Kihore Da's List: Hum Bewafa (Shaalimar)

No doubt that he was a great singer and a legendary personality in the Indian music world. When we talk of his best songs, this one comes in mind first.

Hum bewafa hargiz na the
Par hum wafa kar naa sake
Humko mili uski sazaa
Hum jo khata kar naa sake
Hum bewafa hargiz na the
Par hum wafa kar naa sake

Chorus:
jingala la hum, jingala la hum
Jingala la hum hurr hurr, hurr hurr

Kitni akeli thi woh rahen hum jinpe
Ab tak akele chalte rahen
Tujhse bichhad ke bhi o bekhabar
Tere hi gham mein jalte rahen
Tune kiya jo shiwa
Hum woh gila kar naa sake
Hum bewafa hargiz na the
Par hum wafa kar naa sake

Chorus:
hurr hurr, hurr hurr, hurr hurr

Tumne jo dekha suna sach tha magar
Itna tha sach yeh kisko pataa
Jaane tumhe maine koi dhokha diya
Jaane tumhe koi dhokha hua
Is pyaar mein sach jhooth kaa
Tum faisla kar naa sake
Hum bewafa hargiz na the
Par hum wafa kar naa sake

Chorus:
jingala la hum, jingala la hum,
jingala la hum hurr hurr

Car collage of Alto

Regimes controlling the proliferation of weapons of mass destruction and Indian position.

It was a situation equivalent to adding fuel to the fire when India -who denied to sign the Nuclear Non-Proliferation Treaty (NPT) of 1968 - conducted its nuclear test in 1974 at Pokhran.

Jawaharlal Nehru,before he became the nation's first Prime Minister, announced:

"As long as the world is constituted as it is, every country will have to devise and use the latest devices for its protection. I have no doubt India will develop her scientific researches and I hope Indian scientists will use the atomic force for constructive purposes. But if India is threatened, she will inevitably try to defend herself by all means at her disposal."

Nuclear program of India.

• 1944. India's started its nuclear program started and its three-stage programme in nuclear technology was founded by Dr. Homi Bhabha, when he founded the nuclear research center, the Institute of Fundamental Research. India's loss of territory to China in a brief Himilayan border war in October 1962, provided the New Delhi government impetus for developing nuclear weapons as a means of deterring potential Chinese aggression.
• 1972. India ratified the Biological Weapon Convention (BWC).
• 1974. India conducetd its first nuclear test (code-named "Smiling Buddha"), which it called a "peaceful nuclear explosion." It used plutonium produced in the Canadian-supplied CIRUS reactor. As a consequence, it raised concerns that nuclear technology supplied for peaceful purposes could be diverted to weapons purposes. 
• 1975. As a result of the test of 1975, the Nuclear Suppliers Group (NSG) was formed.Its purpose was to curb the proliferation of certain non-weapons specific nuclear technology that could be readily turned to weapons development. Nations already signatories of the Nuclear Non-Proliferation Treaty (NPT) saw the need to further limit the export of nuclear equipment, materials or technology.
• 1996. India ratified the Chemical Weapon Convention (CWC).
• 1998. India performed further nuclear tests (code-named "Operation Shakti"). In 1998, as a response to the continuing tests, the United States and Japan imposed sanctions on India, which have since been lifted.
• 2010. The National Security Advisor Shivshankar Menon confirmed a significant shift in nuclear weapon use policy from "No first use" to "no first use against non-nuclear weapon states".

Major regimes on use of nuclear technology and Indian position.

Treaty on the Non-Proliferation of Nuclear Weapons (NPT). 1968. The Treaty on the Non-Proliferation of Nuclear Weapons, commonly known as the Non-Proliferation Treaty or NPT, is an international treaty, which was brought with objective to prevent the spread of nuclear weapons and weapons technology, to promote cooperation in the peaceful uses of nuclear energy and to further the goal of achieving nuclear disarmament and general and complete disarmament. It was opened for signature in 1968, the Treaty entered into force in 1970.
India is one of the four UN member states that have never joined the NPT (others being Israel, Pakistan and South Sudan). The reason being the failure of the NPT to stop the proliferation of nuclear weapons or the motivation to acquire them. While Article VI of the treaty obligates the nuclear weapons states to liquidate their nuclear stockpiles and pursue complete disarmament, the non-nuclear states see no signs of this happening as the five authorized nuclear weapons states (all five permanent members of the Security Council) still have 22,000 warheads between them and have shown a reluctance to disarm further.

Nuclear Suppliers Group (NSG). 1975. Unlike the NPT (which focuses on the curb on proliferation of the nuclear weapons), the NSG is a multinational body concerned with reducing nuclear proliferation by controlling the export and re-transfer of materials that may be applicable to nuclear weapon development and by improving safeguards and protection on existing materials.

As the Pokhran test of 1974 showed that certain non-weapons specific nuclear technology that could be readily turned to weapons development, the formation of NSG was considered inevitable.The provisions of this group prohibit the members from engaging in trade of nuclear materials and technologies with the countries that have not signed NPT.

India is not a member of the NSG but in a meeting of 2008, the NSG participating governments agreed to grant India a "clean waiver" from its existing rules, which forbid nuclear trade with a country which has not signed the Nuclear Non-Proliferation Treaty (NPT). This was to facilitate the implementation of the civil nuclear deal between India and USA in 2008.

Also, during a state visit to India in November 2010, U.S. President Barack Obama announced U.S. support for India's participation in the Nuclear Suppliers Group, the Wassenaar Arrangement, the Australia Group and the Missile Technology Control Regime, "in a phased manner,".

During a visit to India in December 2010, French President Sarkozy also expressed his country's backing for India's inclusion in Nuclear Suppliers Group.

The United Kingdom has for a long time been a supporter of India's inclusion in the Nuclear Suppliers Group.

Australia Group. 1985. Keeping into mind the disaster caused by the use of chemical weapons during the Iran-Iraq war (1984), the Australian government proposed creating the group in April 1985 as a means of uniting 15 countries that had independently established national controls on chemical weapons-related exports. At the first meeting in June 1985, the Australia Group initially focused on chemical weapons but by 1990 had extended its activities to include biological weapons. 

India has ratified the Biological Weapon Convention (BWC), 1972 and Chemical Weapon Convention (CWC), 1992. India has a well-developed biotechnology infrastructure and highly qualified scientists for working with lethal pathogens. Some of India's facilities are being used to support research and development of Biological Weapon for defence purposes and not for attacking purposes.

Also, after signing CWC, it destroyed its stockpile of chemical weapons completely by 2009.

Missile Technology Control Regime (MTCR). 1987.The Missile Technology Control Regime (MTCR) is an informal and voluntary partnership between 34 countries to prevent the proliferation of missile and unmanned aerial vehicle technology capable of carrying a 500 kg payload at least 300 km. It was created with the objective to curb the spread of unmanned delivery systems for nuclear weapons, specifically delivery systems that could carry a minimum payload of 500 kg a minimum of 300 km.

The MTCR rests on adherence to common export policy guidelines (the MTCR Guidelines) applied to an integral common list of controlled items (the MTCR Equipment, Software and Technology Annex).Each MTCR member is supposed to establish national export control policies for ballistic missiles, cruise missiles, unmanned aerial vehicles, space launch vehicles, drones, remotely piloted vehicles, sounding rockets, and underlying components and technologies that appear on the regime's Material and Technology Annex. Members can add items to or subtract them from the annex through consensus decisions.

Of all the control regimes, this regime has prevented India from acquiring the technologies for missile purposes and satellite launching purposes. Historically, the US imposed sanction on the USSR in 1990, as even after agreeing to adhere to the MTCR Guidelines, Russia sought to transfer cryogenic rocket engines to India which resulted in imposition of sanctions on both the countries by the US. Although the Russians cancelled the sale of technology and consequently the sanctions on them were lifted, the sanctions against India remained in place until their expiry in May 1994.

In 2008 India voluntarily committed to following the MTCR export control guidelines.

The Wassenaar Arrangement. 1996.It is the successor to the Cold War-era Coordinating Committee for Multilateral Export Controls (COCOM), and was established on 12 July 1996, in Wassenaar, the Netherlands, which is near The Hague. The Wassenaar Arrangement is considerably less strict than COCOM, focusing primarily on the transparency of national export control regimes.

Every six months member countries exchange information on deliveries of conventional arms and dual-use goods to non-Wassenaar members that fall under eight broad weapons categories: battle tanks, Armored combat vehicles (ACVs), large-caliber artillery, military aircraft, military helicopters, warships, missiles or missile systems, and small arms and light weapons.

Enforcement to tackle drought and flood.

Every year, we come across the news of massive deaths due to flood and drought, yet we only lament about and are not able to suggest any mechanism. 

One day, when I too thought about the grave situation of Indian subcontinent, I just realised that our Engineers, instead to flying abroad to grab the 7 digit annual package, should be engaged on a project that can tackle the twin problems of flood and drought during monsoon. 

For this purpose:

1. First of all, there should be a map of the affected areas. This will include the areas surrounded by the rivers and areas not having irrigation facilities.
2. Plan should be drawn to connect the areas to bring them at the level playing field.
3. There should be a committee set up to estimate the funds and duration of completion of the project.
4. There should be a team of good construction Engineers that will be compulsorily required to serve the project in India, for which they will be given preference in the job interviews in firms and companies.

Obviously, India has one of the best technical manpower team in the world, it can tackle the problem in planned way.

The law on adoption and recent verdict by the Supreme Court.

Timeline of Juvenile Justice Act (J.J. Act).  

• 1986. The Government of India enacted the Juvenile Justice Act.
• 1989. the General Assembly of the United Nations adopted the Convention on the Rights of a Child (UNCRC).
• 1992. India ratified the UNCRC.  
• 2000. UNCRC outlines the right of the child to reintegration into society without judicial proceedings where avoidable. Hence the Government, to fulfil the standards of the convention felt a need to re-write the law. Hence in  the old law was replaced by the Juvenile Justice (Care and Protection of Children) Act.

JJ Act.

In this act a child or juvenile is defined as a person who has not completed his/her 18th year of age. It outlines two target groups: Children in need of care and protection and Juveniles in conflict with law. This act protects not only the rights of children, but a person's rights when he/she was a child. Meaning that if a crime or an incident took place while the person was a child, and then during the proceeding the juvenile ceased to be of age the case would continue as if the juvenile has not turned eighteen yet. 

Adoption under the JJ Act.

Under section 2(aa) of the Act (which was added through the amendment of 2006), the definition of adoption was laid down as follows:

"adoption means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship".   

The Supreme Court verdict.

In a landmark and controversial judgment the Supreme Court, last Wednesday ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it. The bench headed by Chief Justice P. Sathasivam ruled that:

"The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute".

Before this judgment the Muslims, Christians, Jews and those from the Parsi community only had the power of guardianship in which one possess only legal right on the child till he or she turns an adult. The biological parents had a right to intervene during that period. In other words, The right to adopt a child deemed to have been restricted to Hindus, Buddhists and Jains.

Read more at: http://indiatoday.intoday.in/story/supreme-court-gives-adoption-rights-to-muslims/1/344463.html

Read more at: http://indiatoday.intoday.in/story/supreme-court-gives-adoption-rights-to-muslims/1/344463.html

Adoption- not a Fundamental Right.

The court turned down the plea for declaring the right of a child to be adopted and right of a parent to adopt a fundamental right under the Constitution, keeping in mind the view of conflicting practices and beliefs. 

However, it recognised that the JJ Act is a "small step towards formation of a uniform civil code". Also it said: "A person is always free to adopt or choose not to do so and, instead, he follows dictates of the personal law". 

Controversy involved.

The ruling witnessed protest from the All India Muslim Personal Law Board (AIMPLB) as it considers it a covert attempt to slip in a uniform code by the backdoor which would infringe the Shariat law. Also, it has been criticised to be violative of Article 25 of the Constitution. Article 25 lays down that:

Article 25  Freedom of conscience and free profession, practice and propagation of religion.

(1) Subject to public order, morality and health and to the otherprovisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. 

Read more at: http://indiatoday.intoday.in/story/supreme-court-gives-adoption-rights-to-muslims/1/344463.html

Read more at: http://indiatoday.intoday.in/story/supreme-court-gives-adoption-rights-to-muslims/1/344463.html

Read more at: http://indiatoday.intoday.in/story/supreme-court-gives-adoption-rights-to-muslims/1/344463.html

Read more at: http://indiatoday.intoday.in/story/supreme-court-gives-adoption-rights-to-muslims/1/344463.htm

D-Day: Nikhil Advani's mission becomes possible.

If Tom Cruise and Paula Wagner have gained fame for the Mission: Impossible series, this time Nikhil Advani has became their Indian counterpart. 

This movie, another genuine movie on the working of the Indian intelligence agency RAW (Research and Analysis Wing) has proved to be at par with Madras Cafe. Looking into the performance of the actors, the role of Rishi Kapoor as Goldman (who seem to have been based on the personality of the underworld don Dawood Ibrahim) has been appreciated much. Among all the actors that have played the character of Dawood (though, bollywood movies, except Black Friday, have done away from controversy and risk involved in using name of the don), Rishi Kapoor has performed the best according to his appearance and personality and, of course, his style.

Obviously, Irrfan Khan has given his best to the role of a RAW agent. But other members of the team played by Arjun Rampal, Huma Quraishi and Aakash Dahiya (as Aslam) have not lagged behind in giving their due share of performances.

Action scenes and stunts are awesome, which can lure the lovers of action movies. This movie, though not based on true happenings -as no one has even dared to touch the underworld don- it provides a hint for the Indian policies to nab the culprits who pose threat to the security of India. 

Darr @ the Mall: Fails to evoke fear in minds.

It seems that after 2008, the Indian cinema industry has failed to take a cue from the much appreciated horror movies like 1920 and 13B. No other movie could deliver the same package of thrill, adventure and fear as it did. Even there was much expectation from the recent horror flicks 1920 Evil Returns and Ek Thi Daayan.

There was an expectation that Bollywood will learn something from these failures and the movie released this Friday, Darr @ The Mall will be a ray of hope. But this also seems to have shattered our hopes. 

While I rushed to the cinema hall nearby to grab some thrill and horror, my attempts and expectations seem to have gone futile like other movie buffs. There seem to be some weak links that mar the fear factor in the movie.

For example, the scene wherein the small girl (that was a ghost) revealed the secret behind the fear in the mall. Movie lacks a good climax and background score (unless the background music is like that we enjoyed in first half of Ek Thi Daayan, or 1920 the movie is crap in the name of horror flick). As far as the scenes are concerned, the fear factor should be like that of 1920, which is benchmark in the Indian horror movies. 

At last, the suspense was not properly revealed in the movie(for which I consider 13B as the benchmark). Initial scenes of the movie were quite promising of the quality of the entire movie, but later it fails due to weak presentation.

In a nutshell, the future horror movie producers should take a cue from 1920, 13B and Ek Thi Daayan before branding them a true horror.

Chinese Air Defense Identification Zone (ADIZ) and Indian concern

Recently, China had been in news, as usual not for good reasons, regarding its ADIZ claim in East China Sea. Its recent announcement of an Air Defense Identification Zone in the East China Sea has generated a great deal of confusion and alarm. So, several questions arise about ADIZ, which are as follows:

What is an ADIZ?

An ADIZ is a publicly defined area extending beyond national territory in which unidentified aircraft are liable to be interrogated and, if necessary, intercepted for identification before they cross into sovereign airspace. 

What is the reason to have an ADIZ?

The concept born during the Cold War era (in the 1950s), when the United States declared the world’s first ADIZs in order to reduce the risk of a surprise attack from the Soviet Union. An ADIZ is useful for:

1. Reducing the risk of midair collisions, 
2. combating illicit drug flows, 
3. search-and-rescue missions, and 
4. reducing the need for fighter jet sorties for purposes of visual inspection. This last point is the most important: ADIZs can increase transparency, predictability, and strategic stability by reducing uncertainty on both sides about when, where, and how aerial interceptions might take place. In 1960, for example, the Soviet Union had no clearly established air defense identification zones and procedures, and the resulting confusion led to a U.S. reconnaissance aircraft being shot down over international waters.

Which countries have ADIZ?

The countries having ADIZ include:

1. 
   United States has five zones (East Coast, West Coast, Alaska, Hawaii, and Guam) and operates two more jointly with Canada. 
2. India, 
3. Japan, 
4. Norway, 
5. Pakistan, 
6. South Korea, 
7. Taiwan, and 
8. the United Kingdom. 
   
   
   
   
   
   

What are the rules and regulations of International law on this point?

ADIZ is not governed by any international agreements. Neither there is any explicit authorization for countries to establish them nor are they explicitly prohibited from doing so. ADIZs usually extend into what is universally acknowledged to be international airspace, even by the countries that maintain them, and in no way confer any sovereign rights. Countries have the right to regulate air traffic only over their sovereign territory, hence they are not legally obliged to comply with another countries’ ADIZ requirements in international airspace. But they tend to do so because of the security and safety benefits to all.

So why did China establish its East China Sea ADIZ?

The desire to reduce the risk of midair collisions is a suitable explanation. The concern is not regarding commercial air traffic, which is already under good regulation in the East China Sea. Rather, it is military flights, as was demonstrated in 2001 when a U.S. Navy EP-3 collided with an F-8 fighter from the Chinese Navy over the South China Sea. 

The serious incident of April 2001 between the United States and the People’s Republic of China (PRC) involved a collision over the South China Sea between a U.S. Navy EP-3 reconnaissance plane and a People’s Liberation Army (PLA) naval F-8 fighter that crashed.  After surviving the near-fatal accident, the U.S. crew made an emergency  landing of  their damaged plane onto  the PLA’s Lingshui airfield on Hainan Island, and the PRC detained the 24 crew members for 11 days.  Washington and Beijing disagreed over  the cause of  the accident,  the  release of  the crew and plane, whether Washington would “apologize,” and  the PRC’s  right  to  inspect  the EP-3.  In the longer term, the incident has implications for the right of U.S. and other nations’ aircraft to fly in international airspace near China.  

But the real cause was false belief of China that it would aid in its dispute with Japan over the Senkaku (Diaoyu) Islands. Chinese leaders could have believed this for one of two reasons: first, they believed that an ADIZ signals or confers sovereign rights; or, second, they believed that declaring an ADIZ covering the disputed islands would enhance their bargaining position.  

What is the stand of India?  

Indian government has avoided taking sides of the US and Japan in the tense dispute over China’s announcement of an air defence identification zone (ADIZ) in the East China Sea in 2013. The US and Japan have challenged China’s declaration by flying military aircraft into the zone, which overlaps the Japanese ADIZ and includes the disputed Senkaku/Diaoyu islands, leading to the danger of conflict provoked by a miscalculation or mistake. 

Indian government stressed that the conflict could be best resolved through dialogues. 

Gulaal: right presentation of lust of power

In my opinion, this movie has raised respect for Mr. Kashyap more than what he earned for his 2012 works like Gangs of Wasseypur (both I and II). Watching this movie is like enjoying the ride of a super-bike like Hayabusa or enjoying the luxury of luxury SUVs, as in both cases you are bound to appreciate every part of the engine and along with the exterior and interiors of it.

The artists on the stage and behind the curtains have shown their talent in a very interesting way that you can't ignore. If you are not a fan of Hindi movies, this movie is all set to stir your thoughts.

This movie, starring Kay Kay Menon, Raj Singh Chaudhary, Abhimanyu Singh, Deepak Dobriyal, Ayesha Mohan, Jesse Randhawa, Piyush Mishra and Aditya Srivastava. The film explores themes such as pursuit of power, quest for legitimacy, perceived injustices and hypocrisy of the powerful. The film is set in present day Rajasthan, a state in western India. The plot is provided by student politics of the university and a fictitious secessionist movement consisting of former Rajput leaders who have become present day elite.

Production on Gulaal began in 2001, when Anurag Kashyap was listening to songs from Pyaasa and his film Paanch was struggling with censors. Inspired by Mohammad Rafi songs from Pyaasa ("Yeh duniya agar mil bhi jaaye to kya hai") and Zeenat, ("Haye re duniya") the film is a dedication to Sahir Ludhianvi, the lyricist of the song and all other poets who had a vision of India. The film was also partially based on a story idea by Raj Singh Chaudhary who eventually played the role of Dilip Singh in the film.

Apart from it, you have music given by Piyush Mishra to enjoy in this movie.

Award	Category	Nominee	Result
Stardust Awards	Best Breakthrough Performance – Male	Abhimanyu Singh	Won
	Standout Performance by a Music Director	Piyush Mishra	Won
IIFA Awards	Best Supporting Actor	Abhimanyu Singh	Nominated
	Best Performance in Negative Role	Kay Kay Menon	Nominated

Oxfam report on economic inequality: Working for the Few.

Almost half of the world’s wealth is now owned by just one percent of the population, and seven out of ten people live in countries where economic inequality has increased in the last 30 years. The World Economic Forum has identified economic inequality as a major risk to human progress, impacting social stability within countries and threatening security on a global scale.

This massive concentration of economic resources in the hands of fewer people presents a real threat to inclusive political and economic systems, and compounds other inequalities – such as those between women and men. Left unchecked, political institutions are undermined and governments overwhelmingly serve the interests of economic elites – to the detriment of ordinary people.

In this paper, Oxfam shows how extreme inequality is not inevitable, with examples of policies from around the world which have reduced inequality and developed more representative politics, benefiting all, both rich and poor. Oxfam calls on leaders at the 2014 World Economic Forum at Davos to make the commitments needed to counter the growing tide of inequality.

Working for the Few: Political capture and economic inequality by Oxfam

Valentine Sepcial: Zara Sa (Jannat)

This is the song that should knock at the the door of every romantic day, today I think. One of very few original music by Pritam and beautifully performed by KK from a very awesome movie of 2008 Jannat.

Lyrics of the song are:

Zara Si dil mein de jagah tu
zara sa apna le bana
Zara sa khawbon mein saja tu
Zara sa yaadhon mein basa
Mein chahun tujhko
Meri jaan bepaanah
Fida hoon tujhpe
Meri jaan bepaanaha
wooow O oo O O
Zara Si dil mein de jagah tu
zara sa apna le bana
Zara sa khawbon mein saja tu
Zara sa yaadhon mein basa
Mein tere mein tere
Kadmon mein rakh du yeh jahan
for More LyricsMasti.Com
Mera ishq deewangi
Hai nahi hai nahi
Ashiq koi mujhsa tera
Tu mere liye bandagi
Mein chahun tujhko
Meri jaan bepaanah
Fida hoon tujhpe
Meri jaan bepaanaha
Zara Si dil mein de jagah tu
zara sa apna le bana
Zara sa khawbon mein saja tu
Zara sa yaadhon mein basa
Keh bhi di keh bhi de
dil mein tere hai jo chupa
Khwaish jo hai teri
Rakh nahi rakh nahi
Parda koi mujhse aye jaan
Kar le tu mera yakin
Mein chahun tujhko
Meri jaan bepaanah
Fida hoon tujhpe
Meri jaan bepaanaha
wooow O oo O O

क्या पता कि...

एक दिन ऐसे ही इत्तेफ़ाक़  से 
एक मोड़ पे एक राही से मिला 
लगता था जो हारा हुआ 
जिसे ज़िन्दग़ी से था ग़िला। 
वो पहुँच गया उस मोड़ पे 
जहां हर उम्मीदें ग़ुम हुयी। 
ग़म के कई थपेड़ों से 
उसकी आँखें भी नम हुयी। 
उसने माना कुछ रहा नहीं,
अब अलविदा कहने के सिवा।
अलविदा उस ज़िन्दगी  को 
जिसकी क़ीमत वो न समझा। 

उसको समझाया मैंने कि 
हर दिन एक जैसा तो नहीं। 
क्या पता कि कल उसे वो मिले 
जिसका था वो हक़दार रहा। 

मैंने उसको बतलाया कि 
फ़िर मिलेंगे मौक़े और भी। 
बनके विजेता वो उभरे,
आएगा ऐसा दौर भी। 
जो छोड़ दी जीने कि डगर,
तो ये मौक़ा भी छूटेगा। 
मानके तुझको ही कायर 
ये जहां भी तुझसे रूठेगा। 
रह जायेगी हावी वो वजह 
जिसने तुझको मजबूर किया। 
हार के जिससे अब तूने,
ख़ुद को जीने से दूर किया। 

क्या हुआ जो न कोई साथ दे,
तू ख़ुद को ही साथी कहे। 
न सोच तू अगले जनम की,
क्या पता कि कैसा जनम रहे !

उसमें मैंने ख़ुद को देखा 
और फ़िर मुझको एहसास हुआ 
कि मेरे जीवन से भी ज्य़ादा 
ये ग़म औरों का ख़ास हुआ। 
ये बात उसे समझाया मैंने 
और उसको एक राह दिखायी 
न वो पीछे मुड़ देखे,
जीने की ऐसी चाह सिखायी। 
जो खुशियाँ उसको हैं मिली,
और जो रिश्ते उससे हैं जुड़े, 
उन सब कि ख़ातिर है जीना 
संग जिनके उसकी हर राह मुड़े। 

क्यों छोड़ के सारी खुशियों को
और छोड़ के सारे रिश्तों को 
तूने ऐसी है डगर चुनी,
जहाँ पे इनकी खबर नहीं। 

क्या पता कि जो भी है मिला 
जिनको पाकर तू खुश रहा,
न हों नसीब अगले जनम। 
न हों नसीब अगले जनम। 

Search and seizure power to SEBI

This year witnessed a new feather in the powerful wings of the SEBI, as it was given extra powers to crackdown against fraudsters. The SEBI recently notified new norms, which empower its Chairman to order search and seizure operations during investigations, while necessary safeguards have also been put in place to protect rights of affected persons.

The SEBI notified these regulations for greater oversight on Collective Investment Schemes (CIS). As per this power, SEBI has authority to conduct search and seizure. These regulations also provide detailed procedures to be followed for issuance of warrants and execution of search and seizure orders, among others.

The Securities Laws (Amendment) Ordinance, 2013 provides for regulation of pooling of funds under any scheme or arrangement, involving a corpus amount of 100 crore rupees or more, to be deemed to be a Collective Investment Scheme (CIS), subject to sub-section (3) of section 11AA of the SEBI Act.

Hence the Securities and Exchange Board of India (Collective Investment Schemes) Regulations, 1999, was amended for providing a framework for regulation of such deemed Collective Investment Schemes and additional requirements for continuous compliance by a registered Collective Investment Scheme.

According to Section 11AA of the SEBI Act, CIS is any scheme or arrangement, which satisfies the following conditions:

1. the contributions, or payments made by the investors, which are pooled and utilized solely for the purposes of the scheme or arrangement;
2. the contributions or payments are made to such scheme or arrangement by the investors with a view to receive profits, income, produce or property, whether movable or immovable, from such scheme or arrangement;
3. the property, contribution or investment forming part of scheme or arrangement, which, is managed on behalf of the investors;
4. the investors do not have day to day control over the management and operation of the scheme or arrangement.