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God says goodbye to ODIs                                         Katie Holmes
                                                                                      Dreams of skating |
                     Sachin has announced retirement from
                                                                                      Charge sheet filed against Saif
                     one-day cricket | PaGe 11
                                                                                      PaGe 7



D Divya
D
Daring & Dynamic                                                                   Delhi                   national english weekly
               NEW DELHI | www.divyadelhi.com | E-mail: info@divyadelhi.com | December 24, 2012 | Page 12 | Vol. 1 No. 3 | ` 5 |




                                      India                                                            T
                                                                                                                 he recent
                                                                                                                 gang rape
                                                                                                                 in Delhi has




       demands
                                                                                                                 sent ripples
                                                                                                       across the country.
                                                                                                       Protests are reported
                                                                                                       from across the country
                                                                                                       demanding justice for
                                                                                                       the victim. A report




   justice
                                                                                                       by Novita Singh says
                                                                                                       that the gory crime
                                                                                                       has not only angered
                                                                                                       India but raised some
                                                                                                       questions which need
                                                                                                       to be answered if India
                                                                                                       wants to remove tag of
                                                                                                       ‘the worst place to be a
                                                                                                       woman’ from her fore-
                                                                                                       head. Page 2
                                                                                                               photo by Arush Bhatt


   NATION                              Op-ed                                                   Business & economy
   Can politicians prove.....          Is Indian customer really a king?                       Banking Amendment: boon or bane?
   Reports Rajesh Chauhan              Third Eye By Harish Barthwal                            Reports Bhumika Bhargav
   PaGe 3                              PaGe 5                                                  PaGe 10
2   lead story                                                                                           DIVYA DELHI | New Delhi | December 24, 2012




    ‘Rare’rape raises Qs                                         sent ripples across the country. Protests
                                                                 are reported from across the country. In
                                                                                                                 amendments to law, various national
                                                                                                                 level organizations and various non-
                                                                 Delhi, It wasn’t just India Gate - protest-     government organizations too have over
                                                                 ers breached the Rashtrapati Bhavan, the        the years tried to find a solution to it.
                                                                 Delhi Chief Minister’s residence was            Alternate perception based campaigns
                                                                 picketed and at 10 Janpath, Sonia Gan-          like Blank Noise and Slut Walk too have
                                                                 dhi’s residence, people were detained.          tried to do their part by bringing out the
                                                                    The very same week there were in-            rape and molested victims out in the
                                                                 stances of rape and other crimes reported       open. However, things don’t look better
                                                                 in other parts of the country. A crime in       but just the contrary.
                                                                 an urban space receives more attention             Suggestions ranging from anarchy for
                                                                 because of the urban presence of news           the system to capital punishment and
                                                                 organizations and the urban tech savvy          chemical castration for the offenders
                                                                 breed of people that are constantly ex-         have been offered. It’s a general belief
                                                                 pressing themselves over the social net-        that if the punishment is stricter then the
                                                                 working sites that gives an issue interna-      perpetrators of crime will fear and not
                                                                 tional audience.                                commit a certain crime. But, it has been
                                                                    What is evident is that irrespective         found that even harsher punishment
                                                                 of the geographical location, safety of         doesn’t stop individuals from commit-
                                                                 women is an issue in this country. As of        ting crimes. Moreover, punishment
                                                                 October 2012, as many as 963 rape cases         becomes meaningless when it is late.
                                                                 await trial in six districts of Delhi. First-   But, the general rage that is sweeping
                                                                 post India reports, “Delaying tactics by        across the nation only sees a population
                                                                 the defence, adjournments on frivolous          that is confused and angry and wants to
                                                                 grounds, insensitive public prosecutors         feel safe. Many fear sending their own
                                                                 and overburdened courts, say criminal           daughters, sisters and friends alone at
                                                                 lawyers, are some of the reasons why            any point in the day for the sheer safety
                                                                 rape cases carry on for years without           concern. But then does restricting the
                                                                 any hope of justice.”                           mobility of an individual and creating
                               Novita Singh                         But, what is also important to look          fear solve anything in the whole equa-
                                                                 into is that what gets qualified as a rape      tion. If not then where does the answer
                 INDIA: The rare and gory gang rape of           case. Rape as a criminal act falls under
                 a 23-year-old paramedical student in a                                                          lie?
                                                                 Section 376 of the Indian Penal Code               The answer to it lies in everything -
                 moving bus in the heart of the national         which is punishable through life impris-
                 capital has not only angered India but                                                          from our schools to our media, from our
                                                                 onment. An act of forcible penetration          laws to our governance. But, more than
                 raised some questions which need to be          carried out by one or more people com-
                 answered if India wants to remove tag                                                           anything it lies in our upbringing. We are
                                                                 bined with assault is described as rape.        the preachers, perpetrators and the audi-
                 of ‘the worst place to be a woman’ from         However, there are instances where the
                 her forehead.                                                                                   ence of the best kind of hypocrisy. We
                                                                 law has been misappropriated to accuse          worship goddesses but aggrandize only
                    As Delhi continued to lead the unprec-       an individual for a crime not committed.
                 edented countrywide protests against                                                            our male gods in public forums. Woman
                                                                 For instance, it has been observed that
                 Delhi gang rape, a three-year-old girl                                                          as an entity is never an isolate figure but
                                                                 certain women indulge in consensual
                 was raped in a play-school in West Delhi                                                        an extension of her male counterpart–be
                                                                 cohabitation and then later file charges
                 by the husband of school owner. What                                                            it our literature or religion, and if she is
                                                                 of rape against their sexual partners, if
                 does this show? It shows the general per-                                                       in isolation then she better be a warrior
                                                                 their relations go awry or if they want to
                 ception in India that “you can get away                                                         goddess or a movie star. From our re-
                                                                 take revenge. The police and courts also
                 no matter what crime you do”. This                                                              gressive television, dailies and stereo-
                                                                 sense ‘foul play’ as soon as such cases
                 perception is a direct challenge for the                                                        typical advertisements to our need to re-
                                                                 come before them, but such ‘misuse of
                 governments, judiciary, police and other        laws’ also blocks the prospects of the          serve seats for women along with senior
                       law enforcement agencies. But, the        justice for real rape victim. As India          citizens and handicapped in our public
                                people must understand that      is about to make rape a gender neutral          transport – everything reeks of hypoc-
                                      nation of self-centred     offence, it is high time the government         risy. The issue can never be resolved
                                         citizens      seldom    ensures that the ‘betrayal’ shouldn’t be        because we are always curbing the
                                           makes history.        treated at par with rape.                       problem, never curing it. We want our
                                               “Men      abuse      However, the ground reality remains          girls to be educated but not liberal. We
                                             women in every      that rape as an offence is on the rise          teach them to talk but not to question.
                                             society, but few    along with the host of other crimes             Which is why, it is not about whether we
                                             males do it with    against women. Women in India are               were one of the first nations to have a
                                            as much impunity,    unsafe and the issue is only worsening          female prime minister or had a female
                                           violence and regu-    with time. National Crime Records Bu-           president in the last term. It is about if
                                         larity as the Indian    reau in India records a hike of 7.1 % in        we can see our girls and women exer-
                                        male,” observed col-     crimes against women between 2010               cising their right to choose, to live free
                                     umnist Samar Halarnkar      and 2011 – a total number of 228,650            from societal obligations and to voice as
                                   after the gang rape. What     crimes against women. But there can be          much as she wants without branding her
                                 is it that makes this country   various speculations behind the reason          as a prostitute. It is about our mentality,
                               as a global poll of experts in    for the same but more than everything           about our understanding of women and
                            June 2012 suggested, “…the           it has to do with the status of women in        their space. It is about acknowledging
                           worst place to be a woman.” In-       this country.                                   that “she” is not just a mother, wife, sis-
                         dia ranked below Saudi Arabia in           Few months back, an article in The           ter and a daughter but an individual. It is
                      the poll, a country that recently al-      Guardian said that as per the report of         about understanding that every time we
                    lowed its women to drive. But what is        the International Center for Research           teach our children about women’s space
                  that makes the world’s largest democ-          on Women, 45% of Indian women are               in a conventional framework, we are
                 racy the most unsafe place for women?           married before the age of 18 and a re-          perpetrating the chain of thought – the
                    To name few, crimes against women            search from Unicef in 2012 found that           chain of thought that leads our women
                 range from rape, homicide for dowry,            52% of adolescent women think its jus-          to be treated as objects, that contributes
                 molestation, trafficking. The Hindu re-         tifiable for a man to raise his hand on a       to them and their presence being under-
                 ported this week that the number of rape        woman and 57% of adolescent men feel            stood as only to fulfill the demands of
                 cases in Tumkur district in Karnatka is         the same. Over the past three decades 12        the opposite gender. And yes, we must
                 on an increase and that many go unreg-          million girls have been aborted because         teach our boys something better – teach
                 istered because of the vague tradition          of the preference of a male child. In es-       them to understand women, teach them
                 of attaching the family’s honour to the         sence, this country suffers from a suffo-       to hear their wives and daughters and
                 girl. The same day The Times of India           cative patriarchal air.                         teach them to not look at them as sheer
                 reported that rape cases against teenage           Various solutions have been debated          objects but more than anything we as
                 girls in Mumbai rose by 29% this year.          and deliberated over for decades to hin-        a society need to be learning a lot and
                    The recent gang rape in Delhi has            der the crime against women. Various            working on it together.
DIVYA DELHI | New Delhi | December 24, 2012                                                                                                              nation               3

Can politicians prove protestors wrong?
                   N E W
                   DELHI:
                   A       23-
                   year-old
                   bubbling
                   girl      is
                   raped by
                   a barbar-
By Rajesh Chauhan ic gang
of monsters in a moving
bus and thrown out of the
bus along with her beaten
friend, in the national
capital. The girl battles
for her life in a hospital
and despite being unable
to speak, she questions
first thing to her parents
in writing: have they (rap-
ists) been caught? ‘They
should be punished” she
wrote other day. And fi-
nally, “I want to live”.
The gory rape saga rages
India, and Delhi becomes
the epicenter of the coun-
trywide protests.
   Angered citizens, main-
ly young girls and boys,
came out on streets and
walked towards homes of
Congress President Sonia
Gandhi, President Pranab
Mukherjee, Delhi Chief
Minster Sheila Dikshit,
and headquarters of Delhi
Police. While Sheila Dik-                                                                                                                            photos by Arush Bhatt
shit, the longest serving
chief minister of Delhi,
has tried to save her skin                                                                                                Minister Sushil Kumar           of these incidents were
in providing security to              Twitterati                                                                          Shinde is has disappeared
                                                                                                                          from the scene as though
                                                                                                                                                          without any violent provo-
                                                                                                                                                          cation from the protesters.
the women by saying that
“Delhi Police is not under                                                                                                such horrific rapes are nor-    The RAF would appear
Delhi Government”.
                                            	 Nikhil Kharoo @nkharoo: “Gangrape victim in the ICU                         mal in India.                   in hundreds every hour
   Congress President Sonia                   has spoken more words than PM in last 3 days..!!” -                            At the time of filing this   or so and Lathi charge the
Gandhi has done her bit by                    Forwarded message by a friend.” #DelhiProtests                              report, a major develop-        public, provoked or other-
meeting the protestors twice                                                                                              ment indicated that Delhi       wise,” he writes.
and assuring them of suit-                                                                                                Rape Protest may also die          It was also alleged
able and prompt justice to                  	 aanchalsethi @aanchalsethi: “its sad we live in a de-                       down like earlier spontane-     that the Akhil Bharati-
the horrendous rape victim,                   mocracy where we want our leaders to speak. but all                         ous mass movements: the         ya Vidyarthi Parishad
who continues to be critical                  they do is close doors while the nation protests.”                          peaceful protest at India       (ABVP), the student wing
and doctors are subjecting                                                                                                Gate turned violent! Delhi      of the Baharatiya Janata
her to various tests at the                                                                                               Police say it is the hooli-     Party (BJP), and the Na-
time of filing of this report.              	 shadan @shadanmd: “A mass protest of this nature                            gans who have taken cen-        tional Students Union of
   “We are subjecting her                     needs to be dealt politically and through dialogue...not                    tre stage and are molesting     India (NSUI), the student
to all examinations and                                                                                                   girls and attacking police      wing of the Congress,
                                              by enforcing administrative measures.” #delhiprotests                       and Rapid Action Force.         tried to hijack the sponta-
procedures. She contin-
ues to be critical,” Dr B                                                                                                 Eyewitnesses tell a differ-     neous and peaceful mass
D Athani, Medical Super-                    	 Prakash Sharma @Prakash_Sharma: “NSUI should be                             ent story. An eyewitness,       movement.
intendent of Safdurjung                       boycotted by all students for its attempt to politicize                     AGhambhir, wrote on his            Though the protestors
Hospital, told PTI on Sun-                                                                                                blog (http://crispybabelf-      have been chased away
day.
                                              #DelhiProtests”.                                                            ish.blogspot.in/2012/12/        by the police from the VIP
   Doctors had said on Sat-                                                                                               images-from-india-gate-         areas and other sites like
urday that the rape victim        nary danger of going in     to connect chord with the      too little, too late.        when-protest.html) that         India gate, but they have
is psychologically “com-                                                                                                  it was RAF being violent        given a message to the
                                  front of angered protes-    youth of this country. But,       Politicians have also
posed and optimistic”                                                                                                     without any provocation.        VIPs: we know you are
about her future and has          tors?                       he has missed the chance.      taken back stage after de-   “While I was there, I was       hypocrites. Now the ques-
started communicating.               Even politically, this   Even if he comes into the      livering emotional speech-   tear-gassed thrice and hit      tion is: can politicians
   Congress’ youth icon           was the chance for Rahul    scene, it will be considered   es in the parliament. Home   with a Lathi once. All four     prove protestors wrong?
and prime minister in
waiting, Rahul Gandhi
and Prime Minister Dr
Manmohan Singh have
not done what they were
supposed to do.
   Manmohan              Singh
should have addressed the
raged nation that the gov-
ernment would come down
severely on the wrongdo-
ers. Instead, he met only
with women MPs on the
issue and assured them of
justice to the rape victim.
   Rahul Gandhi is sur-
prisingly absent from the
scene. Have his advisors
warned him of the imagi-
4           editorial                                                                                                                  DIVYA DELHI | New Delhi | December 24, 2012




Time to send criminals where they belong to
I
     ndia is raged over the grue-                                           hatma Gandhi’s three monkeys             Pradesh, one of BJP namely            India one can easily guess how
     some rape of a 23-year-old                                             when it comes to fielding their          Jethabhai G.Ahir from Gu-             hard it is to prove ‘powerful
     medical student in national                                            candidates.                              jarat and one of TDP namely           accused’ guilty.
capital. Currently the media                                                   A report by Association for           Kandikunta Venkata Prasad                But, then shall society keep
is reporting about the outrage                                              Democratic Reforms (ADR)                 from Andhra Pradesh. Thirty-          quiet? No. It is high time that
over the gang-rape but how                                                  has once again highlighted the           six other MLAs have declared          India takes a pledge that no
long will it last? Till perhaps                                             double-standards of the politi-          that they have other charges          criminal finds place in state
something else newsy turns up                                               cal parties. It reveals that since       of crimes against women such          assemblies or parliament. Time
and perhaps until the next such                                             2007, political parties gave             as outraging the modesty of a         is ripe to force the political
or worst happens. It is also a                                              tickets to 27 rape accused to            woman, assault, insulting the         parties to drop those candidates
fact that this is not the first time                                        fight in state elections. The re-        modesty of a woman etc.               who have been convicted or
and the last time that a minor                                              port stated that political parties          Out of the 260 candidates          accused of rape and sexual
girl or a major girl has been                                               had also given tickets to 260            who declared that they have           assaults. The voters should take
raped. Leave apart strangers,                                               men who were charged with                been charged with crimes              a pledge that they won’t vote
over the years there have been                                              other crimes against women,              against women, 72 are inde-           for even honest candidates of
cases of fathers, step-fathers /                                            including molestation. Six               pendent candidates, 24 have           those parties which even field
uncles / grand fathers, neigh-                                              MLAs have declared that they             been given tickets by the BJP,        one candidate of a criminal
bours coming from differ-              least our assemblies and parlia-     have charges of rape against             26 candidates have been given
                                       ment shut doors for the crimi-                                                                                      background.
ent classes and religions in                                                themselves in their sworn                tickets by the Congress, 16
different countries, raping the        nals. At least political parties     affidavits submitted with the            have been given tickets by the
ones who trust them the most.          come out in open and pledge
                                       that they won’t field even al-
                                                                            Election Commission of India             SP and 18 have been given               Letter To The Readers
If that has happened over the                                               at the time of their election. Of        tickets by BSP.


                                                                                                                                                             W
generations, how can this be           leged criminals as their party       these six MLAs with declared                It is unfortunate that election                e have launched
stopped? Or, can it ever be            candidates. Because, with the        rape cases, three are from Sam-          law only bars those convicted                     Divya Delhi, a
stopped?                               political parties trying to garner   ajwadi Party namely Sribhag-             from contesting, but those fac-                   National English
   Without going into the              public sympathy over the Delhi       wan Sharma, Anoop Sanda and              ing criminal charges, no matter         Weekly with a tagline ‘Dar-
towering task of providing             gang rape (and perhaps votes         Manoj Kumar Paras from Uttar             how heinous, face no such               ing and Dynamic’, on the
a consensus answer to these            in the next election), they have     Pradesh, one from BSP namely             impediment. With the current            occasion of World Human
questions, it is high time that at     over the years acted like Ma-        Mohd. Aleem Khan from Uttar              judicial and political system in        Rights Day, 2012.
                                                                                                                                                                With this, we have exer-
                                                                                                                                                             cised our right of speaking
                                                                                                                                                             up for the Nation, You and


     Law doesn’t     Future of Instagram
                                                                                                                                                             as well as for Ourself.
                                                                                                                                                                Now, the ball is in your
                                                                                                                                                             court as it is your turn to


  define eve-teasing T
                                                                                                                                                             Act. If You are happy, good
                                                                                        he online consum-              no intention of selling your
                                                                                                                                                             for You and we wish You re-
                                                                                        ers all over the world         photos, and we never did. We
                                                                                                                                                             main happy forever.
                                                                                        were shocked when              don’t own your photos – you

   in proper terms
                                                                                                                                                                However, if You are con-
                                                                                they heard that Instagram, the         do.”
                                                                                                                                                             cerned about the state of
                                                                                mobile-application company                 To help clear confusion,          affairs affecting Our na-
                                                                                which allows participants to           Instagram lets you compare            tion,
                                                                                share photos, was planning to          the old TOS with the updated             Your city, Your colony,
Main Toki                              or with fine or with both.               sell their photographs to the          one. Most of it is legalese, but      Others, You and Your fam-
                                           We live in a time where the          advertisers.                           the key thing to note is that


T
                                                                                                                                                             ily then kindly Act: Contact
                                       eve teasers roam about in multi              Instagram on December 17           Instagram still exercises the
        he law doesn’t even define                                                                                                                           Us!
                                       million cars, use high-tech gad-         said that that it has the perpetu-     right to license your photos in
        eve-teasing in proper                                                                                                                                   For, we are looking for
        terms. So how do we            gets and stab people in the public       al right to sell users’ photo-         any way it sees fit, but not sell     people who React when
expect to punish culprits and          who resist eve-teasing (Yes              graphs without payment or              them and take your right to           something goes wrong but
give justice to the victim’s when      its true. Read Keenan case for           notification, a dramatic policy        claim ownership. More info is         don’t Act in the absence of
the very term isn’t even defined?      details) and the fine amount still       shift that quickly sparked a           also available in the service’s
                                       remains Rs 2000-Rs 5000 with                                                                                          a right tool and platform.
We do have some laws but they                                                   public outcry. But, after the          official privacy policy.                 We are also looking for
just seem for namesake and are         the jail term being 3 months,            netizens cried foul, Instagram             For those that don’t know,
                                       how hopelessly impractical is                                                                                         thinkers, scholars, aca-
toothless.                                                                      instantly changed its tone.            Instagram was recently bought         demicians, professionals,
    1. Section 298 (A) and (B)         that?                                                                           by Facebook, and the photo-
                                                                                    Instagram co-founder                                                     students, bureaucrats, vi-
of the Indian Penal Code (IPC)             We are so busy deciding
                                                                                Kevin Systrom published                based social network has start-       sionary politicians etcetera
sentences a man found guilty           laws which take control of our
                                                                                a new blog post detailing              ed investigating plans to mon-        to provide us opportunity
of making a girl or woman              personal lives (Sec 399) that we
                                                                                the service’s updated stance           etize. The location metadata          to work with themselves to
the target of obscene gestures,        don’t have time to think about
                                                                                on content ownership and               associated with photos you            meet Our Motto of contrib-
remarks, songs or recitation           problems as serious as Eve teas-
                                       ing which poses danger on each           privacy:                               share on Instagram is valuable,       uting in the larger interest
to a maximum jail sentence of                                                       “Going forward, rather than        and Instagram has the right           of the India and World.
three months. Section 292 of           and every women stepping out
                                       of the house. There is a serious         obtain permission from you             to share what it knows about             We also require report-
the IPC also clearly spells out                                                 to introduce possible advertis-        you (including pictures of your       ers, trainee reporters, copy-
that showing pornographic or           need to revamp the law on eve
                                       teasing beginning with actually          ing products we have not yet           latte art, sunsets, kids, etc.)       editors and photo journal-
obscene pictures, books or slips                                                                                       with potential advertisers. This      ists to work with us.
                                       defining it.                             developed, we are going to
to a woman or girl draws a fine
                                           We can go on discussing              take the time to complete our          is no different than the way
of Rs. 2000 with two years of                                                                                                                                Editor
                                       the laws and the flaws, giving           plans, and then come back to           Facebook or Google works.
rigorous imprisonment for the
first offender.                        opinions, holding candle light           our users and explain how we           In fact, there’s probably less
    2. For repeated offence there      marches, forming NGO’s but the           would like for our advertising         personal info to be gleaned
is a fine of Rs.5000 with five         question remains is anyone lis-          business to work.                      from Instagram than, say, your
                                                                                                                                                              Editor-in-Chief
years imprisonment imposed.            tening? Does it matter to the high           You also had deep concerns         Google account.
                                                                                                                                                              Rajesh Chauhan
Under Section 509 of the IPC,          and mighty that our women live           about whether under our new                If you’re really that scared
                                                                                                                                                              editorinchief@divyadelhi.
obscene gestures, indecent body        without the protection of black          terms, Instagram had any plans         about the future of Instagram,         com
language and acidic comments           commando’s and are subject to            to sell your content. I want to        you can download your photos
directed at any woman or girl          harsh reality of the situation?          be really clear: Instagram has         and close your account for good.       Editor
or exhibits any such object or             Is anyone bothered that when                                                                                       Hardeep Singh Bedi
intrudes upon the privacy of           a daughter goes out of the house                                                                                       editor@divyadelhi.com
woman carries a penalty of             for tuition or dance classes, her                                                                                      journalist001@gmail.com
simple imprisonment for one            parents don’t get relief till she
year or a fine or both.                is back home safe and sound                                                                                            Designers
    3. Under Section 354 , Who-        without being harassed, when                                                                                           Sanjeev Kumar
ever assaults or uses criminal         a women goes out to work and                                                                                           Manoj Singh Rana
force on any woman, intend-            is working late shift the only
                                                                                                                                                              Printed, published and owned by
ing to outrage or knowing it to        thought that goes on in her mind                                                                                       Rajesh Chauhan. Published at
be likely that he will thereby         is how to reach home safely.                                                                                           BG-6/305B, Paschim Vihar, Delhi-
outrage her modesty, shall be          We have failed so miserably to                                                                                         110063. Printed at Divya Offset
                                                                                                                                                              Printers, B-1422, New Ahsok
punished with imprisonment             protect our women and yet we sit                                                                                       Nagar, Mayur Vihar, Delhi-10096.
of either description for a term       and formulate laws to “protect”                                                                                        F2 (d-3) PRESS/2012
which may extend to two years,         our country. Irony!
DIVYA DELHI | New Delhi | December 24, 2012                                                                                                                 Op-Ed                    5

Is Indian customer really a king?
                              ironically, their creation.    etc. and then on humans       noodles, etc. from our         for protection against        issues protecting the in-
      Third Eye               Acclaimed far and loud         in various locations over     favourite food corner          fraudulent, deceitful or      terests of consumers are
                              and highlighted in com-        a length of time. Still,      after we know the how          misleading information,       covered under acts like
                              pany announcements the         routine bans now on one       the water for cooking is       advertising, labelling, or    Indian Contract Act, Sale
                              slogan ostensibly shows        drug, then on another, in     arranged or utensils are       other practices; the right    of Goods Act, the Es-
                              that they highly value the     the wake of their having      cleaned. The plight of         to be heard in a forum.       sential Commodities Act,
                              consumer, his require-         demonstrated serious ef-      customer is no better with     To these was added the        the Prevention of Food
                              ments and sentiments.          fect on health only speaks    the well known names.          right to consumer educa-      Adulteration Act. Another
                              In real terms, it is since     of the type and the way       In all market deals the        tion by later President       laudable initiative in pro-
   Harish Barthwal
                              being used as a strategy       R&D was done before its       terms & conditions of          Gerald Ford. For protect-     tecting consumer interest,



N
                              with sufficient measure        launch.                       sale are invariably loaded     ing consumer interests at     applauded worldwide,
         ot too long ago,     of success to keep the                                                                      world level, the Consum-      is the framing of the
                                                                The planners, presum-      in favour of the dealer
         buyers had little    existing and forthcoming                                                                    ers International (CI),       Standards of Weights and
                                                             ably in league with the       so that despite all logic
         or no choices        customers in receptive                                                                      the umbrella body, for        Measures Act.
                                                             manufacturing lobby,          and sense, the clauses
in almost all branded         mode so that profits keep                                                                   240 organisations in over        As on date, there is
goods and services. For                                      tell us that with people      – whenever ambiguous –
                              on rolling.                    spending more on what-        shall be interpreted in a      100 countries, expanded       a separate ministry or
example, among cooking           Consumer is actually                                                                     the charter of consumers      department of consumer
oil there was only (hydro-                                   ever, the economy surges      way that the buyer has to
                              the king in United States      forward. This philosophy      bear the brunt.                rights contained in the       affairs at centre and in
genated) Dalda or Rath,       where 70 percent of                                                                         US Bill.                      every state. However,
in breads it was Britannia                                   is in perfect sync with          The movement of
                              the country’s growth is        what the business wants.      Consumer Rights began             In India, to safeguard     what turns out each time
or Modern, in cars there                                                                                                                                is that the consumer
                              from the service industry      So, the customers are         in the US with former          consumer interests in
was Ambassador or Fiat,
                              but not in India where         being indoctrinated to        President John F. Ken-         pre-Independence era we       loses the battle vis-à-vis
in cycles Atlas or Hero,
                              product and service            believe that to stay with     nedy who noted that “If        had Indian Penal Code,        giant industrial units. A
in cigarettes Panama,
                              options are limited. For       time they need to have        a consumer is offered in-      Agricultural Production,      major collective strategy
Cavanders, Charminar or
                              meals, you hardly have         more and more acquisi-        ferior products, if prices     Grading and Marketing         adopted by consumers has
Passing Show, in bathing
                              the traditional dal fry on     tion, consume (read pur-      are exorbitant, if drugs       Act 1937, Drugs and           been the boycott policy
soaps Lux and Lifebuoy,
                              most highways but dal          chase) more and more.         are unsafe or worthless,       Cosmetics Act, 1940;          under which the consum-
in the name of detergent
                              makhani instead since,         Adverting and marketing       if the consumer is unable      later, headway was made       ers avoid the products of
only Surf for long (the
                              by input of Rs. 2 or 3         campaigns are so devised      to choose on an informed       with Monopolies and Re-       the designated company if
term remained synony-
                              for butter, you can be         as to placate the popular     basis, then his dollar is      strictive Trade Practices     it is not in public interest.
mous with any washing
                              charged Rs. 15 or 20           sentiments. The popular       wasted, his health and         (MRTP) Act and in 1986.       But such a move neces-
powder for decades),
                              extra. Similarly, tea from     TV channels, newspa-          safety may be threatened,      The Consumer Protection       sitates solidarity on the
ditto with ‘Xerox’ –
                              many restaurants is being      pers, radio stations and      and national interest          Act that was amended in       parts of consumers. We
people often said, get
                              phased out. What mat-          celebrities tell us to keep   suffers.” Equating civil       1993 clearing the way for     hope, in times to come
2 copies Xeroxed) and
                              ters more to the dealer        buying irrespective of        rights of consumer with        3-tier consumer courts at     this strategy gathers
so on. The dealer usu-
                              is per customer margin         its implications on our       national interest, he          union, state and district     momemtum.
ally sold out whatever he
                              than what the customer         health and environment.       propounded basic rights:       levels known as the Dis-         In India, the aware-
produced or supplied. As
                              needs and looks for. For          With degradation in        the right to safety against    trict Consumer Dispute        ness is very low about the
such the manufacturer
and all those in supply       basic requirements, we         moral values all around,      the marketing of goods         Redressal Forum, State        pro-consumer laws and
chain were real ‘Kings’.      are living in an ambience      no business unit has com-     hazardous to health or         Consumer Disputes Re-         provisions such as The
   Shrewd and discernible     of monopoly markets            punction in compromis-        life; the right to choose      dressal Commission and        Essential Commodity Act,
as businessmen are – one      – water supply, electric-      ing with ethical values       with access to a variety       the National Consumer         Drug and Cosmetic Act,
big reason why they stay      ity, railways with tariffs                                                                  Disputes Redressal Com-       regulations about preven-
                                                             and norms – you may be        of products and services
in business – they best       and terms set under                                                                         mission besides forma-        tion of food adulteration,
                                                             appalled and some of us       at competitive prices;
know how to extract           parliamentary or legis-                                                                     tion of Consumer Welfare      display of price, etc.
                                                             may quit buying ‘tasty’       the right to information
money from the gull-          lature Acts. There are                                                                      Fund. For redressing             In India, National Con-
ible consumers, reason        no alternatives, and the                                                                    stock-related grievances      sumer Rights Day is ob-
enough they can sell          issue of consumer rights                                                                    of the consumers, Securi-     served on 24 December
a comb to a bald man.         hardly has any relevance                                                                    ties and Exchange Board       to endorse solidarity with
Yes, people continue to       in such areas. As for                                                                       of India (SEBI) was es-       the national consumer
procure many things they      items beyond government                                                                     tablished in 1992. To help    movement and provid-
don’t need and ever use       purview, the compa-                                                                         the aggrieved in matters      ing better protection of
either.                       nies proclaim that they                                                                     of telephony and power        consumers’ interests.
   Yet when the con-          conduct extensive R&D                                                                       sector, the Telecom-          Consumer Protection
cept of consumer rights       to understand the precise                                                                   munication Regulatory         Act is considered as the
came to fore, it was the      needs of the consumers                                                                      Authority of India and        Magna Carta for pro-
business class itself to
cash on it. The slogan,
                              like what pharmaceutical
                              companies supposedly do                                          Customer                   the Central Electricity
                                                                                                                          Regulatory Commission
                                                                                                                                                        tecting consumer rights
                                                                                                                                                        through establishment of
‘Customer is the King’ is,    for drugs – initially it is
                              on mice, dogs, monkeys
                                                                                               & Brands                   were formed in 1997 and
                                                                                                                          1998. Many of the other
                                                                                                                                                        advisory and adjudication
                                                                                                                                                        authorities.



Reservation in promotion violates human dignity
Abhay Singh Kushwaha          the concept of FRATER-         infringement of powers        demanded. Next will be         bers who have criminal/       tion provides backdoor
                              NITY within the Service        of the Executive. It is un-   the stage for OBCs to          corrupt background; As-       entry for such elements;
   Reservation in Pro-        as well as DIGNITY of          constitutional because it     demand promotion-reser-        sociation for Democratic      hence they very keen to
motion is violation of        the superior individual.       infringes equality clause.    vation. Samajwadi Party        Reforms has been issuing      ensure that reservation in
a ‘basic feature of the          India is also a signatory   If 10 promotion posts are     has already demanded           detailed data in support      all possible spheres is en-
Constitution’ viz. hu-        of Universal Declaration       open for posting of SC/       reservation for Muslims.       for several years. The law-   sured.
man dignity. Preamble         of Human Rights, 1948          ST, posting of only 2 and     India has been suffer-         makers are not at all keen       It is high time the na-
lays down, inter alia, that   and several international      leaving out 8 unfilled on     ing from brain drain for       to decriminalize these au-    tion stands up as one man
the Constitution aims at      covenants which ensure         account of the cap is irra-   a long time; that drain        gust institutions because     to oppose any reservation
“FRATERNITY assur-            human dignity. Violation       tional having no nexus to     will be accelerated. So, as    Section 8(4) of Repre-        in any form; citizens must
ing the DIGNITY of the        of such international com-     the objective sought to be    time passes, we are going      sentation of People Act       stop voting in favour of
Individual……….” Con-          mitments is betrayal of        achieved by reservation.      to be a nation of 3rd rate     1951 protects them from       candidates who demand
stitution contains several    faith in solemn promises       The executive cannot be       administrators! Can the        being disqualified – that,    reservation of any kind
other provisions to en-       made for good of human         forced to keep 8 posts va-    nation afford this – espe-     indeed, is an incentive for   – Lok Sabha Elections
sure dignity of man. It is    race. What for human           cant – it would certainly     cially in the face of funda-   lawless elements to con-      in 2014 will give needed
plain enough that super-      rights organizations are       hamper good administra-       mental duty under Article      test elections. The result    opportunity to build the
session of a meritorious      established in all parts of    tion.                         51A of the Constitution to     is that a very large num-     nation on principles of
senior public servant by      India?                            Today, reservation in      ensure excellence in all       ber of members would be       Justice, Equality and Fra-
a non-meritorious junior         The concept of 20%          promotions is sought;         walks of life?                 such whose wards cannot       ternity with human Dig-
person, for no better rea-    cap on reservation in pro-     tomorrow reservation in          Today, Parliament and       qualify for public services   nity.
son than that he belongs      motions also is unconsti-      Super Time Scale or in        all Legislatures have sub-     or make their mark while
to SC/ST class, cuts at       tutional and constitutes       Deputation posts will be      stantial number of mem-        in public service; reserva-   (Author is a Supreme Court lawyer)
6    entertainment                                                             DIVYA DELHI | New Delhi | December 24, 2012




                                          Riya Sen
                                          smooches
                                          a girl!
                                          T
                                                  rust Riya Sen to always
                                                  surprise you! After being
                                                  part of various controver-
                                          sies, Riya was spotted kissing a
                                          girl at a Mumbai nightclub last
                                          week, reports Mid-Day.
                                             The paper says that the iden-
                                          tity of the young woman is not
                                          known. Incidentally this is not
                                          the first time that Miss Sen has
                                          been caught on the wrong foot.
                                          Earlier too her leaked MMS video
                                          with Ashmit Patel had created
                                          quite a controversy. A industry
                                          insider says, `Recently her name

    Dabang 2                              popped up in regards to a rave
                                          party that was busted. However,
                                          the petite actress strongly denied
                                          having links with the organiser

    to cheer you                          of the party. There was buzz that
                                          she was also involved in some
                                          hanky-panky with author Salman
                                          Rushdie.



    S
            alman Khan is
            back in full form
            once again with his
    ‘Chulbul Pandey’ avatar
    in Dabang 2. Go watch
    Dabangg 2 keeping the
    fact in mind that it’s a
    Salman Khan movie and
                                    Charge sheet filed against Saif
                                    M
    make your Christmas
    Holiday merrier.                           umbai Police
        Director Arbaz Khan’s                  December 20
    film is about Chulbul Pan-                 filed charge
    dey who moves to Kanpur         sheet against actor Saif
    and straightaway gets into      Ali Khan for allegedly as-
    tough-conflict with crimi-      saulting an NRI business-
    nal cum politician Baccha       man February this year.
    Bhaiyya (Prakash Raj),          Two of Saif’s friends —
    who has two brother’s           Bilal Amrohi and actress
    named Chunni (Nikitin           Amrita Arora’s husband
    Dheer) and Gainda (Deep-
                                    Shakeel Ladak — have
    ak Dobriyal).
       A volcano erupts and a       also been named in the
    battle takes place between      charge sheet.
    Chulbul Pandey and                 The incident occurred
    Bachcha Bhaiyya when            when Saif, Kareena
    Chulbul Pandey kills            Kapoor and some others
    Gainda.                         were at the Wasabi Res-
       It’s a treat to watch both   taurant at the Taj Mahal
    Salman Khan and Prakash         Hotel.
    Raj together once again            Disturbed by their
    after Wanted. Salman            ruckus, NRI businessman
    Khan as usual is the best.      Iqbal Sharma requested
    He takes off his shirt,
                                    them to keep their voices
    Flexes his muscles, Fights
    the Villian and Flirts with     down. However, this en-
    Sonakshi,                       raged Saif, who allegedly
       Sonakshi Sinha is            punched Sharma, break-
    charming and spicy as           ing his nose. Ladak also
    Rajjo. The songs in the         allegedly hit Sharma’s
    film are already a rage         father-in-law Raman Pa-
    with Kareena Kapoor’s           tel. Later, Sharma lodged
    ‘Fevicol Se’ becoming an        a complaint against Saif
    all-time chartbuster.           at Colaba police station.
                                       Saif was was arrested
                                    on Feb 22 with Amrohi
                                    and Ladak for assaulting
                                    NRI businessman Iqbal
                                    Sharma. They were later
                                    released on bail.
DIVYA DELHI | New Delhi | December 24, 2012                      entertainment                         7



                                               Katie Holmes
                                                         dreams of
                                                 skating
                                               K
                                                       atie Holmes has taken to hitting the lesser
                                                       known rinks in the Big Apple early and late,
                                                       so she can avoid the crowds and the skilled
                                               skaters.
                                                  The former Dawson’s Creek star explains, “I like
                                               to go ice-skating... I like Chelsea Piers. Rockefeller
                                               Center (rink) scares me because there’s so many
                                               people.
                                                  “I’m not good at all and I’m mad about it because
                                               I’ll go and I’ll think, ‘Today, I’m gonna be really
                                               good...’ but the last time I was skating I just kind of
                                               held on to the side and I would have to, like, scoot
                                               little kids outta the way, like, ‘Excuse me... I can’t let
                                               go (or) I’ll fall’.
                                                  “So what started to happen is the people that work
                                               at the rink that do all the fancy everything, they just
                                               kept giving me their
                                               cards... and I got
                                               about 10, so I try
                                               to go in secret
                                               at very small
                                               rinks.”




   Shilpa Singh
   loses Miss
   Universe title
   I
       ndia’s 12-year-long dry run at the
       Miss Universe continued with Shilpa
       Singh losing out in the finals of the
   2012 beauty pageant.
      The 23-year-old Bihar-born girl
   entered the top 16 of the Miss Universe
   competition being held at Planet Holly-
   wood casino on the Las Vegas Strip, but
   failed to enter the top 10 slot.
8             IN FOCUS




                                                                                         `
                                                                                                                                       DIVYA DELHI | New Delhi | December 24, 2012

                   NEW DELHI:                  “While progress has been                                               than $100 billion dollars which     developing countries over the
                   There is no hue          made in recent years, India con-                                        could have been used to invest        period 2001-2010, down from its
                   and cry in India         tinues to lose a large amount of                                        in education, healthcare, and         high in 2004 when it accounted
                   over the issue           wealth in illicit financial out-                                        upgrade the nation’s infrastruc-      for 86.1%. It remains the major
                   of black money           flows,” said GFI Director Ray-                                          ture,” he said.                       channel for the transfer of illicit
                   at a time when           mond Baker.                                                                The new GFI study also esti-       capital from all regions except
                   a Washington                “Much focus has been paid                                            mates between 2001 and 2010           MENA (Middle East and North
                   based research           in the media on recovering the                                          the developing world lost a total     Africa), where it accounted for
   By Hardeep      and advocacy             Indian black money that has                                             of $5.86 trillion to illicit out-     37% of total outflows over the
    Singh Bedi




                                                                                            $
                   o rg a n i z a t i o n   already been lost,” he said sug-                                        flows.                                decade.
has highlighted flow of illicit             gesting policymakers should in-                                               The $858.8 billion of il-          The report further notes that
money from India.                           stead make curtailing the                                                        licit outflows lost to all   “illicit transfers of the proceeds




                                                           Black
   Global Financial Integrity               ongoing outflow of                                                                     developing coun-       of corruption, bribery, theft, and
(GFI) released its latest report            money priority                                                                            tries in 2010 is    kickbacks, accounting on aver-
“Illicit Financial Flows from De-           number one.                                                                                  a significant    age for 19.9% of illicit outflows
veloping Countries: 2001-2010”                 “$123                                                                                       uptick from    over the decade, are on the rise
on December 17 which said that                                                                                                                            as a percentage of total illicit fi-
Indian tax evaders managed to                                                                                                                             nancial outflows”.
send around black money worth                                                                                                                                GFI advocated that world
$123 billion out of country in a                                                                                                                          leaders increase the transparen-
decade. The report says that the                                                                                                                          cy in the international financial
Indian economy suffered $1.6                                                                                                                              system as a means to curtail the


                                                                                                                                       and
billion in illicit financial out-                                                                                                                            illicit flow of money.




                                                           White
flows in 2010. The term, illicit                                                                                                                                  A Nov 2010 GFI report,
financial flows, pertains to                                                                                                                                      “The Drivers and Dynam-
the cross-border movement                                                                                                                                          ics of Illicit Financial
of money that is illegally                                                                                                                                          Flows from India: 1948-
earned, transferred, or uti-                                                                                                                                         2008,” found that the In-
lized.                                                                                                                                                               dian economy lost $462
   As per the report, India                                                                                                                                          billion to illicit finan-
is ranked as the decade’s                                                                                                                                            cial outflows from 1948
8th largest victim of illicit                                                                                                                                        through 2008. Howev-
capital flight behind China,                                                                                                                                         er, the UPA government
Mexico, Malaysia, Saudi                                                                                                                                            thinks that estimates of
Arabia, Russia, the Philip-                                                                                                                                       GFI and for that matter In-
pines, and Nigeria. The report                                                                                                                                 ternational Monetary Fund
exhorts Indian policymakers to                                                                                                                              (IMF) are incomplete.
make curbing the ongoing out-                                                                                                                                A White Paper released by
flow of black money their prior-                                   A new report exhorts Indian policymakers to make                                       the Finance Minister Pranab
ity number one.                                                     curbing the ongoing outflow of black money their                                      Mukherjee in May 2012 coun-
   The report found that all devel-                                                                                                                       ters that “…although the esti-
oping and emerging economies                billion is a                          priority number one                2009, which                          mates of illicit outflows outside
suffered $858.8 billion in illicit          massive amount of                                                                     saw developing na-      India made by the IMF and GFI
outflows in 2010, just below the            money for the Indian economy       Frei-                                    tions lose $776.0 billion.        gives useful insights, they are
all-time high of $871.3 billion             to lose,” said Dev Kar, GFI lead   tas.                                   Trade mispricing was found to       incomplete and further studies
set in 2008-the year preceding              economist and co-author of the        “It has very real consequences    account for an average of 80.1%       are required to get a correct es-
the global financial crisis.                report with GFI economist Sarah    for Indian citizens. This is more    of cumulative illicit flows from      timate”.


                                                                                                                                                             Transparency Tips
Where is                                       Govt admits FDI is mostly black money                                                                         •	 Addressing the problems


Swamy?                                         NEW DELHI: Swamy Ramdev, another cru-               small economies cannot be the sources of such                posed by anonymous
                                               sader against black money, also didn’t react af-    huge investments and it is apparent that the in-             shell companies, foun-
                                               ter the GFI report was released. However, a day     vestments are routed through these jurisdictions             dations, and trusts by
                                               before the GFI report was released, Ramdev in       for avoidance of taxes and/or for concealing the             requiring confirmation
                                               Lucknow bashed the Congress over black mon-         identities from the revenue authorities of the ulti-         of beneficial owner-
                                               ey and urged people to defeat Congress in 2014      mate investors, many of whom could actually be               ship in all banking and
                                               elections. Ramdev also claimed that the funds       Indian residents, who have invested in their own             securities accounts, and
                                               that would come in by way of Foreign Direct         companies, though a process known as round                   demanding that informa-
                                               Investment (FDI) in multi-brand retail was just     tripping,” says the White Paper.                             tion on the true, human
                                               a fraction of the black money stashed abroad.          It further says that “investment in the Indian            owner of all corporations,
NEW DELHI: Janata Party                           Ramdev since long has maintained that FDI is     Stock Market through PNs is another way in                   trusts, and foundations
leader Subramanian Swamy,                      a tool to convert black money into white.           which the black money generated by Indians is                be disclosed upon forma-
one of the torchbearers against                   In an interview to The Times of India on De-     re-invested in India”.                                       tion and be available to
black money, surprisingly didn’t               cember 16, Ramdev once again maintained that           It is notable that the paper was prepared by              law enforcement;
react on the latest GFI report.                “FDI will only help tax evaders launder money       the government after pressure was mounted on              •	 Reforming customs and
   The report is much needed                   back to the country by round-tripping, giving it    it from various quarters so its main focus was to            trade protocols to detect
ammunition to lambast UPA                      a legitimacy cover of FDI”.                         cut the amount of stashed black money abroad                 and curtail trade mispric-
government but Swamy didn’t                       In fact, this charge also has been accepted by   and treat the issue as mere tax evasion. But, the            ing;
use it. Instead, he was busy                   the UPA government.                                 Supreme Court on January 19, 2011 had de-                 • Requiring the country-
cursing UPA, Sonia Gandhi,                        The May 2012 White Paper on Black Mon-           scribed black money stashed away abroad by
Rahul Gandhi, Prime Minister                                                                                                                                    by-country reporting of
                                               ey admits that black money is coming to India       Indians as “pure and simple theft of national                sales, profits and taxes
Dr Manmohan Singh, Elec-                       through FDI and Promissory Notes.                   money” and questioned the Centre’s approach
tronic Voting Machines, Indian                                                                                                                                  paid by multinational
                                                  In section “Has Money Transferred abroad         to tackling this menace and retrieving the huge
Express Editor Shekhar Gupta                                                                                                                                    corporations;
                                               illicitly Returned?” the paper says that FDI sta-   amount kept in foreign banks.
etcetera on Twitter. Is it because                                                                                                                           •	 Requiring the automatic
                                               tistics show that black money stashed abroad by        After issuing the White Paper seven months
of Twitter he didn’t notice GFI                                                                                                                                 cross-border exchange
                                               Indians is coming back to India via Mauritius       back, there is no action from the government.
report, Or, is he really not seri-                                                                                                                              of tax information on
                                               and Singapore routes.                               For example, the paper said that all financial
ous about the issue and talks                     “As per data released by the Department of In-   offences should be tried through fast-track                  personal and business
about it for mere publicity.                   dustrial Policy and Promotion (DIPP), from April    special courts. The Ministry of Law may have                 accounts;
   The last time he spoke about                2000 to March 2011 F D I from Mauri-                to take up this issue on priority and make ar-            •	 Harmonizing predicate
black money was probably in                    tius is 41.80 per cent             of the entire    rangements for setting u p fast-track courts                 offenses under anti-
November this year when he                     FDI received by                    India…that       all over the country            in a time-bound              money laundering laws
had accused Aam Aadmi Party                    the two topmost                      sources           manner.                     But, has it been              across all Financial Ac-
(AAP) leader Arvind Kejriwal                   of the cumulative                                                                    done?                       tion Task Force cooper-
of being a pessimist over black                inflows from April                                                                      Therefore it             ating countries; and
money. Kejriwal had alleged that               2000 to March                                                                        can be said that         • Ensuring that the
Mukesh Ambani, Anil Ambani,                    2011 are Mauritius                                                                   India lacks po-             anti-money laundering
Burmans of Dabur, Congress MP                  (41.80 per cent) and                                                                 litical will to             regulations already on
Annu Tandon etcetera had depos-                Singapore (9.17 per                                                                  deal with the               the books are strongly
ited black money in multinational              cent). Mauritius and                                                                 black      money            enforced.
HSBC Bank’s Geneva Branch.                     Singapore with their                                                                 menace.
Divya Delhi ePaper Dec 24, 2012
Divya Delhi ePaper Dec 24, 2012
Divya Delhi ePaper Dec 24, 2012
Divya Delhi ePaper Dec 24, 2012

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มหาสติปัฏฐานภาคทฤษฎีและปฏิบัติ The Four foundations of Mindfulness and Liber...
 
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Divya Delhi ePaper Dec 24, 2012

  • 1. God says goodbye to ODIs Katie Holmes Dreams of skating | Sachin has announced retirement from Charge sheet filed against Saif one-day cricket | PaGe 11 PaGe 7 D Divya D Daring & Dynamic Delhi national english weekly NEW DELHI | www.divyadelhi.com | E-mail: info@divyadelhi.com | December 24, 2012 | Page 12 | Vol. 1 No. 3 | ` 5 | India T he recent gang rape in Delhi has demands sent ripples across the country. Protests are reported from across the country demanding justice for the victim. A report justice by Novita Singh says that the gory crime has not only angered India but raised some questions which need to be answered if India wants to remove tag of ‘the worst place to be a woman’ from her fore- head. Page 2 photo by Arush Bhatt NATION Op-ed Business & economy Can politicians prove..... Is Indian customer really a king? Banking Amendment: boon or bane? Reports Rajesh Chauhan Third Eye By Harish Barthwal Reports Bhumika Bhargav PaGe 3 PaGe 5 PaGe 10
  • 2. 2 lead story DIVYA DELHI | New Delhi | December 24, 2012 ‘Rare’rape raises Qs sent ripples across the country. Protests are reported from across the country. In amendments to law, various national level organizations and various non- Delhi, It wasn’t just India Gate - protest- government organizations too have over ers breached the Rashtrapati Bhavan, the the years tried to find a solution to it. Delhi Chief Minister’s residence was Alternate perception based campaigns picketed and at 10 Janpath, Sonia Gan- like Blank Noise and Slut Walk too have dhi’s residence, people were detained. tried to do their part by bringing out the The very same week there were in- rape and molested victims out in the stances of rape and other crimes reported open. However, things don’t look better in other parts of the country. A crime in but just the contrary. an urban space receives more attention Suggestions ranging from anarchy for because of the urban presence of news the system to capital punishment and organizations and the urban tech savvy chemical castration for the offenders breed of people that are constantly ex- have been offered. It’s a general belief pressing themselves over the social net- that if the punishment is stricter then the working sites that gives an issue interna- perpetrators of crime will fear and not tional audience. commit a certain crime. But, it has been What is evident is that irrespective found that even harsher punishment of the geographical location, safety of doesn’t stop individuals from commit- women is an issue in this country. As of ting crimes. Moreover, punishment October 2012, as many as 963 rape cases becomes meaningless when it is late. await trial in six districts of Delhi. First- But, the general rage that is sweeping post India reports, “Delaying tactics by across the nation only sees a population the defence, adjournments on frivolous that is confused and angry and wants to grounds, insensitive public prosecutors feel safe. Many fear sending their own and overburdened courts, say criminal daughters, sisters and friends alone at lawyers, are some of the reasons why any point in the day for the sheer safety rape cases carry on for years without concern. But then does restricting the any hope of justice.” mobility of an individual and creating Novita Singh But, what is also important to look fear solve anything in the whole equa- into is that what gets qualified as a rape tion. If not then where does the answer INDIA: The rare and gory gang rape of case. Rape as a criminal act falls under a 23-year-old paramedical student in a lie? Section 376 of the Indian Penal Code The answer to it lies in everything - moving bus in the heart of the national which is punishable through life impris- capital has not only angered India but from our schools to our media, from our onment. An act of forcible penetration laws to our governance. But, more than raised some questions which need to be carried out by one or more people com- answered if India wants to remove tag anything it lies in our upbringing. We are bined with assault is described as rape. the preachers, perpetrators and the audi- of ‘the worst place to be a woman’ from However, there are instances where the her forehead. ence of the best kind of hypocrisy. We law has been misappropriated to accuse worship goddesses but aggrandize only As Delhi continued to lead the unprec- an individual for a crime not committed. edented countrywide protests against our male gods in public forums. Woman For instance, it has been observed that Delhi gang rape, a three-year-old girl as an entity is never an isolate figure but certain women indulge in consensual was raped in a play-school in West Delhi an extension of her male counterpart–be cohabitation and then later file charges by the husband of school owner. What it our literature or religion, and if she is of rape against their sexual partners, if does this show? It shows the general per- in isolation then she better be a warrior their relations go awry or if they want to ception in India that “you can get away goddess or a movie star. From our re- take revenge. The police and courts also no matter what crime you do”. This gressive television, dailies and stereo- sense ‘foul play’ as soon as such cases perception is a direct challenge for the typical advertisements to our need to re- come before them, but such ‘misuse of governments, judiciary, police and other laws’ also blocks the prospects of the serve seats for women along with senior law enforcement agencies. But, the justice for real rape victim. As India citizens and handicapped in our public people must understand that is about to make rape a gender neutral transport – everything reeks of hypoc- nation of self-centred offence, it is high time the government risy. The issue can never be resolved citizens seldom ensures that the ‘betrayal’ shouldn’t be because we are always curbing the makes history. treated at par with rape. problem, never curing it. We want our “Men abuse However, the ground reality remains girls to be educated but not liberal. We women in every that rape as an offence is on the rise teach them to talk but not to question. society, but few along with the host of other crimes Which is why, it is not about whether we males do it with against women. Women in India are were one of the first nations to have a as much impunity, unsafe and the issue is only worsening female prime minister or had a female violence and regu- with time. National Crime Records Bu- president in the last term. It is about if larity as the Indian reau in India records a hike of 7.1 % in we can see our girls and women exer- male,” observed col- crimes against women between 2010 cising their right to choose, to live free umnist Samar Halarnkar and 2011 – a total number of 228,650 from societal obligations and to voice as after the gang rape. What crimes against women. But there can be much as she wants without branding her is it that makes this country various speculations behind the reason as a prostitute. It is about our mentality, as a global poll of experts in for the same but more than everything about our understanding of women and June 2012 suggested, “…the it has to do with the status of women in their space. It is about acknowledging worst place to be a woman.” In- this country. that “she” is not just a mother, wife, sis- dia ranked below Saudi Arabia in Few months back, an article in The ter and a daughter but an individual. It is the poll, a country that recently al- Guardian said that as per the report of about understanding that every time we lowed its women to drive. But what is the International Center for Research teach our children about women’s space that makes the world’s largest democ- on Women, 45% of Indian women are in a conventional framework, we are racy the most unsafe place for women? married before the age of 18 and a re- perpetrating the chain of thought – the To name few, crimes against women search from Unicef in 2012 found that chain of thought that leads our women range from rape, homicide for dowry, 52% of adolescent women think its jus- to be treated as objects, that contributes molestation, trafficking. The Hindu re- tifiable for a man to raise his hand on a to them and their presence being under- ported this week that the number of rape woman and 57% of adolescent men feel stood as only to fulfill the demands of cases in Tumkur district in Karnatka is the same. Over the past three decades 12 the opposite gender. And yes, we must on an increase and that many go unreg- million girls have been aborted because teach our boys something better – teach istered because of the vague tradition of the preference of a male child. In es- them to understand women, teach them of attaching the family’s honour to the sence, this country suffers from a suffo- to hear their wives and daughters and girl. The same day The Times of India cative patriarchal air. teach them to not look at them as sheer reported that rape cases against teenage Various solutions have been debated objects but more than anything we as girls in Mumbai rose by 29% this year. and deliberated over for decades to hin- a society need to be learning a lot and The recent gang rape in Delhi has der the crime against women. Various working on it together.
  • 3. DIVYA DELHI | New Delhi | December 24, 2012 nation 3 Can politicians prove protestors wrong? N E W DELHI: A 23- year-old bubbling girl is raped by a barbar- By Rajesh Chauhan ic gang of monsters in a moving bus and thrown out of the bus along with her beaten friend, in the national capital. The girl battles for her life in a hospital and despite being unable to speak, she questions first thing to her parents in writing: have they (rap- ists) been caught? ‘They should be punished” she wrote other day. And fi- nally, “I want to live”. The gory rape saga rages India, and Delhi becomes the epicenter of the coun- trywide protests. Angered citizens, main- ly young girls and boys, came out on streets and walked towards homes of Congress President Sonia Gandhi, President Pranab Mukherjee, Delhi Chief Minster Sheila Dikshit, and headquarters of Delhi Police. While Sheila Dik- photos by Arush Bhatt shit, the longest serving chief minister of Delhi, has tried to save her skin Minister Sushil Kumar of these incidents were in providing security to Twitterati Shinde is has disappeared from the scene as though without any violent provo- cation from the protesters. the women by saying that “Delhi Police is not under such horrific rapes are nor- The RAF would appear Delhi Government”. Nikhil Kharoo @nkharoo: “Gangrape victim in the ICU mal in India. in hundreds every hour Congress President Sonia has spoken more words than PM in last 3 days..!!” - At the time of filing this or so and Lathi charge the Gandhi has done her bit by Forwarded message by a friend.” #DelhiProtests report, a major develop- public, provoked or other- meeting the protestors twice ment indicated that Delhi wise,” he writes. and assuring them of suit- Rape Protest may also die It was also alleged able and prompt justice to aanchalsethi @aanchalsethi: “its sad we live in a de- down like earlier spontane- that the Akhil Bharati- the horrendous rape victim, mocracy where we want our leaders to speak. but all ous mass movements: the ya Vidyarthi Parishad who continues to be critical they do is close doors while the nation protests.” peaceful protest at India (ABVP), the student wing and doctors are subjecting Gate turned violent! Delhi of the Baharatiya Janata her to various tests at the Police say it is the hooli- Party (BJP), and the Na- time of filing of this report. shadan @shadanmd: “A mass protest of this nature gans who have taken cen- tional Students Union of “We are subjecting her needs to be dealt politically and through dialogue...not tre stage and are molesting India (NSUI), the student to all examinations and girls and attacking police wing of the Congress, by enforcing administrative measures.” #delhiprotests and Rapid Action Force. tried to hijack the sponta- procedures. She contin- ues to be critical,” Dr B Eyewitnesses tell a differ- neous and peaceful mass D Athani, Medical Super- Prakash Sharma @Prakash_Sharma: “NSUI should be ent story. An eyewitness, movement. intendent of Safdurjung boycotted by all students for its attempt to politicize AGhambhir, wrote on his Though the protestors Hospital, told PTI on Sun- blog (http://crispybabelf- have been chased away day. #DelhiProtests”. ish.blogspot.in/2012/12/ by the police from the VIP Doctors had said on Sat- images-from-india-gate- areas and other sites like urday that the rape victim nary danger of going in to connect chord with the too little, too late. when-protest.html) that India gate, but they have is psychologically “com- it was RAF being violent given a message to the front of angered protes- youth of this country. But, Politicians have also posed and optimistic” without any provocation. VIPs: we know you are about her future and has tors? he has missed the chance. taken back stage after de- “While I was there, I was hypocrites. Now the ques- started communicating. Even politically, this Even if he comes into the livering emotional speech- tear-gassed thrice and hit tion is: can politicians Congress’ youth icon was the chance for Rahul scene, it will be considered es in the parliament. Home with a Lathi once. All four prove protestors wrong? and prime minister in waiting, Rahul Gandhi and Prime Minister Dr Manmohan Singh have not done what they were supposed to do. Manmohan Singh should have addressed the raged nation that the gov- ernment would come down severely on the wrongdo- ers. Instead, he met only with women MPs on the issue and assured them of justice to the rape victim. Rahul Gandhi is sur- prisingly absent from the scene. Have his advisors warned him of the imagi-
  • 4. 4 editorial DIVYA DELHI | New Delhi | December 24, 2012 Time to send criminals where they belong to I ndia is raged over the grue- hatma Gandhi’s three monkeys Pradesh, one of BJP namely India one can easily guess how some rape of a 23-year-old when it comes to fielding their Jethabhai G.Ahir from Gu- hard it is to prove ‘powerful medical student in national candidates. jarat and one of TDP namely accused’ guilty. capital. Currently the media A report by Association for Kandikunta Venkata Prasad But, then shall society keep is reporting about the outrage Democratic Reforms (ADR) from Andhra Pradesh. Thirty- quiet? No. It is high time that over the gang-rape but how has once again highlighted the six other MLAs have declared India takes a pledge that no long will it last? Till perhaps double-standards of the politi- that they have other charges criminal finds place in state something else newsy turns up cal parties. It reveals that since of crimes against women such assemblies or parliament. Time and perhaps until the next such 2007, political parties gave as outraging the modesty of a is ripe to force the political or worst happens. It is also a tickets to 27 rape accused to woman, assault, insulting the parties to drop those candidates fact that this is not the first time fight in state elections. The re- modesty of a woman etc. who have been convicted or and the last time that a minor port stated that political parties Out of the 260 candidates accused of rape and sexual girl or a major girl has been had also given tickets to 260 who declared that they have assaults. The voters should take raped. Leave apart strangers, men who were charged with been charged with crimes a pledge that they won’t vote over the years there have been other crimes against women, against women, 72 are inde- for even honest candidates of cases of fathers, step-fathers / including molestation. Six pendent candidates, 24 have those parties which even field uncles / grand fathers, neigh- MLAs have declared that they been given tickets by the BJP, one candidate of a criminal bours coming from differ- least our assemblies and parlia- have charges of rape against 26 candidates have been given ment shut doors for the crimi- background. ent classes and religions in themselves in their sworn tickets by the Congress, 16 different countries, raping the nals. At least political parties affidavits submitted with the have been given tickets by the ones who trust them the most. come out in open and pledge that they won’t field even al- Election Commission of India SP and 18 have been given Letter To The Readers If that has happened over the at the time of their election. Of tickets by BSP. W generations, how can this be leged criminals as their party these six MLAs with declared It is unfortunate that election e have launched stopped? Or, can it ever be candidates. Because, with the rape cases, three are from Sam- law only bars those convicted Divya Delhi, a stopped? political parties trying to garner ajwadi Party namely Sribhag- from contesting, but those fac- National English Without going into the public sympathy over the Delhi wan Sharma, Anoop Sanda and ing criminal charges, no matter Weekly with a tagline ‘Dar- towering task of providing gang rape (and perhaps votes Manoj Kumar Paras from Uttar how heinous, face no such ing and Dynamic’, on the a consensus answer to these in the next election), they have Pradesh, one from BSP namely impediment. With the current occasion of World Human questions, it is high time that at over the years acted like Ma- Mohd. Aleem Khan from Uttar judicial and political system in Rights Day, 2012. With this, we have exer- cised our right of speaking up for the Nation, You and Law doesn’t Future of Instagram as well as for Ourself. Now, the ball is in your court as it is your turn to define eve-teasing T Act. If You are happy, good he online consum- no intention of selling your for You and we wish You re- ers all over the world photos, and we never did. We main happy forever. were shocked when don’t own your photos – you in proper terms However, if You are con- they heard that Instagram, the do.” cerned about the state of mobile-application company To help clear confusion, affairs affecting Our na- which allows participants to Instagram lets you compare tion, share photos, was planning to the old TOS with the updated Your city, Your colony, Main Toki or with fine or with both. sell their photographs to the one. Most of it is legalese, but Others, You and Your fam- We live in a time where the advertisers. the key thing to note is that T ily then kindly Act: Contact eve teasers roam about in multi Instagram on December 17 Instagram still exercises the he law doesn’t even define Us! million cars, use high-tech gad- said that that it has the perpetu- right to license your photos in eve-teasing in proper For, we are looking for terms. So how do we gets and stab people in the public al right to sell users’ photo- any way it sees fit, but not sell people who React when expect to punish culprits and who resist eve-teasing (Yes graphs without payment or them and take your right to something goes wrong but give justice to the victim’s when its true. Read Keenan case for notification, a dramatic policy claim ownership. More info is don’t Act in the absence of the very term isn’t even defined? details) and the fine amount still shift that quickly sparked a also available in the service’s remains Rs 2000-Rs 5000 with a right tool and platform. We do have some laws but they public outcry. But, after the official privacy policy. We are also looking for just seem for namesake and are the jail term being 3 months, netizens cried foul, Instagram For those that don’t know, how hopelessly impractical is thinkers, scholars, aca- toothless. instantly changed its tone. Instagram was recently bought demicians, professionals, 1. Section 298 (A) and (B) that? by Facebook, and the photo- Instagram co-founder students, bureaucrats, vi- of the Indian Penal Code (IPC) We are so busy deciding Kevin Systrom published based social network has start- sionary politicians etcetera sentences a man found guilty laws which take control of our a new blog post detailing ed investigating plans to mon- to provide us opportunity of making a girl or woman personal lives (Sec 399) that we the service’s updated stance etize. The location metadata to work with themselves to the target of obscene gestures, don’t have time to think about on content ownership and associated with photos you meet Our Motto of contrib- remarks, songs or recitation problems as serious as Eve teas- ing which poses danger on each privacy: share on Instagram is valuable, uting in the larger interest to a maximum jail sentence of “Going forward, rather than and Instagram has the right of the India and World. three months. Section 292 of and every women stepping out of the house. There is a serious obtain permission from you to share what it knows about We also require report- the IPC also clearly spells out to introduce possible advertis- you (including pictures of your ers, trainee reporters, copy- that showing pornographic or need to revamp the law on eve teasing beginning with actually ing products we have not yet latte art, sunsets, kids, etc.) editors and photo journal- obscene pictures, books or slips with potential advertisers. This ists to work with us. defining it. developed, we are going to to a woman or girl draws a fine We can go on discussing take the time to complete our is no different than the way of Rs. 2000 with two years of Editor the laws and the flaws, giving plans, and then come back to Facebook or Google works. rigorous imprisonment for the first offender. opinions, holding candle light our users and explain how we In fact, there’s probably less 2. For repeated offence there marches, forming NGO’s but the would like for our advertising personal info to be gleaned is a fine of Rs.5000 with five question remains is anyone lis- business to work. from Instagram than, say, your Editor-in-Chief years imprisonment imposed. tening? Does it matter to the high You also had deep concerns Google account. Rajesh Chauhan Under Section 509 of the IPC, and mighty that our women live about whether under our new If you’re really that scared editorinchief@divyadelhi. obscene gestures, indecent body without the protection of black terms, Instagram had any plans about the future of Instagram, com language and acidic comments commando’s and are subject to to sell your content. I want to you can download your photos directed at any woman or girl harsh reality of the situation? be really clear: Instagram has and close your account for good. Editor or exhibits any such object or Is anyone bothered that when Hardeep Singh Bedi intrudes upon the privacy of a daughter goes out of the house editor@divyadelhi.com woman carries a penalty of for tuition or dance classes, her journalist001@gmail.com simple imprisonment for one parents don’t get relief till she year or a fine or both. is back home safe and sound Designers 3. Under Section 354 , Who- without being harassed, when Sanjeev Kumar ever assaults or uses criminal a women goes out to work and Manoj Singh Rana force on any woman, intend- is working late shift the only Printed, published and owned by ing to outrage or knowing it to thought that goes on in her mind Rajesh Chauhan. Published at be likely that he will thereby is how to reach home safely. BG-6/305B, Paschim Vihar, Delhi- outrage her modesty, shall be We have failed so miserably to 110063. Printed at Divya Offset Printers, B-1422, New Ahsok punished with imprisonment protect our women and yet we sit Nagar, Mayur Vihar, Delhi-10096. of either description for a term and formulate laws to “protect” F2 (d-3) PRESS/2012 which may extend to two years, our country. Irony!
  • 5. DIVYA DELHI | New Delhi | December 24, 2012 Op-Ed 5 Is Indian customer really a king? ironically, their creation. etc. and then on humans noodles, etc. from our for protection against issues protecting the in- Third Eye Acclaimed far and loud in various locations over favourite food corner fraudulent, deceitful or terests of consumers are and highlighted in com- a length of time. Still, after we know the how misleading information, covered under acts like pany announcements the routine bans now on one the water for cooking is advertising, labelling, or Indian Contract Act, Sale slogan ostensibly shows drug, then on another, in arranged or utensils are other practices; the right of Goods Act, the Es- that they highly value the the wake of their having cleaned. The plight of to be heard in a forum. sential Commodities Act, consumer, his require- demonstrated serious ef- customer is no better with To these was added the the Prevention of Food ments and sentiments. fect on health only speaks the well known names. right to consumer educa- Adulteration Act. Another In real terms, it is since of the type and the way In all market deals the tion by later President laudable initiative in pro- Harish Barthwal being used as a strategy R&D was done before its terms & conditions of Gerald Ford. For protect- tecting consumer interest, N with sufficient measure launch. sale are invariably loaded ing consumer interests at applauded worldwide, ot too long ago, of success to keep the world level, the Consum- is the framing of the The planners, presum- in favour of the dealer buyers had little existing and forthcoming ers International (CI), Standards of Weights and ably in league with the so that despite all logic or no choices customers in receptive the umbrella body, for Measures Act. manufacturing lobby, and sense, the clauses in almost all branded mode so that profits keep 240 organisations in over As on date, there is goods and services. For tell us that with people – whenever ambiguous – on rolling. spending more on what- shall be interpreted in a 100 countries, expanded a separate ministry or example, among cooking Consumer is actually the charter of consumers department of consumer oil there was only (hydro- ever, the economy surges way that the buyer has to the king in United States forward. This philosophy bear the brunt. rights contained in the affairs at centre and in genated) Dalda or Rath, where 70 percent of US Bill. every state. However, in breads it was Britannia is in perfect sync with The movement of the country’s growth is what the business wants. Consumer Rights began In India, to safeguard what turns out each time or Modern, in cars there is that the consumer from the service industry So, the customers are in the US with former consumer interests in was Ambassador or Fiat, but not in India where being indoctrinated to President John F. Ken- pre-Independence era we loses the battle vis-à-vis in cycles Atlas or Hero, product and service believe that to stay with nedy who noted that “If had Indian Penal Code, giant industrial units. A in cigarettes Panama, options are limited. For time they need to have a consumer is offered in- Agricultural Production, major collective strategy Cavanders, Charminar or meals, you hardly have more and more acquisi- ferior products, if prices Grading and Marketing adopted by consumers has Passing Show, in bathing the traditional dal fry on tion, consume (read pur- are exorbitant, if drugs Act 1937, Drugs and been the boycott policy soaps Lux and Lifebuoy, most highways but dal chase) more and more. are unsafe or worthless, Cosmetics Act, 1940; under which the consum- in the name of detergent makhani instead since, Adverting and marketing if the consumer is unable later, headway was made ers avoid the products of only Surf for long (the by input of Rs. 2 or 3 campaigns are so devised to choose on an informed with Monopolies and Re- the designated company if term remained synony- for butter, you can be as to placate the popular basis, then his dollar is strictive Trade Practices it is not in public interest. mous with any washing charged Rs. 15 or 20 sentiments. The popular wasted, his health and (MRTP) Act and in 1986. But such a move neces- powder for decades), extra. Similarly, tea from TV channels, newspa- safety may be threatened, The Consumer Protection sitates solidarity on the ditto with ‘Xerox’ – many restaurants is being pers, radio stations and and national interest Act that was amended in parts of consumers. We people often said, get phased out. What mat- celebrities tell us to keep suffers.” Equating civil 1993 clearing the way for hope, in times to come 2 copies Xeroxed) and ters more to the dealer buying irrespective of rights of consumer with 3-tier consumer courts at this strategy gathers so on. The dealer usu- is per customer margin its implications on our national interest, he union, state and district momemtum. ally sold out whatever he than what the customer health and environment. propounded basic rights: levels known as the Dis- In India, the aware- produced or supplied. As needs and looks for. For With degradation in the right to safety against trict Consumer Dispute ness is very low about the such the manufacturer and all those in supply basic requirements, we moral values all around, the marketing of goods Redressal Forum, State pro-consumer laws and chain were real ‘Kings’. are living in an ambience no business unit has com- hazardous to health or Consumer Disputes Re- provisions such as The Shrewd and discernible of monopoly markets punction in compromis- life; the right to choose dressal Commission and Essential Commodity Act, as businessmen are – one – water supply, electric- ing with ethical values with access to a variety the National Consumer Drug and Cosmetic Act, big reason why they stay ity, railways with tariffs Disputes Redressal Com- regulations about preven- and norms – you may be of products and services in business – they best and terms set under mission besides forma- tion of food adulteration, appalled and some of us at competitive prices; know how to extract parliamentary or legis- tion of Consumer Welfare display of price, etc. may quit buying ‘tasty’ the right to information money from the gull- lature Acts. There are Fund. For redressing In India, National Con- ible consumers, reason no alternatives, and the stock-related grievances sumer Rights Day is ob- enough they can sell issue of consumer rights of the consumers, Securi- served on 24 December a comb to a bald man. hardly has any relevance ties and Exchange Board to endorse solidarity with Yes, people continue to in such areas. As for of India (SEBI) was es- the national consumer procure many things they items beyond government tablished in 1992. To help movement and provid- don’t need and ever use purview, the compa- the aggrieved in matters ing better protection of either. nies proclaim that they of telephony and power consumers’ interests. Yet when the con- conduct extensive R&D sector, the Telecom- Consumer Protection cept of consumer rights to understand the precise munication Regulatory Act is considered as the came to fore, it was the needs of the consumers Authority of India and Magna Carta for pro- business class itself to cash on it. The slogan, like what pharmaceutical companies supposedly do Customer the Central Electricity Regulatory Commission tecting consumer rights through establishment of ‘Customer is the King’ is, for drugs – initially it is on mice, dogs, monkeys & Brands were formed in 1997 and 1998. Many of the other advisory and adjudication authorities. Reservation in promotion violates human dignity Abhay Singh Kushwaha the concept of FRATER- infringement of powers demanded. Next will be bers who have criminal/ tion provides backdoor NITY within the Service of the Executive. It is un- the stage for OBCs to corrupt background; As- entry for such elements; Reservation in Pro- as well as DIGNITY of constitutional because it demand promotion-reser- sociation for Democratic hence they very keen to motion is violation of the superior individual. infringes equality clause. vation. Samajwadi Party Reforms has been issuing ensure that reservation in a ‘basic feature of the India is also a signatory If 10 promotion posts are has already demanded detailed data in support all possible spheres is en- Constitution’ viz. hu- of Universal Declaration open for posting of SC/ reservation for Muslims. for several years. The law- sured. man dignity. Preamble of Human Rights, 1948 ST, posting of only 2 and India has been suffer- makers are not at all keen It is high time the na- lays down, inter alia, that and several international leaving out 8 unfilled on ing from brain drain for to decriminalize these au- tion stands up as one man the Constitution aims at covenants which ensure account of the cap is irra- a long time; that drain gust institutions because to oppose any reservation “FRATERNITY assur- human dignity. Violation tional having no nexus to will be accelerated. So, as Section 8(4) of Repre- in any form; citizens must ing the DIGNITY of the of such international com- the objective sought to be time passes, we are going sentation of People Act stop voting in favour of Individual……….” Con- mitments is betrayal of achieved by reservation. to be a nation of 3rd rate 1951 protects them from candidates who demand stitution contains several faith in solemn promises The executive cannot be administrators! Can the being disqualified – that, reservation of any kind other provisions to en- made for good of human forced to keep 8 posts va- nation afford this – espe- indeed, is an incentive for – Lok Sabha Elections sure dignity of man. It is race. What for human cant – it would certainly cially in the face of funda- lawless elements to con- in 2014 will give needed plain enough that super- rights organizations are hamper good administra- mental duty under Article test elections. The result opportunity to build the session of a meritorious established in all parts of tion. 51A of the Constitution to is that a very large num- nation on principles of senior public servant by India? Today, reservation in ensure excellence in all ber of members would be Justice, Equality and Fra- a non-meritorious junior The concept of 20% promotions is sought; walks of life? such whose wards cannot ternity with human Dig- person, for no better rea- cap on reservation in pro- tomorrow reservation in Today, Parliament and qualify for public services nity. son than that he belongs motions also is unconsti- Super Time Scale or in all Legislatures have sub- or make their mark while to SC/ST class, cuts at tutional and constitutes Deputation posts will be stantial number of mem- in public service; reserva- (Author is a Supreme Court lawyer)
  • 6. 6 entertainment DIVYA DELHI | New Delhi | December 24, 2012 Riya Sen smooches a girl! T rust Riya Sen to always surprise you! After being part of various controver- sies, Riya was spotted kissing a girl at a Mumbai nightclub last week, reports Mid-Day. The paper says that the iden- tity of the young woman is not known. Incidentally this is not the first time that Miss Sen has been caught on the wrong foot. Earlier too her leaked MMS video with Ashmit Patel had created quite a controversy. A industry insider says, `Recently her name Dabang 2 popped up in regards to a rave party that was busted. However, the petite actress strongly denied having links with the organiser to cheer you of the party. There was buzz that she was also involved in some hanky-panky with author Salman Rushdie. S alman Khan is back in full form once again with his ‘Chulbul Pandey’ avatar in Dabang 2. Go watch Dabangg 2 keeping the fact in mind that it’s a Salman Khan movie and Charge sheet filed against Saif M make your Christmas Holiday merrier. umbai Police Director Arbaz Khan’s December 20 film is about Chulbul Pan- filed charge dey who moves to Kanpur sheet against actor Saif and straightaway gets into Ali Khan for allegedly as- tough-conflict with crimi- saulting an NRI business- nal cum politician Baccha man February this year. Bhaiyya (Prakash Raj), Two of Saif’s friends — who has two brother’s Bilal Amrohi and actress named Chunni (Nikitin Amrita Arora’s husband Dheer) and Gainda (Deep- Shakeel Ladak — have ak Dobriyal). A volcano erupts and a also been named in the battle takes place between charge sheet. Chulbul Pandey and The incident occurred Bachcha Bhaiyya when when Saif, Kareena Chulbul Pandey kills Kapoor and some others Gainda. were at the Wasabi Res- It’s a treat to watch both taurant at the Taj Mahal Salman Khan and Prakash Hotel. Raj together once again Disturbed by their after Wanted. Salman ruckus, NRI businessman Khan as usual is the best. Iqbal Sharma requested He takes off his shirt, them to keep their voices Flexes his muscles, Fights the Villian and Flirts with down. However, this en- Sonakshi, raged Saif, who allegedly Sonakshi Sinha is punched Sharma, break- charming and spicy as ing his nose. Ladak also Rajjo. The songs in the allegedly hit Sharma’s film are already a rage father-in-law Raman Pa- with Kareena Kapoor’s tel. Later, Sharma lodged ‘Fevicol Se’ becoming an a complaint against Saif all-time chartbuster. at Colaba police station. Saif was was arrested on Feb 22 with Amrohi and Ladak for assaulting NRI businessman Iqbal Sharma. They were later released on bail.
  • 7. DIVYA DELHI | New Delhi | December 24, 2012 entertainment 7 Katie Holmes dreams of skating K atie Holmes has taken to hitting the lesser known rinks in the Big Apple early and late, so she can avoid the crowds and the skilled skaters. The former Dawson’s Creek star explains, “I like to go ice-skating... I like Chelsea Piers. Rockefeller Center (rink) scares me because there’s so many people. “I’m not good at all and I’m mad about it because I’ll go and I’ll think, ‘Today, I’m gonna be really good...’ but the last time I was skating I just kind of held on to the side and I would have to, like, scoot little kids outta the way, like, ‘Excuse me... I can’t let go (or) I’ll fall’. “So what started to happen is the people that work at the rink that do all the fancy everything, they just kept giving me their cards... and I got about 10, so I try to go in secret at very small rinks.” Shilpa Singh loses Miss Universe title I ndia’s 12-year-long dry run at the Miss Universe continued with Shilpa Singh losing out in the finals of the 2012 beauty pageant. The 23-year-old Bihar-born girl entered the top 16 of the Miss Universe competition being held at Planet Holly- wood casino on the Las Vegas Strip, but failed to enter the top 10 slot.
  • 8. 8 IN FOCUS ` DIVYA DELHI | New Delhi | December 24, 2012 NEW DELHI: “While progress has been than $100 billion dollars which developing countries over the There is no hue made in recent years, India con- could have been used to invest period 2001-2010, down from its and cry in India tinues to lose a large amount of in education, healthcare, and high in 2004 when it accounted over the issue wealth in illicit financial out- upgrade the nation’s infrastruc- for 86.1%. It remains the major of black money flows,” said GFI Director Ray- ture,” he said. channel for the transfer of illicit at a time when mond Baker. The new GFI study also esti- capital from all regions except a Washington “Much focus has been paid mates between 2001 and 2010 MENA (Middle East and North based research in the media on recovering the the developing world lost a total Africa), where it accounted for By Hardeep and advocacy Indian black money that has of $5.86 trillion to illicit out- 37% of total outflows over the Singh Bedi $ o rg a n i z a t i o n already been lost,” he said sug- flows. decade. has highlighted flow of illicit gesting policymakers should in- The $858.8 billion of il- The report further notes that money from India. stead make curtailing the licit outflows lost to all “illicit transfers of the proceeds Black Global Financial Integrity ongoing outflow of developing coun- of corruption, bribery, theft, and (GFI) released its latest report money priority tries in 2010 is kickbacks, accounting on aver- “Illicit Financial Flows from De- number one. a significant age for 19.9% of illicit outflows veloping Countries: 2001-2010” “$123 uptick from over the decade, are on the rise on December 17 which said that as a percentage of total illicit fi- Indian tax evaders managed to nancial outflows”. send around black money worth GFI advocated that world $123 billion out of country in a leaders increase the transparen- decade. The report says that the cy in the international financial Indian economy suffered $1.6 system as a means to curtail the and billion in illicit financial out- illicit flow of money. White flows in 2010. The term, illicit A Nov 2010 GFI report, financial flows, pertains to “The Drivers and Dynam- the cross-border movement ics of Illicit Financial of money that is illegally Flows from India: 1948- earned, transferred, or uti- 2008,” found that the In- lized. dian economy lost $462 As per the report, India billion to illicit finan- is ranked as the decade’s cial outflows from 1948 8th largest victim of illicit through 2008. Howev- capital flight behind China, er, the UPA government Mexico, Malaysia, Saudi thinks that estimates of Arabia, Russia, the Philip- GFI and for that matter In- pines, and Nigeria. The report ternational Monetary Fund exhorts Indian policymakers to (IMF) are incomplete. make curbing the ongoing out- A White Paper released by flow of black money their prior- A new report exhorts Indian policymakers to make the Finance Minister Pranab ity number one. curbing the ongoing outflow of black money their Mukherjee in May 2012 coun- The report found that all devel- ters that “…although the esti- oping and emerging economies billion is a priority number one 2009, which mates of illicit outflows outside suffered $858.8 billion in illicit massive amount of saw developing na- India made by the IMF and GFI outflows in 2010, just below the money for the Indian economy Frei- tions lose $776.0 billion. gives useful insights, they are all-time high of $871.3 billion to lose,” said Dev Kar, GFI lead tas. Trade mispricing was found to incomplete and further studies set in 2008-the year preceding economist and co-author of the “It has very real consequences account for an average of 80.1% are required to get a correct es- the global financial crisis. report with GFI economist Sarah for Indian citizens. This is more of cumulative illicit flows from timate”. Transparency Tips Where is Govt admits FDI is mostly black money • Addressing the problems Swamy? NEW DELHI: Swamy Ramdev, another cru- small economies cannot be the sources of such posed by anonymous sader against black money, also didn’t react af- huge investments and it is apparent that the in- shell companies, foun- ter the GFI report was released. However, a day vestments are routed through these jurisdictions dations, and trusts by before the GFI report was released, Ramdev in for avoidance of taxes and/or for concealing the requiring confirmation Lucknow bashed the Congress over black mon- identities from the revenue authorities of the ulti- of beneficial owner- ey and urged people to defeat Congress in 2014 mate investors, many of whom could actually be ship in all banking and elections. Ramdev also claimed that the funds Indian residents, who have invested in their own securities accounts, and that would come in by way of Foreign Direct companies, though a process known as round demanding that informa- Investment (FDI) in multi-brand retail was just tripping,” says the White Paper. tion on the true, human a fraction of the black money stashed abroad. It further says that “investment in the Indian owner of all corporations, NEW DELHI: Janata Party Ramdev since long has maintained that FDI is Stock Market through PNs is another way in trusts, and foundations leader Subramanian Swamy, a tool to convert black money into white. which the black money generated by Indians is be disclosed upon forma- one of the torchbearers against In an interview to The Times of India on De- re-invested in India”. tion and be available to black money, surprisingly didn’t cember 16, Ramdev once again maintained that It is notable that the paper was prepared by law enforcement; react on the latest GFI report. “FDI will only help tax evaders launder money the government after pressure was mounted on • Reforming customs and The report is much needed back to the country by round-tripping, giving it it from various quarters so its main focus was to trade protocols to detect ammunition to lambast UPA a legitimacy cover of FDI”. cut the amount of stashed black money abroad and curtail trade mispric- government but Swamy didn’t In fact, this charge also has been accepted by and treat the issue as mere tax evasion. But, the ing; use it. Instead, he was busy the UPA government. Supreme Court on January 19, 2011 had de- • Requiring the country- cursing UPA, Sonia Gandhi, The May 2012 White Paper on Black Mon- scribed black money stashed away abroad by Rahul Gandhi, Prime Minister by-country reporting of ey admits that black money is coming to India Indians as “pure and simple theft of national sales, profits and taxes Dr Manmohan Singh, Elec- through FDI and Promissory Notes. money” and questioned the Centre’s approach tronic Voting Machines, Indian paid by multinational In section “Has Money Transferred abroad to tackling this menace and retrieving the huge Express Editor Shekhar Gupta corporations; illicitly Returned?” the paper says that FDI sta- amount kept in foreign banks. etcetera on Twitter. Is it because • Requiring the automatic tistics show that black money stashed abroad by After issuing the White Paper seven months of Twitter he didn’t notice GFI cross-border exchange Indians is coming back to India via Mauritius back, there is no action from the government. report, Or, is he really not seri- of tax information on and Singapore routes. For example, the paper said that all financial ous about the issue and talks “As per data released by the Department of In- offences should be tried through fast-track personal and business about it for mere publicity. dustrial Policy and Promotion (DIPP), from April special courts. The Ministry of Law may have accounts; The last time he spoke about 2000 to March 2011 F D I from Mauri- to take up this issue on priority and make ar- • Harmonizing predicate black money was probably in tius is 41.80 per cent of the entire rangements for setting u p fast-track courts offenses under anti- November this year when he FDI received by India…that all over the country in a time-bound money laundering laws had accused Aam Aadmi Party the two topmost sources manner. But, has it been across all Financial Ac- (AAP) leader Arvind Kejriwal of the cumulative done? tion Task Force cooper- of being a pessimist over black inflows from April Therefore it ating countries; and money. Kejriwal had alleged that 2000 to March can be said that • Ensuring that the Mukesh Ambani, Anil Ambani, 2011 are Mauritius India lacks po- anti-money laundering Burmans of Dabur, Congress MP (41.80 per cent) and litical will to regulations already on Annu Tandon etcetera had depos- Singapore (9.17 per deal with the the books are strongly ited black money in multinational cent). Mauritius and black money enforced. HSBC Bank’s Geneva Branch. Singapore with their menace.