Vol: 28 | No. 8 | August 2020| R20

www.opinionexpress.in A MONTHLY NEWS MAGAZINE

Ram Temple Game, set & match - With two major RSS agenda’s Abrogation of Article 370 & Facilitation of Ram Temple construction successfully implemented, focus shifts to Uniforn Civil Code Thank You BIPL %DODML,QIUD3URMHFWV/LPLWHG www.balaji.co.in www.dighiport.in editorial

RNI UPENG01809 Volume 28, No 8 EDITOR It is just not Prashant Tewari Associate Editor Dr Rahul Misra Political Editor a temple Prakhar Misra BUREAU CHIEF n August 5, 2020, five hundred years of struggle for reclama- Anshuman Dogra (), Diwakar Shetty tion of Janmabhoomi of the most revered historical figure (MUMBAI), Sidhartha Sharma (KOLKATA), and seventh incarnation of Bhagwan Vishnu will come to an Lakshmi Devi (BANGALORE ) DIvyash Bajpai O (USA), KAPIL DUDAKIA (UNITED KINGDOM) end. The construction of the grand temple at must become Rajiv Agnihotri (MAURITIUS), Romil Raj a transformative event for Indian political discourse. It should be Bhagat (DUBAI), Herman Silochan (CANADA), Dr Shiv Kumar (AUS/NZ), Nithya Ramesh looked as the central place of cultural identity for millions of Hindus (Fashion & Entertainment ) as Vatican is for Christians and Mecca is for Muslims. It should be the Principle Correspondent spiritual guiding place for the nation in the years to follow and subse- Shakila Makandar quently it should be delinked from the politics. From now on, Indians Content partner The Pioneer must learn to treat religion as a personal affair of Pratham Pravakta an individual and should never be brought up to Legal Advisors score political points or to gain electoral victories. Vishnu Sharma Adv The hate for each other was growing louder day by Vijai Krishna Adv day on the issue of Ram Mandir. A common Hindu Advertisement / Marketing Director Diwakar Shetty feeling was that why Muslims stayed here in Gopal Chopra if they wanted a mosque when we had given them Administrative Director a Pakistan? And the Muslims always feel insecure Amit Pandey because they got Pakistan, Hindus think they are Bal Mukund Gaur overstaying here. Both the feelings were not there Corporate Communication / PR Sanjay Mendiratta originally, but the appeasement politics brought it in. M M Upadhaya The political landscape of India has been shaped by the tussle be- Graphics & Design tween two competing and mutually antagonistic grand ideas: compos- Writeword Commuications (Studio 8) ite and cultural nationalism. Initially, the dominant idea Photographer Ratan Shukla of was the one the Congress championed. India’s Overseas Marketing composite culture, shaped by influences from different cultures over OEMCL Ltd (Mauritius), OEHCL ltd (DUBAI) the centuries, was its leitmotif. The BJP, its predecessor Jana Sangh, Advertisement / Circulation: and their parent the RSS, rejected the idea of composite nationalism Delhi / NCR - Hemant Sharma: D 239 as a ploy by the post-Independence ruling elite to hide out of sight the Defence Colony New Delhi 110024 INDIA Tel – 011 49060350 impulses that had resulted in Partition. Indian nationalism, the Sangh Mumbai - Vijay Kalantri – Advisor: New argued, was a continuous stream flowing for thousands of years, based ExcelsIor BUILDING, 6tH Floor, A.K. NAYAK on the Hindu culture of South Asia. In this understanding, concepts MARG, Fort, MUMBAI - 400001 (INDIA). Phone: 91 - 22 - 22019265 / 22019160 such as composite culture appeared as an attempt to deny Hindu cul- FAX : 91-22- 22019764 / 22019760 tural nationalism its rightful place. The magazine is published and printed by Rajiv Lastly it is a matter of great pride for the millions of Hindus world- Agnihotri for Opinion Express Communications wide that Ram Temple is emerging from the pale shadow of the past & Entertainments Pvt Ltd, from Kumpu Graphic Press 2 Ashok Nagar, Lucknow & printed at Kumpu slavery. For over 70 years the Ayodhya Mandir issue was a bone of Graphic Press 2 Ashok Nagar, Lucknow – 226001 contention for all parties versus BJP. BJP was always accused of polar- Tele : 91-522-4060880 & ising the Hindu in the name of Mandir, Article 370, and Common Civil Nikhil Offset An ISO 9001 : 2008 Certified Company 223, DSIDC Complex, Okhla Industrial Area Phase Code etc. Now that the BJP is in power for a successive term led by - I, New Delhi - 110020 Tele : 91-26812316, brilliant team of Narendra Modi and his man’s Friday Amit Shah, the 26810097, 26810458, FAX:91 45792362 E-Mail : [email protected], [email protected] controversial Article 370 has been abrogated. Ram Mandir is being re- Registered Office: OPINION EXPRESS HOUSE constructed. The CAA has been enacted. Only issue pending as per its 24-A Clyde Road, Lucknow-226001 (India) manifesto is the Uniform Civil Code. Narendra Modi made it perfectly Phone: 91-522-4060880 Fax: 91-522-2208242 # 24x7 mobility +91 9984437000 acceptable to be ‘Hindu and Proud’ in mainstream political discourse. email: [email protected] I am sure it is a non issue for Lutyens Delhi elites but trust me; it will All disputes are subject to be under jurisdiction of touch the heart of millions of Indians living in rural India for ages. 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 August 2020 3 A Monthly News Magazine August 2020 Cover Story Ram Mandir is likely to transform Indian political discourse P 5-12 India-US ties to get stronger Films & Music 13 under trump 48 can bring communities World Bank rankings are together 16 deceptive Royally political purge in 18 riyadh Living happy and 21 joyous life Meaning and scope 24 of debt India and brazil – home 33 within a home 4 August 2020 Opinion Express Cover story Ram Mandir is likely to transform Indian political discourse One fifth of humanity following Sanatan Dharma must secure its historical relevance to be the spiritual leader of the emerging new world order

Opinion Express August 2020 5 Dr Shiv Kumar

harat ( India ) has been a battleground for the western civilisation for well over 2000 years now. Alexander was the firstB to come here on an expansion spree, followed by many Turks, Mongols, shun [saka], Kushan, and Huns who came to loot India’s wealth but were finally ab- sorbed by our great Indic civilisation. Today one can’t identify those who came from ancient Greece, Persia, Mesopota- mia, Mongolia etc. The plunder and loot continued unabated in the British rule for over two centuries and the native people of Bharat land lost its identity and significance completely. With the advent of Semitic cults in the West Asia, its lust to spread its cult the world over was seen in the onslaught of first century with the emergence of Christianity. The Christians conquest for religious expansion had ruined the great Greek, Roman, and Egyptian civilisa- tions. The challenge was to accept their religion or perish. But the real menace came with the advent of Islam in the seventh century, when a dominant tribe Quresh leader Muhammad declared himself the prophet of a new cult called Islam. Later it spread over Europe, east of Asia and India. Earlier, the Muslims came in as looters, later they became in- vaders and finally became rulers of the Indian subcontinent. These alien rulers did not stop at invading and looting In- dia. They used their swords to convert Hindus. They did forced conversion, de- stroyed Mandirs, and erected mosques over them. Sri Mandir was one of the chief centres of faith for all Sanatanis, including Bud- dhists and Sikhs along with Hindus at the time of Akhand Bharat from Kabul to . Its conversion was a major achievement for the Islamist rulers of Delhi. Hindus were morally defeated by destroying the centre of faith and erecting mosque over it. The modern historians are misquoting this fact by comparing Islamic invasion with Ashok’s battle of Kalinga, which was purely for geographical expansion. On August 5, 2020, five hundred years of struggle for reclamation of Janmabhoomi of the most revered his- torical figure and seventh incarnation of Bhagwan Vishnu will come to an end. With reconstruction of the temple, the faith, patience, tolerance, faith on Con- stitution and perseverance of 100 crore Hindus worldwide will re-establish the values of Sanatan dharma.This is the

6 August 2020 Opinion Express With the advent of Semitic cults in the West Asia, its lust to spread its cult the world over was seen in the onslaught of first century with the emergence of Christianity. The Christians conquest for religious expansion had ruined the great Greek, Roman, and Egyptian civilisations. The challenge was to accept their religion or perish.

Opinion Express August 2020 7 time for our minorities to realise that historical mistakes. their ancestors were all Hindus. Today There were several attempts made Egyptians, Iraqis, Iranians and Indone- by Hindus to free the birthplace dur- sians have started taking pride in their ing slavery as well. As per the records pre-Islamic past. Even few Pakistanis available one, Md Salim had filed an now believe that their King Porus de- FIR against a group of Nihang Sikhs feated Alexander. A section of literate who installed Trishul and painted Ram Pakistanis now consider Gazani, Ghori Naam inside the mosque and performed and Babur as invaders who did not Yagna. In 1885 Mahant Raghubar das belong to Pakistan (then Bharat). It is filed a suit in Faizabad (Now Ayodhya) time for Indian Muslims to introspect district court to rebuild the temple but and try to join the main stream. the court dismissed it. In 1934 under According to renowned American the leadership of Mahant Digvijay Indic scholar Shri Nilesh Oak, the birth ji of Gorakshpeeth Gorakhpur, Sad- of King Dashrath, father of Bhagwan hus claimed a portion of the premise Ram, is 12300 years BCE, means 14320 and started performing Puja but the years from now. Birthdate of Bhag- Britisher rebuilt the damaged portion. wan Ram is November 29, 12240 BCE. The government seized the premise in Oak’s calculation is based on astro- 1949 after Hindus started performing nomical references given in the Valmiki Puja at the birthplace. The matter was Ramayan with reference to the birth then challenged in the court by Nirmo- of Bhagwan Ram, which are proven as hiAkhada. per modern astronomy and science. The turning point was the famous Many historical structures are evident Shah Bano case, where the Supreme of Ram’s existence as a historical figure, Court awarded her alimony as per Indi- which the Left historians have other- an laws applicable to all Indian citizens. wise painted as a mythical character. In This was opposed by conservative Mus- Sri Lanka, there are many places which lim leadership of the country and the are referred to as belonging to - then government led by late Rajiv Gan- yana periods like Ashok Vatika, or the dhi, who enjoyed three fourth majority place where Meghnad performed yagna in the Parliament as he had won 1984 etc.In south Gujarat, one Anavil Brah- elections on a sympathy wave following man community is believed to have the assassination of Mrs Indira , performed yagna with Bhagwan Ram at amended the Constitution to overrule Shabari’sKutia. The place is known as the Supreme Court judgment given in Anaval. Those who participated in the favour of a helpless Muslim woman di- yagna are called Anavil Brahmans from vorced illegally by her husband. that day onwards. But to oppose the This case of shameless appeasement reconstruction of Ram Mandir at Ay- of Muslims by Congress party resulted odhya, the leftist historians tried their in the consolidation of Hindu senti- best to establish Ram as a mythological ments against such appeasement of mi- figure and Ramayan as fiction. nority. BJP, as the political party took after 70 years of the legal battle in in- As per modern historians, Mir Baki full advantage of this growing Hindu dependent India that was perused re- (a lieutenant of first Mughal invader alienation and eventually produced ligiously by Dr Subramanium Swamy Babur) demolished the Ram Mandir what is known as the Ram Janmab- and others. This is after the traumatic and erected a mosque over it. But I am hoomi movement. The principle archi- partisanof the country, Indian commu- of the opinion, by going through mem- tect were VHP Chief Ashok Singhal, nity in general and the tolerant Hindu oirs of Persian, Chinese & British trav- BJP Leaders LK Advani, MM Joshi, society in specific must be compliment- ellers, that there was a grand temple at Kalyan Singh with the core support of ed for having faith in the Constitution the birthplace of Bhagwan Ram even ideological master RSS and affiliates and legal system of the country. after the period of Akbar, Jahangir and Bal Thakery. On December 6 1992, the The construction of the grand temple Shahjahan. Babur was a struggler when disputed structure was demolished by at Ayodhya must become a transforma- he conquered Delhi from Sikandar Lo- karsevaks. The Nobel Prize-winning tive event for Indian political discourse. dhi. He was not in a position to do such West Indies born Hindu author late VS It should be looked as the central place of heroic for the imposition of Islam in Naipaul described this event as follows: cultural identity for millions of Hindus the early phase of his rule as that might “Pulling down the first Mughal em- as Vatican is for Christians and Mecca have antagonised the Hindus against peror’s [masjid], is a marvellous idea. I is for Muslims. It should be the spiritual him. It was Aurangzeb who did this hei- think in years to come it will be seen as guiding place for the nation in the years nous crime as he was a habitual offend- a great moment. … It would be a histori- to follow and subsequently it should be er and cruel preacher of Islam and had cal statement of India striving to regain delinked from the politics. From now done it with Kashi & Mathura & other her soul.” on, Indians must learn to treat religion forty thousand temples as well. Surely, The Supreme Court pronounced the as a personal affair of an individual and the Kashi and Mathura needs to be lib- verdict in favour of the Ram Janmab- should never be brought up to score erated from the draconian clutches of hoomi Mandir on October 27 2019, political points or to gain electoral

8 August 2020 Opinion Express victories.The hate for each other was rule. They rather used to call BJP as a symbols of the holy cross, they swear growing louder day by day on the issue communal party. Now that the BJP is by the Bible, and yet they are liberal! If of Ram Mandir. A common Hindu feel- in power for a successive term led by they are not afraid or ashamed to call ing was that why Muslims stayed here brilliant team of Narendra Modi and themselves Christians, why can’t we call in India if they wanted a mosque when his man’s Friday Amit Shah, the contro- ourselves Hindus and swear by moder- we had given them a Pakistan? And the versial Article 370 has been abrogated. nity and liberal values? The same holds Muslims always feel insecure because Ram Mandir is being reconstructed. The true for the Muslims that they swear by they got Pakistan, Hindus think they CAA has been enacted. Only issue pend- the Kuran, use religious symbols on na- are overstaying here. Both the feelings ing as per its manifesto is the Uniform tional flags and buildings. The Hindus were not there originally, but the ap- Civil Code.As momentous it was, the el- were deliberately forced to sacrifice the peasement politics brought it in. evation of was only the pride because of the long history of over- For over 70 years the Ayodhya highlight and not the whole reel of the seas rule but this is an appropriate time Mandir issue was a bone of contention manner in which Modi Sarkar shifted in the history of the course correction. for all parties versus BJP. BJP was al- the Overton Window of Indian politics Now all sections of the society are ex- ways accused of polarising the Hindu towards a more Hindu oriented ap- pecting a new era of “Ram-Rajya” with in the name of Mandir, Article 370, and proach. With every of his, Narendra the reconstruction of Sri Ram Mandir Common Civil Code etc. These were the Modi made it perfectly acceptable to be at Ayodhya. Without Ram, there cannot election issues as BJP could identify ‘Hindu and Proud’ in mainstream po- be ‘Ram-Rajya.” India embarks in its Congress with appeasing Muslims and litical discourse. journey free from the baggage of slav- Christians at the cost of Hindu culture We need to learn from modern ery and distorted history to become the and tradition by destroying them grad- Christian countries of Europe and world leaders in the present century. ually. But pity is Congress never tried North America. They are all Christian (The writer is a research to solve these issues in 60 years of their countries, their national flags carry scholar. Views are personal)

Opinion Express August 2020 9 (Ram Temple) Game, Set & Match to Narendra Modi Prakhar Misra: Address to the joint sitting of Parlia- August 5, 2020 marks the final de- ment was that the BJP did not have a mise of an old political consensus and ince 1947, the cultural identity of majority. It is the destiny of Ram Rajya the beginning of a new journey for the Hindus has been confused by the that it is achieved only after a struggle. nation, the contours of which have been Ssecular policy followed by ruling PM Narendra Modi’s BJP has achieved worked upon by the Sangh for decades class since independence. Then Prime two of the three components of its origi- now. Minister Atal Bihari Vajpayee in 1998 nal core agenda: the virtual abrogation The political landscape of India has told Lok Sabha that the reason his 13- of Article 370 on August 5, 2019 and, been shaped by the tussle between two day government had omitted referenc- exactly a year later, the beginning of the competing and mutually antagonistic es to the Ram temple, Article 370, and construction of the Ram Temple in Ay- grand ideas: composite nationalism Common Civil Code in the President’s odhya. and cultural nationalism.

10 August 2020 Opinion Express Initially, the dominant idea of In- cultural nationalism its rightful place. for the Ram Temple. dian nationalism was the one the Con- The gains for the erstwhile Jana The Shah Bano case and steps taken gress championed. India’s composite Sangh triggered a response in its ideo- by ’s government revived culture, shaped by influences from dif- logical opponents. The RSS sympathies the old tussle between secular nation- ferent cultures over the centuries, was of the Jana Sangh elements within Ja- alism and cultural nationalism. After its leitmotif. nata became a sticking point – and their pandering to the Muslim orthodoxy, The BJP, its predecessor Jana expulsion contributed to the collapse of the Congress sought to appease Hindu Sangh, and their parent the RSS, reject- the first non-Congress Union govern- conservatives through tentative steps ed the idea of composite nationalism as ment. The expelled RSS sympathisers on the Ram Temple – and Advani called a ploy by the post-Independence ruling reinvented themselves as the BJP in out this “pseudo-secularism”. The BJP elite to hide out of sight the impulses April 1980. The BJP under the leader- positioned itself more aggressively and, that had resulted in Partition. Indian ship of Vajpayee experimented with in 1989, formally adopted the Ram nationalism, the Sangh argued, was a Gandhian socialism, and suffered a hu- Temple resolution. continuous stream flowing for thou- miliating defeat in the elections after The gains of the 1989 elections set sands of years, based on the Hindu cul- Indira’s assassination. Its appetite for the BJP firmly on the path of pursuing ture of South Asia. In this understand- further experimentation gone, the par- its core agenda. Advani’s Rath Yatra and ing, concepts such as composite culture ty, guided by the RSS and VHP, chose the kar seva in Ayodhya strongly polar- appeared as an attempt to deny Hindu to build its politics around mobilisation ised the politics of North India, and led

The BJP, its predecessor Jana Sangh, and their parent the RSS, rejected the idea of composite nationalism as a ploy by the post-Independence ruling elite to hide out of sight the impulses that had resulted in Partition. Indian nationalism, the Sangh argued, was a continuous stream flowing for thousands of years, based on the Hindu culture of South Asia.

to the demolition of the in 1992. In 1996, the other parties put aside their disagreements to pull down Vajpayee’s 13-day government. But the instability of the United Front gave cul- tural nationalist politics another chance – and Vajpayee returned in 1998, and 1999. Carrying the burden of coalition politics, the BJP governments of 1998- 2004 had no room to push the cultural nationalism project. But the RSS was in a hurry. From the end of 2001, the VHP began fresh mobilisation for the temple. Vajpayee was caught between his coali- tion and RSS. The burning of the train carrying kar sevaks returning from Ay- odhya exploded in the form of the Guja-

Opinion Express August 2020 11 rat riots of 2002. government lent its weight to demands August 5 and August 15, the Prime Min- After Modi led the BJP back to that the Supreme Court expedite hear- ister has placed the idea of liberation power in 2014, the BJP got busy con- ing on the Babri title suit challenge. from cultural subjugation on the same solidating its gains in Assemblies. The Once the court had given its verdict, the pedestal as the political independence compulsions of coalition that had held BJP was able to drop every hesitation of India nearly 73 years ago. The politi- back Vajpayee had disappeared, but the in claiming the victory of its political- cal discourse of the country has taken Ram Temple was in the Supreme Court. ideological agenda. right turn and it is highly unlikely that Article 370, however, was within the The language and attitude of BJP it will be altered in the near future. RSS government’s control. Once the party spokespersons now betray the heady and BJP has fair grip over the political returned to power with an enhanced awareness of victory. The Bhoomi Pujan landscape of the country and the people majority in 2019, it moved quickly. by the Prime Minister in Ayodhya on of the country has accepted the taste of First came the criminalisation of Wednesday marks a bend in the stream nationalism and right wing flare. triple talaq, the low hanging fruit on of India’s political consciousness, even the way to a Uniform Civil Code. Then as the champions of composite (secu- Jammu & Kashmir was stripped of its lar) nationalism falter in their oppo- Writer is political editor of special status under Article 370. The sition. By drawing parallels between Opinion Express

12 August 2020 Opinion Express India-US ties to get stronger under trump

By S Rajagopalan of Indian reporters on Monday, alluded community to be assigned a key public to Trump’s “liking” for Modi, remark- communication responsibility in the day after the meeting between ing that the Indian Prime Minister was President’s team. Prime Minister Narendra Modi among a few world leaders that Presi- Pointing to the strong fundamentals Aand President Donald Trump on dent Trump “just likes and gets along driving the US-India relationship, Shah the sidelines of the ASEAN summit in with”. said, “India is a natural ally of the Unit- Manila, the White House has affirmed “The US and India are going to have ed States, because of the shared com- that India-US relations are set to get a strong relationship and it’s going mitment to democracy and to counter- stronger under the stewardship of Pres- to get stronger under this President,” terrorism, and because the region is so ident Trump. said Shah, who is the highest-ranking vital to the US security.” White House Principal Deputy Press Indian-American official in the White As recent developments suggest, the Secretary Raj Shah, speaking to a group House and the first-ever member of the Trump administration’s earnestness

Opinion Express August 2020 13 about having a robust relationship with India also stems from Washington’s in- The Indo-Pacific dimension was also highlighted creasing push for a “free and open Indo- Pacific”, much to the chagrin of Beijing, in a White House readout on the Trump-Modi which sees the emerging US-India-Ja- pan-Australia as a challenge to its own meeting, saying “the two leaders discussed the assertive moves in the region. comprehensive strategic partnership between The Indo-Pacific dimension was also highlighted in a White House read- the United States and India and their shared out on the Trump-Modi meeting, saying commitment to a free and open Indo-Pacific region” “the two leaders discussed the compre- hensive strategic partnership between the United States and India and their to Kenneth Juster, the newly-appointed Juster, who will be succeeding Rich- shared commitment to a free and open US Ambassador to India whose nomi- ard Verma at the Roosevelt House in Indo-Pacific region”. nation was recently confirmed by the New Delhi after a gap of more than 10 The bilateral defence dimension US Senate. “Congrats, Ken Juster, the months, is expected to head to India was highlighted by the statement, not- new US Ambassador to India!” Pence shortly in preparation for the visit of ing that the two leaders “pledged to said in a Twitter post, adding, “The ties President’s daughter and senior adviser enhance their cooperation as Major De- between the United States and India Ivanka Trump, who will be leading the fence Partners, resolving that two of the run deep, and @POTUS & I are confi- US delegation to the Global Entrepre- world’s great democracies should also dent that with his leadership, integrity neurship Summit in Hyderabad this have the world’s greatest militaries”. & experience, Ken will build an even month-end. Vice-President Mike Pence, mean- stronger partnership that will benefit (Courtesy The Pioneer - With while, administered the oath of office our nation & our people.” inputs from PTI).

14 November2017 Opinion Express Opinion Express August 2020 15 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 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 August 2020 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 August 2020 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), 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 Opinion Express It is time for new ways in auctions for optimisation of national resources

Opinion Express August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 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 August 2020 43 Book Review India emerging from the showdown of the soft power OECEL News Services

he success of the ‘Smil- ing Buddha’ nuclear Ttest marked the rise of India as a Nuclear Power in 1974. But what went unre- ported in the media was the nuclear fallout that had last- ing impact on the inhabitants of Pokhran, especially Chait- anya. It quickly becomes clear that the conspiracy surround- ing this radioactive fallout runs pretty deep in the estab- lishment. Those who have had a hand in covering it up are willing to go to great lengths to ensure that the secrets stay buried. Chaitanya sets on a jour- ney to expose the truth. With Zara by his side, he is sure to bring justice to his people. But when fate snatches Zara away from him he is consumed by revenge. Undeterred by threats, he embarks on a mission that takes him from the deserts of Pokhran to those of Syria, and into the halls of MIT. A heady page turner, at its very core, Pokhran is an exceptional journey of revenge, courage, love and the indomitable hu- man spirit.

About the Author Uday is an economist and an engineer with keen interest in philosophy and a firm belief in the progressive march of humanity towards a better and brighter future. He lives in Princeton, New Jersey and works in New York. He is a Columbia University Alum- nus, ex-strategy consultant with McKinsey & Co. and an investment banker who writes on economy, philosophy, and fiction.

44 August 2020 Opinion Express Cop with a difference Focus on culture for national integration is a unique approach by ‘Karuna Sagar’ hrough the course of the COVID19 pandemic, the dis- trict of Jehanabad has seen the emergence as a social Tworker of Karuna Sagar, an IPS officer from borne on the Tamil Nadu cadre and presently posted with the Bureau of Police Research & Development under the MHA. The officer has consistently provisioned essential materials to the most vulnerable sections of society through a collab- orative effort that involved institutions such as the Reliance Foundation and Star Health Insurance as well as the Red Cross Society. He organised kits which were handed over to the district administration for distribution to the people of the district. His work then expanded to cover the neighbour- ing district Arwal as well. The district Magistrate as well the the president of the Red Cross Society’s Arwal chapter took upon the task of distributing kits to returning migrant work- The Red Cross was also provided financial aid by him in order to carry out their humanitarian efforts such the running of a community kitchen for migrant workers and the poor. Although, his recent efforts have brought him under the limelight, that form an essential part of any household. This competi- he has a rich history of carrying out tion was presided over by the former MP from Jehanabad, altruistic endeavours in Bihar. Ganesh Prasad. Sagar also organised a painting workshop for school children where they were provided invaluable lessons in the art of painting from the much lauded Bihari painter, ers. The Red Cross was also provided financial aid by him in Raju Kumar. The 15 day workshop was inaugurated by then order to carry out their humanitarian efforts such the run- SDM, Nawal Kishore Chaudhry, IAS. Sagar also took on the ning of a community kitchen for migrant workers and the infamous caste hierarchy of Bihar by organising a sangat- poor. Although, his recent efforts have brought him under the pangat where members of all castes sat together to share a limelight, he has a rich history of carrying out altruistic en- meal. The objective of the event was to inculcate the values of deavours in Bihar. He has been consistently providing flood equality and fraternity amongst the participants. The event relief in North Bihar where flooding and it’s attendant hu- was presided upon by former IPS officer and social worker manitarian crisis is an annual feature. He has also provided Acharya Kishore Kunal. thousands of warm blankets to the needy all over the state A sense of altruism has been a part of Sagar’s personality for several of Bihar’s winters, known to cause deaths due from a very young age. Born in a small village on the outskirts to their intensity. He has also added a curious feature to Bi- of of city, Sagar left the village school in order to study har’s religious and architectural landscape by commissioning at the Loyola School in Patna after which he completed his the construction of a temple in the South Indian style in his intermediate studies at . He then travelled to village of Dhamaul in the district of Patna. This temple was Delhi where he took admission in the famous Hansraj College built by sthapatis brought from the famous Madurai temple. of Delhi University. He was awarded a Masters degree in His- It was completed in 2007. The temple, distinct in style from tory by the University of Delhi after which he wrote the Civil virtually every other temple in the state has added to Bihar’s Service exam. He cracked the notoriously difficult exam and already fecund history of religious activity. His charitable ac- was allotted the and the Tamil Nadu tivities, which began in 2005 have included the distribution cadre. It is from here, and later from Delhi, that he along with of saris, dhotis, blankets and the like to the needy, as well as some like minded friends has made truly commendable ef- the organising of a sports competition for local school chil- forts towards alleviating some of the most critical challenges dren in order to encourage within them the love for physical that face one of India’s most important, yet neglected states. activity and fitness. All participants were given kitchen items By OECEL News Services

Opinion Express August 2020 45 Maddy is mad about films A fine actor who bridges the north-south divide .Madhavan, popularly known team in a long run ... what would as Maddy is riding a wave be- you choose? Ring the only actor in India who The commercial movie as I am leads charmed life as a star in Bolly- strong believer of Box-office hit. wood and Kollywood. He has acted in more than 50 movies and also won How do you prepare yourself few Filmfare awards. He is not only so that you’ll bring the right an actor but has worked as a film pro- amount of realism and emotion ducer, as a writer for few of his films, to a scene? hosted television programmes and has I try to own the scene. If a scene is been a prominent celebrity endorser given to me, I don’t try and do it like for multiple brands. He is one of the somebody else would have done it. I few actors in India who garners pan- don’t want to do it like my criticizers Indian appeal, with his success in es- or other actors who might have already tablishing himself in the North and tache and hair. It was well worthy ef- done that sort of scene. I want to make the South Indian film industries. He fort that I had put in. it “The Madhavan’s” so being within is noted for his contributing activities How do you choose a script? the character that has been defined and promotes various causes such as I listen to hundreds of scripts, but helps me to try and make it my own. environment, health and education. it has to excite me and at the same Therefore I think it becomes unique Interestingly, last year, Madhavan’s time my role should fit within my pa- and one can achieve the right amount critically-acclaimed movie, Irudhi Sut- rameters. I look for scripts that are of realism and emotion to a scene. tru (Tamil remake of Saala Khadoos) intelligent, age appropriate and which was screened at the Prestigious Inter- would fit in the right experience that You are one of the few actors national film festival and met with a the audiences are looking for. from South to have made a suc- fabulous response from global people cessful career both in Hindi and and the media. Is it true that you have to change Tamil industry. Could you please Nithya Ramesh Model, Actor yourself in order to be accepted elaborate? and film critic interacted with into the entertainment busi- I was lucky born a Tamilian and R.Madhavan for Opinion Ex- ness? was brought up in the Hindi backdrop press Magazine. No not at all. One has to be unique and this worked as the biggest strength to be accepted. First you need to un- for me to get into Bollywood. I’m more How are you enjoying your re- derstand that like everybody else you of a Hindi north based guy and I al- cent success of Kollywood re- are unique too in some or the other ways write my dialogues in Hindi as lease Vikram Vedha? way, you should always be inspiration- my Hindi is good and there was never I’m really happy with the movie al and have the ability and strength to a doubt that I was not a Hindi guy. Vikram Vedha making a big hit at the portray the role assigned to you. That box office in India as well as overseas. is when you will be accepted by the au- Does history interests you? What It is nice to know that the audiences dience. If you have qualities that the historical figure would you be are adapting the new and different common man wants to have after see- interested in portraying some genres of movies that are made these ing you then you don’t have to change day? days which is taking our Indian cin- yourself. I’m a historian. (Laughs)To be hon- emas to the next level. est I was always interested in history If you were offered two movies and knowing the past in simple terms. What is the most extreme change simultaneously, one of which is I believe in this saying “those who do to your personality, hair, body a commercial movie with a re- not know history will forever remain weight, etc that you have done to puted director and will make a nothing more than a child”. I would prepare for a role? huge gross worldwide whereas love to play Alexander The Great. He Saala khadoos was an immense second one is a truly artistic film was spectacular and inspires me the transformation for me. It was tough which requires great method act- most. He conquered most of the world and it took a year for me to work and ing and which may not be a box when he was 32 and died fairly young. get right for the character to look like a office hit, but will earn huge ac- He was arguably the most influential retired boxer. I had to grow my mous- colades for you and your entire ruler in history I would say.

46 August 2020 Opinion Express For Virginia’s cause Puneet Ahluwalia, Fairfax Businessman, Announces Formation of Proud American PAC epublican businessman, Puneet begin reducing their police budget will Ahluwalia, announced Satur- only drive up crime and make vulner- Rday that he has launched Proud able populations even more vulnerable. American Political Action Committee to We need more police, not fewer, with make Virginia great for all Virginians. better training, modern equipment, and “Who would have thought 5 months a greater focus on community engage- ago Virginia would face a global pan- ment. Respect is a two way street, police demic, an economic meltdown, state- need to give it to those they are supposed wide protests, schools closed indefinite- to serve, and the public needs to return it ly, a crackdown on our 2nd Amendment in fair measure. rights, and an assault on our freedom • That creativity and new technolo- and our culture?” gies will address the environmental “I’m forming Proud American PAC problems including climate change bet- because for those Virginians who believe ter than any government program. While as I do, that America is the greatest na- government certainly has a role to play, tion in the world, but our political lead- it’s the genius of individual innovation ers aren’t living up to the promise of our empowered by free markets that is the great state.” key ingredient to meeting our climate “As a person of color, I sympathize challenges. with those who are frustrated and angry Ahluwalia continued, “I believe with about race in this country, but not for the all my heart that American free mar- same reasons as the progressive politi- ket capitalism is the greatest engine of cians in Richmond.” Ahluwalia said, “we economic prosperity ever devised. But need to launch a real discussion among our economy has left too many people all Virginians about race and the ways behind. We can and we should do bet- we can bridge the gap in opportunities, ter by making it easier to start and fund income, and education.“ small businesses in minority communi- Ahluwalia continued, “For nearly ties, encouraging greater job creation, 6 decades, progressives who run most organizing private internships for every of our largest cities, have trapped our Virginia high school graduate, helping poor in communities that discourage job people climb the economic ladder, im- growth, prevent small business start ups, proving schools, and modernizing our and force children into failing schools. infrastructure. Then the same progressives who have Part of making Virginia great for rigged the system against economic mo- every Virginian includes bringing inner bility tell minorities there is no hope. No cities, as well as those rural areas of Vir- wonder people are frustrated and an- ginia, into the prosperity they’ve too of- gry.” ten not been part of. Proud American PAC will work to Ahluwalia concluded, “Proud Ameri- elect candidates who are aligned with can PAC will support candidates willing the following core principles. prosperity, and more freedom. to carry the conservative, free market, • That we are all created equal, with • That all our children deserve and message of hope, growth, and opportu- personal dignity, and constitutional need the best education possible, and nity to every family and every commu- rights government should never be al- that will come not by giving teachers’ nity in Virginia.” lowed to take away including the right to unions more control, but by giving fami- Puneet is originally from India and believe what we want, say what we think, lies more choice. Charter schools, and serves as a consultant to businesses on worship as our convictions dictate, own private schools, provide important op- client acquisition, marketing, and stra- private property, and benefit from our tions and create competition in the edu- tegic affairs. His wife is from Pakistan, labor, creativity, risk, and innovation. cation market place. New technologies and is of Afghan heritage. She owns and • That the main goal of government also allow us to provide resident college operates a business that provides IT is to create a society that preserves and students with new online courses for a services to companies and government enhances family security including eco- fraction of the cost of in-person instruc- agencies. They became citizens of the nomic, material, and spiritual security. tion. United States over 14 years ago. Puneet, • That the answer to solving our ra- • That safe neighborhoods are critical his wife, and they’re 3 children live with cial disparities is not more government, to fostering hope, growth, and stability. their canine friends, Louie and Maxi- but more opportunity, greater economic What the City of Richmond has done to mums in McLean.

Opinion Express August 2020 47 Films and Music can bring communities together ward-winning media profession- an TV channels and works with several is in the post-production stages. Annie is al, Annie Koshy is a recognized prominent brands based in Canada, the the author of the book, How to Be your Amulti-talented media and events US and India. As a master of ceremonies Badass Self, A Guide to Using Your In- personality, trained elite speaker and at events, conferences and meetings, An- ner Energy for Brand Success, slated to emcee. Her work is highly applauded, nie ensures an engaging and unique ex- be launched May 2020. Annie is also a as she has made a lasting impression perience with the audience while relay- host with the mainstream radio station, within the arts, media, and events arena. ing the message in a clear and articulate Sauga 960AM, as part of their weekend Annie has gained a reputation for bridg- manner. fixture, The Source, where she engages ing opportunities for those in a variety Annie has gained a reputation for in light hearted banter and conversation. of industries. Through her disciplined bridging opportunities for those in a vari- She is the Brand and Marketing Direc- work ethic in multiple streams, aptitude ety of industries. Through her disciplined tor for several million dollar companies for branding and skill in business net- work ethic, aptitude for branding and and is called upon for advice and coach- working, Annie is a role model to many skill in business networking, Annie is a ing on multiple levels. Most recently, she within the community. As a fine example role model to many within the commu- has been appointed in senior leadership of a multi-disciplinary woman leader in nity. She holds senior management roles roles for several arts and media organi- the community, Annie’s story is inspi- in several organizations in the capacity of zations. rational and unique to young entrepre- Brand and Marketing Development. The icing on the cake is that An- neurs and women. Her kernels of truth As a published model with one of the nie, along with 125 others, was part of and words of wisdom are steeped in ex- city’s premier modelling agencies, An- a Guinness World Records attempt that perience and cultural diversity. nie has garnered mainstream attention was successful. In addition, she, along As a media consultant, Annie works through her commercial work. Most re- with the others are officially published with a variety of directors in senior roles, cently, she was featured in a lead role in as #1 Amazon bestseller book in five dif- freelances frequently with various Indi- a short film. A documentary on her life ferent categories. As a fine example of a multi-disci- plinary woman leader in the community, Annie’s story is inspirational and unique to young entrepreneurs and women. Her kernels of truth and words of wisdom are steeped in experience and cultural diversity.

Q&A How films and music can bring the PIO community closer to the mainland? Being an artist means applauding and recognizing the work of those in the arts media and entertainment industries. In 2016, Annie launched her company, GTA South Asian Media Network Inc., which gives those working and supporting the South Asian media industry an oppor- tunity to network and develop business relationships with others working locally in this exclusive field. Through the pro- motion of South Asian media personali- ties, artists and those who work in sup- porting roles in the media industry, GTA South Asian Media Network has devel- oped a recognized brand and reputation. This is the opportunity that CEO Annie Koshy has taken to ensure that the cul- tural heritage and achievements of those of PIO, in arts, media and entertainment are supported. Inputs from Anshuman Dogra for Opinion Express News Services

48 August 2020 Opinion Express The icing on the cake is that Annie, along with 125 others, was part of a Guinness World Records attempt that was successful. In addition, she, along with the others are officially published as #1 Amazon bestseller book in five different categories.

Opinion Express August 2020 49 Glamour girl Piya is a rock star of showbiz in India By OE fashion desk

iya Sharma is a very charming and confident anchor, actress Pand model and human being. The emcee star was born in Patna, Bihar but is a true blue Punjabi from her roots and larger-than-life spirit, attitude and persona. Piya bravely fought all odds and pursued the path of modeling and anchoring, a field of work that may look all easy and glamorous from the face of it, on the outside, but requires tons of hard work. With dedication and com- mitment exerted by her in 8+ years of her event hosting and modeling career, she is one inspiring self-made woman. Ms. Super Sharma has done all kinds of print advertisement assignments and marketing campaigns being the face of various product lines and generously endorsing brands. This stunning lady, who loves to add her magic to any event with her alluring presence and work; has walked the ramp and hosted main- stream events like product launches, fashion shows, dealer meets, business meets, conferences and seminars etc for reputed brands like Vodafone, MTS, RBS, Accenture, Max Life, Apolo Mu- nich only to name a few. She has been a successful ambas- sador for top notch companies creating brand value and positioning, playing a significant role in several corporate films and brand shoots.Y ou may be sur- prised and well impressed to know that she has graciously done more than 1000 PR, business and Social events as a lead anchor, model and performer for noted Sharma was a part of acclaimed Saiworx Entertainment, JR Events and firms including Valvoline, HT Media 2017 Silver Screen drama – ‘Zindagi many more. Ltd., Johnson Tiles, Kargil India etc. ki mahek‘ on the popular TV Channel With her Glitz and Charisma she has Piya was first getting hands on job Zee TV. Apart from shows, promotional also handled a versatile range of events experience before realizing that she is print projects and shoots, she has been like Press meets, exhibitions, seminar meant for something bigger and more an integral part of a Music video called etc. She has also taken in the lead in cor- impactful. She was the marketing head ‘ladki selfie queen’ with singer rapper porate HR activities like employee day, in an event management company and Abhinniks. family day celebrations and large scale then one thing led to another, mak- When a lavish gathering like grand team building gatherings, off sites trips, ing her one of the most sought after birthday parties or big fat Indian wed- R & D events etc. organized by who’s name in the media industry, nationally dings comes in mind, you need a con- who of the market. In the Pipeline, she and internationally. Yes, she has given fident, mature and beautiful energy to has 2 music videos, a few Punjabi and smashing performances as a host not take over and get the show going; and Bollywood movies, along with current only on the Indian Soil for Indian and Sharma has been a favorite among media, brand product shoot and social expat companies, but also been an el- known event organizing brands like assignment commitments. egant and attractive anchor and over- Katalyst, Akshara Communications, all element for events and productions Moksh AEPL Plan my shaadi, Creative (With inputs from Mumbai overseas. Star events, Musical Dream Events, Bureau)

50 August 2020 Opinion Express