EDITORIAL

George of icy crystal ball!

It is now really becoming difficult to keep count of the Defense Minister's visits to Siachin. The day he took over the portfolio a second time, he went on his nineteenth visit. The present one is his twenty-first. In between one thought that the opposition had nearly cornered him, the CAG had almost nailed him. Then the parliament house had been attacked, and the resulting tight cordon appeared too tight for even a sparrow to flit through. But it now transpires that George was nowhere thereabouts. He must then have been on that in-between twentieth visit to the Siachin post.There to warm the hearts of the Jawans at the coldest outpost of the nation. There lies a firm comfort; the nation whose defense minister cares naught for the CAG nit-pickings, is hindered not by a concerted attack by the opposition, nor is constrained by the security considerations or held back by any threats even those of raging terrorists but would go to have his Siachin visit came what may, has little to fear.

Not the least the Pak arms buildup whose president would not trust to fly over the Indian Territory. The general should have known that the Indians who think thrice before shooting a terrorist, and finally let him go, would not attack his cavalcade in the air. But, then, Musharraf is a general who knows his army and weighs all by that measure. Or, does he knowing that he is at the head of all terrorists menacing..more

Our schools - Defunct Institutions

By Surinder Kumar
Very few citizens appear to be concerned with the State of education. . ..
more

Bare footed Guru ji
of Poonch

Academic Pulse

By Prof S K Bhalla
He was called Guruji by his students. The reference is to Master Prem Nath. "He was ...
more

Unrequited 2001!
TALES OF TRAVESTY

By: Dr. Jitendra Singh
As 2001 comes to a close, the average Indian youth is at his wit's end --- totally confused....
more

Code without conduct

By Aye Cie
After their recent one-day meeting in Delhi, the remedies suggested by presiding officers and elected representatives ....
more

Strengthening the
basmati case

By Satyendra Pratap Singh
There are conflicting reports on the "success" of the Indian Government in protecting .....
more

Threat of nuclear terrorism

By Satyabrata Rai Chowdhuri
The head of the International Atomic Energy Agency says that the ruthlessness of the..
.more

EDITORIAL

George of icy crystal ball!

It is now really becoming difficult to keep count of the Defense Minister's visits to Siachin. The day he took over the portfolio a second time, he went on his nineteenth visit. The present one is his twenty-first. In between one thought that the opposition had nearly cornered him, the CAG had almost nailed him. Then the parliament house had been attacked, and the resulting tight cordon appeared too tight for even a sparrow to flit through. But it now transpires that George was nowhere thereabouts. He must then have been on that in-between twentieth visit to the Siachin post.There to warm the hearts of the Jawans at the coldest outpost of the nation. There lies a firm comfort; the nation whose defense minister cares naught for the CAG nit-pickings, is hindered not by a concerted attack by the opposition, nor is constrained by the security considerations or held back by any threats even those of raging terrorists but would go to have his Siachin visit came what may, has little to fear.

Not the least the Pak arms buildup whose president would not trust to fly over the Indian Territory. The general should have known that the Indians who think thrice before shooting a terrorist, and finally let him go, would not attack his cavalcade in the air. But, then, Musharraf is a general who knows his army and weighs all by that measure. Or, does he knowing that he is at the head of all terrorists menacing India, expect the worst at Indian hands, and fears it profoundly? And here's George not only leaving everything to give his comforting warmth of the Jawans at the high altitude but even venturing out of this way onto the zero-line to shake a Pak Ranger by hand. Whichever way one looks at it, here is a minister who would dare anything to be among his men. To weigh things for himself, to know the opponent first hand. One does not known whether the analysts of the present precarious Indo-Pak situation do take this Siachin factor into consideration, but it cannot be denied that the snowy peaks in the remote Ladakh carry crucial significance in the eyes of the nation's defense manager.

Even the Cabinet Committee on Security deferred a final decision on the Indo-Pak developments, in it's meeting the day before, because the minister was away to Siachin. Now, could George be gone there to look at the icy crystal ball to see the future of a war or no-war, before taking the final plunge? Only one has not heard that earthy George is given to crystal gazing. But then there are so many facets to the man that one just cannot say. The man who does not care whether he has any security or not, the man who does not care what the files of this ministry would reveal but hands them nonchalantly to the auditors to do as they like and leaves merrily for the customary Siachin trip in the midst of a storm could be anything. He could be a crystal gazer, a fortuneteller, or a leveler of nations' prides. He could have gone onto the zero-like to weigh the enemy hand in his now earthy way, to compare it with what his icy crystal had told him. There, and not in the precise Musharraf you have the man to lead the armed forces anywhere and get them back with glory.

Our schools - Defunct Institutions

By Surinder Kumar

Very few citizens appear to be concerned with the State of education given in our Government schools. This is reality and none can escape the responsibility. Any one who is even casual observer of State of schools can make inferences without much difficulty. I am no educationist but only a parent whose son and daughter are studying in Government School in the State. The type of education given to them has made me concerned to the State of Education given in our so-called Govt. Institutions. Although the claim of Government that education in the State is free is true, it is valid in quantitative sense and not in qualitative one.

Teaching in Government Schools is non-existent as teachers are generally competent but they neither make any effort nor are made to exert. In Primary Schools, the society has lost all faith. Any parent having sources would not hazard his or her child to undergo education or to be exact schooling in a Government School. The result of this apathy is quiet clear, while the roll of students in Government Schools is falling that of Private Schools is rising day by day. Any casual visitor can assess that no teaching is done in schools; while male teachers are seen busy in smoking or playing cards, females are busy in cooking or knitting. Poor children are left to fend for themselves. I am yet to find a student whose copy has been checked by class teacher.

At the level of Middle Schools too scene is no better. Infighting within the members on staff, indiscipline and truancy are common attributes of these schools. Inspections of these schools by officers at Zonal level are seldom or never conducted. The level of teaching is so high that even students reading in these schools cannot even write their names. This revelation was made some years back by none other than Mr Ajit Kumar then Commissioner of Education who had visited a school in Rajouri where scholarship was being distributed. Even after introduction of Middle Standard Examination there has been no tangible or discernible improvement in the standard of education of these students. We still come across students who cannot write their own name in Hindi or Urdu correctly. The very idea of introduction of Middle Standard Examination has certainly opened avenues to a group to make a quick buck and provided a huge corpus of funds to SIEs earlier and now to offices of Chief Education Officers. In the present dispensation the system brings to girding halt normal functioning of many a school as teachers from there are drafted for operation of MSE as well as in the district level office. In fact we are mute witness to hard-ships faced by teachers and others whose papers remain pending in the office of chief education officers or even in the offices of zonal education officers.

At the high school level too the picture is no better the so-called headmasters or headmistresses are not competent to manage schools. All good schools are left at the mercy of 'Sifarshi' heads who are out and out to appease their mentors. School property is disposed of to present periodic gifts to higher ups in the bureaucracy and politics. Problems of high schools are similar to those of Higher Secondary Schools hence shall be discussed with them.

Situation of education at schools is most messy at Higher Secondary level. These schools are most mismanaged. Postings and transfers to these schools are governed by all consideration of caste, community, religion and even money. Political influence is most diabolic weapon to reach to the highest level. Merit and competence is of no merit while posting persons to these institutions. Persons working is not above board manage to get plum postings thanks to their rightfully orchestrated political connection. Orders of transfers and postings if examined carefully would reveal that persons with rightful connections have managed zero kilometer transfers. The so-called officers of IAS appear dwarfed before these mighty. They can have no programme other than looting the schools to make money which they have spent in getting their posting orders. If our so-called honest officers of school education department ever care to check the service profile of these so-called efficient officers it would be apparent even to suffering with myopia of favouritism that some thing is fishy in so far as postings are concerned. Perhaps the cruelist Joke played by the Government in Education Department was when transfers of principals was ordered in March this year. People working in Jammu since 1980 have been adjusted in Jammu city even after having a tenure of comfort in Jammu. Not only this these worthies of Education Department would lisprage their colleagues for having to move out of city after a tenure. Fate of these who have never served in the city even in their entire service could be well imagined than described. There appears to be no ground rules for transfers but only rightful connections with the powers that be is insurance for choicest transfer. We are at a loss to visualise discrimination against merely because he, she belongs to some such community who has not produced a pimp or tout for bargaining transfers. If one happens to be up-right it is surely a stark disability for that individual.

In class room teaching we hardly see any discernible teaching in any class. This partly is because the Department has not fixed any optimum class strength. We can have classed of 30 to 120 students and in some cases the strength may be even 200, mind you the best class room has hardly 30-40 desks to seat all. What our respected teachers teach to such classes is for your readers to infer. Teachers encourage students even at higher secondary level to read cheap guides rather than text books. Methodology adopted in teaching is generally dictating notes in incorrect English without any effort begin made to bring out originality of the students to the fore. Reading habits have been replaced by cramming of ill prepared notes of ill-equipped teachers. This practice has gained acceptance with the system since the introduction of internal examination of class XI has made the teacher sole arbiter of fate of poor students. No wonder we see even teachers of pure arts subject doing a roaring business of private tuitions as they only have the writ and discretion to pass or fail a poor hapless student. Nothing tangible is done in laboratories in the name of practicals. These are unequipped or at best ill-equipped. No worthwhile materials are supplied by the Department nor are any grants allotted to individual institutions to make any pruchases. Thoughtless and futile changes in practical syllabi has further confounded the confusion. Only paper work is done. Even if nothing is done, candidates are able to secure 90 percent to 100 percent in practical examinations! None is failed in practicals as examiners are in know of what they have done at their own level. Strangely even though purchase of science items has been centralised yet nothing worth-while has been purchased till date by the department. May Lord increase the tribal of such efficient officers. We have libraries where no books are available yet librarians, library assistants and library bearers have been posted in schools.

Our Educationists and administrators are hardly interested in what is going on in the department so long as their interest are secure. They cry wolf only when their interests are not served be it in the form of inconvenient posting of their wives or friends or if they are asked to justify their work.

Bare footed Guru ji of Poonch
Academic Pulse

By Prof S K Bhalla

He was called Guruji by his students. The reference is to Master Prem Nath. "He was an impressive figure. A man of medium height, barrel chested, forehead, squarely symmetrical with deep furrows, face-a complexion of wrinkles that forms and breaks like rivers on the map of a drainage system, his nose crooked and eyes deep. He had wide feet as also no lethargy as he would support himself on a crutch while footing the distance." He had been attacked by a dangerous physical ailment. His toes were hard-grafted and splayed, the heels cracked by the extremes of temperature.

The aforesaid description aptly sums up the physical constitution of the forgotten teacher who rendered yeomanry service during the course of his service career at Higher Secondary School for Boys, Poonch. He taught generations of students and some among whom rose to eminence in various departments of life. Dr K L Kapoor, Ex-HoD Surgery, Govt Medical College, Jammu, Dr P Raj Behl, M.s., F.R.C.S. (Eng.) now at S. Fakeet Hospital, Jeddah, Saudi, Arabia, Dr. Anil - an upcoming Opthalmist at Govt. Civil Hospital Poonch, Retd. Brigadier Chuni Lal, Padam Shree S. N. Khajuria, K. K. Kapur Rtd. District Planning Officer, Sh. Hem Raj Retd. BSF Commandant, Lt Col Puran Chand Sharma, Scientist Gajan Singh of the Atomic Energy Deptt., Er. Tirath Ram presently at Newzealand, Er. Sadhu Singh and Retd. Commandant BSF J M Behl are a few prominent names in the long chain of students who studied at his feet and were blessed by him.

Originally a native of Hoshiarpur (Punjab), Sh. Prem Nath at one point of time came to Srinagar and on hearing that a great sage Bhai Dharam Dutt Ji dwelt at Poonch travelled all the way for his 'darshans' to the border town. He spent the rest of his life there as he joined Govt. service. He was no Ph.D or D. Litt but student upto 12th Class, who in due course of time did BEC the teacher training course. He was a bachelor who would put up in a 'KUTIYA' near Rive Poonch surrounded as it was by open fields and tall mountains. This cottage had become the hub of students especially from poor families whom he would teach right from languages (English, Hindi, Urdu Sanskrit) to Maths without charging anything. Perhaps in those days the imparting of education was a sacred exercise.

The only consolation was in terms of students, veneration of Guru Ji as they would also look after his daily needs/chores which again were not too many. Here it shall not be impertinent to inform the readers that out of his monthly salary he would assist the down and out for the purchase of books, uniforms, copies etc. as in a way he would empathise with the indigent. He had only one mission in his life-to inspire with noble thoughts the generation of his times as also involve himself in little acts of kindness as his heart overflowed with the milk of human kindness.

He had not issued an injunction to his students to address him as Guru Ji. This epithet he earned out of his selfless devotion to the cause of education and spontaneous affection which outpours from others itself in abundant measure when one has no personal benefit lurking in the core of one's heart. Master Prem Nath did not hanker after any Governmental honour as is the want these days but continued to work with single - minded devotion till the days of his life. Luckily, he was my teacher too and what soever little I have learnt in life is because of his inspiring genius and close association as he was an amalgam of excellence in academics and spirituality - the hallmark of a great teacher. He retired from Govt High School, Chandak after putting in about 30 years of Govt service and was also a recipient of Teacher Award of State Govt.

Unrequited 2001!
TALES OF TRAVESTY

By: Dr. Jitendra Singh

As 2001 comes to a close, the average Indian youth is at his wit's end --- totally confused and directionless. His education has failed him. It was always the more deserving, the more scrupulous, the more diligent who forged ahead, he was taught. But we failed to teach him the distinction between the rich and the poor, between strong and the weak, between the son of a Minister and the son of a cobbler, between the son-in-law of a State VIP and the son-in-law of an ordinary mortal.

The resourceless Indian youth has ceased to move. He has ceased to grow. He has become stagnant and hopes in vain to break the inertia with thoughtless dance, drink and din that mark the celebration on New Year eve.

2001 was the year that threw up new issues for politicking and also threw up one crisis after the other for politicians and semi-politicians to fish in troubled waters. 2001 was the year that once again exposed the country's secularists as much as the religious fanatics. 2001 was the year when beneficiaries of scams and embezzlements earned society's respectability and became celebrities overnight. 2001 was yet another year of Kashmir unresolved. 2001 was the year when terrorism rose from the subcontinent to strike the heart of New York city and then rebound back to the portals of Parliament House in New Delhi. 2001 was the year when Jammu too continued to suffer periodic bomb blasts and militant shoot-outs. 2001 was the year when Jammu continued to suffer in the hands of its self-appointed leaders as much as in the hands of self-seeking state henchmen. 2001 was hatred and distrust multiplied manifold. 2001 was yet another twelve months of hunger and unemployment.

For the common man, 2001 was no better than 2000! Will 2002 be any way better than 2001?

The common man is horrified. He is apprehensive. The question of his survival is uppermost in his mind. Will all these hostilities permit him to live through the whole of 2002? How long --- after all --- how long, can he dodge the combined menace of fanaticism, nepotism, discrimination, exploitation, injustice, corruption, violence and unemployment?

Nonetheless. There is hope. The dawn of 2002 will herald the wish in Rabindranath Tagore's hymn "Swiftly come, O lovely star of dawn. For the night has run its course---".

Umapathy looks forward to 2002 with the belief that a day will come when man will learn to live without harming his fellow beings. For, Love is only temporarily static. In the end, Love is destined to flow as does the water which may get choked with debris and rubbish of broken banks but, sooner or later, it again begins to flow. Its flow cannot be arrested for long. And, those who dare arrest the eternal flow of Love would do well to heed the bard's advice "Aks Khushboo Hoon Bikharney Se Na Rokey Koi, Aur Bikhar Jaun To Mujh Ko Na Samete Koi!"

Code without conduct

By Aye Cie

After their recent one-day meeting in Delhi, the remedies suggested by presiding officers and elected representatives for arresting the alarming decline in discipline and decorum in legislatures looks more optimistic than realistic. That their labour was shared by the top personalities of the land does not force a change in this assessment, cynical though it might appear to some.

Concern over fall in the standards of behaviour of elected representatives has been expressed often enough at various fora, including state assemblies and Parliament. The crowning effort, so to say, came in the golden jubilee year of free India when a special session of Parliament was called and the Lok Sabha, presided over by P.A.Sangma, passed a lofty resolution to express the members’ determination to do everything to uphold the dignity of the House..

The Lok Sabha proceedings since then have been no different from previous years with members continuing to frequently assaulting the dignity of the House with unbecoming conduct. That the number of disorderly scenes in Parliament has been less or more after the golden jubilee year resolution is immaterial; what matters is that a resolution to which every Member had sworn solemnly was forgotten and reduced to a piece of paper no sooner it had been passed- ''unanimously".

On matters relating to personal conduct, ethics and transparency, many of our elected representatives are overtaken by amnesia. Failing to file tax returns is only a small matter in the face of a determined stonewalling of all efforts to get the honourable Members to declare their assets, even though they may be "benami".

Rightly or wrongly, the impression in the public is that most of our legislators become disproportionately rich no sooner do they enter public office. Indeed, the general feeling is that winning election is the fastest way to riches with the added advantage of immunity from law

That is why so much of money and muscle power, not to mention other unfair practices, are common at poll time. Those already rich-no matter how that status was attained-are desperate to win elections to wield influence that not only ensures continuous multiplication of wealth, but keeps the long arm of the law away from them.

Cases relating to corruption among elected representatives face a near certain doom. Now, even ‘'on camera" indiscretions of these important people are to be treated as "misleading, distorted and false". Corruption has disappeared suddenly from high quarters!

The deplorable conduct in Parliament-and state legislatures-would seem to arise basically because politics of today has slipped to shocking low levels of morality and ethics. Though their numbers may be few, almost every House in the country has the presence of persons of questionable antecedents who display scant regard for decency and decorum.

Despite all the sanctimonious noises political parties make about the need to keep "criminals" out of politics, more and more of that tribe gets represented in various legislatures than ever before. At that, political parties are moving in the direction of "zero tolerance", shunning, if not frowning any frank in-house discussions so essential for internal democracy.

Shutting out voices of dissent is a constant endeavour within political parties and elected bodies. In such conditions elected representatives—both who have a genuine desire to speak out on serious issues and those who look for opportunities to bring them in limelight—find shouting and indulging in "antics" in legislatures a good outlet.

Institutions like legislative bodies suffer grievously when their sessions are reduced to a few days’ farce. All too brief sessions-lasting a couple of days— clearly suggest that ruling parties do not want to face criticism from the Opposition. The disease of dwindling sittings is rampant in state assemblies, but is slowly but surely inching towards Parliament.

The reluctance of ruling parties to call sessions of reasonable length was duly noted at the November 25 New Delhi conference on "discipline and decorum in parliament and state legislatures".

A resolution passed at that meeting asked for immediate steps to ensure that legislatures that have more than 100 members should have a minimum of 110 days of sittings in a year while legislatures with lesser strength should have at least 50 to 90 days of sittings. If this suggestion is accepted by legislatures across the country, it is quite possible to see some old dignity restored to these august bodies.

But the length of an Assembly session alone will not improve things. It is fashionable not just among politicians but many intellectuals also to pay lip service to emancipation of the under privileged more and more of whom, it is argued, must be installed in position of power and authority. Empowerment of the downtrodden is certainly a laudable aim, but there can be no hasty route to achieve this.

There are many in the country, who feel that a minimum qualification should be prescribed for contesting elections to state assemblies and Parliament.

But no government or ruling party in power will dare to implement this eminently sensible suggestion for fear of losing votes. More importantly there is a plausible apprehension that setting out qualification for contesting elections to assemblies and Parliament will be seen as a retrograde step.

While educational qualification is no guarantee of good behaviour in an elected body, it is needed because lawmakers cannot do any justice to their job if they are illiterate or semi-literate. Members have to be aware of the magnitude and implications of their duties and the impact of their actions and decisions on the lives of millions of people. They ought to know how to fulfil their role as lawmakers.

The presiding officers of elected bodies often blame the media for not paying enough attention to the "serious" business in their Houses. This criticism would have carried more weight if the participants in "serious" business themselves pay more attention to "serious" proceedings and crane better armed with facts and figures.

Everyone who has sat through the Lok Sabha proceedings, for instance, knows that the debates on so-called serious issues rarely see good attendance. It has become almost a rule that debates on issues raised with all fury and gusto during an earlier part of the day begin with almost minimum attendance. In fact, quite often the debate is interrupted by lack of quorum. And many of the participants in the "serious" debates show more interest in talking politics than sense.

The efforts made at New Delhi conference on November 25 were certainly praiseworthy even though there appeared to be an emphasis on presenting the rules and procedures of conducting business in legislatures in the shape of a pious declaration in the presence of the President, the Vice-President, the Prime Minister, Leaders of Opposition, 300 delegates from all over the country, 59 presiding officers and 12 chief ministers.

The question is will the 60-point November 25 resolution be able to achieve the aim of restoring dignity of high order to the proceedings of legislatures; at least, of a degree that forces a by now sceptical public to consider our Assemblies and Parliament high temples of justice and decorum. As of now, it is difficult to offer an unqualified yes in reply, more so after witnessing the Post-November 25 events in parliament.
-Syndicate Features

Strengthening the basmati case

By Satyendra Pratap Singh

There are conflicting reports on the "success" of the Indian Government in protecting Basmati from patent piracy. There may be a better chance of protecting Basmati if the issue is taken as one concerning trademark infringement rather than as one about usurpation of patent rights. The report recently released by the panel on the "US Omnibus Appropriations Act of 1998" carries certain arguments and observations that could help India take the Basmati issue to the Dispute Settlement Body (DSB) of the World Trade Organisation on the basic of trademark infringement.

The dispute between the US and the European Comminutes (EC) was the consequence of the denial of trademark registration to a company called Havana Club Holdings. The company was denied the "Havana Club" trademark for the rum it sold in the US, as the trademark of a company said to have been confiscated by the Cuban Government was involved.

The Omnibus Appropriations Act of 1998 stipulates that trademarks can be used only with the approval of the "original owners" - that is, those who owned the trademarks before their confiscation. While the confiscation angle is understandable, given that the US still has sanctions imposed on Cuba, we should focus on the trademark aspects of the dispute to protect Basmati.

One should ask the question whether the "original-owner" clause stipulated by the US Act should not also be applicable to Indian farmers, who have been cultivating Basmti rice for hundreds of years. In contrast, the trademark Jasmati was registered in the US on November 30, 1993, and Kasmati on June 25, 1996. Article 23 of the Trade Related Aspects of Intellectual Property Rights (Trips) Agreement protects wines such as champagne to the extent that a comparable product grown elsewhere cannot be described as being of the same "kind", "type" or "style".

On the other hand, the US Patent and Trademark Office (USPTO) has deemed the rice lines of the Texas-based Rice-Tec Inc. as superior to Basmati. While the WTO Agreement provides additional protection to the original owners to wines and spirits, the original owners of Basmati rice appear to be underprotected. One of the arguments of the European Community related to Section Two of the US Trademark Act. The USPTO, under this Section, can refuse registration to trademarks that are considered immoral, deceptive and scandalous.

Relating this argument of the EC to the Basmati issue, the question arises whether the USPTO erred in certifying the rice lines of Rice-Tec, including BAS 867, RT 1117 and RT 1121. The rice line BAS 867, in particular, appears to be deceptive in nature. This combination of letters and numbers on a packet of rice on an American supermarket shelf has the potential to confuse, if not deceive, the average consumer. Such a "deception" is also not allowed under a US legislation called the Lanham Act, which allows affected parties to prevent the use of a trade name that is used in a manner likely to cause confusion or deception. Paris Convention 1967.

The Paris Convention, with origins in the 1980s, is concerned with the protection of industrial property on matters ranging from patents to trademarks to appellations of origin. The convention, to which both the US and India are signatories, not only encompasses industry proper but also agricultural industries and natural products, such as wines, grains, fruit, flowers, flour, and so on. Basmati rice, being a grain, gets protection under the Paris Convention. The Paris Convention also makes clear mention of trademarks that can confuse when they imitate existing and well-known trademarks, whether they are of industrial or agricultural products.

There are provisions in the Convention that allow countries to refuse or cancel the registration of a trademark if it is a reproduction, imitation of translation of a will-known mark. The Kashmiti or Jashmiti trademarks, which are indicated as "live" in the US trademark registry, violate the spirit of the Paris Convention. The use of BAS 867 as a trademark of a rice line can fall into the category of an imitation that causes confusion among consumes.

Interestingly, the world "Mati" means, "eye" in Greek, and there is a US registration for this trademark. However, there is no conflict of interest as the registration has been given to a New Mexico company in the retail jewellery business.

Another observation made before the panel hearing the Omnibus Appropriations dispute was about the US' practice of conferring trademark ownership on the basis of use. This system of ownership rights is also applicable to trademarks that have been in use outside the US. This aspect of US' law must be viewed in the context of the Basmati trademark, which has been used in India, in one form or the other, for a number of years.

Thus, the registration of Jasmati in 1993 and Kasmati in 1996 does not seem to have the required legal sanctity if the qualification for trademarks ownership is based on prior usage.

The various aspects discussed during the course of the dispute, such as those relating to "original owners" of the trademark, "prior use" of the trademark, and the stipulation that trademarks must not imitate, confuse and deceive, should strengthen the Basmati case, India's position will also be fortified by the finding of the Dispute panel that the Omanibus Appropriation Act of 1998 prevents owners, original or otherwise, from having an equal opportunity in US courts.

Therefore, there is a strong case for the Indian Government to take the Basmati issue either to the DSB or US courts in the event of RiceTec Inc. producing and marketing rice with trademarks that are identical or similar to Basmati. INAV

Threat of nuclear terrorism

By Satyabrata Rai Chowdhuri

The head of the International Atomic Energy Agency says that the ruthlessness of the September 11 attacks has alerted the world to the potential of nuclear terrorism making it far more likely that terrorists could target nuclear facilities, nuclear material and radioactive sources worldwide.

Experts from around the world met at the IAEA at an International symposium in Vienna from October 29 to November 2 to focus the importance of nuclear safeguards, verification, security and above all the issue of combating nuclear terrorism.

"The willingness of terrorists to sacrifice their lives to achieve their evil aims creates a new dimension in the fight against terrorism. An unconventional threat requires an unconventional response, and the whole world needs to join together and take responsibility for the security of nuclear material, because radiation knows no frontiers," said Mohamed ElBaradei, IAEA Director General, whose Agency sets world standards for nuclear safety and security.

The IAEA, the UN nuclear watchdog agency based in Vienna, helps around the world to prevent, intercept and respond to terrorist acts and other nuclear safety and security incidents. It is the only international response system in place that would be in a position to immediately react to assist countries in case of a radiological emergency caused by a nuclear terrorist attack.

According to the IAEA, since 1993, there have been 175 cases of trafficking in nuclear material and 201 cases of trafficking in other radioactive sources. However, only 18 of these cases have actually involved small amounts of highly enriched uranium or plutonium, the material needed to produce a nuclear bomb. IAEA experts judge the quantities involved to be insufficient to construct a nuclear explosive device.

"However, any such materials being in illicit commerce and conceivably accessible to terrorist groups is deeply troubling," says ElBaradei.

There has been a six-fold increase in nuclear material in peaceful programmes worldwide since 1970. According to IAEA figures, there are 438 nuclear power reactors; 651 research reactors; and 250 fuel cycle plants around the world, including uranium mills and plants that convert, enrich, store and reprocess nuclear material. Additionally, tens of thousands of radiation sources are used in medicine, industry, agriculture and research.

Although the level of security at nuclear facilities is generally considered to be very high, security of medical and industrial radiation sources is disturbingly weak in some countries. "The controls on nuclear material and radioactive sources are uneven," says E1Baradei. weak security link and loose, nuclear material in any country is a potential threat to the entire world. Although terrorists have not yet used a nuclear weapon, reports that some terrorist groups, particularly Al- Qaeda, have attempted to acquire or have already nuclear material is a case of great concern.

IAEA experts have evaluated the risks for nuclear terrorism in the following three categories: nuclear facilities; nuclear material and radioactive sources. These experts believe the primary risk associated with nuclear facilities would involve the theft or diversion of nuclear material from the facility, or a physical attack or act of sabotage designed to cause an uncontrolled release of radio-activity to the surrounding environment.

Prom its inception, the nuclear industry has been keenly aware of the dangers of nuclear material falling into terrorist’s hands. At all levels-State and international- there is a complex infrastructure at work to ensure nuclear material is accounted for, safeguarded from diversion, and protected from theft and sabotage. Most nuclear facilities are protected by well-trained security forces and are extremely robust, designed to withstand earthquakes, tornado-force winds, and accidental crashes of small aircraft. Although it is not automatic that any attack would result in a release of radioactivity, there are however many industrial facilities which are not properly hardened to withstand natural calamities or acts of war.

The extent of damage that could be caused by the international crash of a large, fully fuelled jetliner into a nuclear reactor or other nuclear facilities is just a matter of conjecture. Nuclear facility designs vary from country to country. So studies will have to take specific plant designs into account. After September 11, everyone has realised that nuclear facilities -like dams, refineries, chemical production facilities or skyscrapers- have their vulnerabilities. There is no sanctuary anymore, no safety zone.

In non-nuclear weapon States, the IAEA carries out international safeguards and the verification tool entrusted to the IAEA in the 1970 Treaty on the Non-Proliferation of Nuclear Weapons (NPT), play an important role in reducing the risk that terrorists could acquire nuclear material without detection.

The nuclear weapons programmes in the five big Powers as well as any that may exist in India, Pakistan and Israel, the three non-NPT countries, are not under the purview of IAEA safeguards. it is hoped that these countries are urgently reviewing the safety and security of their nuclear facilities.

"There have been two nuclear shocks to the world already- the Chernobyl accident and the IAEA’s discovery of Iraq’s clandestine nuclear weapons programme," says ElBaradei, lit will be vital we do all in our power to prevent a third and that is the reason why the IAEA plans to significantly expand its advisory services and help States upgrade protection of their nuclear materials. IR IAEA experts are concerned that terrorists could develop a crude radiological dispersal device using radioactive sources commonly used in every day life. The number of radioactive sources around the world is vast: those used in radiotherapy alone are in the order of tens of thousands. Many more are used in industry, for example to check for welding errors or cracks in buildings, pipelines and other structures. They are also used for the preservation of food. In fact, there is a large number of unwanted radioactive sources, many of them abandoned, others being simply "orphaned" of any regulatory control.

Such a weapon, sometimes referred as a "dirty bomb," could be made by shrouding conventional explosives around a source containing radioactive material, although handling the nuclear material could well be deadly. And contamination even in small quantities could have major psychological and economic effects. The accidental contamination of GolAcnia, a major city in Brazi1, with a medical radiation source exemplifies the potential for a terrorist group to wreck havoc on an urban centre.

Today, we are dealing with a totally new equation since 11 September. These terrorists demonstrated before our eyes their determination to achieve their ends. The deadliness of handling intensely radioactive material can no longer be seen as an effective deterrent.



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