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Apropos your report "Blind Faith" (Blind faith, Small Smokescreen, Sunanda Poduwal, THE ECONOMIC TIMES, Mumbai, Sun. 21st Nov 2010, page-6. reproduced hereunder), I wish to congratulate you on taking up a very sensitive topic and for pointing out the failure of the 'regulators' to act forthwith. It seems the usual obfuscation, this time between the: I&B Min., ASCI and the CCC, has won again. It seems again and again that, for every governance issue, the citizen has to knock on the doors of the Judiciary at various levels. The fact that this is causing the Judiciary to interfere in 'executive functions' is forgotten till the politicos start howling whenever it pinches them personally.
Once a law is in place (The Drugs & Remedies ... Act ...), it is for the executive branch of the government and its regulatory bodies to act with haste to uphold the law of the land. This is where a 'soft state' like India fails time and again, in implementation of the law with a 'big stick' and with 'overwhelming force'. Why should any regulator have to wait for 'public complaint' for breach of law? This pertinent issue is never discussed; always some silly protocol is referred to. The onus on implementation thus gets subtly shifted to the complainant, who can struggle for years to be heard. England used this method to rule the nation and got away with many wrong doings. It seems our Constitution is being wrongly interpreted and the Judiciary is overwhelmed with such cases of lack of action by regulatory and statutory bodies who believe in waiting for public complaints and public follow up. This root cause must change for governance to improve and 'human development index' to change for the better.
In this particular case, I request you to study the following link:
http://thinkunderstandacceptadapt.blogspot.com/2010/03/regulation-for-paranormal-activities.html
A simple 'cautionary warning' is not yet in place. Janhit Manch, a respected NGO associated with JNM has been working on this very issue. Even though the matter is before the Judiciary for some time now, the onslaught of mis-leading adverts carries on relentlessly, with gay abandon. I have copied this email to Janhit Manch and their key Volunteers. The youth are thus taught not to respect the law since it seems impotent to take action for obvious wrong doing. They are further convinced that fantasy and magic will improve their quality of life. The fact that charlatans are twisting unexplored / unexplained powers for pecuniary gains is rarely understood.
A simple solution is staring everyone in the face. The broadcasting channels are bound by a code of conduct and it's their primary duty to obey the law. A warning and cautionary message must be presented at the start and end of such programs. Any clarification if needed is to be made by the Ministry or its regulatory bodies, which must be approached by the broadcaster. If the I&B Min. prosecuted just one broadcaster, the game would be up. It will be worthwhile to file an RTI to determine how many infringements of the said Act have been recorded, prosecuted and its outcome, and the database for the same. Publicity of such info might shame the Ministry to act in haste from the fear that the same might be questioned by the Judiciary. This can be validated by the actions of the Courts in the recent Rathore and Telecom scam cases.
Will the Courts take suo moto notice of this protest by a concerned citizen? Is a cautionary message too much to ask for ... at least to make citizens think about what they are attempting to depend upon? Corrective approach often has few associates ... but wise action since historic times has not waited for all to approve of a change ... for it to be suggested to the population. The change when it comes will find many partners ... as usual. Change is the only thing permanent and past practices are good only for reference ... not action or plan.
The original report in The Eco Times ....
Blind faith
Small Smokescreen
The govt may have wielded the stick on a few reality shows, but when will it wake up and take note of telemarketing agencies grabbing precious TV slots to promote products of dubious magical powers, questions
Sunanda Poduwal
THE ECONOMIC TIMES, Mumbai, Sun. 21st Nov 2010, page-6.
THE NUMEROUS babas and quacks wielding semi-magical powers—publicising their abilities on walls, modes of public transport, through ill-written fliers and even in newsprint—are being given a run for their money it seems. Unfortunately, human beings acquiring a scientific temperament is not the glorious reason behind it. It is the alternative and perhaps the most convincing medium for publicity, television, that is perpetuating blind belief today.
If you wish for material success and wealth, try installing Kuber Kunji in your house. It helps increase the flow of funds and the ability to accumulate wealth. Mata Kawach not only gives maximum benefit, it also bestows wealth and property and protects the person from all sorts of dangers. People suffering from black magic, charms, negativity and psychic attacks will get relief from the unexplained powers of the Shree Panchmukhi Hanuman Kawach. And if you wish to ward off evil "looks" try the Nazar Suraksha Kawach.
One of the prominent tele shopping networks producing and advertising such delusional products dodged all queries and clarifications sought. An executive who requested not to be named ensured that the products were well researched. He was quick to add that more than the research and development that went into them, it was the faith people had in their products that bore the buyers positive results. Further questions broke his wall of defence and he ended the conversation with a candid admission—"Hindustan hai madam, sab bikta hai (This is India, everything sells)".
The products are marketed and sold by numerous telemarketing agencies which have been allotted precious TV space by various channels. The simple fact that these tele-shopping networks are able to buy time slots in these channels say a lot about the salability factor of such commodities. Television channels refused to comment on the issue presumably because tele-shopping networks sit on valued sales slots.
According to the Drugs and Magic Remedies (objectionable advertisements) Act, 1954, "No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious for any purposes". The Act clearly says that such advertisements are offences and attract punishment in the form of imprisonment or fine.
The information and broadcasting ministry has put the onus of bringing such advertisers to book on the Advertising Standards Council of India (ASCI). Ministry officials say they act only if the offending parties do not listen to ASCI's orders. Founded in 1985, the self-regulatory body has adopted a code for self-regulation in advertising in its commitment towards honest advertising and to fair competition in the market place. The organisation believes that "as the Code becomes increasingly accepted and observed pro-actively, three things will begin to happen: fewer false, misleading claims; fewer unfair advertisements and increased respectability." The body has set up a Consumer Complaints Council (CCC) which acts on complaints and also has the power to direct advertisers to discontinue or modify their advertisements.
"The usually discerning Indian consumer is sometimes gullible when it comes to matters of faith and make-believe products. However, we can pass a judgment on whether a particular advertisement is misleading only once we have a formal complaint," says Dilip Cherian, image management expert and member of the governing board of ASCI.
According to him, the process is fairly evenhanded, where empirical and statistical evidence from both sides—the complainant and the advertiser—are invited. So a lucky charm or a "nazar surakhsha" advertisement must be able to defend itself on the basis of evidence it provides. "The key here is that we must receive a complaint first! In such cases the question is: who will bell the cat, since clearly there are quite a few takers for such products. And those who don't 'consume', neither care nor complain," he adds.
"We have acted on numerous cases and have been successful in getting them off-air. But the advertisers change the form and move to other channels," says Allan Collaco, secretary general ASCI. Shree Panchmukhi Hanuman Kawach, which was being marketed on an entertainment channel, came under ASCI's scanner and the television commercial was subsequently withdrawn. But the product is freely available online. "The only way people will stop advertising such products would be when Indian audience stops buying them," says Collaco.
Paritosh Joshi, member of the council that looks into the complaints, echoed Collaco's views and put the responsibility on the public since the council doesn't have the power to act without a complaint. Joshi himself heads a shopping network, STAR CJ Network India, a joint venture of News Corp owned Star TV and South Korean firm CJ Shopping. He says the sheer magnitude of such advertising activities is what makes it difficult to keep track of them and act upon them. He goes on to give examples of products such as Morning Walker and Roopamrit, advertisements of which were taken off post CCC's decision to ban them. "The issue has acquired a Sisphean angle considering it is an endless loop. Also, the volume of consumer complaints are low," he says with a hint of frustration.
He said such advertisements are a subject of central laws and the complaints can be taken, not only to the CCC, but also straight to the police. "The broader issue is that the learned classes display a sense of apathy towards such activities. They should take the responsibility and come forward with complaints," he says. He doesn't mince words when he says that self-regulation is a better option than expecting the government to act. "If the government has its way, it will wield a big fat stick like it did with a few reality shows recently and we all know we don't want that," says Joshi.
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