20 Feb

Underage marriages in Assam – why the danda will not work

Posted by vramani in government, health & nutrition, human interest, public affairs, public policy. Tagged: , , .

Almost half a century separates 1976 and 2023, yet the French saying “The more things change, the more they stay the same” seems so relevant. The heyday of the Emergency saw the forced sterilisation programme that was one of the reasons for the ejection of the Congress from power in 1977. Recent events in Assam point to the continued use of coercion in family-related issues. Ostensibly concerned with high rates of underage marriages and its implications for maternal and child health, the Government of Assam has decided to arrest those who participate in the marriage of girls under 18, whether they be husbands, fathers or fathers-in-law. Unfortunately, the government has gone in for a remedy that is worse than the disease.

For the first 50 years after independence, India’s population policy suffered from a myopic fixation with directly controlling reproduction through sterilisation. It is only in recent years that realisation has dawned on our policy makers that human development is the best contraceptive. More specifically, it is now acknowledged that promoting womens’ agency and enabling them to control vital life decisions are the best methods to limit population growth while also bringing maternal and infant/child mortality rates in line with those in developed countries.

Assam has the highest maternal mortality rate in the country of 215 deaths per 1,00,000 live births, almost twice the Indian average.  While institutional deliveries have shown a rise from 71% to 84% between 2016 and 2019, only 51% of pregnant women availed of at least four antenatal care visits in 2019. Only 45.3% of currently married women in the 15-49 age group use any modern family planning method. Poverty and poor educational levels are clearly the driving factors behind early marriage of girls. 32% of women in Assam are married before reaching the age of 18, increasing the chances of infant mortality in children born to mothers in the teenage group as compared to children born to women in the 20-29 age group.  Five districts of western Assam are among the top seven districts registering underage female marriages of over 40% – Barpeta, Dhubri, Goalpara, Kokrajhar and Bongaigaon. These are also the areas where the government appears to have focused its crackdown on underage female marriages.

In a society which is still traditional and patriarchal in its attitude to women, lack of access to education and formal schooling for girls has serious implications for womens’ empowerment. Less than 30% of females in Assam have completed ten or more years of schooling. The 2011 Census shows female literacy rates for Dhubri and Barpeta districts in Western Assam at 50% and 56% respectively. The latest figures for 2023 show that total literacy percentages for many districts in Western Assam are still between 58% and 67%: obviously female literacy percentages are likely to be lower. The lack of womens’ education has serious consequences for the next generation. The NFHS5 Report for Assam bluntly states that children whose mothers have no schooling are twice as likely to die before their first birthday as compared to children whose mothers have completed ten or more years of schooling.

There is every likelihood that the resort to police action could have very adverse repercussions where women are concerned. The rise in institutional deliveries over the years has been heartening. Now, there is a distinct possibility that families will resort to home deliveries or resort to unregistered doctors/quacks to avoid state action, as evidenced by the recent report of a young woman in Bongaigaon district bleeding to death because of unskilled delivery at her home. Equally disturbing is the likelihood that teenage pregnancies will not be reported to the health authorities, denying these pregnant women access to professional antenatal care. Out of pocket expenses on deliveries would put an increasing burden on the straitened finances of poor families. Further strains on family finances would arise from the arrest of male family members, who are in most cases the sole breadwinners for the family. The result could well be increased mortality and morbidity in the mother-child dyad.

In fact, this knee-jerk reaction of the Assam government to the problem of teenage pregnancies could well have been avoided. Pregnancies in women under 20 years of age could hardly be the sole reason for the high maternal mortality rate in Assam. Other factors like poor nutrition and health care access (especially during pregnancy) on account of poverty, and lack of spacing between deliveries are also contributory factors. Social behaviours are slow to change in the absence of rising standards of living, better education and improvements in the socio-economic status of women.

The Assam government should take heart from the statistics in the latest NFHS5 survey, which show significant step up in institutional deliveries, substantial reductions in infant and child mortality and levels of child undernutrition that are comparable with those of more developed states. ASHAs and other frontline health and ICDS workers, as well as community workers, have gradually earned the confidence of local communities. Community education on the dangers of early marriage and pregnancy and promoting the use of effective family planning measures to delay pregnancies till the age of 21 and above are measures that need to be pursued patiently and systematically. The state government should encourage civil society activists and government workers to deal with communities while pursuing policy measures that emphasise girls’ education, state-sponsored nutrition for pregnant women and lactating mothers and employment creation.

This blog has been published in the Free Press Journal of 20 February 2023 (see here)

26 Dec

An Open Letter to the Chief Election Commissioner

Posted by vramani in elections, government, public affairs. Tagged: , , , , .

Dear Chief Election Commissioner,

Congratulations on the successful conduct of elections to the Himachal Pradesh and Gujarat Legislative Assemblies. You had expressed concern over the lacklustre turnout of voters in urban constituencies in these elections. As one who has, while in government, conducted and supervised elections, I feel the reasons for this lesser voter turnout in urban areas (which may also be the case in some rural areas) may lie in the process of voter enrolment as also in the inability of certain sections of voters to access the polling booths where they are required to cast their votes.

The eligible voter’s name may not figure in the electoral roll at all. The responsibility for the voter’s name being excluded from the electoral roll has to be laid squarely on the electoral registration machinery. Certain categories of society are highly prone to exclusion from electoral rolls. These include the urban homeless, sex workers, trans people, women (single, widowed, abandoned, divorced), highly stigmatised caste groups like manual scavengers, persons with mental illnesses, Adivasis, particularly vulnerable tribal groups, denotified tribes, differently abled persons, uncared-for elders and those from minority/disadvantaged communities. The electoral registration machinery has been found wanting in reaching out to these vulnerable groups. Excessive reliance on relatively junior staff for undertaking voter registration without adequate checks and balances, superficial verification of house addresses, arbitrary decision making and ingrained stereotyping of groups makes members of these groups susceptible to exclusion.

The absence of names from the electoral roll is often detected only when the person goes to the polling booth on the day of voting. Names of voters in the electoral rolls are not arranged according to house numbers, as required by the relevant Rules, which, apart from making the detection and deletion of ghost and duplicate names easy, would also enable the voter to easily locate her name in the electoral roll. Voters can check their names on the website of the state/UT by querying by electoral photo identity card (EPIC) number or by name on the National Voters’ Service Portal (NVSP). This approach is beset by a number of problems.

Since 2018, electoral rolls have been published as image PDF files with CAPTCHA protection. To look up her name in the electoral rolls, the voter should know her assembly constituency and part number, something she is often not aware of. The part number of voters can change with delimitation of constituencies, with consequent changes in the voter serial number as well. Names can also appear in parts other than where they should be, due to wrong addresses in the electoral rolls. Since the online electoral rolls are image documents, text can only be searched by scrolling the voter records one by one. I do not think such an exercise is feasible for the common citizen, with limited access to the internet, who may have neither the time nor the energy to go through what is a grueling exercise.

When citizens apply for inclusion, deletion or corrections to voter records, they generally receive no intimation of the status of their application. Names of lakhs of voters have been deleted in the past without intimating the concerned voters. Wrongly recorded addresses in the electoral rolls lead to deletion of names at the time of inspection by the block level officer (BLO) responsible for updating the rolls at the field level. Wrong updation of records can result in both deletion of names of valid voters and creation of duplicate entries of the same name. Removing names of dead people from electoral rolls also requires, apart from intimation by relatives of the deceased, use of digitised records of births and deaths by the electoral registration machinery. When people shift residence and register as voters afresh in their new locations, their names at the old addresses do not always get deleted.

Three areas need the urgent attention of the Election Commission of India (ECI) and the election machinery. First, revision and updation of electoral rolls needs far more attention from the electoral registration authorities. BLOs need to be trained more professionally. Assistance of local residents, including resident welfare associations and public-spirited citizens, needs to be enlisted proactively to identify and register/delete voter names, rather than relying only on local influential persons, who may have their own axes to grind.

Second, in this era of digitisation, software tools need to be employed more imaginatively to update electoral rolls. Searching by EPIC number on the NVSP is easy, but the software lacks the capability of searching by names, in the absence of a “fuzzy” search feature. Improved data entry software made available to the electoral registration machinery would enhance efficiency in detection of duplicate records. Above all, to ensure complete transparency in maintenance of electoral rolls and public verifiability of all decisions regarding enrolment, updates and deletions, the ECI should maintain two bulletin boards online for each assembly constituency — the first would be the official master electoral roll up to the time of the last update and the second would detail all transactions relating to voter records, these being accessible to and verifiable by members of the public.

Third, since the ECI is seriously considering allowing online voting for non-resident Indians, the same facility should be made available to resident Indians who have migrated to other areas of the country but whose names are still on the electoral rolls of the areas they have migrated from. The elderly and infirm may also need to be allowed to vote online.

Finally, a word of caution on the linking of Aadhaar numbers to voter IDs. The ECI will need to be extremely vigilant to ensure that the linking of Aadhaar numbers to voter IDs does not lead to large scale deletion of voters (as has happened in the past in Telangana) or to attempts by governments in power or political parties to target and manipulate voters on the lines of the Cambridge Analytica pattern.

Wishing you all success in the firm, impartial conduct of all future elections.

Sincerely yours.

(This blog was published in the Free Press Journal, 25 December 2022)

1 Nov

The Rumblings of Global Hunger

Posted by vramani in health & nutrition, political economy, public affairs. Tagged: , , , , , , , .

Every now and then, the release of a Global Index comparing countries in respect of some metric sets off a chain reaction in government circles in India, whether it be press freedom, the state of democracy or human rights. The latest controversy swirls around the release of the Global Hunger Index 2022 (GHI-22), which places India at the 107th position in a list of 121 countries for which data is available.

The GHI-22 score for each country is based on a weighted average of four standardised indicators. While one could always quibble about the excessive reliance on under-five child nutrition and mortality indicators and the sample sizes for estimating the prevalence of undernourishment in arriving at the GHI-22, there is no denying the fact that, in international comparisons, India still has way to go to reach the levels of even some of its South Asian neighbours. The NFHS-5 percentages for child stunting in Indian states like Bihar, Meghalaya and Uttar Pradesh are uncomfortably close to those in some African countries and higher than most of India’s immediate neighbours. Child wasting percentages in most Indian states are in excess of 15 percent, higher than those in most countries of the world.

Rather than spending time disputing statistics, governmental energies can be more usefully deployed in effectively tackling child undernutrition. Four areas suggest themselves for immediate attention. The first step has to be the use of real-time accurate data, based on anthropomorphic indicators of weight and length/height of every child in every anganwadi, to zero down on the specific locations where stunting and wasting are serious problems. The tablets provided to anganwadi workers under the Poshan Abhiyan campaign will serve their purpose only if online growth monitoring charts of each child, based on current height/weight/length measurements, are available to ICDS field staff (Anganwadi workers and their supervisors) to enable immediate corrective action in respect of children who are stunted and wasted and/or whose growth is faltering.

Secondly, the health and nutrition status of pregnant women and breastfeeding mothers must be given priority. Nearly 50 percent of pregnant women in most states are anemic; about 20 percent of women have subnormal body mass indices. The state must provide maternal nutrition and health support in areas with the highest incidence of child stunting/wasting and mortality — this will check the incidence of low birth weight and the onset of malnutrition at the stage of infancy. States like Andhra Pradesh, Telangana and Karnataka are providing pregnant women and breastfeeding mothers with a daily hot meal at the anganwadis. Apart from the nutrition aspect, this measure also enables attention to be given to micronutrient supplementation, nutrition education (especially breastfeeding advice) and peer support to women. Both the union government and the states need to provide budgetary support to this programme. The pernicious practice of contractor-driven supply of Take Home Rations to mothers and under-3 children should be discontinued forthwith, with womens’ self-help groups (SHGs), in association with anganwadis, being entrusted with the work of providing hot meals to mothers and children. Nutritional support, along with provision of creches for under-3 children, run by SHGs, would not only promote nutritional and cognitive development in these children, but would also enable their mothers to earn a livelihood to enhance family incomes.

The third policy focus should be on the care of the infant, especially in the first 28 days after birth. The SRS data of the Registrar General of India shows that 80 to 90 percent of under-5 child mortality occurs in the first year of birth. Equally dismaying is the statistic that, in nearly all Indian states, over 70 percent of infant deaths occur in the 28 day neonatal period, indicating that neonatal mortality accounts for over 60 percent of child mortality. The responsibility here falls largely on the Public Health department of states, since neonatal monitoring of the newborn is one of the weakest linkages in the nutrition-health chain in government. The NFHS5 data shows that nearly 80 percent of mothers and children received postnatal care from health personnel within two days of delivery. This contrasts sharply with the UNICEF 2021 State of the World’s Children Report which shows figures of 65 percent and 27 percent for maternal and child postnatal care, though this data may be a couple of years older. In any case, anganwadi workers and ASHAs need to regularly monitor the nutrition and health status of newborns in their first 28 days of life and refer all cases where the nutrition and health position of the child is severely compromised to the nearest medical centre.

Above all, governments need to prioritise maternal and child nutrition and health in a meaningful manner. My experience as Director General of the Rajmata Jijau Mother-Child Health and Nutrition Mission in Maharashtra showed that political and bureaucratic commitment from the very top is crucial in instilling a sense of accountability in implementing departments and in promoting inter-departmental coordination to tackle this issue which spans a number of government departments. Regular reviews at the levels of the Chief Minister, the Ministers for Health and Women & Child Development and the Chief Secretary lead to greater attention being given to solving problems at the district and sub-district levels — budgetary support for programmes in specific areas, resolving personnel issues and ironing out interdepartmental problems in implementation are some of the positives from such high-level interventions.

This is not to minimise the importance of macro interventions on the economic and social fronts. Empowerment of women, through access to higher education, skill development and income-earning opportunities and enhancing community awareness on good health and nutrition practices would impact the problem significantly. Strong economic growth, coupled with job opportunities, would increase family incomes and improve nutrition outcomes. But a determined government focus on the issues mentioned in the earlier paragraphs would lead to significant improvements in the situation in the short and medium term, even as the longer term measures take root in the country. As Nelson Mandela said “History will judge us by the difference we make in the everyday lives of children”.

(Published in the Free Press Journal (30 October 2022)

27 Oct

A Tale of Two Elections

Posted by vramani in political economy, public affairs. Tagged: , , .

India benefited in two ways from her association with Great Britain — the English language and a parliamentary system of government. But there is a third useful lesson India can learn from Britain: how to conduct the election of the leader of a political party. The process that has played out in the British Conservative Party after the resignation of Prime Minister Boris Johnson in July this year stands out in stark contrast to the confused muddle in conducting the election for the President of the Indian National Congress (INC).

The procedure for election of the leader of the Conservative Party, who would become the Prime Minister, involved a two-stage process. In the first stage, Conservative MPs voted for selecting the two candidates who would confront each other for the top job. This exercise narrowed the choice down to Liz Truss and Rishi Sunak, with the former emerging the winner in an election where over 80 percent of over 170,000 Conservative Party members exercised their franchise.

Contrast this with the process that has characterised the election of the President of the INC. With the anointed heir apparent to the throne playing the reluctant suitor, the election was fixed for 17th October, rather close to the crucial state assembly elections slated for December/January. Noises from various party functionaries and carefully planted media reports made it obvious that there ought to be a consensus candidate favourable to the party high command, without the need for an election. With Shashi Tharoor throwing his hat into the ring, the election process, however, had to be gone through.

In an age when electronic lists are the norm and the British Conservative Party can conduct online elections involving 170,000 plus members, the INC’s delay in releasing a list of under 10,000 PCC members bordered on the ludicrous. After much urging from some party members, the existing lists of these 9000 plus members were made available to the candidates standing for election. The campaign by the two candidates revealed clearly the culture that prevails in the party. In state after state, party functionaries preferred to go along with Mallikarjun Kharge, seen as the “high command” candidate, despite his contention that he has his independent position on various issues. The party old guard did not look too kindly on the younger interloper, and it is little wonder that the election was a one-sided affair reminiscent in style if not in degree of the INC President election of 2000, which brought Sonia Gandhi to the helm of affairs.

The high command structure in place in the INC since the time of Indira Gandhi has played havoc with the INC’s regional power bases, leading to election fiascos for the party in state after state, and at the national level. Maharashtra is a prime example: no INC CM after 1972 has spent a full five years in office. With dissidence against incumbent CMs having become the norm, it is little surprise that the INC has had 12 CMs in the 36 years it was in power in Maharashtra between 1972 and 2014. As in UP and Bihar, the INC is fast losing its relevance in Maharashtra, occupying fourth place (44 seats) in the number of MLAs in the assembly, a far cry from 1985, when it held 161 seats. The failure of the INC to establish its electoral dominance in national and most state elections since 2014 is, at one level, an outcome of the disgruntlement of state-level leaders — Punjab, Rajasthan and Madhya Pradesh have all witnessed revolts against the party leadership.

An ambitious politician finds her/his path to the top obstructed by the “old guard” and/or by a suspicious leadership. Ambition not being seen as a desirable quality, contenders for a more meaningful role in the party are compelled to switch to other political formations.

Coupled with ambition are the two vices of greed and fear. Politics offers easy pickings through patronage networks and the non-transparent nature of decision making in government departments. This tendency has been accentuated in recent years by the allure of inducements for switching sides immediately after elections or sometime between two general elections, the Tenth Schedule of the Constitution of India having repeatedly failed in checking defections midstream. The disease of treating ministerial posts as avenues for personal aggrandisement also renders most politicians vulnerable to investigations by law enforcement agencies, a tool which comes in handy for the party in power to arm-twist politicians into shifting their loyalties. A former Maharashtra Congress Minister has openly admitted that he breathes easy ever since he switched sides.

The drama that surrounded the INC presidential election is symptomatic of the disease that affects ALL political parties in India. Most parties in India are family-managed enterprises, where the hereditary right of succession seems to be a given, regardless of whether the successor displays any political ability. Even where there is no “dynasty culture”, the party morphs into an outfit run by one or more leaders, with a small coterie to advise them. Both at the state and national levels, the preference is to nominate persons for specific posts based on their loyalty to the party bigwigs or to ram through candidates for party and government leadership on the basis of the choice of the high command.

In such a scenario, loyalty and commitment to the party’s ideology (if it has one, in the first place) and to its success in elections are replaced by individual expediency. Almost overnight, politicians spout rhetoric that was anathema to them just a short while earlier and eulogise their new leaders whom they had no qualms about abusing and criticising while in the earlier party.

The noted author Ramachandra Guha had, fifteen years ago, characterised India as a 50-50 democracy. More recently, he downgraded this rating to 30-70. Given the absence of inner party democracy across the board in Indian politics, one wonders if India is nearer a 10-90 democracy.

16 Sep

The many nuances of ‘Ji Mantriji’

Posted by vramani in government, humour, public affairs. Tagged: , , .

India’s Minister for Road Transport & Highways Nitin Gadkari is a person I admire for his huge contributions to improving and augmenting road communications in Maharashtra and India. But his statement in Nagpur in August this year that bureaucrats must always say “Yes, Minister” to every order of the Minister made me do a double take. It revived memories of the BBC Yes Minister series, which I viewed four decades ago, shortly after joining the civil service. Doordarshan followed suit two decades later with the “Ji Mantriji” serial, adapted from the Yes Minister series. In these serials, the Minister is effectively house trained by the civil service.

Now, although I am a former member of the often criticised IAS, I hold no brief for the civil servant who obstructs sensible policy implementation mainly to preserve her/his turf. This has led to an unfortunate perception in the public mind that the civil service is lazy, conservative and opposed to reforms. At the same time, we would do well to keep in mind that Ministers often come to power without knowledge of the processes and procedures of administration. This is even more so in the last two decades: in the first half-century of political administration in independent India, a fairly large number of politicians, in both the centre and the states, had come up from the grassroots and had reasonably detailed understanding of how the government worked.

Ministerial desires fall in two categories. Category 1 cases are those where the Minister wishes to implement pre-poll promises made by her/his party to woo the electorate (Minister here can include the PM/CM and the Council of Ministers). The bureaucrat’s role here is to work out the nuts and bolts of the programme, point out the possible difficulties in implementation and, most crucially, assess the financial implications, given the competing budget priorities of different departments. The bureaucracy can offer its dissenting opinion on the proposed policy, but once this policy has been approved at the highest political level, it is her/his responsibility to give effect to the policy.

It is the Category 2 cases that can land a bureaucrat in the soup. These include allotment of land, award of contracts and providing jobs to those recommended by the Minister’s supporters. Such cases can be particularly dangerous when elections are around the corner, since favours have to be dispensed quickly to gain access to funds. Based on my thirty years as an insider in the system, I have worked out the possible stratagems for the bureaucrat to wriggle out of this ministerial chakravyuha:

  1. The K. Kamaraj/G.K. Moopanar approach: Kamaraj had this magic word ‘parkalam‘ in his repertoire. This Tamil word can be translated in English as ‘Let us see’. By the time I was old enough to follow politics, Kamaraj was a distant memory. However, I have heard Moopanar use the English equivalent on numerous occasions. In Maharashtra, we employed the Marathi equivalent ‘baghto‘. This is a time-honoured tactic to buy time and engage with the Minister in a battle of attrition.
  2. The “locating the file” excuse: The bureaucrat informs the Minister that the file is not immediately traceable but that all efforts are being made to unearth its whereabouts. Not too great an excuse, this can lead to a volley of abuses and a threat of transfer, these definitely preferable to a future suspension from service.
  3. Sending the file into orbit: This mechanism is specially recommended when there is a time-limit for decision making. It can be used to great profit on the last couple of days of the financial year or just before the Model Code of Conduct for elections kicks in. Select the most obstinate of your colleagues in other departments, justify why the file needs to be referred to their department and dispatch the missile (sorry, file) in that direction. Once April the first dawns or the election process starts, the beleaguered bureaucrat can heave a deep sigh of relief.
  4. Making the file and yourself scarce: Lock the file in a steel almirah in some corner of the office and ensure that you and your co-workers leave the office for the day. This trick works best near closing time and I can testify to its utility, particularly if you stay 30 kms. away and keep your mobile shut.

But whether the case falls in Category 1 or 2, the cautious civil servant is well advised to adopt certain precautions to stay out of Tihar or Arthur Road jails in her/his advanced years:

  1. Dodge discretionary cases: Even if the time-honoured practice in government is to go by past precedents, stay away from decisions that lack transparency and a rational basis. Job appointments and selection of institutions for government grants are best done through competitive examinations and laid-down guidelines respectively, where subsequent audits can show a clear pattern of decision-making free of fear or favour.
  2. Record on file and keep copies: If you don’t want some decision you signed off on 15 years earlier coming back to haunt you in your retirement years, ensure you put your views on file and keep copies of crucial pages (never rule out subsequent alterations or missing files).
  3. You are known by the company you keep/kept: Your political bosses in the departments you headed can determine your future unease. Bureaucrats have gone through the wringer even in Category 1 cases (think coal, spectrum, etc.), where they merely executed extant government policy. Totally unconscionable are those instances where the bureaucrat plays along with the decisions of her/his political boss or (what is worse) willingly participates in a division of the spoils, whether in terms of wealth or power. There are enough news headlines today pointing out the many consequences of such collusion.

In the ultimate analysis, a smart bureaucrat ought to combine the characteristics of an experienced sanitary inspector and an uncanny bomb expert to know which file/decision stinks and which is a ticking time bomb. Negotiating one’s way safely through these sewage traps and minefields will ensure a comfortable home and hearth in her/his later years.

This blog was published in the Free Press Journal on 12 September 2022 (here)

 

7 Sep

Let’s rescue politics from resorts

Posted by vramani in elections, government, human interest, political economy. Tagged: , , , .

Almost exactly twenty years after ‘resort’ politics was resorted to in Maharashtra to save the Congress coalition government of Vilasrao Deshmukh, history has repeated itself in the recent rebellion within the ranks of Shiv Sena legislators. While bundling away legislators in bulk to resorts to keep away prying suitors was a novelty in 2002, it is the norm in 2022. From Gujarat to Rajasthan, from Karnataka to Madhya Pradesh, the flock of disgruntled dissidents or loyalists (depending on which side of the table you are on) have been spirited away before crucial voting or before governments are toppled. There are, of course, states like Goa and Manipur where the resort to resorts is not even necessary: it is game, set and match even as the election process ends, with wholesale defections to the party which offers the best terms.

What boggles the mind is the scale of operations today. In my view, cricket’s Indian Premier League (IPL) has a hoary ancestor in the Indian Political League (IPoL): the latter commenced functioning around 1967, a good forty years before the IPL was born. Players in the IPoL are free to switch teams whenever auctions take place: these could be before elections or at more frequent intervals, depending on team managements. Auctions can adopt a carrot and/or stick approach: positive inducements, such as signature bonuses and subsequent access to ATM assignments, and/or negative pressures, using law enforcement agencies to uncover the murky pasts of politicos. Once safely home in her/his newly adopted political party, the freshly laundered politician has a new launching pad for her/his political future.

Where does this continuous cycle of saam-daam-dand-bheda leave the ordinary voter? Increasingly, her/his vote ceases to matter. No matter whom s/he elects to office, there is no guarantee that that person will remain loyal to the party and the ideology which may have influenced the voter in her/his favour. The anti-defection law has proved to be a non-starter. Developments in recent years from Arunachal Pradesh to Karnataka, Madhya Pradesh and Maharashtra have not dampened the enthusiasm of Aaya Rams – Gaya Rams to jump ship at the call of the Sirens. The Tenth Schedule of the Constitution of India seems to indicate clearly that two-thirds of the MLAs/MPs of a party have to switch allegiance to another party to retain their membership of the legislature (the Goa pattern) and not attract the anti-defection provisions. Although the Tenth Schedule vests all powers to decide on disqualification of members with the Speaker (or the Deputy Speaker, as the case may be) and bars the jurisdiction of courts, there has been judicial intervention in both Arunachal Pradesh and Maharashtra. With the impartiality of the Speaker/Deputy Speaker being questioned whenever disqualification proceedings are launched, the Tenth Schedule is fast becoming a dead letter. India has made rapid strides in recent years in “anti-defecation” measures: it is time now for “anti-defection” measures with more teeth.

What is, therefore, required is legislation that discourages modern day Aaya Rams and Gaya Rams from flitting from one party to another. For a start, a winning candidate set up by a political party must resign her/his seat if s/he decides to join another party. Similarly, independent winning candidates who declare their support to the government formed by a particular political party must resign their seats if they switch loyalties to any other party. Drawing on the recent happenings in Maharashtra, I would propose that even if more than two-thirds of the legislators of a party withdraw support to the party that put them up for election and opt to join another party, the opinion of the party functionary who issued Form A at the time of nominations for election should be the clinching factor; if this functionary does not ratify the withdrawal of support, the withdrawal of support should be deemed to be grounds adequate for disqualification. The decision for disqualification must be that of the Speaker of the House and, if there is no Speaker, that of the Deputy Speaker. Additionally, the disqualified member and her/his family members (covering at least the spouse and all sons/daughters) should be ineligible for standing for election for a period of six years from the date of disqualification, thus removing them from the election process for effectively the present and next term of the House. This will rule out those legislators who think they have the necessary financial and social clout to get reelected even if they have to resign from their seats. There should also be a mandatory assessment by the Income Tax department of the income and assets of the member and his/her family members to check the flow of illicit funds to their accounts in return for the switch in loyalty.

I know that I am asking for the moon in proposing measures that will rein in incentive/disincentive-induced defections. In the current political climate, these measures are unlikely to find any resonance with political parties. The opacity of the electoral bonds regime in place today and the multiple avenues for stashing away windfall gains in safe tax havens make it highly improbable that unscrupulous politicians will be deterred from looking for easy political capital. However, we have reached a stage today where the very sanctity of the electoral process is in jeopardy. If money and muscle power can dictate who comes to power, the voter will repose little faith in the electoral system, the surest recipe for a democracy to head on the path to disaster.

 

P.S.: A little bird just whispered in my ear that future legislators whose loyalty is sought to be bought are likely to ask for more exotic resorts to spend time in while the political drama plays out. Antigua, Bali and the Cayman Islands are doing the rounds as possible venues. To which I can only quote Cicero: O Tempora! O Mores!

 This blog was published in the Free Press Journal on 29 August 2022 (here)

27 Aug

Bilkis Bano case – the interface of law and ethics

Posted by vramani in government, human interest, political economy, public affairs, public policy. Tagged: , .

If 2012 saw the conscience of a nation shaken by the Nirbhaya rape incident, 2022 has witnessed an equal nightmare in the wholesale release of eleven men convicted of gangrape and mass murder in 2002 in Gujarat, that too on the very day that India was celebrating the 75th anniversary of its independence. The Government of Gujarat utilised its good fortune in being declared the “appropriate government” by the Supreme Court decision of May 2022 (which overrode Section 432(7) of the Code of Criminal Procedure (CrPC)) to arrive at the facile reasoning that the 1992 remission policy provided for remission of life sentence (even in cases involving rape and murder) after 14 years in prison. The subsequent tightened guidelines on remission by the Government of Gujarat (2014) are apparently not applicable since the 11 men were convicted in 2008, when the 1992 remission policy was in place.

The decision of the Government of Gujarat begs many answers. Let us accept the argument that, as per the 1992 remission guidelines, these 11 men were eligible for release from prison. Some other nagging questions of law still remain. The case was prosecuted by the Central Bureau of Investigation (CBI), an agency created under the Delhi Special Police Establishment Act, 1946. Section 435 of the CrPC makes it mandatory for the state government to consult the Union Government in cases prosecuted by the CBI (note well that consultation here means concurrence of the Union Government). If such permission was not taken, the remission of sentence is ab initio void in law. If concurrence was taken, the Union Government is a willing party to this decision. Since, as in many other decisions of the Government of India today, no clarification is provided on this issue, the public is left guessing. Even if concurrence of the Union Government under Section 435 of the CrPC was taken, there is still the matter of taking the opinion of the presiding Judge of the court which passed the original order of conviction, regarding grant of remission of sentence under Section 432(2) of the CrPC: this has been mandated by the Supreme Court as well. This process has definitely not been gone through in the appropriate special CBI court in Mumbai.

These are the legal issues on which no clear answers are forthcoming as of now. But even more troubling is the process of decision making at the level of the committee on remission headed by the District Magistrate, Godhra, and the Home Department, Government of Gujarat. Even granting that the 1992 remission guidelines allowed for remission of sentence to those convicted of murder and rape, there are still other considerations that have to be kept in mind when granting remission. The Supreme Court has, as far back as 2000, laid down guidelines for remission of sentence which include, inter alia, whether the crime affects society at large and whether recurrence of commission of crime is possible. In the Bilkis Bano case, there can be no doubt that the nature of the crimes committed — gangrape and mass murders — definitely affected society at large. On the issue of possible recurrence of criminal acts by the convicts subsequent to their release, newspaper reports indicate that witnesses were threatened when the convicts were released on parole during their incarceration. Whether these factors were taken into consideration while granting remission is a matter of speculation — there is no clarification from the state government.

However, as much as these legal issues, what ought to concern us all as citizens of a humane, compassionate society are the ethical dimensions of this entire episode. Photographs have been shown of the distribution of sweets to the released convicts; even more appalling are reports of the felicitation of the convicts by the Vishwa Hindu Parishad, this in a criminal case monitored by the Supreme Court and where verdicts of conviction were confirmed by the Bombay High Court. Common decency dictated that the release, even if in accordance with the procedure laid down by law, be kept low-key in deference to the sentiments of the survivors of the crimes. A member of the remission committee and a sitting ruling party legislator went so far as to suggest that the convicts were of high caste, had good upbringing and that charges were framed against them because of ill intentions of some persons. It was incumbent on the administration of the Government of Gujarat to take steps to prevent the organisation of such events and to discourage such statements which could cause unease in the minds of the victims and the minority community.

In fact, the Government of Gujarat should have taken the initiative to organise a reconciliation meeting between the victims and the perpetrators of crimes. The effort should have been to bring a sense of closure to the tragic incidents of 2002 and promote a spirit of harmony in the village where both sides would be residing henceforth. Nelson Mandela adopted this approach with his Truth and Reconciliation Commission, following the end of apartheid in South Africa, to build an atmosphere of trust and cooperation between the coloured and white communities. Our own Bapu, Mahatma Gandhi, spent the first Independence Day wiping the tears of the victims of communal fury in Bengal.

It is this spirit of fraternity (bandhutva) that is sorely lacking in the India of today. We can debate till eternity whether the 11 persons should have been released or should have continued in prison, depending on our ideological predilections. But unless those who committed these crimes are fully aware of the damage they have caused to the psyches of their victims and are truly remorseful for their past misdeeds, there can be no meeting of minds between the different communities. Immense damage is caused to the social fabric, when vested interests dabble in spreading hatred and misunderstanding among communities. Let us, in this 76th year of India’s independence, move from untruth to truth and from darkness to light: only then will we truly be free.

15 Aug

The Idea of India – at 75

Posted by vramani in political economy, public affairs, public policy. Tagged: , , , , .

As India celebrates the 75th anniversary of her existence as an independent nation, it is time to reflect on what ‘India’ truly represents. What has given this country the resilience to meet multiple challenges on the economic, political and social fronts over three-quarters of a century and retain her status as the largest democracy in the world (even if there is still a gap between the actual and the potential)?

India has been fortunate that eminent personalities oversaw the transition from imperial to democratic rule, developing a robust Constitution of India (‘the Constitution’) that has, in spite of many amendments, stood the test of time. At this juncture in our history, it would be appropriate to identify the core principles that have enabled India to chart her course of nationhood. The strength of India rests on three fundamental principles embedded in her Constitution: the primacy accorded to the individual, the emphasis on pluralism and the operation of the federal structure of the nation.

India has, over the ages, taken into her fold people from diverse races, cultures and religions. The country displays a heterogeneous collection of languages and traditions. Pluralism is not confined to religion: it is the trait which welcomes and embraces different ethnicities, linguistic groups and those from diverse cultural backgrounds. The Constitution’s greatest boon has been its focus on bringing together in one nation-state people who were earlier subjects of British India and nearly 600 princely states. It has located a number of pluralist measures in the Part on Fundamental Rights (‘Part III’). These include the freedom to profess, practice and propagate any religion as well as the protection of cultural and educational rights of minorities. Discrimination on grounds of religion, race, caste, sex or place of birth is specifically prohibited.

What is equally noteworthy is the primacy accorded to the individual in Part III. Article 14 guarantees equality before the law to all persons, irrespective of whether they are citizens or not. The subsequent Articles lay down clearly the rights of citizens — of life and liberty, freedom of speech and association, public employment, etc. This marks a sea change in a social milieu where the collective, in the shape of the family, clan or community, was, in centuries past, the arbiter of the rights and duties of the individual. The Constitution gives the individual a dignity of her own, not linked to any entity other than the nation of which she is a citizen.

It is significant that the very first Article of the Constitution defines India as a ‘Union of States’. The territories administered by the British and the princely states which signed the Instrument of Accession to the Indian Union were amalgamated into different states. Article 1 of the Constitution was a recognition of the reality that it was these states that constituted the nation.  There is a clear division of responsibilities between the Union and the States in the matter of governance. The Seventh Schedule delineates the subjects which are the exclusive domain respectively of the Union and of the States (as well as those where there is concurrent jurisdiction of both). The Constitution provides for a Finance Commission to propose, at regular intervals, the allocation of financial resources between the Union and the States; it also created All India Services that serve both the Union and the States. These provisions are intended to ensure a collaborative and synergistic relationship between the two, often governed by different political parties. Recognising that federalism has to strike roots below the state level, the Constitution (73rd and 74th) Amendments provided for substantive devolution of powers to rural and urban local bodies.

However, there are areas where closer attention from the Union and state governments, the judiciary and civil society is necessary if India is to serve as an example of a healthy democracy. Powers of arrest are still exercised by law enforcement agencies in a routine fashion and subordinate courts treat bail applications with a negative frame of mind, so much so that the Supreme Court was constrained to recently observe that India should not become a “police state”. Special acts have severely circumscribed the granting of bail in certain cases. These lead not only to the “process becoming the punishment” (as observed recently by the Chief Justice of India), but also to the burgeoning number of undertrials in jails in India. The 2006 directives of the Supreme Court to insulate the police forces from political pressures need to be implemented by all governments in letter and spirit if the sanctity of individual liberties is to be maintained.

The pluralist ethos has come under strain in recent years, through a combination of executive actions (and inaction) and the emergence of vigilante groups that seek to deliver ‘justice’ in a summary manner. Increasing intolerance for the views of others, especially with the explosive growth of electronic and social media, has contributed to the growing incidence of hate speech, which sows the seeds of bigotry and hatred in large segments of society. It is time governments impartially administer the laws which check such actions (and courts take a severe view of infractions of laws causing social unrest). The media and civil society also need to call out those elements that seek to sow dissensions among different sections of society.

There is an urgent need to tone down the adversarial relations between the Union and state governments. A spirit of mutual goodwill, respect and consensus between the Union and state governments, especially those governed by parties other than that governing the Union, is crucial in furthering the economic development of the country and improving the lot of the common citizen.

The promise in the Preamble of the Constitution to secure to all citizens of India justice, equality, liberty and fraternity will be realised in ample (if not full) measure when all the stakeholders in the country actively promote the values enshrined in the Constitution. Only then will India’s tryst with destiny truly be fulfilled.

This blog was published in the Free Press Journal (15 August 2022) (here)

1 Aug

Sisyphus and detachment

Posted by vramani in human interest.

The ongoing controversy over the visages of the Sarnath lions, which form the national emblem, brings to mind the emphasis laid by Gautama Buddha on the impermanence of life. What memories of this controversy will survive the ravages of time is a moot point. Many thinkers and poets over the past many centuries have lamented the ceaseless quest of the human for the material aspects of life — wealth, fame, power, glory, lineage, you name it. What unites these thinkers and writers is their recognition of the futility of human efforts directed wholly towards material ends and the need to develop a perspective that recognises the ephemeral character of all human achievements. I am not decrying the efforts of (wo)man as a sentient being trying to achieve self-actualisation through putting efforts into actions that create things: whether objects, ideas or empires. But, in the last analysis, every creation must be accompanied by the realisation that it is doomed to change and, ultimately, destruction.

Thus, Solon had the wisdom (and the courage) to counsel the Greek monarch Croesus about the shifting sands of fortune, which proved true when Croesus was taken prisoner by Cyrus, King of Persia. Ashtavakra, in imparting knowledge to King Janaka, focused on the necessity of detachment (‘vairagya’) in the individual, thus freeing him from bondage to earthly cares and concerns. Bhartrihari, in his Vairagya Shatakam, stresses the fears that accompany the accomplishments in life: enjoyment-disease, honour-humiliation, beauty-old age, body-death.

Shelley’s Ozymandias graphically highlights the futility of seeking permanence in human endeavour in the following words

“My name is Ozymandias, King of Kings;

Look on my works, ye Mighty, and despair!

Nothing beside remains.”

The ruins of so many capital cities over the ages are testimony to the vagaries of fortune. Delhi itself has gone through at least eight metamorphoses over two millennia. The modern equivalent is the destruction of business empires, exemplified by Joseph Schumpeter’s term “creative destruction “, referring to the destruction of existing economic structures and their replacement by new economic structures. Only five of the top 100 US companies of 1917 retain their position today; half of the top 100 US companies in 1970 have been replaced by newer companies today. This is not because of price competition, but reflects a revolutionary discontinuity following the introduction of new technology, new products and new forms of industrial organisation, much of which could not even have been envisaged decades earlier: we are only too aware of this in the age of the Internet and the ubiquitous all-in-one mini computing devices.

In the arena of twentieth century politics, we have the empty boast of a Thousand Year Reich in Germany which lasted barely twelve years, a mighty Soviet Union that crumbled almost overnight after a little over seventy years of existence and the endless parade of monarchs and dictators in countries around the globe. Pax Americana, which was taken as a given after the collapse of the Berlin Wall in 1989, is under serious threat today, as a multipolar world order seeks to rise to the surface. Scholars like Francis Fukuyama were sanguine about the rise of liberal democracies after the end of the Cold War; the first two decades of the twenty-first century see even long established democracies struggling to avoid being submerged in the tide of popular authoritarianism.

It is in the realm of the individual that the issue of impermanence assumes its most poignant shape. We are all witness to the movie superstar who fades into oblivion or the sportsperson racked by disease or facing impoverishment. Little wonder then that in the Mahabharata, Yudhishthira gave a reply to the Yaksha that “day after day, countless creatures are going to the abode of Yama, yet those that remain behind believe themselves to be immortal”. Adi Shankaracharya’s admonition to the person who takes pride in his/her youth, wealth and lineage is an apt reminder that all these accoutrements will fade away over time and will be of no avail once the mortal body is shed.

What then is the meaning of this grand opera that we call life? Are we to shun all material comforts and pleasures in the gloomy knowledge that all these will be left behind by us one day? Not really. What needs to be realised is the evanescence of all that we enjoy today and the stoic acceptance of the fact that much of it can be taken away from us even before we leave this earth. We need to adopt the philosophy of the King of Persia, highlighted by a not so well-known American editor, Theodore Tilton “EVEN THIS SHALL PASS AWAY”.

Perhaps the last thought on this subject in the present piece should rest with a person whom I consider one of the greatest writers of the twentieth century, Albert Camus. His Myth of Sisyphus illustrates the absurdity of human existence even as it stresses the nobility of apparently meaningless human endeavour. Sisyphus was condemned by the gods to “futile and hopeless labour”, involving pushing a rock to the top of a mountain from where it would roll down all the way to the plains below, necessitating a fresh effort from him to push it up to the top of the hill (in some ways, this reminds me of the Vikram and Vetal stories, where the king, Raja Vikramaditya, has to repeatedly bear the burden of a corpse and answer the questions of the spirit inhabiting the corpse , though the latter tale has a definite closure, unlike the former). Sisyphus is the ‘absurd hero’, going through a torment which will never end. And yet, his awareness of the torment and his scorn for the fate that has befallen him makes him a truly wise man “…who lives on what he has without speculating on what he has not…”. Only when we reach awareness of our human condition can we say “…I am the master of my fate, I am the captain of my soul”.

 

 

15 Dec

The loaves and fishes of office

Posted by vramani in government, human interest, irony, political economy, public affairs, public policy. Tagged: , , .

The recent brouhaha over the extension of tenures for specific officers of the Government of India even when they are well past the normal age of retirement has brought into focus again the issues of the sanctity of the retirement age and the possible interference by government in the independent functioning of officers handling crucial organisations, especially those endowed with enormous powers to investigate offences, both economic and otherwise. However, this is no recent development: fixed tenures for the Cabinet Secretary, Home, Foreign and Defence Secretaries, and Directors of the Intelligence Bureau and Research & Analysis Wing, extending beyond the normal age of superannuation, have been in vogue for a number of years now.

What has occasioned concern in recent days has been the Government of India’s decision to give five-year tenures to the heads of two Central Government investigative agencies that have often been caught in the crosshairs of political wars. The Central Bureau of Investigation (CBI) is no stranger to controversy: no less a body than the Supreme Court termed it a “caged parrot”. To the CBI has been added the Enforcement Directorate (ED) which has come into the public eye only in recent years. These two agencies, along with their country cousins, the Income Tax department, the National Investigation Agency and the Narcotics Control Bureau, have developed into falcons from parrots, with their deployment by the Central Government in a wide range of cases, amidst concerns as to whether these serve merely political ends or the ends of justice (the Sushant Singh Rajput and Aryan Khan cases serve as examples). Of even greater concern are the cases of raids, and selective disclosures, that surface whenever election time surfaces. Karnataka in 2018, West Bengal and Tamil Nadu in 2021 are states where politicians of parties opposed to the BJP received special attention from central investigative agencies.

It is significant (and glaringly obvious) that officers were being given tenure posts or extensions in service just days before their date of superannuation (as witnessed in the appointment of the Police Commissioner of Delhi and the last-minute extension of tenure of the Director, ED). The recent amendments in Fundamental Rules and the changes in the Acts governing the CBI and ED aim to legalise extensions and attempt to put them beyond the pale of judicial challenge.

What is equally notable is the plethora of appointments to post-retirement posts, from the ranks of both the higher judiciary and the top echelons of the civil services. That this practice has the sanction of precedent is no cause for comfort. There have been far too many cases in the past three decades where the appointments to crucial posts of retired judges and bureaucrats have raised uncomfortable questions about possible quid pro quos for decisions favourable to the government of the day taken by the beneficiaries while in positions of power. While some of the pre- and post-retirement appointments go through a committee which has, apart from the Prime Minister, the Leader of the Opposition and the Chief Justice of the Supreme Court as its members, other crucial appointments, as for example, the Election Commissioners, are made purely at the discretion of the executive.

At a juncture in our democratic existence when many executive decisions are viewed with some measure of suspicion, there is need to evolve norms for appointments to the highest positions in the civil services that ease such suspicions as also mitigate the rising apprehension that serving civil servants are being induced through the carrot of continued service to shed their independence and impartiality in decision making. I venture to make some suggestions below to address this vexing issue.

Superannuation from public service should be mandatory on attaining the age of 60 for all members of the civil services. On attaining the specified age, civil servants should follow the shining example of RCVP Noronha, former Chief Secretary of Madhya Pradesh, who refused any extension and rode away happily from the Secretariat on his Luna moped on the day he superannuated.

For all senior positions in constitutional/statutory bodies, like Members/Chairpersons of Commissions and Tribunals, where judicial/administrative experience is required, selection should be through a process of application. This should also apply to the heads of major investigation agencies, which enjoy powers of. search, seizure and confiscation. The final selection should be done by a Committee which comprises representatives of the concerned government, the judiciary or the Union Public Service Commission and representatives of opposition parties (for specific constitutional/executive posts, as is the case at present).

Most importantly, the selection of civil servants for all higher posts (administrative and quasi-judicial) should be structured such that the person superannuates from the post at the age of 60 years. This would imply that a person would be selected for such a post around the age of 55 years (for those in government), so that (s)he would cease to hold office, after a tenure of five years, at or just before her/his normal superannuation date. This has certain implications, both for these functionaries and for those in the organisations they have left in order to hold these select posts. For one, those who move to posts outside the government structure will create openings for their juniors to move into senior positions in their departments/organisations. There may also be cases where, in full knowledge of the fact that (s)he is not likely to be in the running for the top job in the executive, a person may choose to move laterally to these posts. It would certainly enable governments, both at the centre and in the states, to dispense with many posts at apex levels, which (especially in state governments) seem to be virtually dished out with the rations.

As for the contention that officers’ talents will not be used beyond their age of superannuation, these talents and competencies can well be displayed in a variety of other fields — media, business, academics, social service and politics being obvious avenues. Rephrasing the recent utterance of a noted senior advocate, “the heavens will not fall if a worthy replacement takes on the responsibility of the retiring incumbent.” Nor does it preclude the truly ambitious from aspiring to governorships/ambassadorships/Rajya Sabha memberships, depending on their equations with the central government of the day.

In the final analysis, such a change would spare us the unseemly spectacle of persons jockeying in their final days of service with the powers that be to ensure their continued access to naukar-chakar-bangla-gaadi, apart from the heady access to power and prestige that continued occupation of prestigious posts brings. Civil servants, indeed all humans, would do well to heed the words of Adi Sankaracharya in the Bhaja Govindam:

दिनयामिन्यौ सायं प्रातः, शिशिरवसन्तौ पुनरायातः।

कालः क्रीडति गच्छत्यायुस्तदपि न मुन्च्त्याशावायुः ॥१२॥

Day and night, dusk and dawn, winter and spring come and go again.

Time sports and life ebbs away, and yet the gust of desire never leaves us.

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