Reimagining BRICS

India has tried to use the multilateral forum to serve its larger strategic ends

With India announcing that all five BRICS member states are united in acknowledging the global threat posed by terrorism, and that those who support terror are as much a threat to us than those who perpetrate acts of terror, the eighth BRICS summit came to an end on Sunday in Goa. The BRICS agenda moved forward a bit with the BRICS leaders united in their “view to establish the BRICS Agriculture Research Platform, BRICS Railway Research Network, BRICS Sports Council, and various youth-centric fora” and agreeing “to fast track the setting up of a BRICS Rating Agency” based on market-oriented principles to “further bridge the gap in the global financial architecture.”

Prime Minister Narendra Modi said that the Goa declaration laid down “a comprehensive vision for our cooperation and coordination, within BRICS and on international issues.” But it was clear from the way India shaped the agenda of the Goa summit that Mr. Modi was working towards a different end game this time, looking beyond the immediate BRICS mandate.

Focus on terrorism

The Prime Minister’s focus, by and large, remained on the issue of terrorism. Without naming Pakistan, he used the BRICS platform to refer to the country as the “mothership of terrorism”, and forcefully argued that a “selective approach against terrorism” would be both futile and counterproductive. In more ways than one, he made it plain to his BRICS partners that this is an issue on which India feels rather strongly and that “BRICS needs to work together and act decisively to combat this threat.”

This message was primarily aimed at China, a country with which India has had differences on the issue of Pakistan-sponsored terrorism against India. Mr. Modi was not very successful in convincing the Chinese leadership to change Beijing’s stance on Jaish-e-Mohammad (JeM) chief Masood Azhar, who India believes was behind the Pathankot attack this year and the Parliament attack of 2001. China had recently put a technical hold once again at the United Nations and prevented Azhar from being designated a global terrorist, despite JeM being a UN-proscribed terror group.

Recognising the limits of bilateral Sino-Indian engagement, India seems to have now decided to use the leverage of a multilateral platform to put China on notice. New Delhi would be hoping that, by suggesting that “those who nurture, shelter, support and sponsor such forces of violence and terror are as much a threat to us as terrorists themselves”, it might eventually succeed in pressurising China to alter its position. However, with China refusing to budge, it is now hoped that Chinese State Councillor Yang Jiechi, who the leaders decided would travel to India again, would meet National Security Adviser Ajit Doval and discuss the issue further.

The other change that India introduced to the BRICS agenda was also significant as it underscored India’s changing priorities. India used the summit to reach out to its neighbours by initiating the BRICS-BIMSTEC outreach. Founded in 1997, the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) now includes Nepal and Bhutan apart from Bangladesh, India, Myanmar, Sri Lanka and Thailand. Set up with the objective of enhancing technological and economic cooperation among South Asian and South-east Asian countries along the coast of the Bay of Bengal, it has been neglected so far by its members.

New Delhi has now decided to lead the regional economic cooperation efforts against the backdrop of Pakistan’s marginalisation in South Asia. The cancellation of the SAARC summit in Islamabad, with Bangladesh, Bhutan and Afghanistan deciding to stay away like India, has galvanised New Delhi’s efforts to look at new ways to foster regional cooperation. India’s outreach to BIMSTEC during the BRICS summit is an important signal that New Delhi is serious about its role as a facilitator of economic cooperation in South Asia.

Bilateral ties with Russia

Finally, India used the Goa summit to re-galvanise its long-standing partnership with Russia, which was in danger of losing direction. Russia’s decision to hold military exercises with Pakistan did not go down well with India at a time when it was seeking to diplomatically isolate Pakistan after the Uri terror attacks. Russia, for its part, has been concerned about India’s tilt towards the U.S. In Goa, the two states reaffirmed the strategic nature of their friendship once again. India signed three major deals worth billions of dollars with Russia: five S-400 Triumf air defence systems, four stealth frigates, and a joint venture to manufacture Kamov-226T utility helicopters in India.

Recognising the limits of the BRICS mandate at a time of slowing economies and growing intra-BRICS political divergences, India has tried to reimagine the multilateral forum to serve its larger strategic ends. For Mr. Modi, BRICS is an important platform to showcase to his domestic critics that his foreign policy remains independent of, and not subservient to, the U.S. He has cleverly used the BRICS platform to position New Delhi’s priorities on to the agenda of the forum. How far he succeeds in achieving Indian objectives will determine Indian investment in BRICS in the future.

Harsh V. Pant is a Distinguished Fellow at Observer Research Foundation, New Delhi and Professor of International Relations at King’s College London.

Keywords: BRICS, India, Goa BRICS summit, BRICS agenda, Narendra Modi, India's foreign policy

Source: The Hindu, 18-10-2016

Deciding issues of personal law

The Supreme Court can and must make a pronouncement on the widely excoriated practice of triple talaq

Thirteen years ago, Justice V.R. Krishna Iyer, pleaded in a piece titled ‘Unifying personal laws’ in The Hindu (September 6, 2003): “My powerful plea is that the personal laws may be reformed from within, without a quantum leap into a common code. Remarkable changes in Islamic laws are possible without violating the Quran but adopting progressive hermeneutics.” The issue described as ‘triple talaq’ has unnecessarily been confused with the issue of a uniform civil code, thus thrusting India’s minority Muslim community into the defensive. But this dilemma is essentially a question of whether the Supreme Court can pronounce on an issue of personal law. It is my case that it not only can, but must.

Ruling in the Shah Bano case

The last time that Supreme Court sought to rule in a matter concerning personal law was in 1985 resulting in what has come to be known as the Shah Bano amendment. Shah Bano was married to Mohammed Ahmad Khan, an affluent and well-known advocate of Indore, Madhya Pradesh, in 1932. The couple had five children but after 14 years of marriage Khan took a younger second wife. For a time he lived with both, but when Shah Bano was 62, she was thrown out together with her five children. In April 1978, Khan even stopped giving her the paltry Rs.200 per month that is said to have been promised.

With no means to support herself and her children, Shah Bano petitioned a local court in Indore against her husband citing Section 125 of the Code of Criminal Procedure (CrPC), asking for maintenance of Rs.500 for herself and her children. Khan’s response: in November 1978 he pronounced an irrevocable talaq (divorce), taking the defence that hence Shah Bano had ceased to be his wife and therefore he was under no obligation to provide maintenance for her except as prescribed under the Islamic law, which was her mehr, promised on marriage, Rs.5,400 in all. While courts at different levels directed payment of different sums, all a mere pittance, holding that Section 125 of the CrPC applies to Muslims, in 1980 Khan took the matter in appeal before the Supreme Court claiming that Shah Bano was no more his responsibility because he had a second marriage, which was permissible under Islamic law.

The Supreme Court of India — in a two-judge Bench of Justices Murtaza Fazal Ali and A. Varadarajan who first heard the matter — held in light of the earlier decisions of the court that Section 125 of the CrPC did indeed apply to Muslims, referred Khan’s appeal to a larger Bench. Some Muslim quasi-religious bodies, namely the All India Muslim Personal Law Board (AIMPLB) and Jamiat Ulema-e-Hind, joined the case as intervener.

The matter was then heard by a five-judge Bench chaired by Chief Justice Y.V. Chandrachud and comprising Justices Ranganath Mishra, D.A. Desai, O. Chinnappa Reddy and E.S. Venkataramiah. In a unanimous decision of April 23, 1985 in Mohammed Ahmed Khan v. Shah Bano Begum and Ors. (1985 SCR (3) 844), the Supreme Court dismissed Khan’s appeal and confirmed the judgment of the high court. It held unequivocally that “there is no conflict between the provisions of Section 125 and those of the Muslim Personal Law on the question of the Muslim husband’s obligation to provide maintenance for a divorced wife who is unable to maintain herself”. There was no doubt, held the apex court, that the Koran imposes an obligation on the Muslim husband to make provision for or to provide maintenance to the divorced wife. Besides, Section 125 of the CrPC applies to all regardless of caste or creed. So Shah Bano had the right to be given maintenance money, similar to alimony. The court also went on to discuss the desirability of bringing a uniform civil code in India, holding that a common civil code would help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.

The clergy backlash

This judgment was vigorously criticised by the Muslim clergy. I was at the time a Director in the Prime Minister’s Office (PMO), dealing with matters concerning the minorities. I found on my table a slew of petitions and letters criticising the judgment and seeking government intervention to overturn a ruling which in their view irreparably compromised Muslim Personal Law. The principal spokesmen for the clergy were Obaidullah Khan Azmi and Syed Kazi, founding members since 1973 of the AIMPLB, which was set up to safeguard Muslim Personal Law as enacted. But on my table were letters, petitions, and memoranda from organisations of Muslim clerics from across the country.

The source of Muslim Personal Law in India is the Muslim Personal Law (Shariat) Application Act, 1937, a law that is a colonial anachronism enacted to win over the Muslim clergy from what was, thanks to the legacy of the war of 1857, a Muslim population largely hostile to the British. As acknowledged in the Statement of Objects and Reasons of the Act, it was in fact moved by the Jamiat Ulema-e-Hind, described in the Act as the “greatest Moslem religious body”.

In my note on the file, I had pointed out that the representations received were primarily from the clergy and seemed to arise from an apprehension that the ascendancy granted to them by the 1937 Act in matters concerning social relations amongst Muslims was under threat. And indeed the law does state in Section 2 that in matters concerning “intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law”. But I advised that the apex court had arrived at its decision after due reference to the provisions of the Koran. The government must respect the supreme character of that court and even if the arguments of the clergy in the matter are well founded, it is for the court to judge on their application, not the government and not the clergy. I suggested that a reply go to each of the petitions advising that the petitioners seek a review by the Supreme Court. The most that the government might do in this regard is to agree not to contest the review.

Roots of government intervention

It seemed awhile that this advice had been accepted, although no response was received to my suggestion that the PMO politely decline the request to intervene. Then one day as I entered Prime Minister Rajiv Gandhi’s chamber, I found M.J. Akbar sitting across his table. Rajiv smiled cheerily, “Come in, come in Wajahat, You are one of us.”

I found this greeting odd but was to discover the reason soon enough. Mr. Akbar had convinced Rajiv that if the government were not to contest the Shah Bano judgment, it would appear to the Muslim community that the Prime Minister did not regard them as his own. In what he perceived as the defence of their religious rights, Rajiv would show himself worthy of the support that the community had always placed in his family. This was the argument that Mr. Akbar developed in a Doordarshan debate with then-Minister Arif Mohammed Khan, in which Mr. Khan had argued that the Koranic provision or lack of it for maintenance was neither a compulsion nor closed to interpretation. But Mr. Akbar, more westernised, had argued that the Muslims needed the reassurance that only an amendment could bring.

A setback for Muslim women

The Muslim Women (Protection of Rights on Divorce) Act was adopted in May 1986 and nullified the Supreme Court’s judgment in the Shah Bano case. The Statement of Objects and Reasons of this Act clarifies that when a Muslim divorced woman is unable to support herself after the iddat period that she must observe after the death of her spouse or after a divorce, during which she may not marry another man, the magistrate is empowered to make an order for the payment of maintenance by her relatives who would be entitled to inherit her property on her death according to Muslim law. But when a divorced woman has no such relatives, and does not have enough means to pay the maintenance, the magistrate would order the State Wakf Board to pay the maintenance. The ‘liability’ of the husband to pay maintenance was thus restricted to the period of the iddat only.

The consequences of this Act are open to debate. Yet the message that it brings home is that the application of the usual law, as enunciated by the Supreme Court, would have been of greater benefit and extended to the Muslim woman the rights granted to other Indians. Worse, the Act generated a conflict of interest between the two principal religious communities of India, fostering hostility against each other and the government.

In today’s vitiated communal environment it would be best if the apex court were to take on the responsibility of interpreting the law in light of the widely excoriated practice of triple talaq, which in the view of many practising Muslims is not the law.

Wajahat Habibullah, a retired civil servant, has served as Chief Information Commissioner and Chairperson of the National Commission for Minorities.

Keywords: personal laws, triple talaq, Supreme Court, judiciary, uniform civil code

Source: The Hindu, 18-10-2016

otal Quality Management

VIJAY VANCHESWAR





Most of us believe that peace of mind comes from adequate achievements in the external world, despite what spiritual teachers tell us. We nurse a continuing apprehension about the future and towards those whom we perceive as obstructing our way . The Bhagwad Gita points out that one has the right to actions but not to their outcome. Christianity sums it as `Thy Will Be Done', and in Islam, Insha Allah, or `God Willing', refers to a greater Power.Interestingly , this truth has been highlighted in management sciences through subjects like Total Quality Management and Reengineering. The focus in the management disciplines is given to processes and not to results. We are advised that by giving attention to processes and means, the results take care of themselves. Adhering to processes is like abiding to one's dharma, or duty .
Ramana Maharshi clarifies it thus, “All activities and events that a body is to go through are determined at the time of conception. However, one is free not to associate with these events by abiding in one's true state through redirecting one's focus within, either through Self-enquiry or total surrender to the will of the Supreme.“
Doubt may arise as to whether we have this freedom, when we face the travails and uncertainties of life. The answer becomes clear when we understand that this is directed to the individual who is naturally drawn or inclined to spirituality and to the counsel of wise sages.Faith and patience will open your inner eye to the ever-present power of Grace.

Tata Trusts, GE Healthcare Join Hands to Train 10,000 Grads

Mumbai Our Bureau





Tata Trusts and GE Healthcare have entered into an agreement to train 10,000 graduates in various technical areas of healthcare over three years. The partnership will focus on bridging the skills gap in healthcare technical or operating staff.“Two entities are coming together to save millions of lives via affordable healthcare,“ said Ratan Tata, chairman of Tata Trusts. Tata Sons is the promoter of Tata companies and has significant shareholdings in these companies. About 66% of the equity capital of Tata Sons is held by philanthropic trusts endowed by members of the Tata family. Tata Trusts in `750 crore ) annualvests $125 million (.ly in philanthropy of which 25% is earmarked for healthcare .
“The partnership will leverage the leadership that Tata Trusts has in the areas of skilling and livelihood and GE Healthcare's expertise in designing and running technical courses in Healthcare,“ said Terri Bresenham, president of Sustainable Healthcare Solutions, GE Healthcare.
GE Healthcare Education Institute (GE HCI) will design, develop and ex ecute these courses through a mix of both classroom training and interactive training exercises. The courses will help people graduate as X-ray, Radiography, Medical equipment, Anesthesia, Operation Theatre and Cardiac Care technicians, as well as Diabetic Education counsellors.
The candidates will also undergo continuous assessment and internships during the course of this pro gram. Successful candidates, upon clearing the Healthcare Sector Skills Council (HSSC) exam, will be granted a certification from HSSC.
The candidates will be selected after a screening process and the course fee . 86,000 is made easier through loof ` ans and partial or full scholarships. In next three years, 10,000 candidates will get loan scholarships from Tata Trusts upon qualifying for the course.

Source: Times of India, 18-10-2016

Economic and Political Weekly: Table of Contents

Vol. 51, Issue No. 42, 15 Oct, 2016

Editorials

At the Brunt of Tuberculosis

Setting Repo Rate by Committee

'Lesser Evil' Electoral Reasoning

From 50 Years Ago

From 50 Years Ago: Veering Right

H T Parekh Finance Column

Public Sector Banks Are Adrift

T T Ram Mohan

Commentary

Muslim Women: Historic Demand for Change

Jyoti Punwani

Baby Kamble to Bama

Purnachandra Naik

China's One- or Two-child Policy

Madhurima Nundy

Framework for Issuing, Using, and Validating Identification Documents

Anupam Saraph, Lalit S Kathpalia, Anab Kidwai, Aniruddha Joshi

Sharit Bhowmik, 1948-2016

Virginius Xaxa

Scholar, Teacher, Activist

Indira Gartenberg, Mouleshri Vyas

50 Years of EPW

50 Years of EPW

Pranab Kumar Bardhan, Rajmohan Gandhi, Rahul Rao, Anand Patwardhan

Book Reviews

'Sexual States' and the Queer Struggle in India

Zaid Al Baset

Redefining Social Geography of Rajasthan

Thingnam Sanjeev

Perspectives

Ramananda Reviewed

Margery Sabin

Special Articles

Fiscal Transfers and Urban Policy

Gregory Pierce

Beech ka Raasta

Ashwin

Politics of the Guarded Agenda of National Education Policy 2015-16

Vikas Gupta

Current Statistics

Current Statistics

Appointments/Programmes/Announcements

Appointments/Programmes/Announcements

Letters

Rays of Hope in the Darkness

Rajagopal Devara

Departmental Coordination

Ashoke Kumar Das

Green Infrastructure

Pabitra Kumar Bag

MGNREGA Workers Not Paid

James Herenj, Jean Dreze, Balram, Gurjeet Singh, Jawahar Mehta

Web Exclusives

Internet Governance: Is the Internet Really Free of US Control?

Parminder Jeet Singh

UGC seeks public feedback for world class institutions

The University Grants Commission (UGS) has invited objections and suggestions, on a policy document on Establishment of World Class Institutions in the country.

The Centre drafted a proposal on world-class universities, seeking to grant them full freedom to decide their tuition fees and academic affairs.

Ten government-run and 10 privately managed institutions will be conferred world-class university status and get full exemption from the regulatory framework of the University Grants Commission (UGC).

These institutions will be free to fix tuition fees with facilities like loans and scholarships for the needy. At present, the fee in government universities ranges from Rs 20 to a few hundred rupees. It is about Rs 2 lakh per annum for BTech courses in IITs.

Government institutions are unable to hike tuition fees easily. Although their executive councils are empowered to take such decisions, the universities seldom do for fear of political repercussion.

The 10 government institutions that will be given world-class status will continue to implement the reservation policy. The private institutions are not expected to follow any quota.

According to the draft proposal, government and private institutions will have to apply for world-class university status. An empowered expert committee will examine the applications and make recommendations. If the UGC approves, the ministry will clear them.

These universities will be allowed to recruit faculty without following the UGC’s qualification norms. They can recruit foreign faculty up to 25 per cent of the total strength. They can admit up to 30 per cent foreign students. Since the institutions will not be bound by the UGC’s academic norms, they can design their own curriculum and courses. At present, the UGC prescribes a model curriculum to be followed by institutions.

These institutions will be free from any kind of inspection by the UGC.

UGC has also sought suggestions or objections, if any, on a policy document on Establishment of World Class Institutions.

The Commission has asked academicians and stakeholders to submit their feedback on the UGC (Declaration of Government Educational Institutions as World Class Institutions) Guidelines and UGC World Class Institutions Deemed to Be Universities Regulations, 2016.

The Ministry of Human Resource Development has formed the said policy documents with October 28 set as the last date for submitting feedback.

It may be noted Prime Minister Narendra Modi, in March, had reiterated his government’s plan to set up 20 world-class universities in the country.

As per preliminary plans, the government is expected to identify 10 government and 10 private universities and help them achieve “world-class standards”.

Source: Digital Learning, 10-10-2016

Dr Kalam remembered at IIM Shillong amidst the cheer of 'Nurturing Minds' and setting up of Dr Kalam Centre 

Shillong : Saturday, the 15th of October marked the 85th Birth Anniversary of our former president and persona par excellence, Dr APJ Abdul Kalam. On this momentous occasion, the IIM Shillong family came together in a celebration of the great personality in its own special way as the Institute hosted Dr MukulSangma, Hon’ble Chief Minister of Meghalaya, Shri V Shanmuganathan, His Excellency, Governor of Meghalaya, Shri Naveen Verma, Secretary, DoNER, Shri Ram Muivah, Secretary, North Eastern Council amongst other dignitaries. The duo presided over the signing of tripartite Memorandum of Understanding with the Ministry of DoNER and North Eastern Council for the setting up Dr. APJ Abdul Kalam Centre for Policy Research and Analysis at IIM Shillong as approved by the Ministry of Human Resource Development (MHRD). 

The build up to the event saw students from different B Schools share on social media, how Dr Kalam affected their lives and rekindle‘the Kalam’ in each one of them. An abstract art event was also organized for all the participants at the institute as a part of the celebration. 

The day started with a brain-storming session involving the dignitaries, students and faculty of the Institute. The agenda of the session was to formulate solutions for the myriad problems faced by Horticulture in the North-East and how the new Centre for Policy Research and Analysis can contribute towards the resolution of the same. 

As the Chief Minister addressed the gathering, he highlighted the need for a platform that can function as an aggregator for ideas. The message was reiterated by Shri Shanmuganathan, Governor of Meghalaya as he expressed his desire to rapidly develop the North- East and fully harness its tremendous potential and creativity. 

The day also marked the first anniversary of “Nurturing Minds”, the unique initiative of the institute that began on Oct 15, 2015, in memory of Dr Kalam to spread his lessons and promote his learnings. The program widely supported by the IIM Shillong community, and recognized across Shillong, currently reaches out to 60 children from seven schools in Shillong. To celebrate the occasion, a number of fun filled activities were lined up for the students including games and a short movie on Dr Kalam to rekindle the spirit of free thinking amongst the kids. An eye check-up camp was also organized in association with Bansara Eye Care Centre to bring in health awareness among the students. 

As the event drew to a close with the release of 85 balloons into the blue and white sky along with quotes by the great teacher, the IIM Shillong family once again renewed its endearing relationship with our beloved Kalam Sir and reveled in all that Dr Kalam has contributed towards the growth of youth and IIM Shillong in particular. 

Source: Indiaeducationdiary