India Visa Misery

According to World Bank India gets 7 million visitors a year, which is shameful for a country of this size, economic importance and cultural heritage. This compares with Vietnam's 8 million, Malaysia's 26 million, Thailand's 27 million, Russia's 31 million, China's 56 million, U.S.A.'s 70 million and France's 85 million. Moreover, as anyone looking around at fellow passengers on flights to India will attest, most of the visitors to India are people of Indian origin visiting their (erstwhile) homeland.

A big reason for this disparity is the torturous process required to secure an Indian visa. This was brought home to me last week when "J", the mother of an Indian friend sought my help to apply for her Indian visa after she was naturalized as a U.S. citizen. Even with liberal use of Google and my familiarity with Indian bureaucracy I found the process to be very time consuming and confusing. It would be much worse for my U.S. friends contemplating vacation alternatives. And they have a wide choice of destinations so why would they not simply go elsewhere?

Back to "J", I found she had to both renounce her Indian citizenship and apply online for a visa application in addition to submitting paper forms. The renunciation process starting with an online link and a separate one for visa application seem simple in theory but are frustrating when you actually go through them. Problems include:

• No integration between the two processes (e.g., common checklist of documents needed) or clarity as to whether you can mail all papers together, combine payments into one sum, etc.
• Unclear about kind of visa needed (e.g., under visa categories, should former Indian citizens wanting to visit apply for tourist visa or entry visa? What is the difference in functionality and fees?) 
• Outdated and contradictory information about visas (e.g., under Visa Provision tab they show a tourist visa is for only 180 days. They have changed the "entry visa" type to "Foreigners of Indian Origin" and say validity is 5 years. Actually both tourist and entry visas can be valid for 10 years.)
• Long and tedious visa application form with too many questions, including your parents' dates and cities of birth, countries you've visited in the past, references in USA and India, etc. Can't they see how much easier and shorter is it with most other countries?
• No up front look possible at the blank application form - you have to fill initial information before being able to move to the next section. (Perhaps preventing a look in advance is to avoid scaring away applicants.)
• No fee information or comparison table up front. For instance, you can't know till you fill both forms that the 10 year multiple entry "tourist visa" costs only $100 versus $240 for the equivalent "entry visa". Or how the entry visa is better (answer: you can stay beyond 180 days per visit.) How much for a business visa? Sorry, you have to fill a fresh form to find out. Also, because they haven't updated the website, they show the maximum period of validity of an entry visa to be 5 years instead of the (correct) 10 years. 
• No proper online "check out" calculator showing total dues including processing and mailing fees for the selected option. So you're not sure if you have correctly added up the application fee, the mailing fee, etc. when you're sending in all the papers. As an added annoyance they don't accept personal checks (the U.S. simply waits for them to clear) and make you go to the bank to get a money order or cashier check. True, they accept credit cards (with an extra 3% convenience fee) but this option doesn't work when you need to renounce Indian citizenship AND get a visa. Reason: a glitch in their system blocks you from making payment online for the second application (e.g., visa) after you've made it for the first (e.g., renunciation.) 

Even a bright high school student with coding skills could make this whole online process easier and glitch free. The problems are probably due to sheer incompetence, though you cannot rule out their partly resulting from cynicism of higher foreign service personnel. A foreign service equivalent of India's "Inspector Raj." You see, the importance of local consular staff and their bosses is inflated and they can oblige more people by helping them overcome hurdles that come up when you apply through regular channels. 

A silver lining is that the private agency that now accepts applications in U.S.A on behalf of the Indian consulate - CKGS -  has good people and strives to be helpful. After we discovered mistakes in her mailed application and submitted documents, I advised "J" to visit the CKGS office in New York. They quickly retrieved her mailed papers, took the revised application form and additional documents required, and she was done in 10 minutes. In three days she got her completed papers mailed back to her. So my advice to anyone living close to CKGS centers is to walk in (preferably after making an online appointment) instead of applying by mail.

With Narendra Modi with his vaunted reputation for efficiency becoming prime minister last year can we hope for fixes to the system? I've already seen some evidence of this. For example, since January 2015 the so called OCIs (Overseas Citizens of India) who hold lifelong visas for India now just need to carry their OCI card to enter India. They no longer need to go through the ordeal of getting a "U visa" sticker affixed to their passport every time they get a new one, or carry their old passport with the sticker with them. (Even in this there are residual inefficiencies in online instructions. The new instructions are mentioned in red in the relevant website, but in the ensuing 9 months the older rules on this haven't been updated in other parts of this and other official websites.) 

Visa difficulties not only severely inconvenience those needing to visit India but also deprive India of a much larger influx of (presently turned off) tourists that can enormously benefit its economy. As with the OCI sticker issue, the top political leadership should pressure the bureaucrats to improve their act in other consular functions as well.

We're All Fair And Balanced In Our Own Eyes

Non-Republicans laugh at the Fox News Channel's describing itself as "Fair & Balanced" and this slogan is the butt of endless Jon Stewart digs on The Daily Show.  But its hardcore audience laps up  the Fox News fare as gospel truth (an appropriately applicable term for this viewer demographic) and sees no irony.

Most of the world including many Muslims regard the Al-Qaeda and the Taliban as destructive and fanatical operatives that are a blight to civilized society.  Yet these militants think of themselves as soldier-saints of Allah setting out to right society. 

Israeli rightwing nationalists feel it's entirely justified and reasonable for them to expand Jewish settlements in occupied Palestinian territory.  And Iranian hardliners feel the same way about denying Israel's right to exist.

We all tend to see our own viewpoint as being right and those deviating from it - even if it's an overwhelming majority - as being wrong.  In her 2008 "Buried Prejudice: the Bigot in Your Brain" in Scientific American, Siri Carpenter describes how reported facts are filtered by our biases that are often shored up by self-interest.  "We are pre-disposed to ascribe superior characteristics to the groups to which we belong, and to exaggerate differences between our own groups and outsiders."  She goes on to quote studies showing that "many of our implicit associations about social groups form before we are old enough to consider them rationally... full fledged implicit racial bias emerges by age six - and never retreats."  This may also apply to religious bias.

This brings me again to my ongoing discussions about Muslims, with relatives and friends in India who are highly intelligent, fair minded and decent, even if we've different perspectives.  Some exchanges have been triggered by blog posts and popular forwarded emails I get from them.  They talk about secular politicians pandering to Indian Muslims, the destructive role of Islam and its meager contributions to humanity (measured by Nobel Prizes awarded to Muslims), etc.  Some others in my circle have been privately reacting to my June 27 post "Treating Our Indian Muslims Right".  Three examples below illustrate my disagreements with them:

a) An email doing the rounds glorifies Nathuram Godse, the Hindu assassin of Mahatma Gandhi, reproducing his supposed speech at his trial where he talks of Gandhi working against Hindus and favoring Muslims.  Those who forward it generally preface it with a disclaimer like "I don't agree with what Godse did or all he says, but he does have a point."  I personally am repelled at the killer of Gandhi, a disgrace to their Hindu community, sought to be partially rehabilitated through half rationalizations in this manner.  You'll find this Godse speech and reenactments all over on Google and on YouTube.  In viewer comments, Hindu zealots hailing Godse's murder of Gandhi outnumber those who deplore this by ten to one or worse.  At least this shows that bigotry abounds in all religions, and "pacifist" and "all-embracing" Hinduism isn't different in this aspect.

b) Some of my friends and relatives proclaim that "secular" in India means being "pro-Muslim" and reverse discriminating against Hindus in order to garner Muslim votes en bloc. A friend in his blog uses the phrase "secular fundamentalists" to describe secular politicians. He says that "secular" in their dictionary means being contemptuous of their own (Hindu) religion and being obsessed with that of another minority, the Muslims.  I pointed out that the Muslim vote bank (14.5% of the population) is much smaller than the Hindu vote bank (80% of population) that would be put off by such a bias.  The friend countered that Hindus are too fragmented and turn out in smaller percentages, so wooing Muslims this way still makes sense to these politicians. 

Well, UP is India's most populous state where the Muzaffarnagar Hindu-Muslim riots recently occurred. I see from UP 2012 election results that the winning Samajwadi Party got 34% of the votes, and secular BSP and Congress got 24% and 12% respectively.  In other words the secular parties combined had about 70% of the vote, and given that Muslims comprise 18% of UP's population, the other 52% of their supporters have to be primarily Hindus. You'd hardly expect such support from Hindus for a party that discriminated against them. In any case it's much easier to cast lots with a dominant majority and stronger side.  While corruption, inefficiency and infighting may justifiably sink them, we should at least credit secular parties with  fair-mindedness and courage for trying to level the field for minorities.

c) An otherwise saintly elder relative in India echoed a sentiment in our circle when he said, "If you see Muslims on TV they are so aggressive (while seeking rights and denouncing oppression).  Can Hindus raise their voice in Pakistan and other Muslim countries?"  I on the contrary expect Muslims to freely express their justified indignation at being targeted in riots on account of their religion.  Moreover, I'd hate to see Muslims in India treated the way less tolerant countries treat their minorities, including Hindus.  That's what makes India's secularism and inclusiveness so much better than the ethos in those other countries.

Of course, being "truly" fair and balanced should be just one of the major factors for voters everywhere, including Indians.  Given the widespread corruption, stifling bureaucracy and ineptness that permeates the present Congress government in India, I'd agree with its detractors that it should be replaced.  The clear frontrunner to lead a new Indian government is Narendra Modi of the BJP, the Hindu-centric opposition party.  Modi has developed a solid record and reputation as an able and incorruptible administrator as Chief Minister of Gujarat State which has made remarkable progress in his 12 year tenure. Widespread accusations of his involvement in the deadly 2002 anti-Muslim riots have never been proved and he has protested his innocence and made numerous overtures and reassurances to Muslims recently.  So I'd give him the benefit of the doubt and cautiously favor his election, especially if other alternatives like the well regarded Nitish Kumar of Bihar are not nationally viable. But unlike Modi's BJP supporters, my choice would be based purely on economic and administrative grounds, and in spite of, not because of his RSS / Hindutva roots.








 

Affirmative Action In Miss America Contest

I have mixed reactions to Nina Davuluri becoming Miss America on Sep. 15.  While someone of Indian origin has won, my first thought on seeing the news footage was "Really? Is this the best that USA (or the Indian community for that matter) can offer?"  I wonder what proportion of Americans and Indians feel this way.  A poll on this would be interesting. In each of the Indian marriages I've recently attended in India and the US there were some female guests I'd regard as having a better presence than Nina.

It looks like the contest has evolved away from what I expect.  Given that it's highly visual, I thought having stunning looks that would turn heads should be table stakes for all contestants.  That means scoring close to a 10 when men rate them in appearance on a 1 to 10 scale for, say, whom they'd like stranded with them on an island.  Sure, the winner should have a lot more - charm, poise, intelligence, talent, etc. But these attributes should complement, not substitute for physical oomph.   I'd score Nina as a 7, may be even an 8, but that still falls short.  We're talking of Miss Totally Outstanding here, not Miss Quite Above Average. 

Beauty of course lies in the eye of the beholder.  You'd then want judges whose choices reflect mass appeal but that isn't happening here.  It may be overly politically correct judges who want to signal some social message with their decision.  That's unfortunate and the reason I have long stopped watching these pageants, national or international.  Fair judging should pick winners regardless of their ethnicity, color or creed, not because of it in a misplaced push to deliberately inject diversity.  By all means choose a Chinese American as Miss America in the next year or two, but only if judges truly assess her to be the best, and not driven by any inclination to represent this group.  And do give those poor statuesque, blond and blue eyed girls a chance even if they don't have any serious disability.

This system can be corrected to reflect mainstream sentiment by replacing the celebrity judges with a large representative group of men who vote by secret ballot. And for the Q&A please, no questions on charged political and socially divisive issues like an attack on Syria or gay marriage where the listeners' prejudices can color how they evaluate answers.  Well, they regrettably did have these types of questions in Miss America for the top five finalists and four of them got through with (about equally) good answers.

What about other parts of the contest?  Nina's Bollywood fusion dance item in the talent show was impressive but I didn't find it exceptional.  I've seen similar standards of performance by non-professionals and semi-professionals at larger Indian festivals.  The ballet number by Miss California and River Dance by "our" Miss Connecticut look at least as good to me.  And Miss Kansas who got the most online votes and wasn't allowed under the rules to display her marksmanship and archery prowess did a good job in her second choice of singing.

Other than reactions in the media, Twitter or blogosphere are there ways to assess if pageant winners are well chosen?  I can think of a hypothetical measure as well as a one based on subsequent history as under:

• The contest winner should pass a "stand out" test.  That is, if you placed her among a fairly large group of randomly chosen American girls of similar age, onlookers who are told Miss America is among them should be easily able to pick her out.  Most shouldn't be going "Where? Where?" or guess it's someone else as I think would happen with Nina.  Though to be fair to her many of her fellow contestants could also have been lost in a crowd.  This can be due to the criteria of evaluation being skewed so much away from looks at all levels of competition - local, state, national and even international.  That's why there can be similar surprises and unexpected outcomes even in the Miss Universe and Miss World contests.

• The test of history - what these winners achieve down the line.  By this measure the likes of Vanessa Williams (first African American crowned Miss America 1984), Gretchen Carlson (Miss America 1989), Aishwarya Rai (Miss World 1994), Sushmita Sen (Miss Universe 1994), Priyanka Chopra (Miss World 2000), Lara Dutta (Miss Universe 2002) were great choices. So were also-rans Diane Sawyer, Michelle Pfeiffer, Sharon Stone, Halle Berry and yes, Oprah Winfrey. 

So on the positive side if Nina has notable achievements hereafter, even if it takes decades, I'll eat my words and apologize for any mean things I've said.  And regardless of anything else I'm happy for her and congratulate her - she parlayed all she had to win beyond most Americans' (and my) expectations. 

And while I carp about this de facto affirmative action permeating various aspects of our life it at least speaks to the amazing open mindedness of Americans.  I've been struck by the wide acceptance and appreciation of other cultures by most of them, and the Miss America 2014 results reflect this.



 

Treating Our Indian Muslims Right

I've received an email from a friend implying India should emulate Japan when it comes to keeping Islam in check and the Muslims at a distance.  The email includes a lot of the claims about Japan and the Muslims mentioned in this supposedly Muslim hating website "BNI" that instead refutes them. 

I'd instead like to see our Hindu majority to go out of its way to reassure Indian Muslims that they are a welcome and valuable part of the fabric of our society. This will strengthen our secular values and further distance our Muslim community from extremist elements.  I admired and appreciated Prime Minister A.B. Vajpayee's sponsoring in 2002 of prominent scientist Dr. Abdul Kalam (a Muslim) to be President of India.  This significantly reshaped my perceptions about Mr. Vajpayee's BJP party which has Hindu-centric origins and affiliations. 

Our Muslim community braces for silent suspicion and hostility towards them whenever there's a terrorist act in India by Muslim extremists.  This is in spite of most Muslims having no links or sympathies with such radicals.  Ideally, after any such incident our Hindu leaders and community figures should rush to declare that we know our Muslim community condemns these acts as much as anyone else.  And our leaders should follow through by exhorting their followers to make Muslims living among them feel as safe as possible.  Thomas Friedman in his Times columns speaks glowingly of Indian tolerance and minorities largely thriving and safe in our society, and we should remain committed to this ideal.

Then there are my personal experiences.  When I visit Mumbai in India I often happen to use cabs driven by Muslim drivers.  Mumbai residents are often compared to New Yorkers in their disinterested demeanor as both belong to large bustling cities and tend to mind their own business.  I'm sometimes surprised at how these supposedly impersonal Mumbai drivers warm up and become almost sentimental if I (who they think is Hindu) talk to them amiably and respectfully after knowing that they're Muslim. 

In Pune in 2008 we hired attendants for my in-laws (Daddy and Mummy) who were both hospitalized.  It didn't even register with me that one of them named Shabana was a Muslim until another of them referred to her as "woh Musulman" ("that Muslim" in slightly derogatory terms.)  When Daddy and Mummy left the hospital, on advice from our family and friends we asked if they were comfortable having a Muslim like Shabana working for them at home (along with three others who were Hindu).  They said yes.  Shabana turned out to be the most caring and kindest to Mummy, who passed away in Dec. 2010.  After we had to terminate her service Shabana came to visit Daddy three times in the next two years just out of fondness and concern. 

Daddy's favorite doctor in his neighborhood was the reputed Dr. Inamdar, a deeply religious Muslim, who has a very busy practice and sees over a hundred patients a day. He had no time for house calls but made an exception when I appealed to his sentiments and informed that Daddy and Mummy were in no condition to leave home.  From 2008 till they both passed away (Daddy in May 2013) Dr. Inamdar regularly and devotedly attended to them at home.  He would tell me how he was impelled in part by the respect and affection that Daddy and the rest of us accorded to him.

From time to time I get forwarded emails from friends and family in India faulting some political parties for pampering and pandering to Muslims.  Other emails are more vehement about Muslim teachings and customs that make this populace as a whole untrustworthy or prone to militancy. I'd urge more understanding, and regard a more relevant distinction to be between the zealots and bigots who make trouble, and the moderates in any religion.  Hindus comprise over 80% of India's population with Muslims at about 13.5%.  A little magnanimity on the part of our Hindu majority will counter some inevitable feelings of insecurity among our Muslim community and considerably help in their regarding themselves as Indians first.
 

Playing Rajat Gupta

 I've followed developments and written earlier about Rajat Gupta in March 2011,  in May 2012, and in July 2012.  The essence of my views has been:
a) Rajat's alleged insider tip-offs are out of character with the person I had come to know.
b) His heavy contributions to society and humanity far outweigh his alleged transgressions.
c) His insider leaks if true also pale in comparison to the misdeeds of typical hedge fund managers and other Wall Street players who are never caught or whose dishonest acts aren't technically crimes.
d) Even if he revealed secrets they could have been pried or deduced through wily questions by Rajaratnam.  Our Indian culture and ethos can make it seem impolite and difficult to completely clam up when a friend asks a direct question about a confidential matter.

 More light has been shed on the last point in a May 17 article in the New York Times that has pieced together the story of how he was manipulated by hedge fund titan (and crook) Rajaratnam.  This piece is well researched and dispassionate, providing insights into how Rajat could have landed in the mess that he's in.
Even the trial Judge Rakoff at the time of sentencing acknowledged that Rajat is "undoubtedly a good man".  In an interview (Fortune, Jan 24, '13) he stated without going into the specifics that he takes a defendants good deeds into account in his judgements.

[An aside: Though I think highly of judge Rakoff a point where I'd take issue with him as a financial purist is in his characterizing Rajat's tip-offs as “the functional equivalent of stabbing Goldman in the back.”  Actually, insider "buy" trades do not damage the firm whose shares are traded.  They instead discriminate against outside prospective buyers who are preceded by the inside trader and lose some of the fair chance to be "lucky" before share prices rise.  Of course that still makes insider trading wrong and it is rightly outlawed as it affects the integrity of the markets.]

Rajat continues to maintain he's not guilty as he appeals his conviction and sentencing, and  I continue to root for him.  Back to the Times article it speculates that an unfortunate Rajat was played by a "boorish" Rajaratnam and it reads somewhat like a Shakespearean tragedy.  As the future unfolds I'd like Rajat to have a happier ending.

Aftermath Of Two More Shootings

In my last post I mentioned the July 27 mass shooting in an Aurora, CO movie theater as the latest example of the toll taken by lax US gun laws.  Since then there have been two more shootings that grabbed headlines with thankfully decreasing number of casualties.  Amidst these tragedies I'll talk for a change about some positive aspects, including those that touched us personally.

The Aug. 5 shooting by a white supremacist that claimed 6 Sikh lives in their Milwaukee temple also brought out the good and noble aspects of life and social values in America.  Over 40 people are murdered on average in the US every day, yet the media gave this wide, sympathetic and extended coverage because the crime targeted a specific minority community.   Politicians and leaders of all stripes including Republican VP candidate Paul Ryan and First Lady Michele Obama made it a point to personally visit and console the afflicted community.  President Obama even ordered flags to be flown at half mast to mourn the victims.

Despite some obvious and recurrent cracks in ethnic and religious harmony in India I've been proud of the general secular traditions and systems in the country of my birth.  After coming to the US I've seen that the overall acceptance, tolerance and politeness towards minorities here is of an even higher order.  Some of my Indian friends and relatives perceive racism and profiling that I mentioned on Aug. 10, 2009, a little of which is inevitable since everyone can't be perfect.  Still, it's probably less in the US than anywhere else in the world, and largely offset by sustained outreach to minorities.

After the Sikh temple shootings I got emails of concern and support from half a dozen friends in the US and Canada who know I'm from this community though my wife is Hindu.  While all these friends happened to be Asian (a Chinese and the rest Hindus, one of whom is married to a remarkable Muslim woman) I believe their decades of living here have infused them with additional sensitivity.  Most asked if our family was okay and hoped that we hadn't lost anyone close to us.  Logically speaking they shouldn't have worried.  I know about a couple of hundred Sikhs in the US among the estimated 200,000 to 500,000 living here so the chance of my knowing any of the victims is 1 in 200.  Still, it's their thoughts and sentiments that count.

The other and latest shooting on Aug. 24 outside the Empire State Building involved a single murder followed by police firing in which the gunman was killed and nine bystanders injured.  It was big news mainly because it took place near a national landmark in broad daylight in Manhattan. 

Our daughter Rubina works about a mile away at the Wall Street Journal and has recently taken up a new assignment dealing with social media.  Last Friday she too was sucked into the rapid fact gathering and dissemination as the news broke.  She was also interviewed on camera for the first time to give an insider's perspective of how information is gathered, verified and shared using the new tools of social media.  In a fast paced day she had an hour to prepare before her debut appearance.  She can be seen in this 5 minute clip, and did a good job. 
 

More On Rajat Before The Trial

To me, ideal justice should reward or punish a person in proportion to the net of all the good and bad deeds done over a lifetime.  In this "Judgement Day" sense society is enormously indebted to Rajat Gupta about whom I last wrote in March 2011.  The world is a better place because of his work at McKinsey and after, including with the Gates Foundation, the American India Foundation, and in his helping set up ISB, the best business school in India.  And this is in addition to his grace, generosity and goodwill towards those who came into personal contact with him.

Rajat allegedly leaked board meeting information that led to insider trading gains of up to a few million dollars cumulatively to his friend Rajaratnam, though none to Rajat personally.  Even if true this sum is dwarfed by Rajat's services to humanity that (if you can put a monetary value on them) are worth billions - or tens of billions - of dollars. 

Of course, our man made system of justice is of necessity a lot more limited, with no offsetting credits for unrelated acts. Even Mother Teresa would have been prosecuted if she had committed a robbery.  For proven offenses penalties are at most mitigated when the judge at the time of sentencing considers a defendant's good deeds.  All I'm saying is that I continue wishing the best for Rajat, and regardless of the outcome of his trial starting on May 21 he remains in my books an admirable and thoroughly decent human being.

Others who have interacted closely with Rajat seem to feel the same way.  FriendsofRajat.com is a website established by friend and former McKinsey colleague Atul Kanaghat where folks of varying prominence have rallied to support Rajat. It contains several fervent testimonials and positive accounts from those who know him well.  Many people who are eager to cultivate relationships with celebrities abandon them just as quickly when they come under a cloud. Rajat in contrast having steadfast friends speaks well of both.

And then as his friends maintain, the allegations against Rajat may simply be untrue.  They are out of character with the person I know.  Rajat's defense team is expected to stress that (a) there is no direct evidence of Rajat's wrongdoing, (b) the timing of his calls to Rajaratnam does not mean that he leaked confidential information since he had many other matters to discuss, and (c) Rajat had just lost his entire $10M investment in Rajaratnam's funds which had strained their relationship so he'd hardly want to go out of his way to help Rajaratnam.

There are other developments.  AP reported on April 19 that prosecutors acknowledged Goldman employee(s) (not Rajat) also fed Rajaratnam inside information.  A May 3 article in the WSJ also described how Goldman's stock had been rising for several minutes even before Rajat called Rajaratnam and the latter made his "inside" trade, meaning that someone else had already leaked this information.  

Prof. Jagdish Bhagwati with whom I've co-written health care articles also has a sympathetic perspective as reported in the media about an Indian propensity to over-share that could cause problems. He said:

“You go to a meeting and you hear something which technically could be considered insider information and you go to your friend and you say ‘Arrey you know what happened?’  And he doesn’t realize - and that is Rajat’s bad judgment - that this guy is a crook. I think this is what may have happened. It is the product of Indian culture...  I think most people will see Rajat as somewhat of a victim. The fact that he has been doing a lot of good things for India and the Indian American community is going to stand in his favor. There will be cynicism among some people, but the vast majority will see him as a good man, who got caught on the wrong side of the street.”

Knowing what I do about Rajat and wanting to see justice served in a more holistic sense, I hope he gets through his crisis and regains universal acclaim for his achievements and innate decency.

India's Anti-Terrorism Medicine Is Worse Than The Disease

It looks like terrorists merely have to start disrupting life for Indians and the authorities will finish the job for them. The damage done by them is too often magnified by the official response. I see more of this in my present visit to India and have been greeted with these instances since arriving here a few days back:

• My Indian prepaid cell phone didn't work. My service had been blocked because my carrier is required to re-verify and obtain documentation of proof of address and identity plus a new picture of the owner after a while (6 months? A year? Two years? The frequency isn't clear.)  

• Visitors from abroad simply cannot get cell phones in their name even if they have valid documents and proof of identity.  All carriers "officially" advised me to get it in the name of a local resident (I chose an uncle). The alternative is to pay international roaming fees that cost 50 to 100 times as much as an India based phone.  As if paying an extra few hundred dollars will deter actual terrorists.  The Nov. 26, 2008 Mumbai attackers used satellite phones anyway, and none of the steps taken prevents this.

• I went to draw some rupees from my bank account with paltry balances only to find my bank account was on hold pending submission of documents. The bank folks explained this was required under a new KYC (Know Your Customer) policy thrust upon them by the Reserve Bank of India.  And never mind I'd gone through this routine 11 months back with two branches - some fresh guidelines required me to produce copies of papers submitted two decades ago at the time of opening of the account. Plus, this process of "re-verification" is to be repeated every two years.

• This "KYC" ordeal is for all bank account holders, not just foreigners.  My 92 year old father-in-law in Pune suffered a protracted back and forth, having to produce fresh documents for his bank accounts that were opened and in regular use for over 30 years.  And Anita's 83 year old uncle is being pressed for "official" documentary evidence to prove his marriage to his wife of 50+ years to avoid a freeze of his decades old and continuously used joint account with her.  Most Indians don't obtain marriage licenses, at least didn't in the past. 

• A close friend in IBM (of Indian origin, now a US citizen) traveled to India on work, then left to attend a meeting in Malaysia.  He then had problems re-entering India because of the new policy barring re-entry of Indian visa holders within 60 days of leaving the country. The then Indian Foreign Minister of State Shashi Tharoor had rightly derided this policy by his own ministry through his much publicized tweet "26/11 killers had no visas."

Such new restrictions are ostensibly to curb and prevent terrorists from funding their activities and carrying out attacks on Indian soil.  But as Tharoor pointed out (much to the annoyance of his seniors, the Foreign and the Home Ministers) they'd hardly deter actual extremists while adding to the bureaucratic hell faced by ordinary Indians and foreign visitors.

Why does this happen?  Having been in the Indian government for over a decade I know how this can be as much a result of ulterior power grabbing as of bone-headed decision making.  In a milieu of widespread restrictions officials can relish their discretion to interpret, enforce or to relax burdensome rules. They can use their power to help those around them in exchange for gratitude or gratification, and become more relevant than in a freer, more smoothly functioning environment. Of course the problem can also be created or compounded by a bumbling administration that's under pressure to show that "strong" steps are being taken in response to militant attacks.

The trauma of the terrorist attacks probably prompted the leadership to seek the advice of its security apparatus for preventive measures.  The latter apparently didn't let this crisis go to waste, using it as an excuse to reintroduce "inspector raj" type controls that had been drastically loosened during Indian economic and administrative reforms of the 1990s.

I hope that smarter and more enlightened people at the top are aware of this dynamic and reverse such trends.  A tragic loss of a few hundred innocents at the hands of fanatics shouldn't bring on these strangely drastic yet ineffective measures that gum up the lives of a billion.

On Anna, Manmohan and Sonia

I rarely talk about Indian politics because (a) I'm not close enough to them, and (b) with their complexity it can become a never-ending discussion (even more so than in the US.)  But I was drawn into some exchanges recently.

It started out simply enough with college pal "OK" posting a simple query on my Facebook wall about Sonia Gandhi coming to the US for medical treatment.  Why not get treated in India, "OK" asked, if the hospitals there are so good as to attract Western medical travellers?

My response to him was picked up on by some other of my high school and college friends and devolved into a semi-serious back and forth of riffs and political jabs.  Most comments were not too sympathetic to Sonia and her circle, and seem interesting enough to share below:

The Hindu : News / National : Sonia undergoes successful surgery www.thehindu.com

Congress president Sonia Gandhi was on Friday recovering in the Intensive Care Unit (ICU) of a US hospital where she underwent successful surgery for an undisclosed ailment.

Me: I'd guess on two good reasons (for coming to the US), (a) for cancer or non-standard treatment where the top US institutions like Sloan Kettering are the best, and/or (b) to maintain privacy/secrecy. 
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OK: I suppose (b) is impossible in India!
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IB: So she has cancer?

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PD: How can she have cancer when she is the cancer?
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SS:  From attending functions in Bangladesh to sudden serious ailment to US to surgery to recovery.... rubbish, say many. It was a sudden dash to the US to salvage .... before Jan Lokpal became a reality. If anyone is really so ill as to have to dash off to a foreign country for emergency operation, the only son and the only daughter will not be smiling half way thru India, attending public / political functions, rallies etc.., In Any normal family, the kids will definitely like to be by the mother's side, not on the other side of the globe. POINT TO PONDER...
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Me: You guys are so rough on this fine lady... :-)
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PD: The fine lady is so rough on us. 
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IB: Sandip define "fine"? it has many meanings.
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OK: Yes. Did Sandip mean meter-maid? 
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Me:  Good jabs there. My poor Sonia. Quoting Shakespeare, "You blocks, you stones, you cruel men of Rome" - I mean India. :-)
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SS: Not on "SCHINDLER'S LIST", but on "SWINDLERS LIST".... how can you sympathize with such types, Sandip? Besides, anyone "fine" would be a total misfit for politics. The person has to be all and anything but "fine". If you mean a "fine scourge and all and everything unprintable", for most politicians, that would be more apt. Agree or disagree? 
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Me:  Disagree. :-) I haven't seen evidence of her own personal dishonesty. Indians have been voting for splinter groups and regional parties so Manmohan and Sonia types are perhaps forced to form questionable alliances and are too weak to control corruption. In this milieu I doubt their opponents are, or can do better. That said, I'm admittedly quite removed from Indian politics. :-) 
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IB: Sandip, you quoted: "You blocks, you stones, you cruel men of Rome" -- but from what I remember it went like: "You blocks, you stones, you worse than senseless things"---
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OK:  IB, I noticed that too but I let it pass as Sandip speaks from the heart not from memory! :) Or perhaps he did not want to call us "worse than senseless things", being our kind friend? It's not that we love Sonia less...
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And so it went, showing I've erudite friends and most aren't fans of the Gandhi dynasty or current leadership under Prime Minister Manmohan Singh.  

I also get many emails forwarded by friends in rapturous praise of Anna Hazare, the 74 year old social-political activist that his admirers liken to Mahatma Gandhi.  Anna has gone on fasts unto death to demand that a super authority (Lokpal) be set up in India that can investigate for corruption and remove anyone in public office that it finds guilty including the Prime Minister and judges of the Indian Supreme Court.  

When I call my father-in-law in Pune he marvels at Anna's immense popularity and asks what I think of him and how the Indian government should respond. I half jokingly suggest that the government should let him starve himself to death so they can move on to more substantive issues.  

To my mind rampant corruption in India is not for want of more legal institutions or of more checks and balances.  We may already have too many that gum up the process of decision making.  The problem is that all of these may be corrupt and require pay-offs.  So having one more like a Lokpal with oversight of India's highest elected offices and consequent ability to blackmail such leadership may add to India's problems instead of solving them. 
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Bose, one of my gym buddies who recently returned from a trip to India talked of the vast "new money", the related corruption in politics as well as the huge Anna Hazare following he witnessed at first hand.  On his perceptions about Anna's core supporters he drily remarked that they're probably seeking power to get their turn at the money till.
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As I said in my Facebook exchange, India's problems appear to be compounded by its narrowly focused and ill informed voters failing to elect and give strong majorities to good leaders of national stature.  Such voters are swayed more by parochial and caste considerations that lead to fragmented parties and shaky alliances with elected representatives looking for quick payoffs in exchange for their support.  
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The solution may lie in an electorate exercising better judgement and a resurgence of nationalistic parties.  Or India may be better suited to a different democratic system like a directly elected US style President (only stronger, though chances of this happening are almost nil and we're seeing its downsides in the US gridlock, too.)  But an appointed Lokpal who can remove the elected Prime Minister and judges of India's top court as the Hazare folks demand hardly seems to be the answer.

Union Bashing - Good Or Bad?

How do I perceive unions, particularly public employee unions?

My childhood memories are of the already slow and congested life in Calcutta (now Kolkata) coming to a halt during general strikes called "bandhs" that occurred all too often.  On the good days workers would take time off after their lunch break to stage demonstrations in support of "worker rights" that meant more pay, less work, and more additions to already bloated payrolls.

We then moved to the scenic hill station of Darjeeling (of tea fame) with little union activity where I spent my middle and high school years.  But union activity and strikes were much in fashion when I entered college at the University of Delhi.  Most colleges in our 110,000 strong University used to be closed for a couple of weeks a year due to strikes by students and non-teaching staff (called "karamcharies".)

The University karamcharies earned about 50% more than their counterparts in the private sector.  Our college education was publicly funded and nearly free and few of us were aware of what exactly were the demands of the striking students.  To most it seemed a way to avoid classes and inject a little excitement by clashing with authorities.  Our own St. Stephen's College with 1000+ students was one of the very few (of the nearly 100 colleges and departments comprising the University) that refused to take part in any strikes.  So police would be posted outside our gates to guard against trouble by outside strikers who resented our non-involvement.

Years later after joining the IAS I was on the other side, with my fair share of handling public union negotiations, agitations and strikes.  One of my later stints was as Municipal Commissioner (city manager) of Shimla city that had one of the most militant public unions.  They would strike or disrupt services about twice a year in spite of the Essential Services Maintenance Act (ESMA) that made these jail-able offenses.  That's because ESMA was never invoked, or action under it was rapidly withdrawn as a precondition for any settlement.  Of our 1100 employees, we had over 600 sanitation workers as part of previous concessions to the union though we needed no more than 400.  Their pay and benefits were double of those in the private sector.

Early in my Shimla MC tenure the union went on strike and their staff threw buckets of human feces in my office in appreciation of my engaging temporary replacements to keep the city going.  It took me and my team almost a year to draw up contingency plans and train home guards to distribute water and run other facilities in case of future stoppages.  In a subsequent strike, I used these preparations to maintain services, deployed armed police to guard our strategic installations against sabotage and invoked ESMA to penalize strikers and restore normalcy. It was the first time this had happened in the (then) 120 year history of Shimla, and put a stop to labor troubles for the next three years.

 By then I had come to the "capitalist" US and expected things to be very different here, but there are commonalities.  Political leaders here also tend to make deals with public unions to smooth their own tenure even while giving away long term benefits that devastate budgets down the road.  Then there are the illegal strikes disrupting essential services that are barred by US laws (also all too often failed to be invoked by the authorities).  For example the New York transit strike of 2005 disrupted life for millions and violated the Taylor Law (similar to ESMA) but the violators received a mere slap on the wrist.  Then there are the airline pilots unions who get around strike bans by staging mass sick-outs.  Employees avoiding duty by falsely claiming to be sick can be fired, and the management can easily require medical testing by an independent board in such circumstances, yet this abuse is taken in stride.

Even in the broader philosophical context one can question the value and social contributions of unions.  Collective bargaining had a big and useful role to play in the old days when a few large and powerful employers could collude to keep wages and benefits artificially low.  Or when a race to the bottom (in costs) could cause unsafe conditions or extreme hardship in the absence of public safety laws.

But most or all of this is now inapplicable since mechanisms are in place for protecting workers through anti-trust laws, OSHA, the Minimum Wage Act and the like.  It is these laws that ensured a five day work week, stopped child labor and promoted worker safety much more than the unions, contrary to claims by film maker Michael Moore on Stephen Colbert on his March 29 show, or by union leader Richard Trumka in a WSJ Op-Ed on March 4.

Almost by definition so long as there is no employer collusion or monopoly, union activity is an attempt to secure wages and benefits over and above the free market level.  In the latter the workers are free to go (or be wooed away) to where they get the best compensation for their services, according to their perceived worth.  Instead, collective bargaining can look a lot like collective blackmail, as when workers at the GM plant making engine transmissions threaten or go on strike bringing most production to a halt.  No wonder US manufacturers want to diversify production globally to make them less vulnerable, and it's not just to go to where labor costs are lowest. 

So yes, I'm not a fan of unions nor view them as net contributors to public welfare, as their raising of US labor costs has contributed at least partially to the current level of unemployment.  There are some pro-union laws and practices that beg for change.  For example, see how the National Labor Relations Board (NLRB) is trying to force Boeing to locate its Dreamliner assembly plant in heavily unionized Washington State, instead of in South Carolina.  In 2008 Boeing workers in Washington went on a 58 day strike that cost Boeing $1.8 billion.  So Boeing management understandably wanted to instal new plants in less unionized and more business friendly locations.  The NLRB interpreted this as illegal retaliation against union activity.  The WSJ in its April 21 Opinion pages rightly deplores NLRB's sandbagging of Boeing and calls for a change in such a system.

And what of Republican efforts to restrict bargaining by public unions on matters other than their salaries, or do away with compulsory contributions by workers to their union funds?  In principle I find little wrong with that.  We already know that politicians are not mindful of future liabilities that their concessions to unions can impose on future administrations.  That's a big reason why our states and local governments are in budgetary crises.  As far as union contributions go, why should workers be forced to contribute if they don't want to?  That's the situation in the "right to work" states in the South that employers find more attractive, and such forced contributions did not commonly exist even in more socialist countries like India.

On the other hand I'm perfectly fine with the unions launching concerted drives to mobilize public opinion against Republican union busters, and trying to recall elected representatives as they are doing in Wisconsin.  Besides, Governor Scott Walker and his fellow Republicans in Wisconsin have been quite weaselly in their actions.  For instance, they have specifically exempted police and firefighter unions from the new restrictions, apparently because these union members traditionally lean Republican.  These uniformed personnel that are vital to maintaining security and safety should be specifically barred from union activity, as they are, even in India, let alone favored with special exemptions.

Indiana and Ohio states under Republican leadership have also moved to curb the scope of collective bargaining by public employees.  But they have sought a more uniform implementation without picking any favorites, so their actions are fairer and a better blueprint for change than those of Walker & Co. in Wisconsin.

Much Ado About My Junk

The "Don't Touch My Junk" guy became a kind of folk hero last November, something like an unstable and rude flight attendant at Jet Blue did a few months earlier.

We've people objecting to new airport search procedures and pat downs, even as the TSA is scrambling for innovations to safeguard privacy.  I had talked about over-sensitivity to profiling in my August 10, 2009 post as well.  Two weeks ago Jesse Ventura sued the TSA over his pat-downs.  The comments below that report overwhelming support Ventura and cheer him on.  While two-thirds of Americans support full body scans it is still disturbing that a third don't, and that half object to enhanced pat downs.

Terrorism and crime are serious threats, and Americans should decide if they want to focus on safety or be distracted by trivia.  What about concerns about invasion of privacy?  To me none of these measures are particularly intrusive, especially if the operations are performed by someone of the same gender.  We have our sports and gym locker rooms where we walk around naked in full view of others, that's a lot more "revealing" than these airport searches.

Perhaps it's cultural, but I never even gave a second thought to these pat downs that have occurred for a long time in India at airports and now at the Delhi Metro stations, and even some malls and hotels.  In fact I'm thankful that they do this quickly and keep us safe.

It took me a lot longer to get used to the aforesaid locker rooms when I first came to the US.  As well as the "open" stalls in public restrooms where the WCs are enclosed only with half panels so you can see a lot of the lower extremities of the users and fully hear them.  That's not the case in public toilets I've seen in Asia or even in Europe.

So I suppose perceptions vary and things are relative.  I imagine myself regarding  Americans objecting to such "unreasonable" searches almost the way these people would think of Middle Eastern women being made to dress in head to toe burqas.

Rubina Weds Shaun

Last month on Sunday, October 17, Rubina and Shaun were married in Middletown, CT preceded by small, intimate gatherings of the immediate family, the bridal party and some out of town guests on earlier days.  Sheena was the maid of honor and Shaun's sister Shannon was another of the bridesmaids. The wedding and celebrations which were largely planned by Shaun and Rubina went very well.  


Here was something interesting.  Our first preference for the wedding was for a Saturday, but with the Saturdays booked in the venue of our choice we had settled on a Sunday.  It turned out for the best.  After the cold and rain on Friday and a chilly Saturday, the weather improved dramatically and the sun came out to make for a great wedding day.

Rubina and Shaun in their wedding planning did an excellent job of fusing American and Indian traditions.  For example, they combined the Indian / Hindu rituals of circling a sacred fire seven times (with an explanation of its significance in English) with more typical American ceremonies and reciting of vows.  They also wisely kept focus on the primary objective of everyone attending having a good time, rather than getting the proceedings just right.  That all the ceremonies went off smoothly and well was icing on the cake.

One major difference between typical Indian weddings back home and ones in the US is in the size and composition of the guest list.  In India the invitee list is much larger and includes people who are close to the parents, even if they don't know the bridal couple too well.  But in the US as in our case those invited and attending with few exceptions were close to the couple, with the invitations going out from them rather than from the parents.  This distinction can probably help non-Americans understand why the Obama's were not invited to Chelsea Clinton's wedding.

We as Rubina's parents are happy that Rubina and Shaun are so right for each other.  Shaun is a wonderful, caring person with a warm and close knit family that Rubina (and we) immensely enjoy being around.

The couple went for a short but enjoyable honeymoon to New Orleans as they had to return to attend another wedding in Shaun's family the following week.  They're settling down well since, and plan to go on a second phase of their honeymoon trip next year.

Here are some bridal party pictures of the mehndi (henna hand painting) celebration on October 15 and the wedding on October 17.

The Silver Lining - Rising Above It All

A lot of Anita's folks including my parents-in-law live in Mumbai and Pune, so I pay special attention to developments there.

Two recent adverse events were the Shiv Sena agitation against popular Bollywood actor Shah Rukh Khan ("SRK") in Mumbai, and the German Bakery blast in Pune. These are of course vastly different in terms of severity and criminality. But the reaction they evoked (or lack of it) speaks well for Indians, who will hopefully keep this up.

SRK was right in criticizing the snub of Pakistani cricketers by the Indian Premier League, an antithesis of "ping pong diplomacy" where sports help improve country relations. In response the Shiv Sena which is seldom (if ever) up to any good tried to damage SRK by disrupting the screening of his latest film "My Name is Khan." They announced a "boycott", intimidated movie halls,tore off posters and threatened violence.

But the movie has done very well in Mumbai where it played to packed houses, and in the rest of the country. This notwithstanding its serious theme and lack of box office "masala" that typically lures the masses. Deliberate or not, it also carries a message, sensitizing viewers to some Muslim sentiments which should strengthen communal amity. While the major source of this movie's revenues is domestic, it has broken records in the Middle East and other Islamic markets, as well as in the rest of the world.

In contrast to the Shiv Sena's antics against SRK that are merely a nuisance, the German Bakery blast in Pune was an act of malicious terrorism claiming 17 innocent lives and injuring over 50 others. A little over a year ago I visited this place every other day for almost a month while Anita's parents were in Inlaks Hospital a few hundred yards away.

The victims couldn't have been further removed from any jihadist angst. The patrons of this modest eatery were typically carefree young people or foreigners of limited means seeking peace and solace in the nearby Osho Ashram. Like in the Mumbai Nov. 26, '08 carnage, what would have really played into the terrorists' hands would have been a backlash against India's Muslim community. The main purpose of these acts seems to be to disrupt the India-Pakistan renewed talks as well as to create a communal divide in India.

That has not happened, and the credit for that goes to Hindus and Muslims of India alike. This has also elicited praise in the Western media (like from Tom Friedman after the 2008 Mumbai attacks.) There's no guarantee for the future but every successive instance of collective restraint and a mature response to provocations augurs well for this country's greatness.

Of course it has not always been like this. After the 2002 Godhra violence and communal riots in Gujarat (with alleged state government lapses) the good times started in the time of Prime Minister Vajpayee. Though he headed a nationalistic and supposedly pro-Hindu government, he helped select the widely respected Muslim scientist Abdul Kalam as President of India.

Despite the inevitable hiccups and dissent, further developments have strengthened the climate of inclusiveness and tolerance. In his now famous November 2009 speech, Shashi Tharoor describes the 2004 appointment of Dr. Manmohan Singh to prime minister. Here was a Sikh chosen to lead a predominantly Hindu India, sworn in by a Muslim President, and all this made possible by an Italian woman Sonia Gandhi who headed the largest Indian political party. What could be more eloquent testimony than this?

Changing Our Criminal Justice System

I am unhappy with several aspects of our US criminal justice. But I'm on the left or the right depending on the practice in question. Broadly speaking, I'm with the left when it comes to presumption of innocence and treating those not yet convicted of crimes with dignity. And I'm with the right for more powers for investigating crimes, treatment of convicted offenders and lowering the taxpayer tab on prison inmates.

This is where I'd want a more liberal shift:

• Avoid handcuffing non-violent suspects before they obtain bail. Why did Martha Stewart, Michael Jackson, or the two Bear Stearns fund managers have to be handcuffed and confined before appearing in court when (a) they seem highly unlikely to pose physical danger to the arresting officers, and (b) had ample advance notice of impending charges, so they could be allowed to do something about it? Being handcuffed would be very humiliating and an affront to our dignity for most of us - something that can't be undone even if we're subsequently cleared. Since 1980 the Indian Supreme Court has barred handcuffing of suspects who are not likely to be violent or dangerous. There is also a clear provision for anyone to approach the court and seek anticipatory bail to avoid needless humiliation and inconvenience. If a developing country like India can have these safeguards, why not the US?
• Have much stricter gun control. What age are we living in? The 2nd Amendment giving the right to bear arms is an anachronism, though this will be hard to repeal because of entrenched beliefs. It's almost inconceivable for someone coming from India (and I'm sure most developed countries) to see how easily any punk in the US can acquire a firearm. Even assault weapons can be bought, with the NRA and the loony gun-toting fringe vigorously defending this right in the name of self-protection. And there should be strict background checks and stringent penalties for disqualified applicants possessing illegal firearms. Thanks to guns the US has a much higher homicide rate than other first world countries. With shootings at Columbine, Virginia Tech, Washington Beltway sniping, "going postal" and other workplace violence, perhaps the average American is now ready for more Europe style arms restrictions.
• Freely let DNA evidence and new techniques be used to revisit old cases of conviction to reassess guilt. Some of these convictions have been successfully challenged, DNA tests allowed and convictions reversed. But we know how jury verdicts can be so flawed and arbitrary - why assign a false sanctity to such verdicts and not allow DNA tests in all such cases?
• Decriminalize victimless crimes like acts between consenting adults, or using (as opposed to dealing with) drugs. What former NY Gov. Elliott Spitzer did in hiring a call girl may be bad for his family life, but shouldn't have been a crime.

Here's where I favor a marked shift to the right:

• Much stiffer penalties for criminals. True to our sense of fair play, justice should be retributive, not just reformative or a deterrent as liberals maintain. There's no reason to take capital punishment off the table for egregious murders so long as guilt is established beyond all lingering doubt (say with 99.99% certainty), not just reasonable doubt. There also shouldn't be a blanket minimum age or intelligence threshold for capital punishment. After all, a juvenile showing extreme cruelty or sadism while knowingly committing crimes is more, not less, likely to become an even bigger monster as he grows older.
• A tougher and lower cost jail environment. There's something wrong about criminals (especially hardened ones) sentenced to punishment spending their time watching TV, pumping iron, eating well and enjoying better medical care than many people outside the prison. Criminals should repay their debt to society through work and depending on the gravity of their offenses (think Dahmer, Bundy, the Beltway snipers, or the killers of my childhood friend Aasha) as a resource for medical testing and organ donation against payment to the state. These measures will at least lower the taxpayer burden, and if they act as some kind of a deterrent against crime, that's a bonus. (The Chinese till recently were harvesting and selling organs of executed prisoners. That disturbed many of us because we weren't sure if (a) those people had actually committed crimes deserving of the death penalty, and (b) if the profit from organ sales was itself an incentive for executing prisoners.)
• Close monitoring of inmates and strict punishments for offenses committed in jails. I've don't understand how prison rapes and inmate on inmate violence can still go undetected given our advances in technology. We can cheaply video monitor (and record) every cell, every square foot of prison space, and every movement by every inmate. Any offenses can be easily proved by playing back the recordings and inmates severely punished, preferably in a revenue positive fashion (see point above.) Guards who fail to act can also be identified and disciplined. This will also crimp in-prison gang activity and prevent the worst and most dangerous inmates from victimizing weaker ones.
• Further limiting or completely eliminating trials by jury. The US is one of the few countries where jury trials, which are highly wasteful with often arbitrary verdicts, are still widely prevalent. Other countries use just judges, whose verdicts can be appealed to superior judges and panels of judges. Given our multicultural society with ethnic divides and loyalties, jury trials are even more vulnerable to unfair outcomes, especially when the alleged crimes cross racial boundaries. Remember how O.J. Simpson was let off for double murder by a mostly black jury in 1994, and lost in the subsequent civil case decided by a mainly white jury (though this case admittedly required a lower burden of proof.)
• Requiring every US resident to submit a DNA sample and to carry a national ID card. Objections by the ACLU to maintain privacy have little merit, since safeguards can be imposed to ensure the information is used only to detect or prevent major crimes. Besides, consider the huge upside of such measures. Any DNA on a crime scene can be matched against a national database of the entire populace to solve crimes. Terrorism can be severely limited with a national ID, possibly combined with biometrics. The system can be carefully designed of course to protect most privacy, but this exercise to guard against "Big Brother" excesses should be very feasible.

There may be nuances, but a majority of Americans likely agree with my thinking. 

Laws Gone Wild - Banning Old Age

To me this is another of the flawed anti-discrimination laws leading to absurd consequences. I'm talking of the Age Discrimination in Employment Act (ADEA) of 1967 and its subsequent amendments.

We hear much more about countering discrimination against minorities and women, and resultant affirmative action. Despite vigorous denials from its liberal advocates this often becomes a drive to fill quotas. Barack Obama last month quoted some gender disparities in pay and top executive positions to imply unequal treatment of women. Now if there is any real bias or violation of the principle of "equal pay for equal work" I'm all for vigorous corrective action. But just the numbers being thrown around do not establish this, and there are more benign explanations.

The fact that many working women opt for a better balance between work and family, and take some years off to raise children can explain their making 78 cents for every dollar that men make. Similarly, there may be very few women who are prepared to put in 14 hour workdays to have a shot at the corner office. That, rather than a glass ceiling, may largely be why only 3% of Fortune 500 CEOs are women. To use these statistics to equate salaries or senior executive elevations among the genders may very well be reverse discrimination against men.

Other countries like India have quota-based intake of disadvantaged groups (like caste-based reservations) into government or public sector jobs, or into many educational institutions. So similar US practices do not surprise me as much as the "protections" against age discrimination. In India I never questioned the logic of having a mandatory retirement age. It used to be 58 years for most government jobs, and was subsequently raised to 60 years. For a few, mainly high positions, it extends to 62 or 65 years. After that, retirees who are willing and able to work can seek employment as contractors or consultants, or even be re-employed in the public sector as special cases. Private companies are free to have or not have mandatory retirement policies.

These practices make a lot of sense. Employees are recognized for their years of useful service while accepting the effects of age, and are given a cordial send-off after reaching a threshold. They leave with their memories and morale intact, making way for younger, more vigorous successors. Employers are free to retain exceptional workers past that point. But the rank and file know and accept the retirement age as a natural conclusion of this stage of their careers. If they want to work more they'll see no shame or a blow to their self-image to seek lighter or different, less paying work that may be more suited to their present stage of life. Even usually more liberal Europe recognizes the right to set an age for forced retirement.

This was pretty much the case in the US as well, till the ADEA of 1967 was amended in a series of steps from 1978 till 1993 to bar mandatory retirement in most sectors. Remarkably, the biggest blow was struck in the sweeping restrictions of the 1986 amendment when a Republican (Ronald Reagan) was President. Ideology notwithstanding it's hard to resist signing legislation favoring a key voting bloc like seniors ahead of the next Presidential election (that was won by Bush Sr.)

Adverse consequences of the US ban on mandatory retirement (many of which I've seen at first hand) include:

• Older employees drawing the highest salaries have reason to stick it out as long as they can. Employers have to push them out for bad performance after documenting negative evaluations. Not only do the departing seniors feel humiliated at this ignominous end to their long career, but this can also hurt employees morale all around.
• Managers in these situations have to give negative evaluations and terminate employees which subjects them to needless stress. Incidents of workplace violence and other fears of retaliatory action make the managers' job even harder.
• Reducing "natural" turnover adversely affects the career prospects of promising younger employees, which can create friction among employees and again affect morale.
• Older employees who manage to coast or "get by" are not replaced for many years by better, cheaper and more energetic younger employees. This makes for suboptimal company performance that aggregates to a drag on the economy, making it less competitive.

Bad, populist laws like these are politically hard to resist and block. Worse, once they are passed they're almost impossible to undo. Anyone attempting to do so despite the merits is likely to be painted as "anti-senior " and risks political suicide. So despite the pressures it is still much better to stop such laws before they are enacted.

I hope lawmakers (particularly Democrats) draw this lesson while considering the proposed Employee Free Choice Act ("Card Check Law.") This awful law being pushed by unions and liberals would allow unions to be formed without needing workers to vote their preferences by secret ballot. But that's another story.

Mumbai Pre-Wedding Celebration Pics

Anita and I returned from Delhi to Pune on Jan 4, and Sheena joined us there a day later. Over the next three days all was fine and stable at my in-laws and we then headed to Mumbai to attend the wedding festivities spread over 3 - 4 days of our (Anita's) niece Ira.

Anita and I stayed in Mumbai with her cousin Ashok and were (as usual) very well looked after, while Sheena stayed in the suite in NSCI Club that was reserved for Ira, the bride. There were lots of fun events and we thoroughly enjoyed ourselves. It was also a great opportunity to hang out and reconnect with Anita's extended family and friends.

We (mainly Sheena) took many pictures. I'm adding the link here to the ones taken Jan 8 - 10 in the lead up to the actual wedding day of Jan 11 that will be posted separately. There are 200+ pictures of which a handful have been labeled.

Mumbai Terrorism - It's A Small World

The Mumbai terrorist attacks have caused worldwide outrage that hopefully extends to Islamic countries and societies. Much of Anita's extended family lives in Mumbai. It's a city of 20 million, so despite the large number of victims including 163 killed we hoped that no one we knew was affected.

While people within our innermost circle are safe, we are hearing tragic stories about those very close to our extended family and good friends. Through a dribble of chance conversations we so far know of eight such people killed as well as some harrowing escapes. More connections will almost certainly emerge once we're in Mumbai where we're headed shortly.

For instance two days back I happened to call Anita's cousin Indru whom I've also mentioned in my previous post, about an unrelated matter. She sounded somber, and I learned that two victims whose stories were also carried in The New York Times and other media were a couple who are Indru's and her husband Gul's best friends. They were Ashok Kapur, chairman of Yes Bank and his wife Madhu who hung out with Gul and Indru almost daily and they used to vacation together worldwide. Ashok and Madhu were in an Oberoi Hotel restaurant when they were attacked and pursued by the terrorists. They fled and were separated. Madhu managed to escape after hiding out for several hours, but Ashok was killed - something Madhu and the authorities learned about much later. Now Indru, Gul and other friends and relatives are trying to support the shattered Madhu as much as they can.

Anita's cousin Rita (also mentioned in my last post) had gone from Mumbai to Pune to look up and stay with my in-laws. She left by train from the historic VT train (now called Shivaji Station) just three hours before it was stormed by the terrorists and 54 people killed there. Not wanting to take chances, her husband Dilip sent their car and driver to fetch her back to Mumbai three days later.

Any incidents touching us personally are a microcosm of the general coverage and commentary in the media. A couple of instances I'd like to highlight relate to reactions in Pakistan.

The first is this link to a Pak TV broadcast that my cousin Poppy received and passed on - many similar ones are posted on YouTube. It reflects the state of denial among Pakistanis who refuse to acknowledge or condemn the role played by the terrorists based in Pakistan. The TV show's anchor and two guests talk of how Indians brought this problem upon themselves and are now falsely linking this to some activities in peaceloving Pakistan. This mindset is of course not limited to Pakistanis or Islamists. It's remarkable how people's prejudices and perceptions can distort reality. But I also came across this (hopefully not too rare) clip showing a much more objective assessment on Pak TV by a Dr. Pervez Hoodbhoy. He is courageous in contradicting some other participants and acknowledging that some rogue elements within Pakistan are responsible and should be firmly curtailed. If there are enough of such people on both sides then there's hope for our countries coming together.

The other item is a (as usual?) beautiful Dec. 2 Op-Ed of Tom Friedman in The New York Times. He calls on Pakistanis to take to the streets and declare, "as a collective, that those who carry out such murders are shameful unbelievers who will not dance with virgins in heaven but burn in hell. And they (should at least) do it with the same vehemence with which they denounce Danish cartoons (of the Prophet Muhammed)."

It is heartening to see no backlash (so far) against India's Muslim community, which would have played right into the hands of the terrorists. We should continue doing more to reassure Indian Muslims, and credit goes to political and community leaders who have involved them in condemning these attacks. There are likely home grown elements that have substantially participated in these attacks, but a crazy fringe should never tarnish the broader community. A fifth of the Mumbai casualties are Muslims, and so is the Mumbai police chief. Whatever comes of it there's symbolism in this reported move by some Indian Muslims to deny the slain terrorists burial in Muslim cemetries.

Relatives Help and Visit Pune

In Anita's extended family (as may be typical in large ones) interactions range from little or no contact with some relatives for decades, to having very close bonds. We're fortunate to find many in the latter category.

But people lead busy lives and we don't expect them to disrupt these on our account. This is especially so when we're not seeking any help, and assuring relatives that any situation we're facing is firmly under control.

So on our recent trip to Pune we were overwhelmed by the outpouring of warmth, support and help from Anita's folks, who're mostly my good friends too.

When I first arrived to tend to my in-laws' medical emergency I only sought advice and contact information from the three Pune-based uncles and aunts about good hospitals and doctors. That was enough for me to move Daddy and Mummy to the hospital, lock up their apartment and get their treatment under way. Most of Anita's relatives live in Mumbai, and I emphatically told them I needed nothing else and that they shouldn't bother coming to Pune.

But they'd have none of it. Now I know from where Anita gets her stubborn streak (and those other qualities that made me woo her decades ago.) When we come to India we typically stay a few days in Mumbai to meet up and spend time with relatives living there. This time we stayed put in Pune, yet a lot of Mumbaiites that we care about come to us in Pune.

In the process, the visits were a big morale booster for Daddy and Mummy, and our doctors said that these probably significantly helped their recovery. And there was more.

Here are some highlights:

• Anita's cousins Ashok, Gul, Indru, Jagdish, Kavita, Meena (with daughter Tanny) and Rita specially made the 8 -10 hour round trip from Mumbai to Pune just to look up my in-laws and spend time with us


• Aunt Duru and Uncle Hira cancelled / put off all their travel and holiday plans despite our protestations, to help, regularly visit and advise us in Pune till my in-laws were home


• Again, despite my dissuasion Rita with maid in tow left her husband Dilip (who is miserable without her and vice versa) for six days to join me in Pune to tend to Daddy and Mummy in hospital. As it turned out her help was invaluable because I wasn't expecting to be so heavily occupied with Daddy's emergency surgery. Rita's company and consultations apart, I was also able to leave Mummy to her care in this time before Anita had joined me


• Dilip himself made repeated calls to get me to agree to his visiting Pune and taking me back in his car to Mumbai for the flight back to USA. I instead asked him to postpone his trip so he could look up Daddy and Mummy some time after I and Prakash had gone. Dilip agreed and his trip on Nov. 17 - 18 provides valuable coverage, as did Kavita's second trip on Nov. 8th. This way there's always someone dropping in and checking on Daddy and Mummy as they're steadily getting better


• Ashok lent a vital cell phone and datacard for internet connectivity on our laptops from anywhere. India's anti-terrorism measures include dumb provisions that make it very difficult for those of us visiting from abroad to obtain cell phones and data cards in our own names. So Ashok's help proved very useful


• Ashok (and owners Gul and Indru) repeatedly offered all the resources at the 5 star Sun-n-Sand Hotel in Pune which is a short walk from Inlaks. When Anita landed in Mumbai, she was brought to Pune by Ashok and Indru. Then we were ensconced in the penthouse suite of Sun-n-Sand for the next two weeks with the full run of all facilities. It was like living in two worlds, transitioning daily from the hubbub and frenetic activity of the hospital to the lavish luxury of the hotel. There were 300 exotic dishes to try in the hotel's multiple restaurants, a nice gym to work off (half) the calories we took in, and a retinue of smiling staff to attend to our needs
  
• Moti Uncle and his wife Mooma lived in Pune for decades till recently, called regularly to enquire about Daddy and Mummy, and give valuable advice. They also had a good 50th wedding anniversary bash in Mumbai on the same evening that I was arriving from Pune to catch my flight back to USA. I went with Meena and Tanny to the party and spent a wonderful 45 minutes meeting and revelling with the assembled clan before leaving for the airport

So despite the serious purpose of our visit and some hectic activity, Anita and I had a memorable trip interspersed with these warm get-togethers, and helpful relatives. (For poor Prakash, Anita's brother and the dutiful son who relieved me in Pune, it was just a lot more of work, which he cheerfully did without having time to meet many people.)

When marrying Anita, I hadn't realized I'd gain such a nice extended family of hers as dowry.