Category Archives: Debates

दिल्ली बनाम बम्बई

भारत के दो महानगरों राष्ट्रिय राजधानी दिल्ली और बम्बई को यूनेस्को द्वारा विश्व धरोहर की सूची में नामांकित करने की तैयारियां चल रही हैं, कुछ मित्रों ने दिल्ली या बम्बई की बहस शुरू कर दी है जो वास्तव में पूर्णत: अनर्गल बात है.

में दिल्ली बनाम बम्बई के पचड़े में पड़ने के बजाये ये सवाल पूछना चाहता हूँ के ऐसा क्यों है के 65,436,552 की कुल आबादी और 6,74,800 वर्ग किलोमीटर के कुल क्षेत्रफल वाले फ्रांस में 35 स्थान, नगर, इमारतें प्राकृतिक स्थल आदि ऐसे हैं जो विश्व धरोहर की सूची में शामिल किये गए हैं मगर इस सूची में भारत का नाम केवल 29 बार ही आता है.

जो सवाल पूछना ज़रूरी है वो यह के सिर्फ दिल्ली या/और बम्बई ही क्यों? जोधपुर, जयपुर, अजमेर, इंदौर, उज्जैन, भोपाल, बनारस, इलाहबाद, लखनऊ, पटना, वैशाली, हैदराबाद, विदिशा कालिंजर, मदुरै, कांचीपुरम कलकत्ता और मद्रास क्यों नहीं ?, आप ने नोट किया होगा के बम्बई कलकत्ता और मद्रास के नए नाम में इस्तेमाल नहीं कर रहा हूँ और दिल्ली को भी देहली नहीं लिखा है. यह जान बूझ कर किया जा रहा है दरअसल विरासत कहीं अतीत में जड़ हो गयी कोई चीज़ नहीं है और इसलिए नाम बदलने की समस्त परियोजनाएं विरासत से छेड़ छाड करने की निन्दनीय प्रवर्ति का ही हिस्सा हैं. Continue reading दिल्ली बनाम बम्बई

Bootlegging Education – Four Strategies for Fighting Back

Yes, this is what we must do now on a large scale – bootleg education.

Thanks to the conjunction of new heights of intellectual bankruptcy with new regimes of intellectual property, a large scale attack on equitable access to education is upon us. A longer discussion on  ‘Intellectual property’ is required, but the immediate provocation for this post is of course the Delhi University photocopying case. Elsewhere on Kafila, there is a post that links to a petition by authors and academics on this issue. The case, very simply is this: three big corporate publishers, namely Oxford University Press, Cambridge University Press and Taylor and Francis have filed a petition in the Delhi High Court, claiming infringement of copyright with regard to course packs used by students. The offender against these giant publishers is a small photocopy shop in Delhi School of Economics. As many legal experts on intellectual property and the Indian copyright law have stated, this kind of photocopying is well within the framework of the law (See some of the discussion here and here).

At the moment, however, I am not concerned with the pure legality of the issue. The question of ‘course packs’ concerns the vital interests of our society as a whole. For there was a time when teaching at the college and university level was  conducted largely through substandard kunjis, or guidebooks – honourable exceptions apart, of course.  Even today we have at least one of the corporate giants (that happens to be among those suing the little Rameshwari photocopier), producing slightly upmarket versions of such guidebooks. University professors willing to write a substandard book a month that fits into some course or the other, are also published by  publishers like these now, euphemistically called ‘textbooks’. In an earlier time, such books of barely passable scholarship (largely plagiarized cut-and-paste jobs) would be published only by dubious publishers.

Continue reading Bootlegging Education – Four Strategies for Fighting Back

The (Ir)resistible Rise of Arvind Kejriwal – Enter The ‘Outsider’

The tide is clearly turning. You know this when former critics and lampooners start talking of him as a ‘game changer’; you know this when weather-cocks turn away from the corridors of power where once they had been ensconced. You know this when rats start deserting the sinking ship.

Suddenly, everybody is talking favourably about the man from the ‘outside’ who is refusing to respect any of the established protocols of protest and politics. More startling perhaps, is the fact that in the past two days we have had senior journalists and political analysts suddenly telling us that they had known all along that there was a ‘post 1980 contract’, a secret code of silence, that never would the dynasty be attacked – indeed never would any apsiring dynasty be attacked. Everybody knew, says Dipankar Gupta in the Times of India, that the issue came up one and a half years ago – and we all do know that. Robert Vadra’s doings had already  been known. A senior BJP leader is even reported to have told a senior journalist that his party had indeed been in possession of the very same documents that Arvind Kejriwal brandished at his press conference. But, this leader went to say, “after an intense discussion, the leadership decided not to rake up the issue in Parliament even after submitting a motion in each House asking for a discussion.” Everybody knew – the parties, their leaders, the media persons, political analysts. And yet, nobody spoke out. All of them colluded, in other words, in suppressing the issue. Politicians kept silent for an understandable reason – aspiring dynasties that they are, after all. But the others? Mediapersons? Any guesses?

As someone who has been trying to understand Indian politics over the decades, I have often wondered at what I have referred to as the ‘implosion of the political’ – that is to say, the destruction of politics in the formal political domain. What is called a noora kushti in Hindustani, had come to mark our parliamentary-political grammar. Farcical walk-outs after equally farcical fire-spouting rhetorical speeches in parliament, and a happy bonhomie away from the glare of the media – that was what our politics had been reduced to.

Continue reading The (Ir)resistible Rise of Arvind Kejriwal – Enter The ‘Outsider’

Evidence, Consensus and Policy: Kaveri Gill on the curious case of changes proposed in India’s public health policy

Guest post by KAVERI GILL

The world of development is as prone to fashions as any other. In recent times, ‘evidence-based policy’ has become the new gold standard, following hot on the heels of participation and ownership of policy processes and outcomes by academics, activists and civil society groups. This applies within nation states, especially of the global South. India today epitomises such objective and bottom-up democratic largesse in favour of the ‘aam admi’- for largesse it is, make no mistake – with a near constant refrain of the avowed aim of ‘inclusive growth’. And yet, does it really?

Or is politically correct discourse and seemingly open decision-making processes in the social sector sphere merely dangerous fig leaves for seismic and opaque shifts in policy, which have very little to do with evidence and even less to do with broad-based consensus? Rather, they are an outcome of fixed ex-ante views – which may be termed as a distinct partiality to the Chicago School of Economics – about the path to a fictitious endpoint of a mainstream development paradigm, which itself is faith-based. It is not justified by theory or a heterodox reading of the empirical experiences of presently developed countries, let alone latecomer developing nations which are, for various exogenous and endogenous reasons, likely to have different trajectories altogether. I refer here to the hackneyed line about faster growth being pursued as a necessary, if not sufficient, condition for eventual trickle down, no matter that the ‘dur khaima’ of an equitable society is never arrived at! Continue reading Evidence, Consensus and Policy: Kaveri Gill on the curious case of changes proposed in India’s public health policy

A statement against the arrest of Punjabi publishers and editors for publishing the poetry of Babu Rajab Ali

Names of signatories given at the end; for more details on the campaign, see Whitewashing History

The arrest of two Punjabi publishers and two editors for reprinting old books of poet Babu Rajab Ali which allegedly contained some then used caste names, under the Prevention of Atrocities Against Scheduled Castes and Scheduled Tribes Act, is a totally thoughtless, callous and ruthless action taken by the Punjab government.

We understand that Mr. Amit Mittar of Tarak Bharti Prakashan and Mr. Ashok Garg of Sangam and editors Mr. Jagjeet Singh Sahoke from Moga and Mr. Swatantar from Samana, were arrested by the police on September 15 at the behest of the Punjab government. This is absolutely against academic freedom. Continue reading A statement against the arrest of Punjabi publishers and editors for publishing the poetry of Babu Rajab Ali

Academic Publishers – An Insider’s perspective: Anonymous Contributor

I am posting an email I received this morning by someone who works at a leading multinational academic publishing house and hence wants to remain anonymous which raises very important points relevant to the ongoing debate about copyright, photocopying and the practices within academic publishing. (Thanks to anonymous contributor for this)

Also for more detailed discussions please see the following posts at spicyip by Amlan Mohanty (1, 2,) Shamnad Basheer (1, 2) and Prashant Reddy 1

Hello Lawrence,

In his Op-Ed in today’s Hindu, Sudhanva Deshpande referred to your work, and soon, I stumbled upon your articles at Kafila and the general discussion on the blogosphere. As someone who worked for a few years in a leading multinational academic publishing company, I thought I might — if this doesn’t sound too pretentious — offer some more ammunition to you. What I have to say may not be immediately relevant to the DU case, but I hope you’ll have the time to read. Continue reading Academic Publishers – An Insider’s perspective: Anonymous Contributor

Shadow Libraries

This is an article that I have written for e-flux which speaks to some of the debates that have taken place in Kafila on the photocopying case at DU. Most of the debates have been framed thus far by  legal questions and  questions of cost and access. While  ideas of cost and access are  useful for pragmatic arguments they fail to capture the delirious thrill  which marks most of our encounters with books (whether purchased, photocopied or  downloaded). In one of the comments to my earlier post Jeebesh Bagchi suggested that we should invoke the idea of shadow libraries and also the fact that our arguments should not be scared of dancing so here goes.

The original article can be found here

Shadow Libraries

Over the last few monsoons I lived with the dread that the rain would eventually find its ways through my leaky terrace roof and destroy my books. Last August my fears came true when I woke up in the middle of the night to see my room flooded and water leaking from the roof and through the walls. Much of the night was spent rescuing the books and shifting them to a dry room. While timing and speed were essential to the task at hand they were also the key hazards navigating a slippery floor with books perched till one’s neck. At the end of the rescue mission, I sat alone, exhausted amongst a mountain of books assessing the damage that had been done, but also having found books I had forgotten or had not seen in years; books which I had thought had been permanently borrowed by others or misplaced found their way back as I set many aside in a kind of ritual of renewed commitment. Continue reading Shadow Libraries

Naroda Patiya judgement rekindles the death penalty debate in India

The Naroda Patiya massacre in Ahemdabad on 28 February 2002 killed 97 Muslims. It is the massacre infamous for the gory stories of a pregnant woman disemboweled and raped, a 20 day child killed, and so on. If this massacre is not fit to be considered “rarest of the rare,” what is?

It is ironical that the court found the kingpin of the massacre to be a woman, Dr Maya Kodnani, a practicing gynaecologist, a former Minister of State for Women and Child Welfare in the Narendra Modi government! The court came down particularly hard on her, commenting that as a legislator, a representative of the people she had done the opposite of what she was expected to: she helped kill people rather than save them. “She led the mob and incited them to violence. She abetted and supported the violent mob,” the court observed.

However, special court judge Jyotsna Yagnik chose not to sentence the accused to death when he announced the sentencing on 1 September. Her court found 32 people guilty, of whom one is absconding. 7 will spend 31 years in jail, 22 will spend 24 years, Maya Kodnani 28 years and former Gujarat state Bajrang Dal president Babu Bajrangi is to live the rest of his life in jail. Continue reading Naroda Patiya judgement rekindles the death penalty debate in India

Saving our heritage

The National Commission for Minorities (NCM) received a letter from the Jamiat-ul Ulama-e-Hind. The letter wanted 31 protected mosques to be opened for prayers. “Although the commission was not very keen that heritage monuments should be opened for prayers, it decided to suggest a joint survey for ascertaining the condition of these mosques.” Officials from the NCM, the Archaeological Survey of India (ASI) and the Wakf Board will carry out the joint inspection according to the suggestion made by the commission in its letter sent to the Ministry of Culture towards the end of July.

This reference made by the NCM needs to be looked at a little carefully, because the issue is not likely to remain restricted to these 31 mosques nor will it remain confined to Delhi. The reference impinges on questions of law and will eventually inform our attitude to the wider question of heritage protection. Continue reading Saving our heritage

Are We Not Alive: Women’s Voices from Kudankulam

Guest post by ANITHA. S

As I sit here in my home village of Idinthikara watching the hot sun light up the waves rolling onto the shores, I think of the news that has hit the world today about the Koodankulam Nuclear Power Plant. All of you must have seen the news that Madras High Court has given the go-ahead for the KKNPP.

When we carried the dead body of democracy and burnt it in the outskirts of our village on Aug15th, 2012, little did we realize that so soon we would witness the real death of democracy. As this last nail is being tightened on our lives, we realize how insignificant has been our voice. But this has only strengthened our vow to be together. Continue reading Are We Not Alive: Women’s Voices from Kudankulam

Coke Studio Pakistan – At a crossroads: Nandini Krishnan

Guest post by NANDINI KRISHNAN

Rohail Hyatt, producer of Coke Studio Pakistan

Khabaram raseedah…imshab
Khabaram raseedah imshab kih nigaar khaahi aamad

The words are beautiful; the voices that sing them mellifluous. And yet, I find that instead of being overwhelmed as I usually am by the qawwali of Fareed Ayaz and Abu Muhammad, enraptured by the transcendental waves of their music, parts of my consciousness are held down, niggled. Perhaps it’s the constant drumming and strumming, perhaps it’s the psychedelic sound waves zipping across giant screens, perhaps it’s the acoustics that throw back bits of the singers’ strains at them. But the Coke Studio version of Khabaram Raseedah doesn’t affect me the way even scratchy recordings of live, open-air concerts do. Continue reading Coke Studio Pakistan – At a crossroads: Nandini Krishnan

Copyrights versus The Right to Copy – A Normative Perspective: Rajshree Chandra

Guest post by RAJSHREE CHANDRA

For those not familiar with the recent spate of events at Delhi University; and for those who may have missed Lawrence Liang’s post, here’s a bird’s eye view: Impatient with an old gargantuan University’s obsolete ways, the authorities have attempted a make-over. As in all make overs, the old structure is retained but glossed over with cosmetic changes so as to appear ‘new’. So we have new hip courses, new syllabi content for old courses, new reading lists, new reading packages, new exam system, semesters and so on. Making all transitions possible of course, is a team of make-over artists. At one end of the set up are photocopiers like Rameshwari Photocopy Service located within the renowned Delhi School of Economics and Sociology; and at the other end, we the teachers. Reading material – by way of recommended articles, papers, chapters – was provided to the photocopiers by University faculty, who then made copies of them, segregated them year wise and instruction wise. The first page specified the semester for which the reading material was relevant, the ‘max marks’, the course objective and the syllabus all clearly outlined. Only after they were thus meticulously detailed were they spiral bound with the customary blue plastic cover and voila! Teachers and students alike had accessible reading and teaching material for all the new jazzed-up-courses. Emails circulated by departments instructed the college departments to use and recommend these dossiers; phone numbers of relevant photocopiers were given; and before long an entire chain of dissemination of this ‘new knowledge’ was established. It was all ‘official’. But more importantly, it was affordable, effective and terribly efficient. There was just one problem – it was in violation of the copyright law! The Rameshwari photocopiers were the new pirates!

Continue reading Copyrights versus The Right to Copy – A Normative Perspective: Rajshree Chandra

Why is the Indian media building a case for internet censorship rather than against it?

Hundreds of webpages now stand blocked in India, the government has openly been appealing to internet companies to pre- or post-screen content and remove what the government wants it to remove. One Google Transparency Report after another has been revealing how the number one target of the government is criticism of politicians and government. Just imagine what would the Indian media’s response to such censorship have been like had it been hundreds of books or articles we were talking about? Instead of asking Facebook to ‘pre-screen’ our posts, had Kapil Sibal been asking for someone to pre-screen articles in the newspapers, would it not be like the Emergency?

Okay, point taken. Let us not trivialise the Emergency, which entailed jailing of dissidents and forced sterilisation and so on. But still, there’s so much internet censorship in India now that it is surprising that instead of outrage you find the Indian media actually building the case for censorship. What about hate speech, they ask. What about the trolls, Why is there so much abuse on the internet? Continue reading Why is the Indian media building a case for internet censorship rather than against it?

Reading the Violence in Assam: Here and There: Musab Iqbal

Guest post by MUSAB IQBAL
… the fact that violence was not merely transitional, a birthmark or a departure, but a much more general and continuous aspect of modern life – Gyanendra Pandey

1.

The misreading or out of place reading of any local and contextual issue and putting it in a wrong frame can be very catastrophic. The recent episode of violence in Assam and the fury it triggered across the country is a classic example of such misreading. But apart from the misreading this complete episode is certainly indicator of certain other phenomenon underlying our fragile society.

Moreover it looks that this is not only adding to verbal construction of abuse but also a very controlled confusion working at someone’s behest. The rally and violence in Mumbai, Ranchi, and Jamshedpur whose motivating factor was this violence happening in northeast and cross border against “Muslims”. The other episode, which adds to cynicism, is through popular newspapers in South India and in Assam publishing that Assamese will be subject to target and then under the cloud of rumor and suspicion these residents of the state is forced to run.

Continue reading Reading the Violence in Assam: Here and There: Musab Iqbal

Oxford and Cambridge University Publishers v. Students of India

This is an op ed which was written for the Indian Express  and addresses some of the key issues in the ongoing copyright case filed against Rameshwari Photocopy services and the Delhi university. I am reposting  it here for now. It is a little truncated because of the word limit for newspapers but will post a longer version with comparisons from other countries.

Oxford and Cambridge University Publishers v. Students of India

 Accompanying a team conducting a raid against a photocopying shop outside AIIMS a few years ago a copyright lawyer had a moment of revelation akin to the apocryphal story of St Paul’s conversion  on the road to Damascus when Paul was asked by God “Why do you persecute me?”. In this case even as the photocopier was being arrested he defiantly turned to the lawyer and said “If I don’t sell these photocopies where do you think your doctors are going to come from? The lawyer in question is now a leading expert on copyright and public interest and one wonders whether a similar question posed to the lawyers representing Oxford and Cambridge University Press would evoke a similar change of heart especially if they considered their own route to becoming lawyers. The fact of the matter is that in most academic disciplines textbooks are extremely expensive and unaffordable for the average student and if one attempted to buy all the books which are prescribed for a course it would mean that only very few privileged students would afford an education in India. Continue reading Oxford and Cambridge University Publishers v. Students of India

An Analysis of the Latest Round of Internet Censorship in India (Communalism and Rioting Edition): Pranesh Prakash

Guest post by PRANESH PRAKASH

How many items have been blocked?

There are a total of 309 specific items (those being URLs, Twitter accounts, img tags, blog posts, blogs, and a handful of websites) that have been blocked. This number is meaningless at one level, given that it doesn’t differentiate between the blocking of an entire website (with dozens or hundreds of web pages) from the blocking of a single webpage. However, given that very few websites have been blocked at the domain-level, that number is still reasonably useful. Continue reading An Analysis of the Latest Round of Internet Censorship in India (Communalism and Rioting Edition): Pranesh Prakash

Drugs in 3(d) and What Matters in the Novartis Case at Supreme Court: Dwijen Rangnekar

Guest post by DWIJEN RANGNEKAR

Background

Glivec (called Gliveec in the US) is a drug for chronic myelogenous leukaemia (CML) – a rare and debilitating form of cancer. A Novartis drug, it has been heralded as a sign of pioneering pharmaceutical research. And, no doubt, it is a ‘life-saving’ drug; though, it also has to be taken life-long. Most narratives of the research pathways of Glivec gloss over the 40+ years of publicly funded and conducted research that isolated the cause, a BCR-ABL oncogene, and performed the initial clinical research that identified a promising candidate (STI 571 – imatinib mesylate). Novartis, the Swiss-headquartered pharma transnational, proceeded to synthesise and test STI 571, which in 1993 was patented. Further research found that a beta crystalline form of imatinib mesylate was more stable – and this was also patented (in 1997) and approved in the US in 2001. In 1998, a patent application for this beta crystalline form was filed in India – and this is in dispute here.

Section 3(d) is a provision in India’s patent law – and is unique to India; though, as explained in the article, it reflects a wider authorship of global public concern. The section was introduced in the third amendment to Patent Act, 1970 (i.e. The Patents (Amendment) Act, 2005) when India was fulfilling its final commitments to patent-related obligations at TRIPS. Written in technologically neutral language, 3(d) seeks to deny the availability of patents where a ‘new form of a known substance … does not result in the enhancement of the known efficacy of that substance’. This, along with other provisions, would hopefully make it more difficult to patent trivial and incremental modifications to a drug; thus, extending patent terms and delaying entry of generic alternatives. Continue reading Drugs in 3(d) and What Matters in the Novartis Case at Supreme Court: Dwijen Rangnekar

MSS Pandian Responds to S K Thorat

Following the submission of the report by the Committee to Review NCERT Textbooks, we had posted the full text of the Report in Kafila, along with Prof MSS Pandian’s Note of Dissent. The controversy has since continued over the report as well as Pandian’s Note of Dissent, many questioning the very term ‘note of dissent’ on the ground that he had not participated in the proceedings of the Committee. Recently Prof Sukhdeo Thorat, head of the Committee has further put this point of view in print in The Hindu which has been followed by a response by MSS Pandian.

Since we have had a long and lively debate on the matter of the ‘Ambedkar cartoon’ in Kafila and the controversy seems to be continuing now in a different form, we reproduce here the links to the articles by Sukhdeo Thorat and MSS Pandian. In his piece, Sukhdeo Thorat defends the Committee’s work and presents his opinion on Pandian’s non-participation. Pandian responds in his piece raising serious questions about the way the work of the Committee proceeded from its early stages by excluding members. We present the links to these two pieces here so that readers can form their own judgement on the Committee’s work.

A blow to reproductive rights in Pakistan: Ayesha Asghar

Guest post by AYESHA ASGHAR

Early in July, Kashmala Tariq, Member of the National Assembly (MNA) of Pakistan, whom Wikipedia describes as “actively involved in women’s rights”, opposed the tabling of the Reproductive Health Bill 2012, saying that it was not in conformity with Islamic laws. The Bill was introduced by another MNA, Atiya Inayatullah, with the purpose of providing reproductive health services, including legal access to abortion,  to women in Pakistan.

Tariq accused the Bill of following the agenda of foreign NGO’s and stated that such proposals that might be in contravention of Islamic injunctions should be sent to the Council of Islamic Ideology and every party’s opinion should be sought. The Bill has been sent to the Cabinet Division for further deliberations.

Does this mean that our women representatives don’t know what reproductive rights include? The responsibility of women parliamentary representatives in Pakistan is more challenging than that of men, as women are more often made victims of oppression either in the name of culture or religion.

Continue reading A blow to reproductive rights in Pakistan: Ayesha Asghar

Of Peace and Other Illusions

This week I reviewed War and Peace in Jangal Mahal, edited by Biswajit Roy, for The Hindu. Kafila readers will be familiar with at least two of the essays in the compilation – by Nivedita Menon and Aditya Nigam and will remember our hectic debates on the subject.

The collected letters of correspondence between the Communist Party of India (Maoist) and the Indian state is an archive of corpses: policemen and guerrillas, commanders and comrades, police informers and Maoist sympathisers. The body count racked up by each serves as a signalling mechanism for the other.

Except for the police and Maoist commanders, the dead usually don’t get to choose sides; their identities are written in reverse, a teleological narration that details seemingly insignificant decisions that end in death.

In June this year, the CRPF, state police and CoBRA battalion killed 19 men, women and children in an anti-Maoist operation, claiming those killed were hardened Maoists. When newspapers reported that villagers said they were conducting a public meeting when they were surrounded by police and shot, the police pointed to six troopers injured in the encounter and asked why villagers were holding a meeting in the middle of the night.

The Maoists have an explanation for their violence as well. “The notion of just principle in a normal situation is different from that [in] a war-like situation,” wrote Maoist commander Kishenji in a letter to the Bengali daily, Dainik Statesman , in which he explained his party’s policy of killing police informers, “During war, freedom of thought, consciousness, initiative and innovation is much limited in scope.”

Read the rest of the review here

On bodies and gender, and what Pinki Pramanik teaches us

The story of Pinki Pramanik and her partner can be pieced together like any other story of intimacy gone bad. After all, human beings invariably encounter pain and betrayal in intimate relationships, just as they encounter joy and desire. No relationship is free of power, whether produced by individual personalities or by social structures — patriarchy, the assumption of heterosexuality as natural, caste, class, race. Why then has Pinki’s story become about something else altogether? Because we assume that our bodies are “naturally” male or female.

But would anyone pass a gender test?

(Here’s the rest of this short piece published in Indian Express yesterday).

Last year I had posted The disappearing body and feminist thought on kafila, raising very much the same issues.