Media and Governance: The legality of Sting Operations in India

INTRODUCTION:

The Media has been rightly referred to as the fourth estate by Edmund Burke and Thomas Carlyle. The role of the Media today, as the ‘fourth power' which exercises a check on and counterbalances the three organs of authority cannot be undermined. In order to ensure that there are no hindrances in the path of the Mass Media, so that it may function effectively, the freedom of press has been provided as an inherent right under Article 19 (1)(a) of the Indian Constitution. This has been upheld by several judgments as well, such as in the case of Romesh Thapar v. State of Madras (1950 AIR 124), wherein it was stated by the apex court that freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by the freedom of circulation. Further, the freedom of press was again upheld in the landmark judgment of Bennett Coleman & Co. & Ors v. Union of India & Ors (1973 SCR (2) 757), as forming an important part of the freedom of speech and expression.

 

The reason as to why the Media has been granted such freedom is primarily because the citizen's ‘right to know' is an important element of the fundamental freedom of speech and expression. Thus, in order to ensure that there is free dissemination of information, it is necessary that we have free and fearless Mass Media in our country. In fact in the recent past, the importance of the Media has increased manifold because of which reliance is now being placed on the media to act as a watchdog in place of the opposition owing to general distrust and collapsing standards in public life.

 

This has increased particularly due to the emergence of audio and visual media which has a greater impact on the public than print media. The satellite revolution of the 1990s led to a significant increase in the number of television channels and other media. It may be seen that fierce competition between several media groups has in fact led to sensationalisation of information to attract public attention, for increase in TRP s. One of the many results of that is what is commonly known today as a ‘sting operation'.

 

What is a Sting Operation?

There is no precise definition of a sting operation. It is essentially a deceptive operation designed to catch a person in the act of committing a crime. It generally involves a law enforcement officer or any other cooperative member of the public who acts as an accomplice or victim of the suspect, so as to gather direct evidence incriminating the suspect. It is commonly found in countries like the United States and is not permitted in various other countries such as Sweden, the Netherlands, etc. In India, it is mostly seen in the form of sting operations being carried on by the Mass Media.

 

In order to understand the concept of sting operations better, it would now be imperative to discuss a few cases dealing with the same.

 

Sting Operations in the Past

(a) The Tehelka case-

 

One of the biggest sting operations carried out in the country was that of Operation West End in 2001 which is popularly known as the Tehelka scam. This was a sting operation to expose corruption in the defense ministry, where reporters posing as arms salesmen approached the then Defence Minister, Mr. George Fernandes and Bharatiya Janata Party President, Mr. Bangaru Lakshman. The two were caught in the operation and it ultimately led to their resignation from their respective posts. Further, evidence was allegedly found against Mr. L.K. Advani as regards the Indo-Israeli deal to provide border fencing and communication systems but the same was apparently not disclosed. However, the Tehelka operation came under a lot of criticism particularly due to conflicting statements being made by the Tehelka chief and the journalist who carried out the operation, Mathew Samuel with respect to Mr. Advani's involvement in the entire issue. Certain pertinent questions were raised such as –

 

Why did two journalists who were part of the same investigation, report differently about the matter?
The Tehelka chief reportedly stated that the two persons being taped first made disclosures before Mr. Samuel and thereafter replicated the same before him. What was the need to replicate such information? Was the former a mere camera rehearsal?
What was the reason behind releasing only select portions of nearly 100 hours of tape? Was there actually some sort of hidden political agenda sought to be achieved by way of the tapes?
The tapes exposed some of the top brass of the then government and the two major ‘victims' of this operation have been speculated as having been caught as they were some of the biggest rivals of Mr. Advani at the time.

 

So, whether or not the operation was in fact the doing of a responsible media or a mere sham, we will never know.

 

(b) Cash-for-queries scam-

 

Another controversial issue which came up during a sting operation was the Cash-for-queries scandal in 2005. Also known as Operation Duryodhana, it came to the forefront when it was alleged that the UPA Government which was in power at the time bribed eleven Parliamentarians in return for asking questions. The operation led to the expulsion of the tainted members of the Parliament. It was also alleged that the journalists, Aniruddha Bahal and Suhasini Raj who had carried out the operation were driven by motives of profit. It was also ironical as to how the Police prosecuted the journalists despite the fact that Parliamentary committees found the members guilty of misconduct. Thereafter, the journalists appealed to the Delhi High Court which upheld the legality of the operation.

 

(c) MPLAD scam-

 

Another such scandal was the Members of Parliament Local Area Development (MPLAD) scam which was titled as Operation Chakravyuh. It occurred almost immediately after the Cash-for-queries scandal and exposed corruption in the allotment of work for the Members of Parliament Local Area Development Scheme. The scandal involved then Goa Chief Minister and Lok Sabha member, Churcil Alemao, BJP MP, Fagan Singh Kulaste and Samajwadi Party MP, Toofani Saroj, who was later proved to be honest. This scam however did not receive much media coverage owing to the Cash-for-queries scam.

 

Sting Operations and the Judiciary-

Certain important judicial responses in this aspect may further be studied so as to understand the concept better.

 

In Court On Its Own Motion v. State, (146(2008) DLT429), certain guidelines were given by the Delhi  High Court as regards sting operations after there was false reporting of a school teacher, Uma Khurana's involvement in a prostitution racket. These include the following-

 

The Court argued against the entrapment of a person even if it was to further the ‘public interest.' The right to privacy of a person is to be respected unless there is a larger interest involved.
A channel proposing to telecast a sting operation had to obtain a certificate from the person who recorded or produced it saying that it was genuine to the best of his or her knowledge.
The channel has to obtain permission from a committee appointed by the Ministry of Information and Broadcasting to telecast the sting operation.
While the transcript of the recordings could be edited, the films and tapes cannot be edited. Both edited and unedited tapes have to be produced before the Committee.
The chief editor of the channel is responsible for self regulation and he has to ensure that all statutory requirements have been adhered to.
Reports or current events cannot deliberately be presented as true and any unverified or inaccurate facts must be avoided, so as to prevent trial by media so that the public does not get misled.
Deliberately overplaying certain parts while underplaying others is also not to be allowed.
Reports should not be such as to create alarm or panic or amount to incitement to commit any crime.
Media to observe general standards of decency, having regard of the sentiments of viewers, particularly that of children.

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Another important issue at the Delhi High Court as regards such operation was the Cash-for-queries scam as has been seen earlier. The Delhi High Court in September 2010 upheld the legality of the sting operation conducted by journalists Aniruddha Bahal and Suhasini Raj in 2005 to expose corruption in the Union Parliament. The Delhi Police had previously charged the journalists under the Prevention of Corruption Act for seeking to bribe the MP s. The prime issue which arose in this case was whether any citizen of this country can carry out such an operation and offer bribe to a public officer to expose corrupt practices. The single Delhi High Court judge opined that such a right flowed from the fundamental duty to cherish the noble ideals which inspired the freedom struggle as under Article 51A(b), and creating a corruption-free and independent India is one such ideal. It was also stated that this fundamental duty is linked with every other duty enshrined in Article 51A and more importantly, it is necessary to protect the sovereignty, integrity and unity of the country. Thus, what needs to be seen is that the judge equated the rights of these journalists to that of ordinary citizens, thereby entitling the protection of law to every citizen in such case. As regards offering bribes by the journalists is concerned, the learned judge was of the opinion that in the instant case, the intention of the journalists must be seen, which was clearly to expose corruption amongst the top brass of the government. Further, the journalists deposed truthfully before the Parliamentary committees investigating the matter and the same must be considered.

The journalists have now filed a caveat in the Supreme Court, in case the Delhi Police decides to file an appeal.

 

A recent case dealing with sting operations is the judgment given by the Supreme Court in Raja Ram Pal v The Hon'ble Speaker, Lok Sabha & Others, ((2007)3SCC184) concerning the Cash-for-queries scandal and the MPLAD scandal. In this case, certain members of Parliament had challenged their expulsion by way of writ petitions before the apex court. The expelled members contended that the journalists who had carried out the ‘sting operation' had admitted to have received monetary and other benefits from the same. It was thus argued on behalf of the tainted MPs that these journalists were driven by motives of self and profit. However, the court held that irrespective of the fact as to whether or not there was any motive to extract money from such operations, the expulsion of the members is not invalid due to the conduct which they had exhibited.

 

However, it is not just the executive or the legislature which has come under the Media's eye. The Supreme Court in its judgment in Vijay Shekhar v. Union of India, ((2004) 4 SCC 666) discussed about corruption in the judiciary and upheld that warrants obtained against certain eminent persons (including former President, Dr. Abdul Kalam and former Chief Justice of India, Mr. Y.K. Sabharwal) in pursuance of a sting operation to expose corruption in the subordinate courts of Gujarat were illegal. It was argued that these warrants had been fraudulently obtained. In fact, the then Chief Justice of India, Mr. K.G. Balakrishnan asked the journalist who had conducted the operation to tender an unconditional apology. A question would thus arise herein as to whether the judiciary was in fact trying to protect its own members while delivering such a judgment. Further, taking into consideration the principle of independence of the judiciary, was the Chief Justice entitled to hear a case in which he was probably interested himself?

 

Another case was the Judeo case which dealt with a sting operation which showed former environment minister Dilip Singh Judeo receiving a bribe from an Australian firm for mining rights in Chhatisgarh. This case came before the Supreme Court after Justice Markenday Katju of the Delhi High Court opined that such sting operations are essential to bring issues such as corruption to light. It was argued on behalf of the journalists that the media act as ‘whistleblowers' in public life and thus cannot be prosecuted. However, the CBI on the other hand contended that even journalists involved in such sting operations may be prosecuted where there is active inducement to commit a crime by such persons or where there are other vested interests involved and not just public interest. The premier investigating agency of the country argued that law enforcement is solely within the ambit of the powers of the government. Others can merely assist the government, but they cannot take the law into their own hands. The CBI was of the opinion that any person carrying out such operations may be prosecuted under the Prevention of Corruption Act. The journalists in the instant case, they said, should have informed law enforcement agencies either prior to or immediately after carrying out the operation. Thus, it was reiterated that though the media acts as a guardian of the fundamental rights of citizens, it must do so responsibly.

 

Evidentiary issues-

It may hence be seen that the Media has to surpass various hurdles while carrying out such operations and the right to privacy of persons and the extent to which the media may assume the role of the police is not the only issue involved here. One of the major issues we face today is whether or not evidence gathered by way of sting operations is admissible. Some would argue that such evidence has been acquired by way of inducement or in a sense, even by way of fraud and is hence inadmissible. While there are others who believe that when there exists compelling evidence against an accused or suspect, the same must be admissible irrespective of the method by which it was obtained. This was also upheld in Pushpadevi M. Jatia v. M.L. Wadhawan, (AIR 1987 S.C. 1748.)

 

However, the question still remains as to whether evidence may be admitted against a person who was lured into committing an offence. In Sri. Bhardwaj Media Pvt. Ltd. v. State, (W.P. (Crl.) Nos. 1125 and 1126/2007), it was upheld that there would definitely be an increase in corruption where people who help unravel acts of corruption in an institution are prosecuted. Thus, the ‘factum of entrapment' may be ignored keeping in mind the larger public interest.

 

Evidence received by way of sting operations may also be treated as being extra judicial confessions and thereby admissible in certain cases. Extra judicial confessions may sometimes even not require any corroboration. (Piara Singh v. State of Punjab, (1977) 4 S.C.C. at p. 459) However, the contrary view was held in Makhan Singh v. State of Punjab, (A.I.R. 1988 S.C. 1705), where confession to a witness for the purpose of seeking his help to save the accused was not accepted as evidence.

 

Law Commission Paper and Government proposals-

The Law Commission recently released a paper as regards sting operations in India and discussed the possibility of enacting a statute with respect to the same. The only statute in existence is probably the Cable Television Networks (Regulation) Act, 1995 which clearly provides that "no programme can be transmitted/re-transmitted on any cable service which contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths." The Commission also highlighted the views of the Committee on Petitions of the Rajya Sabha which had earlier stated that a sting operation must be aired only where there is conclusive proof as regards the guilt of the accused. However, where public interest is shown, the version of the accused or suspect must also be aired simultaneously. The Committee on Petitions had also stated that punitive action must be taken against any party who makes available any false or fabricated information by way of such operation. It was opined that public interest must be balanced with the right to privacy of the individual and the latter must not be encroached upon. The Committee on Ethics too in the case of Operation Chakravyuh stated the same.

 

It must be noted that a regulatory authority known as the Broadcasting Regulatory Authority of India (BRAI) has been proposed to be established by the Union Government under the Broadcasting Services Regulation Bill, 2007. A Content Code, revised in 2008 regulating content of news was however opposed by the media. Thereafter, the Information and Broadcasting Ministry has proposed setting up of a National Broadcasting Authority under statute. However, the same would not regulate content of news. The Ministry has also decided to come up with certain informal guidelines to check objectionable publications. Recently, the News Broadcasting Association and the News Broadcasting Standard Authority have been established which promote self regulation and have come up with a definite code of ethics.

 

Keeping in mind the fact that the judicial pronouncements so far have not explicitly dealt with the law relating to sting operations, the Law Commission has come up with a questionnaire in order to elicit public opinion as regards the issue at hand. The questionnaire puts forth important questions as regards immunity afforded to journalists who conduct such operations, the applicability of laws such as the Prevention of Corruption Act in such cases, the need of legislation, etc.

 

Problems faced-

However, this is not sufficient. One of the major problems that we face today is that there is no definite legislation or regulation specifically dealing with sting operations. The case law available is also very unclear on the subject. Another problem is as regards ascertaining the intention of the journalist conducting the operation, which was seen in the recent controversy surrounding the Radia tapes. There may be times when the operation is being carried out merely to advocate certain political propaganda.

 

Further, whether or not journalists are completely immune from prosecution under other laws is a debatable issue. It has often been asked as to whether such journalists may be held for making defamatory statements which may even ruin the reputation of an innocent person if such operations are not conducted cautiously as was seen in the case of Uma Khurana, the Delhi school teacher falsely caught on tape for trafficking of minor school girls.

 

Generally, only select portions which will attract more TRP s are broadcasted and the true story is not revealed.  Stiff competition in the market leading to sting operations being used as a major public attraction, causes decrease in actual news. In the entire process of tussle between rivaling media houses, public awareness on issues of greater importance gets affected. Thus there is a negative impact on the right to know of the people of the country, a freedom which must ideally be protected by the Media.

 

Conclusion- What is the solution to this problem?

So are there any possible solutions for these issues? Legislation would probably be the best answer to this problem. Sadly, the Pre-natal Diagnostic Techniques Act is the only legislative authority in place which discusses sting operations to a certain extent and upholds the validity of the same for the purposes of the Act. Thus, a definite statute or regulation must be enacted, setting out standards which must be followed by the media, without affecting the freedom of press to a great extent. Courts must formulate clear principles as to admissibility of evidence in such cases, keeping in mind the facts and circumstances. The Police force and other authorities must not be allowed to unnecessarily harass and prosecute media persons. A chance to be heard must be given to all and for that purpose, the version of the suspect must also be allowed to be broadcast simultaneously, so that the public gets a true picture of the entire situation. Further, care must be taken to minimise encroachment on the right to privacy of an individual even where public interest is involved. Defamatory material dealing with the private life of a person must as far as possible be regulated.

 

A code of conduct and self-regulation must be followed by every news agency and other media. Efforts must be made to ensure individual compliances at all levels and such a code must also be periodically reviewed. Punitive measures must be laid down in case any false or fraudulent sting operation is carried out, so that journalists may work cautiously and this would also create a sense of deterrence. The Journalist carrying out the operation must be made to sign an undertaking stating that the information being broadcast is true to the best of his knowledge. A statutory body may also be created to which the media shall give information as regards such operations either before or immediately after the completion of the operation. The concerned media house must also be required to obtain a license from the Information and Broadcasting Ministry in this regard.

 

However, it is not just important that such solutions be proposed. It must be ensured that these measures are in fact carried out. The right to know of the public must be protected both by the media as well as the government. It must be seen that public awareness is created as regards such issues and each person is given a fair opportunity to state his case. Ultimately what must be highlighted is not growing TRPs or illegally obtained profits. In fact, in stead of playing the blame game, the government and its organs, the Media being the fourth must be both responsive as well as responsible where such issues are involved.

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Two Talks on Mutual Aid and Co-Operation in Agriculture. [Reprint]

Reprint From: http://chairmanmaozedong.org/article/210.html

(October and November 1953)

Two talks to the responsible members of the Rural Work Department of the Central Committee of the Chinese Communist Party before and during the Third conference on Mutual Aid and Co-operation in Agriculture, which was convened by the Central Committee and held from October 26 to November 5, 1953.

I. THE TALK OF OCTOBER 15

Make a success of the agricultural producers' co-operatives and a big expansion of the mutual-aid teams will follow.

In the new liberated areas every county, whether large, medium-sized or small, should set up one or two successful co-operatives this winter and next spring after full preparations; there should be at least one, on the average one to two and at most three, depending on how well the work has been done. Quotas should be allotted. To make the quota too big would mean rash advance and to make it too small would be a Right deviation. To make the quota optional would be to let things drift. Can there be more than three? So long as the co-operatives meet the requirements, conform to the regulations and resolutions, are set up on a voluntary basis, have strong leading cadres (their two chief qualifications being fair-mindedness and competence) and are well run, then the more the better, as Han Hsin said about the number of troops he could command. The prefectural and county Party committees should be urged to make vigorous efforts and do a good job. The rural work departments of the Central Committee bureaus and of the provincial and municipal Party committees should keep a firm grasp on this matter and make it the pivot of their work.

There should be control figures and an allotment of quotas. Allotment without compulsion -- this is not commandism. After the October conference, there are four or five months to go, that is, November and December this year, January and February next year, and in the north the month of March as well. We give clear notice now that early next year another meeting will be called to check up on the work. There will definitely be a check-up then to see how it is getting on.

Certain minority nationality areas where the agrarian reform has not been completed can be exempted from setting up co-operatives. The small number of poorly managed counties, for instance, counties where backward townships account for 30 to 40 per cent of the total, where Party secretaries are incompetent and where the work cannot start without leading to trouble, can be exempted for the time being and given no quota. Nevertheless, the provincial and prefectural Party committees should assume responsibility for helping them to straighten things out and to create the conditions for starting the work next winter after the autumn harvest.

The general pattern is to proceed from the mutual-aid team to the co-operative, but it is also permissible to try and set up the co-operative directly. If you take the direct path and succeed, that will speed up the work. So why can't it be tried? It can.

The rural work departments at all levels should look upon mutual aid and co-operation as a matter of vital importance. Peasants working on their own cannot raise production to any great extent, therefore we must promote mutual aid and co-operation. If socialism does not occupy the rural positions, capitalism inevitably will. Is it possible to take any road other than the capitalist or the socialist road? The capitalist road can also lead to increased production, but the time required would be longer and the course painful. We will not practice capitalism, that's settled. Yet capitalism is bound to spread unchecked unless we go in for socialism.

The general line, the general programme, industrialization and socialist transformation should be discussed at the forthcoming October conference.

Both "sustain private property" and the "four big freedoms" benefit the rich peasants and the well-to-do middle peasants. Why then are there relevant stipulations in the law? The law stipulates protection of private property, but the word "sustain" is not in it. Some peasants are selling their land now, which is not good; though the law does not prohibit it, we should make efforts to prevent them from doing so. Setting up co-operatives is the solution. Mutual-aid teams by themselves are not enough to stop peasants selling their land, only co-operatives, and big ones at that, can do so. Moreover, big co-operatives can eliminate the need of some peasants to rent out land, for a big co-operative of one or two hundred households can solve the problem by taking in households of widows, orphans and others not provided for. The question of whether small co-operatives can likewise take in a few has to be studied. The mutual-aid teams should also help widows, orphans and others not provided for. If you can't set up a big co-operative, try a medium-sized one; if you can't set up a medium-sized co-operative, try a small one. But go for a medium-sized or big co-operative wherever possible, and don't be upset at the sight of a big one. A co-operative of one or two hundred households can be counted big, but a co-operative of even three or four hundred households is also possible. Setting up several sub-co-operatives under a big co-operative is an innovation, and it is by no means necessary to dissolve it. Running a co-operative well does not mean bringing everything to perfection. Absorb all kinds of experience, and don't impose the same pattern everywhere.

More co-operatives should be established in the old liberated areas. But some new liberated areas may set up co-operatives at a faster tempo than some old ones. For instance, the central Shensi plain may develop faster than northern Shensi, the Chengtu plain faster than Fuping and other such places. We must dispel the idea that the new liberated areas are destined to go slow. In fact the Northeast is not an old liberated area, its southern part not differing much from the new liberated areas south of the Great Wall. Kiangsu and the Hangchow-Chiahsing-Huchow region will probably overtake the mountainous old liberated areas in Shantung and North China, and so they should. Generally speaking, the new liberated areas may be allowed more time for their work, but in those places where the cadres are strong, the population is dense and the terrain level, co-operatives are likely to grow fairly quickly once a few models are set up.

There are now six thousand co-operatives in North China. If the figure is to be doubled, quotas can be allotted straight away. If the figure is to be tripled, those concerned should be consulted. We should allot quotas reasonably and have control figures, otherwise we shall be working without clear aims. The Northeast should increase its co-operatives by 100, 150 or 200 per cent, and so should North China The control figures should not be too high, so that the localities may surpass them. Overfulfilment will greatly enhance people's enthusiasm.

In developing co-operatives, we should strive for quantity, quality and economy. By economy we mean no failures; failures are a waste of the peasants' energy, with the bad end-result of losses both politically and in the production of grain. Our final objective is to produce more grain, cotton, sugar-cane, vegetables, and so on. There will be no way out unless grain production is increased, otherwise neither the state nor the people will benefit.

Nor will there be a way out unless more vegetables are produced in the suburbs, otherwise neither the state nor the people will benefit. Since the outlying districts of the cities have rich soil and flat farmlands which moreover are publicly owned, big co-operatives may be set up there first. Of course, the work needs to be quite painstaking, and there is even less room for sloppiness, because growing vegetables is different from growing grain. We must set up pilot co-operatives and guard against rash advance.

To meet the urban demand for vegetables, we cannot rely on peasants working on their own to bring their produce to the market. Ways must be worked out at the production end as well as by the supply and marketing co-operatives. As regards vegetables for the large cities, there is a big contradiction between supply and demand at present.

There are also big contradictions between supply and demand in the cases of grain and cotton, and others will soon emerge in the cases of meat, fats and edible oils. Demand is growing fast and cannot be met.

To resolve the contradiction between supply and demand, it is necessary to resolve the contradiction between ownership and the productive forces. Should ownership be individual or collective? Capitalist ownership or socialist ownership? Abundant supplies and the relations of production under individual ownership are utterly incompatible with each other. There must be a transition from individual ownership to collective ownership, to socialism. There are elementary co-operatives where land is pooled as shares, and there are advanced co-operatives in which land is owned in common, that is, by the co-operative.

In a sense the purpose of the general line is the solution of the problem of ownership. State ownership is to be expanded by building new state enterprises and renovating and enlarging old ones. The two kinds of private ownership, that of the working people and that of the bourgeoisie, are to be changed respectively into collective ownership and state ownership (integration into socialism through joint state-private management). Only thus can the productive forces be expanded and China's industrialization accomplished. Only when the productive forces have developed can the contradiction between supply and demand be resolved.

II. THE TALK OF NOVEMBER 4

Whatever we do must accord with reality, otherwise it is wrong. In order to do what accords with reality we must consider what is imperative and what is possible, and what is possible depends on political and economic conditions and the cadre situation. At present, it is at once imperative and possible to develop agricultural producers' co-operatives, for which there is a great potential. Failure to tap this potential means to mark time and make no advance. Our legs are for walking, and it is wrong to stand still all the time. It is not right to force the dissolution of co-operatives which meet the requirements, this is wrong no matter what the circumstances. The campaign to "check impetuosity and rash advance" was a gust of wind, wasn't it? As it blew from above, it brought down a number of agricultural producers' co-operatives that should have survived. An investigation should be made about such co-operatives, the findings made known and the mistake admitted, otherwise the township cadres and activists in those places will have pent-up grievances.

We must work for socialism. "Sustain private property" is a bourgeois concept. "To be together all day long and never talk about fundamentals but take pleasure only in giving small favours -- indeed it's a hopeless case!" "Never talk about fundamentals" means never talking about socialism, never working for socialism. Agricultural credits, relief grain, taxation according to fixed rates, tax reduction and exemption according to law, small-scale water conservancy projects, wells and canals, deep ploughing and close planting, proper application of fertilizer, popularization of new-type walking ploughs, water-wheels, sprayers, insecticides, etc. -- all these things are fine. But to do all this on the basis of the small peasant economy instead of by relying on socialism is to give the peasants small favours. Once these fine things are linked to the general line and to socialism, the case will be different, and they will no longer be small favours. We must work for socialism and link these fine things with it. As for "sustain private property" and the "four big freedoms", there is all the more reason to call them small favours, and besides, they are favours to the rich and well-to-do middle peasants. To lay one's hopes for greatly increased grain production and for a solution of the food problem and of the all-important problem of the nation's economy and the people's livelihood not on socialism but on making much of the small peasant economy and on giving small favours on the basis of the individual economy -- "indeed it's a hopeless case"!

As an old saying goes, "Once the headrope of a fishing net is pulled up, all its meshes open." It is only by taking hold of the key link the everything else will fall into its proper place. The key link means the main theme. The contradiction between socialism and capitalism an the gradual resolution of this contradiction -- that is the main theme, the key link. Grasp this key link, and all kinds of political and economic work to help the peasants will fall under it.

There are contradictions both inside and outside the agricultural producers' co-operatives. The present co-operatives are semi-socialist whereas peasants working on their own outside the co-operatives are entirely under the system of private ownership. Hence there is a contradiction between the two. The mutual-aid teams are different from the agricultural producers' co-operatives in that the former engage only in collective labour and do not affect ownership. The present-day co-operatives are built on the basis of private ownership, with privately owned land, draught animals and large farm implements pooled as shares. Hence there is also a contradiction inside the co-operative between the socialist factors and private ownership, a contradiction which must gradually be resolved. In the future, when our present-day semi-public, semi-private ownership advances to collective ownership this contradiction will be resolved. We are taking steady steps, moving first from mutual-aid teams which contain rudiments of socialism to semi-socialist and later to fully socialist co-operatives (which we still call agricultural producers' co-operatives, not collective farms). Generally speaking, the mutual-aid teams remain the foundation of the agriculture producers' co-operatives.

At one time, no mention was made of mutual aid and co-operation in several of our documents, and to all of them I added words to the effect that mutual aid and co-operation were to be developed or the necessary and feasible political and economic work was to be done. Some people wanted to make much of the small peasant economy, an this was why they concentrated on opposing excessive meddling with the peasants. True, there was some excessive meddling at that time. The "five excesses" from higher up were rammed through various channels down to the lower levels, causing a lot of trouble. The "five excesses" should never be tolerated, whether in the villages, factories or army units. The Central Committee has issued several documents to combat excessive meddling, and this has done some good. What is meant by excessive meddling? Drawing up subjective plans at variance with reality and regardless of what is imperative and possible, or carrying out plans, even realistic ones, by means of commandism. Subjectivism and commandism are always bad and will be so even ten thousand years hence. They are bad for the scattered small peasant economy and no less so for the co-operatives. But to do what is both imperative and possible and moreover do it by means other than commandism -- this cannot be called excessive meddling. The above ought to be the yardstick when reviewing our work. Whatever is subjectivist and unrealistic is wrong. Whatever is done through commandism is likewise wrong. To mark time and make no advance is a deviation to the Right; to go beyond what is practicable is a deviation to the "Left". Both are manifestations of subjectivism. Rash advance is wrong, failure to set up co-operatives when they can be set up is also wrong, and forcible dissolution of co-operatives even worse.

"Life is hard in the villages, all is not well and the measures adopted do not suit the small peasant economy." Such complaints exist inside as well as outside the Party. True, life is a bit hard in the villages, but we ought to make a proper analysis. In fact, life is not all that hard, the grain-deficient households account for only 10 per cent or so, and half of them are those of widows, orphans and other people without a provider, who are in great difficulty for lack of labour-power, but the mutual-aid teams and the co-operatives can give them some help. After all, things are much better for them than in Kuomintang days, and land has been distributed to them. Life is indeed hard for people in areas stricken by natural calamities, but they have received relief grain. The life of the peasants in general is good and is getting better; that is why 80 to 90 per cent of them feel happy and support the government. About 7 per cent of the rural population, the landlords and rich peasants, are dissatisfied with the government. "Life is hard in the villages, and things are terrible there" -- certainly this has not been my view. Some people speak of the scattered nature as well as the hardships of the villages, that is, the scattered nature of the small peasant economy; but in doing so, they fail to mention forming co-operatives. To carry out the socialist transformation of the individual economy, to promote mutual aid and co-operation and to set up co-operatives -- this is not merely the direction to take but the immediate task before us.

But for the Conference on Financial and Economic Work held in July and August, the question of the general line would have remained unsettled for many comrades. The aim of that conference was mainly to settle this question. We criticized Po I-po precisely for his mistake in departing from the general line. In short, the general line means the gradual accomplishment of the socialist industrialization of our country and of the socialist transformation of agriculture, handicrafts and capitalist industry and commerce. The planned purchase and supply of grain recently put into effect has given a big impetus to socialism. The present Conference on Mutual Aid and Co-operation, coming shortly after as it does, will give it another big impetus. In view of the fact that the campaign for mutual aid and co-operation has been held back for the better part of this year, the present conference should be more active in this respect. But our policies must be made clear. It is very important to make our policies known.

"Active leadership and steady development" -- this is well put. The campaign has been held back for the better part of this year and has marked time without making any advance. This is not quite right. However, there is a positive side to it. It is like fighting battles. After each battle there should be time for rest and consolidation before starting the next. The trouble is that in some places too many of our positions have been given up, while in others it has not been a matter of giving up too many positions but failure to develop where development was possible and failure to allow any development or give it approval so that it became illegal. In this world it often happens that many new-born things which are correct are considered illegal. We ourselves were "illegal" in the past while the Kuomintang was "legal". But these illegal co-operatives have held on to this day and are doing quite well. Can you still withhold recognition? You have to admit that they are legal, after all they have won out.

The conference has discussed active leadership and steady development, but you should anticipate some troubles. You may talk about being active and steady, and yet in practice you may fail to give active leadership or achieve steady development. Being active and steady entails setting control figures, assigning tasks and then checking whether they are fulfilled. Failure to fulfil what can be fulfilled is impermissible, it shows a lack of enthusiasm for socialism. According to the findings of our check-up, 5 to 10 per cent of the co-operatives have shown a drop in output and are not doing so well. This is due to lack of active leadership. Of course, it is inevitable that a few co-operatives should show a fall in production because of poor management. However, if 20 per cent of the co-operatives, or even more, were to show a fall in production, that would be quite a problem.

The general line means a gradual change in the relations of production. According to Stalin, the system of ownership is the basis of the relations of production. Comrades must have a clear understanding of this point. At present, both private ownership and socialist public ownership are legal, but private ownership will gradually become illegal. To "sustain private ownership" of three mou of land and practice the "four big freedoms" is to facilitate the growth of a small number of rich peasants and follow the capitalist road.

County and district cadres must gradually switch their work to mutual aid and co-operation in agricultural production, to the promotion of socialism. If they are not working for socialism, what are they working for? For the individual economy? Secretaries of county and district Party committees must look upon working for socialism as a matter of major importance. Party secretaries must take charge, and I am the secretary of the Central Committee. Secretaries of the Central Committee bureaus, secretaries of the provincial, prefectural, county and district Party committees and secretaries at all levels must take charge and attend to the job in person. At present, the Central Committee is devoting 70 to 80 per cent of its efforts to the socialist transformation of agriculture. Similarly, to transform capitalist industry and commerce is also to work for socialism. Comrades of the rural work departments at all levels and all those present at this conference must become experts in the socialist transformation of agriculture and well versed in theory, line, policy and method.

To provide the cities with vegetables depends chiefly on planned supply. There are dense populations in the large and rising cities, and how can they possibly manage without vegetables? This problem must be solved. If it is not possible to ensure the production and supply of vegetables by setting up mutual-aid teams in the suburban areas, you can bypass that stage and set up semi-socialist or even fully socialist co-operatives. This question needs going into.

A plan for the development of the producers' co-operatives has been put forward. Over 32,000 co-operatives are to be set up this winter and next spring and right up to the time of the autumn harvest. By 1957, the number will have reached 700,000. But a sudden increase at one time or another should be expected, and the number of co-operatives may rise to a million, or perhaps more. In short, set up co-operatives in large numbers and manage them well, give active leadership and achieve steady development.

This conference has been fruitful. If we had not held it and waited till next January, it would have been too late, and this winter would have slipped by. We shall hold another conference on March 26 next year and check up on how our plan has been carried out. It is a good idea for this conference to fix the date of the next meeting and to decide that it will review the implementation of the resolution adopted here. Next autumn we shall hold still another conference to discuss and decide on the tasks for the following winter.

NOTES

(1). Han Hsin was a leading general under Liu Pang, first emperor of the Han Dynasty. According to the Historical Records, Liu Pang once asked Han Hsin how many troops he could command. "The more the better," he answered.

(2). See p. 224 below.

(3). J. V. Stalin, "Dialectical and Historical Materialism".

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Question by Michael B: Operating systems?
I want to know what operating systems are out there
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what other ones are out there?

i also know there are operating systems that run off of other operating systems like react for windows XP

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Best answer:

Answer by kamikazi117
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Franchise Operations Manual - What Your Business Needs

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Paving The Way For Success With The Operational Manual Generator

Paving The Way For Success With The Operational Manual Generator

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Paving The Way For Success With The Operational Manual Generator

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I am <a href="http://www.directhealthstore.com.au">Health Store</a> just a regular guy with regular health problems that is until I discovered mineral supplements it has helped me with my health conditions whihc lead ti improving my work performance be able to socialize more w/o having to worry about keeping my body healthy. (see Mineral Supplements for more info)

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It has been confered in the previous issue that a great corporate culture and its relationship to franchise development is important and we even defined concepts such as culture and mood. How to create a great culture and how that will help you sell franchises using the Operational Manual Generator is the major subject of this issue.

All franchisors are thinking about how to maintain or augment market share in the new normal and nobody can deny that the Great Recession has made more and better real estate opportunities for those who can afford to exploit them, as well as a surplus of qualified operators, composed increasingly of women and minorities, without assets to operate. The number of opportunities seems to grossly overshadow any one franchisor's resources in terms of cash, personnel, and credit.

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Before you decide it would make you feel good to personally compile all those franchising documents, think about the effort that you're still going to put forth for the documents to be looked at by an attorney. You will only be confident that your manual is officially bullet proof when you use a product that is already reviewed by an attorney and that is how an operation manual generator is. Plus, the rate of operation manual templates are very affordable compared to the services of any attorney so you absolutely can save a lot of money.

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It has been talked about in the previous issue that a deep corporate culture and its relationship to franchise development is important and we even defined concepts such as culture and mood. In this issue, we'll bare you how to build a great culture and how that will help you sell franchises using the Operational Manual Generator. The Great Recession has created more and better real estate chances for those who can afford to exploit them, as well as a surplus of qualified operators,...

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Early in 2007, Microsoft Windows users were excited when the newest operating system, Windows Vista, was finally released. It had been highly anticipated because it had been several years since Microsoft had produced a significant update to their system software. But, early reports of problems with Vista have scared many people away from making the switch from their current Windows version to Vista.

This article should help you navigate through the various considerations and help you to understand if now is the right time to make the move to Vista or if you should hold off for awhile. On the positive side, it has been noted that Vista seems to operate more reliably and with fewer operating system crashes than what people tend to experience with Windows XP.

Users also commented that with the Windows Vista upgrade, they noticed that some of the most basic functions of the Windows environment were improved. One of these areas of improvement was in the on-board help functions which helped to resolve issues faster and make trouble-shooting easier.

On the negative side of things, the search function in the Vista Home Basic version is not easily located on the desktop. Instead, the search function has been "buried" inside the applications or you need to go through the Start Menu. For some people this is not really a major issue, but for others who use this function frequently it has been reported as an annoyance.

So far there has been very little computer software written specifically for Vista. This is sure to change soon and no doubt there is a great deal of software development going on, with regard to writing applications specifically to take advantage of the new aspects of Vista.

However, this fact has led the computer pundits and experts to tell people that there is really no urgent need to make the move to Vista at this time. This is especially true if you are content with your system just the way it is, as it provides very little motivation to upgrade from Windows 2000 or Windows XP.

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With that said, most experts are saying that unless you are having problems and are not happy with the current version of Windows running on your machine, then upgrading to Windows Vista probably isn't the best use of your resources at this point. There is no doubt that eventually all of these issues will be cleared up and taken care of, and at that time it will make sense to go ahead and make the switch.

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You might want to get something that look interesting and different as the wall paper in your system. The static desktops are no longer suitable for your PC when everything else is changing fast. There is the need for proper wallpaper that is quite dynamic and wonderful best suitable for your personal computer. Vista dreams is a new product from WINDOWS that help you to get a moving video clip as your desktop.
Vista Dreamscene is a utility that is used to work with VISTA ultimate for using videos as their desktop wallpaper. The Animated wallpapers will loop in the desktop background there by making the desktop look quite unique as different from a normal picture. It is easy to install Vista dreams onto the desktop PC. Once installed, the users can change the videos that form the background of the system.

Animated wallpapers works with the GPU as different from CPU. Hence the CPU can be made use of for performing other tasks. This can make the functioning of the system to continue even though the video is running in the background. Vista Dreamscene can act accordingly to reduce the impact on the performance of the system to a great extend. They can stop functioning when the user plays any game or maximizes the windows. Then the video will not be seen. Hence the Dreamscene will stop execution and the GPU usage will be less. The CPU will be used for some other purposes that are important in the system.

Similarly while the user is using a mobile system, the battery life is used for the working of the system. Hence the execution of videos in the background can take a larger part of the battery. To avoid this, Vista dreams will automatically stop execution.
The mobile system on move won’t be having Dreamscene running in the background.

Users have the option of choosing whether to run Dreamscene or not. They can stop the running of the Vista Dreamscene in the background of the PC whenever they wish to do so. When they decide to stop working with Dreamscene, they can choose a normal picture as the background which will take the video away from your desktop.

Vista dreams in the system will slow down the performance of the system. But this is greatly dependent on the hardware features of the system. The hardware can influence the extent to which the speed of a personal computer can fall when the system has a windows vista dreams background. Though the utility can adjust itself to act according to the situations existing in the PC, there are cases when it interferes with the normal execution of the system.

The folders in a Dreamscene installed system will take more time to get opened. At the same time, there are cases that the installation of a Vista dreams can even influence the execution of other software in the system. The starting and running of the software might take a long time if a Vista Dreamscene is running in the background of the system.

Vista dreams works with a video card that supports windows aero. But the acceleration of a video card can cause the VISTA to work efficiently. This is greatly dependent on the type of the hardware that is used with the windows vista dreams. There is PC hardware that can’t support the acceleration of the video cards. Hence in such situations, the Dreamscene can slow down the system as a whole there by causing the performance to be lowered.

Users usually complain that their system is not delivering in a proper manner that it gave before installing the Dreamscene utility in it. Such users have tried uninstalling the utility from their system and had reported that the speed of the system increased more than 30% after that. But there have been several instances where a removal of Dreamscene couldn’t bring back the speed of the system.

Dreamscene is using large amount of graphics for the execution. This is the main reason why the speed is being hacked by a Dreamscene. But it is easy to uninstall or stop the videos from running in the background of the system just as the installation of the same. Users can decide to do it with the help of some step by step instructions executed through buttons.