Showing posts with label ESSAY. Show all posts
Showing posts with label ESSAY. Show all posts

Have the CBI -lost teeth?

  Does C.B.I.  mean Central Bonded Investigation agency !



Public confidence in the Central Bureau of Investigation (CBI), which had gone up in the wake  of the successful investigation and prosecution of the cases relating to the assassination of Rajiv Gandhi in May 1991 and the Mumbai blasts of March 1993, has taken a series of beatings during 2010. The Government of
http://t1.gstatic.com/images?q=tbn:ANd9GcSl-ceru1juuXJ8AMMGlkCzjGa_DgWQTW_AR6vtCTOgum2aiUXtTwDr Manmohan Singh has been watching helplessly as the CBI is coming to be viewed increasingly by growing sections of public opinion as a highly unprofessional and politicized agency with neither the will nor the capability to improve the quality of the investigation and prosecution of the cases entrusted to it.

The intriguingly belated response of the CBI to the investigation of the major corruption cases of 2010 entrusted to it has rightly or wrongly created an impression in the minds of the  public that instead of guarding its reputation  as the leading investigation agency of the country, it has let itself become the leading cover-up agency. Neither the  senior officials of the agency nor the Prime Minister’s Office and the Cabinet Secretariat have come out with a convincing explanation as to why the CBI moved and continues to move  with disturbing slowness in taking the necessary investigative steps such as raids of the houses and offices of the suspects, freezing of their bank accounts and their interrogation in the cases relating to alleged corruption in  the conduct of the Commonwealth Games and  the handling of the 2G spectrum by A.Raja, former Minister for Telecommunications. The public cannot be blamed if it concludes that the CBI’s objective seems to be not to find out the truth, but to cover up the truth for a sufficiently long time till public memory and outrage over the extent of corruption dissipates.

One saw during 2010  surprising instance of selective leaks to certain sections of the media of some of the tapped telephone conversations of Niira Radia, the lobbyist. Those sections of the tapes which would have contained evidence of criminal wrong-doing have been carefully protected from leakage to the media, but certain sections which had no evidence of criminal wrong-doing, but merely contained material tending to damage the personal reputation of certain eminent persons were leaked to the media by unidentified elements with a suspect motive.

Though the tapping was reportedly authorized at the request of  agencies dealing with tax evasion and money-laundering, the CBI most probably had an interest in the tapping in connection with its investigations. It had an obligation to maintain the confidentiality of the intercepts in order to protect the right to privacy of innocent persons. By failing to meet this obligation, the CBI and other agencies involved have let their reputation for professionalism be damaged.

The end of the year saw  yet another blow to the reputation of the CBI when it moved the Ghaziabad Special Court on December 29 for permission to close the case relating to the alleged murder, under mysterious circumstances, of Aarushi, the 14-year-old daughter of Rajesh Talwar and Nupur, a dentist couple living in Noida near Delhi on May 16,2008.

The case was initially mishandled by the UP Police. It was handed over to the CBI on June 1,2008. Public expectation that the CBI, being a reputed professional agency with better capabilities and investigating skills than the UP Police, would unravel the mystery behind the murder and identify, arrest and prosecute the culprits has been belied. The CBI has moved for the closure of the investigation on the ground that it has not been able to make any headway in the investigation and there are no prospects of its making any headway in the future even if it continued with the investigation.

The murder of Aarushi and the subsequent death under mysterious circumstances of a domestic assistant of  her parents had shocked the public. The public was equally shocked by the wildly contradictory accounts of the investigation by the Police and the CBI that were leaked out to the media without any regard to the reputation of Aarushi. The allegations, if true, made by her parents that they were not kept informed by the CBI of its decision to move for the closure of the investigation has shown shocking insensitivity on the part of the CBI.

The lethargic handling of the cases relating to corruption has created strong suspicions in the minds of the public that the CBI’s investigation has been influenced by political considerations. If true, this indicates a politicization of the agency to a degree unsuspected till now. The CBI’s apparent cluelessness in the Aarushi case speak of a worrisome deterioration in the investigation skills of the agency and in the quality of the supervision over its work.

What is even more disturbing is the seeming indifference of the Government to  public criticism of the functioning of the CBI in relation to these and other cases. There has been no attempt on the part of the Government to take the CBI to task for the way it has handled these cases and to convince the public that it has tightened up  the monitoring of the work of the CBI.

The CBI has come under criticism from time to time since the days of the State of Emergency imposed by the Indira Gandhi Government in 1975. The enquiries ordered by the Morarji Desai Government after it came to office in 1977 brought out many instances of serious misdeeds by the CBI during the Emergency. The CBI’s performance again came in for strong criticism during the enquiry into the Bofors scandal in the 1980s. There were allegations even then as there are now that the CBI acts not as an investigating agency, but as a cover-up agency doing the bidding of the party in power.

These criticisms have not led to a comprehensive enquiry into the functioning of the CBI either by a group of eminent professionals with untarnished reputation or by a Joint Parliamentary Committee. The CBI reportedly submits every year a report on its work during the year. These reports hardly figure in debates either in the public or in the Parliament.

The Chinese Government has issued a White Paper--the first of its kind--on December 29 on corruption in China and how the Government has been dealing with the problem. Even in an authoritarian country like China, the Government has felt the need for convincing the public that it is aware of their concerns over  corruption and that it is alive to the need for dealing with the problem in a manner that brings satisfaction to the people.

Despite India being a democracy with its Government supposedly being accountable to the people, the Government has shown a shocking lack of concern over public criticism of the functioning of the CBI and over evidence of a general institutional decay which has permitted corruption to thrive. Public opinion should force the Government to institute a comprehensive enquiry into the functioning of the CBI and initiate measures to restore its image in the eyes of the public.

The indifference of the Government to the institutional decay should not be tolerated by the public.

B. Raman is Additional Secretary (retd), Cabinet Secretariat, Govt. of India, New Delhi, and, presently, Director, Institute For Topical Studies, Chennai.

Source -- Outlook

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Do Elections make a difference?

the CNN-Youtube Republican DebateImage via Wikipedia

Sunday Debate

Mr A The present elections in India have been accompanied by a huge media campaign that one must vote and participate in the political process. An urgency of sorts was generated because of the terrorist attacks in Mumbai. Citizens turned out to hold candle light marches amidst total disgust with our leaders. A feeling was generated, at least in the media, that people should vote and elect the leaders whom they liked. The question that was asked was: if people don’t vote, do they have the right to protest against their leaders? Yet, voter turnout has not been too inspiring. It would seem that people have gone back to their lives and do not care about voting. From the point of view of majority of voters, they don’t care two hoots for their leaders, perhaps because they know that things will not change, whether or not they vote. That is the background of this debate: do elections make a difference to people? Has the political process left out the aspirations of the people?

Mr B I would say this is not the case. Elections do generate a lot of excitement in the country. People are interested in the political process. Otherwise how do you explain the great reversals in elections: the loss of Indira Gandhi despite her huge popularity? Closer in time, who could have thought that the BJP would be wiped out in the last elections despite being led by a stalwart like Vajpayee? So it is wrong to say that elections do not make a difference. People do see and analyse the policies of their government and are able to vote and seal the fate of leaders who have let them down. This time also it will not be any different. I would say that most people keep watching silently, at least the majority. These people do not speak on television debates but have a strong opinion of their own. If elections do not make a difference, how would you explain the great electoral reversals that we have seen in the past?

Mr C I agree with your point of view, but if you go beyond electoral reversals, you will see why there is voter apathy. Actually there is no choice before the voter. Whether it is BJP, Congress or the Third Front, they all are the same. Whether we choose one or the other, we know that there is no party in India that can tackle the issues confronting the people of India: corruption, caste-based reservations or affordable education and healthcare. Rather than talk about these issues, every party is spewing forth poison against one community or the other. Even the young leaders are no better, as was shown by the Varun Gandhi episode. Parties are talking about the Kandahar episode or the demolition at Ayodhya—unfortunately these are not issues that affect the people. The electoral process in the country has fragmented the population in a way that even the British could not. Can you blame the voter that he is apathetic? Vote or not, he knows that he will have to pay a bribe to get things done from a government office. So I would say that elections in India is a wasteful exercise, because nothing changes for people.

Mr B The problem also is with the fact that we do not know whom to vote for. Since no party is able to get the majority, the scramble for MPs starts after the election. It is usually an ugly spectacle, with small parties offering themselves to the highest bidder. The party that emerges with the majority does not have voter mandate, so actually the vote of the people goes waste. For example, in one of the earlier elections Mr Hegde was able to emerge as the Prime Minister of the country, even though none of us knew his name before the elections. In the last elections, the Congress was able to patch up a majority and pulled out Manmohan Singh as the country’s leader, as if from a magician’s hat, because he was seen as a humble and obsequious to the party president. He was the non-controversial candidate who would not rock the boat by taking decisions on his own, and the arrangement served the party well. The BJP had done the same—it installed Vajpayee because he was the non-controversial, liberal face of the party, but it did not change its colours and was defeated. So I would say that the electoral system is flawed. We don’t know our leaders, we don’t know who will be chosen by the parties when the voting is done, we don’t know the policies that the government will make. So what’s the point of the elections?

Mr D Elections are the backbone of our democracy. Even if the system is flawed, can we say that elections do not make a difference? Look at the countries that do not have elections: they are dictatorships or ruled by armies. Whatever the flaws, I am glad that we are not in that category. We may not have a part to play in selecting the Prime Minister, but we certainly have the power to throw out leaders whom we do not like. That is quite a big thing. We are counted today with great countries like USA, UK and France, because we are all democracies. We have citizen and human rights, unlike people in China and Russia. There is accountability of the elected leaders towards the electorate. We cannot and should not wish it away. Despite all the flaws, elections do serve a very important function.

Mr E I think none of us have any problems with the democratic system in our country. A democratic system is definitely better than any other political system. However, the problem is that the system has become so corrupted that voters are turning away from it. You cannot subscribe to the argument that we deserve the government that we get because we don’t vote. The point is that even if we vote, we cannot remove criminals from politics, we cannot make the government act when we are attacked, we cannot remove the policeman who demands a bribe from us, we cannot even meet our Prime Minister and express our concerns because of his heavy security. What kind of democracy is this?

Mr A I agree with you. Our leaders preach development but encourage people who beat up girls wearing jeans or going to pubs. They play the caste and religion card. So where is the choice? Whether we vote or not, these things are going to stay. That is why we say that elections do not make a difference. Perhaps the answer to this riddle is that the political system should be reformed. No big reforms are needed, just implementation of existing laws. Parties fielding criminals should be banned, parties asking for votes on caste or religion propaganda should also likewise face penalties. Parties should also declare their leaders before the elections and make their position clear in terms of patching up with regional powers before the elections. Without such considerations, you cannot blame the people of India from turning away from the electoral process.

Mr B The voter is quite helpless. All he can do is to hold candle-light marches. The system remains exploitative. Instead of electing leaders who can represent us in Parliament, we are forced to elect leaders who treat their term as an opportunity to enjoy the privileges of power and to amass wealth. You can say that we have the power to throw them out—and we do—but is that the purpose of voting? Somewhere along the line we have forgotten that the purpose of democracy is to elect leaders who can represent our concerns, instead we are forced to vote for regressive people who come out with strange policies like banning English, beating up people for wearing a dress they disapprove of, or declaring that a particular city is for people of a certain State.

Mr C A lot of interesting points came up for discussion today. I think we all agreed that there is apathy among the people and we also know that voting will not change the exploitative system. So, while we are not against the democratic process, all of us feel that if some basic laws are implemented, people will be more willing to take part in the political process. The voice of the people has been lost in the electoral din. It is time it is recovered, to save our democracy. We want to be a vibrant, modern country, but our leaders are holding us back by talking about caste, region and religion. If we can eliminate these three non-issues from the political life and are able to get a leader who can address the real issues of the people, I am sure that people will respond to him. Unfortunately, for the past many years we have not had even one leader who could rise above narrow electoral gains to address the issues affecting people. That is why people feel that elections do not make a difference. I just hope that some leader realizes this in the future and puts us on the path to growth, as also above all narrow non-issues.

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Lecture by Prof. Yogendra Kumar Alagh on the subject of “Security and Governance in a liberalizing economy”(very long post but its concrete:))

special offerImage by B. Sandman via Flickr

I am really grateful to the BPR&D for inviting me to deliver Dr. Anand Swaroop
Gupta Memorial Lecture. Since the Police Commission Report and before it, the Indian
Police have had traditional thinking policemen who have made seminal contributions to
the difficult task of maintaining security in a large and a very fractious open democracy
whereas, the Hon’ble Patil knows, permanent protest is a way of life, as the ads of the
incredible India Campaign says everyday. The media is correctly exacting in a
democracy and largely reporting failures to keep all of us on our toes. However, the salt
of the earth are those who just do their jobs well and have the satisfaction of doing it.
While remaining un-surge as Vice chancellor of the Nehru University, I remember Mr
Rao, a senior Police Officer of the Delhi Police, approached me for cajoling forcing a
crowd agitating student not to linch two eve teasers. A large force was kept outside the
North Gate of the Campus, just in case we need. He wrote a case to local authority on
police working together and lifting me, an admirer of crowd control, of cases not reported
in the Press.
Thanking you for inviting me on an occasion to honour policeman like Dr. A S
Gupta.
India is a large federal democracy and is in a questioning mode on government
structures. Many of our established institutions are being questioned. The notion which
the Press sometimes carries that all our problems can be traced back to political
governance and civil service mechanism, I believe, is incorrect. Change has been rapid,
expectations are high, technological and economic compulsions are severe and system
performance of an incremental kind, seems unacceptable. The country use to experience
the freedom movement and the post-Independence decades with idealistic goals is not
coming fully to grips with the operational and functional aspects of coalition
governments and decentralized institutions. In one’s work, dominating trends in relations
to the governance can be seen. Somewhat tentatively I would propose:
There will be a much greater emphasis on the rights of individuals in groups including
participatory forms of decision making. This will demand greater fairness and self-
restraint in the use of Government power. There will be a greater demand on
transparency and the right to information.
To assitate withdraws from direct delivery, governance would need to establish a
regulatory function for the functioning of the economic and social sectors. But also it
must lay down the institutional framework, incentive mechanisms and disincentive
mechanisms not under the words nice bouquets but also punishments, which the Police
does for those who do wrong things. So police is important and the Government
structures for civil society institutions to functions like centralized local institutions,
government co-operatives, NGOs and newer mixed forms of smaller organizations. Long
renewable resources will be far more severe. Scarcities of water, land, energy
sustainability concerns will be acute.
There would be much greater demand for protecting vulnerable groups either
historically under-privileged or the new, which will be the victims of globalization and
marketisation. Concerns for human rights and particularly of specific groups such as
women, children, minorities, adivasis, mentally challenged, these would be important.
Modern technology, which will have at our command, will be seen as providing
cutting edge knowledge based solutions to all these scarcities and problems. There will
be greater use of Information Technology, bio-technology, systems networking, new
materials outsourcing and largely to teaching management responses.
And finally I see thoughtful groups seeing security concerns becoming more and
more acute. I was saying this even before September 11. Arising from the socio-
economic and political dicotism when the world is facing and the resulting tensions also
from the more basic issues of food, energy, security, water security and the institutions to
do this.
I wrote a report on the ‘Examination and Training to reforms of the higher Civil
Servants’. Some of the Press people said that I was very critical of the IPS/IAS and the
IFS. Actually, the critical part of the report was written by a Senior Civil Servant.
Quote from the summary of the Report, as released by the UPSC
“Indian Political System at civil service produce some extraordinary/ordinary
women and men. They have been persons of letters of arts of history. They have
conceived and implemented green revolutions, given extraordinary idea to health
education and literacy. They have protected the tribal and the dalit, fashioned
his/her rights and fought for them. They have developed new concepts of finance
scrutiny and audit of public expenditure. They have given impetus to scientific and
correctional research. They have fashioned and followed through nation’s global
agenda. They have followed through its deepest dreams of multi-religious, multi-
ethnic society, as narrated from its freedom struggle by both creatively its
democratic and reconciliatory edifice and fighting those who have been destroyed
by the violence. They have been at the heart of the young democracy, struggle for
fashioning the velvet glove and the mailed fist. There have been men and women in
India at the highest echelons of ruling classes who have been scrupulous on the use
of every paisa of public money whose picture has never been published in the
newspapers at public expenses. They have, however, been the exception and not the
rule and what we have to do is to see to it that they become the Rule that is the
challenge in the next round. Now India is growing fast. Its growth is most stable
and its growth is fast.”
During the last month, both the International Monetary Fund and the
Harvard Economist have said the same thing. In the paper given to the Bureau, I
have given a table which was presented at the G-20 by a group arguing that India
and China should be a part of it of which CGA Canada has shown that India is now
a fourth largest economy in the world. We are no longer fifth or sixth and really the
issues which I am talking about are important. Now the Economic Survey says
growth has become a habit from 1979 which I have been saying a year and as I
have told now the world has accepted it. But if it is becoming a habit, your habit is
to grow up around six percent. In fact in the Eighties, we grew a little faster than in
the nineties. And if we want to make number three, then we should be growing at 7-
8 percent, which is what the Prime Minister and the others have said recently. In a
study which Tariq have done for the Planning Commission and I have done for the
UN, we have showed that if we want to grow from 6 to 8 then today what happens is
that for every rupee that you invest, you produce one third of a rupee and that has
to rise to 40 paise. The first thing is productivity of the investment has to rise. The
second thing is that you have to be a larger part of the world trade and the third is
that you have to save more. Countries like China are saving 10 percent more than
us. And all of this has to do with the Police, with the more functioning system, the
Civil Service and so on. Now first, the Changing Role of the State – the State is not
going to deliver steel or heavy machinery and all, which was set as the objective,
which the young lady said when I was Advisor in the Planning Commission or a
Member. The State in the next round will be a facilitator and an arbitrator and will
be a Champion of Reform and that means a very different Police from the Police of
the Civil Service that we have in the last thirty years. And these are the problems
which I address to myself. The first is the whole question of my lecture in which I
used a Latin phrase translated into English “Who will guard the Guards?” which is
the first issue. I am so happy that the Prime Minister has mentioned and I am sure
the Home Minister is very keenly involved in all of these exercises. Appointment at
the highest level to regulatory bodies to Public Sector Agencies. I can give you one
instance. When I was the Power Minister, my Secretary was the person who
became later on the Principal of the Administrative Staff College of India and Sir as
you know in the last Government he filed the case against the Government for an
incorrect decision on the Chairman of the Central Electricity Regulatory Body.
Because we had laid down very strong requirements because it is in these kinds of
appointments that you can give either right or wrong signals and Sharma had put
down criteria as to what are the kinds of factors that should be there in this
appointment. As soon as the man leaves we had an identifying spectacle of some
very senior people wanting to get that position. I gave him out printed speech the
Act of Parliament where we have put into these conditions that I had to exchange in
the final Ordinance that was not there. So the kinds of issues which have been
talked about right now ‘appointment at the highest level’ is an extremely serious
issue. Together with that you have the whole question of the ‘Recruitment and the
Training of the Civil Service’. Now most of the reform that is being talked about
now by various groups goes back to the Committee that I chaired in the UPSC
about three years ago. A large number of very distinguished people worked both
with the committee as well as outside. The Hon’ble Kalam gave me days of his
work, designed a new testing procedure where the psychological testing procedures
of the Army are adapted to the Civil Service in the Police because it was found that
there was lot of arbitrariness in the existing procedures in terms of relationships
between the results of the written test and the Interview. Those things the UPSC
have already implemented some of them and the others will be implemented. But
the other issue was as we looked ahead we saw all the problems which I talked about
with you, it is very clear that you do not just want people to read what is there in the
University system and regurgitate it but what you want is a kind of young civil
servant to whom you can train later on but she or he must show aptitude for
governance and governance now is not just a question of hitting somebody on the
head or regulating him. Governance will now be a question of networking of
championing reform, of building up institutions, which will solve problems. Now
those issues then mean that you need a different kind of Civil Servant. In the world
over this is happening. And the kind of exam which we have now, came from
England is no longer there in England because they have moved in a very big way to
management and other subjects but in France which the Prime Minister apparently
says that the Home Ministry would like to copy, is a very good idea. What are the
things they are looking for? They are looking for people who have an
understanding of rights of laws of the emerging environmental scarcities of the
ability to network, to be able to manage things together, to become more powerful
by giving away powers but by coordinating the ability to use technology. There are
some people whose brain is developed in such a way that they are not
technologically savvy. Now that is not the kind of person you want in the Civil
Servant of tomorrow. You can always train her or him in Microsoft or whatever E-
mail that whether the person’s mind left side or right side is developed in a
particular way is important. So these are the things that we said. But then we also
said and people/policemen like Mr. Rebeiro and other have been saying it. Look it
is not just important to have the best youngsters. In any case you get very good
youngsters. I am totally convinced of that. In a three lac people who apply, even if
you have the worst possible examinations system, if you take 200 people, they will be
extraordinary. Anyone of you who has come to the higher service as Civil Services
and extraordinary persons as far as I am concerned, a former Vice Chancellor of
the JNU one lac kids applied at a 1000 and I know what my girls and boys were like
and I mean they have the ability to stand up with the best in the world. The issue is
what do you do with them? And so these kinds of issues. We know that the best
struggler remain the best but what about the average. It becomes 30. So you start
learning to compromise. Now the question is, the management issue is that you
don’t get into all of this. We had a set of policies which have been released in
summary form, but I am sure the report will be available some day and the others
have talked about it, Mr Hota and others will have said. After ten years, look at the
person. Let them specialized broadly on this. Some policemen have been very
angry on me that ‘aap bolte hein we are not IAS Officers’. That is not that I said.
What the Committee said was ‘some kinds of people will have a security orientation.
Others will believe in numbers. Others love to see a University. So put them in
special area, health, education. So decide on a broad kind of specialization after ten
years. Then we said give them the best training in the world. But let them have to
face the music they have to perform. They cannot live by being the authority of
‘Saheb’. Having been to the Secretary to the Government I know what does it
means? Carry on in the emerging period. Let them realize that they have to earn
through networking, through resourcing. Let there be a full review of the persons
by his peer group, by his superior, which has done his confidential report, raise a
proposal, which is very controversial. In the Press we said ‘the public should also be
able to evaluate an officer’. Any SP will put some smugglers in jail and those
brokers will organize a negative protest. It need not be like that. In universities
where the students evaluate their teachers, Mr. Khanna said ‘you can have a group
of senior, who are in the community, who see to it that if there is public evaluation,
it is done in a fair manner’. But you must get feed back on what the officer is all
about. But then there are simpler things which you should be doing in any case.
How can you transfer people? I am so happy that the Prime Minister/Home
Minister have written to the Chief Ministers saying that you cannot do arbitrary
transfers just as you cannot make arbitrary appointments in Public Sector Agencies.
When I was Power Minister I was so fed up with pressures that I set a committee
under a member of Planning Commission, which would advise me on appointments
in PSUs. And that is the structure we put in the Electricity Regulatory Body. So we
made a proposal that if you make an unusual transfer, say less than three years, the
Minister should be required to put on file the note that what is the public interest
which required that this man should be transferred. Because one should do that
and then you will have much less of this arbitrary business that a young man stands
up to somebody in authority. All of these issues are extremely important and in the
next round we must do them.
We are suggesting that the French System should be used and I had been a
visiting professor in politics which is like the Lal Bahadur Shastri Academy or your
Academy at Hyderabad. I think the French system to the extent says involve law,
involve environment, involve technology, management strategies. But France is a
different country from India. It is a highly centralized State. Everybody’s
responsibilities and everybody’s rights are laid down. We are a different country.
They take people after school. But their schooling and our schooling is different.
The point which a psychologist made to the Alagh Committee that for the Army you
might take youngsters but for the Civil Service you will need persons who are
somewhat matured, is a valid point. Change your course-curriculum, see to it that
they are in those skills which you require and the Universities will also help them in
picking them up and choose the best input by training institutions, which should be
globally competitive. These are the kinds of changes that we have to get through.
Now the other question is technology. Technology, the real question in the next
round, we have very good mission oriented technology. We provide enough
resources and supported our scientists have done marvelously well. Whenever we
say this go and do it here is the money, they will do it. That is mission orientation.
That is not the nature of technology today. Technology today is the question of
integrating different skills in a way such that you solve field-oriented problems.
And the technology can do it in a way such that it could not do 20 years ago. I did
not have that choice when I joined Planning Commission. You do have that choice
right now. You can use technology to solve day-to-day problems. This is a question
of networking because the new technology is very friendly to each other.
Computerization, modern communication, modern materials – they reinforce each
other. But that is only possible when you know how to put them together to solve
the problem. Also they are scaled neutral. There is no reason why the most
advanced technologies in the world cannot be there at the level of a Thana. You can
really adjust modern technology but it needs a different mindset. And I would
suggest that the Bureau of Police Research and Development have given some more
thought to this in my published lecture. Does a project on ‘how does one set up
these systems so that some of the impending problems we know we are going to face
in security regime are solved’.
Another problem that I see is that as we go through globalization the rules are
going to change and the law is going to change. For the price fixation, you have rules
which do not worry about the actual cost. In fact any pricing rule which says that the
actual cost of a product is to be given is now a bad rule because what it is doing is
protecting an inefficient person. So you try to build an inefficiency pricing. If somebody
does that in an honest way and you turn back to him and say you are not fair because
your mindset is 20 years earlier then you are not understanding the nature of the de-
regulation that we are doing. So you have to be very fast and need very high level of
expertise not just technology.
Life is going to be very bad for you. Scarcity of energy in land and water is going
to be a part of your regime in way such that was in my regime. You will not be able to
live off the land. As Police and as Civil Service you will have to learn with those
scarcities. The legal environment is going to be very very different. The rights of the
individuals are going to be very important. You will have to protect them. The rights of
the minorities, the rights of the women, the rights of the dalits, the rights of the adivasis
and that is going to be the responsibility of the police and it is going to be a part of law.
Environmental law is coming on its own. You cannot just go and cut a tree. I
cannot cut the trees I have planted because the Forest Officer tells me that you are
breaking Forest Law. You will have to be very sensitive to these kinds of requirements.
What are the attributes required from the system, which would include amongst
others :
A sense of vision and direction in which Indian socio-polity is moving including its very
diverse cultural plurality.
An ability to appreciate some of the real scarcities that are emerging as also the strengths
of civil society. The fact that most of us are law abiding, good people, to cope with them
up, these kinds of strengths we must build up. These are important as India is still going
in a developmental phase. We are going from point 4 to third. We have to become third.
We are in a critical phase in the world history. If we good now, we will become number
six. We will have been a history. The world has changed. When I was a member of the
Planning Commission, the Prime Minister said do whatever you want to do. Today you
have got a 116 billion dollars. You are fitting at the doors of greatness.
You are also saying that you going to do something different of a plural society. Great
cultures always think of pluralistic development going back into the history. So China
and India cannot be the small culture. Otherwise we will become the third biggest in the
world but we will have no message to give. The inheritance taken from Gandhi and
Budha must have to be filled. You must have an ability to interface with the modern
technology which provide a cutting edge to many solutions. At higher levels of the
system there must be an ability to network with Panchayats, with NGOs, with
cooperatives, and professionals and people’s organistions. There has to be a sense
rugged professionalism the heart of a good policeman, persistence and talkedness in
pursuit of objectives and an urge to champion beneficial change. The energy to pursue
such objectives, a sense of fair play of honesty of political and systenic support, a
compassion to the poor who will be the victim of marketization. But we have to take care
of them.
Above all a commitment to India as it was thought of by its founding fathers.
So these are the messages that I have to give. There are many sad stories I could
have talked about but I am an optimistic kind of a writer and with the Government whose
objectives I show fully I want to end with an optimistic note.
Thank you very much.

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Can National action plan on climate offer the solution?

Though the National Action Plan on Climate Change document details objectives, strategies, plans of action, timelines,  and monitoring and evaluation criteria, of the eight missions, some experts believe that its implementation is getting  delayed

GROWING INTERNATIONAL pressure to cut down its overall greenhouse gas emissions led India to come up with a roadmap detailing ways and means to mitigate the effects of climate change. The National Action Plan on Climate Change (NAPCC) was released in June 2008, a year after it was announced.
The action plan addresses eight specific areas, including the optimum utili sation of solar energy instead of fossil fuels like coal in the national energy grid.

Using recycled materials and designing buildings which are more airy and use solar energy, is also part of the action plan. Tapping solar energy for power generation is a highlight of the action plan.

The national action plan aims that by 2017, most of the households in urban areas, industries and commercial establishments should start utilising solar power. Through solar power, the country would bring down its dependence on fossil fuel energy sources like thermal power.

Another area highlighted in the NAPCC is promoting energy efficiency in the residential and commercial sectors, along with bringing down electricity consumption in residential and commercial areas. Estimates are that in a typical commercial building in India, around 60 per cent of total electricity is consumed for lighting, 32 per cent for space conditioning, and 8 per cent for refrigeration. Promoting the use of public transport over personal vehicles is also underlined in the NAPCC.

Another area highlighted is providing adequate water for all through the efficient use of this crucial resource. India wants 20 per cent improvement in water use efficiency through pricing and other measures to deal with water scarcity as result of climate change.

One of the worst hit due to climate change is the Himalayan Ecosystem, including glaciers. With increase in temperatures, glaciers have started melting.This has set alarm bells ringing in coastal areas which could get submerged.Sustaining the Himalayan ecosystem is a highlight of the NAPCC.

Afforestation is also one of the eight NAPCC missions.

The Centre proposes to plant trees in six million hectare of degraded forest land. Trees provide oxygen and taken in CO2.

In the area of agriculture, the national action plan aims to support climate adaptation in the sector, through the development of climate-resilient crops, and expansion of weather insurance mechanisms. The last of the eight missions under the NAPCC emphasises gaining better understanding of climate science, the impacts of climate change, and the challenges that lie ahead.


The NAPCC received a mixed response. Some find in it India's answer to the growing pressure on developing countries to accept binding emission norms. But a criticism is that it lacks urgency.
According to the Worldwide Fund for Nature (WWF), the action plan is "fairly comprehensive". But the South Asia Network on Dams, Rivers and People has said the NAPCC lacks urgency and the equity perspective.

The organisation has criticised the Water Mission, saying attempts to push for more big dams, irrigation projects, hydro-power projects, and interlinking of rivers will prove to be futile.

The government, on the other hand, is sanguine about the long-term impact of the eight missions under the NAPCC, and has announced that necessary funds would be available to them.

Though the NAPCC document details objectives, strategies, plans of action, timelines, and monitoring and evaluation criteria, of the eight missions, some experts believe that its implementation is getting delayed.

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Drinking

The infamous Badger LiqourImage by jremsikjr via Flickr
“Drinking is responsible for many social evils. To solve most of our social problems, prohibition should be enforced in the country.” Give arguments For and Against this view.

The Directive Principles of the State Policy provide that the State should strive to take steps to enforce prohibition in the country. But this may be the only Directive Principle which most of the State governments have not implemented. The reason is that a very significant volume of State revenues is made up of State Excise Duty, coming mainly from the sale of liquor. In most of the States, State Excise Duty contributes 20 to 30 per cent of the total State revenues and is the second largest contributor to their revenues. On the other hand, one school of thought believes that it is the increasing consumption of liquor in Indian society that is responsible for many social crimes and evils.

Arguments For the View
(a) The framers of the Constitution were extremely influenced by the Gandhian views about prohibition. The views of the framers of the Constitution must be honoured by enforcing prohibition.

(b) If a State like Gujarat can survive financially despite the loss of State Excise revenue, any other State can do so. It is a matter of political and bureaucratic will and nothing else.

(c) Many social evils like wife beating, eve teasing, rapes and murders prevail in Indian society mainly because of liquor. Most of the road accidents occur because the drivers of the concerned vehicles are under the influence of liquor at the time of accident. Hence, there is an urgent need for prohibition.

(d) Drinking results in reduction in the disposable income of the low-income groups and the sum that could be spent on nutrition and health care of the entire family is spent on drinking by one member of the family. The ill effects of drinking also affect the health of the drinkers later in their lives. Hence, social cost  in terms of deterioration of public health may be much higher than the revenues earned.

Arguments Against the View
(a) The revenue earned from sale of liquor is spent on social sector like education, health, housing, drinking water and sanitation.

(b) The experiment of prohibition in Andhra Pradesh and Haryana  failed miserably and these States had to lift prohibition. When prohibition was unsuccessful in these States it may not succeed in others.

(c) Gujarat has enforced prohibition but it cannot be said that there are no rapes, murders,  road accidents etc. in that State.

(d) By stopping the sale of liquor the government would indirectly be encouraging the availability and sale of illicit liquor. This will result in loss of revenue to the government, on the one hand, without any expected benefits of prohibition, on the other.

(e) Why should a moderate and sensible drinker be deprived of his drinks just because of some excessive drinkers in the society?


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How Quattrocchi walked free

Quattrocchi has been covered widely in the med...

The manner in which investigations and prosecutions in the Bofors case were consistently and spectacularly bungled is proof enough that whoever took the Bofors money is supremely powerful.
Over the last two decades, there was always someone in the CBI, the courts, the law ministry who was batting for the accused rather than the government. Somehow, Ottavio Quattrocchi always managed to be a step ahead of our law enforcement agencies. And despite the sound and fury in the media and in the Parliament, the suave Italian businessman has ended up laughing all the way to the bank.
Quattrocchi's final triumph came on Tuesday when the Solicitor General announced that the Indian government planned to withdraw all cases against him. Quattrocchi has been let off even though many legal experts considered his involvement in the Bofors scam to be an open and shut case. Not because of the investigative skills of our CBI but because the Swedish government, the Swiss courts and investigative journalist Chitra Subramaniam had provided a wealth of documentary evidence against him. In how many corruption cases can you actually succeed in finding out the number and name of the owner of the bank account into which the money was paid? All this evidence was sufficient for Interpol and the Swiss and British courts, but not the Indian authorities. 
Here is a brief run-down of the cover-up:
Though the scam came to light in 1987, no FIR was registered as long as Rajiv Gandhi's government was in power. The FIR was registered only in 1990 during the Janata Dal regime and a letter rogatory sent to Swiss and Swedish authorities. 
In November 1990 during the Congress-supported Chandrashekhar government, the CBI moved court to quash the FIR on the ground that it did not disclose any offence.
In 1993, then foreign minister Madhav Sinh Solanki wrote an aide memoir to the Swiss authorities urging that the case be closed and no documents sent to India. Solanki had to resign following the leak of the memoir.
In 1993, the Swiss authorities confirmed Quattrocchi's name as the beneficiary of the kickbacks from Bofors, but the CBI did not seize his passport immediately. Instead it waited 72 hours by which time Quattrocchi had fled India.
The Delhi High Court held that the Swiss documents were not properly authenticated, on the ground that they were not original documents but photocopies. The court took the curious position that because of this no offence against the accused could not be made out. During Manmohan Singh's first tenure, the law ministry advised the CBI not to appeal against the court's erroneous order.


In 2004, the Delhi High Court held in another judgment that no allegations could be proved against public servants accused in the case. The High Court came to this conclusion without a trial. The law ministry once again advised the CBI not to appeal in the Supreme Court.
In 2006, the law ministry secretly dispatched an officer to UK to inform the Crown Prosecution that no case was made out against Quattrocchi and the two erroneous High Court orders were cited to establish this. The law ministry's move was to facilitate Quattrocchi to defreeze his bank accounts and withdraw the alleged Bofors bribe money. By the time the news leaked and the Supreme Court ordered that efforts be made to re-freeze Quattrocchi's bank accounts, the Rs 23 crore in bank account had been spirited away.

In 2007, Quattrocchi was detained in Argentina because of an Interpol Red Corner Notice pending against him. The CBI flew to Argentina, brandishing the judgments of the High Court, which the government had declined to appeal against, to facilitate his release from prison. Incidentally, the automatic appeal was also withdrawn by the law ministry, without even the token formality of consulting the CBI.
The Bofors story has been popping up in the media at regular intervals for over 20 years. The rights and wrongs of the case are lost on the new generation, some of whom were born after the Swedish Radio first broke the story back in April 1987. With the matter dragging on endlessly, indignation over bribery in the Bofors purchase has somewhat eroded. One defence put forward is that during Kargil conflict it was established that the Bofors gun at any rate was first class. Others try to deflect the issue by pointing out that the total amount of the bribes, Rs 64 crore, was chicken feed by today's standards of corruption. Some even argue, falsely, that more money was in fact probably spent on investigations in the case. A few of those who have been at the forefront in pressing the Bofors corruption charges, such as V P Singh and Ram Jethmalani, did a volte face when it suited their political 
 interests.
 The Bofors case illustrates that Indian democracy has yet to mature to the level where the law is blind and applies in the same manner to one and all. In India those in high places know how to work the system to their advantage, even if it takes more than two decades to complete the process.

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Full Text of PM’s Remarks at the G-20 Meeting at Pittsburgh: Plenary Session

Following is the text of the Prime Minister, Dr. Manmohan Singh’s remarks at the Plenary Session of G-20 Meeting at Pittsburgh:

"Mr. President, let me begin by thanking you for the excellent arrangements made for this Summit and for your warm hospitality.

We have discussed the complex challenges posed by the need to revive the global economy. I would like to focus on what this implies for the developing countries.

We all know that these countries were in no way responsible for the crisis, but in many ways, they are the hardest hit. In the seven years before the crisis, the GDP of the developing countries grew at an average of 6.5 per cent per year. In 2009 it will grow by only 1.5 per cent, implying a fall in real per capita income.

Of course, experience varies across countries. Countries in Asia have generally fared much better. Countries in sub-Saharan Africa and in many other regions have been very badly hit.

India too has been affected but, in common with other Asian countries, we have weathered the crisis relatively well given the circumstances. After growing at 9 per cent per year for four years our economy slowed down to 6.7 per cent in 2008-09. In 2009, despite a drought, which will affect agricultural production, we expect to grow by around 6.3 per cent in 2009-10 and then recover to 7 to 7.5 percent growth next year. This relatively strong performance is partly due to the strong stimulus measures introduced in the second half of 2008-09, which have been continued in the current financial year.

However, the fact that some of us have fared relatively well does not mean that the crisis has not affected the developing world significantly. The fact that the growth of developing countries as a group will fall to 1.5 per cent indicates the extent of the impact.

An estimated 90 million people in the developing world are likely to be pushed below the poverty line. Lower revenues will also lead to lower levels of expenditure on rural infrastructure, health and education. This will not only hurt future growth, but also delay achievement of the Millennium Development Goals. Social and political tensions could increase, undermining the national consensus in support of much needed structural reforms and adjustment.

The prospects of convergence, which seemed bright before the crisis, have receded. We must take steps to counter these developments and restore the momentum of growth in the developing world.

First, the problem must be tackled at its root by ensuring the quickest possible return to normalcy in the global economy. This requires a commitment that we will not undertake any premature withdrawal of stimulus. We must certainly plan for an orderly “exit” when the time is right, but that time is not now. The global economy may be bottoming out, but it is not expected to reach 3% growth until the end of 2010.

The depressed state of the global economy translates into a considerable loss of export demand for the developing countries. Exports of non-oil developing countries are expected to decline by about $900 billion in 2009, compared to the previous year. They will remain well below the trajectory earlier projected for several years. This is bound to reduce production, incomes and employment in the developing countries.

The measures taken by the G-20 to increase the flow of assistance will help, and they certainly represent an important achievement in international cooperation. However, the scale of the transfers we have planned will only help the developing countries to manage their balance of payments at depressed levels of economic activity. They cannot counter the effect of the loss of exports.

To resuscitate growth in the developing countries, we have to replace lost export demand by expanding other components of domestic demand. The best option is to expand investment. An obvious area where additional investment is needed in developing countries is infrastructure, including energy, transport and other infrastructure for public services. These investments can be made ahead of requirements and therefore are an ideal form of countercyclical activity.

The World Bank and the other regional development banks can play a major role by financing such investment. They should expand lending for infrastructure development to emerging market countries which have relied on capital markets in more normal times, but will need support in the medium run, till capital markets recover. The poorer, low-income countries had very little access to capital markets. For them, financing on suitable terms may have to be made available for an even longer period.

A strategy of expanding investment demand in developing countries to replace lost export demand will not only help growth in developing countries, it will also contribute to a broader global revival. This is because the import content of investment is typically higher than of exports, which means a significant percentage of the initial increase in demand will spill over into the global economy.

The World Bank has announced that the volume of IBRD lending would be increased to $100 billion over the next three years. This is commendable. However, if the capital base of the IBRD is not expanded, they will have to compress lending at the end of the three year period to less than the pre-crisis level. This is surely not acceptable.

There is, therefore, an overwhelming case for doubling the capital of the IBRD. Similar increases in capital are needed for the other regional development banks also.

I realize there may be hesitation in committing additional public resources for recapitalization. However, we must keep in mind that what is needed for these institutions is small compared to the massive scale of public money used to stabilize the private financial system in industrialized countries. Some additional effort is surely justified to help the developing countries to cope with the spillover effects of a crisis for which they were not responsible.

Finally, Mr. President, a word on trade. The collapse in export markets makes it all the more important that the market access of developing countries is not constrained by protectionism. I recognize that when growth is low, and unemployment is high, it is inevitable that protectionist pressures will arise. It will be a test of the collective political leadership of this Group, whether we are able to resist these pressures in our countries. I am happy to note that the Delhi Ministerial succeeded in reviving momentum for the Doha Round negotiations. I venture to suggest that this is an area where the industrial countries can give a lead to achieve a successful outcome.

We have done a great deal on finance and what remains is easily doable. We need to address the difficult tasks on the trade front which are now more important for the medium term."

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RGGVY – lighting up rural areas

Rural electrification has been regarded as a vital programme for the development of rural areas. It is now well accepted that electricity has become one of the basic human needs and every household must have access to electricity. In rural India, supply of electricity is needed for broad based economic and human development. The National Electricity Policy envisages supply of quality power to rural areas for 24 hours. The Rural Electrification Policy aims at providing access to electricity to all households.

The definition of village electrification has been made stricter to ensure availability of sufficient electricity infrastructure in each village before declaring it as electrified. In accordance with the Census 2001, about 1.2 lakh villages were un-electrified in the country.

Keeping in view the slow pace of rural electrification by the States, the Government of IndiaRajiv Gandhi Grameen Vidyutikaran Yojana (RGGVY) as one of its flagship programme in March 2005 with an objective to electrify over one lakh un-electrified villages and to provide free electricity connections to 2.34 Crore rural BPL households. The infrastructure being provided under the scheme is sufficient to provide electricity connections to all households. The APL families are being encouraged to take electricity connections from the distribution utility after fulfilling standard terms and conditions of the utility for the purpose. launched

The Scheme

The scheme provides 90% capital subsidy for the projects and covers following activities: Rural Electricity Distribution Backbone (REDB); Creation of Village Electrification Infrastructure (VEI); Decentralized Distributed Generation (DDG) and supply and Rural Household Electrification of Below Poverty Line Households.

Under the scheme, Decentralized Distributed Generation (DDG) projects based on new & renewable sources can also be taken up by States, wherever such solution is found more cost effective. The detailed guidelines for setting up DDG projects under RGGVY have been issued.

RGGVY continued in XIth Plan

During the X Plan, 235 projects for 234 districts were sanctioned at an estimated cost of Rs.9732 Crore to electrify 68,763 villages and to provide free electricity connections to 83.1 lakh BPL households. 38,525 villages were electrified by the end of X Plan.

The continuation of RGGVY in the XI Plan was sanctioned by the Government on 3rd January 2008 with a provision of Rs.28,000 Crore capital subsidy. The states having large number of un-electrified villages and households (Assam. Bihar, Jharkhand, Orissa, Rajasthan, Uttar Pradesh and West Bengal) have been given more emphasis under the scheme. Other areas of focus are special category states of north-east, Himachal Pradesh, Jammu & Kashmir and Uttarakhand, districts having international boundaries and districts affected by naxal activities. Habitations above 100 population are being covered under the scheme.

During XI Plan, 327 projects costing Rs.16,268 Crore have been sanctioned for electrification of 49,383 villages and for providing 162 lakh electricity connections BPL households.

So far, Ministry of Power has sanctioned 562 villages for 534 districts to electrify 118,146 villages and to provide free electricity connections to 2.45 Crore BPL rural households. As on 15th July 2009, 63,040 villages have been electrified and 63.6 lakh free electricity connections have been released to BPL households. It is targeted to complete all the sanctioned projects before March 2012.

Implementation

Rural Electrification Corporation is the nodal agency for implementation of the scheme. Services of power sector CPSUs namely Powergrid, NTPC, NHPC and DVC have been made available to the State Power Utilities for fast implementation of the projects.

For effective and quality implementation of the projects; the Ministry has adopted turnkey mode of implementation, three-tier quality monitoring mechanism and mile stone based project monitoring. The states have been asked to provide minimum 6 to 8 hours of electricity to the villages electrified under the scheme. It has also been made mandatory to establish franchisees in the RGGVY electrified villages for effective distribution management. The franchising of distribution management is creating a good employment opportunity to the rural youth. So far, franchisees have been established in 99,643 villages.

Monitoring

The Ministry has asked the States to constitute State Level Coordination Committee under the chairmanship of the Chief Secretary and hold its regular meetings to resolve inter-departmental issues, which badly affect speedy implementation. The Ministry has also asked the States to constitute District Level Committees with members from all the stake holders including members of Parliament & Legislative Assembly to resolve the local issues and to review the progress of the projects. It has been experienced that the progress was better in those States, where such Committees are active and holding their meetings regularly.

Under the scheme, the Ministry has also undertaken training of C & D employees of the State Power Utilities and franchisees. It is targeted to impart training to 75,000 employees and 40,000 franchisees during the XI Plan. During 2009-10, 2500 employees and 5000 franchisees are planned to be trained.

Under RGGVY, States were asked to notify their Rural Electrification Plans as a commitment for supplying electricity for minimum period of 6 to 8 hours, making arrangement of sufficient power for energizing the lines and suitable transmission and sub-transmission infrastructure to supply power to the distribution infrastructure created under the scheme. 10 states namely Andhra Pradesh, Bihar, Himachal Pradesh, Jharkhand, J&K, Karnataka, Kerala, Sikkim, Tripura and Uttarakhand are yet to make such commitments by way of notifying their RE Plans.
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India's PDS fails to ensure food for all

The National Food Security Act has failed to reform the discriminatory public distribution system leaving many high and dry. The costly targeted system excludes the genuinely poor and encourages corruption
A concept note on the proposed National Food Security Act circulated to all states continues to push for a targeted public distribution system instead of a universal one, and proposes to reduce the issue of foodgrains to 25 kg per BPL household, completely ignoring the contentious issue of who is poor and what an adequate and nutritious diet consists of.
At a public hearing on the public distribution system (PDS), held before the Justice Wadhwa Committee in Bangalore in December 2008, Sarojamma, a single parent with four children (one of whom is mentally disabled) pleaded for a below the poverty line (BPL) ration card. She had been given an above the poverty line (APL) ration card as she is a garment worker earning Rs 3,500 per month. The APL ration card fetches her only kerosene and no foodgrain in Karnataka.

To be eligible for a BPL card, Sarojamma needs to be earning less than Rs 17,000 per year, or less than Rs 1,500 per month. At today’s prices, the rent alone for a measly 10 x 10 sq ft space in Bangalore is upwards of Rs 1,500 a month. So, to be considered poor, the state expects its citizens to be living on air and to have no other needs such as health and education.

Eeramma, who has been a single parent for 20 years with six children, was seen pleading for an Antyodaya Anna Yojana (AAY) card that would entitle her to 10 kg more foodgrain than her BPL card. Her BPL card gets her a maximum of 25 kg of foodgrain, or around 3.5 kg per person per month for her household of seven.

Insufficient food for the poor

One would have thought one needed at least 15 kg of cereal per person per month to provide 2,400 calories per day merely to exist, let alone eat a balanced diet consisting of pulses, oil, fruit and vegetables that is necessary to grow to one’s full potential and lead a healthy life. The present PDS expects you to become food secure by merely eating an inadequate quantity of cereal!

There were others like Arthiamma and her husband, both blind, and Ritu (name changed) who is HIV+, who had been given APL cards. Their social and physical vulnerability did not make them eligible for special consideration by the state.

"Almost 50% of its children are malnourished and 75% of its women suffer from anaemia; and per capita food availability has actually decreased"
What is incredible about ‘Incredible India is that while it sports a high growth in GDP, it ranks 66th in a list of 88 countries on the World Hunger Index. Almost 50% of its children are malnourished and 75% of its women suffer from anaemia; and per capita food availability has actually decreased between 1991 2004-05.
Food security refers to a situation that exists when all people at all times have physical, social and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life,” says an FAO report ‘State of Food Insecurity in the World, 2001’.

As reflected in these examples, India’s current public distribution system does not seem to be fulfilling any of the above criteria to ensure the right to food expected of a just and humane society.

Flawed concept note

However, into this gloomy scenario comes the UPA government’s hopeful promise of enacting a National Food Security Act. A concept note on the proposed Act, circulated to all state food secretaries by the food secretary, GoI, cites the above FAO quotation and says: “To ensure food security to all citizens of the country based on a rights approach, there is need for providing a statutory basis to food security.” And, “the nutritional status of individual household members is the ultimate focus,” (emphasis added).Although these pious statements give the impression that here, at last, is an attempt to address shameful deficiencies in the country’s food security situation, the rest of the concept note is more in the manner of a preamble to a National Food Insecurity Act!

While civil society is clamouring that the PDS be universalised, without any distinctions between BPL and APL, so that the poor get self-selected as it was earlier when the country was growing at the Hindu rate of growth of about 3%, the concept note seeks to make the targeted PDS statutory.
"If universalisation of the PDS is not accepted, those earning less than the minimum wage need to be considered poor"
The targeted PDS is costly and gives rise to a lot of corruption in the process of trying to decide who is and who is not poor. This results in the genuinely poor being left out whilst the ineligible get several cards. Economists like Jayati Ghosh say that the cost difference between a universal and targeted PDS is not very great. So what happens to the aim of covering all citizens?

Currently, the limits of annual income required for a household to be declared BPL are illogical. In Karnataka, for instance, the figures are Rs 11,000 and Rs 17,000 in rural and urban areas respectively. That means that a household of five people in Bangalore would have to be living on around Rs 47 per day, or about Rs 10 per person, on which even a beggar would not survive.

Rising hunger and malnutrition problem

In other words, a person would have to be earning less than half the minimum wage of Rs 88 (which itself is inadequate) to be considered poor. If universalisation of the PDS is not accepted, those earning less than the minimum wage need to be considered poor.

The concept note assumes without any justification that the nation may not be able to procure the required amount of foodgrain or bear the cost of a food subsidy. It is therefore proposing to reduce the scale of issue to 25 kg per BPL household, or 5 kg per person. This, despite the Supreme Court ruling that every BPL family shall be given 35 kg, and that no changes shall be effected in any food-related scheme without its permission. This will result in families having to buy 10 kg from the market, paying more for the same amount of food than earlier.

Taking all this into consideration, the Wadhwa Committee recommends that “the income criterion needs to be revisited” and that “estimation of poverty should not be made on a criteria (sic)which is less than the minimum wage fixed by the state for agricultural labourers”. Also, that “the government may also consider using calorie intake per person per day as an indicator of poverty”.

The People’s Health Movement has demanded that every person be given enough foodgrain to ensure 2,400 calories per day. Moreover, the predominance of cereals and lack of adequate pulses, oil, fruit and vegetables in the diet of most Indians is what is causing high levels of malnutrition among them. We need to find ways to get these items to the populace through the PDS, if malnutrition is to be addressed.

The concept note does not mention the word ‘malnutrition’ at all; it completely ignores the contentious issue of defining who is poor and how much and what constitutes ‘adequate and nutritious food’.

It does not recognise anywhere that entitlements should be linked to levels of malnutrition, if food security is to be achieved. It concentrates wholly on how to reduce the number of BPL families, reduce entitlements, and reduce subsidies. A great way indeed to ensure food security and raise India’s position on the World Hunger Index!

Binding clauses
Further, the concept note seeks to take away the freedom enjoyed by the states until now to: (1) fix the numbers of those who are BPL in their respective states; (2) decide the amount of foodgrain to be given to them, and (3) fix the rate at which these shall be provided. As a result of this freedom, the note says, the actual number of BPL ration cards issued by all the states is 10.68 crore while the accepted figure of BPL households by the Centre is 6.52 crore, resulting in an excess of 4.16 crore BPL cards. Tamil Nadu, for instance, has universalised the PDS, while Karnataka has issued BPL cards to 85% of households.

"The Centre is planning to bring in an enforcement mechanism that will monitor the states’ adherence to the Centre’s fiats and penalise those that transgress them"
The Centre is planning to curtail this right and insist that all states abide by the levels of poverty fixed by the Planning Commission, and that the Centre shall decide the numbers of poor that shall be eligible in each state, the amount of foodgrain that shall be given, and the rates at which these shall be issued to families.

To ensure that states do not defy these restrictions and fix their own entitlements, the Centre is planning to bring in an enforcement mechanism under the Food Security Act that will monitor the states’ adherence to the Centre’s fiats and penalise those that transgress them. Here is a blatant attempt not only to centralise decision-making and curtail the freedom of the states in a federal set-up, but also to reduce the basic entitlement to food of a hungry and malnourished nation.

The present allocation under the TDPS to the BPL and AYY categories is 277 lakh tonnes which entails a “huge commitment on the central pool for BPL families,” the concept note adds. The Planning Commission’s latest poverty estimates, according to 2004-05 figures, reveal that the country’s BPL population is only 27.5% whereas it was 36% according to 1993-94 figures.

As per the above, the number of BPL families (including AAY) will come down from 6.52 crore to 5.91 crore, and the number of APL families will go up from 11.52 crore to 15.84 crore. In view of this, based on the current scale of issue, annual allocations of foodgrain for AAY and BPL categories may come down from 277 lakh tonnes to 251 lakh tonnes, and for the APL category it will go up from 162 lakh tonnes to 202 lakh tonnes, the concept note estimates.

However, in view of this increase of 40 lakh tonnes for the APL category, the concept note makes the categorical statement that “the central government will not be able to guarantee distribution/supply of any quantity of foodgrain for the APL category from the central pool,” and that the “APL category may be excluded from TDPS,” except for APL families in some food-deficit and inaccessible states/union territories. This reasoning fails to recognise that there will be a saving of 26 lakh tonnes of foodgrain as a result of the reduction in BPL numbers.

The effective increase in foodgrain allocation to the APL category will thus only be 14 lakh tonnes. To use this reasoning to restrict the PDS only to 27.5% of the population is to deprive the rest of the population, which is unable to meet the requirement of 2,400 calories per day, of the right to food. Researchers like Utsa Patnaik estimate this number to be 70% of the population.

While civil society demands that BPL cards be updated every year in order to capture those who have slid back into poverty due to various exigencies like debt, drought, displacement, etc, the Centre is talking about annual updation only to seek out those who have risen above the poverty line, with the aim of taking away their BPL cards.

The concept note recognises that some households may have more than the average number of persons whereas others may have less than the average. But nowhere does the Centre make a commitment to provide foodgrain to every individual in a family, whether it has five or 10 members. It continues to think in terms of an upper ceiling of five units per household as the maximum that a family can receive. What happens to the guarantee of having the “individual as the focus”?

Schemes/ Yojana's for addressing hunger

Even more worrying seems to be the Centre’s intent to do away with other food-related schemes such as the Annapoorna Yojana for elderly destitutes and supply of foodgrain from the central pool to welfare institutions, hostels, etc, in the name of avoiding multiplicity of schemes, as beneficiaries of these schemes may already be covered under the TDPS.

By mentioning the school midday meal scheme, the ICDS scheme, and the nutrition programme for adolescent girls as schemes that cause multiplicity, the Centre is hinting that these too may be curtailed or done away with altogether. Or, at the very least, that it is keeping its options open. There goes the hope of 50% malnourished children and anaemic adolescent girls of ever leading a full and healthy life. In the same breath, the Centre is proposing that the Antyodaya sub-category within the BPL also be done away with on grounds that sub-categories are unnecessary.

"With this, the government seemingly wishes to wash its hands of any accountability ensuring the right to food to all its citizens"
The Centre doles out a plethora of excuses as to why it may not be able to obtain or sustain current levels of foodgrain procurement at minimum support prices, or sustain their distribution at current levels. And that all this uncertainty could necessitate the import of foodgrain.

The Centre also hints that if the issue price of rice and wheat are fixed at Rs 3 per kg for all BPL families, the annual food subsidy may go up from the current Rs 37,000 crore to Rs 40,380 crore. And that continuing to provide foodgrain for the APL category would further affect this figure. Nowhere is there an acceptance that these costs have to be borne as a matter of course if food security is to be ensured. The possible increase in cost is spoken of more in the nature of a looming threat to the economic health of the nation, which needs to be avoided.

The only good points in the concept note appear to be the government’s commitment to ensuring doorstep delivery of foodgrain to all fair price shops (FPSs), monitoring FPSs and certification of issuance of foodgrain by local vigilance committees, social audit by local bodies, computerisation of operations, effective grievance redressal mechanisms, and the setting up of food security tribunals at the taluka level, and appellate tribunals at the district level.

The piece de resistance of the concept note lies in the statement: “In case a state/UT government is unable to distribute the entitled monthly quantities of foodgrain to eligible BPL families/individuals, such families/individuals will be entitled for payment of a food security allowance.” With this, the government seemingly wishes to wash its hands of any accountability in the matter of ensuring the right to food to all its citizens.

Activists see the proposed Food Security Act as a gimmick to win future votes, just as the NREGA was seen as the reason for the substantial mandate given to the UPA in the last elections. The government will be seen to have done something pro-poor even though it will only be a mask behind which it quietly carries on its real agenda of neo-liberal reforms.

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