“The Tamil Nadu Government Should Learn a Lesson”

Anti-liquor activist Kovan, who was slapped with sedition charges for criticising the government’s liquor policy, speaks to The Wire hours after the apex court vindicated his stand

Anti-liquor activist Kovan who was slapped with sedition charges for criticising the government’s liquor policy speaks to The Wire hours after the apex court vindicated his stand

Kovan. Credit: vinavu.com

Kovan. Credit: vinavu.com

Chennai: From relative anonymity to becoming the subject of a campaign to free him, Kovan, a small-town anti-liquor campaigner based in Trichy, Tamil Nadu is now being seen as a symbol of the state’s abuse of power against an individual.

A member of a group called the Makkal Kalai Iyakka Kazhagam (People’s Art and Literary Association), Kovan was arrested on October 30 at 2 in the morning from his home in Trichy and slapped with sedition charges. His crime: He wrote and sang two songs against the liquor policy of the Tamil Nadu government and criticised Chief Minister J Jayalalithaa. These songs went viral on social media with over half a million hits on YouTube alone. After spending a day in police custody, Kovan then moved the Madras High Court which denied any further custody to the Tamil Nadu police on November 7. The Tamil Nadu government the moved the Supreme Court demanding custody, stating that Kovan was a “habitual offender”.

The Supreme Court on Monday dismissed the state’s petition, observing that Sections 499 and 500, both of which deal with criminal defamation, were not meant for governments to settle individual vendettas. Justice Dipak Misra, while dismissing the petition, also noted that such cases mostly come from Tamil Nadu.

Hours after the Supreme Court verdict, Kovan spoke with The Wire about his experience.

How does it feel now that the Supreme Court has vindicated your stand?

Instead of taking action against me or countering me in a democratic manner, they (the state government) has already kept me in custody for one day and slapped these cases on me. All this, for criticising a government that runs TASMAC (Tamil Nadu State Marketing Corporation which is the liquor retail monopoly). It is their mistake to have filed such a case of sedition. When my case was being heard in the Madras High Court, the judge asked them how this warrants sedition and denied police custody.

All ministers in this government keep saying “Amma” for every single scheme or practically anything. I cannot criticise any government without criticising its leader.

The judge asked the state government whether I was a habitual offender or a Naxal to invoke sedition charges against me. Will the truth known by the Madras High Court not be known by the Supreme Court? But still the government went ahead with its vendetta. I welcome the Supreme Court’s verdict. The court has condemned the move by asking the Tamil Nadu government why they should bring an individual’s case to the apex court. The Tamil Nadu government should learn a lesson from this. The government should safeguard the democratic rights of the individual. By taking away our democratic rights in this manner, the government is being dismissive and disrespectful of the people who voted for them.

Did you expect such action from the government when you wrote and sang these songs?

No I certainly did not expect this. We are just a small group that goes to the people to sing about social evils. We used social media to take our songs to the people because. Alcoholism is ruining people’s lives. The songs became popular because they touched the people’s conscience, they affected them. The songs were shared by people, by youngsters. Unfortunately this went against the government’s interests. It made the government angry.

There is a belief that this action was taken against you because you criticised Chief Minister Jayalalithaa to a large extent in your songs.

When anyone criticises the government, we can only criticise the head of that government. The government is not a nameless, faceless, formless identity. All ministers in this government keep saying “Amma” for every single scheme or practically anything. I cannot criticise any government without criticising its leader. It is sad that they have taken it personally.

You were in police custody for one day before the court intervened and granted you bail. What were you asked while in custody?

A lot of people questioned me. They did not introduce themselves or mention which departments they belonged to. Around 10 people questioned me even before I was remanded. After remand, one person told me he was from the Intelligence wing of the police. I told him I have to answer only to Cyber Crime officers, since they were the ones who filed the case, but still I answered his questions. He asked me if I was a Maoist, whether I was in touch with Naxals. I told him I was part of a small group that sings songs on social issues and takes them to the people. He asked me who all were part of the Vinavu website (which uploaded the songs). I said, ‘I do not know the technicians of the site.’ He asked me if I knew about the Otthakadai bomb case (In March this year, two people were arrested for planting explosives in Othakadai, Madurai). I said I do not know anything about it. I told him I only read about social issues which are relevant to us in papers. The interrogators asked all sorts of questions unrelated to the main case. They tried all sorts of things to get me to accept something that they wanted me to. They have tried to brand me. I said this to the judge in the Madras High Court too.

kovan-release-trichy-meeting-03

One of the protests organised in Trichy for Kovan’s release. Credit: vinavu.com

Since your arrest, there has been widespread condemnation of what is perceived as the state government’s undemocratic actions. Do you believe it is so?

This government is attacking the foundations of democracy by curbing freedom of speech. It is not just me, they have filed cases against the media and anyone writing or speaking out against them. The chief minister must remember that she is part of government – she will obviously be criticised. If she were a nobody, no one will bother criticising her. If she cannot take criticism, let her retire to Kodanad. Political parties, the press and media, everyone should condemn this.

What are the main issues you tackle through your songs?

We have composed and sung songs against casteism, religious fascism especially Hindu fascism, condemned violence against women, voiced our opposition to wanton destruction of natural resources like sand and granite in the state. We have sung one song against Coca Cola ruining our water bodies. We have done another on corrupt politicians who have become rich suddenly. We have done a number of protests on various issues as well.

What is your background and what does the name Kovan mean?

I am an atheist. I am against religion and caste. My real name is Sivadas – I did not want a name associated with a religion, so in 1983 when I joined the Makkal Kalai Ilakkiya Kazhagam, my senior comrade changed my name to Kovan. Kovan means king. It is a Tamil name. We are a group with a communist-like ideology.

Now that your stand has been vindicated and you are out, what is your next move?

I am a part of the Makkal Kalai Ilakkiya Kazhagam. The group’s goal is to speak out and sing on behalf of the people. As soon as I came out, I sang a song about the floods in the state. Our journey will continue until there is complete equality in society.

What have you learnt from this whole episode?

I have understood more deeply that this government is against democracy. This government is not following even the basic rule of law. I have also learnt that when one sets out to serve the people, there will be all sorts of obstacles, but we should face these and go on.

There is criticism of you from some quarters for having met Dravida Munnetra Kazhagam (DMK) chief Karunanidhi and Opposition leader Vijaykanth soon after your release. Does this mean your issue may take a party political turn? 

When the DMK was in power, we criticised them for giving freebies and for other anti-people schemes that were brought in by them. We have sung many songs against them. At that time liquor retail was in the hands of private bar owners. We have sung songs saying the government should not allow liquor sales. Similarly we have sung songs against this government too. As for meeting Karunanidhi or Vijaykanth, I think it is my duty to thank the people who have stood up for me without even knowing who I am. All parties other than the ruling All India Anna Dravida Kazhagam (AIADMK) and the BJP (Bhartiya Janata Party) spoke out for me. The first people I met were in fact Vaiko (leader of Marumalarchi Dravida Munnetra Kazhagam), Thirumavalavan (leader of Viduthalai Chiruthaigal Katchi) and state leaders of the CPI (Communist Party of India) and CPM (Communist Party of India (Marxist)). It is only after that that I met the DMK chief and treasurer, K Veeramani of the Dravidar Kazhagam and Vijayakanth (leader of Desiya Murpokku Dravida Kazhagam). It is basic decency to thank those who have supported me. I feel it is wrong to ascribe false intentions to my meeting all these leaders. I have also requested them to support me in the future.

Congress Not for Pre-poll Alliance in Assam, Says Gogoi

Assam Chief Minister Tarun Gogoi inspecting the progress of ongoing work for installing the statute of the military general of Ahom King Lachitbor Phookan in the middle of the Brahmaputra river in Guwahati on last week. Credit: PTI

Assam Chief Minister Tarun Gogoi inspecting the progress of ongoing work for installing the statue of the military general of Ahom King Lachit Borphookan in the middle of the Brahmaputra river in Guwahati on last week. Credit: PTI

Guwahati: The ruling Congress in Assam will not go for any pre-poll alliance with any party for the assembly polls next year but is open to an “understanding” with others to defeat the communal forces, Chief Minister Tarun Gogoi said today.

Holding a press conference here, Gogoi also said that the BJP has no local leadership in the state and was dominated by “Hindi-speaking” leaders from outside.

“We will not go for an alliance before the polls. We are only for [reaching an] understanding with any party. We must fight communal forces like BJP,” he said.

The Congress is open for an understanding with opposition parties like the Asom Gana Parishad, the All India United Democratic Front (AIUDF) and even the RTI activist Akhil Gogoi-led farmers’ body Krishak Mukti Sangram Samiti to defeat the BJP in the forthcoming assembly polls, he added.

“I want understanding with one and all, including the media and intellectuals,” Gogoi said.

Last week, BJP national president Amit Shah had said Gogoi was holding secret parleys with the AIUDF and accused the Congress of hatching a secret conspiracy to turn Assam into an extended part of Bangladesh.

Referring to the NDA’s drubbing in the recent Bihar elections, Gogoi said, “It was the battle of Kurukshetra and they were defeated very pathetically. They are now nervous and engaged in false propaganda against me here.”

Launching an attack on the local BJP leadership, he said “the BJP in Assam is run by Hindigiri. The local leaders are spineless. They do not have the Assamese blood in their veins.”

On Sunday, Gogoi made fun of the way the BJP was allegedly distorting the names of Assamese historical personalities and even its own leaders: “BJP’s Assam in-charge Mahendra Singh has referred to Srimanta Sankardeva as Baba Sankardeo, which is totally unacceptable. All these leaders do not even know how to pronounce Assamese names. They call former BJP state president Sidhartha Bhattacharya as Sidharth, present president Sarbananda Sonowal as Sonwal and Himanta Biswa Sarma as Hemant Biswa Karma. Actually the problem lies with these BJP leaders is that they do not understand the local sentiments and issues,” the chief minister had said.

Taking a swipe at Himanta Biswa Sarma, the former Congress minister who quit the party to join the BJP, Gogoi described his former party colleague as an “opportunist”.

“He is like a professional singer. While Himanta was with me, I was the best person on earth. Now there is no one worse than me. He does not have any commitment to any ideology or party,” the chief minister said.

He added that the state government will bring a White Paper by December 20 regarding the Centre’s contribution to Assam during the NDA’s tenure as against the UPA’s rule.

He also criticised the Centre for failing to control rising prices of essential items, including food.

With inputs from The Wire’s staff

 

Can Mandal Politics Look Beyond The Secular-Communal Binary?

Social justice cannot be achieved if only the higher castes get electoral representation and negotiate the terms of the debate

Lalu Yadav and Nitish Kumar after their impressive victory in the Bihar Assembly elections. (Photo: PTI)

Lalu Yadav and Nitish Kumar after their impressive victory in the Bihar Assembly elections. (Photo: PTI)

A major daily has captured the recent electoral result in Bihar by the phrase ‘Mandal 2.0 trumps Kamandal 2.0’. In other words, the electoral battle between the NDA (BJP and its allies) and the Grand Alliance (JDU-RJD-Congress) has been posited as the most recent edition of the contest between majoritarian communalism and caste-based social justice which was witnessed during the early 1990s.

But while the mood in the Grand Alliance is celebratory since its historic victory I would like to play the devil’s advocate here and point at the two key issues which Mandal 2.0 must address if it is to fulfil any democratic promise whatsoever.

Though Mandal politics in Bihar has been effective symbolically in challenging the hegemony of the privileged castes and restricting communal violence, it has understandably been led so far by the relatively socially/numerically dominant sections within the subordinated communities. The recent emergence of new political subjectivities within the Dalits, backward classes and religious minorities like the mahadailt, atipichda and pasmanda capture the exclusionary dimension of Mandal politics quite succinctly. A category-wise break up in the recent electoral results reveal that Upper Castes have secured 20%, Backward Castes 46%, Scheduled Castes 15.6%, Scheduled Tribes 0.8% and Muslims 10% seats respectively. It is clear that among BCs castes like yadav, kurmi, koeri and baniya have bagged a disproportionate number of seats; however, the figures for EBCs have not been forthcoming.

The explanation for this is that in Bihar the OBC list is internally differentiated into Extremely Backward Classes (EBC, Annexure I) and Backward Classes (BC, Annexure II) with most Muslim subordinated castes, now politically labelled as pasmanda, being included in the former along with Hindu EBCs. So unless one breaks the data for Muslims in caste terms it is not possible to arrive at a figure for EBCs. And this is precisely what most experts have hesitated in attempting. In most reports and surveys Muslims have been treated as a monolithic bloc and the internal power differentials have been repressed.

Though Muslims constitute about 16.5% of Bihar’s population, their representation in this election turns out to be 10%. Apparently, this reflects under representation of the group as such, but once we disaggregate the data in caste terms the results are revealing. My own calculation, based on information shared by political workers from Bihar, suggests that out of the 24 successful Muslim candidates there are 18 UCs, 1 EBC and 5 BCs. In the absence of caste census data one may roughly suggest that 20% of Muslims in Bihar are higher castes whereas 80% are backward castes (Dalit muslims are included in the BC/EBC list as due to Presidential Order (Clause 3), 1950 the Dalits belonging to Islamic and Christian faiths are excluded from the SC list). That means higher caste Muslims constitute about 3.3% whereas backward caste Muslims constitute about 13% of Bihar’s population. Following this we find the representation to be 7.4% for higher caste Muslims (18/243) and 2.6% for backward caste Muslims (6/243).

These figures clearly reveal that while the higher castes within Muslims are represented more than double their population share, it is the backward caste Muslims who are grossly under represented. Also, while in the State BC/EBC lists about 43 Muslim castes are recognized, only two castes (mukeri and kulhaiya) have entered the Assembly this year. Once the disaggregated data for Muslims in caste terms is available it is easy to indicate the figures for EBCs as well. As per my calculation the representation of EBCs could be between 8-9% which is clearly on the lower side. I believe that a disaggregated data for SCs will also show a similar trend.

If Mandal 2.0 has to be a robust democratic project then the political pariahs like the mahadalits, atipichda and pasmanda (and especially women) need to be integrated. So far the champions of social justice have demonstrated a shaky record on this count. Moreover, while broadbasing itself in terms of integration of excluded communities, Mandal 2.0 will also do well to reactivate the Lohiaite impulse of governance, cultural-social and systemic reforms.

Colonial era politics

Historically speaking, the terms of most contemporary debates on Indian politics were set up during the colonial era where the higher caste natives across religious groups played the role of key interlocutors. One of the dominant discursive moves was the setting up of the opposition between secular nationalism and religious nationalism (mainly Hindu and Muslim). In popular imagination this is framed as the battle between ‘secularism’ and ‘communalism’ with the former having a positive valuation in contrast to the latter. I would contend that contemporary empirical reality has foregrounded the politics arranged around the secular-communal binary (symbolised at the national level by the Congress and BJP) as a major impediment for the flourishing of political agency of the most deprived communities.

Let me elaborate the argument further by quoting from Dr. B. R. Ambedkar’s seminal essay The Annihilation of Caste: ‘A caste has no feeling that it is affiliated to other castes, except when there is a Hindu-Muslim riot. On all other occasions each caste endeavours to segregate itself and to distinguish itself from other castes.’ Following this one may logically conceive the riot (or ‘institutionalized riot systems’ to use Paul Brass’s term) as a key instrument in ironing out the internal caste contradictions within the Hindu body politic and stabilizing the hegemony of the dominant castes. However, what Dr. Ambedkar says in the context of Hindu society is also complemented by the pasmanda critique of communalism.

As Ali Anwar, pasmanda ideologue and MP (Rajya Sabha), says: ‘We see that the politics of communalism, fuelled by both Hindu and Muslim elites, is aimed at dividing us, making us fight among ourselves, so that the elites continue to rule over us as they have been doing for centuries. This is why we […] have been seeking to steer our people from emotional politics to politics centred on issues of survival and daily existence and social justice, and for this we have been working with non-Muslim Dalit and Backward Caste movements and groups to struggle jointly for our rights and to oppose the politics of communalism fuelled by Hindu and Muslim upper caste elites’. Obviously, while the differential in power between Hindu and Muslim communalism is quite apparent what the pasmanda discourse has brought out forcefully is firstly, the casteist motivations and the symbiotic nature of putative contending communalisms, and, secondly, the need to forge a horizontal solidarity of subordinated castes across religions in order to contest it.

Anti-caste project

If communalism is framed as a key instrument to perpetuate the power of privileged caste groups then can secularism be conceived as an adequate response to it? One may answer this question in the negative for two reasons. One, the Indian brand of secularism defined as pluralism and tolerance—that is, symmetrical treatment of all religions—naturalises and reifies religious identities and stalls internal reform, especially for the religious minorities. Two, secular scholarship and activism has been historically inhabited by the liberal-left elite belonging to the hegemonic caste groups across religions and has been responsible, whether by default or design, for repressing the question of caste. Not surprisingly on the question of caste the forces of secular nationalism and religious nationalism have historically found an interesting congruence. Following this one may argue that communalism cannot be adequately contested by the dominant project of secular nationalism but rather through a counter-hegemonic, anti-caste project of social justice as articulated variously by the likes of Jotiba Phule, Periyar EV Ramasamy, Dr. B. R. Ambedkar, Dr. Rammanohar Lohia and Abdul Qaiyum Ansari.

The recent affair of Laloo Yadav and Nitish Kumar with the Congress, a party that excels in managing Indian politics within the secular-communal binary (as exemplified by their role in the Ramjanambhumi-Babri Masjid episode, Shahbano controversy, minority sub-quota and the recent controversy around Tipu Sultan), must therefore be a cause of concern for the Bahujan bloc in the long run. This election was probably the first time in India that the RSS was revealed primarily as a Brahmanical organization than a communal one. There is an opportunity for Laloo-Nitish combine to build on this momentum and start contemplating political alliances beyond the Congress and BJP axis. However, with a history of pragmatist politics behind them, will they be able to reinvent themselves by broadbasing social justice politics and thinking of a political future beyond the secular-communal binary? I am not really sure.

Khalid Anis Ansari is Senior Assistant Professor in Glocal Law School in UP. His doctoral work at the University of Humanistic Studies (UvH), Utrecht (the Netherlands) is on caste movements within Muslims of Bihar.

Why Cash Transfer’s First ‘Beneficiaries’ Want to Opt Out of the JAM

Protests are mounting in Dadra and Nagar Haveli, Puducherry and Chandigarh as the poor insist they prefer getting their grain entitlement at ration shops rather than via deposits into their bank accounts.

Protests are mounting in Dadra and Nagar Haveli, Puducherry and Chandigarh as the poor insist they prefer getting their grain entitlement at ration shops rather than via deposits into their bank accounts

PDS. Credit: DPRCG

Why Should We Give This Up? File photo of Antyodaya beneficiaries at a PDS shop. Credit: DPRCG

Dadra and Nagar Haveli, whose ration shops are managed by cooperatives and not private dealers, has stalled the rollout of cash transfers, after opposition from local gram panchayats. Puducherry and Chandigarh have also witnessed similar high-decibel protests.

India has only 1 bank branch for every 11 ration shops. Nevertheless, cash transfers remain popular in the corridors of power in India and in international policy circles.

JAM Trinity

The Indian version has officially been christened ‘JAM’ – short for Jan Dhan bank accounts, Aadhaar unique identity numbers and Mobile payments. Even at the recent Delhi Economic Conclave with the prime minister and three chief ministers in attendance ( and where skeptics were controversially excluded) JAM occupied centre-stage.

In India, one of the key reasons that cash transfers are being mooted is to fill empty Jan Dhan bank accounts (37% in October 2015). But with few new revenue streams, the focus so far has squarely been to replace India’s foodgrain subsidy, at around 1% of GDP. However, it is often not appreciated that half of rural homes (75% in southern India) depend on the existing network of half-a-million ration shops − as a lifeline − to purchase subsidised foodgrain.

Instead, the central government had hastily announced that in September, three union territories – Puducherry, Chandigarh and Dadra and Nagar Haveli – would switch en masse. This was in line with the Shanta Kumar High Level Committee’s contentious push to roll out cash first in million-plus-cities and within 2-3 years nationwide.

But there has been intense opposition to the JAM cash transfers on the ground.

Union territories protest

The tribal-dominated Dadra and Nagar Haveli has been the most vocal. Its elected panchayats have protested both at public meetings and with written affidavits. 80% of ration shops in the industrial hub are managed by cooperatives, not usurious private dealers. Most tribal families already have Antyodaya Anna Yojana (AAY) ration cards, which entitle them to 35 kilos of foodgrains at a highly subsidised price of Rs 3 per kilo.

So, their opposition to cash is reasoned. First, as in the rest of India, banks are few and far between. There is only one bank for every 28,000 people compared to a ration shop for every 4500. Second, the cost of travelling to the bank, often several times for a single transaction as internet links frequently get disrupted, is high. Third, also of concern is the opportunity cost of lost wages.

Further, two-thirds of the population is tribal, with low levels of literacy. They find banks intimidating and cash transactions difficult to navigate. Fifth, beneficiaries are also wary of potential misuse of cash even within the household, in a tax-free haven where liquor flows cheap. Sixth, there is no guarantee that cash will be able to keep pace with food price inflation, especially with the soaring prices of onions and pulses on everyone’s mind.

In Chandigarh, too, similar concerns have been aired. The opposition party has collected 41,000 signatures from ration cardholders who wish to revert to foodgrains. Despite that, all ration shops in the city have already been shut. Though 41,000 homes now receive a modest Rs 95 per person per month directly into their bank accounts, it is proving to be insufficient to cover the cost of foodgrains, compensate for travel expenses and the inconvenience of multiple journeys.

Puducherry has also witnessed considerable turmoil. The local government had this year unwisely launched its own cash transfer “pilot” for a sizeable 3-lakh families. But during the transition when people didn’t receive grain for months and the salaries of the ration shop salespersons were heavily delayed, the Left opposition parties organised street protests. Within 2 months, the government had to disband the experiment. But even before the dust settles, the central government has launched another cash transfer pilot for Below Poverty Line (BPL) families.

Last mile

The last mile of the Indian JAM trinity is proving to be its weakest link. Not only are bank branches scanty – for every 10,000 adults India has only 13 ATMs compared to 50 ration shops – but mobile payments are also highly underdeveloped, compared to Kenya’s M-PESA and Philippines’ SMART. The Supreme Court has also repeatedly ruled against compulsory usage of Aadhaar unique identity numbers.

But insufficient attention is paid to the protesting voices. As the 2015 Nobel laureate, Prof. Angus Deaton has insightfully observed, that “…[cash] experiments are often done on the poor and not by the poor is hardly an encouraging sign.” Instead “…experiments are technical solutions to political problems, that really ought to be decided by democratic discussion.”

After all, can one size fit all? But, how do the union territories opt out of the JAM?

Is There a Case for Testing Drugs on Pregnant Women?

Traditionally, expectant mothers have been excluded from clinical trials, but could this practice be doing more harm than good? Emily Anthes investigates.

© Laura Breiling

© Laura Breiling

When the heart stops beating, minutes matter. With every minute that passes before a rhythm is restored, a patient’s odds of survival plummet. Which is why Anne Lyerly was surprised when, one night 20 years ago, she got a phone call from a doctor who had paused in the middle of treating a patient in cardiac arrest. Lyerly was a newly minted obstetrician; the caller was an internal medicine resident who was desperately trying to resuscitate a dying patient. A pregnant dying patient. He had called because his supervisor wanted to know whether a critical cardiac drug would be safe for the woman’s fetus.

Lyerly was stunned. Most medications are never tested in pregnant women and, although she knew that there was a chance the compound might harm the fetus, her response was unequivocal. “You need to tell him he needs to save her life,” she told the resident. “It doesn’t matter what drug he’s using. She’s dying.”

In the years since, Lyerly, now an ob-gyn and bioethicist at the University of North Carolina, has found herself fielding such questions again and again, from colleagues, patients and friends eager to know whether it is safe for a pregnant woman to stay on her antidepressants, take her migraine medication or use her asthma inhaler.

Sometimes the answer is obvious: a dying woman should get a drug that would save her life, regardless of the risk it might pose to the fetus. But often Lyerly didn’t have such definitive answers. Because it has long been considered unethical to include expectant mothers in clinical trials, scientists simply don’t know whether many common medicines are safe for pregnant women. Of the more than 600 prescription drugs that the US Food and Drug Administration approved between 1980 and 2010, 91 per cent have been so meagrely researched that their safety during pregnancy remains uncertain.

Over the last few years, however, a small, tight-knit group of ethicists, including Lyerly, have become determined to reverse this longstanding scientific neglect of pregnant women. Science and society, they argue, have got it utterly wrong: our efforts to protect women and their fetuses have actually put them both in jeopardy. “Ethics doesn’t preclude including pregnant women in research,” says Lyerly. “Actually, ethics requires it.”

On 16 December 1961, the Lancet published a short letter from an Australian obstetrician named William McBride. In the previous months, McBride wrote, he’d noticed a troubling pattern of birth defects: newborns with severely malformed arms and legs. Their mothers, he reported, had been taking a new drug called Distaval. Its active ingredient? Thalidomide.

Over the next few months, other doctors published similar observations. It soon became clear that thalidomide, a sedative that had been marketed as a safe treatment for morning sickness, was a major public health disaster, the cause of serious birth defects in as many as 12,000 children. A second crisis followed a decade later, when scientists realised that diethylstilbestrol, a drug widely prescribed to prevent miscarriages, increased the risk of cancer in girls who had been exposed to the drug while in the womb.

These tragedies left a lasting legacy. Expectant mothers became understandably nervous about taking medication. Scientists, drug companies and lawmakers grew reluctant to allow pregnant women ­– and even women who were merely of childbearing age – to participate in drug trials. Subsequent regulations designated pregnant women a ‘vulnerable population’ that could participate in clinical research only under limited circumstances.

On the face of it, this caution seems sensible. Many medicines cross the placenta, and a high dose of the wrong drug at the wrong time can disrupt fetal development, leading to miscarriages, stillbirths or birth defects. But many mums-to-be have a legitimate need for medication. “Pregnant women get sick, and sick women get pregnant,” says Brian Cleary, Chief Pharmacist at the Rotunda Hospital in Dublin, Ireland.

This year, some 130 million women will give birth around the world. Expectant mothers grapple with all kinds of health conditions, from depression to diabetes, migraines to malaria, epilepsy, Crohn’s disease and more. Many are offered medications for their maladies: precise figures are hard to pin down, but according to several reviews of prescription databases, the share of pregnant women who receive at least one prescription during pregnancy is 56 per cent in Denmark and Canada, 57 per cent in Norway, 64 per cent in the USA, 85 per cent in Germany and 93 per cent in France. Knowledge is power

But with so little data available about drug safety during pregnancy, many of these women will face a stark choice: use medications that have unknown effects on their developing children, or forgo treatments that are crucial to their own health.

In the autumn of 2013, Heidi Walker, a lab technician who lives in Nottingham, England, was hospitalised for severe depression. Over the course of her two-month stay, she slowly found her feet again, thanks, in part, to a drug regimen that included an antidepressant, an antipsychotic, an antianxiety medication and a sleeping pill. But just a few months after her release, Heidi unexpectedly found herself pregnant with her first child: a girl. “She was a surprise baby,” Heidi recalls. “Whether the medications I was on at the time were safe during pregnancy wasn’t something I’d considered at all.”

Heidi soon learned that none of the four drugs she was taking had been well-studied in humans, though animal studies had raised some concerns. Like many women with chronic illnesses, she found herself facing an agonising decision. On the one hand, Heidi feared what the pharmacopoeia might do to her developing daughter. “It was a lot of medication to be taking, and it’s a risky thing to be doing,” she says. “’Cause everyone’s heard of thalidomide and things like that, haven’t they?” At the same time, however, she worried about what might happen if she went off her meds and the depression returned. “Am I going to be able to take care of her?” she wondered. “Are social services going to get involved if I’m unwell?”

In consultation with her doctor, Heidi decided to give up all four drugs, ultimately replacing them with a low dose of sertraline, an antidepressant that has been relatively well-studied in pregnant women. But as she weaned herself from her old prescriptions, she experienced severe withdrawal. “It was physically quite rough,” Heidi recalls. “I had brain zaps and shivers and was feeling very, very unwell.” But she believes she made the right decision. “You just don’t know,” says Heidi, whose daughter was born last January. “Had something been wrong with her, and I’d carried on taking those medications, then you’d have a lot of guilt wouldn’t you?”

Many other mothers-to-be come to the same conclusion. In the face of inadequate safety data, both women and doctors tend to err on the side of caution, discontinuing drugs with unknown risks.

* * *

© Laura Breiling

© Laura Breiling

After Rachel Tackitt conceived last autumn, her neurologist told her that there was little information available about the safety of a drug she was taking to control her chronic migraines. “My neurologist said she could not with good conscience recommend it or allow me to take it because we don’t know the risks,” says Rachel, an engineer who lives in Tucson, Arizona. Rachel ultimately stopped taking the drug, as well as two other migraine medications, only to see her headaches come roaring back. Until she gave birth to her son in July, she suffered from two or three debilitating migraines every week; she spent a lot of time, particularly in her first trimester, lying in a dark room and waiting for the headaches to pass.

In some cases discontinuing a drug can have tragic consequences. The Confidential Enquiry into Maternal Deaths, a periodic report on maternal fatalities in the UK and Ireland, has identified cases in which pregnant women have died after giving up their asthma or epilepsy medications. Poorly controlled maternal illness is dangerous for a fetus, too. Untreated depression, for example, increases the odds of fetal growth restriction, premature birth and low birth weight. So does untreated asthma. “Oftentimes we end up harming fetuses even more by not attending to the health needs of pregnant women,” says Maggie Little, a bioethicist at Georgetown University in Washington, DC, who specialises in reproductive and research ethics. “In general, what’s good for a fetus is a healthy mom.”

The guesswork involved in treating pregnant women has troubled Lyerly since her earliest days as a doctor. When she graduated from medical school in 1995, the field of medicine was just beginning to move toward an ‘evidence-based’ approach, in which doctors used rigorous clinical research, rather than intuition or anecdote, to determine the best way to care for a patient. But this new emphasis on evidence, Lyerly noticed, didn’t seem to apply to the treatment of pregnant women. “It was well-known that we prescribed medications without a lot of good data about their safety or the right kind of dosing,” she says.

This shortage of data frustrated Lyerly, who hated not being able to give her patients better guidance about their medications. And when, in the early 2000s, she began serving on institutional review boards – ethics committees that vet proposals for research involving human subjects – her frustration only grew. After spending hours with her pregnant patients, who peppered her with questions about their medications, Lyerly would then review proposals for studies that could potentially provide answers – and find that pregnant women were often excluded, as a reflex, even from research that posed minimal risk. “People were very quick to say, ‘Well, it’s unethical to include pregnant women in research,’” she recalls. “It struck me that people were hiding behind the veil of ethics.”

Lyerly often found herself fighting back, arguing that the real danger to pregnant women was treating them without evidence, but for years, little changed. One day, in late 2007 or early 2008, a sympathetic-seeming scientist with a proposal before a committee she was serving on made a startling confession. As Lyerly recalls: “One of the researchers said, ‘You know, I understand where you’re coming from… but I gotta tell you, I just don’t like including pregnant women in research. It’s just my bias.’”

She had finally had enough. She reached out to two colleagues who had both done their own thinking on the issue: Maggie Little, the Georgetown bioethicist, and Ruth Faden, a bioethicist at Johns Hopkins University. The women talked and eventually met in Washington, DC, where they sat on Faden’s porch, drinking coffee and lamenting how little scientists still knew about drug safety during pregnancy.

They were not alone in their concerns. “There’s still many, many drugs, including many relatively frequently used drugs, that we don’t know very much about,” says Jan Friedman, a medical geneticist at the University of British Columbia in Canada. “There’s not a lot of funding for this kind of research and not a lot of work that’s being done.” At the same time, the scientists who are trying to gather this desperately needed data often struggle to get their studies approved.

Lyerly, Little and Faden decided that the cause needed more proactive advocates. So in the spring of 2009, the ‘troika’, as they call themselves, formally launched the Second Wave Initiative: a broad, multipronged campaign to promote ethically responsible research with pregnant women. Its name is a reference to the ‘first wave’ of clinical trial reform, in the 1990s, which spurred scientists to enrol more women in their studies. Since founding the Initiative, the troika have lobbied lawmakers, hosted and presented at conferences, and written a flurry of papers and editorials.

The Initiative flips the familiar script. For decades, ethics has been used to justify barring pregnant women from research. But now, Lyerly, Little and Faden are making the opposite argument: that conducting research with pregnant women is an ethical obligation. Side-lining this entire population, they say, is fundamentally unjust, depriving pregnant women of equal access to medical advances. “We support biomedical research with all of our tax dollars, with the understanding that all of us will benefit,” Faden explains. “And not that only people who are not pregnant will benefit.”

* * *

© Laura Breiling

© Laura Breiling

In addition to being unjust, the knowledge gap is also downright dangerous, they argue. Although many untested drugs are likely to be safe if used during pregnancy, the failure to study medications specifically in pregnant women means that some are on the market for years before scientists discover that they pose a risk. In 2006, for example, a paper in the New England Journal of Medicine reported that women who took angiotensin-converting enzyme (ACE) inhibitors – an exceedingly common class of drugs for high blood pressure – during the first trimester were nearly three times more likely to have babies with major birth defects. By then, ACE inhibitors had been on the market for more than three decades, and they had traditionally been considered safe for use during the first trimester. If researchers had studied the drugs earlier, countless birth defects likely could have been prevented. What’s inside?

That’s the irony of the thalidomide story. Traditionally, it is used to justify excluding pregnant women from research. But thalidomide wasn’t actually tested in pregnant women before it went on sale. The drug is so catastrophically disruptive to fetal development that even a small trial would likely have revealed its dangers, sparing thousands of children. “If we did a better job of researching drugs in pregnancy before we approved them, we would have been able to avoid the thalidomide crisis,” Little says. “The lessons we learn from the past aren’t always the right lessons.”

Denying pregnant women access to clinical trials also leaves doctors in the dark about how to treat expectant mothers who do fall ill. As Lyerly, Little and Faden have written, “Pregnancy, it turns out, is an off label condition.” In fact, in the months immediately after they founded the Second Wave Initiative, a wily new virus made this danger frighteningly clear. In April 2009, the US Centers for Disease Control and Prevention (CDC) announced that a previously unknown strain of H1N1, or swine flu, had sickened two American children. By June, the virus was in more than 70 countries, and the World Health Organization had declared a full-fledged pandemic. Pregnant women were at particular risk, being more likely to become seriously ill, require hospitalisation and die than those in the general population; during the first two months the virus was in the USA, at least six pregnant women died from it.

CDC recommended oseltamivir – an antiviral medicine commonly known by its brand name, Tamiflu – for pregnant women. Although a few small observational studies had suggested that the drug was unlikely to cause birth defects, the data was limited. What’s more, many of the body changes that accompany pregnancy, including increases in blood volume and changes in liver and kidney function, affect how the body processes drugs, often in unpredictable ways. Unless a compound has been tested in expectant mothers – and at the time, oseltamivir hadn’t been – doctors can’t be sure what dose to prescribe. “We were worried about the absence of good data about Tamiflu and the possibility that we might be dosing it wrong,” Lyerly recalls.

They were right to be worried. Subsequent research, published in 2011, suggested that pregnant women clear the drug from their bodies more quickly than non-pregnant women, which means that expectant mothers who took the drug during the pandemic may have been significantly under-dosed. Indeed, some doctors speculated that one reason pregnant women appeared to be particularly vulnerable to the virus was because they were getting doses of antivirals that were too low. Pregnant women had been spared the risks of research, but they’d become guinea pigs all the same.

Over the past ten years, Shifneez Shakir, a former chemistry teacher who lives in the Maldives, has navigated three difficult – and very different – pregnancies. Shifneez has a severe form of sickle-cell disease, an inherited disorder that causes her red blood cells, which are normally plump and round, to transform into a crescent shape. These deformed blood cells can clog the circulation, starving the body’s tissues of oxygen and causing periodic ‘crises’, or episodes of intense pain. Women with the disease are also at increased risk for having premature or abnormally small children, as well as miscarriages and stillbirths.

The only medication known to actually treat sickle-cell patients’ underlying disease is an anticancer drug called hydroxyurea. Scientists have not systematically studied the drug’s safety in pregnant women, but high doses can cause birth defects in lab animals, and women are typically advised to stop taking it before having children. And so during her first two pregnancies, in 2005 and 2008, Shifneez dutifully discontinued the only medication that could keep her blood flowing smoothly and her crushing bone pain at bay. Her health deteriorated rapidly, and 11 weeks into her first pregnancy, she miscarried. “I was devastated,” Shifneez recalls. Although her second pregnancy gave her a beautiful, healthy son, she had a major crisis in her second trimester and had to be hospitalised.

In 2013, when Shifneez got pregnant for the third time, she was determined to avoid another crisis. This time, she decided, she would not give up the hydroxyurea. Although she remained healthy throughout her pregnancy, few of her doctors supported her decision. When they discovered she was taking the drug, they flat-out advised her to get an abortion. And at first, Shifneez and her husband were reluctant to tell their friends and family that they were expecting another child, in case a termination became necessary. Shifneez believed that she had made the best decision she could, given the limited data, but she remained worried about the consequences. Even regular ultrasounds failed to allay all her fears. What if the baby had a defect or abnormality that the scans could not detect? “I kept mentally preparing myself for the worst,” she says.

On 1 July 2014, her daughter Eiliyah was born. “And the first thing I asked was, ‘Is she OK? Is everything OK with her?’ I was very nervous. And then I saw her.” She was 2.9 kgs, and she was perfect. “It was the most incredible moment,” Shifneez says. And yet, with her daughter more than a year old, Shifneez finds that the anxiety lingers. She worries that the medication may have caused abnormalities that are not yet apparent and keeps a close eye on her daughter’s development. “It feels like such an achievement when she crosses every milestone,” she says.

For the millions of women around the world who may need medication while pregnant, there are no easy choices, or right answers. Each patient, experts say, should think carefully about her own health needs and priorities and carefully weigh the benefits and risks of her specific drug regimen. Of course, that’s difficult to do without data.

* * *

© Laura Breiling

© Laura Breiling

After the 2009 swine flu pandemic broke out, the US National Institutes of Health (NIH) launched a clinical trial of the new H1N1 vaccine specifically for pregnant women, who would be randomly assigned to receive one of two different dosages of the vaccine. The researchers filled their study quota quickly, and when Lyerly and Faden interviewed the volunteers, they learned that the women’s motivations for participating were astute and varied. Some wanted early access to a potentially lifesaving vaccine, others wanted to help advance scientific knowledge, and others thought that it would be safest to get the vaccine within the context of a clinical trial, in which they’d be carefully monitored. “Women were beating down the doors to get into the flu vaccine study,” Lyerly says. “The idea that pregnant women wouldn’t participate in a study is not true.”

But this willingness hardly matters if scientists don’t launch such studies in the first place. Lyerly, Little and Faden hope that their latest endeavour will help remedy this problem by encouraging more scientists to perform research with pregnant women and making it easier for them to do so. Their new, NIH-funded project focuses on HIV. Although preventing women from transmitting HIV to their children has long been a scientific priority, pregnant women are still largely excluded from trials of HIV-related drugs that could benefit their own health. In 2013, the troika set out to help close this research gap, joining with Anna Mastroianni, a legal scholar at the University of Washington, to launch a project they called PHASES (Pregnancy and HIV/AIDS: Seeking Equitable Study).

The four women are working to understand the reasons pregnant women are routinely excluded from these trials and to devise potential solutions. By the time the project wraps up in 2019, they plan to have produced a set of “practical, user-friendly” guidelines for studying pregnant women. Though their focus will be on HIV, the lessons they learn, and the guidelines they ultimately develop, should be relevant for scientists who want to study other illnesses. “Our goal is nothing less than coming up with an empirically grounded and consensus-based ethical and legal framework for how and when you can do research with pregnant women,” Little says.

They will also highlight specific strategies for gathering data on pregnant women in an ethically defensible but scientifically rigorous manner. Although scientists can and should study expectant mothers who have already made the choice to take certain medications, tracking their pregnancy outcomes and drawing their blood to study how the drugs are being metabolised, these opportunistic studies have limitations. (Among them that it can take decades to find and enrol enough women to draw significant conclusions.)

Conducting a traditional clinical trial ­– the gold standard in medicine – is trickier, but not impossible, especially if scientists think creatively. The PHASES team has highlighted a series of trials of tenofovir gel, which can protect women from HIV when applied inside the vagina, as one particularly innovative model.

To learn about the drug’s safety and dosing during pregnancy, a team of scientists based at the University of Pittsburgh gave a single dose of the gel to 16 pregnant women who had been previously scheduled to have Caesarean sections. The women received the drug just two hours before their deliveries, when the medication was unlikely to seriously harm a fetus. Once the researchers determined that pregnant women appeared to absorb the drug normally, and that very little of the compound reached the fetus, they pushed the exposure slightly earlier, giving the gel to women who were 37 to 39 weeks pregnant, and then to women who were 34 to 36 weeks along. Such studies will never be completely risk-free – nothing in clinical research or medicine is – but by being slow, deliberate and patient, researchers can minimise the chance of harm.

New laws could also help nudge drug companies in the right direction. The USA has spurred paediatric research by offering pharmaceutical companies extensions of their drug patents if they conduct studies with children; a similar strategy might also stimulate research with pregnant women. (As it currently stands, pharmaceutical companies have powerful disincentives to conduct such studies. If a medication that’s currently on the market turns out to cause birth defects, its manufacturer can argue that the compound was never approved for use in pregnant women. But if a company does conduct a small trial, labels a medication safe for use during pregnancy, and then the drug is later discovered to be dangerous? In that scenario, the pharmaceutical company has opened itself up to a barrage of lawsuits.)

There are small signs of progress. This autumn, the Council for International Organizations of Medical Sciences released a set of proposed revisions to its influential International Ethical Guidelines for Biomedical Research Involving Human Subjects. Among other changes, the new draft guidelines now emphasise the need for more research into the health needs of pregnant women and more clearly detail the level of risk that is acceptable in such studies. “The hope is that with more guidance, people will be less reluctant to conduct research,” says Annette Rid, a bioethicist at King’s College London and a member of the working group that revised the guidelines.

Meanwhile, pregnancy registries are continuing to track women who take certain medications, and several organisations and institutions have launched programmes to accelerate research. A handful of scientists are conducting full-fledged clinical trials with pregnant women, but the scale of the problem is huge, and experts say they need more funding for this work and more colleagues to join them in their efforts. In the meantime, pregnant women can seek advice on the risks and benefits of particular drugs from free teratology information services, and those who want to help advance scientific knowledge can volunteer for pregnancy registries. But until scientists do more controlled, rigorous studies, millions of women will be forced to muddle through, making medical decisions without the scientific evidence that many other patients take for granted.

For each of the last several years, a professor at the University of North Carolina’s Gillings School of Global Public Health has invited Anne Lyerly to give a guest lecture to her class. And every year, after Lyerly finishes her lecture, the professor announces that during her own pregnancy, several decades ago, she took a drug called Bendectin. The drug, which was used to treat morning sickness, was later pulled from the market after a barrage of lawsuits alleged that it caused birth defects. Reams of data now suggest that the medication is safe, and the Food and Drug Administration reapproved it, under a different name, in 2013. But this professor still couldn’t quite shake the gut-wrenching fear that she had somehow hurt her child.

“This is no way to practice medicine,” Lyerly says. “Women suffer. And they don’t just suffer during pregnancy.” Even when their stories have happy endings, the uncertainty can leave women with worries that ripple through their lives, an enduring unease that – simply by trying to alleviate their own nausea or headaches or depression – they might have harmed the people they love most.

This article first appeared on Mosaic and is republished here under a Creative Commons licence.

A Shocking Death on Mumbai’s Tracks is Just One of Many Hundreds

Even in a city used to passenger deaths, the video of a commuter falling is a shocking reminder of the hazards of train travel in Mumbai

Commuters in the compartment of a Mumbai suburban train. (Photo: Rajendra Aklekar)

Commuters in the compartment of a Mumbai suburban train. (Photo: Rajendra Aklekar)

An amateur video of a young man falling to his death from a Mumbai suburban local has graphically brought to the fore an issue that is widely known but barely discussed – severe overcrowding. The short video shows 21-year-old Bhavesh Laxman Nakhate grimly hanging on to a pole but even while other passengers try and hold on, he falls from the speeding train.

Nakhate, who was employed in a logistics company, got on to the train at Dombivli at just before 9 a.m., which is peak hour. In recent years, Dombivli, which is nearly 50 km away from the business district of South Mumbai, has rapidly developed and this has put inordinate pressure on passenger trains which carry thousands of commuters on the north-south axis. As the train picked up pace, he held on, but could not do it for long and slipped.

Another passenger filmed it on his phone and the video went viral, and even if train deaths are routine, it has left the city shocked. According to official figures, 3,466 people died on the Mumbai suburban railways system in 2014—that’s almost 10 passengers a day. It is a shocking number that has steadily grown as the number of commuters has increased over the years. The deaths are due to several reasons like overcrowding, crossing of tracks (what is termed as trespassing), falling in the gaps on platforms while boarding, roof-top travel by daredevils, leading to accidents and electrocution and hitting the electric poles due to hanging out.

The Mumbai railways system is the busiest in the world. It is called Mumbai’s lifeline–a small disruption can create havoc, throwing not just train services but also the city itself out of gear. A staggering 7.5 million passengers travel every day, most of them from the commercial areas of the south to the growing suburbs in the north. Due to historical reasons, the city has two parallel rail lines run by two separate administrative zones of Western and Central Railway; the latter ferries more passengers than the former. During rush hours, the trains carry 5,000 passengers, three times the official capacity.

There is no way that the railway authorities can increase capacity overnight, but several measures can be taken to cut down the number of accidents. Railway authorities claim they have fenced areas near tracks, raised the height of platforms and even fined those who try and clamber on to the roofs, but clearly it is not enough.

Overstretched system

The fact is that the Mumbai suburban railways system is stretched beyond its natural capacity. The network is choked with back-to-back local trains that leave every three minutes, punctuated by entering and existing national trains. No new lines have been added for at least two years. For years, there has also been talk that the suburban networks should be made independent commercial bodies, thus allowing them to raise funds independently instead of relying on the national Railway budget.

An operational solution would be to add more corridors, but that requires land as well as funding. Work is going on in different parts of the network – including where Nakhate fell – to segregate national and suburban trains, which would add capacity, but some issues with local civic bodies have held it up. The lack of pedestrian bridges means that trains have to stop at level crossings, which slows them down; consequently, more services cannot be added.

The biggest reason for the overcrowding is the rapid growth in the suburbs, thanks to unbridled – and unplanned – development and construction. With land available in abundance, builders have rushed to construct large townships, but work places, schools and other amenities are still far away; there is no option but to travel long distances.

The Railway Minister Suresh Prabhu is from Mumbai—he knows the severe problems that the system faces and the constraints it works under. Accidents such as this one will not stop soon, but the video of Nakhate’s death should prompt the government to speed up measures to make suburban railway travel in Mumbai not just smoother and faster but also safer.

Rajendra B Aklekar is a Mumbai-based journalist and author of a book on India’s first rail line

US Confidential Note to Select Countries Sets the Terms for Talks

While all countries earlier agreed that the Paris agreement would be signed under the UN climate convention, India and others have warned against attempts to change the terms and conditions through the backdoor.

The US wants the distinction between developed and developing nations scrapped, and for all nations to contribute to reducing emissions, a move that doesn't sit well with India. Credit: Wikimedia Commons

The US wants the distinction between developed and developing nations scrapped, and for all nations to contribute to reducing emissions, a move that doesn’t sit well with India. Credit: Wikimedia Commons

Days ahead of the launch of the talks, the has confidentially informed select countries of what it believes the important features of the Paris  agreement.

In a ‘non-paper’ shared with select countries, the US has said it wants the successive round of pledges under the proposed Paris agreement to be determined independently by each country and not through a process of international negotiation.

It has said that the wall of differentiation between developed and should be done away with consequently doing away with any notion of historical responsibility. Along with it, it wants developing countries to also contribute to the climate funds in future and not just the developed countries as is required for the on Climate Change, under which the Paris agreement is being stitched.

In the ‘non-paper’ the US has also informed select countries that it wants the long-term goal of the Paris agreement to be defined as the “collectively aiming to achieve climate neutrality over the course of this century” – a controversial term which countries such as Indian have opposed.

Business Standard reviewed the confidential non-paper shared by the US administration with select countries. Queries on the contents of the paper were sent to the office of the US special envoy on climate change Todd Stern and the country’s communication team for the Paris meet. Replies were not received by the time of going to publication. If received later they would be appended to the story online.

The document, in one part, reads, “What is expected from countries should be differentiated to capture their varying circumstances and capabilities today and in the future, not based on outdated categories (“Annex 1/non-Annex 1″ or “developed/developing”) created in 1992.”

At the moment the UN convention distributes the burden of emission reduction and other actions based on the principle of common but differentiated responsibilities, respective capabilities and national circumstances. Through this the historical responsibility of developed countries gets acknowledged in causing climate change through their accumulated emissions.

But the US, in its non-paper, has ignored these principles and wants the Paris agreement to focus only on existing economic capabilities of countries and their existing circumstances. India has strongly opposed this earlier.

Ajay Mathur, member of the Prime Minister’s council on climate change, in an interview to the Business Standard had said, “The differentiation was done for a very specific purpose. It was to make differentiation between those who are responsible for historic emissions and those who are not. That calculus and those numbers haven’t really changed. We don’t see why that concept should be swept under the carpet.”

The document also says the Paris agreement should be “centered on nationally determined mitigation contributions”. The phrase ‘nationally determined’ was emphasised in the document.

In the run up to Paris, there has been a tussle between countries whether an international mechanism should be in place to determine how much countries should ratchet up their pledges periodically or whether countries should be allowed to do so of their own will based on an assessment (referred to as a stock-taking) of how collectively all countries are close to keeping global temperature rise in check. India too believes the targets should be ‘nationally determined’ and not enforced through an internationally mandated mechanism.

On the issue of climate finance, the US, in the confidential document, says “all countries in a position to do so should be encouraged to support developing countries in need of support.” This militates against the existing principles and provisions of the UN convention, under which the Paris agreement is to be signed. The convention only requires the developed countries listed in Annex I of the convention to provide the finance for developing countries to take climate action and protect themselves against inevitable climate change.

At the moment the rich countries have committed to provide US $100 billion annually by 2020 but the funds collected as public funds of these countries on a one-off basis into the Green Climate Fund remain below US $6 billion.

While all countries earlier agreed that the Paris agreement would be signed under the UN climate convention, India and others have warned against attempts to change the terms and conditions through the backdoor. India and several others have opposed the move to ask developing countries to also contribute to the climate funds.

On the long-term goal embedded in the draft Paris agreement, the US has said, “Paris Agreement should contain an ambitious but straightforward long-term goal to collectively aim to achieve climate neutrality over the course of this century.”

So far, the world has accepted the long-term goal of the Paris agreement should be to keep global temperature rise below 2 degree Celsius by the turn of the century. The term climate neutrality is not formally defined in the UN climate convention but is often read to mean that countries can continue to emit some levels of carbon emissions in their domestic economies as long as they can offset these by taking action in other geographies.

Large sections of civil society have criticised the idea for giving developed countries an easy way out to not take actions to reduce emissions from their own economic activity. India has repeatedly opposed the inclusion of new terms that are not defined clearly in to the Paris agreement at this late stage of the negotiations.

This article originally appeared in Business Standard.

Deus Sex Machina: The Ethics of Robot Love

The idea of falling in love with a robot may appear outlandish today, but who knows how it will play out in the future?

A publicity still from the film Ex Machina

A publicity still from the film Ex Machina

There was to have been a conference in Malaysia last week called Love and Sex with Robots but it was cancelled. Malaysian police branded it “illegal” and “ridiculous”. “There is nothing scientific about sex with robots,” said a police chief.

However, others believe there are many interesting and important aspects of intimate robot partners that are worth researching and discussing.

There is a lot of science in Ava and Kyoko, the sexually capable robots in the movie Ex Machina, for example. Concepts raised in the film include the Turing Test and the Mary’s room thought experiment of ANU’s Frank Jackson, among others. Although, inevitably, as is the way of fiction, the robots turn on the humans.

Robophobia

Putting aside the Artificial Intelligence (AI) and robophobic tropes of movies such as Oblivion, Robocop and Transcendence, is there a moral issue when it comes to intimacy with a robot?Some believe there is.

There is a Campaign to Stop Sex Robots, which has called for sex with robots to be banned. The organisation’s argument is that sex robots would reinforce gender inequality. It links to similar arguments made against pornography and prostitution.

However, if you argue that something ought to be banned because it reinforces gender inequality, you would be committed to banning the Iliad or various plays by Shakespeare, or novels by Jane Austen. If this is the objection, one could no doubt develop sexbots that do not reinforce gender stereotypes, either in behaviour or form.

A more salient concern about sexbots might be: what would happen if everyone started bedding bots? What would be the trajectory? Where would humanity end up if these devices proliferated?

Perhaps we’d be in much the same place as we are now. The invention of sex toys has not stopped people getting married and having babies. Slippery slope arguments are intuitively tempting but they need strong gravity and weak friction.

Arguments in favour of sexbots put by proponents, such as David Levy, are that robot prostitutes are a lesser evil than human prostitutes. They will reduce incentives to traffic humans and subject them to the “degradation” of sex work. Robot prostitutes might be safer than human ones, and therefore preferable.

Perhaps the stickiest moral problem is whether sex with a robot would count as adultery. But does an orgasm with a toy count as adultery? A sexbot today might be little more than a programmed artefact, but by 2050, who knows what it might look resemble?

Artificial bonding

Perhaps a more tractable moral issue in the short term is what Matthias Scheutz, Director of the Human Robot Interaction Lab at Tufts University, calls “unidirectional emotional bonds”. This is where someone falls in love with a robot, but the robot cannot fall genuinely reciprocate the sentiment.

It is well-known that humans affectively bond with robots. People name their robot vacuum cleaners, and even introduce them to their parents by name. Gnarly bomb disposal specialists beg the Baghdad robot hospital to fix their beloved blown-up robots because they have gone through hell together.

One could plausibly program a robot to go through the motions of expressing love. It could gaze at you with robo-dilated eyes, or could hold your hand and smile at you. It could play music like the “Gigolo Joe” character in Steven Spielberg’s movie Artificial Intelligence. It could do all this and yet feel nothing.

It might have an ability to sense your affective states and produce actions that you would interpret as emotions, but inside the robot there would be no feeling, just a Turing machine applying its rulebook to sensory inputs, passing scripted outputs to its actuators.

Is it moral?

The robot would act “as if” it loved you, but it would not love you any more than a rock would love you. Is this moral? Should such devices be banned?

Personally, I think not, as long as we understand exactly what we are getting into bed with. People already get into bed with animated yet lifeless artefacts. There are artefacts on the market that enable people to experience orgasms. Are machine generated orgasms as good as the real human deal? Who is to judge? Opinions differ.

I do not see a persuasive case for banning sex toys, whether they are manually or remotely piloted or even embodied and autonomous. However, there is a case for a health warning to ensure people know about unidirectional emotional bonding. Robots may be able to perform sex acts today but it may be decades or centuries before they can return your love.

Sean Welsh is Doctoral Candidate in Robot Ethics at Canterbury University.

The Conversation

This article was originally published on The Conversation.

Having the Freedom to Love Freely, Above All Else

The right to love, the right to dissent and right to question seem now more at risk within the Indian subcontinent than ever before.

We'd achieved a certain inclusiveness that the West is only aspiring for today. A scene from the Bengaluru pride parade, 2009. Credit: lighttripper/Flickr, CC BY 2.0

We’d achieved a certain inclusiveness that the West is only aspiring for today. A scene from the Bengaluru pride parade, 2009. Credit: lighttripper/Flickr, CC BY 2.0

They mock me if I fall silent
I’m done for if I dare speak

– From Kafi 16, Madho Lal Hussein.

On November 29, a few thousand people will walk in Delhi to celebrate queer pride. As they do so, they will be reinforcing their right to love. This event is particularly poignant in times of love-jihad and intolerance. As they march, they will be walking a well-plotted path in the sub-continents history, which has celebrated and accepted expressions of same-sex love in the past. A history that was systematically decimated by our colonial rulers to end our diversity and plural traditions, one that we are also actively working to destroy today.

The story of Madho Lal Hussain, one of the most celebrated and revered medieval saints of the Indian subcontinent, is an illustration of this tradition. A Sufi, Hussain’s passionate love for a young Hindu man named Madho is well-known. He loved him so fervently that he came to be known as Madho Lal Hussein. These lovers, Madho and Shah Hussein, lie buried next to each other outside the Shalimar Gardens. Each year thousands congregate at their mazaar to commemorate their love – both spiritual and worldly.

Rereading Shah Hussein in these intolerant times, when one may as easily be killed for professing love that questions societal boundaries as easily as one may be for eating beef, is particularly comforting. Though neither of these acts are criminal either by law or by historical tradition.

Ironically, recent claimants to the sub-continent’s golden past and historical traditions often obfuscate the truth about its greatest tradition of accepting love in all its diverse forms. There are numerous stories of same-sex love across religious cultures in the Indian subcontinent. We have always celebrated love in every hue and form and considered it a path to the divine. The story of Madho Lal Hussain makes many transgressions that would barely be tolerated today in India, Pakistan or Bangladesh, yet his story endures and, if we look closely, guides us through our history.

Still negotiating their colonial baggage and history, nations in the Indian subcontinent seem determined to accept notions of Victorian morality instead of understanding and celebrating their own traditions of love. The right to love, the right to dissent and right to question seem now more at risk within these countries than ever before. Ironically, they deny their traditions of tolerance and diversity, unable to recognise that we had achieved a certain inclusiveness that the West is only aspiring for today. 

A Hindu loving a Muslim, a Dalit loving a Brahmin, a man loving another – crossing such boundaries can be punished in numerous ways by law and by society. But none are more severe than a denial of love itself; if we are not allowed to love freely, how do we negotiate other rights? What do they really mean?

In that crowd on November 29, there will be parents, lovers, friends and supporters. The press will be jostling for mesmerising images. The crowd will carry on unperturbed because they couldn’t care less about what anyone thinks of them. There are those that will be forced to wear masks – that does not mean that their right to love has been curtailed. That they still chose to walk merely reaffirms it.

The right to express same-sex love may not exist today but the ability to love always will. A court may give or take a right, a society may not grant equality and acceptance, but the human condition seeks what it wants. If it wants love, it will seek it no matter how illegitimate you make it.

Archaic laws, intolerance, prejudices and ignorance will not stop this seeking. Instead they will spur it. In times of growing intolerance, a parade like this will only reinforce the right to love, to live in equality and with freedom. It’s a protest against a deliberate inequality that society inflicts on millions that are different. It’s also a reminder to those intolerant ones that expressions of love are diverse.

Those that will watch from the sidelines may be startled; few others may look away in disgust or in apathy. How the onlookers view this parade is insignificant. It will not matter to those who participate in it. Like Shah Hussein they are used to derision toward expressions of their love.

Love will thrive, even in these intolerant times. The more you forbid it, the more fervently we will love. Here, too, Shah Hussein provides hope and courage when he writes: Let’s live, next to the lover let’s live; Litany of sins, heaps of mockery, let’s bear it all living close to the lover.

Not Just Cows, This Artist Uses Other Animals to Make His Point

Siddhartha Kararwal emphasises his work is not political, but just his way of looking at the times we live in

The plastic cow which taken away by police from the Jaipur Art Summit

The plastic cow which was taken away by police from the Jaipur Art Summit

Young artist Siddhartha Kararwal’s blog opens with an October 5 entry – of an assemblage made of plastic toy cows. The white, black and brown art work features the hind half of a few toy cows, assembled to look like a donut, titled “Forbidden Fruit.”

The Jaipur-based sculptor — in news recently after his installation roused the ire of right-wing cow lovers — has not displayed “Forbidden Fruit” in any art show yet. You point out to him that at a time when his Styrofoam cow — “Bovine Divine” — was brought down from air to be garlanded and “saved” with police help, the “Forbidden Fruit” may also very well run the risk of “getting political”. The farcical episode ended with the detention of two artists associated with the Jaipur art festival and eventually, the Chief Minister apologised for the ham handed way the police handled the case.

The 2009 alumnus of M.S. University, Baroda, point blank says he is not being political. “These days I have been hearing a lot about the cow, beef eating, etc. in public discourse. ‘Forbidden Fruit’ is my way of showcasing it. Though there is an element of satire in it, I am not taking any political stand through it. I am just a bystander in it, an artist noting the times. The use of a soft material like toys in it expresses my political neutrality.”

Those who always see red when it has anything to do with the cow may not get his point. Like they didn’t about his “Bovine Divine” — a Styrofoam cow pushed 100 feet into the air with the help of a balloon. “That too was also not political, just a pop-up to showcase, with humour, the reality, the times that cows are facing in a country where the majority holds them sacred. I wanted to show that while many are talking about saving the cow, this cow is trying to fly out of India because it has to eat plastic,” says the artist. “In fact”, he adds, “those who opposed it should have seen it as an appeal to save the animal from eating plastic which causes a painful death.”

Man on the horse (Photo: Siddharth Kararwal)

Man on the horse, which is made out of shirts (Photo courtesy: Siddhartha Kararwal)

A peek at Kararwal’s repertoire gives a good idea as to why he came up with “Bovine Divine”. Birds and animals have been a strong part of his creative sensibilities. A horse made of shirts (A Man on a Horse), a tiger from newspapers (Paper Tiger), a buffalo fashioned out of garbage bags (Funny Garbage), a rabbit made of LED tubes and red bulbs (Albanoalba), birds with paper, cloth and metal, feature in it. All to demonstrate what humankind does to animals.

“My ‘Paper Tiger’ was similar to ‘Bovine Divine’ in terms of thought. In 2009, I made a tiger from newspapers to show that the need to save the tiger is seen only in papers while the animal is dying,” points out Kararwal. He has made a series of dead birds and animal skins by using a variety of interesting material to highlight what man does for their comfort.

“These animal installations are my way of expressing that whatever experiment we do, we always end up making the animal the victim of it. It is the animal that is sacrificed eventually, even if we talk about saving it,” he states.

Kararwal uses a wide assortment of material to express these thoughts innovatively, a reason why he has increasingly been noticed as a talented, upcoming artist. In the 2013 India Art fair, he presented “Albanoalba”, an-8 feet high rabbit made of LED tubes, red bulbs and sound sensors. In 2012, “Lick Stick”, a giant tongue made of silicon was displayed at an exhibition in Latitude Art Gallery, New Delhi. His “A Man on Horse” is shaped with 150 shirts wrapped around iron.

“I use a variety of materials that helps me realise my work. Like plastic bags, foam sheets, fire-crackers, card-board, bronze, iron, copper, fibre, clay, plaster of Paris, etc. My ideas and my forms together attempt to reconstruct a reality where even a piece of cardboard in the pedestal has a conversation with the viewer,” he says.

His latest interest is in children’s toys and play things. “Action figures, guns, jigsaw puzzles, mobile/kinetic sculptures like remote-controlled cars or hot wheels seem to me like a zone where reality is elevated almost to this loud, maniacal super-reality. And it is in this zone of the ‘super real’ that I find my interpretation of reality fit most comfortably. These are the tools I like to use to, in some sense, write an account of the time and space that I live in,” he explains.