Is DOHA Dead?

The Doha Round of world trade negotiations - also known as the Doha Development Agenda , was launched in Doha, Qatar in November 2001. The talks aim at further liberalizing trade, whilst making it easier for developing countries, particularly Least Developed Countries (LDCs), to integrate into the WTO multilateral system. It’s the ninth round since the Second World War and the first since the WTO inherited the multilateral trading system in 1995. Progress in negotiations stalled after the breakdown of the July 2008 negotiations over disagreements concerning agriculture, industrial tariffs and non-tariff barriers, services, and trade remedies The most significant differences are between developed nations led by the European Union (EU), the United States (USA), and Japan and the major developing countries led and represented mainly by India, Brazil, China, and South Africa. There have been repeated attempts to revive the talks, so far without success. The failure of Doha has led to the spurt of many bilateral free trade agreements and trading blocks. At present, three major trade deals are either at the final stages of negotiations or already completed. These agreements leave out most of the developing countries particularly the LDCs. Apart from these, many plurilateral agreements have been signed in the WTO forum. Unlike the multilateral WTO negotiations like Doha round which require consensus of all members and therefore nobody can be left out and the interests of poor countries can be taken care of, in plurilateral agreements countries can ‘opt out’. In the 10th ministerial meet in Nairobi, Kenya in Dec,2015, for the first time since the Doha round was launched, the WTO’s 164 members, declined to “reaffirm” Doha’s mandate. The declaration noted that many members reaffirm the DDA while others do not but that “nevertheless, there remains a strong commitment of all Members to advance negotiations on the remaining Doha issues.It also opened the door to discussing new issues and focusing more on delivering smaller packages of trade reforms. It also marked a victory for the US and EU, who alongside other developed economies have argued that clinging to the long-stalled Doha negotiations was making the institution irrelevant in a changing global economy. India and civil society groups, however, said the result in Nairobi was a blow to the world’s poor, arguing that by walking away from the Doha round, which put at least a rhetorical emphasis on development, the WTO was betraying its poorest members. Nairobi again demonstrated the power and influence of the developed countries especially the US. More importantly it showed that the lack of bargaining power of the Global South. It also showed that the world is still some distance away from becoming a genuine multipolar world. Inspite of the emergence of China and other BRICS countries, the global power structure remains intact. It saw the emergence of a ’coterie’ of few countries like US,EU, Brazil, China and India undertaking closed door negotiations to take the final decisions. There was no unity among the developing countries as Brazil mostly took the side of US and EU along with the DG of WTO Roberto Azevêdo of Brazil. India was unable to forcefully defend positions it had articulated over the past two years. It is now expected that the developed countries will bring in the ‘Singapore’ Issues like investment, competition, transparency in government procurement into the negotiating table in the next WTO ministerial conference.

Unite Against Violent Extremism

Jan 20 2016 : The Times of India (Delhi)

Unite Against Violent Extremism

Ban Ki-moon





UN's five-point Plan of Action to fight terror is a practical and comprehensive approach

Violent extremism is a direct assault on the United Nations Charter and a grave threat to international peace and security .

Terrorist groups such as Daesh, Boko Haram and others have brazenly kidnapped young girls, systematically denied women's rights, destroyed cultural institutions, warped the peaceful values of religions, and brutally murdered thousands of innocents around the world.These groups have become a magnet for foreign terrorist fighters, who are easy prey to simplistic appeals and siren songs.

The threat of violent extremism is not limited to any one religion, nationality or ethnic group. Today , the vast majority of victims worldwide are Muslims.Addressing this challenge requires a unified response, and compels us to act in away that solves ­ rather than multiplies ­ the problem.

Many years of experience have proven that short-sighted policies, failed leadership, heavy-handed approaches, a single-minded focus only on security measures and an utter disregard for human rights have often made things worse.

Let us never forget: Terrorist groups are not just seeking to unleash violent action, but to provoke a harsh reaction.We need cool heads and common sense.We must never be ruled by fear ­ or provoked by those who strive to exploit it.Countering violent extremism should not be counter-productive.

Last week, on 15 January , I presented to the United Nations General Assembly a Plan of Action to Prevent Violent Extremism, which takes a practical and comprehensive approach to address the drivers of this menace.

It focuses on violent extremism which can be conducive to terrorism.The Plan puts forward more than 70 recommendations for concerted action at the global, regional and national levels, based on five inter-related points:

Number one, we must put prevention first:

The international community has every right to defend against this threat using lawful means, but we must pay particular attention to addressing the causes of violent extremism if this problem is to be resolved in the long run.

There is no single pathway to violent extremism. But we know that extremism flourishes when human rights are violated, political space is shrunk, aspirations for inclusion are ignored, and too many people especially young people ­ lack prospects and meaning in their lives.

As we see in Syria and Libya and elsewhere, violent extremists make unresolved and prolonged conflicts even more intractable.

We also know the critical elements for success: Good governance. The rule of law. Political participation. Quality education and decent jobs. Full respect for human rights.

We need to make a special effort to reach out to young people and recognise their potential as peacebuilders. The protection and empowerment of women must also be central to our response.

Second, principled leadership and effective institutions:

Poisonous ideologies do not emerge from thin air.Oppression, corruption and injustice are greenhouses for resentment. Extremists are adept at cultivating alienation.

That is why I have been urging leaders to work harder to build inclusive institutions that are truly accountable to people.I will continue to call on leaders to listen carefully to the grievances of their people and then act to address them.

Third, preventing extremism and promoting human rights go hand-inhand:

All too often, national counterterrorism strategies have lacked basic elements of due process and respect for the rule of law. Sweeping definitions of terrorism or violent extremism are often used to criminalise the legitimate actions of opposition groups, civil society organisations and human rights defenders. Governments should not use these types of sweeping definitions as a pretext to attack or silence one's critics.

Once again, violent extremists deliberately seek to incite such overreaction. We must not fall into the trap.

Fourth, an all-out approach:

The Plan proposes an “all of Government“ approach. We must break down the silos between the peace and security , sustainable development, human rights and humanitarian actors at the national, regional and global levels ­ including at the United Nations.

The Plan also recognises that there are no “one size fits all“ solutions. We must also engage all of society ­ religious leaders, women leaders, youth groups, leaders in the arts, music and sports, as well as the media and private sector.

Fifth, UN engagement:

I intend to strengthen a UN system-wide approach to supporting Member States' efforts to address the drivers of violent extremism.

Above all, the Plan is an urgent call to unity and action that seeks to address this scourge in all its complexity . Together, let us pledge to forge a new global partnership to prevent violent extremism.

The writer is Secretary-General of the United Nations

Debt Recovery Tribunals

Debt Recovery Tribunals were setup to expedite recovery proceedings and speedy adjudication of matters concerning debt recovery of banks.

SUCCESS-

1. Earlier debt recovery cases had to be filed in ordinary civil courts which took years (often 10-15) to be adjudicated.

DRTs have helped reduce the litigation time.

2 Recovery of dues due to banks wasn't given importance by civil courts. DRTs function solely for the said purpose.

3. DRTs are quasi-judicial institutions, with well-laid out duties and powers.

4.Easier filing of applications and less fees. The maximum amount the tribunal can extract as fees is `1,50,000 and the
minimum amount is `12000. After `10 lakh, each lakh will add `1000 in the fees. This is far less than what civil courts charge.

FAILURES-

1. DRTs are burdened with huge backlog of cases due to shortage of staff.

2. Cases in DRTs are dragging on for years instead of the mandated 6 months time period.

3.Frequent approval of stay petitions and the abuse of other loopholes mars the effectiveness of DRTs.

4. Shortage of Appellate Tribunals hinders the appeal process.

Setting up of more DRTs and Appellate tribunals , appointing more officials and plugging the loopholes in law will help in strengthening the DRTs and make them more viable.

National Family Health Survey-4

After 11 years, the much-awaited data on India’s health indicators were released by the Health Ministry on Tuesday night. The Phase 1 results from the National Family Health Survey-4 for 2015-16, which covered 13 States and two Union Territories (UTs), are a reason to smile.

In nearly every State, fewer children are dying in infancy, and across all States, more mothers are getting access to skilled ante-natal care. The last round of NFHS data was released in 2005-06.

Other findings are that while anaemia is widespread, rates have declined. Currently, over half the children in 10 States and over half the mothers in 11 States continue to be anaemic. Consistent with the burden of non-communicable diseases in India, over-nutrition or obesity among adults has emerged as a major concern. At least three in 10 women are overweight or obese in the Andaman and Nicobar Islands, Andhra Pradesh, Goa, Puducherry, and Tamil Nadu.

A promising trend in the data shows that women are having fewer children.

Fertility rates

The report states, “The total fertility rates or the average number of children per woman, range from 1.2 in Sikkim to 3.4 in Bihar. All first phase States/UTs except Bihar, Madhya Pradesh and Meghalaya have either achieved or maintained replacement level of fertility — a major achievement in the past decade.”

Findings for the 13 States — Andhra Pradesh, Bihar, Goa, Haryana, Karnataka, Madhya Pradesh, Meghalaya, Sikkim, Tamil Nadu, Telangana, Tripura, Uttarakhand and West Bengal — and two Union Territories of Andaman and Nicobar Islands and Puducherry show that all have rates below 51 deaths per 1,000 live births, although there is considerable variation among the States/Union Territories.

start -Up india scheme

The start -Up india scheme launched to create a favourable start-up ecosystem in india can be a possible game changer for indian economy.

Highlights of the scheme:

1) A sum of 10000 crore rupee to facilitate funding for next four years.
2) Self certification for compliance.
3) No Labour-law inspection for next three years.
4) Relaxation in norms for public procurement.
5) More Incubators and 500 new laboratories with 3D printing facilities.

Problems and challenges:
1.) To be eligible for the scheme they have to show that their innovation "Significantly Improved " the existing one. But government is not equipped to define the "Significant ", which can be misused and leads to Corruption, Crony capitalism, Red tapism and Deliberate Delays.
2.) There are no safeguards to ensure that Indian start-ups are not overtaken by foreign companies.
3.) De-domiciling of Indian startups, for example Flip-kart is registered in Singapore
4.) The scheme as again opened the doors for Bureaucrats to enter the process.

overall business climate in India still demands reforms. 
However, the if the scheme is implemented properly there can be a paradigm shift in the business environment and the Brain-Drain of India could be checked creating more employment and avenues for Innovation and research.

Start and Go

The government’s new initiative for start-ups promises swift approvals for starting enterprises, easier exits, tax and fiscal incentives, faster registration of patents and protection of intellectual property rights. It signals a possible end to the inspector raj that has sapped the energy and spirit of many young entrepreneurs in the country. Unlike India’s large business groups, small entrepreneurs find it difficult to navigate the complex bureaucratic and regulatory maze. From that perspective, these supply-side reforms are welcome. What makes this initiative especially welcome is the fact that start-ups hold the potential of creating more jobs at a time when the manufacturing sector is facing a slump that may last longer given global economic prospects and the slowdown in China, which has been one of the engines of global growth. And with growing automation, the manufacturing sector may no longer be in a position to create jobs. The fact is that there is a fundamental problem of demand and the real challenge for the Indian economy now is to fund several large projects — be it roads, highways or railways. That’s why it is heartening to see the government attempting to provide an enabling policy environment for start-ups, which are job creators much like the large number of self-employed who form a significant part of the country’s labour force.

But should the government, which says it wants to be more of a facilitator, get into the funding of start-ups? There has been enough capital chasing start-ups in India, including e-commerce firms, with a predominant share coming from overseas investors, unlike in the US or China, which are ahead of this country in terms of the number of new-age firms. Tax breaks do help, but global experience shows that what is more critical is an enabling regulatory and business environment that will foster innovation and have a cascading impact on entrepreneurship. Indian policymakers appear to be grasping this imperative but the funding now on offer could perhaps be directed more towards entrepreneurs who find it tough to raise capital in segments such as food processing, rather than mobile-based applications or e-commerce firms, for whom raising money isn’t a major problem.

The government’s approach of targeting start-ups to power growth over the next decade is well judged. But the easing of rules and creation of a conducive policy environment should not be restricted just to start-ups. It should be extended to all businesses. That will be the real test, along with getting more Indian firms domiciled overseas because of rules here to move back. Otherwise, the losers will be the government and local investors.

- See more at: http://indianexpress.com/article/opinion/editorials/start-and-go/#sthash.8Gi6RvpL.dpuf

"हर दोस्ती या प्रेम एक अहसास का नाम है. यह अहसास मुझमें और अमृता में, दोनों में था, इसलिए हमारे बीच 'आई लव यू' जैसा जुमला कभी नहीं आया- न मैंने अमृता से प्यार का इज़हार किया और न अमृता ने कभी मुझसे!
- इमरोज़

---

जब धरती अलग होने का फैसला करती है
तो खा इ यां बनती हैं
और जब मिलने का
तब बनते हैं पहाड़
बिना किसी से मिले 
यों ही इतना ऊँचा नहीं उठ सकता कोई....

~Shirish Kumar Mourya

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नक़्शे में न माल्टा दीखता है न मालदीव
न टेबल पे गढ़ी आँख.
थोड़ी बहुत सफाई संडे हम भी कर लेते हैं,
बुदबुदा लेते हैं कुछ सवाल खुद ही.
दीवार के कुर्गवाले बुद्धा थोड़े उदास से हैं,
बस्तर आर्ट फीकी हुई थोड़ी.

दीवारें यहां वहीं, कमरा वही,
थोड़ा अनमना सा है बस.
और कहो! तुम्हारे क्या हाल हैं 'गिल्लू'!

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जिस्म में अक्ल के पौधे उगाये थे
टेबल पे रख दी थी कुछ बेवकूफी
फिर फोन घुमाया था तुमको.

बातों में तुम्हारे चमकते दांत दिख रहे हैं.

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तुम मेरे शहर का रुख बदल दो
पगड़ी में दूधवाले, खिड़कियां, हवाएँ सब
तुम्हारे शहर का रुख किए हैं.

आज फिर बारिशें सागर में गिर गिर खो गईं,
मोहब्बत सी.

---

Stagflation

Stagflation can be described as a phenomenon where slow down in the economy, high level of unemployment occur and still the level of prices remain high.
 Stagflation is Stagnation plus Inflation. It is a situation of high unemployment and high inflation in an economy. 
Factors that help predict stagflation in India -
.
-> ECONOMIC SLOWDOWN -
Slump in IIP both for retail and capital goods shows reduced demand and production.
->LOW PRIVATE INVESTMENT -
Low private investment in production activities and reduced FDIs is making the situation difficult for expanding production.
->SLOWDOWN IN GLOBAL TRADE-
Slowdown in Chinese economy and downfall of Yuan is affecting Global trade and reducing demand for Indian exports therby forcing companies to cut down on production and creation of further employment.
->UNFAVOURABLE CONDITIONS FOR AGRICULTURE-
Over dependence on agriculture and continuous failure of monsoons clubbed with weather phenomenon such as El Nino completely reduced the purchasing power of rural economy. 
->INFLATION- Increased cost on skilled work force and raw materials is keeping the cost of production high and resulting in flation inspite of low demand.
- In spite of decline in Oil prices, Inflation in food prices is keeping the CPI high.
.
Inflation accompanied by reduced purchasing power and increased unemployment, contraction in production if left unaddressed by the govt can lead India to stagflation in near future.

The case against customary exclusion

On January 18, the Supreme Court will hear final arguments on the question of whether women can be barred entry to the Sabarimala shrine in Kerala. During the hearing on January 11, Justice Dipak Misra indicated that he was broadly sympathetic to women’s claims to entering and worshipping at the shrine. He is reported to have said, “Unless you [i.e. the governing board of the shrine] have a constitutional right to prohibit women entry, you cannot prevent them from worshipping at the shrine.”

These remarks have caused quite a stir. In particular, Justice Misra’s reference to the Constitution, and his suggestion that its non-discrimination clauses might be applicable to this dispute, raise some complex questions about the relationship between freedom of religion, equality, individual rights, and the extent to which the court can interfere in the management of religious institutions.

Room for state intervention

The history of the framing of the Constitution is a history of conflicting and clashing philosophies. The Constitution’s fundamental rights chapter grants rights to individuals against the state, to individuals against other individuals, to groups and communities against the state, and, as a final layer, allows the state to restrict these rights for various reasons of social and public interest. Tension between these various provisions is inevitable, and is perhaps reflected most starkly in the religious freedom clauses: Articles 25 and 26. Article 25(1) guarantees to all persons the right to freely profess, practise, and propagate their religion. Mirroring this, Article 26(b) grants to religious denominations the right to manage their own affairs in the matter of religion. Overriding both these provisions, Article 25(2) allows state intervention in religious practice, if it is for the purpose of “social welfare or reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus”.

During the debates in the Constituent Assembly, B.R. Ambedkar — supported, among others, by Rajkumari Amrit Kaur, who expressed specific concerns about the plight of women under religious law — endorsed giving wide, interventionist powers to the state on the ground of the deep and pervasive role that religion played in the lives of Indians. “The religious conceptions in this country are so vast that they cover every aspect of life, from birth to death,” he observed, “I do not think it is possible to accept a position of that sort. There is nothing extraordinary in saying that we ought to strive hereafter to limit the definition of religion in such a manner that we shall not extend beyond beliefs and such rituals as may be connected with ceremonials which are essentially religious.” Over the years, the Supreme Court has itself restricted the scope of the religious protection clause to “essential practices of a religion”. While holding that the state cannot use the reform clause to “reform a religion out of existence”, it has nonetheless held that aspects beyond essential practices have no protection from state intervention.

Why does this matter? It matters because the Sabarimala governing board’s argument is that the prohibition of women is justified by “custom”. They rely upon the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which permit prohibiting women from accessing places of worship where “custom” or “usage” requires it. During the January 11 hearing, Justice Misra doubted the existence of any such custom. The court’s previous jurisprudence suggests that the burden upon the board will not merely be to establish the existence of a custom, but also that the custom is “essential” to the practice of the religion.

What if the board fails? If it cannot show that prohibiting women from entry is an essential religious practice, then it can no longer claim absolute immunity under Article 26(b). Conversely, however, the women worshippers can argue that prohibiting them from access violates their right to worship under Article 25(1).

It has long been accepted by the Supreme Court that the right to worship, as well as modes of worship, are protected by Article 25(1). While the court, admittedly, has held that the right to worship does not extend to worshipping in any and every place, it has also noted that access to places having a “particular significance for [a particular] religion” is constitutionally protected.

If, therefore, the women worshippers can demonstrate that the Sabarimala shrine has special and unique religious significance, their Article 25(1) right to worship there stands established. The board’s prohibition upon their entry, consequently, impermissibly violates their constitutional right to freedom of religion.

The state and the shrine

That does not, however, entirely resolve the issue. The right to freedom of religion under Article 25(1) is enforceable against the state, and not against other individuals, or corporate bodies. The question that the court must answer therefore is whether the Travancore Devaswom Board, which controls access to the shrine, can be equated to the “state”.

In fact, in an earlier decision, the Kerala High Court already appears to have held that it can. Previously, the Supreme Court has held that corporate bodies that are “functionally, financially and administratively” under the control of the state can be equated to the state for the purposes of fundamental rights. The Travancore Devaswom Board is an autonomous body. While its members are appointed by the State legislature, it derives its main income from the administration of the temple. Therefore, it might be difficult to argue that the board is functionally or financially under the control of the state. And if the board cannot be equated with the state, then the constitutional right under Article 25(1) is not enforceable against it.

That does not yet mean that the case is lost. The Supreme Court has held that if one private party obstructs another private party from exercising her constitutional right, then it is the duty of the state to effectuate her right by restraining the former from continuing with its obstruction. Therefore, the women worshippers may ask the court to direct the state to take all necessary steps to guarantee that they are allowed to access and worship at the Sabarimala shrine.

Finally, there is another route the court might take. The Kerala Hindu Places of Worship Rules speak about “customs” and “usages”. The Supreme Court has held that while personal law is exempt from the application of the Constitution, mere ‘custom’ is not. It might therefore simply strike down the offending rule on the ground that it discriminates on grounds of gender, and therefore violates the Constitution.

The Sabarimala case is not the only case of this sort that is before the judiciary. Last year, a group of women approached the Bombay High Court asking for the recognition of their right to enter and worship at the Haji Ali Dargah shrine. The matter is presently awaiting a decision.

It seems clear that the coming months will see the question of gender justice in religious institutions at the forefront of the judicial landscape. It is now the task of the courts to craft a solution that advances the constitutional guarantee of equality, non-discrimination and freedom of religion, while remaining cognisant of the fact that the Constitution also guarantees the right of religious sects and denominations to self-governance.

( Gautam Bhatia is a Delhi-based lawyer. His book Offend, Shock or Disturb: Freedom of Speech under the Indian Constitution was published last year. )

http://www.thehindu.com/todays-paper/tp-opinion/the-case-against-customary-exclusion/article8109225.ece

Pradhan Mantri Fasal Bima Yojana

Farmers will not be burdened with high premium underthe Pradhan Mantri FasalBima Yojana.

The Union government on Wednesday approved the much-talked about new crop insurance scheme in which it has kept the premium amount for farmers at a maximum of two per cent for foodgrains and oilseeds while capping it up to five per cent for horticulture and annual commercial crops.

The new scheme is being perceived as Prime Minister Narendra Modi’s first significant move to address rural hardship and woo rural voters ahead of key elections.

“It is a historic day and I strongly believe the Pradhan Mantri Fasal Bima Yojana will bring about a huge change in the lives of farmers,” Mr. Modi tweeted after the scheme was jointly announced by the Ministers of Home, Agriculture and Parliamentary Affairs.

Home Minister Rajnath Singh told reporters here that the Cabinet had approved the PMFBY, replacing the existing National Agricultural Insurance Scheme (NAIS) as well as the modified NAIS. The scheme will be implemented from the kharif season this year.

“The farmer’s share of premium has been substantially reduced and the government will provide subsidy on premium,” said Mr. Singh, adding that government liability on premium subsidy would be shared by the Central and State governments on a 50:50 basis.

The scheme will have a uniform premium of only two per cent to be paid by the farmers for all kharif crops and 1.5 per cent for all rabi crops. In case of annual commercial crops such as cotton and horticultural crops, it will be only five per cent.

The premium rates to be paid by farmers are kept very low and the balance premium will be paid by the government to provide full insured amount to the farmers against crop loss on account of natural calamities.

There is no upper limit on government subsidy. Even if the balance premium is 90 per cent, it will be borne by the government.

Coverage raised

The scheme comes at a time the country is facing a drought for the second straight year due to poor monsoon rains and the government wants to enhance insurance coverage to more crop area to protect farmers from climate variations.

The government expects the scheme to help increase the insurance coverage to 50 per cent of the total crop area of 194.40 million hectares from the existing level of about 25-27 per cent crop area.

Meanwhile, the BJP has welcomed the initiative terming it as a pro-farmer decision which will go a long way in reducing farmers’ woes.