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Friday, 30 January 2015

Pakistanis fleeing offensive find new dangers in Afghanistan

Pakistanis fleeing offensive find new dangers in Afghanistan

By AP
Refugees at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Refugees at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
KHOST: Tens of thousands of Pakistanis have sought shelter at a sprawling refugee camp in a volatile region of Afghanistan after crossing the mountainous border to escape a military onslaught against insurgents.
For decades Afghans have fled into Pakistan to escape war and upheaval, but in recent months the tide has reversed, with some 60,000 Pakistanis, more than half of them children, taking refuge in the Gulan camp, some 20 kilometers from the border in the restive Khost province.
Refugee schoolgirls play at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Refugee schoolgirls play at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
“We knew the military operations would last a long time once they started,” said Malik Omardin, a tribal elder who came from the Pakistani town of Datta Khel. “It's a mountainous area and the insurgents are very strong on their own territory, so the government will have a hard time finding and destroying the Taliban.“
More than 210,000 Pakistanis have crossed into Afghanistan from the neighboring North Waziristan province since the Pakistani military launched a long-awaited offensive in June against Taliban and other foreign militants, who have long used the lawless tribal region as a launch-pad for attacks in both countries.
Refugee schoolgirl speaks to her fellow classmates at Gulan camp, some 20 kilometers  from the border in the restive Khost province, Afghanistan. — AP
Refugee schoolgirl speaks to her fellow classmates at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Eastern Afghanistan is an unlikely refuge. Khost and neighboring Paktika, where most of the refugees have sought shelter, are among the most dangerous provinces in the country.
Local security forces have struggled to combat the Taliban following the withdrawal of US and NATO forces, and the insurgents are expected to launch a fresh offensive in the spring.
Refugee men walk past de-miners working, at Gulan camp, some 20 kilometers (12 miles) from the border in the restive Khost province, Afghanistan.— AP
Refugee men walk past de-miners working, at Gulan camp, some 20 kilometers (12 miles) from the border in the restive Khost province, Afghanistan.— AP
On the edge of the camp, mine removers wearing the UN's pale blue body armor scan the dusty ground for ordinance left over from decades of war.
But inside, local traders have set up stalls selling fresh produce, giving the camp an air of permanence.
In this Monday, Jan. 19, 2015 photo, an Afghan plain cloth security personnel, holds his weapon as he walks among Pakistani refugees, at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan.— AP
In this Monday, Jan. 19, 2015 photo, an Afghan plain cloth security personnel, holds his weapon as he walks among Pakistani refugees, at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan.— AP
And the Pakistanis say they have been welcomed by local Afghans, many of whom had found shelter on the other side of the border in past conflicts.
A grand offensive was launched in North Waziristan tribal region last June after a Taliban-claimed attack on Karachi's international airport.
The government warned residents to flee, and some 93,000 families, up to 750,000 people, have been displaced inside Pakistan.
The Pakistani military says it has killed hundreds of militants, but journalists are barred from the region so it is not possible to verify the claims.
North Waziristan is one of seven tribal regions near the Afghan border where local and foreign militants, including the Pakistani Taliban, al Qaeda and the Haqqani network, had long enjoyed safe haven.
A parallel offensive is taking place in the neighboring Khyber tribal region to pursue militants fleeing North Waziristan.
The conflict goes back more than a decade, with the Pakistani government carrying out sporadic assaults on insurgents and US drones targeting them from the air.
The militants respond by attacking security forces and residents accused of spying on them, leaving communities gripped by fear.
“The Taliban come at night to place bombs on the roads, which explode and kill soldiers as well as local people, so then the government comes in to hit them back,” said Shir Azia, a tribal elder from Miran Shah, in North Waziristan.
“We don't care whether it is the government or the Taliban in control, we just want to live in peace,” he said. “We have lost everything because of the fighting.“
A refugee teacher holds books in front of an open classroom at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
A refugee teacher holds books in front of an open classroom at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
UN agencies are working closely with provincial authorities to provide shelter, food, water, health facilities and schooling for the refugees.
Recent arrivals include a high number of households headed by women as men seek work elsewhere, a normal development in refugee communities as resources run low.
Refugee schoolgirls attend class at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Refugee schoolgirls attend class at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Bo Schack, the UN refugee agency's director in Afghanistan, said he does not expect the flow of refugees to stop any time soon.
More than 40,000 families, averaging 7.5 people, have crossed into Afghanistan, he said.
A refugee schoolgirl attends class at Gulan camp, some 20 kilometers (12 miles) from the border in the restive Khost province, Afghanistan.— AP
A refugee schoolgirl attends class at Gulan camp, some 20 kilometers (12 miles) from the border in the restive Khost province, Afghanistan.— AP
Children account for 58 per cent of the Gulan camp's population.
Initial concerns that militants could use the flow of displaced people as cover to sneak across the border have eased.
“Our firm impression is that those we are supporting are civilians,” Schack said.
However, diplomats and others familiar with the situation on the border have said they believe there has been a spillover of insurgents fleeing the offensive into Afghanistan.
“It is inevitable and unavoidable that militants are coming in this direction, and there will be problems for the Afghan authorities as a result,” said one Western diplomat, speaking on condition of anonymity because he was not authorised to discuss the matter publicly.
Refugee children at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Refugee children at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
The camp bristles with weapons and armored vehicles, as Afghan police try to keep the peace, ensuring orderly queues at water trucks and registration desks.
In classrooms erected on the edge of land recently cleared of mines, children learn English by rote chanting.
Outside, new arrivals aged between three and 10 years old squat patiently as they wait for their classes to begin.
Refugee schoolgirls attend class at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
Refugee schoolgirls attend class at Gulan camp, some 20 kilometers from the border in the restive Khost province, Afghanistan. — AP
A plainclothes policeman paces nearby with an automatic rifle slung over his shoulder.
Ten-year-old Hayatullah Khan said he arrived at Gulan two months ago with his parents and four brothers.
He misses his toy car, which he had to leave behind. “We are not happy here,” he said after class. “We want our homes. We have left behind our madrassas and schools. We have come here with nothing. “

Asad Shan's 'Welcome to London' hits screens today


Sabeeka Imam and Asad Shan. - Publicity photo
Sabeeka Imam and Asad Shan. - Publicity photo
After leaving behind his life as an investment banker in order to follow his passion, Asad Shan wanted to etch out a place for himself in the film fraternity. Quickly making a name for himself as a top fashion model and one of the most sought after veejays in India, Britain-based actor of Pakistani origin Shan has now transitioned into a producer, director and actor with his debut movie, Welcome to London.
The romantic thriller is about Jai, played by Shan, who is an immigrant from Punjab, who has left his debt-ridden family behind and moved to London. Through the struggles and hardships of adapting to the London life, Jai finds hope, friends and love in the most unlikely of places. However, one phone call changes everything and Jai is quickly thrown deep into a dark and dangerous existence, ruled by raw urban law.
Conveying what makes the movie unique, the former Mr Asia UK 2004 says: "The combination of taking a subject of today, which also includes culture shock or expat conundrum, and turning it into a blockbuster is what makes this film unique. Having great Pakistani music artists also enhanced what the movie has to offer. This is an out and out commercial film and not preachy or sad. It hits third gear and jumps to gear 50."
Question is, why did it take the movie so long to be released in Pakistan, considering that it saw its first release in the United Kingdom in 2013? Responding to this, Asad shares: "We were caught up in a legal wrangle with a distributor, which was unfortunate as we wanted to bring the film over to Pakistan as soon as possible. However, once we got out of the contract, we started working on the release right away and the recent revival of cinema in the country made the process a lot smoother. Plus, the delay will not affect the viewing experience. The film is set in a particular month of a particular year and so is evergreen and fresh as a daisy."
Sabeeka Imam plays Asad Shan's romantic flame. - Photo courtesy: Welcome to London's official Facebook page.
Sabeeka Imam plays Asad Shan's romantic flame. - Photo courtesy: Welcome to London's official Facebook page.
Welcome to London's star-studded cast includes supermodel Sabeeka Imam, Tim Hibberd, Javed Khan, Aliakbar Campwala and Greg Kwolski among others.
Shan is quick to reveal: "Sabeeka has zero make-up on in this film."
The Britain-based actor of Pakistani origin adds: "We hope that Pakistan as a nation will enjoy this movie as it contains all the rightmasala elements, like love, friendship, family, suspense and action."
Welcome to London opens nationwide today.


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Inzi's pick: 12 players who deserved World Cup glory

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ICC EXCLUSIVE
There are countless talented cricketers who had worked tirelessly throughout their careers to have their hands on the coveted ICC Cricket World Cup trophy, but the title of world champion eluded them.
I was one of those lucky ones to be part of the winning ICC Cricket World Cup squad when hardly anybody knew who Inzamam-ul-Haq was. While the sweet memory of that Crystal Ball at Melbourne Cricket Ground in 1992 is still fresh in my mind, I really feel sorry for greats like Sir Richard Hadlee, Zaheer Abbas, Abdul Qadir and Dennis Lillee who quit the game without winning the World Cup.
While sitting back and recalling the names of those unluckiest greats, here's my team of 12 players, who deserved to be part of the winning World Cup sides, at least, once in their careers, but unfortunately couldn't do so.
  1. Saeed Anwar: Before openers like Matthew Hayden and Virender Sehwag took the world by storm, if one had to pick an opener in one-day cricket, he was the man for the slot. There weren't many players during his playing days who had batted at a strike-rate of 80 plus with so much elegance and power. He came agonisingly close to the title in 1999, but we lost to Australia in the final at Lord’s despite the fact that Saeed was in ominous form and had smashed a century against New Zealand in the semi-finals. His 194 in Chennai in 1997 (the then world record) and century against India at Centurion in 2003 remains one of the finest ODI centuries by an opener.
  2. Sourav Ganguly: Lady luck didn’t smile on Sourav when in 2003 India lost to Australia in the final. I feel India progressed in one-day cricket during the captaincy of this gifted cricketer from Bengal. He was one of those cricketers, who played beautifully on the off-side of the wicket. Most of the time he scored, India won. However, maybe World Cup was not in his fate.
  3. Brian Lara: The man who has the fan following throughout the world. A cricketer who will be penciled first whenever a World XI is made - be it limited overs or Test cricket. I haven't seen a better left-hander than Brian, who without any doubt was a match-winner. The best thing about Brian was when the West Indies chased in one-day cricket. For him to score at an average of seven or eight runs per over was not a herculean task against any type of bowling. I haven't seen a better batsman who could play shots to all parts of the field. I think 1996 was his best chance to win the event but the West Indies lost to Australia from a winning position in the semi-final.
  4. Jacques Kallis: His record speaks for itself. Perhaps the only all-rounder who could walk into any playing XI either as a specialist batsman or a specialist bowler. To me, in one-day cricket, only Sachin Tendulkar comes ahead of Jacques. I've heard a lot about Sir Gary Sobers, who used to be good at both bowling and batting, but Jacques is for sure at par with him. He was good at reversing the old ball, but I still remember during one of the ODIs against us he took the new ball and bowled at over 145kph and made our batsmen struggle. His best chances to win the World Cup were in 1999 and 2007.
  5. Martin Crowe: One of my all-time favourite cricketers whom I followed a lot. I haven't come across many cricketers who were good against both spin and fast bowlers like Martin. I have seen lots of great batsman, but the batting technique of Martin was far better than most of them. His magnificent form saw New Zealand qualify for the semi-final in 1992. He deserved to win the World Cup but we clicked in time and ended New Zealand's brilliant run.
  6. Rahul Dravid: The cornerstone of India batting and appropriately known as the ‘Wall’, Rahul carried the India team with his wide range of stroke-selection and finished with nearly 11,000 ODI runs. Along with Sourav, Sachin and Virender, he formed one of the strongest batting line-ups. Unfortunately, the foursome couldn't win the World Cup together. Like Sourav, Rahul ‘s best chance to win the World Cup was in 2003 but Ricky Ponting spoilt the party for them.
  7. Ian Botham: An aggressive all-rounder who played during an era when one-day cricket was not that much aggressive and most of the nations were concentrating on Test cricket. Before Jacques, he was the all-rounder who batted as well as he bowled, and supplemented this with his bucket hands which earned him great catches in the slips. We were lucky to dismiss him early in the 1992 final because he could have easily taken the game away from us with his brutal batting, but his best chance was potentially in 1983 when England had some of the best cricketers during that period.
  8. Anil Kumble: A miser leg-spinner, who didn't like to be hit for runs. Anil was not a big spinner of the cricket ball, but kept batsmen thinking with his superb line and length. Whenever he got favorable turfs, he was there to turn the tables on the opponents. He was probably the only spinner who was not shy of showing aggression like the fast bowlers. Again, his World Cup hopes were probably dashed at Centurion in 2003.
  9. Waqar Younis: Great bowler with a bad luck as he had to fly back home from Australia in 1992 due to back injury. I still remember when we landed at Islamabad airport after winning the World Cup, Waqar was there on the truck, crying for not being part of the winning World Cup squad. Who could forget his pairing with Wasim Akram that tormented batsmen with their toe-crushing yorkers with over 150kph. We let him and the country down in the final at Lord’s in 1999 while Sachin undone Pakistan in Mohali in 2011 when Waqar was the coach.
  10. Allan Donald: He was quite pacey when I first batted against him in 1992. At that time he didn't know how to reverse swing, but learnt the art quickly. South Africa owes a lot of its early successes to Allan who regularly destroyed the top order. The rain-rule in 1992 and Steve Waugh’s drop catch and the tied match in 1999, denied him the chance to hold the silverware, at least, once in his career.
  11. Curtly Ambrose: To play international cricket for such a long period of time with such a height is something which is a big achievement. He bowled at such a good line and length and moved the ball both ways that it made life difficult for the batsmen anywhere around the world. He filled the void left by Michael Holding, Malcolm Marshall and Andy Roberts while pairing with Courtney Walsh. Like Lara and Courtney, he could have potentially collected the winner’s medal in 1996.
  12. Jonty Rhodes: The only cricketer in the history who could make it to any team purely as a fielder. Whenever we played against him, I used to note down 30-40 against his name because of his fielding. I still smile when I recall his 'flying' run out of mine in 1992 World Cup. He was such a brilliant athlete that he used to change the attitude of entire team through his electrifying fielding.
ICC EXCLUSIVE

Footprints: Dialling for justice

Footprints: Dialling for justice

By Yumna Rafi and Muhammad Umar


“I am going to kill that politician and then I’ll turn myself in,” says the man decisively.
The caller then describes his motive for wanting to commit the murder — to avenge the alleged abuse and forceful marriage of his wife, and rape of other women.
“I will be saving several families by doing so and a lot of women from being abused,” his voice quivers at the mention of his wife.
He had sought help from the legal system to rescue his wife but that led him nowhere. This call was his last resort, his last appeal for justice before taking the law into his own hands.
On the other end of the line is a female lawyer working at the Legal Advisory Call Centre inaugurated last year in May in Karachi. She hurriedly types the case details, assuring him there is a way out and promises to get back to him within 24 hours with legal advice.
The call is marked as ‘High Priority’ and referred to a judicial committee that discusses the legalities of the caller’s case.
In an elongated hall 20 lawyers sit, all uniformly dressed in white attire over black coats, a few with their noses buried in thick law books while the rest answer a continuous barrage of calls on their computers, some in Sindhi, others in Punjabi. At the far end of the room is a banner “Insaf sub ka haq” (Justice for All). A maxim summing up what they want to achieve at the centre.
The legal advice imparted is free, focused on helping people who do not have access to the formal justice system.
The centre has been put together by retired Justices Nasir Aslam Zahid and Arif Khilji of the Supreme Court and sponsored by the Enhanced Democratic Accountability and Civic Engagement (EDACE).
The procedure set by them is simple and efficient. Anyone wanting guidance on any legal matter can call the helpline 0800-70806, a lawyer receives the call, jots down details and gives counsel immediately if the query is common. If it is complex with sensitive facts, the advocate consults senior lawyers and gives advice within 24 hours. If a caller seeks assistance in a criminal case, the Citizens-Police Liaison Committee is involved and the caller is asked to get an FIR lodged with them.
“Majority of the callers seek advice on issues such as inheritance, marriage, dowry, child custody and service sector,” says Justice Khilji. “The solution to the problem is at times simple. People just need to be told about their rights.”
“Sometimes an incorrect procedure can prolong a case for many years,” says Tahira Sayani, an advocate at the centre.
“A caller needed help in an encroachment case. After he told us the details we found out he had been filing the wrong case for years. We guided him over each and every aspect of the case and he managed to acquire ownership of his land,” says Ms Sayani.
A large LED screen placed in the main room of the centre refreshes with new updates. A picture of a lawyer flickers under the title “Star Employee” followed by his/her high score, calculated on the basis of the number of people he/she has guided during the day. Another division on the screen shows the statistics of calls for the day, the satisfactory level at which calls were handled and the number of cases closed.
“We take calls from 9am to 6pm. Calls coming in later are recorded and next morning we return every call. We also give every caller the option of calling them ourselves if they are unable to afford it,” says Ms Sayani.
Eight lawyers take calls simultaneously and the rest carry out background research. The long rack lined in the corner of the room stacked with thick law books does not go untouched. Buried in Law and Procedure for Suits and Defences, Zeeshan Haider speaks about the research that is involved.
“We have to first categorise the case, then cross-check the relevant law, see who is involved and what is the penalty, if any. Also, if there is any financial recovery possible for the plaintiff we refer to past judgements.”
The call centre, so far the only legal one in Pakistan, is heavily reliant on funding. “EDACE is supporting the current phase of the call centre till March 2015 and they intend to extend their sponsorship for another three years. The government has not contributed anything,” says Justice Zahid.
In a period of eight months, the centre has received over 3,000 calls from all over the country and the diversified pool of people who have contacted them suggests that advice is being sought on legal matters irrespective of social background.
A farmer in Bahawalpur reached out to them when his son had been taken by a landlord to work in the fields in exchange for some money. But after some time, there was no news of his son.
“We told him what he could do to legally recover his son. A few days later he called us back to inform us that his son had returned,” says Mr Haider.
“We leave every day satisfied that we have helped some families and that is all we need to keep going.”
Published in Dawn, January 30th, 2015

Thursday, 29 January 2015

Annual abortion rate in Pakistan doubled in 10 years

File photo of a woman undergoing an ultrasound. — AFP/File
File photo of a woman undergoing an ultrasound. — AFP/File
ISLAMABAD: A recent study revealed that an estimated 2.25 million abortions were conducted in Pakistan in 2012. Almost all these abortions were clandestine and the health and lives of women were at risk. There were 50 abortions per 1,000 women aged 15-49 in 2012 and 27 in 2002.
The study titled ‘Induced Abortions and Unintended Pregnancies in Pakistan’ was carried out by Population Council in collaboration with the Guttmacher Institute, United States of America, and launched at a local hotel in Wednesday.
The study shows that in 2012, an estimated 623,000 Pakistani women were treated for complications resulting from induced abortions, the vast majority of which were performed by unqualified people or involved traditional methods.

Study reveals an estimated 623,000 women were treated for complications resulting from induced abortions


It concludes that there is need to strengthen the family planning programme and improve the quality and coverage of post-abortion services.
A second report titled ‘Investigating the low use of contraceptive methods in Pakistan and its causes and dimensions’ was also launched at the event.
The report showed that there is a growing acceptance of contraception in Pakistan and major barriers are being removed.
According to the report, because of financial burdens and improved general awareness husbands have become supportive towards the use of contraceptives. Couples also pay less attention to demands of other family members such as mothers-in-law regarding number of children. Moreover, the report notes that religion is no longer a reason for people to hesitate from using contraceptives.
During the studies, 266 health facilities were surveyed and 102 healthcare professionals and 44 women who had an induced abortion were interviewed. Ten focus group discussions became the basis of the observations about community norms regarding abortion and post-abortion care.
It was learnt that the unintended pregnancy rate increased between 2002 and 2012, from 71 to 93 per 1,000 women aged 15–49. In 2012, there were approximately nine million pregnancies in Pakistan, of which 4.2 million were unintended. Of these unintended pregnancies, 54 per cent resulted in induced abortions and 34 per cent in unplanned births.
The studies noted that unintended pregnancies increase the burden on healthcare so quality contraceptive services should be provided, especially in rural areas.
The reports recommended that family planning counselling should be made a routine part of post-abortive care at both public and private sector facilities. In remote areas services should be delivered at the doorstep by lady health workers (LHWs) or community midwives.
The involvement of local religious leaders in making family planning campaigns successful was also highlighted in the report.
It was suggested that family planning counselling and services be provided to potential clients during antenatal, natal and postnatal checkups, as well as during general health visits to healthcare providers.
Speaking to participants, National Health Services Minister Saira Afzal Tarar said population growth rate is a basic problem.
“Health and population have been devolved to provinces but unfortunately, provinces only give importance to health and neglect population,” she said.
She said that although LHW Programme can play a key role for population welfare they are over burdened with polio vaccination and other duties.
She suggested that religious scholars should be involved because they can play a role in convincing the people to use contraceptives.
Population Council Country Director Dr. Zeba A. Sathar said a number of couples who want to use contraceptives do not have access to them.
She said in remote areas like rural Balochistan, contraceptives cost much more than other areas and health services are generally more expensive.
Published in Dawn, January 29th, 2015

The ‘breakthrough’ in Indo-US nuclear deal will bleed Indians every which way

President Obama with Indian Premier Narendra Modi - Reuters/File
President Obama with Indian Premier Narendra Modi - Reuters/File
Two recent unrelated events formed a subtle connection in my mind. On 25 January, India and the United States announced a “breakthrough” in negotiations to operationalise the long-stalled nuclear deal.
On 26 January, eminent cartoonist R K Laxman, the creator of the much-loved “Common Man”, died. The Indian and American governments, and GE and Toshiba Westinghouse, see the “breakthrough” as cause for celebration. If American corporations are sufficiently convinced to follow through and supply nuclear power plants to India, the common man (and woman) – namely, Indian taxpayers, electricity consumers and communities that host the plants – may well get the wrong end of the stick.
Here’s why. The Indo-US civil nuclear deal was signed by George Bush and Manmohan Singh in 2008. As per the deal, India agreed to separate its civilian and military nuclear activity and open up the civilian part to inspection by the International Atomic Energy Agency. In return, the US offered to resume full nuclear trade with India, ending its nuclear ostracism.
A thankful India carved out two large chunks of real estate in Mithi Virdi, Gujarat, and Kovvada, Andhra Pradesh, and offered them to two American multinationals to set up nuclear power plants. Toshiba-Westinghouse was given the Gujarat site for building six AP1000 reactors of 1100 MW each. GE-Hitachi plans to set up six units of 1594 MW each at the Kovvada site. Both projects involve untested technologies. In both instances, public sector Nuclear Power Corporation of India will be the operator.

Damages to run into billions

But two thorny issues have held up the export of nuclear technology from the US to India. First, US domestic law requires tracking by US authorities of nuclear supplies made to countries like India that have not ratified the Non-Proliferation Treaty. India found the requirement unduly intrusive as it was in addition to International Atomic Energy Agency verification.
Second, the Indian Civil Liability for Nuclear Damages Act provides for two-part recourse – through Section 17(b) and Section 46 – against nuclear equipment suppliers if the nuclear plant blows up.
India is not alone in providing such avenues. Japan, Austria, Switzerland and Germany have actually gone one step further and even removed liability caps. This is in line with the realisation that damages arising from nuclear accidents can run into billions of dollars, including compensation, relocation and rehabilitation, environmental remediation and lost trade due to contaminated agricultural and marine produce.
A study released in 2014 by researchers from Ritsumeikan University and Osaka City University said the Fukushima disaster will cost $105 billion or twice the predicted damage in 2011. This figure does not include the cost of decommissioning of reactors or safe disposal of the contaminated material and wastes. The researchers point out that the increased costs would be passed down to taxpayers and electricity ratepayers through increased tariffs. Belarus, which was worst hit by the Chernobyl disaster, has spent at least $235 billion over the last 30 years on relief, rehabilitation and clean-up. That is more than twice the size of the Indian nuclear market that American corporations are hoping to tap into.

Scrapping even limited liability

Indian law – CLNDA – is already weak. But American and Indian private equipment suppliers – like Westinghouse, L&T, JSW Steel and Tata Power – feel it is not weak enough. Section 17(b) of the Indian Act allows the operator to sue equipment suppliers. The Rules to the Act, however, limit supplier liability to Rs 1,500 crore in damages or the value of the contract, whichever is less. Section 46 of the Liability Act potentially exposes suppliers to unlimited tort liability under relevant Indian laws. However, under Section 17, only the operator can sue, and only if such a provision is expressly made in the contract.
Winning the suit is conditional to proving deficiencies in the material or equipment supplied or services rendered. After all this trouble, if the value of the contract with the supplier of the equipment that caused the accident is only Rs 5 lakh, then regardless of the extent of damage caused by that flawed equipment, Rs 5 lakh is all the operator is entitled to get from that supplier. A writ petition challenging the constitutional validity of the Act is pending before the Supreme Court.
The Indian government has indicated that it will do away with even this limited liability.
In a twist of Republic Day irony, Obama and Modi have opted to use backroom deals and executive discretion to bypass the spirit and intent of their respective legislatures. The US president says he has found a way to exempt supplies to India from US inspections meant to ensure non-proliferation goals. In return, the Indian prime minister has suggested that a publicly funded insurance pool will be set up to indemnify foreign suppliers and cover the liability under Section 17(b). Section 46 is sought to be neutralised through a legal opinion offered by the Attorney General.

Insurance burden on Indians

Declarations by Indian and US negotiators and the cautious optimism of industry players in response to the “breakthrough” make it appear as if only a few minor issues remain to be ironed out. It is made to seem as if once that is done, US multinationals like GE will “bring good things to life” and nothing will stand between 400 million Indians without electricity and their first light bulbs.
India’s nuclear establishment too continues to exude its typical optimism, unfazed by the sorry reality of having installed less than 5000 MW of ill-functioning nuclear capacity in 60 years. An upbeat article in Business Standard cites several establishment experts, including former Nuclear Power Corporation of India chairman S K Jain, who believe that most of the difficulties have been sorted out, and that the Kovvada and Mithi Virdi projects will now gain momentum.
But as things stand, the prospects of getting American nuclear technology to light up Indian homes are dim. The insurance pool arrangement is commercially shaky and the protection offered by the Attorney General’s opinion against Section 46’s tort liability is legally fraught.
Details about the insurance pool are not available yet. But if it is set up, Indian taxpayers will be made to pay to cover risks associated with GE and Westinghouse’s technologies. A Reuters report talks of a kitty of $244 million, with the government-run General Insurance Corporation of India and a few public sector companies contributing one half and the government contributing the other. The Indian taxpayer will have to pay even if the plants do not blow up. If the supplier is asked to contribute to the pooled fund, that increased project and electricity cost would be passed on to Indian consumers. Anyway you cut it, we are screwed.
The Price-Andersen Act in the US also places a similar burden on American taxpayers. Cato Institute, a free-market think tank, estimates that this translates into a subsidy of 2 to 3 US cents (Rs 1.20 to Rs 1.80) per unit of nuclear electricity generated. Another calculation pegs the annual subsidy per American reactor at about $30 million.

More expensive electricity

Financially, solar and wind energy are already becoming more attractive than nuclear. Electricity from these renewable sources cost Rs 8 and Rs 4.5 per unit respectively, according to a report by solar think-tank Bridge to India. Renewables are quicker to erect and are not as politically contentious as nuclear. In contrast, the Mithi Virdi project has run into serious opposition from local residents and farmers. If it is ever built, electricity from the Westinghouse reactors will cost Rs 12 per unit.
Mithi Virdi power is too expensive for most utilities to afford even without the cost implications of a pooled liability fund. What then are we to make of this pursuit of expensive, untested American reactors? Is the government really serious that Rs 12 per unit electricity will light up indigent Indian homes? Or is all this merely an orchestrated pirouette in a more elaborate Indo-US diplomatic choreography? Is this about India’s electricity future, or its aspiration to be included in the club of nuclear big boys?
Answers to these questions aside, the stalled deal, the subsequent negotiations and the dubious “breakthrough” that the media refers to offer several sobering realisations. Both Obama and Modi consider corporations and not the people of Bhopal to be the real victims of the 1984 Bhopal disaster. Both leaders agree that a nuclear disaster is real enough, and that it is a matter of bilateral priority to protect – not communities and the environment – but the operators and suppliers of nuclear equipment in the event of a disaster. As for dealing with the aftermath of a nuclear catastrophe, the heads of the two great democracies seem to contend that Indians will make do with some compensation – about $480 million – from their own tax moneys.
Nityanand Jayaraman is a Chennai-based writer and social activist and a volunteer with the Chennai Solidarity Group for Koodankulam Struggle.
This article first appeared on Scroll.in and has been reproduced with permission.

‘We are adding to our nuclear arsenal to the point where it has become dangerous’

Sadia Tasleem gives a presentation at the department of international relations, University of Karachi, on Wednesday.—White Star
Sadia Tasleem gives a presentation at the department of international relations, University of Karachi, on Wednesday.—White Star
KARACHI: What are the perils of nuclear competition? Does amassing nuclear weapons add to the quality of stability in the region? Is there an alternative model of nuclear deterrence? These are some of the hard questions that need to be asked about Pakistan’s nuclear deterrence policy, said Sadia Tasleem, lecturer at the department of Defence and Strategic Studies, Quaid-i-Azam University, Islamabad.
She was speaking at a talk on ‘Contemporary security landscape and the perils of nuclear competition in South Asia — is there a way out for Pakistan?’ on Wednesday organised by the department of International Relations, University of Karachi.
Ms Tasleem in her presentation pointed towards changing trends in Pakistan’s nuclear deterrence posture. “Recent developments in Pakistan’s nuclear arsenal and missile capabilities indicate a shifting trend in its doctrinal thinking. There is no denying that Pakistan has one of the fastest growing nuclear arsenals. Security policy-makers strongly feel that they cannot afford to cap Pakistan’s nuclear ability.” In other words, Pakistan is moving away from minimum credible deterrence posture to full-spectrum deterrence posture.
Explaining this further, she said: “Pakistan publicly adheres to minimum credible deterrence [or no-first-use of nuclear weapons] to placate international forces. But through ISPR statements we know that Pakistan is diversifying its nuclear arsenal under full-spectrum deterrence. This means deployment becomes essential. Hence, tactical weapons such as Haft-IX with a range of 60kms have been developed and test-fired meant to deter Indian advances in Pakistani territory.”
In her opinion, this deterrence posture is problematic. Pakistan’s nuclear deterrence posture is constantly linked to India’s nuclear and military developments. “This means we cannot set a bar to our nuclear arsenal whereas India has two-faced threats in China and Pakistan.”
Another problem is Pakistan needs to have a large number of deployable tactical weapons placed at several places. “Pakistan has limited short-range missiles and it is important to have fully deployable capable readiness that means Pakistan needs to take out its weapons from wherever it is hiding in caves or tunnels and deploy them swiftly. The enemy can calculate the time gap and based on that calculation inflict damage.”
Nuclear competition versus arms race
She also said questions should be asked that nobody seemed to be asking. For instance, is Pakistan doing the right thing in its national security strategy? Can’t we do without Haft-IX? Will we be annihilated if we do so? Are we engaging in nuclear competition? Is it a folly to enter in such a nuclear competition?
Pakistan is moving towards nuclear competition and not an arms race. It is not the arms race seen during the Cold War years between the US and the Soviet Union. “They had a similar power symmetry and had the resources to engage in such an arms race. The power dynamics were similar between these two countries and they could follow each other.”
This is not the case between Pakistan and India due to asymmetric power dynamics. Consequently, they are developing and modernising their arsenal differently. “India is developing ballistic defence system and Pakistan is spending more on cruise missiles.”
Technology itself and the scientific community’s stake are the factors that are driving nuclear competition. “Since there is psychological pressure on the country to expand its nuclear programme, there is induction of more sophisticated weapons. Hence, technology becomes a driver behind competition.”
Currently doing research on Pakistan’s nuclear discourse heavily informed by literature during Cold War in US, Ms Tasleem said some American scholars and their theories were taught more at Pakistani universities and entrenched firmly in the minds of the scientists and policy-makers that they were unable to think of an alternative nuclear deterrence. These names included political scientist Kenneth Waltz and his work The Spread of Nuclear Weapons: More May Better and Herman Kahn and Thinking the Unthinkable.
She believed it to be an alarming situation. “We cannot seem to move out of the theories espoused by these scholars framed during the Cold War years in the US. We are adding to our nuclear arsenal to the point where it has become dangerous for us.”
Chinese concept of deterrence
She said it was dangerous due to the financial costs Pakistan was incurring while also facing internal security and other challenges. It was also perilous because of management issues. How will so many weapons be managed, she asked. It is also vulnerable to cyber attacks and Pakistan’s nuclear programme must be protected from cyber threats, she said.
Referring to the US and Soviet Union, she said that both the countries had amassed weapons but it did not increase the credibility of their nuclear deterrence. “They were constantly engaged in proxy wars and the Soviet Union eventually disintegrated. Hence, we need to think whether having more weapons will add to the quality of stability of the country.”
Ms Tasleem believed that the Chinese concept of deterrence was excellent. “During the height of the Cold War, China was facing external threat by Soviet Union and it had a modest arsenal at the time. China has understood that deterrence is primarily a psychological means to deter attack,” she said.
Published in Dawn, January 29th, 2015