Is Laos a Criminal State?

YES,CAMBODIA IS TOO

Last week’s attempted execution of a prominent government critic points to the recent rise of lawlessness and a sharp decline in public safety.

By Kearrin Sims

THE DIPLOMAT
May 05, 2023


The Patuxai monument in the center of Vientiane, Laos, by night.Credit: DepositphotosADVERTISEMENT


On April 29, an unknown assailant attempted to murder Anousa Luangsuphom. The administrator of a Facebook page that served as a platform for public political debate in Laos, Anousa, known by the nickname “Jack,” was shot twice at close range by in a Vientiane coffee shop. Following initial reports that Anousa had been killed in the attack, it later emerged that he survived and is recovering at a hospital in the Lao capital.

At just 25 years of age, Anousa represents one of a swelling number of young Lao citizens who are becoming more vocal about their country’s lack of political freedoms. Despite repeated efforts by the government to censor social media, online criticism of the party-state has been increasing, particularly among youth.

Anousa’s attempted murderer has not been apprehended, and there has been no announcement of a police investigation. He and his family must be protected.

This act of violence is just the latest in a growing list of human rights abuses against those who have sought to promote political transparency and freedom in Laos. These include Od Sayavong, Houayheuang Xayabouly, and Sombath Somphone – to name just a few of the more prominent cases. Houayheuang continues to be imprisoned for her criticisms of the government’s abysmal response to support survivors of the Xe-Pian Xe-Namnoy hydropower dam collapse, while the whereabouts of Sayavong and Somphone, both victims of enforced disappearance, remain unknown.

Laos has long been an authoritarian state with no tolerance for public criticism. Increasingly, however, it appears to be also becoming a criminal state, where corrupt elites have enmeshed themselves within the state apparatus for the purpose of accumulating wealth.

Take, for example, the Golden Triangle Special Economic Zone (GTSEZ) in the country’s northern province of Bokeo, where reports indicate that victims from more than 20 countries have been trafficked and forced to undertake cybercrime. Reports of torture, debt bondage, murder, and suicides have surrounded the zone, in which the Lao government holds a 20 percent stake. Alongside internationally trafficked victims, many vulnerable citizens of Laos have also been held captive in the zone, with families having to pay extortion fees to free their loved ones from prostitution and other forms of involuntary labor. Drug trafficking through Bokeo province has also accelerated rapidly since the GTSEZ was established.

Yet amid all this criminality, the Lao government recently awarded the zone’s chairman, Zhao Wei, a medal of bravery.

Zhao is an internationally-recognized criminal known to be engaged in drug trafficking, human trafficking, money laundering, bribery, and wildlife trafficking. That he was given an official state award in the midst of wide international media attention on his human trafficking operations speaks to the criminality of the Lao government and the waning of public safety and security.

In December 2022, Phankam Viphavanh retired as prime minister of Laos amid soaring inflation and a ballooning national public debt. The country’s economic woes may have been cause for his departure, but the discovery of a woman’s body in a suitcase in the Mekong River is also believed to have played a role. Like Anousa, this woman had also been shot multiple times, and those responsible for her murder have not been identified. The woman was later identified as a Lao millionaire; while not confirmed, it is rumored that she was the mistress of Phankam. The scandal surrounding her death may have also underscored his hasty, encouraged, retirement.

What is the state of public safety and security when the murderer(s) of a prominent and wealthy Vientiane businessperson, and possibly the prime minister’s mistress, go without arrest?

Concerning threats to international visitors, the mysterious 2015 death of Nara Pech, a 28-year-old Canadian national, should not be forgotten. Many of the details surrounding Pech’s death are unclear, but it is known that he died from stab wounds inflicted at Vientiane’s Wattay International Airport, after he had cleared customs. Shortly before his death, Pech left a harrowing voice message on his fiancée’s parents’ phone, stating, “I’m in Laos and they’re trying to hurt me. I need help… they took my boarding pass…” Surveillance video from the airport was withheld by the Lao government, who made the highly-unconvincing claim that Pech died from a self-inflicted stabbing.

What is the level of public security and safety when an international tourist is subject to a violent death in a country’s primary international airport?

When critics of the government are murdered, disappeared, or imprisoned in Laos, the party-state is sending a message to the population that free speech will not be tolerated.

Ironically, the Lao People’s Revolutionary Party (LPRP) has long and repeatedly claimed public peace and stability as a central pillar of its legitimacy. Presented as a sign of good political governance, stability is in reality maintained through state violence and oppression to prevent political opposition and any criticism of the LPRP. As inequality and the harmful effects of elite capture increase, and as people’s lives become more difficult due to macro-economic mismanagement, the party-state is increasing the frequency and severity of its political oppression.

The message to remain silent about land acquisitions and displacements, dam collapses, extractive foreign investment, or any other “sensitive” matter related to elite profiteering at the expense of the poor, is delivered to the people of Laos through violence. It is a message directed at a domestic audience, in order to maintain single party-state rule at all costs. But it is also a message that the international community needs to hear.

Laos was once widely considered as a safe and welcoming country to visit, live, and work. The people of Laos remain as warm and welcoming as ever, but the country is becoming much less safe for citizens and for international tourism and business.

When the state colludes with and rewards international criminals such as Zhao Wei, when it fails to provide any answers as to the whereabouts of an internationally-esteemed community development worker whose abduction at a police-checkpoint in the nation’s capital is recorded on CCTV, and when it doesn’t immediately announce an investigation into the attempted assassination of a prominent social media figure – also captured on CCTV – public safety and security is eroded.

When the alleged mistress of the country’s prime minister is shot, stuffed into a suitcase, and thrown into the Mekong river, or when Vientiane is the last known whereabouts of three Thai political activists whose bodies were also found in the Mekong river, public safety and security erodes further.

When Lao political activists are not even safe in Thailand, when the trafficking of crystal methamphetamine skyrockets so much that the “largest drug bust in Asia’s history” is just one of three major seizures in Laos in a single week, or when a Canadian tourist dies (most likely as a result of murder) near a custom checkpoint at an international airport, Laos can no longer be considered a safe country.

To be sure, state violence remains predominantly targeted at those deemed threatening to the party-state, or at those whose homes or livelihoods happen to stand in the way of elite profiteering. But the message for the international community could not be more clear: come to Laos at your own risk.

GUEST AUTHOR
Kearrin Sims
Dr. Kearrin Sims is a lecturer in development studies at James Cook University. He researches regional connectivity and South-South cooperation within mainland Southeast Asia, with a focus on ethical development. His recent work examines the intersectional violence of large-scale infrastructures, political oppression, and development geopolitics. More information about his work can be found here.

Next fear about AI: Hollywood's killer robots become the military's tools

THAT HAS ALWAYS BEEN THE FEAR!

ANALYSIS
BY DAVID E. SANGER
NEW YORK TIMES

The military is trying to figure out what the new AI technologies are capable of when it comes to developing and controlling weapons, and they have no idea what kind of arms control regime, if any, might work.

AP file photo


WASHINGTON – When President Biden announced sharp restrictions in October on selling the most advanced computer chips to China, he sold it, in part, as a way of giving American industry a chance to restore its competitiveness.

But at the Pentagon and the National Security Council, there was a second agenda: arms control. If the Chinese military cannot get the chips, the theory goes, it may slow its effort to develop weapons driven by artificial intelligence. That would give the White House, and the world, time to figure out some rules for the use of AI in everything from sensors, missiles and cyberweapons, and ultimately to guard against some of the nightmares conjured by Hollywood – autonomous killer robots and computers that lock out their human creators.

Now, the fog of fear surrounding the popular Chat GPT chatbot and other generative AI software has made the limiting of chips to China look like just a temporary fix. When Biden dropped by a meeting in the White House on Thursday of technology executives who are struggling with limiting the risks of the technology, his first comment was "What you are doing has enormous potential and enormous danger."

It was a reflection, his national security aides say, of recent classified briefings about the potential for the new technology to upend war, cyberconflict and – in the most extreme case – decision-making on employing nuclear weapons.

But even as Biden was issuing his warning, Pentagon officials, speaking at technology forums, said they thought the idea of a six-month pause in developing the next generations of Chat GPT and similar software was a bad idea: The Chinese won't wait, and neither will the Russians.



"If we stop, guess who's not going to stop: potential adversaries overseas," the Pentagon's chief information officer, John Sherman, said Wednesday. "We've got to keep moving."

His blunt statement underlined the tension felt throughout the defense community today. No one really knows what these new technologies are capable of when it comes to developing and controlling weapons, and they have no idea what kind of arms control regime, if any, might work.

The foreboding is vague, but deeply worrisome. Could Chat GPT empower bad actors who previously wouldn't have easy access to destructive technology? Could it speed up confrontations between superpowers, leaving little time for diplomacy and negotiation?

"The industry isn't stupid here, and you are already seeing efforts to self regulate," said Eric Schmidt, a former Google chair who served as the inaugural chair of the advisory Defense Innovation Board from 2016-20.

"So there's a series of informal conversations now taking place in the industry – all informal – about what would the rules of AI safety look like," said Schmidt, who has written, with former Secretary of State Henry Kissinger, a series of articles and books about the potential of AI to upend geopolitics.

The preliminary effort to put guardrails into the system is clear to anyone who has tested Chat GPT's initial iterations. The bots will not answer questions about how to harm someone with a brew of drugs, for example, or how to blow up a dam or cripple nuclear centrifuges, all operations in which the United States and other nations have engaged without the benefit of AI tools.



But those blacklists of actions will only slow misuse of these systems; few think they can completely stop such efforts. There is always a hack to get around safety limits, as anyone who has tried to turn off the urgent beeps on an automobile's seat-belt warning system can attest.

Although the new software has popularized the issue, it is hardly a new one for the Pentagon. The first rules on developing autonomous weapons were published a decade ago. The Pentagon's Joint Artificial Intelligence Center was established five years ago to explore the use of AI in combat.

Some weapons already operate on autopilot. Patriot missiles, which shoot down missiles or planes entering a protected airspace, have long had an "automatic" mode. It enables them to fire without human intervention when overwhelmed with incoming targets faster than a human could react. But they are supposed to be supervised by humans who can abort attacks if necessary.

In the military, AI-infused systems can speed up the tempo of battlefield decisions to such a degree that they create entirely new risks of accidental strikes, or decisions made on misleading or deliberately false alerts of incoming attacks.

"A core problem with AI in the military and in national security is how do you defend against attacks that are faster than human decision-making, and I think that issue is unresolved," Schmidt said. "In other words, the missile is coming in so fast that there has to be an automatic response. What happens if it's a false signal?"

Tom Burt, who leads trust-and safety operations at Microsoft, which is speeding ahead with using the new technology to revamp its search engines, said at a recent forum at George Washington University that he thought AI systems would help defenders detect anomalous behavior faster than they would help attackers. Other experts disagree. But he said he feared it could "supercharge" the spread of targeted disinformation.

All of this portends a whole new era of arms control.

Some experts say that since it would be impossible to stop the spread of Chat GPT and similar software, the best hope is to limit the specialty chips and other computing power needed to advance the technology. That will doubtless be one of many different arms-control plans put forward in the next few years, at a time when the major nuclear powers, at least, seem uninterested in negotiating over old weapons, much less new ones.

Deep-sea cannibal fish wash up along Oregon shoreline, baffling scientists
By Katherine Donlevy

NY POST
May 6, 2023 

Several Lancetfish have washed ashore on Oregon beaches over the past few weeks, leaving scientists baffled.Oregeon State Park/Facebook

Something about this smells fishy.

Scientists have been left baffled after several cannibalistic “twilight zone” creatures washed up on Oregon’s beaches in recent weeks.

Multiple lancetfish — one of the ocean’s largest fish that live about a mile below the surface — were found strewn across a 220-mile swath of the state’s coastline.

“No one is sure why they are washing ashore,” the state parks department said.

But not all of the famously carnivorous and hermaphroditic creatures are washing up dead.

At least one fish was found on the beaches still alive; it was “helped back to the ocean and it swam off.”

Lancetfish — whose scientific name Alepisaurus means “scaleless lizard” — live mainly in tropical and subtropical waters, but they migrate as far north as subarctic areas like Alaska’s Bering Sea to feed, according to the National Oceanic and Atmospheric Administration Fisheries Service.

Though they can be found in shallow waters, their preferred habitat is in the twilight zone, which lies between 650 and 3,3000 feet below the surface.

Multiple lancetfish were found strewn across a 220-mile swath of the state’s coastline.AP

At least one fish was found on the beaches still alive; it was “helped back to the ocean and it swam off.”AP

What do you think? Post a comment.

The lancetfish are not typically known to wander close to North American shorelines.

Scientists theorize the lancets that are washing up could be suffering from injuries, or are ill and can’t swim effectively.

They are think recent storms could have caused their arrival.

Several scaleless fish with fanged jaws and huge eyes that can be found more than a mile deep in the ocean have washed up along a roughly 200-mile (322-kilometer) stretch of Oregon coastline. (Twitter)

Freaky-looking’ fanged fishes found on US beaches

The Associated Press
Published: 06 May ,2023

Several scaleless fish with fanged jaws and huge eyes that can be found more than a mile deep in the ocean have washed up along a roughly 200-mile (322-kilometer) stretch of Oregon coastline, and it’s unclear why, scientists and experts said.

Within the last few weeks, several lancetfish have appeared on beaches from Nehalem, in northern Oregon, to Bandon, which is about 100 miles (161 kilometers) from the California border, Oregon State Parks said on Facebook.

The agency asked beachgoers who see the fish to take photos and post them online, tagging the agency and the NOAA Fisheries West Coast region.

Lancetfish live mainly in tropical and subtropical waters but travel as far north as areas like Alaska’s Bering Sea to feed. Their slinky bodies include a “sail-like” fin, and their flesh is gelatinous — not generally something humans wish to eat, according to NOAA Fisheries.


Ben Frable, a fish scientist who manages the Marine Vertebrate Collection at Scripps Institution of Oceanography at the University of California San Diego, said it’s not uncommon for lancetfish to wash up on beaches, particularly in California and Oregon and in other parts of the north Pacific.

It’s unclear what might be behind the deep-sea fish washing ashore, Frable said, calling it an area of “open research.” He added that it’s not clear if these incidents are happening more frequently or are just noticed more often in the social media age.

Reports of finding the “freaky looking” lancetfish on beaches date back to the 19th century, he said. The collection he manages includes lancetfish from beaches, including one that wound up on the beach near the institution in late 2021.

In that case, the lancetfish “shot out of the water,” where it was mobbed by seagulls, Frable said. It’s possible the fish had been chasing prey, such as small fish, and got too close to shore — or that it was pursued by a predator, such as a sea lion, he said.

Some have also hypothesized that such incidents could be related to weather or climate patterns in the Pacific Ocean, he said.

According to NOAA Fisheries, lancetfish can be more than 7 feet (2 meter) long and swim to depths of more than a mile beneath the surface of the sea.

Last week, Miranda Crowell happened across a lancetfish on a beach in Lincoln City, Oregon. At first, she thought it might be a barracuda but that didn’t seem right, so she posted a photo of it on Twitter and asked what it could be. She quickly got a response.

The fish, which she saw April 28, was more than 4 feet (1 meter) long and seemed to have just washed ashore.

“I have never seen anything like that on that beach,” she said.

Frable encouraged people to report any sightings, saying it could provide useful information for researchers.

He also said that incidents like these provide an opportunity “to kind of highlight the true diversity of life on the planet and how there are things that you just don’t think about — but they’re out there.”

The Cinco de Mayo Celebrations In Mexico

Mexico observed Cinco de Mayo celebrations on Friday. The day marks the anniversary of the Battle of Puebla. In the battle May 5, 1862, Mexicans defeated the French forces of Napoleon III. The day has come to be celebrated as the mark of Mexican resistance to foreign domination.


UPDATED: 06 MAY 2023

Mexico Cinco de Mayo | Photo: AP/Marco Ugarte
People take part in a reenactment of the Battle of Puebla during a Cinco de Mayo celebration, in Mexico City.

  

Mexico Cinco de Mayo | Photo: 

Mexico Cinco de Mayo | 

A person taking part in a reenactment of the Battle of Puebla wears a poncho adorned with an image of the Virgin of Guadalupe, during a Cinco de Mayo celebration, in Mexico City.

A person taking part in a reenactment of the Battle of Puebla holds a chicken's head in his mouth, during a Cinco de Mayo celebration, in Mexico City.

A person taking part in a reenactment of the Battle of Puebla drinks from a gourd, during a Cinco de Mayo celebration, in Mexico City.

Mexico Cinco de Mayo | Photo: AP/Marco Ugarte
People take part in a reenactment of the Battle of Puebla during a Cinco de Mayo 

celebration, in Mexico City.

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Latest IssueVoices From Dharamshala

INDIA

Beyond The Binary: Time To Unshackle Love

The notion that recognising same-sex marriage will ‘ruin’ Indian culture is a narrow interpretation of a complex and dynamic cultural entity. Culture is not a stagnant pool but a flowing river, continually evolving and adapting, enriched by new experiences and perspectives.

The Supreme Court of India is currently hearing petitions seeking legal recognition of same-sex marriages Getty Images

Shamim Zakaria

UPDATED: 30 APR 2023 

Lately, my Twitter feed has been my constant companion as India's Supreme Court deliberates on the recognition of same-sex marriage through daily hearings. The nation now stands at a critical juncture and at the heart of this lies the potential for the nation to redefine its cultural identity and to fully embrace the beauty and universality of love in all its forms.

As I pore over the comments and deliberations of the judges, I am filled with a sense of hope, mingled with moments of despair and mixed emotions. However, my optimism is quickly eroded when I encounter the vitriolic rhetoric of certain policymakers, who are quick to condemn the recognition of same-sex marriage as an affront to Indian culture.

But let us pause and consider this notion of culture. If a so-called cultural identity is built upon a foundation of homophobia and intolerance towards diversity, then how can it be truly called culture? Surely, a culture that rejects and marginalises its own citizens based on their sexual orientation cannot lay claim to any true cultural significance. Rather, such a culture is nothing but a false and uncivilized construct that must be confronted and dismantled!

Thus, the Court’s decision represents an opportunity to shed the vestiges of homophobia and build a more inclusive society, allowing us to finally break free from the shackles of prejudice.

In an India often draped in the vibrant colours of diversity, it is paradoxical that the spectrum of love remains confined to the binary. Yet, today, India stands on the precipice of change. It has the chance to acknowledge and respect the multifaceted nature of love, to disperse the lingering shadows of homophobia, and, in the process, to reimagine its own image in the global arena.

The argument against same-sex marriage often finds its roots in the assertion that homosexuality is against Indian culture. This stance, however, overlooks the rich tapestry of India’s historical and cultural narrative. It is crucial to remember that Indian culture is neither monolithic nor static. It is a living, breathing entity that has evolved over millennia, adapting to changes and embracing new ideas.

The ancient scriptures and art of India do not shy away from portraying a variety of sexual orientations, gender identities, and expressions of love. The Kama Sutra, an age-old treatise on love and sexuality, and the carvings on Khajuraho temples, stand as testaments to the acceptance of sexual diversity in ancient India.

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Latest IssueVoices From Dharamshala

The discourse around same-sex marriage is often centered on concepts of ‘us’ and ‘them’, creating an unnecessary divide. Yet, the reality remains that there is no ‘them’, there are only ‘us’ — people in all their diversity seeking love and acceptance. By embracing same-sex marriage, we acknowledge this unity in diversity, echoing the spirit of India's ancient philosophy of vasudhaiva kutumbakam, meaning the world is one family.

The notion that recognising same-sex marriage will ‘ruin’ Indian culture is a narrow interpretation of a complex and dynamic cultural entity. Culture is not a stagnant pool but a flowing river, continually evolving and adapting, enriched by new experiences and perspectives. Embracing same-sex marriage will not erode the foundations of Indian culture; rather, it will underscore its resilience, its capacity to evolve, and its inherent pluralism.

Moreover, this change does not demand the abandonment of values, but rather their re-evaluation in the light of empathy and understanding. The core values of family, unity, and respect that Indian culture holds dear are not exclusive to heterosexual unions. They are universal, just as love is universal. Recognising same-sex marriage will only broaden the scope of these cherished values, nurturing a more inclusive society.

As India stands on the brink of this monumental decision, the onus falls upon the Supreme Court to reflect the tenets of justice, equality, and dignity enshrined in the Indian Constitution. 

Recognising same-sex marriage is not a matter of discarding tradition but of upholding the fundamental rights of every citizen. The Court has a chance to reaffirm the nation's commitment to diversity and to send a powerful message to the world that India, in all its rich cultural heritage, recognises and respects the universality of love. And in doing so, India will not only preserve its culture but also enrich it, creating a more inclusive, accepting, and vibrant society.

The question before the Supreme Court is not just about law. It is about love. And love, in all its forms, in all its colours, and in all its diversity, demands recognition. The opportunity to seize this moment of change is here. The Supreme Court must not miss. 

Let us no longer be held back by outdated beliefs and prejudices, but instead forge a new path towards inclusivity and acceptance. The recognition of same-sex marriage is a crucial step in this journey, and one that we must take with courage and conviction.

(Shamim Zakaria is a journalist, writer, and commentator, currently based in Beijing. Views expressed are personal to the author.)

India's Queers Have Right To Reimagine Marriage

Considering queer marriage as an elitist concept is itself elitism, denying working-class queer individuals their right to full citizenship.

\

At the Frontlines: Urmila and Leela featured in The Times of India (Bombay),1988 Courtesy: Arvind Narrain Collection, Qamra Archival Project at NLSIU

Siddarth S Ganesh
UPDATED: 01 MAY 2023 

“My Lords, may I say that that was the most nerve wracking lunch of my life,” said Senior Advocate Menaka Guruswamy, beginning to address the Constitutional Bench in the afternoon on April 25.

I was one of thousands of people across India watching the Supreme Court of India (SC) livestream the Marriage Equality petitions’ hearings on YouTube. But it felt like more than just ‘watching.’ The hearings are being broadcast as a Webex meeting. Driven to necessity by the COVID-19 pandemic, we have used online meeting spaces to love, grieve, agitate and organise. The familiarity of the format invites you in, the proceedings morph into the internet table we are all sitting at, the gravity of the machinery of democracy tugs at you, the people mill about.

Having worked to catalogue and preserve the courtroom documents of the litigation against Section 377 of the Indian Penal Code (Sec 377 IPC), I am thrilled at being able to access oral arguments in the SC without physically being in Court 1. Adv. Guruswamy explained her lunch time nerves, “How do I sum up a conversation that, perhaps, Mr Kripal, Ms Katju and I have contemplated having in this Court for many decades of our life?” Humanising history is part of my work as an archivist.

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Latest IssueVoices From Dharamshala

Understanding The Supreme Court's Anxieties Over Marriage Laws

This access inspires new ways of interpreting queer history and maintaining legal memory. Video cameras and photography being prohibited on court premises before, stories of Adv. Shyam Divan’s impassioned oration during Naz hearings in the Delhi High Court are recounted as cherished memories by those who were present. Today, we get to witness for ourselves the different advocates, bodies wrung by emotion as they speak to the Justices. One is reminded that bodies, especially queer bodies, are tied to the law.

On 18 April, day 1 of the court hearings, in a repartée between CJI DY Chandrachud and Solicitor General Tushar Mehta (representing the Indian government), the CJI remarked that the notion of a biological man or woman was not absolute and that “it’s not just a question of what your genitals are.” To which, Mehta insisted that it was indeed a question of one’s genitals, whereby a man would mean a “biological man” only, limiting in his interpretation the legal definition of marriage to be exclusively between “biological men” and “biological women.”

At the Frontlines: A ‘Justice for Chandini‘ rally in Bengaluru, 2002

Courtesy: T Jayashree Audio-visual Collection, Qamra Archival Project at NLSIU

The absence of legal recognition of same-sex marriage in India has, however, never impeded homosexuals from marrying. Urmila and Leela, two police constables in Madhya Pradesh married each other in a simple temple ceremony in 1987, the following year they were both fired from their posts when their superintendent discovered that they were married. Female-born queer individuals in Gujarat have appropriated the Maitri Karar (a traditional, now illegal, contract system in Gujarat between a married man and his unmarried mistress) to create legal protection for their domestic relationships. Amongst the transgender communities, hijras have married their pantis (partners) in traditional ceremonies.

In a continuum with pre-existing queer marriage practices and cultures, 20 petitions have been filed which are collectively being called by some as the ‘Same-sex Marriage’ petitions. Amongst these, the efforts of petitioners Akkai Padmashali and Uma, represented by Senior Advocate Jayna Kothari, broaden the scope of the proposed change in the law to include marriage for all, unrestricted to same-sex couples.

The distinctions here are between that of sex and gender, and between sexual orientation and gender identities. A same-sex marriage provision, by recognising marriages between individuals of the same sex confers the right to marry only to homosexual couples, leaving transgender, intersex and agender people without the same right. As I’m writing this, Adv. Kothari is moving the court to read in to the Special Marriage Act, that: “All references to male or female be read to be referred to as ‘persons’ and all references to husband or wife be referred to as ‘spouses’—to include all persons irrespective of their gender and sexual orientations.”
Today, We Get To Witness The Different Advocates, Bodies Wrung By Emotion As They Speak To The Justices. One Is Reminded That Bodies, Especially Queer Bodies, Are Tied To The Law.

Mimicking the movement towards a fluid understanding of gender, the role played by the sex of the person in reproduction might no longer be static either. This February, a transman gave birth to a child in Kerala. Two advancements in reproductive technology contest the assumption that only a biological man and a biological woman can produce offspring together: In-vitro Mitochondrial Donation produces children who inherit genetic material from three parents, and the still in development technique of In-vitro Gametogenesis reprograms cells from adults to become stem cells, which are then turned into egg and sperm cells to create embryos. These procedures have the power to radically re-envision human reproduction, precipitating legal reforms along lines similar to that we are discussing.

Away from the gleaming walls of a futuristic fertility clinic, in an affidavit filed before the Constitutional Bench, the Indian government termed same-sex marriage an “urban elitist concept,” urging the SC to abstain from conferring marriage equality. Voices from across the queer spectrum are uniting to demand a legal provision for marriage not for the self-flagellating pleasure of joining a cis-hetero-savarna-patriarchal institution but—to borrow Adv. Guruswamy’s term—for the ‘bouquet of rights’ one can access through marriage: adoption, inheritance, maternity leave, taxes, joint bank accounts, insurance coverage, pensions, provident fund etc. These civil rights create the framework fundamental to living a life of dignity and respect, that which Navtej recognises as an inalienable right of every queer individual. Considering queer marriage, and by extension these rights, as elitist concepts is itself elitism masquerading as class consciousness, denying working class queer individuals their right to full citizenship.

But what about queer couples who do not wish to institutionalise their relationships as marriage? People in polyamorous relationships? These concerns are not within the ambit of the present hearings, yet scope out terrain to be covered in the future.

This begs an even simpler question: why marriage? Why prioritise marriage as the core of the familial unit? Us queers have two familial structures—biological (the one we’re born into) and chosen. The biological family is created by marriage while the chosen one is built on kinship honed over years. People in queer chosen families do not necessarily think of each other as ‘mother,’ ‘daughter,’ ‘son,’ or ‘father,’ forging relationships which reflect the nature of the bond between members instead of mimicking a natal connection. Which frameworks enable members of such a family to avail the civil rights being argued for queer families started by espousal relationships?

Within queer marriages or in other relationship formats, we have to address the issue of intimate partner violence. In December 2002, Chandini, a hijra from Bengaluru, was murdered by her partner. Protesting against the police who refused to accept it as a case of murder, the transgender community led the city’s first public rally for queer rights on 8 December, calling for justice for Chandini and the reading down of Sec 377 IPC. Chandini’s murder changed the queer politics of the city, and warns us about protecting ourselves from abusive loved ones. Albeit articulating our demand to marry, we need to reflect upon systemic safeguards to protect queers from intimate partner violence notwithstanding their marital status.
Considering Queer Marriage As An Elitist Concept Is Itself Elitism, Denying Working Class Queer Individuals Their Right To Full Citizenship.

Earlier today (day 4 of the hearings), Adv. Kothari referred to the Yogyakarta Principles, a document on the application of human rights law in relation to sexual orientation, gender identities and HIV status. The queer movement began in India through HIV/AIDS activism, with the first argument for reading down Sec 377 being made on the grounds that it was hampering AIDS prevention efforts. At a time when HIV seems to have disappeared from public health memory, it is worth remembering that in the 2000s, it was contending with marriage as well. An example of this is, in 2006, the Goa government announced that it intended to amend the Goa Public Health Act to require couples registering for marriage to undergo compulsory HIV tests. While this was a bid towards curbing HIV transmission from infected men to their wives, it would have additionally pathologised queer people living with HIV/AIDS, stigmatising queer relationships and propagating serophobia. Queer individuals have had a complex relationship with the institution of marriage—contextualising it today with previous attempts at restricting queer marriage allows us to remember past discussions that remain relevant yet have been forgotten.

While Adv. Guruswamy was presenting her closing remarks for today, “How far and no further?” asked Justice Hima Kohli. The discussion was about whether it would be sufficient to stop at amending the Special Marriage Act or if further litigation would have to be done in Personal Law to accommodate both secular and religious forms of marriage and the civil rights contained therein.

My Lady, My Lords, my reply is this: we litigate everyday concerning the inheritance, medical insurance, custody rights, alimony, and domestic violence of heterosexual couples. It was in such a case, in August 2022, that a bench of Justices DY Chandrachud and AS Bopanna recognised that familial relationships may take the form of queer relationships. When we go as far as needed for heterosexual couples, why are we defining a point beyond which queer individuals do not deserve litigation?

As someone who initially wondered why we were focussing on queer marriage when we have so many more compelling concerns, watching the hearings has led me to introspect—I personally might never want to marry, but the right to marry is for the many queer communities who are still living life as second-class citizens. It is our right to choose to and be able to marry the person of our choice. A legal right that is being denied to us queer individuals. That is discrimination.

(Views expressed are personal)

(This appeared in the print as 'How Far and No Further')

Siddarth S Ganesh is a programme coordinator at Qamra Archival Project at NLSIU, Bengaluru

CRIMINAL CAPITALI$M

UK

TSB says Meta’s Facebook, WhatsApp, and Instagram drive 80% of fraud


Vicky Shaw and Alys Key
Fri, 5 May 2023 

Mark Zuckerberg owns Meta (Kenzo Tribouillard / AFP via Getty Images)

Fraudsters are using sites in Mark Zuckerberg’s social media empire to target “innocent” users, a major UK bank has warned.

TSB said its own data showed that eight in every 10 instances of the most common scams originate on services such as Facebook, WhatsApp, and Instagram.

The bank identified purchase fraud, impersonation, and sham investments as the biggest categories of scams it monitors. Some 80 per cent of these types of scams take place on Meta-owned platforms.

TSB analysed its customer fraud data from January 2021 to December 2022 to make the findings. The data relates to cases where the platform has been recorded.

Different platforms are more prone to certain types of scam. In 65 per cent of impersonation scams, such as the infamous “hi mum” text, fraudsters are using Whatsapp, TSB said. Investment scams, meanwhile, are most likely to originate on Instagram, where 59 per cent of instances take place, followed by Facebook with 22 per cent.

TSB fraud experts are urging people to watch out for unsolicited messages claiming to be from family or close friends. They advise contacting the person directly, if possible, before ever sending a payment.

They are also urging potential investors to stick to recognised investment platforms and to steer clear of social media “get-rich-quick” schemes.

TSB launched its own fraud refund guarantee in 2019 and it said 97 per cent of fraud cases it sees are reimbursed through this.

The guarantee covers customers who are innocent victims of fraud on their TSB accounts. Under the guarantee, customers are not reimbursed if, for example, they are found to have been involved in the fraud themselves or deemed to have abused the guarantee.

Paul Davis, director of fraud prevention at TSB, said: “Social media companies must urgently clean up their platforms to protect the countless innocent people who use their services every day.

“In the meantime, we are urging the public to remain cautious to potential scam content — and to spread the word to help protect those around you.

Social media companies must urgently clean up their platforms to protect the countless innocent people who use their services every day
Paul Davis, TSB

“It’s high time that social media and telephone companies took financial liability for the rising levels of fraud taking place on their platforms.

“Our fraud refund guarantee continues to play a vital, often life-changing role in returning money to innocent victims of fraud, who fall foul due to vulnerabilities in other sectors.”

Meta is working with Stop Scams UK to help victims and remove scams at the source.

It recently launched Stop. Think. Call., a scams awareness campaign by WhatsApp and the National Trading Standards’ Friends Against Scams campaign, with support from Citizens’ Advice.

It also recently rolled out a new process requiring financial services advertisers targeting users in the UK to be authorised by the Financial Conduct Authority.

We don't want anyone to fall victim to these criminals, which is why our platforms have systems to block scams, financial services advertisers now have to be FCA-authorised, and we run consumer-awareness campaigns on how to spot fraudulent behaviour

Meta spokesperson

A Meta spokesperson said: “This is an industry-wide issue and scammers are using increasingly sophisticated methods to defraud people in a range of ways including email, SMS, and offline.

“We don’t want anyone to fall victim to these criminals, which is why our platforms have systems to block scams, financial services advertisers now have to be FCA-authorised, and we run consumer-awareness campaigns on how to spot fraudulent behaviour.

“People can also report this content in a few simple clicks and we work with the police to support their investigations.”

Earlier this week, the Government unveiled a new fraud strategy, which will include banning cold calls on financial products, such as those relating to insurance or sham cryptocurrency schemes.

It also plans to work with Ofcom to use new technology to further clamp down on number “spoofing”, so fraudsters cannot impersonate legitimate UK phone numbers.

Under the plans, banks will also be allowed to delay payments from being processed for longer to allow for suspect payments to be investigated.

The Government said it will also ban other devices or methods commonly harnessed by scammers to reach thousands of people at once — such as so-called “sim farms” — and review the use of mass-texting services to keep these technologies out of the hands of criminals.

Rocio Concha, director of policy and advocacy at consumer group Which?, said: “The Online Safety Bill has been going through Parliament for more than a year and progress has been much too slow, with people still being scammed every day.”

UK

Domino’s turns to collection to avoid the hit of delivery driver pay rises


Daniel O'Boyle
Thu, 4 May 2023 

Domino’s UK said more customers are using its app than its other online order services 

(Domino’s/PA) (PA Media)

Pizza chain Domino’s said it would focus more on collections so it can limit the impact of rising delivery driver pay on its bottom line.

Sales for the three months to 26 March grew to a record £386.6m. However, the 10.7% rise in sales, before the impact of lastr year’s hike in VAT, was well below food inflation. According to the ONS, a basket of flour, tomatoes, cheese and sliced meat was 31% more expensive this March than it was a year earlier.

Collection orders grew much more quickly. This, the company said, helped it avoid rising labour costs by ‘outsourcing’ work to customers.

“Collection represents the most efficient labour channel, with delivery effectively outsourced to the customer,” Domino’s said. “This is particularly important in an environment where there are pressures on labour availability and wage inflation.”

While it took a larger slice of the UK takeaway market in Q1, the company said the sector as a whole was “challenging”.

Interim CEO Elias Diaz Sese said: “Whilst this year has started well for Domino’s, there continues to be uncertainty in the economic environment with household budgets likely to remain under increasing pressure.

“However, we continue to be excited about the many opportunities we see for Domino's in 2023 and beyond as we continue to work towards our purpose of delivering a better future through food people love.

"We are well placed to succeed as we accelerate the execution of our strategy. We are focused on improving our franchise partners' profitability and we have made good progress in investing in the business and driving operational efficiencies.”

Domino’s added that sales were up 10.9% so far in the second quarter of the year.

Shares were up 5.4p to 307.2p as the company announced a £20 million share buyback. Analysts at Peel Hunt said Domino’s could give back £330 million in the next three years and still cut its debts.

CRIMINAL CAPITALI$M
Britain's scandal-hit tech champion to lay off 30pc of staff

Gareth Corfield
Thu, 4 May 2023

The Wandisco logo is seen on an LED screen in the background while a silhouetted person uses a smartphone - Alamy Stock Photo

Wandisco is to lay off a third of its staff as the Financial Conduct Authority (FCA) continues an investigation into alleged fraud at the British tech champion.

The company announced on Thursday that 30pc of employees will leave as part of a fresh cost-cutting drive.

Ken Lever, the former Biffa boss who is now Wandisco’s executive chairman, said: “Regrettably, the proposed action is a necessary step to responsibly position Wandisco for long term growth.”


The data replication company suspended its shares from trading on the Aim junior market in March after revealing a suspected $15m (£12.6m) accounting fraud.

An internal investigation found that $15m of revenues and $115m of sales the firm had reported were completely invented. Wandisco blamed the “potentially fraudulent irregularities” on “one senior sales employee”.

Forensic accountants from FRP Advisory are now combing through the Sheffield-based firm’s books, while the FCA opened an investigation into Wandisco in April.

Immediately before the share suspension Wandisco founder and chief executive David Richards suggested he was pursuing a dual UK-US listing for the £880m company.

Megabuyte analyst Tom Kennedy speculated in a client note that the headcount cuts could give the company a lifeline “until early 2024”, highlighting “its long history of very heavy cash burn.”.

“As we've previously noted, there are few, if any, capital raising routes left for Wandisco,” he added. “Shares are still suspended and investors will feel burned anyway.”

The company had $19m (£15.1m) in the bank at the end of last year. It introduced a four-day working week in February 2022.

Analyst firm Edison withdrew its coverage of Wandisco when the suspected fraud was first revealed, saying at the time: “Due to the nature of the ongoing investigations, we have not been able to speak to the company since the announcement.”

Prior to uncovering the accounting irregularities, Wandisco was a fast-growing software company worth almost £1bn.

Its business consists of helping companies move very large quantities of business data into the cloud, a process that is usually risky.

In January, the company said revenues had grown 230pc to $24m in 2022. On Thursday it warned that the true figure could be as low as $9m.

Mr Richards, who stepped down in April along with finance chief Erik Miller, declined to comment.

Separately, the finance chief of the most valuable semiconductor company listed on the London Stock Exchange will step down just days after it was forced to delay issuing its final accounts.

Shares in Alphawave IP, which designs tiny parts of microchips, plunged 20pc last week after the Anglo-Canadian company said its auditors KPMG would not be able to provide a final opinion on its accounts in time.

The company has suspended trading of its shares until its delayed accounts are published on or before May 12. The company said the delay was due to added complexities after it undertook a series of mergers.

Daniel Aharoni, the company's chief financial officer, will leave the company after the final results are revealed.

Christian Bowsher, senior director of finance at Alphawave, will serve as acting finance chief until a successor is found.

John Lofton Holt, Alphawave's executive chairman, said: “Daniel has been a key part of our journey since our IPO in 2021 and during the three transformational acquisitions we undertook in 2022.”

Heathrow operating contingency plans amid security guards strike


Alan Jones, PA Industrial Correspondent
Thu, 4 May 2023 

Heathrow said the airport is operating as usual on Thursday despite a strike by security guards.

Members of the Unite union walked out in the first of a series of stoppages after talks over a pay dispute broke down on Wednesday evening.

Heathrow said its contingency plans are working well and no flights have been cancelled as a result of the industrial action.\

A Heathrow spokesman said: “Passengers can be reassured that they will travel as normal. This is an important time for the country, and we will not let these unnecessary strikes disrupt journeys.

“We have activated our contingency plans and deployed 750 additional colleagues and the entire management team who will be on hand in the terminals providing assistance to passengers.

“The majority of colleagues do not support strike action. Colleagues could have an inflation-matching pay increase for two years – 10% this year and a CPI-linked increase in 2024, as well as a £1,150 lump sum, but instead they’re left empty-handed by Unite’s refusal to allow members to vote on the offer.”

Unite regional co-ordinating officer Wayne King said: “Unite has given Heathrow Airport every opportunity to make an improved pay offer, which could have led to the strike action being suspended.

“Sadly, they refused to grasp the opportunity to make an offer which could meet members’ expectations.”