People to People U.S.‐India Law Forum

Day 1—Depart for India Saturday, February 28, 2009

The radio begins to play at 3:50 a.m. I am already half‐awake and jump out of bed quickly, probably because today is the start of the “Great Indian Adventure.” I shower and shave in 30 minutes, double check the bags, and we’re off to PDX. Daughter Kate drives me. She was out late last night at a friend’s birthday party where she met a Professor of art criticism from Pacific Northwest College of the Arts. She advised Kate to get a Masters in art history—from outside of Portland (maybe at the University of Washington in Seattle). She thinks this is the best ticket to a teaching position back in Portland. Kate thinks this makes sense. We kiss good‐bye at the airport and she promises to pick me up when I return.

Check‐in is faster than I expect, even though there are lots of people. “Better get used to it,” I think. “There are 1.1 billion people where I’m going.” With some trepidation, I check my bag all the way through from PDX to Delhi. I feel lucky, I guess. Wheels up at 6:10 a.m. and the adventure begins. The first leg is PDX to Salt Lake City. ETA is 12:30 p.m. (Mountain Standard Time).

I crack open In Spite of the Gods—The Rise of Modern India, by Edward Luce, a Brit who spent four years in India as Bureau Chief for the Financial Times. This is one of two books recommended by Jaswant Singh, the first Indian External Affairs Minister of the BJP Party. It looks like a good read. Salt Lake City to Newark is uneventful. The International check‐in goes smoothly. They take the documents seriously. My Passport and boarding pass are double and triple checked!

Before boarding, I chat with a Sikh from Detroit who is returning to India to visit his parents in Punjab. Although he was born in India, he is now a U.S. citizen. We talk about foreign relations. How did the U.S. end up tied to Pakistan—and distanced from India? He thinks maybe because India linked up with the Soviets during the period of “non‐alignment” in order to get military hardware. It was the Cold War, so we needed a friend in the neighborhood to help “contain” the Communists. Pakistan was the available alternative. We both agree that times—and circumstances—have changed. India and the U.S., the two great democracies— belong together now.

The “big leg” begins. We’re flying a Boeing 777 at more than 32,000 feet above sea level. Our ground speed is about 640 miles per hour. The distance from Newark to Delhi is 7,700 miles. Our route is a circle North across Labrador, Greenland, the North Sea, Norway, and then South through Russia, across Afghanistan (the home of the Moguls), and finally to India. The flight will take something like 13 hours.

The temperature outside right now is ‐65 degrees Fahrenheit—quite a contrast from Portland and an even greater contrast from Delhi. The pilot tells us it will be in the high 70s or low 80s when we land.

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Day 2— Arrival in Delhi Sunday, March 1, 2009

A long, long, long time in the airplane. The seats get smaller and smaller. It is a form of torture that should be banned by all civilized Nations! The food is decent. I choose the vegetarian meal, which pleasantly is respectable Indian faire.

I pass the time talking with Rahkee, a 33‐year old Indian woman who lives in Dallas, TX, and is now a U.S. citizen. She came to the U.S. after college (at Hindu university in Delhi). At first she was a computer programmer for a company in D.C. The she got a Masters at Texas Christian University and stayed in Texas where she is now a manager of software contracts. She’s a Republican! However, she thinks Obama will be good at “softening America’s image” overseas. Rahkee is very hard‐line on Pakistan, the Taliban and Islamic terrorists. “Bomb them,” she says. “It is the only solution.”

Not much sleep. I wash up and brush the fur off my teeth. It feels good, but I could sure use a hot shower and a shave. Not to worry. We will be on the ground soon. ETA is 8:40 p.m., and it comes sooner than I think.

Delhi’s airport is big and modern. Lots of security. Many wear dark British khaki shirts with tan pants and side‐arms. Others sport a khaki version of what SWAT teams wear in the U.S., complete with baseball caps. They carry automatic weapons. All are Delhi police. I ask one officer with three stars on his shoulder what they signify. He is a Commissioner.

Immigration is very quick. Not a single question! Baggage is not so quick. My bag comes near the end—and I begin to wonder if it is lost. An airport worker asks me to follow him to the other side of the ramp. There are about 20 bags lined up and one of them is mine. Whoopee!

Outside baggage the local People to People staff greet us. Balu Menon, Siju Mangot, Manoj Abraham and Sandeep Singh.

Waiting for the “Big Orange Coach”

Each of us gets a garland of bright marigolds. Orange and yellow and white. Very Cheerful. Namaste! Namaste! We are all happy to be on the ground again. We board a big orange coach. The ride to the hotel from Delhi airport is about 40 minutes on a 4‐lane. We drive maybe 30 mph. I begin to get the hang of Indian traffic. Nobody stays in any lane. Everybody overlaps lanes. For good reason too. There are all sorts of vehicles on the

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road—cars, trucks, rickshaws, bicycles, scooters and motorbikes, and a variety of animal drawn carts. Even some pedestrians.

On the ride, I chat with Balu Menon, the owner of our local tour company. He is an articulate, efficient and friendly young man. He started in the hotel business after getting a degree in hotel management. His first position was managing a hotel travel desk. After a while, he noticed there was a need for tour guide services. He made an arrangement with a British tour company to set up and run their Indian tour operation. A couple of years later, he went out on his own. In order to get a bank loan to start the business, he needed a sign‐ off from an Indian government official. No problem. His father was a government official, and his father signed the papers. Balu’s business prospered and he now owns and runs a pretty big operation.

We talk politics. There is a national election coming up in about six weeks. The ruling party today is Congress. They have a small numerical edge in Parliament over the BJP party. Balu thinks Congress are doing a good job. “Their programs are good for India,” he says. We talk about local beverages. I ask what is the most popular drink in India. “Alcoholic or non‐alcoholic,” he asks. I say both. He tells me that rum and coke is the most popular, with the local beer a close second. It is called Kingfisher, and I develop a fondness for it. The non‐alcoholic preference is Coke or Pepsi. We see signs for the two colas everywhere. They are locked in a fierce battle for market share. Tea is a second‐tier competitor, surprisingly, although later as we travel about in the countryside I see men everywhere gathered in the shade drinking tea and talking.

Our hotel is the Lalit InterContinental in the center of Delhi. Again security is ever present. Armed guards inspect the underside of our coach with a mirror. We pass through a metal gate into the reception court. We debark and put our carry‐on bags through an x‐ ray machine. Two 6‐foot Sikhs with huge mustaches greet us. Another armed guard passes a metal detector wand over each of us.

The lobby is spectacular in white marble with antique bronze sculptures, colorful modern tapestries and a huge sculpture of three bulls. Very chic. Very cosmopolitan. Indian staff. Guests from all over the world.

We are served fruit juice and finally sent off to our rooms. It is 11:00 p.m. local time (13 ½ hours ahead of Portland time). I am excited to be here at last, but very tired. Lobby of the Lalit InterContinental, Delhi

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My room is quite nice. But I can’t figure out the lights. Finally I get it. You have to put the room key in a slot—and leave it there. I still can’t figure out the bathroom light switch. Never mind. I shower in the dark. It is wonderful. Finally I figure out the switch. Never mind again. It’s time to use the big white King‐size bed. (I have my own room because my assigned roommate for Delhi didn’t make the trip.) Posh!

Breakfast is at 7 a.m. Sweet dreams!

Day 3—Delhi Monday, March 2, 2009

Breakfast is a buffet or, more accurately, a smorgasbord. Everything from fruits, nuts, cereals and yogurt, to traditional eggs in all styles with broiled tomatoes, toast and sweet rolls, to an Indian banquet. I choose Indian and it is a delight.

After breakfast, we gather for an orientation briefing. Some general stuff about the food and water, the people and what we will be doing. We will be meeting with ministers, members of Parliament, judges, bar leaders, lawyers, faculty and students. Balu and Richard Pena, our delegation leader, stress the need to be polite and politic. Remember we are diplomats representing our country and our profession. Stay away from embarrassing topics—Pakistan, corruption and the like.

This day we will be tourists. We board the big orange bus and meet our guide, Purti ____. She is lovely in a traditional rich maroon, silver and gold sari, and is witty, knowledgeable and entertaining. We drive by the Red Fort, un‐restored since the days of the Raj (and so we do not stop). Our first visit is to the Jami Masjid, built by the Emperor Shah Jahan in 1656. We join tourists, and worshippers inside. This is the largest mosque in India; the huge square courtyard holds more than 20,000 people at prayer times. It took six years and 5,000 workmen to construct.

India’s largest mosque, the Jami Masjid

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We emerge to climb aboard bicycle rickshaws for a quick dash through the crowded streets of Chandni Chowk. The streets are narrow and crowded with people, bicycles and animals. It all goes by too fast. There is barely time to look, let alone focus a camera at the kaleidoscope of colorful images that assaults us from every angle. Tangled electric wires overhead, with occasional lemurs. Dogs and more dogs. All skinny. Shops selling fruits, cloth, basic commodities and who knows what on both sides. I point and shoot as fast as I can. Many pictures come out as a blur, but some are okay. People everywhere—some in rational garb, some in modern togs. Most of them smile and many waive. All of them stare. It is not uncomfortable. I feel welcomed—a feeling that will last throughout our visit to India.

Chandni Chowk

We push our way through the hawkers to re‐board the orange bus. We are not used to them yet. They are good at grabbing our attention. They have learned how to make instant personal contact. “My name is Johnny,” says one boy. “Where are you from? You buy from me?” It is hard not to buy something.

We drive to the memorials, adjacent to the historic cremation site. Since the bodies were cremated, the memorials are not burial sites—simply places to go and to remember. We walk to the memorial for Mahatma Ghandi. It is a flat black marble slab with an eternal flame, surrounded by a peaceful garden. “My life is my message,” said Ghandi. His memorial seems to continue that message. A parade of Indian families visit the memorial along with us. Most seem to have teen age youngsters. All are respectful. The atmosphere reminds me of the great Mall in Washington, D.C. on a summer day, perhaps a visit to the Lincoln Memorial.

People smile at us. I talk with one family on holiday in Delhi for two days with their teen‐age son and daughter. The son, maybe 13 or 14, introduces himself as Lloyd. He asks me to take a picture of the family with their camera. We wait for his sister to join us. Everyone smiles.

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Many Indians visit the Ghandi Memorial

I am struck by the omnipresence of English. There are 1,652 languages spoken in India. Twenty‐two are “official” languages, but English is the only tongue common to all. In private schools (called “public” schools in the English manner), English is the medium for all instruction, and Hindi is a separate subject for instruction. In the government schools, teaching is in the “local” language, and English is a compulsory subject. So all “educated” Indians speak English, although the public schoolers are more fluent. Even those without schooling have some English. The more they interact with visitors, the more English they have.

After lunch, we drive past the seat of the Indian government, the Secretariat buildings, Parliament House, and India Gate. We leave the coach briefly to take pictures and encounter a beggar with a cobra in a basket. The snake displays its hood and sways back and forth. I’m told that the cobras we see have no fangs. I am not anxious to test.

Parliament House India Gate

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We visit Humayun’s Tomb. Built in 1193 by the second Mughal emperor, this first example of the garden tomb popularized Persian‐influenced architecture and was an inspiration for the Taj Mahal. The setting is serene. We all enjoy the tranquility. I sit on a bench for a while and feel refreshed.

Humayun’s Tomb

Dinner is back at the hotel at a lovely Indian restaurant. We are all tired, but several of us enjoy a drink in the lounge before turning in. Our first day on the ground has been busy, but tomorrow the pace promises to increase. Day 4—Delhi Tuesday, March 3, 2009

Day 4 begins at Amity Law School meeting with faculty and students. We arrive and are ushered into a reception area for tea and biscuits with faculty. I chat with Isheeta Rutabhasini, an Assistant Professor in the law school. She has been teaching at Amity since 1999. Her doctorate is in Public Policy. She researched economic development in her home state, comparing development in the coastal zone to development inland. As she expected, the coast is more developed.

We head upstairs to a large hall with tables arranged in a square (open inside) surrounded by chairs against the walls filled with students. We find seats at the tables and are joined by faculty. Mr. Lalit Bhasin, President of the Society of Indian Law Firms, welcomes us to the Amity Law School. (He will join us for most of the events in Delhi, and we learn that he is very influential.) Our delegation leader, Richard Pena, responds with a warm statement of friendship, stressing the need for cooperation between the U.S. and India. “We come in friendship and peace to further the relationship between our two great democracies, and to build a bridge between the members of our profession. This is a bridge to the future for two countries that share a passion for the rule of law.”

Professor M.K. Balachandran, the school’s Director, tells us about the history of the school and its accomplishments. Amity was started by Dr. Ashok Chauhan in 1999 to offer

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the first 5‐year integrated bachelors and law school program (called an integrated LLB honors program) in Delhi. It is a private law school affiliated with IT University, and is now ranked as the 12th best law school in India. Its students have won fourteen moot court prizes for Best Speaker.

Amity Law School

Students follow a semester system and average six courses each semester. There is a full‐time faculty of 20, with some adjunct professors, and each faculty member teaches two courses per semester. There is one University‐conducted final examination for each course (75% of the student’s grade). The rest of the grade is based on internal course work consisting of papers and shorter exams. The highest marks are in the range of 80 on a scale of 100. In the final year of study, each student must complete a 100‐150 page dissertation on a topic of her own choice under a faculty advisor. Each student must also complete an internship program before graduation. The school admits 160 students per year, and the graduation rate is about 90% over the five‐year program. Five classes have completed the program and graduated since 1999. Graduates have achieved good placement in LLM programs outside of India, in non‐Indian law firms (especially UK and Singapore firms), and in the top Indian law firms.

Following the formal presentations, we have a spirited give and take with the students that continues in small groups during an informal reception. The students are bright and earnest. They are most concerned about perceived deficiencies in the Indian court system, especially the over‐crowded dockets and long delays (20 years or more in some civil disputes). We talk about ADR alternatives used to ease the backlog in U.S. courts, such as Court‐supervised settlement programs and mediation. They want to know how you can get a result without a Court having jurisdiction (which requires a trial in their thinking), and we explain the apparently novel concept of a stipulated Court order.

Of course, they also ask questions about employment opportunities in the U.S. and the value of an LLM from a U.S. law school. We explain generally the admissions process to practice law in the several states, and the general necessity of completing a juris doctorate

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as a prerequisite to gaining admission to the bar in most states. The discussions are lively and good fun. Too soon it is time for us to leave.

Our next stop is the India Habitat Centre, a convention facility, where we spend the rest of the day.

(1) Ram Jethmalani—Member of Parliament and former Minister of Law and Justice. He presents a strong counter‐terrorism viewpoint. Islam of scholarship is the true path of the Prophet; not the Islam of the Mullahs. India, the U.S. and Pakistan should work together to rid Pakistan of the tiny minority of 10‐15,000 terrorists.

Ram Jethmalani with Richard Pena Delegates Rick Stone and Lilia Valesquez with Ram Jethmalani (2) Scholars Panel—Prof. Shalma expresses the view that women won political equality with Independence, but not social and economic equality. Bollywood is the true melting pot of Indian society. Discrimination in compensation for women is largely in the “un‐organized” sector of the economy, e.g., in the construction industry women and men get the same compensation on paper, but in reality women are paid less. Prof. Khan acknowledges that the “quality” of the Constitution of 1950 was “very high,” but says it was implemented in a context of feudalism and nascent economic development. In spite of everything, India has traveled a long way. Minorities have ruled India, but not in terms of religion. Strong tradition of secularism, tolerance and pluralism. Everything is not “rosy” for Indian minorities; they are not “happy” with the way the State of India has dealt with their cause for hope. Minorities are participating in politics, but not under a banner of religion. Muslims are participating through all parties in Indian politics (including BJP?), without having a “Muslim Party” of their own. India is the most open political society for Muslims in the World. However, India is surrounded by a “Ring of Fire”—consisting of both domestic and international terrorism problems. Pakistan is “very dangerous.” Prof. Abraham asks, “What is an Indian?” There is a long history of pluralism—of living together with other communities. Prof. Khan says there is a need to de‐link terrorism from religion, to de‐link terrorism from Islam as a religion (even if terrorism claims to act in the name of

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Islam). This de‐linking should come from Muslims themselves. The Nation states should adopt a principled position opposed to terrorism, and commit to elimination of terrorism wherever it is found.

(3) Parliament Panel—Dr. E. M. Natchiappan, a Member of Parliament from Tamilnadu, spoke to us generally about the legislative branch. He is a member of the Congress party. Later, we have a one‐on‐one discussion. He is most interested in my views on terrorism, Pakistan and Afghanistan. We also discuss the needs of the Indian Army. He asks lots of questions about the U.S. Army’s Stryker vehicle. Our discussion is another example of the extraordinary level of interest that the Indians seem to have in the issues of security and terrorism. I also talk one‐on‐one with Ram Jethmalani about the same subjects. He invites all of us to his house for a dinner party.

Day 5—Delhi Wednesday, March 4, 2009

We start the day traveling on the big orange coach to Gurgaon, a sort of commercial new New Delhi populated by chic skyscrapers. This is where the modern businesses are planting there flags in Delhi. Our first stop is at the main office of Kochhar & Co., the largest law firm in India (27 partners, 104 associates, 12 of counsel and consultants). Hourly rates are US $350/hr. for a senior partner; US $150/hour for an associate. Partner K.V. Singh makes the main presentation, a very professional summary backed by a slick—and concise—PowerPoint. K&C has six offices in India covering all of the country except for the East. They also have offices in the U.S. (Atlanta, GA), Singapore and Tokyo. The firm offers a full‐service commercial capability, including a strong litigation practice headed by partner Syed Naqvi. K&C represents many major multi‐nationals in India, including a larger number of Fortune 500 companies than any other Indian law firm. Significantly, the firm’s motto is “Service with a passion!”

Primary K&C selling points:

• Unique culture and philosophy

• Business‐oriented, practical and innovative advice

• Emphasis on clarity and accessibility to clients

• Strong hand‐holding approach

• Quick response time

• Strong ethical practices (considers itself bound by the FCPA, i.e., no bribes and no gifts); achieves results through meetings and clear information

• Fastest and most‐effective firm in dealing with the government

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Example: Ford was working with another firm in India. K&C said, “Think of the best law firm you know in India. Try us in a small matter. If we are only slightly better, don’t change. If we are substantially better, then give us more of your work. And Ford did, making K&C their only law firm in India.

Syed Naqvi is one of only eight lawyers in India specializing in water law. “Purpose of the Courts is to discover the truth. Cannot do this without an independent judiciary. This is a passion we share with the U.S.”

Part of the group meets with Quatrro BPO Solutions.

After lunch, we visit the Supreme Court of India. Unlike the U.S. Supreme Court, this court has more Justices and sits in different combinations (more like one of our federal Circuit Courts). Historically, there were 26 (now 31?) Justices. They sit in panels of two, three, five, seven, nine and even 13. A panel of five Justices or more is called a Constitutional Panel. A larger Panel can overturn a smaller panel, and a Constitutional Panel can overturn an act of Parliament.

While we wait for our meeting with the Chief Justice, we watch an oral argument (already in progress). The advocates all wear black robes, after the English tradition, but with no wigs. The case seems to be about challenging a decision turning an applicant down for medical school. It is confusing in part because of the rhetorical practice of speaking in the first person to advocate the client’s position. Thus, the young woman representing the appellant constantly—and not very effectively to my ear—asked, “My Lord, what am I to do? I did what I was supposed to, etc. What am I to do?”

The principal opposition counsel appeared to be a senior Sikh advocate with a full gray beard. He spoke less, and seemingly with more impact. Notably, there was much give‐ and‐take, and several advocates spoke for each side (as opposed to one advocate in our system) with much give‐and‐take. Later, I asked Ram if this was typical, and he said it was not. Nevertheless, it was pretty entertaining.

We meet with the Chief. He tells us the Justices of the Supreme Court select the new Justices for the Court. Typically, judges serve 6‐7 years before appointment to the Supreme Court. The Court’s caseload is huge. He says there are about 46,000 cases pending in the Supreme Court. They process maybe five cases per day; 25‐30,000 cases per year. Most of these are criminal cases, with the rest being appeals from the High Courts. The Chief is focusing on mediation as a way to reduce the caseload. They are getting a 65% settlement rate from mediation, but they need more trained mediators. The Chief noted the U.S. Supreme Court decides about 70 cases per year; “I figure they could take a few more cases,” he joked.

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The Supreme Court has very broad jurisdiction. It can entertain cases in almost any area of the law apparently. We follow Marbury v. Madison. The Supreme Court has final review over all governmental activities. A while back the Speaker expelled some members of Parliament, and the decision was challenged. The Speaker maintained that he alone had jurisdiction over the matter. The Supreme Court ruled it had power to review the issue, and upheld the expulsion. The only case to have a Panel of 13 involved the question whether the Constitution could be amended by an act of Parliament. The Court held that the Parliament cannot amend the basic structure of the Constitution. The Indian Bill of Rights are in the original Constitution, and many cases relate to enforcement of fundamental rights thereunder. Under Art. 32 of the Constitution, anyone can come to the Supreme Court for any of the writs, including habeas corpus. However, because of the high number of cases, writs in the Supreme Court are discouraged. People are encouraged to file instead in the High Courts for writs. The Chief assigns cases to Panels, and decides how many Justices and which ones will serve on the Panels. Typical cases are disposed of in five years or so. Smaller cases are decided with oral decisions, but more complex matters require a written opinion. The Chief has two law clerks, but they are too junior to write opinions. The Justices have to write the opinions themselves. “It is the Law of the Land,” he says.

Delegates with Mr. K.G. Balakrishnan, Hon. At Ram Jethmalani’s home of with his law Chief Justice, Supreme Court of India partner, Saurabh Ajay Gupta (in white) We finish the day with a dinner party at Ram Jethmalani’s elegant bungalow. It is a garden party with a full‐bar and sumptuous Indian buffet. There are many attendants serving us. The bungalow is white‐washed with an old style interior, high ceilings, white walls, many antiques comfortable wood and upholstered furniture. I spend a long time chatting with Ram’s juniors. They are very bright and articulate. One wants to come to the U.S. to practice law. We talk about options, risks and rewards. I recommend N.Y. or L.A. as the best cities to try. I spend 45 minutes or more talking with Ram sitting at my table. We talk about the two issues he cares most about—corruption and terrorism. We share stories. I tell him he

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reminds me of my father‐in‐law, Renn, who passed away last year at the age of 86—a man who is wise, but more than that, a man of great heart. We have a definite connection. He gives me a copy of his autobiography and signs it for me. I want to maintain this relationship.

Day 6—Delhi Thursday, March 5, 2009

We begin Day 6 at Hindu University where we go to hear the 16th Madhu Bhasin Memorial Lecture given by Prof. (Dr.) Ranbir Singh, Vice Chancellor of the National Law School University, Delhi. The subject is Legal Issues Concerning National Security. Lalit Bhasin, who funded this lecture series in honor of his first—a beloved member of the faculty at Hindu University—broke tradition and spoke at this lecture for the first time in honor of the American delegation’s visit. He met his wife Madhu at Hindu University in 1960. She gave me four beautiful daughters. She died in 1991. He invited us to attend because the issue is of international importance.

Hindu University, with Lalit Bhasin and with students

Prof. Singh noted India has been living with terrorism for a very long time. However, he said, we never took it seriously until the recent events at Mumbai and Lahore. “we need to be serious about terrorism now,” he said. “Everything has been said already but, as no one listens, we must begin again.” A variety of factors have combined to make this the most important issue of our time. The idea of the rule of law has been abandoned by some. What is needed is a comprehensive threat assessment and a re‐fashioning of the responses to the threat.

It is time to abandon the idea that investment in internal security is non‐productive. Such investment is essential to economic activity. Appeasement and compromise are not acceptable (e.g., the negotiated end to the Kandahar plane hijacking). The government must take things seriously, and must say, “Never again!” “Everybody is responsible to everyone for everything.” We need laws that give “real‐time responses to terrorism.” We

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need a comprehensive set of anti‐terrorism laws—new statutes. They must provide for identification and suppression of subversive elements who must be punished with vigor. We need to protect Constitutional rights, but there must be over‐riding legislation. “The link between crime and punishment must be swift and sure.”

In the afternoon, we visit the High Court of Delhi. It feels much like one of our county courthouses in a major metropolitan area. We meet the Chief Judge of the High Court, and six of the senior judges. The discussion is very similar to talks between the bar and the bench back home.

High Court of Delhi

Day 7—Delhi to Agra Friday, March 6, 2009

We are excited to be on the big orange coach en route to Agra. It is our first look at the Indian countryside. There is much to see. Agra was the capital of the Mughal court during the 16th and 17th centuries. We get to Agra in the afternoon, check‐in to our hotel, and leave to see the fort.

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On the road from Delhi to Agra

It is an imposing fortress with beautiful interior gardens surrounded by stunning red walls and white marble buildings. Constructed between 1565 and 1573, its massive red sandstone ramparts form a crescent along the west bank of the Yamuna River. A deep moat, once filled with water from the Yamuna, surrounds the fort. Indian women in their colorful saris are omnipresent—the red walls of the fort a perfect backdrop for their flowing beauty. This is where the builder of the Taj was imprisoned by his son. We climb stairs to an upper level in a white marble enclosure to see “the prison.” A marble lattice‐work provides a view to the horizon—and we see the Taj shimmering in the afternoon heat across the river. It is beautiful but very sad. To think that Shah Jahan was held in this gilded cage—on the other side of the river from the magnificent monument he built to the love of his life—for his final years.

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Inside the Agra Fort

Tomorrow we see the Taj Mahal.

Day 8—Taj Mahal; Agra to Ranthambore Saturday, March 7, 2009

I awake at 4:00 a.m., breakfast and get on the bus at 6:00 a.m. The bus takes us to the outskirts. We debark and walk ¼ mile or so to the entrance. It is quite peaceful. People are just beginning to stir, and the dogs are for the most part still snoozing in the dust. We wait outside the main entrance in two lines—one for men and one for women. An armed guard stares at us from behind a shoulder‐high barricade over the barrel of an automatic rifle. I don’t see the reason for separate lines until we finally get to the gate. There are metal detectors and everyone gets a pat down search (with a female officer for the women).

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Once inside security, we enter a large garden area—the outer gardens. It is manicured and quite beautiful. There is a great plaza with many tourists waiting to enter. At least half of the tourists are Indians. We approach a huge gateway arch, pass through, and behold. . . . We see the Taj in the emerging light of the rising sun. It is still pleasantly cool and the sight is breath‐taking, even as we are surrounded by a hundred or more jostling tourists straining to get their first glimpse—and a camera shot—of this amazing monument to love. The Taj does not disappoint. It is everything I ever imagined it to be!

All of us snap pictures. It is impossible to take a bad picture. The Taj is so photogenic, and so symmetrical. After a group photo by a professional, we stroll along a rectangular reflecting pool toward the Taj. The distance is maybe 400 yards or so. The symmetry is perfect—even when we divert to a side path. I cannot bring myself to take a picture that fails to capture the symmetry.

Up close, I can finally see the incredible decorative in‐lays and carving. They are beyond imagining—writing in black onyx set into the white marble surrounding each of the arched entryways into the tomb, intricate and colorful floral and geometric patterns meticulously set into the marble. Incredible! The writing is actually slightly smaller at the

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bottom, and grows larger as it moves upward, which creates the optical illusion that it is all the same size. Again, the flowing beauty of Indian saris is omnipresent.

The Taj truly is one of the Wonders of the World!

After the Taj, we separate into two groups. The main party heads back to Delhi and the flight home. Six of us board a smaller bus for the drive to Ranthambore and the tiger park. We lucky few still have a grand adventure ahead of us.

We travel through the countryside, first on a 4‐lane, then a 2‐lane and finally on a single lane that turns to dirt. The drive takes about five hours. We see rural Northern India, much more than we saw on the drive from Delhi to Agra. More and more camels, women working in the fields—never men working! They drink tea. I take many pictures.

The lodge at Ranthambore is perfect. Named Dev Vila, it is rose colored with a lovely central courtyard surrounded by a covered walkway. Bouganvillas and holleyhocks splash color along the outlines of a pleasant green lawn that doubles as a croquet pitch in the daytime. My room seems to be pure colonial India (very similar to the interior of Ram

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Jethmalani’s bungalow in Delhi)—whitewashed walls with marble flooring, wooden furniture with upholstered cushions, a colorful woven rug—very simple and elegant.

We enjoy a delicious meal in the cozy dining room. Excellent Indian cuisine (I never have a bad meal on the trip). Some lazy conversation with the other guests, and we turn in early. Tomorrow will be a big day. We all hope to see the tigers.

Day 9—Ranthambore Sunday, March 8, 2009

Again we rise early. Tea awaits in the reception room. The jeep arrives with our guide, Rajeesh. He has been working in the tiger park since the age of 10 and has been a guide for 20 years. We drive to the park entry—one of two—and head into Zone 2 (and part of Zone 3). Entry to the park is closely regulated. The park is open for only part of the year, and for two 3‐1/2 hour safari sessions (morning and evening) each day during the open period. The park is divided into five Zones, with only four jeeps and four lorries allowed into each Zone during a single session. There is a stiff penalty for violating the rules (suspension or revocation of a guide’s license), so the rules are taken very seriously.

People to People U.S.‐India Law Forum

Anticipation is high. We can’t wait to see a tiger in the wild. The morning is cool. Good for spotting tigers. As the day heats up, the tigers will seek out a cool hiding place and our odds of a sighting will diminish. The terrain is rolling savannah grassland with Acacia bushes. We see small spotted deer and large Sambas (tiger food), but no tigers. The heat catches up to us quickly. Our excitement yields to discouragement. We return to the lodge for lunch and a nap. The next (and last) chance will be in the late afternoon.

Scott Ellison and I take the bus into Ranthambore with our driver for this leg of the trip, Raj. I stop at the train station to use the ATM—along with a crowd of locals. It is an experience! We go to a shop selling Indian tribal handcrafts. Four women are working out front. I photograph them and show each their picture. They all laugh. Scott and I spend maybe an hour. Scott buys a fantastic elephant painting—maybe six foot square—that was hanging outside the shop. I buy textiles. The colors and the handwork are fantastic.

It’s 4 p.m., and time to return to the park. We are all anxious. This will be our last chance to see the tigers in the wild. Rajeesh senses our unease. “Don’t worry,” he says. We enter a different gate—this time into Zone 1. The terrain is wooded grassland, up against the steeps escarpment that surrounds the park. Rajeesh is focused. He stands in the back next to me scanning the dusty road for tracks (“pug” marks)—the tigers like to use the roads to move about. He spots something. It is a fresh pug mark.

People to People U.S.‐India Law Forum

We follow for ½ mile or so and it disappears into the grass on the uphill side of the road. We double back. Rajeesh is certain the tiger is in the rugged woodland above us. The light is uneven. Much of the terrain is in heavy shade, so it is difficult to see. We stop the jeep in the shade and wait. We strain to hear, but the silence is unbroken. Another jeep joins us and the guides converse in low Hindi voices. Rajeesh is clearly the senior guide. The two guides seem to reach an agreement. The younger guide takes his jeep off the main road up a track into the grass where Rajeesh has indicated. There is an exclamation and they point. We follow quickly up the track and. . . there she is! A real tiger—but wait, not one but two. . . then a third. A mother and her two yearling cubs. We cannot believe our good fortune.

They sit and lie down about 100 yards away from us. We watch in wonder, snapping pictures for over an hour. It is incredible to be this close to tigers in the wild. After a while, the tigers move down to a water hole. We are very lucky. It is a good day!!!

People to People U.S.‐India Law Forum

Day 10—Ranthambore to Jaipur Monday, March 9, 2009

Day 11—Jaipur Tuesday, March 10, 2009

Day 12—Depart for U.S. Wednesday, March 12, 2009 a