Globalization and North East India Essay Example for Free

Globalization and North East India Essay I.Introduction Ever since the term ‘globalization’ appeared for the first time in the second half of twentieth century no other word has meant so many different things to different people and has evoked as much emotions. The forces of globalization affect virtually every country in the world. It has opened the door of many new opportunities as well as formidable challenges. All spheres of life–social, political, cultural and economic–have been subjected to both the positive and negative elements of globalization. With all its promises on the overall qualitative improvement of life and social harmony, some see it as the saviour of universal peace and prosperity. On the other hand, rising mercury of its negative elements some condemn it as a new kind of chaos. While everyone welcomes the new opportunities that has emerged one cannot simply leave those negative elements unattended. Therefore, the main task now is to analyze, understand and manage globalization doing our best to harness its benefits and keep those negative consequences at bay. 1 India joined the club of globalized economy in 1991when its economy is under the spell of fiscal and balance of payment crisis which compel her to initiate several structural adjustment programme and economic liberalization. Since then, India’s share to the global economy is getting larger. Today, looking at overall health of the economy and growth performance2, India seems to have struck the right note of the globalization string. With its vast natural and human resources and ability to synchronize the speed of change taking place in the international market, many have considered the India’s economy as one of the most resilient economy in the world. Now, the most pertinent question arises in the recent years is; has the benefits of globalization disbursed to all the regions of the Indian union? Certainly the answer is NO. India’s attempt to tackle the problems of income inequalities has been going on since independence under the centralized planning system. It, however, failed to provide the necessary growth impetus to the poorer states to reduce regional disparities in any meaningful manner in spite of four decades of economic planning. In the post globalization era, considering the size and diversity of the country, shrinking role of government would ultimately be a failure to achieve the set objective. With the opening of economy, states with better infrastructure facilities, better skill labour and work culture, investor friendly environment and more importantly states which can reform themselves in accordance to the need of the market oriented economy have attracted much of the private investment–both national as well as foreign. These states have grown much faster than states which are not, leading to widening disparities.3 This has posed a great challenge to academicians and polic y makers, even though globalization is an uneven process with unequal distribution of benefits and losses, who must ensure the benefits of globalization be distributed to all the regions/states of Indian union. Secondly, to what extent the high growth rate achieved so far has been translated into development for the well-being of its people? It is all the more necessary to ascertain the magnitude of development because development shouldn’t be seen as mere enhancement of national or personal income as it alone cannot serve the objective of securing the socio-economic equality. High growth rate achieved so far is a big accomplishment as the resources so generated could be utilized for developmental purposes to meet the desired social ends.4 It would, however, be highly injustice and misleading to interpret economic growth and economic development synonymously, yet a popular cynicism among the political circle in particular, as development covers much wider range and value. In short, achievement of higher growth rate should be reflected in terms of quality of life of the people. The failure to realize the value of high growth is the main reason for the rejection of ‘shining India/feel good factor’ slogan of the ruling party in 2004 general election. This implies that the higher growth rate achieved so f ar in the post globalization period could not be translated in terms of improvement in the quality of life of the common people. According to Sen any reform programme should consists of three R’s–reach, range and a reason–which every responsible individual should analyze, understand and act accordingly. The values of high growth often depend on what the size, composition and nature of that growth do to the lives and freedoms of the people involved.5 With the increasing concern of widening of inter-state disparities and lack of development, it is highly imperative to assess the effects of globalization on North East India-a relatively uncharted region of the country-as fifteen years is long enough to give some clear pictures. With this objective, the present study attempts to locate the clues of the following quarries; has the region been able to gain from the benefits of globalization? What are the major issues and challenges confronting or likely to confront in the coming years? What are the unexplored opportunities that can be harnessed? This would require examining the prevalent scenario of the region in the pre and post globalization period. The present study shall cover 1980 to 2005 considering 1991 as the dividing year of the two periods. The study has been organized into five sections including introduction. In section II, a brief profile of NE states has been sketched. In section III, some of the issues and formidable challenges needed to be addressed sooner than the later has been discussed. In section IV, discussed the unexplored opportunities in the region. Finally, we conclude the study in section V . II.North East Profile The North East India comprises of eight contiguous states6 of highly undulating hilly terrains, covering 263,179 sq km which is about 8% of the total geographical area of the country. The region is one of the landlocked regions of South Asia. About 4500 km i.e. 98% of its border is with five different countries of South Asia–Nepal, Bhutan, China, Myanmar and Bangladesh. No other region of the Indian union share common border with so many different countries connecting with the heartland through the tenuous 22 km Siliguri corridor. The region is the home of extraordinarily diverse mosaic of ethnic groups having distinctive social, cultural and economic identity, more akin to their South Asia neighbours than main land India. The total population of the region is about 38 million, 3.8 per cent of the country’s total population, of which Assam contributes 68 per cent of the total population. Assam recorded the highest density of population with 340 per sq. km., which is also higher than the national average of 313 per sq. km., followed by Tripura with 305 per sq. km. Otherwise, the region is sparsely populated with an overall density of population of 149 per sq. km. Table 1 The decennial growth rate recorded in most of the states during the previous decade is higher than the national level of 21.54 per cent. Nagaland recorded the highest growth rate (64.46 per cent), also highest among the states of the Indian union, followed by Sikkim (33.25 per cent) and Meghalaya (30.65 per cent). Only Tripura (16.03% per cent) and Assam (18.92 per cent), two of the most populated states, have recorded lower growth rate than all India level. The region is richly endowed with bio-diversity, hydro-potential, minerals like oil and natural gas, coal, limestone, dolomite, graphite, quartzite, sillimonite etc. and forest wealth. Over 10 per cent of forest products requirement in the country are met from this region only. The region has a very high potential to generate hydropower i.e. about 80 per cent of the total hydropower potential in the country. Arunachal Pradesh alone is expected to generate 2,67,474 MW i.e. 30 per cent of the total available in the country. With varied geo-climatic condition, the region is ideally suited for horticulture, floriculture and other plantation crops. A variety of fruits like pineapples, banana, orange, lemon, mango, papaya etc. grow abundantly in the region. The region is famous for most number of orchid varieties in the country. Tea is the major plantation crop grown in the region and is the largest producer in the country contributing over 95 per cent of the total production. The region is also richly endowed with varieties of medicinal plants having high value in the international market. But, due to the lack of proper infrastructure, transport and communication system and geo-political condition of the region these resources largely remained untapped. Source: Report of the Twelfth Finance Commission, p 61. The region is grossly deficient of infrastructure to tap the available resources and push the economy forward. An examination of the infrastructure index–a composite profile of the availability of physical, social and institutional infrastructure available in the states revealed that all the states of the region are at the lowest rung of the infrastructure index ladder. It shows that the level of infrastructural development in the region is almost negligible. In terms of human development index–a composite index capturing the three dimensions of human development viz. economic, education and health-the region have done reasonably well than most of the states of Indian union. Among the eight states, Assam ranked the lowest, which has been placed in lower middle category and Mizoram in high category while rest of the states are either in high middle or middle category. The success of these states in this regard is mainly induced by the education sector. Apart from Arunachal Pradesh, Assam and Meghalaya the literacy rate in the remaining states, as shown in Table 1, are higher than the national average. The economy of the region primarily depends on agriculture sector contributing over 40 per cent of the income and employ about 70 per cent of the total working population. Although NSDP share of agriculture sector has declined to about 30 per cent, the number of population dependent upon this sector continued to remain high even in the post globalization period. The decline in the NSDP’s share of agriculture sector has been more or less compensated by the increase in the share of service sector. That is, the service sector growth rate during the corresponding period is commendable. Nevertheless, the industrial sector in the region continued to be in pathetic condition. Industrially the region is one of the most backward regions in India. Only Assam, and to some extent Meghalaya, have moved ahead of the rest of the states in terms of industrial development whose industrialization centered on tea, oil and timber. An examination on the overall annual compound growth rate of NSDP in the region revealed that there is a slight improvement in post globalization period though varies from stat to state. Source: http://mospi.nic.in/rept%20_%20pubn/ftest.asp?rept_id=nad03_1993_1994type=NSSO Note: * At 1980-81 prices, ** From 1993 to 2002 only, †  at Current Price, a denotes Acceleration, d denotes Deceleration During the decade of 80s only Arunachal Pradesh and Nagaland experienced higher annual compound growth of NSDP than the national level. However, in the post globalization period i.e. 1991-2002, Meghalaya, Nagaland and Tripura have performed better than the national level. The growth rate experienced in these states is not only higher but also accelerating. Though the NSDP growth rate of Manipur is lower than the national level but higher than the previous decade and is accelerating. While Assam’s growth rate is lower in the post globalization but grows at an accelerating rate which is a positive sign. In the post globalization period the growth performances in the region have improved marginally. The higher growth rate of NSDP in the region is mainly induced by higher and accelerating growth rate of service sector. The higher growth rate of NSDP experienced in some of the states is not commensurate with the growth rate of per capita income. The per capita income growth rates of all the states, baring Tripura, falls below the national level in the corresponding period. While Arunachal Pradesh, Assam and Nagaland have worsened, the performance of Manipur, Meghalaya and Tripura seem to be relatively better than the previous decade. The lower growth rate of per capita income experienced may be attributed to high growth rate of population, particularly poorer section of the society. The percentage of population living below the poverty line in the region continued to remain high. Only Mizoram seems to have done exceptionally well in poverty eradication where the percentage has declined from 36 per cent in 1983 to 19.47 per cent in 1999-2000. In the remaining states there is only a marginal decline in poverty ratio. In 1983, the percentage of population living below the poverty line at national level is much higher than that of all the states of the region. It is just the reversal in 1999-2000-all the states other than Mizoram have higher percentage than national level of 26.1 per cent. Over one-third of the population is still consists of the most vulnerable section of the society. Further, an examination on the per capita per month consumption expenditure revealed that the inequality in the per capita monthly consumption expenditure has also increased in spite of the improvement in the growth performance in the post globalization period. In 1993-94, Assam has the lowest per capita per month consumption expenditure followed by Manipur and Sikkim. These three states are even lower than the national level of Rs. 328.18 per month. However, in 1999-2000, only Assam and Sikkim experienced lower per capita per month consumption expenditure than that of national level of Rs. 590.98 per month. The increase in consumption expenditure in the globalization era is quite impressive. At the same time, inequality in consumption expenditure, as revealed by the Gini coefficient8, has also increased in most of the states which is an indication of widening disparities among different sections of the society. This implies that the benefits of higher growth rate experienced, though marginally, in the post reform period have not been tickled down to the poorer sections of the society in the desired pace and the problem of income inequality within the state has worsened. An overall scenario of the region in the post globalization period is not very impressive as in the case of other region of the Indian union. This may be attributed to the prevailing geo-political condition in the region and attitude of the central government in tackling the issues of the region. In the following section we shall examine some of the issues and challenges which required an immediate attention. III.The Challenges Being one of the most neglected regions of the Indian union, overall state of affairs in the region is quite alarming. The unattended issues and problems of the past are being accumulated, multi-layered and have become multifarious. Over and above, the mounting pressures of emerging challenges of rapid transformation need to be countered. The clock is ticking fast and situation in the region is very delicate which may explode anytime from now if not tackled carefully. At this juncture the old habit of alibis and hinting would only aggravate the maladies of the past and swell negative elements of the globalization. Instead, it is the time to think and act collectively. The region has more issues to be addressed and challenges to face than any other parts of the country. Of which, the three most important areas which require immediate attention are insurgency, infrastructure and governance. All the other issues are derivatives which would dry up once these three are addressed. a.Insurgency The problem of insurgency in the region has a long history. The insular politics and Delhi centric approach of the Indian government is at the core of much of the discontents, widespread criticism, feelings of subjugation and notion of being colonized. There is a constant fear in the minds of the people that their identity is being eroded due to the submergence into the vast ocean of Indian humanity.9 The people of the region started alienating themselves and the feeling of self-determination started to germinate. With the aim of preserving their own identity various ethnic groups inhabiting in the region, undisturbed for centuries, began to differentiate among each other severing the local ties and affinities and started to struggle with arms.10 Thus, insurgency has mushroomed in the region and the secessionist movements, either for sovereignty or for separate homeland, began to lock horns leading to a vertical division among various ethnic groups. Therefore, prior to any policy pro gramme to resolve the problem of insurgency in the region, the political processes that has been framed and pursued to convert a breeding ground of insurgencies must be reversed first. Simultaneously, the attitude and security obsess mindsets of the central government should also change and embrace the region with open arms so as to restore the lost confidence of the common people. Insurgency is the major problem inflicting the region. With the passage of time it has increasingly become more complex and difficult to understand as their objectives, role and activities varied widely.11 In the name of nationalist movement they were involved and interfered in every state’s affairs including household chores, like a moral police, of their people. Each insurgent group runs parallel government. In a way, apart from Sikkim and Arunachal Pradesh, all the remaining states have multiple governments. The problem of insurgency has become the stumbling block in the course of development. It foundered every development strategy and hampered all the developmental works. Kidnapping, extortion, killing, bandh, strikes and curfews have become the order of the day. At the same time, the numbers and activities of the plain criminals masquerading as insurgents have also increased alarmingly. Today, the region has become the killing field and specialized in the export to death bodies, if not the manufacturing products. In short, the region has reached the pinnacle of the industrialization of insurgency and criminalization process. It would not be easy to find the solution. However, keeping in mind the rising global terrorism, it would be wise to work on a holistic approach for amicable solution sooner than the later. At the same time, what every insurgent group, operating in the region, should realize is that the formation of separate homeland or attainment of more autonomy or sovereignty is not the solution because within itself formation of new group with new demand can not be ruled out. b.Infrastructure The rich natural and human resources available in the region could not be utilized to the full extent mainly due to the geo-political condition, including ever-deteriorating law and order, which has a lot of implication on the development of must needed infrastructure. The negligence of the central government in the past and due to the problems of insurgency at present resulted into the gross deficiency of infrastructure in the region. This has crippled the free flow of factors as well as products. In such a situation, it would be hard for the region to accrue the benefits of globalization. It is also not surprising to find the lack of FDI inflow in the region. During January 2000 to Mach 2006 the region received only 9 million US dollar i.e. 0.04 per cent of the total FDI inflow in the country. The lack of infrastructure, as revealed by the infrastructure index given in Table 2, has not only spoiled the prospect of economic development but has also created a horizontal division amon g various ethnic groups affecting the fabrics of social harmony in the region. All the â€Å"constituent states of the region are internally locked–themselves locked and locking out others, unable to connect with each other physically in terms of poor transport links, and more seriously, unable to make connections intellectually and emotionally with their closest neighbours, or even with and among their own people.†12 It has displaced the common understanding and linkages for peaceful coexistence and regional cooperation. In order to reconnect the lost connectivity, trade and commerce and more importantly to foster emotional attachment among various ethnic groups inhabiting in the region infrastructures like roads, transports, communications electricity, banking etc. must be developed adequately. Such exercise would not only enlarge the base for the growth of the economy in the region but also enhance the regional cooperation-an engine of growth in this era of globalization. Underdevelopment breeds insurgency and insurgency retards development. Th is two are mutually reinforcing. This is a classic case of vicious cycle of underdevelopment-insurgency-underdevelopment. Therefore, any policy programmes either to resolve the problems of insurgency or development of much needed infrastructure should go concurrently and not sequentially as it hampered the progress of one another. Further, as it has been asserted in the Planning Commission report on Transforming the North East, the approach of the central government should change from â€Å"planning for the North East to planning with the North East†.13 This implies that, under the prevailing circumstances mere allocation of funds or implementation of new policy would not suffice to tackle the problems in the region. Considering the emotional sentiments of the inhabitants and sensitivity of the issues, the region must be handled with care. Every developmental programme for the region should have the consent of the inhabitants and needs to be executed with sincerity without delay. c.Governance â€Å"The state is responsible for the creation of conducive political, legal and economic environment for building individual capabilities and encouraging private initiatives.†14 It would, however, depend on the quality of the governance–mechanism, processes, systems, structures and institutions that guide the social, economic and political relationship. Good governance exercises its legitimate political power in a manner that is perceived as equitable, non-discriminatory, socially sensitive, participatory, transparent and accountable to the people at large. This includes not only the process of transformation of human and natural endowments to a socially desired ends but also reveals the long term vision and commitment of the state to secure human well being and sustained development of the people.15 The state of governance in the region is in pathetic condition. Government machinery is on the brink of collapse. Corruption, squandering of public funds, deteriorating law and order, lack of transparency and accountability, bureaucratic rigmarole, insensitivity and so forth are quite rampant in the region. There is widespread allegation of insurgency-government officials-bureaucrats-politician nexus, including law enforcing agencies, and siphon off public funds. All this has eroded the individual capabilities and institutional capacities to meet the social objectives. Until and unless the quality of governance has been improved, no matter how much is the fund earmarked for whatever the policy programme initiated would not be successful and only the common people have to bear the brunt. Taking into consideration of the paradigm shift in the development strategy and the amount of funds allocated16 in recent time, we may no longer be able to blame the central government in the near future. The present state of affairs in the region is past deed of the central government and what the future generation will face would be decided by what our government has done today. IV.Opportunities The economy of the region has been disrupteded by the forces discussed in the preceding section in spite of her rich natural resources. Besides the natural resources, many new opportunities have also emerged with the changing contour of world economy that can boost the economy of the region. But, the need of the hour is to focus on those areas which would lead to growth of the economy, develop the sense of participation and can extinguish the social and political chasm. The two main areas that can boost the economy are as follows: a.Tourism Tourism is one sector where the region has comparative advantage. This industry is highly competitive where the tourists have a wide range of choices and look for good value of their money. With bountiful nature’s breathtaking scenic beauty, salubrious climatic conditions, extraordinarily diverse rich art and cultural heritage of the people, this region can become a hotspot for eco and adventure tourism. Tourism industry involves a vast network of business activities relating to attracting, receiving, accommodating, managing and servicing of tourists. These include hotels, restaurants, transport agency and several other related activities. The development of this industry would promote national integration and international understanding, generate employment and revenue and provide prospective buyers for local manufactured products especially handloom and handicraft products–a dyeing industry due to lack of access to market. Tourism can generate more employment per million of rupees spent than any other activities. It can generate jobs in the remotest corners for unskilled to highly specialized skilled workers which would help in the realization of plan objectives. It would also enlarge the base of locally manufactured products. All this, however, would be possible only when there is well-developed infrastructure like transport and communication and sense of participation of the people of the region. b.Border trade The lack of connectivity and access to market, the main causes for under utilization of resources and weak resource-industry linkages, have set the economy of the region by half a century behind. The region has lost the markets in her neighbourhood, particularly in Bangladesh, due to partition, insurgency and diplomatic strains and tensions. Due to the peripheral location and stiff competition from mainland industries having better access to critical inputs like finance, technology and management, the base of traditional manufacturing in the region has been eroded leading to deindustrialization. While resource base can support a variety of industries at all scales, the existing industrial structure, dominated by small-scale demand based industries has not been developed proportionately. This has widened the gap between resource base and industrial structure in the region. Further, due to the restriction of free movement of men and material across the border, the notion of isolation h as developed in the minds of the people. It is in this context, there is a strong argument to develop border trade. In this increasingly borderless world, establishment of border trade would not only provide an opportunity to revive the local manufactured units but also serve as a transit corridor for the mainland big industrial units to explore the vast Asian market. This would also bring the centrality and visibility of the otherwise peripheral north eastern region.17 It is with this vision that ‘look east policy’ was initiated in 1991. Unfortunately, as old habits die hard; the central government still continues to live in the shadow of security obsessed mindset and prefers inward looking approach. As a result, even after fifteen years of implementation of border trade agreement, it has failed to invigorate the region’s trade with their neibhouring countries. As a result, India’s look east policy has, by and large, bypassed the region. The percentage of trade with neighbouring countries have zoom up to 8 per cent of the country’s total volume of trade in 2003-04 from a mere 1.7 per cent in 1987-88. However, over two-third of the total volume of trade with these countries flow via Bay of Bengal while the land borders of the region have been left for transit corridors for illegal trade . The tepidity of the central government in implementation of the policy has only led to rise in the porosity of these borderlands. An impressionistic assessment reveals that there is a rise in negative activities like cross-border insurgency, gunrunning, smuggling drugs, narcotics and AIDS, money laundering, trafficking women, illegal immigration etc. which further add to the existing multifarious problems in the region. Conclusion Globalization has become the most potent force emerged in recent time. It virtually affects every walk of lifepositive or negative. Unlike other regions of the Indian union, North East India is more likely to swamp by its negative effects. The region is at the throes of discernible crisis. Since 1991, there has been increase in inequality and unemployment, decline in the quality of the governance, rise in smuggling, trafficking, illegal immigration, corruption, squandering of public funds, escalation in insurgency related activities, etc. These have led to underdevelopment and erosion of the capacity of the individual and quality of life. A sense of deprivation has developed particularly among the educated youths of the region. The clock is ticking fast and fuse is not long. It is time to work on a holistic approach to resolve problems in the region. Notes 1. Chanda, Nayan, 2003, â€Å"What is Globalization? Coming Together: Globalization Means Reconnecting the Human Community†, YaleGlobal Online, http://www.globalenvision.org/library/8/567. 2. Recently it has been argued that the turning point of higher growth rate in India was 1980 but not 1991 as perceived by many. For more details see Nayyar, Deepak. 2006. â€Å"Economic Growth in Independence India: Lumbering Elephant or Running Tiger?†, Economic and Political Weekly, vol. 41, no. 15, pp. 1451-1458. 3. Some authors even argued that coastal states with open port facility have outperformed non-coastal states in the post globalization era. For more detail see Kishore, Adharsh. 2002. Towards an Indian Approach to Globalization, http://www.rba.gov.au/PublicationsAndResearch/Conferences/2002/kishore.pdf. 4. Sen, Amartya, 2005, â€Å"The Three R’s of Reforms†, Economic and Political Weekly, vol. 40, no. 19, p. 1. 5. ibid., p. 1. 6. Sikkim becomes the member of North East Council on December 2002 after an amendment of the NEC Act 1971. Since then all development purposes of the state has been treated at per with the other seven states of the region. However, the addition of Sikkim in the North Eastern Region is yet to be reflected in the literature of NER. 7. The Report of the Special Group on Targeting Ten Million Employment Opportunities per Year over the Tenth Plan Period has viewed that Current Daily Status (CDS) is the better measure to capture unemployment than Usual Principal and Subsidiary Status (UPSS). 8. The National Human Development Report 2001 provides the estimate of Gini Coefficient for rural and urban area only. It does not provide the combine estimate of the two. 11. For more detail analysis see Roy, Sanjay K. 2005. â€Å"Conflicting Nations in North-East India†, Economic and Political weekly, vol. 40, no. 21, pp. 2176-2182. 12. Prabhakra, M. S. 2004. â€Å"Is North-East India Landlocked?†, Economic and Political Weekly, vol. 39, no. 42, p. 4608. 13. GOI. 1997. Transforming the North East: Tackling Backlogs in Basic Minimum Services and Infrastructure Needs, High Level Commission Report to the Prime Minister, Planning Commission, http://planningcommission.nic.in/reports/genrep/ne_exe.pdf, p. 2. 14. GOI. 2001. National Human Development Report, Planning Commission, http://planningcommission.nic.in/reports/genrep/nhdrep/nhdreportf.htm, p. 114. 15. ibid, p. 114. 16. Apart from all the constituent states being classified as Special Category States, establishment of NEC and induction of DoNER speaks the volume of fund allocated to this region. 17. Verghese, B. G., op. cit. Reference Ahluwalia, Montek S. (2000): â€Å"Economic Performance of States in Post-Reforms Period†, Economic and Political Weekly, vol. 35, no. 19, pp. 1637-1648. Bajpai, M. (2002): â€Å"A Decade of Economic Reforms in India: The Unfinished Agenda†, Working Paper no. 89, Center for International Development, Harvard University, http://www.ksg.harvard.edu/CID/cidwp/089.pdf. Barbora, Sanjay (2006): â€Å"Rethinking India’s Counter-insurgency Campaign in North-East†, Economic and Political Weekly, vol. 41, no. 35, pp. 3805-3812. Baruah, Sanjib: â€Å"The Problem†, http://www.manipuronline.com/North-East/November2005/theproblem23_2.htm. Bhattacharya, B. B. S. Sakthivel (2004): â€Å"Regional Growth and Disparity in India: A Comparison of Pre and Post-Reform Decades†, http://iegindia.org/worksakthi244.pdf. Chanda, Nayan (2003): â€Å"What is Globalization? Coming Together: Globalization means reconnecting the human community†, http://www.globalenvision.org/library/8/567. Ghosh, Madhusudan (2006): â€Å"Economic Growth and Human Development in Indian States†, Economic and Political Weekly, vol. 41, no. 30, pp. 3321-3329. GOI (1997): â€Å"Transforming the North East: Tackling Backlogs in Basic Minimum Services and Infrastructure Needs†, High Level Commission Report to the Prime Minister, Planning Commission, http://planningcommission.nic.in/reports/genrep/ne_exe.pdf. GOI (2001): â€Å"National Human Development Report†, Planning Commission, New Delhi, http://planningcommission.nic.in/reports/genrep/nhdrep/nhdreportf.htm GOI (2002): â€Å"Report of the Committee on India Vision 2020†, Planning Commission, New Delhi, http://planningcommission.nic.in/reports/genrep/pl_vsn2020.pdf. GOI (2004): â€Å"Report of the Twelfth Finance Commission (2005-10)†, Ministry of Finance, http://finance.rajasthan.gov.in/doc/12fcreng.pdf. Grare, Frederic Amitabh Mattoo (2003): Beyond the Rhetoric: The Economics of India’s Look East Policy, Manohar Publishers Distributors, New Delhi. Gupta, K. R. (2005): â€Å"Liberalization and Globalization of Indian Economy†, Gupta, K. R. (ed.) Liberalization and Globalization of Indian Economy, vol. VI, pp. 304-315, Atlantic Publishers and Distributors, New Delhi. Humanshu (2007): â€Å"Recent Trends in Poverty and Inequality: Some Preliminary Results†, Economic and Political Weekly, vol. 42, no. 6, pp. 497-508. Khanna, Sushil (2005): â€Å"Economic Opportunities or Continuing Stagnation†, http://www.manipuronline.com/Economy/November2005/stagnationoropportuny18_1.htm. Kishore, Adharsh (2002): Towards an Indian Approach to Globalization, http://www.rba.gov.au/PublicationsAndResearch/Conferences/2002/kishore.pdf. Kurian, N. J. (2000): â€Å"Widening Regional Disparities in India: Some Indicators†, Economic and Political weekly, vol. 35. No. 7, pp. 538-550. Nayyar, Deepak (2006): â€Å"Economic Growth in Independent India. Lumbering Elephant or Running Tiger?†, Economic and Political Weekly, vol. 41, no. 15, pp.1451-1458. NSSO (1997): Employment and Unemployment in India, 1993-94, 50th Round, Report No. 409. NSSO (2006): Employment and Unemployment Situation in India, 2004-05, 61st Round, Report No. 515. Prabhakra, M. S. (2004): â€Å"Is North-East India Landlocked†, Economic and Political Weekly, vo. 39, no. 42, pp.4606-4608. Ramachandran, H.: â€Å"Governance and People’s Participation†, 15 Background Paper: Vision 2020, http://planningcommission.nic.in/reports/genrep/reportsf.htm. Roy, Sanjay K. (2005): â€Å"Conflicting Nations in North-East India†, Economic and Political Weekly, vol. 40, no. 21, pp. 2176-2182. Sen, Amartya (2005): â€Å"The Three R’s of Reforms†, Economic and Political Weekly, vol. 40, no. 19, pp. 1971-1974. Sinha, A. K. (2005): â€Å"India: Steps Towards Liberalization and Globalization†, Gupta, K. R. (ed.) Liberalization and Globalization of Indian Economy, vol. VI, pp. 315-330, Atlantic Publishers and Distributors, New Delhi. Sinha, Aseema: â€Å"Globalization, Rising Inequality, and New Insecurities in India†, http://209.235.207.197/imgtest/TaskForceDiffIneqDevSinha.pdf Upadhyay, Archana (2006): â€Å"Terrorism in the North-East: Linkages and Implications†, Economic and Political Weekly, vol. 41, no. 48, pp. 4993-4999. Verghese, B. G.: â€Å"Unfinished Business in the North East: Pointers Towards Restructuring, Reform, Reconciliation and Resurgence†, Seventh Kamal Kumari Memorial Lecture, http://www.freeindiamidia.com/economy/19_june_economy.htm.

Kierkegaard and P.M. Moller on Immortality :: Essays Papers

Kierkegaard and P.M. Moller on Immortality P.M. Moller and His Relation to S.A. Kierkegaard Although virtually unknown today outside of Danish philosophical circles, Moller (1794-1838) was, during his lifetime, esteemed as one of Denmark’s most loved poets, and beginning in 1831 he held the position of professor of philosophy at the University of Denmark. While at the university Moller taught Moral and Greek Philosophy, and his early philosophical position has been regarded as Hegelian. Kierkegaard began his university studies in 1830, and the young professor made a deep impression upon him. During 1834-36 two events occurred that transformed Moller’s philosophy and also influenced his relation to Kierkegaard. The first was the death of Moller’s wife in 1834, which caused him to question the adequacy of Hegel’s system. The second was the publication of some articles by Kierkegaard in 1836 in a journal called Copenhagen’s Flying Post. In these articles Kierkegaard attacked Orla Lehmann, the young leader of the liberal student movement. This attack pleased the conservative Moller, and the two developed a deep friendship. Despite the nineteen-year difference in their ages, the two shared similar views regarding Danish politics, a growing distrust of the Hegelian system, and a concern about the state of the Danish clergy. With the death of Moller in 1838, at the age of forty-four, Kierkegaard lost his nearest congenial friend, the person with whom, above all others, he could discuss freely his ideas and receive a sympathetic and intelligent respon se. After Moller’s death Kierkegaard cherished his memory and faithfully read his Posthumous Works when they were published in 1839-43. Kierkegaard also dedicated his book The Concept of Anxiety (1844) to Moller, with the following tribute: To the late Professor Poul Martin Moller The happy lover of Greek culture, the admirer of Homer, the confidant of Socrates, the interpreter of Aristotle, Denmark’s joy in â€Å"Joy over Denmark,† though â€Å"widely traveled† always â€Å"remembered in the Danish summer,† the object of my profound admiration, my profound loss, this work is dedicated. This dedication should illustrate, if not Kierkegaard’s indebtedness to Professor Moller, then at least his unyielding affection. Moller’s Reflections on Philosophical Systems and Personal Immortality The work by Moller that beyond all others influenced Kierkegaard was â€Å"Thoughts on the Possibility of Proofs of the Immortality of Human Beings With Reference to the Most Recent Literature on the Subject.† H.P. Rhode stresses that it was this work on immortality that was Moller’s most important contribution to philosophy in Denmark, and most notably for the young Kierkegaard, who was â€Å"notoriously occupied† with it.

IT ethics: Hacking And Copyrights Essay

IT ethics is a new branch of ethics that is growing and changing rapidly as IT technology also grows and develops. The term â€Å"IT ethics† is open to interpretations both broad and narrow. On the one hand, for example, IT ethics might be understood very narrowly as the efforts of professional philosophers to apply traditional ethical theories or virtue ethics to issues regarding the use of IT technology. On the other hand, it is possible to construe IT ethics in a very broad way to include, as well, standards of professional practice, codes of conduct, aspects of IT law, public policy, corporate ethics – even certain topics in the sociology and psychology of computing. In the industrialized nations of the world, the â€Å"information revolution† already has significantly altered many aspects of life – in banking and commerce, work and employment, medical care, national defense, transportation and entertainment. Consequently, information technology has begun to affect community life, family life, human relationships, education, freedom, democracy, and so on. IT ethics in the broadest sense can be understood as that branch of applied ethics, which studies and analyzes such social and ethical impacts of information technology (Bynum). In recent years, this robust new field has led to new university courses, conferences, workshops, professional organizations, curriculum materials, books, articles, journals, and research centers. The introduction of the World Wide Web in 1990 has catalyzed the expansion of the Internet, which is still growing today at unprecedented rates and IT ethics is quickly being transformed into â€Å"global information ethics†. The recent growth of the Internet has resulted not only in an increase in the amount of available knowledge, but also in an increase in the problems inherent to its usage and distribution. It has become clear that traditional rules of conduct are not always applicable to this new medium, so new ethical codes are now being developed. Edward F. Gehringer gives broad and wide-ranged classification of ethical issues in information technology area. He distinguished following main aspects of IT ethics (Gehringer): Basics; Commerce; IT Abuse; Intellectual Property; Privacy; Risks; Social Justice Issues; Although, in practice every case involves at least two of those issues. At first, let us discuss problems of copyrights in present-day IT industry. It seems that this issue deals with almost every aspect listed above and it will be good example of ethics implementation in IT. In article â€Å"Napster, DVD cases raise copyright questions in digital age†, we can observe some problems concerning copyright issues of IT industry. The article discusses this problem on example of Napster, the Internet search engine which allows over 60 millions consumers to find and download free music. â€Å"Experts say the high-tech context in which copyright questions are being raised – as exemplified by the Napster case in California and a DVD-encryption case out of New York – also shows that the law is always a few steps behind technology.† The Recording Industry Association of America filed a lawsuit against Napster in December 2000, accusing the company of encouraging the illegal copying and distribution of copyright music on a massive scale. Author asserts that the case raises fundamental questions about freedom of information and activity on the Internet and what copyright protections musicians have or do not have in cyberspace. â€Å"For th ose and other reasons, legal experts point to the Napster case as crucial to the future of cyberspace and copyright law in the United States, the world’s leader in high-tech issues†, he states. In this article, the writer also describes how copyright law needs revision because it has become so complicated and counterintuitive. He also maintains that many content providers and copyright lawyers tend to propagate â€Å"made-up rules† that purport to clarify ambiguities such as the legality of sharing music on peer-to-peer file sharing networks. Author asserts that copyright rules, however, are in considerable flux these days and very little is clear about these new technologies. According to article, we surely have no obligation to follow made-up rules, although it is sometimes easy to confuse these specious requirements with real ones. Given this confusion, it concludes that the need for copyright reform is urgent. With the dawning of the Internet and other highly advanced technology, people all around the world are now able to copy, download, and distribute copyrighted material with ease. Unfortunately, the use of the Internet has increased the conflict with copyright laws.   In 1998, Congress passed the Digital Millennium Copyright Act to address the tricky issue of copyright protections in a digital environment. An important aspect of that law was anti-circumvention protection, which barred people from circumventing password-protected and other secure Web sites that provide access to creative works. The law said the copyright owners could file civil lawsuits against those who break into such secure Web sites. This is the directly applicable law in the DVD case. At its core, copyright law says that the creators of certain literary and artistic works have the right to ensure that unauthorized people do not use their work for unauthorized purposes. The creators hold the copyright. They can gi ve up their exclusive right to publishers or other authorized entities for a limited time or permanently. Legislation and court rulings have held that people have a significant right to make use of exceptions within the copyright law to avoid lawsuits. On the other hand, if the overwhelming majority of actors regulated by the copyright law are ordinary end-users, it makes no sense to insist that each of them retain copyright counsel in order to fit herself within niches created to suit businesses and institutions, nor is it wise to draw the lines where the representatives of today’s current stakeholders insist they would prefer to draw them. Extending the prescriptions and proscriptions of the current copyright law to govern the everyday acts of non-commercial, non-institutional users is a fundamental change. To do so without affecting a drastic shift in the copyright balance will require a comparably fundamental change in the copyright statutory scheme. In a whole, issues in article raised very well, opposing two different views on copyright problem – from creator’s and from consumer’s side. Undoubtedly, both the Napster and DVD cases raise free speech, fair use and copyright issues, which makes them important to future legal and legislative action in the high-tech area. Using those cases writer shows controversial issues and concludes that the need for copyright reform is urgent. On the other hand there is no strong support for reasons in which way legislation concerning copyrights could be established. In my opinion, the eloquence surrounding digital copyright in general, and peer-to-peer file sharing and DVD encryption in particular, heated in article, inspires great confusion about what the copyright law does and does not prohibit. In general, most of the key legal questions are still unsettled, in part because copyright defendants have run out of money and gone out of business before their cases could go to trial. In that vacuum, some copyright owners are claiming that their preferred rules of conduct are well-established legal requirements. There may be an ethical obligation to follow real rules, even when they seem unreasonable. But there is any ethical obligation to follow made-up ones. Indeed, in this context, we may have an ethical obligation to resist them. When considering this new and advanced way of sharing information, with regard to copyright laws, the following factors must be assessed: the legality of the situation, financial losses and gains, and moral issues. Two different views can be inevitably argued over this controversial issue; those who think the downloading of copyrighted material, without the permission of the author is theft, and those who believe file sharing of copyrighted material is their right in the information age.   Although the digital age has made advanced technology available to everyone, the principles of justice and fairness should still prevail. As an IT professional, we have the moral responsibilities to point out when necessary about copyrights. We should be aware that copyrighted material on the Internet is available for free download only if the creators give consent to its publication and distribution. It can be certain that the debate on copyright in the digital age will continue, and that a definitive solution will take a while to reach for each side.   Technology will always be here and will continue to advance, but the industries must be willing to work with the technology to meet the demands of the consumer in the information age. Hacking is also one of the most significant issues nowadays, which involves almost every aspect of IT ethics. Second article I have submitted for hacking ethics topic is â€Å"Under the skin of digital crime† from BBC News. The article discusses issues of â€Å"positive† and â€Å"negative† hacking. It claims that there was a time when hacking was something positive. It was done in the name of intellectual curiosity rather than financial reward. Now hacking has become an activity that holds two positions and is therefore both solemnized for its insightful inventiveness and defamed for its devious acts. Article claims that the ethics behind hacking and the actions taken by hackers constitute a manifesto that transcends ordinary understanding of this activity. Hackers argue that their actions promote a means for tighter security by way of detecting flaws and patches for systems and software. However, these very actions are viewed as violations of the rights to privacy and security for both individuals and organizations. Consequently, this establishes a cautionary attitude toward ethical issues such as, privacy, security and the future of the Internet. Another trend that article raises is the creeping criminality of hacking, much of which is now carried out for explicitly financial reward. Some criminal hackers are threatening to bombard some web-based businesses with gigabytes of data unless large amounts of cash are handed over. It is extortion with a hi-tech gloss. In author’s experience, many of these criminal hackers have full-time jobs in technology. â€Å"Professional hackers are professional in all senses of the word,† he states, â€Å"they work in the industry.† The fundamental doctrine or ethic that hackers use in order to justify their behavior is the idea that hacking offers a mode of investigation, which allows an individual to gain knowledge necessary to infiltrate systems that contain vulnerabilities. Acquiring this knowledge allows one to develop strategies that facilitate exploration of their functions and the inner components of the systems. The â€Å"hacker ethic† states in part that all information belongs to everyone and there should be no boundaries or restraints to prevent disclosure of this information. This philosophy that is upheld by the hacker community introduces ethical questions regarding the freedom of information and the loss of privacy. One more argument supported by the hacker ethic is that break-ins elucidate security problems to those who can do something about them. Hacker intrusions into systems surpass the traditional understanding of violating the laws of trespassing. Hacking involves the exploitation, or the manipulation of a bug, or a backdoor that is inherently present within the system. In this view, hacking is not a threat against the integrity of the system being exploited, but instead is a means of implementing corrections and enforcing tighter security. Although issues in article risen well, the writer did not make a conclusive support argument of the statement that many of criminal hackers have full-time jobs in technology. There is not strong support for causes of criminal actions by hackers. The only reason that they carried out hacking, he argued for explicitly financial reward. Concerning hacking ethics, problem discussed very particularly, and the common statement depicts real situation. Undoubtedly, hackers and hacking problems are real ones, but how might they be solved? Security requires much more than designing a secure technical infrastructure that resembles an impenetrable fortress. The key to a secure network is the development of real time enforceable policies that take advantage of security bulletins and published security holes. â€Å"It is ethically wrong to wait until systems under protection are compromised in order to begin patching up the holes. Securing a network doesn’t begin with high cost software and security firewalls aimed at halting the intruders, but begins with utilizing available knowledge that calls for improvements made by ethical hacking.† (Mikkkeee). Whatever the case, hackers believe that when they compromise a system they are in effect introducing fixes that force the system administrator to take the necessary precautions in patching up the hole, thereby tightening the security of the system. From this position, the hacker is actually doing a service to the system administrator who is unfamiliar with the bugs that can lead to a system compromise. If there is any criminal intent on the part of the hacker, then they should be held legally accountable for violating the security of the system and their actions should be punishable by law. From the point of view of IT professional, we have the moral responsibilities to point out when necessary about hacker activities. Even though hacking undoubtedly has led to productive improvement in IT and software security, it has in effect created many disruptive problems online and offline. Hacking is an activity that introduces a method of analysis that targets and works on various components. Therefore, hacking has the potential to cause harm and to violate legitimate privacy and property rights. By ethical standards hacking does introduce crucial security fixes, but does so at the expense of violating privacy and the security of individuals. Furthermore, hacking activities lead to disruptive and dangerous problems for society, which tend to be difficult to eradicate. But, with awareness of those problems, we also should take into account that hacking is underside of technical progress, and could not be considered apart of it. As The Mentor warns in the conclusion to his manife sto, â€Å"I am a hacker, and this is my manifesto. You may stop this individual, but you can’t stop us all† (Mentor, 1). Even if the authorities catch a hacker, as long as there is a motivation, hacking will persist. On the other hand, IT professionals should clearly recognize boundary between real professionalism and hacking in their own activity, because that line is very transparent. In conclusion, we should note, that significant attention paid to issues erected above in public press. Many publications leave negative impression about hacking and copyrights, as those are lawless anyway. The Napster and DVD cases received the most publicity because it involves highly popular software that millions of people around the world use to share music and films. Concerning hacking issue, media tend to use the word â€Å"hacker† as a synonym for cyber vandal, digital criminal and basically any person who uses digital means to perform criminal or malicious activities. Nevertheless, it would be better to consider not only consequences, but causes as well. For the first look hacking and copyrights are on the contrary sides of ethics, but when we examine details, there are much more common between them. These problems are permanent topics of news nowadays. With penetration of information technology into mass media, which now functioning very closely related with World Wide Web, moreover, when Internet becoming a main media, issues of hacking and intellectual property ethics are affecting mass media itself noticeably. Thus those problems widely covered now in press and will cover on with spreading of information technology. The question is in qualitative impact of subjects on mass media. Bibliography: Bynum, Terrell, IT Ethics: Basic Concepts and Historical Overview. The Stanford Encyclopedia of Philosophy (Winter 2001 Edition), Edward N. Zalta(ed.), Gehringer, Edward. â€Å"Ethics in Computing.† Ethical Issues. Homepage. 2001 Chebium, Raju. â€Å"Napster, DVD cases raise copyright questions in digital age.† CNN.com News. August 7, 2000 Ward, Mark. â€Å"Under the skin of digital crime.† BBC News Online. 11 May, 2004 Mikkkeee. â€Å"Hacking: Ethical Issues of the Internet Revolution.† New Order Portal. March 29, 2003 The Mentor, â€Å"The Conscience of a Hacker,† Phrack, Vol One, Issue 7, Phile 3, January 8, 1986. February 10, 2003.

Exceptions to Indefeasibility - Free Essay Example

Sample details Pages: 6 Words: 1854 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? Exceptions to indefeasibility Indefeasibility of title which means that the ownerà ¢Ã¢â€š ¬Ã¢â€ž ¢s title or interest in the land become not able to be defeated or doubted by any unfavorable claim which are not stated in the register. The case of Teh Bee v K .Maruthamuthu held that if there is no any of the vitiating factors stipulated in section 340[1] of the National Land Code (NLC) 1965, once the title is registered, it is indefeasible. For example, when Hanif bought a piece of land and then went to Land Office for the purpose of registered the title under his name as to be a legal owner of the land. Don’t waste time! Our writers will create an original "Exceptions to Indefeasibility" essay for you Create order Once the registration process is made, then Hanifà ¢Ã¢â€š ¬Ã¢â€ž ¢s title of land becomes unchallengeable and indefeasible. However, Indefeasibility is not absolute. There are certain circumstances where the registered title or interest may be invalid or defeated which are stated in section 340(2)[2] under NLC and also by case law. The title of land is can be defeated where there is fraud, misrepresentation, forgery, if the title or interest was unlawfully obtained. Fraud Section 340(2)(a) stated that where the person who obtained the title of the land from another person by way of fraud or deceived, the title of such person can be defeated. The definition of the word à ¢Ã¢â€š ¬Ã‹Å"fraudà ¢Ã¢â€š ¬Ã¢â€ž ¢ was applied in the Malaysian cases of Tai Lee Finance Co Sdn Bhd v Official assignee Ors [1983]. The court held that: Where the title of land is registered, then the title is indefeasible but under section 340(2) NLC which is obtained the title by way of fraud, so the title can be defeasible. The law is settled that while section 340 makes it very clear that the title or interest of a register owner shall be indefeasible. In the case of actual fraud under section 340(2), such title or interest shall not be indefeasible. The question of existence of fraud is one of fact to be determined in the facts surrounding each particular case. When the person who is claim that they are fraud, then the duty of the person is to find evidences to proof that the fraud is truths. For example, Pai Lang is forges Ho Langà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature to transfer the land to him. After Ho Lang discover that his land are being transferred to Pai Lang by the way of forgery, then the Ho Lang must find evidence to proof that Pai Lang is through the way of forgery to transfer his land without knowledge. In addition, the case of Public finance Bhd v Narayanasamy [1971] is also one of the cases that is does not enjoy the indefeasibility provided under section 340 NLC 1965. The court held that the appellantà ¢Ã¢â€š ¬Ã¢â€ž ¢s insists that the third parties do not have any rights, apart from the right to damages against the respondent for break oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s promise; this is so clearly unreasonable that the learned judge is reasonable in holding that they are guilty of fraud and conspiracy. If they admit that the sub-purchasers have the right to the lands they had paid for, it will be impossible for any court to say that they want to perpetrate a frau d. For example, when the chargee is involved in the guilty of fraud and conspiracy, then the chargeeà ¢Ã¢â€š ¬Ã¢â€ž ¢s application for order of sale of charged land would be defeated. This means that the chargee does not enjoy defeasibility of title as the chargee is obtained the title of land by the way of illegal action. Misrepresentation Lee and Detta (2009, p.730) notes that the à ¢Ã¢â€š ¬Ã‹Å"misrepresentationà ¢Ã¢â€š ¬Ã¢â€ž ¢ within the context of section 340(2) would mean à ¢Ã¢â€š ¬Ã‹Å"fraudulent misrepresentationà ¢Ã¢â€š ¬Ã¢â€ž ¢. It is kinds of fraud under the cases of Datuk Jagindar Singh Ors v Tara Rajaratnam. The principle of this case is the interest or title which is able to be defeated by the grounds of any situations provided for in section 340 NCL 1965 remains liable to be void even in the hands of a subsequent purchaser except it can be proved that he is a purchaser in good faith and for valuable consideration. Lee and Detta (2009, p.731) acknowledge that the examples of fraudulent misrepresentation include the following: the suggestion, as to a fact, of that which is not true by one who does not believe it to be true; (Lee and Detta, 2009) The active concealment of a fact by one having knowledge or belief of the fact; (Lee and Detta, 2009) A promise made without any intention of performing it; (Lee and Detta, 2009) Any other act fitted to deceive; and (Lee and Detta, 2009) Any such act or omission as the law specifically declares to be fraudulent. (Lee and Detta, 2009) Forgery Under section 340(2)(b) NLC 1965 states that upon the registration was acquired by the way of forgery, the title of the land for such person is defeasible. The event where such person is not a party to forgery, his title is still defeasibe. For instance, under the cases of Booson Boonyanit v Adorna Properties Sdn Bhd when the forgery by itself would makes the registered title become defeasible regardless of the lack of knowledge on the part of the owner. In other hands, even if he is an innocent purchaser for value but it would also affect the immediate owner. However, in the case of Booson Boonyanit indicate that the subsequent purchasers are protected by section 340 (3)[3] NLC 1965. For example, Lee Gak was looking for the land to build factory and ask for help from his friend, Yong Tae Mu. At that time, Yong Tae Mu already had a land, which was he tricked his grandmother to transfer the land to him. So, Yong Tae Mu sold the land to his friend, Lee Gak. However, Lee Gak did not know that the land was getting by fraud. When Yong Tae Muà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandmother wanted to get back the land, she just realized that the land was sold. In section340 NCL 1965 stated that the title or interest of land is indefeasibility upon registration, so Yong Tae Muà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandmother can have her land back. Yong Tae Mu had cheated his grandmother to get the land, so his land title is defeasibility which stated in Section 340 (2) National Land Code. However, Yong Tae Mu had already sold the land to his friend, Lee Gak. Lee Gak still can remain the ownership of land because he was the innocent party and the subsequent purchaser is protected by Section 340 (3). In conclusion, Lee Gak had the land and Yong Tae Muà ¢Ã¢â€š ¬Ã¢â€ž ¢s grandmother is unable to claim back her land. Basically, the subsequent purchase has the benefit of protection whereas the immediate proprietor does not have are stipulated in Section 340(3). For example, Alexandar is the regis tered owner of the land. Benjamin forges Alexandarà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature and transfers a piece of land to himself. Then, Benjamin sells the land and transfer the land to Catherine. But Catherine, who has no being aware of the forgery, she will obtain the indefeasible title. Or if Benjamin forges Alexandarà ¢Ã¢â€š ¬Ã¢â€ž ¢s signature and transfers the land from Alexandar to Catherine and Catherine later transfers the land to Damien, then, Damien and not Catherine, who has no knowledge of the forgery, will obtain an indefeasible title. Catherine and Damien in the first and second examples are known as sub-purchasers under section 340(3). Besides than that, chargee may still can succeed in obtaining an order for sale when the land is transferred by the fraud of the transferee and a charge is effected in favour of an innocent 3rd party as illustrated inOwe Then Kooi v Au ThiamSeng Anor Development Commercial Bank Bhd v Au Thin Chai Ors. For example, Park Ha and Joo Se N a are sisters and having closing relationship to each other. But, Park Ha is richer than Joo Se Na and owns some property. Joo Se Na felt jealous to her sister Park Ha and wanted to get her sisterà ¢Ã¢â€š ¬Ã¢â€ž ¢s property, so, Joo Se Na tricked her sister to transfer her property to Joo Se Na. Her sisters had believed Joo Se Na and agree to transfer her property to Joo Se Na on the spot. Joo Se Na charged the property to Bank Mimi to borrow money after she got the title of land from her sister. Her sister realized that she had been cheated by Joo Se Na while Joo Se Na had already run away with the money which had borrowed from Bank Mimi. Her sister wanted to get back her title of land since she had been cheated. However, she unable to take back her title of land due to there was included the innocent party, which was Bank Mimi. The amount of money lend to Joo Se Na is not able to be recovered, so Bank Mimi had to sell the property to get back their money which is lend to Joo Se N a. Joo Se Naà ¢Ã¢â€š ¬Ã¢â€ž ¢s sister, Park Ha still can get the money if there was remaining money after sold the property, vice versa. Lee and Detta, (2009, p.731) acknowledge that this may be compared with the position in Sarawak where section 132[4] of the Sarawak Land Code (cap.81) provides that a purchaser in good faith and for value, provided that he is innocence and commit of any fraud, will obtained an indefeasible title or interest when registration even if the registration has been obtained by the way of forgery or void instrument. (Lee and Detta, 2009) Insufficient or void Instruments Insufficient or void instruments is laid down under section 340(2)(b) NLC 1965. For example, an instrument of dealing may be considered to be adequate if the instrument has failed to comply with certain procedures or formalities as stipulated by the NCL. Thus the procedures or formalities as stipulated by sections 207 to 211 NLC 1965 must be followed or else the instrument of dealing may be considered to be inadequate. Based on the case of Puran Singh v Kchar Singh Anor, another example of an à ¢Ã¢â€š ¬Ã‹Å"inadequate à ¢Ã¢â€š ¬Ã‹Å"instrument is an instrument of dealing signed by an lawyer according to an invalid or insufficient power of attorney . On the other hand, Lee and Detta (2009, p.732) notes that void instrument would include one which is forged or violation to any restriction in interest to which the land is subject to any prohibition imposed by the Code or any written law. Examples of instruments which are because of prohibition prescribed by law include the foll owing: Transactions made in violation of the Moneylenders Ordinance 1951. (Lee and Detta, 2009) Transactions made in violation of Malay Reservation Enactments. (Lee and Detta, 2009) Position of Subsequent Purchaser Taking Defeasible Title/Interest Lee and Detta (2009, p.732) acknowledge that section 340(3) provided that nothing in this subsection shall affect any title or interest acquired by any purchaser in good faith and for valuable consideration, or by any person or body claiming through or under such a purchaser. The result of section 340(3) is that where a registered title is presented defeasible by the grounds of the circumstances provided under section 340(2) NCL 1965, it is liable to be void not only in the hands of the immediate registered owner but also any subsequent purchaser. [1] Refer to Appendix 14 [2] Refer to Appendix 15 [3] Refer to Appendix 16 [4] Refer to Appendix 17