Bhopal Gas Leak Case Analysis :Was a Catastrophe Waiting to Happen

Bhopal Gas Leak Case Analysis :Was a Catastrophe Waiting to Happen’ -Part-II

The most industrial disasters are preventable provided,proper safety measures are undertaken by the management,what happened in Union Carbide factory,it was deliberate and intentional negligence of the management by ignoring the safety measures of the plant,especially,when plant is storing deadly chemical ,that too in the name of cost cutting measures ,jeopardizing the safety of the entire city of Bhopal.      

Some of horrible mistakes by UCC were reported in an UN report ‘was a catastrophe waiting to happen’ 

• The cooling system supposed to keep MIC at zero degree temperature was turn off six months before accident the same held for the burner in the tower for burning off the poson.Both steps had been taken with approval of company headquarters.The scrubbers capable of neutralizers MIC exhaust fumes had been placed in passive mode ,two months before the accident

• The spray system designed to pull escaping MIC fumes  to the ground by surrounding them in a mist was effective only to height of  12 meters, but then MIC fumes were released at height of  33  meters.

• The pipes were made of iron rods instead of stainless steel called by regulations.

These were some of the notable flagrant violations, which were overlooked by corrupt administration.There was accident in that plant before 1984, same was overlooked parent organization.Many organizations pleaded that Central Burea of India to should visit WEST VIRGINIA plant to inspect safety measures under taken in their chemical plant, same was not given credence by the CBI.

The testimony of flagrant violations is that of T.R Chouhan[Chemical plant operator who worked with UCC}, wrote in book Inside the killer carbide plant-A Bhopal worker’s story  was published by Apex press of New York in 1994.Even though CBI used services of Mr Chouhan,but he was transferred to minor job as industrial inspector in a small town near Bhopal.


 

Bhopal gas leak case revisited – was a catastrophe waiting to happen-part-I

Bhopal gas leak case revisited  – ‘was a catastrophe waiting to happen’  -Part-I

“There will be two eventualities in this world one is environmental destruction and other is war on Iran” Fidel Castro in a public address after recovering from illness.  

India happened to witness world dangerous environmental catastrophe,which shaken entire world ,on intervening night to 2 /3 rd December 1984 ,40 tonnes of deadly chemical methyl isocyanate[MCI] stored in pesticide factory was released into atmosphere resulting instant  death of thousands of people and several thousands of people injured or became chronically ill or died after prolong illness.The entire world condemned this criminal negligence of pesticide factory.

The official immediate death toll was 2,259 and the government of Madhya Pradesh has confirmed a total of 3,787 deaths related to the gas release.Others estimate 3,000 died within weeks and another 8,000 have since died from gas-related diseases,even after 27 yrs of disaster ,the victims are waiting for compensation and rehabilitation from the government.Ironically only 8 officials were convicted[merely two years,after Supreme court reduced charge to two years in 1996 ],but senior management official of the DOW like Anderson ,neither extradited or punished. 

Union Carbide[UCIL] paid $470m (£282m) in compensation to the Indian government after out of court settlement and same was upheld by Supreme Court of India,company also agreed for fund &group medical insurance ,estimated $17 million to treat 10,000 people, who may later develop symptoms. 

later DOW bought UCIL in 1999,contended that compensation issue is resolved and no claims will be entertained.

Environmental legislation in India:  

India is one of few countries,which has constitutional safe guards for the protection of environment.The directive principles of State policy and Fundamental Duties have specific provisions for the protection of environment.Most pollution cases fall under categories of nuisance, negligence and  principle of strict liability. 

The 42nd  Amendment to the Indian Constitution in 1976 introduced principles of environmental protection in the Constitution through Articles 48A and 51A(g).

After the Stockholm conference ,the Air Act and Environment act was enacted ,under Article 253 of the Constitution,the parliament can make laws to fulfill the  obligation under international conventions.

There are about 200 acts and statues in the field of environmental protection, still India is lagging behind in protecting the environment and our law makers never consider pollution and environment as an important national issue. 
The Panchayats, Municipalities and Municipal Corporations are duty bound to protect ecology and environment,any negligence on their part is punishable offence. 

Some of Leading cases  in Environmental Jurisprudence in India 
 

• The public right to decent living was recognised in Municipal Council, Ratlam Vs. Vardhichand, AIR 1980 ,a land mark in environmental jurisprudence, Justice Krishna Iyer justified magistrate action under Section 133 CrPC to remove public nuisance.

• In Rural Litigation and Entitlement Kendra, Dehradun, AIR 1985 SC 652,lime-stone quarries pose danger to ecology ,environment and public health.

• In Shriram Foods and Fertilizer Industries and another, AIR 1987 SC 965, leak of olium gas lead to death of several people including Advocate,Supreme Court awarded compensation.

• M.C. Mehta Vs. Union of India, AIR 1988 SC 1115,leading environmental lawyer filed PIL to clean up the river Ganga,which got polluted due to untreated sewerage water.

• Vellore Citizens Welfare Forum, AIR 1996 SC 2715 ,one of the landmark judgement under environmental jurisprudence recognizing ‘Sustainable Development.

• M.C. Mehta Vs. Union of India, AIR 1999 SC 291-for use of CNG and phasing out old vehicles.

• M.C. Mehta Vs.Union of India, AIR 1999 SC 734 -for shifting of tanneries and protect Taj Mahal.

•  AIR 2000 SC 3510, for the protection of  Yamuna river,Delhi.

 

• M.C. Mehta Vs. Kamal Nath, AIR 2002 SC 1515; damages from Span Hotels Private Ltd. for ecological damage of  Beas river.

• In Murli S. Deora vs Union Of India And Ors ,AIR 2002 SC 40-banning smoking in public places.

The Principle Judicial Remedies under Indian Law 


The remedies includes Damages, Injunction under section 94,95-order 39 of CPC,perpetual injunction under section 37-42 of Specific Relief Act,Nuisance under Indian Penal Code 1860 Section 268 ,and proceeding before magistrate to remove nuisance under section 133-144 of Criminal procedure Code,1973,civil action under section 91 of civil procedure code ,1908 in civil court.The principle of absolute liability was developed by the court in the post-Bhopal period and later adopted by legislation.

Public Liability Insurance Act (PLIA), 1991 [1992] The Central Government has been  authorized to establish the Environmental Relief Fund, for  the purpose of making relief payments.

National Environment Tribunal Act,1995 was enacted to  provide strict liability for damages arising out of any accident occurring while handling any hazardous substance and for the establishment of a National Environment Tribunal for effective and expeditious disposal of cases arising from such accidents 


The institutional frame work includes  

• Ministry of Environment and Forests (MOEF), 
• the Central Pollution Control Board (CPCB), 
• State Departments of Environment, 
• State Pollution Control Boards (SPCBs) 
• Municipal Corporations.

The National Environment Appellate Authority Act, 1997 : establishment for appellate authority under Environment (Protection) Act, 1986 for operation of industry.

Special Act for Bhopal case : 

The special act was enacted by the parliament called Bhopal Gas Leak Disaster[processing of claims]act in March 1985  to claim compensation behalf of victims from DOW. 
The Bhopal act conferred the exclusive right on the Indian Government acting as parens patriae  is Latin term  for "parent of the nation".[In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection,the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (15 USC 15(c)), through Section 4C of the Clayton Act, permits state attorneys general to bring parens patriae suits on behalf of those injured by violations of the Sherman Antitrust Act.] to represent all claimants both inside and outside India and directed the government to register and process the claims. The Constitutional validity was challenged in the Supreme Court and constitutional validity was up held by the apex court, which gave right to government of India to represent claimants in India and outside India.

Basic Principles of Environmental Law :

Strict liability is liability for which mens rea (Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offence. Strict liability laws were created in the 19th century to improve working and safety standards in factories. Needing to prove mens reas on the part of the factory owners was very difficult and resulted in very few prosecutions.
Justice Ahmedhi maintained that there is no concept of strict liability in India ,reacting to criticism for diluting the charge under culpable homicide not  amounting.

Rylands v Fletcher [1868] UKHL 1 is a landmark English tort law ,often cited by courts in environmental cases.It applied the doctrine of strict liability for inherently dangerous activities (on appeal by Rylands, the House of Lords confirmed the previous judgment but restricted the rule to a non-natural use of the land}

Polluter pays principle:Polluter pays Principle is also known as extended polluter responsibility (EPR).This is a concept that was probably first described by the Swedish government in 1975 and same mentioned in Principle 16 of the Rio Declaration on Environment and Development.
Some eco-taxes underpinned by the polluter pays principle include:Gas Guzzler Tax, in USA[Corporate Average Fuel Economy (CAFE)- a "polluter pays"]. 

The U.S. Superfund law requires polluters to pay for cleanup of hazardous waste sites, when the polluters can be identified.

Real Encounters Vs Fake Encounters in India :An Analysis

Real Encounters V Fake Encounters in India:An Analysis

There is intense legal scrutiny of police encounters by the courts,most notorious encounter cases in India like  Ishrat Jahan[SIT admitted encounter is not real but fake] or Maoist leader Azad attracted lot of media,general public civil society and academic community attention.Ironically,Most general public don't know real difference between real and fake encounter or made to believe that all encounters are real,but real fact is all encounters are not real encounters.

The real encounters means state-owned force or police opens fire on armed criminals,indigenous armed people groups or non-state actors as a  retaliatory measure to defend civilians or themselves or safeguard  public life or Institutions of public importance like Mumbai attack or 9/11 US attack or Indian parliament attack or attack on police /armed forces convoy.



The moot questions for debate, 

• What kind of compensation to be awarded for constitutional torts[abuse of fundamental rights]in case of abuse  or misuse of authority by the public authorities acting under sovereign powers.

• Whether there is any straight jacket formula to determine compensation for the violation of fundamental  rights.

• Whether awarding compensation for victims of abuse of Fundamental rights will act as deterrence for public officials.

• Whether they are liable for abuse of fundamental rights in a individual capacity or state should take responsibility for abuse.

• Whether public official argument that , they have acted under pressure or orders of superior officers or under pressure  person in seat of the power[executive ]can be considered and hold good in law ,answer is no.   

Where civil rights debate begins : 

The civil rights debate surfaces,where there is abuse of power violating right to life,personal liberty and human rights,the issue of human rights abuses surfaces,when armed forces or police project the fake encounter as a real encounter.
The most fake encounters are nothing but cold blooded murder by state owned -police  or armed forces with out any legal sanction,theoretically speaking,no civil rights group or Human rights lawyer can object the real encounters.The issue of Human rights abuses only surfaces,when policeman behaves arbitrarily and exceeds statutory power. 

Human Rights watch, the Amnesty International has said that over thousand people were killed in ‘faked encounters’ in India between 1993 and 2008,speaks volumes of the criminalization of police force.

Significance of Article 21&Constitutionalism: 


Protection of life and personal liberty:"No person shall be deprived of his life or personal liberty except according to procedure established by law"


After Maneka Gandhi[AIR 1978 SC 597]case,the scope of Article 21 was widened,it was held that " A person can be deprived of his life and personal liberty  only when,first condition,there must be a law and second condition is there must be a procedure prescribed by that law, provided that the procedure is just, fair and reasonable." 

The experts also criticizes the draconian preventive detention laws,which is  against the spirit of freedom of life and liberty.

The illegal arrest,illegal detention,custodial violence,and extra -judicial killing like encounters are sworn enemies of individual liberty and constitutionalism.

No cause can justify encounters:

No legitimate cause can justify ill-legitimate encounters.In A.P India,Warangal District ,alleged acid attackers were killed in an encounter,after they gruesomely attacked girl with acid,which invited public outrage.The police justified their encounter on the ground that their killing received wide public support.

No police man possess right to kill any body in the name of encounter,even if he is acting under orders of superior officers or person in the seat of authority.

"Fake encounters are nothing but cold-blooded, brutal murder by persons who are supposed to uphold the law.In our opinion, if crimes are committed by ordinary people, ordinary punishment should be given but if the offence is committed by policemen much harsher punishment should be given to them because they do an act totally contrary to their duties,"  Justice Katju,while advocating death sentence for fake encounters.

Remedies &Compensation under Indian Constitution :

Where there is right,there is a remedy,any citizen can approach courts to protect their fundamental rights under Article 32 and Article 226 through writs.Any citizen can approach courts for abuse or curtailment of fundamental rights as enshrined part-III of Indian Constitution. 

If citizens 's fundamental rights are violated by the public authorities acting under sovereign power, they can get monetary compensation[constitutional torts-compensatory jurisdiction ]

In the following cases compensation awarded by courts for violation of Fundamental Rights acting under sovereign power. 

•  Devaki Nandan Prasad V State of Bihar ,1983(4) SCC 20 -pension was delayed for 12 yrs &compensation was awarded.  

• Khatri &others V State of Bihar &others 1 [1981] SCC 627 -Bhagalpur Blinded Prisoners case  

• Rudal Shah V State of Bihar [1983]4 SCC 141-prolonged detention after acquittal -Compensation awarded.

• State of Rajasthan V Vidya wati  AIR 1962 SC 933-death due to rash &negligent driving by Government jeep driver. 

• Nilabati Behra V State of Orissa[AIR 1993 SC 1960]- custodial death.

• State of Madhya Pradesh V shantibai [AIR 2005 M.P 66]-Negligent firing to clear the mob,resulting death of person standing on roof of their house.

• Bhim Singh V State of J.K [AIR 1986 SC 494]-Illegal arrest. 

• Kalavati V state of Himachal Pradesh [AIR 1989 HP 5]-Negligence in Government hospital resulting death of two persons.

• Saheli V Commissioner of Police Delhi[AIR 1990 SC 513]Death of boy due to beating &assaulting by the police. 

• C Ramkonda Reddy V State of A.P [AIR AP 235] -Inmates of jail died as bombs were hurled-compensation sought. 

• D.K Basu V Union of India [19971 SCC 416 -No yardstick to be followed for compensation -cost to cost method of computation of compensation should be adopted. 

• Union of India V Prabhakaran [2008] (9) SCC 527 -extended principle to cover public utilities like railways,electricity ,public corporation and local bodies ,which are not working for profit.

• In a case [1995],A.P High Court bench headed by then Chief Justice Js  Prabha Shankar Mishra ordered case to be booked under 302 IPC for fake encounters,Billal Nazki also agreed with view of Mishra in another[Manala case]J.Narsimha Reddy &Yethirajulu deferred on the ground that specific police officers to be mentioned as accused.  

NHRC's directions on Encounter killings  : 

The NHRC noted that in cases of killing by police by firing, prima facie, the ingredients of 299 IPC are satisfied and Section 157 of Cr. PC is attracted calling for investigation. 

The Commission made the following recommendations especially in regard to encounter deaths.

[a]When the police officer in charge of a police station receives information about deaths in an encounter between the police party and others, he shall enter the information in the appropriate register.

[b]The information as received shall be regarded as sufficient to suspect the commission of a cognizable offence and immediate steps should be taken to investigate the facts and circumstances leading to the death to ascertain what, if any, offence was committed and by whom.

[c] As the police officers belonging to the same police station are the members of the encounter party, it is appropriate that the aces are made over for investigation to some other independent investigation agency such as State CID. 

[d]) Question of granting of compensation to the dependents of the deceased may be considered in cases ending in conviction if police officers are prosecuted on the basis of the results of the investigation. 

 Ironically ,these directions are not followed in letter and spirit by state police.

The Concept of Sovereign immunity:

In Vidyawati  case rejected the argument of state Sovereign immunity and awarded compensation for fundamental rights abuse,in Nilabati Behra case, it was held by Supreme Court that ,the  concept of sovereign immunity is not applicable to fundamental rights abuse cases.Kasturi Lal V state of U.P[AIR 1965]distinguished state sovereign functions and non state sovereign functions.

U.S A &Constitutional Torts :

§ 1983 provides that: "Every person who, under color of any statute, ordinance, regulation, custom or usage, of any state or territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Federal Constitution and its laws, is liable to the party injured in an action at law, suit in equity or other proper proceeding for redress"


Conclusion : 



There should be accountability on part of the police and public authorities towards human rights abuse,no abuse of power or position should be tolerated at any level ,what ever causes might be  or even acting under superior orders or person of high position[Executive]. The state should strive for 'Zero tolerance' for H.R abuses.  


There is a need for suitable legislation to make public authorities viable for infringement of fundamental rights as guaranteed under Constitution and for human rights abuses as India is signatory to Universal Declaration of Human Rights. 

In recent Uphaar Cinema case[http://www.indiankanoon.org/doc/1691320/] ,Supreme Court Bench headed by R.V Raveendran.J and K.S Radhakrishnan.J  said 

• There is a need for comprehensive legislation to make public authorities liable like UK section 6 of  Human Rights act ,1998  makes a public Authority liable for damages iif it is found to have committed breach of London Borough South work [2003] EWCA CV 1406 (2) WLR 

• Due to lack of legislation courts dealing with  torts claims against state and officials not following uniform pattern ,while deciding those cases and this at times leads to undesirable consequences and arbitrary fixation of compensation amount . 
 

From 2001 to 2010, the National Human Rights Commission (NHRC) recorded 14,231 i.e. 4.33 persons died in police and judicial custody in India. This includes
1,504 deaths in police custody and 12,727 deaths in judicial custody from 2001-2002 to 2009-2010[1]

The Asian Centre for Human Rights (ACHR) has consistently underlined that about 99.99% of deaths in police custody can be ascribed to torture and occur within 48 hours of the victims being taken into custody.[2]

The statistics of NHRC&ACHR speaks volumes of abuse of power by police or armed forces,which warrants serious action from the state to ensure safeguarding the Human Rights of citizens and give adequate compensation for abuse of their fundamental rights.    

 

References :

 

• HRC Annual Report 2001-2008 & Unstarred Question No. 1475, Answered by Minister of State in the Ministry of Home Affairs, Mr Jitendra Singh in the Lok Sabha on 9.08.2011.

• http://www.achrweb.org/reports/india/torture2011.pdf

• http://www.pucl.org/reports/AndhraPradesh/2001/note.htm

 

Two year contract Marriage -New proposed Mexican law

Two year contract Marriage-New proposed Mexican bill:

It is not good idea for signing up contract for marriage for temporary period rather than fighting divorce litigation in the  courts,but Mexicans are going to have such novel law from next year ie. 2012.Most Mexicans lovers,who are expected to engage in a serous relationship,might be excited about the proposed two year contract marriage law.  


According to statistics over 50 % of marriages in Mexico end in divorce,the Mexican law makers proposing two year renewable [temporary] contract marriage law with easy exit option with out legal hassles, expected to be tabled in the month of December for vote before legislators.

The initial marriage contract period will be two years,we can say ,it is temporary marriage,couple can go for renewable or easy and simple breakup with out any legal hassles,if their relationship is not working,there will be automatic divorce after completion of two year period.The said contract provide for child custody and visitation, as well as property division among spouses in the event of a split.

"The proposal is,when the two-year period ends, if the relationship is not stable or harmonious, the contract simply ends," says the bill's co-author,says  Luna from the leftist Party of the Democratic Revolution,the party holds a majority of the assembly's 66 seats.

This is a unique bill made with intention to bring down acrimonious and protracted  costly litigation pertaining to marriage and alimony."Out of 33,000 couples that got married in the past two years in Mexico City, around 16,000 filed for divorce. Ending the marriage, Leonel Luna  says, costs approximately $3,500. The couple normally spends anywhere from $1,000 to $1,500 in legal fees and attorneys and the Mexico City legal system absorbs the rest"

The BBC reports that the bill, which includes provisions on how children and property would be handled, is likely to go before legislators in December.

The liberals as well as  leftist are welcoming the proposed law  and traditionalist  as well as catholic Church criticizing the new law,are of view that two year contract is  mockery of concept of the marriage.It is immoral to go for contract.

    

"This reform is absurd. It contradicts the nature of marriage," said Hugo Valdemar, spokesman for the Mexican archdiocese. "It's another one of these electoral theatrics the assembly tends to do that are irresponsible and immoral."

In Indian urban  and metros cities ,there is a demand for per-nuptial agreement among spouses before entering into marital alliance,but it is limited to higher classes.Where, concept of live -in relationship is growing rapidly.The concept of live-in relationship with a legal protection can be a good idea ,helps in reducing exploitation of gullible women and neglect of children ,born out of such relationship. 

There is no legal recognition for such agreements by the courts,due to absence of law on the said agreements,but it only helps in resolving the disputes to a certain extent.India,predominately Hindu populated country,still regard marriage as a scared union  or holy union rather than civil contract with specific term.

The socio-economic conditions of the India are different from the other countries,moreover literacy levels are very poor,the legislators are not willing to experiment with new laws like Mexican law.

References :

1. http://articles.cnn.com/2011-10-03/americas/world_americas_mexico-2-year-marriages_1_marriage-bill-mexico-city-s-legislative-assembly-couples?_s=PM:AMERICAS
2.  http://blogs.reuters.com/faithworld/2011/10/02/til-2013-do-us-part-mexico-mulls-2-year-marriage/

State Bailout Argument -Kingfisher Case

 State Bailout Argument -Kingfisher case:

It is laughable that ,some free market protagonist aggressively pushing the argument of state intervention by bailing out of kingfisher airlines with financial package,like USA bailing out  Banks,financial institutes and auto industry,the corporate can reap the profits and enrich themselves,but instead of bearing the losses on its own,it expect the state to intervene and bail them out at the cost of tax payer money,It sounds ridiculous to push such theory,even if,Kingfisher  services were good,similar demands were also made during Satyam scandal.

How many India Inc. contributing to the concept of social responsibility or cooperating with state responsibilities, ,ironically, it never bothered to donate their profits for social causes,contrastingly,they go for expansion mode,specially ,when they are reaping profits. 

Nationalization Vs Bailing Out ;

Nationalization means  reverse privatization ,state taking over the ownership and assets of private enterprises ,free market protagonist demanding financial support to Kingfisher ,but not nationalization, state should bear their losses,make it profit-making enterprises with out ownership control.its demeaning to bailout private airlines ,when state- controlled Air India,itself facing myriad problems with out any pro-active intervention of the government.

Nationalisation - a success story ;

In year 1969,14 largest banks were nationalised by then Prime Minster late Mrs.Indira Gandhi through bill "Banking Companies (Acquisition and Transfer of Undertaking) "which was passed by Indian parliament, and it received the presidential approval on 9 August 1969,the said move was hailed by late Lok Nayak Jaya Prakash Narayan,the nationalised bank played crucial role in Indian Economy through credit delivery, only after liberalisation policy of Late P.V Narsimha Rao in early 1990,private  banks [UTI,HDFC,ICICI ]came into picture.

Bailing out means opening Pandora Box;

Any decision to bailout loss making private sector airlines bound to open Pandora box with similar demands from other sectors,such bailout at the cost of tax payer money is mockery of socialism,which is basic structure of the constitution.The common people are aware ,India still a socialist economy,still the word 'socialism' still exists in the preamble,the nationalisation is better option than bailout .  

Double Standards of corporate India;

The corporate giants in the recent Confederation of Indian Industry  conclave was highly critical of UPA-II deadlock over liberalisation policy,warned that any slowing down will hurt investment climate and on the other hand,some free market policy experts are pushing the argument of bailout loss- making private sector unit.This is some thing,which is beyond the comprehension of common man.

State Intervention in the Crucial sectors : 

There is growing demand in India for nationalisation of precious natural resources or national wealth  like mining for proper and optimum utilization for national building.

The protogonist for Occupy Wall Street advocates the policy of state intervention in crucial sectors to do justice to the  commoners ,who are at receiving end in the world economic crises.  

The world is witnessing crucial changes due to "World Economic Crises",there is a visible change in the people's perceptions and beliefs,due to various factors like debt crises and rising unemployment in the world.

The people are preferring job security than corporate's heavy pay package,the government job looks attractive career option,when compared to un-secured or unpredictable private sector jobs.

The concept of reverse -privatsation looks attractive option and only viable alternative at this juncture. 

References:

1. http://en.wikipedia.org/wiki/Banking_in_India
2. http://www.equitymaster.com/5MinWrapUp/detail.asp?date=11/16/2011&story=4&title=Bailout-vs-bankruptcy--Which-one-is-better 

Marxism or people's resistant movement in USA &other parts of the world?

Marxism or people's resistant movement in USA&other parts of the world?

The entire western world's  sworn enemy was USSR and its Marxist communist ideology.There was cold war between USA and USSR for more than four decades[1946 to 1991]. The world was divided into capitalist block  and socialist blocks before dramatic collapse of USSR and eventually got disintegrated into pieces,which lead to collapse of communist regimes in eastern European countries and surprisingly East and West Germany got united after dismantling of Berlin wall.

American and other western people,now loving pro-labor radicalism and advocating labor activism,once most hated basic principles of Karl Marx like dictatorship of proletariat,workers of the world unite for common good and workers participation in the management ,recently,Ohio state bill was defeated,on 8th November,2011, Ohioans voted   to overturn the state's new law limiting collective bargaining rights for public sector employees, a victory for organized labor and their Democratic allies in the key electoral battleground,which was purportedly to be  a anti -labour bill or capitalist bill,all workers got united under one banner ensured that anti-labor bill is defeated ,this sparks debate that whether same Marxist principles really inspiring Americans or its sheer people's resistant movement against  corporate or state neglect of commoners and on the other hand,there is a huge movement against corporate greed called" Occupy Wall Street Movement",which has already spread to several countries.

What made people angry and restless?

The accumulation of unjust profits by corporates,unjust financial system or unregulated financial system  or unproductive expenditure by the state and sheer neglect of working classes,where as,their demands are  reasonable ,just and simple,they are only demanding affordable housing ,affordable healthcare and over all,the decent standard of living to ensure that children don't suffer,they don't have unreasonable demands  like luxury villas in moon or Hawaiian island holiday package as 'Leave travel package'. [LTC]. They are demanding basic amenities ,as cost of living rising at alarming levels due to high inflation and world economic crises.

The insecurity creeping in people's mindset:

The labour unrest is reported in many countries due to world economic and debt crises.Another issue is rising unemployment rates in the developed countries and developing countries,which makes people uncomfortable and restless,resulting mass people's resistant movement.There was riots in London by organised by the unemployed youth,which reminds West Indian British labour unrest of 1934–1939 ,which begin after world war -II,which highlighted income inequalities in Britain.Most communist believe that,If present unrest  continue,it may lead to  Bolshevism.

Indian Dilemma  &World crises.

The hundreds of Indian expatriates are expected to return home ,in  next two years  from USA and other countries ,due to uncertain economic conditions,adding to unemployed population,where as India is already facing labour unrest and huge educated unemployment,recently,there was huge labour strike in Maruthi Suzuki Ltd,Hyundai,MRF,Toyota,Honda and Nokia,due to ineffective labour dispute resolution.

There was labour unrest in some of the industrial areas of Andhra Pradesh and Tamil Nadu,which speaks resurgence of Trade Unionism,pushing case for greater role of workers in the management,protagonist of free market are worried about new resurgence of trade union,which will hamper investment climate.The fact of the matter is there is  a need to address the issue of fair wages,job security and social security measures,which will eventaully reduce labour unrest.It is better for people,who often shed crocodile tears about labour unrest is hurting investment climate, should make an effort to  understand the labour point of view and their woes.

There will be no organisation with out work force and with out orgaonsation,there can't be work force,both are indispensable in world,when organisation earn profits,workers should be given due share ,valuing their commitment and hard work.
The Human problems can be solved with humanitarian approach and sensitive mindset,no authoritarian state can survive by creating fear and in security in the work force.



It is better to strive for equitable society by removing income inequalities by making corporates accountable to stringent labour laws and social security measures and remove social inequalities by enforcing heavy taxation on ultra-rich people.

References :

• http://www.latimes.com/news/politics/la-pn-ohio-issue-2-20111108,0,63215.story

• http://en.wikipedia.org/wiki/British_West_Indian_labour_unrest_of_1934%E2%80%931939

Who will govern internet or WWW?India's proposal.

Who will govern internet or WWW? India's proposal.

We use 'Internet' daily,it is an undeniable fact that it has become an indispensable part of the world at individual level or organizational level or governmental level,it is spreading culture,philosophies,arts,literature,political discourses,and  promoting business or relationship at personal level through social networking websites,Ironically,most of us not aware,What is the code of conduct for internet?who and how internet is governed or controlled globally?what is legal mechanism of internet technology like assigning domain names and internet protocol[IP]?what is dispute resolution or how the dispute resolution works?.

Now the debate is, who should govern the internet ,whether new body under UN or multi level stake holders like INGO,according to the McKinsey Global Institute, a think-tank."because nobody controls the internet, it has proved hard to censor. And despite (or perhaps because of) this lack of governance, the network has proved surprisingly resilient." More than two billion people are now connected to the internet.The many predictions of collapse have not yet proved correct.

Interestingly,the concept of "Internet Global Governance Mechanism" became debatable in India,after India submitted a proposal to United Nations for the establishment of a committee for Internet-Related Policies.

The proposal was presented by Member of Parliament Mr Dushyant Singh in 66th General Assembly of United Nations ,it was initiative of under aegsis of IBSA[ three developing like  countries India,Brazil,South Africa],to establish a body to deal with Internet issues,but before understanding the concept of IRP,it is prudent to know the history of Internet Governance.

History of Internet Governance : 

The creation of the Internet Corporation for Names and Numbers known widely as "ICANN".  The Internet Corporation for Assigned Names and Numbers (ICANN) ,non-profit and private sector organisation ,formed in 1998 , headquartered in Marina del Rey, California. ,ICANN oversees the assignment of globally unique identifiers on the Internet, including domain names, Internet Protocol (IP) addresses, application port numbers in the transport protocols, and many other parameters,it means the main purpose of formation is to address the  issue of "Domain Names" and "Internet Protocol",the issue of assigning domain names was taken up by DARPA and in affiliation with the Stanford Research Institute (SRI),it was a graduate student ,Jon Postel at the University of California at Los Angeles, who was entrusted the tasks of assigning blocks of numerical IP addresses to regional registries , maintaining a list of the host names  and their addresses.This function eventually became known as the Internet Assigned Numbers Authority (IANA), and as it expanded to include management of the global Domain Name System (DNS) root server.

The Allocation of IP addresses was delegated to four Regional Internet Registries (RIRs):

1. American Registry for Internet Numbers (ARIN) for North America
2. Réseaux IP Européens - Network Coordination Centre (RIPE NCC) for Europe, the Middle East, and Central Asia
3. Asia-Pacific Network Information Centre (APNIC) for Asia and the Pacific region
4. Latin American and Caribbean Internet Addresses Registry (LACNIC) for Latin America and the Caribbean region.

In 1998 after death of postel, the IANA became part of the Internet Corporation for Assigned Names and Numbers (ICANN), a newly created Californian non-profit corporation, initiated during September 1998 by the US Government and awarded a contract by the US Department of Commerce. ,in 1992 the Internet Society (ISOC) was founded.

The World first Summit on Internet Society:On 16 November 2005, the World Summit on the Information Society, held in Tunis, established the Internet Governance Forum (IGF) to open an ongoing, non-binding conversation among multiple stakeholders about the future of Internet governance.
 

The United Nations Committee for Internet-Related Policies :

The new body proposed by India,may consist of 50 member-states,“chosen/elected on the basis of equitable geographical representation” and four advisory groups, one each for civil society, the private sector, the inter-governmental and international organisations and the technical and academic community. 

The advisory groups will provide “inputs and recommendations to the CIRP.” “The CIRP will report directly to the General Assembly and present recommendations for consideration, adoption and dissemination among all relevant inter-governmental bodies and international organisations,” the Indian proposal says.
“The intent of proposing a multilateral and multi-stakeholder mechanism is not to control the Internet or allow governments to have the last word on regulating the Internet, but to make sure that the Internet is governed not unilaterally but in an open, democratic, inclusive and participatory manner, with the participation of all stakeholders, so as to evolve universally acceptable and globally harmonised policies in important areas and pave the way for a credible, constantly evolving, stable and well-functioning Internet that plays its due role in improving the quality of peoples' lives everywhere.”

Internet Society [ISOC] an INGO,cautioned against new body ,it is against spirit of Tunis Agenda ,which calls for multi-stake holder cooperation  in Internet policy development. 

India called establishment of a working group under Commission on Science and Technology for Development for drawing up the terms of reference for CRIP to make a common body a reality with in 18 months.

Most countries are uncomfortable with current set up, China and Russia want the United Nations General Assembly to adopt an “International Code of Conduct for Information Security”. India, Brazil and South Africa have called for a “new global body” to control the internet. Other countries want to give a UN agency, the International Telecommunication Union (ITU), a supervisory role.Some western countries battle for Internet Corporation for Assigned Names and Numbers (ICANN),There is a need for body under the frame of UN  to work for common policy to regulate internet and there is a need for greater international cooperation under international body to curb the cyber crimes[frauds,child pornography,trafficking,terror networks]and cyber terrorism like hacking the websites of institutes of national and international importance.

But some people are not happy with concept of state control over internet,it will curtail the freedom of speech and expression,which will eventually suffocate the internet.

References :

1. http://www.thehindu.com/sci-tech/internet/article2604526.ece 

2. http://www.icann.org/

3. http://www.economist.com/node/21530955