The ‘Little’ Ones

If the little world gets too messy,

The little people will wail,

I will see you,

Walking past the 

Last man standing, of,

This little worn out town

I still hear the

Birds singing, the 

Little stars still flicker as

I refuse to blink, and

The night refuses to go

On this little patch of suburban property, 

All I see, are

Your giant footprints, Oh! 

Your big car never

Coming back to these little unquiet streets, So

Will not be seen, 

Your big big smile 

What if

My dried up eyes look upwards and

Find the little blue sky

Shrinking?

There’s music so unusual, so little, so small

What if you never call

Your big big life, Your big

Big flight, moving over

My little, 

Little,

Heart

 

 

Oasis

I measure freedom with the

Stretch of my

Hands, my palms facing the  

Sky, fingers  

Stretched.  

I dance today in my stillness, I fly

With the winds unseen, I give up on the

Retreating rays of sun, in the sky, 

All I see, 

Is Blue.  

I whirl my storms in an utmost peace, the

Silence sings my fortunes

I flow through

My trajectories in every sip of 

My tea

Take me nowhere, but here

Take me somewhere, but there

I dawn my light in 

This evening,

See love,

In nothing

And everything

Little Broken Hearts

Little broken hearts, tonight

strut across the busy streets; fleets and fleets

of lost souls 

Illuminating into a thousand colours as

The yellow flicker lights dance

Upon their bewildered heads

When you see me out there tonight, I 

will be just a face in the crowd

Not rolling along with, but 

marching across

With this army walking the Odysseus’s journey

Together, but alone.  

From Have-Nots to Havelock: Understanding the Alternative ‘Now’ of Life

Between ‘one pint down’ and ‘thinking about another’, a conversation happened. Like most of my social outings, I didn’t exactly plan to meet the other party to that conversation, but I guess it happened for good; or, it could not have happened any other way.

Sitting on a jute mat at a quiet Naga café, the guy across the table carried a life story that was very fascinating. In a capsule, he got drunk one night, booked a ticket to Andaman Islands with his friends and then never came back home. As much horrific it sounds at this juncture, the follow-up is just so dreamlike. He fell in love with the scenic nature of the Islands and decided to settle down there. To his good fortunes, he immediately got a job at a tourism agency with a humble pay for which he bade goodbye to his job in the States. Five years fast forward, he’s now a diving coach at Havelock Island (Andaman), has a girlfriend and is still dwelling in a small studio apartment where he comes back to sleep after his enchanting tryst with nature.

Now, with this sort of a lifestyle set as a premise, there wasn’t much left for me to boast about my life – a law student surviving on optimism and slugging through competition. However, I did feel a little hit in my wits (maybe because of that second pint that I finally decided to take) that made me think the other way; to see through the romantic construction of his life. It may have been anything else, but as of now, I think it was that one thing that he said during that conversation that caused the hit – how it feels like to live in the ‘now’.

A remote island 1220 km away from south-east Indian coast, Havelock Island is a much neglected, strategically significant and naturally gifted Indian territory in the Andaman Sea. This faraway land is much closer to nature’s bounty; devoid of accessible mobile or internet connections. It is in this environment that this friend of mine found a home like nowhere. He said that it is like living in the ‘now’; detached from the strings of past and future. The only access to the news about the ‘parallel universe’ comes from a newspaper brought to him once a month by foreigners working in his organisations who get a permit for only 30 days and need to return to their respective countries once in every month. So, it is the music of the winds and the vistas of the stretched out sea that entraps his conscience for the longest duration of time – a form of liberation, as he puts it.

Does that mean that the life I lead or is led by some of the people that I know is not lived in this idea of ‘now’? And, is it even worth harping about? Well, to each its own, can be a possible answer. However, to me, it looks more like an excuse than an explanation. So I thought more closely about it and did come across with certain explanations.

There are two ways one might feel like living a life of this diving coach from Havelock. First, it is a natural calling motivated by one’s deepest understanding of self or coming to know of the same. Second, the romantic construction of such a life in one’s head, more like a reference group, without understanding the correlation of the same with one’s understanding of self. I think for my friend, it was the first case that motivated his decision; even though I don’t know much about him. However, to a lot of people, it may be a motivation falling under the second category.

The information we receive about these referential lifestyles is mostly asymmetrical. We often tend to focus on the broader bright side of such stories to feed the voids existing in the understanding of our own life. This is how we create some sort of a mental equilibrium (or at least try to do so) by feeding hope and aspirations to an apathetic conscience. ‘Grass is always greener on the other side’ is a phrase generating from the similar mental construction. There are many philosophers and movies that have vividly romanticised this idea of ultimate liberation – a detachment from all possible human connections that take us away from nature. But is it the only form of liberation available or is it just a form of resignation disguised as one? I would say, it’s neither.

Nature itself asks to move away from structural and linear interpretations of life. The constant movement and mutations of smallest of cells is a reflection of the degree of diversity we are capable of. So, in this particular understanding of nature, the liberation and the lifestyle as fashioned by my diver friend becomes ‘one’ of the many choices available. Something which is neither smaller nor larger than the life we naturally desire to live and not romanticises about. It requires a much deeper and honest understanding of self to differentiate between the one wanted and the one fancied. So, the diving coach doesn’t live in the ‘only now’; rather, he lives in the ‘alternative now’ and so do we.

If I’m a person who seeks to outgrow his space and predictabilities associated with his identity, I’m a person of movement and not resignation. For me, liberation lies not in finding solace in a static life closer to nature but optimising my potential and energies in understanding the diversity this nature offers. This doesn’t put the orientation opposite to mine in a less important pedestal. It just gives me space and authority to respect and love the alternatives that I wish to choose for myself. There’s no pitting one ‘now’ against the other. It is about recognising self and nurturing it within the various alternatives of ‘now’.

So, as we bade goodbye to each other and I headed for an eagerly awaited family function, I settled my bill and scribbled a little note for my diver friend that read –

“I would love to walk your land, or the only land you know. I would love to wrap my head around the liberation that you understand. But I will soon grow different and might want to sail away. For the island that brought me liberation once, might also bring rising waves within that hit the rocks hard and then retreat back to the sea, defeated.’

 

A Philosophy Called Vidhisha

As I vaguely remember it, like most of my conversations with her, it kind of happened after a college party at her house. She was slightly under the bliss and I was as sober as one can be. Of course, by choice. There’s always something very distinct about the conversations I have with her; whether contextualised or not. She’s not like any other talker. She’s different; she’s her.

Just like her genealogy, words coming out of Vidhisha’s mouth are anything but predictable. She still holds the award for the funniest conversation of 2017 and I don’t see anyone coming even an inch closer to that. However, that night, and maybe during that conversation, I quite unconsciously pierced through the obvious. I did not see or measure Vidhisha by the words she spoke or the moves she displayed. I looked through all of that and found myself staring straight into her super-consciousness. That night, I could see a remorse so unapologetically surfacing on her being that no gesture could disguise it as anything else. Through the eyes that were watering and the smile that was widening, I saw a Vidhisha that I’ve never seen before – a calming disposition.  

So what was it that made that face so unrecognisable and yet so relatable? Well, it was Jay Chou. This might seem like an abrupt disconnection of sorts but I find it imperative to mention that Vidhisha is a huge K-Pop buff, and if you ever get to know her, you’ll know she doesn’t just stop there. So, it was Jay Chou and his songs that set the tone for that conversation and everything that ran parallel to it; wait, maybe tangent.

With an almost empty pint of Budweiser in her hand, we went on to sit on what I suppose was some sort of a couch right under a string of small yellow lights. After a sip or two and her smile beginning to widen, she said – ‘You know what, I hate listening to Jay Chou, this K-Pop Singer.’ ‘Then why do you listen to him’ I asked what I thought could be the most logical follow up question. ‘Because I love his songs’, she replied. ‘Hold on a second. Didn’t you just say you hate him?’ ‘I didn’t say that. I said I hate listening to his songs’. I was so baffled by this glaring contradiction in her statements, and as sober as I was, I couldn’t help but let my shallowness take control of my tongue – ‘I think you’re tired and you need to take rest Vid.’ ‘Why would you say that’ she replied with that smile still gleaming on her face. ‘Wait, let me explain it to you’ – and that’s where I got to know what layers of complexities lie in that one statement that she made so unintentionally.

Whatever she said that night, didn’t register much with the rationalising process of my mind. However, it took me almost 12 months to understand not only that conversation but the context in which it was made. Finally, I got to get hold of an idea that is so close to Vidhisha that it just silently made its presence that night and I could not help but just restrict my reaction to mere admiration.

For past few weeks I’ve been digging a lot of ancient Japanese history; Heian period to be précised. While reading The Tale of the Genji by Murasaki Shikibu, I came across this heart warming philosophy of mono no aware. Having its roots in the Japanese Buddhist and Shinto tradition, mono no aware is one term that cannot be exactly translated into any other language. It’s more like an inexpressible emotion captured in the uttering of ensemble of words. After much deliberation, historians and linguists have loosely translated it as ‘realisation of pathos’. It is when one gets a realisation of the beauty associated with fleeting nature of life that the feeling of mono no aware surfaces. It peculiarly homes two contrasting ideas, beauty and loss, under a singular bracket of emotion. One must feel the loss when one sees something beautiful in order to experience mono no aware.  This pathos of beauty concept traces itself from the Buddhist idea of impermanence; the fleeting nature of life that Murasaki Shikibu so unapologetically described in her legendary piece of literature.

There’s one thread  that is missing from associating Vidhisha’s hatred for Jay Chou with the Japanese philosophy of mono no aware – and that is – the reason why? What can be the reason that Vidhisha hates the idea of Jay Chou in her life even while not hating him as an artist or a person? She answers to this dilemma by saying that she hates listening to him because every time she does, she loses something close in her life. No matter if it’s a boyfriend or her favourite dress, something gets ruined every time she listens to Jay Chou’s music. ‘Then why do you listen to him?’I asked, ‘Isn’t holding on to things you love more important than feeding on to your hobbies’? After hearing my questions, that smile starts to resurface on her face and without any contemplation she said – ‘But there’s nothing more beautiful than Jay Chou’s music; even if it’s worth a loss. For things that are bound to go will go, but the beauty that I discover in his music, will always remain forever. For that particular moment when I’m listening to his music, there’s nothing more beautiful that I can think of.’

So, there you go, the Vidhisha I so proudly claim to know for almost 3 years, is someone way more than the words that she usually finds herself being measured by. This Vidhisha is a philosophy. She is a depth of feelings that understands inherent truths of life more than anyone I have ever met in this college.

 

 

Trump-NATO Mismatch on Paris Agreement

Trump’s decision to pull America out of the Paris Agreement on Climate Change comes just two months after the publication of NATO Report on Food and Water Security in the MENA region. Taking into consideration the amount of control US enjoys over collective decision making of NATO, Trump’s decision has made a mockery out of the Science and Technology Committee of NATO.

The report which was published in March 2017 heavily emphasises upon the interconnection between scarcity of natural resources and the rising civil conflict in the Middle East and North Africa Region (MENA). According to the report, this interconnection manifests itself in the form of humanitarian crisis, migratory pressures, and intra-state and inter-state conflicts.

It is not just NATO but even US Department of Defense considers climate change to be a threat multiplier. Former US Secretary of State Chuck Hagel said that climate change will lead to disputes over refugees and resources. In addition to this, a research paper submitted to the US National Academy of Sciences claimed climate change as one of the major reasons behind the civil war in Africa. Assenting to the choir, former UN Secretary General Ban Ki-moon called the war in Darfur as the first climate conflict. Many scholars in US universities have conducted comprehensive studies to demonstrate the impact of global climate change on armed conflict.

As the scientific and academic community, both in US and UN, is constantly focusing on understanding the impact of climate change on rising conflicts, the current decision of President Trump doesn’t shy away from disregarding the entire body of literature on the matter. As the clamour for greater environment protection grows louder, and leaders such as Modi, Macron and Merkel explicitly declaring their stance on the Paris Agreement, this move further isolates America from Europe and provides a gateway to China to muscle up its diplomatic relations with the region.

Spain’s Infamous “Sun Tax” – Would it stand the Test of Legality ?

Spain has imposed a support levy on the producers of solar energy in order to deflate the looming deficit in the energy sector of the country. The tax is supposed to help the government in cashing upon the growing demand for solar energy in order to run the government operated grid.

Spain’s energy sector has hit by two pronged attack

  1. The decline in the investments in renewable energy sector
  2. The rising rate of import of energy

In 2014, the government of Spain had withdrawn the subsidies from the renewable energy sector, a move which was a shift from the “Feed-In Scheme” followed by most of the European countries. Under this scheme, the producers of renewable energy are given subsidies in the form of technology cost cuts and minimum support revenue. The withdrawal was later backed by the Supreme Court which upheld the constitutionality of the same and left the renewable energy producers knocking the doors of EU and other arbitrations.

The second problem arose for the fact that Spain imports 80% of its energy supply, expending 40.5 billion Euros annually which is 4.5% of its GDP. This trend became even more unfortunate by the growing rate of renewable energy consumption in the country. People who installed solar panels not only consumed energy by themselves but also saw it as a commercial opportunity to sell the surplus electricity produced from such panels. This further concentrated the fiscal burden on the government and the tariff deficit soared to 34 billion Euros; even when 95% people still receive electricity at Tariff of Last Resort (TLR) rate which is governed by the government.

It is in this backdrop, that the Spanish government came up with a tax on Photovoltaic System (PV) owners. The key features of this policy are:

  1. PV systems up to 100 kW are prohibited from selling electricity. Instead, their owners are required to donate the extra electricity to the grid for free
  2. For PV systems up to 100 kW, the owner of the installation must be the owner of the contract with the electricity company. Moreover, before installation, permission must be sought from the electricity supplier and the Spanish government
  3. Community ownership is prohibited altogether for all sizes of self-consumption systems

 

After establishing the law, what comes next is the test of legality where the piece of legislation is made to stand the principles of rule of law, non-arbitrariness and fairness. Likewise, the sun tax needs to pass the legality test vis-à-vis Spanish Constitution and EU Directive on Renewable Energy.

The constitutionality test of sun tax attracts two provisions of the Spanish Constitution – Article 9.3 that establishes principle of legal certainty and non retroactivity of punitive provisions and Article 106.2 that puts an obligation on government to compensate individuals for losses suffered by them due to administrative action. Even though the retroactive application of PV Systems tax does violate Article 9.3 by setting a punitive provision even for those persons who had already established the PV systems, the Supreme Court’s multiple rulings denying the unconstitutionality of cut in feed-in tariff (subsidy to renewable energy sector) makes it near impossible for the Constitutional Court to have a different interpretation of Article 9.3 vis-à-vis retroactive taxation. Moreover, proving legal uncertainty in this matter would be difficult as the Electricity Sector Law 54/1997 authorizes the government to modify its energy policies as long as the modifications are objective and non-discriminatory. So the only way to move ahead with Article 9.3 is to show how the aforementioned tax does not pass the test of objectivity and non-discrimination as laid down in the Electricity Sector Law for it does not give any reasonable explanation for differentiating between the class of PV Systems Operators and other electricity suppliers.

The major bottleneck in moving Constitutional Court to strike down PV Systems tax as unconstitutional is Article 162 of the Constitution. Since the sun tax is a Royal Decree-Law (as it was ratified by the Parliament), as per Article 162, the appeal for unconstitutionality of such law can only be moved by the Prime Minister, President, Ombudsman, 50 members of Parliament or 50 members of senate. It disenfranchises the Union of PV Systems owners, people who are most severely hit by this law, to move the Constitutional court for the ultimate remedy. The only way through which they can approach the court is when the actual application of the law, for instance deciding the rate of tariff, causes some discrimination for which an appeal can be filed only to an ordinary court asking it move an appeal of unconstitutionality in the Constitutionality. This indirect procedure is highly uncertain and depends on the mercy of the ordinary court to endorse an appeal to the Constitutional court.

Since it is very difficult to strike down the PV Systems tax as unconstitutional, an effective remedy can be to approach court under a liability suit asking for compensation for the loss caused by an administrative function. However, even in that case the loss has to be real, concrete and of economic value.

Other legality test for the policy is the one posed by EU Directive 2009/28/EC. Clause 8 envisages a mandatory target of 20% contribution from renewable energy in the total energy production by member states by the year 2020. In addition to this, Clause 19 asks the member states to constantly evaluate energy policies and ensure that they are aligned to meet the aforementioned target. The sun tax policy is anything but the compliance of both of these clauses. Therefore, as of present, there are 6 petitions pending in the EU court challenging the cut in feed-in tariff and 9 petitions challenging the sun tax.

Another challenge under International Law comes from the Energy Charter Treaty to which both Spain and the EU are signatories. Article 10 of the Treaty obliges the signatories to provide fair and equitable treatment to the investors of the other contracting states, to respect the obligations entered into vis-à-vis contractors, and not have a differential treatment between foreign and domestic investors. Moreover, International Arbitration Tribunals have upheld the protection of legitimate expectation of investors to have a stable and predictable legal and administrative framework. This Article is largely in line with general protection guaranteed under Article 9.3 of Spanish Constitution. Since, this policy is already shown to be violative of Article 9.3 of Constitution; it would be safe to call it violative of Article 10 of the Treaty also. Now that the discrimination has been established, the investors can move either domestic courts or international arbitrations to challenge the discriminatory policy under Article 26 of the Treaty. Pending arbitrations such as EDF v Hungary and Vattenfall AB, and Vattenfall Europe Generation AG & Co KG v Germany, show that Article 26 can be applied in EU member states also.

 

It is quite obvious that the tax on PV Systems will have an adverse effect on the cause of environment protection. At the post COP 21 era, where commitments have been made to move towards greener and alternative sources of energy, this move comes across as a move backwards.

Instead of taxing renewable energy to support conventional energy market, the government of Spain should have accepted the voluntary or obligatory quota scheme as followed in Sweden. Under this system, producers of renewable energy are given certificates for every unit of electricity they produce. Moreover, in some areas the electricity supply chains are obligated to take a quota of electricity from renewable energy producers. Therefore, the producers of solar energy are able to sell electricity in energy market at equal price and have full access to the demand. This system ensures balancing of electricity consumption and production on the basis of market forces of demand and supply and either way the energy sector market is benefitted with revenue. This scheme will also reduce tariff deficit for the system ensures reduction of support cost as it is operated through competition.

Since there is abundance of sunlight in Spain and people are also choosing renewable sources of energy, the abovementioned scheme is a much better choice than the sun tax for the former will encourage growing foreign as well as domestic investments in the energy sector, hence reducing the deficit. On the contrary, the sun tax will repel the investors; increase the burden on government to provide support cost for conventional grid energy.

With abovementioned arguments in context, the people of Spain shouldn’t be charged for sunlight, a public resource so central to their cultural and folk practices. I hope the sun would set on the tax and the jubilation would again sing – Sale el sol.

 

Of Lovers Once Here

Just sit back and stare at

What your eyes show you of this world

Of this lagoon,

Of the sky that is on the edge of being delusional.

Just sit back and stare

With your leather satchel by your side

This is not a divided world, This is

What you left for what you have

The time is running, the rain is on its way

Just sit back and stare,

There won’t be much left to see

Vulnerabilities

If I don’t see you at the stretch of my vision,

I hold my back, lean on, and

Let myself lose a little,

I take myself back to that house,

The walls painted with the colours of your joy

And, there I see that old picture,

Waiting for me to clean it off the dust, off the mellow

And the denial.

When your footsteps are no longer to be seen on the ground

Your face is to be seen within,

And the smile,

To be seen on mine.

Isn’t it funny how time never let me have you?

Between all the confusions, chaos, the laughs and cries, those petty fights,

The constant making memories of your presence;

and

The longing and lamenting of your absence;

Between the time too much and no time at all,

I find you.

I find you in the unforgettable moments of self where there’s nothing but freedom,

I find you in voids, in the voices that know no language

When time and destiny takes you away from me, I

I find you somewhere inside me,

Safe,

And nobody can take that away from me.