Archive for the ‘government’ Category

Boys will be boys

Girish Karnad essayed the role of a young, idealistic dairy technologist in Manthan, an inspiring movie on the politics of starting a dairy cooperative in Gujarat. The local overlord, played by Amrish Puri, attempts to win over Karnad by offering him choice liquor, which our young man firmly refuses. Puri then, with a sarcastic laugh, states that he is very fond of idealists, since they are bound to lose their idealism one day. I don’t know how many of the actors on the prosecution side of la affaire JNU, our recent box office hit on television, have seen this movie. Even if they haven’t, they would probably have done well to have taken a leaf from Puri’s book and treat the entire JNU episode as another case of boyish spirits which merited at most a mild rap on the knuckles and a word of reproof, with a knowing nod of the head, that “boys will be boys”. By throwing one of the more draconian sections of the Indian Penal Code at the students of the University, the government of the day unwittingly conferred a distinction on these students and willy nilly dragged itself into a controversy that led to international condemnation as well as a suspicion in the public mind that there was a political agenda behind the entire imbroglio.

My generation passed through the portals of higher education during the days of the Emergency of 1975-77. Even prior to that, there was considerable ferment in idealistic sections of the student population. The exploits of Che Guevara in Latin America, the civil rights movement and the anti-Vietnam war protests in the USA and the distant rumbling of the Naxalite uprising in Bengal were all beacons of hope for sections of youth that had come face to face with the unravelling of the post-independence Nehruvian consensus. Scores of students from the neoliberal environment of Delhi University left their studies to pursue their dreams of a classless society. Severe state repression and the vortex of violence the movement spawned led to a fairly early disillusionment with the Naxalite movement and the homecoming of the chastened prodigals. Their future careers in academia or the civil services (almost the only two job openings at that time) would have been severely jeopardised had the then Government of India not had the sagacity to overlook their youthful enthusiasm and withdraw possible prosecutions against them. Many of these potential “revolutionaries” went on to outstanding tenures in the civil services and the academic world, especially as teachers in the university that is at the centre of the present controversy (some have moved from Trotsky to the Temple, but that is another story). There was (and is) a deep humanism and liberalism informing the approach of many of them to social, political and economic issues. The Emergency represented the darkest phase of Indian democracy, but it also had one redeeming feature: it sensitised the youth of my generation to democratic values of freedom and human dignity and developed in many of us distaste for authoritarianism of all hues. Freedom to us meant freedom of thought, speech, association, profession of any religion (or no religion) and culinary choice, to name the prominent ones. Colleagues of mine in the Indian Administrative and Police Services stood up to excesses of different political formations when they attempted to trample on the constitutional rights of ordinary citizens in the name of religion, caste, ideology, ethnicity or region.

I stress this cherishing of fundamental human values, because I am aware of the educative role of the university in developing the thinking individual in each of us. It is made all the more poignant in view of the recent calls by many highly qualified persons to students to concentrate on their studies and not on politics during their stay in the university. Proponents of this school of thought seem to view the role of institutions of higher learning as producing technology zombies of the sort popularised in the Dilbert comic strip, rather than alert, aware citizens who will participate actively in the ongoing process of social transformation. Unfortunately, this betrays a highly technological view of the roles of discussion and dissent in public discourse. Any discussion on issues relating to the human condition and efforts to better it are inevitably political in nature. It would appear that significant sections of the intelligentsia still view the development of the critical faculty in individuals from an authoritarian perspective. Probably, this has its roots in the parental and social (including educational) environments which stress conformity rather than curiosity. From personal experience, I can certainly aver that independent modes of thinking and functioning evolved only when I entered college. Nor can I claim that my true education came from the classroom: rather, it was the product of hours of discussion after class on diverse issues ranging from politics to social issues and values.

V.S. Naipaul characterized India as a land of a million mutinies over forty years ago, easing somewhat the resentment of Indians over his earlier reference to the country as an area of darkness. If Naipaul was right then, we would have to term this as the land of a billion mutinies now. Assertions of identities by disadvantaged castes and communities, not to mention the struggles of the female half for their rightful place in the Indian sun and the refusal to be denied their economic opportunities, have led large sections of the population to question the traditional, patriarchal social structures. The university has served as an avenue for upward mobility and for questioning the existing power structure. Any political party which seeks to assert the monopoly of its ideology and restricted worldview over institutions of higher learning, through manipulation of teaching processes and educational curricula, is pursuing a chimera. As Reserve Bank of India Governor Raghuram Rajan affirmed in a recent speech at the Indian Institute of Technology, Mumbai “The first essential is to foster competition in the marketplace for ideas…This then leads to a second essential: Protection, not of specific ideas and traditions, but the right to question and challenge…it is by encouraging the challenge of innovative rebels that society develops.” Governments learn this lesson far too late – the Congress government in 1977 reaped the consequences of the denial of free expression to the student population in higher education institutions for twenty months.

Ultimately, the Argumentative Indian will have his say. Having had his say, he will then move on to the basic business of earning his livelihood. Governments in a democracy need to provide a pressure valve to a population, many of whose members still suffer from myriad economic and social deficiencies. Ignoring this reality can prove fatal for a government when it next goes to the hustings. The first requirement for a successful, popular politician is a keen sense of irony laced with good-humoured forbearance, a quality sadly lacking in most of the political class in India today. The first generation of Indian political leaders was jailed by the British; the second generation of political leaders was jailed by the Congress. It would be truly ironic if the third generation of leaders of independent India were to emerge from those currently being jailed by the present government. Who can tell, every cloud may have a silver lining!

 

The perks…and quirks…of public office

I do not offhand remember the name of the 1960s Hindi movie starring two great actors, Padmini and Pran, which I saw on Doordarshan in my student days. The girl, Padmini, is obviously not overjoyed at the prospect of being married to the villain rather than to her hero. Pran attempts to convince her by pointing out to her that her hero has no wealth while he (Pran) can provide her with “नौकर, चाकर, बंगला और गाड़ी” (servants, a palatial house and vehicles). Padmini may not have been convinced, but this argument holds a strong appeal for many who aspire to public office, whether in the political or administrative spheres. I am not for a moment suggesting that the perks of office are the sole, or even major, reason for aspiring to public office. But they are a definite added attraction, apart from the aspect of job security (not guaranteed, of course, for politicians) and the social prestige that comes attached, though often with a tinge of neighbours’ envy (sometimes masquerading as self-righteous attempts to knock these worthies off their high pedestals).

Let me (from my lengthy association with the bureaucracy) take the quintessential budding Indian Administrative Service (IAS) officer and his entry into the hallowed portals of the civil service. I deliberately use the gender-incorrect “his”, since the male of the species exhibits, in my opinion, many more quirks; also, there is a far greater sample size to draw on for examples. It begins with his rapid elevation in the marriage market sweepstakes. Even apart from the sordid issue of dowry payment levels, there is a lengthy line of parents of marriageable daughters for tying up alliances with the eligible bachelor. Feted in his social circles at home, the young man proceeds to the district for his initial training and subsequent posting. The perks start here, with a comfortable house (generally far from the madding crowd), domestic help at the residence, a Group D employee (literally preceding the young officer on his travels) and a jeep with a driver. The perks multiply very soon with his elevation to the district officer level, as the officer graduates to a much larger bungalow, a chauffeur-driven car and a whole retinue of domestic staff at his beck and call. While the perks are alluring, it is the quirks that command one’s attention more as an interesting object of socio-economic analysis: let us turn to them.

Among the visible prestige symbols that are the accoutrements of office, the flashing beacon on the vehicle (jeep or car) is one that catches the public’s attention. Though popularly known as the “लाल बत्ती” (red light), the district/sub-district officer’s vehicle actually sports an orange beacon. Acquisition of this symbol gains one access to areas not easily accessible to the public, a wave-through without payment at toll booths and an occasional salute from the roadside policeman. In more recent years, there is also the armed security person in the front seat of the car and the pennant fluttering on the car bonnet to testify to the status of the occupant. Equally fascinating to observe is the seating plan in the vehicle. When the officer has just a jeep, he occupies the left side front seat, next to the driver. The problem of two officers of equal rank travelling by the same vehicle is resolved by one of them taking the steering wheel. In the case of a car, the senior officer must occupy the rear left hand seat, so that his door opens directly in front of the porch of his office, residence or the guest house. After observing these phenomena, I have termed them “jeepocracy” and “carocracy”, signifying bureaucratic vehicular hierarchy in a people’s democracy. The hierarchy extends to the arrival and departure of vehicles at offices, guest houses and public functions; the last in (who is the top honcho in the hierarchy) is the first out (LIFO), quite unlike the normal (FIFO) inventory procedure.

Once in office, the impressive chair behind the large table testifies to the importance of its occupier. The first law of babudom states: the size of the table is directly proportional to the position of the officer in the bureaucratic hierarchy. There was great discomfort among the Petroleum Ministry babus when I opted for a table measuring three feet by two feet, discarded from the Secretary’s office after the transfer of the previous incumbent. I would not even have ruled out my subordinates feeling that their boss had reduced their standing in the eyes of their subordinates. The second law of babudom is: the occupier of the chair shall surrender it to his superior in the bureaucratic hierarchy, when the latter visits his office. This can have unpredictable fallouts, like the time we in the General Administration Department were called upon to adjudicate in a dispute between the District Collector and a Divisional Forest Officer. Matters had come to a head when the Forest Officer refused to vacate his chair when the Collector (who considered himself primus inter pares) came visiting his office. The contrast was provided by one of my bosses who, when visiting my office, would take a chair on the side of the desk, refusing the proffered (and preferred) chair with the remark “That chair is yours; I have not been appointed to your post.” The conflict can arise even when two district officers occupy rooms in the guest house — matters can be precipitated especially when they are from the IAS and the Indian Police Service (IPS), two services that share a strange love-hate relationship.

Official residential accommodation is another undisputed perk of a public job, especially in the higher echelons of the political and administrative hierarchy and top-level district officers. The old British habit of isolating the rulers from the natives is alive and kicking seven decades after independence. Allied with the provision of official vehicles, this effectively insulates the public official from his ostensible masters, the aam aurat/aadmi. Not surprisingly, two of independent India’s biggest problems — public housing and public transport — remain unresolved, since those entrusted with the task of solving them do not themselves use or need them. The realisation probably dawns on the politician/bureaucrat only when they are out of office, at which time their successors in office have no time or sympathy to listen to their problems.

Little wonder then that politicians and bureaucrats stick to public posts like limpets, well past their “sell by” dates. India’s gargantuan public sector and plethora of public institutions enable the accommodation of defeated (and unelectable) politicians, keeping intraparty dissent muted and enabling the politician in power to get on with her job. The bureaucrat relies on a whole host of post-retirement sinecures, ranging from administrative tribunals to governorships of states and diplomatic postings; the really enterprising few become politicians themselves, extending their perks well into the sunset years.

But the day of reckoning must come sooner or later. That day will dawn for the majority of politicians/bureaucrats when the trappings of office recede and they must rub shoulders with the common man. I still remember my office boy recounting how the Chairman of a large public sector company was a few places ahead of him in the morning queue at the milk booth, days after his retirement. Without being cynical, their position reminds me of Timon of Athens (refer to one William Shakespeare for more information on this Grecian tragic hero). It is probably appropriate to conclude with a stanza from the Bhaja Govindam, attributed to a disciple of Adi Sankaracharya:

अंगं गलितं पलितं मुण्डं दशनविहीनं जातं तुण्डम्

वृद्धो याति गृहीत्वा दण्डं तदपि न मुंच्यत्याशापिण्डम्

(Strength has left the old man’s body, his head has become bald, his gums toothless and he is leaning on crutches. Even then the attachment is strong and he clings firmly to fruitless desires)

 

 

 

 

 

JAM for the Indian

The rule is, jam tomorrow and jam yesterday – but never jam today

(Lewis Carroll: Through the Looking Glass and What Alice Found There)

 

Alice was faced with a peculiar dilemma when offered jam by the White Queen; she could never have it today, but only tomorrow or yesterday. You guessed her problem: when tomorrow came, it would be today, so, as per the White Queen’s edict, she could never have her jam “today” or any other day, for that matter. The aam aurat/aadmi in India are in danger of being caught in a similar trap involving JAM, unless a lot of thought is given to how to operationalise JAM, popularise it, enable it to gain wide acceptance and surmount the innumerable obstacles posed by those who are better off (and don’t need JAM) but nevertheless are haunted by imaginary fears. I refer, of course, to the path breaking initiative of the Government of India to marry technology and finance to improve the living standards of millions of Indians. JAM has three components — the Jan Dhan Yojana (J), aimed at financial inclusion for the population as a whole, Aadhar (A), the issue of biometric identification cards to all Indians and the Mobile (M), the instrument that can be found in the hands of about 700 million Indians today. J, the first corner of this trinity, will reach banking and other financial services to millions who are currently unserved or underserved by existing banking systems. This will obviate the need for often understaffed/unstaffed “brick and mortar” bank branches. The recently licensed payment banks, with their focus on technology, are better placed to service remote populations with the skilful use of mobile technology, M, the second part of the trinity. The triangle is completed by Aadhar, A, the individual unique identification number that ensures that financial services and benefits flow to the person for whom they are earmarked.

The three essential conditions to be fulfilled if JAM is to operate smoothly are: (a) access of every Indian to banking channels where her money can be parked; (b) ease and efficiency of transactions; and (c) secure, accurate identification of the account holder to check diversion of benefits. An inadequate understanding of these requirements in transferring government benefits to intended beneficiaries has bedeviled implementation of schemes involving newly created bank accounts and has provided fodder to those Luddites who see red at the very mention of the word “cash transfers”. For example, the Government of Puducherry rushed through a scheme to overcome supply side constraints in the form of a dysfunctional public distribution system by transferring money directly to individual bank accounts. This ill-conceived measure ran into three issues which hastened its early demise: (a) inconvenient access to banks meant that people had to incur the double cost of visiting banks to draw cash and then going to the ration shop to purchase rice; (b) arbitrary deductions by the bank of apparently outstanding dues denied the beneficiaries access to the full amount of the cash transfer; (c) the money could be used to purchase anything, which meant women, children and the old might not get rice were the amount to be spent by the men of the family on items like alcohol. Hasty moves to pay MNREGA wages through existing inefficient banking channels have also come a cropper.

“Cash transfers” is a term that has been widely misunderstood and, I suspect, often deliberately misinterpreted to serve partisan ideological ends. For a start, we need to be clear about unconditional versus conditional cash transfers. In the former, no specific behaviour is sought from the recipient in exchange for availing of the cash transfer benefit, such as, for example, availing of the services of a public health facility or educational institution or fulfilling specific conditions like registering for antenatal care. This is in contrast to conditional cash transfers where availing of a specific, generally public, service provision entitles the beneficiary to the cash transfer. One problem with conditional cash transfers is the failure to provide satisfactory public services: for instance, if there is no doctor or nurse at a primary health facility, the failure to register for antenatal care would deprive the beneficiary of the cash transfer conditional on antenatal care registration. Going in blindly for unconditional cash transfers in such cases is fraught with its own dangers, like the apprehension in Puducherry that the male household head would spend the cash on liquor, thereby denying his vulnerable family members access to sorely needed nutrition, health or education benefits.

It is here that the government needs to use its imagination in devising a workable, effective solution covering schemes in different sectors. Unconditional and conditional cash transfers should be linked to a mobile wallet created for each beneficiary/consumer. This mobile wallet will be linked to the bank account and Aadhar number of the individual consumer. Cash transfers (whether unconditional or conditional) under different heads — health, food, education — will flow into the individual’s mobile wallet. Choice should be given to the consumer to access the service from a public or private provider, to reduce the inefficiencies of state/private monopolies/oligopolies. Goods/service providers will be paid through the mobile wallet for goods/services delivered, using point of sale machines that identify the customer through Aadhar identification procedures.

There is also the important issue of identifying the eligibility of the beneficiary for specific types of assistance. The government has scrapped the Below Poverty Line (BPL) lists. These suffered from two infirmities: first, the lists often left out the poorest and most marginalised sections of society and secondly, they were not dynamic, in that there was no provision for updation as families exited or newly entered the ranks of the poor. The 2011 Socio Economic and Caste Census (SECC) has attempted to use household data (based on an intensive nationwide survey conducted in rural and urban areas) to identify households which could be defined as suffering from deprivations of different degrees, using income and assets as criteria. While this is better than the old BPL classification, the SECC also has some grey areas which could affect the identification of those households genuinely in need of various social protection programmes. The authenticity of the data gathered during the survey can be open to question. There is also the issue of, over time, including households that, because of various factors, move afresh into the deprived category. Most importantly, there is no basis to ascertain income earnings, especially in case of households that are not covered by the Income Tax Department records and which, as in the case of agricultural households, are not liable to pay income tax. The possibility of families subdividing themselves to avail of benefits cannot be ruled out: one is reminded of the efforts made by sections of the agricultural elite, in the two decades after land reforms were introduced in the 1950s, to show land ownership in the name of servants and even animals to avoid parting with agricultural land.

One possible method of checking misuse of benefits would be to insist on bank accounts being linked to the Permanent Account Number (PAN) cards issued by the Income Tax Department and to the Aadhar identity. Over time, as this writer has often advocated, this should be accompanied by a move to a cashless economy. Currency notes of over Rs. 50 denomination should be withdrawn from circulation and mobile wallets should become the norm for cashless transactions. Moreover, transactions of a monetary value of over, say, Rs. 500, should be mandatorily through a cashless system. This would provide, through the income tax network, full details of the receipts and expenditures of every household, automatically thereby excluding from the ambit of government benefits those who are not entitled to them. If there is doubt about the feasibility of a country moving to a largely cashless economy, we need see no further than the example of Sweden. Cash represents just 2% of Sweden’s economy and only 20% of consumer payments are made in cash in Sweden as compared to 75% in the rest of the world (this figure would be well over 90% in India). Nor does the oft-parroted argument about the illiteracy of India’s citizens hold water: one just has to see how Indian men and women have taken to mobile phones to realise that lack of education is no hindrance to the enthusiastic adoption of “liberating technology”.

However, this would be possible only when there is a broad consensus on the applicability of Aadhar for all types of transactions. Sections of the intelligentsia have voiced apprehensions about the misuse of private data of individuals, despite the fact that the Aadhar card has the same information as the identity card issued by the Election Commission of India, except for the additional incorporation of biometric information. These groups have been actively agitating in the country’s highest judicial forum against the widespread adoption of this technology. Forgotten is the harsh fact that for a person deprived of so many economic and social rights, a hypothetical loss of so-called “privacy” is hardly the most important consideration. Forgive the atrocious pun, but without JAM, India’s poor and disadvantaged run the risk of being denied their bread and butter.

 

 

 

Companies and CSR – the Indian experiment

Corporate Social Responsibility (CSR) has been a favourite topic of discourse in the public domain over the past decade or so. With instances coming to light in recent years where actions of companies have impinged on the environment and the lives of local communities and with a far more discerning and voluble public, companies, and more so, governments, are aiming for responsible policies that, while promoting commercial interests, also take into account the sensitivities of the populations that will be affected, directly or indirectly, by these policies. The Government of India spelt out these obligations as far back as 2011 when it issued National Voluntary Guidelines (NVGs) listing out the social, environmental and economic responsibilities of businesses in India. The NVGs were, however, advisory rather than mandatory. It was only with the new Companies Act, 2013 (“Companies Act”) that Corporate Social Responsibility (CSR) spending was formally made a statutory obligation for companies incorporated under the Companies Act.  The objective was that companies deriving commercial benefit from their business operations should, as good corporate citizens, give back something to communities.

Section 135 of the Companies Act has laid down the procedure for companies to develop a CSR policy. However, the only specific issue mentioned in this section (that has a financial implication for the company) is the obligation for companies exceeding a threshold limit of net worth, turnover or net profit to spend, in a financial year, at least two percent of the average net profits of the preceding three financial years on any of the activities listed in Schedule VII of the Companies Act. These range from eradication of extreme hunger and poverty to promotion of education and gender equality, reducing child mortality, ensuring environmental sustainability and social business projects. As mentioned in the Report of the High Level Committee (“HLC Report”) appointed by the Government of India to suggest measures to improve monitoring of implementation of CSR policies, it is for the first time in the world that a provision for CSR spending has been made part of a statute. The HLC Report “…is convinced that the main thrust and spirit of the law is not to monitor but to generate conducive environment for enabling the corporates to conduct themselves in a socially responsible manner, while contributing towards human development goals of the country.” The first few years would necessarily be a learning experience for all stakeholders, including the government. It may, therefore, be instructive to focus on some of the key areas of implementation to see how this unusual piece of legislation could work out in the coming years.

It is quite clear that the intention of the CSR legislation was not to supplement public resources for social and human development; government could as well have taxed the companies to raise additional resources for this purpose, as has recently been done with the 0.5% enhancement in service tax rates to meet the costs of the Swachh Bharat campaign. Too often, non-governmental organisations (NGOs), particularly the larger ones based overseas, tend to wrongly visualise their roles as substituting the efforts of government. They tend to invest significantly in manpower and other resources in projects they take up on a pilot basis in certain parts of the country. The major drawback in such efforts is the failure to integrate the project with the local, especially public, resources already on the ground in a specific social sector. The result is that excellent outcomes reported in a very localised area almost never attain either scalability or sustainability. They are not scalable because of a lack of buy-in from the public service delivery machinery and the failure to enthuse/convince governments to adopt similar approaches in other areas. With NGO resources being finite, the initiative cannot be sustained even in the initial success area, leave alone extend it to other areas. There are lessons in such previous initiatives which need to be drawn by corporates if they are not to squander their CSR resources on small local projects that do not survive the withdrawal of the initial sponsor. It may make more sense for companies, especially larger ones, to link up their CSR spending with activities that complement ongoing programmes of the government. This view finds support from the HLC Report recommendation that companies with annual CSR spends of over Rs. 5 crores should undertake programme based sustainable CSR activities, with some measurable outcomes, while companies below this limit can go in for project-based activities. In fact, companies should, where resources permit, link their CSR activities to ongoing development programmes of the government. This would benefit such government programmes in two ways: (a) pilot initiatives could be started in selected areas, with the lessons learnt from such pilots being used to improve public programme implementation; and (b) governments could benefit from the innovative ideas and new concepts that corporate involvement brings to social ventures. This has been the rationale for at least one such multi-stakeholder partnership in the state of Maharashtra a few years back, the Bhavishya Alliance. This Alliance, comprising leading corporates, the Government of Maharashtra and NGOs/community based organisations, focused on reducing under-6 child malnutrition in Maharashtra state between 2006 and 2011.

Although it is rather early to start analysing the implications of specific provisions relating to CSR spending in the Companies Act and Companies (CSR Policy) Rules, 2014 (“CSR Rules”), certain issues may perplex companies and bedevil smooth implementation of CSR activities, unless greater clarity is forthcoming in the coming days and months on interpretation of some of the provisions:

  • Section 135 requires companies to give preference in CSR spending to the local areas where their operations are based. While this does not necessarily circumscribe company discretion to extend CSR activities to geographical areas not necessarily contiguous to their operational areas, it can give rise to interpretation conflicts. The HLC Report talks of companies with over Rs. 5 crores annual CSR expenditure being allowed to go in for programme-based activities. A number of such activities may not always be feasible in the immediate vicinity of company operational areas. Also, companies (especially family-owned ones) may wish to spend their CSR funds in the areas from where the founder came (Gujarat, Rajasthan, etc.) though there are no company operations in these areas. Most importantly, this may limit CSR spending in areas sorely in need of such human capital investments (in education, health, nutrition, etc.), such as remote tribal areas. In fact, there is need for governments to specifically encourage CSR investments in the most backward regions of the country, which often receive far less than their due share of budgetary resources.
  • There is a specific provision in the CSR Rules that CSR activities should not include those pursued in the normal course of business. Schedule VII of the Companies Act, which lists the eligible CSR activities, has been expanded three times already since the Act was notified in February 2014. It is well-nigh impossible to fully anticipate the nature of activities that qualify for CSR spending. Development priorities and needs can vary across time and geographies; hence, the HLC Report recommends an omnibus clause which covers all activities that serve a public purpose and enhance public welfare. Alternatively, the Companies Act should be amended to provide for specification of such activities in the CSR Rules, so that the Department of Corporate Affairs can amend the Rules as and when necessary.
  • In its present form, the Companies Act does not prescribe any penalty for non-compliance with the provisions of Section 135. It provides for what in regulatory parlance is termed “comply or explain”. The annual report of the Board of Directors of a company simply has to explain why the required amount could not be spent. Of course, in this age of social media, a multi-billion rupee company that trotted out silly reasons for its inability to spend on CSR activities would face public scorn, not to mention the adverse impact on its social image and the loss of goodwill. And yet, there could be valid reasons, like major business downturns, for a company’s failure to meet its CSR expenditure obligations. Rightly, then, the Companies Act has refrained from penalising non-compliance in spite of the mandatory nature of Section 135. However, Sections 450 and 451 of the Companies Act prescribe punishments ranging from fines to imprisonment for contraventions of provisions of the Companies Act for which no penalty or punishment is provided elsewhere in the Companies Act. In the absence of a specific clarification that these punitive sections do not apply to actions under Section 135, it is not impossible to visualise some overzealous bureaucrat bringing the might of the state to bear on infractions by companies under this section.

In the final analysis, the CSR legislation, despite its mandatory tone, is more self-regulatory rather than punitive, requiring a mature approach from both companies and governments. Both parties need to see how they can collaborate in using company resources to achieve the greatest public good. Companies need to shed their earlier approach of deeming that they have met their social obligations if they contribute to a schoolroom or a balwadi. Rather, the emphasis should be on CSR investments that contribute to ongoing improvements in the social and economic status of communities for which the CSR expenditure is intended. Companies should also interact on a regular basis with government departments and agencies to jointly examine how they can contribute to building managerial capabilities of the public service delivery machinery and introducing innovations in ongoing government programmes to ensure better outcomes. On their part, governments (especially state and local governments) should proactively assess and list programmes and activities where government efforts will be positively boosted by private support. The objective should be to develop a menu of activities which can be posed to various private sector partners for participation along with the government in improving standards of life. The Upanishadic exhortation “Vasudhaiva Kutumbakam” (the whole world is one family) has special relevance in the context of these efforts to improve the lot of one’s brothers and sisters.

 

 

Reshaping India’s bureaucracy – a blueprint for action

“The Moving Finger writes; and, having writ,

Moves on: nor all thy Piety nor Wit

Shall lure it back to cancel half a Line,

Nor all thy Tears wash out a Word of it.”

(Omar Khayyam)

 

The eagerly awaited report of the Seventh Central Pay Commission (7CPC) has been received by the Government of India, which will, in all likelihood, give effect to its recommendations early in 2016. Omar Khayyam’s prescient words apply with particular force to an issue as sensitive as the pay packets of India’s mammoth bureaucracy: once the genie has been let out from the bottle, there is no containing its impact. The abiding regret of this writer will be that his fervent hopes that the 7CPC would address the issue of flab and sloth in government have been dashed by the report, apart from the usual pious homilies delivered by it. It is now left entirely to the government of the day to tackle this vexing issue which has important consequences for the future of effective policy-making and responsive service delivery in India. What is truly unfortunate that the IAS and the various central services have spent most of their time and energies squabbling over the spoils of office (pay parity, promotion avenues, etc.) rather than agonizing and introspecting over the growing trust deficit between them and the aam aurat on account of their collective failure in meeting her aspirations. Not a word was uttered by the doyens of the civil services about the need to make the civil services more efficient and accountable; instead, the unedifying spectacle of tawdry trade unionism only served to confirm the worst fears of the public about their “public servants”. Which goes to substantiate the point made in earlier instalments of this column that only major surgery will improve the condition of homo indicus administraticus, that exotic species of public servant that abounds in Indian climes.

The Tenth Report of the Second Administrative Reforms Commission (SARC) constituted by the previous UPA government has outlined the reforms in the bureaucracy in countries with widely differing socio-economic milieus ranging from Australia, the United Kingdom and New Zealand to Japan and Singapore. Each of the countries discussed in the SARC Report has followed its own path of reform, with the first three pursuing radical, systemic transformation in civil service structures while the latter two have been more incremental in their approach. The SARC Report has played it safe, sticking to the conventional, incremental approach of piecemeal reform, which has largely been ignored by the Government of India although seven years have elapsed since the publication of the report. To stimulate debate on this critical issue, I am going to stick my neck out and propose a course of action that will probably infuriate my erstwhile colleagues in government. I am, however, convinced that the time has come for bold action on this front; further delay will mean indefinite postponement of “India’s tryst with destiny”.

1) Reconstitution of the public services

At the stroke of the midnight hour on 31 December 2017, all Group A to Group C services of the Government of India should be merged into a single unified service, to be called the Indian Public Service (IPS) (I suggest a specific date so that there is a commitment to this reform process). All existing personnel in these services will move to a five year contract system with the government. Recruitments to all services (including Group D services) will be stopped from mid-2017 onwards; this means that 2016 will be the last year when competitive examinations for any level of the existing civil services are conducted by the Union Public Service Commission (UPSC) or any other body.

2) Public Service Commissions

The UPSC will be replaced by the Indian Public Service Commission (IPSC) at the central level. The Chairperson and Members of the IPSC will be appointed by the President of India on the recommendations of a committee comprising the Vice President of India, the Prime Minister of India, the Speaker of the Lok Sabha and the Leader of the principal Opposition Party in the Lok Sabha. The IPSC will have independent powers relating to the recruitment process of IPS personnel, as well as all matters relating to the development of professional public services, maintenance of the highest standards of ethics and integrity, monitoring, reviewing and reporting on the performance of the IPS across departments and agencies and conducting disciplinary enquiries in respect of IPS personnel.

At the state level, State Public Service Commissions (SPSCs) will be set up, which will work under the overall control and supervision of the IPSC. The Chairperson and Members of the SPSCs will be appointed by the Governor of the State on the recommendations of a Committee comprising the Chief Minister of the State, the Speaker of the Legislative Assembly and the leader of the principal Opposition Party in the Legislative Assembly. The SPSCs will have the same independent powers in respect of the personnel in the State Public Services (SPSs) as listed above in the case of the IPSC.

3) Structure of the IPS and recruitment process

The IPS, a Government of India service, will comprise three levels — the Senior Management Services (SMS), the Middle Management Services (MMS) and the Junior Management Services (JMS). The IPS will man three types of service structures:

  • Departments, which will serve to formulate policy and get budgets approved by Parliament;
  • Agencies, which will exercise project execution, advisory and research functions;
  • Statutory bodies/agencies, created under different statutes.

Each of the Departments and Agencies will work under the supervision of a Minister of the relevant government.

Recruitment to the IPS will be through a competitive examination, organised by the IPSC, open to all graduates who are over 21 years of age. The pattern of examination would broadly follow the current scheme for the Civil Services examination, with multiple-choice questions designed to test the general knowledge and analytical abilities of candidates. There would be two levels of examinations: candidates for JMS posts would need to obtain a specified minimum qualifying mark in the Level 1 examination to be eligible to apply for posts. Level 1 examinations (to be held every year) would comprise one paper each in general knowledge and analytical ability. Additionally, there would be two multiple-choice papers (both of a qualifying nature) to test the language skills of candidates in English and Hindi. Based on the number of expected vacancies at JMS level in a three-year period, a list of twice that number of successful candidates (based on their latest performance in the Level 1 examination held in the three years prior to that period) would be drawn up every three years. Departments/agencies would advertise their vacancies as and when they arise; any person in the list will be eligible to apply. A selection committee comprising the department/agency head (or her representative) and a representative of the Indian Public Service Commission (IPSC) would interview a select list of candidates and pick the most suitable person(s). The selected person would be offered a five-year contract and would be eligible to reapply for the post at the end of that period, when she would get an opportunity to compete for the post with other eligible candidates. Her chances of reselection would obviously depend on the assessment of her contribution to the department during her five-year tenure.

Level 2 examinations would be held every year to determine the pool of candidates eligible for appointment to the SMS and the MMS. Candidates (graduates over 21 years of age) would be assessed on their performance in multiple-choice general knowledge and analytical ability examinations; they would also be graded on their performance in an essay-type examination that tests their understanding of the Constitution of India and of contemporary national and international trends in the economic, political and social spheres. While these three papers would determine their performance in the Level 2 examination, candidates would also be required to meet qualifying standards in the two multiple-choice papers in English and Hindi. Candidates scoring above a mark set  by the IPSC in their latest attempt in the Level 2 examination held in the previous five years would be eligible to offer themselves for appointment for SMS and MMS posts, which would be offered for a fixed five-year term. At the end of the five-year period, the post would be freshly advertised for which all eligible candidates, including the current incumbent of the post, would be eligible to apply.

For all the three levels, there would be no upper age limit for selection, though, obviously, the competence of the applicant and her health condition would be major factors in determining her selection.

4) Structure of the State Public Services (SPSs) and recruitment process

The SPSCs will be responsible for the recruitment of personnel in the state government and urban and rural local governments. As in the case of the IPS, the same three service levels — SMS, MMS and JMS — will work in the same administrative structures of departments, agencies and statutory bodies at both the state and local government levels. The SPSCs can use the same Level 1 and Level 2 examinations (for appointments to state governments and local bodies) as conducted by the IPSC (with Hindi being substituted, where appropriate, by the local language) or they can conduct their own examinations on the IPSC pattern, under the supervision of the IPSC (given the rather dismal recruitment record of most State Public Service Commissions today). Appointments will be for fixed five-year terms with the provision for the incumbent to apply for the position afresh, along with other applicants, when the post is freshly advertised. As in the case of the IPS, there would be no upper age limit for appointment.

This new system of bureaucracy is intended to be more managerial and result-oriented in its approach. It would be worthwhile to highlight the important departures from the current systems of management of the bureaucracy at different levels of the central, state and local governments:

1) No movement between different levels of government

The All-India Services would cease to exist in the new formulation and there would be no movement of officials between Central and State governments or between State and local governments. The fears of lack of cohesiveness in its newly constituted states, which haunted the newly independent Indian Republic, do not apply more than six decades later. More and more, state politicians resent the “imposition” of officers from outside the state and feel (sometimes justifiably) that these officers do not understand the local ethos. In any case, a person from one state who seeks public employment in another state can do so provided she meets the local language qualifying standards in the examination.

2) Government positions open to all

One major advantage would be the availability of talent and skills from all strata of society to fill posts in government. All positions at all levels would be open to any citizen of India (though even this requirement could be reviewed in due course). The induction of people from diverse backgrounds, including the private sector and academia, to policy-making and executive posts, would enable the introduction of fresh ideas and innovations into governance, apart from ensuring domain expertise. There would also be provision for movement from the public services to elected political posts: the only requirement would be that the incumbent of the public service post would have to resign in order to contest elections. In case she is unsuccessful in the elections, there is no bar on her applying for any position in government that may be available. This would put an end to the continuous (often meaningless) debates on the primacy of members of one service and the lack of opportunities to others who were not fortunate enough to win the “lottery” in the examinations to the civil services. The only criterion for selection to a fixed-term post would be the competence, skills and knowledge of the candidate and the value she is expected to add to her assignment.

3) Administrative and financial autonomy

All JMS personnel at the central, state and local levels will be selected by a Committee comprising the Head of the department/agency (or another officer designated by her) and a representative of the IPSC/SPSC. The logic behind this approach is that the performance of the department/agency head will depend on the calibre of the personnel selected by her Committee; hence she will exercise due diligence in selection. Similarly, SMS and MMS level personnel would be selected by a Committee comprising the Minister (or equivalent at the local body level) and Head of the department/agency and a representative of the IPSC/SPSC. This would squarely place on the Minister responsibility for the efficient functioning of the department/agency and also end once and for all the complaint often heard from Ministers that their bureaucrats do not listen to them. Substantial financial powers will also be delegated to heads of departments/agencies, with well laid-down procedures for purchases and contracts, to speed up decision making processes. There would be little scope then for the bureaucracy to blame inefficient staff and cumbersome financial rules for their lack of efficiency.

4) Compensation structures

Departments and agencies will have the authority and jurisdiction to fix the levels and nature of remuneration for the personnel working in them. This will have to designed to attract the best talent to public service and will, of course, have to be mindful of government’s revenue-raising capabilities. At the same time, this would also promote innovations in government practices to augment revenues and control expenditures.

5) Building competencies — digital governments

Since there will be a regular churning of personnel at all levels, developing the skills and capabilities of persons who will be manning positions in government at some stage is crucial to effective governance. This can be done through the following measures:

  • Offer employment in government only to those possessing requisite computer skills, including the ability to prepare documents and presentations and to handle data processing tasks;
  • develop extensive electronic databases so that employees have access to online information to assist in the efficient performance of their tasks;
  • encourage in-service employees to go in for training courses (both online and offline) to upgrade their skills and capabilities for their current and future assignments;
  • set up a continuing education fund, contributed to by government, financial institutions and the corporate sector, to enable individuals to avail of soft loans for pursuing higher studies in reputed institutions in India.

6) Reducing government departments and devolving responsibilities

The use of the phrase “no gain without pain” since time immemorial has its echoes in any efforts at administrative restructuring. With the clear delineation of department and agency functions, there will be need for far fewer departments. This implies a drastic reduction in the administrative personnel required in staff positions and a move to more of line personnel whose jobs will depend on the specific projects they execute or the functions that they perform. Redundancies could well arise because of closure of certain functions/projects and on account of even technological obsolescence. To give just a couple of examples — stenographers would become history, peons would vanish as a class and drivers would hardly be visible, except maybe for the political and administrative executive at the very top. Officials would have to type their own notes and fetch their tea/coffee from vending machines (with, hopefully, visible improvements in their health profiles!). The pain would percolate to the political class as well: fewer Ministerial posts and fewer sinecures in obscure government corporations.

Along with leaner (though not necessarily meaner) departments and agencies, a full rethink would also be required to determine what should be the role of the department as compared to the agency. Departments will confine themselves to broad policy issues and leave the formulation and execution of projects to agencies. This would reduce the need for both many departments as well as for excessive staffing of departments. It would also ensure that agencies take full responsibility for the timely execution of projects and do not pass the buck for tardy implementation to departmental delays.

The most important reform needed is to clearly demarcate the areas of responsibilities as between the three tiers of government — central, state and local. The rule of thumb should be that no function should be controlled by two levels of government, either in terms of budgeting or execution. Subjects should squarely come within the jurisdiction of one of the tiers of government — the next higher tier should be involved only in an advisory role or where coordination issues rise between the lower tier governments. This will require a relook at the existing subject distributions in the Seventh, Eleventh and Twelfth Schedules of the Constitution of India.

Conclusion

This has turned out to be a far longer blog than earlier ones and I must crave the indulgence of my readers. But it was not possible, in the interests of continuity and cogency, to split this article. Also, the subject matter required going into in some depth to propose possible solutions that can be debated and acted upon. Given the limitations of length, it has not been possible to touch on a number of other details like the roles and functions of the IPSC and SPSCs, the mechanisms for checking corruption and misuse of power at the political and administrative levels and the devolution of powers to lower levels of government. These and other issues can be debated in depth once there is a modicum of consensus on the broad parameters for administrative reform. I sincerely hope that this article stirs up introspection and debate on future directions for bureaucracy in India. The people of India are not interested in the musical chairs game that different sections of the bureaucracy seek to play nor in the promotion of the virtues of one service as against another. It is high time the elite bureaucracy of India (whether from the IAS, IA&AS, IRTS or IRS) is exposed to competition from all others, whether the latter did or did not participate in the same race initially. Let the serving  bureaucrat of today show that she has the skills and competence to outperform the smartest in the land. I can assure her that she will find far more personal fulfilment and acceptance from the public than is the case today.

 

 

 

 

 

 

 

 

 

India’s quest for oil and gas – more questions than answers

The Petroleum Ministry of the Government of India has gone into overdrive with two recent policy announcements. It decided to offer 69 small oilfields for development through an international bidding process and has floated a consultation paper on the future contours of oil and gas exploration policy.  The controversies with Reliance over the KG-D6 field development led the UPA government to constitute the Rangarajan Committee to suggest an appropriate contractual framework for petroleum exploration and production in India. Probably, at least in part as a response to dissatisfaction of oil companies with this report, another Committee under Dr. Vijay Kelkar, which included members with experience in the upstream petroleum industry, was constituted over two years ago to suggest measures to meet India’s hydrocarbon requirements over the next two decades. The recommendations of this Committee, which landed on the table of the present government over a year ago, seem to have been partially acted upon, as will be shown later in this article. What defies logic is the present move to again launch a consultation process with stakeholders on hydrocarbon exploration policy. Oil companies, national and private, have forcefully put forth their views over the past three years; there is little or nothing left for them to say further. But an examination of the major issues raised in the consultation paper show that the same path as in the past is being traversed by the government, with the same old wine being served in the same old bottles. It may, hence, be instructive to see what the consultation paper highlights and what it implies for government action in the coming months.

There can be no quibble with the proposal to adopt a uniform licensing policy for all forms of hydrocarbon resources, ranging from conventional oil and natural gas to unconventional sources like shale oil/gas, coal bed methane, gas hydrates, etc. The decision to go in for an open acreage licensing policy (OALP), which was one of the recommendations of the Kelkar Committee, is also welcome. However, this requires a much firmer stand of the Petroleum Ministry and the Directorate General of Hydrocarbons (DGH) vis a vis the national oil companies (NOCs), ONGC and OIL, in matters relating to acreage on offer and availability of data. Private companies have always had the grouse that the NOCs are loath to relinquish acreage allotted to them in the past on nomination basis by the government. The same rules that apply to companies under the New Exploration Licensing Policy (NELP) ought to be applied here: areas that have not seen any NOC exploration or development activity in a reasonable time frame should be relinquished by them and offered under OALP to remove any discriminatory treatment in favour of the NOCs. The DGH should also develop a strong data repository (another recommendation of the Kelkar Committee) and ensure that all geological data, including from those areas currently or formerly held by the NOCs and other companies, is freely available for inspection and analysis.

It is the other two points in the consultation paper which give cause for concern. Despite the Kelkar Committee marshalling very good arguments for continuing with a petroleum profit-sharing arrangement, the Petroleum Ministry has stuck to its guns in going in for a revenue-sharing system. The revenue sharing model militates against private risk-taking in that it transfers the entire risk burden to the investor. With royalty and a share of gross revenue (net of royalty) having to be paid upfront to the government, private companies will find the risk-weighted returns skewed against them, especially in an era of low oil prices. The proposed fiscal model could also go against government revenue interests,  with windfall gains being reaped by a private company, in the event of the discovery and development of a giant oil/gas field by a private operator in a contract area where, because of its relatively unattractive geological prospectivity, modest fiscal terms were offered to the government,. We do not have to look very far for such instances: no one, at the outset, gave much of a chance for hydrocarbon discoveries in Bombay High and Rajasthan, two of India’s most prolific oil producing areas today.

The carrot of freedom to companies in pricing and marketing of gas is being dangled again before companies. Unfortunately, the same utopia was held out to companies as far back as the year 2000, when the first NELP contracts were signed. The Reliance imbroglio and the flip-flops on permitting companies to sell gas to whomever they wish at market price have left private companies sadder but none the wiser about government’s intentions. There will need to be clear policy moves, on the lines suggested by the Kelkar Committee, removing government control over pricing and marketing decisions on gas, so that private producers face no unpleasant surprises from subsequent governments.

The government offer notice for small fields also requires successful companies to compensate ONGC/OIL for past costs incurred on book value basis, adding another upfront payment by companies which will eat into their profit margins. At the present moment, it is not clear if the provisions of the Draft Revenue Sharing Contract (DRSC), which were circulated last year for comments, are going to apply to the present offer in toto. If they do, the entire bidding process, whether for small fields or exploration blocks, may well prove to be a non-starter. Penalising companies for failure to reach committed production levels goes against the very grain of best petroleum industry practice, given the uncertain behaviour of petroleum reservoirs. Requiring companies to channel all revenues, in the first instance, into an escrow account will delay revenue accruals to them; it will also affect their ability to raise funds from financial institutions, which will be uncertain about government payments in time to companies to enable them to meet their debt payment commitments. The provision for treating revenues earned from assignment of participating interest as liable for sharing with the government flies in the face of international oil industry principles: this will inhibit participation of small companies which hope to develop the reservoir and then sell their participating interest to larger companies which are better placed to exploit the reserves.

The absence of a contractual stability provision in the DRSC will raise apprehensions in private companies, given the government’s track record in compelling Vedanta to meet royalty payments at the time of approval of its acquisition of Cairn India’s interests. Nor is the bureaucratic footprint in approving decisions on field appraisal and development reduced in any significant manner. In fact, there is no bold departure at all from the past, with Petroleum Ministry bureaucrats and DGH officials continuing to have a major say in all aspects of operations of the contractor. Given the less than pleasant experience of companies with this system in the past, it would be highly optimistic to expect dynamic decision making aimed at cutting delays in giving approvals.

India, as a major petroleum importer, has very few major successes to show in the exploitation of its petroleum reserves over the past twenty five years. Such successes as have been there have been due to the efforts of private investors; the national oil companies have had virtually no significant petroleum discoveries to show for their exploration investments.  The Petroleum Ministry is now trying to paint the offer of small oilfields as an attractive bait to private investors when, by its own admission, these fields were not monetized by ONGC and OIL “due to their isolated location, limited reserves, high development cost, technological constraints and fiscal regime”. At a time when oil prices are on a downward path, marginal discoveries are unlikely to attract any significant private investment, all the more so if the contractual terms offered are less than appetising.

It all finally boils down to the comfort levels between investing companies and the government in doing business with one another. Viewing company motives with suspicion is not the best advertisement for encouraging private investment in a high-risk sector. Mexico’s recent experience in failing to enthuse private investors to bid for its shallow-water exploration blocks is a timely reminder of the consequences of low government credibility in the eyes of investors. Venezuela and Brazil are also paying the price for their past reluctance to engage with private oil companies. That such major producers face lukewarm investor response is a wake-up call to a far smaller player in the oil production market like India. Unless geologically attractive areas are offered, contractual terms meet investor expectations and the operating environment is efficient and hassle-free, petrodollars will not pour into India. As of now, the prognosis for private investment in the upstream oil and gas sector is, I am afraid, rather bleak.

 

 

 

Reducing Child Malnutrition – Four D(o)s for governments

Child malnutrition constitutes one of India’s biggest public health challenges. A look at international child nutrition rankings can be very sobering: India (with 44% of under-6 children underweight and 48% of under-6 children stunted) is in the same league as countries with far more pressing social, economic and political problems. The recently released Rapid Survey of Children carried out by the Ministry of Women & Child Development (MWCD), Government of India and UNICEF highlights the gap between better-performing and laggard states within India. The bulk of the poor performance on under-6 child nutrition (underweight and stunting) indicators is accounted for by just seven states: Bihar, Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Meghalaya and Uttar Pradesh. This is in spite of India having one of the oldest programmes (since 1975) – the Integrated Child Development Services (ICDS) – dedicated to improving maternal and child health and nutrition. The problem clearly does not lie in the intent: it lies in the inability of governments at the national and state levels to adopt a systems approach to tackling this issue. This blog argues that there are four must-dos for governments in India (all coincidentally starting with the letter D) which will hopefully contribute to significant reductions in child malnutrition. These are based on my personal experience with Maharashtra’s Rajmata Jijau Mother-Child Health & Nutrition Mission (“the Maharashtra Mission”) which I headed from 2005 to 2010 and from the heartening statistics which show that stunting and underweight in under-2 children in Maharashtra fell by 41% and 24% respectively between 2006 and 2012, attributable, at least in part, to a more focused approach of the Government of Maharashtra towards tackling child malnutrition.

Data & Disaggregation

Government systems are noticeably reluctant to use data, especially disaggregated data, to inform public policy direction and the ICDS is no exception. The MWCD receives monthly progress reports online from all state governments detailing inter alia the under-6 child underweight status (as per the WHO classification) on an ICDS project wise basis at the sub-district level. Unfortunately, this data often arrives after a considerable time-lag (when it does arrive at all) and there is no insistence on timely, accurate reporting. In any case, no use has been, or is, made of this rich source of data by governments at the national and state levels to focus attention on specific geographical areas where the incidence of child malnutrition is severe. In all development indicators, some regions in the country will lag well behind others. In child nutrition outcome indicators, too, it is observed that some regions in specific districts of the country, particularly those inhabited by tribal populations, minority communities and other socially disadvantaged groups show markedly poorer performance. There is also the issue of child coverage under the ICDS: despite the orders of the Supreme Court over ten years ago, a significant proportion of under-6 children still do not receive the full range of health and nutrition services. The decennial Census of India gives figures of children in the 0-6 age group right down to the village and urban ward level. Using these figures as the denominator for action, as the Maharashtra Mission did from 2005 onwards, enables inclusive coverage of all 0-6 children. Ensuring that each and every one of these children are regularly weighed gives comprehensive monthly data on the nutrition status of children in each habitation and enables taking of corrective nutrition and health measures in a timely manner. The availability of disaggregated data, including nutrition outcome indicators, draws the attention of policymakers to the worst affected areas and enables concentration of financial and human resources in those areas. More recently, Geographic Information System (GIS) tools like Jatak (see www.issnip.jatak.org ) have been developed to track individual child nutrition status and take steps to improve the health and nutrition status of children. Using Interactive Voice Response Systems (IVRS), data on key child nutrition indicators are received from frontline nutrition workers as voice files and converted into data at a central facility. This data has a two-way flow: it goes downwards for initiation of timely action by field workers and also enables supervision of their activities by middle-level managers. Aggregated at sub-district and district levels, it also aids timely policy interventions.

Design & Delivery

As mentioned in the preceding section, the use of the latest census data on 0-6 child population allows firming up of the numbers of children to be covered by each anganwadi or a cluster of anganwadis in a revenue village or urban ward. The starting point has to be the provision of public health and nutrition services to the child based on an assessment of her nutrition status. Growth monitoring is one area where significant systemic weaknesses can be seen in nearly all states. Maintaining monthly weight records of under-6 children and monitoring their growth progress enables the anganwadi worker to refer children at risk to medical facilities for early treatment of childhood illnesses or congenital diseases. The focus in the ICDS system thus far has been only on under-6 child underweight status. However, extensive research has shown that stunting (height-related) and wasting (weight to height related) indicators are also crucial to the healthy development of the child. Till such time as government policy sanctions length/height measurement as an indicator, the appropriate strategy, as adopted by the Maharashtra Mission, would be to record the lengths/heights of all under-6 children listed as being severely (more than three standard deviations below normal) underweight as also of under-6 children with faltering growth patterns and determine children, especially in the under-2 age category, requiring urgent health and nutrition interventions to check severe acute malnutrition (SAM), which significantly increases infant and child mortality. This requires close coordination between the ICDS and health systems at village and health centre levels. The use of a system like Jatak would give an upto date list of severely underweight children and those displaying faltering growth patterns. The anganwadi worker would provide this list to the nearest health worker/ medical facility to record the lengths/heights of these children and determine those children failing in the SAM category. Such children would be admitted to medical facilities, with continued post-treatment monitoring by field workers at home subsequently. Children in the moderate acute malnutrition category can be attended to at the anganwadis or at home by anganwadi workers.

The focus on reducing moderate and severe underweight and wasting rates in under-6 children requires revamping of delivery systems in the ICDS sector through building up motivation, skills and knowledge in anganwadi workers, supervisors and Child Development Project Officers. The negative mentality of blaming field workers for high rates of child malnutrition has to give way to an appreciation of the severe constraints they operate under, moving, as the Maharashtra Mission termed it, from “a fault-finding to a fact-finding approach”. Anganwadi workers are paid a pittance (often after a delay of many months) for the devoted services they render to the community and are handicapped by a severe shortage of infrastructure and equipment essential to the effective performance of their duties, as well as voluminous reporting requirements and absence of on-the-job training. The awareness that they are contributing to the raising of the next generation needs to be imprinted in the minds of all ICDS functionaries. It is not that monetary incentives alone motivate people: non-monetary recognition, through an appreciation of work by those higher in the hierarchy and giving publicity to achievers, can be a major inspiration to workers. At the same time, senior officer levels in the ICDS need to take on team leadership – they should be available 24*7 for solving implementation problems and making available resources to frontline workers to enable them to give of their best. A large part of the Maharashtra Mission’s efforts went into establishing an easy rapport with ICDS staff, encouraging innovative approaches at their level, appreciating their efforts and resolving their operational and organizational problems with higher levels in the ICDS Commissioner’s office.

It’s not rocket science!

The above approach combines responsive governance with the intelligent use of data in a systematic, disciplined manner, adopting a standard operating protocol, which can yield rich dividends where improving child nutrition outcomes are concerned. Of course, there are very relevant issues like the nutrition and health status of adolescent girls, effective antenatal care for expecting mothers, behavioural changes in communities and families on issues of health, nutrition, education, sanitation and gender equality, not to mention the all-important aspect of tackling poverty and low incomes. Trying to tackle all these issues is beyond the capacity of any one agency or department, let alone the government; governments, corporates, nonprofits and civil society have to come together to evolve solutions to these problems. These will take time; till then, our emphasis has to be on the child, as poignantly penned by the poet Gabriela Mistral:

Many of the things we need can wait. The child cannot. Right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him we cannot answer “Tomorrow”, his name is today.”