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Monday, January 23, 2017

Transcend Anger



What do we do, generally , when we want to get something done or when we want to get rid of something? We vow not to do that and we think that the very act of taking a vow will help us in reaching our goal. We believe it will help us turn over a new leaf and we think it will help us live life afresh. But we forget that taking a vow is nothing but an embodiment of sheer unconsciousness; in fact, it is quite an unintelligent act. When we vow not to do something, it means we have not understood the issue -it simply means we are unconscious at that level. The act of taking a vow gives the message that we have not realised the things at the core of our heart. So, taking a vow is nothing but an act of repression or suppression.
When we repress something, it becomes an obsession, and obsession poisons our life.When we repress something, it goes into our unconsciousness and disturbs the very equilibrium, leaving us in deep misery .That's why the Buddha stressed consciousness. “Be conscious,“ he said. Buddha has said that when anger arises, listen to it, listen to its message. Keep alert, don't fall asleep. Keep alert that anger is surrounding you. You will then come to realise that you are not it, but you are the watcher of it. That is maturity and therein lies the key to overcoming anger.
Osho said that maturity has a fragrance. It lends tremendous beauty to the individual. It gives intelligence, the sharpest possible intelligence. It makes the individual nothing but love.

Friday, January 20, 2017

Indian data protection norms insufficient: report

Indian data protection laws are inadequate and only address some of the security, privacy and other issues addressed by similar laws in other countries, a report said.
The report, authored by Sreenidhi Srinivasan and Namrata Mukherjee, research fellows at Vidhi Centre for Legal Policy, analysed the current rules and norms in place for data protection.
“At a time when India is seeking to develop as a digital economy, it is imperative to have in place an effective regime for protection of personal information,” the report said.
India is pushing digital (and cashless) transactions, some linked to the biometrics-based Aadhaar number which has been assigned to around a billion Indians by the Unique Identification Authority of India.
The paper compared the Indian data protection regime with international ones and found it lacking on several counts.
The paper identified a lack of a statute expressly recognizing privacy rights of an individual and rights over their personal data, especially in an interplay with non-state actors and firms.
The Vidhi paper enumerated important components of a robust data protection regime: entities required to comply with data protection norms; the kind of information to be protected; consent for collecting information; and the individual’s right to access his or her information held by another organization.
The 77-page report also provided a framework for management of personal data, which could serve as a model for a data protection statute or be assimilated in the IT Rules.
The paper argued for extension of data protection to all personal data and not merely sensitive personal data (the first includes passwords, financial information, health conditions, medical history, sexual orientation, biometric information). It also suggested seeking consent of individuals before collecting all personal information.
Rahul Matthan, partner at Trilegal and a Mint columnist appreciated the work done by Vidhi on data protection, but says he’d like a model of data protection more suited to the Indian context.
“Their approach seems to be to analyse the way international statutes have been written and try to see what’s appropriate in the Indian context. While that is the global best practice for new sector legislation I think there is merit in also considering an approach that allows us to build something from the ground up which is appropriate for us in our context,” he said.
Matthan pointed to flaws in the consent model for protecting data. “For instance, the consent framework, which is a world standard, is universally recognized as flawed and very hard to administer given the amount of data being collected from us and in the context of the Internet of Things where machines collect data automatically,” he said.
Pranesh Prakash, policy director at think tank Centre for Internet and Society, said the paper did not delve into a 2012 report of a group of experts on privacy chaired by justice A.P. Shah. That report made suggestions including a technology-neutral law on privacy applicable to both government and private agencies. “I look forward to examining the report and working with Vidhi and others to advance a robust data protection regime in India,” Prakash said.

Source: Mintepaper, 20-01-2017

 

Play the new copyright act

Singers, composers are denied their due as music companies profiteer

 

A historic milestone was achieved in the Indian copyrights regime in 2012 during the tenure of Manmohan Singh, when Parliament extensively amended the Copyright Act, 1957, by making provisions that a portion of the earnings realised by music companies and film producers from the sale of film songs and other related materials will go to a corpus fund, which will be distributed among song writers, singers and music composers. The objective was to introduce a level playing field for different stakeholders in the music, film and other creative industries, eliminating unequal treatment to lyricists and music composers of copyrighted works.
But when I recently met Lata Mangeshkar in Mumbai, I was appalled to know that she is yet to get any payment under the amended Act; it is yet to be implemented. Finance Minister Arun Jaitley was present and assured Lataji that the government will implement this very soon.
Looking in-depth yields surprises. Several music companies have purchased copyrights of songs. There are more than 500 television channels in India, besides FM radio channels; every time these television or radio channels play a song, they pay these music companies who have purchased copyrights of the songs. In this way, the music companies earn hundreds of crores, from which they share a small portion with the film producers, making a huge profit from the rest. When Javed Akhtar became a Rajya Sabha Member, he took this issue to Parliament and appealed to the then-UPA government to suitably amend the copyright act so that lyricists, singers and composers can get their share and all the earnings don’t go to music companies. Javed Akhtar in fact took a vow that he wouldn’t speak in Parliament unless this legislation was passed; it was, despite stiff resistance from the music companies. As parliamentary affairs minister, I also made an effort for the passage of the legislation and ultimately, it became a reality. The new Act brought the Indian copyright regime in sync with technological advances and prevailing international standards. But the amendments did not go down well with music companies and producers. There is the strong hand of the Indian Performing Right Society (IPRS) behind non-implementation of the legislation. It seems there are many music companies behind this organisation; decades ago, they got an order from a court in Barasat and are now creating hurdles in implementation under the garb of this court order. When action was initiated against these companies by the Enforcement Directorate and Economic Offences Wing, they blinked and tried to meet Javed Akhtar for a compromise. No compromise has been reached but the hope is that some formula will be devised within a month or so.
Now, the question is, will the music companies give lyricists, singers and composers their share of the money they have earned during the last three years, after the new copyright act was enacted?
Even now, songs sung by Lata Mangeshkar, Mohd Rafi, Asha Bhosle, Kishore Kumar, etc., are on our lips. They still mesmerise millions around the world. Given that, I feel even sadder to think that we failed to ensure the dues to which these artistes are genuinely entitled. Next year, the 88-year-old Lataji will complete 75 years of her singing career. She started in 1942; the first song “Aayega aane wala” that became a huge hit was recorded in 1948. She was promised Rs 400 for this song — which she is yet to get.
Back then, neither singers, nor composers were given credit rolls or awards. Lataji says giving credit rolls to singers and composers started with “Barsat ki raat” by Raj Kapoor. With time, these artistes became popular across households, often through All India Radio, Vividh Bharati and Radio Ceylon. But despite that, today, senior singers and musicians live in a pitiable condition. Shamshad Begum even died, lacking vital treatment. The eminent poet Sahir Ludhianvi lived a miserable life. After his death, his flat was sold by his housing society; his manuscripts and awards were also sold by the society to scrap dealers. Lataji lives in a simple Pedder Road flat, her furniture witness to her frugal living.

The situation has changed now. Today, singers like Mika Singh earn more than what Mohd Rafi or Mukesh got. Javed Akhtar’s battle culminated in the new copyright act.
If this act is not implemented because of hurdles created by music companies, it is erroneous. All stakeholders, including artistes, composers and broadcasters, should get their dues. Artistes should get their share from television, radio and internet broadcast too. The present government should immediately implement the act, for which it will be blessed by senior artists who have been, and are still, contributing to India’s cultural heritage.
 Written by Rajeev Shukla |

The author is a member of Parliament and former union minister. Views expressed are personal
 
Source: Indian Express, 20-1-2017

Which male is to be trusted? 

In this time of egregious offences against women, some touch-and-go experiences

As I leave after a philosophy lecture, a man I only just met there asks me where I live. I clam up for a minute, and then tell him that it is an inappropriate question to ask a woman at 8 p.m. He replies that I am carrying emotional baggage as he meant to be caring of me. I feel the usual frustration at being blamed by men for setting boundaries as a woman. I think being caring in India is often used as a cloak for being curious.
I lately see myself reacting to strange men and strange situations with fear. My experiences have validated the society’s view that women best avoid the unknown. I think there is a lack of awareness and empathy on the part of men on certain aspects of a woman’s life, which is well- known to her sisters. That strangers in public spaces are not to be engaged with is a well known maxim. The New Year’s-eve molestation of women in Bengaluru brings this issue glaringly to the forefront. However, approaching known men is also quite awkward at times. In fact, negotiating men and connections can get so confusing that there is a tendency on a woman’s part to declare all men questionable until proved otherwise.I used to think older men safe, the friends of fathers. One of them, whose daughter was my age, asked me if I would dress up for him. That hit me out of the blue. There was a neighbour uncle, a grandfather even, who kept insisting he would visit my house when no one else was around. I didn’t have the courage to question him further on his intentions. I keep my distance from older men now, make sure to always address them as “uncle”, and preferably meet them only when their wives are around.
I used to also think that married men were safe to talk to. Recently, the husband of a friend sent me an inappropriate message about my Facebook photo. One man kept saying he wanted to go for massages with me while I was his wife’s therapist. I cut that unfortunate lady abruptly out of my life, for no fault of hers.
Before you get the idea that I am myself a bombshell, let me set the record right. I am just the average-looking adult woman with maybe a sense of style. Men in general, it seems to me, are often led by uncontrollable sexual urges that they really have to work to keep in check. There are the good men, the ones that extend respect to women, treat them right and are safe. However, I doubt whether even he good men are aware of this part of an adult woman’s life, the need to respond to the scary sexual energies of men all around her in society.Dating has arrived suddenly in India with the Internet. Tradition is merging with modernity. Matrimonial sites, however conservative they may sound, can themselves be a risk for a woman. One can date a guy from a matrimonial site and be forced into starting a physical relationship with him, with marriage itself becoming a mirage. Dating apps such as Tinder make communication between men and women more honest and less hypocritical. Romance seems to have become old-school.
Hookups, that is, sexual liaison for a short time, seem to be the popular demand. If indeed our young women are bold enough to venture out with unknown men into awkward places facing social disrepute, I have only to recommend they be given an award for bravery. Personally, I do not think the satisfaction worth it, but again, my thoughts seem to have become old-school and passe.
I can immediately hear the elders telling us that the sexual energy is the reason for the separation of the sexes in some schools, and early marriage. So that the adult woman can live a life of respect and dignity. Indeed I agree that a good marriage can be a boon.
However, should a woman live in a straightjacket so as to live with dignity? Does not a woman deserve to be at least as free as the man and as safe? Is it not theresponsibility of the man, being the physically stronger gender, to treat those less strong appropriately?samatha.express@gmail.com

Source: the Hindu, 9-01-2017

 

DefiningIndianness

Doing an internship at the University of Lille in France, I almost always found myself stuck whenever I had to speak to non-Indians about India or on anything ‘Indian’. This was more because of the subtle differences in the way the French understood India in comparison to what I thought was ‘Indian’.
For instance, when I, or any Indian for that matter, say ‘Hindi’ is an Indian language, what it means is that it is one of the languages widely spoken in India. This need not be similar to the understanding that the French would have when they hear of ‘Hindi’ as an Indian language. Because for them Hindi then becomes the only language spoken in India. This is a natural inference that the French, Germans, Italians and many other European nationals would tend to make, because that is generally how it is in their own respective countries.
The risk of such inappropriate generalisations made about ‘Indian’ is not restricted to language alone but also for India’s landscape, cuisine, movies, music, climate, economic development and even political ideologies.
Most often I have felt that Indians should be wary when the term ‘Indian’ is so casually used, because of the risk this involves in missing the country’s sheer richness. Imagine hearing a song in .wav format after converting it to .mp3 format. The conversion doesn’t change the song but only its richness.
The magnitude of diversity of one European country can be easily compared to that of one of the Indian State, isn’t it? Can they imagine that India is one country whose diversity can be equated to that of the entire European continent?
The onus is upon us to go ahead and clarify the nuances in ‘Indianness’ while we converse. But why should one do so? How does it even matter to clarify?
Another interesting aspect: how many Indians would even be aware of India’s diversity from its northern end to the southern region, and from west to the north-east?
In this regard, the Europeans are more often than not far better than us; they know their country better than us. Therefore their love for their own country has more meaning than the hate some Indians have for India!

Source: The Hindu, 20-01-2017

Don’t add Hindi dialects in Eighth Schedule, say academics 

In the wake of demands to add dialects of Hindi, like Bhojpuri and Rajasthani, in the Eighth Schedule of the Constitution as full-fledged Indian languages, a group of Hindi professors have written to Prime Minister Narendra Modi requesting that status quo be maintained.
Teaching at various universities across India, these academics argue that Hindi’s prime strength is the large number of its speakers. Recognition of its dialects as separate languages would deprive Hindi of millions of its speakers. There would eventually be no Hindi left, they fear.
This development comes months after Union Minister Arjun Ram Meghwal said in Bikaner that Rajasthani would be added to the Eighth Schedule. As late as December, 2016, Bihar Chief Minister Nitish Kumar had raised a similar demanded for Bhojpuri.
“Eighth schedule means independent identity of a language. What will remain of Hindi if its key dialects are recognised as separate languages? The only reason Hindi has its status as official language is that it has the highest number of speakers,” professor Amarnath, who teaches in the Hindi department of Calcutta University, told The Hindu.
“Hindi is on the brink of a split today. Some people with vested interests have begun to demand that Bhojpuri be placed in the Eight Schedule of the Constitution. Delhi BJP leader Manoj Tiwari has made this demand in Parliament and outside,” says the letter to Mr. Modi. “If Bhojpuri is separated from Hindi, it will not take long for Braj, Awadhi, Chhattisgarhi, Rajasthani, Bundeli, Magahi and Angika to become separate languages... In fact, Bhojpuri does not have a single text that can match Ram Charita Manas, Padmawat or Sur Sagar.”
A hundred and thirteen Hindi academics and writers from across India are signatories to the letter, which has also been sent to Home Minister Rajnath Singh.

Source: The Hindu, 20-01-2017

 

Safe childhoods for a safe India 

Though belated, the decision to ratify two key ILO conventions on child labour makes clear India’s intent of zero tolerance for the exploitation of children

After a long wait of almost two decades, the Government of India finally decided last week to ratify the International Labour Organisation (ILO) Convention 182 on the worst forms of child labour and Convention 138 on Minimum Age of Employment.
I would like to congratulate Prime Minister Narendra Modi and the Ministry of Labour and Employment on the firm decision which will soon catapult India from the status of a ‘developing’ nation to a ‘developed’ one. Most of all, I would like to congratulate the children of our country. This decision will have a path-breaking impact on the lives of those who are forced to remain on the margins of society and subject to exploitative conditions. About 4.3 million children wake up to a day of labour and not school. Another 9.8 million are officially out-of-school.
Child labour perpetuates illiteracy and poverty. It is the root cause of organised crimes such as human trafficking, terror and drug mafia. However, today, I feel optimistic and am experiencing a sense of fulfilment and satisfaction similar to what I experienced in 1997.

An African epiphany

I was about 50 kilometres away from Abuja, the capital city of Nigeria. The place I had travelled to was a high-risk zone, particularly for foreigners and those travelling alone. I was both, but I made the journey because it was important to identify individuals and organisations to join me for a physical march that would put forth a demand for an international law to ban the worst forms of child labour.
By the time I reached the place, it was already dark and the local NGO had closed for the day. Since I was travelling with my passport and some money, I had to find shelter for the night, especially with men of dubious character stalking the area. Not left with a better alternative, I hid in a thick shade of bushes. When dawn arrived with the sound of the azan (the Muslim call for prayer), I found a way to interact with those returning from prayer. Through signs and actions, I brought them closer to the cause I worked for. A young man who understood a little English helped convey the message. After which, he very kindly dropped me back to the city.
A few months later, closer to the date of the march, I received a letter from the local NGO pledging support. They asked, “What did you do? What did you tell them?”
I learnt that after my interaction all children of the ghetto were put in school and pulled out of labour by those I conversed with. I had found the crux of the march. It was the language of compassion and humanity that would help accelerate the global movement against childhood exploitation.
The march began in January 1998. We traversed 80,000 kilometres across 103 countries and became a strong group of 7.2 million marchers. The Global March Against Child Labour, as it came to be called, culminated finally in Geneva on June 1, 1998 where the ILO conference was in session. We put forward our demand for an international convention to ban the worst forms of child labour. The voice of the marchers was heard and reflected in the draft of the ILO Convention 182.
In June 1999, delegates of the ILO unanimously adopted the convention. It was the first time that a convention or treaty had been adopted with the full support of all members. Over the years, I have spearheaded its ratification by member nations. With 180 countries having already done so, it has become the fastest-ratified convention in the history of ILO. This clearly shows that support for the movement against child labour is gaining momentum worldwide.


Clearing the hurdles

The main bottleneck in the way of India ratifying Conventions 182 and 138 was addressing forced or compulsory recruitment of children and appropriately raising the age of employment in hazardous occupations from 14 to 18 years. Consequent to the passing of the Child Labour (Prohibition and Regulation) Amendment Bill, 2016 by the Indian Parliament prohibiting the employment of children up to 14 years of age, and children up to 18 years of age in hazardous occupations, it was imperative that we ratified Conventions 182 and 138. Moreover, our failure to ratify the two conventions, which are two of the eight core labour conventions, despite being a founder-member of the ILO, reflected poorly on us as a nation.
My sense of achievement is heightened with India finally ready to join the fight it started. Our decision to ratify the convention makes our intent clear. We will not tolerate the exploitation of children any longer. As a matter of urgency, the government will take immediate and effective measures to prohibit and eliminate the worst forms of child labour: child slavery (including the sale and trafficking of children, debt bondage, and forced recruitment for armed conflict), child prostitution and their use in pornography, use of children for illicit activities child prostitution and their use in pornography, use of children for illicit activities such as drug trafficking, and exposure to any hazardous work which is likely to harm the health, safety or morals of children.
An ideal law guides the way and doesn’t dictate. Under the provisions of the ILO Conventions 182 and 138, India will not adhere to a fixed deadline by which the worst forms of child labour must be eliminated. It will ultimately depend on the level of moral courage, public concern, social empathy, political will and the implementation of resources invested in the development and protection of children.
We cannot alter the circumstances overnight. To achieve great reforms, one must continue to move in a singular direction with sincerity. Our government has shown steadfastness and strong resolve to uphold the rights of our children, and so must we.
Investment in children is an investment in the future. Safe childhoods for a safe India.


Nobel Peace Laureate Kailash Satyarthi is the founder of Global March against Child Labour and Kailash Satyarthi Children’s Foundation.

Source: The Hindu, 20-01-2017