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Reforming the system Profile |
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Make human rights a
movement Water resources have
to be managed better On Record
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Reforming the system The
Haryana government’s decision to set up the first Administrative Reforms Commission in the state headed by Mr Karan Singh Dalal is welcome. It will study the ailments plaguing the administrative machinery of the state. This initiative will hopefully diagnose the bureaucratic pathologies resulting in confrontation between the citizens and the officials who deliver the services in a perfunctory manner. The officials, sometimes, are hold hostage for non-performance and irresponsiveness. Hence, it becomes imperative to enumerate the challenges to be addressed by the new commission for translating the principles of good governance into practice. The government’s track record of the service delivery mechanism in the fields of education, health, development, law and order, justice and public utilities is beset with corruption, pilferage and politicisation. The common man perceives the public servants as those who, in collusion with politicians, ruling elites and feudal lords, siphon off the funds and benefits. The vulnerable sections of society feel frustrated, victimised and cheated. Thus, the commission’s utmost concern is to restore the credibility of the public services. For the last two and a half years, there has been a sustained campaign against corruption. The entire structure of anti-corruption machinery of the state needs overhaul for checking corruption at the cutting edge. The time between the occurrence of misconduct and holding enquiries, investigations up to conviction should be completed within a specific timeframe. Moreover, protecting honest civil servants and whistle blowers is a must. The Lokayukta should be insulated from the vagaries of political expediency. The knowledge, the skills and the tools of investigation need upgradation. The constitutional protection under Article 311 should be subordinate to the overall requirement of public interest and contractual right of the state. It is no case that a corrupt civil servant’s rights are more important than the need to ensure an honest, efficient and corruption-free administration. Ultimately, the public servant, an agent of the state, cannot be superior to the state and it is his fundamental duty to serve the state with integrity, devotion, honesty, impartiality, objectivity, transparency and accountability. The commission should ponder over the insidious effects of corruption and maladministration. A daunting challenge before the state government, often overlooked by analysts, is the employees’ bickering over day-to-day affairs leading to cleavages and groups not on the basis of ideology and policy prescriptions but on caste, religion, region and political affiliations. This emerging disquieting trend, sometimes, poses big challenge before the Head of the Department to maintain discipline, command and control. These groups considerably influence the system of rewards and punishment which in the long run corrodes the efficiency, fairness, promptness and objectivity of the service delivery mechanism. Thus, the commission should evaluate the performance appraisal system as administrative productivity is not hinged on the bloated structure of governance, but commitment, character and ideology to infuse the institutions of governance with vigour. Closely related to it is political interference in the day-to-day administration which saps the public servants’ morale. This has also led to a direct confrontation between the personnel enjoying the patronage of the ruling politicians for perversity and irresponsiveness and dedicated officials who strive to steer the ship of governance with efficiency, equity, fair play and justice. Unfortunately, the first category rules the roost, leaving the agenda of governance reforms unaddressed and unimplemented. It is the crux of government crisis and the commission should explore concrete steps to overcome this malaise. In the wake of recent caste clashes in Dulina, Gohana and Karnal and organised local criminal gangs in Gurgaon, Faridabad and Sonepat, the police administration needs to be streamlined. Apart from setting up of state security commission, police establishment boards and police complaints authority, the criminal investigation branch should be separated from the general law and order branch of the police. The criminal justice system should be restructured to inspire public confidence by serving all communities with consistently high standard of service for the victims and witnesses. The “justice gap” between the number of crimes committed, recorded and convicted should be bridged. The overburdened beat constables, obsolete police stations, recruitment based on spoil system, promotions on extraneous considerations, justice for women, children and disadvantaged sections and conflict resolution management should figure in the police reforms agenda. The efforts to switch over to RTI-induced transparent regime have not been commensurate with the results achieved because the mindset of the public authorities is clouded by suspicion and secrecy. We need to nurture a culture of openness facilitating systematic classification, standardisation and categorisation of the records and information. The district administration should be restructured to make it vibrant and responsive. The Deputy Commissioner’s office should be reinvigorated to implement developmental activities with peoples’ active participation, streamline the public grievance machinery and improve capacity building for better performance of local bodies, e-governance and citizen-centric administration. There is need for better understanding between the Superintendent of Police and Deputy Commissioner. The state disaster management organisation should be well equipped with innovative tools and techniques to cope with industrial disasters, epidemics, soil degradation, water logging, desertification, droughts and floods. The officials’ lackadaisical response to recent happenings in Panipat, Sirsa and Dabwali point to lack of quick response, preparedness, early warning, rescue, relief and rehabilitation measures. For this purpose, the Commission should evolve a cohesive integrated strategy under the leadership of nodal officers. The Haryana Public Service Commission, Staff Selection Commission and Departmental Selection Committee have not been recommending the candidates’ names to certain appointments on the basis of merit. Extraneous considerations come into play. The Haryana ARC should explore ways and means to revive the credibility of these selection bodies to attract the best talent. The commission should thoroughly examine the implications of right-sized bureaucracy, subjective posting, transfer and promotion, procrastination, avoidable litigation, traffic management, agricultural productivity, farmers’ indebtedness, depleting resources and sex selective abortions. The poor financial position of municipal corporation, 24 municipal councils and 43 municipal committees is adversely affecting the effectiveness of water supply, sanitation, urban development, sewerage, electricity and garbage collection in towns and cities. The commission should ponder over the viability and repercussions of Public-Private Partnership (PPP) paradigm for urban services. The panchayati raj bodies do not face financial crunch like the municipal bodies but they need capacity building, advocacy, training, leadership and strong networking with the civil society to improve the socio-economic status of the rural people. The commission per se cannot radically change the mindset of the personnel. They are at the crossroads facing diametrically opposite forces exposed by politics, pressures and self-aggrandisement. This cultural clash of civil service values provide challenges and opportunity for them to work with commitment, conviction and care of the citizens for whom they are paid and enjoy privileges. n The writer is Chairman, Department of Public Administration and Dean, Social Sciences, Ch. Devi Lal University, Sirsa
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Profile Muralidharan owes everything in politics to his father including his present post. Four-time Kerala Chief Minister, Karunakaran had rebelled against the leadership of the Congress in 2005 to form the Democratic Indira Congress. Last year, he merged his party with the NCP and made Muralidharan its president. Having seen no prospects of the NCP in Kerala, Karunakaran has decided to rejoin his parent organisation. Sonia Gandhi has welcomed his return, but the son has publicly opposed his father’s “home coming”. He expelled Karuna-karan’s loyalists from the NCP so much so that the supporters of both father and son clashed. Politics, after all, is a thankless business. Muralidharan might have rebelled against his father but Karunakaran’s daughter, Padmaja Venugopal, a former Kerala Tourism Development Corporation Chairperson, will follow her father.
Karunakaran’s great weakness for his progeny was seen on the eve of the 2004 general elections. He ensured not only a ticket to Padmaja but a seat for himself in the Rajya Sabha and a berth in the Kerala Cabinet, then headed by A.K.Antony, to Muralidharan. Now let down by his son, the veteran politician stands humbled. Known as a master-tactician, who would tire out his opponent and then have his way, Karunakaran now feels tired; stands at the doors of Sonia Gandhi with folded hands.
Mark his words: “A close analysis of the Indian political scene would reveal that only the Congress can carry all sections along. The
Congress and India are not different. If Congress weakens, India will become weak too. I have no difficulty in admitting my mistake in
criticising the Congress”. Over half-a-century of Karunakaran’s political career demonstrates that he has always thrived on controversies and once a challenge is thrown to him, he enjoys the fight. Also he is the only Congress leader in Kerala with a solid base, commands allegiance of party workers and wields influence in 23 constituencies. That is, perhaps, the reason why the Congress has welcomed his return to the party. Though age has starting telling on Karunakaran, he is still fit, walks
fast, swims and loves to drive fast. He is a highly religious man and drives on the first of every Malayali month to the famed Guruvayur temple to be at the feet of Guruvayurappan (Lord Krishna). He firmly believes that Guruvayurappan comes to his rescue whenever he faces a grim situation. Karunakaran’s penchant for fast driving had once almost cost him his life. His preference always had been a Mercedez Benz and a few years back the Benz could have taken his life. It was dawn; the road was empty; and the Benz, at breakneck speed, raced towards Thiruvanthapuram. It skidded, rolled over and turned over thrice. The VIP passenger on the back seat lay crumpled when he was pulled out. So badly the Kerala leader was hurt that he had to be taken to the United States for treatment. He was in a bad shape when he returned and nobody thought that he would be the same Karunakaran again. But the old man, subsequently, showed astonishing recovery and he depended on Ayurvedic medicines and regained health. Two tragic events had shaken the generally cool and composed Karunakaran — Indira Gandhi’s assassination in 1984 and the death of his wife Kalyanikkuty in 1993. Karunakaran exploded the myth that no dispensation in the state can survive without the support of leftists and thereby began an experiment in coalition governments. He headed a coalition in 1977 and completed full term from 1982 to 1987.
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— West Bengal
Governor, Gopalkrishna Gandhi — West Bengal Chief Minister Buddhadeb Bhattacharya Words come to me naturally. I enjoy talking. It’s God’s gift. — Gujarat Chief Minister,
Narendra Modi My media friends have been writing against me only because I belong to a backward caste. But I will not allow this to affect me. I will do what I will have to. — Union Health Minister,
Anbumani Ramadoss The two mainstream parties should view each other only as political rivals as political space for mainstream parties is shrinking and regional parties are gaining clout. — BJP President L.K. Advani A 90-year-old’s last wish to return to the Congress, his original party, should be respected. But why did he leave that party when he was 87? —
K. Muralidharan, son of Mr Karunakaran and Kerala’s Nationalist Congress Party chief If Iran acquires nuclear weapons, some Arab countries may follow suit and who knows what western city or Indian cities such as Delhi or Mumbai could be a target. — Former US Ambassador to India Robert Blackwill I can’t think of any alternative. I only want to return to Kolkata. Let the Centre take a decision so that I can live in Kolkata. I don’t want to be harassed any more. — Taslima Nasreen I do not see why a writer should become a problem of law and order. — French writer Dominique Lapierre — Muttiah Muralitharan I’m not scared of any batsman. What’s the worst that can happen — six sixes? Well, I’m not worried. — S. Shreeshanth — Soha Ali Khan, actor
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Make human rights a movement The
Punjab and Haryana High Court recently took serious note of the Haryana government’s failure to set up the state human rights commission. The government told the court that as it had adequate mechanism to deal with complaints and grievances relating to human rights violations, there was no need for a separate commission. The court did not agree. Unfortunately, even after 14 years of the enactment of the Protection of Human Rights Act (PHRA), only 17 states have constituted State Human Rights Commissions (SHRCs) so far. In 1993, Parliament passed the PHRA in tune with the Vienna Conference on Declaration of Human Rights which called upon every signatory state to constitute a machinery or institution for the protection and promotion of human rights. Apart from the National Human Rights Commission (NHRC), the Act provides for SHRCs and human rights courts. However, though NHRC is mandatory at the Centre under section 3 of the Act, it is not so in the case of the states. The use of the word “may” in Section 21 of the Act makes the constitution of SHRC advisory and not mandatory for the state. So, why not substitute “may” with “shall” in the Act? Whether the higher courts can direct the states to constitute SHRCs by way of writ of mandamus is a question of fact rather than law. The Allahabad High Court, in PUCL, Allahabad vs State of UP (AIR 2000 All 103), held that though the state government’s decision not to set up SHRC is justiciable, it was only due to a volte-face committed by the state. UP first issued a notification for SHRC pursuant to the High Court fiat and rescinded it later. The High Court took serious view of this and directed the constitution of SHRC. It would be interesting to watch what stand will the Punjab and Haryana High Court take in respect of the Haryana government’s stand on the issue. Parliament amended the PHRA in 2006 on the NHRC’s recommendation. Though the amended Act inserted, among others, a new sub-section 13(6) providing transferring a complaint filed or pending before the NHRC, if it so decides, to the SHRC for disposal, its results would be evident only if every state constitutes such a body, for which no provision has been made. As a new provision has been added providing that two or more state governments may, if the chairperson or member of a state commission agree in this regard, appoint them simultaneously in the same capacity in another state commission, it can make way for setting up of the SHRC in smaller north-eastern states, as six of the seven such states are without an SHRC barring Manipur. These states ought to avail themselves of the relaxation in this regard. The Centre should try to set up human rights committees in Union Territories. The amendments to the Act left many questions unanswered. The SHRC has now been made a three- instead of five-member body. The SHRC ought to be the NHRC’s state counterpart in composition, powers and functions. The National Commission to Review the Working of Constitution had favoured the setting up of these courts with even powers to issue directions relating to habeas corpus petitions. A human rights code is also overdue. There should be no bar against the NHRC or SHRC in conducting its own inquiry in a matter simultaneously with a duly appointed commission of inquiry by the government if the matter relates to human rights violation. The one-year time limit for commissions to hold inquiry merits review. The Supreme Court, in Paramjit Kaur vs Punjab (AIR 1999 SC 340), held that the NHRC is a unique expert body in itself which is also a body sui generis (one with a free hand in its working not bound by limitations). The same also holds true in the SHRC’s case. The establishment of SHRCs in every state would be a revolutionary and remarkable step in our multi-cultural and multi-linguistic society. Strong and independent SHRCs will promote and protect human rights better. In its annual report, the NHRC held that the SHRCs will make the redressal of grievances swift and inexpensive. The SHRCs would also lessen the workload of the NHRC. The latter ought to frame guidelines and monitor the working of the former. The SHRCs also deserve functional and financial autonomy in their day-to-day working so that they may not appear as adjuncts of the state Home department. At the NHRC’s annual meeting in November, the chairpersons of some SHRCs complained of lack of infrastructure and other resources. They can be the state’s effective partners in good governance. The government should have full faith in the impartial and independent working of the SHRCs. The judiciary ought to give due consideration to their findings in matters of human rights violations. All state organs should supplement and complement the working of SHRCs to achieve the goals of human rights in letter and spirit. Poverty denies basic human rights to millions of poor people. The SHRCs should set up district human rights aid committees on the lines of the District Legal Service Authorities. These can provide legal assistance, guidance and other resources to the poor and needy victims of human rights violations who otherwise are unable to approach the authorities for redressal of their complaints. Human rights are sacrosant and whoever violates them should not go scot free. The human rights movement needs to become a people’s movement for its total success.
The writer is an Ambala-based Advocate of the Punjab and Haryana High Court
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Water resources have to be managed better We
are facing a turbulent water future. The current water development and its management practices are not sustainable. Unless some drastic measures are taken, we will not be left with either the cash to build new infrastructure or funds for maintenance of the infrastructure. India needs a huge water infrastructure as many regions cry for water for irrigation and drinking purposes. While industrialised countries have harnessed over 80 per cent of their economically viable hydel power, we in India, have not yet crossed the 20 per cent limit. We need to build more hydel power stations to save the water from going waste. The challenges in water resource development and management are basically environmental, technical and social. We need to tackle the problems of the total command area of a canal or river basin system. India’s development of water infrastructure has not been accompanied by improvement of water resource systems, surface and sub-surface. The global experience shows that the return on investments in the water infrastructure follows a well-accepted pattern. Most of our infrastructural projects are crumbling and the state machinery seems unable to improve the public irrigation services in particular. The user charges are either not recovered, and if done are at negligible level, resulting in the lack of accountability and insufficient generation of revenue even for the operation and maintenance of works. The political gimmick of subsidies overrules the pragmatic economic approach to reasonable water pricing. The gap between tariff and value of irrigation services has resulted in endemic corruption. The staff strength is nearly 10 times of the international norm and public funds are spent on just footing the wage bill of the staff with hardly any reserves for maintaining the infrastructure or providing services. There is an enormous backlog of deferred maintenance. Public financing is not available for vital tasks of providing new irrigation infrastructure to meet the needs of the growing population. Consequently, there is a major financial resource gap. The financial needs of the water sector are growing and to meet the costs of rehabilitation of existing infrastructure, special funds are indeed. The problem is becoming more complex on account of providing subsidies like free electricity for running irrigation tube wells. The budgetary allocation to the water resource sector is falling and so is the revenue collected. The growing financial gap can only be met by a combination of methods specially designed for the purpose. Till 1850, the people managed with local harvesting measures and from rain-fed agriculture. During 1850-1970, massive state irrigation works came up with decline in the traditional water management mode by citizens. During 1970-2005, we witnessed a decline of public funding, followed by investment in the tube well sector. The decline in the quality public irrigation systems would normally have resulted in social unrest, but simple and reliable technology of tube well saved the situation. With large areas having substantial and easy accessibility to aquifers, the people could become self-reliant by using tube wells for irrigating their crops any time. Over 150,000 tube wells in Punjab run on electricity. The experiment with tube wells proved to be short-sighted and ground water levels began to decline as the withdrawal from groundwater reserves were far greater than the reliable annual recharge. The political leadership’s failure to check the proliferation of tube wells has exacerbated the problem. The National Commission on Water (1999) found that our overall water balances were precarious and a large number of water basins are facing crisis. The Centre framed a Model Groundwater Regulation Bill and sent the same to the states for adoption because water is a state subject. But it has been “tossed around” for over 35 years. Even Punjab, whose 104 out of 134 blocks have been declared black with their uitilisation far exceeding the annual recharge, has not bothered to enact the Bill for controlling and regulating the groundwater withdrawals. Successive governments are reluctant to absorb the transaction costs, including the political costs of seriously implementing the Bill after its adoption. The result: our farmers have become so dependent on the free electricity subsidy that any rollback of the same will adversely affect them. The task has to be addressed on multiple fronts, includeing an appropriate pricing of low-opportunity cost of electricity used by the farmers, improving the quality of electricity supplied to the farm sector or the tube wells and some subsidies on farm equipment and high efficiency modes like drip and sprinkler irrigation. We need to have greater reliance on canal and surface water and bringing down the abstraction of groundwater to match with the annual recharge of the aquifers. These are not simple solutions. The government may have to constitute an aquifer users’ association which would require transparent information and design support. The new approach would be communitarian. To meet greater demand for canal water, we will have to redesign the dilapidated canal system which would require large investment. Command area development and water management measures are needed in the area below the canal outlet which had been outside the domain of the state irrigation departments. The modern system should control water demand and supply and keep a watch on the salt balance of the soil. Remote sensing and modern crop irrigation methods are needed for optimal management of resources. The writer is a former Chief Engineer (Research) and Director, Irrigation and Power, Punjab
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On Record Winnie Byanyima is Director, Gender Team, Bureau for Development Policy, UNDP. Although Winnie from Uganda holds degrees in engineering, she opted for politics and activism. A three-term MP, she is a leading champion of women’s rights in Africa. She founded the Forum for Women in Democracy. In 1995, she was honoured by the World Economic Forum as a “Global Leader of Tomorrow”. She was in Delhi for the launch of the UN’s campaign on violence against women. Emphasising that violence against women is a global problem, she tells The Sunday Tribune that one way of tackling it is to link economic growth with poverty reduction which enables women to access assets and become producers of wealth. Excerpts: Q: You have an engineering degree. What prompted you to go into politics and take up the cause of women’s rights? A:
I grew up in a turbulent country and was always conscious of the abuses heaped upon the citizens, especially women, by the Idi Amin-led administration in Uganda. Even as a little girl, I encountered a strong sense of insecurity. Parents and teachers would watch helplessly as soldiers would walk into school and take away young girls. It was, therefore, natural for me to get involved in human rights movements when I grew older. Q: Is violence against women particularly acute in Asia or is it a worldwide phenomenon? A: This is a global problem, cutting through regions, races and cultures though it takes different forms in different parts of the world. For instance, sex selection abortions, female infanticide and a strong son-preference are to be encountered in certain parts of Asia like India and China. Then, there is trafficking of women which is a global problem and is prevalent in Africa, East Europe and large parts of Asia. Then, there is domestic violence. India is a huge country and faces specific challenges with regard to gender-based violence. One way of tackling it is to link economic growth with poverty reduction which enables women to access assets and become producers of wealth. Q: The problem of gender-based violence shows no signs of decreasing. Why? A:
It is sad that gender-based violence has not shown any signs of decreasing over the last so many years. Countries across the world have enacted several laws for the protection of women while UN bodies have adoped a number of resolutions and also laid down a number of norms but there is little evidence of any reduction in violence against women. Q: What are the lacunae in the present polices and how does one plug them? A:
There has been a lot of research by civil society to understand why this problem is not going away. But the UN agencies like the UNDP, UNFPA and UNIFEM have realised that there is no integrated approach to this problem and that’s what we are trying to address now. So far, the focus has been on laws for provision of shelter and relief to the victims. But we don't see a comprehensive approach on the prevention side. We are now looking at different sectors. We are examining labour policies to see how violence can be prevented at work. We are also looking at the health sector to find out how it handles gender-based violence. We are also scrutinising the education sector since it is responsible for the socialisation of young boys and girls. True, a lot of work has been done in the area of legislation but most laws have dealt with providing punishment to the perpetrators of violence. We should now look beyond this and focus on restorative justice, i.e. on the needs of the women. We also need to realise that women live in tightly-knit communities. These bonds are also very strong and women are fearful of severing these relations. On the other hand, we need to examine property laws as research has shown a strong link beween access to assets and reduced violence. Q: Why not include men in the campaign so that they treat women as equals? A:
Absolutely...for men, violence is a tool to reinforce an unequal relationship. Engaging men and boys is an important component of our programme. If they are part of the problem, they are also part of the solution. And this is the biggest challenge of our programme. Research has shown that boys are trapped in an identity crisis as several social and cultural institutions sanction the perpetration of violence against women. Educaneeds a close look. We have found that girls are getting empowered through education but what kind of education is being given to boys.
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The Governor can see the track ahead and render timely warnings, encouragement and sometimes, blow the whistle.
Our Governor (Mr Gandhi) is a nice man. I have good relations with him. We not only discuss politics but also literature. We exchange books also.
Every wicket is very good for me. I just love taking wickets and I enjoy each one of those 710 wickets. If Anil Kumble plays for a longer time, he can get the record.
Tailpiece: Shedding clothes is the easiest thing in the world. But Meena Kumari and Madhubala could kill men by simply raising an
eyebrow.