EDITORIAL

INHUMAN ACT

Sad was the intelligence failure before the attack by Bangladeshi troops on the Border Security Force (BSF) outposts in Meghalaya. Sadder was the capture of the BSF personnel by the ‘enemy’. Saddest, indeed, was the inhuman act indulged in by the Bangladeshi: The captured Indian jawans were brutally tortured before being shot through the eyes at point blank range. Horror-filled was the scenario as it unfolded with the arrival of the 15 bodies of the BSF personnel. Some of the bodies were badly charred and scalded as boiling water and acid had been poured on them. And awe-inspiring was the corpse of a BSF jawan hung from poles like that of a discarded corpse of an animal. The choice of operations employed by the Bangladeshi perpetrators of crime was the same that was adopted by the Pakistanis in May 1999 when they, in the wake of the Kargil conflict, returned highly mutilated bodies of some Indian jawans.......more

RED AND REFORMS

Is the Vajpayee Government's strong economic reforms thrust signalling the death throes of the Indian organised labour movement? If the frustration and failures of recent months are any indication, then trade unionism could well become a far weaker force. Privately, India's top union leaders admit that they are looking at a situation like Margaret Thatcher's confrontation with the British labour unions in her quest for privatisation. Thatcher managed to crush the unions........more

1642 and all that

By M.J. Akbar

No one can quite recall why Haidergarh is called Haidergarh. Who was this Haider who gave his name to a place that echoes through a myriad layers of India's history and collective memory.........more

Feel good factor absent
among SSIs

By Ramesh Kanitkar

We are , with increasing fre-quency and tempo, being bamboozled and bombarded with words like 'maha', jumbo, bumper, super and the like. Gone are the days when small used to be beautiful and useful. Successive governments........more

Stock market crisis

By K.R. Sudhaman

Finance Minister Yashwant Sinha and SEBI Chairman D.R.Mehta might not agree with the fact that the market regulator had failed to perform its duty in responding adequately to the recent.....more

WTO: Services,
the key up India

By M.N.Minocha

There is a fear psychosis in India on the World Trade Organiza-tion's implications for the economy. This is despite the fact the WTO's objectives include increasing standard of living, multistage....more

EDITORIAL

INHUMAN ACT

Sad was the intelligence failure before the attack by Bangladeshi troops on the Border Security Force (BSF) outposts in Meghalaya. Sadder was the capture of the BSF personnel by the ‘enemy’. Saddest, indeed, was the inhuman act indulged in by the Bangladeshi: The captured Indian jawans were brutally tortured before being shot through the eyes at point blank range. Horror-filled was the scenario as it unfolded with the arrival of the 15 bodies of the BSF personnel. Some of the bodies were badly charred and scalded as boiling water and acid had been poured on them. And awe-inspiring was the corpse of a BSF jawan hung from poles like that of a discarded corpse of an animal. The choice of operations employed by the Bangladeshi perpetrators of crime was the same that was adopted by the Pakistanis in May 1999 when they, in the wake of the Kargil conflict, returned highly mutilated bodies of some Indian jawans. At a time when the Bangladesh authorities manipulated widespread circulation of reports that the BSF jawans were lynched by the angry mob of people and not killed by Bangladesh Rifles (BDR) men, Bangladesh and Indian Home Ministry both announced probes. After every stormy event and happening, New Delhi, history bears testimony to the fact, in an attempt to pacify the public outcry, announced probes. After the monumental intelligence failure in the first quarter of 1999 which eventually resulted in the bloody war between the armies of India and Pakistan, New Delhi ordered high-level probes. Between 1999 and mid-April 2001, one had hoped that Governmental agencies of India, particularly the intelligence outfits, would do well by closely and carefully monitoring what the adversaries were doing or were up to close to our borders. Alas, all hopes in this regard dashed to the ground in the wake of unhindered and undetected entry into the Indian territory by armed Bangladeshis. Clearly, sad intelligence failure resulted in the seizure of the village of Prydiwah, roughly 100 km from Shillong, capital of Meghalaya. Meghalaya Chief Minister, EK Mawlong, cannot be faulted for his outbursts against the refusal of the BSF authorities to take cognizance of warnings of local people of Pyrdiwah about a possible attack by Bangladeshi troops on the BSF outposts. Our Home Minister, LK Advani, is a person known for seriousness of thought and action. But this time his argument on the situation as it developed immediately after the capture of the Prydiwah village was silly. In today's changing world, a friend will not be a friend for all times to come. On the gross violation of ground rules by the Bangladeshi troops, Advani has said: "This event has come as a big surprise to us as we have very good relations with Bangladesh". Advani requires to be asked: Wasn't his Prime Minister, Atal Behari Vajpayee, lustily cheered on the soil of Pakistan when he and then Premier of Pakistan, Nawaz Sharief, signed the Lahore Declaration? And the evidence made available since then has confirmed— even Advani himself has endorsed it— that while Vajpayee was majestically walking on the Lahore roads, the Pak military had quietly and successfully engineered positioning of batches of combatants on the upper reaches in Ladakh's Kargil sector. Bangladeshi Premier, Hasina Wajid, is not anti-India like her predecessors. And her appreciation of the performance and personality of Vajpayee is well-known. This, however, did not call for the lack of vigilance by the regular Indian forces as well as by intelligence agencies. The whole world knows— and Bangladesh Rifles (BDR) authorities are aware of the fact— that India's intelligence agencies, namely, RAW, IB, Military Intelligence (MI) and BSF's intelligence have already an effective network everywhere in the north-eastern region. How come the Pyrdiwah village was seized by Bangladeshis, if one were to accept Advani's statement that there was no intelligence failure? A wave of anger has swept the country following the brutal killing of BSF jawans by Bangladeshis. Advani, obviously, will be the last person to own moral responsibility and quit the Government. On the other hand, the talk has begun with regard to the search for scapegoats in the officialdom. No wonder, the sudden emergence on the scene of many a critic of the BSF chief, Gurbachan Jagat.

RED AND REFORMS

Is the Vajpayee Government's strong economic reforms thrust signalling the death throes of the Indian organised labour movement? If the frustration and failures of recent months are any indication, then trade unionism could well become a far weaker force. Privately, India's top union leaders admit that they are looking at a situation like Margaret Thatcher's confrontation with the British labour unions in her quest for privatisation. Thatcher managed to crush the unions. Unions have been sporadically opposing economic reforms, especially privatisation and the opening up of various sectors of the economy to private investment, ever since Manmohan Singh kicked off the process in 1991. The Vajpayee Government is in a far stronger position to face off with organised labour than the last five Government, including Narsimha Rao's. The key reason is that the Narasimha Rao Government and the coalition of HD Deve Gowda and IK Gujral depended on the Left parties to stay in power. As such, unions were able to pressure these Governments to slow liberalisation down. The present Government is under no such obligation. Also, in the past one decade, the union movement itself has become fragmented. Even the Left Front Governments in West Bengal and Kerala are wooing foreign investment. Disinvestment is going full steam ahead. The opening up of insurance sector and concrete steps to reform the power sector were achieved despite united labour strikes. Union leaders admit privately that they have been suffering setback after setback. Senior Left union leaders admit that they feel alienated in their struggle since the trade unions of the Congress are no longer active participants. Since Sonia Gandhi has made it clear that she is not interested in stalling the process of liberalisation, INTUC is no longer proactive. BMS, the trade union of the Sangh Parivar, is keeping a low profile on the reforms question. Although in principle the BMS is opposed to foreign investment, in practice it backs the Vajpayee Government.

1642 and all that

By M.J. Akbar

No one can quite recall why Haidergarh is called Haidergarh. Who was this Haider who gave his name to a place that echoes through a myriad layers of India's history and collective memory. This was one place where the Pandavas found refuge during their 14-year-exile, and where King Kulu sprinkled the water from a famous yagna into the wells blessing them thereby with a spiritual power: unmarried women still carry water from its wells to the Mahadev temple at Barabanki to offer it to Lord Shiva on Shivratri. The spirit of miracles travelled through the centuries. When Raja Bhalchandra Singh Chalhari, then ruler of Haidergarh, died in the war of independence against the British in 1858, his body, it is said , kept fighting even after it had been beheaded until the last drop of blood had oozed out. That vision of freedom made it a hub of the nationalist movement: Rafi Ahmed Kidwal, whose relative Mohsina is now a senior leader of the Congress, emerged from Haidergarh to become a close friend and member of Jawaharlal Nehru's Cabinet. The Congress won the Assembly seat consistently till the debacle of 1989, and such was the historic strength of the party that it won the seat back in the debacle of 1991. Since then the seat has travelled back and forth between the Congress and the BJP, and went tricolour again in 1996.

In 1996, under the variable leadership of Sitaram Kesri, the Congress got 46,993 votes. In 2001, under the able leadership of Sonia Gandhi, the congress has got 1,649 votes.

Losing an election is no longer news in Congress circles, or among Congress squares. But getting 1,649 votes out of the 131,676 votes given to the candidates of the recognised parties still is, or should be. This is a little more than one per cent of the votes cast for the knows parties and therefore even less as a percentage of the total votes cast. If Haidergarh has been the only criteria by which the Election Commission recognised or derecognised parties, the Congress would lose its symbol: you have to get four per cent of the vote to retain your symbol.

Mrs Sonia Gandhi may have other reasons for worry as well. The constituency is a neighbour of Amethi, about halfway between Lucknow and Amethi and a whisper away from Rae Bareli. Contagion could exact a heavy price.

One has noted before that the Congress over the last few election has become what might be called a "calendar" party: that is, its votes are now within four number, as in the years of a calendar. That is bad enough. But unlike normal calendars which measure the advance of time, howsoever slowly, this one is regressive. From a vote puddle (you can hardly call it a bank) ranging between 2000 and seven or eight thousand, the vote seems to have slipped to less than 2000. All it has to do now to enter the Dark Ages is to become a three-figure vote.

Congress spin doctors (frankly, they talk like compounders and vets rather than doctors) are trying their best to offer some sort of explanation for this performance.. The sitting Congress MLA, for instance, unusually, resigned to vocate his seat for an incumbent BJP chief minister, Mr Rajnath Singh. That is not an explanation, that is an excuse. No candidate carries more than a small percentage of the party vote when he defects; the bulk vote belongs to the party, not to the candidate, except in the most unusual circumstances. The voting pattern reflects that. Ram Pal Verma of Mulayam Singh's Samajwadi Party got 29,059 votes and Mata Prasad Chowdhary of Mayawati Bahujan Samaj Party received 28,650 votes SP and BSP supporters also knew that the BJP chief minister was going of win; there is sufficient general and specific patronage available to ensure that . But their support base is intact; it is the floating vote that has wafted towards the winner. In different circumstances, the floating vote will come their way as well. What the Haidergarh election prove is that the Congress has lost its core vote. An independent, R.D. Sharma, got some four hundred votes more than the Congress. To get some idea of how appalling a figure like 1,649 votes is, do remember that the Congress brand name, even in its pathetic states, tends to get some votes by a sort of historic inertia: In other words, about a thousand of those 1,649 voters have probably forgotten not to vote for the Congress. The Yadavs did not forget to vote for Mulayam Singh Yadav and the Dalits did not forget to vote for Mayawati; that is why they received those respectable numbers.

The Congress candidate was a Brahmin, Sarvesh Bajpal, son of a former Congress MLA, Shyam Lal Bajpai. Brahmins constitute the largest single cast block in the Assembly segment, commanding roughly 38,000 votes (Thakurs, Raj Nath Singh's caste, are second with about 32,000 votes) There was no other serious Brahmin candidate. And yet the Congress could not get a single Brahmin vote. I can say with some assurance that it is unlikely that Sarvesh Bajpai's family voted for him. Certainly Rafi Ahmed Kidwai's family did not. Haidergarh is more evidence that the Muslim of Uttar Pradesh have turned decisively away from the Congress. There are some 23,000 Muslim votes, and the turnout would have been low in the absence of any meaningful campaigning since the results were never in any doubt to. Analysis of the votes polled in Subeha could provide an indication of the trends in the Muslim vote, but the larger share has almost certainly gone to Mulayam Singh Yadav with perhaps a slice to Mayawati. The Congress does not exist in the Muslim mind scape of Uttar Pradesh or Bihar. I assume that every Congress leader knows why. If not, do please refer to Mr Lal Krishna Advani's submission to the Liberhan Commission last week. Whatever the merits of any other claim or contention there is great validity in his view that a temple has already been constructed at the site of the disputed Babri mosque. This happened on the day Congress president and Prime Minister P.V. Narasimha Rao, with the able assistance of a heap of Congress leaders like Ghulam Nabi Azad permitted the mosque to be destroyed and a temple to be built on the razed site. The temples was small, but it was a Ram temple, it still exists in fact the dispute over whether a temple should be built here or not is in effect over. The only question is whether a huge temple should be constructed by the VHP over there or not. The Congress enabled this , as it enabled so much else. Sonia Gandhi could have begun the process of reversal of Muslim hostility. But her chief advisers are either those who advocate a toe-dip during Kumbha, nor out of faith in Hinduism or even out of respect for the central faith of our country, but because they think that such gestures can help manipulate the Hindu vote in favour of Sonia Gandhi. She should check with the Brahmins of Haidergarh how deeply they have been moved by her toe-dip at Allahabad. She could of course also use the opportunity to check with Ghulam Nabi Azad what he was doing on 6 December 1992, although of course Mr Azad's memory might have become in the difficult decade since then.

The dilemma of the Congress is very clear: it belongs to no one. No community, or combination of communities, has any emotional bond with the Congress any more. Its strength once lay in the weakness of its support base: the poor, the minorities, the Dalits, the dispossessed. It was these Indian who gathered under this historic tricolour and gave the party strength through their unity. Alone, they were weak: together, they ruled. The Congress was intelligent enough to include strong sections of the upper castes in its demographic and democratic combination because it needed their Involvement to exercise power. The Brahmin vote was the most loyal, at least partly because the Nehru-Gandhi family was Brahmin. Was. Today that identity has weakened to the point of dilution and no toe dipping in the Ganga is going to restore the respect the a Panditji commanded and the adoration the Indira Gandhi got from the Barhmins. The Muslims find nothing in either the idiom or the ideology of Sonia Gandhi to enthuse them; even when they want top consolidate behind the Congress as an alternative to the BJP, they find that motivation to missing The Congress has done nothing to revive its appeal among the Muslims or the Dalits.

The Congress exists only in those regions where there are only two political parties, as in Gujarat and Rajasthan and Madhya Pardesh. There the backlash effect helps it retain a seesaw existence. But the absence of sustained ideological commitment or a programme that can define a government makes it ineffective in victory and irrelevant in defeat. The Congress now exists merely because it was. It does not live for the future.

That is the message of Haidergarh. Membership of a coalition that might win in Kerala, or some success in Assam, or even a psephologists victory as a humiliated junior partner in Bengal will not change this fact.

We have a popular saying that even a dead elephant is worth something. The Congress is now feeding off the remains of a rich history.

Feel good factor absent among SSIs

By Ramesh Kanitkar

We are , with increasing fre-quency and tempo, being bamboozled and bombarded with words like 'maha', jumbo, bumper, super and the like. Gone are the days when small used to be beautiful and useful. Successive governments, even till last year, used to go out of their way to encourage small scale players, be it investors or entrepreneurs. This attitude is slowly but surely witnessing a seachange, witness the Central budget 2001-02. One connotation of the world 'small' is 'of little importance' as it seems that the powers that be have taken this meaning to heart, while dealing with the small scale sector (SSS) or small scale industries (SSI).

It is now well-known that this fundamental change, that is, to leave SSIs to their own devices, was caused by the WTO compulsions and/or hectic lobbying by major players in the field. It is difficult to comprehend what made the Government to cave in, when even as late as September 2000, it announced a reduction in basic customs duty on certain items used by SSIs. The Economic Survey for 1999-2000 had this to say. "Our SSIs have contributed greatly to the growth of our economy, employment and exports. But to meet the challenges of the future, some of the existing policies need to be reframed to emphasise positive promotional programmes of credit supply, technological improvement and marketing assistance, while phasing out inefficient protectionist policies". Alas, the budget belies these protestations!

Coming to the proposals in the budget, 14 items relating to leather goods, shoes and toys have been dereserved. This step has been denounced as 'a retrograde step' by the SSIs and bailed as overdue by the major players. That dereservation was on the cards was well-known for some months now. In fact, a proposal was being bandied about for a policy prescription for complete dreservation with April 1, 2001 as deadline, in the context of lifting of quantitative restrictions on the remaining 715 items that would result in free flow of imports, seriously eroding the domestic competitive edge, unless the items reserved for SSIs were permitted to be produced by others. It was recommended that it would be better to dreserve the SSI sector instead of allowing it to be squashed in which case Indian presence in the production of these items would disappear. In this context, it is difficult to understand why the Government developed cold feet and did not dereserve the entire sector in one go. Is it that the Government wants to feel its way slowly, study the consequences and reactions and then come out with more drastic announcements at a more congenial time? More woes for SSIs!

It is a sad fact that many small units (an estimate puts it at 1.5 million), are closed. The reasons attributed are many-lack of orders, shortage of funds, estimates going awry, managerial incompetence, labour intransigence and the like. Dumping of cheaper goods, especially from China, seems to have added to their trouble. And gradual dereservation coupled with complete integration of the Indian market with the world's will further aggravate and already unhealthy situation. There is, however, a glimmer of hope in some quarters. That the budget is positive towards both automobile/ auto components and food processing sectors, which are closely linked to SSIs and this augurs well for small entrepreneurs.

A second proposal in the budget that has agitated SSIs is the withdrawal of excise exemption for some items. To quote the Finance Minister, "Products of SSI units are exempt from excise duty up to Rs. 1 crore. This exemption is intended to provide fiscal support to the genuinely small producers. I propose to withdraw this exemption in respect of the following items, in which misuse of the exemption is more then likely-cotton yarn, ball or roller bearings, arms and ammunition for private use".

The powerful associations of mill owners had lobbied hard to get this exemption withdrawn. They had argued that "small scale units have sprung up with absolutely no inherent techno-economic advantage after excise relief was given to them". The modus operandi is either by fragmenting existing mills or creating new entities with old second hand machinery or under-invoiced reasonably old machinery, as it is impossible to create a viable spinning mill in small scale". They also confessed that "pressed against the wall due to unequal competition and huge benefits given to an unviable sector of the textile industry, many large scale mills have started evading excise duty either by.."

As expected the big players have warmly welcomed the budget proposal - "happy that the long pending plea for withdrawing excise exemption for small scale units has been conceded thereby removing the distortion in fiscal structure", "a major factor for tilting the playing field in favour of duty evaders had at last been withdrawn", "a very positive indication of a new realism in government policies overriding ideological considerations". On the other hand, vehement protests have been made by the affected units which have stated that this "would seriously hurt the high employment opportunities for rural people, especially women". It is relevant to note here that about 35 million workers are employed in SSIs. The question arises: "Is the Government not strong enough to take action against the offending units? Is it not armed with enough authority and men to weed out the black sheep? Should the entire segment be penalised for the aberrations of a few? Or is it the government's view that all the units were evaders of duty?

It is also the right time for the bigger units in the organised sector which have evaded excise duty, to own up and pay the dues inclusive of penalties.

Finally it is hoped that the budget proposal to bring the Small Industries Development Bank of India (SIDBI) under the tax net would not affect the flow of funds to SSIs. It may be recalled that the Government's policy statement on SSIs is July 1990 had highlighted the important role assigned to SIDBI to ensure "adequate and timely flow of credit to SSIs". The Government cannot be faulted for its proposal to withdraw the tax shield as SIDBI's earning have leapfrogged. According to SIDBI's own estimates, the impact could be around Rs.100 crores based on current profit figures. With SIDBI enjoying good health, it should be in a position to continue with its "series of schemes providing soft assistance".

The 'feel good' factor is definitely absent among SSI units.INAV

Stock market crisis

By K.R. Sudhaman

Finance Minister Yashwant Sinha and SEBI Chairman D.R.Mehta might not agree with the fact that the market regulator had failed to perform its duty in responding adequately to the recent stock market crisis that started soon after the presentation of Budget on February 28. Ever -since the economic reform process started in 1991, Indian capital market has come into the lime light and bullish tendencies led to stock- scam of Harshad Mehta fame in 1992. This led to the setting up of Securities and Exchange Board of India to act as a watchdog for the markets Initially it had limited powers and gradually it became a statutory body to keep a tab on the stock market to ensure orderly behaviour. Unfortunately SEBI seems to be acquiring only more powers day by day but certainly its responses as a regulator appear to be inadequate to emerging crisis situations. Be it bullish or bearish situations in the Stock Market, the responses of SEBI have always been too late indicating brokers are several steps ahead of the regulator resulting in crisis situations. It was a well-known fact as early as November that every thing was not all right with the stock markets as technological stocks behaved in an unusual manner yet the market regulator did not respond to the situation.

After bear-hammering which started on March one and subsequent action against six stock brokers including the arrest of big bull Ketan Parekh, SEBI has started an inquiry into the whole crisis and as promised by Finance Minster in Parliament it has agreed to meet the deadline of April 15 submitting the interim report. Sinha may dismiss the role of the regulator saying if at all there was any failure on the part of SEBI, it could be that go only slackness. D.R. Mehta too washed his hands of the crisis that has engulfed the capital markets and a few banks. He has gone on record that "SEBI can't be held responsible for what happened in the banking system" implying that the problem was that of the Reserve Bank. On the other hand, the central bank, though maintaining silence over the issue, had indicated that the buck should stop at SEBI as it had warned the market regulator as early as November last about the unusual movements of two bank scrips, one of them being the Global Trust Bank, which recently called off the merger proposal with the UTI in the face of the alleged price rigging of the GTB shares.

But the fact remains that the two financial sector watchdogs lacked coordination among themselves and had not responded adequately to deal with the situation that had made investors particularly small, lose confidence in the stock markets. As the Government was groping in the dark with none able to gauge the magnitude of the scam as yet, the stock-battered investors turn to ever faithful bank deposits.

Statistics show that the aggregate bank deposits grew by Rs 11,742 crore in one month. Sinha reduce the interest rates on small saving schemes including Public Provident Fund by 1-1.5 per cent in the budget. Subsequently government reduced interest rates on contractual saving like provident fund by one per cent. Sinha justified the reduction saying the measures were aimed at aligning their interest rates with inflation. But there were reports that these measures were to discourage people from being over-dependent on small saving schemes and move on to stock markets particularly through the mutual fund route to make the capital market buoyant and help the industry tap resources from the public to spur much needed investment.

Sinha is right in saying that he is not worried by the movements in the stock markets as ups and downs are common phenomena world over in capital markets. What he is worried is price manipulations be it by a bull or a bear. "It is not the level of the indices we are worried much about. What I have repeatedly emphasized is that there are rules of the game and we have to ensure that market players comply with them. "He has also promised to get to the bottom of the stock market crisis, which has led to the collapse of Madhavpura Mercantile cooperative bank and huge losses to individual investors.

Every-time there is a stock market scam, right from 1992, then in 1998 and now the recent one, the responses have been a little to late and when one loophole in the system is plugged, another emerges helping the brokers to take advantage of the situation. It was time that one pondered over whether the government was really serious in dealing with the crisis situation by gearing itself to deal with emerging scenarios in the stock markets.

During the 1992 scam, lakhs of small investors lost their hard earned money in stock markets running into crores of rupees. Now Madhavpura debacle has put 164 small cooperative banks on the mat. It is business that suffers as a result of the sleeze. This is evident from the fact that scam have pulled down volumes on the boursen to two-year low in Bombay Stock Exchange on April 5 when it touched the nadir at Rs. 1,771 crore.The monetary and credit policy to be announced by RBI on April 19 might respond to some of the issue by announcing new guidelines for banks' exposure to stock markets. SEBI too would come out with its interim report in a few days to 'white- wash' the whole issue. The Central Bank may bring in all equity funding under five per cent cap for banks exposure in stock markets. SEBI too may come out with some suggestions in the report to deal with price manipulations in the stock markets and Sinha may announce some new measures and give more teeth to SEBI besides agreeing for a Joint Parliamentary Probe.

All these are fine. The Government seems to have specialized in the art of post-mortem and stock market scams are no exceptions. Any number of inquiry committee might be set up. But none can deny the fact that we do not learn lessons from the past to prevent recurrence of problems. PTI Feature.

WTO: Services, the key up India

By M.N.Minocha

There is a fear psychosis in India on the World Trade Organiza-tion's implications for the economy. This is despite the fact the WTO's objectives include increasing standard of living, multistage effective demand and full employment, expansion of production, trade of goods, and so on.

There is also the question of the Trade Related Intellectual Property Rights (TRIPs) with far-reaching implications. What do all these 'rights' and 'governing bodies' mean for India? Does the economy stand to benefit from them? Perhaps no. exclusive marketing rights (EMRs) have been granted to an international company to market products in the Indian pharmaceutical market; the Patents (Amendment) Act grants exclusive marketing rights (EMRs) for five years - a prelude to put in place an updated product patent regime in India, in line with the WTO requirements envisaging product patents from 2005.

In such a situation, the smaller Indian pharma companies will find it difficult to survive and compete as the cost of developing new drug is around Rs.100 crore. The EMR route has other adverse implications, such as monopoly for five years to the product covered by the product patent application made under Article 70.8.

This exclusivity of rights has two serious implications: First, India would have to give a patent that has long-term significance. By acceding to the demand granting EMR, or a patent-like monopoly in the market, on the basis of a patent granted in any other WTO member-country, India would have de facto surrendered even the little space it has in terms of exercising the sovereign right to apply its standards on examination of the patent application and applying the patentability criteria (EPW December 19, 1998).

Truly, EMRs will affect the interests of Rs.12,000-crore Indian medicine industry, and the economy as a whole. The writing on the wall is clear: The WTO is not providing a level- playing field. So India has to act now.

In the light of the gloomy state described by the Economic Survey 2000-01, the economy is in the grip of industrial pessimism caused by the fear of competition (healthy as well as unhealthy) now with the removal of quantitative restrictions on the last batch of 715 items. The complete opening up of imports under the WTO has caused severe contraction in fresh investments in several industries.

Manufacturing investments committed by the private sector have slumped by 48 per cent in the last three years. Investment in textiles is down by 50 per cent, cement by 35 per cent and chemicals by 40 per cent. Besides, the manufacturing sector is not investing in expansion or fresh projects because it knows India does not stand a chance against China after the latter joins the WTO. As it is, the Indian market is crowded with Chinese goods offered at half and three-fourth the price of Indian goods. It is believed that it could be the end of manufacturing, incrementally, in many sectors.

Thus, India will have to accept and fight the challenge posed by China. India should shift its focus from manufacturing to the service industry, where its competitive edge would be greater.

The Economic survey shows that employment generation in the public sector is either stagnant or falling after 1995. It is, however, not clear if the private sector is emerging as a major employment provider. According to a recent NCAER study, the growth rates in the 1990s were the same as in the 1980s; as such, there has been little improvement in productivity.

Thus, on the whole, there has not been any substantial growth in employment generation in the private sector too. It is feared that the situation will worsen when investments in the manufacturing sectors shrink as imports open up further.

The World Bank has raised serious doubts about India's New Economic Policy - has it reduced poverty? The claim of National Sample Survey Organization in its 55th round reveals the poverty ratio declined to 26.1 per cent in 1999-2000. However, if we accept the international definition of poverty, that is, $2 per person per day, the number of people below the poverty line might have increased in India.

India would do well to consider the trade in services through movement of service providers. According to the WTO's General Agreement on Trade in Services (GATS), two obligations - the 'most favoured nation' treatment and 'transparency' - apply to the entire universe of services. The other two commitments - 'national treatment' and 'market access' apply only to services, that are opened according to specific negotiated commitments. It is noteworthy that the agreement places on equal footing all four modes of delivery of service, including 'commercial presence' and movement of 'natural persons' .

The Agreement also contains specific provisions for increasing the participation of developing countries in service trade. including the "liberalization of market access in sectors and modes of supply of export interest to them".

We should explore the possibilities of exporting services of our manpower which might solve India's economic problems, including poverty and unemployment.

Indians are poor in India only. Whenever and wherever they have got the opportunity, Indians have proved better than any body else.

The brain drain need not to be perceived as a problem but as an opportunity to get rid of the problems of unemployment and poverty. It is worth considering that under GAT's commitments, there is provision of movement of 'natural persons' as mode of delivery.

The beneficial effects of the expansion of the service sector will go beyond our expectations, (especially in the light of minimal support from the WTO) and will help India face the countless challenges before it - especially China.INAV

 



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