Saturday, December 27, 2025

Not Guilty, Yet Guilty

Celebration time Ankeet Chavan (right) is one of the three players to be cleared of all charges. Photo: AFP
Celebration time Ankeet Chavan (right) is one of the three players to be cleared of all charges. Photo: AFP

A bunch of individuals heaved a huge sigh of relief when the capital’s lower court said that Delhi Police had no case against 33 of the 42 people accused in the IPL  matchfixing scandal of 2013 (the other nine are foreign nationals and were not under trial in India). The three cricketers — S Sreesanth, Ankeet Anil Chavan and Ajit Chandila — were elated. Others who were happy included officials of the Board of Control for Cricket in India (BCCI) and N Srinivasan, head of the International Cricket Council, his cronies and loyalists.
For people like Gurunath Meiyappan, Srinivasan’s son-in-law, and Raj Kundra, the former part-owner of Rajasthan Royals, the judgment was godsent. The same was the case with Rajasthan Royals and Chennai Super Kings, the two teams in the Indian Premier League (IPL ) that were recently suspended for two years by the Supreme Court. Now, all those who were on the backfoot, facing a barrage of menacing bouncers, could claim again that IPL was always ‘squeaky clean’.
However, there is a huge caveat. Despite the sessions court order of 25 July 2015 by Justice Neena Bansal Krishna, the three cricketers, along with Srinivasan, Meiyappan, Kundra and the two IPL franchisees can still be deemed guilty for four reasons. This is why the BCCI upheld the ban on the three cricketers.
One, the country’s highest court, Supreme Court (SC), concluded that they had committed several wrongs. The stature of apex court-appointed committees, Justice Mudgal Committee and Lodha Committee, which indicted them, is higher than that of the sessions court.
Two, the accused mentioned above violated several rules related to corruption, illegal betting and matchfixing that were included in their contracts with the BCCIand IPL  governing council. Bringing ‘disrepute to the game of cricket’ allows the Board to morally and legally ‘fix’ the accused. This was the basic point raised by the sc, and Mudgal and Lodha Committees.
Three, the case in the lower court dealt with ‘criminal’ consequences, and not the civil ones. Even if a high court or the sc absolves the accused cricketers and bookies of any criminal intent in the future, it will not dilute the past SC orders against Srinivasan, Meiyappan, Kundra and the three cricketers.

~Also Read~

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Finally — and this is a crucial element that has escaped most critics and observers — Judge Krishna found several failures on the part of the three cricketers. She made a few disparaging remarks against the latter. However, her conclusion was that these misdemeanours did not conclusively prove that they were guilty under the relevant sections of the Indian Penal Code or Maharashtra Control of Organised Crime Act (MCOCA) that were invoked by Delhi Police.
HIGHER VS LOWER COURT
It is ironic that while the sc penalised cricketers, officials, teams and team owners, a lower court found that there wasn’t enough evidence against the cricketers. Even worse, the latter felt that there wasn’t a case against the betters and bookies who were arrested by the police. After all, it was the same evidence that Delhi Police presented to the SC- appointed Mudgal Committee (which had legal sanctity), and the sessions court. So, why did the two reach contradictory conclusions? How does one legally reconcile the inherent, deep differences between the two?
Legal experts feel that the legal standing of even a committee appointed by the SC is higher than that of the lower courts. Therefore, the weight of the conclusions reached by the Mudgal and Lodha Committees is heavier. It is akin to what the SC said several times about environmental courts before the formation of the National Green Tribunal in 2010: In several judgments, including the famous MC Mehta vs Union of India case in 1986, the apex court expressed a desire that such niche courts should possess civil and criminal jurisdiction.
Lawyers aver that although the two cases were related to match fixing in IPL , the issues before the SC-appointed committees and sessions court were quite different, involved a common cast of characters and dealt with almost the same evidence. The core concern of the Mudgal Committee was to find out if the cricketers, teams and owners breach the rules and regulations mentioned in their contracts with the BCCI  or IPL . Judge Krishna was more bothered about the criminality (or otherwise) of the actions of the cricketers and bookies under the specific sections of IPC and MCOCA.
In simplistic terms, the difference is comparable to that between civil and criminal cases. Justice Mudgal had to only prove that the intent was wrong; he was, in a way, bothered about the morality of the conduct of individuals. However, Judge Krishna dealt with criminalities, where the sentence could be stiff. Hence, for her, the evidence against the accused had to be water-tight. In legal parlance, the larger the crime and higher the possible sentence, the stronger has to be the evidence.
Delhi Police sought to press charges under mcoca, which is a stringent act, and prove that the bookies and cricketers were part of a larger crime syndicate headed by Dawood Ibrahim, India’s most-wanted man, and Chhota Shakeel, Dawood’s right-hand man. The police established a chart and chain-ofcommand; at the top was the Dawood-Shakeel ‘core syndicate’, followed by mega bookies, their conduits and associates, and the compromised players.
Judge Krishna wasn’t convinced about it. She said that ‘organised crime syndicate’ meant “a group of two or more persons acting either singly or collectively as a syndicate or gang indulging in activities of organised crime.” But the evidence showed that Indian authorities had filed five FIRs (first information reports) or chargesheeted Dawood and Shakeel on five occasions since 2003. Of these, four were against Shakeel and his gang members, but didn’t mention Dawood.
“All these (four) FIRs pertain to murder, extortion, (and) threat but in none of these firs it has been alleged that Chhota Shakeel was alleged to be involved in these offences as part of crime syndicate headed by Dawood. Rather, from the perusal of the firs and the chargesheets, what emerges is that Chhota Shakeel was the don and was running the independent crime syndicate along with other accused mentioned in those firs. In none of these cases, he has been shown as a part of crime syndicate with Dawood Ibrahim,” said Judge Krishna in her order.

‘They thought I was an easy target’ – S Sreesanth

Illustration: Dwijith CV
Illustration: Dwijith CV

Edited Excerpts from the interview
A tough phase of your life seems to be over. How do you look back on those dark days?
The last 26 months were very difficult for me both as a human being and a sportsperson. Now I am relieved to be free of all those corruption charges. Truth finally emerged the mightier. I thank my family, friends and fans for their overwhelming support and for standing by me during a most difficult time. I am happier because my friends and relatives stand vindicated from the shame that they have had to endure because of me. When I was booked in the ipl matchfixing case, these people bore the brunt of a lot of mockery and ridicule. Many of them living abroad texted and phoned me to say they are being constantly pestered by their friends because of the fate that had befallen me. Now they are the happiest souls thinking of me. I consider this the most successful stage in my life, even more than winning the World Cup. Everyone has to go through ups and downs, but the situation I faced was one of the worst. I thank god for finally making me free.
Did you expect a verdict in your favour? What was going through your mind when the judge read it out?
Nothing was going through my mind. It was blank. I was praying to god. Even minutes before the verdict was announced, I was seriously thinking of quitting the game — such was the trauma and pain I have had to endure. With two-and-a-half precious years gone, it was quite discouraging for me. I could not think positively. By god’s grace, everything went well and I am free. I think everything in my life happened at the right time and so did the judgment. I am thankful to the Indian judicial system.
Did you think you were being framed in the case?
I believe I was targeted in the case, I don’t know why. There were many teams and many players. Maybe it was because some of them thought I am an easy target. The main allegation against me was that as per an agreement with the matchfixers, I gave away 13 runs in an over and wore a towel as a signal to the fixers while bowling. Anyone who knows me is well aware of my superstitions. It was not the first time I wore a towel or wristband. I have done so many times. While I was playing for the Kochi Tuskers, I wore different wristbands. I was framed in this case. I do not want to go much deeper into the past.
Who do you think is behind the case?
I don’t know. Whoever it is, I am least concerned about them. I do not want to go after anybody.
How did you cope with life in Tihar Jail?
Those were the hardest days of my life. I was arrested and escorted to the jail like any other culprit. The police treated me like a terrorist. It was really a disgraceful situation. Being a proud Indian cricketer, I felt ashamed of the situation I was in. The mental trauma I underwent is beyond words, and I only stopped crying when I got bail on the 27th day. Even after that, I lived a life almost completely locked up in my room. Even amidst the adversities, the strong urge to play for Team India kept my hopes intact. I trained rigorously during this period and kept my body and mind fit. I cannot continue without mentioning my friends from the film fraternity, whose immense help and support helped me to fight all the odds.
After being booked, many stories surfaced regarding your female acquaintances. It was during this that you got married. What was your wife’s response?
Definitely she was my unflinching supporter. We knew each other since 2007, and all these years she has supported me. Her family too stood by me. It would have been easy for them to object to our relationship and shun me once I was booked and arrested. But they tried to understand us, and supported us. My marriage took place last September and my wife’s whole family flew from Jaipur to Kochi to take part in the marriage.
I can say quite confidently that our relationship is sincere and honest. We have become one after fighting many odds. It has resemblance to movies like 1942: A Love Story and Earth: 1947. I am highly indebted to her and her family for their support and care. When I went to hear the verdict on Saturday, I took a dress of my daughter with me. There is a belief in her family that if you carry the dress first worn by your girl child, that will bring positive things to your life. The belief proved right and my daughter has become my lucky mascot.

Here comes a new mobile app Ringr

 
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During a time when low bandwidth constraints are giving a harrowing time to those using the mobile calling apps like WhatsApp, Skype and Viber in the country, a bunch of youngsters from Kochi have indigenously developed a mobile app, Ringr. The app, according to the makers, offers high digital voice clarity while consuming minimum data even at low bandwidths. Ringr, developed by QuiqInfotech, is the first Voice over Internet Protocol (VoIP) application launched in India by a startup company that competes with apps made by foreign technology giants.
Ringr focuses on giving high quality audio despite the bandwidth shortages in India where 3G speeds promised are seldom available. Ashok Mani, CEO of QuiqInfotech says, “Call clarity is low in India and that’s one reason why the shift from telephone to VoIP is slow. We seek to have a paradigm shift in communications where regular phone calls are replaced with Ringr. Our strength lies in our own-patented Quiqz technology. It is a compression algorithm we developed that allows us to send data as very small packets thus bypassing the bandwidth issue that plagues all VoIP applications in India.”
According to Mr Mani within two months of its launch the Ringr has seen 10,000 downloads and now they have brought out a more tweaked version of the app rectifying all the downfalls. “We are not only competing with foreign VoIP applicants, but directly with regular telecom companies. The bandwidth constraints is an often problem faced by the customers like delay and lag in connecting the call and continuous call dropping alienate people from VoIP”, says him.
The application, which can be downloaded freely, aims to promote people interaction and communication. It has features like “remember” that remind you to call a person you have not called in a long time from your contact list, thus promoting personal relations. Further, it will have profile pages where people can share their “feelings”.
Mani along with team lead Bijesh B K guided the team in developing the app. Using the app, people can call to more than 18 countries include the US, UK, China and Brazil. The company has launched customer loyalty points to attract more customers. VoIP, even when said to be free, costs data. Thus, like paybacks from product purchases online, customers downloading and using the Ringr app will be getting customer loyalty points that can be redeemed online through the company’s partners like PayTm.
This will refund the cost of data through recharge packets, thus encouraging more customers to try the product. Trying high quality VoIP once is necessary to break the mental barrier that people have against shifting from telephone calls, which they believe to be more efficient. Though they have developed a foolproof app, the initial phase was not as smooth.
They have developed that app raising fund from the team members, and to the next level, Ringr aims to raise funds externally. They also hope to increase the users of the app to six lakhs within six months.
With the clarity that its data compression package promises, Ringr promises to be a revolution in the VoIP sector in India, creating technology shifts that will have a marked effect in how Indians communicate from now.

'English writing from the North Eastern parts of the country is on a progressive path'

Robin S Ngangom
Robin S Ngangom

Robin S Ngangom is a bi-lingual poet who writes in English and Manipuri. A lyric poet and translator of long standing, he is a significant presence in the literature of North Eastern India. Since the publication of his first volume of verse in 1988, he has proceeded to consolidate his literary reputation with a poetry collection in every subsequent decade. Adarsh Onnatt sits with Robin S Ngangom to talk on the recent developments of North Easte literature on the sidelines of the Third South Indian Writers’ Ensemble in Kerala.

Q – How you view the literary developments in North Eastern states?
A : English writing from the North Eastern parts of the country is on a progressive path. Natives have also developing the literature by using either the Roman script or Devanagari. If you take note of English writing from the region, it is difficult to talk about a tradition or movement but I can say with confident that there is some kind of a boom, perhaps, something happened in Latin America in the 1960’s and 70’s. There are many writers writing now. The mainstream publishers who usually ignored writing in English have started publishing these writers, both fiction and poetry. We are in for an exciting time.
Q – Even we say that the literature from Northern Eastern parts of the country is on a progressive path, the readers in the other parts of the country are left with little knowledge of this literature. Is it because of translation is inadequate?
A : That is one of the main reasons for that. There is no adequate translation of these literatures in making known the literature of North East to the readers of other parts of the country. There are some translations from regional languages from the North East are available now. For example, a friend of mine and I co-edited the first anthology of poems of North East recently. The anthology is called ‘Dancing Earth’ and is brought out by Penguin. Anyone who is curious about the North East literature can read that anthology and will get an idea about the kind of literature written in the North East.
Q : Many of the writers from North East are writing in English language, but they seldom get a mainstream notice or recognition?
A : I think that is something that the mainstream publishers and readers from the rest of the country can answer. There could be a number of reasons. Alienation is a fact. I think there is certain lack of interest or curiosity and because of differences of culture. Most the state or people of the of North East have not had any legacy attached to the freedom movement, which is crucial when comes to shaping of India. Apart from few groups from Assam and Manipur, the rest of the part had not played any pivotal role in the freedom movement of the country. Moreover, there is a sense of alienation is strong among the rest of the people that you are different and you are from the other part of the country. The incidents of North Eastern people are subjected to racist attack various parts of the country including in Delhi can be seen according to this.
We have differences in caste, culture and language. These elements go into the making of India. We have to accept that. We have to include everyone. There is this kind of a misconception noticed that we do not like to be called Indians. That is not true. I may be not be a proud Indian but am an Indian. There may be several reasons like politics, corruption and fundamentalism that pull you back from being a ‘proud Indian’, but we are Indians.
Q : What interested in you in literature, especially poetry?
A : During my growing years, I have been a subjective, private person. I have been painfully shy. I escape into the world of imagination. I used to read a lot romances, Mahabharata, Arabian nights, Bengali literature in translation and English romantic poems. I grew up in that kind of imaginary world. I have the experiences of both the world-city and rural alike. When I did not want to be part of the either world, I would go and lock in my room to read. That really drew me to the world of literature. I have started writing poetry at the age of eleven.
Q : Why it is said that you are one of difficult poets to translate in Manipur?
It is may be because of some of the political aspects of my poetry. I have been living rather safe in Shillong; if some of the stuffs I have written in English (His poems are written in English originally and then is translated into Manipur) are translated into Manipur I invite trouble.
Q : Why is so much violence in your poetry?
A : That is not true. I write every kind of poems and I would say it would be unfair to tag a poet with a particular genre. Poets change according to his subjective environment. The violent aspect that you see in my poetry comes as an immediate response to the political reality I see in my society. I become sometimes angry at the mindless violence happening around and I write in response to that. I am not trying to be righteous through my poetry. I do not want to preach people too. I believe in Karma and I want people to remind about their karma through my poetry.
Q : The rising intolerance against the writers is of a serious concern these days. How you respond to the recent right wing political attempts on writers in the country?
A : I think by the token of his writing, a writer is a natural dissident. He can never be a conformist. He always is a non-conformist-just writing by himself, writing about his dreams and his wishes. He automatically becomes a non-conformist. As I said earlier, I am responding to the immediate realities in my society. If it is terrorism, I respond to it on my own way through my poetry. But for the moment my concern is not about the religious fundamentalism or terrorism. I am concerned more about the ‘Ecological Suicide’.
We continue living as if it is as something of not real but it is real! Out of 20 most polluted cities in the world, Delhi is on the top position. Can we ignore that? Terrorism and corruption will continue. In fact, we are talking it about too much that people have become ‘banal’ to it. But for me the immediate concern would be like that the fate of the earth, which we are least bothered. I believe that corporatization is posing a huge threat to our environment. They are the most powerful people these days. They are the one who wants every piece of land turned to be a Special Economic Zone. Corporatization is a threat to the world. They will be happier if there are no farmers left on earth.
Q : Does any factor limit your creative freedom these days?
A : I do not need to be judgmental. As I said, I will talk about things that are of immediate concern to me. If virtual reality is the reality now, I will talk about it in my poetry. I feel that, perhaps, the duty or function of the poetry is to reflect or to mirror the body or the mind of the times. Nothing more! Poetry cannot make you a better person. A poet cannot be a PRO. He has to tell the truth he knows, that is all.
Q: What is the fate of Manipuri poetry?
A : The regional Manipuri writing is doing quite well with 15-20 books are being published every year. It is a kind of churning with the hope that ‘the great poem will come’. If you ask me about the quality, it is being at low. However, as the writing continues, I am hopeful with the progression Manipuri poetry and fiction makes. We have very fine poets in the language.
Q : Is it there a promising younger generation coming up?
A : I have been living away from Manipur for quite a while and I have not had the opportunity to read many of the younger poets. However, whatever little I have read, I am little disappointed with the younger generation in terms of quality and content. The older poets who would be in their mid 60’s and 70’s are much better. There are few poets, and I found the poems of Thangjam Ibopishak and Ibomcha are wonderful. When the reality becomes too much to bear and oppressive they resort to surrealism. A poet friend in Manipur has told me that they have been honing ‘the poetry of survival’ with guns pressed to both temples: the gun of revolution, which I would call it the gun of terrorism and the gun of state.
Ibopishak’s ‘I Want to be killed by an Indian Bullet’ is a perfect example for the use of surrealism. The terrorists visit his home in the guise of ‘Panchabhootha’- five elements-Earth, Water, Fire, Air and Space. He says that they are the avatar (incarnation) of power. They can take away the life and create life. The poem is very deep.
Many new poets seem to be preoccupied with insistent realities such as ethnic violence, corruption, terrorism, oppression and drug addiction. As a result, experimentation seems have slowed down a little.

The Curse of IPL

Cleansing process Supreme Court appointed a panel involving retired Chief Justice of India RM Lodha (center), Ashok Bhan (left) and RV Raveendran (right) to look into the IPL 2013 scandal. Photo: AFP
Cleansing process Supreme Court appointed a panel involving retired Chief Justice of India RM Lodha (center), Ashok Bhan (left) and RV Raveendran (right) to look into the IPL 2013 scandal. Photo: AFP

On the eve of the second players’ auction in early 2009, Lalit Modi, the then commissioner of the Indian Premier League (IPL) who was later disgraced and sacked, proclaimed that the league was “recession proof”. He reiterated it in 2010, weeks before he was unceremoniously removed by the Board of Control for Cricket in India (BCCI). Even as the world was quaked by the financial crisis of 2008, IPL spent more money, and the Board and TV broadcaster earned higher profits.

It seemed like a hunky dory ride. Until the house of cards came crashing down several times — first in 2010 with Modi’s scandals, match-fixing scandals in 2012 and 2013, restrictions on N Srinivasan, the former BCCI president, to contest the Board’s elections in 2015 and, finally, the suspension of two IPL teams — Chennai Super Kings (CSK) and Rajasthan Royals — for two years. This may be the beginning of the end of the grandiose league that was once valued at over $4 billion. This is definitely the end of IPL and, possibly, BCCI, as we have known them for the past few years.

The maverick, yet allegedly corrupt, Modi thought he had married several economic theories — from capitalism to socialism, rational behaviour to game theory — to devise a brilliant cricketcum- business model. He was confident that his explosive mix of cricket, commercialisation and entertainment would prove to be a win-win for all the stakeholders — players, teams, franchise owners, broadcaster, sponsors, advertisers, fans and, of course, BCCI and its affiliate associations.

However, Modi and subsequent BCCI administrators failed to see the inherent flaws in the IPL model. They forgot to account for new economic theories based on behaviour sciences and psychology that pinpoint the role that greed plays in the decision taken by various economic agents. They didn’t understand that rational individuals and firms can act irrational and naturally acquire a herd mentality. In the end, IPL was always a combustible mixture waiting for a spark.

Socialistic capitalism

IPL’s business architecture had several interesting facets. First was the purely market-driven capitalist mindset that forced the potential team owners to furiously compete to bag the various franchisees and buy global players. Several open auctions were held to openly bid for players, which was telecast live so that the viewers got the feel of the intensity, aggression and competitive spirit of these auctions. City franchisees were sold twice through tenders that were opened only in front of the bidders. Everything seemed open, transparent and corruption-free.

Modi added a few socialist features to the model to woo potential bidders and global players to participate in the tenders and auctions. One, the team owners were told that they could pay the amount they bid for the franchisees in ten equal annual instalments. Thus, an owner who bid $100 million had to pay a mere $10 million each year for the next ten years. Two, the teams would equally share a sizeable proportion of the money which the BCCI got from the broadcaster and league’s sponsors.

All the teams were assured of annual prize monies, whatever may be their ranking in the league. Thus, the teams were assured of fixed earnings each year, which could be as high as $15 million or more than the $11.19 million that the most expensive franchise, Mumbai Indians, had to pay each year to buy the team. Initially, IPL had eight city teams; together they could earn $120 million a year as their share of the BCCI booty, compared to their combined outgo of $72.3 million on buying the franchisees.

The teams could also get local sponsorship — on players’ shirts and in-stadia advertisements for home games – and pocket this money, along with the revenues from sale of tickets for home games. There was a cap on what the owners could spend in the players’ auction and pay to the local players. If the teams managed their finances well, they could break even or earn a profit in the first year. Two teams, Rajasthan Royals and Kolkata Knight Riders, were profitable in the first season (2008).

A similar capitalist-socialist model was designed for the state associations and players. Players who would be auctioned had two choices: they could either refuse to participate in the auction and accept a fixed payment from the BCCI to play in the IPL, or they could leave their remuneration to the market forces. However, BCCI put a cap on foreign players and insisted that the owners had to recruit a fixed number of local players, who had to be paid specified salaries. In a jiffy, several unknown and young players made huge sums, which changed theirs and their families’ lives.

The Politics of Welfare

Photo: Vijay Pandey
Photo: Vijay Pandey

It is a fight that has raged on for a decade. It is a battle to ensure that poor children and deprived pregnant and lactating women get a nutritious diet. It is a war to rightfully implement the grandiose central scheme, Integrated Child Development Services (ICDS). It is a cause, in which the civil society and Supreme Court (SC) had to intervene regularly to prevent the central and state regimes from side-stepping, bypassing and over-ruling the rules that were set by the apex court.

Although the original intentions of the policy makers were honest — they wanted poor children and mothers to eat well —ICDS was derailed because of obvious reasons like corruption, inefficiency and non-governance. In most states, it became a case of policy- and implementation-capture; powerful interest groups appropriated the scheme, and took it away from the locals. Politicians, bureaucrats and private contractors shared the central booty amongst themselves.

The core issue is that at the end of the day local communities at the village level should manage their own destinies. They need to decide how to run the welfare schemes, including the icds, so that the schemes remain corruption-free and benefit the poor. It is the involvement of locals that can keep out the politico-corporate vested interests that have hijacked most of the welfare plans. This should be a priority area for Narendra Modi if he is serious about ‘maximum governance’.

In a letter dated 25 May, 2015 to the Maharashtra government, NC Saxena, commissioner, and Harsh Mander, special commissioner, both of whom were appointed by the sc to monitor icds, wrote that the idea was to create a decentralised model. “Such a model not only allows for greater monitoring by the community but also provides employment/livelihood opportunities for a large number of poor women and encourages demand for local produce,” they said. They added that implementation of such schemes “through centralised mechanisms… are manipulated in favour of commercial interests.”

This is why the sc set the ground rules for the supply of food in local Anganwadis, or village-level groups started in 1975 as part of icds. Way back in October 2014, it ruled that private contractors or big companies “shall not be used for supply of nutrition in Anganwadis and preferably ICDs funds shall be spent by making use of Village Communities (VCS), Self-help Groups (SHGs) and Mahila Man dals (MMS) for buying grains and preparation of the meals”. This was reiterated twice in two subsequent orders.

Ujjwal Uke, principal secretary, Maharashtra, got it right. In a letter he wrote on 29 December, 2014, he stated, “Our understanding of the 2004 (SC) order is that the supply of nutrition in Anganwadis should be made by small units which are local in nature. Decentralisation is the essential part of the spirit of the order.” The Centre has endorsed this. In November 2013, it asked the states “to involve more and more SHGs/VCS/MMS and reduce the involvement and share of the bigger suppliers”.

BACKDOOR ENTRY TO CONTRACTORS

Unfortunately, the Centre and several state governments have time and again sought ways to allow private contractors and big companies to enter icds through the backdoor. Only a few states – Odisha, Kerala and Chhattisgarh – created mechanisms where the food is supplied largely through local SHGs. Existing rules were twisted, new ones introduced, and both the letter and spirit of the SC orders were violated to subserve the politico-bureaucratic- contractor nexus.

For example, the Central Ministry of Women and Child Development, which is responsible for the nutrition part of ICDS, came out with a circular in September 2014. Although its ostensible purpose was to insist on the quality standards of the food supplied in Anganwadis, it stated: “State Governments/UTS (union territories) should get the nutritious food prepared/ manufactured only by competent and capable groups or entities who comply with the stipulations… irrespective of whether they are SHG, Mahila Mandal, Village Community, or a manufacturer… ”

In their letter, Saxena and Mander pointed out that the inclusion of “manufacturer” went against the previous sc orders. They maintained: “In the absence of a clear instruction by the sc to allow such manufacturers, the SC order… dated 7th of October, 2004, does not lose its validity and employment of such manufacturers stands in clear violation of the (2004) SC order.” They added that the Centre had “erred” in its interpretation of the other sc orders in 2009 and 2011.

WRONG INTERPRETATIONS

On 24 February, 2009, the Ministry of Women and Child Development issued the “Revised Nutritional and Feeding Norms for Supplementary Nutrition in icds”. The aims of these rules, among others, were to ensure that the quality of the food was good, food safety norms were followed by the suppliers and nutrient composition was adhered to. In April 2009, the apex court endorsed these guidelines. It directed the states to implement them, and also arrange for the requisite funds.

In 2009, critics said that the Centre had insidiously introduced the concept of “micro-nutrient fortified foods”. The office of the commissioner appointed by the sc wrote in a letter (April 24, 2009) that the ministry “is seeking to allow a backdoor entry of contractors and middlemen back into the… programme by suggesting” this idea. They said that fortified foods in the guise of “take-home rations” and “a morning snack” could be supplied only by private contractors “although this is not specifically stated”.

The commissioner’s office noted that several state governments had earlier tried to allow contractors to gain re-entry into ICDS. A few states had urged the sc to allow the inclusion of fortified foods, snacks and other ready-to-eat foods in the icds scheme. However, the apex court rejected such pleas. The commissioner’s office agreed that the Centre passed several administrative orders “to ensure compliance with the orders of the Hon’ble Court”. But it concluded that the fact that “such large-scale irregularities still persist point perhaps, for the need of the Commissioner’s Office to revisit the issue and seek fresh direction from the Hon’ble Court, as you deem appropriate”.

Two years later, in 2011, the apex court made further observations in the Shagun Mahila Udyogik Sahakari Sanstha Maryadit versus State of Maharashtra judgment. It said that “the supplier is required to provide fine mix of all kinds of ingredients including the revised intake of proteins and calories to the precise level”. This added to the quality and nutrient composition details that the central ministry had emphasised in its February 2009 guidelines on nutritional norms.

The SC endorsement of the 2009 guidelines and its observations in the Shagun Mahila case emboldened the Centre to think that private manufacturers and contractors could again be involved in ICDS. In May 2012, the central ministry clarified that “bonafide manufacturer, who fulfils the norms and standard laid down in the (February 2009) policy… and direction issued by the Hon’ble Supreme Court (2011 order) can also be considered for the supply of micronutrient fortified foods”.

Where free Speech is Constantly Stifled

Raw deal Journalists are treated like slaves by many firms in the state. photo: kuwj.org
Raw deal Journalists are treated like slaves by many firms in the state. Photo: kuwj.org

Kerala is one of the states in the country that has huge number of television channels and newspapers. According to the Information and Public Relations Department website, the state has around 35 television channels, which include 7 news channels. Apart from this, there are 1483 newspapers and many online news portals.
With so many options in print and electronic media, the number of people taking up job in the media industry has also gone up. But the sad reality is community that relentlessly expose the ill deeds of the society has been continuously ‘rewarded’ with pink slips.
The journalistic community continues to grapple with multitudes of problems, ranging from unjust working hours, under payment and harassment from management and these hardly find a space in the public domain.
The most recent incident that brought journalistic worry to the forefront was the dismissal of a senior journalist, C Narayanan of Mathrubhumi, one of the leading Malayalam dailies in the state. The daily, which has a turnover of 500 crore annually and circulation of up to 15 lakh, has been in the news for various infamous episodes against journalists. The management of the daily had taken a punitive stand against their journalists for waging a protest, demanding the implementation of Majithia Wage Board recommendations three years ago. Though, the protest was held under the banner of Kerala Union of Working Journalists (kuwj) the union leaders of Mathrubhumi paid a huge penalty. Interestingly, the protest happened in front of the head quarters of three leading Malayalam dailies — Mathrubhumi, Malayala Manorama and Kerala Kaumudi.
Over forty journalists of the organisation were transferred to different parts of the country. Many senior journalists were shifted to northeastern parts and other regions of the country where the daily has no presence. They protested but to no avail.
The management even took steps to silence those who protested against the decision. Some journalists resigned from their job and the rest, in a helpless scenario, took train to the remotest parts of the country.
K Sreejith, who resigned from Mathrubhumi over the issue, said that the organisation that was once in the forefront of freedom struggle has been continuously tormenting their employees with undemocratic ways. Rampant corporatisation and feudalistic attitude have made the working atmosphere little conducive for the employees. “Journalists are treated as mere ‘slaves’ inside the organisation,” said Sreejith.
Sreejith is the first among the string of journalists from Mathrubhumi to criticise the management. As a protest, he even contested the last Lok Sabha election against Mathrubhumi managing director and Socialist Janata (Democratic) Party leader M P Veerendra Kumar in Palakkad.

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“I fought against him in the election only to make our problems known to the outer world. I am thankful that my presence has played a small role in the defeat of Veerendra Kumar by a huge margin in Palakkad,” said Sreejith.
The dismissal of Narayanan, a senior sub-editor, elicited huge responses in social media platforms. The allegation against Narayanan was that he had misbehaved with the management. He was dismissed from the service after being suspended for six months.
Narayanan, who is living in utter penury after job loss, said that he was victimised by the management for leading the protest demanding the implementation of Majithia Wage Board recommendations. However, Narayanan is firm that he will take the issue to the court.
However, while speaking to a director (M V Shreyams Kumar, who refused to reveal his name) of the Mathrubhumi daily, he rubbished the allegation and said that it was purposefully cooked up to tarnish the image of the organisation. He added that the said employee was dismissed after an internal inquiry proved that he misbehaved with people in the organisation. He also denied the allegation that Mathrubhumi is taking any revenge by transferring the employees. “Decisions like transfers are made for the smooth functioning of the organisation,” said the director.
Former Press Council of India member Dr Sebastian Paul tells Tehelka that the journalists in the state are very insecure and deeply concerned about the future: “Many of the organisations are yet to implement the wage board recommendation and there is no scope for another protest. Those who protested were transferred to the remotest regions of the country?”

Couple held for forcing minor daughter to flesh trade in Kerala

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Awful news has recently been coming out of Malappuram district of Kerala, these days. The district has been in the top of the crime ladder for high number of child abuse cases reported in the state. More than 747 child abuse cases have been reported in less than three years in the district and the same amount of cases are awaiting trial in the district court. The arrest of 13 people, including the father and mother of a 13-year old girl from Kottakkal village recently, for flesh trade, has shocked the public conscience of the state. Moreover, the alarming increase in the number of unnatural sexual abuse on children is proving to be worrisome for Childline, as well as the social workers of the district.

The Malappuram Police had arrested 13 people including the mother (43) and stepfather (50) of the girl based on the revelation the girl had made to the Child Line volunteers. Police have also further revealed that two more people identified in the case are absconding and have escaped abroad. Police have charged the parents under sections 5 and 6 of the Protection of Children from Sexual Offences Act (POCSO) Act, Section 376 and 354 of IPC and Section 23 of the Juvenile Justice Act.

The girl had given the statement to the Child Protection Officer that 40 men molested her in less than two years. Medical Examination too proved that she was sexually abused. The girl also revealed that her mother took the photographs of her to the customers and fixed the deal. Her stepfather too took her to several places and used her. They took amounts from Rs 3000 to Rs 5000 according to the number of customers. The act has been taking place for the past two years and the family shifted their base every six months to new places and locations to lure new customers and to evade the public eye and the authorities. The racket was busted when the family was hastily preparing to relocate another place in the district.

Soon after the revelations, the Child Line volunteers, to their shock, had found that her 18 year stepbrother, who is a notorious history-sheeter, has also been abusing the girl and his 11-year old sister. A younger boy of the family revealed that, he was also subjected to the sexual perversion of his brother many times. Based on this, the children were taken to the safe custody of the Child Welfare Committee. Police have also taken the stepbrother into custody.

Tirur Police said that the woman has been into prostitution for a while, and is living with the man, who facilitated customers to her, for the last two years. Though the woman claimed that they were married 15 years ago, they failed to produce a marriage certificate. Police added that the woman has seven children in various marriages and except for an elder 24-year-old daughter, the remaining six were lived with her.

“The girl was introduced to sex trade through her mother. We have prepared the list of accused based on the testimonies by the parents and the victim girl. We have already arrested 13 of them and still, two are absconding”, said M Muhammed Haneefa, Inspector of Police.

The ordeal of the girl became known when one of the customers informed a local social worker after he found the sordid plight of the girl. Mumtaz, the social worker, based on the tip, visited the house where the girls were kept. She, after the visit, informed the Childline workers that the girl had been forced into flesh trade and the parents were not letting her to go school. The school authorities too confirmed to her that she and her sister were irregular to school. However, they failed to take note of this and did not inquire about their regular absence. “If the authorities have taken note of this, we would have rescued the girls much earlier”, said Mumtaz.

Sameer Machingal, Child Protection Officer, said to Tehelka, that the girl is still not aware of the intensity of the offense her mother, father and score others have done to her. “Since she was born and brought up in a most sordid atmosphere, she still doesn’t see anything unusual in the incident. She responds to our questions rather naively,” said Sameer. He added that the officers and social workers were shocked to find that the girl has not reached her periods yet.

Mumtaz, who has been into social work for the last 20 years, said to Tehelka, that, the changed attitude of the society and the large influx of migrant labourers to the place, are the main reasons behind the rise of sexual abuses in the district. “There are many cases reported in the past and many often get unreported. People of the place are not responding to these kinds of activities taking place in their neighborhoods. In majority of these cases, the accused are the one who are supposed to protect the child. The incidents of abusive parenting are on the rise and we have information regarding these types of ‘brothels’ ran by parents in parts of Puthuparampu and Kulathurparampu localities in the district. A collective effort needed in spreading awareness among the less educated parents to fight against the menace and the society should be made more responsive to these crimes. Otherwise, it would be difficult to curb this,” said Mumtaz .

She  further adds that a group of social workers from the district is planning to conduct a survey and awareness campaign in the coming days, with the help of the District Administration. The District Police meanwhile had convened a meeting and a special cell has been formed to monitor the case.

Valmeeki, a springboard for upcoming English and Malayalam writers

 
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It was while on a train journey that Engineer turned Journalist, Kuruvila Chacko, came hitting upon the idea of starting a digital publishing startup to help first time writers. During his short stint as a reporter in an English daily, Kuruvila had the chance to meet several of the talented young writers who are being mercilessly spurned by their publishers. Many of these youngsters who are covered with ant hills of rejection, neglect, reluctance or lack of means, quit writing after their dream of getting published fails relentlessly.
Thought the idea was born in his mind two and a half years ago, Kuruvila too, found it hard to materialize it initially. It is after meeting with three IT students -Vishnu Unnithan, Vishnu G P and Suhair Zain –  from the Cochin University of Science and Technology (CUSAT), while attending a field project organized by an NGO working for the welfare of children, in Kochi, that the idea of ‘Valmeeki’ (www.valmeeki.com) took its wings.
Stories, poems, novellas, movie scripts, graphic novels, student’s theses, anything can be published online in a digital book format, free of cost, within hours. Valmeeki also offers a royalty of 50-60% for the books sold online. At the outset, their focus is on Malayalam and English eBooks, especially the jovial and raw writings of the rural folks.
“The writers from the rural towns of the state find it difficult to pitch their books before a publisher. Moreover, these folks lack the expertise or sophistication to market their books to the public. With ‘Valmeeki’, we aim to reinvent the parallel world of publishing” says Kuruvila Chacko, who heads the team at Valmeeki.com.
Writers can upload their works in MS Word or PageMaker for text and in jpeg for illustration content, and those who lack typing skills can send in their manuscripts as well. Valmeeki vouches for the book to be ready for sale online, after the necessary editing, in just 72 hours.
The e-books published can be bought by the readers world over through internet banking or the balance amount available on their mobile phones, says  Kuruvilla. Writers can track the progress of the sales of their uploaded books through unique author dashboards. Valmeeki solely encourages books with 20-70 pages. The pages are restricted, as large volumes will not be popular with mobile phone readers. In the case of large books, Valmeeki offers to publish it in installments. All files will be converted to Valmeeki’s patent-pending reader format which compresses the books to as low as 50-100kb (enabling easy download and e-reading), before being published.
When traditional publishing takes months to bring out a book, Valmeeki promises to do it instantly. The published books are made available online as well as on smart phone/tablet-based applications, from where readers can download, read and save the purchased e-books. The payment can be made online through Fortumo, a secured payment gateway or mobile balance transfers.
Presently, 44 books are available on the Valmeeki site, including that of Toms, the renowned cartoonist. ‘Swargam Naanikkumbol’ and ‘Ente Thoolika Chalikkumbol’, two of his books are now on sale on Valmeeki – being the first writing attempts of the famed cartoonist. Philip Chakkalamattam’s ‘Kodum Vanathile Apoorva Kazhchakal’ is another book in two volumes that is on sale that narrates his travel experience to Agasthyakoodam on a Java bike, around 30 years ago. There are scores of other books available on their sites which can be purchased by spending Rs 5 to Rs 20.
Valmeeki was redeemed from the ant hills of the initial tribulations by the ‘My Enterprise’ project of KITCO, the premier Engineering, Management & Project consultancy firm, based in Kerala. Valmeeki is one of the first projects being realized through the ‘My Enterprise’ project, by KITCO, for the start-ups, said Mr. Cyriac Davies, Managing Director, KITCO. “Eight projects similar to this are being hatched in the incubator of KITCO. One by one, they will come out of the shell soon. Our aim is to hold the hands of the new entrepreneurs and initiate them into the market. An entrepreneurship culture has to be nurtured. Small industrial projects like this are welcome to the Technology Business Incubator at KITCO,” he added.
The project gained shape under the mentorship of   K.C. Chandrasekharan Nair, Assistant Principal Consultant and  Sajith Kumar E. V., Project Manager, KITCO. KITCO holds a minor stake of 10% in the project. Yakub Purayil, a businessman from Kozhikode, has made 25% investment and the four youth together have a stake of 65%. KITCO aims to support 50 such projects per year, said  K.C. Chandrasekharan Nair. “KITCO will give the necessary technological, financial and marketing support for such innovative projects,” he said.
Valmeeki.com which targets to publish 500 books in 45 days and 1500 books within the next 9 months presently provides services in Malayalam and English languages. Very soon they are to start digital publishing in Tamil and Hindi as well.
 

Malayalam cinema hit hard by piracy

 
 
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Unassuming these days are for Malayalam cinema. The movie industry which is already reeling under severe financial loss has shown symptoms of recovery with the huge hit of ‘Premam’, a romantic film, recently. The theatres were packed and huge lines of spectators were seen once again in the theatres across the state. A rare spectacle these days in the industry. With tickets going unavailable, and the movie houses turning houseful, incidents of large-scale violence were reported from across the state. With the frenzy around the movie intensified, the Kerala Police had even initiated a special mission to stop the school kids from bunking their classes to watch the movie.
With the movie putting up a good show in the state, the pirated version of it circulating online and in the domestic markets have given a dent in the revenue. It is estimated that the producer had lost to around Rs 10 crore in two weeks due to this. Moreover, the decision of Anwar Rasheed, producer of the film, to quit the film associations brought forth once against the serious topic of piracy in the state. Rasheed’s decision had come after he received a lukewarm response from several of these associations and from the authorities over the piracy issue concerning ‘Premam’.
Rasheed was one of top directors of Malayalam cinema. His films like ‘Rajamanikyam’, ‘Annan Thampi’ and ‘Ustad Hotel’. He had recently turned to production with the movie ‘Bangalore Days‘, and ‘Premam‘ is his second home production.
Soon after the censor-marked version of the movie was leaked online, Mr Rasheed had approached various film associations like Film Employees Federation of Kerala (FEFKA), Kerala Film Producers Association and Film Exhibitors Association with the complaint to take necessary action against this. According to him, none of them had initiated any step to deal the issue seriously.
He in an interview given to a Malayalam online portal said that there is no point in continuing with the associations that are not helping the producers and directors of the industry. He also revealed that that he would direct and produce films without the membership of the organizations.
 
Meanwhile, B Unnikrishnan, General Secretary of FEFKA, said that the response from Mr Rasheed is an emotionally charged one and it is not true that the association had not done anything in the issue. “I called up Anwar soon after the pirated copy of the movie came online. I have asked him of any help needed and called up DGP Senkumar in person to discuss the topic. Even, I visited Home Minister on the same day and he called up Anwar and assured him of necessary actions”, wrote Unnikrishnan in his Facebook.
G Sureskumar, President, Producer’s Association, said that they too had intervened in the issue and done the needful to initiate actions from the part of the authority. He also said that his association would stand with him to deal the problem. Kumar also said that he is not aware of the resignation of Mr Anwar as he is yet to receive one from the producer.
Meanwhile, the Anti-Piracy cell arrested eight CD shop owners from Malappuram and seized a large cache of pirated movie CDs from them. Rajpal Meena, Superintendent, Anti-Piracy Cell said that ten persons, suspected to be behind the uploading of the movie on the internet were under surveillance and police have spotted many others who is believed to have involved in the spreading of the movie. More arrests would be made in the coming days, he said.
For the last a decade, the Malayalam industry has been under the threat of piracy mafia. With the efforts are being made from the part of the police to put a stop to it, newer methods are devised by the pirates to leak out the movies. The recent incident of the movie being leaked out from one of the studios where the movie was done its post-production works has thrown serious doubts on to the people working in the industry. The honesty and integrity of the technicians working in the industry come under severe fire with the incident.
 

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