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Saturday 17 May 2014

Cricket fixing scandal: The day I confronted Lou Vincent


We in the New Zealand team knew without a shadow of doubt that our ex-colleague was cheating

Lou Vincent, the former New Zealand batsman and itinerant T20 cricketer was known by his team-mates to be too good a player to bat so poorly in an ICL game
Fixer: New Zealand players watched Lou Vincent score one from nine balls in the ICL and smelt a rat Photo: GETTY IMAGES

“Did you?” “Huh?” “Did you, you know, do some dumb things while you were playing?” I was sitting across from Lou Vincent, the ex-New Zealand cricketer and ex-team-mate of mine. We were in a curry house, not far from the HAC Ground in London, where we had both just played in a charity Twenty20. It was Aug 30, 2012 and I hadn’t seen Lou for a long time; in a lot of ways, intentionally. I didn’t really want to be seen with him, associated with him or considered a mate of his.
We did, and do have, one thing in common; we both suffer with mental illness. That was the basis for a lot of what we talked about that day.
Lou had been touring in a camper van spreading his story of MI and raising awareness. What he was doing seemed great, but what he had been doing wasn’t.
I knew he had been up to no good. It becomes evident, as a player, that what you see is not always real. That moment you learn that wrestling on TV isn’t real. It is acting. It is hard to believe at first and then, when you have watched a lot, or been around it endlessly, you see it for what it really is. There is no going back.
On a Test tour of Bangladesh, 2008, we, the New Zealand team watched a lot of the Indian Cricket League; the ‘rebel’ T20 competition in its first year. We watched some of the most unbelievable cricket. Unbelievable in a way that we could not believe how obvious what was going on: leaving and or padding up to straight ones, run outs by massive distances in curious circumstances, batsmen playing out maidens, no-balls and wides just too big and too often to be natural mistakes. It looked a shambles. 
And this included Lou Vincent. He had walked away from a New Zealand contract to take part in a lucrative league. We knew what was going on.
Without a shadow of doubt Lou was fixing. From our Bangladesh telephone sims (when touring, typically, we buy or are provided with a local sim), players who had Lou’s number would text him with some rather unpleasant messages about what he was doing. He was called a “fixer”, a “cheat” and many more unprintable things.
Lou denied any involvement. I asked him again if he had “fixed”, if he had been a part of it. He straight out rejected my line of questions. I showed him a scorecard from a game I had watched live. I had the scorecard saved as a bookmark on my phone browser so that we could talk specifics. I showed it to him. He put his one run from nine balls, playing out a first-over maiden, to just good bowling. I called that “rubbish”.
Lou is a quality player. For a fix he promised to score, 30 inside three overs. He failed, but a player with that quality does not score one from nine balls. I have not spoken to Lou since.
It happens here, in the UK. More than in just the matches we have read about from Lou’s accounts.
I was commentating on a match at Chelmsford and Danish Kaneria, the Essex and Pakistan leggie, bowled one of the biggest wides I have ever seen. It was the first ball of a spell. In the box we were flabbergasted at how flagrant it was.
In the previous two World Twenty20s I watched a highly respected player swap his bat, make sure that the cameras caught it by taking a long time to complete the act, on three occasions. A wicket fell in the next over, either him or his partner. A coincidence? I don’t think so. A change of bat can be a sign to a bookie that the fix is on.
I have seen others too. The ones outlined by Vincent. I watched the Sussex v Kent game which we now know contained spot-fixing and I sensed something was up.
The issue is, knowing and proving. Should I, as an ex-player and now commentator, be reporting suspect activity to the Anti-Corruption and Security Unit? Maybe I should.
But, I feel it is so rife that they would get overrun by what I see as suspect actions which have become so blatant that it is hard to believe they even care about our game anymore.
Iain O’Brien played 22 Tests for New Zealand and now works as a BBC commentator based in the UK

Friday 16 May 2014

Here's what you can learn by living on £1 a day

Rowan Williams in The Independent

When Christian Aid asked me to take up the Live Below the Line challenge by living on just £1 a day for five days, I readily accepted. Well, fairly readily. But I felt it was something I had to step up to – a unique chance to learn and to enlarge my horizons.
There’s the thing about testing yourself: what do I actually need, what can I genuinely do without? 
But more simply, there’s learning a little bit about the experience of around 1.2 billion people around the world, not completely unlike you and me, who every day face the challenge of living on the tightest of budgets, and will still probably go hungry.   
On the face of it, it’s simple – spend no more than £1 a day on all your food and drink, in solidarity with those who live on less in the developing world.
As a Christian, I’d got a bit of experience of fasting in Lent and so on. The lack of treats, or giving up my favourite muesli in the morning didn’t seem so terrible.
The first thing that hit me, and it hit me quite hard, was just how expensive fresh fruit and vegetables are if you’re starting from £1 a day. The five-a-day goal (let alone more recent recommendations of seven or ten) was more or less impossible.
This really brought home what so many people in the UK, as well as overseas, struggle with on a daily basis - the basic issue not just of satisfying hunger but about proper nutrition.
I’d been vaguely aware of this in theory, but the reality is that it isn’t just a matter of eating cheaply and cheerfully. I hadn’t appreciated how difficult it would be to plan and put together meals that were nutritionally balanced. How on earth do you manage a balanced diet on such a limited budget?
In prosperous bits of Britain we live in a fast-paced, consumer-friendly world where planning an evening meal involves a quick stop at the local supermarket to pick up something tasty and often already prepared.
But that is not how it works when you’re on £1 day. You have to put aside time to prepare, time to think about your options and to work out how you can make this small sum stretch to something resembling three meals a day.
If you’re doing this challenge, you’re forced to think about what it’s like relying all the time on cheap staples. It is not just about giving up luxuries; having the freedom to choose nutritionally sensible food, whatever the price, is not to be taken for granted.
And then there is the monotony. Relying on cheap food probably means a lack of variation and flavour. Quite simply, eating becomes far less of a pleasure, not so much an experience to savour but something just to keep you going.
One of the items I bought was a very cheap can of tomato soup so that I could decant a spoonful or two into my otherwise plain meals. The tedium can be tough, and you will likely feel tired or headachy as a result.
Still, learning that you can live without certain things is a positive experience. With the treats we have to get us through the day you think to yourself, "I don’t actually depend on that, I can think again about whether I need to buy this or that in future".
Fasting or giving up some of your luxuries can be liberating - which is one of the reasons it is common across many faiths. But it doesn’t take much to forget that while you have a choice about this, most don’t. 
Liberation for them is having the possibility of security about their food and some guarantees of nutritional quality.
I found it difficult to do this challenge alone. Watching your family tuck in to a tasty-looking feast while you’re eating your routine dish of rice and vegetables is not a great deal of fun. 
But at the same time, you know that for once you’re sharing a little of the challenge faced by millions around the world who live in this way all or most of the time.
Every moment during the five days I was acutely aware that I could walk away and pack it in whenever I wanted. I chose to take up the challenge and I only had to live through it for a finite period. 
For me, it was much more of a spiritual exercise rather than something imposed. But most people who have to live on £1 or less every day can’t walk away.
Doing this may bring a sense of unity that’s spiritually positive; just remember that it’s not so spiritually positive if you haven’t chosen it.
Practical advice for anyone taking up the challenge? Keep reasonably busy. If, like me, you have a rather sedentary job there’s more of a temptation to think about food, to get frustrated and to listen to your stomach rumbling. 
If you deliberately walk around and vary your position, it’s easier to keep going. And if you close your eyes, a cup of boiled water can go some way to convincing you that you’re having a nice cup of tea! 
It can be done; and you’ll learn what nothing else can teach you – about yourself and the world you live in.
Live Below the Line is a fundraising initiative which challenges the public to live on just £1 a day for five days. Participants can take on the challenge until 30 June 2014, and all money raised will support the work of 33 charities including Christian Aid and Global Poverty Project.

If anything's amoral in our education system, it's the state of private school elitism

Chloe Hamilton in The Independent

As a loud and proud state school alumnus, I was left in open-mouthed horror after reading the comments made by the chairman of the Independent Schools Association, which claimed state educated children leave school without a moral compass.
Apparently, my poor, harangued teachers were simply too busy teaching me, and I quote, “the basics” (we’re not too sharp, us state school kids) to spend time lecturing me on right and wrong.
Chairman Richard Walden says the sports teams and debating societies much loved by private school students ensure they leave education well-rounded individuals.
State schools, which seemingly don’t provide extra-curricular activities, are too preoccupied by league tables to provide children with the rounded and enriching education that will give them the moral compass they need for life.
There is so much wrong with Walden’s comments that I won’t spend too much time pointing out the school backgrounds of the current cabinet show state schools certainly have no cartel on the production of amoral people.
But it’s worth remembering David Cameron, Nick Clegg, George Osborne and Jeremy Hunt, to name but a few, all went through the private sector. I’ll leave you to dwell on that.
Firstly, I take issue with Walden’s suggestion that privately educated children leave school well-rounded individuals. How can a student who interacts only with people of his own class and tax bracket be considered a balanced individual?
A system which thrives on elitism cannot be relied upon to teach sound morals. State schools, populated as they are with children from every background imaginable, teach tolerance and understanding. As a result, a state school student is more likely to graduate with a proper understanding of the world around them than someone who spends years debating with fellow Tarquins and Beatrices.
Also, and this is coming from someone who studied ethics at degree level, I’m dubious about whether morals can be taught in the classroom. Morality is, in some respects, learned behaviour, picked up from parents and peers, as well as from teachers.
The day I first walked through the gates of my state primary school, I knew that pushing someone over in the playground was mean and helping someone who had been pushed over was kind. My parents, like many others before them, had instilled in me the basic principles of right and wrong before I started school.
Morals are not tangible things that can be acquired simply through study. They require practice and experience, both inside and beyond the school gates.  
But my main issue with Walden is not that he’s incorrect, but that he implies morals are things that can be bought; that students whose parents can’t afford to purchase a gold-plated moral compass for upwards of £30,000 a year will leave education amoral beasts, sent out into the world with no concept of what is right and wrong.
Just as I believe education cannot, and should not, be bought, I think putting a price on a child’s morality contradicts every decent principle we try teach them.
Private schools do not have a monopoly on morality and the notion that everything has a monetary value is what makes the sector itself so defunct of morals. 

The new face of India

With the rise of Hindu nationalist Narendra Modi culminating in this week's election, Pankaj Mishra asks if the world's largest democracy is entering its most sinister period since independence
Supporters of Narendra Modi wear masks during a campaign rally in Kolkata.
Supporters of Narendra Modi wear masks during a campaign rally in Kolkata. Photograph: Dibyangshu Sarkar/AFP/Getty Images
In A Suitable Boy, Vikram Seth writes with affection of a placid India's first general election in 1951, and the egalitarian spirit it momentarily bestowed on an electorate deeply riven by class and caste: "the great washed and unwashed public, sceptical and gullible", but all "endowed with universal adult suffrage". India's 16th general election this month, held against a background of economic jolts and titanic corruption scandals, and tainted by the nastiest campaign yet, announces a new turbulent phase for the country – arguably, the most sinister since its independence from British rule in 1947. Back then, it would have been inconceivable that a figure such as Narendra Modi, the Hindu nationalist chief minister of Gujarat accused, along with his closest aides, of complicity in crimes ranging from an anti-Muslim pogrom in his state in 2002 to extrajudicial killings, and barred from entering the US, may occupy India's highest political office.
Modi is a lifelong member of the Rashtriya Swayamsevak Sangh (RSS), a paramilitary Hindu nationalist organisation inspired by the fascist movements of Europe, whose founder's belief that Nazi Germany had manifested "race pride at its highest" by purging the Jews is by no means unexceptional among the votaries of Hindutva, or "Hinduness". In 1948, a former member of the RSS murdered Gandhi for being too soft on Muslims. The outfit, traditionally dominated by upper-caste Hindus, has led many vicious assaults on minorities. A notorious executioner of dozens of Muslims in Gujarat in 2002 crowedthat he had slashed open with his sword the womb of a heavily pregnant woman and extracted her foetus. Modi himself described the relief camps housing tens of thousands of displaced Muslims as "child-breeding centres".
Such rhetoric has helped Modi sweep one election after another in Gujarat. A senior American diplomat described him, in cables disclosed by WikiLeaks, as an "insular, distrustful person" who "reigns by fear and intimidation"; his neo-Hindu devotees on Facebook and Twitter continue to render the air mephitic with hate and malice, populating the paranoid world of both have-nots and haves with fresh enemies – "terrorists", "jihadis", "Pakistani agents", "pseudo-secularists", "sickulars", "socialists" and "commies". Modi's own electoral strategy as prime ministerial candidate, however, has been more polished, despite his appeals, both dog-whistled and overt, to Hindu solidarity against menacing aliens and outsiders, such as the Italian-born leader of the Congress party, Sonia Gandhi, Bangladeshi "infiltrators" and those who eat the holy cow.
Modi exhorts his largely young supporters – more than two-thirds of India's population is under the age of 35 – to join a revolution that will destroy the corrupt old political order and uproot its moral and ideological foundations while buttressing the essential framework, the market economy, of a glorious New India. In an apparently ungovernable country, where many revere the author of Mein Kampf for his tremendous will to power and organisation, he has shrewdly deployed the idioms of management, national security and civilisational glory.
Boasting of his 56-inch chest, Modi has replaced Mahatma Gandhi, the icon of non-violence, with Vivekananda, the 19th-century Hindu revivalist who was obsessed with making Indians a "manly" nation. Vivekananda's garlanded statue or portrait is as ubiquitous in Modi's public appearances as his dandyish pastel waistcoats. But Modi is never less convincing than when he presents himself as a humble tea-vendor, the son-of-the-soil challenger to the Congress's haughty dynasts. His record as chief minister is predominantly distinguished by the transfer – through privatisation or outright gifts – of national resources to the country's biggest corporations. His closest allies – India's biggest businessmen – have accordingly enlisted their mainstream media outlets into the cult of Modi as decisive administrator; dissenting journalists have been removed or silenced.
Mukesh Ambani's 27-storey house in Mumbai. Mukesh Ambani's 27-storey house in Mumbai. Photograph: Danish Siddiqui/Reuters

Not long after India's first full-scale pogrom in 2002, leading corporate bosses, ranging from the suave Ratan Tata to Mukesh Ambani, the owner of a 27-storey residence, began to pave Modi's ascent to respectability and power. The stars of Bollywood fell (literally) at the feet of Modi. In recent months, liberal-minded columnists and journalists have joined their logrolling rightwing compatriots in certifying Modi as a "moderate" developmentalist. The Columbia University economist Jagdish Bhagwati, who insists that he intellectually fathered India's economic reforms in 1991, and Gurcharan Das, author of India Unbound, have volunteered passionate exonerations of the man they consider India's saviour.
Bhagwati, once a fervent supporter of outgoing prime minister Manmohan Singh, has even publicly applied for an advisory position with Modi's government. It may be because the nearly double-digit economic growth of recent years that Ivy League economists like him – India's own version of Chile's Chicago Boys and Russia's Harvard Boys – instigated and championed turns out to have been based primarily on extraction of natural resources, cheap labour and foreign capital inflows rather than high productivity and innovation, or indeed the brick-and-mortar ventures that fuelled China's rise as a manufacturing powerhouse. "The bulk of India's aggregate growth," the World Bank's chief economist Kaushik Basu warns, "is occurring through a disproportionate rise in the incomes at the upper end of the income ladder." Thus, it has left largely undisturbed the country's shameful ratios – 43% of all Indian children below the age of five are undernourished, and 48% stunted; nearly half of Indian women of childbearing age are anaemic, and more than half of all Indians still defecate in the open.
Absurdly uneven and jobless economic growth has led to what Amartya Sen and Jean Dreze call "islands of California in a sea of sub-Saharan Africa". The failure to generate stable employment – 1m new jobs are required every month – for an increasingly urban and atomised population, or to allay the severe inequalities of opportunity as well as income, created, well before the recent economic setbacks, a large simmering reservoir of rage and frustration. Many Indians, neglected by the state, which spends less proportionately on health and education than Malawi, and spurned by private industry, which prefers cheap contract labour, invest their hopes in notions of free enterprise and individual initiative. However, old and new hierarchies of class, caste and education restrict most of them to the ranks of the unwashed. As the Wall Street Journal admitted,India is not "overflowing with Horatio Alger stories". Balram Halwai, the entrepreneur from rural India in Aravind Adiga's Man Booker-winning novel The White Tiger, who finds in murder and theft the quickest route to business success and self-confidence in the metropolis, and Mumbai's social-Darwinist slum-dwellers in Katherine Boo's Behind the Beautiful Forevers point to an intensified dialectic in India today: cruel exclusion and even more brutal self-empowerment.
Such extensive moral squalor may bewilder those who expected India to conform, however gradually and imperfectly, to a western ideal of liberal democracy and capitalism. But those scandalised by the lure of an indigenised fascism in the country billed as the "world's largest democracy" should know: this was not the work of a day, or of a few "extremists". It has been in the making for years. "Democracy in India," BR Ambedkar, the main framer of India's constitution, warned in the 1950s, "is only a top dressing on an Indian soil, which is essentially undemocratic." Ambedkar saw democracy in India as a promise of justice and dignity to the country's despised and impoverished millions, which could only be realised through intense political struggle. For more than two decades that possibility has faced a pincer movement: a form of global capitalism that can only enrich a small minority and a xenophobic nationalism that handily identifies fresh scapegoats for large-scale socio-economic failure and frustration.
In many ways, Modi and his rabble – tycoons, neo-Hindu techies, and outright fanatics – are perfect mascots for the changes that have transformed India since the early 1990s: the liberalisation of the country's economy, and the destruction by Modi's compatriots of the 16th-century Babri mosque in Ayodhya. Long before the killings in Gujarat, Indian security forces enjoyed what amounted to a licence to kill, torture and rape in the border regions of Kashmir and the north-east; a similar infrastructure of repression was installed in central India after forest-dwelling tribal peoples revolted against the nexus of mining corporations and the state. The government's plan to spy on internet and phone connections makes the NSA's surveillance look highly responsible. Muslims have been imprisoned for years without trial on the flimsiest suspicion of "terrorism"; one of them, a Kashmiri, who had only circumstantial evidence against him, was rushed to the gallows last year, denied even the customary last meeting with his kin, in order to satisfy, as the supreme court put it, "the collective conscience of the people".
"People who were not born then," Robert Musil wrote in The Man Without Qualities of the period before another apparently abrupt collapse of liberal values, "will find it difficult to believe, but the fact is that even then time was moving faster than a cavalry camel … But in those days, no one knew what it was moving towards. Nor could anyone quite distinguish between what was above and what was below, between what was moving forward and what backward." One symptom of this widespread confusion in Musil's novel is the Viennese elite's weird ambivalence about the crimes of a brutal murderer called Moosbrugger. Certainly, figuring out what was above and what was below is harder for the parachuting foreign journalists who alighted upon a new idea of India as an economic "powerhouse" and the many "rising" Indians in a generation born after economic liberalisation in 1991, who are seduced by Modi's promise of the utopia of consumerism – one in which skyscrapers, expressways, bullet trains and shopping malls proliferate (and from which such eyesores as the poor are excluded).
Nehru Gandhi A civilising mission … Jawaharlal Nehru with Mahatma Gandhi. Photograph: Max Desfor/AP
People who were born before 1991, and did not know what time was moving towards, might be forgiven for feeling nostalgia for the simpler days of postcolonial idealism and hopefulness – those that Seth evokes in A Suitable Boy. Set in the 1950s, the novel brims with optimism about the world's most audacious experiment in democracy, endorsing the Nehruvian "idea of India" that seems flexible enough to accommodate formerly untouchable Hindus (Dalits) and Muslims as well as the middle-class intelligentsia. The novel's affable anglophone characters radiate the assumption that the sectarian passions that blighted India during its partition in 1947 will be defused, secular progress through science and reason will eventually manifest itself, and an enlightened leadership will usher a near-destitute people into active citizenship and economic prosperity.
India's first prime minister, Jawaharlal Nehru, appears in the novel as an effective one-man buffer against Hindu chauvinism. "The thought of India as a Hindu state, with its minorities treated as second-class citizens, sickened him." In Nehru's own vision, grand projects such as big dams and factories would bring India's superstitious masses out of their benighted rural habitats and propel them into first-world affluence and rationality. The Harrow- and Cambridge-educated Indian leader had inherited from British colonials at least part of their civilising mission, turning it into a national project to catch up with the industrialised west. "I was eager and anxious," Nehru wrote of India, "to change her outlook and appearance and give her the garb of modernity." Even the "uninteresting" peasant, whose "limited outlook" induced in him a "feeling of overwhelming pity and a sense of ever-impending tragedy" was to be present at what he called India's "tryst with destiny".
That long attempt by India's ruling class to give the country the "garb of modernity" has produced, in its sixth decade, effects entirely unanticipated by Nehru or anyone else: intense politicisation and fierce contests for power together with violence, fragmentation and chaos, and a concomitant longing for authoritarian control. Modi's image as an exponent of discipline and order is built on both the successes and failures of the ancien regime. He offers top-down modernisation, but without modernity: bullet trains without the culture of criticism, managerial efficiency without the guarantee of equal rights. And this streamlined design for a new India immediately entices those well-off Indians who have long regarded democracy as a nuisance, recoiled from the destitute masses, and idolised technocratic, if despotic, "doers" like the first prime minister of Singapore, Lee Kuan Yew.
But then the Nehruvian assumption that economic growth plotted and supervised by a wise technocracy would also bring about social change was also profoundly undemocratic and self-serving. Seth's novel, along with much anglophone literature, seems, in retrospect, to have uncritically reproduced the establishment ideology of English-speaking and overwhelmingly upper-caste Hindus who gained most from state-planned economic growth: the Indian middle class employed in the public sector, civil servants, scientists and monopolist industrialists. This ruling class's rhetoric of socialism disguised its nearly complete monopoly of power. As DR Nagaraj, one of postcolonial India's finest minds, pointed out, "the institutions of capitalism, science and technology were taken over by the upper castes". Even today, businessmen, bureaucrats, scientists, writers in English, academics, thinktankers, newspaper editors, columnists and TV anchors are disproportionately drawn from among the Hindu upper-castes. And, as Sen has often lamented, their "breathtakingly conservative" outlook is to be blamed for the meagre investment in health and education – essential requirements for an equitable society as well as sustained economic growth – that put India behind even disaster-prone China in human development indexes, and now makes it trail Bangladesh.
Dynastic politics froze the Congress party into a network of patronage, delaying the empowerment of the underprivileged Indians who routinely gave it landslide victories. Nehru may have thought of political power as a function of moral responsibility. But his insecure daughter, Indira Gandhi, consumed by Nixon-calibre paranoia, turned politics into a game of self-aggrandisement, arresting opposition leaders and suspending fundamental rights in 1975 during a nationwide "state of emergency". She supported Sikh fundamentalists in Punjab (who eventually turned against her) and rigged elections in Muslim-majority Kashmir. In the 1980s, the Congress party, facing a fragmenting voter base, cynically resorted to stoking Hindu nationalism. After Indira Gandhi's assassination by her bodyguards in 1984, Congress politicians led lynch mobs against Sikhs, killing more than 3,000 civilians. Three months later, her son Rajiv Gandhi won elections with a landslide. Then, in another eerie prefiguring of Modi's methods, Gandhi, a former pilot obsessed with computers, tried to combine technocratic rule with soft Hindutva.
The Bharatiya Janata party (BJP), a political offshoot of the RSS that Nehru had successfully banished into the political wilderness, turned out to be much better at this kind of thing. In 1990, its leader LK Advani rode a "chariot" (actually a rigged-up Toyota flatbed truck) across India in a Hindu supremacist campaign against the mosque in Ayodhya. The wildfire of anti-Muslim violence across the country reaped immediate electoral dividends. (In old photos, Modi appears atop the chariot as Advani's hawk-eyed understudy). Another BJP chieftain ventured to hoist the Indian tricolour in insurgent Kashmir. (Again, the bearded man photographed helping his doddery senior taunt curfew-bound Kashmiris turns out to be the young Modi.) Following a few more massacres, the BJP was in power in 1998, conducting nuclear tests and fast-tracking the programme of economic liberalisation started by the Congress after a severe financial crisis in 1991.
The Hindu nationalists had a ready consumer base for their blend of chauvinism and marketisation. With India's politics and economy reaching an impasse, which forced many of their relatives to emmigrate to the US, and the Congress facing decline, many powerful Indians were seeking fresh political representatives and a new self-legitimising ideology in the late 1980s and 90s. This quest was fulfilled by, first, both the post-cold war dogma of free markets and then an openly rightwing political party that was prepared to go further than the Congress in developing close relations with the US (and Israel, which, once shunned, is now India's second-biggest arms supplier after Russia). You can only marvel today at the swiftness with which the old illusions of an over-regulated economy were replaced by the fantasies of an unregulated one.
Narendra Modi Varanasi Narendra Modi waves to supporters as he rides on an open truck on his way to filing his nomination papers. Photograph: Kevin Frayer/Getty Images

According to the new wisdom – new to India, if already worn out and discredited in Latin America – all governments needed to do was get out of the way of buoyant and autonomous entrepreneurs and stop subsidising the poor and the lazy (in a risible self-contradiction these Indian promoters of minimalist governance also clamoured for a big militarised state apparatus to fight and intimidate neighbours and stifle domestic insurgencies). The long complex experience of strong European as well as east Asian economies – active state intervention in markets and support to strategic industries, long periods of economic nationalism, investments in health and education – was elided in a new triumphalist global history of free markets. Its promise of instant and widespread affluence seemed to have been manufactured especially for gormless journalists and columnists. Still, in the last decade, neoliberalism became the common sense of many Indians who were merely aspiring as well as those who had already made it – the only elite ideology after Nehruvian nation-building to have achieved a high degree of pan-Indian consent, if not total hegemony. The old official rhetoric of egalitarian and shared futures gave way to the media's celebrations of private wealth-creation – embodied today by Ambani's 27-storey private residence in a city where a majority lives in slums – and a proliferation of Ayn Randian cliches about ambition, willpower and striving.
Nehru's programme of national self-strengthening had included, along with such ideals as secularism, socialism and non-alignment, a deep-rooted suspicion of American foreign policy and economic doctrines. In a stunning coup, India's postcolonial project was taken over, as Octavio Paz once wrote of the Mexican revolution, "by a capitalist class made in the image and likeness of US capitalism and dependent upon it". A new book by Anita Raghavan, The Billionaire's Apprentice: The Rise of the Indian-American Elite and the Fall of the Galleon Hedge Fund, reveals how well-placed men such as Rajat Gupta, the investment banker recently convicted for insider trading in New York, expedited close links between American and Indian political and business leaders.
India's upper-caste elite transcended party lines in their impassioned courting of likely American partners. In 2008, an American diplomat in Delhi was given an exclusive preview by a Congress party factotum of two chests containing $25m in cash – money to bribe members of parliament into voting for a nuclear deal with the US. Visiting the White House later that year, Singh blurted out to George W Bush, probably resigned by then to being the most despised American president in history, that "the people of India love you deeply". In a conversation disclosed by WikiLeaks, Arun Jaitley, a senior leader of the BJP who is tipped to be finance minister in Modi's government, urged American diplomats in Delhi to see his party's anti-Muslim rhetoric as "opportunistic", a mere "talking point" and to take more seriously his own professional and emotional links with the US.
A transnational elite of rightwing Indians based in the US helped circulate an impression of an irresistibly "emerging giant" – the title of a book by Arvind Panagariya, a New-York-based economist and another aspiring adviser to Modi. Very quickly, the delusional notion that India was, as Foreign Affairs proclaimed on its cover in 2006, a "roaring capitalist success-story" assumed an extraordinary persuasive power. In India itself, a handful of corporate acquisitions – such as Tata's of Jaguar and Corus – stoked exorbitant fantasies of an imminent "Global Indian Takeover" (the title of a regular feature once in India's leading business daily, the Economic Times). Rent-seekers in a shadow intellectual economy – thinktank-sailors, bloggers and Twitterbots – as well as academics perched on corporate-endowed chairs recited the mantra of privatisation and deregulation in tune. Nostrums from the Reagan-Thatcher era – the primary source of ideological self-indoctrination for many Americanised Indians – about "labour flexibility" were endlessly regurgitated, even though a vast majority of the workforce in India – more than 90% – toils in the unorganised or "informal" sector. Bhagwati, for instance, hailed Bangladesh for its superb labour relations a few months before the collapse of the Rana Plaza in Dhaka; he also speculated that the poor "celebrate" inequality, and, with Marie Antoinette-ish serenity, advised malnourished families to consume "more milk and fruits". Confronted with the World Health Organisation's extensive evidence about malnutrition in India, Panagariya, ardent patron of the emerging giant, argued that Indian children are genetically underweight.
This pitiless American free-marketeering wasn't the only extraordinary mutation of Indian political and economic discourse. By 1993, when A Suitable Boy was published, the single-party democracy it describes had long been under siege from low-caste groups and a rising Hindu-nationalist middle class. (Sunil Khilnani's The Idea of India, the most eloquent defence and elaboration of India's foundational ideology, now seems another posthumous tribute to it.) India after Indira Gandhi increasingly failed to respect the Nehruvian elite's coordinates of progress and order. Indian democracy, it turned out, had seemed stable only because political participation was severely limited, and upper-caste Hindus effectively ran the country. The arrival of low-caste Hindus in mass politics in the 1980s, with their representatives demanding their own share of the spoils of power, put the first strains on the old patrimonial system. Upper-caste panic initially helped swell the ranks of the BJP, but even greater shifts caused by accelerating economic growth after 1991 have fragmented even relatively recent political formations based on caste and religion.
Rapid urbanisation and decline of agriculture created a large mass of the working poor exposed to ruthless exploitation in the unorganised sector. Connected to their homes in the hinterland through the flow of remittances, investment, culture and ideas, these migrants from rural areas were steadily politically awakened with the help of print literacy, electronic media, job mobility and, most importantly, mobile phones (subscribers grew from 45 million in 2002 to almost a billion in 2012). The Congress, though instrumentally social-welfarist while in power, failed to respond to this electorally consequential blurring of rural and urban borderlines, and the heightened desires for recognition and dignity as well as for rapid inclusion into global modernity. Even the BJP, which had fed on upper-caste paranoia, had been struggling under its ageing leaders to respond to an increasingly demanding mass of voters after its initial success in the 1990s, until Modi reinvented himself as a messiah of development, and quickly found enlarged constituencies – among haves as well as have-nots – for his blend of xenophobia and populism.
A wave of political disaffection has also deposited democratic social movements and dedicated individuals across the country. Groups both within and outside the government, such as those that successfully lobbied for the groundbreaking Right to Information Act, are outlining the possibilities of what John Keane calls "monitory democracy". India's many activist networks – for the rights of women, Dalits, peasants and indigenous communities – or issue-based campaigns, such as those against big dams and nuclear power plants, steer clear of timeworn ideas of national security, economic development, technocratic management, whether articulated by the Nehruvians or the neo-Hindus. In a major environment referendum last year, residents of small tribal hamlets in a remote part of eastern India voted to reject bauxite mining in their habitats. Growing demands across India for autonomy and bottom-up governance confirm that Modi is merely offering old – and soured – lassi in new bottles with his version of top-down modernisation.
Modi, however, has opportunely timed his attempt to occupy the commanding heights of the Indian state vacated by the Congress. The structural problems of India's globalised economy have dramatically slowed its growth since 2011, terminating the euphoria over the Global Indian Takeover. Corruption scandals involving the sale of billions of dollars' worth of national resources such as mines, forests, land, water and telecom spectrums have revealed that crony capitalism and rent-seeking were the real engines of India's economy. The beneficiaries of the phenomenon identified by Arundhati Roy as "gush-up" have soared into a transnational oligarchy, putting the bulk of their investments abroad and snapping up, together with Chinese and Russian plutocrats, real estate in London, New York and Singapore. Meanwhile, those made to wait unconscionably long for "trickle-down" – people with dramatically raised but mostly unfulfillable aspirations – have become vulnerable to demagogues promising national regeneration. It is this tiger of unfocused fury, spawned by global capitalism in the "underdeveloped" world, that Modi has sought to ride from Gujarat to New Delhi.
"Even in the darkest of times," Hannah Arendt once wrote, "we have the right to expect some illumination." The most prominent Indian institutions and individuals have rarely obliged, even as the darkness of the country's atrocity-rich borderlands moved into the heartland. Some of the most respected commentators, who are often eloquent in their defence of the right to free speech of famous writers, maintained a careful silence about the government's routine strangling of the internet and mobile networks in Kashmir. Even the liberal newspaper the Hindu prominently featured a journalist who retailed, as an investigation in Caravan revealed, false accusations of terrorism against innocent citizens. (The virtues of intelligence, courage and integrity are manifested more commonly in small periodicals such as Caravan and Economic and Political Weekly, or independent websites such as Kafila.org and Scroll.in.) The owners of the country's largest English-language newspaper, the Times of India, which has lurched from tedium to decadence within a few years, have innovated a revenue-stream called "paid news". Unctuously lobbing softballs at Modi, the prophets of electronic media seem, on other occasions, to have copied their paranoid inquisitorial style from Glenn Beck and Rush Limbaugh. Santosh Desai, one of contemporary India's most astute observers, correctly points out that the "intolerance that one sees from a large section of society is in some way a product of a 'televisionised' India. The pent-up feelings of resentment and entitlement have rushed out and get both tacit and explicit support from television."
A spate of corporate-sponsored literary festivals did not compensate for the missing culture of debate and reflection in the press. The frothy glamour of these events may have helped obscure the deeper intellectual and cultural churning in India today, the emergence of writers and artists from unconventional class and caste backgrounds, and the renewed attention to BR Ambedkar, the bracing Dalit thinker obscured by upper-caste iconographies. The probing work of, among others, such documentary film-makers as Anand Patwardhan (Jai Bhim Comrade)Rahul Roy (Till We Meet Again)Rakesh Sharma (Final Solutionand Sanjay Kak (Red-Ant Dream), and members of the Raqs Media Collective outlines a modernist counterculture in the making.
But the case of Bollywood shows how the unravelling of the earliest nation-building project can do away with the stories and images through which many people imagined themselves to be part of a larger whole, and leave only tawdriness in its place. Popular Hindi cinema degenerated alarmingly in the 1980s. Slicker now, and craftily aware of its non-resident Indian audience, it has become an expression of consumer nationalism and middle-class self-regard; Amitabh Bachchan, the "angry young man" who enunciated a widely felt victimhood during a high point of corruption and inflation in the 1970s, metamorphosed into an avuncular endorser of luxury brands. A search for authenticity, and linguistic vivacity, has led film-makers back to the rural hinterland in such films as Gangs of WasseypurPeepli Live and Ishqiya, whose flaws are somewhat redeemed by their scrupulous avoidance of Indians sporting Hermès bags or driving Ferraris. Some recent breakthroughs such as Anand Gandhi's Ship of Theseus and Dibakar Banerji's Costa-Gavras-inspired Shanghai gesture to the cinema of crisis pioneered by Asian, African and Latin American film-makers. But India's many film industries have yet to produce anything that matches Jia Zhangke's unsentimental evocations of China's past and present, the acute examination of middle-class pathologies in Kleber Mendonça Filho's Neighbouring Sounds, or Nuri Bilge Ceylan's delicate portrait of the sterile secularist intellectual in Uzak.
The long artistic drought results partly from the confusion and bewilderment of an older, entrenched elite, the main producers, until recently, of mainstream culture. With their prerogative to rule and interpret India pilfered by the "unwashed" and the "gullible", the anglophones have been struggling to grasp the eruption of mass politics in India, its new centrifugal thrust, and the nature of the challenge posed by many apparently illiberal individuals and movements. It is easy for them to denounce India's evidently uncouth retailers of caste and religious identity as embodiments of, in Salman Rushdie's words, "Caligulan barbarity"; or to mock Chetan Bhagat, the bestselling author of novels for young adults and champion tweeter, for boasting of his "selfie" with Modi. Those pied-pipering the young into Modi-mania nevertheless possess the occult power to fulfil the deeper needs of their needy followers. They can compile vivid ideological collages – made of fragments of modernity, glimpses of utopia and renovated pieces of a forgotten past. It is in the "mythological thrillers" and positive-thinking fictions – the most popular literary genres in India today – that a post-1991 generation that doesn't even know it is lost fleetingly but thrillingly recognises itself.
In a conventional liberal perspective, these works may seem like hotchpotches, full of absurd contradictions that confound the "above" with the "below", the "forward" with the "backward". Modi, for instance, consistently mixes up dates and historical events, exposing an abysmal ignorance of the past of the country he hopes to lead into a glorious future. Yet his lusty hatred of the Nehru-Gandhi dynasty excites many young Indians weaned on the neo-liberal opiates about aspiration and merit. And he combines his historical revisionism and Hindu nationalism with a revolutionary futurism. He knows that resonant sentiments, images, and symbols – Vivekananda plus holograms and Modi masks – rather than rational argument or accurate history galvanise individuals. Vigorously aestheticising mass politics, and mesmerising the restless young, he has emerged as the new India's canniest artist.
But, as Walter Benjamin pointed out, rallies, parades and grand monuments do not secure the masses their rights; they give them no more than the chance to express themselves, and noisily identify with an alluring leader and his party. It seems predictable that Modi will gratify only a few with his ambitious rescheduling of India's tryst with destiny. Though many exasperated Indians see Modi as bearing the long-awaited fruits of the globalised economy, he actually embodies its inevitable dysfunction. He resembles the European and Japanese demagogues of the early 20th century who responded to the many crises of liberalism and democracy – and of thwarted nation-building and modernisation – by merging corporate and political power, and exhorting communal unity before internal and external threats. But Modi belongs also to the dark days of the early 21st century.
His ostensibly gratuitous assault on Muslims – already India's most depressed and demoralised minority – was another example of what the social anthropologist Arjun Appadurai calls "a vast worldwide Malthusian correction, which works through the idioms of minoritisation and ethnicisation but is functionally geared to preparing the world for the winners of globalisation, minus the inconvenient noise of its losers". Certainly, the new horizons of desire and fear opened up by global capitalism do not favour democracy or human rights. Other strongmen who supervised the bloody purges of economically enervated and unproductive people were also ruthless majoritarians, consecrated by big election victories. The crony-capitalist regimes of Thaksin Shinawatra in Thailand and Vladimir Putin in Russia were inaugurated by ferocious offensives against ethnic minorities. The electorally bountiful pogrom in Gujarat in 2002, too, now seems an early initiation ritual for Modi's India.
The difficulty of assessing his personal culpability in the killings and rapes of 2002 is the same difficulty that Musil identifies with Moosbrugger in his novel: how to measure the crimes, however immense, of individuals against a universal breakdown of values and the normalisation of violence and injustice. "If mankind could dream collectively," Musil writes, "it would dream Moosbrugger." There is little cause yet for such despair in India, where the aggrieved fantasy of authoritarianism will have to reckon with the gathering energies below; the great potential of the country's underprivileged and voiceless peoples still lies untapped. But for now some Indians have dreamed collectively, and they have dreamed a man accused of mass murder.

Monday 12 May 2014

Defending India’s patent law

Prabha Sridevan in The Hindu


No one can attack India’s well-founded Intellectual Property regime as being weak merely because a drug that is claimed to be an invention fails the test of law

India and its intellectual property (IP) laws have been the subject of sharp criticism recently. Now, there is talk of the government invoking emergency provisions with regard to Dasatinib, a cancer drug. The decibel level may go up several notches.
Let us look at our law. The sovereignty of a country includes its power to make laws. Any person who pursues commercial interests in another country must submit himself/herself to the laws of the country. No one can attack our regime as being weak only because his/her invention did not stand up to the test of our legislation. Nor can India be accused of robbing Peter to pay Paul. It sounds romantic, but it is still robbery.
The Novartis case and the Nexavar case of compulsory licence (CL) are what have impelled this attack. Innovation and invention have speeded up in myriad ways in the last few decades and our country had committed itself to the obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights. Therefore, it was necessary for India to revisit its patent law; in 2005, the Indian Patents Act was amended, Section 3(d) being one of the amendments. It was the basis of the Novartis case.
TRIPS recognises that members have the right to use/adopt measures to protect public health so long as they are consistent with TRIPS. A recent study notes: “Policy makers in developing and developed countries need to base their implementation of intellectual policy rules on these pro-public health and pro-access principles.” The Doha Declaration is an affirmation of the right to use the flexibilities in TRIPS, especially by developing and less developed countries, regarding access to medicine. The language of the Doha Declaration emphasises the importance of implementing and interpreting the TRIPS Agreement in a way that supports public health.
“The TRIPS agreement does not limit the grounds on which compulsory licences can be granted, and does not prevent patent applicants from having to demonstrate enhanced efficacy for their allegedly new and useful inventions. There are many problems affecting access to and rational use of medicines in India but the provisions within the country’s patent laws, if more extensively and properly applied, should help rather than hinder such access. India’s laws and experiences could provide a useful example for low-income and middle-income countries worldwide.”
About patentability, not price

In Novartis, the Supreme Court said that while harmonising the patent law in the country with the provisions of the TRIPS Agreement, India had attempted to balance its obligations under the international treaty and its commitment to protect and promote the public health considerations of people in the country and elsewhere. The ‘thorn in the flesh’ Section 3(d) had been challenged by Novartis before the Madras High Court earlier. But the court upheld its constitutionality and rejected the attack on the grounds of vagueness and arbitrariness. Novartis did not file an appeal against that judgment. Novartis claimed a patent for Gleevec, a cancer drug which was refused. Novartis then appealed to the Supreme Court.
The intellectual property of the inventor lies in the invention which is claimed to be novel, inventive and patentable. The patent is a creature of law by which the state bars public access to that invention for a fixed period. The economic reward from the invention is earned during this time after which it goes to the public domain. Section 3(d) is a test of patentability. With reference to Gleevec, it is enough to know that 3(d) inter alia says that in the absence of evidence of enhancement of known efficacy, the mere discovery of a new form of a new substance is not an invention deserving the grant of patent. Imatinib Mesylate was the known substance and Novartis claimed a patent for its (the substance) beta-crystalline form.
The Supreme Court asked: “Now, when all the pharmacological properties of beta crystalline form of Imatinib Mesylate are equally possessed by Imatinib in free base form or its salt, where is the question of the subject product having any enhanced efficacy over the known substance of which it is a new form?” If an invention fails the 3(d) test, it means there was no inventive step. There was no intellectual property in the alleged invention, and nothing that could be stolen. Our lawmakers meant to check any attempt at repetitive patenting or extension of the patent term on spurious grounds, and blocked attempts to keep an invention “evergreen.” If those who attack the Indian patent regime claim that a minor tweaking of chemicals is a giant step forward for an invention, then our legislators begged to differ. The Supreme Court said that it was not ruling that all incremental innovations were non-patentable and that every case would be examined. Our law says that new forms of known substances which do not have enhanced efficacy are in effect advances without real innovation. Therefore, Section 3(d) is actually a catalyst for genuine inventions.
The Supreme Court said that Novartis had attempted to get a patent for a drug which would otherwise not be permissible under our law. Filtering doubtful patents is the strength of our law and not its weakness. The Novartis judgment was not about price but about patentability.
Let us look at the compulsory licence (CL) case, i.e. Bayer vs. NATCO. The mechanism of CL is essentially about balancing patent rights with access to medicine. The words “social and economic welfare,” “public health,” “national emergency” and “public health problems/crises” used in the Act are all pointers to the CL provisions being centred around access to medicine.
A CL is granted subject to three conditions; one of them is about price. The reasonable requirement of the public with regard to the invention should be satisfied. The price at which it is made available should be reasonably affordable. It should be worked in India. A CL may be granted if the answer is a “no” to any of the three conditions. The interpretation of the word “working” by the Controller-General was criticised. It is incorrectly projected that the CL was granted on this score alone. Bayer failed in the other two tests. As far as working is concerned, the question is this: should the inventor manufacture the invention locally or is it sufficient to import it? The Controller held that “working” meant local manufacture to a reasonable extent. The Intellectual Property Appellate Board (IPAB) said that “working” could in some cases mean local manufacture entirely, while in others, only importation, and that it would depend on the facts and evidence of each case. “Working” is not defined in the Act. This issue will be settled by the superior courts on review. The power of review by the superior courts is sufficient to show that our law provides for safeguards.
Compulsory licence

Even in the U.S., it is believed that CL would be a beneficial addition to its patent system, would not significantly impact the incentives for innovations, and that, “a compulsory licensing provision would ensure that the American public is adequately supplied with a product. If the patentee is unable to produce enough supply to meet the demand for the product, another producer should be able to license the product to meet the demand.” This is precisely what our law says!
In all these years, there has been only one instance of the grant of compulsory licence. In fact it was refused recently for Dasatinib, the drug that is now in the news. And Section 3(d) has been invoked by our patent office only rarely. If Gleevec was refused a patent, it is only because it failed the test of Indian law. Refusal is not an act of robbery, for it means there was no invention and hence no property in the first place. There is really no case made out for there being a weakness in Indian law. The pharmaceutical industry’s anxiety behind the clamour against Indian law cannot be on account of any inherent weakness in our law, but only because other countries will follow it.
(Prabha Sridevan is a former judge, Madras High Court.)