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A Tribune Special
Enforcing the Right to Education Act in rural areas |
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Insurance monitor toothless
On Record
Profile
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A Tribune Special
This outrage took place in Varanasi on December 7, the day after the anniversary of the Babri Masjid destruction and made clear the intention of the terrorists to carry out similar strikes in other parts of India. The Indian Mujahideen (IM) — a proxy of the Lashkar-e-Toiba — has claimed responsibility for launching the attack and threatened to repeat such strikes in future in other parts of the country. Intelligence reports point out that the Indian Mujahideens have now been able to spread their tentacles in other parts of the country and set up sleeper cells which can be re-activated at their bidding and seeking. It is true that some of the terror strikes planned by the Lashkar-e-Toiba and their Indian offshoots have been foiled by the security agencies. Unfortunately, the fact remains that our intelligence about the members, their modus operandi and the flow of funds of these organisations remains poor and hazy. Collection of intelligence about the terrorists’ outfits is an extremely difficult and challenging job and requires meticulous planning and long-term preparations. Modern terrorists operate through small centrifugal groups and hence penetration into one may not throw light on the activities of other groups. Different modus operandi of the terrorist groups, random nature of attacks, and absence of discernible standard operating procedures (SOPs) make it difficult to obtain reliable advance warning about terrorist attacks. There are few early warning indicators. The situation has become grim because Jihadi terrorism has now been Indianised. The collusion of some of the local Muslims with the Jihadis enlarges the scope and magnitude of Jihad threats within country. Many Jihadi cells crouching for the spring remain undetected. Pakistan remains the fountainhead of Jihadi terrorism and a clear policy of dealing with terrorists, present and trained in Pakistan, has to be worked out. It has to be kept in mind that state-sponsored terrorists do not depend upon the local population for support and need not concern themselves with the risk of provoking a public backlash. The state-sponsored terrorists and their patrons can, as demonstrated by the Mumbai carnage of 29/11, engage in acts of violence which can be far more devastating and bloodier than those carried out by groups acting on their own behalf. It is now clear that Pakistan, particularly, its Army, is not going to give up its policy of abetting cross-border terrorism. The WikiLeaks expose of senior American officials in Pakistan show that the United States has little leverage over its wartime ally and cannot do much to prevent Pakistan to jettison its anti-India policy and postures. Consequently, India has to pull out all the stops to prevent terrorist attacks and also to fashion retaliatory measures whenever necessary. After 29/11 under a dynamic Home Minister, Mr P. Chidambaram, a slew of measures have been taken by the Government of India to strenghthen and activise the Central Police and paramilitary agencies and ensure better coordination between the Centre and the states to combat terrorism. Hence, the blame game which has started after the Varanasi incident is unfortunate. A united coordinated endeavour to combat the terrorist menace is the need of the hour. Some long overdue measures have to be taken immediately. First, the state police forces will have to be galvanised. Unfortunately, they have become completely politicised and are incapable of acting freely and independently due to constant extraneous pressures and considerations. But in these testing times the police force should be allowed to function without interference and police leaders should be given a free hand and operational independence. After the Mumbai carnage, the Prime Minister, in his address to the nation, said that structural reforms in the police will have to be brought about on a priority basis. Unfortunately, the state governments are very tardy in implementing the directives of the Supreme Court in Prakash Singh’s case for police reforms. They are trying to scuttle or dilute them by various strategems. The Supreme Court has rightly pulled up some of the errant states for not complying with its directives. Sadly, the political will to implement police reforms is missing. However, depoliticisation of the police brooks no delay. Secondly, training, empowering and motivating officers at the cutting edge level is a must. The fight against terrorism is generally a foot soldiers’ battle and not of the generals. It is sad that not much has been done to improve the skill, knowledge and operational capabilities of police officers of different states on the ground. Time is running out. Thirdly, stringent laws are necessary to combat the hydra-headed monster of terrorism. Stiff anti-terrorist laws are required that provide for greater period of police remand, more time for filing of chargesheets, make bail provision far more stringent and confession before a police officer admissible. The present law to deal with terrorism, namely, the Unlawful Activities Prevention Act (UAPA) does not contain the Prevention of Terrorism Act (POTA) provisions like recording of confessional statements by police officers, interception of wire and electronic communication etc. Fourthly, there is a strong and overwhelming need for a specialised and competent federal investigation agency. The contours, patterns and modus operandi of the terrorists have undergone significant changes. Investigation of terrorist crimes are often transnational in their ramifications and require specialised expertise of a very high order. The states, because of very limited means, find it difficult to provide specialised investigators in large numbers. The Union Government has now set up the National Investigative Agency (NIA) for thorough investigation of serious terrorist crimes. However, the NIA, as an investigative agency, will suceed only when it will be fully supported by other existing agencies like the Intelligence Bureau, the Central Bureau of Investigation, and the Enforcement Directorate. However, the NIA, for successful functioning, will require full cooperation of the state police agencies. Along with investigation, there should be vigorous prosecution and realistic punishment of criminals. India’s record in terms of convictions of the Jihadi terrorist is dismally poor. Between the Parliament attack on December 13, 2001, and the trial of Pakistani terrorist Ajmal Kasab in Mumbai in 2008, there have been zero conviction for acts of terrorism in India. This is extremely unfortunate and embarrassing for a country which admittedly is one of the biggest victims of Islamist terror. And finally, it is necessary to make the public aware of the nature and dimensions of terrorist threats and measures necessary to counteract them. Collection of intelligence becomes easy when the police enjoy some degree of public cooperation and confidence. To get reliable information about the Jihadi terrorist groups, the police must enjoy some measure of confidence of the minority groups. The sensitivities of minority communities cannot be ignored. n The writer, a former Director-General, National Human Rights Commission, is currently Senior Fellow, Institute of Social Sciences, New Delhi |
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Enforcing the Right to Education Act in rural areas
The Right to Education (RTE) Act, 2009, may be legitimately hailed as one of the three major landmark legislations that have been enacted by Parliament in the 21st century, the other two being the Right to Information (RTI) Act, 2005, and the National Rural Employment Guarantee Act (NREGA), 2006, which has now been renamed as the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). While the RTI Act seeks to deepen Indian democracy by empowering the citizens to obtain the needed information from the public authorities at the national, state and local levels and aims at good governance by ensuring the much-needed transparency and accountability in them, the MGNREGA is a step towards implementing the provision of Right to Work. The latter has been recognised as an inalienable human right by guaranteeing 100 days unskilled work to every rural household. The RTE Act aims at fulfilling the promise of universal education guaranteed by the founding fathers of the Constitution in the Directive Principles of State Policy and duly recognised by the Supreme Court of India as an inseparable part of the Right to Life in a recent path-breaking judgement. It seeks to provide free and compulsory education to the children in the age group of 6-14 years. It also makes provision for special classes and a bridge course for those who join the school at an age later than six years. They will continue in the school even after the age of 14 years. It has made it a mandatory obligation for the state to ensure that all children of the above age group enroll themselves in schools and attend the classes. The state has also been mandated to make additions to the infrastructure of the existing schools, to open new schools, if needed, to ensure the minimum educational qualifications of the present teachers, to increase their number to ensure the teacher-student ratio of 1-30, to provide quality education and to ensure the reservation of 25 per cent seats in the unaided private schools for the underprivileged students. Besides, the RTE has been made justiciable. More important, all the expenses are to be met by the Government of India. The RTE Act has been criticised on several counts such as for not ruling out educational institutions for profit for excluding the pre-primary, higher secondary education, for its failure to place restrictions on fee that may be changed by the unaided private schools and for not making clear cut guidelines for the admission of poor students in the unaided private schools. However, it is a great leap forward towards inclusive education. Therefore, instead of wasting time and energy on finding faults with the Act, let us try our best to work it despite these flaws. It would be noteworthy to consider the suggestions of the Bharat Gyan Vigyan Samiti (BGVS) for the social mobilisation to implement the RTE Act (2009). While the Union Government may constitute a RTE Advisory Group of 20-25 members by including in it members of the Samiti, reputed educationists and judges, representatives of the UNICEF, the Union Human Resource Development Ministry, teachers, youth, women, peasants and working organisations for giving suggestions on the activities and programmes of the RTE. Similar bodies comprising different stakeholders should be constituted at the state, district, block and gram panchayat levels for the same purpose. The BGVS has also suggested three-day workshops followed by two-day conferences at all the levels for drawing out a strategy for implementing various dimensions of the RTE. It has recommended that a conducive environment should be built by preparing and distributing handbill posters and pamphlets in English, Hindi and regional languages by taking the flame of education (Gyan Jyoti) to all parts of the country and by organising cultural programmes in the gram panchayats for spreading awareness on the RTE among the masses. While these suggestions are welcome and merit a fair trial, the Panchayati Raj Institutions (PRIs) too will have to be involved for the successful implementation of the RTE. The gram panchayat should be assigned the responsibility of gathering, through participatory rural appraisal method, information on the number of children to be enrolled, the number of the rooms to be added to the existing schools, the number of new teachers to be appointed and other logistics. It should also draw perspective plan and annual plan by identifying the needs, deciding priorities and mobilising resources. It should explore the feasibility of convergence of the MGNREGA, the Total Sanitation Campaign, the Sarv Shiksha Abhiyan, the Sakshar Bharat and other rural development programmes of the Government of India and the state governments for filling up part of that gap. It will have to work in consultation with the Gram Panchayat RTE Advisory Group. It should enlist the support of the Gram Sabha for this purpose. The help of the Sakshar Mahila Samoohs (Groups of Educated Women), Self-Help Groups, Mahila Mandals and youth organisations should be taken for mobilising people to attend the Gram Sabha meetings which can be used for creating mass awareness on the RTE in the rural society. Indeed, the rural society has a bigger stake in it because of the collapse of the rural education system than the urban society where things are slightly better. The gram sabha could also be used for conducting social audit of the progress of the RTE. Similarly, the panchayat samiti will have to exercise supervision over the RTE’s implementation by the gram panchayats as well as to coordinate their functioning. The panchayat samiti should guide the gram panchayats in the preparation of annual plans. It will also have to consolidate their plans, make suggestions for plugging the gaps in these and forward them to the zila parishad. The samiti should work in consultation with the Block RTE Advisory Group in discharging this responsibility. Likewise, the zila parishad should supervise and coordinate the RTE’s implementation by the gram panchayats and the panchayat samitis, consolidate their annual plans, fill up the gaps in those and submit them to the District Planning Committee (DPC) which shall make the RTE plan a part of its district plan. The zila parishad will have to discharge the role in consultation with the District RTE Advisory Group. The state institutes of public administration and rural development, the extension training centres and the NGOs will have to do the capacity building of the PRI representatives by incorporating the RTE in the training modules of the foundation courses, basic functional courses, sectorally focused programmes, functional literacy programmes and the programmes for the capacity building of the DPC members under the Rashtriya Gram Swaraj Yojana (RGSY) of the Union Ministry of Panchayati Raj. In this context, the civil society will also have to play a proactive role. The academics will have to play an activist role as suggested by Rajni Kothari for the successful implementation of the RTE. The media, too, should play its role more earnestly. We cannot leave the task of implementation to the government alone. Otherwise, the prophets of doom shall be proved correct and the agenda of inclusive education shall remain a mirage. The writer is a former Dean of
Academic Affairs, Kurukshetra University, Kurukshetra |
Insurance monitor toothless
In its report for 2009-10 released on December 10, the Insurance Regulatory and Development Authority (IRDA) has stated that though the business of private life insurance companies has witnessed a booming 19.7 per cent growth in 2009-10, nearly 121 lakh policies sold by these companies in the past have either lapsed or forfeited. During 2008-09, the figure was 91 lakh policies. According to the report, over 60 per cent policies issued by private life insurance companies have lapsed or forfeited in just one year. This ratio of lapsed or forfeited policies was 81 per cent for the largest private sector life insurance company, ICICI Prudential. During 2008-09, this ratio was only 59 per cent for this company. The ratio for different companies was ranging from 4 per cent to 81 per cent. This experience of insurance policies getting forfeited or lapsed is not a new phenomenon. However, in the case of the Life Insurance Corporation (LIC), this ratio of lapsed and forfeited to total policies has only been 4 per cent for 2009-10. While the ratio has demonstrated a big jump in case of private companies, it has come down in the LIC’s case — from 6 per cent in 2007-08 to 4 per cent in 2009-10. But due to its monopoly in the past, the value of lapsed and forfeited LIC policies was around Rs 1147 billion. Usually a person buys life insurance policy to insure his family against future risks. One can also save tax by purchasing a life insurance policy. Obviously, the main objective of buying a policy is savings along with insurance. In the market, money-back, endowment, term insurance and health insurance policies are popular these days. Prior to 2001-02, the LIC had a monopoly over life insurance business. However, since 2001-02, private sector companies were allowed to undertake life insurance business and the participation of foreign capital to the maximum of 26 per cent was also allowed. Today, 21 private companies and the LIC, a public sector company, are engaged in this business. After 2001, the life insurance sector witnessed massive progress following large-scale advent of private sector companies. Initially, the LIC contributed substantially and private sector companies also increased their business significantly. In the last two years, however, we witnessed a negative growth in the LIC’s business while private sector companies have registered a sharp increase in the business. Though the IRDA has not published data about the premium paid on lapsed or forfeited policies, even if 20 per cent premium paid is forfeited, this would amount to Rs 430 billion. This implies that in just one year insurance companies earned a huge ‘illegitimate’ income from lapsed or forfeited insurance policies. According to rules, a life insurance policy is considered to be lapsed if the premium remains unpaid between 15 and 60 days from the due date. Lapse of life insurance policies is a natural process, but such a high percentage of lapse or forfeiture is not a healthy development. Experts believe that the lapse ratio of more than 10 per cent is an alarm signal for the life insurance industry. However, while this ratio has exceeded 50 per cent for many companies, one may be forced to question these companies’ credentials. These insurance companies blame economic slowdown for the high rate of lapse/ forfeiture. But then, there are many who believe that the mis-selling of insurance policies by these companies is mainly responsible for this phenomenon. To promote their business, these companies try to lure customers about the so-called ‘benefits’ of the policy while keeping them in the dark about the terms and conditions attached. In such circumstances, a policy holder has only two choices: one, he/she continues with this ‘wrong’ policy; and two, he/she stops paying premium and get this policy lapsed or forfeited. In both cases, the policy holder incurs loss which, in turn, would be the gain to the company. If a policy holder makes a choice to let the policy lapse, it would be in the best interest of the company because the company will be absolved of responsibility. Obviously, private sector insurance companies are not ready to accept the argument of mis-selling due to which people are forced to let their policy lapsed or forfeited. The LIC’s low ratio of lapsed/forfeited policies as against those of private companies proves that there is something wrong with the latter. The LIC’s record nullifies the private companies’ argument that recession has led to large-scale lapse/forfeiture of their policies. This brazen loot of people’s savings by private companies cannot be legitimised. Though the IRDA’s report on the insurance policies is appreciable, the country’s insurance monitor lacks teeth and cannot act against a company suo motu. It can act only if a policy holder files a complaint against a company. Therefore, in the absence of general action, these companies succeed in luring common people to purchase their policies and ultimately grab their hard-earned money. No doubt, the IRDA has been acting on the policy holders’ complaints. So far, 8592 complaints have been filed against insurance companies with the IRDA. The number for 2009-10 was 2449. This is not even 0.01 per cent of the 216 lakh policies lapsed in the year 2009-10. Thus, one can infer that the IRDA has not been able to give protection to the policy holders. In view of the large ratio of lapsed and forfeited policies, the Government of India should take stern action against erring companies. The IRDA’s constitution should be amended suitably so that it is empowered to act suo motu to save people from the unethical business of these companies.n The writer is Associate Professor, Department of Economics, Post-Graduate DAV College, University of Delhi |
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On Record
An engineer by profession, Jatinder Singh Brar is credited with resurrecting the art of theatre in Amritsar, Punjab’s cultural hub. His brainchild, Punjab Natshala, has emerged as a major centre for live performing art in North India. In an interview with The Tribune in Amritsar, Brar talks about his journey, Natshala and future challenges. Excerpts: Q: How did you step into the world of theatre? A: Theatre attracted me during my schooldays. It was merely a hobby till my teens, but Bhaji Gursharan Singh made me realise that it was also a need. It is a powerful medium which plays a key role in sensitising people. Initially, I penned short plays which were followed by full length plays. I also realised that writing good plays is as important as mobilising resources to stage them. Q: What prompted you to set up Punjab Natshala? A: While people in rural areas were closer to the art of theatre through street plays etc, it was a failure in the urban areas. We set up Natshala in 1998 to revive the art form in the cities. We have succeeded in our objective. Many schools here have their own theatres to promote the art among students. Q: Do you get govt aid? A: No. There is no regular aid to our initiative. Punjab Chief Minister Parkash Singh Badal had visited Natshala a couple of years back and had announced a grant of Rs 10 lakh. However, the biggest boost came in the form of waiver of entertainment tax — a whopping 125 per cent — by the government. Though the announcement was made in 2008, the notification has been issued this year. The move will bring to an end a vicious cycle. At the same time, we will have to raise our performance to a higher level to draw more people to the ticket counter. Subsequently, the artistes will get more money and professionals will devote more time to the art. Q: What role can theatre play in checking female foeticide and drug abuse? A: Theatre is the strongest medium to tackle these evils. A film cannot leave as deep impact as a live performance can. Q: Amritsar is a big draw for tourists. Are you also eying them? A: We are working on some plays with a dash of local flavour to attract tourists. For instance, we plan to come out with a play, Amritsar Sifti da Ghar which will dwell on the backdrop of Amritsar and places of religious and historical significance like the Golden Temple, Ramtirath Temple and Jallianwalla Bagh. We may also start daily shows at the Natshala for the tourists. It will provide an ideal place for the tourists to spend their evenings. Q: How do you rate the youngsters’ interest to become theatre artistes? A: I see a positive trend. People are coming forward to face the arc lights, but obviously, their number would increase if the profession becomes more rewarding financially. Initially, girls were reluctant to join a theatre group, but now that has also changed. People see it as a respectable profession. Many of our artistes have gone on to make it big in Mumbai. Q: How do you see the future of theatre in Punjab and the country? A: I see a bright future ahead for the art of theatre. Though people think the emergence of electronic media will hamper its growth, I feel it is helping our cause by creating more awareness about the theatre. As for Punjab, earlier the entertainment tax held us back, but now after its waiver it is entirely up to us as to what heights we can take the theatre to. We need to have a bigger auditorium with a capacity of 400-500 to make it commercially viable. Q: Can theatre counter the challenge posed by cinema? A: Certainly. There is no competition between the three-dimensional view being presented by the theatre and that of the cinema. The effects which we can show in live performances cannot be matched by cinema. Q: Will theatre promotion in the border city of Amritsar help boost the Indo-Pak ties? A: It can definitely play a significant role in improving the Indo-Pak relations. We have staged our plays in Pakistan and theatre groups from that country have also visited us as part of the cultural exchange programme. Significantly, Ajoka, a theatre group from Pakistan, had staged a play, Raja Rasalu, in the recent National Theatre Festival at
Natshala. |
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Profile
Satinath
Sarangi, popularly known as ‘Sathyu’, has now been recognised nationally and internationally as a key figure in helping Bhopal gas survivors as well as campaigning for justice to them. He has been declared the man of the year 2010 by Week, a weekly magazine. A deadly gas leak at Bhopal’s Union Carbide plant 26 years ago took a heavy toll of lives. In one of the world’s biggest industrial environmental disaster, as many as 8,000 people died and people twice that number have been suffering to this day. According to him, over 10,000 people are chronically affected, their problems ranging from breathlessness and joint paints to menstrual irregularities, suicidal tendencies, widespread tuberculosis and cancer. Sarangi grew up in a Brahmin family in Jharkhand. He was in the process of completing Ph.D in metallurgy and working as a community activist in Pipariya town on the foothills of Satpura, 150 km from Bhopal, when the Union Carbide gas leak disaster took place. He promptly rushed to the Madhya Pradesh capital hoping that he would return in a week to resume his research work. But the suffering of the people was so stupendous that he decided to stay on, giving up his career as metallurgist. A quarter of a century on, he is still there. Lot of work still remains to be done. Sathyu, as a boy, changed his school ten times in 12 years owing to frequent transfers of his father who was a Railway employee. Sarangi finally settled for an engineering course in Banaras Hindu University. In BHU, he tasted a life full of adventure and freedom, later getting a seat in the Indian Institute of Technology to study metallurgical engineering. After M.Tech, he started working on his thesis but could not complete it. Sathyu, by temperament, is a human rights activist and socialist. He started wearing turban when in the Eighties Sikhs were targeted in the West for wearing them. In 1989, he went abroad for the first time, visiting the US, the Netherlands, Ireland and Britain to campaign against settlement the Indian government was negotiating with the Union Carbide, without consulting the victims. The settlement was stuck at $470 million, which was about a seventh of the Rs 5.3 billion the government had initially claimed for more than half a million people. He threw factsheets at the annual shareholders’ meeting of the Union Carbide in Dallas, US. He was arrested there for trespassing. Later, a Union Carbide Director of Communications met him in the prison in Houston. While in the UK, Sarangi met Indra Sinha, the Indian-born author and copy writer, who wrote the famous advertisement – ‘Bhopal Medical Appeal’ — for The Guardian with Raghu Rai’s photograph of the burial of a child. The campaign raised around 70,000 pounds. Sathyu and his team set up a trust using the money and it runs a hospital, named the ‘Sambhavana Clinic’. Set up in 1995, the clinic gives gas victims a variety of treatment ranging from a blend of modern medicine, ayurveda, naturopathy and yoga. The clinic, which was started in a rented building, has now a two-acre campus located a kilometre away from the Union Carbide factory. In an effort to build up a proper resource centre for those who wanted to write and research on the tragedy, Sathyu set up the Bhopal Group for Information Action (BGIA) in 1986. Now the BGIA has innumerable photographs, medical documents between 1985 and 2006, a collection of media stories on Bhopal medical documents between 1985 and 2005 and millions of other documents that are used by journalists, students and academics. Immediately after the gas leak, there was no treatment procedure. Doctors did not know the antidote of the poisonous gas and gave symptomatic treatment. Sathyu has been quoted as saying that his clinic began giving sodium thiosulphate injections which had detoxication properties. Dr Max Daunderer, a German, supplied injections initially. In fact, it was Dr Daunderer who came up with the idea of administering the drug as an antidote was not known. However, he says the government did not like it and the clinic was raided. Sathyu along with his doctor friends were thrown in jail. The supply was denied and it was only after the Supreme Court’s intervention that the supply was restored. Recently, research agencies published a report showing that sodium thiosulphate would have been helpful had it been given immediately after the gas
leak. |
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