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US Political Jugglery:STEMMING INDIA’S ECONOMIC GROWTH, by Shivaji Sarkar,24 July 2009 |
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Economic Highlights
New Delhi, 24 July 2009
US Political Jugglery
STEMMING INDIA’S
ECONOMIC GROWTH
By Shivaji Sarkar
Former President APJ Abdul Kalam frisked by the security of a
US
airline, Continental. India signs the US’ End-Use Monitoring Agreement
(EUM). The US tries to force
India
to accept legally binding emission reducing targets. Clearly, issues that
should bother the nation. Add another: maneuverings to force provisions of the
Nuclear Non-Proliferation Treaty (NPT) on the Government, among other compelling
situations afflicting the country.
The incidents look unconnected as these happened at different
places and time. But that may not be the case. The impact is more economic than
political. The events at the G8 meeting in Italy
and the NAM meet in Egypt would
have deep bearings. Then again, during her visit to Delhi,
the US Secretary of State
Hillary Clinton said India
should emerge as the super power, but all these incidents point to contrary
positions.
An immediate fallout of these events is seen in the foreign
institutional investors (FII) pull out of $ 1.06 billion – Rs 5240 crore --
since the presentation of the Union Budget. Whether accidental or deliberate it
speaks of the low priority the country is accorded internationally. This apart,
it is aimed at weakening the rupee.
Indeed, it smacks of either a poor diplomatic understanding
of each nuance or an extreme callous attitude of the Ministry of External
Affairs. Else, before signing the joint statement with Pakistan Prime Minister Yusuf
Gilani one would have been cautious and created a diplomatic row over the word Baluchistan, which has no relevance to an Indo-Pakistan
dialogue. This exposes the weakness of the country. Else no airline, foreign or
domestic, would have dared to heap insult on a former President, a symbol of
the nation’s pride, prestige and power.
The EUM is often a clause attached to many deals for all
dual-use and high-technology purchases from the US since 1984. These are case
specific. What has now been done is grave and extends to virtual inspection by
US inspectors and technically would require that India
allows access to its sensitive military equipment not only to the US but all
foreign suppliers.
Does this have any economic implications? The officials
would conveniently prefer to ignore it or shrug it off by saying that this is a
small concession, if at all, for high-tech equipment. Not really, if we pay
heed to what Defence Minister AK Antony says. Just the other day he expressed
concern over the fact that 70 per cent of country’s defence equipment is
acquired from foreign sources and that indigenisation efforts have suffered a
major setback.
Then again, the senior-most leader and Finance Minister
Pranab Mukherjee, who Hillary is supposed to have fixed a meeting with is left
out of a luncheon meeting hosted by the Prime Minister for the visiting
dignitary. Instead, junior ministers and Congress General Secretary Rahul
Gandhi are present. This is the crux. What Clinton
says for public consumption about India’s super power status and what
happens on the ground are two different things. The refusal to meet the country’s
finance minster should better be seen as a US snub for “the largest growing
economy”.
Even Clinton’s Mumbai
statement tries to equate India
with a backward Pakistan,
which is virtually subsisting on US doles since 1998. Pakistan for most purposes has turned a vassal
state of the US.
Clinton possibly wants to reduce India to that
status.
Undoubtedly, a strong Indian economy is not in the US’ interest. It
would mean a diversion of global investment, which the US economy, at
rock bottom can hardly afford. All US efforts since the election of
Barack Obama as President have been towards subverting Indian economic
interests. It has only tried to placate New Delhi
so that it does not create problems for its entente with Pakistan.
The US
has virtually stopped outsourcing to Indian companies. It has affected balance
sheets of many IT companies. They are on a spree of reducing staff. The latest
to join the fray is Tata Consultancy Services (TCS), which has sacked almost
5,000 employees. The BPO sector alone has suffered a multi-billion dollar loss.
Other exports to the US
are also on the wane. Further, the nuclear deal does not benefit India as much as it does the US power
companies.
It is often said that the US
is scared of China.
The way it is dealing with Beijing
only shows that it is afraid of its power - economic, diplomatic, military and
nuclear. So it tries to keep it as happy as possible. On its part, China has hardly shown any pusillanimity in
dealing with the US.
Global reports show that its economy is doing far better than India’s
and thus China
earns the Americans’ respect.
Insofar as Pakistan-sponsored terrorism is concerned, the US has not been
of much help, except for some robust rhetoric. Apparently, each terrorist act
has boosted business for the US
and western security agencies. India
thus needs to critically look at issue of terrorism beyond security and law and
order.
The US
is almost non-commital on carbon reduction issues. Its special envoy and chief
negotiator on climate change, Todd Stern in his discussions with Environment Minister
t Jairam Ramesh and Power Minister Sushil Shinde virtually rejected New Delhi’s stand describing
the demand for $ 75 billion as “unrealistic”. His central theme was to get the
Obama administration’s ‘two degree’ clause accepted--.reducing global
temperatures by two degrees. But this would mean Delhi accepts all conditions and in short, is
being asked to reduce its developmental activities, power generation and
industrial growth.
It is time for a serious review of the policies towards the US. If India loses the respect of the international
community its economic build-up too would be on a shaky foundation. --INFA
(Copyright,
India News and Feature Alliance)
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Defence Production:EXPANDING INDIAN FOOTPRINTS, by Radhakrishna Rao, 27 July 2009 |
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Defence Notes
New Delhi, 27 July 2009
Defence Production
EXPANDING INDIAN FOOTPRINTS
By Radhakrishna Rao
India’s
down-to-earth Defence Minister, A.K. Antony, has consistently been advocating
the need for India
to achieve self reliance in all aspects of defence technology and production to
reduce dependence on imported hardware. Expressing his concern over the
imported equipment and systems making up for 70% of Indian defence procurement,
Antony has
described the trend as both “shameful and dangerous”. Without mincing words, Antony has characterized Indian dependence on imported
defence systems as an “undesirable situation” .Says Antony: “We had set the target for self
reliance 50 years ago by our first Prime Minister, Jawaharlal Nehru. Unfortunately
we are still importing 70% of the equipment .A country like India cannot
allow this situation to continue”.
As part of its strategy to boost
indigenous defence production capability, the Defence Ministry has decided to
encourage the participation of India’s
private sector in the defence production scenario. Observe Antony:
“Now we have taken a decision that in all procurements, priority, wherever
possible, if any equipment can be produced in India
either by the public sector or the private sector, should be given to India. If that
is not possible, only then we will buy from abroad”.
Giving details of the new move to
involve Indian industries in the defence production at an accelerated pace,
Antony noted that the Defence Procurement Procedure (DPP) which was earlier
amended every two years, would now be amended every year. “The main idea is to
give more teeth so that we can on the one hand assure more transparency and on
the other, give more space to the Indian industries, both public and private.”
He also revealed that of 55 items provided to the soldiers deployed in the
Siachen glaciers and other high altitude areas, only 19 items are being
imported. “We are gradually trying to produce these 19 items also
indigenously,” states Antony.
In what has been perceived to be a marked
shift in defence procurement strategy, Indian Defence Ministry has decided to
let Indian private firms bid for a US$1-billion project aimed at modernizing army’s
tactical communications systems .If the proposal is carried through, it would
be the biggest military project to date that would be thrown open to domestic
private sector companies. Sometime back, India’s defence acquisition
council, the high powered body that approves military projects involving huge
outlays, had cleared the proposal for allowing local companies to enter the
race along with state owned entities for the tactical communications system.
This system is aimed at equipping
the defence forces for network centric warfare in which ground troops are
connected to air force and navy through a satellite supported secure and
integrated voice, data and video communications device. As pointed out by Frost
and Sullivan of the total capital outlay of 54,824 crore for the defence sector
in 2008-09 budget, the army has been sanctioned Rs.11,212-crore for its ongoing
modernization programs including
tactical communications and unmanned aerial vehicles.
Along with many big, established
players like Tata Advanced Systems (TAS), Larsen and Toubro (L&T) and
Mahindra Defence Systems, many small and medium industrial outfits in India are
showing an increasing interest in meeting the fast growing requirements of the
Indian defence sector. “The private sector has graduated from being tradesmen
to engineering companies. They are now synergistically using the technology and
the skill set available to make, market and sustain world class products” says
Dr.Prahlada, Chief Controller (Research and Development), Defence Research and
Development Organisation (DRDO).Meanwhile, DRDO has revealed that it is willing
to transfer the technology related to nuclear, biological and chemical (NBC) warfare
to small and medium scale companies and in the process opening up business
potentials worth Rs.2,000-crore.
‘We will spend Rs.300-crore on NBC
sector. Around 60% of our work will be outsourced to SMEs (small and medium
enterprises)”states W.Selvamurthy, Chief Controller Research and development (Life
Sciences and Human resources), DRDO. DRDO is now working on developing new
techniques to defend the country against a range of potentially lethal agents.
These projects include nano technology based bio sensors, unmanned robot
operated aerial and ground vehicles attached with NBC detector sensors, devices
for detection of chemical clouds and self contained NBC shelters and hospitals
to handle NBC victims.
All said done, the share of the
Indian private sector in so far as capital spending on defence is concerned is
just around 9%.As things stand now, Indian private sector appears to be a
peripheral player in country’s defence sector dominated as it is by state owned
giants and global aerospace and defence vendors. Meanwhile, the heavy
engineering and infrastructure development company L&T which is contributing to the missile launch
systems including ones for Brahmos and Dhanush ,has announced a joint venture
with European aerospace and defence consortium EADS to manufacture high end
defence electronics products. The defence division of L&T which makes
ancillary equipment for ships such as propulsion steering gears and shafts, is
now planning to build ships for the Indian navy.
Along with Godrej and Boyce as well as
TAS,L&T is in the race for bagging
the contract for developing and building an unmanned aerial vehicle(UAV).This
medium altitude, long endurance UAV christened Rustom will be designed to fly
at an altitude of 250-km.”Only defence manufacturing coupled with economic
might can make India
a super power” quips A.M. Naik CEO of L&T.
Tata Group companies have floated a number of
joint ventures with foreign entities with a view to sharpen the edge of the
defence production. TAS has a joint venture with Israel Aerospace Industries (IAI)
for building unmanned aerial vehicles, missiles and radar systems. Tata Group
has also a tie up with Sikorsky Aircraft Corp of USA
to manufacture S-92 helicopter cabin in India. The cabin for this four
bladed chopper, meant for both the civilian and military uses, is expected t
roll out of the Greenfield facility near Hyderabad international
airport by late 2010.
Observers of the Indian defence sector feel that the defence offset clause forming
part of the defence procurement will help Indian private sector not only get
business from foreign vendors implementing high ticket projects but also help
it sharpen its technological skill and manufacturing base. The defence
procurement policy stipulates that for import order in excess of Rs.300-crore,
the suppliers must outsource around 30% with the Indian companies. Experts are
of view that Indian companies can rake in US$10-billion in the next four to
five years through the offset program. In the ultimate analysis, it would be
reasonable to assume that if Indian companies graduate to the position of
delivering high quality products at low cost, foreign defence vendors will be
tempted to set up manufacturing facilities in India to tap the skill base
available with the Indian companies.---INFA
(Copyright,
India News and Feature Alliance)
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Indo-Pak Ties:PEACE ROAD TO NOWHERE, by Poonam I Kaushish, 25 July 2009 |
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POLITICAL DIARY
New Delhi, 25 July 2009
Indo-Pak Ties
PEACE ROAD TO
NOWHERE
By Poonam I Kaushish
The monsoon has brought relief to the Delhiwalas from the prolonged searing heat. But real politik and diplomacy have heated
up the Union Capital. It is a moot point if the temperatures will ever come
down in Indo-Pak relations. The neighbours have been in a “love-me-love-me not”
syndrome for more than six decades. Swinging from one extreme to another. Guns
followed by roses and back to the guns!
Importantly, Indo-Pak relations are now hostage to two
references in the infamous Sharm-el-Sheikh joint statement following a meeting
between Prime Minister Manmohan Singh
and his Pakistani counterpart Yousaf Raza Gilani on the sidelines of the NAM
Summit in Egypt
mid-July. One, the de-linking of dialogue with acts of terrorism and the
out-of-the-blue reference to Balochistan.
Clearly, Manmohan Singh has walked more than an extra mile
to for Gilani and ceded ground to Pakistan. The formulation in the
joint statement that “action on terrorism should not be linked to the composite
dialogue process and these should not be bracketed” appear to be a climb-down.
Post the Mumbai 26/11 terror attacks, New
Delhi has consistently maintained that no talks would
take place till the culprits were brought to book.
Predictably, all hell broke lose. How could the PM agree for
talks? Was he swayed by Gilani’s assurances that Islamabad would do “everything in its part
and bring the 26/11 culprits to book irrespective of whether the dialogue was
de-linked to terror? How could he fall for Islamabad’s promise which was nothing but a
puerile statement and needed to be discounted totally? That he had washed away
any gains achieved by New Delhi
in the war against terrorism. Turned India’s foreign policy on its head?
Was he coerced by the Americans in doing so?
Making matter worse, Islamabad
read it differently. Said Gilani: “All core issues that were pending under
composite dialogue should be discussed …. these should not be bracketed with
the Mumbai incident.” Of import in this context, the statement was silent on Pakistan’s 2004 commitment that it would not
allow its territory to be used for terrorism against India. Thus, Gilani had shrewdly
freed Islamabad
from that promise.
Resulting in the Prime Minister and Government trying to
retrieve lost ground by claiming that the composite dialogue would not resume
unless and until terrorist attacks were properly accounted for and the culprits
brought to book. Adding, that Islamabad
could not ask for resumption of dialogue without showing “action on terror”.
Besides, by taking Kashmir off the agenda, and
making it only one of several "outstanding issues," the “core issue”
had been diluted.
However, instead of bridging the widening divide between the
two neighbours it has led to more mistrust. Needless to say, the Prime Minister
has taken a big risk. Everything could backfire in the event of another big
terror strike on India.
True, the delinking of talks with action on terror does reverse India’s policy
of the last six decades, but it also allows for a new atmosphere of talks. The
continuing stalemate was getting us nowhere.
At one level, the joint statement signifies a way forward. A
country can never afford to take a position where it refuses to talk to a
nation. By snubbing Islamabad, New
Delhi was diminishing its influence over Pakistan’s ongoing cross-border
terrorism. After all, even when joint statements carried bland sentences of
“constructive and cordial dialogue”, it didn’t co-respond to a decline in Islamabad’s proxy war.
Aversely, by not talking New Delhi was only strengthening and
emboldening the jehadis to continue
fomenting trouble. Why should statements become barometers of success of every
Indo-Pak summit? Further, the statement was not a binding legal document but
merely a diplomatic testimonial. Notwithstanding, that generally joint
testaments form the basis of a dialogue process. Remember, the Shimla pact post
the 1972 Indo-Pak war which became the bedrock of future ties, 1999 Lahore
declaration and the 2004 Vajpayee-Musharraf statement of holding a composite
dialogue.
However, it is the inclusion of the word Baluchistan
which has ignited indignation all-round. How did the innocuous line in Para 6:
"Prime Minister Gilani mentioned that Pakistan has some information on
threats in Balochistan and other areas" creep in?
Time and again, Islamabad has
privately accused New Delhi of inciting terror
in Baluchistan. Whether the allegations are
true or false is not the point. So far, it has been just conjectures. However,
by including the word Baluchistan for the first time New Delhi has obliquely acknowledged its hand
in fomenting trouble there. Significantly, we have given Pakistan a handle to equate Baluchistan with Kashmir. A tit for tat policy --- we do it in Kashmir, you do it in Balochistan. Wherein Balochistan
would now serve as the model for all future discourse between India and Pakistan.
Compounding the issue, was Foreign Secretary Shiv Shankar
Menon’s appalling confession that that the statement was “badly drafted” and
“these things happen.” Really? According to foreign policy mandarins,
Balochistan was a small price to pay for the exclusion of Kashmir.
That New Delhi
had no option given that the ISI had briefed the Indian High Commission in
Islamabad of India hand in fomenting trouble. As also, Manmohan Singh’s insipid
assertion, “we have nothing to hide”.
According to highly placed sources, the Prime Minister
decision was based on the fast changing developments within Pakistan, the increasing strife, trouble in
SWAT, rise of Taliban and its impact on India. Even as there would be no
let-up on Islamabad
to bring the 26/11 culprits to book. Confided a senior official, “the last
thing India wants is
instability and chaos in Pakistan.
It is in New Delhi’s interest to ensure Pakistan
remains stable and democratic. Be that it may, skepticism continues to abound.
Where does all this lead to? True, South Block has no
illusions about any dramatic transformation in Islamabad’s policy. Given that post
Sharm-el-Sheikh the Pak Army and ISI wants to be included in all future
dialogue as they are part of policy formation. Dialogue can only take place
once Islamabad
shows its serious intent in handing over the 26/11 culprits. It has to put more
efforts to put Hafeez Sayeed back in jail. The taste of the pudding is in the
eating.
As matter stands today, both sides continue to be wary of
each other. Deep mistrust and lack of confidence is apparent. Islamabad needs to do a lot more than just
generating artificial illusions. There is little scope for talking peace and
friendship with a neighbour who is busy throwing stones at you and even
sniping. So far Islamabad’s
track record has been woeful. It wrecked the Lahore pact by scripting the Kargil
inclusion. Agra
was stillborn. It has to match its words with deeds. Or else, the long thorny
road to peace will end up as a peace road to nowhere. ---- INFA
(Copyright,
India News and Feature Alliance)
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Hillary Visit:HISTORIC, OVER-ARCHING DIPLOMACY,Prof. Chintamani Mahapatra, 22 July 2009 |
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Round The World
New Delhi, 22 July 2009
Hillary Visit
HISTORIC, OVER-ARCHING
DIPLOMACY
By Prof. Chintamani
Mahapatra, JNU
After months of near marginalization,
the Obama Administration sprang a pleasant surprise by sending Secretary of
State Hillary Clinton to India
on a five-day visit. This trip is as important as the five-day path breaking
visit paid by her husband President Bill Clinton in March 2000 to India.
The significance of this visit is clearly
reflected in the fact that never before in history has a US Secretary of State
come to India for such a long duration of time; met with such a vast
cross-section of people, come with such wide-ranging agenda items and signed
three significant agreements. Never before a top US administration official was so
warmly greeted by the business community, academia and political leaders and
threw so much positive energy into the bilateral relations, as Hillary Clinton
did.
During her visit, Hillary announced
a firm date, 24 November, for the first State invitation to a head of government
to visit the White House. Although many commentators alluded to her skipping India during her maiden visit to Asia as
Secretary of State and complained that she put only China
and Indonesia
on her itinerary, this July visit here more than compensates what she would
have missed.
One of the newest initiatives of
Secretary Clinton during her visit was to go beyond traditional meetings with
the Government officials and engage in over-arching public diplomacy. Significantly, she chose to land first in the
nation’s finance capital, Mumbai, and interacted with business tycoons, such as
Mukesh Ambani and Ratan Tata.
It signified the need for an Indo-US
economic cooperation at a time of global recession and unprecedented US economic
crisis. Apparently, India’s
economic success stories in recent years and a positive growth rate amidst the recession
has drawn the US’ attention
to the need for a more robust engagement with India in trade and investment
cooperation.
More importantly, India has of
late become one of the largest arms bazaars in the world. Its intention to buy
126 fighter aircraft is a business involving billions of dollars. The American companies,
particularly Lockheed Martin and Boeing have shown much interest to sell their aircraft
but they of course would have to compete with Russia and a few European
countries.
However, the Obama Administration views
the ‘126 deal’ as a timely effort that could partly assist meeting the current
crisis in its national economy. But this would not be possible, unless the two
countries sign an “end-use-monitoring” agreement that would ensure that the US equipment
and technology would not be diverted to unintended sectors or destinations
abroad. Indeed, Secretary Clinton was able to persuade New Delhi to sign such an agreement.
Like the 126 deal, implementation of
the 123 Agreement, relating to the civilian nuclear cooperation too has the
potential to uplift the US
economy. It so happens that while the American nuclear industry has been in
doldrums, India’s
nuclear energy market is worth over $30 billion. Moreover, successful US-Indian
nuclear energy cooperation has the potential of creating about 20,000 jobs in
the US.
There were, however, anxious moments
in certain quarters in New Delhi that the Obama
Administration could soft-pedal the 123 Agreement and some even went to the
extent of reading the G-8 summit statement on non-proliferation as an additional
pressure on India
to sign the NPT and CTBT. But Secretary Clinton made it amply clear on Indian
soil that the US
is very much interested in timely implementation of the 123 agreement. India, on its part, announced two places —Andhra
Pradesh and Gujarat—as nuclear energy parks earmarked for the US companies to
set up power generating nuclear reactors.
Two other important highlights of the
Clinton
initiatives to make US-Indian relations broader and deeper were in the field of
educational and agricultural cooperation. Her interactions with college
students both in Mumbai and Delhi
were unprecedented efforts by the US State Department to engage directly with the
Indian public.
These steps were intended to generate
goodwill for the US
among our masses. The UPA Government’s pro-farmer policies are by now well-known
and by proposing agricultural cooperation between the two countries, Clinton sought to touch an
issue which would relate directly with the Indian masses.
This apart, an international issue
that bitterly divides the two nations, is that of climate change. India along with other developing countries
opposes an effort by the US
and other advanced countries to put a compulsory cap on carbon emission.
Hillary Clinton has sought to convince New
Delhi the need for a compromise solution before the
Copenhagen Summit of this December. While no concession appears to have been
made so far, this being a multilateral issue, the two countries need not lock
horns beyond a certain point.
Yet another major issue that was
addressed by Secretary Clinton was Indo-Pakistan relations and terrorism. Clinton urged India
to assist Islamabad
in combating terrorism. While New
Delhi has been in the forefront of fighting terrorism
in the region, it is concerned about official Pakistani connection with
Pakistan-based anti-Indian terrorist networks. And as such, the UPA Government had
announced that it was unwilling to restart the composite dialogue process with Pakistan,
unless the perpetrators of Mumbai 26/11 were brought to justice.
Significantly, a few noteworthy
developments took place a little before Clinton
arrived and during her stay. Prime Minister Manmohan Singh met his Pakistani
counterpart in Egypt
and a joint statement was issued. Islamabad
showed some evidence that it was taking appropriate steps to apprehend the
alleged culprits of 26/11. It then admitted that the LeT was involved in 26/11
terrorist attack in Mumbai. In addition, Kasaab, the lone surviving and
captured terrorist suddenly confessed that he was part of the whole conspiracy
to strike Mumbai on 26 November 2008.
Importantly, all these developments
must have pleased the US
Secretary of State. Overall, it turned out that the visit resolved many doubts
about the Obama administration’s approach towards India. The apprehensions that this
administration would not walk the extra mile to further elevate the
relationship with India,
from where his predecessor had left, proved to be misplaced.
While Condoleezza Rice characterized
India as an emerging global
power, Hillary Clinton engaged India
as one of the major global powers. This recognition and the intention to engage
India
in a strategic dialogue make it evident that the bilateral relationship is on
the right track. --INFA
(Copyright,
India News and Feature Alliance)
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Ayurveda Goes Digital:SAFEGUARDING PIRACY BY WEST, by Suraj Saraf,21 July 2009 |
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Sunday Reading
New Delhi, 21 July 2009
Ayurveda Goes
Digital
SAFEGUARDING PIRACY
BY WEST
By Suraj Saraf
Two important developments have recently taken place for
streamlining practice of the Indian System of Medicine (Ayurveda, Siddha, and
Unani) and to curb massive copying of its long practiced formulations by the West.
Indeed, it comes as disturbing and shocking news that till now this piracy has
resulted in 15,000 patents of medical plants by the westerners. There would be
a threat of losing 2000 more every year.
However, in order to safeguard and curb this huge loss of
traditional medicinal knowledge of the country, a massive exercise has been
undertaken by the Union health department of AYUSH (Ayurveda, Yoga &
Naturopathy, Unani, Siddha and Homoeopathy) and the Indian Council of Scientific
and Industrial Research (CSIR) to document 2,33,000 formulations belonging to
ISM viz 81000 Ayurvedic, 1.4 lakh Unani and 13,000 Siddha formulations.
It has taken eight years of hard and dedicated work. Two
hundred scientists and researchers from the CSIR and the department of AYUSH
had scientifically converted information of traditional Indian medicine from
Hindi, Sanskrit, Arabic, Persian, Urdu and Tamil to five international
languages i.e. English, French, Spanish, German and Japanese. The CSIR has thus
created TKDL (Traditional Knowledge Digital Library), without which India would lose
1000 new patents every year.
In the past, patents have been granted by the European Patent
Office (EPO) on the use of 385 Indian medicinal plants such as papaya, Indian
long pepper, Kali Tulsi, Pudina, ginger, potato, isabgol, aaenla, jira, soyabean, tomato, almond, walnut and methi. Thus, New Delhi decided to ink a landmark agreement
with the EPO, so that TKDL’s database would be available to the patent examinees
at the EPO “for establishing prior art”, in case of patent applications based
on ISM.
However, the Traditional Knowledge Digital Library’s information
would be restricted only for patent research and examination purposes. The EPO
will not be able to disclose it to a third party. While New
Delhi will help EPO with search assistance, the latter will, once
every three months, inform India
about what information was used as citation from the Traditional library.
The patent battle however, is a long-drawn procedure. According
to CSIR’s Director-General Prof Samir Brahamchari, on an average, it takes five
to seven years to oppose a granted patent internationally and cost anything from
a whopping Rs one and three crore. Therefore, cost of protecting all ISM
formulations in the absence of TKDL, would be staggering and completely
unaffordable.
Thanks to the digital library, people will now think twice
before even applying for dubious patents. The library will ensure that
traditional Indian knowhow is safe, used by Indian companies for the benefit of
Indians. Till now AYUSH has documented 8,1000 Ayurveda, 1.4 lakh Unani and 13,000
Siddha formulations. Encouragingly, the TKDL has also become a model for other
countries wanting to defend their traditional knowledge from misappropriation. South Africa, African Regional Property
Organisation, Mangolia, Nigeria, Malaysia
and Thailand have already
asked India
to help them replicate TKDL.
The decision to create the library was taken in 2001 in the
aftermath of wrong patents granted by the US Patent and Trade Mark Office on
wound-healing properties of Turmeric and an antifungal property of Neem granted
by the European Patent Office, even though the plants were being used for
centuries under ISM for such benefits. Well, if TKDL had existed earlier, then the
country would have been spared the international disputes regarding patenting
of Neem, Turmeric and Basmati.
In a study conducted in 2004, the Americans had granted 4896
patents on medicinal plants, 80 per cent of which were of Indian origin. In a
study of 760 such plants, it was found that 850 patents never have been
granted. Over 300 to 500 such patents are granted every year, mainly due to
lack of access to documented knowledge in India.
In another important development, Ayurvedic doctors who do
not possess requisite qualifications prescribed under the Indian Medicine
Central Council Act (IMCCA) can not practice anywhere in India as they like, as
per a Supreme Court ruling in the first quarter of the year. The judgement came
in a case wherein Ayurvedic Enlisted Doctors’ Association had challenged the Maharashtra
Government’s decision to prosecute those practicing Ayurveda without being registered
with the IMCCA.
The plea of the appellants in the case was that they were
registered as practitioners under the Bihar Development of Ayurvedic and Unani System
of Medicine Act and argued that though they did not hold any degree or diploma
or certificate of any recognized institution, they possessed sufficient
knowledge and skills requisite for educational practice of medicines and
surgery.
However, according to the Supreme Court if the Ayurvedic
practitioners are registered in a particular State they could not automatically
practice in other parts of the country too. Such doctors can only practice in
other parts of the country provided their qualification is recognized under the
IMPCO, said a supreme court Bench of Justice Arijit Pasayat and Justice
Mukundakam Sharma.
Under section 15 of IMPCCA the right to practice anywhere in
the country is restricted and permissible only if the name of the practitioners
finds places in the central register as per the qualifications prescribed under
section 2(1)(h) of IMPCCA. Section 8(1) (h) prescribes the qualifications and
institutions recognized by the Council for the purpose of imparting training in
Ayurveda.
The Apex Court
rejected the argument that such restriction violates the Fundamental Right
under Article 14 of the Constitution i.e. no discrimination between citizens.
The appellants had argued that they fulfilled the conditions imposed by the
regulations of Bihar
State and their names
were entered in the Bihar State Council’s register. As such Maharashtra
government could not ban their practice on the ground that their names were not
registered in the IMPCCA, as such a restriction violated Article 14 of the
Constitution. But the Apex court rejected the plea saying that under article 19
(6) of the Constitution, the government can always put “reasonable restrictions”
on a citizen’s fundamental right.
With the Ayurvedic practitioners getting a legal dose, there
is a growing confidence that the 5,000-year-old Indian traditional system of
medicine is getting the attention it deserves. After all Ayurveda is gaining
the reputation of being one of the most important systems of mind-body medicine
and natural healing.—INFA
(Copyright,
India News and Feature Alliance)
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