Supreme Court Nominee

May 31, 2009

By Padmini Arhant

President Barack Obama announced his nominee Judge Sonia Sotomayor as the next Justice of the United States Supreme Court replacing Justice David Souter retiring after twenty years of service.

The nomination is currently under scrutiny with intense speculations on the debate expected to unfold during the Senate confirmation hearing in July 2009. United States Supreme Court is the highest judiciary on land, decisions made by the appointees of the judicial system immensely impact human lives, often leading to a landmark ruling for years to come as evidenced in –

Brown vs. Board of education,

Roe v. Wade and,

The 2000 Presidential election between the former President George W. Bush and the former Vice President Al Gore in recent memory.

President Obama’s message reinforce the relevance —

“A nomination for a lifetime appointment to the highest court in the land is one of the most important decisions a President can make. And the discussions that follow will be among the most important we have as a nation.”

Judge Sonia Sotomayor’s extensive career and personal profile appears to represent the essence of the judicial system requiring excellence in all legal faculties prominently the constitution and the general rule of law governing our society. However, impressive academic and career achievements are never without controversies as infallibility is not in human nature.

Considering the Supreme Court justice has an awesome responsibility to be part of the collective decision-making dilemma, confirmation hearing premised on due diligence and forthright presentation would provide necessary clarifications on many pertinent issues concerning society. Further, transparency in recognition of the challenges confronting the highest court whose decisions are “as stated by the President – serious and consequential” minimizes skepticism among the general mass.

Since political representations substantially influence the process, maintaining objectivity is in the republic’s interest. The elected officials are obligatory primarily to the people in a democracy protected by the constitution and the rule of law. There have been several issues brought to attention regarding the nominee, Judge Sonia Sotomayor. While some of them described as ‘caricature’ routinely experienced by aspirants seeking the highest positions on land, other matter deserve attention and unequivocal response from the nominee.

After careful review of reports and editorials, it is clear that both left and right political factions and various women’s groups desire a position related to the opinion, speech and actions of Judge Sonia Sotomayor, given the dynamics of the Supreme Court Justice role in the judicial hearing.

The specific interests in this context are –

1. The conservatives from the right raise the issue about ‘Identity Politics’ in reference to the comment on judicial expertise between a Latina judge and a white male counterpart in light of different life experiences. –

The statement rests on general assumption about distinctive race and lifestyle predicted to impact judgment due to unique background.

In addition, the categorical representation – “A person is what his or her race, ethnicity, gender or sexual preference is, and members of a particular category can be represented – understood, empathized with – only by persons of the same identity.” –

The claim suggests exclusivity in serving a particular segment and alienates the ability of those to relate to an assorted category. Such situation could apply conversely implying the representatives’ inability to deal with groups other than their own.

2. Another contentious matter from the political right is the affirmative action and the constitutionality of racial preferences in university admissions and the criteria of necessity.

Affirmative action was justified and served well for the people deprived of fair and equal opportunities post civil rights period. In the twenty first century though a milestone reached with the first African American as the 44th President of the United States, it’s far from perfection. Nonetheless, remarkable progress made until date in numerous fields and occupation.

Therefore, the status quo affirmative action is more harmful than being helpful with the race rather than merit based criteria. Besides marginalizing the once majority now diminishing with the steep rise of minorities, the preferential treatment is a setback for the intended minority possessing intellectual equivalence to others in equal settings. Even the genuinely qualifying minority likely perceived as the affirmative action beneficiary.

3. As an appellate judge, upholding a district court’s dismissal of the New Haven, Connecticut fire fighters’ complaint denying them promotions because there were no African Americans upset a large group of the conservative and moderate members in the political party crying foul and condemned as reverse discrimination. Judge Sotomayor quoted to have expressed “Appellate courts where the policy made.”

Reports indicate that Judge Sotomayor not only follows and defends the rule of law but also respects precedence applicable to prior rulings.

Court rulings precedence could serve favorably or otherwise as noted in the world famous 2000 Presidential election declaring the former President George W. Bush, the winner.

Senate hearing must seek response from the nominee to clear the air in the fire fighters case –What would be the ruling without any constraints i.e. free of quotas for the minority group?

Unveiling the political left’s fear and frustration in the absence of any view on bona fide issues such as Roe v. Wade, the Presidential Power given the past eight years excessive use of power, Death Penalty and Gay Rights are few among the priorities in societal matter.

In the Pro-Life vs. Pro-choice, the reports reveal accordingly:

Source: Washington Post and San Jose Mercury News, May 28, 2009.

1. “Judge Sotomayor’s ruling on abortion was on the conservative side. In the ruling, she said the Bush administration had the right to prohibit abortions by overseas organizations receiving U.S. funding, as well as the right to prohibit the groups from speaking out against the restrictions.

In this case, the article noted that Judge Sotomayor was following the court’s precedents, something she might not do if she were on the Supreme Court. “There is no doubt that Judge Sotomayor’s philosophy is that she is not only a practitioner of activism, but a defender of it.”

Source: Los Angeles Times, San Jose Mercury News, May 28, 2009.

“In her only abortion-related decision, she did not come down the way abortion-rights groups would have liked:

2. In 2002, Sotomayor rejected a challenge to President George W. Bush’s “Mexico City policy,” which required foreign groups to pledge that they would not support or promote abortion.

Sotomayor spoke for a three-judge panel that upheld the policy as constitutional. The government “is free to favor the anti-abortion position over the pro-choice position and can do so with public funds,” she said.

3. Yet another incident that matter to women’s groups…

Source: Los Angeles Times, San Jose Mercury News May 28, 2009.

Two years ago, Sotomayor joined an appeals court ruling that threw out a challenge to a school district’s policy that required teachers to notify a parent if they knew a girl was pregnant. The court said the teachers had no legal basis for objecting to the policy.”

With respect to overseas organizations receiving U.S. funding for family planning – President Bush’s policy was fortunately overturned by President Obama upon swearing into the office. Nevertheless, the Senate Democrats must pose the question to the nominee in this regard given the incumbent administration’s reversal of the ruling.

President Barack Obama repeatedly pledged to the American electorate on the campaign trail about his pro-choice position and commitment to the constitutional protection granted to women under Roe v. Wade, with an assurance of his Supreme Court nominee reflecting the same.

Meanwhile, during his speech at Notre Dame the President in an effort to strike a chord with the anti-abortion majority approached the controversy through reduction in abortions and exploring adoptions.

Although, abortion is not always the first choice and in most circumstances never a hasty decision by majority of women, all accessible avenues to reduce abortion should be the goal. This must be entertained with the choices made available to every woman entitled to freedom as a human being in a democracy.

There is a correlation between Judge Sonia Sotomayor’s personal background and the conservative ruling in abortion issue with no evidence of her support for Roe v. Wade.

The analysis not directed as a personal attack, the highest court lifetime appointment beckons to scrutinize the possible reason in the coveted pro-choice v. pro-life matter.

Judge Sonia Sotomayor’s cultural and religious background traditionally favors having children and large families are common. Unfortunately, Judge Sotomayor having lost her father at an early age deprived from that experience and combined with a medical condition of juvenile diabetes posing greater risks for pregnancy and complications during childbirth probably advised against child bearing. Judge Sotomayor’s personal profile confirms there are no children.

Judge Sotomayor’s ruling in the abortion matter as cited above leads to the thought of identifying the situation with ‘richness of her life experience,’ while threatening the core constitutional protection of other women’s choice.

Women’s groups for pro-choice are justifiably concerned and urging that –

“All Americans deserve to know where the next Supreme Court justice stands on Roe v. Wade.”

In the 2008 Presidential campaign, Roe v. Wade was the wedge between the Democrats and Republicans in attracting women’s votes. The trend will continue in the 2010 mid-term elections.

Despite the above facts, Judge Sonia Sotomayor’s nomination is historic enriched with a Hispanic heritage, humble beginning, stunning academic and professional record. Judge Sotomayor being a female justice would enhance the gender deficiency in the nation’s highest court.

Judge Sonia Sotomayor’s confirmation subject to clarifications on all of the above issues would strengthen the American diversity in the United States Supreme Court.

I wish Judge Sonia Sotomayor success in the confirmation hearing.

Thank you.

Padmini Arhant

Proposition 8 Results

May 27, 2009

California gone ideological!

The California Supreme Court results upholding Proposition 8 to ban ‘Same Sex Marriage’ received with mixed reaction. Those behind the Prop 8 success were jubilant over the verdict, while the victims of flawed ballot initiative disappointed at the highest judiciary’s ruling against its own decision legalizing “Same Sex Marriage” a year ago.

Society has different forces working for and against various causes. Whenever certain members in the society isolated for reasons considered obviously discriminatory by the fair minds, all avenues explored to gain equality and justice. In this situation, the victims being the gay community relentlessly pursued the legitimate course for their equal rights. The opposition vehemently denied fairness to the segregated members of the society.

The recent developments since the California Supreme Courts’ ruling last year in favor of the issue followed by ballot measures with excessive propaganda particularly by religious institutions yielding marginal victory and subsequent action by the highest court deserve scrutiny.

Even though, the court maintained the earlier decision based on the constitutional law granting equal rights to all citizens regardless of race, religion, gender and sexual orientation, somehow this time, the same court claims the upholding of Proposition 8 initiated with blatant bias and fervent activism against the victims as justification for their backtracking in human rights.

The Proposition 8 mandate on November 4, 2008 was undemocratic and unscrupulous on all accounts. This in itself, demerit the consideration to honor the so-called will of the people by the justices of the California Supreme Court. Therefore, aptly qualifies for an appeal.

Justice is blind but at times ethics and integrity beckons reasoning for sound judgment to protect innocents’ rights. Power accompanied by wisdom and courage demonstrates notable actions.

The decision makers in the judicial system formally trained to follow the rule of law typically set in stones even going back to Stone Age. Unfortunately, such rigidity in the system fails to embrace and acknowledge the transformation via progress in the society. Therefore, creating opportunities for loopholes and pathway leading to an undesirable outcome forcing specific members to remain outcasts in the society as witnessed in the gay community matter.

Clearly, the judicial authorities obligated to the constitution and the will of the people in a democracy effectively shackled in the confines of the law protecting some most of the times, while neglecting the rest during the moment requiring diligence and rationality.

Hence, in the absence of due amendments to the procedures and applicable Bill of Rights, the existing laws do not always conform to the society’s progress. Similarly, the ballot initiatives and special elections misused for political agenda wasting taxpayers’ dollars in a virtually bankrupt economy reflects hypocritical action by those calling for fiscal responsibility and spending cuts hurting the weak and the vulnerable.

They only serve the special interest groups and religious institutions violating the constitution emphasizing the separation of Church and State.  Again, one should not ignore the double standards in this context with the entities’ selective demand to the victims to respect the constitution and the rule of law.

Interestingly, the Proposition 8 status quo ruling coincides with President Barack Obama’s announcement of the Supreme Court Nominee for the next Justice of the United States Supreme Court, Judge Sonia Sotomayor. The President’s expectations in his nominee included empathy apart from fidelity to the constitution and the rule of law in reaching decisions affecting human lives. Not surprisingly, the term ‘empathy’ attracted criticisms from those unwilling to think outside the box, in this instance the legal framework.

Today, the Proposition 8 ruling would be honorable upon the judicial system requirement to display empathy where appropriate in addition to the exclusive practice of law. A legal system that strictly adheres to Text Books’ theory is contradictory to a society subscribing to pragmatism as genesis for new era culture.

As for the far right and the ultra conservative nexus celebrating victory over injustice to the targeted group of people, it’s time to rescue them from their own shortcomings with a subtle reminder that nothing is permanent in the eternal cycle of natural changes. Needless to state the once majority rule is down to a bare minority with representation threatened at every level of political system.   Possibly, confirming the reality in 2010 gubernatorial election in California.

Ironically, in the President’s choice of the Supreme Court Nominee, Judge Sonia Sotomayor’s personal and professional biography diagnosed and the New Haven, Connecticut firefighters’ matter brought forward as reverse discrimination and condemned by the moralists. Meanwhile, rejoicing the short-lived Prop 8 event inevitably to triumph in the immediate future.

In the case of the New Haven firefighters subject to verification of facts, discriminatory practices against individuals or groups regardless of them being the majority or minority better abandoned in recognition of equal rights for all and promotion based on meritocracy rather than reparation related to history will be in society’s best interest.

The religious segment on their part played a dominant role financing the favorable voting on Proposition 8. These groups under the guise of non-profit organizations violated the IRS code explicitly prohibiting political activities. Their negative propagation against “God’s beloved children” is unconscionable in spiritual and ethical sense. Deeds causing pain and agony to other human beings carried out in the name of religion or the representative are equivalent to sacrilegious in the highest order.

Using religion as a tool to promote inequality and injustice is the present norm and the prevalence attributed to ignorance of the laws of nature and general creation. Perhaps, the following message could be a revelation to all those conspicuously against the children of god, the gay community –

Homosexuality is natural with scientific evidence and not experimental as admitted by some heterosexuals since time immemorial. Homosexuality stigmatized as an epidemic and moral degradation of societal conduct, when religious scandals involving young children continue until date.

The intriguing aspect of the morality issue is the “people in glass houses casting rocks at others.”

Those religious institutions proclaiming ‘Epiphany’ and declaring homosexuality a preference rather than a unique orientation in the wide spectrum of natural diversity, owe explanation towards accepting variation in environmental species with a spectacular range in fauna and flora yet rejecting distinction in human species.

It’s tragic and an assault on human intellect by extreme ideologues to portray all loving and peaceful creator, the authority on malicious intervention in natural course of action.

Furthermore, it is twenty first century and United States, the modern democracy having engaged in democratization of regions with complex cultural heritage and inherent inequalities has a primary responsibility in setting an example of providing unconditional equal rights, privileges and justice to citizens from all lifestyles. Failure in doing so raises credibility issue for the nation regarded as the leader of the free world.

United States’ diversity and social progress truly reflected in the justice system following the constitution based on inclusive not exclusive rights.

Gay community as the children of God is an integral part of the society and “Same Sex Marriage” is their civil and constitutional right and unequivocally proven in the next and final legal battle in California.

Society fair well when all things are equal.

Thank you.

Padmini Arhant

Universal Health Care

May 24, 2009

By Padmini Arhant

Health Care is not an individual matter. It’s a national crisis as clearly expressed in President Barack Obama’s message.

“American families are watching their premiums rise four times faster than their wages. Spiraling health care costs are shackling America’s businesses, curtailing job growth and slowing the economy at the worst possible time. This has got to change.”

President Obama’s Health Care Policy aimed at three core principles — "it must reduce costs, guarantee choice, and ensure quality care for every American.”

The combined forces of the Health Care industry represented by the Insurance, Pharmaceuticals, Biotech, Academic institutions (e.g. University of Chicago), Hospitals, Medical Centers and Private Medical facilities not barring Wall Streets’… dominance in the highly commercialized and profit driven enterprise has led to the status quo of the most important economic structure in the society.

Industrialized nations have experimented with both socialized and privatized medicine. Some commonwealth nations viz. United Kingdom, Canada and Australia have blended the national health care with private and taxpayers’ funded policy. In the exclusively privatized medicine, the privileged segment of the society thrives while leaving the remaining population at the mercy of their faith and own ability to bear the financial burden in medical costs. Such situation has forced families to deal with unparallel traumatic and tragic ends.

Meanwhile, socialized medicine despite criticisms benefits most if not all. President Obama’s strategy directed towards the universal concept of sharing the costs and benefits to insure every individual. The proposal is flexible with choices between the government plan and the private sector offer. Also guaranteed in the plan is affordable and quality care, an ideal and a rare combination.

Evidently, the health care costs rising disproportionately to the benefits have contributed to an alarming proportion of the population uninsured and in most cases underinsured, thereby worsening the crisis. Sadly, in both scenarios the patient deprived of longevity in life due to the lack of national health care. Life being uncertain, a private citizen without health insurance is like a fish out of water. It is particularly harsh on the patients who are unwell and more so with the chronically ill struggling between life and death. The impact is even greater among the socially and economically disadvantaged class.

The suffering exists across the board with hospitals and community health centers/services shutting down as the primary targets of state and national fiscal crisis.

The Insurance industry thus far the most influential entity dictating terms and conditions entirely in their favor from eligibility by eliminating patients with ‘pre-existing illness,’ to co-payments, deductibles and access to health care providers and services. Further, the industry’s excessive intervention in patient care proved intrusive and fatal in many circumstances with lawsuit settlements in millions of dollars.

It doesn’t fall short of forging alliance with drug companies and some health care providers instructing patients to limited care and bypassing vital preliminary tests in the protocol with the substitution of medications overriding the preventive care of early diagnosis, the desirable and sensible approach to saving lives and costs.

Again, the flip side has a potential ethical issue with the health care providers stretching the limit on rigorous testing as an insurance against malpractice lawsuits aside from recovering investment costs on expensive medical diagnostic equipments. Either way, the patient/consumer is the victim of flawed system.

Pharmaceutical and biotech industries exploiting the uninsured and underinsured dying patients in their overzealous marketing and promotion of new drugs developed through volunteer participation in clinical trials have risen lately.

The industries seek immunity in the clinical trial patients’ written consent assuming responsibility to the calculated risks notwithstanding loss of life. The argument may rest on justification to find cure and aid humanity, however it’s not equivalent to actions governed by ethics.

Ironically, the recent medical news reports claimed the terminally ill without insurance mostly volunteered with the hope of getting new life in the unmitigated experimental cure.

There are more compelling facts regarding uninsured pregnant mothers foregoing antenatal and postnatal care, including the newborns from the neonatal attention subsequently leading to serious complications costing the tax payers horrendously in the county hospitals.

In a similar context, the ailing and wounded war veterans returning from war zones for treatment in the state-of-the-art medical center recently stranded by the closure of Walter Reed Memorial Hospital and other V.A medical centers.

The veterans’ post combat care and facilities have deteriorated to an appalling condition in the past years and the veteran affairs legislation initiated by President Obama enacted the medical provision for armed forces personnel.

Youth population has been worst hit in the health care crisis. Teenage pregnancies on the rise along with an epidemic level obesity due to unhealthy food choices surging in the market combined with limited sports activities from the lack of educational funding.

Senior citizens aren’t any better in the health care gamut. The geriatric population is marginalized with skyrocketing drug costs, forcing them to other avenues like Canada to purchase relatively cheaper medications and others travelling to South Asia for surgeries and treatments requiring hospitalization.

In a nutshell, the health care in the United States is in shambles. Policy embracing the health coverage for all Americans in an efficient system that delivers cost effective, valuable care without compromising patient’s health and life in exchange for profits is in order.

Further, the overhauling of the system is imperative with technology-oriented operation in the multifaceted management. Cost saving strategy should focus on the appropriate use of human expertise with complete utilization of qualified health care professionals in the hierarchy such as nurses, nurse practitioners, dieticians/nutritionists, counselors, therapists, technicians and everyone engaged in the wellness program.

Both private individuals and the employers would benefit from the platter with free market competing against the government plans. This would not only promote checks and balances in the highly disorganized and profit motivated sector but also remain competitive in keeping the costs down for the providers and the consumers.

Research and development instrumental for advanced care and United States has been in the forefront in that aspect. Funding stem cell research, regenerative medicine and the promising personalized medicine -‘Genomics’ is the direction for United States to lead the rest of the world.

According to the biotech industry –

“Genomics – Personalized medicine is a movement to use advancing knowledge of an individual’s molecular makeup to provide better preventive care, as well as better diagnosis and treatment.”

Genomics, apart from being revolutionary in the preventive care field, appears far more cost effective as well.

Keeping NIH well funded is representative of commitment towards general well being of the society. Also equally important is the easing of immigration laws for scholars, scientists and students to visit U.S. universities and research centers for scientific exchange programs.

United States isolated as an industrialized nation in the failure to meet the highest challenge with health care. The partisan politics and special interests holding almost every crisis hostage for profits and political agenda is detrimental for their own and the country’s future.

Approval of President Barack Obama’s comprehensive health care including the above recommendations would help the United States earn due recognition on the topic avoided for fear of political backlash.

It’s no longer possible to procrastinate having lost precious time, as too many lives are at stake. The lawmakers taken to the daunting task of doing it right with the issue literally matter to life and death.

The critics, attack the proposal with nick names ‘Robin Hood’ principle of socialized medicine. Nonetheless, the lack of action in health care compares with the paradoxical “DR. Jack Kevorkian” in the society-assisted euthanasia.

Finally, Health Care is a necessity not a choice.

Thank you.

Padmini Arhant

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California Special Election Results

May 21, 2009

Predictably, the voters declared their verdict. Some are good while others aren’t in the following manner–

Source: Data from San Jose, Mercury News, May 20, 2009 – Thanks

Prop 1 A – Spending cap and temporary tax hikes for two years with a “rainy day” fund – Failed
Yes, (35.5%) 1.1 million votes defeated by NO (64.5%) 2 million votes.

Prop 1 B – Education funding plan – Failed! (Shocking!).
Yes, (39%) 1.2 million votes thrashed by NO (61%) 1.9 million votes.

Prop 1 C – Borrowing against future lottery proceeds – Failed
Yes, (37%) 1.1 million votes rejected by NO (63%) 1.9 million votes.

Prop 1 D – Redirecting funds from children’s services – NO (Desirable result), therefore good outcome. – Yes (36%) 1.1. million and NO (64%) 2 million votes.

Prop 1 E – Diversion of funds from mental health services – NO (Yet another positive result).
Represented by Yes (35%) 1 million and NO (65%) 2 million votes.

Prop 1 F – No raises for elected officials – Passed (Thoughtful decision).
Yes (a whopping 75%) 2.3 million votes and NO (25%) 765,357 votes.

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Perspective:

Prop 1 D, E, F results are welcome and justified.

Prop 1 A and C – Obviously, voters are either confused or caught in the tug o’war between spending cuts and tax hikes opponents respectively. Similarly, 1 C failure attributed to voters’ unwillingness to acknowledge the severity of the crisis.

Prop 1 B – Failure underscores the urgency to fund education, enabling future voters and lawmakers to exercise reasoning faculties within on life choices.

The negative outcome beckons to review the demography objecting the educational funding. In a vigorously competitive global economy, the electorate and the legislators alike discarding educational funding indicative of crisis in the educational system.

It’s a matter of concern when legislators and the electorate prioritize politics over prudence in education and health care.

Recent reports have consistently confirmed the United States’ poor achievements in the International Standardized testing against stellar performance by students from Singapore, Finland, South Korea, China, Japan and India.

Is it the United States’ students fault for lagging behind in the international academic contest?

No, unfortunately the fault lies in the inadequate funding towards K-12 education, community colleges and state universities routinely targeted for political reasons. The public school system is a victim of partisanship prevalent in the state legislature and widespread in the national budget prompting endless debates to defend the programs essential for survival and success in the global economy.

United States as the leader of the free world, economic power and pioneer in many fields is contemplating on investment in education and health care, the two most important aspects of human life. It’s no rocket science to figure out that healthy and educated population are a valuable asset to the economy and national productivity.

Ironically, United States’ sharp criticism against the so-called third world poor literacy rates will be an inevitable reality at home, if the policy makers in the state and federal legislations continue to divert and slash funds from education, the fundamental requirement for productive workforce.

The proof of the pudding visually demonstrated in the famous “Jay Walkers” segment of “The Tonight Show with Jay Leno.” In one particular episode, a high school student is unaware of the current “President of the United States,” President George W. Bush at that time and, there were many clueless of the current affairs and events in their homeland during that show. Again, students benefit from quality education by teaching professionals with credentials and that’s only possible with sufficient funding to the school systems.

Contrarily, in another instance, an African student from the Ivory Coast, familiar with the economic struggles was well informed in general knowledge and world events.

Another important reason for education to be a top priority is the bridging of the widening gap between the haves and the have-nots.  Whenever legislators eye on education and health care spending cuts, the worst affected population are the lower income and the poorest of all. School districts with poor academic results often eliminated from funding and they are historically located in poor neighborhoods.

Lack of funding leads to bigger class rooms with skeletal teaching staff juggling between teaching and administrative work.  In some schools, teaching staff expected to play multiple roles as a counselor, disciplinarian, librarian and an administrator.

Even the innovative, entertaining Hollywood is restricted in assigning simultaneous roles for the lead cast in the movies.  Perhaps, these school districts deserve an “Oscar” equivalent for making the most with their host, the teaching staff.

What is severely lacking in the educational system consequently reflected in the decisions made in Sacramento… Washington D.C.?

Critical thinking and creativity are conspicuously missing in the policies and major legislations.
Any recent display of creativity has been paradoxical …for example.

In the past eight years, creativity thrived in the contemporary unprecedented housing, stock market and financial debacles and in national security – the ever controversial Guantanamo Bay, torture, wiretapping, renditions, global insecurity all of the excitement contained in a volcano and pleasantly gifted to the succeeding administration of the President Barack Obama.

Voters on their part have also been creative in more than one respect and that’s exclusive for California with Governor Arnold Schwarzenegger representing the golden state in Sacramento and not so long ago President George W. Bush in Washington D.C.

Such representations confirm the thought process in the electorates’ mind while casting ballots in the major elections and legislative matter.

Similarly, the damages are visible in the Propositions 8 (Same Sex Marriage) and 1 B (Educational funding cut) when ideology prevails over logic.

In addition, political and corporate systems benefit from pragmatism against failed applications taught in the basic education, starting as early as pre-school during the cognitive skills development. Curriculum should emphasize and encourage young minds to be visionaries and forward thinkers and help them evolve into swift problem solvers.

How does the educational funding cut affect the poor neighborhood school districts?

Anytime funding is differed and diverted from educational programs, the poor neighborhood schools face shutting down and the venue becomes the fertile ground for gang violence and crime.

When this happens, a sizable youth population fall prey to drugs and violence burdening the jail and prison system. The culmination of such events directly impact the state budget with a substantial diversion from education and health funding and allocation towards criminal justice.

Evidently, the state could avoid the cyclical pattern and invest in education and health care as a rescue scheme to protect future tax payers in the community and national interest.

Poverty and disparity exist as long as failed policies and ideologies persists.

Further, Prop 1A, B and C failure echo the sentiments of partisan politics and special interests, viewed as the nemesis to democratic electoral process and legislative matter.

Funding education and health care is the best strategy for common progress in the state and nation.

Thank you.

Padmini Arhant

California State Affairs

May 18, 2009

By Padmini Arhant

Special Election:

Sacramento is struggling with the fiscal budget crisis and dependent on California voters to help the legislators finalize on the tax hikes and spending cuts through ballot measures scheduled on Tuesday, May 19, 2009.

There are important issues on the ballot awaiting voters’ yah or nay that deserve attention.

Proposition 1 A: Controlling state spending, extending temporary taxes 2 years – Yes (due to status quo).

Hard times teach all a lesson to review, reflect and respond to the situation. In the current crisis – the polarization among the majority and minority with the two-third majority vote compliance creates gridlock in the legislative matter. In addition, the deepening state crisis has little room for negotiations, hence requires prudence in the legislations.

Those in favor of spending cuts justified in their position as long as the cuts are not affecting the vulnerable groups like children, elderly, disabled, mentally ill patients and vital programs such as K-12 and community college education. The possible areas for funds diversion or elimination should be the ones that are no longer valuable in revenue or benefit to the community at large. Often, previous budgets might have funding for a particular project or service that might be redundant and need re-evaluation prompting to either replace or discard, as it may be appropriate.

Temporary tax hikes for two years is a reasonable measure to deal with the economic realities including the credit crunch by the service oriented government sector.

Proposition 1B: Restoring $9 billion owed to schools – a resounding Yes.

As stated earlier in the blogposts titled Balancing California Budget and California Budget Deficiencies on this website, it’s improper to classify funding towards education as ‘spending’ rather than ‘investment.’

K-12 and college education is the foundation for any economy. The work force being the engine of the economy dependent on quality education and training essential to succeed in the highly competitive global economy.

Investment in early education and community college as well as state universities is an absolute priority without exception to eliminate socio-economic disparities contributing the related problems…poverty, disease, crime etc.,ultimately affecting the general economy.

Proposition 1 C: Borrowing $5 billion from future lottery profits – Yes (Based on reality).

Prop. 1A principle applies over here. Borrowing funds in the financial market with severe liquidity crisis is a challenge and any available avenue to salvage the budget deficit is a better strategy.

Proposition 1 D: Diverting the money earmarked for children’s services – Positively NO.

Again, the service adequately qualifies as an ‘investment.’ Children are the future and depriving them from programs benefiting their welfare is counterproductive.

Proposition 1 E: Diverting money from care for mentally ill – NO (Not a viable option).

Despite being immoral to marginalize the feeble for the sake of able, expecting positive outcome from diversion is a misconception.

Proposition 1 F: Denying raises to lawmakers, governor – Unequivocally Yes.

Compromises and sacrifices serve the society well during difficult times particularly when it happens from the top bottom rather than the other way around.

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Budget Deficit Reconciliation:

According to news reports, the budget deficit laid out in two scenarios – Ballot measure approval or failure.

Upon approval the deficit stands at $15.4 billion, contrarily the failure would yield a staggering $21.3 billion through mid 2010 and could get worse if the revenue projections do not correlate with actual earnings around that time.

The estimated total budget for the fiscal year starting in July 2009 is $84 billion.

Obviously, the disproportionate combination of revenue loss and investments/expenses yielded a stalemate.

The economic downturn led to the severe loss in tax revenue directly affecting the funding for various services and programs. Meanwhile, the recipients and beneficiaries of the services remain constant or increased since the last budget.

California confronted by the urgent action to resolve the financial crisis. Government organizations are predominantly service sectors engaged in providing public services to the residents of the state, counties and cities. In such atmosphere, the only and perhaps the major source of income is taxes collected from individuals, corporations, levies, fees and other charges that may be applicable on various items.

When the economy slides rapidly as it has since 2007, it drastically affects the income source via taxes. Unfortunately, the percentage of population receiving the services that typically represents investments/expenses, do not always drop to accommodate the economic decline.  If anything, it either remains unchanged or rise gradually increasing the burden on the budget.

It’s human nature to assume false sense of security during economic boom that leads to an ill-prepared situation for inevitable budget crisis. Combined with the common error is the ideology of the legislators who hold the crisis hostage to justify their political means. Regrettably, actions of this nature by ‘Kamikaze’ pilots produce devastating results.

Many compelling reasons provided to vote for the propositions served on the ballots scheduled early next week. Obviously, the importance laid on the opportunity to derive $6 billion borrowing from the future lottery earnings to survive the immediate crisis.

The circumstance is somewhat similar to SOS from the protective-gearless team at the cliff edge requesting the rescue squad (the voters in this case) to assist them in descending the slippery slope with minimal skull and bone injury.

Since the solution to the budget crisis relies on the revenue and spending equation, exploring ways to generate the deficit amount- $21.3 billion urgently needed to resolve the crisis. It appears that a wide area in spending cuts reviewed and essential programs and services streamlined to meet the challenge. Any further measures to divert funds from these sources i.e. Prop 1B, D and E, would exacerbate the crisis in the long run. It’s noteworthy that preventive care is always cost effective than cure.

The best alternative is to examine the revenue path to raise income for the burgeoning problem. No matter how one circumvents the situation, temporarily raising taxes is an irreversible reality and the only guaranteed avenue to salvage the deficit debacle.

1. Sales tax on items purchased via on-line is legitimate and widely applied around the world.

2. Gasoline tax would be appropriate around this time, considering the decrease in oil prices
recently.

3. In the transportation sector – airport tax, port fees, levies, import duty, quota items,
documentation fees and charges are some areas worth revising.

4. Closing state tax-evasion loopholes to derive income is yet another reliable source.

5. Marginal increase in the parking fees at beaches and parks are attention-worthy.

6. Sale/Leasing government buildings to federal agencies and corporations seeking sports
venues would be suitable for income source.

7. Issuing drivers license and allowing all undocumented workers to register their vehicles
would not only generate income for the state, it would also strengthen state and national
security with the documentation of all residents in the state.

Subsequently, acquiring vehicle insurance by the undocumented workers would minimize the burden on registered owners in addition to stimulating the economy through insurance industry.

8. Entertainment tax receipts from the philanthropic entertainment industry would sufficiently
provide for the deficit cut.

9. In the environmental front – cap and trade emission upon legislation should create opportunity for
state income.

10.The state should not discount borrowing from the federal government given the ‘bailout’ season
prevailing in Washington right now.

11. Among the spending cuts – Abolition of death penalty in California and elsewhere would be a groundbreaking rule aside from being earth shattering for the opponents. Besides reflecting the contemporary modern society, it is morally, ethically and financially right on target.

According to legal professionals directly involved in the state criminal justice system, millions of dollars squandered on the perennial appeals and criminal proceedings leaving the inmates on death row for an indefinite period.  Instead, life sentence without parole and having them involved in the activities that would pay for their upkeep in the prison is the ideal strategy. Prison systems and jails in the state would benefit from a major transformation in serving as the reform and revenue center rather than a medieval archive and a liability on the taxpayers.

The legislators’ iron will to defend their failed policies and ideologies has contributed to the special election event in California on May 19, 2009.  Voters across the state of California must realize that abstinence from voting any time in a democracy is renunciation of personal and constitutional right.  The moral equivalence of discarding the exclusive right would be to entrust life in the hands of the lawmakers primarily responsible for the embarrassing fiscal mismanagement.

Desperate times calls for desperate measures and the electorate have an awesome responsibility towards themselves, families and fellow citizens to exercise diligence and cast ballots in saving the golden state from potential bankruptcy.

Special election is a reminder that two-third majority law in budget and other legislation in both state and federal level best replaced by a simple majority rule for democracy to function efficiently.

Californians can only save California on the brink of collapse on Tuesday, May 19, 2009 with an overwhelming majority approval of the Propositions as recommended above.

Thank you.

Padmini Arhant

International Politics – India’s General Election Results

May 16, 2009

By Padmini Arhant

Heartfelt Congratulations! to DR. Manmohan Singh and Mrs. Sonia Gandhi on the impressive victory and re-election of the Congress Party to lead the world’s largest democracy towards further progress and prosperity.

India is at the crossroads in the peace process particularly with the nuclear neighbor Pakistan, currently dealing with challenges threatening the national and international security. There is an opportunity for the nuclear nations to develop peaceful bilateral relationship and revive mutual trust as the foundation to promote trade, economic and cultural exchanges beneficial for the entire sub-continent.

Now is the time to lay the historic discord to rest and begin a new chapter by guiding the younger generations on both sides to coexist in harmony. The best strategy for prolonged peace in the region and global security is nuclear disarmament.  Perhaps, it could begin in the Indian sub-continent leading other nuclear nations to follow suit.  Such unprecedented move would be symbolic for the nation set free by the renowned pioneer of peace and non-violence, Mahatma Gandhi.

Indian leadership desperately required in the peaceful resolution of the Sri Lankan crisis. The escalating violence and the recent death toll among the minority Tamil civilian population are unacceptable. Again, there is no justification whatsoever in the ongoing military action by the Sri Lankan government focused on the minority Tamils’ displacement and replacing them with the Sinhalese settlement.

It’s incumbent on India to refrain from aiding the Sri Lankan government anyhow in the hostility and persecution of the minority Tamils. Sri Lanka well armed with ammunitions supplied by nations prioritizing profit over people needs no further assistance in the crime against humanity. History is testimony that when all things fail in securing equality and justice, uprising by marginalized population is a natural course of action against oppressive power.

However, violent means by the minority representatives are worthy of condemnation and India could play a decisive role in the peaceful negotiations between the two sides. Indian involvement would be legitimate considering the significant representation of Tamils in the southern Indian state of Tamilnadu.

It’s equally important for India to remain vigilant on the recent developments in the northern side of the border concerning Nepal and China’s unnecessary influence. In the other international matter, India should renounce any ties with the repressive regime, Burma. India’s continuous trade relationship with the nation in defiance of humanitarian laws and suppression of democracy raises credibility issue and potentially controversial for the world largest democracy.

Finally, the Congress government should expand attention to the poorest groups apart from the farmers in the society. Again, it’s imperative to provide housing, education, jobs and health care to those at the bottom of the socio-economic strata. India’s progress will truly be reflected when prosperity shared among all rather than the privileged few.

Best Wishes to DR. Manmohan Singh, Mrs. Sonia Gandhi and the Congress Party in all endeavors.

Padmini Arhant

‘Talibanization’ of Afghanistan and Pakistan

May 13, 2009

By Padmini Arhant

The Taliban insurgency in Afghanistan and the northwestern regions of Pakistan, particularly the swat valley have proven deadlier for the ruling powers in Afghanistan, Pakistan and the United Sates due to the inevitable civilian casualties and displacement arising from the incessant shelling supposedly targeting the Taliban militants.

According to the Pakistani government, the military operation has been effective thus far in the attack against the militants, without any confirmation or denial on the humanitarian catastrophe.

Meanwhile, the Taliban’s pervasive retaliation to the military force is evident from the clashes in other districts, Buner and Dir with the Taliban expected to be within 60 miles of the Capital city, Islamabad. Incidentally, the Taliban’s eyes are set on Karachi, the commercial capital and an epicenter for various terror networks readily available to forge alliance with the ideological militant group.

The North -Western Frontier Province appears to be under siege. The heavy bombing has elevated the humanitarian crisis with the internal refugees toll reaching a phenomenal 1.3 million and still rising including the earlier 550,000 from the tribal warfare.

It’s intriguing for those familiar with the Taliban’s rise and fall and their sudden emergence with well-equipped weaponry to challenge the U.S. and NATO forces in Afghanistan, and the Pakistani artillery predominantly supplied by the United States and China.   Most recently, the Pakistani President Asif Ali Zardari reportedly blamed the United States i.e. CIA for creating the Taliban and implied that such creation consequently led to the present quagmire.

Origin of Taliban as ‘Mujahideens’ (The Arabic meaning “strugglers” )

As per Wikipedia – The Free Encyclopedia – Thanks

“The best-known mujahideen, various loosely-aligned Afghan opposition groups, initially fought against the incumbent pro-Soviet Afghan government during the late 1970s.

The mujahideen were significantly financed and armed (and are alleged to have been trained) by the United States Central Intelligence Agency (CIA) during the Carter[5] and Reagan administrations and the governments of Saudi Arabia, the People’s Republic of China, several Western European countries, Iran, and Zia-ul-Haq’s military regime in Pakistan.

The Pakistani Inter-Services Intelligence (ISI) was the interagent used in the majority of these activities to disguise the sources of support for the resistance. Under Reagan, U.S. support for the mujahideen evolved into an official U.S. foreign policy, known as the Reagan Doctrine, which included U.S. support for anti-Soviet resistance movements in Afghanistan, Angola, Nicaragua, and elsewhere.”

Reality Check:

Although, the facts support the origin of Taliban (historically the orphans of the former Soviet oppression) as the ‘Mujahideens’ previously funded and trained by the nations vigorously involved in the lucrative arms race up until now,

The contemporary rise of Taliban and their empowerment attributed to the covert support by the Pakistani military and prominently the ISI (Inter-Services Intelligence) implicated in various terrorist activities around the world notably the September 11, 2001 and notwithstanding the Mumbai terror attack in November 2008.

The dynamic duo also presumably associated with other national and international conspiracies…

Fostering acrimony between India and Pakistan on the Kashmir dispute,

Coordinating with China and Israel in the arms supply to the island nation Sri Lanka in the ethnic cleansing of the Tamils,

Assassination attempts on the Afghan President Hamid Karzai,

The Indian embassy bombing in Kabul, and

Last but not the least, the possible link in the assassination of the former Prime Minister Benazir Bhutto are few of the many contentious issues related to both institutions.

The above information might be controversial and inflammatory however, in Pakistan’s political reality democracy never allowed to blossom by the all-powerful Pakistani military force and the Intelligence Services apparently controlling the nuclear site. The successful coups in the past right down to the former Military Commander and President Pervez Musharraf are testimony to the fact that democracy proven oxy-moron by the ISI and the Pakistan armed forces.

Ironically, the waging of war against Taliban by the Zardari-Gilani administration succeeding a Military regime with a puppet figurehead after having given refuge and diplomatic immunity to the ousted Taliban forces post 9/11 is analogous to a raging forest fire set by the rangers entrusted with safeguarding the habitat’s interest.

It’s noteworthy that the former President Musharraf’s government was the only nation and the Islamic power to extend an open invitation to the Talibans following the U.S. troops led war against Afghanistan in 2001, while simultaneously posing as an important ally to the former U.S. administration under President George W. Bush.

Talibans are the by-product of the historic multinational blunder and botched up conventional stockpiles sale by the military industrial complex in Afghanistan under the guise of prototype for democracy in the lawless region of the world.

How does the scenario play out in Pakistan’s neck of the woods and for the rest of the world?

Taliban and Al-Qaida are formidable in their ideology to destabilize the democratic (more appropriately ‘dynasty’) rule in Pakistan perceived as the “American appointees” with the political cohesion of the Pakistani ISI and the Military hierarchy.

The Congress under Bush administration approved and granted $10 billion U.S. taxpayers aid to the Military power represented by the ex-President Musharraf for FATA (Federally Administered Tribal Areas) in an effort to fight the global war on terror. In return, the Pakistani Military misappropriated the funds(?) and diverted all attention towards the long time rival India in anticipation of a major confrontation on Kashmir by instigating the local militant groups alongside the Kashmiri border.

Evidently, failure on FATA combined with the conciliatory actions by the Pakistani ISI and the Military contributed to a myriad of terror networks within Pakistani soil.  Furthermore, the lack of oversight and accountability on the U.S. taxpayers’ aid to the Pakistan Military rather than the people enabled the precipitous decline of law and order.

As a result of the unconditional foreign aid to the institutions with flawed track record, today Waziristan is a safe haven for the Al-Qaida leader Osama Bin Laden and the North-Western Frontier Province now under Taliban control, thereby comprising a strategic victory for the terror and militant groups.

Interestingly, the Pakistan military has incorporated the incumbent U.S. President Obama’s “Change” philosophy in their traditional political agenda, i.e. toppling the government elected through a muddled electoral process in Pakistan. The difference being the conspicuous departure from the overt military coup launched against the prior democratic governments in the state.

Nothing more potent in fomenting anti-government and anti-American sentiments than a political turmoil from the homegrown insurgency forcing the ruling government to stage air and ground assaults yielding immense civilian casualties and ultimately the refugee status for a sizeable population in the homeland, again the humanitarian disaster unfolding with the blessings of the United States behind the scenes.

The anger and disappointment is visibly widespread among the victims and the families, they are demanding that the international community hold the United States and Zardari government accountable for the greatest human tragedy.

In this particular instance, the Pakistani ISI and the Military score the highest points for being the smooth operators.

Not surprisingly, the moderate, peaceful and pro-democracy population in Karachi and different parts of Pakistan is terrified of the Taliban rule and the Sharia law. The domestic and the international news agencies along with the human rights organizations have released several reports with graphic visuals on the civilian deaths and the exodus of at least 1,000,000 refugees and probably more are fleeing the main town, Mingora in Swat Valley and other war zones.

Accordingly, the Pakistani Prime Minister Syed Yousuf Raza Gilani seeking international aid to relieve the millions and the President Zardari’s visit to the U.S. requesting Congress for at least $83 billion U.S aid to rescue his nation from tyranny might be justified.

Howsoever, the United States taxpayers and other nations should not fall into the booby trap of funneling funds to the state, since the ordinary citizens in Pakistan and Afghanistan never ever receive a dime and invariably the funds are channeled to the nefarious sources lacking in ethics and defiant of national or international law. Please refer to the alternative recommendations detailed in the ‘remedy’ section of the article.

With respect to Afghanistan, the United States Special Forces’ recent aggression against the Talibans and other terror networks producing the huge civilian casualties is unacceptable. The medical reports from the international aid organizations suggest the use of White Phosphorous bombs in the raid, claiming to be legal in the international wars despite the use of such chemical arsenal considered a humanitarian crime on all accounts.

These are the reasons why war is a terrible choice as there is no winner except for the deaths and destruction of innocent civilians apart from the truth being the other casualty. An independent, international committee should conduct any investigation and not the parties accused of the crime to reflect seriousness and credibility in the matter.

International Crisis Remedy

Civil unrest and internal violence anywhere is a matter of concern. Nevertheless, the situation in Pakistan is precarious not just for the ‘nuclear’ factor and the potential ramifications in the Indian sub-continent, but also the imminent danger of radical elements in control of a highly volatile nation complex in demographic, political and socio-economic structure. In addition, Taliban and Al-Qaida together constitute a tremendous threat to the international security.

Effective immediately, any financial assistance from the United States and other nations must be conditional with a requirement for complete overhauling of the Pakistani ISI and the top Military officials to assure the international community the legitimacy of democratic power in the state.

Under no circumstances, cash payments made directly to the government agents in both countries i.e. Afghanistan and Pakistan in the light of embezzlement and bribery scandals involving the political figures. The economic aid to the people delivered by the credible non-profit humanitarian organizations is appropriate to realize the real gains and progress in the nations affected by corrupt bureaucracy.

Investments in cash and kind must be subject to accountability by an oversight committee of the respective nations.

Given the magnitude of the humanitarian plight in Afghanistan and Pakistan, the United States and NATO should engage more in the relief effort by providing logistic support to the people of these two nations desperately in need of efficient services from evacuation to settlement in peaceful manner.

Henceforth, the United States and allies must shift gear from the offensive military operation towards the relentless Peace Corps projects and rebuild civilizations in Afghanistan, Pakistan and war zones around the world. Such unprecedented action called for image reparation and trust revival lost in the imperialistic desire to invade and occupy nations vulnerable to new age weapons experiment.

The escalating violence and tension in these two countries has generated a severe loss of confidence in the local and foreign governments by the victims caught in the crossfire between the tribal warlords in cahoots with the fundamentalist forces and, the military might of the economic powers in the world.

Therefore, it’s essential for Afghanistan, Pakistan, United States and NATO to prioritize civilian protection and welfare before, during and after the combat period. It would greatly improve relationship with the local civilian population important to prevail in the indomitable task of defeating terror around the world.

In the twentieth and twenty first century, the rich and affluent nations imposing economic sanctions against the economically weak offenders has been the common and popular course of action, regardless of the real victims being the people and not the government authorities in power.

Now is the time to abandon the military action, economic sanctions and concepts that are obsolete, redundant and counterproductive.  Instead, useful and meaningful methods guided by moral principles are the best replacement to deal with any and all crises.

International consensus and action is paramount in the permanent arms embargo to relieve poor/ impoverished nations and developing/developed nations alike from the persisting outbreak of civil wars constantly witnessed in Africa, Latin, Central and South America, and relevantly in Sri Lanka with Pakistan and Afghanistan leading the world trend.

The existing conditions in Afghanistan and Pakistan are not a regional issue but a global calamity.  Similarly, it’s no longer the United States’ unilateral battle and the cooperation from the world over at all levels viz. troops involvement, financial assistance and logistic provision instrumental in maintaining international peace and order.

Finally, the game is over for the military industrial complex raking profits at the expense of innocent blood in the worldwide promotion of senseless carnage and chaos among humanity.

For the world at large, it’s worth remembering that,

“Peace within you helps spreading peace around you.”

Thank you.

Padmini Arhant

International Politics – India’s General Elections

May 7, 2009

The world’s largest democracy goes to the polls to elect a Parliamentary government that would govern the nation regarded as the other emerging economic power in Asia.  India being the multilingual, multi-ethnic and diverse society is complex in political nature because of the multi-political factions representing a wide range of social, economic, political and environmental issues.

Further, such complexity diminishes the prospects for any major party to form a government.  In the absence of absolute majority, the winning party often forced to forge alliance with their enemy’s enemy and earn the title Coalition government resembling the democratic outcome in Israel, Germany and Australia to name a few around the world.

Indian election like any other electoral process is not devoid of controversies and the highly decorated stage performances by political figures.  In addition, the involvement of celebrities as surrogates is all too familiar for political enthusiasts.  The interesting feature of the Indian election is the massive participation of the rural and the impoverished segment of the population prominently left behind in the rising economic prosperity prevalent among the society’s middle class.  Obviously, the widening gap between the haves and the have-nots is the topic for many contenders to deal with during any political debates and public appearances.

Do the electorate buy what the political candidates and the representatives offer while seeking their votes?

Even though, the literacy rate among the rural and the poor electorate may not meet the international standard, one should never underestimate the political knowledge of the struggling class in the society.  Unfortunately, the plight of this populace also exploited for political reasons by many aspiring rookie and experienced political rivals alike, in concurrence with the regular politics found anywhere.

India has come a long way and dealt with great many challenges since independence.  In the past decade, the tremendous economic and social progress is transparent in the lower income and middle class population. The achievements in science and technology has been instrumental in the impressive economic growth despite the politics related to outsourcing and the growing , well educated youth population form a valuable asset in strengthening the present and future economic security.

The country is experiencing revolutionary demographic shifts among the rural and urban population creating opportunities for continuous productivity.  Nevertheless, prosperity accompanied by problems is a common phenomenon for developing nations in a competitive global economy.   With the steady economic growth, the inflationary rate requires constant monitoring in correlation with the free market demand and supply factor.  Besides, the sustainable population growth strategy would ease the burden on urban development, industrial expansion and ultimately the environmental goals.

The rural population has been disadvantaged in the globalization trend directly affecting the farming community and served a platform for the ruling party to win the previous election.  Most states prioritized commercial sector over agriculture and abandoned the farmers forcing many to commit suicide, while others moved to industrial towns and urban areas in search of jobs.

Meanwhile, the aggressive promotion of chemical fertilizers and pesticides by the multinational corporations proved harmful to the crops apart from being an environmental hazard.  Organic food producers are in strife due to produce grown with chemical fertilizers arriving from the Chinese border and sold in the Indian fruit and vegetable markets at an unbeatable price.  Above that, the global warming has taken toll with extreme weather conditions varying from severe drought to flooding caused by monsoon rain damaging the crops and vegetation.

Social and economic disparities are visibly widespread among the poorest in both rural and urban parts of the country.  It is important for the new government to address abject poverty, disease, lack of education, medical facilities and provide better living conditions starting with the supply of pure drinking water and decent dwellings.

There is an urgent requirement for investments in infrastructure and environmental friendly energy programs that would minimize oil dependency while promoting efficient transportation. It would be beneficial to the overall economy.

In the geopolitical sphere, India is grappling with tensions all around the borders particularly with the nuclear neighbor Pakistan and the rising instability within that nation from Taliban insurgency and other terror networks.  The Indian side of Kashmir is relatively calm and reflected in the recent democratic state election.

On the northern side, the political turmoil in Nepal is a matter of concern due to the successful influence of China on the existing power, The Communist Party of Nepal (Maoist). Moreover, China’s illegal invasion and occupation of Tibet has led to the fleeing of Tibetan refugees to India.   India has responded well to the humanitarian call in accepting and providing asylum to the Tibetan population.

Across the Indian Ocean, the escalating ethnic cleansing by Sri Lankan government is a contentious issue for the people in TamilNadu, South India.

Amidst the election excitement, the political candidates capitalized on the Mumbai terror attack and were extravagant in the divisive politics with some of them exclusively targeting the Muslim population in the society, regardless of India being the second largest Muslim nation in the world.

If the fundamentalists in BJP and other political parties indulge in polarization, it would be detrimental for national security upon their election.  Likewise, the incumbent Congress Party must refrain from aiding Sri Lankan government in their hostility and persecution of the ethnic Tamil population to settle past political scores.  Such action could similarly lead to the disintegration of the society with a significant representation of Tamils in the southern Indian state of Tamilnadu.

Indian politics deserve a breath of fresh air with young intellectuals in leadership role to guide the nation utilizing modern and innovative concepts in all aspects.  Perhaps, it’s time for the Indian society to renounce dynasty, nepotism and seniority based politics.

India sought freedom on the premise of non-violence and relentless peace process initiated by the founding father and leader Mahatma Gandhi. Any effort by the political factions to dismantle the unity and peace foundation would be disastrous for the country with enormous potential.  India is a secular nation and remains so now and in the future.

Every vote counts and matter in a democracy.  The citizens of democratic nations privileged with the power to elect a government of the people, for the people and by the people should never discard the exclusive right.

On that note, I wish the world’s largest democracy everlasting peace, progress and prosperity.

Thank you.

Padmini Arhant

National Security Act – Torture

May 6, 2009

By Padmini Arhant

Torture

The nation riddled with recent events pertaining to national security.  In the past few weeks, there have been vigorous debates and discussions on the release of the torture memos describing the torture tactics applied on the speculative terror suspects in Guantanamo Bay and those held in Bagram Prison, Afghanistan.

There are polarizing views regarding the release of these materials claiming the potential threat to national security including the CIA and FBI operatives’ difficulty in performing their duties to keep the country safe.  Those in favor of transparency welcome the Obama administration’s gesture subject to further course of action. Merely releasing the materials will not suffice considering the misuse of power and gross violation of humanitarian laws.

In addition, the subsequent argument on the possible prosecution of the individuals responsible for torture against the Geneva Convention contributing yet another dilemma in the definition of torture and accountability factor.  Obviously, the predecessors’ supporters vehemently oppose the entire action thus far – from revealing the information to investigation.

The Obama administration‘s ambiguity on the humanitarian issue perceived as the White House conspicuously avoiding ‘retribution’ smear and possible distraction from the legislative matters like the universal health care.   Meanwhile, concerned citizens intrigued by the extreme strategy implemented to justify the imminent danger hypothesis, a constant practice by the previous administration notably the successful fear-mongering tactic during and after the Iraq invasion and occupation.

A full disclosure of the interrogation techniques particularly the notorious water boarding , ill-treatment and the indefinite imprisonment of the ‘so-called suspects’ in these captive centers confirm the serious violation of International Code namely the rejection of GCIII and Habeas Corpus.

It is important to examine the exact interpretation of the International laws set up for guidance and ethical purpose.  Further, the enforcement of these laws is to ensure precisely the state/the authorities remain confined to the jurisdiction of power against unarmed human beings in detention.

Source: The Wikipedia.org (The Free encyclopedia) – Thanks

The Third Geneva Convention of 1949 (abbreviated GCIII or GPW) , one of the Geneva Conventions, is a treaty agreement that primarily concerns the treatment of prisoners of war (POWs), and also touched on other topics. It replaced the Geneva Convention (1929).

According to Article 3, Part 1, General Provisions referred to as ‘Convention in miniature,’

“Noncombatants, combatants who have laid down their arms, and combatants who are hors de combat (out of the fight) due to wounds, detention, or any other cause shall in all circumstances be treated humanely, including prohibition of outrages upon personal dignity, in particular humiliating and degrading treatment.

The passing of sentences must also be pronounced by a regularly constituted court, affording all the judicial guarantees, which are recognized as indispensable by civilized peoples.  Article 3’s protections exist even if one is not classified as a prisoner of war.”

Habeas corpus (IPA: /ˌheɪbiːæsˈkɔːpəs/) (Latin: You (shall) have the body[1]) is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or herself, or of another person.  It protects the individual from harming him or herself, or from being harmed by the judicial system.  The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Simply put,

Habeas corpus, a legal action through which a person can seek relief from unlawful detention.

The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of nonauthority.  The official who is the respondent has the burden to prove his authority to do or not do something.  Failing this, the court must decide for the petitioner, who may be any person, not just an interested party.  This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof.”

Here are some news articles detailing the torture on presumed ‘suspects’ held in captivity by the U.S authorities.

Warning: The following articles are graphic and may not be suitable for all.

“I Could Not Stop Screaming”

“The British newspaper Guardian (2/18/2005) reported that one Bagram prisoner, a Palestinian named Mustafa, was blindfolded, handcuffed, gagged, and forced to bend down over a table by three American soldiers.  He said, “They forcibly rammed a stick up my rectum… I could not stop screaming when this happened.”

In another case reported by the Guardian, a Jordanian prisoner, Wesam Abdulrahman Ahmed Al Deemawi, said that during a 40-day period at Bagram he was threatened with dogs, stripped and photographed “in shameful and obscene positions” and placed in a cage with a hook and a hanging rope.  He says he was hung from this hook, blindfolded, for two days.

Both men were freed from U.S. detention last year after being held at Bagram and Guantánamo.  Neither has been charged with anything by any government.

Dilawar, a 22-year-old Afghan taxi driver and farmer, was killed by U.S. torturers at Bagram in December 2002.  He had been beaten and chained by his wrists for four days. After his last torture session, Dilawar was chained back to the ceiling.  Several hours passed before a doctor saw him—by which time he was dead and already beginning to stiffen.

“An official of the Afghan Independent Human Rights Commission questioned –

“Are They Going to Vanish Forever?”

“The Americans are detaining people without any legal procedure. Prisoners do not have the opportunity to demonstrate their innocence.”

Despite the unprecedented human rights violations… translated barbaric in modern times, the defense for the authorities authorizing and executing the medieval customs against unarmed detainees charged guilty without due process is astonishing.  The world witnessed the pervasive prisoner abuse in Abu Ghraib, Iraq, Bagram, Afghanistan and Guantanamo Bay through explosive visuals, editorials, columns and interviews predominantly from the international sources and on-line mass media.

Incidentally, the torturers’ loyalists cry ‘foul’ against the latest revelation.  Even though, the international news organizations and human rights groups have been reporting these incidents all along per above articles.  Contrasting the detainees position, all those responsible for the unconscionable crime against humanity involving innocent victims in the witch-hunt for terror suspects, are also exempt from due process however, with the distinction of them proclaimed “Patriotic” in their utter disregard for International laws and human rights.

Clearly, the abuse of power in this context from the pyramid‘s apex to the base is symbolic in the embarrassing chapter of American history.  Ironically, the explanation for torture attributed to national defense while ignoring the brutality against other nationals and their families’ ordeal.

One might argue if it’s worth treading the retribution path rather than moving forward.  It’s possible to move forward if the past had no remnants of violation of the laws involving global citizens in prolonged detention specifically in the absence of any evidence or trials.  Similar treatment of American nationals would have created pandemonium at all levels.

Besides, such practices open the floodgates for misuse of power by future administrations notwithstanding other nations…currently witnessed in the treatment of American journalists imprisoned on allegedly espionage charges by Iran and North Korea.

Whenever there is excessive abuse of power, unequivocally democracy threatened aside from the Constitution made irrelevant.  Therefore, it’s incumbent on the people in a democracy to ensure that neither the state nor any authority is above the law in the land of justice.

Please stand by for more information and analysis on related topics.

Thank you.

Padmini Arhant