Vol: 29 | No. 3 | March 2021| R20

www.opinionexpress.in A MONTHLY NEWS MAGAZINE

Cover Story

REFORMS 2.0 Covid19 and push for reforms in Agriculture sector has put tremendous stress on the governance, PM Modi’s economic reform can withstand the pressure? Thank You BIPL %DODML,QIUD3URMHFWV/LPLWHG www.balaji.co.in www.dighiport.in editorial

RNI UPENG01809 Volume 29, No 3 India2.0 Reforms EDITOR Prashant Tewari s a COVID-19 induced slowdown marks the Modi 2.0 second Associate Editor term, there is a desperate need to get the economy back on track. Dr Rahul Misra The country urgently needs a revival of the spirit, ultimately it is Political Editor A Prakhar Misra a question of over 1 billion population. BUREAU CHIEF Next generation reforms include opening most of the railways to Anshuman Dogra (DELHI), Diwakar Shetty foreign direct investment (FDI), allowing more private sector partici- (MUMBAI), Sidhartha Sharma (KOLKATA), pation in coal production and FDI in construction projects, extending Lakshmi Devi (BANGALORE ) DIvyash Bajpai (USA), KAPIL DUDAKIA (UNITED KINGDOM) the validity of industrial licenses, removing the last 20 remaining pro- Rajiv Agnihotri (MAURITIUS), Romil Raj tected sectors under the small-scale industries list, and deregulating Bhagat (DUBAI), Herman Silochan (CANADA), diesel pricing. Dr Shiv Kumar (AUS/NZ), Nithya Ramesh (Fashion & Entertainment ) Reforms noticeably slowed as the term progressed Principle Correspondent but the government managed to institute two key re- Shakila Makandar forms by its mid-term– the goods and services tax Content partner (GST) and the Insolvency and Bankruptcy Code The Pioneer Pratham Pravakta (IBC). By contrast, two year into the Modi’s second Legal Advisors term, only two reforms namely 25 percent corpo- Vishnu Sharma Adv rate tax cut and controversial food Bills 2020 were Vijai Krishna Adv pushed by the government. Advertisement / Marketing Director The compulsion to remain in power has refocused the government’s Diwakar Shetty Gopal Chopra political energies on socio-political issues like ending the temporary Administrative Director special status of Kashmir, doing away with triple talaq, fast-tracking Amit Pandey citizenship for regional minorities through Bal Mukund Gaur the Citizenship Amendment Bill, and start- Corporate Communication / PR Sanjay Mendiratta Socio-political ing the Ram Mandir construction. Socio-po- M M Upadhaya issues are popular litical issues are popular but detract energy Graphics & Design from taking steps to revive the economy. Writeword Commuications (Studio 8) but detract energy Reforms that can spur economic activity, Photographer boost confidence, and put people back to Ratan Shukla from taking jobs are the real game-changers. Overseas Marketing OEMCL Ltd (Mauritius), OEHCL ltd (DUBAI) steps to revive The need for reforms, although ever- Advertisement / Circulation: present, becomes even more critical in a Delhi / NCR - Hemant Sharma: D 239 the economy. COVID-19 induced slow down. The govern- Defence Colony New Delhi 110024 INDIA Tel – 011 49060350 Reforms that can ment recently announced a slew of reforms Mumbai - Vijay Kalantri – Advisor: New spur economic that were akin to budget announcements, ExcelsIor BUILDING, 6tH Floor, A.K. NAYAK though implementation timelines are un- MARG, Fort, MUMBAI - 400001 (INDIA). clear. Phone: 91 - 22 - 22019265 / 22019160 activity, boost FAX : 91-22- 22019764 / 22019760 confidence, and Big-ticket and high impact reforms are The magazine is published and printed by Rajiv required. Lifting foreign equity restrictions Agnihotri for Opinion Express Communications put people back to in protected sectors and giving more au- & Entertainments Pvt Ltd, from Kumpu Graphic tonomy to major ports can provide a quick Press 2 Ashok Nagar, Lucknow & printed at Kumpu jobs are the real Graphic Press 2 Ashok Nagar, Lucknow – 226001 bump in growth. Other reforms related to Tele : 91-522-4060880 & game-changers. judicial reform, securing timely business li- Nikhil Offset An ISO 9001 : 2008 Certified Company 223, DSIDC Complex, Okhla Industrial Area Phase censes/clearances, and making land acqui- - I, New Delhi - 110020 Tele : 91-26812316, sition easier are long-awaited and can boost business and investor sen- 26810097, 26810458, FAX:91 45792362 E-Mail : timent amidst a slowdown. Some reforms that made sense pre-COVID [email protected], [email protected] Registered Office: OPINION EXPRESS HOUSE are even more relevant today, like creating a paperless court system, 24-A Clyde Road, Lucknow-226001 (India) pushing e governance, reducing fiscal deficit, reduce oil import and Phone: 91-522-4060880 Fax: 91-522-2208242 promote clean energy sources to make the country self-reliant. Naren- # 24x7 mobility +91 9984437000 email: [email protected] dra Modi is blessed with majority government and his strong leader- All disputes are subject to be under jurisdiction of ship will allow him to take extraordinary long pending reforms. courts in Delhi. All content published may be subject to copyright, seek written permission to re-produce. Opinion —Prashant Tewari , Express is trade mark brand of Opinion Express Editor-in-Chief Communications & Entertainment Private Limited. Opinion Express March 2021 3 A Monthly News Magazine March 2021 Cover Story THUMBS UP TO REFORMS!

P 6-12 It is existential crisis for Creativity Congress is a key for 13 48 innovative World Bank rankings are cinema – Ravi K 16 deceptive Chandran Royally political purge in 18 riyadh PThe 50 “FLAWLESS” star to debut in Bollywood Living happy and 21 joyous life Meaning and scope 24 of debt India and brazil – home 33 within a home 4 March 2021 Opinion Express Tesla Model 3 India launch and price

lon Musk is on a mission and In- completely different from any conven- charge and the long range model deliv- dia is part of it. In short with the tional car. The styling follows the ap- ers 500 km. Of course it is dripping with EModel 3, Tesla plans to spread its proach of its bigger sibling- the Model all kinds of tech and features including wings and gain more customers and en- S, its clean and unfussy with a short the autopilot feature. try into more markets. Elon Musk says rear, swoopy coupe like roofline and a For India, the question is charging he plans to build half a million of the clean front. as currently the superchargers which new Model 3 cars every year. The Model It is distinctive but the interior is charge the Tesla in 30 mins are not 3 then is the most important car Tesla shockingly simple yet also effective. It there in India and it would be too early has ever made and in India we will see is clean along with a 15.4-inch screen to expect them by 2019 also thus you it by end of next year or early 2019. In being the centrepiece plus there is no have to use conventional charging but India the Model 3 will initially come in start/stop button on the car or even even then with one charge your regular CBU form which means with duty add- door handles! You can start the car by day to day use would be met.So yes Te- ed the price would be Rs 40 lakh and the Tesla app on a mobile phone or the sla is finally coming and Model 3 would that is on par with its rivals such as the valet key. The Model 3 is quick too with be the car however the date has been BMW 3 Series and Audi A4. a 0-100 km/h time of less than 6 sec- pushed back owing to huge demand for The Model 3 though as expect is onds and delivers 350 km on a single its main markets.

Opinion Express March 2021 5 Cover story THUMBS UP TO REFORMS! An upgrade in India’s rating by Moody’s is an open endorsement to Modi’s reforms and proves India’s global mettle

By Swapan Dasgupta

he Moody’s upgrade of India has, quite predictably, drawn sharply partisan responses. This is not sur- prising in view of the mini-election season.T The results, when they are finally an- nounced on December 18, may not suggest a close fight. However, in the midst of an elec- tion campaign all elections appear to be very bitterly contested, as they undoubtedly are, despite what the final outcome reveals. The Congress, now experiencing a social media resurgence of sorts, has, for example, seen the modifications of GST as the Naren- dra Modi’s panicky response to its aggres- sive onslaught. Congress supporters genu- inely believe that the cumulative effect of demonetisation and GST has alienated vast sections of the population who were earlier committed BJP voters. There is a belief that the modifications in the GST regime have come too late and this alienation, coupled with caste discontent in Gujarat could result in a spectacular electoral upset in the home State of the Prime Minister and the BJP president.

6 March 2021 Opinion Express Opinion Express March 2021 7 On its part, the BJP has not been sitting idle. The first anniversary of demonetisation was used by the party to mount an aggressive campaign that tried to paint the opponents of the No- vember 8, 2016 announcement as pa- trons of corruption. Finance Minister Arun Jaitley circulated an article that richly documented the colossal financial gains from demonetisation. It is important to note that the BJP commemorated the first anniversary of demonetisation as “Anti-Black Money Day” — an indication of the extent to which the Modi Government has put the ethical transformation of India at the centre of its political strategy. As the architect of this creative disruption, Modi appears to have calculated that the wider regeneration of India has to be both economic and moral. At one level, the GST, which had been on the drawing board of different Governments, was focused on the need to create a seamless, pan-Indian market. That is what excited the imagination of the global community and Indian cor- porates looking for improvements in the ease of doing business. However, there was an important ethical dimension that was in-built into the new scheme whose significance was not initially realised. In simple terms, the system of interlocking payments and credit made it difficult, if not impossible, for businesses to create a zero tax zone for themselves. The implication of this interlinked GST was quite awesome. For long, a sec- tion of India’s trading community had created an innovative business model whereby the competitive edge of their enterprise was provided by zero tax. With GST, these units found it impossi- ble to do business without either paying the new tax or attracting the attention of the tax authorities. It is entirely possible that Surat, an important centre of the textiles and diamond trade, had a tradition of sharp Whatever the reality, GST witnessed a grand alliance business practices that was kept well be- low the radar and which needed the GST of zero tax businesses of all sizes. Rather than openly to bring to the surface. advocate tax avoidance, the anti-GST agitators picked Whatever the reality, GST witnessed a grand alliance of zero tax businesses on two issues that warranted attention. of all sizes. Rather than openly advocate tax avoidance, the anti-GST agitators pated. and alcohol. A consequence of this wari- picked on two issues that warranted at- Secondly, GST was a grand experi- ness was the inclination to create mul- tention. ment in pooled sovereignty involving tiple tax slabs and put too many items First, they complained, quite legiti- the Centre and the States. For the States into a higher bracket. mately in my view, at the heavy burden in particular the new tax was a leap into India has some important election of compliance norms that would divert the unknown and was preceded by con- or another each year. It was perhaps attention from running a business to cerns over shrinking revenues — one fortuitous for those hard hit by GST that filling endless forms. This a problem the reason why they were loath to give up their mounting anger coincided with designers of the GST should have antici- their claims on the taxes on petroleum the Gujarat Assembly election, a time

8 March 2021 Opinion Express always conducive to responsive gover- GST being a joint Centre-State tax, haar legislation that is a plug against nance. By honing in on the grievances it is impossible for the Modi Govern- welfare leakages and a potential anti- of the proverbial small guy burdened ment to make changes unilaterally. tax evasion instrument. Then there was by an uncaring State, the real instiga- However, the pressure from below was demonetisation that helped provide an tors of the anti-GST stir in Gujarat kept sufficiently strong to compel the Centre address for unaccounted wealth and the gaze away from the real issue: The to use all its political clout to persuade swelled Government revenues. And sustained non-compliance with tax re- the GST Council into making a series finally there is the GST that, perhaps gimes, both past and present. of important modifications. Where the unwittingly, has helped establish the However, what is important to note Centre has so far been unbudging is on principle of lower tax rates and higher is that the Government was respon- the larger issue of compliance, the ba- compliance. sive. Actually, the ability to modify and sic minimum requirement of an ethical Few Governments can boast such a tweak programmes mid-stream when economic system. record in so short a time. This explains necessary has been a feature of this In the course of the past year or why the global community feels India is Government, as noticed by the frequent so, the Modi Government has forced worth looking at afresh. alteration of rules to respond to unique through a series of radical reforms that Courtesy – The Pioneer situations during the demonetisation other Governments lacked the will to (The writer is a renowned exercise. push through. First there was the Aad- journalist)

Opinion Express March 2021 9 It’s Modi Vs Rest of India Five state Assembly Elections 2021 has pitted PM Modi against a combined team of all political rivals

By Prakhar Prakash Misra of the ministers in the Modi’s cabinet. However the PM and PMO has grows in Gujarat under ive assembly elections 2021 is a ref- stature and the power is centralized to erendum for reforms 2.0 pushed PMO. In a state, this can work but for a Narendra Modi, the Fby the Prime Minister of India post large country like India, decentralization “Lion of Gujarat” and 2019 onwards. The State Assembly elec- is required to improve governance. tions in five states MARCH -MAY 2021 When he first took over as the Chief now “Lion of India” and the results will be announced on 2 Minister, Gujarat had a power shortage May 2021. of 2000 MW, but now it is a power sur- has blossomed in Reforms noticeably slowed as the plus state. Gujarat actually contributes the last two decades term progressed but the government 16% to the country’s overall industrial managed to institute two key reforms production. Agricultural growth of Guja- and has become by its mid-term– the goods and services rat is at 11%; the rest of India it is barely tax (GST) and the Insolvency and Bank- 4%. In a quantum leap, in April 2012, the growth engine ruptcy Code (IBC). By contrast, two year Narendra Modi dedicated to the nation of India. Modi into the Modi’s second term, only two 600 MW of installed solar power proj- reforms namely 25 percent corporate ects, including the Asia’s largest solar has completely tax cut and controversial food Bills 2020 park with 214 MW generation capacity. transformed the were pushed by the government. With achievements like these, Narendra In India, Narendra Modi is an em- Modi has established himself as the man state’s economic and bodiment of courage and valor. He is a with vision, mission and conviction. political landscape. powerful orator, a consummate com- Prime Minister Modi has systemati- municator and a forthright thinker. He cally altered the economic, foreign and is a fearless fighter, a legend who un- defence policy of India. The relentless derstands how to capture the collective fight against corruption is pushed to lim- imagination of the people he wants to its even at the expense of taking unpopu- lead. In spite of the mean and menda- lar decisions namely demonetization and cious media blitzkrieg launched against GST implementation, gold and prop- him by anti-Hindu Congress Party in col- erty are targeted to absolve black money lusion with the dangerous combination from the system. The foreign policy has of anti-national radical Islamists, Left- taken a complete turn wherein India has ists and foreign-funded NGOs, Narendra forged practical alliance with USA, Is- Modi has not only stood strong, but has rael, Japan and Australia to set up stra- also made them eat the humble pie. tegic partnership. The Indo pacific alli- Gujarat under Narendra Modi, the ance is commercially and diplomatically “Lion of Gujarat” and now “Lion of India” viable option to challenge new emerging has blossomed in the last two decades forces in the world. Modi government and has become the growth engine of understands the concept of great democ- India. Modi has completely transformed racy must have great military hence the the state’s economic and political land- defence forces are priority sector for the scape. He is punctilious in his thoughts, present government. deeds and actions and runs the state like Recently, the prestigious “Time mag- an efficient CEO. Prime Minister Modi’s azine” featured Modi on its cover page. performance is similar to his past though Financial Times, another world-class the team Modi operating in Delhi lack publication, applauded Gujarat’s growth national vision. The inputs of RSS are under Modi in glowing terms. seen on foreign, economic and defense Polically speaking, over eighty three policy resulting in dilution of power percent of India’s population or Nine

10 March 2021 Opinion Express Opinion Express March 2021 11 Hundred Ninety million people in the country are Hindu. Yet, shamefully, the For all practical purposes, the over-all Hindu people country was being ruled by the minori- ties till Congress UPA government was and India as the country are presently under a state in power who is barely 18% of the popu- lation count. India is the only country in of siege. Unknown to the common public, that siege the world where its minorities namely has been laid with the help of radical Islamists, the Muslims and the Christians — have ganged up together to enact laws that jihadists, and Marxists. The chief aim of this decide how the Hindu majority should insidious conspiracy is to demoralize and denigrate behave in their own country! It is truly a matter of great regret and shame that the Hindus and their organizations… and encourage Hindus are taking this injustice and tyr- anny lying down! the centrifugal forces to balkanize India into several For all practical purposes, the over- mini-pakistans. Almost all Hindus have already all Hindu people and India as the coun- try are presently under a state of siege. been driven out of Kashmir Unknown to the common public, that siege has been laid with the help of fortunate fact still remains intact that loot, there is a hope for our country. The radical Islamists, jihadists, and Marx- the “demographic con quest of any land only way out is if the honest and coura- ists. The chief aim of this insidious con- is the most permanent form of a con- geous leaders like Narendra Modi man- spiracy is to demoralize and denigrate quest.” age to remain into the driver’s seat… the Hindus and their organizations… Discrimination against Hindus in and, maneuver the country away from and encourage the centrifugal forces to India is rampant. Top Hindu temples the sure doom and disaster waiting balkanize India into several mini-pak- like Tirupati and Sabrimala are taken ahead. If you want to restore the dig- istans. Almost all Hindus have already away from Hindu hands – through the nity to India, if you wish to put Bharat been driven out of Kashmir. Over 30 legislation – and given to ‘secular’ civil Mata on the pedestal of glory, if you million Bangladeshi Muslims have in- servants for managing them. From the want the country to be a super-power in filtrated into Assam, West Bengal and religious offerings of Hindu devotees real terms, then be with Narendra Bhai other neighboring states. The states meant strictly for the Hindu issues, the Modi … like Assam, Bengal, and Kerala are wit- bureaucrats unfairly dole away Rs. 690 nessing a big demographic change. No crores a year as the Haj subsidy alone. (The writer is OE’s Political matter how strongly we deny it, the un- Amidst all this gigantic plunder and Editor )

12 March 2021 Opinion Express It is existential crisis for Congress

Prakhar P Misra Shah duo has put a question mark on for Rahul doesn’t end here. Then the Rahul’s leadership. But the Congress’ comparisons with the BJP’s stalwarts is he Congress party suffered a rout course corrections have often been mere only going to get more sharper and un- in the Lok Sabha 2019 elections tokenism and less about transparency sparing that will make the unease and Tand the big gloom over the party in order to insulate the top leadership. discontentment within the party only is more humiliating than the 2014 re- With PM Modi’s unrelenting attack on grow louder. sults with the biggest jolt in the hotly- dynastic politics the party will be under India’s oldest political party was contested Amethi seat in Uttar Pradesh. tremendous pressure to act and show limited to just 51 seats, marginally im- Firebrand Bharatiya Janata Party (BJP) that it is actually serious about remain- proving from its worst ever tally of 44 leader Smriti Irani defeated Congress ing in business. seats in 2014 with a 19.3% vote share. president Rahul Gandhi at his home Another old-hatter Punjab CM Cap- To make matters worse, for the sec- turf, the traditional Gandhi pocket bor- tain Amarinder Singh known for being ond time in a row, the party will not be ough thereby taking the wind out of the critical of Rahul’s ways earlier, hit out able to claim the position of the leader sails of the Congress. at Navjot Singh Sidhu. Amarinder fired of opposition in the Lok Sabha, falling The impact of Rahul’s shocking de- the salvo: “Navjot Singh Sidhu wants to short of the minimum requirement of feat, where huge victory margins have become CM... His going to Pakistan and winning one-tenth of total seats, or 54 added the halo of invincibility to Gan- hugging Pakistan Army Chief Qamar seats, in the Lower House. dhi family members will be felt outside Javed Bajwa cost the Congress dearly... After 2014, everyone kept talking the geographical boundaries of Amethi. the party should have taken disciplinary about how Congress is facing a leader- The spectacular show by the Modi- action against him...” he said.Trouble ship challenge. People and particularly

Opinion Express March 2021 13 party workers hoped that they will do tiously and not commented about the him go from Parliament... I can’t under- much better this time. But that did not possibility of disciplinary action against stand why is Congress not utilising his happen. Post this result, the questions the participants. The senior Congress experience.” on Rahul Gandhi will grow. From a leaders including former Haryana Chief “All of the persons who are in Jam- leadership challenge in 2014, this has Minister Bhupinder Singh Hooda, mu and have spoken, are senior, highly become a leadership crisis in 2019,” Anand Sharma, Kapil Sibal, Manish respected, and well regarded members said Sanjay Kumar, director at the New Tewari, Raj Babbar and Vivek Tankha of our party. We are proud of having Delhi-based Centre for the Study of De- in addition to Mr. Azad.This is the first them in the party and I believe they veloping Societies. collective, public appearance of the are equally proud to be members of Party leaders, however, said that it group that in August last year, had writ- the Congress. They are part of the Con- will be a while before voices of dissent ten to the interim president Sonia Gan- gress family,”However, he countered come to the fore from within the party dhi urging her to ensure “full time” and Mr Sibal’s comments about the party to question the leadership. “People will “visible” leadership. not “utilising” Mr. Azad’s experience. either desert the party or not question Congress leadership has remained Without naming Mr. Sibal, he said that the leadership. If not the Gandhis, then mum about renominating Mr. Azad such comments betray a lack of knowl- who?” a senior party functionary said, and the G-23 members find themselves edge about the contemporary history requesting anonymity.Senior party sidelined within the party. Mr. Azad of the Congress.“We are proud and he leaders were also wary of the fact that speaking at the rally said he may have (Mr. Azad) is proud that he has held the many Congress top guns lost from their retired from Rajya Sabha but he has not Congress flag afloat for more than seven seats, and this would have an impact on retired from politics.One of the sharp- terms — two LS and four in RS for near- the party’s state units. est speeches came from senior Congress ly 40 years in Parliament. We are proud According to analysts, the larger leader Anand Sharma, who said: “A par- and he is proud that party president So- challenge, or crisis as they put it, will be ty can give a designation and rank, but nia Gandhi nominated him as Jammu to accept that the party needs to rein- not every person occupying the desig- and Kashmir CM. From Indira Gandhi’s vent itself to adapt to the new political nation, necessarily becomes a people’s time onwards, he has been a respected realities. leader.”Mr. Sibal, in a metaphor, said to central minister for over 30 decades,” “Frankly, Congress has multiple fly an aircraft one needs an experienced Mr. Singhvi said. He said, it would be challenges and that is not restricted to pilot, but for the aircraft to function amiss if he doesn’t recall Mr. Azad’s role this election alone. The internal differ- well, it needs an engineer for its upkeep, in the party over the years.As a parting ences in the Congress spilled out into adding that Mr. Azad can play both the shot, Mr. Singhvi said, “Gently and re- the open on Saturday, with the dissent- roles with ease. spectfully, the best contribution to the ing group, or the ‘G-23’, in a show of Stating that Mr. Azad was a leader Congress would be, to get active in the strength held a rally in Jammu osten- who knows the ground reality of the various campaigns ongoing in the five sibly to felicitate Ghulam Nabi Azad on Congress in every district of every State, States which are going for elections.” his retirement from Rajya Sabha but Mr. Sibal said, “We were saddened clearly challenging the party leadership. when we realised that he is being freed (The writer is OE’s Political The party leadership has reacted cau- from Parliament. We didn’t want to let Editor )

14 November2017 Opinion Express

World Bank rankings are deceptive By Kapil Sibal business city for eleven most populous economies. This year, the cities covered he Finance Minister’s self-con- The World Bank study by the DBP in India were Mumbai and gratulatory press conference on focuses on the largest Delhi. The DBP was persuaded to a great TIndia having jumped 30 places extent by the passage of the Insolvency in the World Bank rankings for ‘Ease business city in each and Bankruptcy Code as well as the e- of Doing Business’ made national filing of returns on the basis of which headlines. Perhaps that was the objec- of the 190 economies our economy jumped 30 places in ‘Ease tive, in the wake of disturbing evidence covered by the Doing of Doing Business’ rankings. It is obvi- from across the country, of the adverse ous, therefore, that the World Bank, by impact of demonetisation and hasty Business Project (DBP). its own admission on the limitations of implementation of a flawed GST on From 2015 onwards, it this exercise, was not concerned with small and medium businesses, a large businesses struggling to survive across number having wound up in, or are in, incorporated a second India, and which form the backbone dire straits. The ease of doing business of the Indian economy. It is when the to the creamy layer of businesses might major business city for small and medium scale enterprises cater to the well-being of conglomer- eleven most populous in the informal sector find it easy to ates at the top of the pyramid, but for do business, have the ability to access the vast majority directly dependent on economies. credit, are liberated from the trappings the informal economy, these rankings of corruption at the local level, are able have no significance. For businesses in the largest business city in each of the to easily obtain water and electricity the informal sector, ease of doing busi- 190 economies covered by the Doing connections with uninterrupted supply ness still remains a distant dream. Business Project (DBP). From 2015 on- and have access to a myriad other relat- The World Bank study focuses on wards, it incorporated a second major ed services facilitating their conduct of

16 March 2021 Opinion Express business, then alone will the people of forcement of contracts and insolvency ment. The insolvency legislation was India congratulate the Finance Minis- issues. The impact of GST and demon- also work in progress when this govern- ter for a dramatic turnaround in India’s etisation on these business parameters ment came to power in 2014. business environment. This creamy was not part of the report. However, India has a long way to go. It would layer project for ease of doing business, without assessing the impact of hasty be in the fitness of things for the gov- unconcerned with the rest of India, is a and ill-thought decisions, India still ernment to lay out a roadmap for busi- farce. ranks 181 out of 190 with reference to nesses at the bottom of the pyramid and The textile business in Ludhiana construction permits, 154 for register- work hard to address their issues. This in Punjab, Bhiwandi in Maharasthra, ing properties, 156 for starting a busi- involves the participation of the state Tirupur in Tamil Nadu, the small and ness, 164 for enforcing contracts, and government and all its administrative medium businesses across towns like 146 for trading across borders. Had this units to work in tandem, which will Agra, Meerut, Varanasi, Kanpur etc. in data been prominently highlighted, the help businesses to stand on their feet. UP, the leather factories in Tamil Nadu Finance Minister would have hesitated To time the press conference for send- and other small businesses doing mul- to address the Press. ing a message that this government has tifarious activities are reeling from the The World Bank bases its data, to done something unique to transform after-effects of the cash freeze, which arrive at the rankings, from four main the business environment in India was has impacted the pace of economic sources of information — relevant laws yet another attempt to influence voters, growth. It is sad that a nation as large and regulations, expert respondents, re- both in Gujarat and Himachal Pradesh. and as populous as India has to catch at spective governments and World Bank’s Electoral victories inherently are straws and latch on to the World Bank’s regional staff. An important missing not permanent. What is required and ranking, which is oblivious to the reality link is the feedback at the firm-level, expected of a government is to both lay of business in India, and then tom-tom which alone could have gauged whether and strengthen the foundations of the about the reform process. reforms aimed at ease of doing business wherewithal necessary to do business Even though confined to just two are working to their benefit. in India. It is to give permanence to that cities, the DBP actually looks at vari- As far as insolvency legislation is foundation, which should be the aspira- ous parameters ranging from starting concerned, though in place since De- tion of any Finance Minister. a business, dealing with construction cember 2016, its impact is yet to be seen. KAPIL SIBAL: The author is a permits, securing electricity, registra- In the case of ease of filing income tax member of the Rajya Sabha, and tion of properties, access to credit, returns through e-filing, this has been a senior Indian National Con- protection of minority investors, ease an ongoing resolve, hardly attributable gress leader. Views expressed of paying taxes, cross-border trade, en- to any unique initiative by this govern- are personal.

Opinion Express March 2021 17 ROYALLY POLITICAL PURGE IN RIYADH A political thriller played out in Saudi’s royal family

By Kabir Taneja media site Twitter. Over the span of 72 tor of a never seen before ‘tri-purge’, hrs starting November 3, a purge was orchestrating political changes in his he recent turn of events in Saudi underway, ballistic missiles were fired own country, Lebanon and Yemen si- Arabia have been nothing short of towards the Saudi-capital Riyadh from multaneously. Ta Hollywood thriller with Family, Yemen, Lebanon’s Prime Minister Saad Understanding the politics of the King, Princes, neighbouring countries Hariri resigned (on television) from his Saudi monarchy is no easy task, with and missile attacks all thrown into the post from Saudi Arabia, accusing Iran of over 9,000 members in the royal family, mix for good measure. Eighty-year-old medaling in internal Arab affairs before Saudi politics is a never-ending series of King Salman Abdulaziz Al Saud, in a po- disappearing from public eye, Yemen’s internal turmoil and power-struggles. litical liquidation, rounded up 11 princes incumbent President Abdrabbuh Man- However, most analysts agree that of the royal House of Saud, along with sur Hadi, who also took up refuge there the recent events are King Salman’s various Ministers and officials in what months ago, was reported to be under strategy to clear way for the 32-years- was marketed as an “anti-corruption” ‘house arrest’ (Saudis released pictures old heir-apparent, Prince Mohammed initiative in which prominent royal of a meeting with Hadi in attempts to Bin Salman. It is believed King Salman members were arrested and “jailed” in refute such rumors). Two other princes has already started the process of aid- Riyadh’s notoriously luxurious Ritz- were reportedly killed, one in a curious- ing Prince Salman to the throne, his Carlton hotel. This included globally ly timed helicopter crash near Yemen son from his third spouse, transferring influential names such as billionaire and another, rumored to have been shot power by the end of 2018. The start of investor Alwaleed Bin Talaal, who has while resisting an ‘attempted arrest’. the said process was highlighted by so- close ties with various American indus- This tragedy-ridden Shakespearean- cial reforms with Saudi Arabia agreeing trialists and owns five per cent of social theatre makes King Salman the conduc- to allow women to drive, a long-stand-

18 March 2021 Opinion Express Understanding the politics of the Saudi monarchy is no easy task, with over 9,000 members in the royal family, Saudi politics is a never-ending series of internal turmoil and power-struggles. ing issue of contention. It has also al- lowed women to attend sports events at stadium. These changes come on the back of waiting for the accession of a young King, who will preside over a very-young and globally well-connected Saudi population on the cusp of a post- oil economic and social order, and a corrupt royal system against which sen- timents had been latently bubbling for a long time. The challenges for the Saudi monar- chy in the decades to come are plenty. Currently, the Saudi youth have it rela- tively easy, with various social schemes keeping them occupied, thanks to the

Opinion Express March 2021 19 petro-dollars, however, Riyadh has (fi- backed militias are today already pre- nally) decided to move beyond its de- vailing interest groups in large parts of pendence on a singular mode of finance This would require Syria, with Tehran also wielding signifi- and approach models, such as those relaxed norms and a cant power in Iraqi and Lebanese poli- embraced by its neighbours, specifically tics along with running a indirect war in Dubai. better global positioning Yemen. The recent failed Kurdish refer- This would require relaxed norms to attract foreign endum also saw Iran’s influence shine and a better global positioning to at- through over contentions between tract foreign investments, foregoing its investments, foregoing Baghdad and Erbil regarding the con- rigid and suffocating rules that curtail trol of Kirkuk after its liberation from freedom and basic human rights for its rigid and suffocating ISIS, while the Saudi — Qatar diplo- its citizens, specifically women. The rules that curtail freedom matic standoff pushed Doha to increase announcement of Saudi Aramco, the its engagements with Iran as well. country’s national oil company, which and basic human rights Despite collusion of regional interests, at a point few years ago was worth more for its citizens, specifically the exact reasons and future outcomes of than India’s GDP, going partially pub- this purge remain unclear. The narra- lic to raise money came as a surprise to women tive of an anti-corruption drive remains many. However, it implanted the narra- strong, but also begs the question whether tive of slow but drastic changes taking something that Prince Salman, the this is the start of greater transparency in place in the kingdom, both politically world’s youngest Defense Minister, has Saudi Arabian affairs or greater turmoil. and socially. This is highlighted by ex- reiterated during the purge in an effort Riyadh is banking on US President Don- amples such as the steadily increas- to stamp his own authority. Saudi con- ald Trump to back it to the hilt, specifical- ing domestic oil consumption in the cerns in regional West Asian dynam- ly against Iran, on the pretext of which its country, thanks to domestic popula- ics have heightened over the past few regional overtures could be marketed as tion growth. A robust and rich domes- months with Iranian influence growing legitimate political tinkering to an often- tic economy is critical for Riyadh, both at a rapid pace. The question around naive new White House. How this purge to keep a check on its young popula- Syria and future of the said conflict has plays out in reality, is anyone’s guess at tion and till a certain degree secure the now been pretty much decided, with the moment. House of Saud’s own future. President Bashar al-Assad expected to Courtesy The Pioneer ( The writ- Geo-politically, the Saudis are con- stay, with the help of the Russians and er is an Associate Fellow with the tinuing to make attempts to rein in the Iranians. Iranian Islamic Revolutionary Observer Research Foundation, growing Iranian influence in the region, Guard Corps (IRGC) and Hezbollah- New Delhi)

20 March 2021 Opinion Express Spiritual opinion Living happy and joyous life The art to live life from Swami Vivekanand & Swami Paramahansa Yogananda

By Prashant Tewari

n modern fast paced society, stress is a silent killer. The developed na- Itions are struggling to cope up with the growing human individuality crisis. A learned teacher can guide us to learn contentment in life, leading to extreme happiness. Both Swami Vivekanand and Paramanhansa Yogananda were great masters of humanity. No ordinary man surely is worthy of this spiritual ti- tle. But now and then, there appears on earth one of the noble lineages of God- realized souls to carry out the plans of Divinity and establish righteousness on earth.

Why Saints? Saints and sages occupy a central place in the Indian spiritual tradition. The saints and sages are an integral part of what is called Hindu or Sanatan Dharma. Their elevated souls exemplify beliefs and their lives in totality. These elevated souls exemplify the essence of the spiritual treasure trove that is con- tinued in the vast and varied spiritual literature in Sanskrit and in the other languages. From among the exalted and emancipated souls, first Swami Viveka- nand and then Paramhansa Yogananda appeared on the Indian scene to bring solace to the people in the Indian conti- nent and the world at large. Both these masters worked untiringly through- out the period they lived on earth and helped to awaken people from their long slumber of centuries. Their contri- take life and where you take it to. All seeing the world according to our own bution to the cause of uplifting human of us are born in this world like beauti- perceptions. We create meaning, we consciousness is no less than those of ful clay models ready to learn all talk- create friends and enemies. We create great incarnation of God who took birth ing, walking, eating, drinking and so our own truth – right or wrong. on earth only under divine command. many other lessons and habits. We go The nature of life is to grow towards back from the earth saying good bye to an ever perfect and joyous expression How to live? life as hardened solid figure. During of itself. Each living cell has a nervous It is not our fate that decides where the course of life, through experiences system, no matter how rudimentary. your life is going. It is all about how you gained by growth in the years, we start The more develop the nervous system,

Opinion Express March 2021 21 the more it will express the qualities of the pure consciousness – intelligence, Swami Vivekanand teachings mainly creativity and bliss. Life, its substance and purpose, is an enigma, difficult yet centered on the following ideals: not unknowable. Preach unto mankind their divinity and how to make it manifest in Presently, the humanity is passing every moment of life through a very critical phase of transi- Education is the manifestation of perfection already exists in a man. tion from old values to new values get- Education through which character is formed, strength of mind is ting developed through moving forward increased, the intellect is expanded and by which one can stand on own in the field of information technology. feet Being in its initial stages of develop- Whatever you think you will be ment, the information technology is  however, having its adverse effects on We want strength and more strength in life. With weakness comes the young minds. The family way of life, ignorance and with ignorance comes misery peace and understanding are getting af- Purity, patience and perseverance are the three essentials to success fected. Technology is being misused by Religion is realization not talk nor doctrine nor theories anti social elements bearing far reach- Religion is manifestation of divinity already in man. ing effect on how we live today. , They alone live who live for others. Way of Life? The gist of all worship is – to be pure and do good to others Hinduism is not a religion common- It is love and love alone that I preach. I base my teachings on the ly understood terms comprising set of great Vedantic truth of the sameness and omnipresence of the soul of dogmas and belief but it is proven way the Universe of life which has helped mankind from millennium to know its true nature that face, magnetic presence and wonder- this is true here or hereafter. For more of the infinite which is its source. Hin- ful oratory. Never before did an oriental than 100 years the work has continued duism is the most tolerant religion in make such an impression on the global and Ramakrishna Mission is now a well the world because its one transcendent society. According to him, nothing else established institution helping every- God includes all possible goals is necessary except love, sincerity and one to work for One’s own liberalization patience. Life is only growth i.e. expan- and for welfare of the world. The mis- Why Guru’s guidance? sion, love. All love is life; it is the only sion has rendered yeoman service in all Swami Vivekanand had handsome law of life: all selfishness is death and fields for upliftment of masses fulfilling

22 March 2021 Opinion Express the dream of great Master-Mystic, Prophet, Disciple, Lover of human- ity, Patriot, friend, beloved Swami Vivekanand.

Swami Paramahansa Yogananda – Paramahansa Yogananda used to explain: Knowing God is not only a privilege and a divine duty but a practical necessity. The guru is the awakened God awakening the sleeping God in the disciple. He gives us all we need to rouse the divine image within: methods that take us beyond the restless mind to touch the infinite consciousness that sustains us: timeless truths for spiritual living amongst the ever shifting values of this world. Swami said – Education must pro- vide life building, man making, and character making assimilation of ideas. Meditation is strictly prescribed by Yogananda ji to delay cell decay, regulate blood circulation and im- provement of heart function. The lungs gets extra oxygen, senses get subdued. Perfect state of medita- tion being human’s true nature, sooner or later; humanity has to learn this lesson to remain on the path to progress. The path of a hu- man life can be identified by - 1 Man’s Eternal Quest 2 Divine Romance 3 Journey of Self Realisation Why Meditation? Paramahansa Yogananda teachings The joy felt in meditation re- veals the presence of Eternal joy mainly centered on the following ideals: spread over all creations. The light Life here on earth appears futile and chaotic until we are anchored in the seen in meditation is the astral Divine. Do not concentrate upon ephemeral worldly goals and human at- light from which our tangible cre- tachments. ation is made. – Paramahansa Yo- gananda Spirituality for a common  Make your inner self a temple of God; Make it a temple of the mystic life man may best be termed as science of the universe. Then you are king of everything and not attached to any- of the soul. It is reaching beyond thing. all sciences. The soul keeps as alive A man of realization sees God in all. and guides our live on earth and Yoga is the scientific process by which everyone reunites with Spirits. is a part/reflection of the infinite consciousness pulsating through Yoga/Meditation is the highest form of activity that man can perform, and whole creation, commonly under- it is the most balanced way to find God. stood as God. Knowledge of this Make religion real by scientific methods. When you do you will see that science can help us lead happy, religion is no longer a myth but a scientific certainty. contented, joyful and purposeful No matter what religion you follow, ask yourself? Am I happy? What is my lives on earth. The greatest help highest duty? How can I find peace and bliss>? to a spiritual life is meditation ( Dhyana ) – Meditation is a instru- Plain living and high thinking should be your goal. Your ever readiness to ment of spirituality. help others without distinction of sex, creed or caste will make your heart big enough tom receive all humility. Break the boundaries of selfishness and Editor-in-Chief / Opinion include in it all living beings and universes – everything. Express

Opinion Express March 2021 23 Meaning and scope of debt

Are proceedings under insolvency and bankruptcy code, 2016 governed by the provisions of limitation act, 196? Part II of an open debate

Dr UK Chaudhary even if the said section 433 of the Com- “Whether Limitation Act, 1963 is panies Act, 2013 would not have been applicable for triggering ‘Corporate n the previous Article, I discussed made applicable on proceedings under Insolvency Resolution Process’ un- about the applicability of the pro- Insolvency and Bankruptcy Code, 2016, der Insolvency and Bankruptcy Code, Ivisions of Limitation Act, 1963 in there is another very important aspect 2016 (hereinafter referred to as “I&B respect of the proceedings under the which needs academic discussion as to Code”)?” Insolvency and Bankruptcy Code, 2016 whether what is the true meaning and In answering the above ques- (IBC) before the Adjudicating Author- scope of the word ‘debt’ in true com- tion which was framed by the Hon’ble ity, which is Hon’ble National Company mercial sense as defined under the In- NCLAT, it held as under: Law Tribunal (NCLT) and suggested solvency and Bankruptcy Code, 2016. “For determination of the issue, it is that since NCLT is duty bound to fol- Such academic discussion assumes to be noticed as to whether ‘I&B Code’ is low the principles of natural justice and importance in view of various recent a ‘self- contained Code’ or not.” the rules framed for its working under judgements/orders passed by the The Hon’ble NCLAT then relied the IBC and the Companies Act, 2013 Hon’ble National Company Law Ap- upon many observations of Hon’ble and it will be appropriate for NCLT as pellate Tribunal, New Delhi (NCLAT), Supreme Court of India in ‘M/s. Inno- ‘Adjudicating Authority’ to follow the where it is categorically held that pro- ventive Industries Ltd v. ICICI Bank & principles of public policy that enforce- visions of ‘Limitation Act, 1963’ are not Anr’, 2017 SCC OnLine SC 1025’ and on ment of rights and obligations must not applicable to the proceedings under the the basis of the said observations in the be permitted to remain influx and in- IBC. For the paucity of space, I have not aforesaid case, the Hon’ble NCLAT then definite period of time keeping in view reproduced the observations in all such examined as to whether the provisions the provisions of Limitation Act, 1963 cases, but just summarised the said of Limitation Act, 1963, which is gen- and which enshrine the aforesaid pub- judgements and made some sugges- eral legislation on the law of limitation, lic policy as part of principles of natural tions for further consideration: shall govern the proceedings of initia- justice. In speculam Plast Pvt. Ltd. vs. PTC tion of corporate insolvency resolution Irrespective of the conclusion in Techno Pvt. Ltd., the Hon’ble NCLAT process and thereafter under the IBC. the previous Article that Limitation observed as under: Relying upon the judgements of Act, 1963 shall be applicable on the The question that arises for deter- Hon’ble Supreme Court of India in the proceedings before the Hon’ble NCLT mination in these appeals is:- case of ‘Mukri Gopalan v. Cheppilat

24 March 2021 Opinion Express Puthanpuravil Aboobacker (1995) 5 First, there is ‘a presumption that the claim of dues without explaining delay, SCC 5’, and ‘Hukumdev Narain Yadav right not exercised for a long time is normally should not be entertained for v. Lalit Narain Mishra (1974) 2 SCC non-existent and second that the object triggering ‘Corporate Insolvency Reso- 133’, it held that “from the decision of of fixing time limit for litigation is based lution Process’ under Section 7 and 9 of Hon’ble Supreme Court in ‘Hukumdev on public policy, fixing a life span of le- the ‘I&B Code’. However, the aforesaid Narain Yadav v. Lalit Narain Mishra gal remedies for the purpose of general principle for triggering an application (1974) 2 SCC 133’, it is clear that even welfare. under Section 10 of the ‘I&B Code’ can- if there exists no express exclusion in …………………..” not be made applicable as the ‘Corpo- the special law, the court reserves the Further, on the basis of ‘Salmond; rate Applicant’ does not claim money right to examine the provisions of the jurisprudence, 12 Ed and judgements but prays for initiation of ‘Corporate In- special law, to arrive at a conclusion as of Battley Vs. Faulker (1820) 3 B & Ald solvency Resolution Process’ against it- to whether the legislative intent was to 288 and Rajider Singh Vs. Santa Singh, self, having defaulted to pay the dues of exclude the operation of the Limitation AIR 1973 SC 2537, and N. Balakrishnan creditors. In so far it relates to filing of Act, 1963 or not.” V M.A. Krishnamurthy, (1988) 7 SCC claim before the ‘Insolvency Resolution The Hon’ble NCLAT then goes to 123, it held that, Professional’, in case of stale claim, long great length to examine various provi- “in view of the settled principle, delay and in absence of any continuous sions of the IBC to reach a conclusion while we hold that the Limitation Act, cause of action, it is open to resolution that legislature intent is to exclude the applicant to decide whether such claim provisions of Limitation Act, 1963 from is to be accepted or not, and on submis- the proceedings under IBC. The Hon’ble The Hon’ble NCLAT sion of resolution plan, the Committee NCLAT then examined the issue of stale of Creditors may decide such question. claim and effect of delay and laches in then goes to great length If any adverse decision is taken in re- filing the proceedings under the IBC, gard to any creditor disputing the claim based on such a claim and observed to examine various on ground of delay and laches, it will be that: provisions of the IBC to open to the aggrieved creditor to file ob- “Learned Amicus Curiae rightly jection before the Adjudicating Author- contended that there should be a time reach a conclusion that ity against resolution plan and for its limit for raising claim, including money legislature intent is to necessary correction who may decide claim. In this regard, it is desirable to the same in accordance with the obser- refer the definition of ‘Debt’ and ‘De- exclude the provisions vations as made above.” fault’ as defined in sub-section (11) and of Limitation Act, 1963 The aforesaid observations make it (12) of Section 3 of the ‘I&B Code’, and clear that Hon’ble NCLAT decided that quoted below: - from the proceedings IBC is a complete code by itself and it “3(11) “debt” means a liability or by implied legislative intent exclude obligation in respect of a claim which under IBC. the applicability of the Limitation Act, is due from any person and includes a 1963. It is also made clear that delay financial debt and operational debt; and laches beyond a reasonable peri- 3(12) “default” means non-payment 1963 is not applicable for initiation of od of above 3 year in filing application of debt when whole or any part or in- ‘Corporate Insolvency Resolution Pro- for trigging initiation of Corporate In- stalment of the amount of debt has be- cess’, we further hold that the Doctrine solvency Resolution Process may be a come due and payable and is not repaid of Limitation and Prescription is neces- ground for dismissal of such petition in by the debtor or the corporate debtor, sary to be looked into for determining given circumstances, if delay and laches as the case may be” the question whether the application are not explained to the satisfaction of From the aforesaid definition, it is under Section 7 or Section 9 can be the Adjudicating Authority. However clear that ‘debt’ is a liability or obliga- entertained after long delay, amount- in this regard it not only contradicted tion in respect of a claim which is due ing to laches and thereby the person itself from other observations, but also from any person and includes a ‘Finan- forfeited his claim. If there is a delay made a sharp departure from these ob- cial Debt’ and ‘Operational Debt’. It is of more than three years from the date servations in case of section 10 petition further clear that when whole or any of cause of action and no laches on the by corporate debtor itself. part or instalment of the amount of debt part of the Applicant, the Applicant can It may be noted that ‘Speculam has become due and payable and is not explain the delay. Where there is a con- Plast Pvt. Ltd.’ was then followed by repaid by the debtor or the ‘Corporate tinuing cause of action, the question of Hon’ble NCLAT in deciding more ap- Debtor’, it amounts to ‘default’. rejecting any application on the ground peals, namely Ellora Paper Mills Ltd. & Now, the question arises, whether a of delay does not arise.Therefore, if it Anr Vs. Ajitnath Steels Pvt. Ltd.; Sanjay person can claim any amount due from comes to the notice of the Adjudicating Bagrodia Vs. Sathyam Green Power Pvt. another, a ‘Corporate Debtor’ after long Authority that the application for ini- Ltd. and Labdhi Enterprises Vs. Bara- delay on the ground that Limitation Act, tiation of ‘Corporate Insolvency Reso- mati Agro Pvt. Ltd. 1963 is not applicable? lution Process’ under section 7 or Sec- From the aforesaid it is clear that To decide the aforesaid issue, it tion 9 has been filed after long delay, one issue which was neither raised nor is necessary to notice the Doctrine of the Adjudicating Authority may give answered, still needs consideration. It Limitation and Prescription, as held by opportunity to the Applicant to explain is whether ‘bad debt’, ‘dead debt’, ‘un- jurists and Hon’ble Courts. The Doc- the delay within a reasonable period to enforceable debt’ or ‘unrecoverable trine of Limitation and Prescription find out whether there are any laches debt’, can be used as ‘financial debt’ and is based on two broad considerations. on the part of the Applicant. The stale ‘operational debt’, to initiate corporate

Opinion Express March 2021 25 insolvency resolution process (CIRP) & Eng. Works and Ors., the Hon’ble Su- under IBC or default can occur for not In view of the above, the preme Court of India held that; praying such ‘debt’ if any demand is ……………………………. In the im- raised in respect thereto. In my per- following observation pugned judgment, the Full Bench of sonal opinion, the question framed in the Karnataka High Court has recorded the above cases was itself incorrect and of the Hon’ble Supreme its conclusion that the provisions con- hence conclusion reached is also incor- Court and Hon’ble tained in Section 458A of the Compa- rect in law, particularly in view of many nies Act does not confer a fresh cause of judgements of the Hon’ble Supreme Delhi High Court are action and, therefore, if the time for the Court and many high courts, where it very apt to reproduce, claim is already barred under the rel- was clearly held that a ‘debt’ which is evant provision of the Limitation Act, not enforceable in law or fact cannot regarding the meaning then the appointment of official liqui- be revived for the purposes of ‘winding dator on an application being filed for up’ proceedings under the provisions of and scope of ‘debt’ winding up of the company, would not Companies Act, 1956. There are no two even in the proceedings revive the barred date. It appears that opinions that ‘winding up proceedings’, the aforesaid view of the Karnataka High like ‘initiation of corporate insolvency which are not recovery Court is in agreement with the decision resolution process’ are also not pro- proceedings, like of the Madras High Court in 63 Compa- ceedings for recovery of a debt and that ny Cases 749 and is in variance with the if corporate insolvency resolution pro- winding up and CIRP two Full Bench decisions, one of Delhi cess (CIRP) fails, then corporate debtor High Court in MANU/DE/0038/1978: must be ordered to be liquidated under under the IBC. AIR1978Delhi158 : AIR1978Delhi158 the provisions of IBC, like ‘final wind- and the other of Kerala High Court in ing up order’, leading to distribution of Insolvency Resolution Process (IRP) MANU/KE/0009/1989 : AIR1989K- assets of the corporate debtor to its all does not wish the recovery of that claim er41 : AIR1989Ker41 . In the absence stakeholders. It may also be noted that, by seeking repayment under CIRP or of any authoritative pronouncement whereas the Hon’ble High Court, in under liquidation process. of this Court on the question, it would, winding up proceedings had the discre- In view of the above, the following therefore, be necessary to examine the tion to finally winding up the company observation of the Hon’ble Supreme different views expressed by different or not, there is now compulsory liquida- Court and Hon’ble Delhi High Court High Courts as well as the relevant pro- tion of corporate debtor if corporate in- are very apt to reproduce, regarding visions of the Companies Act, and to solvency resolution process fails for any the meaning and scope of ‘debt’ even in find out which view is correct. reason. Hence the ultimate net result of the proceedings which are not recovery 2. Under the provisions of the Com- both processes was and is the same. In proceedings, like winding up and CIRP panies Act, a winding up proceeding my opinion, it will be commercial ab- under the IBC. commences by presentation of a peti- surdity and far from the truth to state In Karnataka Steel & Wire Products tion as provided under Sub-section (1) that any person who files a claim before and Ors. Vs. Kohinoor Rolling Shutters of Section 441 of the said Act and at any

26 March 2021 Opinion Express time, after the presentation of a winding the Companies Act would be excluded up petition, the Court may appoint the Under Sub-section (2) for computing the period of limitation official liquidator. Under Section 446 for a claim petition being filed under of the Act, once an official liquidator is of Section 446, it is the Section 446(2)(b) of the Companies appointed, then all legal proceedings Act read with Article 137 of the Limita- against the company can be proceeded winding up Court which tion Act. In the aforesaid case, the Full with only with the leave of the Com- gets the jurisdiction to Bench of Kerala High Court came to pany Judge and subject to such terms hold that the starting point of limitation as the Company Court imposes. Under entertain any suit or for claim under Section 446(2)(b) is the Sub-section (2) of Section 446, it is the proceeding by or against date on which the winding up is passed winding up Court which gets the juris- or a provisional liquidator is appointed diction to entertain any suit or proceed- the company as well as and Article 137 of the Limitation Act ing by or against the company as well as any claim made by or applies to such proceedings. It further any claim made by or against the com- held that the effect of Section 458A of pany. Section 458A merely excludes the against the company. the Companies Act is that the period time in computing the period of limita- from the date of commencement of tion for any claim. The aforesaid section ed by the Delhi High Court. The order winding up of the company to the date is extracted herein-below in extenso for Judgment of the Delhi High Court in the on which the winding up order is made better appreciation of point in issue: case of R.C. Abrol & Co. Pvt. Ltd. v. A.R and a further period of one year are to “Section 458A. Notwithstanding Chaddha & Co., MANU/DE/0039/1978 be excluded in computing the period of anything in the Indian Limitation Act, : AIR1978Delhi167 , the question of limitation. But where a claim which was 1908 (9 of 1908) or in any other law consideration was whether for an ap- barred on the date and winding up pe- for the time being in force, in comput- plication under Section 446(2)(b) of the tition is filed, would revive on account ing the period of limitation prescribed Companies Act, the provisions of Article of Section 458A of the Companies Act for any suit or application in the name 137 of the Limitation Act would apply was never raised or considered in the and on behalf of a company which is be- or not and the High Court answered the aforesaid case. In a latter decision of the ing wound up by the Court, the period same in the affirmative. That is not the Delhi High Court however in the case from the date of commencement of the dispute in the case in hand inasmuch as Liberty Finance Pvt. Ltd (In liquida- winding up of the company to the date there is no dispute about the applicabil- tion) v. Pandit Radha Mohan and Ors. on which the winding up order is made ity of Article 137 of the Limitation Act to MANU/DE/0080/1978 , Ranganthan (both inclusive) and a period of one year an application filed for enforcement un- J, as he then was, considered the ques- immediately following the date of the der Section 446(2)(b) of the Companies tion, which is the subject matter of con- winding up order shall be excluded.” Act. So far as the Judgment of Kerala sideration in the case in hand and held In the case of Faridabad Cold High Court is concerned, in the case of that the expression “any claim” occur- Storage & Allied Industry v. Of- K.P. Ulahannan and Ors. v. The Wan- ring in Section 446(2)(b) of the Com- ficial Liquidator of Ammonia door Jupiter chits (P) Ltd. , the ques- panies Act means, “a claim which is le- Supplies Corpn. (P) Ltd. MANU/ tion for consideration was whether the gally enforceable and, therefore, a claim DE/0038/1978 : AIR1978Delhi158 , time prescribed under Section 458A of which had become time barred on the the question for consideration was as to what is the period of limitation for a claim filed under Section 446(2) of the Companies Act and what is the starting point of the said period of limitation. It was held by the Full Bench of Delhi High Court that any such application in respect of a claim filed under Section 446(2) of the Companies Act is covered by the residuary article under Article 137 of the Limitation Act and the period of limitation is three years form the date when the right to apply accrues. The Court further held that the right to file a claim petition under Section 446(2) in respect of a claim enforceable at law on the date of the winding up order, aris- es on the date the winding up order is passed. The period of limitation of three years would, therefore, be from the date of the winding up order, after giving full effect to the provisions of, and the ben- efit of Section 458A of the Companies Act. The point in issue in case in hand is something different than the point that arose for consideration and was decid-

Opinion Express March 2021 27 It was further held that reading Section 458A of the Companies Act and Article 137 of the Limitation Act together, such an application by the official liquidator should be filed within a period of four years from the date of the winding up order. date of presentation of the winding up Parry and Company Ltd., 1989 CC 309. The Legislature, by way of an amend- petition cannot be described as a legally 3. On a plain reading of the provi- ment, brought into force the provisions enforceable claim and the provisions of sions contained in Section 458A of the of Section 458A, so that in official liqui- Section 446(2)(b) do not enable the of- Companies Act, it is crystal clear that dator, who is supposed to be in custody ficial liquidator to file or receive claims the aforesaid provision merely excludes of the assets and liability of the com- which had been quietened by the lapse the period, during which a company pany, would be able to file a claim on of time.” Where there is an enforce- was being wound up by the Court from behalf of the company, (SIC) legally en- able claim as on the date of the wind- the date of the commencement of the forceable on the date of the winding up, ing up petition, the official liquidator winding up till the order of winding up after excluding the period, indicating can make an application under Section is made and an additional period of one under Section 458A of the Companies 446(2) and such an application will at- year immediately following the date Act, so that the company or its share- tract the provision of Article 137 of the of the winding up. In other words, in holders will not suffer any loss. But Limitation Act. It was further held that respect of a legally enforceable claim, by no stretch of imagination, the said reading Section 458A of the Companies which claim could have been made by provisions contained in Section 458A Act and Article 137 of the Limitation Act the company on the date on which the can be construed to mean that even a together, such an application by the of- applications for winding up is made, barred date or a claim which was not ficial liquidator should be filed within could be filed by the official liquidator enforceable on the date of the winding a period of four years from the date of by taking the benefit of Section 458A of up, would stand revived, once a wind- the winding up order. To the same ef- the Companies Act and getting the pe- ing up application is filed and order is fect is the Judgment of the Punjab and riod of four years to be excluded from made by virtue of Section 458A of the Haryana High Court in the case of Mar- the period of three years, as provided Companies Act. We, therefore, affirm uti Limited (In Liquidation) and Anr. v. under Article 137 of the Limitation Act. the view taken by the Karnataka High

28 March 2021 Opinion Express ristic purposes, he would be shown as a of section 3(11) of the IBC, debt means debtor. In other words, would be illogi- a liability or obligation in respect of a cal to say that a debtor or an employer, claim which is due from any person and holding on to unpaid dues, should be includes a financial debt and operation- given the benefit of his showing the al debt. The word ‘due’ used in the defi- amount as a liability, even though he nition of ‘debt’ signifies that the debt would be entitled in law to say that a shall be an enforceable debt. In other claim for its recovery is time barred, words, the debt shall be legally due and and continue to enjoy the amount. The recoverable. The said intention of legis- second reason why the assessee’s con- lature becomes clear from the definition tention is unacceptable is because with of ‘default’ provided in section 3(12) of effect from 1-4-1997 by virtue of Fi- the IBC. In terms of the provisions of nance Act, 1996 (No.2), an Explanation Section 3(12) of the IBC, default means was added to Section 41 which spells non-payment of debt when whole or out that “loss or expenditure or some any part or instalment of the amount of benefit in respect of any such trading li- debt has become due and payable and ability by way of remission or cessation is not repaid by the debtor or corporate thereof” shall include the remission or debtor, as the case may be. Hence the cessation of any liability by a unilateral act by the first mentioned person un- der clause”. The expression “include” is significant; Parliament did not use the The submission of the expression “means”. Necessarily, even assessee that no period omission to pay, over a period of time, and the resultant benefit derived by of limitation is provided the employer/assessee would therefore for under the Industrial qualify as a cessation of liability, albeit by operation of law. Disputes Act, as a result 9. The submission of the assessee of which it is exposed that no period of limitation is provided for under the Industrial Disputes Act, to liability at any time, as a result of which it is exposed to li- ability at any time, is insubstantial and is insubstantial and unpersuasive. This is because in The unpersuasive. Nedungadi Bank Ltd. vs K.P. Madha- vankutty MANU/SC/0049/2000 : AIR 2000 SC 839 the Supreme Court held word ‘due’ signify that the debt shall be that even though under the Act no pe- legally enforceable against the corporate riod of limitation has been prescribed, debtor and the word ‘payable’ signifies a stale dispute one where the employee that the debt shall be recoverable in fact approaches the forum under the Act af- and in law. In other commercial sense ter an inordinate delay cannot be enter- it should be ‘alive’ and ‘living’ debt. In Court under the impugned Judgment tained and adjudicated. In view of the this regard, the following words of the and dismiss these appeals. There will be foregoing reasons, the question of law is Hon’ble Supreme Court in the case of no orders as to costs. answered in the affirmative, in favour of M/s Innovative Industries require spe- The Hon’ble Delhi High Court, the revenue, and against the assessee; cial attention of one and all; in CIT Vs. Chipsoft Technology consequently the orders of the Com- “It is at the stage of Section 7(5), Pvt. Ltd. has held as under: missioner (Appeals) and the impugned where the adjudicating authority is to be “8. Two aspects are to be noticed in order of the ITAT are hereby set aside. satisfied that a default has not occurred this context. The first is that the view The order of the Assessing Officer is in the sense that the “debt”, which may that liability does not cease as long as it hereby restored. The appeal is allowed also include a disputed claim, is not is reflected in the books, and that mere in the above terms without any order on due. A debt may not be due if it is not lapse of the time given to the creditor or costs.” payable in law or in fact.” the workman, to recover the amounts From the aforesaid it is clear that a Accordingly, the question here arises due, does not efface the liability, though ‘debt’ which is rendered unrecoverable is that can the debt shall be considered it bars the remedy. This view, with re- under the provisions of Limitation Act, as duly recoverable for an indefinite pe- spect is an abstract and theoretical one, cannot be claimed in commercial sense riod of time for the purpose of the pro- and does not ground itself in reality. In- and that such debt can be written off as ceedings under the IBC. If the rationale terpretation of laws, particularly fiscal bad debt and even form part and par- of the judgement passed in Speculam and commercial legislation is increas- cel of profit and loss of a commercial Plast Pvt. Ltd. Vs. PTC Techno Pvt. Ltd. ingly based on pragmatic realities, which enterprises for the purpose of Income is to be followed then a holder of an un- means that even though the law permits Tax and Companies Act. Now revert- paid debt which became due and pay- the debtor to take all defences, and suc- ing to the provisions of IBC it may be able 3 years or more in the past but not cessfully avoid liability, for abstract ju- noted that pursuant to the provisions enforced in law, in presenty can also be

Opinion Express March 2021 29 used as ‘financial debt’ or ‘operational debt’ to initiate proceedings under IBC and as a result of the same, the Adju- It is a serious question to ponder as to whether a dicating Authority will entertain such person who cannot claim the amount of his debt by petitions under IBC which debt other- wise in law are unrecoverable claims, filing a suit for recovery because his debt is debarred dead debts and lifeless, unenforceable by law of limitation, can be allowed to file a petition claims, under the law of limitation. This certainly can not be the intention of the under IBC even as his claim of debt is not legally parliament to make dead debt alive and enforceable for the purposes of IBC, recoverable due to the law of limitation and enjoy the nor is such interpretation permissible satisfaction of such a claim either as part of CIRP or in law. It is a serious question to ponder as under the liquidation if CIRP fails for any reason. to whether a person who cannot claim the amount of his debt by filing a suit for tation cannot file a petition for winding the face of it not one which can be en- recovery because his debt is debarred up of a company on the ground of its in- forced, it is unnecessary to examine as by law of limitation, can be allowed to ability to pay debt since his debt is not to whether the claim is a genuine claim, file a petition under IBC even as his legally recoverable. and as to whether the respondent has a claim of debt is not legally recoverable In Interactive Media And ... vs Go bona fide and reasonable defence on the due to the law of limitation and enjoy Airlines Limited, the Hon’ble Delhi merits to the claim. The right to apply the satisfaction of such a claim either as High Court has held that a winding up for winding up under section 439(b) is part of CIRP or under the liquidation if petition will be maintainable when a a right conferred on the credits and not CIRP fails for any reason. A debt which company is unable to pay the debt which on any person, however anxious that becomes due shall be considered as le- is due and payable. The debt should be person may be, to have the company gally payable or recoverable within the one which is legally recoverable and is wound up.” time limit prescribed under the agree- not barred by the law of limitation. What was true in commercial world ment executed for such debt transac- In another case of Niyogi Offset in the case of winding up petition under tion and, if such time limit is not pre- Printing Press Limited versus Doctor section 433(e) of the Companies Act, scribed under such agreement, then the Morepen Limited, (2009) 149 Compa- 1956 should be true for the proceedings same shall be recoverable within the ny Cases 467, it was held that “27. The under IBC. Under the Companies Act, reasonable period of time. What shall claim of the petitioner for recovery of 1956, the debt which were ‘due and pay- be considered as reasonable period of the amount has become barred by time. able’ was the basis for determining the time is prescribed under the Limitation If the petitioner files a suit for recovery filing of winding up petition and simi- Act, 1963 and hence the same shall be of the said amount, the suit will be dis- larly, under the IBC, a default, on the followed. A debt, the recovery of which missed as barred by time. If the claim occurrence of which proceedings under is barred by limitation, cannot be con- of the petitioner to recover the amount IBC can be initiated, is said to be made sidered as legal debt for the purpose of has become barred by time, it will not in payment of debt when there is non- proceedings under IBC as such debt has be appropriate to initiate the process of payment of amount which has become no longer remained payable. It is nei- winding up of the respondent company. ‘due and payable’. A debt when become ther due nor repayable. It cannot satisfy Under Section 433(e) of the Companies payable and not demanded within the requirement of ‘default’ which is Act, 1956 the machinery for winding up the time period prescribed, cannot be essential requirement of triggering cor- cannot be allowed to be utilized merely claimed from the creditor by filing a porate insolvency resolution process, as a means for realizing debts due from case before the adjudicating authority. under the provisions of sections 7, 9 or a company which is also barred by time. The debt of such person cannot be con- 10 of IBC. Consequently there are no grounds to sidered for payment even at the time of Even under the earlier Companies initiate the winding up proceedings liquidation of such company and hence Act, 1956, in a petition of winding up against the respondent company. The shall also not been considered as ‘finan- on the ground of inability to pay debt, petition, therefore, is without merit cial debt’ or ‘operational debt’ for the the debt which were time barred were is liable to be dismissed. The petition, purpose of initiation of IBC proceed- not considered even though there is no therefore, is dismissed.” ings. It is my fervent plea that issue be specific provisions under the said Act In another case of Vijayalakshmi Art correctly examined on the basis of com- which provides about the applicability Productions vs Vijaya Productions Pvt. mercial reality and on the hypotheti- of Limitation Act, 1963 on the proceed- Ltd., 1997 88 CompCas 353 Mad, 1996 cal basis. In my personal view there is ings of winding up before the Hon’ble (2) CTC 396, the Hon’ble Madras High nothing which is self sufficient and can High Courts. It is also pertinent to note Court also held that: operate in vacuum, even if it is a code here is that the Companies Act, 1956 “In the summary enquiry under sec- by itself. IBC is also another law of the also uses the word ‘due’ and ‘payable’ tion 433 at the stage of admission before land like others and must pass the test which were tested and interpreted by deciding as to whether winding up pro- of ground reality and commercial wis- the various Hon’ble High Courts from ceedings should be initiated the court to dom and public policy. time to time. In various judgements ascertain whether, inter alia, the claim passed by the Hon’ble High Courts of made by the creditor is barred by limita- (The writer is a senior Advo- respective states, it has been held that tion or whether it is legally enforceable. cate & president, NCLT Bar As- a creditor whose debt is barred by limi- If the claim made by the creditor is on sociation New Delhi)

30 March 2021 Opinion Express It is time for new ways in auctions for optimisation of national resources

Opinion Express March 2021 31 It’s time, we must stop plundering of natural resources J Gopikrishnan

n India action on allotment of natural resources streamlined af- Iter the land mark Judgment given by Supreme Court Judges GS Singhvi and AK Ganguly in 2G Spectrum scam and subsequent Presidential Reference given by the then Chief Justice of India SK Kapadia in 2012. It was the outcome of the public interest litigations filed by BJP leader Subramanain Swamy and noted lawyer Prashant Bhushan. Though in 2001, telecom spectrum was auctioned; subsequent allotments were done through arbitrary ways lead- ing to the 2G Scam and huge anti-cor- ruption wave in the country and ended up the process of streaming the auction

The auction ended on this collapse. First – People in Govern- curbed only through more transparent the very first day due ment wanted to teach Supreme Court and scientific ways in auction, which to the non-cooperation a lesson which cancelled all 122 2G li- is now adopted in many western coun- censes and started monitoring 2G Scam tries. Now it is time for the Country to of bidders. There were probe. Second – All the Corporates look for new transparent ways to curb many reasons for this don’t want to increase the price of the the ‘Jugad” or tricks in the auctions to spectrum and would to control the price curb the pricing. collapse. First – People of next mandatory auction in 2014. In USA, Spectrum auction is through in Government wanted So auction in ended on the very first a very better way known as Dynamic day. Look at the money got from the Spectrum Arbitrage. There are many to teach Supreme Court failed auction. Just 19 licenses were scholarly articles available in internet sold for Rs.9400 crore. Compare this about Dynamic Spectrum Arbitrate a lesson which cancelled figure with Raja’s 2G scam where 122 li- which provides huge revenue to the all 122 2G licenses and cense were allotted to in fraud way and exchequer. This kind of model in many got only Rs.9200 crore. similar ways is used in many democrat- started monitoring 2G Similar was the money arrived in ic countries which encourages Public – Scam probe the exchequer through auction of coal Private – Partnership (PPP) Model like mines after the Supreme Court and CAG India. In India, sadly or unfortunately, interventions. Sadly across the World, PPP Model at last turned out to be a, of natural resources like spectrum and people in Government and Corporates area for playing tricks by Private Part- coal by the intervention of Supreme unite in getting natural resources like ner and Government is supposed to be Court and expose by Comptroller and Spectrum, Coal, Water etc. There are the sole burden taker. Classic example Auditor General (CAG) of India. In many ways be found out to curb the on this regard is the scooting of private 2003 Government reiterated that auc- spirit of auction. Look at the 2010 auc- partner (Anil Ambani Group) from the tion should be conducted in future. But tion of 3G airwaves. There was a carteli- Delhi Airport Express Metro. till 2G Scam was blown out of propor- sation by certain corporates to curb the In Dynamic Arbitrage Model prac- tion people in Government and corpo- prices. Tata, Aircel, Idea all were in- tised in Western countries, the natural rates and lobbyists preferred arbitrary volved. We have seen the controversies resources always belong to the Gov- allotments in crooked ways. The auc- in the BWA (so called 4G) auction and ernment and private partner is only a tion became mandatory from 2010 with back door entry of Mukesh Ambani. distributor of the services generated the auction of 3G and BWA spectrum There is no doubt that same kind from the natural resources. But in In- (somehow called as 4G). From 2010 to of cartelisation happened in auction dia, Government always shy away from 2016, the country’s exchequer earned of coal mines too. There was a mutual the custodian responsibility. But let us more than Rs.3.6 lakh crores. understanding between corporates in hope, our country would also come out Meanwhile in 2012, people in Gov- 2016 spectrum auction for not bidding with such progressive and transparent ernment and corporates collapsed the for 700 MHz spectrum. The fact of the mechanism in conducting auctions to 2012 auction directed by Supreme matter is this kind of No: 2 games hap- get maximum revenue. Court. The auction ended on the very pen only with the blessing or approval (J Gopikrishnan is Special first day due to the non-cooperation of of people in Government. Correspondent with ‘The bidders. There were many reasons for These kinds of practises can be Pioneer’ daily)

32 March 2021 Opinion Express INDIA AND BRAZIL – HOME WITHIN A HOME A peek into the life of Brazil’s most famous city

By Carlyta Mouhini ( Maria )

eing from an Indo-Brazilian The present day city of Rio sits within the long origin and as a resident of shadow of one of the world’s newest seven Mumbai, I was absolutely thrilled when the Editor of wonders. My soul will always remain attached ‘OpinionB Express’ told me to write to ‘MtCorcovado’. As suddenly you will feel that an article on delectable country Bra- zil from my own perception as I lived you have all the air in the world around you and there for a considerable time in Rio and hence to guide the readers of the abso- all for yourself, but... you can’t breathe it! The lute ’Virginal Brazil’ to the Indians and Corcovado and the statue of Christ the Redeemer the world (in Portuguese Christo Redentor) that sits on top of The journey beginning with it, is certainly the most important monument. Rio–De –Janeiro …. A background brief on Rio - The site of Rio de Janeiro was founded by Portu- of a river, the city was named in honour to gain an economic and strategic foot- guese explorers as they entered Guana- of the day, Rio de Janeiro, or River of hold in Brazil. After two years of battles bara Bay on the first of January, 1502. January. French traders also settled in (1565-67), the French were expelled Since the bay was considered the mouth the Guanabara Bay area, in an attempt and the site of Rio was moved up onto

Opinion Express March 2021 33 a hill, later known as Castle Hill, for monument. The statue is a magnificent protection from further invasions. Rio example of Art Deco sculpture. It was grew on the exporting of sugar cane, The present day city of completed in 1931, 9 years late as it was grown on the surrounding plains. Even- Rio sits within the long supposed to be built in 1922 in honour tually gold and diamonds were found in of Brazil’s 100th year of independence. the Mines Gerais area. Many Europeans shadow of one of the The statue stands 38 meters high and moved here after this discovery and in world’s newest seven looks out eastward towards Sugar Loaf 1763 the capital was moved from Salva- Mountain. It was designed by Heitor da dor to Rio, further increasing its promi- wonders. My soul will Silva Costa, a Rio engineer and sculpted nence. by Paul Landowski, a Polish-French The present day city of Rio sits with- always remain attached sculptor out of reinforced concrete with in the long shadow of one of the world’s to ‘MtCorcovado’. soapstone layers covering it. . newest seven wonders. My soul will With his unblinking eyes and his always remain attached to ‘MtCorco- breathe it! The Corcovado and the all-encompassing outstretched arms, vado’. As suddenly you will feel that statue of Christ the Redeemer (in Por- Cristo the Redeemer welcomes all to the you have all the air in the world around tuguese Christo Redentor) that sits on city he overlooks. In Rio, Cristo is every- you and all for yourself, but... you can’t top of it, is certainly the most important where you look, your eyes will instantly

34 March 2021 Opinion Express in a wheelchair) and take the steps to the top and know this, once you get to the top you will have your reward. For those who are on a budget take the 584 bus which runs through almost all the tourist areas and deposits you right at the train station for a mere $2 real. It’s the best deal in town! I have visited the Corcovado (means hunch- back) many a times coz of its magnetism that also included Sugar Loaf Mountain (and getting stuck in traffic jams so you have been warned!). The tour included the price of going up to the statue at the top of the 710 metre by way of a rack

The views from Christ the Redeemer are well... quite frankly there isn’t anything that can be written that can properly describe the deep purple ocean spilling up against the curvaceous coastline with oval shaped mountains rising high into the sky...so why even bother? But I will say this be sure to go on a sunny day..

railway that takes you along the edge of Rio’s stunning Tijuca Forest. I visited the monument in the late afternoon, just before sunset. It was very crowded and it was hard to manoeuvre around the base of the statue. Still the views were stunning. You can see all Re De be drawn to his high dwelling presence if you don’t you may end up feeling like Janiero from here, including the famed above and you will find you are mes- your head is in the clouds...quite liter- Copacabana and Ipenema beaches and merized by him...even if you happen to ally. Cloudy days often mean you views the world-famous Maracana football be a Jew, Muslim, or Atheist. Because of Rio will be views of a milky white stadium where the World Cup football this particular Cristo pays no mind to mist. So check the ten day weather be- (WCF) 2014 was held. A Highlight - Bra- your religious views...rather he offers fore planning your visit. Speaking of zil is the spiritual home of football. The majestic, panoramic views of of one of which heeding his call consists of many passion for the game here is incredible the most magnificent cities in the world options including tour groups, taxis, or and so we believe that the 2014 World for all those who will heed his call. The buses all of which end up at the train Cup was the greatest ever. views from Christ the Redeemer are station. But the reward of ascending up The mountain is located in a very well...quite frankly there isn’t anything to bask in his presence does have a cost safe area of Rio, all surrounded by that can be written that can properly $36 real to be exact, for a round-trip Military Schools and Fortress which describe the deep purple ocean spilling ticket that will take you to the stairway reminds a little bit of West Point in the up against the curvaceous coastline with to heaven....220 steps to be exact. And States, right next to the Pão de Açucar oval shaped mountains rising high into for those who don’t feel like putting in you can see the cute Vermelha Beach the sky...so why even bother? But I will the effort there is an elevator as well. where the Portuguese first set foot in say this be sure to go on a sunny day... But do yourself a favour (unless you’re 1503 and a very green and magnificent

Opinion Express March 2021 35 a hill, later known as Castle Hill, for monument. The statue is a magnificent protection from further invasions. Rio example of Art Deco sculpture. It was grew on the exporting of sugar cane, The present day city of completed in 1931, 9 years late as it was grown on the surrounding plains. Even- Rio sits within the long supposed to be built in 1922 in honour tually gold and diamonds were found in of Brazil’s 100th year of independence. the Mines Gerais area. Many Europeans shadow of one of the The statue stands 38 meters high and moved here after this discovery and in world’s newest seven looks out eastward towards Sugar Loaf 1763 the capital was moved from Salva- Mountain. It was designed by Heitor da dor to Rio, further increasing its promi- wonders. My soul will Silva Costa, a Rio engineer and sculpted nence. by Paul Landowski, a Polish-French The present day city of Rio sits with- always remain attached sculptor out of reinforced concrete with in the long shadow of one of the world’s to ‘MtCorcovado’. soapstone layers covering it. . newest seven wonders. My soul will With his unblinking eyes and his always remain attached to ‘MtCorco- breathe it! The Corcovado and the all-encompassing outstretched arms, vado’. As suddenly you will feel that statue of Christ the Redeemer (in Por- Cristo the Redeemer welcomes all to the you have all the air in the world around tuguese Christo Redentor) that sits on city he overlooks. In Rio, Cristo is every- you and all for yourself, but... you can’t top of it, is certainly the most important where you look, your eyes will instantly

36 March 2021 Opinion Express in a wheelchair) and take the steps to the top and know this, once you get to the top you will have your reward. For those who are on a budget take the 584 bus which runs through almost all the tourist areas and deposits you right at the train station for a mere $2 real. It’s the best deal in town! I have visited the Corcovado (means hunch- back) many a times coz of its magnetism that also included Sugar Loaf Mountain (and getting stuck in traffic jams so you have been warned!). The tour included the price of going up to the statue at the top of the 710 metre by way of a rack

The views from Christ the Redeemer are well... quite frankly there isn’t anything that can be written that can properly describe the deep purple ocean spilling up against the curvaceous coastline with oval shaped mountains rising high into the sky...so why even bother? But I will say this be sure to go on a sunny day..

railway that takes you along the edge of Rio’s stunning Tijuca Forest. I visited the monument in the late afternoon, just before sunset. It was very crowded and it was hard to manoeuvre around the base of the statue. Still the views were stunning. You can see all Re De be drawn to his high dwelling presence if you don’t you may end up feeling like Janiero from here, including the famed above and you will find you are mes- your head is in the clouds...quite liter- Copacabana and Ipenema beaches and merized by him...even if you happen to ally. Cloudy days often mean you views the world-famous Maracana football be a Jew, Muslim, or Atheist. Because of Rio will be views of a milky white stadium where the World Cup football this particular Cristo pays no mind to mist. So check the ten day weather be- (WCF) 2014 was held. A Highlight - Bra- your religious views...rather he offers fore planning your visit. Speaking of zil is the spiritual home of football. The majestic, panoramic views of of one of which heeding his call consists of many passion for the game here is incredible the most magnificent cities in the world options including tour groups, taxis, or and so we believe that the 2014 World for all those who will heed his call. The buses all of which end up at the train Cup was the greatest ever. views from Christ the Redeemer are station. But the reward of ascending up The mountain is located in a very well...quite frankly there isn’t anything to bask in his presence does have a cost safe area of Rio, all surrounded by that can be written that can properly $36 real to be exact, for a round-trip Military Schools and Fortress which describe the deep purple ocean spilling ticket that will take you to the stairway reminds a little bit of West Point in the up against the curvaceous coastline with to heaven....220 steps to be exact. And States, right next to the Pão de Açucar oval shaped mountains rising high into for those who don’t feel like putting in you can see the cute Vermelha Beach the sky...so why even bother? But I will the effort there is an elevator as well. where the Portuguese first set foot in say this be sure to go on a sunny day... But do yourself a favour (unless you’re 1503 and a very green and magnificent

Opinion Express March 2021 37 trail which provides a great surprise do this only because we didn’t want to in your day called PISTA CLAUDIO make the poor guy wait for us, hoping COUTINHO! This might be a good that we will come back to pay him. We The Christ the Redeemer is subject idea since the lines for also wanted to take all the time we need- to regular restorations and more minor ed taking pictures for my friends who maintenance work. As you can imagine the trains are very long. were touring Rio from across the Globe. standing on top of an exposed hill in a We did not do this only Tickets on the train that takes you to polluted city, the statue is subject a great Big J is $30 reals a person = $11.26 a deal of environmental hazards. It must because we didn’t want person. Tickets are timed, so if there is be quite an effort to keep it as white as it a big queue you might have to wait a is. If you are going on your own, the cost to make the poor guy half hour or more before hopping into of your visit is R$36.00. It is open daily wait for us, hoping that the train. The clouds might clear like it from 8:30am to 8pm. It is usually very did for us. It is very crowded up there busy here with tourists buying all kinds we will come back to pay when you take pictures so be prepared of souvenirs in the overpriced shops. him. to elbow some grandmothers. One can get there via taxi but there is a A personal experience I would like bus 583 and the subway. Don’t forget to Cab ride with tip from Ipanema Beach to share with my readers ….We were of- take pictures of the city from this great to Corcovado is $15.50 Reals = $5.82 fered a tour to take us here and Sugar vantage point. There are many ways US dollars ( 1 Dollar is 60 INR ). The Loaf for 210 Real but as it turns out we of getting up there but i would recom- cab driver might ask you if you want to were pleased we headed here on our own mend taking the little train as that takes be driven up to Christ and then he will by taxi . It was so easy to do and gave us you through some really nice nature on wait for you, and then drive you back. the time we wanted to explore. We also the way up the mountain and you have This might be a good idea since the lines saved a bundle! We flagged a taxi and some great views from the train too. for the trains are very long. We did not it took us 30 minutes in traffic and 28

38 March 2021 Opinion Express The train was running so we were taken to the top by a shuttle bus .The entrance fee is 17Real.At the stop are 200 steps or an elevator to take you to the top .We opted for the later and it was better !! By the way the cab driver didn’t turn off the meter...see how that unfolded in my Sugar Loaf Tip!

rhythm ) , The girl from Ipanema( fa- la Tour’ keep in mind that these are real mous Jazz song ) and many other things people living their day to day life. A that we could see in this fantastic place! favela is not a zoo for people from first Even a little walk, you can have a great world countries to quickly drive through idea of the Carioca way of life!I’m not a so they can say they’ve been there. You Carioca, I was born in Nteroi (which I have to actually live or visit consistently like very much) 70 miles away fm Rio a place to really know it and its people. connected by world’s spectacular bridge And contrary to popular belief, the overlooking the Rio coastline, but I have people of the favela see no money from a special passion because Rio is always these tours. If anyone sees the money beautiful and Rio is something that you it’s the drug lord. Why don’t you guys must see it for yourself! just hand your purses directly to them? The Bay Area covers the most popu- Now I’ll get off my soap box :-) lated areas of Rio and the Ocean holds the well off part of the population in a SAMBA N CARNIVAL……… way. Sure that neighbourhoods like elite Brazil is usually thought of as the Botafogo ( where we have our resident ) country as the most exuberant and excit- , Flamengo or Laranjeiras (traditional ing carnival celebrations. The celebra- districts of Rio) can be found there but tion originated in the Catholic countries you can also find the city centre, the of Europe as a party before the coming port of Rio and many industrial areas of Lent – the forty days Christ spent in around the Bay, on the other hand the the wilderness. It was traditional for the best neighbourhoods of Rio and also the celebrations to end on Ash Wednesday most touristy spots can be find around when people then respected the period the Ocean like Copacabana, Ipanema, of abstinence for forty days. The term Leblon or Gavea and Jardim Botanico, ‘carnival’ is thought to have originated and if you continue following the ocean from the Latin ‘carne levare’, meaning you can also head to the west part of the ‘to remove meat’, as eating meat would real to get there. The driver offered to city where the famous Barra da Tijuca is have been prohibited during Lent. Now- wait (saying he would turn off the me- located. A day at the Sugar Loaf, here, adays carnival is not seen as a religious ter. There are lots of taxis so this is not it is named PÃO DE AÇUCAR, will be celebration but more of a street party necessary .The train was running so we the best option for you to understand with lots of music and dancing. The an- were taken to the top by a shuttle bus the city, you will also notice that it is the nual carnival celebrations take place .The entrance fee is 17Real.At the stop landmark which starts the entrance of between the Saturday and the Tuesday are 200 steps or an elevator to take you Guanabara Bay, and you can see on the that precede AshWednesday. The most to the top .We opted for the later and it other edge the so beautiful Holy Cross famous Brazilian carnivals are held in was better !! By the way the cab driver Fortress in Niteroi which is another city Rio de Janeiro and Salvador. In fact, didn’t turn off the meter...see how that of the State, and also the second most the Guinness Book of Records main- unfolded in my Sugar Loaf Tip! important city of Rio de Janeiro. tains that the Salvador carnival is the The roads leading to the sculpture biggest street party in the world! The are closed according to the Brazilian Favela (Indian counterpart most important events of carnival in Environment Ministry. Landslides, rock of ‘Dharavi’ in Mumbai)- Rio, and probably of all Brazilian carni- fall, dampened trees obstruct the traffic. Reality facts vals, are the samba parades. All samba A never experienced Rainfall, because of Favelas are a fact of life here. Many parades have a theme and a storyline, which almost 250 men died, has hit the Cariocas realize the difficult conditions performed by a samba school known as Brazilian metropolis. One of the leading that people who live in favelas have to Sambadrome’ .The preparations for the highlights of Rio are its beaches, such face. Along with that it is understood samba school competitions begin many as Copacabana, Ipanema, Leblon and so that the great majority of those people months before the event as elaborate many others and Guanabara bay along are good people. A favela is a place with costumes are designed and produced with Rio of the Samba, the Caipirinhas, drug lords, crime, and chaos but it is over a period of months while deco- the Cariocas ( local boys /beach boys) also a home to many people. Keep that rated floats are constructed to partici- ,The Carnival, the Bossa nova ( latin in mind. When you go on you are’ ‘Fave- pate in the carnival parade. ( An exact Opinion Express March 2021 39 but easily reachable on subway. Reach the Estacio station and change from Line One to Line Two and get off at Del Castilho station. The station has a pe- destrian flyover that goes straight into the mall. The mall is big and has many stores, Brazilian and international brands which are cheaper than usual. Hippie Fair or Flea market ( the kinds you would find in Goa ) is an out- door flea market every Sunday (dur- ing daylight) where tourists can buy all kinds of things where one can buy t-shirts, jewellery, handicrafts, belt, purse, suitcase, local paintings, musical instruments, Yes, you can bargain with the vendors to negotiate a lower price. Most of them do not speak English and I derived that there may be a huge ‘prob- lem ‘with tourist not equipped with a bit of Portuguese dialect!.We are in a country with 200 million Portuguese speaking people, you know that when précis which I gathered from Reverend beach strips if the ‘tourist pocket’ wants you go to Brazil. So please do a crash Fr.Savio in our Good Shepherd Church- to remain economical and affordable course in Portuguese or carry English 4 Bunglows -Mumbai when I went for to Portuguese speaking dictionary. It’s the recently concluded Easter Sunday WHERE TO SHOP …… always HANDY and you will not feel Mass ) Rio has many recommendable handicapped! Food Outlet in Copa Cabana (Cup shops in the form of regular street So when you are not sure of some- and Saucer) – My favourite eatery out- market located under the large high- thing, like everywhere in the world, let and always recommended) way overpass, which protects most of ASK and when necessary ask again, ask All over Brazil the staple food is meat the vendors from the hot sun as well as for someone who speaks good English, dish oriented, sea food, brown rice, the hard rain.Weekends are alive than there are always few vendors who will do black beans and of course ‘pao’ (bread) the weekdays with lots of vendors and it! The Rio -Brazilians are fantastic peo- But If you want to try a real Brazilian shoppers. There are lots of old antique ple, always in a good mood and in Rio Barbecue (Churrascaria – meat dish) items, old coins and various collectors’ always in for Samba, they are very kind then you must try ‘Sol de Marius’ which treasures, clothes, food, etc. There are and want to help where ever they can! boast of an admirable spread of deli- lots of ‘Cariocas’ so do mind your valu- Very proud also and for some it’s dif- cious sea food, varied meat steaks and ables and watch for pickpockets! (Simi- ficult to confess they don’t understand culinary and of course the all famous lar to India). Rio DeJaneiro has consid- you! It’s impossible to describe how Copa Cabana Salads but not to forget erable rows of tourist shops too. Most wonderful life is here and how content the the lip smacking desserts!. You pay of the typical gear you would like to buy I am when I live in Rio, It’s just what I a set price and then the waiters come for friends and family can be purchased always say, I can live 50 years here, and around with various types of meats on at the beach in Cocacabana or Ipanema. when I just see the Cristo in Corcovado, skewers/swords that they serve by cut- Items include beach towels, swimsuits, I just stop and think that I’m happy to ting it from the skewer. There is also a soccer jerseys etc. Just about every- be in Rio and more than that how I feel big salad bar which is nice but don’t fill thing you could want can be found on to be Brazilian with an amazing Indian up on it. the beaches and for a great price. The blood! Because, when we think about When you are done eating you flip best places for paintings or art work can Brazil, the first place that comes up in the disk in front of you over to the red be found across from the surfers at Ip- our minds is Rio! Come and visit Rio – side so the waiters know to stop bring- anema on the boardwalk. Great stuff! The Land of Rhythm ( Ritmo ) and na- ing you food. On the outskirt of Rio there is ‘Rio ture ! Sol De Marius is a bit pricier than Sul’ which is a shopping mall that will If JESUS CHRIST is from Rio de Ja- most restaurants in Rio but it is worth take care of your every Brazilian made neiro then GOD is Brazilian!. It is not a visit if you want to experience a real fashion need. If I had a full day to spend New York ...but I can say that I always ‘Brazilian Churrascaria’! The price; there, I’d come out with a hundred leave my heart in Rio de Janeiro!!! :) however tends to go a bit on the higher bags, and almost all of them would be My heart is here; all the ‘valued energy’ side - R$650 for three people! That’s full of shoes. The clothes are great too. that I have is rooted HERE! three seafood flat rates at R$175 per Foreigners will go wild for the prices, (The writer is a leading Indo person, one Caipirinha (Brazil’s local which are about half what you’d pay Brazilian Columnist on Interna- brew), two beers, one glass of wine and for comparable goods at home. This is tional Diplomatic issues and Poli- three aperitifs (starters) ! It’s always high-quality stuff, for the most part, all tics, World Trade /Tourism/Heri- preferable to try the innumerable nor- Brazilian-made and all fabulous. It is a tage/Music and Global Fusion mal ‘steak houses’ in Brazil along the shopping mall on the outskirts of Rio Vocalist (ICCR) /Songwriter)

40 March 2021 Opinion Express Priti Patel – A Rising Star of British Politics? A fascinating story of her rise in British politcs

By Kapil Dudakia

he international media have gone to town over the storyline of Priti TPatel, the British Member of Par- liament who is of Indian origin. Hav- ing met Priti many times and getting to know of her politics as well as her community heritage, I felt that may- be the time has come for the world to learn a little bit more about Priti. I will also throw in the mix how I see devel- opments taking place over the coming months and years in British politics. Priti is the daughter of Sushil and Anjana Patel, a Gujarati couple who fled the then increasingly dysfunctional Uganda of the tyrant Idi Amin to take refuge in the UK. She was a bright spark who observed, listened and learnt from her surroundings. The family settled in Hertfordshire and whilst it has now become a cliché, her parents engaged Kapil’s Kaleidoscope in setting up a series of Newsagents (or as some might say, the typical British corner shop) which has now become so synonymous with Asians in the UK. Whilst her parents worked hard, Priti settled into her new environment and focussed on education. It wasn’t long before family and friends noticed her natural instincts in learning new things and applying what she had learnt. Her mathematical ability allowed her to grapple easily with numbers, but then she was the daughter of a shopkeeper Keele University. However, her inter- election, Priti stood for the Conserva- after all. Her parents and grandparents est in politics meant she also went onto tive seat of Witham, a new constituency were people of faith. Every time they to do a postgraduate in British Govern- in central Essex, and won with a major- visited the Mandir little Priti would be ment and Politics at the University of ity of 15,196. She has gone on to win alongside them, as usual, learning of Essex. Her education marked the road the seat again and in 2016 increased the the values imbibed in her by her heri- ahead and though she spent many years majority to 18,646. In the time she has tage faith. Most people don’t know this, working in the private sector, her am- been an MP, she has worked in various but as a child Priti was in fact present bition to become a politician was over positions including, Exchequer Secre- when the foundation stone for the now powering. It was only a matter of time tary to the Treasury, Minister of State world-famous Neasden BAPS Mandir before she would make the transition for Employment and more recently, was laid. to becoming a fulltime politician. Her Secretary of State for International De- The rising star knew of no boundar- big break came during the tenure of PM velopment. She is therefore now known ies to halt her aspirations. She attended Cameron. He saw the huge talent that with the ministerial title of the Rt Hon Watford Grammar School for Girls and resided in Priti and encouraged her to Priti Patel MP. then went on to studying Economics at take that final step. At the 2010 general You might be forgiven in thinking

Opinion Express March 2021 41 that this was all plain sailing for Priti. So let’s put her achievements into some sort of perspective. She was the first Gujarati to sit on the front benches. First Indian woman to have achieved this distinction in the UK. The first Brit- ish Hindu woman to secure such a high position in any British Government. Priti had to break not one, but several glass ceilings in getting to where she is now. She speaks her mind, sometimes a little more forcefully than a politician should, but knowing that she speaks with integrity and an honest perspective is reassuring in the world of politics that is mired by sleaze and deals. She rises above all of this and does what is good for her country, Great Britain. However, she has not forgotten her roots either. She has become a champion for Indians not only in the UK but also in India it- individuals. Her motivation, to ensure liament begins to be seen as a threat to self. I remember the 2014 Indian elec- that the bond between the UK and Is- the establishment. Priti Patel fits the tions that had turned toxic. The media rael remains strong. The media did not bill and had secured the support of sig- on the subcontinent had become politi- see it that way and it became clear that nificant numbers of back benchers in cal and it was clear to the bystander that the knives were out. For the first time Parliament, as well as having a unique it had become anti-Modi. The western in British history a front bench minister connection at the grassroots. Such a media took this lead and without even resigned for actually doing a damn good person had to be taken back a peg or checking facts started to undermine job of protecting the interest of her na- two and we saw how that was done. Of and discredit the then CM Modi. It was tion. History will judge her as a hero, I course, this also means we have firm Priti Patel who stood alone as a British am sure of that. evidence that the rising star of the Con- MP and denounced the biased media. So what is really going on in British servative Party still remains a force to She even wrote to the world-famous politics today. The Conservative Party be reckoned with, and someone who BBC, the so-called custodians of news are of course in power, but not with a even whilst sitting on the back benches integrity, that their coverage of the In- majority so are always watching their commands attention of not only her dian election was biased and very anti- backs lest their policies get derailed. Party, but that of the opposition. Modi. Where politicians fear to tread, This also means that the Prime Minister Consider this, Priti Patel went on a Priti seems to step forward and get on is not seen by her Party, Parliament and holiday to Israel. Whilst there she had with it. It is not just that she is fear- the nation to be in a strong position. All some 12 meetings with people of signifi- less, she is self-reassured in knowing self-evident of course. And with Brexit cance in Israel including the PM of Is- that her dharmic values imbibed since on the horizons the pressure cooker is rael. Now let us all just think about this childhood, will hold her in good stand- well and truly boiling away, almost out logically. Do you honestly think that ing. More recently on a family holiday of control some might say. In these a high-profile Minister like Priti Patel to Israel she took time out to meet the circumstances a strong, self-confident, could have gone to a high profile sensi- Israeli PM and a number of high profile articulate, intelligent Member of Par- tive destination such as Israel, and have some 12 meetings with senior figures including the PM of Israel – and there are people actually claiming they had no idea? As far as my common sense tells me, those who should have known, must have known. They just waited and waited until the time was right and guess what? Mysteriously there was a leak to the leading News agencies and the whole thing was blown up. The weak in Parliament conspired to under- mine Priti Patel because they saw her as a threat to their cosy cabal. The Israeli’s must be wondering what madness pos- sessed the Brits in hounding out a poli- tician who was doing a lot of good for the nation. In my view this has actually strength- ened Priti Patel’s position and I have no doubt, Priti remains the person to look

42 March 2021 Opinion Express out for over the coming years. Her day the EU of their own bravado and how Britain are wise and the vast majority will come, probably sooner than some they will teach the UK a lesson. They are not taking the bait. Unfortunately, might think. all know that in trying to undermine we do see large numbers of these Alt- So what do we make of the British- the UK, they risk destroying their own left extremists taking hold of various Indian relationship now? After all it economies. We have already seen the parts of the Labour Party. The Labour was Priti Patel (with support from PM rise of the far right across Europe. Let Party as we have it today comes across Cameron) who galvanised a mediocre us be very clear, the proportion of vot- to most Indians as anti-India, anti-Mo- relationship between the two countries ers in various countries of Europe that di, pro-Pakistan, supporter of Kashmiri into something that is now seen as very vote for far-right parties is significantly separatists and very much dependent in powerful. Britain still has a lot to do be- higher than anything similar in the UK. many seats on the bulk votes from the fore India will fully commit. Quite obvi- For example, in France Le Pen secured Pakistani community. ous when you think about it. After all some 25% of the popular vote only re- For us in the UK, if the Conserva- India represents the biggest global phe- cently. Germany today is falling apart tive Party wins the next general election nomenon under PM Modi leading the because of Angela Merkel’s reckless im- then I see great progress between our largest democracy to super power sta- migration open door policy and the far two nations. However, if by some mis- tus over the coming decades. Any coun- right AfD is on the march. She still has fortune of fate we end up with a Labour try with an ounce of intelligence will not managed to form a Government and Government, then I fear their rhetoric realise that being on good terms with there is now every risk that the country may well turn into disastrous policies. India is the pre-requisite to their own will go back to the polls again. If they And with that we can kiss the positive economy doing well. Annoy India, and do, the far right will increase their share relationship of our nations away. So I you can kiss the future growth of your of the vote yet again. We see the same say to Indians in India, the Labour Party country away. Whilst one Indian leads pattern across many prominent Euro- in the UK is akin to the Indian National the largest democracy in the world, we pean countries. The lesson is simple, Congress in India. You now know which have another person of Indian origin if a nation stops listening to it’s people side the bread is buttered, choose your who can and will become the very pow- then it will drive some of them to the ex- friends wisely, or forever regret your erhouse of this bi-lateral relationship in tremes. The underlying tones of Europe choices. the UK. Only then can we assure of a have always been based on race and I end my explorative observations good future for Britain post Brexit. white supremacy. If modern Europe un- on the state of play in Europe by an- So what do we make of the Britain der the hand of Merkel allows this ugly swering the question that was set at the of today, and possibly of it over the head to rise again, trust me, it will be top of this piece. Priti Patel – A Rising coming years? Brexit will take place central Europe that will pay the heavi- Star of British Politics? And the answer March 2019, with or without trade est price. As far as Britain is concern, is a resounding Yes. As they say, watch agreements with the EU. Britain is we have our own minor issues (nothing this space and if you really want un- much better placed to ride this storm compares to what you find in Europe) adulterated non-PC commentary and out than most countries of Europe. So and whilst the Alt-left have tried every- observations, follow me on twitter don’t believe the rhetoric coming out of thing to stoke up trouble, the people of at: @kdudakia. At your peril!

Opinion Express March 2021 43 THE END OF AN ERA Mugabe’s removal from power prevents a dynastic legacy in African politics

OE Political Bureau with Mugabe’s tribe, the Shona. A low- policy started to have an impact on Zim- level civil war with the Zimbabwe Afri- babwe’s economy and tens of thousands obert Mugabe will be remem- can People’s Union (ZAPU) associated of Zimbabweans crossed into South Af- bered as the man who never with the Ndebele tribe eventually led to rica exacerbating economic issues in that Rwanted to give up power, and a massacre of over 10,000 citizens. Yet, country. Matters became so bad that it is that will be slightly unfortunate. He was Mugabe’s reputation was not tarnished estimated that over 95 per cent of Zimba- a freedom fighter and was the man re- by these moves, and also managed to bwean youth are unemployed. But even sponsible for ousting minority white neuter all his rivals, particularly Joshua then, Mugabe stayed onto power, often rule in what was once called Southern Nkomo. And for the first half of his rule, using violence and the state’s police and Rhodesia. He led the Zimbabwe Afri- Mugabe, despite being a committed so- Army to stay in power even as he turned can National Union (ZANU) backed by cialist of the Maoist variety, kept Zimba- 90. But it was the love of his second China’s Chairman Mao in a low-level bwe growing and maintained peaceful wife, Grace Marufu, whom he wanted conflict with the segregationist state, race relations with the white minority. to succeed him and that is what finally whose unilateral declaration of inde- But with disgruntlement among his ru- turned the military against him. Much pendence in 1965 was in response to ral support base at the slow pace of eco- like other African dictators Mobutu British Prime Minister Harold Wilson’s nomic growth for them, he began a policy Sese-Seko and Muhammed Gaddafi, attempt to move the country towards of appropriation, often violent with sev- Mugabe had outstayed his welcome and majority rule. This was finally achieved eral white-owned homesteads attacked. driven his country to the precipice. By in 1980 when the nation-state of Zimba- And despite international condemna- preventing a Mugabe dynasty, the Zim- bwe was formed after years of conflict. tion, he was unrepentant. With a wink babwean military can pull the country. However, even though he was a hero of and nudge, South Africa’s ruling party, Blessed with natural resources and im- that nation’s independence, he became a the African national Congress (ANC), mense natural beauty, Zimbabwe can tyrant. Like many other parts of Africa, backed him. recover. One only hopes that the mili- tribal loyalties were greater than na- However, even South Africa’s patience tary and political leaders of the country tional identity and ZANU was identified began to run thin as the appropriation now can save that nation.

44 March 2021 Opinion Express Indonesian beauty queen crowned Miss International 2017 ndonesia’s Kevin Lilliana was crowned Miss International 2017 on Tuesday at an event Iheld at the Tokyo Dome City Hall. This year, a total of 71 women participated in the beauty pageant that was won by Kylie Verzosa of the Philippines in 2016, reports Efe news. “It’s like a dream come true. Indonesia, we made it,” said the 21-year old Lilliana, adding she would use her win to promote world peace and cultural exchanges. The other finalists of the 57th edition of the pageant, held in the Japanese capital for the fifth consecutive year, included Chanelle De Lau from Curacao (first runner-up) and Venezuela’s Diana Croce (second runner-up). Two other finalists, Japan’s Natsuki Tsutsui and Australia’s Amber Dew, won the awards for best national costume and Miss Perfect Body re- spectively. Lilliana also won the award for being the best-dressed contestant.

Opinion Express March 2021 45 Maddy is mad about films A fine actor who bridges the north-south divide .Madhavan, popularly known as Maddy is rid- man wants to have after seeing you then you don’t have to ing a wave being the only actor in India who leads change yourself. Rcharmed life as a star in Bollywood and Kollywood. He has acted in more than 50 movies and also won few If you were offered two movies simultaneously, Filmfare awards. He is not only an actor but has worked one of which is a commercial movie with a reput- as a film producer, as a writer for few of his films, hosted ed director and will make a huge gross worldwide television programmes and has been a prominent celebrity whereas second one is a truly artistic film which re- endorser for multiple brands. He is one of the few actors quires great method acting and which may not be a in India who garners pan-Indian appeal, with his success box office hit, but will earn huge accolades for you in establishing himself in the North and the South Indian and your entire team in a long run ... what would film industries. He is noted for his contributing activities you choose? and promotes various causes such as environment, health The commercial movie as I am strong believer of Box- and education. Interestingly, last year, Madhavan’s critical- office hit. ly-acclaimed movie, Irudhi Suttru (Tamil remake of Saala Khadoos) was screened at the Prestigious International How do you prepare yourself so that you’ll bring the film festival and met with a fabulous response from global right amount of realism and emotion to a scene? people and the media. I try to own the scene. If a scene is given to me, I don’t Nithya Ramesh Model, Actor and film critic in- try and do it like somebody else would have done it. I don’t teracted with R.Madhavan for Opinion Express want to do it like my criticizers or other actors who might Magazine. have already done that sort of scene. I want to make it “The Madhavan’s” so being within the character that has been How are you enjoying your recent success of Kol- defined helps me to try and make it my own. Therefore I lywood release Vikram Vedha? think it becomes unique and one can achieve the right I’m really happy with the movie Vikram Vedha making amount of realism and emotion to a scene. a big hit at the box office in India as well as overseas. It is nice to know that the audiences are adapting the new and You are one of the few actors from South to have different genres of movies that are made these days which made a successful career both in Hindi and Tamil is taking our Indian cinemas to the next level. industry. Could you please elaborate? I was lucky born a Tamilian and was brought up in the What is the most extreme change to your person- Hindi backdrop and this worked as the biggest strength for ality, hair, body weight, etc that you have done to me to get into Bollywood. I’m more of a Hindi north based prepare for a role? guy and I always write my dialogues in Hindi as my Hindi Saala khadoos was an immense transformation for me. is good and there was never a doubt that I was not a Hindi It was tough and it took a year for me to work and get right guy. for the character to look like a retired boxer. I had to grow my moustache and hair. It was well worthy effort that I had Does history interests you? What historical figure put in. would you be interested in portraying some day? How do you choose a script? I’m a historian. (Laughs)To be honest I was always in- I listen to hundreds of scripts, but it has to excite me terested in history and knowing the past in simple terms. I and at the same time my role should fit within my param- believe in this saying “those who do not know history will eters. I look for scripts that are intelligent, age appropriate forever remain nothing more than a child”. I would love to and which would fit in the right experience that the audi- play Alexander The Great. He was spectacular and inspires ences are looking for. me the most. He conquered most of the world when he was 32 and died fairly young. He was arguably the most influen- Is it true that you have to change yourself in order tial ruler in history I would say. to be accepted into the entertainment business? No not at all. One has to be unique to be accepted. First Tell us about what you’re working on now? you need to understand that like everybody else you are I am doing a Bollywood flick Chanda Mama Door Ke. I unique too in some or the other way, you should always be have my next year kind of full and got a couple of films in inspirational and have the ability and strength to portray Tamil and a biopic which will be made in both Hindi and the role assigned to you. That is when you will be accept- Tamil as well, also probably the remake of Vikram Vedha ed by the audience. If you have qualities that the common in Hindi.

46 March 2021 Opinion Express Opinion Express March 2021 47 The “FLAWLESS” star to debut in Bollywood Talented actress Nithya Menen, the South goddess named the “Perfectionist” in acting is on her way to land in Mumbai for her bollywood debut. ithya Menen who faced the cam- era at the age of ten in an Indian NEnglish film, ‘The Monkey Who Knew Too Much’ played the younger sister to actress Tabu. She has acted in several films across industries and es- tablished herself as a “single-take” actor who could pull off any role stealing the attention and praise of audiences with her vivacity. She is one consistent actress who can play many things at her best while she is tapping into her deep well of passion and strength. She brings life to characters on the brink of meltdown. She became the first Telugu actress ever to win Critics Award & the Best Actress Award at Filmfare. Apart from being an actress, she is also a fabulous singer who crooned for above 19 songs in films.

Q. We think you’re on top of your game right now. What do you think it is that makes Nithya Menen so successful? I din’t ever go after success. I didn’t do my work with success in mind. I’m fortunate to have success come my way and I always give that credit to Grace or something that is beyond us. I have had more appreciation than criticism. But sometimes when I don’t do what is expected or if there is a certain rule that I don’t follow, and then I get criticised. I think my choice of films and my style of working has always been what truly felt right to me and what was in alignment with my soul. I have never taken a com- try could grow and expand to a greater risks. I did what made sense to me. To monly followed path. space. All the decisions taken for the my surprise there were many people film should be made with the script in who would think that the kind of films Q. What is that one thing you’d the centre of everything. I did and people who I chose to work like to change about in the film in- with were very unusual. I did films as I dustry? Q. Any historical character that felt right at that point of time. The suc- A majority of the films in south film you would like to play? cess and credibility I have today is only industry where I have worked so far are I would love to play a warrior queen a result of every single one of those de- mostly people centric rather than being or princess. I think it would suit me. cisions I have made. script centric. There is an imbalance when a project is built around an actor Q. What is the biggest risk that Q. You are one of the most or a director or any one person. If this you took in your career and you beautiful women around! How do changes, then there would be appropri- feel that it has paid off? you deal with all the attention? ate casting for that particular script, a I have taken risks throughout my (Laughs) I don’t see myself the way bigger opportunity for more talented entire career. And I think it has all paid another person does, I guess. I am not people to be in films and also the indus- off! I was not aware that these were very fond of attention. I prefer to keep

48 March 2021 Opinion Express myself away. But it comes along with the profession. Films for me are only about an artistic expression and never about gaining fame or attention, so I have to learn to deal with it (smiles). I am a private person and I have my own little lovely world here at home. I love doing normal things like going for a walk on the street and observing people without drawing all that attention to myself.

Q. Tell me about a project that you consider to be the most signif- icant in your career and that you are proud of? I always felt that most of the films I worked in so far were not able to draw from me what I’m truly capable of. They have utilised only a small percentage of what I can do. ’OK Kanmani’ was a sig- nificant project as I had a larger canvas and good space where I could express more. It portrayed me in the best light and it was clear people liked to see me in a romantic film. ‘OK Kanmani’ went pretty wide and people watched it also because it was director Mani Ratnam’s film and was beautifully made. I got compliments from many Bollywood actors including Vidhya Balan that she loved me in the film which I am happy about.

Q. ‘Praana’ being directed by ment and I thrive in an environment I am usually fast with my takes and that VK Prakash, shot by the legendary like that where there are efficient and really worked for this film. We finished PC Sreeram and the sound being passionate people around me. He was so the entire shoot in 23 days. Actually I designed by Oscar winner Resul precise with every little detail; I enjoyed was prepared for it to be tougher but it Pookutty. How was your experi- being in a professional environment like went on smooth than we all expected. ence about working with such big that. I feel at home and relaxed when I The team would plan a scene to be shot names of the industry? work with people of that caliber. till noon but I would finish it in two I have known VK Prakash (VKP) for hours. One of the best compliments I a long time and we had done a couple Q. You are known to be a single received was from PC sir. He said it is of films together a while back. We were take actor. How challenging was only because of “Nithya” that it is going looking for a good script to collaborate it to do the same scene which was this fast. on. So when he approached me with the shot 4 times for 4 different lan- I don’t prepare or plan anything to script of ‘Praana’, I felt this would be the guages? What type of preparation play any role. I prefer not to think about right one. I have worked with PC sir on did you do for playing the charac- it too much as it becomes intellectual. more than a couple of films. VKP and ter in the movie ‘Praana’? Creative stuff should not be intellectua- I were discussing the cinematography This is a really good question because lised. There are different kinds of actors of the film which we agreed should be it was absolutely a challenge in this case but I have always been the spontane- done in an extraordinary way for a sub- because I am a spontaneous actor and ous one and there is no need for me to ject like‘Praana’.VKP also felt somebody I like to do a shot only once. It’s pain- change. It is not about thinking about like PC would be perfect but we were ful for me to repeat it over and over. the best thing to do, it is about some- not sure if he would be able to do the When the VK Prakash approached me thing happening in the moment which film. Later I called PC sir and told him for this film I was bracing myself when will never happen the second time. I about this script. The fact that it was a he told me that he wanted to do ‘Praana’ guess that’s why I have been a one take one actor film excited him very much. in four different languages and he also actor. He immediately agreed and made time wanted to try surround sync sound for Q. Is the movie ‘Praana’ com- for the shoot. That is my equation with the first time. I was left with no option pletely outside of commercial PC sir. but to shoot for all the four languages mainstream? We hear that it is Working with Resul was fantastic. I because this film was something special first of its kind in Indian Film his- love his sensibilities and the efficiency and it was needed. I had to learn and tory. How do you feel about being with which Resul and his team works. deliver the dialogues four times in four part of this experimental film? They were really good in their depart- different languages one after the other. ‘Praana’ is not completely out of

Opinion Express March 2021 49 commercial mainstream. The differ- QUICK BYTES ence is in the making and the people involved are each extraordinary in their If you weren’t an actress, area. It is definitely in the mainstream You’d be? as it falls under thriller genre category. A wildlife filmmaker. ‘Praana’ is made in a beautiful way be- What book/movie that left a cause of all the technical expertise in- lasting impression on you? volved. I’m very happy to be a part of There are several but I will go with a well made film like this. It is the first ‘The secret life of Walter Mitty’. time we have ever done a single actor One thing you are exception- film, single heroine film and surround ally good at? sync sound which Resul has tried. There Acting I guess (giggles) and some- are a lot of “firsts” for this film. Also it is thing that not many people know is going to be my first Hindi film. I am really good at driving. I love cars. Q. How excited are you for your If you would like to live in a Bollywood debut with ‘Praana’? foreign country, where would Earlier I got a lot of offers from Bol- it be? lywood but I was as selective with them Maybe it is Costa Rica. as I am with any of my other films. I wanted to make sure that especially the What is your favourite daily first film I did is something which por- wear attire? trays me correctly and does justice to me Anything that is comfortable, 100% as an actor. I am happy about‘Praana’ cotton and breathable. been doing a bunch of things that being my first in Bollywood which hap- What’s the latest splurge in I really love and wanted to do, but pens to be a film where I’m the only ac- your wardrobe? had to keep putting them off because tor, also the first in the Indian film his- I’m not a big fan of designer clothes of tight schedules. So it’s still been tory. and somehow I have never splurged wonderful. Q. What really appealed to you on that. My last splurge that I de- Is there a ‘hand me down’ about the character in the movie cided get something was my car. So from your mother that you ‘Praana’? let’s call it “the latest splurge in my cherish? I have played a writer in this movie. garage”(giggles). No, not from my mother but I did There were a lot of beautifully written One thing you cannot stand? get a saree from my grandmother lines for the character to write or speak. I cannot stand inefficiency at work. who passed away recently. She had This script had depth and beauty in its When was the last time you apparently kept this particular saree dialogues. Although it is a thriller genre took off on a vacation? and said that one is for “Nithya”. I it had deep philosophical ideas going It was three years ago. But the last loved my grandma a lot and that sa- parallel with that and it attracted me the two years I did less films and have ree is something very special to me. most to the script and the character. which is too early to talk about. All that an opportunity to reach out to you all Q. You have crooned close to I can say is I am working with interna- and ask to do the needful for the flood 20 songs in Mollywood, Kolly- tional musicians which was something affected victims in the parts of Kerala wood and Tollywood. Can you talk that I was always passionate about. and Karnataka. We are doing our bit to about your hidden talent that not Things are in the pipeline and I think help them in all possible ways. Do what- many are aware of. very soon people can see something ever you can to help those people. Yes, I love to sing. Singing was very different of me. For fans, I know I always got this in- something I actually loved even more put that I should do more films and peo- than acting. Apparently I was told I Q. Can you talk about your up- ple always feel I am not doing enough started singing when I was one year coming projects? and want to see more of me. There is an old(laughs). Everybody thought I would I have ‘Praana’ which is releasing actress I adore and I was looking partic- be a singer when I grew up. As a cre- this year in Hindi, Malayalam, Telugu ularly for her films to watch. I could not ative person I am extremely emotional, and Kannada. I am doing a Tamil film get many and it then hit me like a ton of singing involves expressing an emotion directed by Mysskin. Also I’m doing a bricks that this is what people were say- and it helps navigate all the emotions. Telugu project where I play a Muslim ing to me when I was being very choosy I am glad that people like my voice al- girl who lives in old city and is mistaken with films. So I have decided to do more though I’m not professionally trained identity. I am looking forward to both and I want to expand as an actress and for it. The reason why it appeals to me the film as they are going to be very bold do films in more languages like Mara- is because I put my soul into anything and exciting scripts. thi and Bengali films as well and I will that I do and singing especially as it in- learn those languages too. volves the voice. I believe that my soul Q. Do you have any final words Article and interview is comes straight into the music. for the readers of OPINION EX- conducted by Ms Nithya I’m working on something pretty PRESS magazine and your fans Ramesh: Bureau Chief - Fashion exciting with music. I want to release across the globe? & Entertainment Opinion singles working with certain artists and For the readers, I would use this as Express

50 March 2021 Opinion Express