Criminals in Polits

He is seen to be the "bahubali", one among the many strongmen who oust and supplant the state, still, in so many parts of Uttar Pradesh and Bihar.
Even as the rest of India talks grandly of governance reform, in these swathes, the mission remains far more basic — to restore the state's writ and to extricate the police and administration from the grip of feudal overlords and strongmen. This was far more marked in Bihar, where the state had receded, or allowed its apparatus to be captured by the ruling party. With menace and benevolence rolled into one, these men appropriated the system, ran things in their own arbitrary way, dispensed patronage — and their power was affirmed by elections. That story has been changing in Bihar, partly because of firm political leadership and because public tolerance and cynicism had bottomed out. Uttar Pradesh, though, still has unreformed areas of darkness like Pratapgarh. The Akhilesh Yadav government, instead of providing the hoped-for re-imagination of the state, has continued to disempower the law and order machinery. SP workers continue to flout the rules.
The bahubali phenomenon is an affront to democracy and a throwback to a darker feudal past. It gives the lie to the larger story of India, of free elections and open aspirations. It begs the most fundamental questions about the state's mandate to ensure security and freedom from fear. Uttar Pradesh is the most influential state in Indian politics, and rescuing it from this feudal-criminal swamp should be a priority for its leadership.

The demographics of India

India is one of the richest countries in the world in terms of biodiversity. This natural variation in life is also reflected in the demography of the land. Although the causes behind biodiversity and demographic diversity are different, the human population of the land has depended on the biodiversity in many ways for a long time. At the same time, today, the excessive human population of India is leading to a survival pressure on the biodiversity. Thus, it is important to know and appreciate the diversity in both - human population and flora and fauna.

Demographic diversity of India

Main article: Demographics of India

India is a remarkably diverse country. Arguably, only the continent of Africa exceeds the linguistic, genetic and cultural diversity of the nation of India.^[1]. The country houses 1.2 billion people speaking 1652 languages and dialects^[2], spread out over more than two thousand ethnicities and over every major religion.

The demographics of India are remarkably diverse. India is the second most populous country in the world, with over 1.18 billion people (estimate for April, 2010), more than a sixth of the world's population. Already containing 17.31% of the world's population, India is projected to be the world's most populous country by 2025, surpassing China, its population exceeding 1.6 billion people by 2050.^[3][4] However, India has an astonishing demographic dividend where more than 50% of its population is below the age of 25 and more than 65% hovers below the age of 35. It is expected that, in 2020, the average age of an Indian will be 29 years, compared to 37 for China and 48 for Japan; and, by 2030, India's dependency ratio should be just over 0.4.^[5]

This demographic diversity of India is both good and bad for its biodiversity. Bad because of the enormous pressure the human population puts on the natural resources. And good because this human diversity has resulted in a plethora of customs, traditions and rituals in the context of native species. Plants and animals are considered sacred (eg: Ocimum tenuiflorum or Tulsi) or find mentions in mythological stories (eg: Elephas maximus indicus or Indian Elephant) or are used in religious rituals (eg: Nelumbo nucifera or Indian Lotus). These deep associations between biodiversity and culture presents us with a unique opportunity for their conservation. Click this link to read about the cultural associations of Indian biodiversity...

Flora and fauna of India

Main article:Fauna of India and Wildlife of India
India is a country rich in biological diversity. It lies within the Indomalaya ecozone and completely houses two of the 34 biodiversity hotspot in the world^[6]. The third - Indo-Burma - lies partially within the Indian North-East.

There is a huge species diversity in India, with several of the species being endemic to the their native ranges in India^{[citation needed]}.

Group	Number	% of world species
Mammals	350	7.6%
Birds	1224	12.6%
Amphibians	197	4.4%
Reptiles	408	6.2%
Fishes	2546	11.7%
Flowering plants	15000	6%

Sources: Indira Gandhi Conservation Monitoring Centre (IGCMC), New Delhi ^[7] and IISc ^[8]

Many Indian species are descendants of taxa originating in Gondwana, to which India originally belonged. Peninsular India's subsequent movement towards, and collision with, the Laurasian landmass set off a mass exchange of species. However, volcanism and climatic change 20 million years ago caused the extinction of many endemic Indian forms.^[9] Soon thereafter, mammals entered India from Asia through two passes on either side of the emerging Himalaya.^[10] As a result, among Indian species, only 12.6% of mammals and 4.5% of birds are endemic, contrasting with 45.8% of reptiles and 55.8% of amphibians.^[11] Notable endemics are the Nilgiri leaf monkey and the brown and carmine Beddome's toad of the Western Ghats. Read more about the origin of India here.....

Biodiversity vs Human progress

Main article: Wildlife of India

Now the world's rarest monkey, the golden langur typifies the precarious survival of much of India's megafauna.

According to the 1994 IUCN assessment, India contained 172, or 2.9%, of IUCN-designated threatened species.^[12] These include the Asiatic lion, the Bengal tiger, and the Indian white-rumped vulture, which suffered a near-extinction from ingesting the dead bodies of diclofenac-treated cattle.

In recent decades, human encroachment has posed a threat to India's wildlife; in response, the system of national parks and protected areas, first established in 1935, was substantially expanded. In 1972, India enacted the Wildlife Protection Act and Project Tiger to safeguard crucial habitat; further federal protections were promulgated in the 1980s. Along with over 500 wildlife sanctuaries, India now hosts 15 biosphere reserves, four of which are part of the World Network of Biosphere Reserves; 25 wetlands are registered under the Ramsar Convention.

The need for conservation of wildlife in India is often questioned because of the apparently incorrect priority in the face of direct poverty of the people. However Article 48 of the Constitution of India specifies that, "The state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country" and Article 51-A states that "it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures."^[13]

Biodiversity hotspots

Main article:Fauna of India and Wildlife of India
A biodiversity hotspot is a biogeographic region with a significant reservoir of biodiversity that is under threat from humans. To qualify as a biodiversity hotspot on Myers 2000 edition of the hotspot-map, a region must meet two strict criteria:

1. it must contain at least 0.5% or 1,500 species of vascular plants as endemics, and
2. it has to have lost at least 70% of its primary vegetation.^[14]

Around the world, at least 25 areas qualify under this definition, with nine others possible candidates. These sites support nearly 60% of the world's plant, bird, mammal, reptile, and amphibian species, with a very high share of endemic species. Three regions that satisfy these criteria exist in India and are described below. For a more detailed information about these hotspots, go to the Biodiversityhotspots.org homepage

The Western Ghats and Sri Lanka

The Lion tailed macaque is a flagship species of the Western Ghats

About the region: The Western Ghats are a chain of hills that run along the western edge of peninsular India. Their proximity to the ocean and through orographic effect, they receive high rainfall. These regions have moist deciduous forest and rain forest. The region shows high species diversity as well as high levels of endemism. Nearly 77% of the amphibians and 62% of the reptile species found here are found nowhere else.^[15]. Sri Lanka, which lies to the south of India, is also a country rich in species diversity. It has been connected with India through several past glaciation events by a land bridge almost 140kn wide^[16].

How the biodiversity of Western Ghats originated is a still a puzzle. The region shows biogeographical affinities to the Malayan region. More recent phylogeographic studies have attempted to study the origin of Western Ghats using molecular approaches.^[17] There are also differences in taxa which are dependent on time of divergence and geological history.^[18] Along with Sri Lanka, this region also shows some faunal similarities with the Madagascan region especially in the reptiles and amphibians. Examples include the Sibynophis snakes, the Purple Frog and Sri Lankan lizard genus Nessia which appears similar to the Madagascan genus Acontias.^[19] Numerous floral links to the Madagascan region also exist.^[20] An alternate hypothesis that these taxa may have originally evolved out-of-India has also been suggested.^[21]

Biogeographical quirks exist with some taxa of Malayan origin occurring in Sri Lanka but absent in the Western Ghats. These include insects groups such as the zoraptera and plants such as those of the genus Nepenthes.

Biodiversity: There are over 6000 vascular plants belonging to over 2500 genera in this hotspot, of which over 3000 are endemic. Much of the world's spices such as black pepper and cardamom have their origins in the Western Ghats. The highest concentration of species in the Western Ghats is believed to be the Agasthyamalai Hills in the extreme south. The region also harbors over 450 bird species, about 140 mammalian species, 260 reptiles and 175 amphibians. Over 60% of the reptiles and amphibians are completely endemic to the hotspot. Remarkable as this diversity is, it is severely threatened today. The vegetation in this hotspot originally extended over 190,000 square kms. Today, its been reduced to just 43,000 sq. km. In Sri Lanka, only 1.5% of the original forest cover still remains^[16].

The Eastern Himalayas

The Indian Rhinoceros is one of the 45 species of globally threatened mammals found in the Eastern Himalayas.

About the region: The Eastern Himalayas is the region encompassing Bhutan, northeastern India, and southern, central, and eastern Nepal. The region is geologically young and shows high altitudinal variation. Together, the Himalayan mountain system is the world's highest, and home to the world's highest peaks, which include Mount Everest and K2. To comprehend the enormous scale of this mountain range, consider that Aconcagua, in the Andes, at 6962 metres is the highest peak outside Asia, whereas the Himalayan system includes over 100 mountains exceeding 7200 metres^[22]. Some of the world's major river systems arise in the Himalayas, and their combined drainage basin is home to some 3 billion people (almost half of Earth's population) in 18 countries. The Himalayas have profoundly shaped the cultures of South Asia; many Himalayan peaks are sacred in Hinduism, Buddhism and Sikhism.

Geologically, the origin of the Himalayas is the impact of the Indian tectonic plate traveling northward at 15cm per year to impact the Eurasian continent, about 40-50 million years ago. The formation of the Himalayan arc resulted since the lighter rock of the seabeds of that time were easily uplifted into mountains. An often-cited fact used to illustrate this process is that the summit of Mount Everest is made of marine limestone.^[23]

Biodiversity: The Eastern Himalayan hotspot has nearly 163 globally threatened species including the One-horned Rhinoceros (Rhinoceros unicornis), the Wild Asian Water buffalo (Bubalus bubalis (Arnee)) and in all 45 mammals, 50 birds, 17 reptiles, 12 amphibians, 3 invertebrate and 36 plant species^[24][25] The Relict Dragonfly (Epiophlebia laidlawi) is an endangered species found here with the only other species in the genus being found in Japan. The region is also home to the Himalayan Newt (Tylototriton verrucosus), the only salamander species found within Indian limits.^[26]

There are an estimated 10,000 species of plants in the Himalayas, of which one-third are endemic and found nowhere else in the world. Five families - Tetracentraceae, Hamamelidaceae, Circaesteraceae, Butomaceae and Stachyuraceae - are completely endemic to this region. Many plant species are found even in the highest reaches of the Himalayan mountains. For example, a plant species Ermania himalayensis was found at an altitude of 6300 metres in northwestern Himalayas!^[27]. A few threatened endemic bird species such as the Himalayan Quail, Cheer pheasant, Western tragopan are found here, alongwith some of Asia's largest and most endangered birds such as the Himalayan vulture and White-bellied heron^[27].

The Saola, a bovine, is one of the world's rarest mammals. It was discovered in Vietnam only in 1992

The Himalayas are home to over 300 species of mammals, a dozen of which are endemic. Mammals like the Golden langur, The Himalayan tahr, the pygmy hog, Langurs, Asiatic wild dogs, sloth bears, Gaurs, Muntjac, Sambar, Snow leopard, Black bear, Blue sheep, Takin, the Gangetic dolphin, wild water buffalo, swamp deer call the Himalayan ranged their home. The only endemic genus in the hotspot is the Namadapha flying squirrel which is critically endangered and is described only from a single specimen from Namdapha National Park^[27].

Indo-Burma

About the region: The Indo-Burma region encompasses several countries. It is spread out from Eastern Bangladesh to Malaysia and includes North-Eastern India south of Brahmaputra river, Myanmar, the southern part of China's Yunnan province, Lao People’s Democratic Republic, Cambodia, Vietnam and Thailand. The Indo-Burma region is spread over 2 million sq. km of tropical Asia. Since this hotspot is spread over such a large area and across several major landforms, there is a wide diversity of climate and habitat patterns in this region.

Biodiversity: Much of this region is still a wilderness, but has been deteriorating rapidly in the past few decades. In recent times, six species of large mammals have been discovered here: Large-antlered muntjac, Annamite muntjac, Grey-shanked douc, Annamite striped rabbit, Leaf deer, and the Saola. This region is home to several primate species such as monkeys , langurs and gibbons with populations numbering only in the hundreds. Many of the species, especially some freshwater turtle species, are endemic. Almost 1,300 bird species exist in this region including the threatened white-eared night-heron, the grey-crowned crocias, and the orange-necked partridge. It is estimated that there are about 13,500 plant species in this hotspot, with over half of them endemic. Ginger, for example, is native to this region. ^[28]

Reasons for biodiversity loss in hotspots

There are four main reasons why species are being threatened in these biodiversity hotspots

1. Habitat destruction: As recently as 30 years ago, most of the regions in these biodiversity hotspots were inaccessible and remote. Now, due to better infrastructure, contact of these areas with humans has increased. Activities such as logging of wood, increased agriculture, increased human habitation has led to destruction of forests and pollution of rivers. These factors are causing species ranges to reduce and habitats to become choppy. The government planned to establish habitat corridors, but these plans have not yet materialized in most areas. Activities such as mining, construction of large dams, highway construction has also caused significant destruction of habitats^[29].
2. Resource mismanagement: Increased tourism without proper regulation has led to pollution and environmental degradation. Prime example are pilgrimage destinations like Rishikesh and hill stations like Dehradoon. These spots, once nestled in the pristine ranges of the Himalayas, are now dirty commercial destinations. Places like Dehradoon are even experiencing a construction boom so large that illegal immigrants from Bangladesh are also flocking there^[30]. Religious destinations in the Himalayas, where devotees flock in millions now, are also hot destinations for medicinal plant trade, which has threatened plant life in the area.
3. Poaching: Large mammals such as the tiger, rhinoceros and the elephant once faced the distinct possibility of complete extinction due to rampant hunting and poaching. However, efforts by conservationists since the 1970s has helped stabilize and grow these populations. Still, the trade in tiger hide, elephant tusks, tiger teeth, rhinoceros horn remains profitable and rampant^[31][32].
4. Climate change: Although dire IPCC predictions of Himalayan glaciers melting by 2035 have been retracted^[33], there is no doubt that several Himalayan glaciers are melting^[34][35]. In the Western Ghats, studies have shown that the deciduous and the evergreen forests of Karnataka are the most at risk^[36][37]. Climate change may significantly affect the temperatures, rainfalls and water tables in the Western Ghats, according to an assessment by the Government of India.

Recent extinctions

Illustration of a Himalayan Quail from A. O. Hume's work. Last seen in 1876

The exploitation of land and forest resources by humans along with hunting and trapping for food and sport has led to the extinction of many species in India in recent times. These species include mammals such as the Indian / Asiatic Cheetah, Javan Rhinoceros and Sumatran Rhinoceros.^[38] While some of these large mammal species are confirmed extinct, there have been many smaller animal and plant species whose status is harder to determine. Many species have not been seen since their description.

Hubbardia heptaneuron, a species of grass that grew in the spray zone of the Jog Falls prior to the construction of the Linganamakki reservoir, was thought to be extinct but a few were rediscovered near Kolhapur in Maharashtra.^[39]

Some species of birds have gone extinct in recent times, including the Pink-headed Duck (Rhodonessa caryophyllacea) and the Himalayan Quail (Ophrysia superciliosa). A species of warbler, Acrocephalus orinus, known earlier from a single specimen collected by Allan Octavian Hume from near Rampur in Himachal Pradesh was rediscovered after 139 years in Thailand

Census 2011: Technology

Do you hold an identity in a country which houses more than a 100 crores of people? Each one of us will as the work on Census 2011 unfolds. As Home Minister P. Chidambaram has pointed out that it is the biggest exercise since mankind came into existence and it is nowhere in the world that a government tries to count and issue identity cards to more than a billion people. The dimensions of this entire charade are hard to envisage. It is being labeled as the world's largest exercise in terms of the data captured, manpower involved and the expenses involved but it is also a technological marvel to achieve such goals!It is a matter of great pride that India has till date been able to hold censuses without any breaks since 1872 every 10 years. Struggle for Independence, Partition, wars, floods and earthquakes, have had no impact and have not been able to interrupt the exercise so far.The Head count operations were halted even in England during World War II but it was successfully conducted in India. Why is the 2011 Census being hyped beyond proportions? Why is it so unique and different from its predecessors? It is the setting up of the National Population Register (NPR) which is the database of every single citizen of India. How's that different from what the Census was already doing? The Census is a purely statistical exercise which involves only the head count whereas the NPR involves individual data collection such as your name, relationship to the head of the family, father's name, mother's name, sex, marital status, date of birth, nationality and the details of the present address (residential) etc.After the forms which have been designed by the National Institute of Design in Ahmedabad are filled, they are scanned and then the images are processed using ICR technology. No other country in the world uses such sophisticated technology to process its Census data.This is indeed a technological marvel for the census in India. It has not been achieved overnight and its evolution has been a gradual process which began about fifty years back. It would be interesting to trace this Technological Evolution. Let us see how it all began a few years back.
Census India: Technology used in 1961 CensusPrior to the 1961 census the data entry and data collection was done manually. The 1961 census initiated and adopted the use of 'Unit Record' systems. The mode of data entry were d punching machines which were used for the first time where the cards were inserted one by one. The punch cards consisted of 80 columns which converted the data into machine readable formats. The data processing was done only on 5% of the data picked out from the large data base. Around 70 officers were involved in the data entry, programming and machine operations. Reproducer was used to duplicate the entire set of punched cards.Verifiers and sorter machines were used for data processing. SRTT Printers called Serial Rolling Total Tabulator cum Printer was used for the tabulation and printing of the collected data. There was no provision for keeping any back up for the huge data.
Census India: Technology used in 1971 CensusThe census in 1971 saw the advent of both mechanical and electrical key punching machines for entering data. As against inserting the cards one by one, punch cards consisting of 80 columns were used in a stalk by the machine. Processing was could be done on 15% of the data picked out from the main data collected. Around 90 officers were involved in the data entry, programming & machine operations. An IBM 1401 computer, Card Reader and a Printer were used for data processing. For the first time, provision was made for back up storage of data and data processing was done using large size spools of magnetic tape.
Census India: Technology used in 1981 CensusData entry was introduced for the first time in the 1981 census and 15 data centers were created across the country along with one main center. More than one state was attached to each center.New technological devices which were used to convert paper based information into machine readable form were 'key to disk' systems supplied by ECIL, ICT and GCS. HP 1000, CD-Cyber 730 and NEC-1000 systems were used for the first time to process data.at the National Informatics Center (NIC), New Delhi and the Regional Computer Center (RCC) at Chandigarh. The data processing facilities were not available at the main center. 25% of the data collected could be captured and processed .Around 1200 officers besides the officers at the 15 data centers were engaged for the entire census data processing activities. The requisite software for data validation, editing, processing and tabulation was developed by the officers at the Data Processing Division at the Office of the Registrar General (ORG), India.
Census India: Technology used in 1991The 1991 census saw dramatic and revolutionary changes in the data processing technology. It was during this time that the ORGI launched its indigenous computing facility and installed the Medha- 930 main frame system using the operating system Unix which was connected to the servers at 15 data centers where the data was entered. Transfer of data between the centers was done using magnetic tapes. Four Regional centers at Delhi, Bhopal, Bhubaneshwar and Chennai were created for editing and generating lower level tabulations and reports whereas the main data processing and generating tables at different levels was done at the Data Processing Division of ORGI and the necessary software for data validation and tabulation was developed by its officers. It was for the first time in 1991 census that camera ready copies of the tabulations were prepared in Hindi as well as English for publication. It was during this census that 45% data was captured and processed. This exercise involved around 1200 officers over and above the ones engaged at the 15 data centers. The software was developed indigenously by DP Division officers of ORGI.
Census India: Technology used in 2001 CensusThe 2001 Census was marked by a lot of hardware up gradations at the 15 data processing centers. This was done to incorporate some contemporary the latest technologies like the Automatic Form Processing Technology which was applied using Intelligent Character Recognition technology (ICR). ICR technology turned out to be the most compatible considering the magnitude of the entire data processing exercise and initiated a revolution of sorts for the census activities.The magnanimity of the data processing can be gauged by the fact that 45 NT Servers, 1060 PIII PCs, 25 High speed heavy duty duplex scanners (Kodak) were set up at all the data processing centers. Back up devices like ZIP SLR and DLT Drives were also installed for the first time. This activity involved around 1200 officers and about 500 contract based operators for capturing and processing data.) . Scanning and data file creations went on for 24 hours a day without a break and for the first time, System Integrators were nominated for these operations. Due to the latest technology hundred percent data could be captured and processed for the first time in any census which amounted to more than a billion records. The scanned images were stored permanently in an archive. The need for setting up of regional centers for tabulations was eliminated due to the use of ICR technology after scanning the schedules.This brought down the expenses drastically and saved some finances for the government. The use of this technology not only eased the process but helped the officers in imbibing new skills as the software was developed by the officers themselves and turned out to be an innovative experience for them.
Census India: Technology used in 2011 CensusIn the current 2011 census, the forms have been printed in 16 languages this time which only reaffirms the fact it is indeed the largest such exercise in the world. The ICR Technology that was pioneered by India during the 2001 census has become a role model for major countries across the globe. The improved version of this software is being utilized again for the scanning of the Census Forms at high speed and automatic interpretation of the data in the 2011 census as India already has the expertise to deal with it and it has been successfully implemented in the past.It is evident that the percentage of data captured grew from a mere 5% to 100% over the last fifty years due to the innovations in technology.In 2011 census the scanners that are being used have additional features like image enhancement, removing noises and detection and auto correction of images through its own software.The version of ICR software that is being used this time has better recognition featuresand its workflow management capacity is also enhanced.
Census India: Use of ICR TechnologyWhat is ICR Technology? Intelligent Character Recognition (ICR) software converts hand printed characters to a machine readable format. This is a very crucial technology which has a high utility value. The ability to recognize hand written characters makes it very suitable and apt for the data processing activities involved in a census and helps in saving a lot of time besides raising the accuracy levels. This could not have been achieved if done manually.The software for ICR is actually based on the science of neural networks which is like a human brain. It is termed intelligent because it is able to tackle the variations in the character shapes.Basics of ICR TechnologyNo two persons can write characters in a similar manner and hence understanding and interpreting the patterns of human writing is more complex and challenging than converting simple machine formats. Variation in characters can occur due to the differences in environment, mood or even stress. A person will fill out the form each time in a different manner (hand writing). Variations will even appear within the same word, depending on where a character appears. The hand written characters are also never evenly spaced across the page making it all the more difficult for recognition systems to effectively break words into their component characters.ICR is able to do all this and thus helps in not only saving a lot of time but does it with enhanced efficiency and accuracy. India is the only country in the world to apply this technology to the massive census exercise.Truly the census 2011 in India is not only a technological marvel but a technological challenge as well.

FDI in Retail Sector

Just back from first frenzied shopping experience in the UK, a four year old ever-inquisitive daughter asked to her father, “Why do we not have a Harrods in Delhi? Shopping there is so much fun!” Simple question for a four-year-old, but not so simple for her father to explain.
As per the current regulatory regime, retail trading (except under single-brand product retailing — FDI up to 51 per cent, under the Government route) is prohibited in India. Simply put, for a company to be able to get foreign funding, products sold by it to the general public should only be of a ‘single-brand’; this condition being in addition to a few other conditions to be adhered to. That explains why we do not have a Harrods in Delhi.
India being a signatory to World Trade Organisation’s General Agreement on Trade in Services, which include wholesale and retailing services, had to open up the retail trade sector to foreign investment. There were initial reservations towards opening up of retail sector arising from fear of job losses, procurement from international market, competition and loss of entrepreneurial opportunities. However, the government in a series of moves has opened up the retail sector slowly to Foreign Direct Investment (“FDI”). In 1997, FDI in cash and carry (wholesale) with 100 percent ownership was allowed under the Government approval route. It was brought under the automatic route in 2006. 51 percent investment in a single brand retail outlet was also permitted in 2006. FDI in Multi-Brand retailing is prohibited in India.
Definition of Retail
In 2004, The High Court of Delhi[1] defined the term ‘retail’ as a sale for final consumption in contrast to a sale for further sale or processing (i.e. wholesale). A sale to the ultimate consumer.
Thus, retailing can be said to be the interface between the producer and the individual consumer buying for personal consumption. This excludes direct interface between the manufacturer and institutional buyers such as the government and other bulk customersRetailing is the last link that connects the individual consumer with the manufacturing and distribution chain. A retailer is involved in the act of selling goods to the individual consumer at a margin of profit.
Division of Retail Industry – Organised and Unorganised Retailing
The retail industry is mainly divided into:- 1) Organised and 2) Unorganised Retailing
Organised retailing refers to trading activities undertaken by licensed retailers, that is, those who are registered for sales tax, income tax, etc. These include the corporate-backed hypermarkets and retail chains, and also the privately owned large retail businesses.
Unorganised retailing, on the other hand, refers to the traditional formats of low-cost retailing, for example, the local kirana shops, owner manned general stores, paan/beedi shops, convenience stores, hand cart and pavement vendors, etc.
The Indian retail sector is highly fragmented with 97 per cent of its business being run by the unorganized retailers. The organized retail however is at a very nascent stage. The sector is the largest source of employment after agriculture, and has deep penetration into rural India generating more than 10 per cent of India’s GDP.[2]
FDI Policy in India
FDI as defined in Dictionary of Economics (Graham Bannock et.al) is investment in a foreign country through the acquisition of a local company or the establishment there of an operation on a new (Greenfield) site. To put in simple words, FDI refers to capital inflows from abroad that is invested in or to enhance the production capacity of the economy.[3]
Foreign Investment in India is governed by the FDI policy announced by the Government of India and the provision of the Foreign Exchange Management Act (FEMA) 1999. The Reserve Bank of India (‘RBI’) in this regard had issued a notification,[4] which contains the Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000. This notification has been amended from time to time.
The Ministry of Commerce and Industry, Government of India is the nodal agency for motoring and reviewing the FDI policy on continued basis and changes in sectoral policy/ sectoral equity cap. The FDI policy is notified through Press Notes by the Secretariat for Industrial Assistance (SIA), Department of Industrial Policy and Promotion (DIPP).
The foreign investors are free to invest in India, except few sectors/activities, where prior approval from the RBI or Foreign Investment Promotion Board (‘FIPB’) would be required.
FDI Policy with Regard to Retailing in India
It will be prudent to look into Press Note 4 of 2006 issued by DIPP and consolidated FDI Policy issued in October 2010[5] which provide the sector specific guidelines for FDI with regard to the conduct of trading activities.
a) FDI up to 100% for cash and carry wholesale trading and export trading allowed under the automatic route.
b) FDI up to 51 % with prior Government approval (i.e. FIPB) for retail trade of ‘Single Brand’ products, subject to Press Note 3 (2006 Series)[6].
c) FDI is not permitted in Multi Brand Retailing in India.
Entry Options For Foreign Players prior to FDI Policy
Although prior to Jan 24, 2006, FDI was not authorised in retailing, most general players ha\d been operating in the country. Some of entrance routes used by them have been discussed in sum as below:-
1. Franchise Agreements
It is an easiest track to come in the Indian market. In franchising and commission agents’ services, FDI (unless otherwise prohibited) is allowed with the approval of the Reserve Bank of India (RBI) under the Foreign Exchange Management Act. This is a most usual mode for entrance of quick food bondage opposite a world. Apart from quick food bondage identical to Pizza Hut, players such as Lacoste, Mango, Nike as good as Marks as good as Spencer, have entered Indian marketplace by this route. 2. Cash And Carry Wholesale Trading
100% FDI is allowed in wholesale trading which involves building of a large distribution infrastructure to assist local manufacturers.[7] The wholesaler deals only with smaller retailers and not Consumers. Metro AG of Germany was the first significant global player to enter India through this route.
3. Strategic Licensing Agreements
Some foreign brands give exclusive licences and distribution rights to Indian companies. Through these rights, Indian companies can either sell it through their own stores, or enter into shop-in-shop arrangements or distribute the brands to franchisees. Mango, the Spanish apparel brand has entered India through this route with an agreement with Piramyd, Mumbai, SPAR entered into a similar agreement with Radhakrishna Foodlands Pvt. Ltd
4. Manufacturing and Wholly Owned Subsidiaries.
The foreign brands such as Nike, Reebok, Adidas, etc. that have wholly-owned subsidiaries in manufacturing are treated as Indian companies and are, therefore, allowed to do retail. These companies have been authorised to sell products to Indian consumers by franchising, internal distributors, existent Indian retailers, own outlets, etc. For instance, Nike entered through an exclusive licensing agreement with Sierra Enterprises but now has a wholly owned subsidiary, Nike India Private Limited.
FDI in Single Brand Retail
The Government has not categorically defined the meaning of “Single Brand” anywhere neither in any of its circulars nor any notifications.
In single-brand retail, FDI up to 51 per cent is allowed, subject to Foreign Investment Promotion Board (FIPB) approval and subject to the conditions mentioned in Press Note 3[8] that (a) only single brand products would be sold (i.e., retail of goods of multi-brand even if produced by the same manufacturer would not be allowed), (b) products should be sold under the same brand internationally, (c) single-brand product retail would only cover products which are branded during manufacturing and (d) any addition to product categories to be sold under “single-brand” would require fresh approval from the government.
While the phrase ‘single brand’ has not been defined, it implies that foreign companies would be allowed to sell goods sold internationally under a ‘single brand’, viz., Reebok, Nokia, Adidas. Retailing of goods of multiple brands, even if such products were produced by the same manufacturer, would not be allowed.
Going a step further, we examine the concept of ‘single brand’ and the associated conditions:
FDI in ‘Single brand’ retail implies that a retail store with foreign investment can only sell one brand. For example, if Adidas were to obtain permission to retail its flagship brand in India, those retail outlets could only sell products under the Adidas brand and not the Reebok brand, for which separate permission is required. If granted permission, Adidas could sell products under the Reebok brand in separate outlets.
But, what is a ‘brand’?
Brands could be classified as products and multiple products, or could be manufacturer brands and own-label brands. Assume that a company owns two leading international brands in the footwear industry – say ‘A’ and ‘R’. If the corporate were to obtain permission to retail its brand in India with a local partner, it would need to specify which of the brands it would sell. A reading of the government release indicates that A and R would need separate approvals, separate legal entities, and may be even separate stores in which to operate in India. However, it should be noted that the retailers would be able to sell multiple products under the same brand, e.g., a product range under brand ‘A’ Further, it appears that the same joint venture partners could operate various brands, but under separate legal entities.[9]
Now, taking an example of a large departmental grocery chain, prima facie it appears that it would not be able to enter India. These chains would, typically, source products and, thereafter, brand it under their private labels. Since the regulations require the products to be branded at the manufacturing stage, this model may not work. The regulations appear to discourage own-label products and appear to be tilted heavily towards the foreign manufacturer brands.[10]
There is ambiguity in the interpretation of the term ‘single brand’. The existing policy does not clearly codify whether retailing of goods with sub-brands bunched under a major parent brand can be considered as single-brand retailing and, accordingly, eligible for 51 per cent FDI. Additionally, the question on whether co-branded goods (specifically branded as such at the time of manufacturing) would qualify as single brand retail trading remains unanswered.
FDI in Multi Brand Retail
The government has also not defined the term Multi Brand. FDI in Multi Brand retail implies that a retail store with a foreign investment can sell multiple brands under one roof.
In July 2010, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce circulated a discussion paper[11] on allowing FDI in multi-brand retail. The paper doesn’t suggest any upper limit on FDI in multi-brand retail. If implemented, it would open the doors for global retail giants to enter and establish their footprints on the retail landscape of India. Opening up FDI in multi-brand retail will mean that global retailers including Wal-Mart, Carrefour and Tesco can open stores offering a range of household items and grocery directly to consumers in the same way as the ubiquitous ’kirana’ store.
Foreign Investor’s Concern Regarding FDI Policy in IndiaFor those brands which adopt the franchising route as a matter of policy, the current FDI Policy will not make any difference. They would have preferred that the Government liberalize rules for maximizing their royalty and franchise fees. They must still rely on innovative structuring of franchise arrangements to maximize their returns. Consumer durable majors such as LG and Samsung, which have exclusive franchisee owned stores, are unlikely to shift from the preferred route right away.For those companies which choose to adopt the route of 51% partnership, they must tie up with a local partner. The key is finding a partner which is reliable and who can also teach a trick or two about the domestic market and the Indian consumer. Currently, the organized retail sector is dominated by the likes of large business groups which decided to diversify into retail to cash in on the boom in the sector – corporates such as Tata through its brand Westside, RPG Group through Foodworld, Pantaloon of the Raheja Group and Shopper’s Stop. Do foreign investors look to tie up with an existing retailer or look to others not necessarily in the business but looking to diversify, as many business groups are doing?
An arrangement in the short to medium term may work wonders but what happens if the Government decides to further liberalize the regulations as it is currently contemplating? Will the foreign investor terminate the agreement with Indian partner and trade in market without him? Either way, the foreign investor must negotiate its joint venture agreements carefully, with an option for a buy-out of the Indian partner’s share if and when regulations so permit. They must also be aware of the regulation which states that once a foreign company enters into a technical or financial collaboration with an Indian partner, it cannot enter into another joint venture with another Indian company or set up its own subsidiary in the ‘same’ field’ without the first partner’s consent if the joint venture agreement does not provide for a ‘conflict of interest’ clause. In effect, it means that foreign brand owners must be extremely careful whom they choose as partners and the brand they introduce in India. The first brand could also be their last if they do not negotiate the strategic arrangement diligently.
Concerns for the Government for only Partially Allowing FDI in Retail Sector
A number of concerns were expressed with regard to partial opening of the retail sector for FDI. The Hon’ble Department Related Parliamentary Standing Committee on Commerce, in its 90th Report, on ‘Foreign and Domestic Investment in Retail Sector’, laid in the Lok Sabha and the Rajya Sabha on 8 June, 2009, had made an in-depth study on the subject and identified a number of issues related to FDI in the retail sector. These included:
It would lead to unfair competition and ultimately result in large-scale exit of domestic retailers, especially the small family managed outlets, leading to large scale displacement of persons employed in the retail sector. Further, as the manufacturing sector has not been growing fast enough, the persons displaced from the retail sector would not be absorbed there.
Another concern is that the Indian retail sector, particularly organized retail, is still under-developed and in a nascent stage and that, therefore, it is important that the domestic retail sector is allowed to grow and consolidate first, before opening this sector to foreign investors.
Antagonists of FDI in retail sector oppose the same on various grounds, like, that the entry of large global retailers such as Wal-Mart would kill local shops and millions of jobs, since the unorganized retail sector employs an enormous percentage of Indian population after the agriculture sector; secondly that the global retailers would conspire and exercise monopolistic power to raise prices and monopolistic (big buying) power to reduce the prices received by the suppliers; thirdly, it would lead to asymmetrical growth in cities, causing discontent and social tension elsewhere. Hence, both the consumers and the suppliers would lose, while the profit margins of such retail chains would go up.
LIMITATIONS OF THE PRESENT SETUP
Infrastructure
There has been a lack of investment in the logistics of the retail chain, leading to an inefficient market mechanism. Though India is the second largest producer of fruits and vegetables (about 180 million MT), it has a very limited integrated cold-chain infrastructure, with only 5386 stand-alone cold storages, having a total capacity of 23.6 million MT. , 80% of this is used only for potatoes. The chain is highly fragmented and hence, perishable horticultural commodities find it difficult to link to distant markets, including overseas markets, round the year. Storage infrastructure is necessary for carrying over the agricultural produce from production periods to the rest of the year and to prevent distress sales. Lack of adequate storage facilities cause heavy losses to farmers in terms of wastage in quality and quantity of produce in general. Though FDI is permitted in cold-chain to the extent of 100%, through the automatic route, in the absence of FDI in retailing; FDI flow to the sector has not been significant.
Intermediaries dominate the value chain
Intermediaries often flout mandi norms and their pricing lacks transparency. Wholesale regulated markets, governed by State APMC Acts, have developed a monopolistic and non-transparent character. According to some reports, Indian farmers realize only 1/3rd of the total price paid by the final consumer, as against 2/3rd by farmers in nations with a higher share of organized retail.
Improper Public Distribution System (“PDS”)
There is a big question mark on the efficacy of the public procurement and PDS set-up and the bill on food subsidies is rising. In spite of such heavy subsidies, overall food based inflation has been a matter of great concern. The absence of a ‘farm-to-fork’ retail supply system has led to the ultimate customers paying a premium for shortages and a charge for wastages.
No Global Reach
The Micro Small & Medium Enterprises (“MSME”) sector has also suffered due to lack of branding and lack of avenues to reach out to the vast world markets. While India has continued to provide emphasis on the development of MSME sector, the share of unorganised sector in overall manufacturing has declined from 34.5% in 1999-2000 to 30.3% in 2007-08[12]. This has largely been due to the inability of this sector to access latest technology and improve its marketing interface.
Rationale behind Allowing FDI in Retail Sector
FDI can be a powerful catalyst to spur competition in the retail industry, due to the current scenario of low competition and poor productivity.
The policy of single-brand retail was adopted to allow Indian consumers access to foreign brands. Since Indians spend a lot of money shopping abroad, this policy enables them to spend the same money on the same goods in India. FDI in single-brand retailing was permitted in 2006, up to 51 per cent of ownership. Between then and May 2010, a total of 94 proposals have been received. Of these, 57 proposals have been approved. An FDI inflow of US$196.46 million under the category of single brand retailing was received between April 2006 and September 2010, comprising 0.16 per cent of the total FDI inflows during the period. Retail stocks rose by as much as 5%. Shares of Pantaloon Retail (India) Ltd ended 4.84% up at Rs 441 on the Bombay Stock Exchange. Shares of Shopper’s Stop Ltd rose 2.02% and Trent Ltd, 3.19%. The exchange’s key index rose 173.04 points, or 0.99%, to 17,614.48. But this is very less as compared to what it would have been had FDI upto 100% been allowed in India for single brand.[13]
The policy of allowing 100% FDI in single brand retail can benefit both the foreign retailer and the Indian partner – foreign players get local market knowledge, while Indian companies can access global best management practices, designs and technological knowhow. By partially opening this sector, the government was able to reduce the pressure from its trading partners in bilateral/ multilateral negotiations and could demonstrate India’s intentions in liberalising this sector in a phased manner.[14]
Permitting foreign investment in food-based retailing is likely to ensure adequate flow of capital into the country & its productive use, in a manner likely to promote the welfare of all sections of society, particularly farmers and consumers. It would also help bring about improvements in farmer income & agricultural growth and assist in lowering consumer prices inflation.[15]
Apart from this, by allowing FDI in retail trade, India will significantly flourish in terms of quality standards and consumer expectations, since the inflow of FDI in retail sector is bound to pull up the quality standards and cost-competitiveness of Indian producers in all the segments. It is therefore obvious that we should not only permit but encourage FDI in retail trade.
Lastly, it is to be noted that the Indian Council of Research in International Economic Relations (ICRIER), a premier economic think tank of the country, which was appointed to look into the impact of BIG capital in the retail sector, has projected the worth of Indian retail sector to reach $496 billion by 2011-12 and ICRIER has also come to conclusion that investment of ‘big’ money (large corporates and FDI) in the retail sector would in the long run not harm interests of small, traditional, retailers.[16]
In light of the above, it can be safely concluded that allowing healthy FDI in the retail sector would not only lead to a substantial surge in the country’s GDP and overall economic development, but would inter alia also help in integrating the Indian retail market with that of the global retail market in addition to providing not just employment but a better paying employment, which the unorganized sector (kirana and other small time retailing shops) have undoubtedly failed to provide to the masses employed in them.
Industrial organisations such as CII, FICCI, US-India Business Council (USIBC), the American Chamber of Commerce in India, The Retail Association of India (RAI) and Shopping Centers Association of India (a 44 member association of Indian multi-brand retailers and shopping malls) favour a phased approach toward liberalising FDI in multi-brand retailing, and most of them agree with considering a cap of 49-51 per cent to start with.
The international retail players such as Walmart, Carrefour, Metro, IKEA, and TESCO share the same view and insist on a clear path towards 100 per cent opening up in near future. Large multinational retailers such as US-based Walmart, Germany’s Metro AG and Woolworths Ltd, the largest Australian retailer that operates in wholesale cash-and-carry ventures in India, have been demanding liberalisation of FDI rules on multi-brand retail for some time.[17]
Thus, as a matter of fact FDI in the buzzing Indian retail sector should not just be freely allowed but per contra should be significantly encouraged. Allowing FDI in multi brand retail can bring about Supply Chain Improvement, Investment in Technology, Manpower and Skill development,Tourism Development, Greater Sourcing From India, Upgradation in Agriculture, Efficient Small and Medium Scale Industries, Growth in market size and Benefits to govemment through greater GDP, tax income and employment generation.[18]
Prerequisites before allowing FDI in Multi Brand Retail and Lifting Cap of Single Brand Retail

FDI in multi-brand retailing must be dealt cautiously as it has direct impact on a large chunk of population. Left alone foreign capital will seek ways through which it can only multiply itself, and unthinking application of capital for profit, given our peculiar socio-economic conditions, may spell doom and deepen the gap between the rich and the poor. Thus the proliferation of foreign capital into multi-brand retailing needs to be anchored in such a way that it results in a win-win situation for India. This can be done by integrating into the rules and regulations for FDI in multi-brand retailing certain inbuilt safety valves. For example FDI in multi –brand retailing can be allowed in a calibrated manner with social safeguards so that the effect of possible labor dislocation can be analyzed and policy fine tuned accordingly. To ensure that the foreign investors make a genuine contribution to the development of infrastructure and logistics, it can be stipulated that a percentage of FDI should be spent towards building up of back end infrastructure, logistics or agro processing units. Reconstituting the poverty stricken and stagnating rural sphere into a forward moving and prosperous rural sphere can be one of the justifications for introducing FDI in multi-brand retailing. To actualize this goal it can be stipulated that at least 50% of the jobs in the retail outlet should be reserved for rural youth and that a certain amount of farm produce be procured from the poor farmers. Similarly to develop our small and medium enterprise (SME), it can also be stipulated that a minimum percentage of manufactured products be sourced from the SME sector in India. PDS is still in many ways the life line of the people living below the poverty line. To ensure that the system is not weakened the government may reserve the right to procure a certain amount of food grains for replenishing the buffer. To protect the interest of small retailers the government may also put in place an exclusive regulatory framework. It will ensure that the retailing giants do resort to predatory pricing or acquire monopolistic tendencies. Besides, the government and RBI need to evolve suitable policies to enable the retailers in the unorganized sector to expand and improve their efficiencies. If Government is allowing FDI, it must do it in a calibrated fashion because it is politically sensitive and link it (with) up some caveat from creating some back-end infrastructure.
Further, To take care of the concerns of the Government before allowing 100% FDI in Single Brand Retail and Multi- Brand Retail, the following recommendations are being proposed [19]:-
Preparation of a legal and regulatory framework and enforcement mechanism to ensure that large retailers are not able to dislocate small retailers by unfair means.
Extension of institutional credit, at lower rates, by public sector banks, to help improve efficiencies of small retailers; undertaking of proactive programme for assisting small retailers to upgrade themselves.
Enactment of a National Shopping Mall Regulation Act to regulate the fiscal and social aspects of the entire retail sector.
Formulation of a Model Central Law regarding FDI of Retail Sector.
Conclusion
A Start Has Been Made
Walmart has a joint venture with Bharti Enterprises for cash-and-carry (wholesale) business, which runs the ‘Best Price’ stores. It plans to have 15 stores by March and enter new states like Andhra Pradesh , Rajasthan, Madhya Pradesh and Karnataka.[20]Duke, Wallmart’s CEO opined that FDI in retail would contain inflation by reducing wastage of farm output as 30% to 40% of the produce does not reach the end-consumer. “In India, there is an opportunity to work all the way up to farmers in the back-end chain. Part of inflation is due to the fact that produces do not reach the end-consumer,” Duke said, adding, that a similar trend was noticed when organized retail became popular in the US.[21]
Many of the foreign brands would come to India if FDI in multi brand retail is permitted which can be a blessing in disguise for the economy.[22]
Back-end logistics must for FDI in multi-brand retail
The government has added an element of social benefit to its latest plan for calibrated opening of the multi-brand retail sector to foreign direct investment (FDI). Only those foreign retailers who first invest in the back-end supply chain and infrastructure would be allowed to set up multi brand retail outlets in the country. The idea is that the firms must have already created jobs for rural India before they venture into multi-brand retailing.
It can be said that the advantages of allowing unrestrained FDI in the retail sector evidently outweigh the disadvantages attached to it and the same can be deduced from the examples of successful experiments in countries like Thailand and China; where too the issue of allowing FDI in the retail sector was first met with incessant protests, but later turned out to be one of the most promising political and economical decisions of their governments and led not only to the commendable rise in the level of employment but also led to the enormous development of their country’s GDP.
Moreover, in the fierce battle between the advocators and antagonist of unrestrained FDI flows in the Indian retail sector, the interests of the consumers have been blatantly and utterly disregarded. Therefore, one of the arguments which inevitably needs to be considered and addressed while deliberating upon the captioned issue is the interests of consumers at large in relation to the interests of retailers.
It is also pertinent to note here that it can be safely contended that with the possible advent of unrestrained FDI flows in retail market, the interests of the retailers constituting the unorganized retail sector will not be gravely undermined, since nobody can force a consumer to visit a mega shopping complex or a small retailer/sabji mandi. Consumers will shop in accordance with their utmost convenience, where ever they get the lowest price, max variety, and a good consumer experience.
The Industrial policy 1991 had crafted a trajectory of change whereby every sectors of Indian economy at one point of time or the other would be embraced by liberalization, privatization and globalization.FDI in multi-brand retailing and lifting the current cap of 51% on single brand retail is in that sense a steady progression of that trajectory. But the government has by far cushioned the adverse impact of the change that has ensued in the wake of the implementation of Industrial Policy 1991 through safety nets and social safeguards. But the change that the movement of retailing sector into the FDI regime would bring about will require more involved and informed support from the government. One hopes that the government would stand up to its responsibility, because what is at stake is the stability of the vital pillars of the economy- retailing, agriculture, and manufacturing. In short, the socio economic equilibrium of the entire country.

Bringing legal aid a step closer home

The provision of legal aid to the poor and the disadvantaged exists in all civilised countries, often guided by charitable and philanthropic concerns. In a democratic set-up, the philosophy of legal aid has acquired a new meaning, with an emphasis on the concept of equality of all human beings, increasingly drawn from the universal principles of human rights. Free legal aid to the poor and marginalised members of society is now viewed as a tool to empower them to use the power of the law to advance their rights and interests as citizens, and as economic actors. Such a paradigm shift in the concept of legal aid gains greater importance when India is viewed as a growing economic power.

Parliament enacted the Legal Services Authorities Act, 1987 in order to give effect to Article 39-A of the Constitution to extend free legal aid, to ensure that the legal system promotes justice on the basis of equal opportunity. (November 9 is observed as National Legal Services Day, to commemorate the enactment of the legislation.) Those entitled to free legal services are members of the Scheduled Castes and the Scheduled Tribes, women, children, persons with disability, victims of ethnic violence, industrial workmen, persons in custody, and those whose income does not exceed a level set by the government (currently it is Rs.1 lakh a year in most States). The Act empowers legal services authorities at the district, State and national levels, and the different committees (legal services institutions) to organise Lok Adalats to resolve pending and pre-litigation disputes. It provides for permanent Lok Adalats to settle disputes involving public utility services. Under the Act, “legal services” have a meaning that includes rendering of service in the conduct of any court-annexed proceedings or proceedings before any authority, tribunal and so on, and giving advice on legal matters. Promoting legal literacy and conducting legal awareness programmes are functions of legal services institutions.

Access to justice

The Constitution treats all citizens as being equal and provides them equal protection under the law. Yet, the common person faces barriers to ‘access to justice.'

Illiteracy, lack of financial resources and social backwardness are major factors that hinder the common person from accessing justice. There are other invisible barriers: lack of courage to exercise legal rights, the proclivity to suffer silently the denial of rights, and geographical and spatial barriers are examples. Such barriers keep people disempowered and subjected to exploitation by powerful people. This results in their being shoved away from the mainstream, and they become constrained in becoming potential economic actors contributing to the nation's development.

The Act provides for a machinery to ensure access to justice to all through the institutions of legal services authorities and committees. These institutions are manned by judges and judicial officers. Parliament entrusted the judiciary with the task of implementing the provisions of the Act, as the other pillars of the government were neither inclined nor had the expertise to take up the responsibility to provide access to justice to the weaker sections.

Reaching out

One of the problems faced by legal services institutions is their inability to reach out to the common people. This hiatus between them and the common people was perceived as indirectly defeating the objectives of the Act. It is in this context that the National Legal Services Authority (NALSA) has come up with the idea of para-legal volunteers to bridge the gap between the common person and legal services institutions.

The scheme seeks to utilise community-based volunteers selected from villages and other localities to provide basic legal services to the common people. Educated persons with commitment to social service and with a record of good character are selected. The volunteers are trained by district legal services authorities. The training equips them to identify the law-related needs of the marginalised in their locality. Such needs include assistance to secure legal rights, benefits and actionable entitlements under different government schemes that are denied to them. Coming as they do from the same locality, they are in a better position to identify those who need assistance and bring them to the nearest legal services institutions to solve their problems within the framework of law. They can assist disempowered people to get their entitlements from government offices where ordinary people often face hassles on account of bureaucratic lethargy and apathy.

Legal aid clinics in villages

In order to reach out to the common people, NALSA has come up with a project to set up legal aid clinics in all villages, subject to financial viability. Ignorance of what to do when faced with law-related situations is a common problem for disempowered people. Legal aid clinics work on the lines of primary health centres, where assistance is given for simple ailments and other minor medical requirements of village residents. Legal aid clinics assist in drafting simple notices, filling up forms to avail benefits under governmental schemes and by giving initial advice on simple problems. A legal aid clinic is a facility to assist and empower people who face barriers to ‘access to justice.'

Trained para-legal volunteers are available to run legal aid clinics in villages. The common people in villages will feel more confident to discuss their problems with a friendly volunteer from their own community rather than with a city-based legal professional. The volunteers will refer any complicated legal matters that require professional assistance to the nearest legal services institutions. When complex legal problems are involved, the services of professional lawyers will be made available in the legal aid clinics.

Free and competent legal services

There has been a widespread grievance that lawyers engaged by legal services institutions do not perform their duties effectively and that the lawyers are not paid commensurately for their work. In order to solve these problems, NALSA has framed the National Legal Services Authority (Free and Competent Legal services) Regulations, 2010 to provide free and competent legal services. Scrutiny of legal aid applications, monitoring of cases where legal aid is provided, and engaging senior lawyers on payment of regular fees in special cases, are the salient features of the Regulations. In serious matters where the life and liberty of a person are in jeopardy, the Regulations empower legal services authorities to specially engage senior lawyers.

Children's rights, a neglected field

Juveniles including children constitute more than a third of India's population. Yet, children and their rights are neglected. The problems of children are often seen through the spectacles of an adult. Consequently, the rights of children who are orphaned, abandoned and in conflict with the law are not properly handled by government officials and juvenile justice institutions. Denied care and protection, they may end up as children in conflict with law. At the same time, children in conflict with the law need care and protection. In October 2011, the Supreme Court, in Sampurna Behrua v. Union of India, a public interest litigation, directed the Directors General of Police of the States to designate one police officer in each police station as juvenile/child welfare officer. The court directed legal services authorities to train such police officials and give free legal services to all children in conflict with law on an incremental basis, starting with the State capital cities.

Legal services to the mentally-ill and the mentally-retarded, to workers in the unorganised sector, and to solve disputes arising out of the implementation of the Mahatma Gandhi National Rural Employment Guarantee Act, are other schemes drawn up by NALSA for implementation by legal services institutions. A web-based monitoring system is in place to monitor their activities. NALSA works with civil society organisations, specialised statutory bodies and government departments.

Legal services institutions have until now functioned in uncharted waters, often making their presence felt only at certain ports of call like court-based legal services, organising legal literacy camps and Lok Adalats. Now, with a paradigm shift in the concept of legal services, legal services authorities are reaching out to the people to facilitate ‘access to justice' to all in the most practicable and economical manner.

social tensions & cycle of prejudice

The regularity of communal tensions and clashes in India is unfortunately accepted as part of the country's fabric. Communal frenzy, as seen in Gujarat, Delhi, Mumbai, Kandhamal and post-Babri Masjid, was considered a problem of law and order. Terrorist attacks on the public, by those belonging to different religions, also keep apprehension alive. Yet solutions to problems that beget such acts do not seem to be India's top priority. The proposed Communal Violence Bill has divided political parties, with undercurrents that are strongly coloured by religion. Religious bigotry divides people, leading to misunderstanding, intolerance, fear, hatred, social ostracism, violence and loss of livelihood and life. Yet post-mortem on major upheavals fails to focus on societal factors, which are responsible for widespread endemic tensions within communities.
Ancient and medieval India: India was always feudal, with its diverse and warring provinces and kingdoms. Its ancient civilisations, vast land mass, diverse geography, varied regional narratives, different provincial histories, distinct languages, assorted traditions and dissimilar cultures meant that its heterogeneity was always a source of tension among its numerous social groups and regions. In addition, repeated military invasions and cultural exchanges resulted in significant numbers converting to and following different religions, practising distinct traditions and appearing as discrete cultures. India as a unified nation and single national entity is a relatively recent concept.
Horrific recent heritage: While ethnic and religious tensions exist in many societies, the Partition of the subcontinent into India and Pakistan, based on religion, was a watershed. It resulted in the largest movement of people in recorded history. Half-a-million people were killed and many millions rendered homeless. There was a complete breakdown of law and order; many died in riots and massacres or just from the hardships of their flights to safety.
There have been many attempts to disentangle complex narratives of the past. Some observations suggest plausible threads, which might at least partially explain some of the current communal tensions. Stories and narratives of India's Partition clearly document that there were millions of victims and innumerable perpetrators of violence and arson on both sides. Historical accounts have recorded that ordinary people, divided by religion and driven by a need for revenge, resorted to rape, arson, looting, violence and murder against former friends, neighbours and fellow citizens. Stories of the Partition recall and record victimhood on a massive scale, on both sides of the divide. They also suggest an amazing level of amnesia among the perpetrators of the violence, of their roles in the events. Narratives of the perpetrators are rarely told, leaving each side to recall only its victimhood.
Propagated memories: The generation, which lived through and survived the Partition, often wore its victimhood on its sleeve. It could not forget the terror of the period. The recall of the horrors also resulted in an unrequited need for retribution against the perpetrators. Feelings of helplessness and lack of closure of people's experiences were passed on to their children. It was now up to subsequent generations to avenge their humiliation. Each side communicated its victimhood and branded the other the aggressor, thus propagating prejudice from one generation to the next, forgetting that both sides of the religious and national divides were victims and perpetrators in equal measure.
Perpetuating prejudice: The transmitted social tensions of the past perpetuate the cycle of prejudice. Religious chauvinism is communicated across generations. Such attitudes exacerbate social tensions between communities. Religious differences, commonly used to defend culture and tradition, are employed to exaggerate minor variations and divide a people; social constructs, articulated centuries ago, are the grounds for today's schisms. Discrimination in employment, housing and business perpetuate communal resentment.
The diversity within India, the injustices of the past and superficial differences among its people provide a fertile ground for breeding misunderstanding and hatred of the “other.” The choice of the “other” to project disaffection depends on the prejudices transmitted and the stereotypes perpetuated. While illiteracy, superstition and schooling sans an education are mainly responsible for bigotry, politics also plays a role. Leaders of diverse persuasions highlight the differences and magnify insecurities for political gain. No political formation is exempt from such manoeuvring; all exploit insecurity among their followers and within their constituencies.
Beliefs distorted in this manner are cold sanctuaries. They strongly bias and distort the perception of neutral events and perpetuate stereotypes; they become self-fulfilling prophecies, confirming one's personal prejudices. Modern technology and mass media are used to amplify such discontent and rekindle old fires. While bloodbaths and communal riots in independent India are intermittent and less intense than the violence associated with the Partition, they suffice to keep its memories and discord alive.
Rationalising crimes: Research into the holocaust suggests that the perpetrators of horrific crimes were not insane, psychopathic or coerced. Their reasoning included judgmental (e.g. victims were inferior beings) and utilitarian arguments (e.g. in the interest of national security, sacrifice of a few in the larger interest, settling of historical scores). We hear similar defence of orchestrated communal violence and pogroms. The fact that people, who usually practise ahimsa in their daily lives, seem to provide implicit support for the occasional communal riot and sporadic mass murders suggests that transferred prejudices and unacknowledged hatred have blinded their conscience. Their absolute moral certainty becomes an alibi for political violence. Their biases convince them of the validity of their reasoning and lead to the rationalisation of the most horrific crimes. Comparable reasoning is evident among those who mount terrorist attacks.
Similarly, discrimination and violence resulting from caste, linguistic and regional chauvinism are etched on collective memory. Amnesia, which selectively highlights a community's victimhood while conveniently repressing its aggression against others, works likewise, thus keeping discontent and divisions alive. All groups have bigots and fanatics who propagate their prejudices; these include many families who transmit much of their chauvinism.
Moving forward
The country needs to learn from its history. India needs a new narrative, which honestly confronts its past and its politics. We should emerge from the narrow bigoted traditions of previous generations. We need to break the chains that imprisoned those who suffered during the Partition. We should not accept divisive politics and politicians. We need to reconcile modern India with its unsettling contradictions and its divided past.
There is no point in continuing in the same vein, citing history for reasons and reasons for history, thus arguing in circles. Can we see the issues from what philosopher Hume called a “common point of view,” from some universal principle of humanity? We, as individuals and society, need to identify prejudice and bigotry transmitted through generations; we need to recognise caricatures and negative stereotypes of others passed on by our familial narratives and our factional histories. We need to re-evaluate all our firmly held beliefs and generalisations. Diligent assessments usually suggest that they are cognitive illusions.
India's diversity is a great inheritance and immense burden. A multi-religious society is as much an aspiration as a heritage. India's larger struggle is to choose the broad option of a multireligious and multicultural society over the narrow option of restricting our identities based on religion, language, caste and region.
When will we break the endless cycle of violence and counter-violence? Can we change the politics of retribution and revenge? Religious freedom, guaranteed in modern societies, is said to have two components: freedom of religion and freedom from religion. More of one usually means less of the other. India seems to have chosen the former, often resulting in a chaotic public domain in which religious ideas are allowed to jostle with one another. We need to choose freedom from exclusivist ideas over the freedom to hold them, in order to make for a less virulent civic space. We should not trade our humanity and friendships for religious bigotry.
Religions are best regarded not for their power of reason, but as a test of human tolerance of diversity. There is need to underscore the complexity of the human situation and our limitations in understanding, which unite us, rather than focus on rigid doctrines and exclusivist agendas that divide us. We need to break with history and all historical insecurities and enmities. We need to judge our humanity by those we exclude rather than by those we include. People who say “later” to religious and communal harmony actually mean “never.” The time for healing is now.