Massive corruption in MP
December 9, 2011 9:12 pm
On December 7, the Lokayukta Special Police Establishment raided the residence of Ujjain Municipal Corporation store keeper, Narendra Deshmukh, 50, who started as a peon in 1978-79 on a salary of Rs 150 in and and recovered assets worth Rs 12 crore. His total salary of last 30 years would not have exceeded Rs. 15 lakhs
The raid revealed that Narendra Deshmukh’s present assets consist of two bungalows in Ujjain, apart from land there and in Maharashtra’s Jalgaon, investment in a hotel in Gurgoan, 3 expensive cars,4 two-wheelers, several computers, LCDs, expensive furniture, apart from cash (over 3 crores) and jewellery.
Shocking! Puzzling! No?
It may not be so very shocking for the people of Madhya Pradesh who know that corruption is rampant in the state.They have got used to this sort of raids and recoveries. Any number of cases can be cited in this regard.
That aside,a question that arises is:
Were those at the helms in the Ujjain Municipal Corporation sleeping all these years when this man was looting with both his hands. Some reports suggest that a number of charges were pending against him but owing to the protection afforded by some of his superiors, the man not only continued to survive but also thrived by leaps and bounds.
Recovery of assets of Rs. 12 crores testify to this incontrovetible impression.
A peon could not have collected these assets all on his won. His superiors must be familiar with his wayward ways. Why did they keep quiet? Were they mixed up?
When a case is registered against a corrupt offical, why are the departmental proceedings not started against all those above him who either connive with him and protect him against penal action.? Narendra Deshmukh’s case suggests the need for a very strong action against his immediate superiors.
A time bound inquiry should be started against Narendra Deshmukh’s supervisory officers without any loss of time lest given the time, they succeed in shifting their ill-gotten wealth to safe havens.If they are found mixed up, disciplinary proceedings/criminal cases should be initiated against them, if for nothing else, for various acts of omissions and commissions that left the field free for Narendra Deshmukh to amass wealth through unfair means?
If the Ujjain Municipal Corporation doesn’t swiftly move in the matter, hopefully, the government of Madhya Pradesh or the Lokayukt will put all guilty of connivance on the mat and soon
This is, by no means a solitary case of corruption in Madhya Pradesh.. It is only a tip of the corruption iceberg that swamps the state of Madhya Pradesh. The Lokayukt Special Police Establishment, Ujjain has been an activist unit of the Lokayukt establishment. It has unearthed quite a few cases of disproportionate assets in the past too though there is no knowing what action the government of Madhya Pradesh took to stem the massive rot..
MP is a BJP ruled state. BJP’s tallest leader, Shri L.K. Advani recently took out a “Jan Chetna Yatra” against “Bhrashtrachar” What has the government to say on this issue? What has the government to say about the massive corruption prevailing in each and every department of the government.
Currently illegal mining and illegal usurpation of government land by land mafia are the hot issues.
The ealier the government understands why Anna’s crusade touches the chord in every citizen’s heart and taken the country by storm the better.. It can’t get away here by blaming the Centre for the corruption prevailing here. It is its constitutional responsibility to check corruption in the state.. Presently, all that one know is that the government of Madhya Pradesh exults in denial.
RJ Khurana, Bhopal
Saturday, December 31, 2011
State-patronized corruption and poverty in Madhya Pradesh
State-patronized corruption and poverty in Madhya Pradesh
Rolly Shivhare & Sachin Kumar Jain, Vikas Samvad Advocacy Resource Organisation, Bhopal, India
India is now known as one of the fastest growing economies in the world, but in Madhya Pradesh, one of its biggest states, the number of malnourished children has gone up from 53.55 to 60 per cent, while the number of anemic women has gone up from 47 to 57 per cent. The state also has one of the highest infant mortality rates in the world. Furthermore, definitions and calculations of poverty are fabricated and are not designed honestly to provide protection to the most marginalized, but are used to cut down the state’s responsibilities towards deprived sections, and use state resources more and more for the benefit of the corporate sector and capitalist political ideologies.
In warfare, one section of the army tries to de-link the food supply to its enemy, believing that due to non-availability of food soldiers will not be able to fight and will lose the battle. At present people in Madhya Pradesh are kept hungry so that they are not in a position to fight for their socio-economic and political rights. In such a situation, struggle groups divert their actions from larger issues to small ones, like the public distribution system, old-age pension, or small scheme-based benefits.
Combating malnutrition in Madhya Pradesh: A policy illusion
We have been raising the issues of malnutrition and related deaths in Rewa district of Madhya Pradesh. This district is located in the Baghelkhand socio-cultural region of Madhya Pradesh, where feudalism is an integral part of the social structure. When the issue of child malnutrition was raised through human development and human rights networks (Right to Food Campaign, Madhya Pradesh Lok Sangarsh Saajha Manch), mainstream media and the Asian Human Right Commission’s (AHRC) Hunger Alert programme, local authorities and state and central governments were asked to look into the matter urgently.
The higher authorities did not bother to check the critical situation themselves and left it to the local system (which was already brushing it under the carpet with fake data). In such a situation grassroots organizations (like Adiwasi Adhikaar Manch, Samaj Chetna Adhikar Manch) went into an intensive data-collection process. It has been very difficult to establish the fact that certain deaths are caused by malnutrition, so civil society has followed a strategy of establishing malnutrition deaths by using circumstantial evidence—shrinking livelihood opportunities, denial of access to natural resources without alternative arrangements, social exclusion, failure of state welfare or food programs, and evidence of rampant corruption.
Later a team of government officials visited only the villages as reported in the print media. They did not even make efforts to see the condition of the surrounding villages. What they did in the villages that they visited was to reweigh the children (to re-identify the grades and levels of malnutrition). The state machinery put the small kids on the corner of the Salter scale plate to show higher weights. Once their upper side weight got registered, they were pushed out of the list of Severe Acute Malnutrition and nothing was done to fix the conditions. Their only purpose was to undermine the reports of critical malnutrition and related deaths, mostly among tribal people and dalits.
The incident is not secluded. It is often repeated to play down the problem of severe acute malnutrition in Madhya Pradesh. The state government says that 39,000 children have been identified as severely malnourished, but on the other hand the National Family Health Survey (NFHS-III) has come out with a conclusion that around 1.3 million children under the age of six are severely malnourished. This difference is due to the callous attitude of state functionaries. A complaint regarding the official figure was lodged at all levels of the state system with evidence from various studies undertaken by civil society organizations, but there was no action or reaction from state institutions. They acted only in a denial mode, which is a very common and planned strategy. State institutions willfully abjure their accountability and fail to tackle the situation.
Recently the Right to Food Campaign-Madhya Pradesh Support Group undertook field surveys on food rights and found that children are getting supplementary nutrition under the Integrated Child Development Scheme (ICDS) only for a period of 75 to 100 days, against their entitlement of 300 days in a year. Since Anganwadi workers are working at the village level to execute the ICDS programme, the general perception of common people is that these workers are siphoning off ICDS food. Thousands of Anganwadi workers are viewed as corrupt, but people have failed to analyze the problem. When we made a detailed study of the provision we found that out of 13 billion rupees allocated every year to provide supplementary nutrition to all defined beneficiaries (children under the age of 6 years, pregnant and lactating women, and adolescent girls), only two to three billion rupees on average had been disbursed by state and central governments to cover all beneficiaries. Thus, there is deliberate denial of the food rights of children and women. Such policies have an adverse impact on the overall performance of the programme and on the frontline workers, the Anganwadi workers who are also victims of the irresponsive and callous state machinery.
From loopholes to black holes in the grain basket
For the last nine years the Supreme Court and civil society have been trying to ensure that central and state governments in India perform their constitutional roles to deal with hunger and famine. The Public Distribution System (PDS) is a key programme to provide subsidized rations to poor and vulnerable people. However, the government at both levels has failed to provide basic entitlements to people under the PDS.
In the past two-and-a-half years the rations available through the PDS have assumed great significance for the 65 per cent (6.7 million identified by the state government) families living below the poverty line due to insecurity of livelihood, various deprivations and skyrocketing prices of basic items. But in this crucial period the state government, under pressure from free market fundamentalists, has not only reduced the quantity of grain available under the PDS but has also failed to take any solid steps to improve the system and to ensure that the exact quantities of rations reach the right people.
A ration-card holder, Rajjibai Ahirwar of Bagmau Panchayat in Chhatarpur district, contends that roti made out of red flour from red wheat becomes rock hard on getting cold and tastes like fodder. The quality of wheat has degraded to such an extent that even animals refuse to eat it. But poor families are forced to eat it under abject poverty and food insecurity. This is because in ration shops of Madhya Pradesh extremely poor quality wheat, which is harmful to health and has been imported from Australia and other countries, is being distributed to families living below poverty level.
In the absence of an adequate support system, people are forced to buy poor quality rations that have adverse heath impacts. Health complications, including stomachaches and stomach upsets, have been reported regularly by beneficiaries. Many of them have used this wheat as seed in their agricultural fields and the local variety of wheat seed is gradually vanishing. People who have used such imported wheat as seed have failed even to get back their investment. Yet when 300 tribal people of the tribal-dominated Kesla block in Hoshangabad district went to meet the state chief minister to ventilate their grievances with wheat samples, they were arrested. And this was on a day when the chief minister was inaugurating a special plan at Kesla to eradicate malnutrition.
A survey of the present situation in Madhya Pradesh showed that the state government should distribute 35 kilos of rations per family to 5.1 million families. Thus the state should provide 2,142,000 metric tonnes of grain under the PDS. But the central government has estimated that there are only 2,487,000 families in the state below the poverty line. As per this estimate the food ministry of the government of India is providing only 1,068,216 metric tonnes of grain. This means that 2,613,000 families in the state are either being totally deprived of the benefit of the scheme or the rations meant for about 2.5 million families are being stretched and distributed to 5.1 million. After corruption, only about 450,000 metric tonnes of grain are reaching the beneficiaries.
The Planning Commission of India in its report on the performance of the PDS system clearly stated that Madhya Pradesh is amongst those states where 50 to 75 per cent of grain is being sacrificed at the altar of corruption, i.e. each of the 5.1 million beneficiaries is getting on average just 15-25 kilos of rations, with great difficulty. Similar to the Anganwadi workers, the PDS dealers—who through cooperative societies implement the PDS system—are again considered to be the main culprits, but actually they are not. It is true that they are an important part in the corruption chain, but they are certainly not the central component.
Apart from the PDS dealers, the Department of Food and Civil Supplies and the state government are supposed to ensure the quality of wheat under the PDS and also monitor its effective implementation. But for more than a year-and-a-half the rations provided have never been checked for quality. When the Maharashtra Government got 265 samples of these grains checked at the Konkan Bhavan Public Health Laboratory (Navi Mumbai), they found that 229 samples were unfit for human consumption!
The large-scale corruption in PDS is clearly a violation of human rights. On World Food Day 2009, the National Human Rights Commission took the initiative to address the issue and advocated for active vigilance committees to fight against hunger and famine. This kind of proactive step is required to ensure effective implementation of the programme and also to improve the system.
The extent of malnutrition, hunger and starvation in Madhya Pradesh speaks volumes to the ineffectiveness and inefficiency of state delivery mechanisms on food rights. People do not die overnight due to starvation or hunger but they do over time due to deprivation and food insecurity. The government finds it easy to escape from its responsibility and accountability. The situation of food insecurity is extremely grim and is directly responsible for the riots at ration shops of West Bengal, and the Sindhi and Shivpuri districts of Madhya Pradesh. The state and central governments should act, if not on moral grounds, at least on political grounds, as food rights may well be the next electoral issue.
Guarantee of employment but not of wages
In Madhya Pradesh, the number of marginal workers is 6.6 million and that of small farmers is 3.7 million. Thus 10 million families are basically dependent on labouring work for their incomes. At present, about 94 per cent of workers are earning their livelihoods in the unorganized sector, where they are subjected to widespread exploitation. However, implementation of the National Rural Employment Guarantee Scheme (NREGS), which ensures 100-days employment per year, raised the hopes of working people to meet their basic needs by earning minimum wages. In the state, rates of minimum wages for agricultural workers are fixed as per the Consumer Price Index and accordingly the present minimum basic wages are fixed at 91 rupees per day/person. Is this amount sufficient to meet bare amenities, especially in the context of the present price index? Wages have been increased by three per cent every year, while the inflation rate in India has been registered at more than six percent in the last two years.
The Minimum Wages Act, 1948 is based on article 43 of the Constitution of India, which provides for the fixing of minimum wages for workers that are sufficient for them to lead a respectable social life. In reality, the act in no manner acts to fix minimum wages that are sufficient to meet the food requirements of a worker and family members. It merely favours minimum wages that meet the needs of 2700 calories of food per person, 72 yards of cloth for the family, and shelter needs. In addition, for home lighting and cooking fuel an amount equivalent to 20 per cent of minimum wages is also fixed as part of wages. The Supreme Court of India, in one of its historical judgments in 1991, also directed that for meeting the educational needs of children, health facilities and other social requirements, an amount equivalent to 25 per cent of minimum wages had to be added.
However, the state government of Madhya Pradesh has constantly ignored these constitutional and legal provisions as well as directions of the Supreme Court in fixing minimum wages at 91 rupees per day. Thus, in a family of five members the share of each comes to 18.05 rupees per day, i.e. nine rupees per meal. On the other hand, to meet the requirement even of the Minimum Wages Act for 2700 calories of food per person now requires an expenditure of 31 rupees per day per person, and for meeting the clothing, education and health needs, an additional 19 rupees per day per person. As against the required minimum wages of 250 rupees per day for a family of five (31 + 19 = 50 x 5) the government is paying only 91 rupees.
In Majhera village of Shivpuri district of Madhya Pradesh the stone mines were closed down on account of heavy losses due to illegal mining, and there are no effective alternatives to employment here. Now with the implementation of the NREGS, scope for alternative employment has been created. People demanded 25 days of work and got it. But they stopped working under NREGS just after two days because the amount of minimum wages as compared to the extremely taxing physical work was not sufficient. It was also too meager to feed their families and meet other basic needs like health, education, clothing, etc. This is not only the case of Majhera village but also of scores of others where people are attempting to meet their basic needs by working for minimum wages. The rate of minimum wages fixed in Madhya Pradesh is not adequate for two square meals a day, let alone the needs of health, education and shelter.
The need of the hour is not only to increase the basic rates of minimum wages, but also to change the basic approach towards the whole issue. The rates of wages are fixed as per the Schedule of Rates (SoR) for respective works. In Madhya Pradesh, digging of 100 cubic feet on leveled surface is the minimum target, while on hard surface or murrum, it is 64 cubic feet, and minimum wages are to be paid only upon completing this targeted measurement (task basis). However, while linking SoR with minimum wages, it has been overlooked that SoRs are applied where the construction work, under various government schemes, is executed through contractors, where the prime objective is only to get the work completed, not to ensure employment or to provide relief against poverty to the workers.
While fixing the SoR, the government has completely overlooked varying geographical and regional conditions. For example, digging soft soil in Hoshangabad district and hard and semi-hard surfaces in Badwani districts are two different tasks. The government has fixed similar labour standards in both the places, irrespective of their geographical conditions.
A task rate study (known as a time and motion study) is essential to decide minimum wages in India. The government of Madhya Pradesh has not carried out an authorized study on task rates that will actually decide the amount of work that can be done by a nutritionally secure or insecure person in different conditions and circumstances. But armchair technocrats keep on deciding the tasks for poor laborers every six months, based on their own assumptions. The poor have to pay a heavy price because they have to complete tasks that are not at all realistic for them.
The Sahariya community, a tribal group, is one of the poorest and most nutritionally insecure communities in the world, but if they want to come out of chronic hunger through the National Rural Employment Guarantee Act (NREGA), 2005 they have to comply with the standards set down by the state. The majority of the community is weak and undernourished but they are asked to work 100 cubic feet for the minimum wages paid. The work is measured on the assigned task work. There are several instances where people have got just 20-30 rupees per day under this task-based work.
The NREGA was enacted to provide employment to needy people and create rural livelihood assets to improve the situation of poverty and unemployment, track distress migration, etc. Government officials in their attempts to show targeted progress of the work apply fixed standards with absolute strictness and resultantly workers are deprived of their full day’s wages. Consequently, their malnutrition, hunger and poverty remain unchanged. In other words, the government is not only aggravating the situation but also perpetuating malnutrition and hunger by depriving people of these minimum wages.
In Dindori, a tribal dominated district of the state, the chief executive officer and sub-engineer (who is responsible for the valuation of work done under the act, after which payments to the laborers are made) in coordination with the Sarpanch (head of Panchayat) and Panchayat (village tract) Secretaries of 10 village Panchayats of Karanjiya block siphoned off funds worth 80 million rupees within three years. It means tribal villagers either did not get their legal entitlement of employment or they were not paid their wages for their hard work. This public fund was allocated for ensuring the proper implementation of the NREGA, so that families could be protected from hunger and starvation. The present picture of the villagers is that they have worked for half a million person days but are still living with hunger and waiting for their rightfully-earned wages.
It is clearly evident from this case that:
1. The district and state administrations are aware about the ill happenings in the villages and block under the NREGA.
2. The NREGS has an advanced system of data collection from village to central government level, where all information is put in the public domain and analyzed by experts on a regular basis. It also has a provision for a regular social audit at the village and Panchayat level every six months, where both physical and financial matters are reviewed in the presence of the community. But in Karanjiya block, the bureaucracy and technocracy did not give any space for this system to work at all.
3. On the basis of such irregularities, a First Information Report was after six months filed with the police against the chief executive officer, sub-engineer, Sarpanch and secretaries. But even if an investigation is initiated, it will take years to come out with its findings, and there is no guarantee that the responsible persons will be punished. Meanwhile, for the workers, six months to three years have passed since the date that they laboured, but they are yet to get their wages!
The NREGS and caste struggle
Hardua Gram Panchayat comes under the Rewa district of Madhya Pradesh. It is part of the Baghelkhand region, which is recognized not only for deep-rooted poverty but also for feudalism and caste-based discrimination. Charmakar and Kola are the dalit and tribal communities residing in Hardua Panchayat, along with Patels, Kurmi and Brahmin who are from the upper castes. Almost all the dalit and adivasi communities residing in the area are landless, and earn their livelihoods either from their caste-specific work or from daily wages. They usually work in the fields of Patels and Kurmis and are paid wages of 20 rupees per day on average.
The NREGA, which was brought into effect on 2 February 2006, created a ray of hope for people wishing to free themselves from their dependency on work upon private land for meager wages. But their wish was not fulfilled, as they were not provided with any work under the NREGS for a long time. Then on 15 September 2007, 341 dalit and tribal workers gathered at the Panchayat office and applied for work, but were not accepted by the upper-caste Sarpanch, Harihar Singh Patel, on some pretext or the other. The truth was that making work available to people under the NREGS would have been self-defeating for the upper castes, which own most of the private cultivatable land, as during the harvest season there would have been a scarcity of labour and people would have also demanded higher wages, at par with the NREGS rates.
However, the educated youth of the villages read posters and pamphlets on the NREGS and started informing workers about the opportunities and provisions of the act. Vikas Samvad, a local NGO, played a key role in spreading awareness and extending support to people in their struggle. The workers again applied for work to the Chief Executive Officer (Block Development Officer) at the Janpad (block level). Following this, the Chief Development Officer ordered the Sarpanch to start the NREGS work at the Panchayat level. With this order renovation work of Shiv Talab (pond) was started.
After working for seven days no wages were paid. Workers made a demand for timely wage payment as per the act. The Sarpanch tried to suppress the demand by verbally declaring that the work had been stopped, but there was no official order pertaining to it. The people, however, were aware that the work would at least be carried out for 14 days at a stretch, as per the law, and could not be stopped mid way. So they continued to work. The struggle for payment of wages continued along with the work. All the workers realized that it would be difficult to fight against the Sarpanch, as to do so is tantamount to challenging the age-old feudal culture. They therefore started discussions and organized meetings at different dalit and tribal villages of Hardua Panchayat to mobilize people.
Seeing the increasing strength of the dalit and tribal communities, the Sarpanch played the trick of divide and rule. He tried to motivate some workers in his favour and asked them to do roadwork in the centre of the Panchayat. The unity of the workers could not be broken and they decided to stick together. They also demanded the recommencement of the Shiv Talab work, as it was the main source for water for all of them.
Meanwhile the workers placed their demand for work and pending wages before the NREGS implementing officers at the Janpad and district levels. No heed was paid to their submissions. The workers of Haradua resorted to a hunger strike at the Simiria Tehsil Office from 28 September 2007. No NGOs or political parties were allowed to play any role in this struggle of dalits and tribal people. It was purely a people’s struggle. The struggling workers formed their own organization, called Hardua Sangharsh Morcha, to fight collectively against the exploitative system. The Right to Food Campaign of Madhya Pradesh also joined its hand with the workers in their cause.
During this struggle, the district administration came up with a new excuse that the Shiv Talab work had been stopped because out of its 6.5-acre area, three acres belonged to a private party and came under another Gram Panchayat. In response to the new revelation, the representatives of the Right to Food Campaign of Madhya Pradesh met the District Collector, D.P. Ahuja, who further complicated the whole matter by saying that a portion of the Shiv Talab belonged to a local advocate, Rajkumar Pandey, therefore the administration could not go ahead with the work. The government documents collected by the volunteers of the right to food campaign, however, suggested that Shiv Talab is a 300-year-old pond and has always been used for public purpose. Although some part of the pond belonged to a private party that party had never made any claims for it.
The workers kept their struggle alive in a completely non-violent and democratic manner by continuing the work in the pond without payment for 60 long days. The determination of the workers saw them through this struggle. Two workers, Sukhwanti and Shivmangal Saket, lost their lives to the cruel hands of death while several families went to bed on empty stomachs on subsequent nights. But the struggle continued. Sachin Jain, a leader of the right to food campaign in the state, said that,
The deaths of Sukhwanti and Shivmangal Saket were clear cases of starvation deaths. The people here are daily wage earners. Non-payment of workers for thirty to forty days of NREGS works forced the people to starvation. In case of private works they would get low payment but would at least get the payment to meet their day-to-day needs. We have submitted memorandums of these starvation death cases to the Chief Minister’s Office, Advisor to the Supreme Court’s Commission on Right to Food and other authorities.
As part of their strategy to mobilize the villagers, the members of the Hardua Sangharsh Morcha formed small groups and visited nearby villages to orient others on the issues of the NREGS. More and more workers identified themselves with the Hardua Sangharsh Morcha. People even observed the festival of light, Diwali, as the dark Diwali as a mark of protest against injustice. During the struggle, a public meeting was held in Hardua where more than 1500 people from 25 nearby villages participated. It was decided to gather at the Simiria Tehsil office on 19 November 2007. In the week beforehand, 14 regional and national people’s organizations joined hands with the workers of Hardua. On the 19th, the Tehsil office was gheraoed and the Tehsildar (sub-judicial magistrate) was offered roses by the workers as part of their Gandhigiri to register their demands. After this the administration buckled under peaceful protests and pressure and started addressing the demands of the workers one by one.
After 60 days of the Hardua Sangharsh Morcha’s struggle the administration started listening to the demands made by the workers. During the struggle the pressure from the media and other quarters also worked. The state advisor to the commissioners of the Supreme Court on right to food also intervened in the issue and asked the district administration to pay the wages to the workers by 30 November 2007. District Collector D.P. Ahuja visited Shiv Talab and came to know that it is a community property and the information given by the Panchayat members was misleading. He therefore ordered the payment of pending wages.
The workers celebrated the first victory of their struggle for their rights on the grant of wages of 10,000 person-days of work by the administration and the release of a sum of 750,000 rupees, although the amount paid to the people per day was less than the minimum wages. As a follow up to the struggle, a number of roads, ponds, etc., were sanctioned to the Panchayat. The people of Hardua won the battle but the war continues.
The struggle is important for five reasons. First, as noted above it is purely a struggle by the people without any involvement or support of NGOs or political parties. Even though many political parties showed interest to back the struggle, people unanimously denied them, as they perceived all parties as opportunists. Secondly, it was done purely in Gandhian style, such as offering flowers to the Tehsildar. The boycott of work despite having no food in home is reminiscent of the Ahmedabad mills strike in 1918, where workers boycotted work in demand for an increase of wages. Third, it set an example for others to follow. Fourth and most importantly, it took the shape of a struggle that challenged the existing exploitative system, with its feudal characteristics. Last but not the least, women played a major role in the formation and functioning of the Hardua Sangharsh Morcha.
Rambharan Saket, one of the leaders of the struggle, had to pay high a price for raising a voice against injustice and exploitation. His daughter had a mild mental abnormality. One day she did not return home from work. After waiting for some time, when the people of his community (Charmakar, leather workers) went to the nearest Simiria Tehsil police station to file a report, the police attempted to malign her integrity by saying, “Your daughter is not an angel, she may have eloped with some boy.?The girl’s dead body was found about six kilometers from the village, after some days. The police did not even register a case, let alone launch any inquiry. It is suspected that the girl is a victim of feudal backlash.
Similarly, Ramavatar, a cobbler by profession, was also fighting for his right to equality and employment along with the villagers. Once one of his pigs accidentally entered the field of an upper caste person (a Patel) in the village. The Patels then severely beat Ramavatar.
The Hardua struggle proves that the state does not intervene to solve social conflict in India. It actually divides social groups and lets them fight against each other. The administration (local to state) made all efforts in this case to suppress the demands and struggle of these labourers. When it could not establish that they were wrong on facts, it manipulated the valuation process. And at last the administration announced the payment of wages that came to 12 rupees a day, after valuation of work. Imagine, each person was paid 240 to 720 rupees for their six to 20 days of hard work, and they sacrificed two lives for this meager amount. The Sarpanch who committed gross violations of human rights and breached the NREGA was not charge-sheeted and was freed after a formal enquiry, as he belongs to the ruling class in the system now.
Outside the judicial system
The citizens of Zharer village in Sheopur district, Madhya Pradesh, do not want to visit any government offices any more, not because they do not have anything to demand, but because they have lost all faith in the system. They are Sahariyas, one of the most deprived sections of our so-called developed society. In a span of one month in September 2008, 18 of their children died of preventable causes. The deaths happened more than eight years after the apex court defined welfare as a part of fundamental rights. In reality, for Zharer people social justice means lodging complaints repeatedly without any acknowledgement or redress.
On 23 July 2001, the Supreme Court emphasized that,
In our opinion, what is of utmost importance is to see that food is provided to the aged, infirm, disabled, destitute women, destitute men who are in danger of starvation, pregnant and lactating women and destitute children, especially in cases where they or members of their family do not have sufficient funds to provide food for them. In case of famine, there may be shortage of food, but here the situation is that amongst plenty there is scarcity. Plenty of food is available, but distribution of the same amongst the very poor and the destitute is scarce and non-existent leading to malnourishment, starvation and other related problems.
Almost the same situation is prevailing today but even after nearly nine years of Public Interest Litigation (PIL), these entitlements could not be covered under the social justice system, because we do not have such a system. Meanwhile, cases of alleged corruption in government welfare schemes are investigated through the same bureaucratic institutions—like collectors, sub-divisional magistrates or Tehsildars—who often have a dubious role in these schemes.
While the debate on poverty and starvation rages, we should understand that there is need to decentralize our social justice system for protection of fundamental rights. Presently, citizens who seek systemic change on people’s issues or protection of their rights can file PIL only in high courts or the Supreme Court, which are inaccessible to poor people most of the time. The local courts are not empowered to look into matters of starvation, hunger, malnutrition, or exclusion from welfare services.
It seems that district courts should be made more powerful so that they can look into cases and give proper directives to the government, particularly the executive. Under the Civil Procedure Code, the district courts cannot interfere in these matters, but the Supreme Court has come out with several interim orders on food security, the right to nutrition, freedom from starvation and social security that are equivalent to reference laws. Thus district courts could take responsibility to ensure their implementation. This should be done without any delay. The district courts are now full of cases of bounced cheques or non-payment of bank installments in loan schemes. Are these the most important legal matters?
We have to view rights violations in the present system at four different but interconnected levels. At the first level is the community, which needs protection from the state, and for which food, employment and social security are lifelines, but in which—owing to discrimination, deprivation and corruption—confidence of the state is in decline. The second is the administrative level, which is responsible to provide those protections enshrined in the constitution, but is not doing so due to corruption and accountability. The third level is law and policy-makers, consisting of the structures and people that formulate rules and regulations, which have moved away from society over the years, so that laws and policies now seem to oppose the basic rights of people. At the fourth level is the judicial system, which is approached when people become disappointed with various other levels of functionaries, but which if too far away from the concerns and rights of the people allows the bureaucracy to get out of hand, as has happened in our system.
Distress migration: No issue
Dharampura village of Shivpuri district in Madhya Pradesh has three Sahranas (small pieces of land at the outskirts of villages where Sahariyas live). The Sahariyas of Dharampura are landless, and all of them work as labourers. For 6-8 months of a year they are migrating, working in nearby towns like Dabra, Datia and Sheopur.
These people are extremely poor. Most of them are left with no money and no food when they return from migration. Indebtedness is common among them. During the migration period most of them do stonecutting work in mines. Some of them also do agricultural work on daily wages. They earn 40 rupees per day, which is much lower than the minimum daily wage ensured by the law. Getting adequate food remains a distant dream for almost all of these people throughout life. Malnourishment and poor nutrition is the destiny of every Sahariya child in this village.
Upper caste and dominant people of the village exploit these people and treat them in an inhuman manner. The conditions of female widowers and elderly people are unimaginable. As they are unable to work, they are totally dependent on the charity of other people who themselves are not in a position to provide food or shelter to even their children.
Such stories are increasingly common in Madhya Pradesh. People have been moving from rural to urban areas too. Migrants are engaged in different types of work in rural and urban areas. In rural areas, migrant workers generally engage in agriculture and allied activities, followed by casual work. Migrants in urban areas are engaged in construction work. As per the 2001 census, out of 60.3 million people in Madhya Pradesh, 18.2 million were reported as migrants by place of last residence.
In recent years, a very high rate of distress migration has been witnessed in various parts of the state, as due to unfavourable conditions, manmade disasters and natural calamities like drought, millions of people are forced to leave their places of birth and residence.
According to estimates from one district of Bundelkhand, Chattarpur alone has seen over 150,000 farmers migrate in a single month. In villages, rows of houses lie locked, the occupants having migrated. The few houses that are still occupied have only children and old men and women, as they cannot work. However, almost no methodical data have been collected on the prevalence of this temporary migration, about the conditions under which people migrate, the costs and risks of migration, or the impact of remittances on the household and village economy.
There are no proper records and data on displacement in Madhya Pradesh. Departmental officers claim that it is not their responsibility to keep information regarding displaced persons. The policy of rehabilitation has been notified in the state gazetteer of the state government, and that is all.
In the absence of factual information, it is very difficult for policymakers to know the causes and level of migration, and is difficult to protect the rights of the migrants. The present development policies are the key source of distress migration in India, but there is no system to track this rapidly emerging issue. Since there are no data available, the state does not need to take any action, as there is no consolidated picture available for any one.
Displacement-induced development
Madhya Pradesh has been one of the laboratories of development projects in India. During the last three decades people have been displaced from their homesteads and lands in the name of development projects, including dams, national parks, sanctuaries, mines, industries, infrastructure projects, and beautification of cities, and this activity is continuing even now.
In Singrauli district recently the government acquired land for the Essar Group to establish a Super Thermal Power Project. Farmers are campaigning against the company and demanding only land for their land. The Essar Group required 1250 acres of land to set up the power project and there is talk of providing compensation. But it is clear that proper rehabilitation is not being done in Singrauli.
The most disheartening factor is now that the state stands with corporate interests and pushes villagers and farmers out from their land or resources. Now policies are framed in such a manner that communities are legally bound to leave their land in most cases. The new Land Acquisition Act and R & R Bill have been the topic of much controversy and debate, both within political circles and among civil society organizations involved with people’s struggles and movements all over India. At the root of the debate lie questions related to the definition of ‘public purpose?and ‘infrastructure?and the need for and extent of involuntary displacement that is caused by the former.
The incongruities in the two bills are disconcerting, as they do not attempt to redress the question of involuntary displacement and work on the ‘Better off Principle?for the dispossessed. Even more threatening is that the new bill writes ‘private corporate interest?into ‘public interest?to facilitate and justify the acquisition of huge chunks of agricultural land.
The Mamata Banerjee-led Trinamool Congress in West Bengal has raised objections on the provisions that allows for private investors acquiring up to 70 per cent of land from farmers and landowners, while the remaining 30 per cent can be acquired by the government. She has voiced her opinions in several interviews and even in the Union Cabinet meeting to discuss the proposed bills. Some reports also take into account the changed definition of an “infrastructure project? which has been widened to include a vast swathe of industrial activities—from water supply and irrigation projects to mining, power generation, transmission and supply of electricity; construction of roads, highways, airports, etc.
The R&R Bill is on the other hand not based on the ‘Better Off Principle?or ‘Land-for-Land?entitlement, which is most crucial, as also recognized by the Supreme Court in the Narmada cases. Even provisions for conducting a Social Impact Assessment or an Environmental Impact Assessment are half-hearted measures that do not attempt to study the real effects of the project on people post-displacement, nor are those to be the criteria for decision on the project itself.
The Central and State Governments have evicted tens of millions of people—especially tribals and forest dwellers—from their habitats and having deprived them of their livelihoods and natural resources have also practically finished their cultural identities under the guise of development.
The government presented rosy dreams of health, employment and education through various projects for the displaced, and claimed that only through these would their standard of living improve. But unfortunately they have remained distant dreams, never converted into reality. Projects came up in these many years but all that the people had accumulated was snatched from them.
If we pay attention to just those figures of people who have been displaced by dam construction we can see that in the whole country the figures reach to almost 40 million families. The World Bank has reached a conclusion after study of 11 dams that 2.5 persons are displaced per hectare, whereas according to the Central Water Commission the figure of persons displaced per hectare is 1.1. Every dam project is created and approved at the highest level of government and at the cost of displacement and further loss. The figures of displaced people continue to rise along with their problems.
The struggle going on for the last two and half decades against the dams on the river Narmada is one example. The poor tribal people are being defrauded in the name of development, whether at Sardar Sarover, or at Maheshwar or at Omkareshwer. No solution has been found till today for those who were displaced from the Bargi Dam area, built in 1984. The government has not given information regarding the people displaced by the Tawa Dam built in the 1970s and those displaced by the Banganga Dam built in the 1980s.
In addition to these displaced persons, hundreds of thousands of others are getting displaced due to many other projects like road construction, urban development and establishment of industries. In the name of development, large projects are regularly being finalized which will lead to displacement of a huge number of people. But the government has no clue or information about these displacements. The question here is that if the government has no clue about these people then how is it going to rehabilitate them?
The saddest part of the story is that people once displaced keep getting uprooted repeatedly. They are often displaced in the name of irrigation projects, electricity projects, national parks, wildlife sanctuaries—and the list continues. Once uprooted from their culture and roots they find no permanent place to settle down and have to adjust in inhuman conditions in resettlement shelter homes or other areas where there is no electricity, no school, no primary health centre, and no Anganwadi centre for children. But life continues. It is an awkward situation for both landowners and landless families. Those who have cultivable lands do not receive appropriate and adequate compensation, and are forced to survive on what little they can get in ‘compensation packages? The landless labourers have to commute to nearby areas to work for daily wages, as there might not be enough cultivable land where they are relocated. Male members commute to nearby areas for work while leaving family members behind.
There are no official statistics on the numbers of people displaced by large projects since independence. Also, no department is clearly responsible or accountable for these displaced people. In 2002 the Madhya Pradesh government prepared an Ideal Rehabilitation Policy under which the rehabilitation department of the state has been declared as a nodal department and it has responsibility to coordinate with the department through which displacement is taking place. But the department is warding off its responsibility, saying that it is only responsible for the rehabilitation of refugees to Bangladesh and Pakistan.
The question arises: who is responsible for the tears and pain of millions of displaced people who have sacrificed their lives and livelihoods for so-called national development? What is national development if it is not people’s development?
Who pays the price for corruption?
Who pays the price of corruption in governance? There may be no answer to this question, as it involves the politics of accountability and self-realization. But when we look at the grassroot realities of systemic corruption and unaccountability, it comes out very clearly that the most marginalized pay the price of corruption. This makes them more vulnerable and poor.
The government system at all the levels in India does not take responsibility for its officials. The money that villagers are owed they do not receive. Poor workers are suffering and will continue to suffer for crimes they have not committed. Administrators are not concerned about people’s entitlements; provisions under statuary audit are the prime concern for them.
Instead of statutory audits, what we need is a social audit system to assess different aspects of work and also encourage community monitoring through active participation. The time has come to find mechanisms for policy audits whereby all gains and losses are evaluated on the basis of what is enumerated in the policy framework.
This paper has sought to highlight that monetary gains are not the sole means of corruption and that various practices can be devised and developed to exploit the loopholes in the government system, which churns out schemes and projects aimed at political gains. While a small section of the population in Madhya Pradesh continues to bask in the glory of development, the majority is still struggling for the bare necessities, thanks to the corruption that has seeped into the system, affecting one and all.
Rolly Shivhare & Sachin Kumar Jain, Vikas Samvad Advocacy Resource Organisation, Bhopal, India
India is now known as one of the fastest growing economies in the world, but in Madhya Pradesh, one of its biggest states, the number of malnourished children has gone up from 53.55 to 60 per cent, while the number of anemic women has gone up from 47 to 57 per cent. The state also has one of the highest infant mortality rates in the world. Furthermore, definitions and calculations of poverty are fabricated and are not designed honestly to provide protection to the most marginalized, but are used to cut down the state’s responsibilities towards deprived sections, and use state resources more and more for the benefit of the corporate sector and capitalist political ideologies.
In warfare, one section of the army tries to de-link the food supply to its enemy, believing that due to non-availability of food soldiers will not be able to fight and will lose the battle. At present people in Madhya Pradesh are kept hungry so that they are not in a position to fight for their socio-economic and political rights. In such a situation, struggle groups divert their actions from larger issues to small ones, like the public distribution system, old-age pension, or small scheme-based benefits.
Combating malnutrition in Madhya Pradesh: A policy illusion
We have been raising the issues of malnutrition and related deaths in Rewa district of Madhya Pradesh. This district is located in the Baghelkhand socio-cultural region of Madhya Pradesh, where feudalism is an integral part of the social structure. When the issue of child malnutrition was raised through human development and human rights networks (Right to Food Campaign, Madhya Pradesh Lok Sangarsh Saajha Manch), mainstream media and the Asian Human Right Commission’s (AHRC) Hunger Alert programme, local authorities and state and central governments were asked to look into the matter urgently.
The higher authorities did not bother to check the critical situation themselves and left it to the local system (which was already brushing it under the carpet with fake data). In such a situation grassroots organizations (like Adiwasi Adhikaar Manch, Samaj Chetna Adhikar Manch) went into an intensive data-collection process. It has been very difficult to establish the fact that certain deaths are caused by malnutrition, so civil society has followed a strategy of establishing malnutrition deaths by using circumstantial evidence—shrinking livelihood opportunities, denial of access to natural resources without alternative arrangements, social exclusion, failure of state welfare or food programs, and evidence of rampant corruption.
Later a team of government officials visited only the villages as reported in the print media. They did not even make efforts to see the condition of the surrounding villages. What they did in the villages that they visited was to reweigh the children (to re-identify the grades and levels of malnutrition). The state machinery put the small kids on the corner of the Salter scale plate to show higher weights. Once their upper side weight got registered, they were pushed out of the list of Severe Acute Malnutrition and nothing was done to fix the conditions. Their only purpose was to undermine the reports of critical malnutrition and related deaths, mostly among tribal people and dalits.
The incident is not secluded. It is often repeated to play down the problem of severe acute malnutrition in Madhya Pradesh. The state government says that 39,000 children have been identified as severely malnourished, but on the other hand the National Family Health Survey (NFHS-III) has come out with a conclusion that around 1.3 million children under the age of six are severely malnourished. This difference is due to the callous attitude of state functionaries. A complaint regarding the official figure was lodged at all levels of the state system with evidence from various studies undertaken by civil society organizations, but there was no action or reaction from state institutions. They acted only in a denial mode, which is a very common and planned strategy. State institutions willfully abjure their accountability and fail to tackle the situation.
Recently the Right to Food Campaign-Madhya Pradesh Support Group undertook field surveys on food rights and found that children are getting supplementary nutrition under the Integrated Child Development Scheme (ICDS) only for a period of 75 to 100 days, against their entitlement of 300 days in a year. Since Anganwadi workers are working at the village level to execute the ICDS programme, the general perception of common people is that these workers are siphoning off ICDS food. Thousands of Anganwadi workers are viewed as corrupt, but people have failed to analyze the problem. When we made a detailed study of the provision we found that out of 13 billion rupees allocated every year to provide supplementary nutrition to all defined beneficiaries (children under the age of 6 years, pregnant and lactating women, and adolescent girls), only two to three billion rupees on average had been disbursed by state and central governments to cover all beneficiaries. Thus, there is deliberate denial of the food rights of children and women. Such policies have an adverse impact on the overall performance of the programme and on the frontline workers, the Anganwadi workers who are also victims of the irresponsive and callous state machinery.
From loopholes to black holes in the grain basket
For the last nine years the Supreme Court and civil society have been trying to ensure that central and state governments in India perform their constitutional roles to deal with hunger and famine. The Public Distribution System (PDS) is a key programme to provide subsidized rations to poor and vulnerable people. However, the government at both levels has failed to provide basic entitlements to people under the PDS.
In the past two-and-a-half years the rations available through the PDS have assumed great significance for the 65 per cent (6.7 million identified by the state government) families living below the poverty line due to insecurity of livelihood, various deprivations and skyrocketing prices of basic items. But in this crucial period the state government, under pressure from free market fundamentalists, has not only reduced the quantity of grain available under the PDS but has also failed to take any solid steps to improve the system and to ensure that the exact quantities of rations reach the right people.
A ration-card holder, Rajjibai Ahirwar of Bagmau Panchayat in Chhatarpur district, contends that roti made out of red flour from red wheat becomes rock hard on getting cold and tastes like fodder. The quality of wheat has degraded to such an extent that even animals refuse to eat it. But poor families are forced to eat it under abject poverty and food insecurity. This is because in ration shops of Madhya Pradesh extremely poor quality wheat, which is harmful to health and has been imported from Australia and other countries, is being distributed to families living below poverty level.
In the absence of an adequate support system, people are forced to buy poor quality rations that have adverse heath impacts. Health complications, including stomachaches and stomach upsets, have been reported regularly by beneficiaries. Many of them have used this wheat as seed in their agricultural fields and the local variety of wheat seed is gradually vanishing. People who have used such imported wheat as seed have failed even to get back their investment. Yet when 300 tribal people of the tribal-dominated Kesla block in Hoshangabad district went to meet the state chief minister to ventilate their grievances with wheat samples, they were arrested. And this was on a day when the chief minister was inaugurating a special plan at Kesla to eradicate malnutrition.
A survey of the present situation in Madhya Pradesh showed that the state government should distribute 35 kilos of rations per family to 5.1 million families. Thus the state should provide 2,142,000 metric tonnes of grain under the PDS. But the central government has estimated that there are only 2,487,000 families in the state below the poverty line. As per this estimate the food ministry of the government of India is providing only 1,068,216 metric tonnes of grain. This means that 2,613,000 families in the state are either being totally deprived of the benefit of the scheme or the rations meant for about 2.5 million families are being stretched and distributed to 5.1 million. After corruption, only about 450,000 metric tonnes of grain are reaching the beneficiaries.
The Planning Commission of India in its report on the performance of the PDS system clearly stated that Madhya Pradesh is amongst those states where 50 to 75 per cent of grain is being sacrificed at the altar of corruption, i.e. each of the 5.1 million beneficiaries is getting on average just 15-25 kilos of rations, with great difficulty. Similar to the Anganwadi workers, the PDS dealers—who through cooperative societies implement the PDS system—are again considered to be the main culprits, but actually they are not. It is true that they are an important part in the corruption chain, but they are certainly not the central component.
Apart from the PDS dealers, the Department of Food and Civil Supplies and the state government are supposed to ensure the quality of wheat under the PDS and also monitor its effective implementation. But for more than a year-and-a-half the rations provided have never been checked for quality. When the Maharashtra Government got 265 samples of these grains checked at the Konkan Bhavan Public Health Laboratory (Navi Mumbai), they found that 229 samples were unfit for human consumption!
The large-scale corruption in PDS is clearly a violation of human rights. On World Food Day 2009, the National Human Rights Commission took the initiative to address the issue and advocated for active vigilance committees to fight against hunger and famine. This kind of proactive step is required to ensure effective implementation of the programme and also to improve the system.
The extent of malnutrition, hunger and starvation in Madhya Pradesh speaks volumes to the ineffectiveness and inefficiency of state delivery mechanisms on food rights. People do not die overnight due to starvation or hunger but they do over time due to deprivation and food insecurity. The government finds it easy to escape from its responsibility and accountability. The situation of food insecurity is extremely grim and is directly responsible for the riots at ration shops of West Bengal, and the Sindhi and Shivpuri districts of Madhya Pradesh. The state and central governments should act, if not on moral grounds, at least on political grounds, as food rights may well be the next electoral issue.
Guarantee of employment but not of wages
In Madhya Pradesh, the number of marginal workers is 6.6 million and that of small farmers is 3.7 million. Thus 10 million families are basically dependent on labouring work for their incomes. At present, about 94 per cent of workers are earning their livelihoods in the unorganized sector, where they are subjected to widespread exploitation. However, implementation of the National Rural Employment Guarantee Scheme (NREGS), which ensures 100-days employment per year, raised the hopes of working people to meet their basic needs by earning minimum wages. In the state, rates of minimum wages for agricultural workers are fixed as per the Consumer Price Index and accordingly the present minimum basic wages are fixed at 91 rupees per day/person. Is this amount sufficient to meet bare amenities, especially in the context of the present price index? Wages have been increased by three per cent every year, while the inflation rate in India has been registered at more than six percent in the last two years.
The Minimum Wages Act, 1948 is based on article 43 of the Constitution of India, which provides for the fixing of minimum wages for workers that are sufficient for them to lead a respectable social life. In reality, the act in no manner acts to fix minimum wages that are sufficient to meet the food requirements of a worker and family members. It merely favours minimum wages that meet the needs of 2700 calories of food per person, 72 yards of cloth for the family, and shelter needs. In addition, for home lighting and cooking fuel an amount equivalent to 20 per cent of minimum wages is also fixed as part of wages. The Supreme Court of India, in one of its historical judgments in 1991, also directed that for meeting the educational needs of children, health facilities and other social requirements, an amount equivalent to 25 per cent of minimum wages had to be added.
However, the state government of Madhya Pradesh has constantly ignored these constitutional and legal provisions as well as directions of the Supreme Court in fixing minimum wages at 91 rupees per day. Thus, in a family of five members the share of each comes to 18.05 rupees per day, i.e. nine rupees per meal. On the other hand, to meet the requirement even of the Minimum Wages Act for 2700 calories of food per person now requires an expenditure of 31 rupees per day per person, and for meeting the clothing, education and health needs, an additional 19 rupees per day per person. As against the required minimum wages of 250 rupees per day for a family of five (31 + 19 = 50 x 5) the government is paying only 91 rupees.
In Majhera village of Shivpuri district of Madhya Pradesh the stone mines were closed down on account of heavy losses due to illegal mining, and there are no effective alternatives to employment here. Now with the implementation of the NREGS, scope for alternative employment has been created. People demanded 25 days of work and got it. But they stopped working under NREGS just after two days because the amount of minimum wages as compared to the extremely taxing physical work was not sufficient. It was also too meager to feed their families and meet other basic needs like health, education, clothing, etc. This is not only the case of Majhera village but also of scores of others where people are attempting to meet their basic needs by working for minimum wages. The rate of minimum wages fixed in Madhya Pradesh is not adequate for two square meals a day, let alone the needs of health, education and shelter.
The need of the hour is not only to increase the basic rates of minimum wages, but also to change the basic approach towards the whole issue. The rates of wages are fixed as per the Schedule of Rates (SoR) for respective works. In Madhya Pradesh, digging of 100 cubic feet on leveled surface is the minimum target, while on hard surface or murrum, it is 64 cubic feet, and minimum wages are to be paid only upon completing this targeted measurement (task basis). However, while linking SoR with minimum wages, it has been overlooked that SoRs are applied where the construction work, under various government schemes, is executed through contractors, where the prime objective is only to get the work completed, not to ensure employment or to provide relief against poverty to the workers.
While fixing the SoR, the government has completely overlooked varying geographical and regional conditions. For example, digging soft soil in Hoshangabad district and hard and semi-hard surfaces in Badwani districts are two different tasks. The government has fixed similar labour standards in both the places, irrespective of their geographical conditions.
A task rate study (known as a time and motion study) is essential to decide minimum wages in India. The government of Madhya Pradesh has not carried out an authorized study on task rates that will actually decide the amount of work that can be done by a nutritionally secure or insecure person in different conditions and circumstances. But armchair technocrats keep on deciding the tasks for poor laborers every six months, based on their own assumptions. The poor have to pay a heavy price because they have to complete tasks that are not at all realistic for them.
The Sahariya community, a tribal group, is one of the poorest and most nutritionally insecure communities in the world, but if they want to come out of chronic hunger through the National Rural Employment Guarantee Act (NREGA), 2005 they have to comply with the standards set down by the state. The majority of the community is weak and undernourished but they are asked to work 100 cubic feet for the minimum wages paid. The work is measured on the assigned task work. There are several instances where people have got just 20-30 rupees per day under this task-based work.
The NREGA was enacted to provide employment to needy people and create rural livelihood assets to improve the situation of poverty and unemployment, track distress migration, etc. Government officials in their attempts to show targeted progress of the work apply fixed standards with absolute strictness and resultantly workers are deprived of their full day’s wages. Consequently, their malnutrition, hunger and poverty remain unchanged. In other words, the government is not only aggravating the situation but also perpetuating malnutrition and hunger by depriving people of these minimum wages.
In Dindori, a tribal dominated district of the state, the chief executive officer and sub-engineer (who is responsible for the valuation of work done under the act, after which payments to the laborers are made) in coordination with the Sarpanch (head of Panchayat) and Panchayat (village tract) Secretaries of 10 village Panchayats of Karanjiya block siphoned off funds worth 80 million rupees within three years. It means tribal villagers either did not get their legal entitlement of employment or they were not paid their wages for their hard work. This public fund was allocated for ensuring the proper implementation of the NREGA, so that families could be protected from hunger and starvation. The present picture of the villagers is that they have worked for half a million person days but are still living with hunger and waiting for their rightfully-earned wages.
It is clearly evident from this case that:
1. The district and state administrations are aware about the ill happenings in the villages and block under the NREGA.
2. The NREGS has an advanced system of data collection from village to central government level, where all information is put in the public domain and analyzed by experts on a regular basis. It also has a provision for a regular social audit at the village and Panchayat level every six months, where both physical and financial matters are reviewed in the presence of the community. But in Karanjiya block, the bureaucracy and technocracy did not give any space for this system to work at all.
3. On the basis of such irregularities, a First Information Report was after six months filed with the police against the chief executive officer, sub-engineer, Sarpanch and secretaries. But even if an investigation is initiated, it will take years to come out with its findings, and there is no guarantee that the responsible persons will be punished. Meanwhile, for the workers, six months to three years have passed since the date that they laboured, but they are yet to get their wages!
The NREGS and caste struggle
Hardua Gram Panchayat comes under the Rewa district of Madhya Pradesh. It is part of the Baghelkhand region, which is recognized not only for deep-rooted poverty but also for feudalism and caste-based discrimination. Charmakar and Kola are the dalit and tribal communities residing in Hardua Panchayat, along with Patels, Kurmi and Brahmin who are from the upper castes. Almost all the dalit and adivasi communities residing in the area are landless, and earn their livelihoods either from their caste-specific work or from daily wages. They usually work in the fields of Patels and Kurmis and are paid wages of 20 rupees per day on average.
The NREGA, which was brought into effect on 2 February 2006, created a ray of hope for people wishing to free themselves from their dependency on work upon private land for meager wages. But their wish was not fulfilled, as they were not provided with any work under the NREGS for a long time. Then on 15 September 2007, 341 dalit and tribal workers gathered at the Panchayat office and applied for work, but were not accepted by the upper-caste Sarpanch, Harihar Singh Patel, on some pretext or the other. The truth was that making work available to people under the NREGS would have been self-defeating for the upper castes, which own most of the private cultivatable land, as during the harvest season there would have been a scarcity of labour and people would have also demanded higher wages, at par with the NREGS rates.
However, the educated youth of the villages read posters and pamphlets on the NREGS and started informing workers about the opportunities and provisions of the act. Vikas Samvad, a local NGO, played a key role in spreading awareness and extending support to people in their struggle. The workers again applied for work to the Chief Executive Officer (Block Development Officer) at the Janpad (block level). Following this, the Chief Development Officer ordered the Sarpanch to start the NREGS work at the Panchayat level. With this order renovation work of Shiv Talab (pond) was started.
After working for seven days no wages were paid. Workers made a demand for timely wage payment as per the act. The Sarpanch tried to suppress the demand by verbally declaring that the work had been stopped, but there was no official order pertaining to it. The people, however, were aware that the work would at least be carried out for 14 days at a stretch, as per the law, and could not be stopped mid way. So they continued to work. The struggle for payment of wages continued along with the work. All the workers realized that it would be difficult to fight against the Sarpanch, as to do so is tantamount to challenging the age-old feudal culture. They therefore started discussions and organized meetings at different dalit and tribal villages of Hardua Panchayat to mobilize people.
Seeing the increasing strength of the dalit and tribal communities, the Sarpanch played the trick of divide and rule. He tried to motivate some workers in his favour and asked them to do roadwork in the centre of the Panchayat. The unity of the workers could not be broken and they decided to stick together. They also demanded the recommencement of the Shiv Talab work, as it was the main source for water for all of them.
Meanwhile the workers placed their demand for work and pending wages before the NREGS implementing officers at the Janpad and district levels. No heed was paid to their submissions. The workers of Haradua resorted to a hunger strike at the Simiria Tehsil Office from 28 September 2007. No NGOs or political parties were allowed to play any role in this struggle of dalits and tribal people. It was purely a people’s struggle. The struggling workers formed their own organization, called Hardua Sangharsh Morcha, to fight collectively against the exploitative system. The Right to Food Campaign of Madhya Pradesh also joined its hand with the workers in their cause.
During this struggle, the district administration came up with a new excuse that the Shiv Talab work had been stopped because out of its 6.5-acre area, three acres belonged to a private party and came under another Gram Panchayat. In response to the new revelation, the representatives of the Right to Food Campaign of Madhya Pradesh met the District Collector, D.P. Ahuja, who further complicated the whole matter by saying that a portion of the Shiv Talab belonged to a local advocate, Rajkumar Pandey, therefore the administration could not go ahead with the work. The government documents collected by the volunteers of the right to food campaign, however, suggested that Shiv Talab is a 300-year-old pond and has always been used for public purpose. Although some part of the pond belonged to a private party that party had never made any claims for it.
The workers kept their struggle alive in a completely non-violent and democratic manner by continuing the work in the pond without payment for 60 long days. The determination of the workers saw them through this struggle. Two workers, Sukhwanti and Shivmangal Saket, lost their lives to the cruel hands of death while several families went to bed on empty stomachs on subsequent nights. But the struggle continued. Sachin Jain, a leader of the right to food campaign in the state, said that,
The deaths of Sukhwanti and Shivmangal Saket were clear cases of starvation deaths. The people here are daily wage earners. Non-payment of workers for thirty to forty days of NREGS works forced the people to starvation. In case of private works they would get low payment but would at least get the payment to meet their day-to-day needs. We have submitted memorandums of these starvation death cases to the Chief Minister’s Office, Advisor to the Supreme Court’s Commission on Right to Food and other authorities.
As part of their strategy to mobilize the villagers, the members of the Hardua Sangharsh Morcha formed small groups and visited nearby villages to orient others on the issues of the NREGS. More and more workers identified themselves with the Hardua Sangharsh Morcha. People even observed the festival of light, Diwali, as the dark Diwali as a mark of protest against injustice. During the struggle, a public meeting was held in Hardua where more than 1500 people from 25 nearby villages participated. It was decided to gather at the Simiria Tehsil office on 19 November 2007. In the week beforehand, 14 regional and national people’s organizations joined hands with the workers of Hardua. On the 19th, the Tehsil office was gheraoed and the Tehsildar (sub-judicial magistrate) was offered roses by the workers as part of their Gandhigiri to register their demands. After this the administration buckled under peaceful protests and pressure and started addressing the demands of the workers one by one.
After 60 days of the Hardua Sangharsh Morcha’s struggle the administration started listening to the demands made by the workers. During the struggle the pressure from the media and other quarters also worked. The state advisor to the commissioners of the Supreme Court on right to food also intervened in the issue and asked the district administration to pay the wages to the workers by 30 November 2007. District Collector D.P. Ahuja visited Shiv Talab and came to know that it is a community property and the information given by the Panchayat members was misleading. He therefore ordered the payment of pending wages.
The workers celebrated the first victory of their struggle for their rights on the grant of wages of 10,000 person-days of work by the administration and the release of a sum of 750,000 rupees, although the amount paid to the people per day was less than the minimum wages. As a follow up to the struggle, a number of roads, ponds, etc., were sanctioned to the Panchayat. The people of Hardua won the battle but the war continues.
The struggle is important for five reasons. First, as noted above it is purely a struggle by the people without any involvement or support of NGOs or political parties. Even though many political parties showed interest to back the struggle, people unanimously denied them, as they perceived all parties as opportunists. Secondly, it was done purely in Gandhian style, such as offering flowers to the Tehsildar. The boycott of work despite having no food in home is reminiscent of the Ahmedabad mills strike in 1918, where workers boycotted work in demand for an increase of wages. Third, it set an example for others to follow. Fourth and most importantly, it took the shape of a struggle that challenged the existing exploitative system, with its feudal characteristics. Last but not the least, women played a major role in the formation and functioning of the Hardua Sangharsh Morcha.
Rambharan Saket, one of the leaders of the struggle, had to pay high a price for raising a voice against injustice and exploitation. His daughter had a mild mental abnormality. One day she did not return home from work. After waiting for some time, when the people of his community (Charmakar, leather workers) went to the nearest Simiria Tehsil police station to file a report, the police attempted to malign her integrity by saying, “Your daughter is not an angel, she may have eloped with some boy.?The girl’s dead body was found about six kilometers from the village, after some days. The police did not even register a case, let alone launch any inquiry. It is suspected that the girl is a victim of feudal backlash.
Similarly, Ramavatar, a cobbler by profession, was also fighting for his right to equality and employment along with the villagers. Once one of his pigs accidentally entered the field of an upper caste person (a Patel) in the village. The Patels then severely beat Ramavatar.
The Hardua struggle proves that the state does not intervene to solve social conflict in India. It actually divides social groups and lets them fight against each other. The administration (local to state) made all efforts in this case to suppress the demands and struggle of these labourers. When it could not establish that they were wrong on facts, it manipulated the valuation process. And at last the administration announced the payment of wages that came to 12 rupees a day, after valuation of work. Imagine, each person was paid 240 to 720 rupees for their six to 20 days of hard work, and they sacrificed two lives for this meager amount. The Sarpanch who committed gross violations of human rights and breached the NREGA was not charge-sheeted and was freed after a formal enquiry, as he belongs to the ruling class in the system now.
Outside the judicial system
The citizens of Zharer village in Sheopur district, Madhya Pradesh, do not want to visit any government offices any more, not because they do not have anything to demand, but because they have lost all faith in the system. They are Sahariyas, one of the most deprived sections of our so-called developed society. In a span of one month in September 2008, 18 of their children died of preventable causes. The deaths happened more than eight years after the apex court defined welfare as a part of fundamental rights. In reality, for Zharer people social justice means lodging complaints repeatedly without any acknowledgement or redress.
On 23 July 2001, the Supreme Court emphasized that,
In our opinion, what is of utmost importance is to see that food is provided to the aged, infirm, disabled, destitute women, destitute men who are in danger of starvation, pregnant and lactating women and destitute children, especially in cases where they or members of their family do not have sufficient funds to provide food for them. In case of famine, there may be shortage of food, but here the situation is that amongst plenty there is scarcity. Plenty of food is available, but distribution of the same amongst the very poor and the destitute is scarce and non-existent leading to malnourishment, starvation and other related problems.
Almost the same situation is prevailing today but even after nearly nine years of Public Interest Litigation (PIL), these entitlements could not be covered under the social justice system, because we do not have such a system. Meanwhile, cases of alleged corruption in government welfare schemes are investigated through the same bureaucratic institutions—like collectors, sub-divisional magistrates or Tehsildars—who often have a dubious role in these schemes.
While the debate on poverty and starvation rages, we should understand that there is need to decentralize our social justice system for protection of fundamental rights. Presently, citizens who seek systemic change on people’s issues or protection of their rights can file PIL only in high courts or the Supreme Court, which are inaccessible to poor people most of the time. The local courts are not empowered to look into matters of starvation, hunger, malnutrition, or exclusion from welfare services.
It seems that district courts should be made more powerful so that they can look into cases and give proper directives to the government, particularly the executive. Under the Civil Procedure Code, the district courts cannot interfere in these matters, but the Supreme Court has come out with several interim orders on food security, the right to nutrition, freedom from starvation and social security that are equivalent to reference laws. Thus district courts could take responsibility to ensure their implementation. This should be done without any delay. The district courts are now full of cases of bounced cheques or non-payment of bank installments in loan schemes. Are these the most important legal matters?
We have to view rights violations in the present system at four different but interconnected levels. At the first level is the community, which needs protection from the state, and for which food, employment and social security are lifelines, but in which—owing to discrimination, deprivation and corruption—confidence of the state is in decline. The second is the administrative level, which is responsible to provide those protections enshrined in the constitution, but is not doing so due to corruption and accountability. The third level is law and policy-makers, consisting of the structures and people that formulate rules and regulations, which have moved away from society over the years, so that laws and policies now seem to oppose the basic rights of people. At the fourth level is the judicial system, which is approached when people become disappointed with various other levels of functionaries, but which if too far away from the concerns and rights of the people allows the bureaucracy to get out of hand, as has happened in our system.
Distress migration: No issue
Dharampura village of Shivpuri district in Madhya Pradesh has three Sahranas (small pieces of land at the outskirts of villages where Sahariyas live). The Sahariyas of Dharampura are landless, and all of them work as labourers. For 6-8 months of a year they are migrating, working in nearby towns like Dabra, Datia and Sheopur.
These people are extremely poor. Most of them are left with no money and no food when they return from migration. Indebtedness is common among them. During the migration period most of them do stonecutting work in mines. Some of them also do agricultural work on daily wages. They earn 40 rupees per day, which is much lower than the minimum daily wage ensured by the law. Getting adequate food remains a distant dream for almost all of these people throughout life. Malnourishment and poor nutrition is the destiny of every Sahariya child in this village.
Upper caste and dominant people of the village exploit these people and treat them in an inhuman manner. The conditions of female widowers and elderly people are unimaginable. As they are unable to work, they are totally dependent on the charity of other people who themselves are not in a position to provide food or shelter to even their children.
Such stories are increasingly common in Madhya Pradesh. People have been moving from rural to urban areas too. Migrants are engaged in different types of work in rural and urban areas. In rural areas, migrant workers generally engage in agriculture and allied activities, followed by casual work. Migrants in urban areas are engaged in construction work. As per the 2001 census, out of 60.3 million people in Madhya Pradesh, 18.2 million were reported as migrants by place of last residence.
In recent years, a very high rate of distress migration has been witnessed in various parts of the state, as due to unfavourable conditions, manmade disasters and natural calamities like drought, millions of people are forced to leave their places of birth and residence.
According to estimates from one district of Bundelkhand, Chattarpur alone has seen over 150,000 farmers migrate in a single month. In villages, rows of houses lie locked, the occupants having migrated. The few houses that are still occupied have only children and old men and women, as they cannot work. However, almost no methodical data have been collected on the prevalence of this temporary migration, about the conditions under which people migrate, the costs and risks of migration, or the impact of remittances on the household and village economy.
There are no proper records and data on displacement in Madhya Pradesh. Departmental officers claim that it is not their responsibility to keep information regarding displaced persons. The policy of rehabilitation has been notified in the state gazetteer of the state government, and that is all.
In the absence of factual information, it is very difficult for policymakers to know the causes and level of migration, and is difficult to protect the rights of the migrants. The present development policies are the key source of distress migration in India, but there is no system to track this rapidly emerging issue. Since there are no data available, the state does not need to take any action, as there is no consolidated picture available for any one.
Displacement-induced development
Madhya Pradesh has been one of the laboratories of development projects in India. During the last three decades people have been displaced from their homesteads and lands in the name of development projects, including dams, national parks, sanctuaries, mines, industries, infrastructure projects, and beautification of cities, and this activity is continuing even now.
In Singrauli district recently the government acquired land for the Essar Group to establish a Super Thermal Power Project. Farmers are campaigning against the company and demanding only land for their land. The Essar Group required 1250 acres of land to set up the power project and there is talk of providing compensation. But it is clear that proper rehabilitation is not being done in Singrauli.
The most disheartening factor is now that the state stands with corporate interests and pushes villagers and farmers out from their land or resources. Now policies are framed in such a manner that communities are legally bound to leave their land in most cases. The new Land Acquisition Act and R & R Bill have been the topic of much controversy and debate, both within political circles and among civil society organizations involved with people’s struggles and movements all over India. At the root of the debate lie questions related to the definition of ‘public purpose?and ‘infrastructure?and the need for and extent of involuntary displacement that is caused by the former.
The incongruities in the two bills are disconcerting, as they do not attempt to redress the question of involuntary displacement and work on the ‘Better off Principle?for the dispossessed. Even more threatening is that the new bill writes ‘private corporate interest?into ‘public interest?to facilitate and justify the acquisition of huge chunks of agricultural land.
The Mamata Banerjee-led Trinamool Congress in West Bengal has raised objections on the provisions that allows for private investors acquiring up to 70 per cent of land from farmers and landowners, while the remaining 30 per cent can be acquired by the government. She has voiced her opinions in several interviews and even in the Union Cabinet meeting to discuss the proposed bills. Some reports also take into account the changed definition of an “infrastructure project? which has been widened to include a vast swathe of industrial activities—from water supply and irrigation projects to mining, power generation, transmission and supply of electricity; construction of roads, highways, airports, etc.
The R&R Bill is on the other hand not based on the ‘Better Off Principle?or ‘Land-for-Land?entitlement, which is most crucial, as also recognized by the Supreme Court in the Narmada cases. Even provisions for conducting a Social Impact Assessment or an Environmental Impact Assessment are half-hearted measures that do not attempt to study the real effects of the project on people post-displacement, nor are those to be the criteria for decision on the project itself.
The Central and State Governments have evicted tens of millions of people—especially tribals and forest dwellers—from their habitats and having deprived them of their livelihoods and natural resources have also practically finished their cultural identities under the guise of development.
The government presented rosy dreams of health, employment and education through various projects for the displaced, and claimed that only through these would their standard of living improve. But unfortunately they have remained distant dreams, never converted into reality. Projects came up in these many years but all that the people had accumulated was snatched from them.
If we pay attention to just those figures of people who have been displaced by dam construction we can see that in the whole country the figures reach to almost 40 million families. The World Bank has reached a conclusion after study of 11 dams that 2.5 persons are displaced per hectare, whereas according to the Central Water Commission the figure of persons displaced per hectare is 1.1. Every dam project is created and approved at the highest level of government and at the cost of displacement and further loss. The figures of displaced people continue to rise along with their problems.
The struggle going on for the last two and half decades against the dams on the river Narmada is one example. The poor tribal people are being defrauded in the name of development, whether at Sardar Sarover, or at Maheshwar or at Omkareshwer. No solution has been found till today for those who were displaced from the Bargi Dam area, built in 1984. The government has not given information regarding the people displaced by the Tawa Dam built in the 1970s and those displaced by the Banganga Dam built in the 1980s.
In addition to these displaced persons, hundreds of thousands of others are getting displaced due to many other projects like road construction, urban development and establishment of industries. In the name of development, large projects are regularly being finalized which will lead to displacement of a huge number of people. But the government has no clue or information about these displacements. The question here is that if the government has no clue about these people then how is it going to rehabilitate them?
The saddest part of the story is that people once displaced keep getting uprooted repeatedly. They are often displaced in the name of irrigation projects, electricity projects, national parks, wildlife sanctuaries—and the list continues. Once uprooted from their culture and roots they find no permanent place to settle down and have to adjust in inhuman conditions in resettlement shelter homes or other areas where there is no electricity, no school, no primary health centre, and no Anganwadi centre for children. But life continues. It is an awkward situation for both landowners and landless families. Those who have cultivable lands do not receive appropriate and adequate compensation, and are forced to survive on what little they can get in ‘compensation packages? The landless labourers have to commute to nearby areas to work for daily wages, as there might not be enough cultivable land where they are relocated. Male members commute to nearby areas for work while leaving family members behind.
There are no official statistics on the numbers of people displaced by large projects since independence. Also, no department is clearly responsible or accountable for these displaced people. In 2002 the Madhya Pradesh government prepared an Ideal Rehabilitation Policy under which the rehabilitation department of the state has been declared as a nodal department and it has responsibility to coordinate with the department through which displacement is taking place. But the department is warding off its responsibility, saying that it is only responsible for the rehabilitation of refugees to Bangladesh and Pakistan.
The question arises: who is responsible for the tears and pain of millions of displaced people who have sacrificed their lives and livelihoods for so-called national development? What is national development if it is not people’s development?
Who pays the price for corruption?
Who pays the price of corruption in governance? There may be no answer to this question, as it involves the politics of accountability and self-realization. But when we look at the grassroot realities of systemic corruption and unaccountability, it comes out very clearly that the most marginalized pay the price of corruption. This makes them more vulnerable and poor.
The government system at all the levels in India does not take responsibility for its officials. The money that villagers are owed they do not receive. Poor workers are suffering and will continue to suffer for crimes they have not committed. Administrators are not concerned about people’s entitlements; provisions under statuary audit are the prime concern for them.
Instead of statutory audits, what we need is a social audit system to assess different aspects of work and also encourage community monitoring through active participation. The time has come to find mechanisms for policy audits whereby all gains and losses are evaluated on the basis of what is enumerated in the policy framework.
This paper has sought to highlight that monetary gains are not the sole means of corruption and that various practices can be devised and developed to exploit the loopholes in the government system, which churns out schemes and projects aimed at political gains. While a small section of the population in Madhya Pradesh continues to bask in the glory of development, the majority is still struggling for the bare necessities, thanks to the corruption that has seeped into the system, affecting one and all.
Punjab reeks of corruption, practically, none in the government is above suspicion-Kuldip Nayar.-28/11/11
Thursday, September 28
Punjab reeks of corruption
Kuldip Nayar
The latest World Bank Report places India almost at the bottom of corruption-free countries. It has the distinction of being 124th. If a similar study were to be undertaken in India, Punjab, I am sure, will rank at the end of the list. The entire state is reeking of corruption and, practically, none in the government is above suspicion.
In fact, as the Assembly election is approaching - scheduled for the next February - the scandals are increasing in number and gravity. No criticism is making any difference. The furor over the report by the Comptroller and Auditor-General of India rapping the Punjab government for misappropriating rural development cess had not lowered when the Ludhiana City Centre scam hit the headlines.
In the first case, a sum of Rs 935 crore was reportedly misappropriated. Where it was used and how was not known. But the cess was not utilised even for drought relief activities. The expenditure amounted to Rs 340.57 crore for the kharif season. The Centre bore the burden. The Comptroller and Auditor-General used strong words: "Audit found no evidence to indicate that the amount collected as rural development cess was utilised for the specified purpose".
In the second case, the bungling runs into crores of rupees. The Ludhiana City Centre is spread over 20.55 acres in the heart of the city and is meant to provide 200 shops, corporate offices, art galleries and a five-star hotel. The manner in which allotment has been sought to be made has raised suspicion. According to one estimate, the loss to the state will amount to Rs 500 crore.
The rules, it seems, have been blatantly changed to accommodate those who apparently have paid money in black. The space has been sold by taking 70 per cent of the payment in bulk, depriving the government of its legitimate share.
The state government has ordered an inquiry. But when the state itself is in the dock and when one minister is being named, the CBI should look into the case. This demand has been rejected for obvious reasons. The state?s own investigating agencies do not evoke the confidence which the inquiry of this type should do.
Another example of underhand dealings is the land given to Reliance. It is worth crores of rupees. The state has violated all procedures in allotting it. The State-owned Punjab Small Industries and Export Corporation (PSIEC) has been "forced" to sell the land at a very cheap rate. An English daily from Chandigarh has claimed that it has the proceedings of the Punjab Cabinet meeting of June 25 where the proposal of giving 325.57 acres was approved. The land has been given at the industrial reserve price despite the fact that industrial activity is nowhere visible.
The question is not only about the violation of rules on the allotment of land to a particular party but also that of the government's involvement. Cabinet meeting proceedings make it clear. It is strange that the Congress high command, which is aware of it, has kept mum. The state Congress is not happy over the attitude of the High Command but does not dare to open its mouth.
The several instances of the state government?s role make one wonder if New Delhi is really interested in stalling scandals or pursuing them to make sure that such things do not recur. A former Congress chief minister made me wiser the other day when he said that the state Chief Ministers had to send money to the Congress organisation at the Centre for running the party in the country. If this is correct, the state is only doing what it is supposed to do.
Probably, Punjab is overdoing it. Without transparency - it holds good for all political parties - corruption cannot be stopped. And there is no hope that any political party, including the Congress, will ever agree to such money transactions which are open.
The widespread corruption is, however, affecting Punjab considerably. Very little money is available for the state's development, particularly in the field of agriculture. Yields are falling because of various factors and the biggest one is that the money allocated for the purpose is generally not reaching the field. Farmers are the victims. There is hardly any farmer who is without debt.
The CPM organised a protest early this week and stopped some trains. The party's demand is to have a law to waive farmers' loans which total Rs 25,000 crore, the highest in the country. I do not know why the party is not pressing the Manmohan Singh government which is in power because of the CPM support.
Farmers in Punjab are really in a bad shape. The survey made on the "suicide of farmers" has shown that 2000 cases were in Punjab alone. The slogan to have agriculture as the priority at the recent Congress Chief Ministers? conclave is alright as far as it goes. But words do not produce foodgrains. What is required is concerted hard work which the feuding state government cannot organise.
Whenever I return from travel through Punjab, I feel pessimist because people are losing hope in the government. They wonder if it can retrieve them from the miserable situation in which they are caught. Mere rhetoric is not enough; they want results.
I wonder that if the Punjabis outside Punjab can do well in every field, why they are lagging behind within the state. The Punjabis outside Punjab should also think seriously about how to help the people in Punjab. They cannot let their own state, Punjab, wallow in poverty and debt.
Checking with some well-to-do Punjabis in Delhi, I find that their worry is the ever-increasing corruption in the state. Maybe, the inhabitants of Punjab should set up vigilance groups at the district level to ensure that public funds do not find their way to personal pockets which are deep.
Punjab has spent a long night in the midst of militancy. Wounds are far from healed. Corruption at high places may again put people in the throes of desperation. Seventy per cent of youth, particularly in the countryside, are drug addicts.
And their eyes are fixed on some place outside India because they feel there is no other way out of the difficulties they face. Corruption at the ministerial level has made them feel still forlorn and lonely. They need the governance to be clean and transparent. This is not much to ask for.
Punjab reeks of corruption
Kuldip Nayar
The latest World Bank Report places India almost at the bottom of corruption-free countries. It has the distinction of being 124th. If a similar study were to be undertaken in India, Punjab, I am sure, will rank at the end of the list. The entire state is reeking of corruption and, practically, none in the government is above suspicion.
In fact, as the Assembly election is approaching - scheduled for the next February - the scandals are increasing in number and gravity. No criticism is making any difference. The furor over the report by the Comptroller and Auditor-General of India rapping the Punjab government for misappropriating rural development cess had not lowered when the Ludhiana City Centre scam hit the headlines.
In the first case, a sum of Rs 935 crore was reportedly misappropriated. Where it was used and how was not known. But the cess was not utilised even for drought relief activities. The expenditure amounted to Rs 340.57 crore for the kharif season. The Centre bore the burden. The Comptroller and Auditor-General used strong words: "Audit found no evidence to indicate that the amount collected as rural development cess was utilised for the specified purpose".
In the second case, the bungling runs into crores of rupees. The Ludhiana City Centre is spread over 20.55 acres in the heart of the city and is meant to provide 200 shops, corporate offices, art galleries and a five-star hotel. The manner in which allotment has been sought to be made has raised suspicion. According to one estimate, the loss to the state will amount to Rs 500 crore.
The rules, it seems, have been blatantly changed to accommodate those who apparently have paid money in black. The space has been sold by taking 70 per cent of the payment in bulk, depriving the government of its legitimate share.
The state government has ordered an inquiry. But when the state itself is in the dock and when one minister is being named, the CBI should look into the case. This demand has been rejected for obvious reasons. The state?s own investigating agencies do not evoke the confidence which the inquiry of this type should do.
Another example of underhand dealings is the land given to Reliance. It is worth crores of rupees. The state has violated all procedures in allotting it. The State-owned Punjab Small Industries and Export Corporation (PSIEC) has been "forced" to sell the land at a very cheap rate. An English daily from Chandigarh has claimed that it has the proceedings of the Punjab Cabinet meeting of June 25 where the proposal of giving 325.57 acres was approved. The land has been given at the industrial reserve price despite the fact that industrial activity is nowhere visible.
The question is not only about the violation of rules on the allotment of land to a particular party but also that of the government's involvement. Cabinet meeting proceedings make it clear. It is strange that the Congress high command, which is aware of it, has kept mum. The state Congress is not happy over the attitude of the High Command but does not dare to open its mouth.
The several instances of the state government?s role make one wonder if New Delhi is really interested in stalling scandals or pursuing them to make sure that such things do not recur. A former Congress chief minister made me wiser the other day when he said that the state Chief Ministers had to send money to the Congress organisation at the Centre for running the party in the country. If this is correct, the state is only doing what it is supposed to do.
Probably, Punjab is overdoing it. Without transparency - it holds good for all political parties - corruption cannot be stopped. And there is no hope that any political party, including the Congress, will ever agree to such money transactions which are open.
The widespread corruption is, however, affecting Punjab considerably. Very little money is available for the state's development, particularly in the field of agriculture. Yields are falling because of various factors and the biggest one is that the money allocated for the purpose is generally not reaching the field. Farmers are the victims. There is hardly any farmer who is without debt.
The CPM organised a protest early this week and stopped some trains. The party's demand is to have a law to waive farmers' loans which total Rs 25,000 crore, the highest in the country. I do not know why the party is not pressing the Manmohan Singh government which is in power because of the CPM support.
Farmers in Punjab are really in a bad shape. The survey made on the "suicide of farmers" has shown that 2000 cases were in Punjab alone. The slogan to have agriculture as the priority at the recent Congress Chief Ministers? conclave is alright as far as it goes. But words do not produce foodgrains. What is required is concerted hard work which the feuding state government cannot organise.
Whenever I return from travel through Punjab, I feel pessimist because people are losing hope in the government. They wonder if it can retrieve them from the miserable situation in which they are caught. Mere rhetoric is not enough; they want results.
I wonder that if the Punjabis outside Punjab can do well in every field, why they are lagging behind within the state. The Punjabis outside Punjab should also think seriously about how to help the people in Punjab. They cannot let their own state, Punjab, wallow in poverty and debt.
Checking with some well-to-do Punjabis in Delhi, I find that their worry is the ever-increasing corruption in the state. Maybe, the inhabitants of Punjab should set up vigilance groups at the district level to ensure that public funds do not find their way to personal pockets which are deep.
Punjab has spent a long night in the midst of militancy. Wounds are far from healed. Corruption at high places may again put people in the throes of desperation. Seventy per cent of youth, particularly in the countryside, are drug addicts.
And their eyes are fixed on some place outside India because they feel there is no other way out of the difficulties they face. Corruption at the ministerial level has made them feel still forlorn and lonely. They need the governance to be clean and transparent. This is not much to ask for.
'Arm Haryana Lokayukta with more powers'- Sep 3, 2011
'Arm Haryana Lokayukta with more powers'
TNN Sep 3, 2011, 06.54am IST
SONIPAT: Terming Haryana Lokayukta Act as toothless, the state`s Lokayukta said it must be amended to provide more powers to take cognizance of corrupt practices and to punish the guilty.
Addressing a press conference in Sonipat on Friday, State Lokayukta Justice (retd) Pritam Pal maintained that he had advocated setting up a watchdog body, comprising members of civil society at the district level, to check corruption in government offices.
``The vigilance committees could perform the role of a watchdog on the lines of those in Madhya Pradesh. I have submitted this proposal to the Haryana government for consideration,`` said Justice Pritam Pal.
``At present, Haryana Lokayukta Act, 2002, is somewhat powerless and there is a need to amend it so that the Lokayukta has the power to punish guilty officials. He should also be empowered to take suo motu cognizance of reported corrupt practices."
He maintained that the present Act did not empower the Lokayukta to take direct action against officials found guilty and can he can only recommend action to the state government. In order to speed up the working of Lokayukta's office, some new appointments are being made by the government.
The Lokayukta informed that his office has received 544 complaints so far this year, of which 133 are pending, but likely to be disposed of within six months. ``Only one complaint out of 411 was found false and action is being taken against the complainant," he added.
TNN Sep 3, 2011, 06.54am IST
SONIPAT: Terming Haryana Lokayukta Act as toothless, the state`s Lokayukta said it must be amended to provide more powers to take cognizance of corrupt practices and to punish the guilty.
Addressing a press conference in Sonipat on Friday, State Lokayukta Justice (retd) Pritam Pal maintained that he had advocated setting up a watchdog body, comprising members of civil society at the district level, to check corruption in government offices.
``The vigilance committees could perform the role of a watchdog on the lines of those in Madhya Pradesh. I have submitted this proposal to the Haryana government for consideration,`` said Justice Pritam Pal.
``At present, Haryana Lokayukta Act, 2002, is somewhat powerless and there is a need to amend it so that the Lokayukta has the power to punish guilty officials. He should also be empowered to take suo motu cognizance of reported corrupt practices."
He maintained that the present Act did not empower the Lokayukta to take direct action against officials found guilty and can he can only recommend action to the state government. In order to speed up the working of Lokayukta's office, some new appointments are being made by the government.
The Lokayukta informed that his office has received 544 complaints so far this year, of which 133 are pending, but likely to be disposed of within six months. ``Only one complaint out of 411 was found false and action is being taken against the complainant," he added.
(THIS IS WHAT I HAVE TOLD HERE AND WHILE DISCUSSING WITH MY MAYKA PEOPLE ON PHONE WHILE I CAME BACK FROM BIHAR VISIT FOR 2 WEEKS IN END OF MARCH 2001(FISCAL YEAR 2000).THOSE DAYS PANCHAYAAT ELECTIONS IN BIHAR WAS GOING ON.FIRST TIME 50% WOMEN's RESERVATION IN ELECTION WERE "ANNOUNCED",THOUGH IT CAME AS AN ACT/LAW LATER ON.MY PARENTS WERE WITH ME.I HAD SEEN SOCIAL AUDIT REPORT OF STATE IN SANJAY'S/NIBHA'S HOME.IT HAD SHOWN HOW MONEY/FUND FOR STATE'S DEVOLOPMENT WAS GIVEN TO STATE WERE NOT UTILIZED PROPERLY AND UNUSED FUND HAD TO GIVEN/RETURN BACK TO CENTRE.STILL BIHAR STATE GOVERNMENT WERE ANNOUNCING THAT CENTRE DOESN'T GIVE ENOUGH MONEY/FUNDS TO STATE TO TAKE ACTIONS ON DEVOLOPMENTS OF THE STATE.
WE GOT CERTAIN IMPORTANT CORRUPTION/IRREGULARITIES INFORMATION ABOUT THE STATE GOVERNMENT AND SYSTEM DURING DISCUSSIONS WITH MANY PEOPLE IN MADHUBANI,NEPAL,PATNA,BEGUSARAI,BHAGALPUR ETC...EVEN IN TRAINS ALSO....WHICH I HAD MENTIONED HERE(DELHI)EARLIER AS WELL,VERBALLY AND LATER ON IN THIS BLOG!!
....I KNOW NOW ONWARDS PEOPLE WILL/MAY NOT SPEAK OR MAY HESITATE TO SPEAK OPENLY IN FRONT OF ME ABOUT THEIR OFFICE,SYSTEM,BOSSES,STATE'S BAD CONDITIONS,INNER INFORMATIONS,EVEN PERSONAL MATTERS(GOSSIPS ABOUT PEOPLE)OPENLY OR.."OFF THE RECORD INFORMATIONS" TO ME OR IN MY PRESENCE(A BIG LOSS)OR MAYBE,ON CONTRARY-- NOW PEOPLE WANT TO SHARE INFORMATIONS(AS SOURCE-KNOWN TO ME,OR EVEN ANYONE OUTSIDE/ROADSIDE PERSONS WHOM WE DISCUSS CERTAIN MATTER AT TIMES),AS JUST TALKING TO ANYONE DOESN'T COUNT AS HARD PROOF AGAINST ANYPERSON(IF ITS NOT RECORDED).
IT MAY SOUND LIKE ANY MOVIE,BUT WAS A REALITY...I HOPE FOR BETTERMENT IN THIS SITUATION CONTINIOUSLY!!
...ANYWHERE/EVERYWHERE AS EVERY STATE'S SITUATIONS REGARDING CORRUPTION/CRIME/CASTECISM/UNDERDEVOLOPMENT/IRREGULARITIES/PROBLEMS IN SYSTEM/HONEST OR CORRUPT OFFICERS EXISTS SO AS CYNICISM...IN EVERYWHERE... MORE OR LESS/..VIBHA TAILANG..span>
WE GOT CERTAIN IMPORTANT CORRUPTION/IRREGULARITIES INFORMATION ABOUT THE STATE GOVERNMENT AND SYSTEM DURING DISCUSSIONS WITH MANY PEOPLE IN MADHUBANI,NEPAL,PATNA,BEGUSARAI,BHAGALPUR ETC...EVEN IN TRAINS ALSO....WHICH I HAD MENTIONED HERE(DELHI)EARLIER AS WELL,VERBALLY AND LATER ON IN THIS BLOG!!
....I KNOW NOW ONWARDS PEOPLE WILL/MAY NOT SPEAK OR MAY HESITATE TO SPEAK OPENLY IN FRONT OF ME ABOUT THEIR OFFICE,SYSTEM,BOSSES,STATE'S BAD CONDITIONS,INNER INFORMATIONS,EVEN PERSONAL MATTERS(GOSSIPS ABOUT PEOPLE)OPENLY OR.."OFF THE RECORD INFORMATIONS" TO ME OR IN MY PRESENCE(A BIG LOSS)OR MAYBE,ON CONTRARY-- NOW PEOPLE WANT TO SHARE INFORMATIONS(AS SOURCE-KNOWN TO ME,OR EVEN ANYONE OUTSIDE/ROADSIDE PERSONS WHOM WE DISCUSS CERTAIN MATTER AT TIMES),AS JUST TALKING TO ANYONE DOESN'T COUNT AS HARD PROOF AGAINST ANYPERSON(IF ITS NOT RECORDED).
IT MAY SOUND LIKE ANY MOVIE,BUT WAS A REALITY...I HOPE FOR BETTERMENT IN THIS SITUATION CONTINIOUSLY!!
...ANYWHERE/EVERYWHERE AS EVERY STATE'S SITUATIONS REGARDING CORRUPTION/CRIME/CASTECISM/UNDERDEVOLOPMENT/IRREGULARITIES/PROBLEMS IN SYSTEM/HONEST OR CORRUPT OFFICERS EXISTS SO AS CYNICISM...IN EVERYWHERE... MORE OR LESS/..VIBHA TAILANG..span>
Social audits lead to action against corrupt officials in Rajasthan..Vibha
Social audits lead to action against corrupt officials
(THIS IS WHAT I HAVE TOLD HERE AND WHILE DISCUSSING WITH MY MAYKA PEOPLE ON PHONE WHILE I CAME BACK FROM BIHAR VISIT FOR 2 WEEKS IN END OF MARCH 2001(FISCAL YEAR 2000).THOSE DAYS PANCHAYAAT ELECTIONS IN BIHAR WAS ON.FIRST TIME 50% WOMEN'S RESERVATION IN IT WERE "ANNOUNCED",THOUGH IT CAME AS AN ACT/LAW LATER ON.MY PARENTS WERE WITH ME.I HAD SEEN SOCIAL AUDIT REPORT OF STATE IN SANJAY'S/NIBHA'S HOME.IT HAD SHOWN HOW MONEY/FUND GIVEN TO STATE WERE NOT USED PROPERLY AND FUND HAD TO GIVEN BACK TO CENTRE.STILL STATE GOVERNMENT WERE ANNOUNCING THAT CENTRE DON'T GIVE MONEY/FUNDS TO STATE TO TAKE ACTIONS ON DEVOLOPMENTS OF THE STATE.WE GOT CERTAIN IMPORTANT CORRUPTION/IRREGULARITIES INFORMATION ABOUT THE STATE GOVERNMENT AND SYSTEM DURING DISCUSSIONS WITH MANY PEOPLE IN MADHUBANI,NEPAL,PATNA,BEGUSARAI,BHAGALPUR ETC...EVEN IN TRAINS ALSO,....WHICH I HAD MENTIONED HERE(DELHI)EARLIER AS WELL,VERBALLY AND LATER ON IN THIS BLOG!! ...I KNOW NOW PEOPLE MAY NOT SPEAK OR HESITATE TO SPEAK OPENLY ABOUT THEIR OFFICE,SYSTEM,BOSSES,STATES BAD CONDITIONS,INNER INFORMATIONS.."OFF THE RECORD INFORMATIONS" TO ME OR IN MY PRESENCE(A BIG LOSS)OR MAYBE,ON CONTRARY NOW PEOPLE WILL WANT TO SHARE INFORMATIONS (AS SOURCE-KNOWN TO ME,OR EVEN OUT SIDE/ROADSIDE PERSONS WHOM WE DISCUSS ROUTINE MATTERS LIKE PRICE RISE ETC),AS JUST TALKING TO ANYONE DOESN'T COUNT AS HARD PROOF AGAINST ANYPERSON.IT MAY SOUND LIKE ANY MOVIE,BUT WAS A REALITY...I HOPE FOR BETTERMENT IN THIS SITUATION CONTINIOUSLY...ANYWHERE/EVERYWHERE AS EVERY STATE'S SITUATIONS IN CORRUPTION/CRIME/CASTECISM/UNDERDEVOLOPMENT/IRREGULARITIES/PROBLEMS IN SYSTEM/HONEST OR CORRUPT OFFICERS EXISTS SO AS CYNICISM...IN EVERYWHERE... MORE OR LESS/..VIBHA TAILANG..span>
A series of social audits in NREGS works in Rajasthan’s Bhilwara district led to unearthing of humungous irregularities and filing of FIRs against several government and panchayat officials and release of delayed payments worth crores of rupees to the ordinary NREGS workers (See details/ links below). The irregularities included the use of sub-standard material, non-issuance of job cards or post office passbooks and fudging of account books.
The audits were organized by the Rajasthan Government in partnership with the Mazdoor Kisan Shakti Sangathan (MKSS, http://www.mkssindia.org/), the National Campaign for People’s Right to Information (NCPRI, http://www.righttoinformation.info/) and many other civil society organisations between October 1 and October 12 at 11 randomly selected (through draw of lots) village Panchayats of Bhilwara. The district happens to be the parliamentary constituency of the Union Minister for Rural Development and Panchayati Raj, Dr C P Joshi who was present on the concluding day of the audits. The audits were spread over 381 gram panchayats in the 11 blocks of Bhilwara district.
Bhilwara Social Audit
Participants in the social audits included 1000 district and block resource persons chosen by the government, and volunteers from people’s organizations from across Rajasthan and 13 other states. Until now two states-- Andhra Pradesh and Rajasthan-- have set up Directorates of Social Audits to facilitate the process of fixing accountability in the NREGA works. The Directorates will have committees at the district level with representatives of government, NGOs and local groups whose job is to match the promised benefits with actual fulfillment, act against culprits, and inform the beneficiaries.
Manju Rajpal, the Collector of Bhilwara, played a crucial role in bringing together the administrators and policy makers (such as CEOs of various districts) for conducting the social audits. She has been in news earlier for displaying exemplary courage during social audits in Dungarpur district in April, 2006.
Nearly, 135 groups comprising block resource persons (BRPs) and, district resource persons (DRPs), trained & chosen by the Government of Rajasthan and social activists were formed. These groups visited 351 gram panchayats of 11 blocks of Bhilwara.
During 2008-09, a sum of Rs. 7000 crore was allocated for NREGS in Rajasthan. Out of this, district Bhilwara got Rs. 320 crore. During the 2009-10, the amount for the state was raised to Rs. 10,000 crore. The sheer amount of the funds makes it necessary for the intended beneficiaries to assess how well the NREGS has been running on the ground. The state governments too need to see how far it has been able to generate employment.
The reports were prepared during the Bhilwara social audits by talking at length to the targeted population under NREGS. It was also investigated whether water conservation projects under NREGA were running well and NREGS work was being done on the land owned by the below poverty line (BPL) population and the dalits and adivasis.
Following are some salient features of the Bhilwara Social Audits:
• This was the largest Social Audit of its kind after the enactment of the NREGA in 2005 with the active participation of about 2000 people, organised by the Government of Rajasthan and the Soochna Evum Rozgar Adhikar Abhyan (the National Campaign for People’s Right to Information or NCPRI) to monitor ongoing NREGA works.
• Divided into 135 teams comprising 15 members each, the participants were given detailed training in the Social Audit process from October 1-3, 2009 at Bhilwara. On October 2, Gandhi Jayanti, the participants gave ‘shramdaan’ of half a day under NREGA rules on work sites chosen specifically for this exercise to gain firsthand experience of the NREGA work ambience. Action Aid, Rajasthan helped in forming a team of 20 disabled persons from 6 states who also actively participated in this exercise.
• From October 5-8, 2009 the teams undertook a “padyatra” (foot march) covering more than 381 Gram Panchayats comprising 1600 villages. 900 NREGA worksites were assessed during this period. On October 9, all the members of these 135 teams assembled at the 11 Special Social Aduit Gram Panchayats.
• All 135 teams were on foot during the padyatra, ate in ordinary village homes and mingled with all without care for caste or creed. They also ensured that they did not accept food or shelter from the representatives of the gram panchayat, and mixed with ordinary villagers.
• Recoveries of delayed payment figures made available thus far (for Suvana Block alone):
Ø Paldi – 25000/-
Ø Karoi – 150000/-
Ø Mangrop – 162000/-
Ø Dariba – 400000/-
Ø Peepli – 1000000/-
Ø Haler- 100000/-
Ø Total- 18,37,000/-
• The details of the action taken and FIRs lodged thus far from the cases emerging during the padyatra:
Ø Sarpanch - 1 (Tasvariya Panchayat)
Ø Programme Officer- 2 ( Hurda and Asind Panchayat Samiti)
Ø Gram Sachiv – 1 ( Tasvariya Panchayat)
Ø Employment Assistant – 1 (Tasvariya Panchayat)
Ø Technical Assistant – 1 (Hurda Panchayat Samiti)
Ø Computer Programmer – 1 ( Asind Panchayat Samiti)
Ø Accountant – 1 ( Asind Panchayat Samiti)
• Union Minister and Bhilwara MP CP Joshi and the MLAs from Bhilwara insisted on social audit of NREGS in the district, despite stiff opposition from the sarpanches.
• The Social Audit followed the institution of a Social Audit Directorate by the Government of Rajasthan, and is acting as a workshop cum training for the 1000 District resource persons (DRPs) and Block Resource Persons (BRPs) and an additional 1000 civil society/ NGO representatives who will be the resource persons for the Directorate’s continual social audit of the NREGA in every Gram Panchayat and Block in Rajasthan.
• The social audits are seen as the most practical method of ensuring that the money intended for the poor reaches them without any hassle.
• On October 9, 2009 two senior officers from the office of the Director General of the Comptroller and Accounting General (CAG) of India, Dr. Niranjan Pant and Mr Amitabh Mukhopadhyaya, also joined the Social Audit process as observers and witnessed the proceedings until October 11, 2009. The two officials, who are members of a high powered committee formed to see if auditing process could be improved and made more accountable, visited the actual social audit sites in order to get first hand information about the present status of NREGS.
To give an idea of typical proceedings we are giving some observations from a participant representing Inclusive media for Change (im4change.org) who visited village Taswaria panchayat on October 9:
• Taswaria sarpanch Hardev Jat, who is a relative of MLA and state minister Ramlal Jat, employed the banned JCB machines to get work done in the NREGS sites, which replaced manual labourers. Since the day social auditing started, all work related to NREGS had been stopped. The sarpanch happens to be a PWD road construction contractor.
• NREGS work started quite late in this block despite the availability of funds.
• The material used in various work sites was of substandard quality.
• Work done under NREGS openly violated the norms and standards as laid down by the NREG Act.
• Balulal, the BRP for social audit revealed of job cards not being offered to willing manual labourers. There has been manipulation in the number of job cards disbursed. Money from NREGS was siphoned off by creating fake accounts in the post offices. This was revealed to Niranjan Pant of the CAG office by Shankar Singh, a social activist from MKSS.
• There exists caste based discrimination in the villages of this block to the extent that labourers are not ready to consume water provided by the so called lower caste persons in the work sites of NREGS.
During the field visit to Khachrol village, Mandalgarh Block (near Triveni Chauraha) on 10 October, the following points were learnt:
• There have been instances of manipulations of the muster rolls.
• Cement and other material for construction are being bought from a particular person.
• There has been undercounting of the people employed in NREGS.
• For the construction of a road in Rajsinghpura, the material cost has been manipulated and the material used has been of substandard quality.
• JCB machines and tractors were used instead of employing needy men and women.
• Job cards have not been disbursed but are kept with the ‘mate’ or the village level record keeper.
• Absence of crèche facility for mothers of infants
• Persons employed in NREGS are not getting minimum wages.
• Job applications have been neglected. Unemployment compensation has not been paid to many job applicants.
• Only 2 days of work has been accomplished in Masani Nali.
• There exists caste based discrimination in the villages of this block to the extent that labourers are not ready to consume water provided by the so called lower caste persons in the work sites of NREGS.
• In Gopalpura, water conservation work is not taking place.
• Mostly women and old persons have been employed in the backbreaking works done in the hills.
• Chandalal Bairwa’s job application was not granted since he is handicapped.
• Severe irregularities were found in issuing of job cards and non-payment of wages under NREGS.
• In certain villages, information about NREGS is not reaching the people.
• Not much NREGS work has been done on land belonging to BPL and SC & ST population.
Further readings:
Status of NREGS in Bhilwara, Rajasthan during 2008-09,
http://nrega.nic.in/writereaddata/citizen_out/Dist_MPR_emp_reg_2724_0809.html
Bhilwara Social Audit, Association for India’s Development,
http://aidindia.org/main/content/view/1094/1/
Social Audit in Rajasthan Undertaken by People, October 12, 2009,
http://www.thesouthasian.org/archives/2009/social_audit_in_rajasthan_unde.html
How a social audit makes people accountable, 5 October, 2009,
http://business.rediff.com/column/2009/oct/05/guest-how-a-social-audit-makes-people-accountable.htm
12 FIRs in Bhilwara after social audit of NREGS, 12 October, 2009, The Times of India,
http://timesofindia.indiatimes.com/city/jaipur/12-FIRs-in-Bhilwara-after-social-audit-of-NREGS/articleshow/5113274.cms
NREGS under scanner in Bhilwara by Sunny Sebastian, The Hindu, 10 October, 2009,
http://beta.thehindu.com/news/states/other-states/article31998.ece#
Audit of National Rural Employment Guarantee Scheme, 7 October, 2009,
http://www.cainindia.org/news/10_2009/audit_of_national_rural_employment_guarantee_scheme_.html
NREGS audit a relief to poverty-stricken by Narayan Bareth, The Asian Age, 12 October, 2009,
(THIS IS WHAT I HAVE TOLD HERE AND WHILE DISCUSSING WITH MY MAYKA PEOPLE ON PHONE WHILE I CAME BACK FROM BIHAR VISIT FOR 2 WEEKS IN END OF MARCH 2001(FISCAL YEAR 2000).THOSE DAYS PANCHAYAAT ELECTIONS IN BIHAR WAS ON.FIRST TIME 50% WOMEN'S RESERVATION IN IT WERE "ANNOUNCED",THOUGH IT CAME AS AN ACT/LAW LATER ON.MY PARENTS WERE WITH ME.I HAD SEEN SOCIAL AUDIT REPORT OF STATE IN SANJAY'S/NIBHA'S HOME.IT HAD SHOWN HOW MONEY/FUND GIVEN TO STATE WERE NOT USED PROPERLY AND FUND HAD TO GIVEN BACK TO CENTRE.STILL STATE GOVERNMENT WERE ANNOUNCING THAT CENTRE DON'T GIVE MONEY/FUNDS TO STATE TO TAKE ACTIONS ON DEVOLOPMENTS OF THE STATE.WE GOT CERTAIN IMPORTANT CORRUPTION/IRREGULARITIES INFORMATION ABOUT THE STATE GOVERNMENT AND SYSTEM DURING DISCUSSIONS WITH MANY PEOPLE IN MADHUBANI,NEPAL,PATNA,BEGUSARAI,BHAGALPUR ETC...EVEN IN TRAINS ALSO,....WHICH I HAD MENTIONED HERE(DELHI)EARLIER AS WELL,VERBALLY AND LATER ON IN THIS BLOG!! ...I KNOW NOW PEOPLE MAY NOT SPEAK OR HESITATE TO SPEAK OPENLY ABOUT THEIR OFFICE,SYSTEM,BOSSES,STATES BAD CONDITIONS,INNER INFORMATIONS.."OFF THE RECORD INFORMATIONS" TO ME OR IN MY PRESENCE(A BIG LOSS)OR MAYBE,ON CONTRARY NOW PEOPLE WILL WANT TO SHARE INFORMATIONS (AS SOURCE-KNOWN TO ME,OR EVEN OUT SIDE/ROADSIDE PERSONS WHOM WE DISCUSS ROUTINE MATTERS LIKE PRICE RISE ETC),AS JUST TALKING TO ANYONE DOESN'T COUNT AS HARD PROOF AGAINST ANYPERSON.IT MAY SOUND LIKE ANY MOVIE,BUT WAS A REALITY...I HOPE FOR BETTERMENT IN THIS SITUATION CONTINIOUSLY...ANYWHERE/EVERYWHERE AS EVERY STATE'S SITUATIONS IN CORRUPTION/CRIME/CASTECISM/UNDERDEVOLOPMENT/IRREGULARITIES/PROBLEMS IN SYSTEM/HONEST OR CORRUPT OFFICERS EXISTS SO AS CYNICISM...IN EVERYWHERE... MORE OR LESS/..VIBHA TAILANG..span>
A series of social audits in NREGS works in Rajasthan’s Bhilwara district led to unearthing of humungous irregularities and filing of FIRs against several government and panchayat officials and release of delayed payments worth crores of rupees to the ordinary NREGS workers (See details/ links below). The irregularities included the use of sub-standard material, non-issuance of job cards or post office passbooks and fudging of account books.
The audits were organized by the Rajasthan Government in partnership with the Mazdoor Kisan Shakti Sangathan (MKSS, http://www.mkssindia.org/), the National Campaign for People’s Right to Information (NCPRI, http://www.righttoinformation.info/) and many other civil society organisations between October 1 and October 12 at 11 randomly selected (through draw of lots) village Panchayats of Bhilwara. The district happens to be the parliamentary constituency of the Union Minister for Rural Development and Panchayati Raj, Dr C P Joshi who was present on the concluding day of the audits. The audits were spread over 381 gram panchayats in the 11 blocks of Bhilwara district.
Bhilwara Social Audit
Participants in the social audits included 1000 district and block resource persons chosen by the government, and volunteers from people’s organizations from across Rajasthan and 13 other states. Until now two states-- Andhra Pradesh and Rajasthan-- have set up Directorates of Social Audits to facilitate the process of fixing accountability in the NREGA works. The Directorates will have committees at the district level with representatives of government, NGOs and local groups whose job is to match the promised benefits with actual fulfillment, act against culprits, and inform the beneficiaries.
Manju Rajpal, the Collector of Bhilwara, played a crucial role in bringing together the administrators and policy makers (such as CEOs of various districts) for conducting the social audits. She has been in news earlier for displaying exemplary courage during social audits in Dungarpur district in April, 2006.
Nearly, 135 groups comprising block resource persons (BRPs) and, district resource persons (DRPs), trained & chosen by the Government of Rajasthan and social activists were formed. These groups visited 351 gram panchayats of 11 blocks of Bhilwara.
During 2008-09, a sum of Rs. 7000 crore was allocated for NREGS in Rajasthan. Out of this, district Bhilwara got Rs. 320 crore. During the 2009-10, the amount for the state was raised to Rs. 10,000 crore. The sheer amount of the funds makes it necessary for the intended beneficiaries to assess how well the NREGS has been running on the ground. The state governments too need to see how far it has been able to generate employment.
The reports were prepared during the Bhilwara social audits by talking at length to the targeted population under NREGS. It was also investigated whether water conservation projects under NREGA were running well and NREGS work was being done on the land owned by the below poverty line (BPL) population and the dalits and adivasis.
Following are some salient features of the Bhilwara Social Audits:
• This was the largest Social Audit of its kind after the enactment of the NREGA in 2005 with the active participation of about 2000 people, organised by the Government of Rajasthan and the Soochna Evum Rozgar Adhikar Abhyan (the National Campaign for People’s Right to Information or NCPRI) to monitor ongoing NREGA works.
• Divided into 135 teams comprising 15 members each, the participants were given detailed training in the Social Audit process from October 1-3, 2009 at Bhilwara. On October 2, Gandhi Jayanti, the participants gave ‘shramdaan’ of half a day under NREGA rules on work sites chosen specifically for this exercise to gain firsthand experience of the NREGA work ambience. Action Aid, Rajasthan helped in forming a team of 20 disabled persons from 6 states who also actively participated in this exercise.
• From October 5-8, 2009 the teams undertook a “padyatra” (foot march) covering more than 381 Gram Panchayats comprising 1600 villages. 900 NREGA worksites were assessed during this period. On October 9, all the members of these 135 teams assembled at the 11 Special Social Aduit Gram Panchayats.
• All 135 teams were on foot during the padyatra, ate in ordinary village homes and mingled with all without care for caste or creed. They also ensured that they did not accept food or shelter from the representatives of the gram panchayat, and mixed with ordinary villagers.
• Recoveries of delayed payment figures made available thus far (for Suvana Block alone):
Ø Paldi – 25000/-
Ø Karoi – 150000/-
Ø Mangrop – 162000/-
Ø Dariba – 400000/-
Ø Peepli – 1000000/-
Ø Haler- 100000/-
Ø Total- 18,37,000/-
• The details of the action taken and FIRs lodged thus far from the cases emerging during the padyatra:
Ø Sarpanch - 1 (Tasvariya Panchayat)
Ø Programme Officer- 2 ( Hurda and Asind Panchayat Samiti)
Ø Gram Sachiv – 1 ( Tasvariya Panchayat)
Ø Employment Assistant – 1 (Tasvariya Panchayat)
Ø Technical Assistant – 1 (Hurda Panchayat Samiti)
Ø Computer Programmer – 1 ( Asind Panchayat Samiti)
Ø Accountant – 1 ( Asind Panchayat Samiti)
• Union Minister and Bhilwara MP CP Joshi and the MLAs from Bhilwara insisted on social audit of NREGS in the district, despite stiff opposition from the sarpanches.
• The Social Audit followed the institution of a Social Audit Directorate by the Government of Rajasthan, and is acting as a workshop cum training for the 1000 District resource persons (DRPs) and Block Resource Persons (BRPs) and an additional 1000 civil society/ NGO representatives who will be the resource persons for the Directorate’s continual social audit of the NREGA in every Gram Panchayat and Block in Rajasthan.
• The social audits are seen as the most practical method of ensuring that the money intended for the poor reaches them without any hassle.
• On October 9, 2009 two senior officers from the office of the Director General of the Comptroller and Accounting General (CAG) of India, Dr. Niranjan Pant and Mr Amitabh Mukhopadhyaya, also joined the Social Audit process as observers and witnessed the proceedings until October 11, 2009. The two officials, who are members of a high powered committee formed to see if auditing process could be improved and made more accountable, visited the actual social audit sites in order to get first hand information about the present status of NREGS.
To give an idea of typical proceedings we are giving some observations from a participant representing Inclusive media for Change (im4change.org) who visited village Taswaria panchayat on October 9:
• Taswaria sarpanch Hardev Jat, who is a relative of MLA and state minister Ramlal Jat, employed the banned JCB machines to get work done in the NREGS sites, which replaced manual labourers. Since the day social auditing started, all work related to NREGS had been stopped. The sarpanch happens to be a PWD road construction contractor.
• NREGS work started quite late in this block despite the availability of funds.
• The material used in various work sites was of substandard quality.
• Work done under NREGS openly violated the norms and standards as laid down by the NREG Act.
• Balulal, the BRP for social audit revealed of job cards not being offered to willing manual labourers. There has been manipulation in the number of job cards disbursed. Money from NREGS was siphoned off by creating fake accounts in the post offices. This was revealed to Niranjan Pant of the CAG office by Shankar Singh, a social activist from MKSS.
• There exists caste based discrimination in the villages of this block to the extent that labourers are not ready to consume water provided by the so called lower caste persons in the work sites of NREGS.
During the field visit to Khachrol village, Mandalgarh Block (near Triveni Chauraha) on 10 October, the following points were learnt:
• There have been instances of manipulations of the muster rolls.
• Cement and other material for construction are being bought from a particular person.
• There has been undercounting of the people employed in NREGS.
• For the construction of a road in Rajsinghpura, the material cost has been manipulated and the material used has been of substandard quality.
• JCB machines and tractors were used instead of employing needy men and women.
• Job cards have not been disbursed but are kept with the ‘mate’ or the village level record keeper.
• Absence of crèche facility for mothers of infants
• Persons employed in NREGS are not getting minimum wages.
• Job applications have been neglected. Unemployment compensation has not been paid to many job applicants.
• Only 2 days of work has been accomplished in Masani Nali.
• There exists caste based discrimination in the villages of this block to the extent that labourers are not ready to consume water provided by the so called lower caste persons in the work sites of NREGS.
• In Gopalpura, water conservation work is not taking place.
• Mostly women and old persons have been employed in the backbreaking works done in the hills.
• Chandalal Bairwa’s job application was not granted since he is handicapped.
• Severe irregularities were found in issuing of job cards and non-payment of wages under NREGS.
• In certain villages, information about NREGS is not reaching the people.
• Not much NREGS work has been done on land belonging to BPL and SC & ST population.
Further readings:
Status of NREGS in Bhilwara, Rajasthan during 2008-09,
http://nrega.nic.in/writereaddata/citizen_out/Dist_MPR_emp_reg_2724_0809.html
Bhilwara Social Audit, Association for India’s Development,
http://aidindia.org/main/content/view/1094/1/
Social Audit in Rajasthan Undertaken by People, October 12, 2009,
http://www.thesouthasian.org/archives/2009/social_audit_in_rajasthan_unde.html
How a social audit makes people accountable, 5 October, 2009,
http://business.rediff.com/column/2009/oct/05/guest-how-a-social-audit-makes-people-accountable.htm
12 FIRs in Bhilwara after social audit of NREGS, 12 October, 2009, The Times of India,
http://timesofindia.indiatimes.com/city/jaipur/12-FIRs-in-Bhilwara-after-social-audit-of-NREGS/articleshow/5113274.cms
NREGS under scanner in Bhilwara by Sunny Sebastian, The Hindu, 10 October, 2009,
http://beta.thehindu.com/news/states/other-states/article31998.ece#
Audit of National Rural Employment Guarantee Scheme, 7 October, 2009,
http://www.cainindia.org/news/10_2009/audit_of_national_rural_employment_guarantee_scheme_.html
NREGS audit a relief to poverty-stricken by Narayan Bareth, The Asian Age, 12 October, 2009,
House of corrupt Bihar official converted into school-Dec 24, 2011,
House of corrupt Bihar official converted into school
Faizan Ahmad, TNN Dec 24, 2011, 03.54PM IST
PATNA: Yet another palatial building belonging to a corrupt Bihar government official has been converted into a school. This house belongs to suspended treasury clerk Girish Kumar and is situated in downtown Patna's Kadamkuan locality. Now the Government Backward classes Girls Residential Plus 2 School has been shifted to this double storied house.
Earlier, the house of suspended IAS officer S S Verma was converted into a primary school after its confiscation. These two incidents are unparalleled in the history as never before have the properties of any convicted official been confiscated in the country.
The 140 girls of Class X to XII appeared elated at getting opportunity to study at the comfortable accommodation which is much in contrast with the limited facilities at the rented premise in Keshrinagar locality earlier, said welfare officer H K Srivastava. The school is being run by BC and EBC welfare department of government of Bihar.
Last month, the special vigilance court ordered the confiscation of the properties of Girish Kumar, who had been serving as treasury assistant, under the provisions of Bihar Special Courts Act, 2009. Kumar was accused of amassing assets disproportionate to his known source of income. He challenged the vigilance court order in Patna high court which rejected his plea on November 15. After that the special court ordered the Patna DM to take possession of the properties of the convicted clerk.
The girls who entered the new campus were so excited and happy that they brought a drum and beat it to celebrate their merriment. The teachers too joined the celebration. "We faced a lot of hardships in the previous campus. But this house has all the facilities," said Class X student Sonam Kumari.
School principal Neelam Kumari said, "We are really feeling very good. The government's move and the court's order is a strong message to all the corrupt public servants." She hoped that more enrolments would be possible from the next academic session due to new school building and infrastructure.
The BC and EBC welfare department will put in place all necessary infrastructure for the comfortable accommodation and study for the students, welfare officer Srivastava said.
Faizan Ahmad, TNN Dec 24, 2011, 03.54PM IST
PATNA: Yet another palatial building belonging to a corrupt Bihar government official has been converted into a school. This house belongs to suspended treasury clerk Girish Kumar and is situated in downtown Patna's Kadamkuan locality. Now the Government Backward classes Girls Residential Plus 2 School has been shifted to this double storied house.
Earlier, the house of suspended IAS officer S S Verma was converted into a primary school after its confiscation. These two incidents are unparalleled in the history as never before have the properties of any convicted official been confiscated in the country.
The 140 girls of Class X to XII appeared elated at getting opportunity to study at the comfortable accommodation which is much in contrast with the limited facilities at the rented premise in Keshrinagar locality earlier, said welfare officer H K Srivastava. The school is being run by BC and EBC welfare department of government of Bihar.
Last month, the special vigilance court ordered the confiscation of the properties of Girish Kumar, who had been serving as treasury assistant, under the provisions of Bihar Special Courts Act, 2009. Kumar was accused of amassing assets disproportionate to his known source of income. He challenged the vigilance court order in Patna high court which rejected his plea on November 15. After that the special court ordered the Patna DM to take possession of the properties of the convicted clerk.
The girls who entered the new campus were so excited and happy that they brought a drum and beat it to celebrate their merriment. The teachers too joined the celebration. "We faced a lot of hardships in the previous campus. But this house has all the facilities," said Class X student Sonam Kumari.
School principal Neelam Kumari said, "We are really feeling very good. The government's move and the court's order is a strong message to all the corrupt public servants." She hoped that more enrolments would be possible from the next academic session due to new school building and infrastructure.
The BC and EBC welfare department will put in place all necessary infrastructure for the comfortable accommodation and study for the students, welfare officer Srivastava said.
Economic Policy Updates RBI Announces A Whistleblower Policy For Private, Foreign Banks
Economic Policy Updates
RBI Announces A Whistleblower Policy For Private, Foreign Banks
The Reserve Bank of India (RBI) has introduced a whistleblower policy for private and foreign banks that allows customers, shareholders, NGOs and other members of the public to complain in confidence
The complaints could relate to corruption, misuse of office, criminal offences, suspected/actual frauds and failure to comply with rules. Public sector banks and the RBI were already covered under the Central Vigilance Commission (CVC) which is the ‘designated agency’ to receive written complaints or disclosure on any allegation of corruption or misuse of office and recommend appropriate action.
However, since the CVC’s jurisdiction is restricted to government employees, the RBI has now formulated a scheme called ‘Protected Disclosures Scheme’ for private and foreign banks. The policy will not cover anonymous/ pseudonymous complaints. The RBI will be the nodal agency to receive complaints under the scheme.
However, the complainants’ identity would be revealed if complaint turns out to be frivolous and action has to be initiated against the complainant. According to the scheme, the complainant should ensure the issue raised by him involves dishonest intention/moral angle.
The RBI says if the allegations are substantiated, it will recommend appropriate action. These could include: appropriate action to be initiated against the concerned official, administrative steps to recover the loss caused to the bank as a result of the corrupt act or misuse of office.
It can also recommend initiation of criminal proceedings to the appropriate authority/agency, recommend taking corrective measures to prevent recurrence of such events in future.
RBI Announces A Whistleblower Policy For Private, Foreign Banks
The Reserve Bank of India (RBI) has introduced a whistleblower policy for private and foreign banks that allows customers, shareholders, NGOs and other members of the public to complain in confidence
The complaints could relate to corruption, misuse of office, criminal offences, suspected/actual frauds and failure to comply with rules. Public sector banks and the RBI were already covered under the Central Vigilance Commission (CVC) which is the ‘designated agency’ to receive written complaints or disclosure on any allegation of corruption or misuse of office and recommend appropriate action.
However, since the CVC’s jurisdiction is restricted to government employees, the RBI has now formulated a scheme called ‘Protected Disclosures Scheme’ for private and foreign banks. The policy will not cover anonymous/ pseudonymous complaints. The RBI will be the nodal agency to receive complaints under the scheme.
However, the complainants’ identity would be revealed if complaint turns out to be frivolous and action has to be initiated against the complainant. According to the scheme, the complainant should ensure the issue raised by him involves dishonest intention/moral angle.
The RBI says if the allegations are substantiated, it will recommend appropriate action. These could include: appropriate action to be initiated against the concerned official, administrative steps to recover the loss caused to the bank as a result of the corrupt act or misuse of office.
It can also recommend initiation of criminal proceedings to the appropriate authority/agency, recommend taking corrective measures to prevent recurrence of such events in future.
Govt committed to a strong Lokpal:Wishing to put behind a "very difficult" yearPM's New Year message
Govt committed to a strong Lokpal: PM's New Year message
Press Trust of India, Updated: December 31, 2011 23:09 IST
New Delhi: Wishing to put behind a "very difficult" year, Prime Minister Manmohan Singh on Saturday acknowledged that concern about corruption has moved to the centre stage and vowed to personally work to provide an "honest and more efficient government".
In his New Year message to the nation, he noted that corruption was a serious problem that needs multi-dimensional response of which Lokpal and Lokayuktas are an important part. (PM's New Year message: Full transcript)
He said it was "unfortunate" that Lokpal and Lokayuktas Bill could not be passed by the Rajya Sabha but said the government was committed to enactment of the effective law.
"The year that has just ended was a very difficult year for the world," Dr Singh said, citing the economic crisis, socio economic tensions, "political upheavals in many developing countries" and "a revolution of rising expectations fostered by the extraordinary reach of the electronic media and the connectivity provided by new social networking platforms."
These issues kept governments around the world "on their toes", he said, adding that "we in India have had our share of problems."
Talking in the context of India specifically, Dr Singh said the economy slowed down, inflation edged up and "concern about corruption moved to the centre stage".
Counselling against despondency, he said, "we must address the new concerns that have arisen while remaining steadfast in our commitment to put the nation on a development path which ensures rapid, inclusive and sustainable growth.
"I want to assure you all on this New Year's day that I personally will work to provide an honest and more efficient government, a more productive, competitive and robust economy and a more equitable and just social and political order."
Press Trust of India, Updated: December 31, 2011 23:09 IST
New Delhi: Wishing to put behind a "very difficult" year, Prime Minister Manmohan Singh on Saturday acknowledged that concern about corruption has moved to the centre stage and vowed to personally work to provide an "honest and more efficient government".
In his New Year message to the nation, he noted that corruption was a serious problem that needs multi-dimensional response of which Lokpal and Lokayuktas are an important part. (PM's New Year message: Full transcript)
He said it was "unfortunate" that Lokpal and Lokayuktas Bill could not be passed by the Rajya Sabha but said the government was committed to enactment of the effective law.
"The year that has just ended was a very difficult year for the world," Dr Singh said, citing the economic crisis, socio economic tensions, "political upheavals in many developing countries" and "a revolution of rising expectations fostered by the extraordinary reach of the electronic media and the connectivity provided by new social networking platforms."
These issues kept governments around the world "on their toes", he said, adding that "we in India have had our share of problems."
Talking in the context of India specifically, Dr Singh said the economy slowed down, inflation edged up and "concern about corruption moved to the centre stage".
Counselling against despondency, he said, "we must address the new concerns that have arisen while remaining steadfast in our commitment to put the nation on a development path which ensures rapid, inclusive and sustainable growth.
"I want to assure you all on this New Year's day that I personally will work to provide an honest and more efficient government, a more productive, competitive and robust economy and a more equitable and just social and political order."
Friday, December 30, 2011
Cong not to rest till strong Lokpal Bill passed:those who used to talk about 'India Shining' defeated the proposed legislation. Rahul-
Cong not to rest till strong Lokpal Bill passed: Rahul/MAY BE THIS LOKPAL/JANLOKPAL BILL" DIDN'T REACH TO THE DESIRED CONCLUSION BUT 3 DAYS FULL DISCUSSIONS IN BOTH HOUSES OF PARLIAMENT HAD TREMENDEOUS VIEWERSHIP SO EVERYONE HAS GOT DETAILED IDEA OF LOKPAL BILL.AND IDEA ABOUT BOTH BILLS.I HOPE IN BUDGET SESSION IT SHOULD GET FORMAL SHAPE AS BEST OF BOTH BILL'S CONTENT IN IT.IT SHOULD BE PREPARED FOR BEST OF THE PEOPLE OF INDIAN CONTINENT.FOR THEIR PRESENT AND FUTURE CONSIDERATION...WITH ALL BEST/GOOD/BAD/UGLY EXPERIENCES OF PAST...AND ITS ALL ASPECTS...CORRUPTION,ITS ROOTS AND REASONS,CORRUPTS,HOW TO CATCH THEM WITHOUT VICTIMISING ANYONE INNOCENT(EVEN WE HAVE GOT IT NOTICE,BUT INCOME TAX DEPARTMENT HAVEN'T GOT ANY DEFAULT,OR BECAUSE RELATING WITH FICTION SOMEONE ASKED YOU QUESTION THAT I HAVE HEARD YOU GOT 80,OOO RS WHICH EVEN YOU COULDN'T IMAGINE...ITS REALLY SAD(OUR PERSONAL EXPERIENCE??)!!...ITS STRICT PUNISHMENTS,RECOVERY OF AMOUNTS/MONEY/CASH/KINDS/PROPERTIES ETC....AND JUSTICE TO VICTIMS AND THEIR GREVIENCES!!ITS GOOD ATLEAST PEOPLE'S MENTAL BLOCKS REGARDING THIS "ISSUE" HAS CLEARED OF!!NOW THEY'LL WILL HAVE CLARITY IN THEIR VIEWS,THINKING,OPINION ABOUT IT,...WHICH IS A MENACE FOR OUR COUNTRY.WEAKENING OUR COUNTRY'S SYSTEM,ECONOMY,AND EFFECTING ITS GROWTH AND FAST DEVOLOPMENT!!...PEOPLE'S UNDERSTANDING ACCORDING TO EVERYONE'S PERSPECTIVE HAS INCREASED.SO AS CONCENSUS.ITS IMPORTANT FOR OUR PARLIAMENT TO DELIVER IN NEXT SESSION DURING "BUDGET SESSION"....HUNDRED PERCENT,OTHERWISE WILL SURELY FACE CYNICISM OF INDIAN CITIZENS!!I REMEMBER A MOVIE "MEIN AAZAD HOON" WHERE A PERSON WAS HIRED AS A CHARACTOR,A CRUSADER/FAKE CRUSADER,WHO USED TO SPEAK OTHERS WRITTEN SCRIPT,BUT LATER ON HE ACTUALLY STARTED FEELING FOR THOSE PEOPLE ABOUT WHOM HE WAS JUST TALKING UNKNOWINGLY/OR TOLD TO DO SO.AND THAT DAY HE BECAME BEYOND CONTROL OF THOSE WHO HAVE MADE HIM PUPPET INITIALLY AND HIRED.SO PEOPLE WHO ARE ON ROAD JUST LIKE THAT WITHOUT MUCH THINKING CAN GET MATURED ON THIS ISSUE AND CREATE BIGGER PROBLEM FOR PEOPLE IN PARLIAMENT OR ADMINISTRATORS.ITS NOT TO BEND ON THEIR OR MINE BILL,ITS MATTER OF COMING UP WITH THE BEST BILL WHICH MEANS GOOD POINTS NEED TO BE ADDED ETC!!RGDS ........VT
As the Lokpal Bill failed to get Parliament's nod, Rahul Gandhi on Friday said the Congress will not rest till a strong law is passed and slammed the BJP, saying those who used to talk about 'India Shining' defeated the proposed legislation.
“Those who used to talk about India Shining defeated a strong Lokpal,” Rahul told an election rally here.
He said he was of the view that the strongest Lokpal will be one with Constitutional status.
“But they defeated it in Lok Sabha and when asked by reporters, they said they did so as it was Rahul's dream. This is not Rahul's dream but the dream of the country's youth and we will rest only after bringing it,” he said.
He recalled that his father Rajiv Gandhi also met with same fate when he had introduced a Constitution Amendment Bill to provide Constitutional status to Panchayati Raj institutions.
As the Lokpal Bill failed to get Parliament's nod, Rahul Gandhi on Friday said the Congress will not rest till a strong law is passed and slammed the BJP, saying those who used to talk about 'India Shining' defeated the proposed legislation.
“Those who used to talk about India Shining defeated a strong Lokpal,” Rahul told an election rally here.
He said he was of the view that the strongest Lokpal will be one with Constitutional status.
“But they defeated it in Lok Sabha and when asked by reporters, they said they did so as it was Rahul's dream. This is not Rahul's dream but the dream of the country's youth and we will rest only after bringing it,” he said.
He recalled that his father Rajiv Gandhi also met with same fate when he had introduced a Constitution Amendment Bill to provide Constitutional status to Panchayati Raj institutions.
Lokayukta system to be stronger in Himachal Pradesh, said CM-30 Dec, 2011
30 Dec, 2011, 01.35PM IST, IANS
Lokayukta system to be stronger in Himachal Pradesh, said CM
SHIMLA: Himachal Pradesh Chief Minister Prem Kumar Dhumal has promised a corruption-free state with a powerful Lokayukta system in place. He said he is in touch with Anna Hazare and his team for their suggestions to make the institution more potent.
His assertions come at a time when the Bharatiya Janata Party (BJP) government is facing charges of selling the state to non-Himachalis by granting them permission to buy huge chunks of land after bypassing the laid down land laws.
"We are one of the first states to have a Lokayukta. Now we are going to give the Lokayukta institution more powers in order to deal effectively with corruption and abuse of power," Dhumal told in an interview.
"For this, the act (Himachal Pradesh Lokayukta Act of 1983) would be amended. Members of civil society have been invited to give suggestions to strengthen the Lokayukta and give it more powers for dealing effectively with complaints of corruption," he said.
The issue of giving more power to the institution, Dhumal said, would be discussed with the new Lokayukta, Justice (retd) L.S. Panta, who is to assume office next month.
Panta, a retired Supreme Court judge, is chairman of the National Green Tribunal.
The chief minister's office also comes under the purview of the Lokayukta.
Dhumal, who took over reins of the state for the second time Dec 30, 2007, said his government was among the few states that reacted quickly after the national outcry against corruption.
"We have now laws in place to nail corrupt officials and make them accountable through timely delivery of services to the public," he said.
The state assembly, during its eight-day monsoon session in August, passed the Himachal Pradesh Special Courts (Attachment and Confiscation of Property) Bill and the Himachal Pradesh Public Services Guarantee Bill.
Lokayukta system to be stronger in Himachal Pradesh, said CM
SHIMLA: Himachal Pradesh Chief Minister Prem Kumar Dhumal has promised a corruption-free state with a powerful Lokayukta system in place. He said he is in touch with Anna Hazare and his team for their suggestions to make the institution more potent.
His assertions come at a time when the Bharatiya Janata Party (BJP) government is facing charges of selling the state to non-Himachalis by granting them permission to buy huge chunks of land after bypassing the laid down land laws.
"We are one of the first states to have a Lokayukta. Now we are going to give the Lokayukta institution more powers in order to deal effectively with corruption and abuse of power," Dhumal told in an interview.
"For this, the act (Himachal Pradesh Lokayukta Act of 1983) would be amended. Members of civil society have been invited to give suggestions to strengthen the Lokayukta and give it more powers for dealing effectively with complaints of corruption," he said.
The issue of giving more power to the institution, Dhumal said, would be discussed with the new Lokayukta, Justice (retd) L.S. Panta, who is to assume office next month.
Panta, a retired Supreme Court judge, is chairman of the National Green Tribunal.
The chief minister's office also comes under the purview of the Lokayukta.
Dhumal, who took over reins of the state for the second time Dec 30, 2007, said his government was among the few states that reacted quickly after the national outcry against corruption.
"We have now laws in place to nail corrupt officials and make them accountable through timely delivery of services to the public," he said.
The state assembly, during its eight-day monsoon session in August, passed the Himachal Pradesh Special Courts (Attachment and Confiscation of Property) Bill and the Himachal Pradesh Public Services Guarantee Bill.
'No political party wants an independent, strong Lokpal'
'No political party wants an independent, strong Lokpal'......
Team Anna member Prashant Bhushan tells Kunal Majumder that politicians are afraid of coming under scrutiny
K Keshava Rao
'Keeping the PM out of Lokpal purview is absurd’
‘We have no confidence left in the government’
Lokpal: An option without a fast or fuss
Why did you reject the government version of the Lokpal Bill that was approved by the Cabinet on 20 December?
If the Lokpal won’t have administrative control and remains only an investigating agency, then there is no point in having a Lokpal. If the government controls it, then there is a conflict of interest. Therefore, an agency that has no independence will have no use. The government has the power of posting and promotion, so it can influence the agency. The selection committee has been narrowed. We suggested a broad-based committee for selection. They have totally rejected it. We won’t make any compromise on these issues.
Anna Hazare has said he will proceed on fast on 27 December. What is the precise demand you want the government to address to consider calling off the fast?
The government should pass a legislation like the Jan Lokpal Bill, which means that firstly, it should have an investigatory machinery under its control through which anti-corruption probes can be done instead of relying on a government-controlled machinery. The selection of officials in the Lokpal’s office should be through a broad-based independent selection committee rather than a committee primarily consisting of politicians and the method should be transparent. The Lokpal should also have jurisdiction over all public servants. It should also have the authority to take action based on the Citizens Charter.
After so many concessions by the government, what it boils down to is that basically you want the government to accept your Jan Lokpal Bill in its entirety?
We have never said that the Centre has to accept our Bill in its entirety but the main principle must be accepted. We are not saying every full stop and comma must be included.
But since you clearly have no faith in the government, what will the fast achieve?
We are confident that public pressure will force the government to act. Otherwise we will campaign against the parties that oppose the Bill, in the states where there is going to be an Assembly poll in the next few months.
What if pressure from other political parties manages to move the government to give the CBI more independence. Will you then end your protest?
Of course. As long as it is incorporated in the next draft.
Since Anna’s health is deteriorating, how are you planning your future course of action?
Hazare’s fast may not last for too long. There may be limited fasts or protests and later we will tour poll-bound states.
Are you still insisting on bringing grievance redressal and judicial accountability under the Lokpal?
We are open to an alternative model provided that model is credible and independent. By independent, we mean that selection must be done by an independent committee.
The UPA government has made its position clear. What is your expectation from the BJP? After all, it has already introduced a similar Bill in the Uttarakhand Assembly.
We can’t say anything about the BJP. We have to wait and see what they do in Parliament. They keep saying that they will support the Jan Lokpal Bill. They had also written a dissent note in the Standing Committee report. Let us see.
Why have you not been able to get unequivocal support from any political party for your Bill?
Most political parties that have been in power or want to be in power do not want an independent body. They all have stakes that will be affected by a strong, independent Lokpal.
Kunal Majumder is a Senior Correspondent with Tehelka.
Team Anna member Prashant Bhushan tells Kunal Majumder that politicians are afraid of coming under scrutiny
K Keshava Rao
'Keeping the PM out of Lokpal purview is absurd’
‘We have no confidence left in the government’
Lokpal: An option without a fast or fuss
Why did you reject the government version of the Lokpal Bill that was approved by the Cabinet on 20 December?
If the Lokpal won’t have administrative control and remains only an investigating agency, then there is no point in having a Lokpal. If the government controls it, then there is a conflict of interest. Therefore, an agency that has no independence will have no use. The government has the power of posting and promotion, so it can influence the agency. The selection committee has been narrowed. We suggested a broad-based committee for selection. They have totally rejected it. We won’t make any compromise on these issues.
Anna Hazare has said he will proceed on fast on 27 December. What is the precise demand you want the government to address to consider calling off the fast?
The government should pass a legislation like the Jan Lokpal Bill, which means that firstly, it should have an investigatory machinery under its control through which anti-corruption probes can be done instead of relying on a government-controlled machinery. The selection of officials in the Lokpal’s office should be through a broad-based independent selection committee rather than a committee primarily consisting of politicians and the method should be transparent. The Lokpal should also have jurisdiction over all public servants. It should also have the authority to take action based on the Citizens Charter.
After so many concessions by the government, what it boils down to is that basically you want the government to accept your Jan Lokpal Bill in its entirety?
We have never said that the Centre has to accept our Bill in its entirety but the main principle must be accepted. We are not saying every full stop and comma must be included.
But since you clearly have no faith in the government, what will the fast achieve?
We are confident that public pressure will force the government to act. Otherwise we will campaign against the parties that oppose the Bill, in the states where there is going to be an Assembly poll in the next few months.
What if pressure from other political parties manages to move the government to give the CBI more independence. Will you then end your protest?
Of course. As long as it is incorporated in the next draft.
Since Anna’s health is deteriorating, how are you planning your future course of action?
Hazare’s fast may not last for too long. There may be limited fasts or protests and later we will tour poll-bound states.
Are you still insisting on bringing grievance redressal and judicial accountability under the Lokpal?
We are open to an alternative model provided that model is credible and independent. By independent, we mean that selection must be done by an independent committee.
The UPA government has made its position clear. What is your expectation from the BJP? After all, it has already introduced a similar Bill in the Uttarakhand Assembly.
We can’t say anything about the BJP. We have to wait and see what they do in Parliament. They keep saying that they will support the Jan Lokpal Bill. They had also written a dissent note in the Standing Committee report. Let us see.
Why have you not been able to get unequivocal support from any political party for your Bill?
Most political parties that have been in power or want to be in power do not want an independent body. They all have stakes that will be affected by a strong, independent Lokpal.
Kunal Majumder is a Senior Correspondent with Tehelka.
Thursday, December 29, 2011
NHAI retail bond sale oversubscribed, receives bids for Rs 250 billion on attractive returns-29 Dec, 2011
29 Dec, 2011, 06.21PM IST, Reuters
NHAI retail bond sale oversubscribed, receives bids for Rs 250 billion on attractive returns
National Highways Authority of India's (NHAI) first sale of retail bonds has received bids for nearly five times the base amount so far, capitalising on investors' appetite for safe havens as the global debt crisis keeps domestic equity markets lacklustre.
The state-owned agency for highways, which launched its issue on Wednesday, has received bids for about Rs 250 billion ($4.68 billion), a person involved with the issue said.
The issue is set to close on Jan 11, but bankers have the option of early closure.
The issue has rougly received three times subscription for its qualified institutional investor category and about twice the size for the high net worth individual category, bankers said.
The issue, which has a core size of Rs 50 billion, has an option to retain an equivalent amount as greenshoe.
Bankers said that high yields being offered, on a tax adjusted basis, and the option of getting subscription on a first come basis for large investors has contributed to the success of the sale.
"This is a AAA rated, tax free government backed paper giving a pre-tax return of 11.7 per cent for those taxed in the 30 per cent bracket. It can't get better than this," said Rajesh Iyer, Executive Vice President, Products & Research at Kotak Wealth Management.
Sale proceeds will help NHAI acquire land for the building of new roads and pay contractors for construction.
The 10-year NHAI bond will give 8.2 per cent interest, while the 15-year bond will give 8.3 per cent.
The extent of the demand can be gauged by the fact that apart from banks and financial institutions, corporates have also participated with a large company said to have invested in excess of 10 billion rupees, another source said.
"Given the backdrop of the current volatility in the equity markets coupled with a rate cut expectation in next 3-6 months with the interest rate at its peak, people have started looking for duration to start investing in," Iyer said.
RBI, which has lifted rates 13 times since March 2010, has indicated that it will ease monetary policy as risks to economic growth increase.
NHAI retail bond sale oversubscribed, receives bids for Rs 250 billion on attractive returns
National Highways Authority of India's (NHAI) first sale of retail bonds has received bids for nearly five times the base amount so far, capitalising on investors' appetite for safe havens as the global debt crisis keeps domestic equity markets lacklustre.
The state-owned agency for highways, which launched its issue on Wednesday, has received bids for about Rs 250 billion ($4.68 billion), a person involved with the issue said.
The issue is set to close on Jan 11, but bankers have the option of early closure.
The issue has rougly received three times subscription for its qualified institutional investor category and about twice the size for the high net worth individual category, bankers said.
The issue, which has a core size of Rs 50 billion, has an option to retain an equivalent amount as greenshoe.
Bankers said that high yields being offered, on a tax adjusted basis, and the option of getting subscription on a first come basis for large investors has contributed to the success of the sale.
"This is a AAA rated, tax free government backed paper giving a pre-tax return of 11.7 per cent for those taxed in the 30 per cent bracket. It can't get better than this," said Rajesh Iyer, Executive Vice President, Products & Research at Kotak Wealth Management.
Sale proceeds will help NHAI acquire land for the building of new roads and pay contractors for construction.
The 10-year NHAI bond will give 8.2 per cent interest, while the 15-year bond will give 8.3 per cent.
The extent of the demand can be gauged by the fact that apart from banks and financial institutions, corporates have also participated with a large company said to have invested in excess of 10 billion rupees, another source said.
"Given the backdrop of the current volatility in the equity markets coupled with a rate cut expectation in next 3-6 months with the interest rate at its peak, people have started looking for duration to start investing in," Iyer said.
RBI, which has lifted rates 13 times since March 2010, has indicated that it will ease monetary policy as risks to economic growth increase.
BJP makes clear won't pass Lokpal without amendments/Recent Lokpal-Bill-Oppn-Trinamool-firm-govt-may-not-muster-numbers
BJP makes clear won't pass Lokpal without amendments/Recent
Lokpal-Bill-Oppn-Trinamool-firm-govt-may-not-muster-numbers(I HOPE AND WISH... TO AVOID ANNAJI'S TEAMS ONE MORE "BHOOK HARTAL" AND AAM JANTA ON ROAD ONCE AGAIN...PLZ FULLFILL YOUR PROMISES TODAY.LETS ADD AND DECIDE AUTONOMY OF LOKAYUKTA'S SEPRATELY.AS MANY STATES HAS THEIR INDEPENDENT LOKAYUKTA'S ACTIVE WITHOUT ANY CENTRAL INTERFERENCE.SO RIGHT NOW MUST EMPHASISE ON LOKPAL AND PASS IT.COUNTRY NEED TO BEGIN NEWYEAR WITH HOPE AND YOUR ALL PROMISES FULFILLED.PLZ,DO THE AMENDMENTS,CORRECTIONS,ADDITIONS,WEEDOUT INCORRECTS,...ETC. MAKE AN EFFECTIVE LAW AND AUTONOMOUS BODY.BUT FULLFILL TO DO IN THIS SESSION!!PLZ DO EXTRA EFFORT,INVEST EXTRA TIME.BUT DO IT.WE NEED LAW TO REGULATE ANTI-CORRUPTION ACTIONS!!IT WAITED FOR LAST 40YRS...!!INEFFECTIVE BILL WILL AGAIN CREATE A STIR.WE NEED AN EFFECTIVE BILL OR NO BILL.NO TOOTHLESS BILL PLZ.THEIR SHOULD BE A CLAUSE THAT NO INNOCENT SHOULD GET VICTIMISED AND GOT FACE PAINTED BLACK UNNECCESSARY(JHUUTHI SHIKAYAAT)...ON CORRUPTION,BRIBE,SCAM OR BLACKMONEY ISSUE...AS THESE ALL CAN BE NIGHTMERISH FOR ANY PERSON AND THEIR FAMILY MEMBERS...WHO'RE FULL OF INTEGRITY,HONESTY AND SELF-PRIDE!!...ITS MY SUGGESTIONS.LETS SEE IF MY WORDS HAS ANY EFFECT OR IMPACT OR NOT??...ITS MY TEST NOW.
RGDS...VT)
New Delhi The Opposition today slammed the Lokpal Bill saying it would lead to “constitutional havoc” as the Centre would be encouraged to “usurp” rights of states through the provision of setting up of Lokayuktas.
Initiating the debate in the Rajya Sabha, Leader of the Opposition Arun Jaitley criticised the government on the minority quota in the Lokpal bench, the inclusion of NGOs and for keeping CBI out of the purview of the ombudsman.
“If you are creating history, let us not create bad history. We will be leaving a lot of task for the next generation to do,” he said.
He made it clear the BJP would not support the bill in its present form. “Please accept amendments that colleagues have moved,” he said.
Going clause by clause in the Lokpal and Lokayuktas Bill, 2011, Jaitley said the ombudsman was “designed to be vulnerable to constitutional challenge. Let us create an institution which is constitutionally possible”.
Referring to the provision on the setting up of Lokayuktas in the state, the BJP leader and noted lawyer said it would lead to creating “a grey area” by which the Centre can usurp powers of the states. “Why are you creating a constitutional havoc? The government is trying to make constitutional cocktail,” he said.
Jaitley said the government wants to subvert an institution even before its creation. “You want to kill it in the womb,” he alleged.
“You wanted to create a phoney Lokpal, and create a smokescreen that you are giving it constitutional status,” he said taking a jibe at the proposal that was included at the instance of Congress general secretary Rahul Gandhi.
Jaitley said his party objected to three “absurd and unworkable” provisions of the bill.
With regard to CBI, Jaitely wanted it to be under the purview of Lokpal with a directorate of prosecution. “An effective Lokpal needs an effective investigating agency like the CBI. You are creating a Lokpal so that it becomes a rudderless institution,” he charged.
He also opposed the inclusion of NGOs and trusts within the purview of Lokpal, saying it was “revenge provision” and would create a system which would be intrusive in the private life.
“I don't think members of this House will support you on this,” the BJP leader said.
On the provision for quota of “at least” 50 per cent for minorities in the 9-member Lokpal bench, he said it was designed to make the law “vulnerable to constitutional challenge”, as somebody could move court.
The government has majority in the 5-member panel that would appoint the Lokpal. And then the power to remove is vested with the Supreme Court, which can be approached only by the government.
“If Lokpal is biased in favour of the government, the beneficiary of the bias will decide if an appeal can be filed against the appointment,” he said.
Jaitley said his party was for a strong and independent Lokpal but opposed a “weak and phoney” anti-graft ombudsman.
Contending the government has brought a weak Lokpal, Jaitley said the House should pass a Lokpal Bill only after accepting the amendments brought by the Opposition for strengthening the institution.
“While passing this law, we have to decide if we will collide with history or write new history,” he said.
“I regret to say this is a half-hearted legislation,” he said adding the legal architecture was not enough to fight corruption.
Jaitley said Lokpal institution has been weakened by the government keeping firm control over investigating agencies like CBI.
“You wanted to make it a toy and then say it has constitutional status,” he said, adding his party was for constitutional status for the Lokpal if the bill does not attack rights of the state.
“There is no contradiction between fighting corruption and the federal system,” he said.
Jaitley also challenged UPA allies if they are willing to strike for a strong Lokpal. “...if they are only willing to proclaim or are they willing to strike,” he said.
Lokpal-Bill-Oppn-Trinamool-firm-govt-may-not-muster-numbers(I HOPE AND WISH... TO AVOID ANNAJI'S TEAMS ONE MORE "BHOOK HARTAL" AND AAM JANTA ON ROAD ONCE AGAIN...PLZ FULLFILL YOUR PROMISES TODAY.LETS ADD AND DECIDE AUTONOMY OF LOKAYUKTA'S SEPRATELY.AS MANY STATES HAS THEIR INDEPENDENT LOKAYUKTA'S ACTIVE WITHOUT ANY CENTRAL INTERFERENCE.SO RIGHT NOW MUST EMPHASISE ON LOKPAL AND PASS IT.COUNTRY NEED TO BEGIN NEWYEAR WITH HOPE AND YOUR ALL PROMISES FULFILLED.PLZ,DO THE AMENDMENTS,CORRECTIONS,ADDITIONS,WEEDOUT INCORRECTS,...ETC. MAKE AN EFFECTIVE LAW AND AUTONOMOUS BODY.BUT FULLFILL TO DO IN THIS SESSION!!PLZ DO EXTRA EFFORT,INVEST EXTRA TIME.BUT DO IT.WE NEED LAW TO REGULATE ANTI-CORRUPTION ACTIONS!!IT WAITED FOR LAST 40YRS...!!INEFFECTIVE BILL WILL AGAIN CREATE A STIR.WE NEED AN EFFECTIVE BILL OR NO BILL.NO TOOTHLESS BILL PLZ.THEIR SHOULD BE A CLAUSE THAT NO INNOCENT SHOULD GET VICTIMISED AND GOT FACE PAINTED BLACK UNNECCESSARY(JHUUTHI SHIKAYAAT)...ON CORRUPTION,BRIBE,SCAM OR BLACKMONEY ISSUE...AS THESE ALL CAN BE NIGHTMERISH FOR ANY PERSON AND THEIR FAMILY MEMBERS...WHO'RE FULL OF INTEGRITY,HONESTY AND SELF-PRIDE!!...ITS MY SUGGESTIONS.LETS SEE IF MY WORDS HAS ANY EFFECT OR IMPACT OR NOT??...ITS MY TEST NOW.
RGDS...VT)
New Delhi The Opposition today slammed the Lokpal Bill saying it would lead to “constitutional havoc” as the Centre would be encouraged to “usurp” rights of states through the provision of setting up of Lokayuktas.
Initiating the debate in the Rajya Sabha, Leader of the Opposition Arun Jaitley criticised the government on the minority quota in the Lokpal bench, the inclusion of NGOs and for keeping CBI out of the purview of the ombudsman.
“If you are creating history, let us not create bad history. We will be leaving a lot of task for the next generation to do,” he said.
He made it clear the BJP would not support the bill in its present form. “Please accept amendments that colleagues have moved,” he said.
Going clause by clause in the Lokpal and Lokayuktas Bill, 2011, Jaitley said the ombudsman was “designed to be vulnerable to constitutional challenge. Let us create an institution which is constitutionally possible”.
Referring to the provision on the setting up of Lokayuktas in the state, the BJP leader and noted lawyer said it would lead to creating “a grey area” by which the Centre can usurp powers of the states. “Why are you creating a constitutional havoc? The government is trying to make constitutional cocktail,” he said.
Jaitley said the government wants to subvert an institution even before its creation. “You want to kill it in the womb,” he alleged.
“You wanted to create a phoney Lokpal, and create a smokescreen that you are giving it constitutional status,” he said taking a jibe at the proposal that was included at the instance of Congress general secretary Rahul Gandhi.
Jaitley said his party objected to three “absurd and unworkable” provisions of the bill.
With regard to CBI, Jaitely wanted it to be under the purview of Lokpal with a directorate of prosecution. “An effective Lokpal needs an effective investigating agency like the CBI. You are creating a Lokpal so that it becomes a rudderless institution,” he charged.
He also opposed the inclusion of NGOs and trusts within the purview of Lokpal, saying it was “revenge provision” and would create a system which would be intrusive in the private life.
“I don't think members of this House will support you on this,” the BJP leader said.
On the provision for quota of “at least” 50 per cent for minorities in the 9-member Lokpal bench, he said it was designed to make the law “vulnerable to constitutional challenge”, as somebody could move court.
The government has majority in the 5-member panel that would appoint the Lokpal. And then the power to remove is vested with the Supreme Court, which can be approached only by the government.
“If Lokpal is biased in favour of the government, the beneficiary of the bias will decide if an appeal can be filed against the appointment,” he said.
Jaitley said his party was for a strong and independent Lokpal but opposed a “weak and phoney” anti-graft ombudsman.
Contending the government has brought a weak Lokpal, Jaitley said the House should pass a Lokpal Bill only after accepting the amendments brought by the Opposition for strengthening the institution.
“While passing this law, we have to decide if we will collide with history or write new history,” he said.
“I regret to say this is a half-hearted legislation,” he said adding the legal architecture was not enough to fight corruption.
Jaitley said Lokpal institution has been weakened by the government keeping firm control over investigating agencies like CBI.
“You wanted to make it a toy and then say it has constitutional status,” he said, adding his party was for constitutional status for the Lokpal if the bill does not attack rights of the state.
“There is no contradiction between fighting corruption and the federal system,” he said.
Jaitley also challenged UPA allies if they are willing to strike for a strong Lokpal. “...if they are only willing to proclaim or are they willing to strike,” he said.
Parallel economy in Dharavi slums: Economic output estimated to be more than $1 billion-29 Dec, 2011
29 Dec, 2011, 10.17AM IST, New York Times
Parallel economy in Dharavi slums: Economic output estimated to be more than $1 billion
MUMBAI: At the edge of India's greatest slum, Shaikh Mobin's decrepit shanty is cleaved like a wedding cake, four layers high and sliced down the middle. The missing half has been demolished. What remains appears ready for demolition, too, with temporary walls and a rickety corrugated roof.
Yet inside, carpenters are assembling furniture on the ground floor. One floor up, men are busily cutting and stitching blue jeans. Upstairs from them, workers are crouched over sewing machines, making blouses. And at the top, still more workers are fashioning men's suits and wedding apparel. One crumbling shanty. Four businesses.
In the labyrinthine slum known as Dharavi are 60,000 structures, many of them shanties, and as many as 1 million people living and working on a triangle of land barely two-thirds the size of Central Park in Manhattan. Dharavi is one of the world's most infamous slums, a cliche of Indian misery. It is also a churning hive of workshops with an annual economic output estimated to be $600 million to more than $1 billion.
"This is a parallel economy," said Mobin, whose family is involved in several businesses in Dharavi. "In most developed countries, there is only one economy. But in India, there are two."
India is a rising economic power, even as huge portions of its economy operate in the shadows. Its "formal" economy consists of businesses that pay taxes, adhere to labor regulations and burnish the country's global image. India's "informal" economy is everything else: the hundreds of millions of shopkeepers, farmers, construction workers, taxi drivers, street vendors, rag pickers, tailors, repairmen, middlemen, black marketeers and more.
This divide exists in other developing countries, but it is a chasm in India: Experts estimate that the informal sector is responsible for the overwhelming majority of India's annual economic growth and as much as 90 percent of all employment. The informal economy exists largely outside government oversight and, in the case of slums like Dharavi, without government help or encouragement.
For years, India's government has tried with mixed success to increase industrial output by developing special economic zones to lure major manufacturers. Dharavi, by contrast, could be called a self-created special economic zone for the poor. It is a visual eyesore, a symbol of raw inequality that epitomizes the failure of policy makers to accommodate the millions of rural migrants searching for opportunity in Indian cities. It also underscores the determination of those migrants to come anyway.
"Economic opportunity in India still lies, to a large extent, in urban areas," said Eswar Prasad, a leading economist. "The problem is that government hasn't provided easy channels to be employed in the formal sector. So the informal sector is where the activity lies."
Parallel economy in Dharavi slums: Economic output estimated to be more than $1 billion
MUMBAI: At the edge of India's greatest slum, Shaikh Mobin's decrepit shanty is cleaved like a wedding cake, four layers high and sliced down the middle. The missing half has been demolished. What remains appears ready for demolition, too, with temporary walls and a rickety corrugated roof.
Yet inside, carpenters are assembling furniture on the ground floor. One floor up, men are busily cutting and stitching blue jeans. Upstairs from them, workers are crouched over sewing machines, making blouses. And at the top, still more workers are fashioning men's suits and wedding apparel. One crumbling shanty. Four businesses.
In the labyrinthine slum known as Dharavi are 60,000 structures, many of them shanties, and as many as 1 million people living and working on a triangle of land barely two-thirds the size of Central Park in Manhattan. Dharavi is one of the world's most infamous slums, a cliche of Indian misery. It is also a churning hive of workshops with an annual economic output estimated to be $600 million to more than $1 billion.
"This is a parallel economy," said Mobin, whose family is involved in several businesses in Dharavi. "In most developed countries, there is only one economy. But in India, there are two."
India is a rising economic power, even as huge portions of its economy operate in the shadows. Its "formal" economy consists of businesses that pay taxes, adhere to labor regulations and burnish the country's global image. India's "informal" economy is everything else: the hundreds of millions of shopkeepers, farmers, construction workers, taxi drivers, street vendors, rag pickers, tailors, repairmen, middlemen, black marketeers and more.
This divide exists in other developing countries, but it is a chasm in India: Experts estimate that the informal sector is responsible for the overwhelming majority of India's annual economic growth and as much as 90 percent of all employment. The informal economy exists largely outside government oversight and, in the case of slums like Dharavi, without government help or encouragement.
For years, India's government has tried with mixed success to increase industrial output by developing special economic zones to lure major manufacturers. Dharavi, by contrast, could be called a self-created special economic zone for the poor. It is a visual eyesore, a symbol of raw inequality that epitomizes the failure of policy makers to accommodate the millions of rural migrants searching for opportunity in Indian cities. It also underscores the determination of those migrants to come anyway.
"Economic opportunity in India still lies, to a large extent, in urban areas," said Eswar Prasad, a leading economist. "The problem is that government hasn't provided easy channels to be employed in the formal sector. So the informal sector is where the activity lies."
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