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The Increasing Incidents of Container Ship Fires and Environmental Destruction

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by Dr Manique Cooray

Fires at sea continue to pose a significant risk to container shipping and often give rise to long-winded and complex claims between all affected parties. Space does not permit even a cursory examination of the large body of relevant international legal provisions available. Moreover, the rise of containerisation has exacerbated the problem of fire on board ships as we have seen with the MV Hansa Brandenburg, the Jolly Rubino, the Maersk Londrina and recently in February 2017, in the MV APL Austria case where a Liberian flagged container ship caught fire off the Eastern Cape of South Africa.

In the backdrop of the ongoing environmental catastrophe in one of Sri Lanka’s worst ever marine disasters, it is imperative to address two issues that seem to be of central importance pertaining to the cargo ship carrying tonnes of chemicals which now lie in the seabed off the west coast of the Island. The Singapore registered MV X-Press Pearl, Super Eco 2700-class container ship was built by Zhoushan Changhong International Shipyard Co. Ltd at Zhoushan, China, for Singapore based X-Press Feeders and its sister ship X-Press Mekong. The 37,000 dead weight tonne (DWT) container vessel could carry 2,743 twenty-foot equivalent units. The ship was delivered on February 10, 2021. It had a 25-member crew including Filipinos, Chinese, Indian and Russian nationals. It was carrying 1,486 containers, among them 81 carrying dangerous goods, which included 25 tonnes of nitric acid, along with other chemicals, cosmetics and low-density polyethylene (LDPE) pellets. Reports indicate the vessel was deployed in the Straits of Malacca to Middle East (SMX) service of X-Press Feeders, from Port Klang (Malaysia) via Singapore and Jebel Ali (UAE) to Hamad Port (Qatar). The return journey to Malaysia was to be via Hazira (India) and Colombo (Sri Lanka). It was reported that the ship’s crew had noticed the leakage of nitric acid from one of the containers when the vessel set sail to the Port of Colombo.

It is common knowledge that under the United Nations Convention on the Law of the Sea, no vessel can enter a country’s “territorial water” extending up to 12 miles from the nearest land without approval from the coastal state. Nevertheless, bearing in mind that Sri Lanka is a signatory to the Basel Convention, it is not the aim here to address basic questions on how, why and who authorized a vessel with a container leaking nitric acid to enter the territorial waters of the country carrying hazardous material. This entry into Sri Lankan waters could have been under “Port of Refuge”, a situation wherein a ship deviates to a port due to an emergency which renders the ship unsafe to continue on her voyage.

The ill-fated ship erupted in a fire while anchored about 9.5 nautical miles northwest of Colombo. The Sri Lankan navy believes the fire was caused by a chemical reaction from the leaking cargo loaded from the port of Hazira in India. As flaming containers laden with chemicals fell from the ship’s deck, seawater may have entered the hull that submerged the MV X-Press Pearl’s quarterdeck a day after firefighters extinguished the fire. With such a dramatic turn of events of an overseas registered ship, carrying crewmen of various nationalities and cargo belonging presumably to various parties, and with a vessel located within the territorial waters of Sri Lanka, presents itself a plethora of issues in conflict of laws determining principles of choice of law with recognition and enforcement of foreign judgments.

While the local authorities are moving to sue the owners of the vessel to claim damages from the insurer, the suitability of existing Penal Provisions and the Marine Pollution Prevention Act No 35 of 2008 of Sri Lanka raises the question of its adequacy as the principle legislation of the forum state to hear a case of such magnitude of which the main issue is to claim compensation. Insurers of cargo vessels generally require the owners and operators to adhere to internationally recognized guidance concerned with maximizing the overall safety of the vessel, the crew and the cargo. One part of the guidance is the International Maritime Organizations Dangerous Goods Code (IMDG Code), an internationally accepted guideline for the transportation or shipment of dangerous goods or materials by a vessel on water.

Even a cargo that might be quite innocuous in small quantities can display dangerous properties when transported in large quantities, especially if those large quantities of material are exposed to environmental conditions such as moisture or heat, during or prior to loading, or during a voyage. Under the Hague-Visby Rules, the liability regime for the carriage of most cargo, neither the carrier nor the shipowner is responsible for loss or damage arising or resulting from fire unless caused by the actual fault or privity of the shipowner or carrier. To successfully recover for damage to cargo from the shipowner or to defend a claim for general average, the cargo owner must show a lack of due diligence of the shipowner to make the ship seaworthy and safe to receive, carry and discharge the cargo. From a procedural perspective, “(i) the cargo owner must prove their loss; (ii) the carrier or shipowner must prove the cause of loss (i.e., that the fire caused the loss); (iii) the carrier or shipowner must prove due diligence to make the ship seaworthy prior to and at the commencement of the voyage; and (iv) the cargo owner must prove fault of the carrier or shipowner or knowledge of fault or another for whom the carrier or shipowner is responsible.”

The shipowner is not liable for an act or omission by the crew. If the negligence of the crew caused the fire, this is a complete defence for the shipowner unless the cargo owner can show that there was some lack of due diligence by the shipowner, which made the ship unseaworthy. In the case of fires at sea, this would include the shipowner failing to exercise due diligence insofar as the crew fighting the fire is concerned, a lack of adequate firefighting systems, lack of training, or lack of procedural guidance from owner or carriers to the crew. Cargo owners are also likely to be successful in claiming against a shipowner where it is shown that the shipowner or carrier failed to correctly stow dangerous or hazardous cargo (provided that such cargo was correctly declared) in accordance with IMDG guidelines. In the event a shipowner can rely on a “fire defence”, the cargo owner (or their insurers) may be left with a recovery action against the shipper of the miss declared cargo. However, this often involves expensive litigation in a foreign jurisdiction where the “guilty” shipper may be a brass plate company without any assets to satisfy millions of dollars worth of damages to the ship and her cargo and let alone the environmental aftermath. This means that the insurer may be liable, and the affected party could claim compensation from the shipowner.

From the brief facts at hand, it appears to be a total loss for the shipowner even if the vessel stays afloat with what appears to be, if not all, of the cargo, damaged. Although there is much uncertainty over the size of the loss, it is safe to assume that insurers will face cargo and liability claims and the value of the hull and machinery. The value of these claims have not yet been made known. It is highly possible for the fire and explosion losses to be covered under cargo insurance policies among various companies which are party to it. The London Steam Ship Owners Mutual Insurance Association Ltd and its subsidiary, the London P&I Insurance Company (Europe) Ltd, in a press statement on May 26, 2021, stated that as the “liability insurer, it would cover crew injuries and any environmental impact.” A study of previous cases of similar nature indicates that a vessel sinking in deep water perhaps is a better outcome for the insurer than saving it and bringing it back to port with the heavy cleanup costs incurred. Perhaps in this current scenario, the P&I insurer could end up covering the cargo and salvage costs.

The environmental impact of the fire could have a significant bearing on the size of the P&I claim leading to potentially hundreds of millions, as previous cases have shown us. It is well to keep in mind that while the owners of the ship are maybe accountable for bringing the ship to the territorial waters, the local authorities themselves may have a share in their contribution by their bad choice of actions. It is highly questionable whether adequate compensation could be secured given the larger environmental impact (an impact which may be seen beyond the limitation period for such claims to be brought) under the existing lacuna in the local law. Hence, the importance of the forum state to take on such a mammoth legal action against the parties possibly raises the issues of whether recourse should be made to an international maritime arbitration tribunal permitting contractual arrangements.

The second issue to be addressed is whether a special legal regime in the nature of strict liability is needed to cover the irreparable damage caused to the Sri Lankan Sea, marine lives, including the coral reefs and the fisheries industry. There is now an additional danger that fuel tanks of the stricken vessel containing thousands of tons of thick bunker oil could break up under the pressure of the seawater and discharge its deadly cargo into the ocean. The Wildlife Conservation Department of Sri Lanka states that apart from the fish species, the harm done to seagrasses and nesting habitats, sea mammals, and reptiles will also be substantial and that their “initial observations reveal the spill-over effect will last for more than 100 years.” The illustration of the Exxon Valdez’s incident in 1989 and the Deepwater Horizon accident in the Gulf of Mexico in 2010 indicates that the oil spill is a severe threat to the maritime environment. A review of this incident may be a good reference to seek a fair understanding of the circumstances and for proper estimation and preparation in encountering massive oil spills.

The harm caused by many environmental incidents are not only contained within the borders of the states, but pollution originating from one state may cause harm to another state. And pollution which damages the Oceans does not belong to one state alone. This type of harm raises a number of acute legal conundrums. Establishing causal connections between effects such as damage to marine life or extinction of species and a particular source of pollution, which could be targeted by a system of liability and compensation rules, may be extremely difficult. In the absence of intergovernmental compensation regimes or where individual states seek compensation for cross border pollution, claims must be made in domestic courts. In such situations, the importance of conflict of laws rules about jurisdiction, choice of law, and recognition of judgments matters. One could plausibly conclude that X-Press Pearl too may find its unfortunate place in legal history for the colossal task it has presented of assessing harm to the environment caused in a line of container ship losses in the maritime insurance industry.

 

(The writer is a Senior Lecturer at the Faculty of Law, Multimedia University. Malaysia and was the Dean of the Faculty of Law from 2014-2016 and 2018-2021.)



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How energy sector shut its doors to the public

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by Moshahida Sultana Ritu

Earlier this month, the five percent electricity price hike and 78.2 percent gas price hike by the Energy and Mineral Resource Division raised concerns about the accountability of the government, and consumer rights. The December 2022 amendment of the Bangladesh Energy Regulatory Commission (Berc) Act 2003 empowered the government to set power and energy tariffs on its own under “special circumstances,” without a public hearing by the Berc. Before the amendment, any price hike proposals used to be considered by the Berc after a public hearing, during which residential consumers, businesspeople, bureaucrats, civil society members and rights-based organisations could express their opinions. Hence, there was at least a mechanism to invite public opinion. Now, the door has been closed to any discussion.

The amendment Bill was placed in Parliament on January 22 to be vetted, and will be passed in the next few days. The government is justifying the amendment by citing the present situation as an emergency period or special circumstance.

I would call this a textbook example of “regulatory capture.” George Stigler first introduced this term in the 1970s. Stigler argued that governments do not create a monopoly in industries unintentionally. Rather, they deliberately protect the interests of producers who capture the regulatory agency, and use regulations to inhibit competition. The result of such monopolies – in the name of liberalisation and competition – is often a transfer of public resources to private producers through price hikes, and at the expense of exorbitantly high social costs.

When electricity liberalisation began in the 1990s, electricity regulatory bodies were created in many countries to protect public interest. Regulatory bodies were seen as safeguards against uncontrolled market price hikes as private electricity producers intended to maximise profit. Following the global neoliberal trend, Bangladesh also established the Berc in 2003.

In the past, Berc, bestowed with the regulatory power to act in the public’s interest, set the tariff in ways that may have benefitted private power producers in different ways. But there was at least a mechanism of accountability, no matter how ineffective the role it played in protecting public interest. The recent decision of taking the power away from Berc and empowering the Energy and Mineral Resource Division to set prices reveals that the government does not feel the need to hear the public’s voice anymore. Even if they claim they care about public opinion, this is a sham statement.

Before the gas price hike in the industrial and commercial sectors, the media was flooded with the information that businesspeople were ready for a price hike because of the desperate need for gas to continue production. It may seem that the government has actually heard their voices and decided to increase gas prices so that LNG can be imported with the additional revenue. In reality, we are still in limbo about understanding how the government will pay the dollar amounts for imported LNG. Dwindling forex reserves have already brought up so many examples of our inability to pay for imported energy that it is difficult to understand how it will be used to meet essential import demands.

Because of dwindling forex reserves, not only has the import of LNG become uncertain, but so has the import of coal for Rampal and Matarbari power plants. Unless potential avenues are opened up to ensure an inflow of foreign currency, how will the government pay? The absence of new dollar-earning sources worries us. If there had been a public hearing regarding the recent gas and electricity price hikes, this question could have been discussed in public. Concerned citizens could have asked about the government’s plans.

The fact that the price of gas did not increase for residential users this time around gave off a false impression that the price hike would only affect businesses, and not residential users. The whole focus was put on the demands of industrialists, who have been endlessly suffering from a gas crisis. There is no doubt that their concerns need to be addressed. But how can we ignore the potential effects of the gas price hike on the power sector, which will ultimately impact the whole population?

Gas price hikes in the power sector will eventually put further upward pressure on electricity prices. Sooner or later, residential users will be affected. Besides, existing inflation will soar as a result of increased costs of production in industries. Eventually, all will be affected. But where and to whom do we pose this question?

Berc is no longer functional, although its functionality in the past was already questionable. Despite having the capacity, why was Bapex not given the responsibility to drill wells, and why was the Russian company Gazprom appointed to construct wells instead, at a cost three times higher than what Bapex had offered? Why were “gas funds” – created with revenue generated from previous price hikes and intended to be used for the development of local gas – loaned out to import LNG? Why did the government not utilise the gas funds to extract onshore and offshore gas?

For these answers, we used to wait for public hearings where activists, politicians, experts, and the Consumer Association of Bangladesh (CAB) could question the concerned authorities.

Now, with the excuse of a crisis, the government has decided to take decisions that are more non-transparent, more controversial, and less justifiable than ever before. Slamming the door on our queries is what the government has decided to do instead, with its December 2022 amendment to the Berc Act.

It is definitely telling that the phenomenon of “regulatory capture” has existed in the past in different forms when the process of power liberalisation started in Bangladesh in the 1990s. The independent power producers (IPPs) started to produce electricity at high costs, compared to publicly owned plants. Using the power crisis as its excuse, the government facilitated IPPs.

In the last three years, IPPs were paid nearly 60 percent of the capacity charges from the revenue earned from selling electricity. Similarly, when the Quick Enhancement of Electricity and Energy Supply (Special Provisions) Act 2010 (QEEES) was enacted, rental and quick rental power plants started operating by bypassing competitive bidding and selling electricity at exorbitantly high rates. Over the last 10 years, the capacity charges for private power plants has become so high that it exemplifies how private producers misused the QEEES Act to transfer public money in favour of private gains for rentals and quick rentals.

There is a sharp difference between past examples of regulatory capture (through the QEEES Act 2010 and Berc Act 2003) and the new form of regulatory capture (the December 2022 Berc Act 2003 amendment).

In previous instances of regulatory capture, preventing competition used to be justified with the excuse of crises and for “protecting the interest of the public”. The present “special circumstance” rationale does not recognise the social costs of price adjustment at all. The new form of regulatory capture only ensures producers’ interests by preventing public hearings.

How can the government ensure that a handful of people will take right decisions on behalf of thousands of inflation-affected people? How will we know what is happening behind closed doors?

The Daily Star/ANN

(Moshahida Sultana is associate professor at the Department of Accounting and Information Systems at Dhaka University.)

 

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S L – a cauldron of casualties and trouble

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Cassandra has stopped watching news at night for the sake of her wellbeing and peace of mind. Watching English news at 9.00 p m on a local channel caused her to toss and turn or wake up at the ungodly hour of 2.00 am to again toss and turn, but this time mentally with suppressed anger, frustration, and fear for the future surfacing and consequently inundating the mind with unease. Why all this? Because Sri Lankan news is always of protests, ministerial pontificating with next to nothing done to lift the country from rock bottom it has been thrust to; and violence, murders and drug hauls. All worrying issues. The present worry is spending 200 m on a celebration that most Ordinaries, the public Cass means, DO NOT Want.

What are the issues of the week just past? Hamlet’s disturbed and disturbing ‘To be or not to be’ twisted to ‘Will happen or will not.’ That specifically relates to the LG elections scheduled for March 9. The government has tried every trick of delay just because they face sure defeat – the combined Elephant and Bud that rules us as of now. Everyone else shouts for elections and follows up with the threat to come out on the streets. That seems to be Sri Lankans most resorted to pastime. And we dread the melees; the water cannon, police brutality and the disgrace of saffron robed, bearded and hair grown men in the vanguard of slogan lofting shouters. All a useless and worthless expense of energy achieving nothing but tear gas and water shooting, and remand jail for some. Some of these protests call for the release of one such IUSF protester deemed to be a terrorist by a draconian law and confined in solitary imprisonment for far too long.

A shot or more of arrack or kasippu was resorted to by men and excused by other men as necessary mental trouble relievers. A woman would imbibe a bit of brandy if not a sleeping pill to ease her troubled mind and thus queasy gut. Not any longer if one takes advice that comes pouring in via social media.

Canada’s new move on Alcohol Guidance

As questioned by Holly Honderich in Washington BBC January 18: “What’s behind Canada’s drastic new Alcohol Guidance?” She says a report funded by Health Canada warns that “any amount of alcohol is not good for your health and if you drink, less is better.” This is contained in a 90 page report from the Canadian Centre on Substance Abuse and Addiction. Health issues result from the intake of more than standard drinks and these include breast and colon cancer. Honderich says it may be a rude awakening for the roughly 80% of Canadian adults who drink. The ratio is higher, Cass presumes, in this resplendent isle with its arrack, illicit brews and toddy both kitul and palmyrah. So the comforting statement that was earlier in vogue, that a daily tot of alcoholic drink is good for health, is sent overboard by the Canadian advice. Of course now with money so short except in the hands of the corrupt, the latter advice will have to be taken, voluntarily or otherwise, by most Lankans.

Prez Gotabaya and his advisors’ ruling

We have all seen at least on TV, farmers mourning their yellowing crops of paddy and heard their heart-rending cries of hopelessness at the loss of a third harvest due to the utter crime of overnight stoppage of chemical fertilisers and pest control. Cass wonders how the ex-Prez who decreed this and his advisors sleep at night having blighted long term the entire agriculture of this predominantly agricultural country. Farmers cry out they are in debt, have no money to feed nor school their children; added to which hospitals are bare of medicines.

A highly-educated and experienced agriculturist sent Cass an email the gist of which is that rice farmers all over the island report a ‘yellowing’ of paddy, stunted growth and dead plants in patches. They had all used ‘compost’ issued by the govt. There is a hint this could be due to a nematode infestation. If correct, this has grave implications. It has occurred in tea with no easy cure. Only costly fumigation was effective, eventually. Once rice paddies are infected it would be very difficult to control – almost impossible; already impoverished farmers can bear no further expense.

A three wheeler driver told Cass that river bed soil had been mixed with thrown away household garbage (both obtained free, obviously) and sold as organic fertiliser. I hasten to add this is hearsay, but the obvious truth staring all Sri Lankans in the face and sending shivers of apprehension down all spines is that this Maha season crop is kaput; gone down the drain with farmers cheated and someone or some persons having made money from the deal.

Pointless it is to curse those who were in the racket; useless to commiserate farmers and their families; impossible to compensate them. Will those responsible for giving out dangerous fertiliser for distribution be traced and brought to justice? Never! However, that word ‘never’ is now pronounced with a mite of doubt after M Sirisena and others were dealt justly by judges of the Supreme Court. There are glimmers of hope that wrong doers, actually criminals who bankrupted the country and damaged its agriculture, will be dealt with suitably.

There will be no Aluth Avuruddha for the backbone of the country in April since celebrations centre around a good harvest and R&R after a Maha season of toil and filling bins and storehouses with bountiful paddy. This was pre-Gota days. Now it is all round misery since urban dwellers sorrow, and also suffer, with the farmers who supplied them with food.

Clear stats given to prove inefficiency of the state sector

A video clip came to Cassandra with Advocata CEO Dananath Fernando speaking on the inefficiency of the public service due to being too many in number. Dananath is much admired and spoke clearly and convincingly. He said more conversing with Faraz Shauketaly on Newsline presented by TVI channel on Tuesday 24 January at 8.30 p m.

Dananath said our bureaucracy is inefficient and ineffectual. Main reason being there are too many to do the work. His fact check went like this. In India for every 177 members of the general public there is one (01) government officer or as named earlier ‘government servant’. In Pakistan the figures are 117 to one. Bangladesh is almost the same. In Sri Lanka (hold your breath!) to every sixteen (16) citizens there sits one government officer, mainly twiddling his/her thumbs. It would be interesting to know the ratios in developed countries. But the very relevant to us countries have been named by the Advocata finding. Cass does not need to spell what the result is; she has already indicated it with the image of the thumb twiddler.

We knew the bureaucracy was over staffed, bloated and bulging big like the leaders we have: 225 in parliament, then local councils and pradeshiya sabhas. And in each of them, law makers, decision takers and those who carry them out are far too excessive in number and cost the government excessively in salaries, infrastructure, travel modes; etc. etc. So Advocata asks how development, or even mere running of the country can be achieved efficiently and effectively. A further shock, at least to Cass, was dealt by Dananath in proving the point by revealing statistics for the police service. 50% of the entire police force is deployed on security duty to 225 MPs, Ministers and state VIPs while the balance half is expected to provide safety and security to 22 million people! Lop sided and thus the country slants to sink or disintegrate. It has already slanted to bankruptcy and begging as never before and selling the meager money making ventures we possess.

How did the public service get so bloated? Again the guilty are, or were, those in power. They kept sending persons with chits and they had to be employed. Reason? Sympathy for the jobless? Not at all. Pure unadulterated self-interest so votes are assured them.

Rise up and show thy face, thou olde pensioner

That’s a government order to be observed by the old; most finding walking difficult and many finding the necessity to gather some money for three wheeler hire denting their January budget. But present yourself to the Grama Sevaka of your area is a must if you want to continue receiving your pension, now totally inadequate; but still very grateful for. Hence the procession of the old and weak leaning on walking sticks, even crutches or on willing supporting arms offered them.

Some years ago, questioned by Cassandra, an obliging woman Grama Sevaka said that those unable to present themselves are visited in their homes by officers. We do hope this is done since there must be plenty thumb twiddlers in this government department too.

Bravo Hirunika!

Cass most definitely is an admirer of beautiful Hirunika. She’s garnered another kudos by her latest action, OK, gimmick if you like that word to express the way she has shown displeasure, censure, disagreement of the general public on holding an elaborate National Day event to celebrate 75 years of’ democratic self-rule’ at the exorbitant cost of Rs 200m.. That expression itself calls for comment. Termed National Day it is far from being thus with so many protesting various issues. Celebration is a blatant falsehood. Feb 4 should really be a day of mourning, since the Nation is in the dregs of corruption, misrule and bankruptcy. Self-rule here equates to selfish rule by the leaders for themselves and misrule for us the public. Democracy is dead, actually it was totally dead during previous regimes but has revived somewhat lately,

And how did Hirunika express censure? By having black bows knotted on the posts erected to prop covered spaces for the march past, etc. Black connotes death, mourning, displeasure, bad times. Of course at expense, the bows will be removed before the posse of horses and motor riders and security cars conducts the Prez to the s venue. Cass entertains a jaundiced wish that the entire DPL Corps will, non-diplomatically, ignore invitation and not be present at the celebratory event. Rows and rows of empty chairs might convey the message of non grata, rather disdain for the powers that be. Ranil may be respected still, but those backing him and even guiding his hands are NOT.

Cheers till we meet next Friday!

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Gandhian Ethics

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By JAYDEV JANA

The word ethics is derived from the Greek word ‘ethos’, which means ‘way of living’. The judgement of right and wrong, what to do and what not to do, and how one ought to act, form ethics. It is a branch of philosophy that involves systematising, defending, and recommending concepts of right and wrong behaviour.

Morality is the body of standards or principles derived from a code of conduct from a particular philosophy, religion, or culture. It can also derive from a standard that a person believes in. The word morals is derived from the Latin word ‘mos’, which means custom.

Many people use the words Ethics and Morality interchangeably. However, there is a difference between Ethics and Morals. To put it in simple terms, Ethics = Moral + reasoning.For example, one might feel that it is morally wrong to steal, but if he/ she has an ethical viewpoint on it, it should be based on some sets of arguments and analysis about why it would be wrong to steal. Mahatma Gandhi is considered as one of the greatest moral philosophers of India. The highest form of morality in Gandhi’s ethical system is the practice of altruism/self-sacrifice.

For Gandhi, it was never enough that an individual merely avoided causing evil; they had to actively promote good and actively prevent evils. The ideas and ideals of Gandhi emanated mainly from: (1) his inner religious convictions including ethical principles embedded in Hinduism, Buddhism, Jainism and Christianity; (2) the exigencies of his struggle against apartheid in South Africa and the mass political movements during India’s freedom struggle; and (3) the influence of Tolstoy, Carlyle and Thoreau etc. He was a moralist through and through and yet it is difficult to write philosophically about his ethics.

This is because Gandhi is fundamentally concerned with practice rather than with theory or abstract thought, and such philosophy as he used was meant to reveal its ‘truth’ in the crucible of experience. Hence, the subtitle of his Autobiography ~ ‘the story of my experiments in truth.’ The experiments refer to the fact that the truth of concept, values, and ideals is fulfilled only in practice.

Gandhi’s ethics are inextricably tied up with religion, which itself is unconventional. Though an avowed Hindu, he was a Hindu in philosophical rather than a sectarian sense; there was much Hindu ritual and practice that he subjected to critique.

In his Ethical Religion, published in 1912 based on lectures delivered by him, Gandhi had stated simply that he alone cannot be called truly religious or moral whose mind is not tainted with hatred and selfishness, and who leads a life of absolute purity and of disinterested services. Without mental purity or purification of motive, external action cannot be performed in selfless spirit. Goodness does not consist in abstention from wrong but from the wish to do wrong; evil is to be avoided not from fear but from the sense of obligation. Consistency was less important to Gandhi than moral earnestness, and rules were less useful than specific norms of human excellence and the appreciation of values. Politics is a comprehensive term which is associated with composition and operation of state structure as well as its interrelationship with other states. It is activity centred around power and very often deprived of morals. With its power-mongering, amoral Machiavellianism, and its valorisation of expediency over principle, and of successful outcomes over scrupulous means, politics is an uncompromising avenue for saintliness. Inclusion of ethics in politics seemed to be a contradiction to many contemporary political philosophers.

Bal Gangadhar Tilak among others warned Gandhi before he embarked on a political career in India, “Politics is a game of worldly people and not of sadhus.” Introducing spirituality into the political arena would seem to betoken ineffectiveness in an area driven by worldly passions and cunning. It is perhaps for these reasons that Christ himself appeared to be in favour of a dualism: “Give to Caesar what is Caesar’s and to God what is God’s.” In this interpretation, the standards and norms that apply to religion are different from those relevant to politics.

Gandhi by contrast, without denying the distinction between the domain of Caesar and that of God, repudiates any rigid separation between the two. As early as 1915, Gandhi declared his aim “to spiritualise” political life and political institutions.

Politics is as essential as religion, but if it is divorced from religion, it is like a corpse, fit only for burning. In the preface to his autobiography, Gandhi declared that his devotion of truth had drawn him into politics, that his power in the political field was derived from his spiritual experiments with himself, and those who say religion has nothing to do with politics do not know what religion means. Human life being an undivided whole, no line could be drawn between ethics and politics. It was impossible to separate the everyday life of man, he emphasised, from his spiritual being. He said, “I feel that political work must be looked upon in terms of social and moral progress.” Gandhi is often called a saint among politicians. In an epoch of ‘globalisation of selfcentredness’ there is a pressing necessity to comprehend and emulate the moralistic dimension of Gandhian thought and re-evaluate the concept of politics. The correlation between ends and means is the essence of Gandhi’s interpretation of society in terms of ethical value rather than empirical relations. For Gandhi, means and ends are intricately connected.

His contention was, “For me it is enough to know the means. Means and ends are convertible terms in my philosophy.” Gandhi countered the assertion that ends vindicate means. If the means engaged are unjust there is no possibility of achieving satisfactory outcomes. He compared the means to a seed and the end to a tree. Gandhi stuck to this golden ideal through thick and thin, without worrying about the immediate results. He was convinced that our ultimate progress towards the goal would be in exact proportion to the purity of our means.

Gandhi believed that “Strength does not come from physical capacity. It comes from an indomitable will.” His seven social sins refer to behaviours that go against ethical code and thereby weaken society. When values are not strongly held, people respond weakly to crisis and difficulty. The seven sins are: (1) Wealth without work; (2) Pleasure without conscience; (3) Knowledge without character; (4) Commerce without morality; (5) Science without humanity; (6) Religion without sacrifice; and (7) politics without principle. Gandhi’s Seven Sins are an integral part of Gandhian ethics.

The Satyagraha (Sanskrit and Hindi: ‘Holding into truth’) as enunciated by Gandhi seeks to integrate spiritual values, community organisation and selfreliance with a view to empower individuals, families, groups, villages, towns and cities. It became a major tool in the Indian struggle against British Imperialism and has since been adopted by protest groups in other countries.

According to the philosophy of Satyagraha, Satyagrahis (Practitioners of Satyagraha) achieve correct insight into the real nature of an evil situation by observing a non-violence of the mind, by seeking truth in a spirit of peace and love, and by undergoing a rigorous process of self-scrutiny. In so doing, the satyagrahi encounters truth in the absolute. By refusing to submit to the wrong or to cooperate with it, the satyagrahi must adhere to non-violence. They always warn their opponents of their intentions and forbid any tactic suggesting the use of secrecy to one’s advantage. Satyagraha seeks to conquer through conversion: in the end, there is neither defeat nor victory but rather a new harmony. Gandhi’s Satyagraha always highlighted moral principles. By giving the concept of Satyagraha, Gandhi showed mankind how to win over greed and fear by love.

There was no pretension or hypocrisy about Gandhi. His ethics do not stem from the intellectual deductive formula. ‘Do unto others as you would have them unto you.’ He never asked others to do anything which he did not do. It is history how he conducted his affairs. He never treated even his own children in any special manner from other children, sharing the same kind of food and other facilities and attending the same school. When a scholarship was offered for one of his sons to be sent to England for higher education, Gandhi gave it to some other boy. Of course, he invited strong resentment from two of his sons and there are many critics who believe that Gandhi neglected his own children, and he was not the ideal father. His profound conviction of equality of all men and women shows the essential Gandhi who grew into a Mahatma.

The question of why one should act in a moral way has occupied much time in the history of philosophical inquiry. Gandhi’s answer to this is that happiness, religion and wealth depend upon sincerity to the self, an absence of malice towards others, exploitation of others, and always acting ‘with a pure mind.’ The ethical and moral standard Gandhi set for himself reveals his commitment and devotion to eternal principles and only someone like him who regulated his life and action in conformity with the universal vision of human brotherhood could say “My Life is My Message.” (The Statesman/ANN)

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