eIndia2007

India’s tryst with Land Acquisition legislation

2011-06-17T23:10:00.014+05:30

Farmers need soil to grow crops. Soil is available when land is present and if land is snatched away, growing crops would be next to impossible. Thus, access to land guarantees food production and it also helps in ensuring livelihood security of tillers, farmers and peasants. However, economics is about trade-offs. Given that land to man ratio is relatively low in our country, an economist would argue, it would be rational if available scarce land is put to best possible use that guarantees better return than agriculture. In order to sustain high economic growth, land is needed to make highways, IT plus knowledge parks, SEZs, factories, dams, roads, irrigation canals, nuclear reactors. It is also true that value of land gets higher if it is developed well, is located near a town or city, when access to road, port or railways is easier from such a piece of land and water and electricity are available in the vicinity. A better quality of land would fetch a higher price to a land owner.

We are observing a trend recently when agricultural land is being converted for industrial purposes. There are success stories that tell us that farmers have become millionaires and bought land rovers by simply selling their ancestral land directly to corporates or builders. Other examples of land acquisition by the State for public purpose show that farmers’ agitations against forcible grabbing have been ruthlessly suppressed using police might, be it Singur, Nandigram, Niyamgiri, Kalinganagar, Jagatsinghpur, Jaitapur or Bhatta-Parsaul.

Suggestions for Compensation

Land is a symbol of social status and it has an emotional value attached to it. Land acquisition is subject to numerous complicated issues. Compensation is just one issue among several haunting the land owners during the process of land acquisition. But it is an important issue, which has been much neglected. In India, women, dalits and tribals traditionally do not have title to land. Traditional rights to cultivate are undermined by the modern laws. Without private property rights and land registration, marginalized sections suffer the most during land acquisition. In the absence of registration, small and marginal farmers fall prey to middlemen while selling their land and thus they seldom enjoy the full amount paid as compensation. Compensation can be paid in kind too. Some economists argue that imparting proper training to farmers who have lost their land would help them in getting absorbed in the industrial labour force (proletarianization). Since lump sum money received as compensation can be spent non-judiciously and hurriedly by the not so ‘prudent’ farmers, it is prescribed that long-term annuities are paid to them separately (also called as Haryana model).

The absentee land owners are found more willing to sell their land as they are less interested in cultivation. However, agricultural labourers and share croppers, working on those lands, are the ones who are completely at loss due to this. The National Advisory Council (NAC) has, therefore, rightly said that share-croppers, landless labourers, artisans et al should receive ten days’ minimum wage per month for thirty three years when land is acquired by the State for ‘public purposes’.

Getting the right and fair valuation of land and clearly defining the term ‘public purpose’ are remaining issues concerning land acquisition. Should the value of land be based on the average price of land in the past or it should be evaluated on the basis of its future value, which would be comparatively higher as a result of setting up of industry? In case the State is mediating in the sale and purchase of land, getting farmers the fair price of their land is the demand. The NAC has proposed that compensation for those who lose land will be six times the registered sale deed value including solatium.

Land Acquisition (Amendment) Bill 2007

The colonial Land Acquisition Act of 1894 has been termed as draconian since it allows the State to forcibly acquire land from private landholders for projects of public purpose. Under Section 4 (1) of the Land Acquisition Act, 1894, notification of acquisition has to be published in the official gazette and in two daily newspapers circulating in that locality of which one shall be in the regional language. A person gets only 30 days from the date of publication of preliminary notification to raise any objection to the acquisition. Special powers of urgency under Section 17 (1) allow a district collector to over-ride all objections and acquire private land after the expiry of 15 days from the publication of the notice.

Since a large number of old cases were pending in various courts, the Land Acquisition (Amendment) Bill was introduced in lieu of a new comprehensive legislation. Prior to 2007, the Land Acquisition Act was amended in 1962, 1967 and 1984 after Independence. The amendment proposed in the Land Acquisition Bill (2007) redefines ‘public purpose’ as land acquired for defence (strategic) purposes, infrastructure projects, or for any project useful to the general public where 70% of the land has already been purchased. Still there is a pitched battle on what should be included under the term ‘public purposes’. The clause 5(v)(f)(iii) of the Land Acquisition (Amendment) Bill, which includes acquisition of land for any other purpose useful to the general public has been considered as extremely vague by many legal experts. Provision of providing 30 per cent of land by the Government to the companies is expected to encourage the private sector to acquire more and more land. Once 70 per cent of the land required by a project is acquired by the private parties, the market value of the surrounding area is expected to rise. As a result the Government would acquire the rest 30 per cent of the land at a market price higher than the price at which 70 percent of the land was bought earlier. This would deprive the persons who had agreed to sell their land on a ‘willing seller-willing buyer’ basis. Those people who would sell their land to the Government later are likely to be benefited. In principle, the NAC disagrees with the 70:30 formula.

Those siding with the corporate sector think that the State should not intervene when private parties acquire land. Private businesses and industrial houses can purchase directly from the farmers and this would be beneficial for both the parties. The Left, given its arch rivalry with capitalism, opposed the amendment sought in the Land Acquisition Bill (2007) that State intervention is allowed in acquiring 30 per cent of land for private developers provided they have acquired the remaining 70 per cent for setting up industrial and SEZ projects. The Left parties raised their objection to the 70:30 formula made by the amendment and instead asked for the land to be entirely acquired by the State. During that time when Mamata Banerjee was not the Chief Minister of West Bengal, she opposed this proposition and wanted the formula to be changed to 90:10. However, she now feels that State intervention in land acquisition done privately is justified. In the absence of State intervention it is possible that middlemen and touts of the industrial bodies enter the scenario and start exploiting the small and marginal farmers. State’s role is crucial for just land compensation made by the private parties. The NAC has recommended that it is upto the states to decide the extent of percentage of the total land to be acquired by them.

The Land Acquisition (Amendment) Bill, 2007 was passed by the Lok Sabha on 25th February 2009 but the bill lapsed with the dissolution of the 14th Lok Sabha. Both BJP and CPI (M) opposed the Land Acquisition Amendment Bill and the Relief & Rehabilitation Bill in the Rajya Sabha. The NAC has recently asked for consolidating the Land Acquisition (Amendment) Bill 2009 and Resettlement and Rehabilitation Bill, 2009 under the title Land Acquisition, Resettlement and Rehabilitation Act, 2011.

Food Security

This point could have appeared at the beginning itself: should land be acquired at all for industries? Those who are on the side of food security would say no but we know the answer coming from those who believe that country’s progress lies in industrialization. Agricultural land can be protected if a collector under Rule 4 (vi) of Land Acquisition (Companies) Rules, 1963 reports that a land proposed to be acquired is good agriculture land and that no alternate, suitable site can be found. The National Policy for Farmers 2007 talks about conserving prime farmland. NAC’s recent recommendation that acquisition of barren and less fertile land should be done first for industrial purposes is most welcome since it indirectly talks of conserving our valuable agricultural land under assured irrigation and multiple cropping for food production. But there is nothing new in this recommendation because according to the Ministry of Commerce and Industry the Board of approvals follow the general principle that in case of land acquisition for Special Economic Zones, first priority should be for acquisition of waste and barren land and if necessary single crop agricultural land could be acquired for the SEZs. For the sake of information, one must know that total cultivable land in India has decreased from 185.09 million hectares in 1980-81 to 182.57 million hectares in 2005-06 and total wasteland has decreased from 16.74 million hectares in 1980-81 to 13.16 million hectares during the year 2005-06. Acquired land non-performing for five years should be returned to original owners is another recommendation of NAC, which has been also well received.

Other Recommendations

Under the Panchayats (Extension to the Scheduled Areas) Act, 1996, gram sabhas are empowered to stop acquisition of private and public land, which is done illegally. They need to be consulted before public or private land is acquired in the panchayat as per Section 4 (i) of the PESA Act. Despite these provisions, the country has witnessed several cases of violation of the PESA legislation. Information regarding land acquisition is not passed to the gram sabhas or villages. Therefore, the NAC has made a bold recommendation that consent of 70 percent of the affected families in a gram sabha before acquisition is compulsory. A National Commission for Land Acquisition, Resettlement and Rehabilitation (NCLRR) should be established to assess extent of displacement based on Social Impact Assessment and urgency clause for land acquisition should be used for purposes such as defence, national security and safety of lives as per recommendations of the NAC. Others are saying that landowners in a village should be able to collectively negotiate land transfers and demand for either land-for-land exchange or other types of stake-holding and compensation so that the process becomes participatory.

Apart from the NAC, the recommendations made by the Standing Committee Report on the Land Acquisition (Amendment) Bill 2007 sound rational and egalitarian. It recommended that the optimum size of land required for a project needs to be determined so that excessive acquisition of land doesn't take place. There should be some legislation like Forest Conservation Act 1980 so that agricultural land can be protected like forest land. There is an urgent need to develop wasteland where agricultural land is acquired. Since displacement leads to traumatic psychological and socio-cultural consequences, multiple displacements of affected families need to be avoided. States should declare the area where the tribals are rehabilitated as Scheduled Area. Land rights of tribals and forest dwellers should be recognized as per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 so that they are compensated and rehabilitated during the process of land acquisition. The details of the property to be acquired viz. khasra numbers in rural areas and quarter number in urban areas should be identified and widely publicized through prominent local English, Hindi and regional language newspapers. There is a need to avoid complications arising due to inadequacy of communicating the intent of acquisition through notification especially in hilly, tribal and remote areas. In order to circulate notification on rehabilitation and resettlement, the Government should rely on newspapers in local vernacular. Affected persons should be provided 60 days from the date of publication of the notification to object to the acquisition of land. Social Impact Assessment study should be done for all projects that displace physically more than 400 families in plain and 200 families in hilly, tribal and scheduled areas (same as NAC recommendation). Highest price of sale deed as indicated in the sale deeds of the last three years plus 50 per cent of the said highest price should be the criteria for assessing and determining the market value of land. For tribal areas, the highest price of a sale deed of the adjoining non-tribal blocks/ village for the last three years plus 50 per cent should be the criteria for assessing and determining the market value of land. Non agricultural land having valuable mineral resources underneath should be properly evaluated for granting compensation. A share of the economic benefits earned due to setting up a project on a land, which is acquired should go to the affected families. Issue of shares and debentures as part of the compensation is impractical and as such issue of shares and debentures should be over and above the admissible compensation. The rate of solatium should be increased from thirty per centum on market value to sixty per centum on market value. (The NAC has, however, demanded for a solatium of hundred per centum). Land Acquisition Compensation Disputes Settlement Authorities (a kind of Ombudsman) at the Centre and State level should be created for the disposal of disputes, which remain pending in the courts of law. Record of large tracts of unutilized land available with various Ministries needs to be kept before further land acquisition.

References:

Standing Committee Report on the Land Acquisition (Amendment) Bill 2007

http://prsindia.org/uploads/media/Land%20Acquisition/scr1226484896_SC_Report_Land_Acquisition_Bill__2008.pdf

http://nac.nic.in/press_releases/25_may_2011.pdf

http://dolr.nic.in/Acts&Rules/LandAcquisition%28Amendment%29Bill2009%20as%20passed%20by%20Lok%20Sabha.pdf

http://dolr.nic.in/hyperlink/acq.htm

Land Violence: Law not at fault by Manoj Pant, The Economic Times, 30 May, 2011,

http://economictimes.indiatimes.com/opinion/comments-analysis/land-violence-law-not-at-fault/articleshow/8643156.cms

Why We Must Oppose the Land Acquisition (Amendment) Bill of 2009 by D Bandyopadhyay, Mainstream, Vol XLVII, No 35, August 15, 2009, http://www.mainstreamweekly.net/article1586.html

http://emlab.berkeley.edu/users/webfac/bardhan/papers/WBILand%20Acquisition.pdf

Pranab Bardhan, The real issues behind land acquisition,

http://www.hindu.com/2009/08/01/stories/2009080155420900.htm

The vexed issue of land acquisition by Pranab Bardhan, The Business Standard, 23 September, 2009,

http://www.business-standard.com/india/news/pranab-bardhanvexed-issueland-acquisition/370959/

The ugly side of land acquisition in India, Rediff.com, 31 May, 2010, http://business.rediff.com/slide-show/2010/may/31/slide-show-1-ugly-side-of-land-acquisition-in-india.htm

Land acquisition, R&R Bills lapse by Sreelatha Menon, The Business Standard, 28 February, 2009

http://www.business-standard.com/india/news/land-acquisition-rr-bills-lapse/01/41/350406/

PESA: Government's sheathed weapon, The Economic Times, 20 May, 2010, http://economictimes.indiatimes.com/articleshow/5951556.cms

FAQ: Why is land acquisition so controversial? by MR Madhavan, Rediff.com, 12 May, 2011, http://www.rediff.com/news/special/special-why-is-land-acquisition-so-controversial/20110512.htm

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996,

http://www.pri.net.in/dm-documents/PESA/PESA%20Act%201996.pdf

Madhya Pradesh Panchayat Raj and Gram Swaraj (Amendment) Act, 2004,

http://www.pri.net.in/dm-documents/PESA/Madhya%20Pradesh%20Panchayat%20Raj%20and%20Gram%20Swaraj%20%28Amendment%29%20Act,%202004.pdf

Report of the Committee formed by the Government of India, Ministry of Panchayat Raj, Raghav Chandra Report,

http://www.pri.net.in/dm-documents/PESA/PESA%20Raghav%20Chandra%20Comm.pdf

Report of the Sub Committee appointed by The Ministry of Panchayati Raj to draft Model Guide-Lines to vest Gram Sabhas with powers as envisaged in PESA,

http://www.pri.net.in/dm-documents/PESA/BD%20Sharma%20Draft%20-%20Model%20Guidelines%20to%20vest%20Gram%20Sabha%20with%20powers%20as%20envisaged%20in%20PESA.pdf

Report of the Committee of Officers on Issues ralating to minor produce in PESA states, February2007,

http://www.pri.net.in/dm-documents/PESA/A%20K%20Sharma%20Report%20on%20Issues%20relating%20to%20MFP.pdf

Farmers' fury by TK Rajalakshmi, Frontline, Volume 27, Issue 20, 25 September-08 October, 2010,

http://www.hinduonnet.com/fline/stories/20101008272011800.htm

Court slams U.P.'s land acquisition policy by J Venkatesan, The Hindu, 22 September, 2010,

http://www.thehindu.com/todays-paper/tp-national/article741115.ece

Q+A - India confronts land grabs in industry push by CJ Kuncheria, Reuters, 15 September, 2010,

http://in.reuters.com/article/idINIndia-51504220100915

Govt to go slow on expressways after Sonia intervention by Nidhi Sharma, The Economic Times, 13 September, 2010,

http://economictimes.indiatimes.com/news/politics/nation/Govt-to-go-slow-on-expressways-after-Sonia-intervention/articleshow/6543617.cms

Miners may’ve to share revenues with displaced by Subhash Narayan & Rohini Singh, The Economic Times, 13 September, 2010, http://economictimes.indiatimes.com/news/news-by-industry/indl-goods-/-svs/metals--mining/Miners-mayve-to-share-revenues-with-displaced/articleshow/6543203.cms

Naveen making false claims: agitators by Prafulla Das, The Hindu, 15 June, 2011,

http://www.thehindu.com/todays-paper/tp-national/article2105355.ece

Anti-Posco group slams Ramesh for clearance, IBN, 13 June, 2011, http://ibnlive.in.com/news/antiposco-group-slams-ramesh-for-clearance/158780-60-117.html

NAC’s seven-point test for land acquisition bill, The Hindu, 10 June, 2011, http://www.thehindu.com/news/national/article2093721.ece

Let barren land be explored first: NAC by Smita Gupta, The Hindu, 10 June, 2011,

http://www.hindu.com/2011/06/10/stories/2011061061280800.htm

Land Acquisition: Government as a Facilitator is the Best Option by Diptendra Raychaudhuri, Mainstream Weekly, Vol XLIX, No 24, June 4, 2011, http://www.mainstreamweekly.net/article2803.html

The great land grab: India's war on farmers by Vandana Shiva, AlJazeera.net, 7 June, 2011,

http://english.aljazeera.net/indepth/opinion/2011/06/20116711756667987.html

Sound policy shift, The Hindu, 7 June, 2011,

http://www.hindu.com/2011/06/07/stories/2011060754311000.htm

Maya land policy is a good model, The Deccan Chronicle, 5 June, 2011, http://www.deccanchronicle.com/editorial/dc-comment/maya-land-policy-good-model-361

New land Bill allows states to script own role by Saubhadra Chatterji, The Business Standard, 3 June, 2011, http://wap.business-standard.com/storypage.php?id=0&autono=437739

Mayawati announces new Land Acquisition Policy by Atiq Khan, The Hindu, 3 June, 2011, http://www.thehindu.com/todays-paper/tp-national/article2072525.ece

Maya announces new land acquisition policy by Ashish Tripathi, The Times of India, 2 June, 2011,

http://timesofindia.indiatimes.com/city/lucknow/Maya-announces-new-land-acquisition-policy/articleshow/8693969.cms

Ex gratia for Jaitapur villagers soon: Chavan, The Hindu, 2 June, 2011, http://www.hindu.com/2011/06/02/stories/2011060266251200.htm

Success stories by Venkitesh Ramakrishnan, Frontline, Volume 28, Issue 12, 4-17 June, 2011,

http://www.frontlineonnet.com/stories/20110617281212900.htm

The great land grab by Venkitesh Ramakrishnan, Frontline, Volume 28, Issue 12, 4-17 June, 2011,

http://www.frontlineonnet.com/stories/20110617281200400.htm

Every thirty minutes, a farmer commits suicide

2011-06-16T21:35:00.007+05:30

Flouting of dalit and gender rights contribute to committing of farmer suicides despite Government’s effort, according to a report by the Centre for Human Rights and Global Justice (CHRGJ).

The report issued by CHRGJ and the International Human Rights Clinic (at New York University School of Law) claims that farmers’ suicide, which is connected to agrarian crisis will become more severe due to the existing gender and caste-based discrimination in the Indian society since the government has so far taken only financial steps as policy measures instead of going for structural changes.

In the document titled Every Thirty Minutes-Farmer Suicides, Human Rights, and the Agrarian Crisis in India, 2011 (for the full report please check the link no.1 and for the press release check the link no. 2) it is said that there is a deep association between farmer suicides and caste or gender-based discrimination. After the implementation of neo-liberal policies in India (pertaining to commercial/ corporate agriculture) the pattern of farming has witnessed a sea change. Due to socio-economic obstacles, farmers belonging to the so-called “lower caste” lack the essential technology to undertake corporate farming and it is possible that debt burden on these farmers for carrying out cotton farming based on Bt cotton or farming cash crops which is capital-intensive in nature may be more compared to the rest.

According to the same report “lower caste” farmers and their families face discriminatory policies when it comes to land entitlement. Farmers who do not have title to land are not enumerated as the same in official surveys and therefore when the family head dies by committing suicide, the family is often deprived of the compensation and relief package which is being offered by the Government. Similarly, tenant farmers are not counted as farmers. In technical terms, a large section of farmers who do not have title to land are women, dalits and tribals and the Government of India’s National Crime Records Bureau statistics actually underestimates the number of farmer suicides. Marginalized sections like women and dalits do not enjoy access to formal credit as they do not have title to land (property rights). Being a signatory of International human rights treaties, the Government of India has been appealed by the present report to end, investigate and undertake proper steps regarding caste/ gender factors related to farmer suicides.

In order to make the point that families of farmers who committed suicides owing to debt burden in the midst of agrarian crisis, face social injustice and discrimination to access relief schemes of the government, the report has provided several examples. The report mentions the story of Kalawati. The patriarchal society in India often deprives the women of their rightful access to land title and in the midst of agrarian crisis the impact may be fatal. The Government of Maharastra provides a compensation of Rs. 1 lakh to the family of a farmer who has committed suicide on the basis of three conditions. The first condition is that the farmer must have titled land; the second is he must be indebted at time of committing suicide; and the third is indebtedness must be the primary reason behind his suicide. Despite fulfillment of the above 3 conditions, families of farmers who committed suicide are still deprived of the compensation by the Government.

The story of Kalawati Bandurkar is similar to this. In 2007, her husband committed suicide. Kalawati is a mother of nine children and grandmother of five children. Apart from working as a labourer on others’ field, she farms on a separate cropping field of 9 acres size. After the death of her husband, Kalawati did not receive any compensation because the piece of land (9 acres) on which her family cultivates is not owned but has been taken on lease.

The truth revealed by this report is unquestionable. According to a news report by The Hindustan Times [see link no. 3], death toll due to suicide could have reached 28 in Vidarbha by the month of May, 2011 due to agrarian crisis and economic distress. So far, the number of farmers who have committed suicide from Vidarbha is 203 this year. Government’s claim that its two relief schemes worth Rs. 5050 crore have been able to reduce the incidents of suicide is false.

According to statistics provided by the National Crime Records Bureau during the year 2009, 348 persons committed suicide everyday out which 48 were farmers. Since 2004 on an average 47 farmers commit suicide every day which means every 30 minutes a farmer commits suicide (please check the links below).

Key findings of the report- Every Thirty Minutes-Farmer Suicides, Human Rights, and the Agrarian Crisis in India:

Statistics compiled by the Government of India reveal that 241,679 farmers in India committed suicide between 1995 and 2009. According to P. Sainath (journalist from The Hindu)—who has documented the crisis since it first started—the 2010 figures will likely bring this number up to more than 250,000.

In 2009 alone, the most recent year for which official figures are available, 17,638 farmers committed suicide—that’s one farmer every 30 minutes.

According to national census figures, between 1991 and 2001, eight million Indians left farming. While forthcoming data from the 2011 census will provide updated figures for the total number who have left farming since 2001, there is no indication that this move away from farming has declined in any way.

Records show that the suicide rates are highest where cotton production is highest. Though the Indian government has long been alerted to the cotton farmer suicide crisis, it has failed to respond with solutions that adequately address the issue. Cotton is a cash crop, which makes it particularly vulnerable to fluctuations in the global market. Cotton stands in as a prime example of India’s general move away from food production toward cash crop cultivation, a shift that has contributed significantly to farmer vulnerability, as evidenced by the fact that the majority of suicides are committed by farmers in the cash crop sector. The cotton industry, like other cash crops in India, is one that has been dominated by foreign multinationals.

Farmer suicide counts have been tragically high in the states of Maharashtra, Andhra Pradesh, Karnataka, Chhattisgarh, Madhya Pradesh, Tamil Nadu, and West Bengal. These states are among the highest cotton producing states in the country. In Andhra Pradesh alone, at least 17,775 farmers committed suicide between 2002 and 2009. There, Bt cotton crops generated much lower yields than non-Bt cotton crops for smallholder farmers during years with drought. The use of Bt cottonseed, contrary to advertising, also failed to reduce pesticide usage for many farmers. Moreover, high seed prices raised the farmers’ input costs, while sale prices remained low. In the state of Maharashtra, more than 2,500 farmers committed suicide each year between 2002 and 2009.

In 2006, the national government flagged funds from the Prime Minister’s Relief Fund to relieve farmers of debt, but there has been little enthusiasm about its results. In 2008 the Finance Minister enacted the Agricultural Debt Waiver and Debt Relief Scheme. The scheme provided debt waivers for marginal and small farmers, defined as owning two or fewer hectares of land. For other farmers, the relief scheme provided a 25 percent debt relief. Many farmers, who own more than two hectares but still suffer from extreme indebtedness, were unable to pay the remaining 75 percent needed to qualify for the program. In either case, the scheme only applied to loans from banks and not to loans from informal moneylenders. Farmers who took out loans from moneylenders to pay for expensive inputs are excluded from the government’s assistance program. An additional important shortcoming of the debt waiver scheme is that it did not distinguish between irrigated and non-irrigated land.

Although farmers’ credit sources vary from state to state, the farmers who do depend on rural banks are feeling the effects of the ten percent decline of rural banks nationwide in the past decade, a problematic trend that the Indian government has failed to address.

References:

1 http://www.chrgj.org/publications/docs/every30min.pdf

2. http://www.chrgj.org/press/docs/110511every30minpress.pdf

3. http://www.hindustantimes.com/4-more-farmers-commit-suicide-in-Vidarbha/Article1-698711.aspx

4. http://www.im4change.org/debt-suicides/farmers-suicides-14.html?pgno=2

RTI Act: Is it running well?

2011-06-08T15:20:00.003+05:30

The Right to Information (RTI) Act, which was passed by the Indian Parliament on 15 June, 2005 is regarded as one of the most powerful tool in fighting corruption and ensuring transparency in the government. Prior to the Indian RTI Act, various states enacted their own RTI legislation such as Tamil Nadu (1997), Goa (1997), Rajasthan (2000), Karnataka (2000), Delhi (2001), Maharashtra (2002), Madhya Pradesh (2003), Assam (2002) and Jammu and Kashmir (2004). The RTI Act is inspired by the Freedom of Information (Access to Information) legislation that has been in existence in countries like United States of America (1967), Sweden (1766) etc. Around the world, there are some 85 countries which have their own FoI legislation.

The RTI movement was initiated by the Mazdoor Kisan Shakti Sangathan (MKSS) in Dungarpur, Rajasthan so as to demand minimum wages for the labourers employed in public work. When MKSS found that ghost entries were made in the muster rolls to siphon off the money meant for the labourers, it was compelled to demand official information recorded in government files. Hence, originated the social audit campaign. When Aruna Roy became a member of the National Advisory Council (NAC) under UPA 1, she held widespread public consultations with civil society organizations and key govt. officials on India's RTI legislation due to which the law finally got enacted.

Innovative initiatives under the RTI:

The Bihar Govt. has initiated a six seater Jankari call centre, which facilitates a caller in drafting the RTI application and the fee is collected through the phone bill. RTI Helpline in Bangalore is providing RTI information to citizens.

Maharashtra has created 5 offices of the Information Commission in Pune, Mumbai, Aurangabad, Amravati and Nagpur to enable citizens to approach the most convenient regional office.

Assam has adapted a “Train the Trainers” concept, where the Government trains the CSOs/NGOs to impart training to citizens on RTI in order to maximize the reach of RTI and ensure that there is local ownership and sustainability.

Review of Public Authorities by Andhra Pradesh State Information Commission.

Public hearings at the district headquarters by Kerala State Information Commission.

The CIC website has a feature for online submission of complaints and second appeals

Since its formation in 2009, Society for Social Audit, Accountability & Transparency (SSAAT) in Andhra Pradesh has succeeded in creating a massive social capital by identifying and training more than 60,000 educated youth in the villages in conducting social audit.

Source: Understanding the “Key Issues and Constraints” in implementing the RTI Act, June 2009

The RTI law has witnessed mixed successes so far. A Times of India report dated 7 April, 2011 says that the Chief Information Commission (CIC), which has 6 information commissioners (ICs), has a pendency of around 15,000 appeals and the disposal rate is below 3,000 per commissioner.

A report titled Understanding the "Key Issues and Constraints” in implementing the RTI Act (2009) by PricewaterhouseCoopers show that there exists low awareness about RTI law among women, SCs, STs, OBCs and rural people and the quality of awareness is too poor. Unavailability of user guides is a major obstacle in RTI implementation. RTI application forms are not standardized across the states. Inadequate efforts have been made to receive RTI applications through electronic means, i.e. emails, websites etc. There is no convenient payment channel for submission of application fees. Citizens are not assisted everywhere to file RTI applications and the public information officers (PIOs) are unfriendly towards them. Most citizens are dissatisfied with the quality of information provided. It takes more than 30 days to receive information from the PIOs. PIOs are not adequately trained. The Record Management System is obsolete to carry out timely disposal of a RTI application. Unavailability of basic infrastructure such as photocopier machines hampers implementation of RTI. Information is not disseminated on a suo-moto basis. There is dearth of skilled staff. The study titled Safeguarding the Right to Information-Interim Findings of the People’s RTI Assessment 2008 tells that of the total RTI applications filed, nearly two-thirds got a response from the public authorities.

References

Understanding the “Key Issues and Constraints” in implementing the RTI Act* June 2009, http://rti.gov.in/rticorner/studybypwc/index-study.htm

Dispose of 3,200 pleas every yr: CIC by Viju B, The Times of India, 7 April, 2011, http://articles.timesofindia.indiatimes.com/2011-04-07/mumbai/29392081_1_appeals-and-complaints-rti-applicants-rti-activist

Safeguarding the Right to Information-Interim Findings of the People’s RTI Assessment 2008, October 2008, conducted by RTI Assessment & Analysis Group (RaaG) and National Campaign for People’s Right to Information (NCPRI) (in collaboration with other institutes/ organizations), http://rti-assessment.org/interim_report.pdf

Is the Internet really free in India?

2011-05-16T16:19:00.018+05:30

No, it is not. Freedom on the Net 2011: A Global Assessment of Internet and Digital Media report, which got released on 18 April, 2011, is a comprehensive study of Internet freedom in 37 countries around the globe. India receives a score of 36 points (partly free) on Freedom on the Net* as compared to 13 (free) by USA, 55 (partly free) by Pakistan and 83 (not free) by China. However, India's Freedom on the Net has declined by 2 points from 34 in 2009 to 36 in 2011.

Freedom on the Net 2011 report from Freedom House observes that governments in 15 out of 37 countries have engaged in blocking of politically relevant content. Following terrorist attacks in Mumbai during November, 2008 and expansion of Maoist insurgency, the Indian Government seems keen to control the communications sector (in the face of increased Internet and mobile phone penetration). Amendments done to the Information Technology Act in 2008 have expanded the government's censorship and monitoring capabilities. In August 2010, the Department of Telecommunications was asked by the Ministry of Home Affairs (MoHA) to suspend newly introduced 3G mobile service and halt providers’ ongoing rollout of the technology, particularly in Jammu and Kashmir. One could observe short-message service (SMS), or text messaging, being blocked periodically in Jammu and Kashmir. Mass text messaging across India got banned (for 3 days) by the Government of India on 23 September, 2010 in anticipation of a court ruling on a hotly disputed place of worship in Ayodhya.

There exists pressure since late 2009 on private intermediaries to remove certain information in compliance with administrative censorship orders, with the implementation of the amended IT Act. Ever since the IT Act was amended, Google has received more requests for data and content removal during the period 2009-2010. Apart from the Chaitanya Kunte-Barkha Dutt episode, there is hardly any instance when a blogger is asked to take down his writings. Bloggers are expected to write in a sensible manner that may not incite violence. However, arrests have been made in the past for online postings to defame historical figure or to post derogatory comments about any political leader. .

The report on Internet freedom may be relevant for those who know that the Indian government has recently proposed (in April, 2011) to regulate content on blogs. Intermediaries who provide web-hosting services, Internet service providers and online auction sites are asked not to display, upload, modify or publish any information that is 'harmful', 'threatening', 'abusive', 'harassing', 'blasphemous', 'objectionable', 'defamatory', 'vulgar', 'obscene', 'pornographic', 'paedophilic', 'libellous', 'invasive of another's privacy', 'hateful', 'disparaging', 'racially , ethnically or otherwise objectionable', 'relating to money laundering or gambling'. In response to the government's move, bloggers feel that their right to agitate and dissent would be seriously undermined due to changes in the IT Act norms. Some experts think that the new rules are going to provide a lot of discretion to non-judicial authorities so as to decide whether an intermediary has observed due diligence or not. Others feel that privacy of individuals would be violated if government has easier access to content from intermediaries. The culture of debate and discussion on the Internet could be affected if such restrictions are imposed. The new rules do not allow the bloggers to defend their content. Some of the rules appear extremely vague.

The report on digital freedom, which has been edited by Sanja Kelly and Sarah Cook tells us that website blocking and filtering, content manipulation, attacks on and imprisonment of bloggers, and cyber attacks have increased during the recent past. The study shows that Internet freedom is increasingly undermined by legal harassment, opaque censorship procedures and expanding surveillance even in democracies like India, Brazil, Indonesia, S Korea, Turkey and the UK. Popularity of advanced applications like Facebook, YouTube and Twitter among ordinary users has made governments in 12 out of 37 countries to consistently or temporarily impose bans on such services.

* Ratings by Freedom on the Net are determined through an examination of three broad categories: obstacles to access, limits on content, and violation of user rights.

1. Obstacles to Access: assesses infrastructural and economic barriers to access; governmental efforts to block specific applications or technologies; and legal, regulatory and ownership control over internet and mobile phone access providers.

2. Limits on Content: examines filtering and blocking of websites; other forms of censorship and self-censorship; manipulation of content; the diversity of online news media; and usage of digital media for social and political activism.

3. Violations of User Rights: measures legal protections and restrictions on online activity; surveillance; privacy; and repercussions for online activity, such as legal prosecution, imprisonment, physical attacks, or other forms of harassment.

Further readings:

Freedom on the Net 2011: A Global Assessment of Internet and Digital Media by Sanja Kelly and Sarah Cook,

http://www.freedomhouse.org/uploads/fotn/2011/FOTN2011.pdf

The 10 Tools of Online Oppressors by Committee to Protect Journalists, http://www.cpj.org/reports/2011/05/the-10-tools-of-online-oppressors.php

Press Freedom Index 2010, http://en.rsf.org/press-freedom-index-2010,1034.html

Concern over impact of Internet control rules on free speech by Sandeep Joshi, The Hindu, 11 May, 2011, http://www.hindu.com/2011/05/11/stories/2011051165001100.htm

India Puts Tight Leash on Internet Free Speech by Vikas Bajaj, The New York Times, 27 April, 2011, http://www.nytimes.com/2011/04/28/technology/28internet.html?_r=2

Bloggers up against restrictions by Vasudha Venugopal, The Hindu, 13 March, 2011, http://www.hindu.com/2011/03/13/stories/2011031364280800.htm

Plan to muzzle bloggers sparks outcry by Atul Thakur, The Times of India, 10 March, 2011, http://timesofindia.indiatimes.com/india/Plan-to-muzzle-bloggers-sparks-outcry/articleshow/7668026.cms

New Rules May Make Online Censorship Easier In India by John Ribeiro, CIO.in, 8 March, 2011, http://www.cio.in/news/new-rules-may-make-online-censorship-easier-india-92972011

Bloggers call content regulation a gag on freedom by Srividya Iyer, The Economic Times, 9 March, 2011, http://economictimes.indiatimes.com/tech/internet/bloggers-call-content-regulation-a-gag-on-freedom/articleshow/7659593.cms

A Revolution, Unplugged by Aprille Muscara, 1 February, 2011, http://ipsnews.net/news.asp?idnews=54316

IT Act, if enforced, will leave Internet use no freer than in China, DNA India

http://www.dnaindia.com/lifestyle/report_it-act-if-enforced-will-leave-internet-use-in-india-no-freer-than-in-china_1543284

Draconian rulebook irks netizens, Deccan Chronicle

http://www.deccanchronicle.com/tabloid/chennai/draconian-rulebook-irks-netizens-356

India sliding down Internet freedom - Freedom Institute, RTN

http://rtn.asia/275_india-sliding-down-internet-freedom-freedom-institute

New cyber regulation smells of Big Brother, Hindustan Times

http://www.hindustantimes.com/New-cyber-regulations-smell-of-Big-Brother/Article1-695089.aspx

Google opposes proposed Internet law, India Today

http://indiatoday.intoday.in/site/story/google-opposes-proposed-internet-restrictions-in-india/1/137758.html

Google external lawyer on India, Wall Street Journal

http://blogs.wsj.com/indiarealtime/2011/05/12/google-external-lawyer-on-india%E2%80%99s-net-rules/

Flagged for Removal: Online Censorship on the Rise by Aprille Muscara, 2 May, 2011, http://ipsnews.net/news.asp?idnews=55464

Agriculture–Pathways to Prosperity in Asia and the Pacific

2011-04-27T13:40:00.006+05:30

Almost 4 months after the Rural Poverty Report 2011 was released, a newly published report from IFAD concentrates on rural poverty and agriculture in Asia and the Pacific region. The reason behind this increased attention on this part of the world may be that more than 680 million people in the Asia-Pacific region still continues to live on less than $1.25 a day, and 70 per cent of them reside in Bangladesh, India, Nepal and Pakistan. This has been observed by the report titled Agriculture–Pathways to Prosperity in Asia and the Pacific, March 2011. Most of the poor from this region are either landless or own a limited piece of land, possess large families, are less educated and have limited access to credit and technology.

The IFAD report shows that intensity of multidimensional poverty (MPI) is highest in South Asia, which houses 29.5 percent of global population, but has 51 per cent of the world’s multi-dimensionally poor. India, Bangladesh, Nepal and Pakistan have high MPIs in South Asia. 51 per cent of the population in Pakistan, 58 per cent in Bangladesh, 55 per cent in India, and 65 per cent of population in Nepal are MPI poor. Living standard has the highest contribution to poverty in India, Bangladesh and Nepal. Deprivation rates in health parameters are found high in Pakistan and Nepal. Deprivation in terms of nutrition is high in Nepal and India. China has only 13 per cent of the population that is MPI poor, while Thailand has only 0.8 per cent. India, Afghanistan and Bangladesh have close to 50 per cent of rural children who are undernourished.

Smallholders in India who operate/ own less than 2 hectares accounted for about 71 per cent of the rural households in 1993 and about 88 per cent in 2004 indicating increase in land fragmentation. Nearly, 25.3 percent of the rural households in India were chronically poor during the period 1971-1982. The NCAER study shows that 30.0 percent of the rural households in India were chronically poor during the period 1969-71.

Almost 70 percent of poor live in rural areas of Asia and they depend on agriculture for their livelihood. In South Asia, about 80 per cent of the poverty remains a rural problem despite rapid industrialization and economic growth, according to the report titled Agriculture–Pathways to Prosperity in Asia and the Pacific.

The IFAD report mentions some of the shocks that erode poor people's assets and capabilities such as: natural disasters, climate change, pest outbreaks (e.g. avian influenza), vulnerability to food price fluctuations, illness, and death. It explains some of the risk-coping mechanisms households usually undertake in the face of poverty for e.g. selling productive assets, borrowing, depleting savings, migrating, and reducing expenditure on food, healthcare and education (notably affecting women and children).

There exist gender inequalities in education, economic opportunities, wages and nature and extent of work, according to the IFAD report. A study in West Bengal shows that among women who had taken loans for income-generating activities, only 5 per cent reported having total autonomous control over the money; 56 per cent reported that they share control over the loan money with their husbands; and 38 per cent reported that their husbands have sole control over the proceeds of the loan. Women’s share in non-agricultural wage employment remains low, particularly in South Asia. For India, it is estimated that 55 per cent of the wage gap between men and women cannot be explained by productivity and endowments, which suggests the presence of systematic gender-based discrimination in pay.

The decline in the proportion of people living in rural areas between the period 2000-04 and 2005-09 has been more prominent in East Asia and South East Asia as compared to Central Asia and South Asia. The IFAD report suggests that rural population in Asia and the Pacific region is likely to peak in 2014, with the total numbering 2400 million, which would decline thereafter. The contribution of agricultural value added to GDP is low in the entire region, and declined marginally between 2000-04 and 2005-09 for South East Asia and Pacific Island, and, more significantly in East, South and Central Asia. South Asia (31 percent) has seen lowest growth in per capita income between 2000-04 and 2005-09 as compared to East Asia (64 percent) and Central Asia (43 percent).

The effect of rise in food prices on GDP between 2006 and 2007-08 is considerable as a 50 per cent rise in food price decreases the GDP of Asia and the Pacific Region by 1.05 per cent. A combined shock of a 60 per cent rise in food and fuel prices decreases GDP by 1.41 per cent.

The report finds that usage of ICTs helped farmers in terms of knowing prices of agricultural commodities or weather conditions for e.g. SEWA (India) performs this service for women and ITC’s e-choupal (India) uses SMS to inform small producers. In India, the number of self-help groups linked to banks has increased from about 500 in the early 1990s to more than 3 million in 2008. The Indian Dairy Cooperatives network comprises 12 million members, including landless labourers and women, and produces 22 per cent of India’s milk supply. In order to increase the welfare of migrants, Rajasthan introduced mobile ration cards for its them, while Orissa and Madhya Pradesh introduced improvements in the safety and efficiency of remittances.

The report finds that diversification of agriculture into livestock and aquaculture has added to increased prosperity and food security in China, Vietnam, Sri Lanka, Laos and Philippines. It finds that the linkage between agricultural (rural) and industry (mainly around urban centres) remained weak in major South Asian countries except China and Vietnam. In India during the process of economic transition, not enough movement of labour took place from agriculture to industry. On average, rural non-farm income (RNFY) constitutes roughly 50 per cent of rural household income in Asia and the Pacific Region, of which 40 per cent comes from local non-farm business and employment and the remaining from transfers and remittances. Due to paucity of human, financial and physical capital, the poor households often remain confined to the low-productivity non-farm activities, which trap them in poverty. Gender, caste and social status determine one's participation in non-farm jobs. Evidence suggests that each dollar of additional value added in agriculture generates USD 0.6 to USD 0.8 of additional rural nonfarm economy’s income in Asia and the Pacific Region. Based on state level time series data for India covering the period 1971-72 to 1983-84, it has been found that expansion of casual non-farm employment is strongly correlated with growth in agricultural wages.

On the basis of simulations the report finds that the Asia and Pacific region would require a 56 per cent increase in agricultural ODA, a 28 per cent increase in agricultural expenditure, a 23 per cent increase in fertilizer use, or a 24 per cent increase in agricultural investment during 2007-13 in order to achieve the MDG 1 (at US$2 poverty line). It suggests that investment in agriculture is the key to poverty alleviation. For the Asia and the Pacific region, the elasticity of the head-count ratio of poverty with respect to agricultural growth is -1.18 (at $2 a day poverty line) and -2.73 (at $1.25 a day poverty line). Government can play a pivotal role in organizing the smallholders (who face several challenges, such as high transaction costs in accessing inputs, credit and marketing facilities) so that they participate in supply chain/ supermarkets. IFPRI estimates that 87 per cent of the world’s small farms (those less than 2 hectares) are in Asia and the Pacific Region. Secured land rights and women having joint ownership of land can increase productive investment in agriculture.

Key findings of the report:

In 2005, the total number of people living in extreme poverty, defined as those living on less than US$1.25/day (2005 PPP) was 1.4 billion in the world. Of these, approximately 1 billion, i.e. about 70 per cent live in rural areas.

The number of rural poor has declined rapidly in Asia and the Pacific Region over the past decade (from 1057 million to 687 million).

While East Asia had over 500 million rural poor two decades ago, the number today stands at only 117 million.

The incidence of rural poverty has declined from 59 per cent to 31 per cent in the last two decades for the Asia and the Pacific region as a whole.

While in East Asia, poverty as a share of rural population is close to 15 per cent, in South Asia over 45 per cent of the rural people are poor.

In East Asia the rural poverty incidence declined from over 63 per cent to 15 per cent over the past two decades. Similarly, in South East Asia the incidence of rural poverty declined from 52 per cent to about 26 per cent in the last two decades.

Sri Lanka, Indonesia, Vietnam, Bangladesh, Lao PDR and China have made significant progress in reducing hunger. Slower progress has been made by India, Pakistan, the Philippines and Nepal.

51 per cent of the population in Pakistan, 58 per cent in Bangladesh, 55 per cent in India, and 65 per cent of population in Nepal are MPI poor.

There are over one billion youth in the world today. Eighty five per cent of them live in the developing world. Some 61.5 per cent live in Asia and the Pacific.

In India, over 300,000 children work in the carpet industry, many of them under conditions that amount to bonded labour.

In rural India, about 47 per cent were poor while nearly 75 per cent were vulnerable.

In India, a study by Gaiha and Imai (2007) based on the analysis of the 61st NSS Round (2004-05) shows both higher incidence and intensity of poverty among the marginalised groups including Scheduled Castes and Scheduled Tribes. While the overall incidence of poverty in rural India was about 25 per cent, among the STs and SCs, about 44 per cent and 32 per cent, respectively, of the households were poor. The incidence of poverty among others was 19 percent. The causes behind this phenomenon are: poor quality of education, remote locations, limited access to markets and lack of decent physical and social infrastructure.

More than half the deaths caused by natural disasters in 1985-94 were concentrated in South Asia. From 1995-2004, the share of East Asia and the Pacific in the total number of deaths rose to 59 per cent while the share of South Asia dropped to about 20 per cent.

The average holding size is 0.5 hectare for Bangladesh, 0.8 hectare for Nepal and Sri Lanka, 1.4 hectares for India and 3 hectares for Pakistan.

There has been a fall or slowing down of growth in monthly wage rates in most countries of Asia and the Pacific region including India during 2006-2009.

Sectoral composition of rural non farm economy indicates that rural non-farm employment is almost equally distributed between manufacturing (27 per cent), trade and transport (29 per cent) and financial and personal services (31 per cent) in Asia and the Pacific Region.

In India, for instance, while the ratio of non-farm to agricultural income is 4.5 to 1 for the average household, for the poor it is only 0.75 to 1.

A 1 per cent growth in agricultural value added per capita results in a GDP (per capita) growth rate of 2.13 per cent.

South Asia (or South East Asia) would need only a 5 per cent (or 8 per cent) increase in annual growth rate of agricultural ODA, 2 per cent (or 4 per cent) increase in annual growth rate of agricultural expenditure, 3 per cent (or 4 per cent) increase in annual growth rate of fertilizer, or 2 per cent (or 3 per cent) increase in annual agricultural investment in 2007-13 over and above the baseline scenario to achieve MDG 1, at US$2 a day, by 2015.

The world population is expected to be about 9.1 billion in 2050. With increasing urbanization and high income levels, food production must increase by 70 per cent to meet the food demand in 2050. Since the scope for net increase in arable land is highly limited (especially in Asia and the Pacific Region), 90 per cent of this additional food requirement has to be met through increases in yields in areas with intensive agriculture.

References:

Agriculture–Pathways to Prosperity in Asia and the Pacific by the IFAD, March 2011, http://www.ifad.org/pub/apr/pathways.pdf

Investing in agriculture key to ending extreme rural poverty in South Asia – UN, The United Nations, 19 April, 2011,

http://www.un.org/apps/news/story.asp?NewsID=38149&Cr=asia-pacific&Cr1=

Government versus Citizen’s Lokpal Bill*

2011-04-16T13:43:00.004+05:30

Instead of the Group of Ministers (GoM) in the Joint Committee deciding exclusively on the draft Lokpal Bill, participation of civil society organizations has been demanded. There has been a call by Anna Hazare for setting up of a joint committee with 50 per cent representation for citizens and 50 per cent for the government for formulation of a strong Lokpal Bill. However, a ministerial Sub-Committee of the Group of Ministers on Corruption denied of any precedent for a joint committee. The Mazdoor Kisan Shakti Sangathan (MKSS) differed with Anna Hazare and it said that its focus is not on ensuring that there is 50% representation for civil society in the drafting committee but "to demand that the government immediately announce its intention to pass a strong lokpal legislation based on wide public consultations".

Unlike the government's Lokpal Bill, Lokpal has been given police powers under Jan Lokpal Bill. Therefore, Lokpal can register an FIR and also prosecute.

The Jan Lokpal Bill proposes that the office of the PM should be under the scanner of the Lokpal. However, the Government's Lokpal Bill version does not include charges of corruption against the Prime Minister in matters of “national security, maintenance of public order, national defence and foreign relations” (Section 10).

The Jan Lokpal Bill has the provision that investigation in any case will have to be completed in one year, and punishment would be a jail term of minimum 5 years and maximum of life imprisonment. The government's version recommends a prison term of minimum 6 months and maximum 7 years as punishment for corruption. There is no time limit on the period for investigation in case of the Government’s Lokpal Bill.

Government's Lokpal will not have any power to either initiate action suo motu in any case or even receive complaints of corruption from public. The general public will make complaints to the speaker of Lok Sabha or chairperson of Rajya Sabha. Only those complaints forwarded by Speaker of Lok Sabha/Chairperson of Rajya Sabha to Lokpal would be investigated by Lokpal. This not only severely restricts the functioning of Lokpal, it also provides a tool in the hands of the ruling party to have only those cases referred to Lokpal which pertain to political opponents (since speaker is always from the ruling party). The Jan Lokpal proposes full powers to initiate investigations suo motu in any case and also to directly entertain complaints from the public.

Both financial and operational autonomy should be given to Lokpal and Lokayukta and the process of selection of both the bodies must be transparent and participatory without any intervention by political establishment. The selection committee under Jan Lokpal Bill consists of members from judicial background, Chief Election Commissioner, Comptroller and Auditor General of India and international awardees (like Nobel prize winners and Magsaysay awardees of Indian origin). However, selection committee under Government's Lokpal Bill consists of Vice President, PM, Leaders of both houses, Leaders of opposition in both the houses, Law Minister and Home minister. Barring Vice President, all of them are politicians whose corruption Lokpal is supposed to investigate. So there is a direct conflict of interest. Also selection committee is heavily loaded in favor of the ruling party. Effectively ruling party will make the final selections.

The government wants Lokpal to be an advisory body, which will only forward its enquiry report to the competent authority for action. The Jan Lokpal Bill, on the contrary, proposes powers to initiate prosecution after completion of investigations.

Loss caused to the government owing to corruption will be recovered from all the accused under the Jan Lokpal Bill. There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money recovered under section 19 of this Jan Lokpal Act shall also be deposited by the Government. However, there is no such provision under the Government's Lokpal Bill.

Government's version of the Lokpal Bill does not talk of investigation of complaints against judges unlike the Jan Lokpal Bill. However, critics are arguing against an all powerful Lokpal.

The Jan Lokpal Bill says that Lokpal will have power to direct disciplinary action, including dismissal of a corrupt officer from job, which the Government's Lokpal Bill misses out.

There will not be a public grievance redressal system under the Government's Lokpal Bill. Lokpal will have the powers to order redressal in a time bound manner under the Jan Lokpal Bill. However, the NAC and MKSS are of the view that the Lokpal cannot adequately meet the requirements of a grievance redressal system.

There are provisions to protect the whistleblowers under the Jan Lokpal Bill, which is completely absent in the Government's Lokpal Bill.

Lokpal will consist of three members, all of them being retired judges under the Government's Lokpal Bill. By creating so many post retirement posts for judges, the government will make the retiring judges vulnerable to government influences just before retirement as is already happening in the case of retiring bureaucrats. According to the Jan Lokpal Bill, Lokpal would have ten members and one Chairperson. Out of them four need to have legal background (they need not be judges). Others could be from any background.

There is no mention of the CBI's role after the Bill is enacted in the Government's Lokpal Bill. The Jan Lokpal Bill proposes that the anti-corruption wing of the CBI shall be merged with Lokpal.

* Compiled from various sources

Further readings:

Why is RTI back in news?, http://www.im4change.org/news-alert/why-is-rti-back-in-news-6740.html

Anna Hazare will go on an indefinite fast from 5th April 2011 to bring anti-corruption law on the lines of “Jan Lokpal Bill”,

http://indiaagainstcorruption.org/docs/Anna%20Hazare%27s%20fast%20unto%20death%20%28English%29.pdf

http://indiaagainstcorruption.org/anna.php

Draft anti-corruption Bill,

http://www.indiaagainstcorruption.org/doc/civil_society_s_lokpal_bil.pdf

Draft Lokayukta Bill,

http://www.indiaagainstcorruption.org/doc/Lokayukta_Bill_ver_1.5.pdf

Govt.'s Lokpal Bill,

http://www.indiaagainstcorruption.org/doc/Govt._s_Lokpal_Bill_2010.pdf

Critique of Govt.'s Lokpal Bill,

http://www.indiaagainstcorruption.org/doc/Critique_of_Govt._s_Lokpal_Bill_2010.pdf

No nepotism in Lokpal Bill panel: Hazare, IANS, 10 April, 2011, http://dailypioneer.com/330658/No-nepotism-in-Lokpal-Bill-panel-Hazare.html

Politicians close ranks by JP Yadav, The Telegraph, 10 April, 2011, http://www.telegraphindia.com/1110410/jsp/nation/story_13834926.jsp

Nepotism cry in Anna camp, The Telegraph, 10 April, 2011, http://www.telegraphindia.com/1110410/jsp/frontpage/story_13835024.jsp

Ramdev hijacks graft stage for politics, The Times of India, 9 April, 2011, http://timesofindia.indiatimes.com/india/Ramdev-hijacks-graft-stage-for-politics/articleshow/7922725.cms

Jan Lokpal will be a ‘super' government, feels Congress by Aarti Dhar, The Hindu, 9 April, 2011, http://www.hindu.com/2011/04/09/stories/2011040966411800.htm

Jan Lokpal Bill undermines democracy: experts by Marya Shakil, IBN, 8 April, 2011, http://ibnlive.in.com/news/jan-lokpal-bill-undermines-democracy-experts/148609-3.html

Smell of a revolution as crowds gather to back Hazare by Neha Tara Mehta, India Today, 7 April, 2011, http://indiatoday.intoday.in/site/Story/134541/india/lokpal-bill-smell-of-a-revolution-as-crowds-gather-to-back-hazare.html

Lokpal Bill: United in opposition, civil society a divided lot by Manoj Mitta, The Times of India, 7 April, 2011, http://timesofindia.indiatimes.com/india/Lokpal-Bill-United-in-opposition-civil-society-a-divided-lot/articleshow/7892019.cms

Anna Hazare rejects govt offer of informal panel to rewrite Bill, The Indian Express, 7 April, 2011, http://www.indianexpress.com/news/anna-hazare-rejects-govt-offer-of-informal-panel-t.../773025/

Govt, Hazare supporters agree to talk again, IBN, 7 April, 2011, http://ibnlive.in.com/news/govt-hazare-supporters-agree-to-talk-again/148545-3.html

Hazare insists on joint panel to draft Lokpal Bill, Live Mint, 7 April, 2011, http://www.livemint.com/2011/04/07125908/Hazare-insists-on-joint-panel.html?h=A1

BJP & CPM on activist side by JP Yadav, The Telegraph, 7 April, 2011, http://www.telegraphindia.com/1110407/jsp/nation/story_13821901.jsp

Focus on Jan Lokpal Bill, The Hindu, 7 April, 2011, http://www.hindu.com/2011/04/07/stories/2011040760320400.htm

Centre says it's ready for talks with Anna Hazare by Sandeep Joshi, The Hindu, 7 April, 2011, http://www.hindu.com/2011/04/07/stories/2011040763400100.htm

Of the few, by the few by Pratap Bhanu Mehta, The Indian Express, 7 April, 2011, http://www.indianexpress.com/news/of-the-few-by-the-few/772773/0

Cracks appear in Anna’s team, Govt plans to reach out by Seema Chishti and Maneesh Chhibber, Express India, 7 April, 2011, http://www.expressindia.com/latest-news/Cracks-appear-in-Annas-team-Govt-plans-to-reach-out/772834/

Lokpal Bill: Government vs Anna Hazare, IBN, 6 April, 2011, http://ibnlive.in.com/news/lokpal-bill-government-vs-anna-hazare/148415-3.html

Hazare fast: people heckle, chase out politicos, IBN, 6 April, 2011, http://ibnlive.in.com/news/politicos-heckled-not-allowed-to-meet-hazare/148450-37-64.html

Sharad Pawar quits GoM on Lokpal bill, IBN, 6 April, 2011, http://ibnlive.in.com/news/sharad-pawar-quits-gom-on-corruption/148466-37-64.html

Don't insult this movement, Hazare tells Manmohan, The Times of India, 6 April, 2011, http://timesofindia.indiatimes.com/india/Dont-insult-this-movement-Hazare-tells-Manmohan/articleshow/7884785.cms

Anna Hazare's anti-graft campaign gathers steam, IBN, 6 April, 2011, http://ibnlive.in.com/news/anna-hazares-antigraft-campaign-gathers-steam/148396-3.html

On day Anna Hazare begins fast, NAC too calls for lokpal debate, The Times of India, 6 April, 2011, http://timesofindia.indiatimes.com/india/On-day-Anna-Hazare-begins-fast-NAC-too-calls-for-lokpal-debate/articleshow/7880511.cms

Lokpal Bill: Anna Hazare continues fast, slams Congress for misleading people, The Times of India, 6 April, 2011, http://timesofindia.indiatimes.com/india/Lokpal-Bill-Anna-Hazare-continues-fast-slams-Congress-for-misleading-people/articleshow/7882342.cms

Hazare rejects Pawar's offer to quit from Lokpal Bill GoM, ANI, 6 April, 2011, http://in.news.yahoo.com/hazare-rejects-pawars-offer-quit-lokpal-bill-gom-20110406-050516-000.html

A soldier rises against the government by G Vishnu, Tehelka, 6 April, 2011, http://tehelka.com/story_main49.asp?filename=Ws060411ACTIVISM.asp

Anna Hazare's fast against corruption strikes huge chord, NDTV, 6 April, 2011, http://www.ndtv.com/article/india/anna-hazares-fast-against-corruption-strikes-huge-chord-96593

War against corruption: Anna fasts for graft law by Rupashree Nanda, IBN, 6 April, 2011, http://ibnlive.in.com/news/war-against-corruption-anna-fasts-for-graft-law/148339-3.html

Hazare's action premature: Congress by Smita Gupta, The Hindu, 6 April, 2011, http://www.hindu.com/2011/04/06/stories/2011040662711200.htm

BJP seeks all-party meeting on Lokpal Bill, The Hindu, 6 April, 2011, http://www.hindu.com/2011/04/06/stories/2011040655071100.htm

Mumbai rallies behind Hazare in anti-corruption drive by Vinaya Deshpande, The Hindu, 6 April, 2011, http://www.hindu.com/2011/04/06/stories/2011040662701200.htm

He should have waited, says Santosh Hegde by Sudipto Mondal, The Hindu, 6 April, 2011, http://www.hindu.com/2011/04/06/stories/2011040662691200.htm

'It's Sharad Pawar's old habit to indulge in corruption', Rediff.com, 6 April, 2011, http://www.rediff.com/news/slide-show/slide-show-1-corruption-a-bigger-threat-to-india-than-pakistan-says-anna-hazare/20110406.htm

Anna Hazare begins fast-unto-death by Jiby Kattakayam, The Hindu, 6 April, 2011, http://www.hindu.com/2011/04/06/stories/2011040653261300.htm

Why Hazare, others oppose govt's Lokpal Bill 2010, NDTV, 5 April, 2011, http://www.ndtv.com/article/india/why-hazare-others-oppose-govts-jan-lokpal-bill-2010-96609

What is the Jan Lokpal Bill, why it's important?, NDTV, 5 April, 2011, http://www.ndtv.com/article/india/anna-hazares-fast-against-corruption-strikes-huge-chord-96593

The fatal flaws in the government's Lokpal Bill by Iftikhar Gilani, Tehelka, 5 April, 2011, http://tehelka.com/story_main49.asp?filename=Ws050411ACTIVISM.asp

Lokpal vs Jan Lokpal: A study in contrast, India Today, 5 April, 2011, http://indiatoday.intoday.in/site/Story/134429/latest-headlines/lokpal-vs-jan-lokpal-a-study-in-contrast.html

Indian activist Anna Hazare begins anti-graft fast, BBC, 5 April, 2011, http://www.bbc.co.uk/news/world-south-asia-12968151

Former soldier Anna Hazare now fights for Lokpal Bill by Makarand Gadgil, Live Mint, 5 April, 2011, http://www.livemint.com/2011/04/05224435/Former-soldier-Anna-Hazare-now.html

Anna Hazare's fast unto death for Jan Lokpal Bill begins today, NDTV, 5 April, 2011, http://www.ndtv.com/article/delhi/anna-hazares-fast-unto-death-for-jan-lokpal-bill-begins-today-96454

PMO appeals to Hazare to give up fast plan by Smita Gupta, The Hindu, 5 April, 2011, http://www.hindu.com/2011/04/05/stories/2011040562881600.htm

FAQ: What is Lok Pal Bill? Why the ruckus over it? by Kaushiki Sanyal, Rediff.com, Rediff.com, 5 April, 2011, http://www.rediff.com/news/slide-show/slide-show-1-faq-what-is-lok-pal-bill/20110405.htm

Anna Hazare plans fast unto death for strong Lokpal bill, IANS, 4 April, 2011, http://in.news.yahoo.com/anna-hazare-plans-fast-unto-death-strong-lokpal-20110404-071415-968.html

Consultation shows consensus on Lokpal Bill may not be easy by Smita Gupta, The Hindu, 4 April, 2011, http://www.hindu.com/2011/04/04/stories/2011040457531400.htm

Lokpal Bill: ‘no precedent for a joint committee' by Smita Gupta, The Hindu, 30 March, 2011, http://www.hindu.com/2011/03/30/stories/2011033066621700.htm

Aruna Roy, Magsaysay award winner and former bureaucrat interviewed by Danish Raza, Governance Now, 21 March, 2011,

http://www.governancenow.com/views/interview/lobbies-backed-bureaucrats-working-sabotage-rti

Global Crop Outlook 2011

2011-04-15T15:17:00.002+05:30

The Crop Prospects and Food Situation report of Food and Agriculture Organization (FAO) released in March, 2011 paints a gloomy picture of world wheat production for the present year. It says that although world wheat production in 2011 will increase by 3.4 percent as compared to 2010 to reach the level of 676 million tonnes, production would still be lesser than the bumper harvests of 2008 and 2009. Prospects for 2011 winter crops i.e. wheat and barley remains favourable for India and Pakistan. Prospects for irrigation based rice harvest are also strong in 2011 for India despite weather irregularities. However, rice prices could soar in 2011 in India.

As per the second advance estimates released by Ministry of Agriculture on 9.2.2011, production of foodgrains during 2010-11 is estimated at 232.07 million tonnes compared to 218.11 million tonnes last year. This is only marginally below the record production of 234.47 million tonnes of foodgrains in 2008-09. The country is likely to achieve record production of wheat (81.47 million tonnes), pulses (16.51 million tonnes) and cotton (33.93 million bales of 170 kg. each) in 2010-11.

Crop prospect around the world

Due to the existence of inflationary forces as price signals globally, production side is going to receive strong responses. Increased yield recovery along with more plantings in Russia and Ukraine are expected to increase wheat production. Unlike the United States, larger plantings have been forecasted in Canada. Despite easing of drought situation in North Plain by recent precipitation, uncertainty over wheat production looms large in China.

Kazakhstan will maintain high planting level due to strong prices thus ensuring higher production.

Significant increase in wheat production is likely to be achieved in North Africa. Yields would return to average after bumper levels in 2010 for Australia and Argentina. Unlike Argentina and Uruguay, prospects of maize production are favourable in Brazil owing to good rainfall. Similarly, prospect for coarse grain production is positive in South Africa, Malawi and Zambia. Japan is going to face setback in rice production in the aftermath of tsunami.

The first 2011 season rice crop will see production increases in Argentina, Australia, Brazil, Indonesia and Uruguay.

The report also adds that the estimate for world wheat production in 2010 now stands at almost 654 million tonnes, 1 million tonnes above FAO's December forecast but still some 4 percent less than in 2009. Similarly, the estimate for coarse grain output is now put at 1117 million tonnes, 7 million tonnes up from the previous forecast due to favourable increased estimates for China, India, Ethiopia and Sudan. There has been a downward revision in rice production in India due to which estimate for global rice production in 2010 remains unchanged. World cereal stock in 2010/11 fell due to decline in world production in 2010 and rise in demand.

Price situation

Inflationary forces are keeping international prices of cereals buoyant. Wheat prices are likely to skyrocket due to widespread hoarding. Higher prices of wheat, rice, sugar and dairy products pushed the FAO Food Price Index – a measure of basic food prices at the international level to 236 points in February, up 2.2 per cent from January, the highest record in real and nominal terms, since the Rome-based agency started monitoring prices in 1990. The Cereal Price Index, which includes prices of main food staples such as wheat, rice and maize, rose by 3.7 percent in February (254 points), the highest level since July 2008. World Bank’s food price index, rose by 15 per cent between October and January and is now only 3 per cent below its 2008 peak.

The key challenges before world agriculture as identified by the United Nations are: soaring prices, weather-related disasters such as droughts, floods and fires, political changes and instability that are disrupting food supply chains and under-investment in agriculture.

Further readings:

Global wheat production to increase in 2011,

http://www.fao.org/news/story/en/item/53813/icode/

Crop Prospects and Food Situation, No. 1, March, 2011,

http://www.fao.org/docrep/013/al977e/al977e00.pdf

Recent oil price surge adds to concerns over high food prices, FAO, 3 March, 2011, http://www.fao.org/news/story/en/item/51913/icode/

Global food prices increase for eighth straight month, UN agency reports, The United Nations, 3 March, 2011,

http://www.un.org/apps/news/story.asp?NewsID=37671&Cr=food+prices&Cr1=

UN food experts call for increased agricultural investment to offset soaring prices, The United Nations, 18 February, 2011,

http://www.un.org/apps/news/story.asp?NewsID=37570&Cr=food+prices&Cr1=

Wheat Hoarding Likely to Be `Widespread,' Prompting Price Gains, UN Says by Luzi Ann Javier, Bloomberg, 10 February, 2011, http://www.bloomberg.com/news/2011-02-10/un-sees-risk-of-widespread-hoarding-as-wheat-prices-jump-on-china-drought.html

Rising Food Prices May Not Signal New Crisis by Aprille Muscara, IPS News, 4 February, 2011, http://ipsnews.net/news.asp?idnews=54366

Govt may lift ban on export of wheat by Sanjeeb Mukherjee, The Business Standard, 12 March, 2011,

http://www.business-standard.com/india/news/govt-may-lift-banexportwheat/428265/

http://agricoop.nic.in/Agenda2011.pdf

Commerce dept wants wheat export ban lifted, The Economic Times, 9 March, 2011, http://articles.economictimes.indiatimes.com/2011-03-09/news/28672511_1_minimum-export-price-ban-on-wheat-exports-ponni-and-matta

Wheat prices climb after Russia cuts crop forecast, The Associated Press, 18 March, 2011, http://www.businessweek.com/ap/financialnews/D9M1RE9O0.htm

Heil Hazare!

2011-04-12T17:23:00.011+05:30

Deng Xiaoping once told that it doesn't matter if a cat is black or white, so long as it catches mice. Hazare's fast against corruption was something similar to Deng's cat, which didn't care much about the means (ideology) but was worried about the end (Jan Lokpal law) desperately.

Probably, Hazare who is less educated (studied till class VII) than most of our social activists (Patkar got involved in Narmada Bachao Andolan while she was doing her M.Phil. from TISS; Aruna Roy was a civil servant; Swami Agnivesh was a full-fledged Business Management lecturer at St. Xavier's college, Calcutta once upon a time) thought that anything could be said against Indian democracy and the progressive elements in the government and the opposition (leave aside Sharad Pawar here) in the midst of media frenzy at Jantar Mantar. The Jan Lokpal Bill proposed to subvert representative democracy by bureaucratizing the process of selection of the Lokpal members. It was talking about concentrating power in one institution.

The middle class could not realize this since they knew little about social activism and the leaders despite relying on social media. Still they were pulled towards that venue in Delhi, where Hazare was fasting much like the media persons on a futile basis that something was going to erupt similar to Egypt or Tunisia. Whatever followed later was nothing but mass hysteria that grabbed the attention of the entire nation for nearly a week.

Anna was enterprising enough to woo salwar clad TV journalists, who flocked him as soon as they found equal opportunity of interviewing other bigwigs like Magsaysay winner Arvind Kejriwal or eminent lawyer Prashant Bhusan. It was a season of do or die for the journos.

It may be true that the father, son and the holy ghost (Hazare himself) trio are present in the Lokpal draft Joint Committee now (please don't confuse me with Baba Ramdev), but I am worried about the kind of support Hazare is further going to provide to the right wing under the garb of an anti-corruption law.

Anna knew that the RSS and its fraternal organizations could co-opt his mission, which made him to end his fast so soon. (I realized after visiting Jantar Mantar the other day that the place has become a Peepli Live like mela where shakha pracharaks were found in abundance shouting Bharat Mata ki Jai, Vande Mataram). Later Anna had nothing left but to voice his support for BJP and some of its leaders.

But there are others who feel that Hazare's ghost could be seen on numerous occasions waving hand to Chhatrapati Shivaji and his followers in the political history of Maharastra. Perhaps this is the reason why his version of Gandhianism is more violent, sectarian and unsafe compared to the Government's version of the Lokpal Bill. What do you think?

Further readings:

Citizen Anna and agent Prashant by Rashmee Roshan Lall, The Times of India, 10 April, 2011,

http://timesofindia.indiatimes.com/home/sunday-toi/special-report/Citizen-Anna-and-agent-Prashant/articleshow/7931100.cms

Jan Lok Pal is no solution,

http://www.dailypioneer.com/330414/Jan-Lok-Pal-is-no-solution.html

Tavleen Singh: A despotic Jan Lokpal Bill is not the solution

http://luthfispace.blogspot.com/2011/04/tavleen-singh-despotic-jan-lokpal-bill.html

The Hazare hazard, 6 April, 2011

http://www.business-standard.com/india/news/the-hazare-hazard-/431045/

Against Jan Lok Pal and the politics of hunger strikes

http://acorn.nationalinterest.in/2011/04/08/against-jan-lok-pal-and-the-politics-of-hunger-strikes/

Anna Hazare is good. But Jan Lokpal Bill is an institutional nightmare.

http://luthfispace.blogspot.com/2011/04/anna-hazare-is-good-but-jan-lokpal-bill.html

Vital Stats: Corruption cases against government officials, PRS Legislative Research,

http://www.prsindia.org/administrator/uploads/general/1302269425~~Vital%20Stats%20-%20Corruption%20cases%20against%20government%20officials%2008Apr11.pdf

Deconstructing the Anna Hazare campaign by Vidya Subrahmaniam, The Hindu, 16 April, 2011, http://www.hindu.com/2011/04/16/stories/2011041652881000.htm

Anna Hazare, others declare assets, The Hindu, 16 April, 2011, http://www.hindu.com/2011/04/16/stories/2011041662461600.htm

Lokpal bill will fight graft at centre, not states: N. Santosh Hegde, IANS, 15 April, 2011, http://economictimes.indiatimes.com/news/politics/nation/lokpal-bill-will-fight-graft-at-centre-not-states-n-santosh-hegde/articleshow/7988121.cms

Hazare's Lokpal campaign cost over Rs 50 lakh, The Economic Times, 15 April, 2011, http://economictimes.indiatimes.com/news/politics/nation/hazares-lokpal-campaign-cost-over-rs-50-lakh/articleshow/7986762.cms

Of fast and fasting by Gopalkrishna Gandhi, The Telegraph, 14 April, 2011, http://telegraphindia.com/1110414/jsp/opinion/story_13839314.jsp

Anna Hazare and 4 others on Lokpal panel to declare assets on Friday, The Economic Times, 14 April, 2011, http://economictimes.indiatimes.com/news/politics/nation/anna-hazare-and-4-others-on-lokpal-panel-to-declare-assets-on-friday/articleshow/7982766.cms

Sharmila accuses Centre of “double standards” by Iboyaima Laithangbam, The Hindu, 14 April, 2011, http://www.hindu.com/2011/04/14/stories/2011041465202200.htm

Why I didn’t join Anna Hazare by Javed Anand, The Indian Express, 14 April, 2011, http://www.indianexpress.com/news/why-i-didnt-join-anna-hazare/775806/

Hazare clarifies remarks on Modi, but activists unrelenting by Manas Dasgupta, The Hindu, 13 April, 2011,

http://www.hindu.com/2011/04/13/stories/2011041364651600.htm

Why this sordid surrender? by CL Manoj, The Economic Times, 13 April, 2011, http://economictimes.indiatimes.com/opinion/guest-writer/why-this-sordid-surrender/articleshow/7968458.cms

Lokpal Bill should include PM too, says Santosh Hegde by Manu Aiyappa, The Times of India, 13 April, 2011, http://timesofindia.indiatimes.com/city/bangalore/Lokpal-Bill-should-include-PM-too-says-Santosh-Hegde/articleshow/7966717.cms

Disquiet over Modi in Anna Hazare's camp by Manoj Mitta, The Times of India, 13 April, 2011, http://timesofindia.indiatimes.com/india/Disquiet-over-Modi-in-Anna-Hazares-camp/articleshow/7968020.cms

Lokpal Bill must cover NGOs, corporates: Digvijaya, The Indian Express, 13 April, 2011, http://www.indianexpress.com/news/Lokpal-Bill-must-cover-NGOs--corporates--Digvijaya/775346/

Anna optimistic, but lokayuktas fail in states by Sumit Pande, CNN-IBN, 12 April, 2011, http://ibnlive.in.com/news/anna-optimistic-but-lokayuktas-fail-in-states/149049-3.html

Anna Hazare and Jan Lokpal Bill may fail by Priyankan Goswami, Times of Assam, 9 April, 2011

http://www.timesofassam.com/headlines/anna-hazare-and-jan-lokpal-bill-may-fail

Why tar all politicians with the same brush? The Indian Express, 12 April, 2011,

http://www.indianexpress.com/news/why-tar-all-politicians-with-the-same-brush/774797/

The seeds of authoritarianism by Neera Chandhoke, The Indian Express, 12 April, 2011, http://www.indianexpress.com/news/the-seeds-of-authoritarianism/774794/

Rs 100, a sari, a bottle, The Indian Express, 12 April, 2011, http://www.indianexpress.com/news/rs-100-a-sari-a-bottle/774804/

Anna Hazare and India’s return to the 1970s by Siddharth Bhatia, Live Mint, 11 April, 2011, http://www.livemint.com/2011/04/11213538/Anna-Hazare-and-India8217s.html

The problem with the Jan Lokpal bill & Hunger Strikes

http://politicsmonitor.com/?p=340

Contrarian view on Jan Lokpal Bill: Conversation with Kartikeya Tanna

http://www.barandbench.com/brief/2/1395/contrarian-view-on-jan-lokpal-bill-conversation-with-kartikeya-tanna

The Making of Anna Hazare, http://kafila.org/2011/04/12/the-making-of-anna-hazare/

Civil Society - Effective but Limited and Contextual by Roshan Kishore, Pragoti, 8 April, 2011, http://pragoti.org/node/4354

The Anna Hazare Show by Manu Joseph,

http://openthemagazine.com/article/voices/the-anna-hazare-show

The Jagran At Jantar Mantar by Saba Naqvi, Outlook, 10 April, 2011, http://www.outlookindia.com/article.aspx?271279

Lokpal Bill: Aruna Roy for “broad, public consultation” by Vidya Subrahmaniam, The Hindu, 10 April, 2011, http://www.thehindu.com/news/national/article1683010.ece

Politics vs populism by Sanjaya Baru, The Business Standard, 11 April, 2011, http://www.business-standard.com/india/news/sanjaya-baru-politics-vs-populism/431690/

Politicians close ranks by JP Yadav, The Telegraph, 10 April, 2011, http://www.telegraphindia.com/1110410/jsp/nation/story_13834926.jsp

Civil society’s unreal politics, Live Mint, 10 April, 2011, http://www.livemint.com/2011/04/10210019/Civil-society8217s-unreal-p.html

No nepotism in Lokpal Bill panel: Hazare, IANS, 10 April, 2011, http://dailypioneer.com/330658/No-nepotism-in-Lokpal-Bill-panel-Hazare.html

Nepotism cry in Anna camp, The Telegraph, 10 April, 2011, http://www.telegraphindia.com/1110410/jsp/frontpage/story_13835024.jsp

Ramdev hijacks graft stage for politics, The Times of India, 9 April, 2011, http://timesofindia.indiatimes.com/india/Ramdev-hijacks-graft-stage-for-politics/articleshow/7922725.cms

Baba Ramdev backtracks, says no problem with Bhushans, The Indian Express, 10 April, 2011, http://www.indianexpress.com/news/baba-ramdev-backtracks-says-no-problem-with-bhushans/774274/

Despite Ramdev's objections, Hazare with us: Shanti Bhushan, The Indian Express, 10 April, 2011, http://www.indianexpress.com/news/despite-ramdevs-objections-hazare-with-us-shanti-bhushan/774252/

Jan Lokpal will be a ‘super' government, feels Congress by Aarti Dhar, The Hindu, 9 April, 2011, http://www.hindu.com/2011/04/09/stories/2011040966411800.htm

Jan Lokpal Bill undermines democracy: experts by Marya Shakil, IBN, 8 April, 2011, http://ibnlive.in.com/news/jan-lokpal-bill-undermines-democracy-experts/148609-3.html

Of the few, by the few by Pratap Bhanu Mehta, The Indian Express, 7 April, 2011, http://www.indianexpress.com/news/of-the-few-by-the-few/772773/0

Arrest-release boosts Akhil Gogoi’s movement by Syed Miraz Ahmed, The Assam Times, 11 April, 2011, http://www.assamtimes.org/hot-news/4920.html

Drafting of Lokpal Bill to be videographed: Anna Hazare, Yahoo.com, 10 April, 2011, http://in.news.yahoo.com/drafting-lokpal-bill-videographed-anna-hazare-20110410-044019-768.html

Lokpal bill in monsoon session, fast track courts for corruption cases, The Indian Express, 9 April, 2011, http://www.indianexpress.com/news/lokpal-bill-in-monsoon-session-fast-track-courts-for-corruption-cases/774003/

The fatal flaws in the government's Lokpal Bill by Iftikhar Gilani, Tehelka, 5 April, 2011, http://tehelka.com/story_main49.asp?filename=Ws050411ACTIVISM.asp

Lokpal vs Jan Lokpal: A study in contrast, India Today, 5 April, 2011, http://indiatoday.intoday.in/site/Story/134429/latest-headlines/lokpal-vs-jan-lokpal-a-study-in-contrast.html

Lokpal Bill: Government vs Anna Hazare, IBN, 6 April, 2011, http://ibnlive.in.com/news/lokpal-bill-government-vs-anna-hazare/148415-3.html

Sharad Pawar quits GoM on Lokpal bill, IBN, 6 April, 2011, http://ibnlive.in.com/news/sharad-pawar-quits-gom-on-corruption/148466-37-64.html

When Politicians Control Television What Happens To Journalism?

2011-04-08T22:31:00.006+05:30

In its 17^th media dialogue series, the Foundation for Media Professionals (www.fmp.org.in) along with Friedrich Ebert Stiftung (http://www.fes-india.org/) organized a panel discussion titled: When Politicians Control Television What Happens to Journalism? The discussion took place at India International Centre Auditorium on 8 April, 2011. In her introduction, Shalini Singh (senior assistant editor at The Times of India) mentioned that media is a serious business. She asked whether businessmen can run the media industry. Conflict of interest may arise when businessmen become politicians and run the media business. She announced that the Foundation for Media Professionals supports several provisions of the (Jan) Lokpal Bill.

The panel comprised of the following:

Vanita Kohli-Khandekar, author of 'The Indian Media Business,' and media columnist in the Business Standard

Kanwar Sandhu, Founder and Managing Editor, Day & Night News, Chandigarh (Sandhu was former editor, Hindustan Times, Chandigarh and former resident editor, Indian Express, Chandigarh edition).

Sanjay Salil, Founder and Managing Director, MediaGuru (this is an organization that has set up the following TV channels: Channel 7 (now IBN 7), Sakshi TV, Manorama TV, News 24 (of Congress MP Rajiv Shukla), Newslive (Assam's leading channel), among others.

Jay Panda, Member of Parliament, Biju Janta Dal from Kendrapara Parliament Constituency, Odisha.

Sashi Kumar, Chairman, Asian School of Journalism and former founder of Asianet

Teresa Rehman, senior journalist from North East India

Vivian Fernandes, Editor, Special Features, CNBC-TV18 moderated the discussion.

Vivian Fernandes explained the reason behind holding the panel discussion. He said that the Information and Broadcasting Ministry has licensed many channels. There are 122 functional channels out of which nearly 40 are owned by political leaders/ parties. Kairali TV is backed by the Communist Party of India (Marxist). Similarly, JaiHind TV is supported by the Congress party in Kerala. Fernandes asked whether one should be alarmed by the rising number of channels owned by politicians. Rupert Murdoch is known as a media mogul as he owns various news channels. Murdoch wanted Sky News network of Britain to go down a polemical 'Fox-style' route. The Reddy brothers have opened up a channel after a programme called Mining Republic was aired by CNN-IBN.

Sanjay Salil shared his experience of working with politicians in the media industry. He said that he has worked with top 5 politicians both inside and outside India. One set of politicians ask not to worry about the budget. In such cases, there is lack of transparency. Some politicians are however sensible in spending. Newslive and NE TV are run rationally. For some politicians who run the television channels, the motive is not only to influence but also to do business. However, their budget is 20-25 percent more compared to the rest. When operational cost gets higher, the checks and balances are introduced. TV stations cannot be owned by the journalists since the minimum threshold to enter has been raised to Rs. 100 crore. So, the real estate companies are entering into the media business. Salil informed that Asianet did not carry Manorama news. Manorama news has not paid any carriage fee till now. He reminded the audience about the Uma Khurana case, when the TV channel Live India did a sting operation without verifying. The channel was banned for a month and the reporter behind the sting was arrested and sent to Tihar jail. However, Live India is now a growing channel. He asked whom to blame for poor content—politicians or journalists. For 95 percent journalists, there is no external pressure. Only the 5 percent at the top face pressure. There is no need to blame politicians for everything. Journalists face pressure when they open the door to politicians. He informed that regional newspapers are owned by the politicians. Common man is wiser than what we think.

Teresa Rehman told that Newslive is a popular channel in the North East. Media coverage of the assembly polls in Assam is revolutionary. There are 4 news media channels in Assam. One may ask from where the money is coming from for running these channels. The question is who the real stakeholders are in these channels. There are 2 news channels which are owned by people based in Kolkata who run chit fund companies. There should be a level playing field. The North East is cruelly marginalized by the mainstream media. The quality of journalism in North East is poor. People do not necessarily like all the content shown on TV. There exists only 10 percent journalism and the rest is technical. Massive corruption in the media could be observed and editors indulge in unscrupulous activities. Privacy of the people is not cared while TV reporting takes place. It would be wrong to presume that rubbish is liked by the audience. Politicians are using the names of TV channels in their speeches. Low salaries are being offered in local channels in Assam. There is need for media ombudsman. She asked whether channels become fair and objective when politicians do not own them. Rehman shared her experience of reporting despite scarce resources because of her spirit and passion. Her voice has not been stifled in the North East, she claimed.

Sashi Kumar noted that Tamil Nadu is an extreme example of how media is politicized. News channels are owned by politicians. Jaya TV and Sun TV are arch rivals and they are deeply politicized. There are 3 channels which are owned by the Congress and one channel owned by the PMK. One cannot be sure that politically owned channels are worse than the neutral channels. A politically owned channel may be better than a surrogate or proxy channel. The Hindu NDTV channel is city based and lacks enough outreach. In the neighborhood state Kerala, political and commercial channels coexist. Andhra Pradesh is a good case of surrogate channels. It is the regional language channels and not the English language channels that are making profits. There are problems associated with distribution. Getting license is easier. If content is the King, then distribution is the God. DTH operation is a big scam. Cross media restrictions are strong in the US. Only a handful of people own the media worldwide. Political capitalism has emerged lately. Politicians are getting associated with media. Sarkozy influences the French media. Regulation does not mean censorship but to provide level playing field. There exists no free market competition among the media houses. Media is owned by the corporates. There are strong entry barriers artificially created by the Government. Average starting cost for a channel is Rs. 15-20 crore. Giving people what they want is not going to work for serious media. Earlier there was more demand for TV journalism courses. Now the trend has changed and there is demand for print journalism courses. News channels cannot insult the viewers. In India, the redressal mechanism is slow and weak. The audience cannot sue a channel. TV viewers are not considered as consumers. The credibility of some news channels cannot be improved. The dharma of journalism is not getting fulfilled. The problem is with unethical journalism. Journalists should insulate themselves from politicians. Journalists are engaging in extra-journalistic practices. Every journalist must follow his/ her own guideline. Many scams have surfaced because of independent news channels. Human frailty brings journalists close to politicians. TRP is not the last thing for advertisements to come. Young journalists have the potential to change the trend. Politicians cannot be stopped from owning TV channels. It is fait accompli. But safeguards can be strengthened. There is a decline of the role of editor. Today editor is the CEO who has to see the financial bottomline.

Kanwar Sandhu said that in the past, there were a lot of discussions on paid news and private treaties. But it has been a good idea to raise the issue of TV ownership. The way television channels are owned in India one may call it a complete blackout. In Punjab, there exist surrogate channels. Politicians in Punjab have learnt the art of not owning TV channels but know how to control them. IPTV is new. Tata Sky and Airtel have no bandwidth. Various DTH platforms are available but they are costly (cost 15-20 crore annually). The local channels are available at the mercy of the cable operators. There used to be 3 cable operators earlier but the number has reduced to only one. The cable operator called FastWay is owned by the Shiromani Akali Dal and the BJP and it has the monopoly on cable operation. The Cable Television Networks (Regulation) Act 1995 is faulty and there is no non-discriminatory clause in the Act. There should not be any entry barrier. There should be a level playing field. Cable will continue for another 7-8 years. Digitization is happening for cable too. Digitization is not the answer. Prasar Bharti needs to tie up with VSNL to float alternative cable platform. Cable Act (1995) needs to be amended. The scope of Monopolies and Restrictive Trade Practices Act, 1969 needs to be widened. There exists a stringent process when one applies for opening a news channel. In Punjab, channels can be viewed without uplinking or downlinking. Most of the state governments are unable to monitor content in the local channels. Sandhu agreed with Sanjay Salil that the content of Hindi news channels is poor. Cricket, crime and cinema are used to improve TRP rating of the channels. The rules of the game are not clear. He asked whether religious programmes can be telecasted in news channels. In Punjab, it is the politicians who control content in surrogate channels. Putting a channel on platform requires permission from politicians. Disturbing signals and muting channels are tactics used by the cable operators. There is no direct evidence that Government is controlling cable operation. When politicians own TV channels, good journalism goes for a toss, Sandhu added.

Jay Panda expressed his mixed feelings for politicians and media. He informed that he hailed from a business family running business for half a century. He agreed with Kanwar Sandhu that cable operators are holding the channel owners to ransom. He demanded that the sources of funding should be known by the public. Credibility comes when viewers know who is behind a channel. It is difficult to establish who owns channels. Viewers are not dumb. There is need for media watchdogs. Panda informed that there are 18 Oriya channels and they don’t face discrimination by the cable operators. Over the last few years, one saw surrogate channels cropping up and private treaties taking place. A good chunk of the investment in the television industry is coming from the real estate companies and people earning profit in the private colleges. There is a great amount of unaccounted money that is being invested in the TV industry. Legislation is required to bar a certain section in making investment in the TV industry. Financial transparency needs to be imposed. The Companies Act can be strengthened. Money entering the media industry must be accounted money. Hypocritical laws can be broken. The Cable Act is faulty. There is no must carry clause in it. DTH platform can ensure 15-20 percent market share for a news channel. DTH is growing faster than cable. Technological solution can reduce the gap in demand and supply in distribution. Non-serious players have dubious sources of funding and they are here to influence and not to do business. It is essential to crack down on black money. Marginal players do not have adequate revenue from advertisement and they have low TRP ratings. Loss-making marginal players are getting money from tax havens like Mauritius.

Vanita Kohli-Khandekar emphasized that it is not merely competition but non-serious competition which is the issue. Nineteen years back India had 1 news channel. Today India has got 122 news channels, according to the TAM Media Research. The regulator could not cope with the rising number of news channels. The Cable Act has become obsolete. Newspapers are owned by real estate companies. However, news has become factual and localized due to rising variety of channels. Out of the 122 news channels which are operating, only a few are earning profit. Of the five listed TV news companies, only Zee News and TV Today made post-tax profits in March 2010. In India media law is adhoc. There is problem of revenue flexibility. Operating cost has gone up. Revenue earned from advertisement has stagnated. Viewership has fallen despite the rise in number of news channels. Independent and autonomous regulator is needed. She asked for a body like Federal Communications Commission (FCC) in India. The stake of foreign direct investment (FDI) in the print media has been raised to 49 percent. The Doordarshan needs to be autonomous. There is no autonomous news broadcaster in India unlike the BBC in the UK. Media companies do not train their journalists and staff. The media industry has not yet professionalized itself. The TV viewers are more addicted to watching scandals. Journalism is interesting since it is not monotonous. .

Vipul Mudgal, who was in the audience, said that the cable operators are like mafia. Paranjoy Guha Thakurta informed that the Ministry of Information and Broadcasting is sitting on a report on media ownership, which has been prepared by the Administrative Staff College, Hyderabad. He asked how a system of rating better than TRP can be created and introduced.

Further readings:

India's broken news business by Vanita Kohli-Khandekar, The Business Standard, 25 March, 2011, http://www.businessstandard.com/india/news/vanita-kohli-khandekar-india%5Cs-broken-news-business/429694/

Uma Khurana files defamation case against Live India, Express India, 5 November, 2007, http://www.expressindia.com/latest-news/Uma-Khurana-files-defamation-case-against-Live-India/236284/

Need for a debate on cross-media ownership rules by PN Vasanti, Live Mint, 12 December, 2008, http://www.livemint.com/2008/12/12000051/Need-for-a-debate-on-crossmed.html

Gender discrimination prevails in Indian news media

2011-03-31T10:56:00.006+05:30

Is the news media gender insensitive? A new study confirms this. The report titled: Global Report on the Status of Women in the News Media, which got unveiled on 23 March, 2011 captures the extent of gender equity in the news media in 522 companies across 59 countries. The main objective behind the study is to enquire whether media companies are currently organized to promote gender equity within their organizational structures and allow space for women's voice. Nearly, 253 newspaper companies (48%), 123 television stations (24%) and 146 radio stations (28%) have been surveyed for this purpose. The seven regions from where 59 countries got covered under the survey are: Mideast and N Africa, Sub-Saharan Africa, Americas, Asia and Oceana, Eastern Europe, Nordic Europe and Western Europe.

The study which was commissioned to International Women’s Media Foundation (IWMF) finds that in most of the 59 countries, it is the men who occupy vast majority of the management jobs and news-gathering positions. Women comprise only 33 percent of the full-time journalism workforce in the 522 companies surveyed. By contrast, women (56.9%) are found to be more likely than men (43.1%) to hold part-time regular jobs, and both full- and part-time contract jobs, than men. However, men are more likely to do freelance jobs. The support for the study came from the Ford Foundation, Loreen Arbus Foundation, Carolan K. Stiles, UNESCO Communication Development Division, Communication and Information Center and McClatchy Company Foundation. The IWMF study provides information about recruitment, training, policies related to advancement, news assignments, and a range of other issues that affect gender status in news organizations.

The study, which took two years to complete and involved an extensive research team around the world that included 17 regional coordinators who hired and supervised 150 researchers in 59 nations provides complete picture to date of women’s status globally in news media ownership, publishing, governance, reporting, editing, photojournalism, broadcast production and other media jobs. News organizations surveyed in face-to-face interviews included newspaper, radio and television stations with both traditional and online delivery formats.

A 1995 study by Margaret Gallagher shows that Indian women comprised 12 percent of the media workforce. However, the current study by IWMF show that women’s representation has doubled to 25% of the workforce across the 17 companies (10 newspapers, 6 television stations, and 1 radio station) surveyed. Still, it is the men who dominate the media industry in the ratio 4:1. Women earn lesser salaries than men particularly in governance and in top and senior management positions. Women earn similar to men in middle management and in junior professional levels as well as in the technical professional level. Women earn more than men in sales, finance and administration department of news companies.

The Global Report on the Status of Women in the News Media finds that women occupy one-fifth (21%) of the positions in governance in India, which denotes roles on company board of directors. On the basis of interviews of company executives, it could be found that women’s place on governing boards is often determined by their membership in families owning the company, rather than their ability to secure these positions through advancement. Women hold 13.8 percent of positions at top management level in Indian news companies. Women hold 23.3 percent and 18.3 percent of positions in senior management and middle management, respectively. They hold 25.5 percent and 28.4 percent of positions at junior and senior professional levels, respectively. They occupy only 7% of the jobs in the technical production category, and even fewer at 4.7% of those in production and design. Sales, finance and administration sees women holding only 11.4% of the positions. Nearly 20.1%, 45.2%, 9.9%, 23.1% and 6.6% of jobs which are full-time regular, part-time regular, full-time regular, part-time regular and freelance, respectively, are held by women.

Only 29 percent of the news companies in India interviewed said women who take maternity leave are likely to get the same jobs back when they return to work. 41 percent of the news companies have corresponding policies allowing paternal leave, and 18 percent offer some form of child-care assistance. 88 percent Indian news companies have policies on educational training for women.

India has made strong strides in adopting gender policies in media companies in comparison to countries like China and Bangladesh. However, the IWMF study notes that sexual harassment of women in newsroom is well established across the world including India. A valid criticism against the report is that there is under-representation of Indian news organizations from various regional language backgrounds though they may be the ones earning more profits and capturing majority of the market as compared to the English news media.

The present study, which covers 1,70,000 persons in news media finds a higher representation of women in both governance and top management within both Eastern Europe (33% and 43%, respectively) and Nordic Europe (36% and 37%, respectively), compared to other regions. In the Asia and Oceana region, women hold 13% of those in senior management ranks.

The newly released report on the status of women in news media finds that 73 percent of the top management jobs globally are occupied by men as compared to 27 percent occupied by women. Almost two-thirds of the ranks of reporters are held by men as compared to 36 percent held by women. However, among senior professionals, women are nearing parity with 41 percent of the newsgathering, editing and writing jobs. Presently, women hold 26 percent of governing and 27 percent of top management jobs as compared to 12 percent of the top management positions being held by them way back in 1995 according to the Margaret Gallagher study.

Men hold nearly three-fourths (71.3%) of the positions in middle management of companies (that includes senior editors, chiefs of correspondents, design directors, and more senior personnel in finance) surveyed as compared to women (28.7%). There exists near-parity of men and women at the level of junior professional (that includes writer, producer, sub-editor, correspondent and production assistant) in Americas and Western Europe, as compared to other regions. In Asia and Oceana, the ratio of men to women at the junior professional level was found to be nearly 3:1. There exists a greater degree of gender balance at the senior professional level, with men slightly more than half (59.0%) and women nearing parity (41.0%). Senior professionals include senior writers, anchors and producers. Men hold three-fourths (73.2%) of the jobs in the technical professional level, with women just over a fourth (26.8%). This job category includes camera, sound and lighting personnel – jobs mainly associated with the production of broadcast news. Men fill about two-thirds (65.6%) of the production and design jobs, with women only a third (34.4%). This category includes graphics designers, photographers, illustrators, wardrobe designers and others in the creative roles of news production. In sales, finance and administration, men hold 64.4 percent position as compared to 35.5 percent by women. In Asia and Oceana, women hold one fourth of the positions in sales, finance and administration as compared to men.

Women’s under-representation was noticed in 26 of 59 i.e. 44% of the countries included in the study. Glass ceiling for women is observed in 20 of 59 nations (34%), and such invisible barriers exist in middle and senior management levels. The study finds that more than half of the companies surveyed have an established company-wide policy on gender equity. A relative parity between men and women in terms of occupational status was observed in 13 of 59 nations (22%).

Further Readings:

Global Report on the Status of Women in the News Media

http://iwmf.org/pdfs/IWMF-Global-Report.pdf

http://www.iwmf.org/pioneering-change/international-conference/press-release-032311.aspx

Women in news media in India are under-represented: Study, The Economic Times, 23 March, 2011, http://economictimes.indiatimes.com/news/news-by-industry/jobs/women-in-news-media-in-india-are-under-represented-study/articleshow/7770007.cms

Global Report on Status of Women in News Media Shows Men Hold Vast Majority of Management Jobs in Newsrooms Around the World, BizWireExpress, 23 March, 2011, http://www.bizwireexpress.com/showstory.php?storyid=122164

Social Audit on Tribal Issues held at Statue Circle, Jaipur

2011-03-27T20:39:00.004+05:30

Adivasi men and women from various blocks of Rajasthan expressed their dissent and voice at the Social Audit on Tribal Issues, which was organized by Rajasthan Adivasi Adhikar Manch (RAAM) at Statue Circle, Jaipur on 16 March, 2011. The panelist who listened patiently to the lived experiences and complaints of the adivasis included: BL Paliwal (ex-official at the Panchayati Raj department), Ramesh Nandwana (from Jal, Jungle, Jan and independent lawyer), KB Saxena (former chief secretary of Bihar), Kalicharan (Adivasi Adhikar Manch), Aruna Roy (MKSS), BD Sharma (Bharat Jan Andolan and former SC/ST Commissioner) and Nikhil Dey (MKSS).

RD Vyas informed that in Udaipur last year, a meeting of civil society organizations working among tribals was held. Major issues related to tribals were discussed like: NREGA, education, corruption, Forest rights etc. Most tribal areas in Rajasthan are backward and poor. Basic problems faced by the tribal population are: access to health care, livelihood security, Right to Land etc. which are yet to be solved. The Forest Rights Act could not be implemented effectively. Land acquisition by the government, the private sector and the land mafia is quite common. Majority of the tribal population is illiterate. The existing Panchayati Raj system is a failure in the tribal areas. The Panchayats (Extension to the Scheduled Areas) Act, 1996 could not be implemented properly. Information regarding land acquisition is not passed to the gram sabhas or villages, which violates the PESA Act.

Badki Bai from Jharol said that PESA, which is meant for the poor, is not working properly in her village. Punni Bai from Abu Road informed that tribal people do not have access to forest produce. Despite the PESA law, the gram sabha has got no control over local resources. Gram sabha’s voice is not heard by the administration. It is the corporate sector which enjoys full control of the local produce thus depriving the tribals.

On Forest Rights Act, Suresh ji from Bara district told that at his village the Van Adhikar Samity has got no proper information and training. Total number of plots distributed under the Forest Rights Act on application was quite low. Sawaramji from Abu Road said that a few plots got distributed on application. Size of the plots distributed was quite small as compared to the size of the land, which was originally cultivated. Forest department still continue to enjoy more power despite the Forest Rights Act. Ladu Ram from Udaipur informed that in Kotra plots have not been allocated despite demands. Size of the plots allocated is too small. Forest officials dare the gram sabhas and application forms for land are deliberately destroyed. Tribals face harassment from the Forest officials. Mangelal from Pratapgarh district informed that the forest department is not bothered by applications from the people. Patwaris seldom provide correct information. Applications for plots are rejected without any reason. Similar, complaints were made by Bapunath Bhai from Chittorgarh and Mohanlal Gadasia from Udaipur. Keshuji said that water is extracted for mining and industry due to which farmers are suffering in Udaipur. In Bara district, land is acquired from the Sahariya tribe by exploitation. Outsiders have started displacing the original inhabitants.

Chandan ji, an activist from RAAM, informed that the Rajasthan government has changed the definition of village under the Rajasthan Panchayati (Modification of Provisions in Their Application to the Scheduled Areas) Act, 1999. It is for the Governor to decide now what a village is. Gram sabhas are not consulted while land acquisition takes place. There is no control over minor forest produce. Tribals cannot go to sanctuaries for accessing minor forest produce. The police hold more power as compared to the gram sabha. Development related decisions undertaken by the gram sabha is not accepted. There exists ignorance / lack of awareness and knowledge about the provisions mentioned in the Central PESA Act in the Fifth Schedule area by people, organisations working with tribal’s in the Fifth Schedule areas and the state officials. The PESA law enacted by the Centre is not implemented in letter and spirit by the Rajasthan government.

BD Sharma told that the PESA Act was enacted way back in 1996 and still we’re discussing about its implementation even though 15 years have passed. Both the Central and the state governments have conspired against the PESA. The state governments often complain that the PESA law has been made by the Centre and not them. Even a Prime Minister like Rajiv Gandhi who stressed for Panchayati Raj system at the grassroots so as to ensure democracy failed to acknowledge the same system in Scheduled areas. The Panchayati Raj Constitutional (72nd Amendment) Act that came in 1992 did not include the tribal areas. That is why the PESA came into being in 1996. Most of the North eastern states under Sixth Schedule Areas (where autonomous councils exist) are not covered by PESA, as these states have their own Autonomous councils for its governance. The Autonomous councils are so powerful that even land cannot be acquired for implementing development related schemes. BD Sharma demanded for state government’s sensitivity to the traditional democratic rights and values of the tribal society, and thus to amend the existing state laws / provisions. He informed that Rajasthan has not transferred the power of ownership of Minor Forest Produce under the State PESA. The PESA law of Madhya Pradesh is so strong that the gram sabha can return a piece of land belonging to a tribal person/ family in case his land has been acquired by a non-tribal person. He said that Andhra Pradesh has a law (1 upon 70) under which tribal land cannot be bought by non-tribals. Moreover, non-tribals have to sell such land, which they have bought to only tribals. The Bhuria Committee that comprised of as many as 15 MPs recommended for communal ownership of land that falls under Scheduled areas. Its recommendation is yet to be implemented. The Prime Minister is talking about the PESA and not the Bhuria Committee. He also mentioned about the Tribal Sub-Plan. India took the decision that areas inhabited by tribal population be considered as Scheduled areas in 1975. Yet little could be done for the development of these areas and the STs.

KB Saxena said that making laws do not ensure the citizens to enjoy the rights. Almost 15 years have passed since the PESA has been enacted. Public accountability of elected representatives is essential. Land acquisition is rampant in areas inhabited by the tribal population. Rajasthan government has not confirmed in this year’s budget how the laws can be amended in accordance to the PESA law.

Ramesh Nandwana informed that the 5^th Schedule of the Constitution has provisions for tribal areas. PESA is intended to empower people. According to the law, tribal land cannot be bought by non-tribals. Still land is acquired for building factories, mining and constructing roads. Non-tribals are entering into tribal areas. More and more tribals are involved in distress migration for livelihood opportunities. It is difficult to approach the government for justice since the government too is involved in land acquisition.

BL Paliwal said that Rajasthan came up with Rajasthan Panchayati (Modification of Provisions in Their Application to the Scheduled Areas) Act in 1999. The process or product based system under PESA is not required. Like PESA, the Forest Rights Act needs to be implemented properly. Government of India has created rift among its own people by differentiating between the Marginalized Area Development Authority (MADA) and Tribal Area Development Authorities (TADA) areas.

The other points discussed during the Social Audit are as follows:

Teachers are not teaching but managing schools.

Quality of education imparted in tribal areas is too poor.

Kotra is lagging behind Udaipur in terms of educational infrastructure.

PESA can be implemented in Scheduled areas. However, in non-Scheduled areas, tribals are facing atrocities.

Through the displays, one came to know about the special schemes for STs in the Rajasthan Budget, which are as follows:

According to the Census 2001, the ST population in Rajasthan was 70.97 lakh, which was 12.56 percent of the entire population of the state.

As per the provisions, the budget should allocate 12.5 percent for ST areas.

As per provisions, out of 12.5% to be allocated for ST areas, 75 percent should be allocated for TADA areas and the rest 25 percent should be allocated for MADA areas, scattered population and Sahariya areas.

During the last few years, less allocation has been made on ST schemes.

From the table (given above), which was on display in the social audit, one may note that the share of expenditure on STs in the total expenditure of the government declined from 3.86 percent in 2007-08 to 2.92 percent in 2009-10. Thereafter, the share of expenditure on STs in the total expenditure jumped from 4.6 percent in 2010-11 to 7.61 percent in 2011-12.

Sahariya tribe blocks: Kishanganj, Shahbad

TADA area blocks: Abu Road, Kotra, Gogunda, Jhadol, Kherwara, Sarada, Salumbar, Dhanawad, Pratapgarh, Ghatol, Arnod, Garhi, Banswara, Kushalgarh, Bagidara, Simalwara, Dungarpur, Aspur, Sagwara etc.

MADA area blocks: Mavli, Bari Sadri, Begun, Chittaurgarh, Beejoliya, Mandalgarh, Rawatbhata, Jhalrapatan, Chhipabarod, Chhabra, Baran, Sangod, Digod, Antah, Pipaldah, Nainwa, Hindoli, Jahazpur, Sawai Madhopur, Khandar Sapotra, Karauli, Mandrail, Bonli, Nadoti, Amber, Bari, Baseri, Alwar etc.

Powers given to Gram Sabhas in tribal areas under PESA (1996)

Social provision: Gram sabhas can stop/ ban the sale of alcohol and drugs.

Protection of land: Gram sabhas can stop acquisition of private and public land done illegally.

Land Acquisition: Gram sabhas need to be consulted before public or private land is acquired in the panchayat.

Minor forest produce: Gram sabha is the owner of the minor forest produce.

Water resources: Gram sabha manage the minor water resources in the panchayats like: drains, ponds etc.

Mineral: Before mineral surveys are conducted, the permission of the gram sabhas needs to be sought.

Arrangement of the village market is the right of the gram sabha.

Gram sabha should control the credit flows in which STs are involved.

Development related schemes need the permission of the gram sabhas. Gram sabhas have a say and right to choose development related schemes.

Gram sabhas have control over the financial resources coming for local development.

Gram sabhas should certify expenses incurred in a village for development.

References:

Rajasthan Panchayati (Modification of Provisions in Their Application to the Scheduled Areas) Act, 1999, http://www.ielrc.org/content/e9610.pdf

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, http://www.pri.net.in/dm-documents/PESA/PESA%20Act%201996.pdf

Madhya Pradesh Panchayat Raj and Gram Swaraj (Amendment) Act, 2004, http://www.pri.net.in/dm-documents/PESA/Madhya%20Pradesh%20Panchayat%20Raj%20and%20Gram%20Swaraj%20%28Amendment%29%20Act,%202004.pdf

Report of the Committee formed by the Government of India, Ministry of Panchayat Raj, Raghav Chandra Report,

http://www.pri.net.in/dm-documents/PESA/PESA%20Raghav%20Chandra%20Comm.pdf

Report of the Sub Committee appointed by The Ministry of Panchayati Raj to draft Model Guide-Lines to vest Gram Sabhas with powers as envisaged in PESA, http://www.pri.net.in/dm-documents/PESA/BD%20Sharma%20Draft%20-%20Model%20Guidelines%20to%20vest%20Gram%20Sabha%20with%20powers%20as%20envisaged%20in%20PESA.pdf

Report of the Committee of Officers on Issues ralating to minor produce in PESA states, February2007,

http://www.pri.net.in/dm-documents/PESA/A%20K%20Sharma%20Report%20on%20Issues%20relating%20to%20MFP.pdf

Body formed to fight for tribal rights in state, The Times of India, 17 March, 2011, http://timesofindia.indiatimes.com/city/jaipur/Body-formed-to-fight-for-tribal-rights-in-state/articleshow/7723104.cms

Roadmap for the Panchayati Raj (2011-16): An All India Perspective, February, 2011, http://www.indiaenvironmentportal.org.in/files/panchayat%20Roadmap.pdf