Archive for the ‘political economy’ Category

Why!!!… Loiter!!!

The Age of Aquarius was a pop song in vogue in my college days. Expressing the angst of the hippie world, it also refers to an age of great upheaval. Such an age seems to have arrived in India circa 2018, as far as gender equality and uprooting traditional sexual identities are concerned. The Supreme Court has played the lead role in this denouement: decriminalisation of same-sex relations and adultery, triple talaq, Sabarimala temple entry for women in the 10-50 age group have been some of its landmark judgments in recent months. The latest bombs to shake Indian society and polity have been the #MeToo accounts of women of sexual predation by influential male figures in areas ranging from journalism to advertising and entertainment, which is now threatening to spill over to other areas like academia and politics.

By any standards, the promise of equality in the Preamble to the Constitution of India seems to have bypassed an overwhelming majority of Indian women, in terms of access to education, employment, decision-making powers and, shamefully, even to the right to life. Even in the very sectors, like journalism, academia and entertainment, where we have been trumpeting the achievements of women, sexism and patriarchal attitudes are rampant, as recent disclosures by aggrieved women make amply clear. The top floors in politics, the bureaucracy and the corporate boardroom are still the exclusive preserve of the old boys’ club, with the occasional token genuflections to the odd woman. In the bureaucracy, which I am familiar with, it is only the southern states — Tamil Nadu, Kerala and Karnataka — which have seen women at the helm of the civil service and the police forces (the odd exception from the north notwithstanding). Even a supposedly socially aware state like Maharashtra has passed up opportunities in the past to promote a woman to the top job in the bureaucracy.

Which is why three articles, in as many days, by a well-known college contemporary of mine, raised my hackles. Titled Limitations of the #MeToo campaign in India, If harassment was open secret, why the conspiracy of silence? and Guild can’t tell Akbar not to move court, they sought to respectively hint at a class bias (English and social media based), an open conspiracy of silence of the victims and others, including male colleagues in the know of things, and the suggestion that the person at the centre of the furore was sought to be denied his legal rights. When a former journalist and a current Member of Parliament comes out with all guns blazing, it brings into question the motives behind the heavy artillery shelling and whether palatable explanations for a gullible middle class are being trotted out.

My former college contemporary being, like me, an upper middle class, Hindu male, can never really comprehend what it means to be a woman in her late teens or early twenties who encounters a celebrity. Many of them were setting foot in the relatively unknown universe of print journalism. In one sense they were seeking to fly at a time when the environment was generally adverse, whether at the workplace or even in the larger social world. Reporting humiliating experiences of inappropriate behaviour by a powerful, reputed person who could spell finis to their careers would either not be believed (or be casually dismissed), as they often were, with the collateral damage that conservative families would dissuade these women from continuing to do what they wished to do. With no directions on handling sexual harassment complaints in place till 1997 and even these (the Vishakha guidelines) being openly ignored by the organisations they worked in, no avenue for redress was open. More importantly, the point that most people, especially males, miss is that inappropriate contact, as detailed in most of the accounts published till now, would have been well-nigh impossible to prove in a court of law in the absence of witnesses and with the financial and institutional might of the person they sought to arraign being deployed against them.

It was not till social media provided the avenue for catharsis that women, from different age groups and backgrounds, felt emboldened to come out in the open and share their mind-numbing outrage with others who went through similar experiences. To now accuse them of elitism and class bias smacks of downright cynicism. Every social movement has to have a beginning. Whether it is the Arab Spring or the #MeToo upsurge, the wellsprings generally lie in the educated, articulate middle class. This anger will then spread to the hinterland from its hitherto metropolitan roots: those who think that this is a passing moment, soon to be forgotten, are mistaken.

What occasions real sadness are the attitudes of patriarchy and misogyny displayed by sections of the “enlightened “ class (both women and men) in response to the recent events, all the more so at  a juncture when girls (and women) from different states and different walks of life are trying to carve out their distinctive identities, separate from father or husband. Even in a gender-skewed state like Haryana, the number of girls who have acquired laurels in sports ranging from wrestling to shooting is heartening, not to mention examples like Dutee Chand and Hima Das, who come from modest backgrounds. Women are also now increasingly entering the hitherto largely male preserves like the armed forces and the upper echelons of the police force. The social environment still militates against their advancement — witnessed in the recent assault on girls in a residential school in Bihar and the rape in Haryana of a young girl on her way to tuition classes.

It is equally infuriating to note that not a word is uttered about responsible, decent, courteous behaviour on the part of males, despite more than adequate evidence over the years of their misdeeds, both in private and public settings. We are talking about saving and educating daughters (Beti Bachao Beti Padhao) without thinking of the concomitant measures that need to be taken to educate and discipline boys to become caring, compassionate men who respect women. Ultimately, we need to shed the patriarchal mindset (prevalent in both sexes) that the woman is responsible for her harassment. Regardless of what she wears, what she drinks or eats and who she goes out with at what time, a woman is entitled to all the freedoms granted to her male counterparts by the Constitution of India. Else we will end up with an Uttar Pradesh-like scenario, where the anti-Romeo squads in effect become anti-Romeo & Juliet squads, given the rampant misogyny prevalent in both vigilantes and the local police.

Before I conclude this blog, I must explain my rather cryptic title, which has been shamelessly borrowed from a book by three researchers Why Loiter? Women and Risk on Mumbai Streets. The book deals with the limited access of women to public spaces, unless they have a specific purpose for being outside the home, like shopping, picking up children from school, etc. Otherwise, they are expected to be accompanied by a male to protect them from the prurient male gaze. When did you last see a group of women chatting at a street corner, drinking cutting chai and eating crisp pakodas? Contrast this with scene right outside my balcony where, from six in the morning, I am witness to groups of men, young and old, drinking tea at the local bakery and exchanging aimless banter. When women can loiter where they want at any time of their choosing, whether at midnight or at 5 AM, without irksome male attention, I can truly say that the India of my dreams has arrived.

Cutting to the chase

ये दाग़ दाग़ उजाला, ये शब-गज़ीदा सहर

वो इन्तज़ार था जिस का, ये वो सहर तो नहीं  “

This feeble blemished light, this dawn mangled by night,

This is not the morning we had all so longed for” (Faiz Ahmed Faiz)

 

Three incontrovertible facts emerge from the latest bovine related lynching in India’s lynch district of Alwar:

  • Rakbar Khan was in the dairy profession
  • Rakbar Khan was murdered on the night of 20/21 July 2018 within the boundaries of Alwar district
  • Rakbar Khan leaves behind a large family with no visible means of support.

I find it necessary to state the above facts because I am never sure nowadays when fiction will rear its Hydra-like head, especially with Twitter trolls on the prowl. There is a numbing sensation of déjà vu, as yet another bovine-related lynching enters the statistics. Notwithstanding the Supreme Court admonitions, the pious statements of union government ministers and the incessant analysis on TV and in print media, we, as a people, seem to be asserting that lynching is our birthright.

Why am I less than sanguine that things will change for the better? Six reasons inform my pessimism:

  • The role of the police is getting more and more questionable, especially in states like Rajasthan. One Gagandeep Singh in Uttarakhand does not a summer make. Sometime before the latest lynching, we were informed that the Rajasthan police have found no evidence against six of the alleged perpetrators of the Pehlu Khan lynching, although they were named by him before his death. It is also puzzling why the statement of the dying person was not recorded before a Magistrate under Section 164 of the Criminal Procedure Code. If no evidence of actual commission of the offence is made out against the accused, there is every likelihood that they may be acquitted. Final result: one murder, zero conviction.
  • Apologists for the accused, in states from Rajasthan to Jharkhand, claim that those accused/convicted were not actually part of the lynch mob but were innocent bystanders. If the police discount both dying statements of the deceased and video evidence, there is no way anyone can be convicted. Even where the local police, as in the Kathua (Jammu) and Ramgarh (Jharkhand) cases, carries out a thorough investigation, justice is sought to be delayed by the demand for the investigation to be handed over to the Central Bureau of Investigation.
  • A mindset has been encouraged in the general public that any apprehension in their minds about the commission of an unlawful act, especially related to cattle, justifies lynching. This has been exacerbated by the mindless enactment of laws in state after state outlawing the sale of beef. Regulations on cattle trade were also sought to be stupidly enforced but withdrawn once there was public outcry and judicial intervention. My friend Harsh Mander has pointed out that the Meo Muslim community in the Mewat region of Haryana have traditionally been in the dairy trade. The virtual pogrom against members of this community when they seek to acquire and transport cattle would seem to be a vicious campaign to deny them their livelihood. Add a potent mixture of love jihad to this and murderous mobs can acquire nationwide licence to kill.
  • Any effort to painstakingly put together data on lynching incidents, relating to causes, community background of the victims and actual convictions, is immediately dismissed by apologists of the ruling establishment as partisan. The latest to face this ire has been the IndiaSpend site for its documentation of the frequency of lynchings since 2010.
  • Well-meaning advice to the government on tackling this menace suffers from the same attribution of motives. Former civil servants are allegedly supporters of the previous ruling dispensation (never mind that they suffered under them) or are peeved because they were denied the loaves and fishes of office after retirement (never mind that no evidence of any such link is given in even one individual case). The feeling is that a lie, if repeated often enough, will be deemed to be the truth by the public.
  • Finally, the actions and statements of prominent members of the ruling party over the past four years have emboldened those who feel their actions are beyond the pale of law. Bland statements by the Prime Minister and Union Ministers on the law taking its course have cut no ice with the rank and file, who continue to issue irresponsible statements without being reined in by their leaders. The latest culprits are a Minister in the Jharkhand government and a senior ruling party functionary in the same state (in the Swami Agnivesh assault case) and a Union Minister (after the latest Alwar lynching).

I am not (as yet) a subscriber to conspiracy theories or to deep, hidden motives behind the actions of politicians who are not thinking beyond the next elections. But, as a citizen of the great Indian experiment in democracy and as an active participant in public service for over three decades, I feel I must stand up for the basic values and ideals that motivated me and my colleagues in the civil services to give of our best to the people of India during our careers. After seeing how things have evolved over the recent past and how justice has more often than not been denied to those at the receiving end of violence and injustice, I am firmly of the view that we must now come to the point. Justice must not only be done but must be seen to be done. With this objective, I offer my own two bits on what needs to be done to restore faith of the families of lynch victims in the rule of law:

  • Lynching, that is mob violence directed against a person or persons, needs to be codified in the Indian Penal Code (IPC). The issue is too grave and urgent to leave it to states to pass their own legislations. It needs to be specified that all persons comprising the crowd at a lynching site will be deemed to have acted with a common intention (as defined in Section 34 of the IPC) and will, as abettors, be liable for the same punishment as the actual perpetrators (presuming that culpability of the latter can be established in a mob situation). All such persons should be liable for the same punishment as prescribed in the IPC for causing death, grievous hurt, etc.
  • Sections 217 to 223 of the IPC must be rigorously invoked against police personnel who try to save perpetrators of lynching offences by doctoring/falsifying First Information Reports, deliberately destroying evidence, etc. Needless to say, police personnel who are present at the site of a lynching and do not use all the resources at their disposal for prevention of the lynching (which they are authorised to by law) should, in addition to the punishment for public servants mentioned above, also be culpable for the offence committed and punished accordingly. Removal of such elements from the police force would also send out a very strong message.
  • Section 51 of the Bombay Police Act, 1951 empowers the District Magistrate to fix compensation payable to affected parties in cases where unlawful assemblies result in death/serious injuries to persons. The compensation amount can be recovered from all inhabitants in a particular area or from specific classes of persons. Forcible recovery methods, as in case of land revenue arrears, can be employed to realise this compensation amount. Such a measure will not only discourage public participation in such offences but may also help in advance intimation being given to the police by parties who do not wish to be held liable. In the present case in Alwar, such compensation would provide much needed succour to a poor family which has lost its breadwinner.
  • Administrative responsibility must be fixed for such acts, especially where they recur in a particular area. In the present case, there are good grounds for seeking the resignation of the Rajasthan Home Minister under whose watch a series of incidents, which have shocked the conscience of all right-thinking citizens, have taken place over the past couple of years and whose police have not been able to convincingly bring to a final conclusion even one case of lynching thus far. More than just administrative responsibility, a case is also made out for the ruling party to take action against its Union Minister who has tried to draw a parallel between the spate of lynchings and attempts to defame the Prime Minister. The utterances of the Jharkhand Minister, who sought to deflect the seriousness of the assault on Swami Agnivesh by commenting on his character and antecedents, are equally reprehensible. Such statements by responsible state functionaries, who have sworn to function in accordance with the Constitution of India, reduce the sanctity of the rule of law.

Democracy is always a tender plant that needs to be nurtured carefully. The responsibility for its nurture falls most on those entrusted by the people of this country with ensuring their safety and security. The time is past for delivering homilies. Justice, in accordance with the rule of law, has to be delivered speedily and efficiently. Let not the present ruling dispensation go down in history as one which destroyed the people’s faith in democracy and the rule of law.

 

Promote Unity, Not Divisiveness

India, the world’s largest democracy, is fast imitating the century-old experience of the world’s oldest democracy, the USA, where lynchings are concerned. The spokesmen and apologists of the political party which is in power at the centre and in most of the states (‘the ruling party’) where these reprehensible, horrifying incidents have taken place in the past few years, will no doubt insist that this phenomenon predates their accession to power, notwithstanding the growing frequency of these incidents since the accession to power of the ruling party, as clearly brought out in the IndiaSpend Report. They will blame social media for the spreading of rumours and disown responsibility of any group patronised by them. What gives the lie to such protestations of innocence are the statements made by members of the ruling party in the electronic and social media when such incidents take place. The most recent case of vigilante extralegal violence involves the assault on Swami Agnivesh, the social crusader, at Pakur in Jharkhand, a state known for its peaceable residents but now bidding for top place in Lynchistan’s Hall of Shame. Who can foretell what unfortunate consequences could have arisen from one or two more ill-directed blows at a man in his eighth decade of life? And yet, two members of the ruling party had the gall to openly comment on how the Swami had it coming to him, apart from trotting out false reasons for his visit to Jharkhand. But then, consistency in speech and action has never been the forte of the ruling party.

Nor have the ruling party spokespersons distinguished themselves in panel discussions on national television programmes. After fifty former civil servants (including yours truly) issued a public statement condemning the felicitation by a Union Minister of convicts out on bail in a lynching-murder case, his party apologist (an advocate to boot) sought to justify the act by harping on the need to honour public sentiments, however vile they might be. After the Swami Agnivesh episode, another advocate-apologist for the ruling party sought to highlight “provocation” as an extenuating circumstance. Even in the surreal atmosphere we exist in today, their arguments strain the bounds of one’s credulity. As a law graduate and a former civil servant who has decided innumerable quasi-judicial cases, I have to take recourse to the self-defence provisions in the Indian Penal Code (IPC) to rebut their fatuous contentions.

Since they are not claiming (hopefully) that the lynchers are under twelve years of age, of unsound mind or have been intoxicated against their will, the only protection from punishment for causing death or serious injury under the IPC arises where the right of self-defence is exercised against offences aimed at causing harm to body (one’s own or others) or property. Even here, Section 100 of the IPC qualifies the use of force in self-defence, restricting it to instances where death, grievous hurt, rape, kidnapping, etc. are reasonably apprehended by the one who exercises the right of self-defence. In no case of lynching reported over the past four years have any of these provisions of the IPC been satisfied. Even if there has been any violation of any other law of the land, no legal provision allows one human to cause death/injury to another, except in the very limited instances mentioned above.

Which is why the Supreme Court came down heavily on the union and state governments for their failure to curb the growing incidents of lynching, ironically on the very day Swami Agnivesh was attacked. But the problem is that, in this case, it requires three (not two) hands to clap. The Supreme Court has clapped, but there are two more hands which must join in if any sound is to be heard. Parliament has to find time, aside from its internecine wranglings, to pass legislation that effectively tackles the menace of lynching, whether by adding sections to the IPC or by enacting a separate Act. But it is the third hand that will determine if the clap is heard loud and clear. This is the thoroughgoing implementation of anti-lynching provisions by the criminal justice system in the various states of India. Notwithstanding the confidence being exuded by our Union Law Minister, only one lynch case seems to have concluded so far (in Jharkhand) but other cases like the Dadri and Alwar cases are still going on. That cases have been lodged against the victims is testimony to the perversity of state action and to its lack of will in checking murderous mobs. Given shoddy police investigations, interminable trial processes and innumerable appeals, there is every reason to apprehend that future lynchers are unlikely to be deterred, more so when they see the support they are likely to get from the state and political formations.

The saddest consequence of state apathy, if not connivance, in condoning lynching incidents is the licence it gives to any group to resort to assault and murder. The recipients of this vigilante “justice” are innocent persons, often from minority and disadvantaged groups. The mob has been brainwashed to see their victims as the dreaded “other”, fed by the poison of irresponsible media reporting and cynical political manipulation. It started with alleged beef-eaters/cow-smugglers (Dadri, Alwar, etc.), moved on to alleged child-lifters (Dhule, Bidar, etc.) and now extends to critics of the present dispensation (Pakur). That there exists a poisonous streak in Indian society is borne out by the reports of the Karwan-e-Mohabbat, spearheaded by that tireless crusader, Harsh Mander. This poison has been fanned and spread by the intemperate, deliberate use of language to deepen public insecurity. When politics ceases to be a mission (as it was for the first generation of independent India’s politicians) and becomes an amoral business, power and pelf dictate all actions and the devil take the hindmost.

Drawing on American experience of nearly a century ago, three responses are crucial if India is to stop its descent down the slippery path of private vengeance. Firstly, the moral authority of the state (which has suffered grievously in recent decades) needs to be reasserted. As a former district magistrate, I can safely assert that where the District Magistrate and Superintendent of Police (or Commissioner of Police in metropolitan areas) were determined not to let anyone take the law into their hands and where they enjoyed public respect because of their honest, impartial conduct, riots rarely happened, or, if they did, were promptly nipped in the bud. I have personally observed how the no-nonsense conduct of a Chief Minister like Vasantdada Patil in Maharashtra ensured almost no violence against the sizeable population of Sikhs in Maharashtra in the aftermath of the Indira Gandhi assassination, even while Delhi burnt. The pogroms in 1984 (Delhi), 1993 (Mumbai) and 2002 (Ahmedabad) are illustrative of what happens when the state is complicit, covertly or overtly, in the commission of violence by one section of society against another. Firm administrative actions, followed by quick convictions of the guilty, reassure the victims that justice has been done while sending a message to hate-filled groups that extralegal violence will not be tolerated.

The second effort has to focus on the expression of revulsion at such acts in a way that discourages those who encourage, silently or openly, their commission, while pontificating on their commitment to the rule of law. The mass media has an important role to play, by highlighting the violation of law by lynch mobs rather than indulging in whataboutery or “victim fault finding”. Opinion makers and, indeed, civil society has a role to play as well. Channels and publications that seek to justify or whitewash such horrendous incidents should be exposed and patronage to them should be withdrawn. Society should clearly indicate to certain of its influential members that their condonation of such illegitimate violence will lead to their exclusion from public fora and social gatherings. Election campaigns should highlight the track record of prospective candidates with regard to their encouragement of criminality in sections of society.

But the final, and most important, step lies in the change in attitudes in those who govern. The phrase यथा राजा तथा प्रजा has never had a greater resonance than today. Unless those chosen to govern model their thoughts, words and actions on the Constitution they have sworn by, they will never be able to set an example to society. Let us not forget that the Preamble to the Constitution seeks to secure justice, liberty, equality and fraternity for all citizens aimed at assuring individual dignity and the unity and integrity of the nation. At every step, those in power must measure their actions against the touchstone of the values enshrined in the Preamble. They must take their cue from the Vedas and Upanishads which stress the oneness of the universe and the priceless verse of Sant Kabir:

 

कस्तूरी कुंडल बसे, मृग ढूँढत बन माहि |

ज्यो घट घट राम है, दुनिया देखे नाही |

(The musk is in the deer, but it seeks it not within itself; it runs through the forest in its quest. Similarly, God (humanity) is everywhere but the world is not able to see this)

Ten country chickens amongst hundreds of broilers

One of my civil service colleagues coined the above phrase on our WhatsApp group site. The context was the advertisement by the Department of Personnel and Training, Government of India inviting applications for contractual appointment as Joint Secretary (JS) in the Government of India through lateral entry. Just when the Indian bureaucracy thought it was done and dusted with the debate over the service-state allocation post-entry into the civil service rather than pre-entry, the union government set off another Diwali rocket under its nether regions. Ten JS posts in coveted Ministries ranging from Revenue and Economic Affairs to Road Transport and Commerce are up for grabs.

I have long been a votary for lateral entry into the civil services. My views have been reinforced by the complacency that grips the permanent civil servant once s(he) is assured of a career path that leads to the apex scale. Nowhere is this more pronounced than in the IAS where, if you are ensconced in your state cadre, you are guaranteed an almost automatic rise to the apex scale of Chief Secretary unless death, conviction on criminal charges or lunacy parts you from that cherished goal. I am not restating my positions here, having outlined them in detail in an earlier blog (Reshaping India’s bureaucracy – a blueprint for action). But I do have certain words of caution for the union government as it steps into this minefield.

  • Never underestimate the permanent civil service: James Hacker was neither the first nor the last Minister who failed in his efforts to reform the civil service. The Humphrey Applebys in the IAS (both former and current) are aghast at the proposed lateral entry. Rest assured that all efforts will be made to stymie the initiative. In the past, even when the lateral entrant was at the level of Secretary to the Ministry, the IAS had its mechanisms to constrain him. A popular ruse was to induct a Special Secretary or Additional Secretary from the hallowed service who would, in a sense, keep a watch on the activities of the Secretary. The argument generally used was that the incumbent lateral entrant was new to administrative practices and needed support to guide him through the byzantine maze of the bureaucracy, never mind that there was a plethora of experienced JSs in the Ministry who could have done the same job, if required. Imagine the fate of a single lateral entrant in a Ministry! If her Secretary decides to allot her, say, the Administration desk in the Ministry, her specialised talents will come to naught. So, if the government is serious, it should decide, in consultation with the Minister of the concerned department, which crucial responsibility, appropriate to her skill set, will be assigned her. The Minister and, probably, the Prime Minister’s Office, may have to monitor how she is allowed to work to ensure her effective functioning.
  • Go in for more radical restructuring: This is why I advocate more radical surgery in the short to medium-term. Governments should remember that their tenure is not permanent and that their successor governments often seek to undo all their honest efforts. Given the statist mindset of the Congress and most opposition parties, I have little doubt that they will easily be swayed by the advice of the permanent bureaucracy, as their rumblings in the media already testify. If this limited move is a precursor to deep rooted change, well and good – else, the lateral entrants will be neutralised over time.
  • Insist on changes in the states: Most programmes, especially in the social sector, falter where implementation is fully or largely at the state level. Take education, health or nutrition: the southern and western states are in a different league compared to some of the states in northern and eastern India. That this is not a given is borne out by the improved statistics in some social sectors in states like Odisha and Chhattisgarh, pointing to the importance of political leadership committed to economic development. However, it is also distressing to observe that states with a very high reputation for sound administration in the past seem to be following in the footsteps of their more backward partners, especially in the area of individual (especially women) security and law and order. This is because the deteriorating administrative mechanisms in these states, coupled with countrywide weaknesses in the legal system, have led to reduced respect for the rule of law among increasingly cynical citizens. That we will continue to be governed by parties of a variety of ideological predispositions and structures is a fact of life; that all these parties, and the governments they form, need to promote strong, responsive governance mechanisms, at the state and local government levels, is equally crucial for a healthy democracy. Incentivising good governance measures, possibly through financial flows, needs serious consideration.
  • Resist the temptation of listening to party ideologues: The present union government is pilloried whenever it initiates any such measure, largely because it has been perceived as appointing persons (with particular ideological leanings), of no great public or professional standing, to head key institutions, some of whom have exposed themselves (and the government) to ridicule by the quality of their statements in public fora as well as by their performance. Granted, it may not have wanted the same set of academics and other individuals who were the favourites of the previous regime and who enjoyed positions due to the synchronisation of their worldviews with those of the then ruling dispensation. But a rigorous selection process would have seen the appointment of persons who commanded respect in the public for their erudition and scholarship and lent more credibility to the government’s decisions. I would strongly urge that an impartial, fair selection process is put in place, involving the Union Public Service Commission, so that the public (and the civil services) are assured that standards are not going to be diluted and that lateral entrants are not seen as being favourably disposed to any ideology, other than that of constitutional democracy, as enshrined in the Constitution of India.

I revert again to the title of this blog. I am told that country chickens taste better than broilers. However, ten country chicken served up amongst many broilers will occasion no culinary delight, except among the very discerning. If the chickens are jointly slaughtered, cooked and served to patrons, it would, in any case, be impossible to testify to the quality of a particular chicken. Which is why I am a supporter of thoroughgoing reforms, even if these are carried out in stages. There should be no doubt about the final objectives or of the resolve of the government to carry through its programme. The government, for its part, should look for a place in history rather than for attaining limited political goals. When our fellow Commonwealth countries like the UK, Australia and New Zealand have undertaken extensive civil service reform, there is no reason for the biggest of them all, India, to refrain from biting the bullet.

 

No Shades Of Grey for India

I am not, as you might think, advocating the banning of the erotic book and film which have titles similar to the headline of this blog. But I am getting increasingly convinced that operating in grey areas is something Indians revel in. The new millennium has offered adequate proof that Indians abhor convention and thrive on discretion. While departing from the former allows for abominable behaviour even in the temples of Indian democracy, adhering like blood-sucking leeches to the latter enables the growth of the rent-seeking economy and polity. Where laws exist, bend them to suit oneself and one’s clan (even if discreetly) and, where they are silent, may the devil take the hindmost, decencies be damned.

Let us start with the legislatures, the roots of democracy in India. Over the last decade, we have seen the top two legislative organs of the country, the Lok Sabha and the Rajya Sabha, apart from a number of state assemblies, being held hostage by elected representatives. Rushing to the well of the House, disrupting legislative business, indulging in fisticuffs and even grabbing the Speaker’s mace have been par for the course. A very far cry from the conventions in the British Houses of Parliament, where the Speaker’s word is law and where, once the Speaker has risen from her chair, all members on their feet must resume their seats. Of course, the farce commences even before the assembly commences its first sitting. Karnataka 2018 is its latest and most dramatic example. After a rather dubious decision by the Governor, the Supreme Court (SC) stepped in to order an immediate trust vote on the floor of the House. Flouting established convention, the Governor departed from the established procedure of appointing as pro tem Speaker the senior most elected member, generally from the opposition, to conduct the proceedings prior to election of the regular Speaker. This was obviously done to smoothen somewhat the winning of the trust vote by the newly sworn in Chief Minister (CM). Unfortunately, for the BJP, the SC fettered the discretion of the pro tem Speaker such that the CM had to resign within thirty-six hours of being sworn in.

But conventions have died a painful death in India over the years, assisted by constitutional functionaries. At the behest of whichever party is ruling at the centre, Governors of states have twisted the provisions of the Constitution of India, notably Article 356A, to help dismiss elected governments of a political hue different from the centre. As India steps squarely into the era of hung Parliaments/Assemblies and coalition governments, Karnataka and, before it, Goa, Manipur and many other instances represent the जिसकी लाठी उसकी भैंस (he who holds the stick controls the buffalo) mentality that dominates the Indian psyche. “Show me the Governor and I’ll show you the government” seems to be the prevailing motto. This blog does not have the space to go into the Sarkaria Commission recommendations on government formation in the states or the SC rulings in the SR Bommai and Rameshwar Prasad cases. But common sense would dictate that, after a tiring, costly election process, that government is sworn in which has the best chance of lasting the next five years. When the largest party falls well short of a majority and there are not enough independents and members of other small parties to help it cross the half-way mark, the logical course of action would be to invite post-poll coalitions of other parties, which have affirmed their joint intention of government formation, and give them a chance to prove their majority on the floor of the House. The Governor does have discretion but, as a functionary who has sworn to uphold the Constitution, (s)he is duty bound to act in a manner which does not reek of political partisanship.

Governments of all political persuasions have never been respecters of conventions. Recently, the Income Tax (IT) department raided the Badami (Karnataka) resort owned by an MLA-hopeful of the Congress during the election process. Nothing wrong in this, except the timing! Did the raids by the IT department and the subsequent attention supposedly lavished on him by the Enforcement Directorate have anything to do with his recent switch of loyalties from the BJP to the Congress? This worthy, after many twists and turns in the saga, appears to be as yet with the Congress, but who knows what the morrow brings? There were also disquieting media reports that loyalty of some MLAs was sought to be bought by promising leniency in investigation of economic offences in which they were allegedly involved. With the reputation of central investigative agencies already at an all-time low, efforts at their subornation are a cause for worry.

In the prevailing gloom over the functioning of the legislature and the executive, the performances of the Election Commission of India (ECI) and the SC give cause for cheer. In what was a bruising election, the ECI ensured the free exercise of franchise, though the role of muscle and money power in influencing voters is still a disease that requires remedy. The SC moved swiftly to check efforts to influence legislators and its eagle eye ensured that no attempts were made to monkey around with the trust vote process.

In the final analysis, however, it is the moral fibre of individuals that will determine the development of healthy practices in a democracy. We had the newly sworn in BJP CM of Karnataka announcing a farm loan waiver, transferring key police officials and seeking to augment his party’s strength in the trial of strength by nominating a legislator from the Anglo-Indian community (until restrained by the SC). We had the top legal functionary of the Central Government, the Attorney-General, foregoing his beauty sleep to appear in the predawn SC hearing and advancing ludicrous arguments that effectively encouraged horse-trading (man-trading??). We had the newly-elected MLAs apparently so vulnerable to inducements and threats that they had to be shepherded like preschool children, with no guarantee that they will not play truant in the coming months. To this date, government formation by the JD(S)-Congress combine has been bedeviled by the chase after lucrative portfolios. We had electronic media representatives treating this entire episode as a chess game and speculating on who will bring money and muscle to bear on government formation. And, finally, there is the ordinary citizen, inured to the reality that, to get ahead in life, you need to jump the red signal, help your wards cheat in examinations and part with mamool to grease your way through government. Where is the sense of shame and probity in all these individuals, and countless others? One senses no sadness or weariness in witnessing the repeated drama, just another Roman circus for the masses.

At least for the near future, we seem to be in a situation where it may be necessary to codify important conventions to get over the Indian aversion to following commonly accepted norms. There is already a code of conduct for elections. Similar codes need to be evolved for, among other things, procedures of government formation at the centre and in the states, conduct of legislative business, appointment of governors, powers of investigative agencies once elections have been announced and conduct of private activities of legislators that conflict with their public roles. These codes need to be implemented rigorously with salutary penalties for their infringement which could range from public shaming to loss of office.

However, nothing will really change until the educated thinking classes assume the responsibility for setting our derailed democracy back on the rails. Let us not forget that a diverse group of thinking Indians, seventy years ago, drafted one of the most glorious modern-day Constitutions. Keeping it alive, and enriching it further, is, alas, a task our present generation has failed in miserably. Karnataka is the latest manifestation of the terminal disease afflicting our democracy, which needs skilful doctors, not butchers. We ignore this at our own peril.

 

A sense of déjà vu

Plus ça change, plus c’est la même chose: The more things change, the more they stay the same.” I am rather fond of using this phrase, but only because the same patterns keep recurring like bad dreams in one’s life. The Karnataka state assembly elections have come and gone and we are back again to Ground Zero. The electorate has once more, in its wisdom, chosen not to anoint any one party as the clear victor, leaving the space open for fun and games. The ball is now in the court of the Governor of Karnataka to decide whom to invite to form the government. Sauce for the BJP goose is not going to be sauce for the Congress gander. No party is likely to emerge pristine white from this exercise over the next couple of weeks. The Congress missed the bus in Goa and Manipur in 2017, despite being the party which won the largest number of seats. It was not even invited by the respective Governors to form the government. Instead, the BJP was allowed to cobble together a motley assortment of partners and stake its claim to form the governments in these two states. At that time, the Congress went blue in the face screaming about the shenanigans in government formation and how its claims were ignored. Today, the same Congress is ready to go in for a shotgun marriage with the Janata Dal (Secular) (JD(S)) to hang on at least indirectly to power, even if it means ceding the king’s throne to its junior partner. Not that the BJP is any better. The same party which went hell for leather to seduce its partners last year is now sanctimoniously quoting the constitutional scriptures of the Governor being duty bound to invite the party which has won the largest number of seats.

As if this were not enough, we are left wondering how the numbers game will play out. Given the role that Governors have played in recent years, we need not be overly surprised if the Governor does indeed invite the largest party, the BJP, to have the first go at government formation. With 104 seats in the legislature, the BJP will need seven more legislators to support it when it has to prove its majority in the house in the near future. Partial support can come from three legislators, one of whom is an independent and two from smaller parties. But to win the trust vote, the BJP will still need to ensure that its 107 supporting legislators constitute 50 percent of the number of legislators present and voting. Presuming that the opposition parties issue a whip on the vote, the only way the BJP could win the trust vote would be for five or more opposition legislators to either absent themselves altogether or abstain from the voting process. To prevent such moral (and not so moral) suasion from occurring, the only way out for the Congress-JD(S) would be to sequester their flock at an appropriate location and produce them fresh and ready at the time of the trust vote.

Let us presume for a moment that the BJP loses the trust vote or that, wonder of wonders, the Governor actually invites the Congress-JD(S) to form the government and prove its majority. Even then, the Congress-JD(S) have to ensure that some of their legislators do not jump ship by resigning from legislatorship and introducing uncertainty regarding the future of their government. The memories of “Operation Kamala 2008” must still be touching a raw nerve in these two parties.

So, the resort to resorts will continue. As an old Maharashtra hand, I still remember vividly the coup attempted in 2002 by the BJP-Shiv Sena against the Congress-NCP Vilasrao Deshmukh government in Maharashtra. The Congress legislators (and some independents) had to be spirited away from Maharashtra to a resort on the outskirts of Bengaluru. That Bengaluru continues to be the favourite last resort of the Congress was proved yet again in 2017, when 44 Congress legislators from Gujarat had to be housed here prior to Rajya Sabha elections to prevent them succumbing to the insidious charms of the BJP. History is now set to repeat itself yet again: do you wonder now why I find this exercise repetitive and not a little nauseating?

Actually, the entire Karnataka election process followed the time-honoured pattern. All parties fell over each other nominating candidates with dubious track records, many having criminal cases pending against them. No candidate from the three major political parties campaigned on the specific plank of addressing issues germane to the electorate, whether these related to agriculture, law and order, food security or health care. In any case, the healthy yesteryear habit of house to house campaigning has long been abandoned; in the current elections, probably only the AAP and Swaraj India candidates adopted this approach. Cash, liquor and other freebies are rumoured to have been freely distributed to win votes.

I am not one of those who subscribe to the view that state funding of elections is going to cleanse the Augean stables of electoral corruption. With governance processes still hugely dependent on discretion, and distribution of scarce resources — land, housing, licences, contracts, etc. — centrally controlled by the politico-bureaucratic nexus, elections to political bodies, whether at central, state or local levels, represent the pathway to self-aggrandisement and enriching one’s clan. Making local area funds available to elected representatives has only enabled distribution of patronage to a larger group of cronies. Even moving to a system of proportional representation will not solve this problem: the same worthies will find place in the lists of all political parties.

A change for the better will be possible only when:

  • Elected representatives at the central and state levels confine themselves to enacting legislation and lobbying for public/private projects in their constituencies rather than having any direct role in disbursing patronage in the form of funds or other scarce resources;
  • The 73rd and 74th amendments to the Constitution are implemented in letter and spirit and financial and administrative powers are genuinely devolved to rural and urban local bodies;
  • Patronage at ministerial level, especially in the state secretariats, ceases;
  • Strong anti-corruption ombudsman structures at the centre and in the states, with powers of investigation and prosecution, are created;
  • Corruption cases are fast-tracked and completed within two years of institution so that the fear of early retribution exists, especially in the political class;
  • Inner-party democracy is made mandatory through legislation, so that political parties cease to be the fiefdom of individuals and families.

I am not sanguine about good sense prevailing on our political representatives to implement the above reforms. Till such time as these come about, we will continue to be “entertained” by political drama. To paraphrase Marie Antoinette “If they don’t have jobs, let them have circuses.” O Tempora! O Mores!

Delhi-rium on the Delhi-gation of Powers

Since my recent Facebook post (shared also on the IAS Association page) has stirred a hornet’s nest, with retired and serving civil servants as well as concerned citizens voicing their opinions, I am constrained to bring out this blog on the AAP vs. AP episode (for the uninitiated, AAP refers to the Aam Aadmi Party, currently governing Delhi and AP refers to Anshu Prakash, a member of my erstwhile service and currently at the centre of a tornado for which he is in no way responsible). The facts have been aired ad nauseam on print, electronic and social media, but they bear repetition because so many of the principal actors have given their own versions or sidestepped the fundamental issue altogether.

A Chief Secretary (CS), the highest civilian functionary on the bureaucratic side of the state government, attends a meeting called by the Chief Minister (CM) at midnight. The subject of the meeting is shrouded in doubt — while the CS has mentioned in his police complaint that the discussion was regarding the release of TV advertisements on the completion of three years in office of the AAP government, the AAP has, through a written statement and through the mouth of its Deputy CM, claimed that the meeting was about the non-release of food rations because of faulty implementation of the Aadhaar scheme. Aspersions are being cast on the contention of the CS that he was assaulted by two persons in the presence of the CM and Deputy CM. Even the written complaint of the CS to the police, the record of his medical examination the next morning and the statement before a magistrate by the CM’s Adviser are being discounted, though these are now the subject of police investigations.

In my Facebook post, I had raised certain fundamental questions, none of which have been answered to this day. Calling the CS alone for a meeting, which took place at midnight, without summoning the concerned departmental secretaries, with some (apparently) MLAs present, on a subject that did not require overnight resolution, is itself enough to raise eyebrows. The studied silence of the head of the government on a complaint of assault (in his presence) of his senior most civil servant, is even more perplexing. But what takes the cake is the blasé attempt to pretend nothing ever happened, even after all the documentary evidence that is now in the public domain. And now, we have an article in a leading national daily by a leading AAP spokesperson (Ashish Khetan: Indian Express, 24 February 2018) which is a litany of complaints about the asymmetric division of powers between the Governments of India and Delhi.

The Government of National Capital Territory of Delhi Act of India, 1991 (NCT Act) has inter alia laid down the procedure for elections to the Legislative Assembly and specified the duties and responsibilities of the Lieutenant Governor and Ministers (including the Chief Minister). It is clear that there is an ocean of difference between the provisions governing the functioning of the Delhi government and those relating to any other state government in India. Public order, police, land and services are subjects not under the control of the Delhi Government. This has been the ground-level position ever since elected governments came to power in Delhi since 1993. But even when the parties in power in the Delhi government and at the national level were of different political persuasions, business was conducted smoothly between the two governments and little friction was evident. The situation changed after the 2015 Delhi Assembly elections, when the BJP was steamrollered by the AAP, which came to power with a staggering majority.

It is obvious to anyone that there is no love lost between these two parties. But, unfortunately, the mutual acrimony has poisoned the very functioning of democratic governance in Delhi. “Give and take” has been replaced by “thrust and parry”, with the odds heavily loaded in favour of the central government. Gone are the days when a Congress CM could informally obtain her choice as CS from even the NDA government. The collateral fallout has been the grinding of the bureaucracy between the BJP and AAP wheels. But what has been most unfortunate has been the conviction in the AAP that civil servants deputed to the Delhi government are Greeks in Trojan Horses fulfilling the agenda of the central government and are hell-bent on sabotaging the honest efforts of the state government to improve the lot of its people (and thereby improve future re-election prospects). This has led to the current impasse, where the fourth CS seems to be on his way out within a span of three years.

Civil servants are bound to serve the government of the day, whatever its political hue. During my service days in Maharashtra, we moved seamlessly between BJP-Shiv Sena and Congress-NCP governments, with not even a ripple in the bureaucracy as the reins of power were handed over from one to the other. Colleagues from other states with more combative political formations were surprised that the Maharashtra CS and senior officers were not disturbed even after the transfer of power. At the end of the day, since the permanent bureaucracy (whether All-India or state services) are recruited through open competition, the only scope for politicians lies in juggling officers around.

What did occasion surprise was the volatile reaction across wide sections of the Delhi civil services to the incident involving the Delhi CS. It seems to indicate a simmering resentment about the way the bureaucracy has been perceived (and treated) by the political executive over the past three years. Anti-corruption pogroms reminiscent of the French Reign of Terror are great for popular consumption, but, when not accompanied by systemic reforms, occasion insecurity in the civil service. This angry response from the Delhi bureaucracy should serve as a warning signal to the AAP leadership. You may have an astounding mandate from the people and be riding the wave of public popularity, but governance ultimately has to be through the permanent bureaucracy. Appointment of any number of party commissars and Parliamentary Secretaries can never substitute for the cutting edge that services the aam aurat/aadmi. Debasing the value of the civil service and treating them with contempt will lower the motivation and morale of even the honest, sincere workers (of whom there are many) and lead to a fall in the quality of public service delivery.

Of course, there are issues that need to taken up with the central government and the judiciary, when the state government feels its legitimate powers are being whittled down or that not enough powers have been vested in the state government to enable it to carry out its duties and responsibilities. There are democratic avenues for resolving such matters, including, finally, the court of the people, which assembles once every five years to give its verdict. Good work will be recognised and (hopefully) rewarded at the appropriate time. But frustration with legal shackles should not be vented on the bureaucratic whipping boy (and, increasingly, girl). As AAP seeks to widen its all-India reach, it would be salutary to remember that Delhi is not Bharat and that solutions have always to be sought within the constitutional framework.