Diwali Ban — Unwarranted Judicial Activism?

The Hindus of Delhi will not celebrate Diwali this year, at least not with the usual fervour associated with the festival of lights and crackers, thanks to an ill-conceived judgement by the Supreme Court. 

The ban was ordered on November 11, 2016 in response to a petition filed by three children stating that bursting of crackers on a single night – that is on the Diwali night – increased the suspended particulate matter in the air threefold and that “residents and children [were] feeling breathless and vulnerable to asthmatic attacks” in the air following the bursting of crackers on Diwali. Obviously agreeing with the petitioners, the Supreme Court “observed that the direct and immediate cause of the spike in air pollution during this time is because of burning ofcrackers for Deepavali.”

In trying to understand the Hon’ble Court’s judgement it is necessary to understand

1.  Whether there is a causal relationship between bursting of crackers on a single night – that is on the Diwali night – and increase in particulate matter in the air

2. Whether there is a causal relationship between increase in particulate matter in the air and respiratory diseases as is being made out to be

In order to answer our first question, let us turn to Inside Story -China's pollution dilemma originally published on the Al Jazeera website on December 23, 2015. It features a panel discussion on the problem of air pollution in China. A report by Adrian Brown preceded the panel discussion moderated by Kamahl Santamaria. The panelists were Einar Tangen, (Political and economic affairs analyst advising the Chinese government), Steve Tsang (Senior fellow at the China Policy Institute at the University of Nottingham, UK) and Tamara Savelyeva (Professor at the Hong Kong Institute of Education). 

Here is the gist of the panel discussion:

Air pollution contributes to 17% of all deaths in China; 90% of cities failed to meet national air quality standards. Air pollution accounted for 1.6 million deaths in a single year. This means 4400 people die every day. The levels of air pollution are seven times the maximum exposure recommended by the World Health Organisation (WHO).

The government is forced to close schools, colleges and factories in order to protect people from pollution on the days on which there is a spike in the particulate matter in the air. 

In the words of Einar Tangen, “China polluted its way to success!” The major contributing factors of the air pollution were the coal and steel industries. Attempts to transit from coal as the energy producer have been on but it is a difficult trade-off in view of the highly labour-intensive nature of the industry. The economic costs of air pollution are already telling on the economy. The nation can be said to have reached its threshold limit.

[By the by the YouTube video is worth watching to understand how panel discussions are conducted on international television. There is no screaming; no talking over each other and the presenter let everyone talk!]

By no stretch of imagination could one ascribe the problem of air pollution in China to firecrackers or Diwali. The problem therefore should lie elsewhere. Here is a snapshot of a news report published in 2015 in Mail Today, according to which there are 110,000 smoke emitting cottage industries in Delhi. 


What causes pollution then? An IIT study report of 2013-14 published in Bloomberg identified industry, vehicular pollution, power plants and cottage industries as the main pollutants.

Now to the second question: several medical experts have appeared in television debates (as they did last year too), to testify that increased air pollution due to bursting of crackers on the one night of Diwali indeed causes respiratory diseases. As experts they are entitled to their individual opinions on the subject. As experts in a scientific discipline, they would also agree that voicing opinions in public fora without adequate studies is not exactly a scientific way of voicing opinions. For here is an excerpt from a scientific study on the subject which appeared in Lung India, a specialist magazine on the subject of lung diseases (with a formidable line-up of editors) intended not for laymen but for medical specialists in the subject:

An extensive Medline search revealed that a strong evidence of the impact of fireworks on respiratory health is lacking in susceptible as well as healthy individuals with no formal studies on COPD or asthma, other than a few case reports in the latter 

Here are a few noteworthy excerpts from the article which definitely warrant serious scrutiny, especially in view of, not conclusive proof but scientific “speculation” about a few hours on one night of fireworks causing serious health problems:

Fireworks and asthma Few investigators have identified the association between asthma and exposure to fireworks.

Fireworks and COPD We could not find any publications identifying an association between COPD and firework exposure.

An association between repeated exposure to firework emissions and respiratory symptoms has not been definitely identified.

One can argue that typical exposure to such pollutants is limited, as assessed by Singh et al., ranging from a few hours to a few days, depending on the duration of the firework festival, thus probably only causing minimal exposure. Also, fireworks are often let off following sunset when most people would go indoors to sleep after seeing the show, hence limiting exposure time to the ambient air pollutants.

There is limited literature describing the physical characteristics of firework particles themselves including size distribution, number concentrations, modal characteristics as well as particle density

Following a thorough review of the literature available, further studies are necessary to consolidate current evidence and speculation. (Emphasis added.)

Is everyone, the “children”, the activists and the Supreme Court oblivious of the elephant in the room and barking the wrong tree?

Or is there any other ulterior motive for the “activists” which the Hon’ble Supreme Court, to give it the benefit of doubt, did not sense? 

Which is the most shameful incident in Indian political history?

The most shameful chapter in the history of independent India was the genocide of Kashmiri Pandits. Although it has been going on for decades, the events that were triggered on January 19, 1990 led to the mass exodus of nearly half-a-million Kashmiri Hindus. Only a few other events in world history compare in scale and magnitude to the tragedy that befell the unfortunate Pandits. They were warned through posters and loud speakers that they had two choices: either convert to Islam or be prepared to be killed. Their men were brutally tortured and killed and their women were raped and killed. The population of Kashmiri Pandits in Srinagar valley was about 15% when India attained Independence. It came down to a fraction of 1% by 2010. Between 1990 and December 6, 1992, 160 Hindu temples were razed to the ground. The excuse of retaliation for Babri Masjid does not hold good.

Members of an elite community that provided intellectual leadership to the Kashmiri society were suddenly rendered homeless and became refugees in their own country! After the Pandits fled, some 25000 standalone houses belonging to them were burnt down. Others were simply occupied. Some of the Pandits who had the foresight to see what was coming sold away their properties ─ ancestral homes and other precious heirlooms ─ at throw away prices and fled to Jammu and other Indian cities.

What followed (in January 1990) was even worse. The state government led by Farooq Abdullah abdicated its responsibility leaving the victims to the tender mercies of barbaric butchers. Abdullah himself went away to London where he merrily played golf and other ‘adult games’. His behaviour is comparable to that of the Roman emperor, Nero who famously or notoriously ‘fiddled while Rome was burning’!

The central government did nothing to ameliorate the situation; the human rights activists remained uncharacteristically silent; the secular intelligentsia turned a deaf ear and the world ignored the humongous tragedy. The Pandits themselves stoically accepted their fate. There were no protests; no demonstrations; they did not resort to violence or destruction of public property and they did not produce suicide bombers.

They did not have godfathers in the human rights circuits in New York and Washington and the matter was scarcely if ever was raised in the human rights debates in the UNO. Just to give you an idea of how the human rights ‘activists’ treated the issue, the New York based ‘Human Rights Watch’ which produced a 68-page report on the 2002 Gujarat riots (in which 890 Muslims and 294 Hindus were killed) has all of one paragraph comprising about 75 words on the Kashmiri Pandit genocide (which victimized more than half-a-million people), on its website. A famous electronic media journalist, who in her budding years reported from Kashmir, glibly explained that the ethnic strife in Kashmir was the result of ‘social tensions’ between poor working-class Muslims and prosperous, elite Hindus. A clip of her reportage has been doing the rounds on social media for quite some time now.

All that the governments would do was putting up the Pandits in camps outside Jammu and Delhi. Just imagine three generations of a family living in a (eight feet by eight feet) room made up of canvas walls and partitioned by bedsheets! Life in the camps was harsh. They had to live in unfamiliar surroundings in subhuman conditions. There is already an underlay of fear, of persecution, torture, violent death and an uncertain future. They were not used to the harsh hot climates of Jammu and Delhi. All this led them to suffer from a number of physical and mental disorders from diarrhoea and dysentery to skin rashes and phobias and manias. Menopausal age in women dropped from a national average of 55 years to 35 years. It was reported after a survey that in a ‘relief camp’ comprising 300 families there were more than 200 deaths in the five years between 2001 and 2005 while there were only 5 births. How can genocide get worse?

There is a most poignant postscript to the (unending) saga of the misery of the Kashmiri Pandits. It was the death in 2013, of an inmate of a relief camp in Jammu due to starvation. Because the authorities did not provide rations to the camp in time. An incident for which every civilized Indian should hang his head in shame!

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This is the reply posted to a question on Quora 

Of Manifestos & Congress Party’s Backward March

“Reaching for their grubby lecture notes, scribbled at the pre-war London School of Economics, the second generation socialists went into action. They produced between them, the Labour Party’s Manifesto of 1945. Under the inspiring title Let us Face the Future, its authors planned to solve the problems of the past.”

- C. Northcote Parkinson in Left Luggage

Instead of the ‘second generation socialists’, the motley crowd of Naxalites and pseudo-economists that infest the NAC, have gone into action, with a similar backward vision to produce the Congress party’s 2014 Manifesto.

The grand document opens with a lie in its first paragraph, in the statement that the “Indian National Congress made seminal contribution to India’s unity, integrity, secular polity and democratic federalism.” Wasn’t it under the Indian National Congress that India lost 38000 square kilometres of land to China and 78000 squarekilometres to Pakistan?

And then, instead of telling the voter what it intends to do to solve the myriad problems that plague the nation, if it were returned to power, it gets down to bash its principal opposition, the BJP. Scroll down to the next page and you will have a surprise. Splashed in the centre of the page in large caps is the question, ‘CONGRE SS OR BJP’ without the question mark. The space you see between ‘CONGRE’ and ‘SS’ is not a typo in this article, but is as seen in the downloaded .pdf document.

The party’s report card informs us that ‘the Congress-led UPA has brought 14 crore people out of poverty in the last ten years.’ Oh, yeah! These people can now eat a sumptuous meal @ between `1 and `12! 

Whoever has written the manifesto is adept at fabricating history. The economic reforms were advanced by a decade to credit them to Rajiv Gandhi and the dynasty and to rob P. V. Narasimha Rao of his due:

“In the 1980’s, economic reforms were launched in response to new challenges, to modernise the Indian economy…”

There is this ‘Right to entrepreneurship’ in the ‘15 Point Agenda For Socio-Economic And Political Transformation’. Now, what the heck is ‘right to entrepreneurship’? Is it ‘entrepreneurship’ of the Robert Vadra variety or the crony capitalism of the A. Raja type? For the rest there is a ‘pledge’ in answer to every criticism levelled by Narendra Modi in his critiques of UPA’s 10 year misrule in his electioneering! The party pledges to achieve in five years what it could not in ten years! The pernicious Communal Violence Bill finds a place in this section.

Sonia Gandhi’s ‘tireless campaign and vision’ does not fail Parkinson! How does one reconcile [the resolve to] ‘promote a more flexible labour policy as needed for maintaining competitiveness’ (3 i. p. 10) with ‘strengthening collective bargaining’ (5. p. 14)? Was page 10 written by Jairam Ramesh and page 14 by the bots in the NAC?

Having run the economy into the ground during the last ten years the party seems to have woken up to the perils of its profligacy. It therefore slips this slice of wisdom into the fine print of the section, ‘An Economic Roadmap for 2014 - 2019’ (This section seems to have been written by a different hand, as evidenced by the fact that the articles in this section are not numbered with Arabic as elsewhere but Roman numerals.):     

vii. Subsidies: Given the limited resources, and the many claims on the resources, we must choose the subsidies that are absolutely necessary and give them only to the absolutely deserving.

And then there is the middle class which is the most pliant in conforming to economic laws. Having been conditioned to put up with abysmal levels of service in all public utilities for over six decades under its decadent rule, the Congress party feels it would not now mind being taxed to receive what is its due:

We will also consider introducing sensible user charges because many more people are willing to pay for better quality services, for example, uninterrupted power and better quality train services. We will use this money saved to expand health, education and infrastructure. 

The difficulty with this formulation is that it ignores the amorphous nature of the middle class. The middle class ranges from a call centre employee who draws a monthly salary of `10000 to a software engineer who is paid upwards of  `100000.

Even after the Supreme Court threw the `10000 plus crore Aadhaar card scheme out of the window the following paragraph finds mention in the section, ‘Accelerating Job Creation and Skill Development’:

4. Aadhaar is a powerful tool for protecting the interests of migrant labour, as well as ensuring the smooth flow of remittances to their families. All migrant labour will be covered under the Aadhaar programme in the next one year, through a special campaign.

The party considers the Communal Violence Bill so important that it finds a second mention under the section, ‘Safeguarding Minorities’ in the ‘Detailed Action Plan 2014 - 2019’. There are several others, detailed elsewhere, which were repeated in the section, probably to make up the bulk.

The party does not bother to broach about terrorism (the section on Internal Security deals with Left Wing Extremism) but has a small paragraph tucked in the foreign policy section:

7. On Pakistan we will encourage the new government’s stated position to improve relations with India but calibrate the dialogue consistent with delivery on accountability for 26/11 as well as dismantling of the infrastructure of terrorism on Pakistani soil.

The manifesto, long on rhetoric and short on substance, ends with again cribbing and cawing about its principal opposition, the BJP.

It is for the people of this country to decide whether they would like to vote for a party that does not even wish to utter the word ‘terrorism’ in its manifesto. 

Public Intellectuals: Leading Lights Of The Society Or Weathercocks?

[...] Leadership literature has an unverified story that explains the seamy side of leadership of mass movements. During the days of the French revolution, so goes the story, a newspaperman was having a tête-à-tête with a leader of the revolution in a Paris café. As they were sipping coffee and chatting, a wildly howling mob shouting slogans stomped by. The newspaperman wondered what the procession was about. On hearing this, the ‘leader’ shouted, ‘Oh my God, I am supposed to lead the procession’ and ran out. At times, when mass movements acquire a momentum of their own, ‘revolutionary’ leaders might have to follow the mobs while pretending they were leading. It is a fact of life of leading mass movements.

On the other hand, the intellectuals of a society are not weathercocks but its leading lights. They do not (and should not) sometimes follow pretending always to lead. They should possess the moral fibre and intellectual integrity to pursue ideals even if they are unpopular. The words ‘honesty’ and ‘integrity’ are interchangeable but are paired to amplify the meaning, in a figure of speech known as synonymia. The word ‘integrity’ is derived from the mathematical term ‘integer’, meaning a whole number, undivided or complete. When someone is said to be honest or has integrity, there can be no ‘partial honesty’ or ‘fractional integrity’. He either is honest or has integrity, or not. Lamentably many of our public intellectuals fail in this test. If a society cannot provide the protection needed for free expression of ideas, it is the public intellectuals who should hold themselves responsible for their failure to create the ambience for free flow of ideas. If the public intellectuals swing with political winds they cannot expect the society to conform to abstract ideals. The issue of freedom of expression may be cited as an example. Is it absolute or are there limits to it? If the public intellectuals champion absolute freedom on one occasion, but argue alibis for scuttling it on another for political reasons, their vacillation cannot advance the cause of freedom of expression. It keeps the society splintered by competitive populism. [...] 

Excerpted from ‘INTRODUCTION’: ‘TWISTING FACTS TO SUIT THEORIES’ & OTHER SELECTIONS FROM VOXINDICA. p. 20-21. 

See the post dated December 10, 2016 below to view the book's CONTENTS.

'Twisting Facts To Suit Theories' & Other Selections From VOXINDICA

Here is what a reader said [Link]:

A book like this is long overdue!
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[Scroll down to see Contents.]

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About the book:

• Meticulously researched and written citing about 250 references, the book
• Exposes the pusillanimity of the Indian intelligentsia!
• Exposes the hypocrisy and double standards of the Indian media!
• Exposes the deviousness behind writing and teaching of Indian history!
• Exposes the hollowness and treachery of Indian secularism!

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AVAILABLE THROUGH AMAZON ONLINE STORES: 
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The book addresses key issues that concern the Indian society today: freedom of expression; media objectivity; the skewed concept of Indian secularism and the teaching of doctored history. 

Why is the majority religion always at the receiving end in the name of ‘secularism’? Why does ‘secularism’ connote one obligation for practitioners of the majority religion and another for the minorities? Why does the word ‘secularism’ have one meaning in the Kashmir valley and another in the rest of India? 

Why do we teach ‘doctored’ history in our schools and colleges? If, as is feared, teaching about the atrocities of long gone invaders exacerbates communal tensions, why does the news media show gory images of something happened in the recent past again and again, exaggerating them a thousand-fold? Does it promote communal harmony? Why does the news media magnify even minute excesses of the one side and at the same time wilfully and completely airbrush similar misdemeanours of the other? 

These are the questions that should be asked of the Indian milieu, which has come to be dominated by the oxymoronic ‘left-liberal’ for far too long. If ever a phrase justifies being termed an oxymoron then it is ‘left-liberal’. The ‘left-liberal’ are neither left nor liberal. And there would not be anyone more illiberal than them. They call anyone who disagrees with them or anyone with whom they disagree, ‘Fascists’! The milieu needs correction. It needs voices that project the right perspective.  This book attempts to provide that perspective.

For quite some time now, there have been suggestions from well-wishers to publish the contents of my blog site (http://www.voxindica.net/) in book form. I have resisted the suggestions initially as I felt the content that goes into blogs and websites is by and large topical and may at the most have academic referential value. Why publish it in book form?

While it is true many of the events that blogs narrate are of a transient nature, the issues that trigger the events quite often have long lasting effect. For example, the impact of the events triggered by the publication of a short story in Deccan Herald in 1986 is felt even today, thirty years later. The events cast such terror in what social-psychologists call ‘the collective consciousness’ of the Indian media that the issue is not invoked even as an example of an attack on the freedom of expression. In point of fact it would be an instructive case study worthy of discussion in journalism and social science classrooms. Consumed by dhimmitude, intrepid champions of freedom of expression live in Orwellian denial blanking off the events from memory.  

CONTENTS

FOREWORD

INTRODUCTION                                                                                                                

SECTION I − FREEDOM OF EXPRESSION

ARTISTIC FREEDOM & SOCIAL RESPONSIBILITY

              
              SECULAR BIASES

              COURTESANS NOT GODDESSES

              IS ARTISTIC FREEDOM ABSOLUTE?

              SURPRISING VERDICT

              FALLACY, IGNORANCE OR MISCHIEF?

              YALE UNIVERSITY EXAMPLE

              GRATUITOUS OBITER DICTA

THE CURIOUS CASE OF "DECCAN CHRONICLE" AS THE CHAMPION OF FREEDOM OF EXPRESSION

CHARLIE HEBDO MASSACRE & INDIAN INTELLECTUAL CHICANERY

SONIA & RAHUL MORE VENERABLE THAN ‘SITA & SARASWATI’?

SECTION II − TWISTING FACTS TO SUIT THEORIES

A LeT OPERATION IN J&K AND A DETENTION IN THE US! 

A WORM’S-EYE VIEW OF THE STATESMAN & THE TIMES OF INDIA

‘SUE WILEY’, ECONOMISING TRUTH & DAMAGING DISTORTIONS

             SUE WILEY 

               ECONOMIZING TRUTH & DAMAGING DISTORTIONS

ANGRY JANES, MAD TOMS & ‘INTERNET HINDUS’

               ANGRY JANES & MAD TOMS

               WHO OWNS THE MEDIA?

               WHAT IS OUTLOOK’S PROBLEM?

IBN-LIVE 'DISREGARDS' TRUTH

               HINDUTWA, SECULAR POLARITY

               SECULAR HEADLINE WRITING

               LIES, DAMN LIES & SECULAR LIES

               THE MORE CREDIBLE EVIDENCE

MEDIA AND ETHICS IN BRITAIN AND INDIA

FACTS ARE FLUID – COMMENT IS SACRED!

STING MERCHANTS & TRUTH FAIRIES

NEW YORK TIMES’ OUTSOURCED ‘INDIAN-SECULARISM’

DOROTHY DIXERS AND GRAPEFRUITS

NATWAR SINGH AND THE HINDU PARALLAX

INDIAN MEDIA’S ‘DEUS EX MACHINA’

LAZY, TABLOID, STEREOTYPE JOURNALISM

SECTION III − A DECADE OF SECULAR LIES

A REQUIEM FOR GODHRA

               THE TRAUMA OF BURNING

               THE LONELINESS OF PAIN

               NO WREATHS FOR THE KARSEVAKS!

               THE POLITICS OF DEATH

THE SECULAR GALAHADS OF JUSTICE!

               THE NEW KATHERINE MAYO

               THE BENT COPS

               THE HIRED GUNS

A DECADE OF SECULAR LIES

               THE KANGAROO COURTS

               JUSTICE TEWATIA COMMITTEE REPORT

HISTORY OF BLOODIER RIOTS

ENCOUNTERS, REAL, FAKE OR OPTICAL ILLUSION?

              ‘GANDHIANS WITH GUNS’

               ‘USEFUL IDIOTS’, EMPATHIZING TERROR?

               ENCOUNTERS, ENCOUNTERS, ENCOUNTERED!

SECTION IV − SHOULD WE REWRITE HISTORY?

HISTORICAL DILEMMAS

SHOULD WE REWRITE HISTORY?

RATIONALIZING GENOCIDE?

LEARNING OR POLITICAL CONDITIONING?

INTEGRATION OF INDIA – A TEST OF LEADERSHIP

JUNAGADH & HYDERABAD SNATCHING VICTORY FROM JAWS OF DEFEAT

JAMMU & KASHMIR SNATCHING DEFEAT FROM JAWS OF VICTORY

INTRODUCTION

MOUNTBATTEN’S FOXY ROLE

JUNAGADH

HYDERABAD

JAMMU & KASHMIR

PLEBISCITE RESOLUTION SABOTAGED BY PAKISTAN

STRATEGIC BLUNDER - 1949 NY GIFT

INDIA CHINA WAR 1962

INDIAN SHAME - CHINESE PERFIDY

THE TIBET BLUNDER

THE CHINESE FIFTH COLUMN

SECTION V − INDIAN SECULARISM

RAM JANMA BHUMI IN HIGH COURT

HOW PSEUDO-EXPERTS FAILED PSEUDO-SECULARS

PERVERSION OF HISTORY

IS A TEMPLE AT AYODHYA AGAINST REPUBLICAN IDEAL?

HAS THE COUNTRY MOVED ON?

MSM: ‘REWIND, FREEZE FRAME’

DISMISSAL OF TITLE SUIT CONCLUSIVE

PSEUDO-EXPERTS FAILED PSEUDO-SECULARS!

ISN’T IT TIME TO MOVE ON?

KASHMIRI PANDITS - A FORSAKEN MINORITY

NAC’S COMMUNAL VIOLENCE BILL

RETELL THE WOLF AND THE GOAT STORY!

THE WOLF AND THE GOAT

TARGETING HINDUS

TWIST IN THE TALE

SECTION VI − MISCELLANY

DEMOCRACY, FREE SPEECH & SECESSION

INDO-PAK RELATIONS - LESSONS FROM HISTORY

SCRAP ARTICLE 370. SAY ‘NO’ TO PAK SIACHEN PROPOSAL

‘WAR SPEECH’ COST GANDHI HIS ‘NOBEL’?

HOW TO TACKLE BLACK MONEY MENACE

WILL ‘INDIANS AGAINST CORRUPTION’ WIN?

ANNA HAZARE AND INDIANS AGAINST CORRUPTION

DRAMA AT JANTAR MANTAR

CYNICS & INTELLIGENTSIA VERSUS. CIVIL SOCIETY

‘AAM ADMI PARTY’ AND THE BATTLE OF PERCEPTION

P. V. NARASIMHA RAO AND THE ELUSIVE ‘BHARAT RATNA’!

IS ASTROLOGY SCIENCE OR SUPERSTITION?

IS THE UN A WHITE-MAN’S CLUB?

A PARTY OF VICTORS?

INDIA’S CLAIM FOR UNSC MEMBERSHIP

INDIAN NAÏVETÉ

UPA’S NAC RULE - DICTATORSHIP IN DISGUISE?

WILL WE RETURN TO ‘HINDU RATE OF GROWTH’?

‘NEHRUVIAN RATE OF GROWTH’

IMPLOSION OF A SOCIALIST SOCIETY

FAILED PROPHET OF SOCIALISM

‘HINDU RATE OF GROWTH’

FOREIGN INVESTMENT IN RETAIL - BANE OR BOON?

THE CHINESE EXAMPLE

AN INDIAN EXAMPLE

INDO-US NUCLEAR DEAL DEMYSTIFIED

INTRODUCTION

NUCLEAR MINERAL RESOURCES & TECHNOLOGY

NUCLEAR RESOURCES AND ENERGY PRODUCTION

THE 123-AGREEMENT VIS-À-VIS US REGULATIONS

THE COURSE OF THE NUCLEAR DEAL

THE OPPOSITION

CONCLUSION

CONCLUSION

END ACADEMIC APARTHEID