THIS "CLEAN CHIT" NEEDS A MACHINE WASH.

   It had to happen sooner rather than later. After educating us on what to eat, read, wear, worship, sing, who to marry and other assorted aspects of culture, it is entirely appropriate that the BJP should now want to educate the Supreme Court on how to interpret and understand plain English. The reference is to the difference between the words "is" and "has been" in the sealed cover report on Rafael presented by the govt. to the court. It was largely on the basis of this report that the court  issued the "clean chit" to the govt. on the pricing and procedural aspects of the deal. And now the govt. wants the court to correct its wrong interpretation of these words, implying that some poor Deputy Secretary or Under Secretary has a better grasp of the Queen's English than three wise judges. Here is what the govt stated in the sealed cover report:

" The govt. has already shared the pricing details with the CAG. The report of the CAG is examined by the PAC. Only a redacted version of the report is placed before the Parliament and in public domain." [ Bold fonts by the author].

The Supreme Court, quite inexplicably , read the word "is" to mean "has been" while the govt. now says that it connotes "will be"! The whole thing is quite baffling. In the first place, the govt's drafting appears to be deliberately dodgy in order to convey precisely the meaning which the court derived viz. that the CAG has examined the pricing, as have the PAC and Parliament and that therefore there is no need for the court to intervene. The clear intention is to mislead the court. Why else would the govt. not clearly state the factual position: that it has given the pricing details to the CAG, its report is not yet ready and when submitted would be put up before Parliament and the PAC, in that order? Its ambiguous choice of words was clearly deliberate. The averment that only a redacted version is placed before Parliament is also incorrect, because the govt. cannot edit a CAG report- this too is misleading. Equally surprising, however, is the court's interpretation. How could it interpret "is" to mean "has been"? Even a proxy Vyapam candidate would know that the two formulations convey entirely different meanings. It is possible, but difficult, to ascribe the mistake to a weak grasp of the English language by judges who would by now have written millions of words in their careers. Is it possible that the court was now keen  to dispose of the matter quickly, having realised that it was way beyond its depth, and that therefore a certain casualness had crept into its approach? Or was it that it did not want to take on the govt. in this make or break matter,  decided to extricate itself from the rapidly escalating political mess, and  therefore adopted the meaning and interpretation which served this objective?

  Whatever the explanation, it makes for a very confusing, contradictory and questionable order, especially in the light of the less than transparent processes followed : sealed covers, reports in place of affidavits, examining defense officers without cross examination, etc. It also boggles the mind why the govt. was given a clean chit without going into substantive issues of pricing, choice of offset partner, reasons for cancelling the earlier deal with Dassault, failure to invite fresh tenders, etc. All these issues were summarily disposed of by either accepting the govt's word at face value or invoking Article 32 to deny the court jurisdiction in the matter. There are many factual errors in the order also, which have been pointed by many legal experts: confusing Mr. Mukesh Ambani's company with that of Anil Ambani's offset firm, terming gross violations of the DPP as "minor variations", stating that the withdrawal of the earlier RFP was initiated in March 2015 when there is no evidence to support this, but plenty to disprove it. In Arun Shourie's words " by giving the official assertions a verisimilitude of legitimacy" the judgment has curtailed the people's right to know what actually transpired in the shadows. Would it not have been more circumspect and legally correct to simply leave it for the CAG/Parliament and the PAC to examine the matter and take a view on it? Surely the court could not have been unaware of the huge political implications of the case, and the consequences of any perception that it was going soft on the government?

  And the expected fall-out has begun. Mr. Jaitley and the Raksha Mantri have lost no time in proclaiming that, now that the court has absolved the govt. of any culpability in the matter and that all is now hunky dory, there is no need for a JPC: a Parliamentary Committee can neither contradict the Supreme Court nor go beyond what the court has decided. In fact, they claim, even the CAG's report has now become redundant and superfluous! The court has unwittingly handed the govt. the perfect alibi to stall any further investigation. All democratic and transparent safeguards built into the system to act as a counter check to the executive in such matters have been demolished by this one judicial order. The court should have not taken up the matter at all, but once it decided to do so it should have gone to the root of the disputed issues and decided them cogently and transparently, or referred it to an SIT for further investigation, which is all that the petitioners wanted in the first place, without pronouncing on the merits of the case. It is a contradiction for it to claim that it has no jurisdiction under Article 32, but still accept only the govt's averments and declare that it finds nothing wrong.

  This does not bode well for the future: for if the court itself will not look into the matter for lack of jurisdiction, and the CAG or Parliament or the PAC cannot do so because the court finds no occasion to doubt the govt's assertions and accepts them at face value, then the govt. ( either the present one or a future one) has been given a blank cheque for all kinds of malfeasance. This surely could never have been the intention of the court. This order needs to be revisited. Immediately. 

" IT'S THE ECONOMY, STUPID ! "-- OR IS IT ?

 That famous phrase- " It's the Economy. stupid !"- was employed successfully by Bill Clinton's election team to win the 1992 election against George WH Bush. It's being used used again by our resident pundits to explain the BJP's trouncing in the elections concluded on the 11th. of this month. This serve- all explanation is self-contradictory and only part of the truth. Because, by all accounts and conventional parameters, the Indian economy is not doing badly at all: inflation is well under control, GDP growth is at 7.2%, NPAs have declined for the second straight quarter, manufacturing has picked up, the stock markets are still on the up, fuel prices are declining, higher rates of MSPs have been announced, the kharif production is higher than the previous year. The Plan B explanation is that it is the farmer who has done the BJP in, beset as he is with drought, rising input costs, a slump in prices, the weight of unpayable loans. There is some truth in this, but it is not the whole truth and it gives the BJP apologists an easy way out to explain its massive loss. Because it is not just the farmer who feels betrayed by the BJP, it is the entire cross section of society and occupations.

   Consider this: the BJP's vote share even in the urban areas of Chhattisgarh, Madhya Pradesh and Rajasthan has plummeted drastically: from 75% to 25%, 90% to 55% and 95% to 63% respectively in these three states: the agriculture crisis cannot account for this. Economists tend to hijack the results of every election by appropriating the economy as the sole determinant of voting patterns, This is a myopic view, especially in a country like ours whose sheer size and diversity defies simple nostrums. For the fact is that there are many other factors that predicated the BJP's loss, and all of them are related to the style of governance and the personalities of its top two honchos, the CEO and the COO.

  They say pride goes before a fall, and that is exactly what has happened to Messers Modi and Shah. They never even bothered to conceal their abject contempt for the entire Opposition, and constantly demonised and vilified Rahul Gandhi and his family, their hatred for them assuming pathological proportions which in the normal course would require expert psychiatric intervention. Their facile call for a " Congress mukt Bharat" betrayed their despotic tendencies. This has now backfired on the BJP in three significant ways: one, the constant spotlight on Rahul Gandhi has made him a larger than life figure, embedding him securely in the public gaze even though the Congress kept losing one election after another, getting him free TRPs and eyeballs which he had not really earned, just as it did for Mrs. Gandhi post 1977, enabling her victorious return in 1980. The constant badgering made a fighter out of an otherwise unassuming, laid back Rahul Gandhi; pushed into a corner, he had no option but to fight back. Mr. Modi commuted a part-time politician into a full time contender. And finally, of course, the Prime Minister forgot the Indian voter's latent compassion for the underdog, a trait of our Hindu religion which has no place in the BJP's version of Hindutva. Mr. Modi has paid the price for his egotism this last week.

   Second, the law of diminishing returns has set in on the BJP's Hindutva and minority bashing curriculum; the average citizen is beginning to tire of it and is now refusing to read from this toxic script. The BJP should have realised this from their earlier by-election losses in UP, Bihar and Rajasthan, but the invincible duo failed to see the light, blinded as they were by the glare from their self acquired halos. And so the likes of Adithyanath, Giriraj Singh and assorted foul mouthed spokespersons and bought- out TV anchors continued to spew their hate and execration, evoking a revulsion from populations which have lived peacefully with a dozen different religions for hundreds of years. People have now begun to realise that the venomous Hindutva of the BJP and RSS is a political doctrine, not a religious one, and that this party cannot be allowed to be the gate-keepers to the world's greatest religion. And that is why these seeds of hatred and division sowed by the likes of the UP Chief Minister on the campaign trail did not sprout.

  Third, Mr. Modi made the cardinal mistake which all closet dictators do- assuming that the voter/ citizen is a fool who is quite content to be led by the nose. He assumed that your average bharatwasi  knows little, and cares even less, about affairs of state and government. And so he and his handpicked team went about driving a coach-and-four through every institution of good governance: Parliament, Planning Commission, Election Commission, the CBI, the RBI, the Universities, autonomous academic and research organisations, even the higher judiciary at times. The Defense forces were politicised for electoral purposes. The police in BJP ruled states became an adjunct of the gau rakshaks, as typified by the manner in which the investigations into the murder of a police Inspector in Bulandshahar are proceeding. Kashmir is sought to be bludgeoned into submission, with not even the pretense of a dialogue with our own fellow citizens. Legislations like the National Register of Citizens and amendments to the Citizenship Act are being rammed through to create an India in the image of the BJP. The Damocles sword of the Ram Mandir is sharpened every few months to keep the communal cauldron boiling at all times. Farmers are lathi-charged, shot, evicted from the path of the Bullet trains; the tribals are being dispossessed from their forests and lands to make way for big-ticket projects so that the Prime Minister can obtain another international citation for Ease of Doing Business. For the plain truth is that this is a government without any compassion, it has an EVM where the heart should be, it is antithetical to the humane values of a country which has produced a Gandhi, a Vivekananda, a Buddha. It is a mutant and the people are now beginning to recognise this and to reject it.

  And so, while the colossal failure of the BJP's economic policy disasters have undoubtedly caused the citizens much pain, it would be foolish not to recognise the non-economic factors that are also in play. It is the latter in fact that is now making even the middle classes abandon the BJP. Universally, the middle class does not like instability or social stress, which appears to be the sole agenda of the BJP. Fault lines that had been slowly filling in in the last five decades- social, religious, regional- under the enlightened leadership of stalwarts who are now the object of Mr. Modi's derision are being re-excavated and widened. The country is increasingly uncomfortable with this balkanisation of a nation, the assertion of a false and exclusive identity, the anger and hatred that is being injected into its life blood. No political party is entitled to extract this price for petty electoral gains. THIS is the message of the recent elections: govern with a heart, not a 56 inch chest.

  

WHY ARE CLIMATE CHANGE AND THE ENVIRONMENT NOT ELECTION ISSUES?

   The election delirium is upon us again, and political parties are busy churning out 100 page manifestos, recycling the same trash they regurgitate every five years: reservations, subsidies, loan waivers, free power and so on. This time we also have the complimentary adds on- temples and statues, rising higher and higher in inverse proportion to the plummeting standards of public discourse. And as usual, nobody is even talking about the elephant in the room. already in "masth" mode: climate change and the environment. The manifestos are completely silent about them, and the nearest the candidates come to them are when they talk of building toilets ( to be subsequently used for storing fodder, naturally).

   Which is a pity and a mad made tragedy in itself, because we as a country are staring natural disaster in the face but continue to grin like idiots. We have the third worst ecological footprint on the planet, after the USA and China. The effects of climate change are already upon us- record temperatures, floods, droughts, extreme weather events, the old templates no longer relevant. It has been predicted that countries in South Asia will lose 30-40% of their agricultural output by 2050. The govt's own Economic Survey 2017 has estimated that the loss in agriculture production every year due to climate change is US$ 10 billion, or Rs. 70,000 crore at current exchange rates. According to the Lancet Countdown 2018 report on Health and Climate Change released last week India  lost 75000 million man hours of labour in 2017, equivalent to one year's work for 7% of the working population ( the figure was 40000 million in 2000). 80% of this was in the agriculture sector, and we still wonder why the farmers are protesting ? Pollution related deaths ( already at 0.50 million per annum for India) will rise exponentially, heat waves have killed 9000 people in the last three years, migration of environmental/ climate refugees will overwhelm our cities. 24% of our lands are already degraded and headed for desertification, all major rivers are heavily polluted, ground water levels are depleting alarmingly with 60% of the blocks classified as water stressed, we have lost 10.60 million hectares of original forests in the last 14 years, we have been eradicating other living life forms at a galloping rate- in just the last two years the list of endangered species has gone up from 190 to 443 ( IUCN figures)  Apocalypse is round the corner, and all our politicians can ask is who was Mr. Modi's father or whether a mosque is a place of worship?

   We as a nation have always had a dismal record of protecting our natural environment or of respecting the rights of other species to live, notwithstanding our ancient vedic philosophy. But the track record of the present BJP govt. at the centre is particularly appalling. In its pyrrhic and single minded quest for a top slot in the Ease of Doing Business ranking it is decimating the environment on a scale not seen before, and destroying the livelihoods of those most dependent on it: tribals and poor farmers. The Forest Policy and various enactments are being re-written to enable diversion of more forest land for industrial projects, a prime example being the Inland Waterway project on the Ganga which is being exempted from preparing either an EIA or an EMP, and for which the rare Turtle  (Kachua) Wildlife Sanctuary on the river near Varanasi is being denotified, the first time since 1972 that a Sanctuary is being denotified. EIA and EMPs are  being exempted for linear projects( highways and railway lines) and real estate developments upto 50000 sq. feet. The Coastal Regulation Zone Rules are being liberalised to permit big capital projects such as ports ( the Sagarmala project), impacting in particular huge swathes of mangrove forests that are a buffer to storm surges. River linking schemes are being pushed through without any thought given to their environmental impacts on the river basins, there are 31 such projects on the anvil. The disastrous 900 km. Char Dham highway linking Kedarnath, Gangotri, Yamunotri and Badrinath has been given the go ahead, even though it will involve the felling of more than 40000 trees and result in an unimaginably huge footprint in these highly fragile zones; the Kedarnath tragedy of 2013 has been forgotten. Protected Areas and Tiger Reserves are slowly being whittled away with the blessings of both the Forest Advisory Committee in the MOEF and the Wildlife Board, now reduced to compliant flag bearers and packed with bureaucrats instead of scientists and specialists. In just one PA, the Panna Tiger Reserve, more than 5000 hectares of prime tiger habitat is being diverted for the Ken-Betwa river inter linking project for which 1800000 trees will face the axe. An astonishing 519 "relaxations" have been given for projects in Protected Areas since 2014. The National Green Tribunal is being systematically weakened so that it can be brought to heel. NGOs who work for the environment are being harassed and their fund flows squeezed. More and more people are being displaced to join the 60 million already displaced since Independence.

   Mr. Modi's government appears to be mesmerized by big ticket projects and ventures, and will not let any concerns about the environment stand in its way. All warnings are dismissed as the rantings of "urban naxals" or interference by foreign entities who have no idea of India. But the danger and the threats are very real. Unfortunately, the victims of natural disasters and climate change will be the most vulnerable sections of society: farmers, tribals, fishermen, migrant labour and the tens of millions in urban slums. They do not have the wherewithal to protect themselves against the climatic and economic hardships that are inevitable as nature withdraws into its shell and strikes back.

   And here is what puzzles me no end: I can understand that the govt., in its hubris and arrogance, will do what it wants to do; what I cannot comprehend is why the opposition is silent on these issues too, why civil society ( which gets its danders up at even a whiff of a MeToo story) and the media don't articulate them to create more awareness during election times. Surely, someone should be telling the unsuspecting voter what awaits him in less than a generation ? Everyone wants the tribal vote, but no one tells them what will happen to them once the forests have gone, or the farmer once the aquifers dry up and the glaciers disappear, or the orchardists about the consequences of the bees and butterflies becoming extinct, or the slum dweller on how to cope when wet-bulb temperatures reach 35 degree celsius. No, we don't tell them because we have our air-conditioners and ROs and air purifiers, we buy our food from malls and Big Basket and don't give a damn whether it comes from a farm or a lab, we drink bottled mineral water anyway. We have a surfeit of politicians but not a single leader who can LEAD, rather than be led by the populist nose. For a time we deluded ourselves that we had finally discovered one in Mr. Modi but he has turned out be an ad. campaign with little substance. His renewable energy target ( for which he ironically got that UN award for the Solar Alliance) - 100 GW of solar energy by 2022- is floundering, and the best estimate is that it will not exceed 67 MW. The Ganga is dirtier today than it was five years ago, inspite of more than Rs. 4000 crores having been spent on it, which is not surprising, for a govt. which cannot clean 18 kms of the Yamuna in Delhi can hardly do any better for the 3000 km. of this once splendid lifeline. And so, while we may be the world's fifth largest economy we feature at the 177th spot out of 180 countries in the World Environment Performance Index. We were at 141 in 2016. How's that for a reality check while we line up to get our fingers inked at the nearest polling booth?