was a quiet Wednesday morning in Mumbai, on the 13th of January. And all I will remember of that day will be a 31 sec video that ran on a loop on YouTube, showing a girl holding her mobile and looking out of her terrace in disbelief as the city beneath her had suddenly disappeared under a thick cloud of dust. A voice kept breaking down in the background, “the world is coming to an end”. She didn’t realize how true her words were, that their world had actually come crashing down.

Very soon, news had started to filter in from the western hemisphere about an earthquake in the island nation of Haiti. The quake hadn’t lasted beyond 30 seconds and when it was over, the earthquake of magnitude 7.0 on the Richter scale, had forever changed the landscape and the lives of more than two million people who inhabit the poor island nation.

Slowly the first pictures started to come in. A gray cloud of dust rose out of the rubble of the dilapidated buildings in the capital city of Port-au-Prince. Smoke rose in the distance as fire seemed to have flared up from devastated houses. There was shock and pain written on every face as the people tried to understand what had hit them. The air was filling up with wails of pain, angry screams, desperate cries for help. People were still in a daze, their faces a dusty gray and bloodied faces, looking around trying to find loved ones, friends, relatives, calling out names, helpless in the disaster. The quake torn streets were slowly stirring into action as people started to move away chunks of cement while some dug at the wreckage with their bare hands with the hope of saving some who may still be alive under the debris. Some school children stood in a huddle unable to understand how to find their way home or whether their homes were still standing where they had left them in the morning. People carried away bloodied bodies of loved ones, friends, relatives. And all this while no help had arrived, no police, no paramedics, no firemen – everybody was on their own.

The city thus lying in shambles happened to be just 6 miles away from the epicenter of the quake. And from the time after the major quake shook the city, 33 aftershocks had trembled underneath the city up to Thursday morning.

Elsewhere, the police headquarters had been razed to the ground. The Presidential Palace lay flattened to the ground, the headquarters of the UN peacekeeping mission had simply collapsed to the ground; hospitals, schools and residential buildings had caved in, rolled down ravines or lay in heaps of masonry. In places entire neighbourhoods were sleeping on the streets.

By Wednesday the body count had started to rise.The world was rushing in with aid. But with the devastated city the whole infrastructure seemed to have collapsed. Major roads were cut off, the port was damaged beyond repair and airports remained disconnected.

“Getting rescue and emergency medical help to those who needed it was proving, in the words of UN spokeswoman Elisabeth Byrs, “a logistical nightmare” – The Independent (Sunday, 17 January 2010).

An earthquake of this scale is no doubt a major calamity but not unheard of. But given the state of Haiti – where people languish without proper medical facilities in normal times – the disaster has made death an easier option. This desperately poor country, politically unstable, struggles to sustain its people. The people live more in despair than in hope – fulfilling basic needs – food, better education and medical facilities, are distant dreams – dictator after dictator has thwarted expectations of good governance.

The 200 years of history of the nation bares witness to a people struggling to live on under dictatorship and political unrest. The UN and some other aid agencies struggled day in and day out to keep some semblance of sanity in the overall aura of hopelessness. But with last Tuesday’s earthquake, the whole country has once more been plunged into darkness. The increasing body count, makeshift hospitals in parks, trucks converted into ambulances, mass graves for the rapidly decomposing bodies, the imminent epidemic following such disasters are just some of the problems on the surface. Even a week later the people still await the daunting task of slowly rebuilding Haiti.

Image courtesy : Reuters and AP