Farmer Protests and RCEP

Farmer Protests

While I was hoping to write about RCEP exclusively, just today farmer protests have happened against three farm laws which had been passed by our Govt. about a month ago without consulting anybody. The bills benefit only big business houses at the cost of farmers. This has been amply shared by an open letter to one of the biggest business house which will benefit the most.

Now while that is a national experience and what it tells, let me share, some experience from the State I come from, Maharashtra. About 4-5 years back Maharashtra delisted fruit and vegetables from the APMC market. But till date, the APMC market is working, why, the reasons are many. However, what it did was it forced the change to sugarcane, a water guzzling crop much more than previously. This has resulted in lowering the water table in Maharashtra and put them more into debt trap and later they had to commit suicide.

Now let us see why the Punjab farmers have been so agitated that they are walking all the way to Delhi. They are right now, somewhere between Haryana-Delhi border. The reason is that because even their experiments with contract farming have not been good. This is why they are struggling to go to Delhi to make their collective voices heard and get the farm bills rolled back. Even the farmers from Gujarat were sued, but because of elections were put back, the intentions though are clear. This has also happened in Uttar Pradesh and for sugarcane and that too by Bajaj Company. At the end of the day, the laws made by the Govt. leaves our farmer at the mercy of big corporations. It is preposterous to believe that the farmer, with their small land holdings will be able to stand up to the Corporation. Add to that, they cannot go to Court. It is the SDM (Sub-Divisonal Magistrate) who will decide on the matters and has the last word. If this is allowed, in a couple of years there will be only few farmers or corporations who would have large hand-holdings, and they would be easily co-opted by the Government in power.

Just in – A gentleman who turned off water cannon being shot at farmers has been charged for murder 😦

Currently, the Government procures rice in vast quantities and the farmers are assured at least some basic income, in the states of Punjab and Haryana –

Procurement of Rice by Various States

Recently there was also an article in Indian Express which shares the farmer’s apprehensions and does share that it’s a complex problem with no easy solutions. The solution can only be dialogue between the two parties. This was also shared by Vivek Kaul, who is far more knowledgable than me on the subject and made a long read on the subject.

The Canada Way

Recently, while sparring on the Internet, came to know of the Canada way. Here, the Government makes the farmer a corporation and the Government helps them. But the Canada way seems to largely work as the Canadian Government owns the majority of the lands in question. And yes, Indians have benefited from it but that is also due to a. the currency differential between Canadian dollar and Indian Rupee and the 99-year land lease. There may be other advantages that the Canadian Government bestows and that is the reason possibly that most Punjabi farmers go to Canada and UK to farm.

While looking at it, I also came across the situation in the United States and it seems the situation there seems to be becoming even more grim.

RCEP

RCEP stands for Regional Comprehensive Economic Partnership. We were supposed to be part of this partnership. Now why didn’t we join, for two reasons, our judicial infrastructure is the worst. It took 8 years to decide on a tax retrospective case (Vodafone) and that too finally outside India. And that decision, by no means an end. The other thing is all those who have joined RCEP have lesser duties, tariffs then India. What this means is that they are much more competitive than India. While there is fear that perhaps that China may take over its assets as it has done with few countries around the world, the opportunity for those countries was too good to pass up even with the dangers. But, then even India has taken loans from the Asian Infrastructure Investment (AIIB) Bank where China is the biggest shareholder. So it doesn’t make sense to be insecure on that front. And again, it is up to India or any other sovereign country to decide to take loans from some country, some multilateral organization or any other way and on what terms.

What China has done and doing is similar to what IMF (being used primarily by the United States) had done in its past. The only difference is that time it was the United States, now it is China. America co-opted Governments, and got assets, China doing the same, no difference in tactics, more or less the same.

There has also been a somewhat interesting paper which discusses how the RCEP may unfold in different circumstances. In short, it tells that the partners will benefit, some more than others. It also does compare the RCEP to CPTPP (The Comprehensive and Progressive Agreement for Trans-Pacific Partnership). While the study is a bit academic in nature as the United States has walked out and the new president-elect Joe Biden hasn’t made any moves and is unlikely to make any moves as there is deep divide and resentment about multilateral trade partnerships domestically within the United States. This news and understanding was quite shocking to me as it shows that unlike the United States of the past, which was supposed to be a beacon of capitalism and seemed to enjoy capitalism, it seems to be an opportunist only. There is also this truth that under Biden, there is only so many things on which he would need and can spend his political capital on.

Statistica Chart of differences between Republicans and Democrats

As can be seen, economy at least for the democrats, this time around is pretty far round the corner. He has a host of battles and would have to choose which to fight and which to ignore.

In the end, we are left to our own devices. At the moment, India does not know when it’s economy will recover –

PTI News, Nov 27, 2020

There has been another worrying bit of news, now all newspapers will need to get some sort of permission, certification from Govt. of India about any news of the world. This is harking back on the 1970’s, 1980’s era

India doesn’t need women or doctors

This is again going to be a long one hence I want to start by sharing some positive news first. Few days back, a vlogger Dhruv Rathee made a vlog review about Jatayu nature and park open in Kerala.

Now, why is it important and good. While it is a profitable initiative, it has been made by private money at the cost of INR 100 crores. It has been built which was a degraded barren land surrounded by forest. While one could argue that even such lands should not be disturbed and one perhaps might be right about that, the research I found seem to be inconclusive. I was looking at one study sometime back in which two adjacent plots of land were taken, both degraded, barren patches of land . One land was left alone while the other had some sort of stable, with animals in it, horses, pigs, donkey etc. and they left the land pretty much besides coming at intervals to see if the animal feed was good enough of them, veteniary medical checkups etc. At the end of couple of years, they checked the micro-nutrients of the soil to see which had more mico-nutrients. It was found out that the ones which had the animals was more fertile and had slightlly more/better ecosystem than the one which was left. IIRC, they published the result in some magazine like ‘Nature’ or some such peer-reviewed publication and other scientists were apply to replicate the results with varying degrees of success. While I remember the simplified version I am sure it is far more complex than I have described. One of the best things they have shared in the review, that the land has been leased from the State Govt. for a period of 30 years after which it will given back to the State of Kerala.

undefined

FWIW, Jatayu is the name of a mythological bird taken from Ramayana. Instead of wasting 3000 crores of taxpayer’s money for one single statue and instead invested in in health, education, safe drinking water, employment generation etc. it would have enriched not just the people benefiting from it, but also made x times productivity growth as it has been proved time and again that any improvement in people’s lives not just makes them better, but also enhances countries growth as well. I have given the number X as right now India has 0 people in its Statistical Commisson as the last two full-time membes resigned couple of years back. The only somewhat factual numbers that are in India are provided by CMIE which is a private institution and obviously doesn’t have neither the funds nor the reach that a Government body can. CMIE does share some interesting facts and figures but that probably is a story for another day. For those who might want to visit Jatayu can visit Jayatu Center website for the same. The image shared above is taken from keralatourism.org website and is copyrighted to them.

No Country for Women

While I have written on this topic a few times before, each time an incident happens and I feel do we really deserve women ? Many a times when a woman (young or old) goes to the police she is asked to present evidence. Now a young woman who was persistently blackmailed, raped by a person of the ruling party, a ‘Swami’ , a nomenclature reserved for a seer who is supposed to be beyond temptation presented 45 videos of the gentleman to the police. She also leaked couple in social media so that the videos don’t disappear into thin air and she and her family doesn’t get killed as was attempted in Unnao rape case. It is only because the facts came in public that the MLA accused in the Unnao rape case got expelled from the ruling partt, In fact, even the killers in Nirbhaya Rape case , even they haven’t been hanged.

Paper Clipping of Chinmayanand Rape Case

The sad part part is that in this case, even after evidence she has been asked to produce two witnesses who would say that she has been raped. I haven’t ever heard a more bizarre story while siding with the seer who has claimed that she was extorting money from him. The list goes just goes on and on, there were 6 women journalists who claimed sexual harassment against MJ Akbar. The case is on-going in the Supreme High Court where it will be heard now after Dusshera holidays. The last hearing was done on 9th September and will start anytime after 20th October when the Supreme Court starts. And there are several more cases, like the Kathua case rape, the Muzaffarpur Shelter home case, the case goes on and on. Sadly, we don’t even have latest stats as there are no statisticians in Indian Govt. and the only report we have is the 2016 NCRB report which does show the trend that there is rising crime in India. It is party to joblessness which is rampant, and partly perhaps of our conservative mindset towards sex, sex-education .

There were two good movies made in India on the subject, one which sank in Bollywood without a trace called Khandaani Shafakhana which more or less only talked about erectile dysfunction and tried to make few jokes about it. There was Vicky Donor which talked about sperm donation which did good business a while back. The movie which touched my heart recently was though was the malyalam movie called Peranmbu starring ever-green star Mammooty. While I don’t speak Malyalam, you may get the movie on netflix or Amazon prime with english subs. While I don’t want to give the whole story of the movie, there is one scene in which Mammooty visits a woman so he can hire a male escort for his daughter and gets slapped. Many people, especially boys didn’t like that scene and said why he had to go there, but as a viewer if you see the movie from a father’s eyes he did what any sane father who loves his child will do. While at the end, they didn’t give any solution to the issue or it got censored, when you see the movie you can imagine the plight of such children’s fathers, relatives etc. It is sad when such movies which make you think aren’t even part of the national discourse then how are people to grow their consciousness, their humanity. When I hear of such incidents as above, I genuinely, does India really need women ? Shouldn’t women coming from other countries to India be given travel advisories stating that they should either have black belt in Karate or some defence techniques and carry a deadly weapon with them all times to defend themselves from us. It seems we, Indian men have no control 😦

No Country for Doctors

India doesn’t seem to be a country for doctors as well. In 2017, in BRD Hospital at Gorakpur 63 children died due to oxygen supply issues. For this, four doctors and couple of staff were held responsible for their deaths. Dr. Kafeel Khan, Dr. RK Misra, Dr. Purnima Misra, Dr. Satish, Gajanand Jaiwal (pharmacist), Uday Pratap Sharma (Junior Clerk). All of them were put into jail. Few days back, only the three doctors have been put out on bail, all the others are still in jail. Now one of the local newspapers, Janata Ka reporter had done detailed investigative story which shows that the problems or issues were at top. In fact when they were appraised of the facts, Dr. Khan and all the accused together actually somehow scrapped together 500 oxygen cylinders out of their own money. This is when it was found out that the doctors were not paid salaries of 2-3 months. In fact, it has been a perennial issue and because of that more than 50-60% of the hospital staff posts were vacant, due to lack of money. When you see such news and reports, you feel that why doctors should study medicine after paying such high fees and practise in India. They should migrate to US and UK as many of their brethren do. They get better wages, better social security. Neither IMA came to their rescue nor anybody else. It was only local people, the patients, people who knew them and struggled for it. IMA has its own share of issues and politiking but that is perhaps best suited for another date. No wonder that the number of doctors emigrating overseas has risen and people do not want to go to remote posts. When motivated cases like these can happen in cities, then what hope the doctor has of justice or anything in villages. In fact, most doctors nowadays in India have multiple heatlh conditions due to work-related stresses and other things. It is by no perchance that we are most depressed country on earth. Not really the validation we are looking for, right.

India Tourism, E-Visa and Hong Kong

A Safe and Happy New Year to all.

Incredible India from http://incredibleindiacampaign.com
Incredible India from http://incredibleindiacampaign.com

While Debconf India is still a pipe-dream as of now, did see that India has been gradually doing it easier for tourists and casual business visitors to come visit India. This I take as very positive development for India itself.

The 1st condition is itself good for anybody visiting India –

Eligibility

International Travellers whose sole objective of visiting India is recreation , sight-seeing , casual visit to meet friends or relatives, short duration medical treatment or casual business visit.

https://indianvisaonline.gov.in/visa/tvoa.html

That this facility is being given to 130 odd countries is better still –

Albania, Andorra, Anguilla, Antigua & Barbuda, Argentina, Armenia, Aruba, Australia, Austria, Bahamas, Barbados, Belgium, Belize, Bolivia, Bosnia & Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Cambodia, Canada, Cape Verde, Cayman Island, Chile, China, China- SAR Hong-Kong, China- SAR Macau, Colombia, Comoros, Cook Islands, Costa Rica, Cote d’lvoire, Croatia, Cuba, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Ecuador, El Salvador, Eritrea, Estonia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guyana, Haiti, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Jamaica, Japan, Jordan, Kenya, Kiribati, Laos, Latvia, Lesotho, Liberia, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malawi, Malaysia, Malta, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Netherlands, New Zealand, Nicaragua, Niue Island, Norway, Oman, Palau, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Republic of Korea, Republic of Macedonia, Romania, Russia, Saint Christopher and Nevis, Saint Lucia, Saint Vincent & the Grenadines, Samoa, San Marino, Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Tajikistan, Tanzania, Thailand, Tonga, Trinidad & Tobago, Turks & Caicos Island, Tuvalu, UAE, Ukraine, United Kingdom, Uruguay, USA, Vanuatu, Vatican City-Holy See, Venezuela, Vietnam, Zambia and Zimbabwe.

This should make it somewhat easier for any Indian organizer as well as any participants from any of the member countries shared. There is possibility that this list would even get longer, provided we are able to scale our airports and all and any necessary infrastructure that would be needed for International Visitors to have a good experience.

What has been particularly interesting is to know which ports of call are being used by International Visitors as well as overall growth rate –

The Percentage share of Foreign Tourist Arrivals (FTAs) in India during November, 2016 among the top 15 source countries was highest from USA (15.53%) followed by UK (11.21%), Bangladesh (10.72%), Canada (4.66%), Russian Fed (4.53%), Australia (4.04%), Malaysia (3.65%), Germany (3.53%), China (3.14%), France (2.88%), Sri Lanka (2.49%), Japan (2.49%), Singapore (2.16%), Nepal (1.46%) and Thailand (1.37%).

And port of call –

The Percentage share of Foreign Tourist Arrivals (FTAs) in India during November 2016 among the top 15 ports was highest at Delhi Airport (32.71%) followed by Mumbai Airport (18.51%), Chennai Airport (6.83%), Bengaluru Airport (5.89%), Haridaspur Land check post (5.87%), Goa Airport (5.63%), Kolkata Airport (3.90%), Cochin Airport (3.29%), Hyderabad Airport (3.14%), Ahmadabad Airport (2.76%), Trivandrum Airport (1.54%), Trichy Airport (1.53%), Gede Rail (1.16%), Amritsar Airport (1.15%), and Ghojadanga land check post (0.82%) .

The Ghojadanga land check post seems to be between West Bengal, India and Bangladesh. Gede Railway Station is also in West Bengal as well. So all and any overlanders could take any of those ways.Even Hardispur Land Check post comes in the Bengal-Bangladesh border only.

In the airports, Delhi Airport seems to be attracting lot more business than the Mumbai Airport. Part of the reason I *think* is the direct link of Delhi Airport to NDLS via the Delhi Airport Express Line . The same when it will happen in Mumbai should be a game-changer for city too.

Now if you are wondering why I have been suddenly talking about visas and airports in India, it came because Hong Kong is going to Withdraw Visa Free Entry Facility For Indians. Although, as rightly pointed out in the article doesn’t make sense from economic POV and seems to be somewhat politically motivated. Not that I or anybody else can do anything about that.

Seeing that, I thought it was a good opportunity to see how good/Bad our Government is and it seems to be on the right path. Although the hawks (Intelligence and Counter-Terrorist Agencies) will probably become a bit more paranoid , their work becomes tougher.

Doha and the Supreme Court of DFSG Free

Hi,

I am in two minds of what to write about Doha. My job has been vastly simplified by a friend when he shared with me https://www.youtube.com/watch?v=LdrAd-44LW0 . That video is more relevant and more closer to the truth than whatever I can share. As can be seen it is funny but more sad the way Qatarians are trying to figure out how things will be and as can be seen it seems to heading towards a ‘real estate bubble’ . They would have to let go of the Sharia if they are thinking of wealthy westerners coming to stay put. I am just sad to know that many of my country-men are stuck there and although I hope the best for them, I dread it may turn out the way it has turned out for many people of Indians, and especially from Kerala in Saudi Arabia. I would touch about the Kerala situation probably in another blog post as this time is exclusively for legal aspects which were discussed in Debconf.

A bit of backgrounder here, one part of my family is lawyers which means I have somewhat notion of law as practiced in our land. As probably everybody knows, India was ruled by the British for around 150 odd years. One of the things that they gave while leaving was/is the IPC (Indian Penal Code) and is practiced with the common law concept. The concept means precedence of any judgement goes quite some way in framing rulings and law of the land as time goes on besides the lobbying and the politics which happens in any democracy.

Free software would not have been there without the GPL – The General Public License. And the license is as much a legal document as it’s something that the developers can work without becoming deranged, as it is one of the more simpler licenses to work with.

My own understanding of the legal, ethical and moral issues around me were framed by two-three different TV shows, books (fiction and non-fiction alike) apart from what little news I heard in family. One was ‘M*A*S*H* (with Alan Alda and his frailness, anarchism, humanism, civil rights), the ‘Practise’ and ‘Boston Legal’ which does lay bare the many grey areas that lawyers have to deal with (‘The Practice’ also influenced a lot of civil rights understanding and First amendment, but as it is a TV show, how much of it is actually practiced for lawyers and how much moral dilemma they are can only be guessed at.) . In books it is artists like John Grisham, Michael Connelly as well as Perry Mason – Agatha Christie. In non-fiction look at the treasures under bombayhighcourt e-books corner and series of Hamlyn Lectures. I would have to warn that all of the above are major time-sinks but rewarding in their own way. Also haven’t read all of them as time and interests are constrained but do know they are good for understanding bit of our history. I do crave for a meetup kind of scenario when non-lawyers can read and discuss about facets of law .

All that understanding was vastly amplified by Groklaw.net which made non-lawyers at the very least be able to decipher and understand what is going on in the free software world. After PJ (Pamela Jones) closed it in 2013 due to total surveillance by the Free World (i.e. the United States of America, NSA) we have been thirsty. We do get occasionally somewhat mildly interesting articles in lwn.net or arstechnica.net but nowhere the sheer brilliance of groklaw.

So, it was a sheer stroke of luck that I met Mr. Bradley M. Kuhn who works with Karen Sandler on Software Conservancy. While I wanted to be there for his presentation, it was just one of those days which doesn’t go as planned. However, as we met socially and over e-mail there were two basic questions which I asked him which also imbibes why we need to fight for software freedom in the court of law. Below is a re-wording of what he shared .

Q1. why do people think that GPL still needs to be challenged in the court of law while there are gpl-violations which has been more or less successfully defended in the court of law ?

Bradley Kuhn – the GPL violations is basically a violation of one or more clauses of the GPL license and not the GPL license as a whole and my effort during my lifetime would be to make/have such precedents that the GPL is held as a valid license in the court of law.

Q2. Let’s say IF GPL is held to be valid in the court of law, would FSF benefit monetarily, at least to my mind it might be so, as more people and comapnies could be convinced to use strong copyleft licenses such as GPLv3 or AGPLv3 .

Bradley Kuhn – It may or may not. It is possible that even after winning, that people and especially companies may go for weak copyleft licenses if it suits them. The only benefit would probably would be to those people who are already using GPLv3 as the law could be used to protect them as well. Although we would want and welcome companies who would use strong copyleft license such as the GPL, the future is ‘in future’ and hence uncertain. Both possibilities co-exist.

While Bradley didn’t say it, I would add further here it probably would mean also moving from being a more offensive mode (which GPL-violations is based upon where a violation occurs and somebody either from the victim’s side or a by-stander notices the violation, brings it to the notice of the victim and the GPL-volations team.) to perhaps it being defended by the DMCA people themselves, once GPL is held as a valid license in the eyes of law. Although should you use the DMCA or not is a matter of choice, personal belief system as well as your legal recourses.

I have to share that the FSF and the GPL-violations team are probably very discerning when they take up the fight as most of the work done by them is pro-bono (i.e. they don’t make a single penny/paisa from the work done therein.) and hence in view of scarce resources, it makes sense to go only for the biggest violators in the hopes that you can either make them agree to compensate and agree to the terms of license of any software/hardware combination or sue them and take a bigger share of the reward/compensation awarded by the Court to help the defendant and maybe some of the proceeds donated by the defendant and people like you and me to make sure that Conservancy and the GPL-violations team is still around to help the next time something similar happens.

Bradley Kuhn presenting at #Debconf 16
Bradley Kuhn presenting at #Debconf 16

Now, as far as his presentation is concerned, whose video can be seen at http://meetings-archive.debian.net/pub/debian-meetings/2016/debconf16/The_Supreme_Court_of_DFSGFree.webm , I thought it was tame. While he talked about ‘gaming the system’ in some sense, he was sharing that the system debian-legal works (most-of-the-time). The list actually works because many far more brilliant people than me take time to understand the intricacies of various licenses and how they should be interpreted through the excellently written Debian Free Software Guidelines and whether the license under discussion contravenes the DFSG or is part of it. I do agree with his point though that the ftp-master/s and the team may not be the right person to judge the license in adherence to the DFSG, or her/is not giving a reason for rejecting a package to not entering into the package archive.

I actually asked the same question on debian-legal and while I had guessed, it seems there is enough review of the licenses per-se as answer from Paul Wise shows. Charles Pessley also shared an idea he has documented which probably didn’t get much traction as involves more ‘work’ on DD’s without any benefit to show for it. All in all I hope it sheds some light on why there is need to be more aware of law in software freedom. Two Organizations which work on software freedom from legal standpoint are SFLC  (Delhi) headed by the charming Mr. Eben Moglen  and ALF (Bangalore). I do hope more people, especially developers take a bit more interest in some of the resources mentioned above.