why MNCs are investing in india


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e – Voice Of Human Rights Watch – e-news weekly

Spreading the light of humanity & freedom

Editor: Nagaraj.M.R….vol.4 . issue.51……20/12/2008

Editorial : WHY MULTINATIONAL COMPANIES ARE INVESTING IN INDIA?

We condemn the brutal massacre by police on farmers – who are going to loss all their lands , sources.of livelihood for the sake of special economic zones , industrial parks , etc in various states of India.

In every mega projects undertaken by government , both the state government & central government have functioned  like  REAL ESTATE / COMMISSION  AGENTS for the rich & mighty . the government says it is acquiring lands for development of industries , for public good. In reality there is only good of rich & mighty.

For forming S.E.Zs , corporates gets speedy single window approvals from government , lands at concessional rates – lower than market value  , soft loans from Indian banks , tax exemptions for years from the government , dedicated power supply , etc , from the government . these corporates are even given free hand to raise share capital in the Indian market. the government has enacted flexible labour laws specifically for S.E.Zs , they can hire & fire without bothering to pay gratuity , etc and they are exempted from providing P.F / E.S.I  coverage to their employees ie they need not worry about the occupational health hazards of their employees , they can employ them till they are fit & throw them on streets afterwards. These corporates take our own money,  employ our own people , use our own natural resources & finally  take away the net profits to their home countries  – what they give back ? – environmental pollution , tax evasions , low paid occupational hazardous jobs to locals , stock market scams .


During Previous License Regime foreign, investment was not directly welcome in India. As people at that time perceived it as “Neo colonisation” & detested it. There were various restrictions on foreign investments. The local industrialists under monopolistic
environment thrived, who were no way better than day light robberers, of course with a few exception. Under the political patronage, the cunning industrialists looted public money, cheated the government of tax, cheated lending banks & cheated the investors
too. They easily flouted labour laws & made labourers to work in inhuman conditions.

During 1990’s under the international pressure India signed GATT & slowly started opening it’s economy. Now, from 01/01/05 even product patent has come into force in India. Are MNCs bringing high technology intensive industries to India? No, not at all. They are actually denying sophisticated technologies to India. They are only
bringing the FMCG industries – salt, chips, ketch-up, colas, for which India is a huge home market. They are into services like Hotels, medical care, marketing. In other cases, they are just marketing the products manufactured at their bases in U.S.A. or Europe.

They are not bringing in new production technologies in the areas like space research, nuclear energy, bio-technology, pharmaceuticals or pollution control, to India. Also, some MNCs are relocating their highly polluting industries to India, as they are subjected to stringent environmental protection standards in their own home countries. Whereas, In India the Government is highly corrupt & can be bought for a price. The attractive points for foreign direct investment (FDI) in India are,


1. There is lack of comprehensive environmental norms.


2. The enforcement of environmental norms is lax.


3. The cost of health coverage, social security net to be provided to the workers exposed to the occupational hazards is less.


4. The cost of compensation to be paid to the persons-who died or suffered damages due to occupational hazards/environmental pollution is meager.


5. The enforcement of labour laws are lax.


6. Public money can be easily raised through lending Banks, primary market within India & the public can be easily cheated.


7. The tax can be evaded through various loopholes like transferring money to holding companies situated at Mauritius or countries which have double taxation avoidance agreement with India.


8. The tax can be evaded, company money can be cheated by lending money to sister / holding concerns at low interest rates or by selling shares, materials to their private companies at low rates or by buying shares, materials from their holding/sister concerns at exhorbitant rates, etc.


9. The corporate governance laws are almost absent in India & it’s enforcement nil.


10. Above all, the time can be bought by very slow Indian legal system, if any dispute arise.


11. On top of it, well trained, technically qualified people are available at low rates through contractors.

Just consider the following cases which highlight the apathy, irresponsibility of  government of India and emboldened the cunning, MNCs:-

1. The India which boasts of so much scientific/technological advancements, is till date has been unable to provide potable water to it’s people. People of west Bengal , Karnataka , Andrapradesh states are forced to drink Arsenic, Fluoride poisoned water.


2. The people living near the mines of R.E.M.P. in Kerala are suffering due to exposure to the radio active materials, Same is the case with the people of Jadaguda, Jharkhand, living near the U.C.I.L. plant. Both M/S R.E.M.P & M/s U.C.I.L are department of atomic energy enterprises.


3. Few years back, In Mysore railway station containers of radio- active materials were left unattended. The dome of reactor building at construction stage collapsed in nuclear power plant at Kaiga. A fire tragedy occurred in Kakrapar nuclear power plant. In the recent Tsunami waves onslaught, certain important facilities of Koodakulam atomic plant were damaged near Chennai.


4. In 1984, U.S. based MNC union carbide mass murdered nearly 20,000 people, injured lakhs who are still suffering health problems. The polluted poisonous accident site i.e. Union carbide plant in Bhopal is not yet cleared off toxic materials even after 20 years.
This is still further damaging the residents of Bhopal.


5. In the above union carbide disaster, the Government of India didn’t present the case properly before supreme courts of India & U.S.A.. As a result the MNC just paid a pittance as compensation. As per that the cost of Indian lives are just a fraction of cost of
American lives. Just imagine if a same disaster occurred in U.S.A. at the plant of a MNC headquartered in India, what would have been the consequence?


6. In India, hazardous chemicals laced with food additives are passed through the drinks, beverages like pepsi, cola, coco cola very easily.


7. The medicines like nimesulide, paracetamol, etc. with hazardous side effects which are banned in U.S.A.& Europe, are easily marketed by the same U.S.& Europe based MNCs in India.


8. In India spurious drugs, medicines, food stuffs are easily marketed.


9. In India, the clinical trials of new medicines under research are done without proper compensation structure to those being tried upon ie. Virtual guinea pigs.


10. In India, the genetically engineered BT crops are being introduced without paying attention to formers, ecology or eco-system.


11. In India, during setting up of large projects, scant attention is paid to environment, eco-system & the displaced persons.


Most of the times, in government projects itself the displaced persons are cheated by the government in numerous ways.


12. In India, various Government as well as private hospitals dumps hospital wastes with deadly viruses in the open, with scant regard to public health.


13. In India, aged ships belonging to foreign countries are breaked down to scrap in ship breaking yards of Gujarath , Maharashtra & AP. Various toxins like the Asbestos, lead, etc & the hazardous, dirty water, Oil inside the ship are drained into Indian seashore. The labourers here are forced to work without any safety gears.


14. When specific cases of human rights violations were brought before the government & Judiciary by us , both of them didn’t respond at all.

All the above cases highlight the fact that, government of India & Indian judiciary treats it’s citizens lives as cheap, dispensable at will. This is the major attracting force for MNCs to India. JAI HIND. VANDE MATARAM.

Your’s sincerely,

Nagaraj.M.R.

________________________________________________________________________

BHOPAL GAS TRAGEDY 1984 -Bhopal, India

At the first instance the Government of India failed to ensure that Union carbide India Limited (U.C.I.L) has installed proper safety measures and fully implemented it in practice, at it’s plant in Bhopal. The Government of Madhyapradesh through it’s labour
department, factory inspectorate & pollution control board failed to enforce safety practices & environmental protection. In turn, the U.C.I.L didn’t install in full, the safety measures being followed by it’s parent company union carbide corporation (U.C.C) at it’s
Various plants in the U.S.A. The U.C.I.L. didn’t give community training to residents of nearby localities, to cope up with emergencies ie. Industrial accidents. U.C.I.L gave a go – by to safety practices, as it treated Indian lives as cheap. The government of Madhya pradesh instead of shifting slum dwellers around U.C.I.L, to other safe place, gave them legal title deeds just months before the tragedy in 1984.

Now, refer the following:-

1. After the accident at it’s U.C.I.L. plant at Bhopal, India in 1984, when the U.C.C.  Chairman/C.E.O. came over to Bhopal from U.S.A to visit the accident site, local police arrested him on the charges of manslaughter. However, the Government of India got him released.


2. In 1985, Government of India enacted “Bhopal claims Act” took- away the right of appeal of all the Gas tragedy victims & declared itself as the sole representative of all victims. This said act itself is violative of victim’s fundamental & human rights. The
victims didn’t choose Government of India as it’s representative under will, agreement, trust or pleasure.


3. The paradox of this “Bhopal claims Act” is that, Government of India which is also a party to the crime, tragedy, itself is the appellant. The appellant (Petitioner),defendant are Government of India, Prosecution by Government of India & Judged by Government of
India.


4. In 1989, when an appeal about interim compensation to be paid by the U.C.I.L to all the victims was being heard in the apex court, the supreme court of India without giving a chance to the victims to make their point, without consulting them, without making a proper assessment of damages/losses, gave an arbitrary figure as verdict & dropped all civil, criminal proceedings against U.C.C.&U.C.I.L


5. In the same year 1989, the Government of India without consulting the victims of disaster, without making proper assessment of damages/ losses, negotiated a settlement with the U.C.C. and in turn gave full legal immunity to U.C.C.& U.C.I.L from civil &
Criminal proceedings


6. Even the Government of India didn’t present the case of victim’s-gas tragedy victims, properly before the U.S.courts, where the U.C.C is based. All these premeditated acts only benefited the criminals- U.C.C&UCIL. Are not the supreme court of India & Government of India, here to safeguard Indians and to safeguard Justice?

After all these crimes, the Government of India failed to distribute compensation in time to victims. It has failed even to provide safe drinking water to the residents near the accident site, It has failed to provide comprehensive medical care to the victims, till
date . It has even failed to get the accident site cleared off toxic wastes either by the culprit management or by it self, that too after 20 years. The very presence of these toxic wastes since 20 years is further contaminating, polluting the environment and taking toll of more victims.

Particularly in the case of “Bhopal Gas Tragedy” the supreme court of India & Government of India are deadlier criminals than U.C.I.L&U.C.C.

Just consider a case here, Just a few years back an U.S.based M.N.C ENRON set-up a power project in Maharashtra, India through it’s subsidiary. When Maharashtra state Electricity Board failed to lift power from Enron& pay them monthly guaranteed revenue, Enron threatened to invoke, open the “Eschrew Clause” with the Government
of India & to approach international arbiter U.K. Government of India has stood as conter-guarantee in this case. Finally the Government paid, of course subsequently the parent ENRON collapsed due to other reasons. If in this case if Government of India failed to pay-up as a counter guarantee & refused to comply with the award of International arbiter, definitely Government of U.S.A. would have stepped into the scene to protect it’s MNC. Hypothetically, In the same vein if Enron has caused damages to Indians either through negligence of safe practices or industrial accidents or bank frauds
amounting over and above it’s Capital base & insurance cover, then it would have been the duty of parent Enron & Government of U.S.A. to step in & pay-up.

In the same way, the U.C.I.L has caused massive damages to Indians & refusing to pay commensurate to damages. Dow chemicals which took- over U.C.C. is also refusing to pay. DOW chemicals which is the new owner of U.C.C. naturally inherits both profits, credits lent & liabilities to pay of U.C.C. Still it is refusing to pay. Now it is the turn of Government of U.S.A. to cough-up the sum.

Nowadays, it has become routine for central & State ministers to go- on foreign jaunts, to globe -trott inviting F.D.I/ M.N.Cs to India. They do sign numerous agreements, only favouring MNC. When tragedies occur or when they cheat Indian banks/ investors, it is Indians who suffer. The ministers & bureaucrats thinks themselves as wizards and enters into agreements with MNCs, industrialists in a hush-hush manner, with vast scope for possible corruption. Is it not the duty of government to be transparent ?

________________________________________________________________________

CORPORATE CRIMINALS RESPONSIBLE FOR ALL ILLS IN INDIA

In India , a small shop owner to big industrialist have mastered the art of TAX EVASION . their teachers – some corrupt tax officials & auditors. The black money thus created
is causing inflation, feeding the mafia , underworld. Some industrialists lobby ( bribe ) with the government & gets favourable laws enacted. This black money is the main source of funds for political parties , religious bodies & terrorist outfits.


The recent raids by C.B.I & KARNATAKA LOKAYUKTHA have proved how the tax officials have become multi-millionaires. The sad part is that some of the police officials who are on deputation to C.B.I & LOKAYUKTHA themselves are utterly corrupt.


This scourge can only be cured by corporate accountability intoto. However , all the industrialists , traders who are demanding for more flexible labour reforms , economic reforms , infrastructure , etc are not at all concerned about their own accountability with respect to tax , environment , other laws. The MNCs coming to India are not coming here for best Indian talents or infrastructure alone. In their own countries they are feeling the
heat of strict environment laws , consumer laws , share holder disclosures , corporate accountability. Some of these MNCs are being kicked out of their countries , by it’s own people .These MNCs are aware that in India , by greasing the palms environment laws , labour laws , tax laws , etc everything can be flouted , cases in courts can be dragged on for years . share holder disclosures , corporate transparency is minimum.

However when a concerned citizen complains about the crimes of guilty corporates , organizations or corrupt public servants , immediate action is not taken. The file is kept pending for months , years together , allowing the criminals to manipulate all the evidences , records , ground situations. Finally even if action is taken guilty will be let out due to favorable evidences , there are chances that the concerned citizen himself is falsely implicated & put behind bars . in all such cases all the involved parties must be subjected to lie detector tests .

Bottomline : development is a must , it must be all around . but not at the cost of majority to make a few richer.

________________________________________________________________________

An appeal to honourable supreme court of USA & HE Honourable president elect Mr.Obama

Your government protects all Americans, all American companies both inside America & abroad. If an American tourist is murdered in a third country , American investigators fly over to that country to conduct investigation in total disregard to local laws. In the same way , if the interests of an American company is threatened in a third country American government goes to it’s rescue.

However , when an American company butchers , causes mass man slaughter in a third country , as an American company did in Bhopal India , no action by American government. Still the said American company has not removed , cleared the accident site of poisonous debris at Bhopal India since decades and still causing mass man slaughter , no action by American government why ?

Some US based companies are selling soft drinks , food products , medicines , drugs in third world countries , which are causing grave health damages to the public. The quality standards of these products are fit cases of rejections by US FDA. Some US companies are selling drugs ( which are banned in the USA ) to third world countries , still us companies are exporting such dangerous medicines , foods to third countries . no action by US government , why ? is it because you think that the lives of non Americans are cheaper than Americans ?

Hereby, I do request your kindself ,

1 . to initiate criminal prosecution against US based key management personnel responsible for Bhopal gas tragedy .

2 . to make either the respective company management or US government to pay compensation to victims of Bhopal gas tragedy on par with American lives , as if the same tragedy happened in the USA itself.

3 . to order the management of the said company to clean up Bhopal off poisonous debris , from the accident site at their own expense.

4 . To legally prosecute US exporters & US based companies selling products ( which violates US FDA regulations or banned in the USA for domestic consumption ) to third countries.

US based MNC HUMAN RIGHTS WATCH trying to finish off a commonman working as a Human Rights Watch

From,

Mr.Nagaraj.M.R.

# LIG-2 / 761, HUDCO 1ST STAGE, OPP WATER WORKS OFFICE ,

Laxmikantanagar, Hebbal , Mysore , India . PIN-570017.

To,

HUMAN RIGHTS WATCH

350 , Fifth avenue , 34th floor,

New york , NY 10118-3299 , USA.

Through,

D P Ahuja & Co,

53, syed amir ali avenue ,

Calcutta 700019 , India .

Subject : clarification regarding my status

Reference : TSG 2219.MBH/SSM dated 26th November 2008

Dear madam / sir ,

I am working as a human rights watchman ie as a Human Rights Watch in my individual capacity. As part of this duty since 12th march 2005 , I am publishing a weekly web newspaper , which refers to my professional title of human rights watchman. I am never interested in usurping the credits of others or your organization HRW.

I am from a lower middle class family earning USD 132 per month ( @ Rs 50= 1 USD ). I & my family members have suffered numerous injustices , human rights violations , from police , authorities . etc including murder attempts on me and yet to get justice. Many corrupt officials in the government , criminal entrepreneurs wants to silence me , to see me dead . Out of my meager earnings , I am spending a little to help my fellow human beings who are going through the same m sufferings. Ideally, the high profile international organizations with millions of donated dollars , with globe trotting executives in air conditioned posh offices , must reach out to grass roots people like me in their legal struggle for survival , justice , human dignity as per the stated objectives of those hi-fi organizations. See what is happening , after all it is a 10 am – 5 pm job for those in the hi-fi organizations , where as it is a survival struggle for grass roots people like me.

My news paper is a forum solely setup & managed by me. The members of my web groups are my news paper subscribers only. My news paper is not registered as per PRB Act of GOI , as PRB Act does not cover web news papers. It is only published on web in e-format. It is not a registered association of persons nor a trust.

If at all US based HUMAN RIGHTS WATCH is registered in India , either it must be as an association or as a trust , definitely not as a web news paper. So , your domain & mine are totally different. Fundamental difference is you are working as an organization & I as an individual.

To this effect , I have given a declaration sworn before notary public to the honourable district magistrate , mysore in the year 2005 itself , clearly stating that “ HUMAN RIGHTS WATCH” is an ADVERB in my case.

Still , to avoid probable unintended confusion in the minds of the general public ( who are in a hurry , not willing to read in detail ) , I changed my professional title to “e-Voice of Human Rights Watch” , since 18th November 2006. however , even today during web searches , archives of old issues of my web news papers dated before 18TH November 2006 , may be showing up. Old issues cannot be deleted , as it forms part of pending legal appeals before courts of justice. Still , I have gone a step further in my home pages, clearly posted a declaration & warning that , I am in no way , never connected with US based MNC Human Rights Watch.

I am not interested in a legal battle , as my meager earnings are much needed for the cause of HUMAN RIGHTS of commoners & I can not with stand the might of your MNC organization having millions of donated dollars at it’s disposal , just to fight for name’s sake.

Still , if I can be of any service to you , please let me know. I will send you copies of affidavit within next 30 days. Thanking you.

Date : 13th December 2008 Your’s sincerely,

Place : Mysore , India Nagaraj.M.R.

……………………..DECLARATION………………………


name : ………………………NAGARAJ.M.R.

Address : ……………….LIG-2 / 761 , HUDCO FIRST STAGE , OPP
WATER WORKS OFFICE , LAKSHMIKANTANAGAR , HEBBAL , MYSORE – 570017 INDIA

professional / Trade Title : e-Voice Of Human Rights Watch ( Adverb not
noun form )

Trade description : I am a human rights activist , a watchman of human
rights ie humanrightswatch. I am voicing my opinions , concerns ,
appeals through this electronic media , so it is e-voice of
humanrightswatch. THIS NAME DENOTES THE WORK I DO . it must be
understood not as a noun but as an adverb.

Note : we do not have any relations whatsoever with US based MNC HUMAN
RIGHTS WATCH ( HRW ) or it’s associates . In their case , HUMAN RIGHTS
WATCH or HRW means their copyright protected name , a noun. In our
case , e-voice of humanrightswatch denotes not the name , but the work
I do , the cause I work for , an adverb.

Just as a person doing wood work is called by trade name
carpenter , person doing iron work is called by trade name blacksmith
, I am being called by my trade name humanrightswatch. In US & other
western countries there is the practice of naming individuals ,
organizations by trade names ( although not doing those trades ) used
in the society , like Mr.Carpenter or Mr.Blacksmith or Carpenter Inc or
Blacksmith Plc & gets their names copy right protected . does that
mean no wood worker / carpenter should be addressed as carpenter , no
iron metal worker is to be addressed as blacksmith , it will be ridiculous.

Warning : we do not have any relations whatsoever with US based MNC
HUMAN RIGHTS WATCH ( HRW ) or it’s associates . If some body assumes
that we are related to them , it is at their own risk. In the past if
some body assumed that we are related to them without seeking
clarifications from us , without reading the paper in detail , it is his / her own fault. In future also ,
if any body needs clarification about us they are always welcome.

periodicity : WEEKLY

circulation : FOR FREE DISTRIBUTION ON WEB

donations : NOT ACCEPTED. Self financing . Never accepted any
donations , subscriptions either for ourselves or on behalf of other
organizations / individuals .

monetary gains : nil , never made any monetary gain by way of
advertisements on my websites or web news paper or otherwise.

Social commitment : every human being is endowed with certain human
rights by virtue of birth , one of those rights , right of expression
. we don’t need any government’s or authorities or court’s or any so
called MNC organization’s approval & confirmation of our human rights.
In exercise of those human rights I am doing this duty of a human
rights watchman & voicing my concerns to authorities , seeking justice
to the oppressed.

owner/editor/printer/publisher : NAGARAJ.M.R.

nationality : INDIAN

home page : http://hrwpaper.blogspot.com/ ,
http://indiapolicelaw.blogspot.com/ ,
http://groups.yahoo.com/group/naghrw ,
http://e-voiceofhumanrightswatch.blogspot.com/ ,
http://groups.google.co.in/group/hrwepaper/ ,


contact :
naghrw@yahoo.com , nagarajhrw@hotmail.com ,

cell : 0 9341820313

I ,NAGARAJ.M.R. hereby do declare that information given above are
true to the best of my knowledge & belief.

date : 07/12/2008…………………………..your’s sincerely,

place : India…………………………………Nagaraj.M.R.

Questions public servants are afraid to answer

The police , judges , public servants , etc  question the accussed
persons , to ascertain the root cause of crime or dispute, to know the
truth behind every actions. The police even apply 3rd degree torture
on commoners ( although it is illegal ) to elicit truth , information
about crimes. When the same public wants to know the truth  behind
crimes involving police , judges & public servants , and seeking truth
, answers , informations as per RTI ACT from police , judges & public
servants  , they are  not answering lest the truth come out. They are
citing one or the other technical reasons to hide information , to
hide truth about crimes , to shield the criminals. If any of the
following public servants truly stands for law , justice , truth , let
them answer for the following questions publicly through media
 
CROSS EXAM OF HONOURABLE CHIEF JUSTICE OF INDIA , SUPREME COURT OF
INDIA -
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
 
 
CROSS EXAM OF UNION HOME SECRETARY , GOI , NEW DELHI –
 
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
 
CROSS EXAM OF DG&IG OF POLICE , GOK , BANGALORE –
 
http://crosscji.blogspot.com/ ,
http://crossexamofchiefjustice.blogspot.com/ ,
http://crimesofsupremecourt.wordpress.com/ ,
http://crosscji.wordpress.com/ ,
http://crossexamofchiefjustice.wordpress.com/ ,
 
CROSS EXAM OF GOVERNOR , RESERVE BANK OF INDIA
 
  http://theftinrbi.blogspot.com/ , http://theftinrbi.rediffblogs.com/
  , http://theftinrbi.wordpress.com/
 
CROSS EXAM OF MUDA COMMISSIONER , MUDA  , MYSORE –
 
http://crimesofmuda.blogspot.com/ , http://manivannanmuda.blogspot.com/ ,
http://crimesatmudamysore.wordpress.com/ ,
 
CROSS EXAM OF BDA COMMISSIONER , BDA , BANGALORE –
 
http://crimesofbda.blogspot.com/ , http://bdacrimes.wordpress.com/ ,
 

Edited, printed , published owned by NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSORE –  570017 INDIA …       cell :09341820313
home page : http://groups.yahoo.com/group/naghrw , http://groups.google.co.in/group/hrwepaper/ ,
https://evoiceofhumanrightswatch.wordpress.com/ ,
http://indiapolicelaw.blogspot.com/ , http://hrwpaper.blogspot.com/ ,  http://naghrw.tripod.com/evoice/ ,
http://e-voiceofhumanrightswatch.blogspot.com ,
contact :
naghrw@yahoo.com , nagarajhrw@hotmail.com

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