Yojana August 2013
Yojana August 2013
Yojana August 2013
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August 2013 Vol 57
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YOJ ANA August 2013 1
CONT E NT S
TOWARDS HOLISTIC PANCHAYAT RAJ
Mani Shankar Aiyar .................................................................................4
EQUALITY AND ITS DEMANDS ON
DEMOCRATIC INSTITUTIONS
Aruna Roy, Rakshita Swamy ................................................................10
COPYRIGHTS AND COPYWRONGS: WHY THE
GOVERNMENT SHOULD EMBRACE THE PUBLIC DOMAIN
Pranesh Prakash .....................................................................................14
ECONOMIC PARADIGMS AND DEMOCRACY IN THE
AGE OF FINANCIAL GLOBALIZATION
Srinivas Raghavendra ............................................................................18
SECULARISM AND INCLUSIVE SOCIETY
Rajeev Bhargava ....................................................................................22
CHALLENGES OF THE MARGINALISED
N C Saxena ............................................................................................27
PEOPLES MOVEMENT, A QUEST
FOR INCLUSIVE DEMOCRACY?
Ash Narain Roy ......................................................................................31
J&K WINDOW .................................................................................35
PEOPLES, VOICES, DEVELOPMENT AND DEMOCRACY
Pradeep Bhargava ..................................................................................37
DISADVANTAGED SECTIONS: PROCESSES
OF CONTINUITY AND CHANGE
Sudha Pai ...............................................................................................41
SHODHYATRA
MODIFIED WATER HEATER .............................................................44
NORTH EAST DIARY ......................................................................46
POVERTY: PROMISES MADE AND MILES TO GO
Aasha Kapur Mehta ...............................................................................47
BEST PRACTICES
POLITICAL EMPOWERMENT OF WOMEN:
PATH WAY TO INCLUSIVE DEMOCRACY
Madhushree Dasgupta Chatterjee ..........................................................51
INCLUSIVE DEMOCRACY: A GANDHIAN PERSPECTIVE
Sudarshan Iyengar ..................................................................................53
DEMOCRACY AND MARGINALITIES
Badri Narayan ........................................................................................61
NATIONAL FAMILY WELFARE PROGRAMME SOME LESSONS
FROM THE EXPERIENCE IN KERALA
S Krishna Kumar ....................................................................................64
INCLUSION OF THE TRANSGENDERS IN DEMOCRACY
Rachna Sharma ......................................................................................71
2 YOJ ANA August 2013
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YOJ ANA August 2013 3 YOJ ANA August 2013 3
UNTO THIS LAST
I
t was 1904. Gandhi was travelling from J ohannesburg to Durban on a train. His friend Henry
Polak had given him a book by J ohn Ruskin named Unto this last. He read this book during
the long journey. This short book contained four essays written in 1860. The book drew from a
parable of New Testament which was interpreted by Ruskin as a critic of the industrial society of
late 19th century Britain. The book had a profound impact on Gandhi. He translated and paraphrased
it as Sarvodaya. Debunking the utilitarian principle of greatest good of the greatest number of
people, Gandhi insisted that true happiness of a society can be realised only by making the person
standing at the lowest rung happy. The good of the individual is contained in the welfare of all. This
idea of inclusion forms the moral underpinning and the core of Gandhian concept of Swaraj.
Indeed to redeem its tryst with destiny, India needed to infuse its democracy with the energy of
inclusiveness. Undoubtedly, the foundation of this inclusiveness was laid with the solid edifce of
democracy that was built brick by brick by the founding fathers of our democracy like J awaharlal
Nehru and Baba Sahab Ambedkar. But this has not been an easy process. Perhaps India could build the structure of its
democratic institutions propelled as it was, by the anti-colonial struggle of our people. But to infuse it with the life blood
of inclusiveness required much greater effort, much deeper commitment to navigate the complexity of the emerging
globalized world.
It might sound redundant to preface democracy with inclusiveness. After all, democracy presupposes involvement of
people in the process of governance. However, the idea of democracy is open to multiple interpretations. It is true that
parliamentary democracy with universal adult franchise is the most acceptable form of democracy in the world today,
but it is often more representative than participatory. The representative democracy has been criticised for retaining the
form of democracy but lacking in the substance which can come only through reducing the layers of mediation between
the people and the state. The state, even in a democratic system, must derive its legitimacy from the degree to which the
people feel capable of shaping their own destiny, their own institutions, articulate and realise their aspirations effectively.
It is inclusiveness which works as the bridge between a representative democracy and a participatory democracy.
The concept of inclusiveness works at multiple levels which are deeply enmeshed with each other. You cant have
economic inclusion if large sections of society suffer social discrimination. Similarly, inclusive democracy presupposes
the freedom to various social and religious groups to practice their faith without any fear. All this requires a structure of
democracy that has institutionalised the values of freedom, equality, secularism and social justice. It is quite obvious that
inclusiveness is premised on a fundamental change in the power structure of state and society to empower the marginalised
and rework their relationship in a non-hierarchical and equitable manner.
In order to make inclusiveness an integral part of the values that guide our polity, India has embarked on a rights based
approach to social entitlements. A number of recent legislative measures such as Right to Information, Right to Education,
Right to Food, MGNREGA etc. have had a positive impact on promoting social and economic inclusiveness as well as
empowering the people. The latest round of NSSO fgures show that poverty levels across India decreased by 15 percent
over the period 2004-05 to 2011-12 which is signifcant. However, more than 25 crore people still live under poverty in
India. We are quite low in terms of Human Development Index which refects the quality of life of a nation. Instances of
caste oppression, exploitation of the tribals and Dalits, and social exclusion are not uncommon.
We have come a long way. We have to go a long way. Inclusiveness is the future. Power to the people is the future.
Perhaps the time has come to redeem the pledge to our destiny really substantially. Let us keep our ears to the ground and
listen to the horizon whispering ever so softly..the meek shall inherit the earth. q
ISSN-0971-8400
AUGUST 2013 A DEVELOPMENT MONTHLY ` 20
4 YOJ ANA August 2013
t is not by coincidence that
this article carries the same
title as our Report
1
, for this
is by way of an introduction
to a Report that we believe
should be essential reading
for all those who would like to see the
fulfllment of Gandhijis dream for
independent India. Replying to a query
on his Dream for Independent India,
he wrote in his journal, Young India,
10 September 1930:
I shall work for an India in which the
poorest will feel it is his country, in whose
making he has an effective voice
This vision is inscribed on the
cover of the Report and constitutes its
leitmotif.
There is no way in which the aam
admi, let alone the poorest Indian,
can have a sense of belonging in a
Parliament in which his MP represents
15-20 lakh others, or an effective voice
in decisions are taken in remote State
capitals or Delhi, let alone even in the
inaccessible reaches of the Collectors
offce. 65 years after Independence,
almost every Indian feels alienated
from the political and administrative
process, the sense of alienation
being the greater the lower down the
economic scale and social hierarchy
that person fnds himself or herself in,
and also the more distanced he or she
is geographically from the imposing
Bhawans where his or her future is
INCLUSIVE DEMOCRACY
Towards Holistic Panchayat Raj
Mani Shankar Aiyar
Arguing that bad Panchayat
Raj is perhaps worse then no
Panchayat Raj, the report
stresses that Panchayat Raj
must not deteriorate into
sarpanch raj. To this end,
the Report urges that PRIs
be structured legally and
administratively to function
as collegiate bodies, with
all elected members being
involved in preparing
programmes, key decisions
being taken by the Panchayat
as a whole and not at the
whim and fancy of the
President, and implementation
being under the effective
supervision of the Panchayat
members concerned and not
just the sarpanch
I
decided. Six and a half decades of
democracy leave most individuals
as distant from having an effective
voice in the making of their country
as their parents and grandparents were
under colonial rule.
The one ray of hope is a return
to Gandhian frst principles. Gandhji
wanted our democratic institutions
to be built on the foundations of
Panchayat Raj, as evidenced in the
1946 publication by Shriman Narayan
Agarwal, A Gandhi Constitution for
Independent India, that Gandhiji
himself endorsed in entirety in the
Foreword he wrote to the book.
After many travails, Parliament
eventually incorporated key elements
of the Gandhi an vi si on i n our
scheme of government, by passing,
virtually unanimously, the 73
rd
and
74
th
amendments to the Constitution
in December 1992 followed by
The Provisions of the Panchayats
(Extension to Scheduled Areas) Act,
1996 [PESA] in December 1996, as
required by Part IX (The Panchayats)
of the Constitution. The Constitution
describes PRIs as institutions of self-
government, not self-governance,
a distinction vital to the effective
empowerment of the Panchayats.
Nearly a quarter century later,
we have some Panchayat Raj but not
holistic Panchayat Raj. Our Report
aims at correcting that deficiency.
The author is a Member of Parliament in the Rajya Sabha after having served three fve-year terms in the Lok Sabha as also Minister of Petroleum and
Natural Gas (2004-06), Youth Affairs and Sports (2006-08), Development of the North-East Region (2006-09) and Panchayati Raj (2004-09). He was
awarded the Outstanding Parliamentarian award. by the President in 2006. He served for 26 years in the Indian Foreign Service (1963-89).
LEAD ARTICLE
YOJ ANA August 2013 5
More specifcally, it aims to ensure far
greater effciency in the delivery of
public goods and services by shifting
the burden of bottom-up planning and
last-mile delivery to the Panchayat Raj
Institutions (PRI) from a bureaucratic
mode of delivery that has patently
failed.
How dramatically the present
system of delivery has failed is well
illustrated by two sets of irrefutable
facts. One, whereas Central budgetary
expenditure on social sector and anti-
poverty programmes has grown by
25 times since the onset of economic
reforms (from around Rs. 7500 crore in
1992-93 to over Rs. 2 lakh crore in the
current budget), our ranking on the UN
Human Development Index continues
to hover around 135 as it did at the start
of economic reforms. We appear to be
like Alice in Wonderland: the faster
we run, the more we remain where we
were. The Report characterizes this as
treadmill growth.
The second set of facts derives from
the Twelfth Five-Year Plan documents:
that whereas our economy has grown at
nearly 8 per cent over the previous Plan
period, the rate of poverty alleviation,
which languished at under 0.8 per cent
in the previous eleven years, is now
averaging no more than 1.5 per cent
per annum. Thus, widening disparity
and inequality has been compounded
by gross failure to make optimal use
of the additional Government revenues
generated by reforms even if the Union
Government has evolved over 150
Centrally Sponsored Schemes, with
very much higher budgetary allocations
than could have been conceived of
25 years ago. This appalling waste
of resources is much more disturbing
than the so-called leakages affecting
subsides or even the falling growth
rates in the face of stimulus through
revenues foregone in the amount of
over Rs.25 lakh crore furnished to the
productive elements of our economy
since 2007.
Neither growth nor justice will
be secured without more equitable
sharing of resources between the
70 percent poor and vulnerable
segments of our population, identifed
by the late Dr. Arjun Sengupta in his
celebrated 2007 Report, and the better-
off segments of our people on whom
we are increasingly relying to enlarge
the national cake.
While promoting equity in the
distribution of incremental national
income falls outside the ambit of
our Expert Committees Terms of
Reference, the more effcient delivery of
public goods and services, particularly
the 29 public goods and services
listed in the Eleventh Schedule as the
illustrative domain of Panchayat Raj,
constitute the essence of what we have
to say.
We find that, notwithstanding
the inclusion of many areas covered
by Centrally Sponsored Schemes
(CSS) in the State List of the Seventh
Schedule, in practice, the bulk of the
funding for these programmes comes
from the Central Government and is
governed by CSS guidelines that are
astonishingly detailed and have to be
adhered to if funding to States under
CSS is to be smooth and continuous.
Indeed, one witness maintained that
about 80 per cent of the work-time of
a J oint Secretary in Delhi concerned
with these programmes is taken up in
ensuring that installments are released
and Utilization Certificates (UCs)
are examined in conformity with the
guidelines.
Unfortunately, CSS guidelines only
very rarely oblige State governments
to effectively devolve Functions,
Fi nances and Functi onari es to
Panchayat Raj Institutions. PRIs are
occasionally mentioned as an option
but in such a passing and casual
manner that State bureaucracies prefer
to themselves be the delivery agency
or set up parallel bodies to do their
bidding as registered societies (whose
accounts are not subject to local or
CAG audit). This leaches the entire
delivery system of any responsibility
to the intended benefciaries. In the
absence of accountability to the local
community, and the transparency in
transactions that such accountability
would impose, while vast sums of
money are expended and a widening
network of gigantic mechanisms of
delivery are devised, the benefciaries
themselves are, for the most part,
reduced to beggars with their begging
bowls or silent spectators to decisions
that intimately impinge on the welfare
of themselves and their families.
Thus, the principal reason for the
failure of our systems of governance to
make the poorest feel it is their country,
in whose making they have an effective
voice is that, notwithstanding the 73
rd
and 74
th
amendments, Panchayat Raj
has little or no role in CSS. There are
two exceptions to this generalization:
MNREGA, that has given a place under
the sun to the Village Panchayat (or,
at any rate, to the village sarpanch)
and the Backward Regions Grant
Fund that makes grassroots planning
the sine qua non, as Prime Minister
Dr. Manmohan Singh has said, of the
BRGF. If district planning in accordance
with Constitutional provisions can be
obligatory and mandatory for the most
backward districts of the country,
why can this not be done for the more
advanced districts or, indeed, for other
CSS in the same backward districts?
This failure in CSS has attained
the most alarming proportions in
tribal districts infected with Left-Wing
Extremism (LWE). Notwithstanding
the searing indictment in the Debu
Bandyopadhyay Committee Report
of 2008 on Development Challenges
in Extremist-Affected Areas of the
maladministration of development
programmes in Fifth Schedule areas
Neither growth nor justce
will be secured without more
equitable sharing of resources
between the 70 percent poor
and vulnerable segments of
our populaton, identfed by
the late Dr. Arjun Sengupta in
his celebrated 2007 Report,
and the beter-of segments of
our people on whom we are
increasingly relying to enlarge
the natonal cake.
6 YOJ ANA August 2013
(that are almost co-terminus with LWE
districts), the Integrated Action Plan for
LWE districts, now under consideration
for merging into BRGF, by-passes
both Constitutional provisions as
also PESA, thus alienating the
local community from participative
development. Without participative
planning and implementation, there
can be no inclusive growth. Inclusive
growth without inclusive governance is
the inevitable consequence of relying
more on the bureaucracy and less on
the people to set or attain development
goals.
Our Report emphasizes that,
notwi thstandi ng vari ous fai l ed
initiatives undertaken in the past
decade, what appears to fundamentally
confound the higher echelons of the
bureaucracy in orienting CSS towards
PRIs is an inadequate understanding
of the processes involved in effective
devolution. Therefore, the heart of
the Report is the presentation of
model Activity Maps for eight key
CSS (National Livelihoods Mission ;
National Drinking Water Mission and
the Sanitation component of the Nirmal
Bharat Yojana; Accelerated Irrigation
Benefit Programme and Command
Area Development Programme; Sarva
Shiksha Abhiyan ; National Rural
Health Mission; Integrated Child
Development Services; Additional
Central Assistance for Tribal Sub-
Plans; Rajiv Gandhi Vidyutikaran
Yojana) to demonstrate how to ensure
an adequate role for PRIs in planning
and implementation by devolving to
them the 3 Fs (Functions, Finances and
Functionaries) in a scientifc, clear-cut
manner on the basis of the principle of
subsidiarity refected through the prism
of the basic principles of sound public
administration.
The principle of subsidiarity holds
that whatever can be done at a lower
level must be done at that level and
no higher level. Reciprocally, the
principle of subsidiarity also holds that
whatever cannot be done at a lower
level must be done at the appropriate
higher level and no lower. To determine
the appropriate level for any given
activity, the principles of sound public
administration are invoked to provide
for the categorization of activities to
facilitate the process of deciding the
appropriate level for devolution.
Where the Activity Maps included
in Volume 4 of the Report go further
conceptually than earlier exercises
is in their going beyond Functions
to also incorporate the parallel and
simultaneous devolution of Finances
and Functionaries to provide the PRIs
with the wherewithal to effectively and
effciently undertake the duties that
would devolve on them through the
mandatory inclusion in CSS guidelines
of Activity Maps for each CSS. Thus, for
example, the Committees examination
of the Guidelines for the Sarva Shiksha
Abhiyan reveal that, as per the extant
Guidelines, some 325 activities have
to be undertaken before the teaching
of A for Apple; B for Ball can
even begin. Of these, approximately
200 activities must necessarily be
undertaken at the Central or State
level, and about 100 have necessarily
to be performed at the district or sub-
district or individual school level. The
Committees Model Activity Map
for SSA details which activity could
ideally be attributed to which of the six
levels of government involved (Centre,
State, district panchayat; intermediate
panchayat; village panchayat; and
school-level) without, however, losing
expert technocratic support as the
existing registered societies (such as
the School Management Committee)
would either be brought under the
PRIs or established with an integral
relationship to the PRIs to render
them accountable and responsible to
the local community through Gram/
Ward Sabhas. The Map also details
which activity would require what
share of fnances and which agencies
(Functionaries), bureaucratic or expert,
for the optimal performance of the task.
The Report recommends that explicit
provision be made for all CSS Activity
Maps to be projected as models
to the States, leaving it to the States
to modify the Activity Maps to suit
local conditions. Thus, at the stage of
implementation, Activity Maps would
assume the character of State-specifc
Activity Maps that can be adjusted
over time at the discretion of State
governments or in consultation with
the Centre, but all CSS would have
State-specifc Activity Maps carving
out the domain of the PRIs in that State
for each CSS.
The suggested methodology for
scientific devolution on the basis
of objective criteria would end the
apparent confrontation between State
interest and PRI interests that has thus
far stymied effective devolution. All
six levels become cooperators in a
joint endeavour to secure best results.
No one is left out; all are included, and
the Gandhian dream is progressively
realised.
The suggested methodol ogy
also gives the lie to the common
perception, refected in the Twelfth
Plan document, that Panchayat Raj
being the responsibility of the States,
there is little the Centre can (or should)
do to push matters forward. In fact, had
there not been the required political
will, the longest and most detailed
amendments ever to the Constitution
could hardly have been passed virtually
unanimously in both Houses of
Parliament.
If there were no political
will, the approval to the amendments
of half the State legislatures required
before securing Presidential assent
for the entry into force of the Bill
would not have been obtained within
four months, as actually happened.
I f there were no political will,
there would not have been that large
The suggested methodology
for scientfc devoluton on
the basis of objectve criteria
would end the apparent
confrontaton between State
interest and PRI interests
that has thus far stymied
efectve devoluton. All six
levels become cooperators
in a joint endeavour to
secure best results. No one
is lef out; all are included,
and the Gandhian dream is
progressively realised.
YOJ ANA August 2013 7
measure of adherence to mandatory
Constitutional provisions in respect
of Panchayat Raj as has actually been
the case such as the passage of State-
level conformity legislation, regular
Panchayat elections, reservations,
independent State-level election
commissions, State-level finance
commissions, local and CAG audit
and social audit. Nor would we have
seen as many as 15 States increasing
reservations for women from 33 per
cent to 50 per cent, as has actually
happened.
Finally, it needs to be emphasized
that although the pattern of devolution
to PRIs has been extremely uneven,
with some States like Kerala and
Karnataka (and, recently, Maharashtra)
in the lead and others like UP and
J harkhand as laggards, a bird's eye
survey of Panchayat Raj over the last
two decades shows Panchayat Raj
as advancing everywhere and some
laggards leap-frogging over more
advanced States to give remarkable
returns. Several examples spring to
mind: Kerala itself, that went in one
leap in the second half of the 1990s
from virtually no Panchayat Raj to
frst position; Tripura that undertook
the same Great Leap Forward in the
past decade; Bihar that has zoomed
ahead in recent years converting
despair into hope; Haryana, Himachal
and Raj asthan, that have made
remarkable progress. Some Hill
States like Sikkim and Uttarakhand
have shown it can be done; others
like Arunachal Pradesh are still to
set their house in order. Some of
the smaller States like Goa have
performed well although problems
remain. The Union Territories, a
Central responsibility, have been
among the worst laggards. Assam,
Andhra Pradesh, Madhya Pradesh
and Gujarat are among the bigger
States that had a head-start but have
since stagnated. Barring Maharashtra
in recent years, all nine States with
Fifth Schedule areas have turned in
a most disappointing performance
in respect of implementing PESA
provisions. The list is incomplete, but
illustrative of the important point that
'political will' is not entirely lacking,
as so easily assumed by many.
What is more relevant is that
bureaucratic will has been woefully
lacking, especially in Delhi. The
Report quotes at length from the path-
breaking inaugural address by Prime
Minister Dr. Manmohan Singh at the
frst conference of chief ministers he
convened within a month of assuming
office on Rural Prosperity and
Poverty Alleviation through Panchayat
Raj (29 J une 2004) in which he laid
out such a cogent and comprehensive
road map for Panchayat Raj that the
Committee have adopted the Address
as the template for their own Report.
Note is then taken of the Prime
Ministers directive to the Cabinet
Secretary to circularise all Secretaries
in charge of CSS to modify their
respective CSS guidelines to bring
them in conformity with Constitutional
provisions. The Cabinet Secretary did
so on 8 November 2004, with the
added proviso that the exercise must
be completed within two months and
reported to him personally.
That, alas, was the end. Three
years later, fnding that no Central
Mi ni stry was taki ng the Pri me
Ministers directive seriously, the
Union Panchayat Ministery persuaded
the Cabinet Secretary to set up a
committee comprising a secretary
from the Cabinet Secretariat and the
Panchayat Raj secretary to interact with
their counterparts and produce the frst
round of Activity Maps to facilitate
effective devolution to the PRIs under
their respective CSS. 15 schemes were
selected, accounting for more than
two-thirds of all CSS expenditure,
and in full consultation with the
secretaries concerned, fnalised and
submitted to the Cabinet Secretary on
22 J anuary 2008. However, no action
has followed. For the last fve years,
the exercise has remained deadlocked
with the Cabinet Secretariat saying it
will not do it and a hapless Ministry
of Panchayat Raj pleading that it
cannot do it.
The Planning Commission had
evinced considerable interest in taking
forward District Planning as envisaged
in the Constitution. A committee was
constituted under the chairmanship of
the legendary champion of Panchayat
Raj, Shri V. Ramachandran, former
Vi ce-Chai rman of the Keral a
State Planning Board. Based on
the V.Ramachandran committee
recommendations, the Planning
Commission issued detailed guidelines
to the State governments, saying all
State plans had to include the component
of district planning before being
brought to the Planning Commission
for approval. Unfortunately, the
Planning Commission then put its own
guidelines into cold storage and now
appears to have abandoned the exercise
altogether, notwithstanding the Manual
for District Planning circulated by
the Planning Commission on 1 April
2009. The unanimous Report of the
NDCs Empowered Sub-Committee
on Panchayat Raj also languishes
unimplemented in the cupboards of the
Planning Commission.
We thus see that it is bureaucratic
recalcitrance rather than any lack of
political will that is the main hurdle.
Alternatively, it is perhaps bureaucratic
ineptitude, a lack of understanding of the
methodology for effective devolution,
that is holding up the appropriate
modification of CSS guidelines as
ordered by the political authority nearly
a decade ago. This lacuna has now been
flled by our Report demonstrating,
with respect to eight key CSS, how
effective devolution can be promoted
by ensuring the inclusion of model
Activity Maps in all CSS guidelines.
Besides Activity Mapping, the
Committee have undertaken a detailed
The Union Territories, a
Central responsibility, have
been among the worst
laggards. Assam, Andhra
Pradesh, Madhya Pradesh and
Gujarat are among the bigger
States that had a head-start
but have since stagnated.
Barring Maharashtra in
recent years, all nine States
with Fifth Schedule areas
have turned in a most
disappointing performance in
respect of implementing PESA
provisions.
8 YOJ ANA August 2013
survey of the policy issues and sectoral
issues involved in working towards
Holistic Panchayat Raj. In successive
chapters of the frst Part of the Report
dealing with broad policy issues, the
Report has focussed on State action
on devolution; the technicalities of
District Planning; the Finances of the
Panchayats; the intricacies of training
and capacity building (the longest
chapter in the Report); women in
the Panchayats; and disadvantaged
sections of the population, such as
SC/ST, people with disabilities, and
religious minorities in the Panchayat
system, including, at some length, the
rampant transgression of the legal and
constitutional rights secured by the
tribals through the Fifth Schedule, the
73
rd
amendment, the Forest Rights Act
and PESA.
In the second Part, the Report takes
up sectoral issues by compartmentalising
CSS into seven chapters covering the
gamut of the subjects mentioned in
the Eleventh Schedule. These relate to
rural livelihood; rural infrastructure;
the productive sectors of the rural
economy; education; health; women-
related programmes; and schemes
for the disadvantaged. The last
chapter summarises the principal
Observations and Recommendations
of the Committee.
I t woul d be i mpossi bl e to
incorporate into an article of 3500
words the range of recommendations
in a Report running to 1500 pages and
fve volumes. But three sets of what
the Report calls Collateral Measures
stand out.
First, arguing that bad Panchayat
Raj is perhaps worse then no Panchayat
Raj, the report stresses that Panchayat
Raj must not deteriorate into sarpanch
raj. To this end, the Report urges
that PRIs be structured legally and
admi ni strati vel y to functi on as
collegiate bodies, with all elected
members being involved in preparing
programmes, key decisions being
taken by the Panchayat as a whole
and not at the whim and fancy of the
President, and implementation being
under the effective supervision of the
Panchayat members concerned and
not just the sarpanch. While this will
secure transparency of transactions, it
would also enable accountability to the
Gram/Ward Sabhas and the effective
exercise of social audit responsibilities
by Gram/Ward Sabhas. The fulcrum of
the system is the Gram/Ward Sabha.
It needs to be statutorily empowered
to undertake supervisory functions,
reflecting community needs and
community satisfaction with the
planning and implementation of
schemes of economic development
and social justice as envisaged in
Articles 243G and 243ZD read with
the Eleventh Schedule. The Report
points to the holistic nature of
the 73
rd
and 74
th
amendments and,
therefore, the necessity for a holistic
approach to the implementation in
letter and spirit of the provisions of
the Constitution.
Second, the Report dwells at
length on the sound finances of
the PRI s. Apart from important
recommendations for the functioning
of State Finance Commissions and the
processing of SFC recommendations,
as well as accounting and audit of
Panchayat finances, and measures
to encourage PRIs to raise their own
resources, the Report commends
successive Finance Commissions
for having emerged as the single
most important source of untied
funds for the PRIs. Stressing the
importance of incentivising, on the
one hand, State governments to
devolve, and, on the other, for PRIs to
adopt transparency and accountability
in their transactions, the Committee
have requested the current Fourteenth
Finance Commission to raise the
share of PRIs in the divisible pool
from the present level of 2.5 per cent
to 6-7 per cent, and to restructure the
current pattern to provide for (i) basic
and performance grants to States to
incentivise them to devolve and (ii)
similar basic and performance grants
to PRIs to incentivise them to adopt
transparent and accountable practices.
This will both impart stability to PRI
finances and reduce the scope for
corruption.
The third key set of collateral
measures recommended relates to
the imperative of invoking all relevant
provisions of the Fifth Schedule and
Part IX of the Constitution, and PESA/
Forest Rights legislation, for thwarting
the growing menace of Naxalism, the
single most important challenge to
internal security, as pointed out by the
Prime Minister. Security measures, of
course, have their place in this task of
national priority; so does development
but neither will suffice unless
participative development, based on
inclusive governance, as envisaged in
PESA, is actualised. More than any
other single factor, is the failure to
operationalise PESA that has resulted
in so serious a deterioration of security
in Fifth Schedule areas; and as the
Centre has the right (and duty) under
the Fifth Schedule to issue directions
relating to the administration of these
areas, the Report recommends that in
view of the patent failure of most Fifth
Schedule State governments to live up
to the promise of PESA, the Centre
is obliged under the Fifth Schedule
to take matters in hand. If Naxalism
is thwarted by recourse to PESA,
a dramatic example would follow
for States to replicate to maintain
democratic stability at the level where
it matters most the grassroots. q
Email: [email protected]
1
Report of the Expert Committee on Leveraging Panchayat Raj Institutions for the More Effective Delivery of Public Goods and Services,
chaired by the author and submitted to the Honble Minister for Panchayati Raj on 24 April 2013, National Panchayat Raj day.
It is bureaucratic
recalcitrance rather than
any lack of political will
that is the main hurdle.
Alternatively, it is perhaps
bureaucratic ineptitude, a
lack of understanding of the
methodology for effective
devolution, that is holding up
the appropriate modification
of CSS guidelines as ordered
by the political authority
nearly a decade ago.
YOJ ANA August 2013 9
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10 YOJ ANA August 2013
T I S popular, both in
current casual and serious
discourse, to talk of a trust
defcit in the interaction
between the people and
the state. The nature of
a relationship between an institution
called the State and its citizens can only
be in the nature of a social contract.
This definition and expectation of
trust, is an act of faith and takes away
from the equal, causal and rational
relationship that democracy seeks
to establish through its systems. If
we look at some of the essential
requisite of democratic institutional
structures; to send representatives to
panchayat, assembly and Parliament,
there is implicit in the election process
an obligation for representatives
to be accountable for their actions.
We transfer our sovereignty under
contract and constitutional obligation
to perform in accordance with the
promises made to us. The act of faith
and trust seems a misplaced concept
in the relationship between the citizen
and the State. One quarrels even with
Gandhijis dream of a just relationship
emerging through trusteeship. It is
not possible in any, but in an Utopian
society. In the Indian political context
of democracy and governance, skewed
by caste, class, gender and religious
prejudices, with layers of identities and
divides, a concept such as trust would
do well to be left alone - to individual
and intimate relationships.
It is this growing recognition which
Equality and its demands on democratic
Institutions
PEOPLE & LEGISLATIVE PROCESS
Aruna Roy
Rakshita Swamy
PERSPECTIVE
One can understand the
Pre-legislative Process
to be an opportunity
for people to re-
engage with matters
of governance,and
functions of the State
in general. This is a
welcome change from
many of the more
recent agendas of good
governance reforms
that absolve the State
from its core duties
of implementation by
relying on private sector
expertise to replace
ineffcient public sector
functionalities
I
The authors are members of National Campaign for Peoples Right to Information (NCPRI).
led people to a serious assessment of
the way governments function, and
the nature of power relationships,
influenced by feudal social norms,
colonial administrative patterns and
the emerging pattern of neo socio-
political-economic vested interests.
The demand for rights is the sum
of the current understanding of this
obligation of the State. It is under
contract to its people through the vote,
and promises made on assuming offce.
A people cheated of equality in the
conception of policy, legislation and
implementation, in the discharging
of democratic and constitutional
obligations often by an indifferent
and often callous State; cannot but
see the relationship with the State, as
a contractual relationship, monitored
by transparency and accountability, at
every step of governance.
The obvious truth that governance
was more than an evil necessity, and
had a direct, day to day impact on our
lives, took a long time to be understood.
The trust of a population relieved of
the colonial yoke, took four decades to
dissipate. The initial euphoria turned
to dismay and disappointment, when
basic constitutional promises and a
dream of a better life eluded many.
The assurance that independence itself
would constitute freedom from want
- became a naive faith, needing to be
dismantled. Progress and improvements
not-withstanding, the marginalised
population felt helpless and unable
to impact the system to deliver better.
YOJ ANA August 2013 11
Government as an institution , while
related to ideology in the larger political
context, has an independent working
structure which has continued to stay
untouched in spite of transfer of power
from a colonial to an independent state
in India. An intellectual who believed
in revolutionary ideals stated quite
pragmatically, that no matter what the
ideology , the party once in power had
to use a system. Therefore governments
will remain.
Late Prabhash J oshi, founding
member of the National Campaign
for Peoples Right to Information
(NCPRI), Indias pre-eminent Hindi
journalist, with his typical wit, had a
story to tell. He recalled the famous
story of the foolish shepherd in Ujjain,
who sat on a small hillock and was
transformed into a seer. The curious
dug deep and found the throne of
Vikramaditya, the wise king. He
continued the story, there is a small
hillock in Delhi called Raisina Hill.
Whoever sits there speaks in the same
voice. If you dig deep, you will fnd the
throne of Wellesley ! The nature of
Governments remain deeply embedded
in the procedures, in their infuence on
the structure of governance. As an RTI
user put it succinctly in a confict ridden
part of India, the need to know about
government functioning over-rides
ideology, because no matter who sits
in the seat of power, people will have
to ensure its accountability .
The fault then lay not only in
ideology but the translation of those
promises into effective delivery
through a machinery both corrupt
and arbitrary in its use of power. It
followed that there is a need to build the
relationship between those who govern
and those who are governed. This
should be situated in institutionalized
and statutory entitlements enabling
the demand for reasoned answers.
Transparency and accountability,
replaced benevolence and good
faith.
The trajectory of this understanding
in rural I ndia is exemplified by
stories. People realised the role of
governance and their inertia in a
growing understanding of democracy.
In the 70s, most villagers in Rajasthan
disdained to spoil their hands in the
businesses of government spending.
The rejoinder always was, let the
money burn, it isnt ours. Dramatically
different was Sushilas statement in an
NCPRI press conference in 1996 in
Delhi. In response to their surprise that
a semi-literate woman should demand
the right to know, she retorted :
When I send my son with 10
rupees to the market place and he
comes back; I ask for accounts . The
government spends billions of rupees
in my name. Shouldnt I ask for my
accounts ?Hamara paisa, hamara
hisab!
Public enquiry doesnt follow the
structural logic of theory. It follows its
own logic: it works backward, from a
recognition born of experience; from
a result to its cause. The reason for
the demand for inquiry is therefore
embedded in the hypocrisy and
corruption in what people face -the
systems of delivery. The tracing of the
condition has led them to the cause;
the fundamental lack of transparency
and accountability cutting across
government functioning.
Once convinced that there was
a betrayal of trust and faith, the
questions turned inward. As compelling
as the arguments for betrayal were,
was the angst of a people who felt that
they had been ignorant of and therefore
were partly to blame. To blame for not
questioning and not being involved
with the mechanics of translating
constitutional guarantees into acts of
delivery. A long list emerged - schools
not functioning , doctors absent,
medicines not available, PDS and
anganwadis riddled with corruption,
and above all a system immune to any
code of ethics.
This edifice was topped by the
ineffectual efforts of the well-meaning,
and the usurping of the public discourse
by fundamentalists of all hues.
It was in this context that a segment
of the Indian people designed the
road map, to begin the cleaning of
the Aegean Stables with a demand for
transparency and accountability, with
the RTI.
In the process of the campaign,
some myths were fundamentally
questioned and proven incorrect. The
frst one was that the illiterate, semi-
literate cannot and do not understand
the higher, loftier, principles of
governance. The second was that law
making cannot be an inclusive process
where many people across sectors can
for a while be a part of the democratic
process. The third was that laws cannot
be conceptualized by common people.
The fourth, that accountability cannot
be demanded of the entire system
including transparency of the pre
legislative process, where entitlements
are given or curtailed.
In the seven years of the RTI, many
leanings have come to be. Of particular
importance and impact is the plural
nature of governance itself. As for
example law making and the passing
of legislations themselves; wrapped in
secrecy and lack of accountability. Once
laws get passed, and if they are not in
the spirit of Constitutional guarantees;
the danger is not only to peoples lives,
but to what is a fundamental principle
of democracy itself, the rule of law.
The system claims the implementation
and protection of a law, designed to
abrogate undemocratic concentration
of power .The law has supposedly been
examined, but in the complex net of
processes and procedures, it becomes
a victim of the system as practiced.
The contents of a bill placed may be
debated in Parliament, but sometimes
not, it may or may not be sent to a
Standing Committee, and seldom
reaches the people. A law once passed
A law once passed is a fait
accompli, protests and critque
are conveniently termed
disruptng the rule of law,
and protestors become the
targets of State suspicion and
victmizaton !
12 YOJ ANA August 2013
is afait accompli, protests and critique
are conveniently termed disrupting
the rule of law, and protestors become
the targets of State suspicion and
victimization !
As for i nstance, many l aws
now being passed by Parliament
are at the inception itself removed
from the purview of the RTI . In
any case as the excerpt below will
demonstrate, the functioning of
Parliament needs constant study, the
modalities understood and citizen
pressure to make it function. While the
Constitutional sanctity of Parliament
is not questioned, its delivery should
be. All political parties, must take
Parliament functioning seriously. We
quote the following as an example :
In the 2012 Lok Sabha, Question
Hour was held on 11 of 20 days. 49 of
400 starred questions were answered
orally. In Rajya Sabha, Question Hour
was held on only 8 of 20 days. Only 43
of 400 starred questions were answered
orally. At the beginning of the session,
the government had listed 25 pending
Bills for consideration and passing. Six
of these were passed by both Houses.
At the end of the session, 104 Bills
remain pending before Parliament.
Productive time in Lok Sabha was
53% of scheduled time i.e. 63 of 120
hours. Productive time in Rajya Sabha
was 58% of scheduled time; 58 of
100 hours.
During 2011, Parliament sat for a
total of 73 days. In Lok Sabha, 18%
of the Bills were passed in less than
5 minutes in 2011. In total, 81 Bills
were introduced in Lok Sabha and 51
in Rajya Sabha. During the year, only
four Bills were discussed in Lok Sabha
and three in Rajya Sabha. (From the
Website of Parliamentary Research
Service (PRS))
In this context, the protocol for
a Pre Legislative Process, clearly
del i neati ng the responsi bi l i ty
of the Executive to pro-actively
disclose draft Bills and Rules in the
public domain, and systemically
ensure greater transparency and
accountability in the guarded process
of decision making, is a step in the
right direction. Recognizing this, the
National Campaign for Peoples Right
to Information (NCPRI) set itself the
task to begin the examination of the
matter. The NCPRI organized a series
of public consultations to support the
need for greater transparency and
accountability in decision making,
along with discussing the modalities
which can be worked. In addition, the
Department of Personnel and Training
(DoPT), Ministry of Personnel and
Trai ni ng, Government of I ndi a
constituted a task force to make
recommendations for developing
enforceabl e gui del i nes for the
implemention of Section 4 of the
Right to Information Act, 2005 which
mandates the pro-active disclosure of
Public Authorities in their processes
of decision making. The Oxford Pro
Bono Publico of the University of
Oxford assisted the NCPRI , which
was one of the members of the
Task Force, by researching on the
nature of transparent and participatory
pre-legislative processes currently
existing in eight different countries
of the world thereby demonstrated the
implementation of the idea in reality.
The proposal included the need for a
pre legislative consultative process
not only in the formulation of laws,
but also of policy.
It was within this context that
the Pre-Legislative Process was
frst tabled in the Working Group of
Accountability, Transparency and
Governance of the National Advisory
Council (NAC) which was mandated
to recommend a protocol to enhance
transparency and accountability
in the decision making process of
the Executive. The Working Group
held a series of public consultations
whi ch were attended by soci al
activists, academics, Government
officials representing a range of
Departments, ex judges, lawyers
and legal researchers and members
of the media to discuss the need for
such a process and its modalities
in detail. After many consultations,
and through the support of important
research undertaken by the National
Law School, Dwarka, the Working
Group fnalized its recommendations
for the submission to the NAC. The
NAC agreed only to pre legislative
consultation on new legislations and
rules, and amendments to older laws
and rules. Policies were kept out of
the consultative process.
The NAC, based on its internal
deliberations put up as part of its
disclosure a draft note on the Pre-
Legislative Process . The disclosure
on i ts websi te i nvi ted publ i c
comments and concrete suggestions
on implementation. Based on the
feedback received from the public,
the Draft Pre Legislative Process
Protocol was amended and submitted
to the NAC for its fnal approval.
The NAC approved the Draft Pre-
Legislative Process and submitted
it to the Government as its final
recommendation in May 2013.
The Pre-Legislative Process (PLP)
refers to a framework consisting
of a series of protocols that need
to be adhered to by Government
Departments/Ministries to make the
process of drafting of Legislations
and rules, more transparent, inclusive
and participatory. The PLP rests
on the inherent understanding that
people have a right to know, question
and suggest changes to legislative
interventions that affect their lives and
livelihoods. For long, centres of power
have indulged in acts of centralized
and opaque decision making, by
relying on their expertise and
For long, centres of power have
indulged in acts of centralized
and opaque decision making,
by relying on their expertse
and specialised domain
knowledge which apparently
grants them the authority
and confdence of taking the
most appropriate decision in
the greater public good of the
economy and/or the country.
The PLP has the potental of
breaking notons like this and
reversing paths of knowledge
creaton, by augmentng
expertse with experience.
YOJ ANA August 2013 13
specialised domain knowledge
which apparently grants them the
authority and confdence of taking
the most appropriate decision in the
greater public good of the economy
and/or the country. The PLP has the
potential of breaking notions like this
and reversing paths of knowledge
creation, by augmenting expertise
with experience. It looks at unpacking
the term policy, currently consisting
of game changer ideas, to include
learning from the grassroots based
on regular interface between the
State and its manifestations, and the
people, who are daily subjected to
the irregularities and dysfunctional
elements of State governance. The
PLP provides an opportunity for those
citizens who experience the outcomes
of decisions taken by authorities far
removed from the centres of power,
to contribute towards the framing of
new Legislations and Rules and make
the process of policy formulation and
decision making more inclusive and
informed.
The fol l owi ng are the key
principles that will guide the drafting
of Legislations and Rules (new and
amendments to old) by all Government
Departments and Ministries:
a) Pro-active disclosure of Statement
of Objects and Reasons
Every Department is mandated to
Pro-actively disclose a Statement of
Objects and Reasons, in Hindi and
English, describing the need, fnancial
and social implications of bringing
in a new Law/Rule and amending
current Laws/Rules. The Statement
of Objects and Reasons is expected
to be written in ordinary prose, so
as to facilitate non-specialists to
understand and comprehend the
information easily.
b) Pro-Active Disclosure of Draft
Rules/Legislations
Subsequent to the above process,
the concerned Department is expected
to pro-actively disclose the draft
Legislation/Rule formulated by
it, along with an explanatory note
describing the legal language in
functional English, for a period of 90
days on its website. In addition, where
such a new law/rule and amendment
to law/rule directly affects a specifc
group in the population, a physical
copy of the same will be provided
for in every Panchayat, School, Post
Offce, Rajiv Gandhi Sahayta Kendra
in the area consisting of affected
people. The essence of the nature
of disclosure remains one where
authorities pro-actively disseminate
key documents in the public domain
in modes that are easily accessible to
those situated in rural areas.
c) Public Consultations
Concerned Departments will
be mandated to organize public
consultations to facilitate discussion
of the public on the details of the law/
amendment and pro-actively solicit
the feedback of affected stakeholders
on their proposed legal interventions
d) Record of Summary
I t will be mandatory for the
concerned Department to have a record
of a summary of all the feedback that
it has received by the public on the
law/rule and prepare a statement of
the response that the former devised.
The same shall be produced before the
Cabinet for making its deliberations
more informed. Subsequently, the
record of public feedback received
shall be produced before the concerned
Parliamentary Standing Committees
studying the rule/law.
e) Enforcement Mechanism
The PLP will be enforceable
through an Executive Order issued
by the Government of India to all
Departments and Ministries. I n
addition, there shall be in place, a time
bound and citizen friendly grievance
redress mechanism in every concerned
Department for the redressal of
complaints received by the public
in cases of non-compliance of the
Government to guidelines of the Pre
Legislative Process. The Department
of Law & J ustice will be the nodal
authority for ensuring the effective
roll out of the PLP.
Let us take a quick look at the
beginnings of a new perception of
governance which is participatory,
and mandates that citizens must
be involved in a fashioning and
monitoring of democracy, in which the
contribution to legislation and policy
assume a new dimension. There is a
word of caution to both government
and citizens that they cannot question
or override Constitutional guarantees.
They remain sacrosanct. The PLP
addresses the performance and
accountability of the political and
bureaucratic establishment. It goes
beyond the demand for scrutiny of
a single law, but demands it of all
proposed legislations. As late Mohanji,
a dalit crusader for the RTI said, It
makes the vote speak for 5 years. By
implication it makes the bureaucracy
also relevant and accountable.
It is important to re- emphasize that
the Pre Legislative Process makes
room for greater transparency and
participation, without undermining the
role and scope of the Parliamentary
processes, hence the term pre-
legislative process. One can understand
the Pre-legislative Process to be an
opportunity for people to re-engage
with matters of governance,and
functions of the State in general. This
is a welcome change from many of
the more recent agendas of good
governance reforms that absolve
the State from its core duties of
implementation by relying on private
sector expertise to replace ineffcient
public sector functionalities. The Pre-
Legislative Process makes the much
required statement of placing the
responsibility of making its decisions
squarely on the State, (in the form
of rules and laws) more transparent
and accountable and achieving it
through greater citizen involvement
and participation.
We can leave the final word to
Plato, who with his peers gave us the
concept of democracy.
The price of apathy towards public
affairs is to be ruled by evil men q
(Email: [email protected]
[email protected])
14 YOJ ANA August 2013
ACH OF you reading this
article is a criminal and
should be jailed for up
to three years. Yes, you.
Why?, you may ask.
Have you ever whistled
a tune or sung a film song aloud?
Have you ever retold a joke? Have
you replied to an e-mail without
deleting the copy of that e-mail that
automatically added to the reply?
Or photocopied pages from a book?
Have you ever used an image from
the Internet in presentation? Have you
ever surfed the Internet at work, used
the the share button on a website,
or re-tweeted anything on Twitter?
And before 2012, did you ever use a
search engine?
I f you have done any of the
above without the permission of the
copyright holder, you might well
have been in violation of the Indian
Copyright Act, since in each of those
examples youre creating a copy or are
otherwise infringing the rights of the
copyright holder. Interestingly, it was
only through an amendment in 2012
that search engines (like Google and
Yahoo) were legalized.
Tradi ti onal Justi fi cati ons for
Copyright
Copyright is one among the many
forms of intellectual property rights.
Across differing theories of copyright,
two broad categories may be made.
The first category would be those
Copyrights and Copywrongs
Why the Government Should Embrace the Public Domain
COPYRIGHT ISSUES
Pranesh Prakash
SPECIAL ARTICLE
When copyright
doesnt serve public
welfare, states must
intervene, and the
law must change
to promote human
rights, the freedom
of expression and to
receive and impart
information, and to
protect authors and
consumers
countries where copyright is intended
to beneft society, the other where it is
intended to beneft the author. Within
the second category, there can again
be two subcategories: those that see
the need to beneft the author due to
notions of natural justice and those
that see the need to provide incentives
for authors to create. Incentives to
create are necessary only when the act
of creation itself is valuable (and more
so than the creator). The act of creation
is valued highly as it directly benefts
society. Thus, it is seen that the second
sub-category is closer to the societal
beneft theory than the natural justice
sub-category. In the United States, the
wording of the Progress Clause makes
things clear that copyright is for the
beneft of the public, and the author is
only given secondary consideration. It
is in light of this that the U.S. Supreme
Court said,
The monopoly privileges that
Congress may authorize are neither
unlimited nor primarily designed
to provide a special private beneft.
Rather, the limited grant is a means
by which an important public purpose
may be achieved. It is intended to
motivate the creative activity of
authors and inventors by the provision
of a special reward, and to allow the
public access to the products of their
genius after the limited period of
exclusive control has expired.
Economic theories of copyright see
copyright as an incentive mechanism,
The author is Policy Director with the Centre for Internet and Society, and is a graduate of the National Law School of
India University, Bangalore.
E
YOJ ANA August 2013 15
designed to encourage creators to
produce material because they would
be able to recover costs and make a
proft due to the exclusionary rights
that copyright law grants. Thus,
the ideal period of copyright for
any material, under the economic
theory would be the minimum period
required for a person to recoup the
costs that go into the production of
that material. Allowing for the great-
grandchildren of the author to beneft
from the authors work would actually
go against the incentive mechanism.
Even if the author is motivated enough
to put in even more hard work to
provide for her great-grandchildren,
her children, grandchildren, and great-
grandchildren wouldnt have any
incentive to create for themselves (as
the incentive is seen purely in terms
of economics, and not in terms of
creative urge, etc.), as they are already
provided for by copyright. Thus, in a
sense, the shift towards longer periods
of copyright terms that we are seeing
today can be seen as a shift from the
incentive-based model to a rewards-
based model of copyright.
The other standard theory of
copyright justifcation is the natural
rights theory, which deems intellectual
property the fruit of the authors
labour, thus entitling them to complete
control over that fruit. This brings
us to the conception of property
itself, and the Lockean and Hegelian
justifcations for personal property is
what is most often used to back such
an argument up.
There are many problems with the
natural rights theory of intellectual
property. If that theory were to hold
water, copyright law would accord
greater precedence to authors than
to publishers. Yet, we see that it is
publishers primarily, and not authors,
who get benefit of copyright. The
work for hire doctrine, embodied in
Section 17 of the Copyright Act, holds
that it is the employer who is treated as
the owner of copyright, not the author.
This plainly contradicts that natural
rights theory. And it also raises the
question of why we should protect
certain kinds of knowledge investments
in the first place. Publishing is a
business, and all risks inherent with
other businesses should come along
with publishing. There is no reason
that the State should safeguard their
investment by vesting in them a right
while safeguarding the investments of
any other business only occasionally,
and that too as an act of munifcence.
This problem arises because of the
free transferability of copyright. This
leads us to the larger problem, which
is of course that of treating knowledge
as a form of property. Property, as
we have traditionally understood it,
has a few features like excludability.
Knowledge, however, does not share
that feature with property. Once you
know something that I created, I cant
exclude you from that knowledge that
(unlike my ability to take back an
apple you have stolen from me). This
analysis also has the pernicious effect
of excluding free speech analysis of
copyright laws. An incorrect analogy
is often drawn to explain why free
speech analysis doesnt work on
property: you may wish to exercise
your right to free speech on my front
lawn, yet the State may decree that
I am in full right to throw you off
my property, without being accused
of abridging your right to freedom
of speech. So, the argument goes,
enforcement of property rights is
not an affront to freedom of speech.
The problems with this analogy are
obvious enough: the two forms of
property cannot be equated. If you
take the location of speech away, I
can still speak. If, on the other hand,
you restrict my ideas/expression, then
I can no longer be said to have the
freedom of expression.
One Size Doesnt Fit All
It is easy to see that copyright
is an ill-fit for all the things that
it now covers. Copyright in its
present form is a historical accident,
which evolved into the state it is in
a very haphazard fashion. It is a
colonial imposition on developing
countries. It does not value that which
we often value in Indian culture:
tradition. Instead, copyright law
values modernity and newness. It can
also be seen as a trade issue imposed
on us through the Trade-Related
I ntellectual Property Agreement
(TRIPS Agreements) as part of the
World Trade Organization.
Importantly, copyright is not a
single well-planned scheme. In some
cases for literature, visual art
works, lyrics, musical tunes, etc.
it provides rights to the artist, while
in other cases for recordings of
those musical tunes, and for flms
it provides rights to the producers.
What are the legal reasons for this
distinction? There arent any; the
distinction is a historical one (with
sound recordings and flms getting
copyright protection after literature,
etc.). At one point of time only exact
copies were governed by copyright
law. Hence, translations of a work
were considered not to be infringement
of that work (or a derivative work),
but new independent works, since
after all it takes considerable artistic
effort to create a good translation of
a work. However now even creating
an encyclopedia based on Harry
Potter (as the Harry Potter Lexicon
was), is covered as infringement of
the exclusive rights of the author.
At one point of time photographs
were not provided any copyright,
being as they are, mere mechanical
reproductions. They were seen as not
being creative enough. However,
around the turn of the twentieth
century, that position changed, and
hence every photograph youve taken
of your dog is now copyrighted.
According to a recent Supreme Court
decision, merely adding paragraph
numbering to court judgments is
considered to be creative enough to
Once upon a time, copyright
was only granted to those
who wanted it and applied for
it. That has now changed, and
you have copyright over every
single original thing that you
have ever written, recorded,
or otherwise affixed to a
medium
16 YOJ ANA August 2013
merit copyright protection! At one
point of time, copyright existed for
14 years. Now, with the international
minimum being fifty years after
the death of the author, it lasts for
an average of more than a century!
Once upon a time, copyright was only
granted to those who wanted it and
applied for it. That has now changed,
and you have copyright over every
single original thing that you have
ever written, recorded, or otherwise
affxed to a medium.
Copyright in the Digital Era
All digital activities violate
copyright, since automatically copies
are created on the computers RAM,
cache, etc.
Because now everythi ng
is copyrighted, and copyrighted
seemingly forever, each one of us
violates copyright on a day-to-day
basis. It is a mockery of the law
when everyone is a criminal. The
US President Barack Obama violated
copyright law when he presented UKs
Queen Elizabeth II an iPod flled with
40 songs from popular musicals like
West Side Story and the King and
I. When even presidents, with legal
advisers cannot navigate copyright
law successfully, what hopes have we
ordinary people?
There is no shortage of similar
examples to show that copyright law
has gone out of control.
Take extradition, for instance.
Augusto Pinochet was extradited,
Charles Shobraj was sought to be
extradited. Added to their ranks is the
pimply teenager who runs TVShark,
who British courts have cleared for
extradition to the USA for potential
violation of copyright law. The
extreme injustice of copyright is easily
observable if one sees the contorted
map depicting net royalty inflows
available on Worldmapper.org: there
are a sum total of less than a dozen
countries which are net exporters
of IP; all other countries, including
India, are net importers of IP. IP law
is one area where both those who talk
about social justice and those who
talk about individual liberties find
common ground in the monopolistic
or exclusionary rights granted under
copyright law. Copyright acts as a
barrier to free trade, thus allowing
Nelson Mandelas autobiography to
be more expensive in South Africa
than the United Kingdom because
South Africa is prohibited by the UK
publisher from importing the book
from India. Mark Getty, the heir to the
Getty Images fortune, once presciently
observed that IP is the oil of the 21st
century.
Government Copyright
In the ivory towers of academia,
there has in recent times been a clarion
call thats resounding strongly: the
call for open access. As the Public
Library of Science states, open
access is a stands for unrestricted
access and unrestricted reuse. Why
is it important? Most publishers
own the rights to the articles in
their journals. Anyone who wants to
read the articles must pay to access
them. Anyone who wants to use
the articles in any way must obtain
permission from the publisher and is
often required to pay an additional
fee. Although many researchers can
access the journals they need via their
institution and think that their access is
free, in reality it is not. The institution
has often been involved in lengthy
negotiations around the price of their
site license, and re-use of this content
is limited. Importantly, the writers
of articles (scholars) do not get paid
by the publishers for their articles,
and most developing countries are
not able to afford the costs imposed
by these scholarly publishers. Even
Indias premier scientific research
agency, the Council for Scientifc and
Industrial Research, recently declared
that the costs of scientifc journals was
beyond its means.
Why is this important? Because
apart from establishing the idea of
informational equity and justice, it
also establishes the idea that taxpayer-
funded research (as most scientifc and
much of academic research is) ought
to belong to the public domain, and
be available freely. This principle,
seemingly uncontroversial, is very
unfortunately not embodied in the
Indian Copyright Act. Most public
servants do not realize that that which
they create may not be freely used by
the public whom they serve.
Under the Indian Copyright Act,
all creations of the government,
whether by the executive, judiciary, or
legislature, is by default copyrighted.
This does not make sense under either
of the two theories of copyright that
we examined above. The government
is not an author who can have
any form of natural rights over
its labour. Nor is the government
incentivised to create more works if
it has copyright over them. Most of
the copyrighted works, such as various
reports, the Gazette of India, etc., that
the government creates are required
to be created, and the cultural works
it creates are for cultural promotion
and not for commercial exploitation.
Hence it makes absolutely no sense to
continue with the colonial regime of
crown copyright, when countries like
the USA have suffered no ill effects by
legally placing all government works
in the public domain.
While there are a limited set of
exceptions to government copyright
provided for in the law, those are
very minimal. This means that even
though you are legally allowed to
get a document through the Right
to Information Act, publicising that
document on the I nternet could
potentially get you jailed under the
Copyright Act. This is obviously
not what any government official
would want. If instead of the four
sub-sections that form the exception,
the exception was merely one line and
While there are a limited set
of exceptons to government
copyright provided for in the
law, those are very minimal.
This means that even though
you are legally allowed to get
a document through the Right
to Informaton Act, publicising
that document on the Internet
could potentally get you jailed
under the Copyright Act.
YOJ ANA August 2013 17
allowed for the reproduction, communication to the
public, or publication of any government work, then
that itself would elegantly take care of the problem. This
would also remove the ambiguities inherent currently
in the Data.gov.in, where the central government is
publishing information that it wants civil society,
entrepreneurs, and other government departments to
use, however there is no clarity on whether they are
legally allowed to do so.
Recently, the member states of the World Intellectual
Property Organization passed a treaty that would
facilitate blind persons access to books. On that
occasion, at Marrakesh, I noted that intellectual
property must not be seen as a good in itself, but
as an instrumentalist tool which may be selectively
deployed to achieve societally desirable objectives. I
said: It is historic that today WIPO and its members
have collectively recognized in a treaty that copyright
isnt just an engine of free expression but can pose
a signifcant barrier to access to knowledge. Today
we recognize that blind writers are currently curtailed
more by copyright law than protected by it. Today we
recognize that copyright not only may be curtailed in
some circumstances, but that it must be curtailed in
some circumstances, even beyond the few that have
been listed in the Berne Convention. One of the original
framers of the Berne Convention, Swiss jurist and
president, Numa Droz, recognized this in 1884 when
he emphasized that limits to absolute protection are
rightly set by the public interest. And as Debabrata
Saha, Indias delegate to WIPO during the adoption of
the WIPO Development Agenda noted, intellectual
property rights have to be viewed not as a self contained
and distinct domain, but rather as an effective policy
instrument for wide ranging socio-economic and
technological development. The primary objective
of this instrument is to maximize public welfare.
When copyright doesnt serve public welfare, states
must intervene, and the law must change to promote
human rights, the freedom of expression and to receive
and impart information, and to protect authors and
consumers. Importantly, markets alone cannot be
relied upon to achieve a just allocation of informational
resources, as we have seen clearly from the book famine
that the blind are experiencing. Marrakesh was the city
in which, as Debabrata Saha noted, the damage [of]
TRIPS [was] wrought on developing countries. Now
it has redeemed itself through this treaty.
The Indian government needs to similarly redeem
itself by freeing governmental works, including the
scientifc research it funds, the archives of All India
Radio, the movies that it produces through Prasar
Bharati, and all other tax-payer funded works, and
by returning them to the public domain, where they
belong. q
(Email: [email protected])
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18 YOJ ANA August 2013
HETHER OR not
there exists a standard
defi ni ti on of the
term Globalization,
there i s a broad
agreement with the
fact that the process
of Globalization has had and continues
to have profound impact on various
aspects of human life. Globalization
is not a new phenomenon for it has
been a long-term gradual process of
change, which affects every aspect
of human life and being affected by
the human enterprise, since the days
of Columbus, and yet at the same
time it is irregularly punctuated by
episodes of dramatic change. Ever
since the Columbian voyage initiated
the process of intermingling of the
continents of Europe and the Americas,
Globalization has been infuencing and
reshaping every part of the world in all
aspects of human life social, cultural,
economic, political, biological and
ecological aspects.
In the recent past, there were two
intense periods where the process
of globalization induced dramatic
changes across the world. The first
wave happened in the late nineteenth
century up to the First World War, which
was characterized by extensive trade
networks across various continents
under European Colonialism. The
second wave happened in the twentieth
century, starting from the 1980s to the
present day, characterized as free market
Capitalism led by the phenomenal
development of the fnancial markets,
and called as the fnancialization phase
of Globalization or simply Financial
Globalization.
The aim of this article is to
discuss the profound changes that
were brought about by the second
wave of Globalization, particularly
in the context of the change induced
by economic paradigms, and the
consequent challenges to the political
organization of the market economies.
The beginning of the second wave of
Globalization in the 1980s marked a
distinct end to the global framework
of economic organization between
Nation States where the domestic
political system was more or less
sovereign to the people of the State.
In fact, such a political arrangement
multilaterally agreed upon at the
Bretton Woods conference in 1944
provided impetus to the revival of
the process of Globalization, which
was disrupted by the two World Wars.
Although, the scope of the revival
was limited due to the Cold War, the
economic success within the Western
democracies based on this political
architecture laid the foundation to
further expansion and intensifcation
of the process of Globalization.
The i nternati onal pol i ti cal
architecture based on the Bretton Woods
agreement, which was ably supported
by the sovereign Nation States and
underpinned by the economic rationale
of Keynesianism delivered the so-
called golden age of capitalism,
ECONOMICS OF INCLUSIVE DEMOCRACY
Economic Paradigms and Democracy in
the Age of Financial Globalization
Srinivas Raghavendra
The author is with the Department of Economics, J.E. Cairnes School of Business & Economics, National University of
Ireland Galway, Ireland.
W
GLOBALISATION
The economic rationale
for delinking politics
from fscal affairs is to
eliminate uncertainties
concerning the conduct
of economic policy
in general and fscal
policy in particular.
The discretionary
nature of fscal policy
is questioned because
it adversely affects
investors expectations
and market sentiments,
and it is desirable to
minimize uncertainties
in the conduct of fscal
policy
YOJ ANA August 2013 19
which collapsed during the 1970s. It
was replaced by a unipolar world order
underpinned by the economic rationale
of Monetarism, which oversaw
and supported the expansion and
intensifcation of Globalization. The
downfall of Communism and the end of
the Cold War era opened the foodgates
for the expansion and intensifcation of
the process of Globalization outside
the Western hemisphere. However, this
process came at the cost of dismantling
the very economic rationale that laid
its foundation and undermining the
political architecture that gave the
impetus to its eventual evolution into
the era that we refer to as the second
wave of Globalization.
In the contemporary literature
there have been numerous accounts
on the impact of the second wave of
Globalization on various dimensions of
human endeavor at both the national and
international context. In the following
discussion, I would like to discuss the
impact particularly in the domain of
political representation and articulation
brought about by the Monetarist
economic paradigm, which replaced
the Keynesian orthodoxy and advanced
the second wave of Globalization.
I will conclude with some specific
examples of the impact from the
recent experiences from Europe in the
ongoing economic crisis.
The post Second World War
period saw the replacement of the old
economic orthodoxy of free market
economic philosophy, i.e., laissez
fair policies, with the Keynesian
revolution. The revolution brought
about a change in the political nature
of the State. While both fiscal and
monetary policies were informed by
scientifc research based on Keynesian
economic theory, the State was very
much seen as the implementer of
those policies. The post-war political
climate with systemic competition
between Western capitalism and Soviet
socialism also contributed to the winds
of change in economic thinking,
which in turn provided an economic
rationale for the welfare State. The
postwar reconstruction aid from the
US was instrumental, not by design,
in experimenting with the economic
policies of the Keynesian revolution
in Europe. Not only did Keynesian
policies demonstrate, based on the
new theory of how even unproductive
war expenditure could result in full
employment and turn around ailing
economies, it also provided the
intellectual basis for the politics of
social democracy, centered around the
notion of Nation State, to bring about
cooperation between the contending
economic classes of labor and capital.
Furthermore, with the advent of the
Welfare State, there followed one of the
most prosperous periods in European
history, the so-called Golden Age of
Capitalism.
The uninterrupted growth in
western economies created positive
feedback between the politics of the
Welfare State and Keynesian style
economic management. The State was
seen as the driver of the economy and
its political nature was not questioned.
More importantly, State action was not
seen as detrimental to the interest of
capitalists as long as Keynesian style
class cooperation created investment
climate conducive to private investment
driven by proft. However, proft as the
engine of growth slowed down with an
ensuing proft squeeze in the 1970s and
the limit to such cooperation began to
emerge. The twin oil shocks (1973 and
1979) created infationary pressures
on already stagnating economies
and questions were raised about the
suitability of Keynesian policies, which
by then had become conventional
wisdom.
Economists led by Milton Friedman,
in particular, began to question the
established doctrine of Keynesianism
by arguing that the economic policies
of the State, fiscal and monetary
policies in particular, were shown
to distort the expectations of the
economic agents and thus their supply
decisions in the short-run, with no
real impact on the macroeconomic
level of output and employment in
the long run. The second phase in the
development of Friedmans theory,
often referred to as Monetarism Mark
II, or the New Classical School
led by Robert Lucas went further
and demonstrated the ineffectiveness
of monetary and fiscal policies by
arguing that workers are endowed
with rational expectations, which
gives them the knowledge to know the
exact consequences of such policies,
would not alter their supply decisions,
and hence there would be no impact
of these policies for macroeconomic
output and employment even in the
short-run this is the so called policy
ineffectiveness argument.
The Monetarist counter-revolution
had profound impact on the style of
economic management. The Policy
Ineffectiveness argument was used
effectively to argue that rational
economic agents would adjust their
supply decisions even when the policy
is simply announced by the monetary
authority or the State. This allowed
them to take the argument further
and claim that given its political
compulsions, the democratic State
may not be in a position to stick to its
monetary policy commitments. Hence,
it was argued that the inconsistencies
arising out of such a discretionary
policy making of the State would
only lead to negative impact on the
sentiment of the investor and thereby
affect their supply decisions. Thus,
the Monetarist counter-revolution
argued for an independent monetary
authority, viz., the Central Bank that
would conduct a rule-based monetary
policy devoid of political interference
from the State, and the process of
delinking politics of the State from the
conduct of the monetary policy was set
in motion.
The idea of an independent,
objective, non-partisan and apolitical
Central Bank targeting exclusively
Not only did Keynesian policies
demonstrate, based on the
new theory of how even
unproductve war expenditure
could result in full employment
and turn around ailing
economies, it also provided
the intellectual basis for the
politcs of social democracy,
centered around the noton of
Naton State, to bring about
cooperaton between the
contending economic classes of
labor and capital.
20 YOJ ANA August 2013
the infation rate resonated well within
the fnancial community and it was
implemented in New Zealand, and
soon was followed by many developed
and developing countries. Thus the
monetarist counterrevolution, like the
Keynesian Revolution, redefned the
role of the State in the economic sphere.
In the pursuit of its ideal of a minimalist
it took away from the state, as a frst
step, its control over monetary policy.
However, fscal policy still remained
within the control of the State.
The Monetarist counter-revolution
provided a perfect economic rationale
for the conservative political ideology
that advocated a minimalist state. Thus,
the economics of the counter-revolution
and the politics of Conservatism
centered on the minimalist State aligned
perfectly at the turn of the 1980s and
the stage was set for the development
of an unfettered fnancial sector around
the globe. Fiscal policy was reined
in to create a conducive tax climate
to boost private investors sentiment
vis--vis the fnancial markets. Even
though the financial market went
through a few shocks in the late
1980s and the 1990s, e g, the 1987 one-
day crash and the dotcom meltdown
in 2000, the resilience of the modern
fnancial sector was hailed as robust
and its contribution to the overall
prosperity of the economic expansion
was applauded.
The Monetarist orthodoxy that
dislodged the State from its monetary
policy commitments using the logic
of market sentiments got irrevocably
locked into the very process in a
self-referential way. The monetary
policy was conducted by independent
Central Banks, which supported the
expansion of the fnancial sector that
was to be overseen by an objective
and scientifc risk-rating mechanism.
The Credit rating agencies provided
such a service and gradually became
the underwriters of risk for the
entire fnancial system, including the
Central Banks for their open market
operations conducted within the ambit
of monetary policy. It was believed
that the apparently objective and
scientific process of under writing
risk provided a perfect barometer that
gauged market sentiments. In this
process, the logic of market sentiments
became institutionalized via the risk-
rating mechanism of the credit rating
agencies. A pliable theory was restored
from pre-Keynesian history to put in
place a perfect self-referential setting
by which an independent Central Bank
was assumed to deliver consistent
and credible monetary policies that
supported the expansion of the fnancial
sector, which was certified in turn
as sound by a presumably objective
process of risk- rating by the credit
rating agencies. The result was massive
financialization driven by financial
innovations justified by this self-
referential logic, which circumvented
the State during the so-called second
wave of globalization.
During this expansion, it was
understood that fnancial innovation,
which improved the effciency of the
resource allocation function of the
fnancial market, combined with the
objective of a scientifc underwriting
process would improve the resilience of
the overall fnancial system by sharing
and distributing risk. A competitive
market for the underwriting process
developed and the effciency of that
market was considered vital for the
resilience of the fnancial system and
the overall economy. As the process
of financialization deepened, the
business and infuence of the credit
rating agencies grew in proportion
and began to shape market sentiments,
and their activities became integral to
the functioning of the modern market
economy.
The catastrophic collapse of the
financial markets in 2008 and the
ensuing economic crisis in the western
economies did not affect the infuence
of either the credit rating agencies
or the Monetarist orthodoxy. On the
contrary, both the monetarist orthodoxy
and the credit rating agencies that
endorsed the rising level of systemic
risk due to the fnancial innovation
prior to the crisis have strengthened
their position, which now seems
politically unassailable despite the
deepening of the crisis. In fact, using
the current crisis the credit rating
agencies have moved beyond rating
the risk of private fnancial institutions
to decisively underwrite the capacity
of the Nation State in conducting
its economic affairs. In fact, in the
current crisis the rating agencies began
to perform the role of enforcer of
discipline, i e, disciplining the State
from its extravagances via the rating
of sovereign debt using the objective
and scientifc underwriting process,
reinforcing the dominance of the
monetarist orthodoxy and providing
a great opportunity to implement
its vision of a minimalist state.
Their power does not merely stop
at limiting the State and its agencies
from borrowing from the market, it
goes beyond the bond markets into
the realm where it is beginning to
reshape the politics of representative
democracy in the conduct of the fscal
affairs of the state.
The economic rationale for delinking
politics from fscal affairs is to eliminate
uncertainties concerning the conduct of
economic policy in general and fscal
policy in particular. The discretionary
nature of fscal policy is questioned
because it adversely affects investors
expectations and market sentiments, and
it is desirable to minimize uncertainties
in the conduct of fscal policy. This
argument echoes the 1980s debate
when monetary policy was delinked
from the politics of the State on the
ground that discretionary monetary
policies induced inconsistencies in the
investors expectations about future
policy change, which, in turn, adversely
affected market sentiments. Similarly,
it is now argued that discretionary
fiscal policy should be replaced by
fscal policy rules, which enhance
transparency and consistency to sustain
the stability of the markets.
The Monetarist counter-
revoluton provided a perfect
economic ratonale for the
conservatve politcal ideology
that advocated a minimalist
state. Thus, the economics of
the counter-revoluton and
the politcs of Conservatsm
centered on the minimalist
State aligned perfectly at the
turn of the 1980s and the stage
was set for the development of
an unfetered fnancial sector
around the globe.
YOJ ANA August 2013 21
Such a move to impose fscal policy rules without
discretion and separating it from political pressures is
clearly articulated in the economic policy framework of the
European Central Bank (ECB). The framework is succinctly
described by the ECB as follows:
The (Maastricht) Treaty foresees three different modes
of policy-making in the various felds of the European
Monetary Union: (i) full transfer of competence to the
Community level for monetary policy; (ii) rules-based
coordination of fscal policy; (iii) soft coordination for
other economic policies (ECB 2008: 22).
The European Central Bank (ECB), having reached
the limit of maneuverability in terms of monetary policies,
has broadened its remit by using its technical capacity to
advise and infuence both the formulation and conduct of
fscal and other structural policies in the member countries
of the Eurozone. Drawing from the intellectual wisdom of
the New Consensus Macroeconomics, a revised version of
the Monetarist paradigm, the ECB has been pushing the so-
called expansionary fscal austerity or fscal consolidation
view in the conduct of fiscal policy to boost market
sentiments in favor of the troubled countries, viz, Ireland,
Italy, Greece, Portugal and Spain. Moreover, the ECB has
also been using the soft coordination approach using both
peer pressure and support and, more importantly, the logic
of market sentiments to infuence the structural policies in
reforming the labour markets in the troubled countries.
Unsurprisingly, academic research under the infuence
of monetarist orthodoxy analyses the shortcomings of the
diversity and wider political representation in government.
Its recommendations articulate a case for reshaping
institutions that govern decisions over public fnances.
Three types of fscal institutions are prescribed: (1) Ex ante
rules, such as constitutional limits on defcits, spending or
taxes, (2) electoral rules fostering political accountability
and competition, and (3) procedural rules for the budget
process. Research on these types of fscal institutions, a
preoccupation in the 1990s, has produced voluminous
literature, which in turn has provided the intellectual basis
for the argument of conducting rule-based fscal policy
for minimizing the distortionary effects of discretionary
policymaking by coalition governments in the west and
developing countries.
Paradoxically, the economic paradigm founded on the
logic of market sentiments that drove the Western economies
to the brink of disaster has now become the economic
rationale for the basis of economic recovery and for
reforming the State. Furthermore, insulating policymaking
of the State and its institutions from the so-called political
pressures seems to be the emerging politics of this crisis and
is being aggressively enforced through the veil of market
sentiments. Thus it could result in delinking and disengaging
the politics of representative democracy from the conduct
of economic policies of the State, which is tantamount to
undermining the very foundations of democracy. q
(Email: [email protected])
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22 YOJ ANA August 2013
HRE E val ues
guide this paper:
peace, f reedom
and equality. These
val ues are al so
presupposed by
the idea of an inclusive society.
Surely part of what is meant by
the term inclusive society in the
contemporary context is that it should
be a community of free and equal
persons. In our discussions, it is not
inclusion per se that is at issue but
voluntary inclusion on fair and equal
terms. Indeed we might even say that
inclusion here is a term of art of which
freedom and equality are constitutive
features and peace its necessary
precondition. Thus contemporary
emancipatory movements do not aim
to include people only in order to rank
them in political, social or cultural
hierarchy. Nor is their objective to
bring people into an oppressive order.
They are propelled by the belief that
freedom and equality for all can only
be enhanced by inclusion.
I ncl usi on on fai r and equal
terms can be approached in two
different ways, however. The narrow
approach conceives equality in purely
distributional terms and takes material
resources as the unit of distributive
equality. Freedom is conceived here
as the absence of constraints on
equal access to these resources or as
Secularism and Inclusive Society
STATE AND RELIGION
Rajeev Bhargava
DEEP EYE
Indian secularism
then is an ethically
sensitive negotiated
settlement between
diverse groups and
divergent values
T
The author is Senior Fellow and the Director of Centre for the study of Developing Societies, Delhi. He has taught in many
universities abroad and has been a visiting fellow at Harvard, Columbia Belfast, Bristol and J erusalem. He has also been a fellow
at the Wissenschaftskolleg, Berlin and Institute of Human Sciences, Vienna.
the ability of individuals to use these
resources to achieve their very own
preferred projects. Without denying
this, the broader, more sophisticated
approach avoids the goods-fetishism
which mars the narrow view. For
the sophisticated approach, moral
equality, the treatment of people as
equals is an important human concern
and is not reducible to economic
equality. Each of us wishes to be
equally respected for the ability to
conceive or freely endorse meaningful
projects and to live a life that we have
reason to value. People may possess
identical material resources and yet be
treated as unequal because of social
stigma or due to the denigration of the
world-view that informs their way of
life and frames their identity. Our self-
respect, self-worth and self-esteem is
bound up with more than the sum total
of goods in our possession or with
what we are able to do with them. It
is also linked to the recognition of the
cultural and ethical framework(s) that
help us orient to the world and enable
us to gain self-understanding.
These frameworks may be religious
or non-religious but they all have
a constitutive link with culture and
ethics. An important assumption of
this paper is that a cultural/ethical
framework plays an indispensable
and extremely signifcant role in the
lives of human beings. The second
YOJ ANA August 2013 23
assumption of the paper is that no
single framework gives overall
meaning to the life of all human
beings. If it is neither possible nor
desirable to eliminate cultural, say
religious pluralism, then, on the
sophisticated view, there is an urgent
need to articulate notions of freedom
and equality that take into account
or are compatible with a plurality
of religious identities and ethical
orientations.
The principal claim of my paper
is that secularism as it is developed
in I ndia is central to a morally
defensible inclusive society, i.e. a
society free, among other things, of
religious or religion-based exclusions,
oppressions and more generally forms
of domination. I wish to stress that
only the Indian version appropriately
interpreted and not just any model
of secularism will help deliver an
inclusive society. After all there are
many versions of secularism that
have been conceived in the world,
the French, American and European
to name a few. None of these are
helpful under current conditions of
deep religious diversity.
Let me explain. Most societies
today are characterized by religious
diversity. The pressing question
before us, then, is how we deal with
this diversity and the problems that
accompany it. What do I mean by
religious diversity? To begin with it,
I mean diversity of religion. Diversity
of religion exists in a society when
it has a populace professing faith
in, say, Christian, J ewish, or Islamic
ideals. A society has deep diversity
of religion when its people adhere to
faiths with very diverse ethos, origins,
and civilizational backgrounds. This
happens, for example, when a society
has Hindus and Muslims or Hindus and
J ews or Buddhists and Muslims and
so on. The second kind of diversity is
within religion. This diversity may be
of two kinds. The frst might be called
horizontal diversity, which exists when
a religion is internally differentiated.
For example, Christianity has different
confessions, denominations, and
sects. Muslims are divided into Shia,
Sunni, Ismaili, Ahmedi, and so on.
Likewise, Hindus could be seen to
be differentiated into Vaishnavite
and Shaivite and so on. Religions are
characterized, however, by another
kind of diversity, which may be
called vertical diversity. Here, people
of the same religion may engage in
diverse practices that are hierarchically
arranged. A religion might mandate that
only some may engage in certain kind
of practices and others are excluded
from them. For example, caste-ridden
Hinduism makes a distinction between
pure and impure practices. Practices
performed by certain castes are pure,
and members of other castes are
excluded from them. For instance,
women or dalits may not be allowed
entry into the inner sanctum of temples
and in many cases even into the
precincts of an upper-caste temple. This
example already brings home a point
that I ought to have made at the very
outset of this discussion. Every form of
diversity, including religious diversity,
is enmeshed in power relations. If so,
endemic to every religiously diverse
society, is an illegitimate use of power
whereby the basic interests of one
group are threatened by the actions of
another. It further follows that inherent
in religiously diverse societies is the
possibility of both interreligious and
intra-religious dominationa broad
term that encompasses discrimination,
margi nal i zati on, oppressi on,
exclusions, and the reproduction
of hierarchy. (Two other forms of
domination are also possible: the
domination by the religious of the
nonreligious and the domination of the
religious by the nonreligious).
This shift allows me to conceive
secularism as a response to deeply
distorted form of sociability within
the domain of religion. I t seeks
to facilitate better social relations
within and across religious groups.
Secularism in this view is not against
religiosity per se but is opposed to
institutionalized religious domination.
Allow me to draw an analogy with
one of the Karl Marxs better known
ideas. Marx had claimed that in order
for production of material goods to
take place, humans must enter into
relations with one another-production
relations. He further claimed that such
production frequently takes place
within structures of exploitation and
dominance. His entire project might
be viewed as an attempt to emancipate
the production process from distorted
human relations. Likewise, one might
view the production of symbolic
goods as requiring certain relations of
production. However, the production
of most symbolic goods including
rel i gi ous goods al most al ways
takes place under the conditions
of domination within and between
religions. Secularism might then be
viewed as an attempt to emancipate the
production of symbolic goods, values
and services from inter-and intra-
religious domination. Thats what I
mean when I say that secularism is not
against religiosity but fercely opposes
institutionalized religious domination.
To rescue secularism requires a
profound reconceptualization of what
secularism means.
How do these other secularisms
fare when judged from the standpoint
of this new way of conceptualizing
secularism, from the vantage point of
inter- and intra-religious domination.
And what are these different versions
of secularism?
Five Models of Separation
The separation of religion and state
and a commitment to some ethical or
Every form of diversity,
including religious diversity,
is enmeshed in power
relations. If so, endemic to
every religiously diverse
society, is an illegitimate use
of power whereby the basic
interests of one group are
threatened by the actions of
another.
24 YOJ ANA August 2013
moral ends are shared by all political
secularisms. All politically secular
states separate themselves from
religion at the level of ends- none
espouse the goals exclusively of
any one religion, or for that matter,
only of religion. (level 1) They also
espouse institutional separation. The
personnel and organizational structure
of the state and the personnel and
organizational structure of religions
are also separated. (level 2) However
two sources of plurality exist. First,
secularism anywhere in the world
means a separation of organized
religion from organized political
power inspired by a specifc set of
values. J ust as without separation
there is no secularism, just so a value-
less separation does not add up to
secularism. In this sense, secularism
is a universal normative doctrine. But
it does not follow that these elements
are interpreted or related to each other
in any one particular way or that
there is a single ideal way in which
they should be interpreted or related
to one another. Many ways exist of
interpreting these elements as do
different ways of relating them. Each
conception of secularism may unpack
the metaphor of separation differently
or select different elements from the
stock of values that give separation
its point. It may also place different
weights on the same values.
These values of peace, toleration,
religious liberty and citizenship rights
can be construed individualistically,
non-individualistically or both. To
conceive values individualistically
is to think of peace as a condition
among atomistic individuals, to
think of toleration as a matter purely
of a particular manner in which an
individual relates to other individuals,
to view religious liberty and citizenship
rights as a property exclusively of
individuals. To think of these same
values non-individualistically is
to think of peace and toleration as
a relation between communities,
religious liberty as the autonomy of
religious communities to conceive and
live their collective life as they deem
ft and citizenship rights as rights that
accrue to their bearers by virtue of
their membership in a community.
Second, value based secular states
differ from one another in how they
unpack the metaphor of separation,
in their respective understanding of
relationship with religion at another
third level, the level of law and public
policy. At this level separation might
be understood as exclusion, neutrality
or distance. Furthermore, exclusion
may be one-sided or mutual and
distance, opportunistic or principled.
Keeping the above in mind one might
say that they are atleast fve modes or
models of political secularism.
In the first model, some states
are committed, at the third level, to
strict disconnection, by which they
mean mutual exclusion of religion
and state. Such states maintain a
policy of strict or absolute separation.
Here, religion is excluded from the
affairs of the state, but the state,
too, is excluded from the affairs of
the religion. The state has neither a
positive relationship with religion-for
example, there is no policy of granting
aid to religious institutions-nor a
negative relationship with it. It is not
within the scope of state activity to
interfere in religious matters, even
when the values professed by the state
are violated. This model is exemplifed
by the dominant understanding of the
US model.
The second model states reject
complete disconnection and adopt
instead a policy of one-sided exclusion
of religion from state. Such states
exclude religions in order to control
or regulate them and sometimes even
to destroy them. This control may be
exercised by hindering religions or
sometimes even by helping them, but
the motive in both cases is to control
them, largely because of the belief
that religion is false consciousness or
obscurantist or superstition or because
they see religion as intrinsically
oppressive and hierarchical. Thus,
intervention in religion may be
justifed also on grounds of freedom
and equality. Such secular states, are
decidedly antireligious.
The third model is found in several
West European countries. Here, there
exists virtual disconnection at levels
A and B. However, at level C, at the
level of law and public policy, instead
of inhabiting or controlling religion,
the state supports one religion, the
dominant one.
The f ourth model i gnores
individualistically construed values
and thinks of secular as facilitating a
certain mode of sociability between
different religious communities.
Thus, the state must keep distance
from all religions in order to keep
peace and harmony among them and
teat all of them with respect This is
how doctrinally the Indian model is
sometimes understood.
Although I do not have the time to
substantiate my claim here, all these
versions of secularism neglect one or
the other crucial moral dimensions.
They allow either inter-or intra-
religious domination or both.
Indian Constitutional Secularism
There i s another model of
secul ari sm, one not generated
exclusively in the West, which meets
the needs of deeply religiously diverse
societies and also complies with
principles of freedom. Equality
and fraternity: the Indian model. In
India, the existence of deep religious
diversity has ensured a response to
problems not only within religions but
also between religions.
Separation might be
understood as exclusion,
neutrality or distance.
Furthermore, exclusion may
be one-sided or mutual
and distance, opportunistic
or principled. Keeping the
above in mind one might
say that they are atleast five
modes or models of political
secularism.
YOJ ANA August 2013 25
Al though not avai l abl e as a
doctrine or theory, such a conception
was worked out jointly by Hindus,
Muslims and other religious groups
in the subcontinent and can be
found in the best moments of inter-
communal practice in India and in the
countrys constitution, appropriately
interpreted. In India, the existence of
deep religious diversity has ensured
a conceptual response not only to
problems within religions but also
between religions. Without taking it
as a blue print, the west must examine
the Indian conception and possibly
learn from it.
Seven features of the Indian model
are striking and relevant to wider
discussion.
First, multiple religions are not
extras, added on as an afterthought,
but present at its starting point, as part
of its foundation.
Second, it is not entirely averse
to the public character of religions.
Although the state is not identifed
with a particular religion or with
religion more generally (there is
no establishment of religion), there
is official and therefore public
recognition granted to religious
communities.
Third, it has a commitment to
multiple valuesliberty or/and
equality, not conceived narrowly
as pertaining to individuals but
interpreted broadly to cover the
rel ati ve autonomy of rel i gi ous
communities and equality of status in
society, as well as more basic values
such as peace and toleration between
communities. This model is acutely
sensitive to the potential within
religions to sanction violence.
Fourth, it does not erect a wall of
separation between state and religion.
There are boundaries, of course, but
they are porous. This allows the state
to intervene in religions, to help or
hinder them without the impulse to
control or destroy them. The state
has multiple roles, such as granting
aid to educational institutions of
religious communities on a non-
preferential basis or interfering in
socio-religious institutions that deny
equal dignity and status to members
of their own religion or to others (for
example, the ban on untouchability;
the obligation to allow everyone,
irrespective of caste, to enter Hindu
temples; and potentially to correct
gender inequalities), on the basis
of a more sensible understanding
of equal concern and respect for all
individuals and groups. In short, it
interprets separation to mean not
strict exclusion or strict neutrality
but rather what I call principled
distance.
Fifth, this model shows that we
do not have to choose between active
hostility and passive indifference
or between disrespectful hostility
and respectful indifference toward
religion. We can combine the two:
have the necessary hostility as long
as there is also active respect; the
state may intervene to inhibit some
practices, so long as it shows respect
for other practices of the religious
community and does so by publicly
lending support to them.
Sixth, by not fxing its commitment
from the start exclusively to individual
or community values or marking
rigid boundaries between public
and private, Indias constitutional
secularism allows decisions on these
matters to be taken either within the
open dynamics of democratic politics
or by contextual reasoning in the
courts.
Seventh, this commitment to
mul ti pl e val ues and pri nci pl ed
distance means that the state tries
to balance different, ambiguous
but equally important values. This
makes its secular ideal more like
a contextual, ethically sensitive,
politically negotiated arrangement
(which it really is), rather than
a scientific doctrine conjured by
ideologues and merely implemented
by political agents.
A somewhat forced, formulaic
articulation of Indian secularism goes
something like this. The state must
keep a principled distance from all
public or private, individual-oriented
or community-oriented religious
i nsti tuti ons for the sake of the
equally signifcant (and sometimes
conflicting) values of peace, this-
worldly goods, dignity, liberty,
and equality (in all its complicated
individualistic or non-individualistic
versions). Indian secularism then
is an ethically sensitive negotiated
settlement between diverse groups
and divergent values.
I believe that this constitutional
secularism is properly understood or
defended neither in India nor in the
west. This fawed self-understanding
of secularism is one reason why it is
abandoned and under-appreciated.
Western states need to improve the
understanding of their own secular
practices just as western secularism
needs a better theoretical self-
understanding. Rather than get stuck
on a model they developed at a
particular time in their history, they
would do well to learn from the
original Indian variant. Equally, both
the self-proclaimed supporters of
secularism and some of its misguided
opponents could learn from examining
the original Indian variant. Indeed it
is my conviction that many critics of
Indian secularism will embrace it once
they better understand its nature and
point. Once they do so, they can also
help build a more inclusive society in
India. q
(Email: [email protected])
There is another model of
secularism, one not generated
exclusively in the West,
which meets the needs of
deeply religiously diverse
societies and also complies
with principles of freedom.
Equality and fraternity: the
Indian model.
26 YOJ ANA August 2013
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YOJ ANA August 2013 27
T IS now well established
that economic growth and
prosperity in India has
generally bypassed a large
number of marginalised
and disadvantaged people
such as the dalits, adivasis, nomadic
tribes, women, slum and pavement
dwellers, the disabled and old people,
and people living in remote areas, who
have remained voiceless and ignored.
The crux of such a hopeless situation
for them lies in their inability to access
and retain their rightful entitlements
to public goods and services due
to institutionalised structures and
processes of exploitation.
Excluded groups are disadvantaged
in many ways. They are victims of
prejudice, are ignored, and are often
treated as less than human beings by the
village elite and government offcials.
They live in remote hamlets and are
thus geographically separated from the
centres of delivery. Their hamlets are
scattered so that the cost of contacting
them is higher. Finally it is their
extreme poverty that prevents them
from taking advantage of government
schemes, whether it is free schooling
(children are withdrawn because their
labour is needed at home or for work),
or immunization (they migrate along
with their parents and therefore not
present in the village when the health
worker visits).
Challenges of the Marginalised
INCLUSIVE DEMOCRACY
N C Saxena
GRASSROOTS
The strategy for
inclusive growth
should not be just a
conventional strategy
for growth to which
some elements aimed
at inclusion have
been added. On the
contrary, it should
be a strategy which
aims at achieving
a particular type of
growth process which
will meet the objectives
of inclusiveness and
sustainability
The 12
th
Five Year Plan, as expected,
gives a high priority on paper to
inclusive growth and reduction of
inequality, but the past trends have not
been very encouraging, as inequality
seems to be going up, and the much
needed policies and programmes for
the disadvantaged are still to be put
on ground.
Dalits Various feld studies show
that untouchability is still practiced in
many forms throughout the country.
Dalit women suffer the triple burden
of caste, class and gender, and continue
to routinely suffer sexual abuse and
rape by upper-caste landlords in many
parts of the country. Dalit women are
also raped as a form of retaliation. No
one practices untouchability when it
comes to sex.
I n towns and cities, however,
there is far greater anonymity and
occupational mobility, which enables
blurring of caste identities. It has been
documented that urban migration by
dalits is often impelled not only by
economic compulsions, but also by the
desire to escape the social degradation
of untouchability.
In rural India a majority of them,
being poor and assetless, are mainly
engaged as agricultural labourers.
In addition, they continue to derive
livelihood from occupations like
scavenging, faying, tanning etc. To
break the caste-based occupational
I
The author is currently Member of the National Advisory Council. He retired as Secretary, Planning Commission. He did his
Doctorate in Forestry from the Oxford University. He was awarded honorary Ph.D from the University of East Anglia in 2006.
28 YOJ ANA August 2013
stereotyping, special efforts need to be
made to encourage them to make the
best use of the educational concessions
and programmes being extended
by the Government. Also, there is a
need to vocationalise the education
right at the middle-school level to
promote occupational mobility for
these groups.
Further, their settlements in many
areas continue to be in the outskirts
and in seclusion from the mainstream
settl ement mani festi ng soci al
segregation. Also, their dwellings are
still devoid of basic minimum amenities
like safe drinking water, health and
sanitation, roads etc. Therefore, special
packages of basic minimum services
viz. safe drinking water; nutrition
supplementation; primary health care;
primary education and employment-
cum-income-generation activities
needs to be designed/developed to cater
to the dalit Clusters/Bastis.
Scheduled Tribes- From the
viewpoint of policy, it is important to
understand that tribal communities are
vulnerable not only because they are
poor, assetless and illiterate compared
to the general population; often their
distinct vulnerability arises from their
inability to negotiate and cope with the
consequences of their forced integration
with the mainstream economy, society,
cultural and political system, from
which they were historically protected
as the result of their relative isolation.
Post-independence, the requirements
of planned development brought with
them the spectre of dams, mines,
industries and roads on tribal lands.
With these came the concomitant
processes of displacement, both
literal and metaphorical as tribal
institutions and practices were forced
into uneasy existence with or gave way
to market or formal state institutions
(most signifcantly, in the legal sphere),
tribal peoples found themselves at a
profound disadvantage with respect to
the infux of better-equipped outsiders
into tribal areas. The repercussions
for the already fragile socio-economic
livelihood base of the tribals were
devastating ranging from loss of
livelihoods, land alienation on a vast
scale, to hereditary bondage.
As tribal people in India perilously,
sometimes hopelessly, grapple with
these tragic consequences, the small
clutch of bureaucratic programmes
have done little to assist the precipitous
pauperisation, exploitation and
disintegration of tribal communities.
Tribal people respond occasionally
with anger and assertion, but often
also in anomie and despair, and suffer
silently.
We recommend that state
governments launch a drive to prevent
land alienation and to restore lands lost
by the adivasis in the last two decades.
Secondly, Constitutional guarantees to
them regarding protection of religious
and cultural rights must be fully
honoured. These are also reflected
in the Panchayats (Extension to the
Scheduled Areas) Act of 1996 (PESA)
for Schedule V areas, but unfortunately
not fully observed in the feld. Let us
hope that the new Land Acquisition
Bill will ensure that their lands are
not taken away without their informed
consent and full rehabilitation. Lastly,
community rights enshrined in the
Forest Rights Act are still to be given
to them on ground.
The Ministry of Tribal Development
and the Ministry of Social J ustice and
Empowerment should play a more
activist role in addressing these issues
by pursuing them with the concerned
Ministries.
Women The decline in the
juvenile sex ratio over the last decade,
visible in the data from Census 2011,
is an indication that the Constitutional
assurance of freedom and equality for
women is still far from being fulflled.
While the literacy rate has gone up,
273 million people in India were still
illiterate in 2011, of which two-thirds
were women.Despite womens vital
contribution to agriculture and allied
sectors in India, they lack control over
productive assets (land, livestock,
fsheries, technologies, credit, fnance,
markets etc.), face bias due to socio-
cultural practices, experience gender
differentials in agricultural wages and
decisions concerning crop management
and marketing.
Even though the legal framework
on succession has been amended in
favour of women in 2005 with the
deletion of the gender discriminatory
clause on inheritance of agricultural
land, neither the Ministry of Women &
Child Development nor the Department
of Land Resources have taken any
interest in pursuing the implementation
of this law. The net result is that
daughters still do not inherit agricultural
land in actual practice. These two
Ministries should launch a campaign
to correct revenue records and ensure
that womens land ownership rights
are properly recognized and recorded
by the States.
Asset redistribution is superior
to income redistribution. It provides
a basis for overcoming distortions
in the functioning of markets and
for restructuring gender relations
in the fields of property rights,
access to technology, healthcare
and governance. Asset ownership
and control rights are preferable to
numerous policy alternatives for
womens empowerment. These are
likely to bring in changes in public
opinion about gender roles and social
cultural norms of deep-seated social
inequalities of women such as the
As tribal people in India
perilously, sometmes
hopelessly, grapple with these
tragic consequences, the
small clutch of bureaucratc
programmes have done litle
to assist the precipitous
pauperisaton, exploitaton
and disintegraton of tribal
communites. Tribal people
respond occasionally with
anger and asserton, but ofen
also in anomie and despair, and
sufer silently.
YOJ ANA August 2013 29
household division of labour, restraints
on womens speaking in public,
constraints on womens mobility
and pervasive gender-based violence
within the home and outside.
Government schemes unfortunately
ignore intra-household inequities.
Currently food security schemes fail
to address the needs of single women
within the existing framework. Ration
cards are usually in the name of the
man, and in the case of separation the
wife does not have access to a card. The
new Food Security Bill should mandate
the provision of ration card only in
the name of women, who should be
declared as head of the household.
Some general issues
Inclusiveness is not just about
bringing those below an offcial fxed
poverty line to a level above it. It is also
about a growth process which is seen
to be fair by different socio-economic
groups that constitute our society.
We therefore recommend an effort at
least once every two years to not just
estimate these groups, but to conduct
a full listing. It is remarkable that
although persons deemed to be below
poverty line in rural areas have been
surveyed and listed, no such survey
has been undertaken for urban areas
since Independence, although around a
third of the countrys poor live in cities.
Government should therefore identify
and list the most poor and vulnerable
segments of urban populations by
identifying them along objective and
verifable criteria of vulnerability and
denial of rights. These are: a) place
of residence and access to public
services: (shelterless, unauthorized
slum dwellers, authorized slum
dwellers and residents of resettlement
colonies); b) social vulnerability:
children without protection and child
headed households, single women
and single women headed households,
disabled people, old people without
care givers, people in destitution; c)
vulnerable occupational categories:
such as rag pickers, casual daily wage
workers, rickshaw pullers, porters,
construction workers, street vendors,
domestic helpers etc; and d) affrmative
action categories: Scheduled Castes/
Scheduled Tribes, OBCs.
The government should ensure
within one year pensions for all aged
people above the age of 65 years who
in rural areas are landless, artisans,
and small or marginal farmers, and
all SC and ST aged persons; and in
urban areas all aged persons who are
residents of slums or homeless, and all
unorganised workers.
Many government programmes are
plagued by corruption, leakages, errors
in selection, delays, poor allocations
and little accountability. They also tend
to discriminate against and exclude
those who most need them, by social
barriers of gender, age, caste, ethnicity,
faith and disability; and State hostility
to urban poor migrants, street and slum
residents, and unorganised workers.
Overcoming corruption, theft,
leakages, ineffciencies, and constraints
of costs, are imperative, but still
not sufficient, in a highly unequal
society like ours, to overcome the
barriers that powerless and expelled
dispossessed people face to access
food and livelihoods with dignity. The
strategy for inclusive growth should
not be just a conventional strategy
for growth to which some elements
aimed at inclusion have been added.
On the contrary, it should be a strategy
which aims at achieving a particular
type of growth process which will
meet the objectives of inclusiveness
and sustainability. This strategy must
be based on sound macroeconomic
pol i ci es whi ch establ i sh the
macroeconomic preconditions for
rapid growth and support key drivers
of this growth. It must also include
sector-specific policies which will
ensure that the structure of growth
that is generated, and the institutional
environment in which it occurs,
achieves the objective of inclusiveness
in all its many dimensions. q
([email protected])
YOJANA
Forthcoming
Issues
September
Education for All
October
Growth, Employment and Poverty
September 2013
&
October 2013
30 YOJ ANA August 2013
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YOJ ANA August 2013 31
HURCHILL defned
democracy as the
worst f orm of
government except
for all those others
that have been
tried. Democracy, the least bad
system, has been the favour of the 21
st
century. According to Amartya Sen,
democracy remains the only system
of government that commands global
respect. Ironically, democracy is in
trouble in many places, even as its
triumph is proclaimed. There is a lot
of backsliding in a number of electoral
democracies as well as setbacks in
countries that experienced democratic
revolutions following the collapse of
the Berlin Wall. Larry Diamond, author
of The Spirit of Democracy, calls it
democracy recession. There is also
consolidation of dictatorships among
authoritarian rulers wary of democratic
advance in their neighbourhoods. Even
though democracy is not yet sell-
by-date, we may have progressed
democratically but democracy is
regressing.
Pitfalls of representative
Democracy
The dominant oligarchic system of
representative democracy cannot be
equated with democracy itself. Many
democracies have simply become
polyarchies. One of the major problems
with representative democracy is that
the business of government has become
Peoples Movement, a Quest
for Inclusive Democracy?
POWER TO THE PEOPLE
Ash Narain Roy
GLOBAL PERSPECTIVE
India has made
a departure from
benefts of growth
and trickle down
to inclusive
growth. Thanks
to the Panchayati
Raj, the country
is also moving
towards inclusive
governance
the privilege of the few. Representative
democracy emerged in the 19
th
century
in countries that had experienced an
industrial revolution. Given the context
of unprecedented production levels,
representative democracy came to
symbolise development and progress.
The experience suggests that instead
of becoming a bridge between state
and society, representative democracy
has practically become statist which
ends up excluding the vast majority of
the population from political power.
Representative democracy is leading to
oligarchisation of political system.
What we see today is the historical
conflict between the autonomy/
democratic tradition and the heteronomy
tradition. The fundamental aim of those
inspired by the autonomy/democratic
tradition is the equal distribution of
all forms of power, particularly the
political and economic power, whereas
the aim of the heteronomy tradition
is to produce and reproduce forms
of social organisation based on the
concentration of power.
Of course there have been efforts
to reform representative democracy.
But this reform has meant what Italian
writer Giuseppe Tomasi di Lampedusa
says changing everything so that it can
stay the same. In fact, what needs to be
done is to question it. That is the only
way we dont lose it. Representative
democracy institutionally stifles
political participation. Democracy
C
The author is Director, Institute of Social Sciences, New Delhi, holds a doctorate from the J awaharlal Nehru University, specializes in Indian politics,
foreign affairs, and in particular Latin American issues. He was a visiting scholar at the prestigious EI Colegio de Mexico and has been given several
awards and fellowships, including as frst recipient of the Appan Menon Memorial Award.
32 YOJ ANA August 2013
should not mean only voting. It is a
poor substitute for democracy which
requires direct action by concerned
citizens.
I n the present age of hyper-
information communications have
changed. The way citizens connect
themselves with each other has
also changed. Social networks have
allowed social dialogue to become
more horizontal. It has endowed the
public with the power to decide on
what is germane to their lives. Social
movements have come to renew the
concept of citizen participation.
Democracy today has more
stakeholders than ever before. I t
is expanding beyond nation-state
and is becoming more inclusive
and participatory. Democracy has
become the politics of everyday life.
It is concerned with problems closely
related to peoples daily livesprimary
education, health, livelihood etc. More
importantly, politics of everyday life
is rooted in civil society. Inclusive
democracy is a process and framework
in order to include women and marginal
social groups in a democratic dialogue
and process. This is what has been
called politics of difference.
Inclusive Democracy
The gradual shift from representative
to participatory democracy is there
for all to see. Suddenly, new actors
have appeared on the political scene.
There has been a displacement of
power upward (transnational networks,
i nternati onal organi sati ons and
big global companies), downward
(local governance institutions) and
outward (communities and non-
proft organisations, NGOs and civil
societies). A new geometry of power
is shaping up and a new geography of
below is emerging. The new pyramid
of democracy has three distinct features.
First, we see a new phenomenon of
empowered citizens and weakened
leaders. Second, the public space is
emptying at the top and flling up at
the bottom. Third, there is withering
away of institutional politics and the
dominance of day-to-day concerns.
With governance moving beyond
governments, power that is being
created in and amongst people by the
new social movements is not located
in the state or in formal institutions
of power. What these movements are
creating are new and different forms of
power. It is living and changing power,
it is power as potential and capacity.
Whether it is Africa, Latin America
or Asia, the poor and the marginalised
people are rising up, challenging
the system that has kept them poor
and pursuing a new course. In Latin
America, for instance, most democratic
and social advances are not the result of
offcial policies but of social movements
harnessing their own power. Social
movements have been successful in
putting issues on the national political
agenda.
Soci al i ncl usi on i s the new
buzzword in much of the developing
world. It encompasses not just the
reduction of economic inequality but
also civil and political rights, greater
political representation and voice for
minorities and access to public and
private goods. Social inclusion requires
both economic development and a
proactive state.
Inclusion is a crucial instrument in
maintaining high levels of commitment
to democracy but also in ensuring the
legitimacy of democracy itself. The
World Summit for Social Development
in Copenhagen in 1995 sought to defne
inclusive society as a society for all
in which every individual, each with
rights and responsibilities, has an active
role to play. By this defnition, few
societies are inclusive.
An inclusive society is the one
where voices of people and their
needs and concerns are heard. An
inclusive society cannot be created just
through constitutional endowments. It
is important to ensure that citizens and
civil society participate meaningfully.
Inclusive democracy is a form of
organisation that re-integrates society
with economy, polity and culture.
Representation at different political
levels, equal rights to all groups of
citizens and redistributive justice are
the three key ingredients of inclusive
democracy.
Empowerment of indigenous
groups in Latin America
The indigenous people in Latin
America remained on the margin
for centuries. Their experience with
liberal democracy and neoliberalism
was one of systematic exclusion and
dispossession. Globalization only
further worsened their condition as the
development model that governments
followed were based on agreements
among nation-states, corporations and
fnancial institutions without the inputs
and consent of civil society. National
governments took upon themselves
to negotiate natural resources on the
international market with little concern
about whether these resources were
on indigenous lands. The structural
policies that various governments
followed meant moving economies
back to reliance on raw materials.
The social movements in Latin
America have sought to create a new
narrative for the indigenous groups,
challenging long held assumptions and
previous representations of culture,
history, race, gender, citizenship and
identity. Re-envisioning the past
has served to incorporate previously
marginalised peoples including
i ndi genous, Afro-descendants,
peasants, women and others who were
historically on the margins. The right to
be heard, to be seen, to be recognised,
and to be respected are at the core of
new movements. It has given a new
meaning to democracy.
Democracy today has more
stakeholders than ever before. It
is expanding beyond naton-state
and becoming more inclusive
and partcipatory. Democracy has
become the politcs of everyday
life. It is concerned with problems
closely related to peoples daily
livesprimary educaton, health,
livelihood etc. More importantly,
politcs of everyday life is rooted
in civil society.
YOJ ANA August 2013 33
The ci ti zens movement has
brought about signifcant change in the
architecture of the state. At least three
Latin American countriesVenezuela,
Bolivia and Ecuador now have new
constitutions that have conferred
signifcant rights on the indigenous
and others on the margins. The political
system has opened more channels for
the citizens participation through
constitutional mechanisms.
Environmental protection and
the struggle over natural resources
have long been of major concern for
indigenous peoples all over Latin
America. Exclusion of indigenous
peoples in policy making and water
management practice has led to
widespread protests throughout the
Andes. Massive uprisings against
privatization proposals of water rights
and resources put indigenous demands
on the agenda. The traditional struggle
for more equal land distribution
has been accompanied or replaced
by collective claims for more equal
water distribution, and for more
autonomy and respect for local cultural
practices.
In Bolivia, for example, the process
that succeeded the so-called water
wars received international attention.
In 2000, the streets of Cochabamba
filled with farmers, indigenous
groups, and poor city dwellers
protesting against privatization of the
drinking water company. The urban
population was furious because of
a huge rise in drinking water prices.
Alongside the poor urban population
sectors, peasant and indigenous rural
organizations joined the protest. The
new policies gave water exploitation
rights of large rural aquifers to the
new foreign drinking water company,
threatening local water management
systems. After a number of fierce
confrontations, also in subsequent
years, the protesting organizations
successfully demanded withdrawal of
the privatization policies.
The new constitutions of Ecuador
and Bolivia describe the two countries
as plurinational states. They allow
the participation of all the social
sectors and groups and guarantee
some specifc rights to the indigenous
nationalities. Thanks to empowerment,
the indigenous people in Ecuador
and Bolivia are well-organised at the
grassroots, regional and national levels.
They are demanding better access
to land, autonomy, basic services,
environmental protection and political
representation.
Ecuador is the first country to
incorporate rights of Nature in the
constitution. Nature has the right to
exist, persist, maintain and regenerate
its vital cycles, structures, functions
and its processes in evolution.
Non-Violence - a Key Weapon
Over the past decade, the indigenous
movements have gained traction. The
movements may be new but the struggle
is old. It stands frmly in the tradition
of human rights movements led by
the most oppressed: the Civil Rights
Movement in the US, the Independence
movement in India and the struggle to
end apartheid in South Africa.
Another interesting development
has happened which has bolstered
social movements. Peaceful movements
have played a significant role in
overthrowing dictatorial regimes. It
was not the leftist guerrillas of the New
Peoples Army who brought down the
Marcos dictatorship in the Philippines.
It was nuns praying the rosary in front
of the regimes tanks, and the millions
of others who brought greater Manila
to a standstill.
I t was not the 11 weeks of
bombing that brought down Serbian
leader Slobodan Milosevic. It was a
nonviolent resistance movement led
by young students, whose generation
had been sacrificed in a series of
bloody military campaigns against
neighbouring Yugoslav republics, and
who were able to mobilize a large
cross-section of the population to rise
up against a stolen election.
I t was not the armed wing of
the African National Congress that
brought majority rule to South Africa.
It was workers, students, and township
dwellers whothrough the use of
strikes, boycotts, the creation of
alternative institutions, and other acts
of defancemade it impossible for the
apartheid system to continue.
It was not NATO that brought down
the communist regimes of Eastern
Europe or freed the Baltic Republics
from Soviet control. It was Polish
dockworkers, East German church
people, Estonian folk singers, Czech
intellectuals, and millions of ordinary
citizens. Similarly, such leaders as
J ean-Claude Duvalier in Haiti, Moussa
Traor in Mali, King Gyanendra in
Nepal, General Suharto in Indonesia,
and, most recently, Maumoon Gayoom
in the Maldives were forced to cede
power when it became clear that
they were powerless in the face of
massive nonviolent resistance and
non-cooperation.
Social movements have challenged
the unequal state of the world and lack
of accountability in Egypt, Tunisia,
Greece, Spain, Ireland, US, Canada
and Latin America. The Arab Spring
was the result of new social actors,
mostly youth, both educated and
connected through mobile phones,
Twitter, Facebook etc. The protesters
came on to the street against old
and tired corrupt regimes that were
captured by authoritarian leaders and
their families and inner circles.
I n the aftermath of the Arab
Spring, the situation now seems fuid,
ranging from promising transition in
some countries to ongoing violence
and killing in Syria. The balance sheet
of the Arab Spring is a mixed bag.
Thanks to the social movements, a new
political culture has emerged: people
who disagree with the government and
Over the past decade, the
indigenous movements
have gained tracton. The
movements may be new but
the struggle is old. It stands
frmly in the traditon of
human rights movements
led by the most oppressed:
the Civil Rights Movement
in the US, the Independence
movement in India and the
struggle to end apartheid in
South Africa.
34 YOJ ANA August 2013
take to the streets have no reverence for
established power. The wall of fear has
collapsed. If the house wall is brought
down, one can rebuild the house. But
one can never build the wall of fear.
Debt crisis in southern Europe has
given birth to a new civil society. It has
been two years since the Indignados
(Outraged) took over public squares in
various parts of Spain to protest against
the economy being run for the benefts
of the banks and not the people. Given
the lack of accountability in the political
process, social movements are fnding
creative ways to give voice to those
suffering from the crisis. The entire
economic model stands discredited.
According to El Pais, 260,000 people
between 16 and 30 left Spain in 2012.
The Youth Without Future group is
collecting portraits of these young
Spaniards, holding up signs detailing
their stories of unemployment, exile
and insecurity under the slogan We
didnt leave; they threw us out.
The Indignados not only protested
against the crisis but also demanded
DemocraciaReal Ya (Real Democracy
Now). The experience of Spain, Greece
and elsewhere in southern Europe
suggests a patternsocial deprivation
coupled with a democratic process that
most people feel alienated from is a
recipe for social unrest.
Interestingly, the entire mobilisation
campaign in Europe has been very
inclusive. A broad consensus has been
reached regarding a few basic aspects
of the plan. The intention is not so
much to strike out at the powerful as
it is to isolate them and to build bonds
with average people rather than with
those who pull strings.
The social movements across the
world have been remarkable for having
transformed the silent frustration and
rage of millions of ordinary citizens into
a powerful collective condemnation of
the political/economic status quo.
Across the world, small numbers of
protesters have made a big noise about
the evils of capitalism but also pitfalls
of representative democracy. The
protests have occurred in spaces where
people did not belong, say in plazas
(New York), church steps (London)
and shopping malls (Madrid) where
protesters had no right to assemble. The
credit goes to the Occupy Movement
for dramatizing questions about public
spacewho owns it? Who can use it?
The movement must have an
agenda. After all, the indigenous
groups in Latin America and Canada
have not stopped at mere protests. It is
protest with proposal where positive
alternatives have been suggested. They
have come out with their own reform
proposals. The Indignados of Spain
are developing a new constitution.
I celands social movements have
revolutionalised their government
following the 2008 economic collapse.
The present network of outrage must
become a network of hope.
India an inclusive Democracy?
Has I ndi an democr acy
underperformed? Or have we expected
too much from our democracy? We
could have done better. But have we
fared too badly? At one level, we have
reduced our democracy to a never-
ending belittling scrap to the detriment
of governments and governance. We
may be discussing your corruption is
bad and mine is good. But we have
not thrown democracy to the dustbin.
The Indian democracy is of course
not perfect. In fact, the idea of perfect
democracy seems absurd. Democracies
exist in a constant state of tension and
incompleteness.
India is moving in the direction of
being an inclusive democracy. India
has begun to rise from below. The
Panchayati Raj has begun to change
the grammar of politics. Institutional
innovation is name of the game.
The empowerment of historically
disadvantaged groups like women,
SCs/STs in the PRIs has gone a long
way to deepen democracy. Inclusion is
a crucial instrument in maintaining high
levels of commitment to democracy
but also in ensuring the legitimacy
of democracy itself. The rationale for
empowering women, SCs and STs
is compelling: it promotes growth,
reduces poverty and leads to better
governance. Besides, equity is not a
question of numbers but of democratic
principle. Of course, a series of policy
interventions may be required to
improve inclusion and spread benefts
more equitably.
I ndi a needs to create soci al
citizenship which is the material
precondi ti ons for effecti vel y
participating in society. As long as
the disadvantaged, minorities and
the Adivasis feel othered, their
democratic citizenship will remain
at risk. In terms of access to and
control over land and other productive
resources, the poor, Dalits, women and
Adivasis have a long way to go. At least
in terms of policy formulations, India
has made a departure from benefts of
growth and trickle down to inclusive
growth. Thanks to the Panchayati Raj,
the country is also moving towards
inclusive governance. q
(E-mail : [email protected])
The movement must
have an agenda. Afer all,
the indigenous groups in Latn
America and Canada have
not stopped at mere protests.
It is protest with proposal
where positve alternatves
have been suggested.
Readers are informed that the Listings/Readings, wherever provided by authors, for the articles
published in this issue can be accessed on the website page of Yojana.
Readers may send in their views/suggestions on the articles published in Yojana at the
e-mail:[email protected]
YOJ ANA August 2013 35
J&K WINDOW
QAZIGUND-BANIHAL RAIL LINK INAUGURATED
FIRST WOMEN COOPERATIVE BANK IN JAMMU SOON
MAGNESITE PROJECT IN J&K TO BE COMMISSIONED BY DEC 2015
P
rime Minister Dr Manmohan Singh dedicated to people the much awaited Qazigund-Banihal rail link. With this
Kashmir Valley is all set to connect to the rest of the country through rail. Often described as the engineering
marvel, the 11.21 kilometer long Qazigund-Banihal tunnel is Asias second and Indias longest tunnel, piercing
through Pir Panchal range.
The inauguration of the Banihal-Qazigund railway line marks the realisation of a 124-year-old dream, that of a
Dogra ruler. Maharaja Pratap Singh conceived the idea of a J ammu-to-Kashmir line in 1889. The British proposed a
line between Srinagar and Rawalpindi in 1902 and then again in 1905, but the Maharaja wanted one between J ammu
and Srinagar. The project was put on hold until prime minister Indira Gandhi revived it in 1983. Though it will be a
truncated link with work yet to be completed on the Katra-Banihal section, it has reduced the distance between Banihal
(J ammu) and Qazigund (Kashmir) by half from 35 km by road to 17.5 km by train. The 11-km tunnel inaugurated
last week is India's longest; parallel to it runs a three-metre-wide road for use by small vehicles during exigencies,
especially during winters, when the rail tunnel is likely to be closed for days at a time. q
J
ammu will be soon having frst women cooperative bank. This was disclosed by Kailash Verma Chairperson J&K
Women Credit Cooperative Ltd and S K Sharma Principal CCM J ammu, at women empowerment awareness
camp organized by the J &K Women Credit Cooperative Ltd, at Ganjansoo in Marh block.
Kailash Verma said that out of Rs 1000 crore earmarked in current years union budget, for launching projects
for empowerment of women, the main feature of which is to make the women folk economically self dependent
by undertaking income earning ventures, cooperative banks exclusively for women are envisaged to be set up
in various states, to provide credit facilities to the women entrepreneurs. She added that the J &K Women Credit
Cooperative Ltd has already applied to the RBI for permission to setup frst women cooperative bank in Jammu.
The J &K Women Credit Cooperative Ltd has been already advancing loans to its women members for setting up
business ventures, to become economically self dependent. The J &K Women Credit Cooperative Ltd has so far
advanced rupees three crore seventy six lakh to its members for the purposes. The Ganjansoo branch alone has
advanced a loan of Rs 11 lakh to its members, belonging to border area, Mrs Verma added.
S K Sharma exhorted the women folk in the rural areas and particularly in the border belt to strengthen the J &K
Women Credit Cooperative movement and be benefted from its schemes of advancing credit to its members, for
undertaking self employment business ventures. q
T
he 30,000-tonnes per annum magnesite project in J ammu and Kashmir's Reasi district is likely to be
commissioned by December, 2015. Magnesite Project at Panthal area of Reasi is likely to be commissioned
by December, 2015, Minister of State for Industries & Commerce and Home, Sajjad Ahmad Kichloo,
was informed by the officials during his visit to Panthal-based Magnesite Project of J &K Mineral Development
Corporation Ltd, yesterday.
During the visit, the Minister took stock of ongoing works at the project site. The project is a joint venture
of NMDC Ltd and J &K Minerals Ltd. The project envisages setting up of 30,000 tonnes per annum Dead
Burnt Magnesia Plant at Panthal, Katra, officials said, adding that the product will be consumed by refractory
manufacturers for use in steel plant, cement plant.
The approval cost of the project is Rs 143 crore which may likely to go upto Rs 190 crore, they said. This
project will generate employment direct & indirect within the area and is likely to be commissioned by December
2015. q
36 YOJ ANA August 2013
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YOJ ANA August 2013 37
E M O C R A C Y
HAPPENS when people
voice. It happens when
people speak about
their needs, wants and
desires. This essay we
shall encounter three kinds of peoples
and why and how they voice. Those
people who have lots of money are
most vocal and speak a lot about their
desires. Those who have some surplus
money after meeting their needs are
able to talk about their wants. However,
those who have little money to meet
even their basic needs only seldom
voice. Democracy happens when many
people speak especially when those
who have little are able to say what
they feel. Those who have more money,
speak more.
Development is essentially related
to production of material goods and
services for consumption of people,
which is refected in indicators like
gross domestic production per capita.
The concept of development has been
further expanded to include education
and health. The expectation is that
those educated could contribute more
to production than the uneducated.
Similarly, healthier the population,
more is the desired production.
Unhealthy and uneducated population
is seen as worthless and a drain on
resources.
Democracy directs the process of
development. People who have lots
Peoples, Voices, Development and
Democracy
DEVELOPMENT & DEMOCRACY
Pradeep Bhargava
ANALYSIS
It is in the nature
of democracy
that it leaves
democratic spaces
where all people
could negotiate
their interests in a
legitimate manner
D
The author is Professor and Director of the G. B. Pant Social Science Institute, Allahabad. His research interests include
addressing peoples deprivations, marginalities, and their interface with education and civil society. He also worked with
Institute of Development Studies, J aipur.
of money and are enterprising require
avenues for investment, whence
growth takes place. Such people form
organizations that lobby for policies
and laws, rules and regulations to
make investment possible and also to
ensure returns on their investment. In
this manner, they contribute to material
progress of the economy. In a sense,
they are able to give direction to the
economy and thus play a legitimate role
in the system. Sometimes scrupulous
elements try and take an unjustifed
advantage in the system. It is in the
nature of democracy that lobbying
takes place and people are able to
take such advantages. However, there
are vigilant institutions that keep a
surveillance: Planning Commission,
Comptroller and Auditor General and
others. So democracy and development
do not follow a linear path. They
intertwine with one another and there
are several crusts and troughs that come
across their progress. More the money,
more could be lobbying and also undue
advantages. But democracy in India
has successfully overcome many such
situations when government and people
with money have been checked by
institutions and through elections. In
times to come when money increases
in scale, democratic institutions will
face new challenges.
People with some surplus money
wish to fulfll their wants. They need
avenues, goods and services on which
to spend their monies. They want malls
38 YOJ ANA August 2013
with goods like those sold in western
countries. They need restaurants
like those in the West. They want
new cars and roads. They want all
comforts. Governments who fulfill
such wants are described by these
people as development oriented. They
are the most vocal people and now
form a large middle class in India.
Their views are voiced in the media,
controlled by people who have lots of
money and who provide these people
the malls and restaurants. Media
makes this development and those
responsible for it more visible. It makes
all people aspire for such development.
In this manner development, media and
democracy get linked. Democracy lets
this happen. It lets media advertise for
more wants, let it create wants, and
make people aspire for more.
The third kind of people with little
money are in an overwhelmingly large
number. They are short of food, clothes
and shelter at all or some times in a
year. They are vulnerable to external
shocks, fall in prices of commodities
they produce, droughts, not being able
to repay debts. Governments all over
the world call them poor. Poor seldom
speak for themselves mainly from fear
and losing whatever little they have. In
trying circumstances they would exit
from wherever they be and migrate to
unknown lands. Otherwise, they rely on
increasingly fragile social relationships
and a very small asset base.
All political parties and many
NGOs and social activists claim to
understand and represent the third kind
of people. So people speak less but are
spoken about more. Various schemes
are designed by the state for their
benefts. In recent years, benefts have
been replaced by a rights and duties
framework. So people have a Right to
Information and the state is duty bound
to provide information in its domain.
They now have a Right to Work and the
state is duty bound to provide 100 days
of employment to a household in a year,
and soon there shall be a Right to Food
and the state would be duty bound to
ensure food to the needy. The Right to
Education ensures free education for all
children. These have become possible
in the democratic spaces where civil
society could voice for the poor and
advocate to the Parliament to make
laws and schemes for those in need.
The success of some of the above
rights being achieved could partly
be attributed to the judiciary, which
in a democracy could become voice
of the people who choose to remain
silent. The civil society judiciary
government have worked in tandem
in the democratic spaces in interest
of the people. Democracy allows this.
Such large rights based programmes
have been achieved without a very
large number of people speaking for
themselves, without their knowing
as to what is being thought about
them. Small groups of people led by
dynamic social activists and their
networks are able to mobilize people
for demonstrations at regular intervals.
The media would seldom cover these
stories. People participating in these
events are not good looking to come
on the screen. Besides their demands
would be a drain on the fscal, which
people with surplus money have to
pay through higher taxes. But it is
in the interest of the governments to
listen to them. Public Policy ensures
fulflling the demands to secure votes.
Such successful vertical movements of
social activists/civil society are unique
to the democracy in India. Government
respects these activists who are made
members of various Advisory Councils
or Committees and invited lecture in
government academies.
At their own initiative governments
ensure a lot of other programmes
for the people: housing, agricultural
and other credit, roads and other
infrastructure and so on. Political
parties in a democracy do not dare
discontinue such programmes.
While programmes are there for
peoples at their doorsteps some people
are not able to take full advantage of
these. The frst kind of people who have
lots of money have ways and means to
take advantage of say participation in
Special Economic Zones, real estate,
building infrastructure, telecom. In
all democratic societies including
USA, UK and J apan people with lots
of money are able to lobby for their
collective and individual interests.
This is how democracy functions:
elected representatives respond to
lobbists in a manner that their own
individual interests are also looked
after. Such deals are more likely to
happen in the democratic spaces than
in the regime of an ideal benevolent
dictator. Such situations are now more
frequent in India as well. In the newly
found environment the veil is thin and
it is easy to see through most deals. It
could thicken with time. The challenge
now therefore is to build institutions
that would be able to see through the
veil that shall thicken in a developing
economy. In a functioning democracy,
the veil and preventive institutions
shall exist simultaneously.
The middle class with some surplus
money is seldom satisfied with its
wants and would not like the same to
be curbed. When there was a hike in
petroleum prices in a demonstration
a strong man tied ropes on his back
and pulled his car. Another person
put his father on a cart that leopards
use and went around begging to buy
petrol. The government decision
prevailed showing its strength and
commitment to reduce fscal defcits.
In a democracy, the political parties
do make informed decisions on which
class of people to beneft at the cost
of others. For example, a high defcit
caused by subsidy to petroleum
products could lead to less resources
being available for an employment
guarantee programme. In a democracy,
the decision is weighed against whom
the political parties really represent.
In all democratc societes
including USA, UK and Japan
people with lots of money
are able to lobby for their
collectve and individual
interests. This is how
democracy functons: elected
representatves respond to
lobbyists in a manner that
their own individual interests
are also looked afer. Such
deals are more likely to
happen in the democratc
spaces than in the regime of
an ideal benevolent dictator.
Such situatons are now more
frequent in India as well.
YOJ ANA August 2013 39
The tragedy of the people with little
money is that though the programme is
at their doorstep, the delivery agents
have little incentive to deliver and the
people have little money and are ill-
informed to know what is in store for
them. They have little money to pay to
these agents to get some benefts/rights
that civil society fought for the silent
people. As democratic process work
at different levels, the expectations are
that things change for the better. Some
NGOs work with people with little
money informing them about various
programmes, making their collectives,
and so on.
Of course, there are conficts of
interest between those who have a lot
of money and those with little money.
For example, when land is acquired
for SEZ or to set up a new industry,
people affected have little money
and few options and would resist
displacement. It is only through process
of negotiations, possible only in a
healthy democracy, that displacement
of people becomes possible, who
invariably get higher compensations.
I n this manner Democracy leads
Developmental processes.
One of the characteristics of
democracy is that it is a process of
egalitarianism. There is constant
striving among people for equality, in
fact a passion for equality. This passion
is ably refected in the XII Five Year
Plan:
Indias 1.25 billion citizens have
higher expectations about their future
today, than they have ever had before.
They have seen the economy grow
much faster in the past 10 years than it
did earlier, and deliver visible benefts
to a large number of people. This has
understandably raised the expectations
of all sections, especially those who
have benefted less. Our people are now
much more aware of what is possible,
and they will settle for no less. The
Twelfth Five Year Plan must rise to
the challenge of meeting these high
expectations.
In the new India, when frugality
and renunciation are cherished values
only for some, democracy has the
propensity towards materialism for all.
The third aspect of democracy is that
it is able to fulfll individual desires,
make individual more competitive
rather than complacent.
To summarise, democracy is
about people voicing and lobbying
in democratic space. Those with a lot
of money can do it better than others.
The media also helps such people.
The media also refects interests of the
people with some money or the middle
class. The media creates images of
Development, at times real at others
illusory. It is in the nature of democracy
that it leaves democratic spaces where
all people could negotiate their interests
in a legitimate manner. Those with lots
of money at times adopt unfair means
and help create a rentier class. As
there is more development, there will
be more money and more rents. The
institutions that maintain survelliance
will have more challenging tasks ahead.
Democracy and Development, both,
without strong institutions would be a
failure. It is in the nature of democracy
that people voice their concerns.
However, some people choose to remain
silent. Civil society speaks for them.
While the governments initiate many
development and welfare programmes
for people with little money for their
votes, the civil society taking due
advantage of the democratic spaces
have worked with the government to
make programmes in the rights and
duties framework. Judiciary has helped
them far more than the media.
Thus, democracy provi des
democratic spaces to all peoples to
participate in development. Stronger
institutions could curb rentier practices
inherent in a democracy and contribute
to further development.
Besides, institutions to do the
monitoring, role of civil society in
organizing people with little money
is also necessary. Democratic spaces
for such organizations is very limited.
Sometimes they could turn militant and
become threat to democracy itself. Also
such organizations are not welcomed
by people with lots of money. So,
inequalities would remain for a very
long time in a happening democracy,
unless people exercise their power in
the local areas where they live. This
is especially true for people with little
money. After all democracy does not
mean putting power by casting vote in
New Delhi or Lucknow and live in a
remote village for the next fve years
with remorse. q
(Email:[email protected])
e-Bharat initiatives
AS the e-governance initiative picks up, the Prime Minister's Committee on National e-Governance Plan has set new targets for
various e-governance plans in the country. Among the initiatives planned for the year, the committee has set a target of connecting
200 districts in the country under e-District project. The government has already connected 139 districts under the project. By the
end of this fscal, the government intends to bring 339 out of 600 districts in the country under the scheme.
Under the e-District initiative, the government aims to provide high-volume government services at the district and sub-district
levels to the citizens in electronic mode across the country. With the government plan to connect all 2,50,000 panchayats in the
country through national optical fbre network, the Department of Electronic and information technology (Deity) is implementing
a sustainable model for delivery of services to citizens and institutions through the optical fbre network.
The pilot project is being carried out in 59 panchayats in three blocks of Rajasthan, Andhra Pradesh and Tripura. Under the scheme,
all panchayats are provided 100 Mbps connection and all institutions are being provided 10 Mbps horizontal connectivity. Under
the e-Bharat initiative, which envisages to support the National e-governance Plan's countrywide plans of increasing the availability
of online services for citizens in their locality, the government approved 20 proposals last year.
The proposals, include transforming registration of deeds in UP, comprehensive health informatics in Kerala, GIS-enablement of
utilities in Delhi and universal e-gov training for government employees in Madhya Pradesh.
40 YOJ ANA August 2013
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YOJ ANA August 2013 41
T INDEPENDENCE
India adopted a liberal
democracy wi th a
written constitution
that provi ded a
parliamentary system,
with both individual and groups rights
for historically disadvantaged sections
particularly the Scheduled Castes or
Dalits as they are known today. Under
the leadership of Nehru, commitment
to democratic transformation, a path of
gradual social transformation leading
to a more egalitarian society was an
integral part of Indias developmental
strategy. However, despite six decades
of democratic functioning Dalits still
face marginalization and exclusion:
two mutually supportive processes
responsible for economic inequality
and social discrimination. While
poverty is a major disability faced
by many disadvantaged sections in
India, caste remains an important
source of inequality. The fundamental
features of the caste system namely
fixed social, cultural and economic
rights for each caste by birth, with
restrictions on change have created
various forms of exclusion. Amartya
Sen has pointed out how, particularly
in Asia, it is social exclusion that results
in deprivation and limits individual
opportunities. Referring to Adam
Smiths pioneering exposition of
deprivation as inability to appear in
Disadvantaged Sections: Processes of
Continuity and Change
EXCLUSION AND DEPRIVATION
Sudha Pai
INSIGHT
Dalit assertion has
been a reaction to
the process of social,
political and economic
exclusion of dalits
from the benefts of
development. It did
not emerge with an
agenda of breaking
down the system,
but ensuring Social
Justice within the
society and polity for
the Dalits
public without shame; he describes it
as capability deprivation arising out of
the right to participation in community
life. Exclusion from social relations can
lead to other relational deprivations
such as lack of education, employment,
and exclusion from markets resulting
in economic impoverishment, which
limits opportunities.
This paper argues that while
much change has taken place in the
condition of disadvantaged sections
since independence, substantial
l evel s of margi nal i zati on and
exclusion continue which constitute a
formidable challenge to our attempts
to create a more egalitarian democracy.
Historically Dalits have been kept
out of the educational system, denied
ownership of assets such as land,
allotted menial occupations and not
allowed to participate in social and
political activities. According to the
2001 Census SCs constitute 16.66 crore
or 16 percent of the total population
of the country with concentration
in fve states Uttar Pradesh, West
Bengal, Bihar, Andhra Pradesh and
Tamil Nadu. Their level of urban
concentration is lower than that of
the general population, indicative
of their relative backwardness and
continued dependence on traditional
rural occupations for their livelihood.
Discrimination in land, labour and
capital together with limited mobility
A
The author is Rector & Professor, Centre for Political Studies, School of Social Sciences, J awaharlal Nehru University,
New Delhi
42 YOJ ANA August 2013
and choice of occupation still exists
among the large majority. Most are
wage labourers and only about one-
third of SC rural labour households
own land as against 41 percent for
all rural labour households. Literacy
rates among Dalits 45 percentage
points between 1961 and 2001 - have
risen in the country, particularly in the
states of the Hindi heartland in recent
decades, though there still remains a
considerable gap between Dalits and
others-and are lower among rural
Dalits and Dalit women. But in the
1990s the literacy rate for SCs rose
by over 17 percentage points, and the
rural-urban and gender divide began to
narrow. Even where literacy rates have
risen, studies show that difference
in the percentage of SC children
and others enrolled and in terms of
number of years of schooling are
considerable, and drop-out percentage
is higher among the former. The Gross
Enrolment Ratios of Dalit children at
the primary level not only declined
over 1990-91 to 1999-2000 but they
were also lower than for the total
population in 1999-2000. Similarly
in higher education the enrolment
of Dalits is not satisfactory and in
technical and professional courses
most of the reserved seats remain
unflled.
In the social realm Dalits still
suffer from segregation and exclusion.
Their dwellings are located outside
the main village settlements in rural
areas and in slums in urban areas
deprived of basic amenities and
services such as roads, drinking
water, sanitation and primary health
care. Most shamefully, many are
still employed as manual scavengers
although manual scavenging has
been made a punishable offence
since 1993. More than 80,000 Dalits
are employed as manual scavengers,
the biggest violators being Municipal
Corporations and state governments,
as the Act has not been adopted by 12
states.
There has been considerable
progress since independence the
probl em showi ng consi derabl e
variations among states. The main
levers of change in the position of
Dalits in the post-I ndependence
period have been policies of Protective
Di scri mi nati on (PD), capi tal i st
development and competitive politics.
PD enshrined in the Constitution
aimed at inclusion of SCs into society
and polity, promoting participation
and providing protection against
discrimination. But the unequal
economi c structure of soci ety,
reinforced by uneven distribution of
gains in the post-Independence period,
under a predominantly capitalist
system of development meant that a
small creamy layer has made use of
the benefts while the large majority
remained poor, marginalized and
with little access to opportunities.
However, as Marc Galanter has
argued, without PD, especially in
the early years of Independence, SCs
would have remained outside the
system and not been able to achieve
any social mobility.
Since the late 1990s the contours
of the debate on the impact of PD
has undergone a change. Together
wi th gl obal i zati on a smal l but
infuential, educated, middle-class of
Dalit intellectuals/activists reached a
critical mass in the polity. They argue
that with liberalization of the economy
the number of jobs in the state sector
has dwindled. While, some argue for
extension of reservations into the
fast-expanding private sector which
is creating new jobs; others demand
introduction of various forms of
affrmative action based on the US
model such as Supplier Diversity, as
discussed at the Bhopal Conference
of J anuary 2002. Some recent studies
have initiated a debate on an area not
yet well-researched in India: impact of
caste-based economic discrimination
on higher education and the private
job market in the era of globalization,
its forms and features.
Much improvement has taken
place in the economic position
of Dalits though large disparities
remain with other sections of society.
Capitalist development together with
competitive politics has weakened the
caste system, though it has created
inequality among Dalits themselves.
The National Sample Survey (NSS)
in its 1999-2000 report shows that
in 2000 only about 29.90 percent of
the rural population of the SCS had
acquired some access to fxed capital
assets like agricultural land and non-
land capital assets. In 1999-2000 75
percent of SC households were in
the category of landless agricultural
labour. Even those who own land
have small plots that are economically
unviable. Consequently, they suffer
from low income, low consumption
and a high degree of poverty with
about 35.43 percent below the poverty
line. Relationships on land remain
oppressive, particularly where OBC
groups are dominant.
A section of Dalits continue to
pursue traditional caste occupations
such a weaving along with agriculture.
The capitalist system has opened
avenues for those whose skills arc
marketable. In urban areas Dalits
are employed in the organized and
unorganized industrial sectors; they are
petty shopkeepers, small entrepreneurs
and white-collar workers mainly in
the public sector. But the number
of such persons is very small. The
report of the National Commission for
Enterprises in the Unorganized Sector
indicates the extent of marginalization
of weaker sections in the I ndian
economy. I nformal workers, who
have no employment, work or social
security, now constitute 92% of the
Much improvement has
taken place in the economic
positon of Dalits though large
disparites remain with other
sectons of society. Capitalist
development together
with compettve politcs
has weakened the caste
system, though it has created
inequality among Dalits
themselves.
YOJ ANA August 2013 43
total workforce and discrimination
is reinforced by ones social identity,
rural location and low or no education.
A perusal of the report clearly indicates
that a substantial number of these
workers fall into the category of SC/
ST.
At independence it was believed
that with rapid economic development
caste-based atrocities against Dalits
would disappear. However, since the
1970s two features have been noted.
The number of caste-based crimes
against Dalits has increased sharply
with some of the worst incidents
occurring in better-off states such
as Haryana, Punjab, Maharashtra
and Tamil Nadu. Second, ritual
untouchability has been replaced
by caste atrocities such as rape, not
allowing Dalits to cast their votes,
burning of houses, parading women
naked in village streets. Improvement
in economic condition and increase
in violence against Dalits goes hand
in hand; in fact social jealousies
are roused, Khairlanji being a good
example. Dalit women often suffer the
worst treatment by caste panchayats
in Haryana. During 2002 a total of
33,507 cases of crimes and atrocities
commi tted agai nst Dal i ts were
registered. Passage of the SC and ST
(Prevention of Atrocities) Act of 1989
and Rules 1995 has not helped and
merely led to greater confrontation.
As the National Commission for SC
and ST (Report 1990) pointed out,
the major reasons for atrocities since
the 1980s are political and economic
in nature rather than purely social
or cultural. This does not mean that
untouchability has disappeared as a
recent study shows.
It is in the political feld that the
greatest change has taken place. PD, a
long-term process of democratization
and a modi cum of economi c
development, has thrown up a new
generation of educated, self-confdent,
and politically aware middle-class
Dalits no longer prepared to put
up with exclusion and domination.
The word Dalit as a form of self-
identifcation is now widely used in
many parts of the country. While it
has not created a homogenous Dalit
community, differences between
different sub-castes remain and have
even widened with even violence
among different groups, yet it has
symbolic importance, providing Dalits
dignity and self-confdence, enabling
them to assert against upper-caste
domination and oppression.
Consequentl y, i t i s through
mobi l i zati on by Dal i t l eaders,
formation of political parties and
competitive politics that Dalits have
gained empowerment and entered the
political mainstream. There has been
an unprecedented rise in political
awareness leading to an upsurge from
below. The number of dalits voting has
been rising in every election since the
1990s. The post-Independence period
witnessed the rise of Dalit parties/
movements. However, Dalit assertion
in the contemporary period, first
witnessed in the north Indian plains
in the 1980s, has a qualitatively new
character and distinct features. The
new educated Dalit generation has
a different understanding and view
of the nation-building project that
emerged out of the national movement
as exclusionary leading to an elitist
democracy controlled by, and meant
for, the upper castes/classes. Coupled
with this feeling of exclusion, is a
deep and increasing disillusionment
with the failure of the Indian State
to provide protection to the life and
property of Dalits, provide a share in
the fruits of economic development
and end the practice of untouchability.
Yet at the same time, Dalit assertion
has been a reaction to the process
of social, political and economic
exclusion of dalits from the benefts
of development. It did not emerge
with an agenda of breaking down the
system, but ensuring Social J ustice
within the society and polity for the
Dalits.
Thus, the evidence points to both
change and continuities from the past.
Signifcant changes have taken place
that have created greater inclusion
and lessened social and economic
marginalization of dalits in post-
Independence India. But these changes
have occurred only in some parts of
the country and affected only a small
section of dalits, The vast majority of
subaltern dalits in the countryside still
routinely suffer exclusion in public
and private life and being illiterate
and poor remain on the margins
of society. Paradoxically, this is
happening despite the social deepening
of democracy in recent years. q
(Email : [email protected])
YOjAnA Web- exClUSIveS
Yojana announces the launch of a new service named 'Web-Exclusives' for the beneft of its readers under which selected artcles
would be put up on the website of Yojana : www.yojana.gov.in. Announcement about the artcles under the Web-Exclusives secton
would be carried in the Yojana magazine of the month but these artcles would not be carried in the print version of Yojana.
We are carrying the following artcles under the Web-Exclusives secton of Yojana on its website:
1. Problems of Aged in Changing Indian Scenario by Dr. Shakuntala.C. Shetar
2. Ethnic Fratricide and the Autonomous Councils of Assam by Navaneeta Deori
3. Inclusive Planning in Context of Urban Poor by Dr. Ambey Kumar Srivastava
4. State, Democracy and Development: Insttutonal Perspectves by B. Chandrasekaran
Please send in your comments and suggestons to us on [email protected]
44 YOJ ANA August 2013
URLABH SINGH Puri
(55) is a photographer
and an innovator. He
has modifed a hamam
(water heater) such
that one can get warm
water at di fferent
temperatures.
Born to an engineer in Punjab
Irrigation Department, Durlabh was
an average student with an interest in
science. Since he had a good technical
sense, his friends and even teachers
used to take his help in case there was
some problem in any instruments in
the science laboratory. Thereafter, he
joined ITI and started working in a
repair shop. After a year, he started a
workshop of his own. Meanwhile, he
also developed interest in plants and
environment and attached himself to
various environmental initiatives. Due
to a spondylitis attack he could not
continue his workshop and took up
photography, his childhood hobby as
the profession. In his family, he has his
wife who is a teacher and a son, who
suffers with cerebral palsy.
Genesis of the innovation
The innovator lives in a cold region
where warm water is required for daily
use. His family had a conventional
hamam, or water-heater, which used
wood as fuel. Watching smoke escape
from the burning wood made him
aware of heat wastage. His innovation
came out of his experiments on the
hamam to use this heat efficiently.
He named the innovation after his
Modifed Water Heater
SHODHYATRA
Conventional hamams
get damaged very soon
and a lot of energy
gets wasted as well.
Every year or two,
either a new one has
to be purchased or
the top portion needs
to be replaced. To
address this problem,
he modifed the
hamam by removing
the top portion and
using aluminum sheet
instead of iron sheet
son Raman Deep as Ramandeep Eco
Hamam. The phrase Eco is used as
the device is fuel effcient and produced
less smoke.
Conventional hamams get damaged
very soon and a lot of energy gets
wasted as well. Every year or two,
either a new one has to be purchased
or the top portion needs to be replaced.
To address this problem, he modifed
the hamam by removing the top portion
and using aluminum sheet instead
of iron sheet. One day when hamam
was being used, he forgot to remove
a four litre water container he kept
on its top. After half an hour while
draining out hot water, he realised
that he had got additional four litres of
hot water without extra effort or cost.
This triggered him to utilize the heat
otherwise going waste.
In his attempt, he removed the
aluminum cover and placed a ten litre
container of water directly on the top
of hamam. But instead of heating the
water, the fre got extinguished as the
air fow got blocked. The hamam had
to be lit again. A metal ring was kept on
the hamam and sides were punched to
ensure better air fow. But for refueling,
still, the container on the top had to be
removed, which was cumbersome. A
window was then cut for refueling but
that led to the escape of fames to the
outside and loss of heat. Then instead
of the window, a door was used, but
then complete combustion was not
taking place and a lot of smoke was
being generated. He kept on addressing
D
YOJ ANA August 2013 45
one issue after the other and modifying
the hamam till he was satisfed with
the output.
The Raman Deep Eco Hamam
(Water heater)
The modifed hamam consists of
a conventional hamam and two heat
exchangers. Water is flled in the tank
through the inlet and wood is ignited.
Similar to the conventional hamam,
water is directly heated in the lower
most chambers. The heat exchangers
channelise heat generated through
smoke and fames to further heat the
water. Valves are present to allow water
to pass from one chamber to another.
When the water in the lower most
chamber attains a temperature close to
100 degrees Celsius, it can be drained
out separately. On being emptied, the
lower chamber can be refilled with
water from other chambers. As this
water is preheated, it takes less time
and fuel to reach 100 degrees Celsius.
Alternatively, once water in the lower
chamber reaches 100 degrees Celsius, it
can be mixed so the overall temperature
becomes around 55 degrees Celsius.
The water from other chambers can
also be separately drained out through
separate outlets. Better fuel utilization
reduces the money and/or labour
involved in obtaining fuel wood.
The hamam has been tested at
CTAE, Udaipurm which has found its
thermal effciency to be 58 %against
38.5 %of conventional hamam. The
CO/CO2 ratio was found 0.035
in modified hamam and 0.038 in
conventional hamam which are within
the safe limits.
The concept of utilizing heat of
smoke by using heat exchangers
in the path of smoke or fumes is
known in art (US Patent 4377200,
4397297, 4628869, 4137965, etc)
however, the same is not available for
domestic stoves. Accordingly, NIF fled
a patent in the innovators name (1743/
DEL/2011). He is awaiting the grant of
the patent to start commercialization of
the hamam.
He takes time out from his photo
studio to organize flower shows in
town, particularly for school children
and teachers. His technique of growing
begonias on bricks has been tested
and proved successful by The Royal
Horticulture Society, UK, who also
published his work in their publication
Garden in 2000. He is a life time
member of the society and was invited
for the Chelsea fower show held at
London during May 2000. Also he was
invited for the London Flower Show
organized during J une, 2000. In 2004,
he also received National Integration
Award for Environment Protection.
He has also been interacting with
schools, voluntary organizations, and
government offcials and sharing his
work. q
(E-mail : [email protected],
www.nifndia.org)
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.
Start Early and Practice Regularly
{NEW 8YLLABU8}
BATCH 6: 1ULY- 31st , 7 AM(RA1ENDER NAGAR)
BATCH 5: 1ULY- 29th , 7AM(HUDSON LANE)
All ndia Test 8eries Mains 2013/14.
Batch:2(North) 15th 1uly 3PM
Batch:2(North) 15th 1uly 3PM
Batch:1(R.N): 15th 1uly 10.30am
Batch:1(R.N): 15th 1uly 10.30am
Y
E
-
9
0
/
2
0
1
3
46 YOJ ANA August 2013
NORTH EAST DIARY
TRIPURA ROLLS OUT PLAN TO REVAMP POWER NETWORK
PROMOTING MIZO CULTURE THROUGH FILM
I
n an effort to further capitalise on the immense possibilities thrown open by the ONGC Tripura Power
Company, the Tripura Government is now on an overdrive to modernise its rickety state power transmission
and distribution (T&D) infrastructure. Living in near isolation from the rest of the country, Tripura had a huge
technological gap in synchronising the State grid with the modern-day 400 kv transmission facilities or supplying
electricity to heavy industries. There were also technological inadequacies in seamless transmission of electricity
throughout the State.
According to State Power Minister Manik Dey, Tripura has recently entered into a pact to roll out a Rs 400-
crore project to revamp the T&D infrastructure. The MoA (Memorandum of Association) was signed (with the
World Bank) early this month, The project aims to replace the existing mixture of 132 kv and 66 kv transmission
lines across the State by a seamless 132 kv transmission network. This, coupled with a 14 new substations, will
ensure a seamless distribution of electricity through 33 kv (and below) lines.
Tapping Investors
Considering the recent proposal from ONGC to build a 1.3-million tonne fertiliser unit in the State in joint
venture with Chambal Fertiliser, the revamped electricity distribution network will keep the State ready to cater
prospective investors in the downstream fertiliser sector. Plans are also afoot to attract a gas-based petrochemicals
facility in the State. While the technological gap between the State and national grid has been removed by the
load despatch centre set up by the transmission arm of OTPC at Surjyanagar, Dey is now pushing for creation
of alternate power evacuation facilities from the State.
Tripura will have nearly 200-250 mw exportable surplus following commissioning of both the 363.3 mw
units of OTPC, upcoming facility of NEEPCO at Palatana and 21 mw capacity expansion by the State generation
utility. All the projects are expected to be commissioned by year-end. q
A
larmed at households fooded with serials which have little in common with Mizo culture and at reports
of some trying to emulate role models they saw on screen the state government has started promoting
Mizo flms. In partnership with the newly formed Mizoram Film Development Society (MFDS), the state
Information and Public Relations Department is providing basic training to aspiring flmmakers of the state. Two
campuses now function as a flm city, with traditional Mizo villages serving as permanent exhibits.
The goal is to encourage Mizo flmmakers to create flms mostly shorts based on the state's history and Mizo
folk tales. Recently, a competition was held of short flms based on such folk tales. "Mizo folk tales are our very own
treasure, and these are something that not only us but those from other cultures can enjoy because these would be exotic
for them. These have all kinds of plots what better action can there be, for example, than head-hunting, which our
ancestors practised," said Lalsawmliana Pachuau, founder-adviser of the MFDS and owner of the LPS cable network.
At the ceremony to distribute awards for the competition last week, Pachuau talked about the need to promote Mizo
culture. "One night, I could not sleep because I kept thinking of how our children may be infuenced to drink soju (Korean
alcohol) or pray to gods of other religions when they have problems in life, just like they see in flms that dominate our
local television networks. It is not that these things are bad, but we have our own culture and practices," he said.
Chief Minister Lal Thanhawla Sailo, who gave away the awards, worried that "Mizo youths are being infuenced by
the less savoury aspects of flms from other cultures". He said he was particularly concerned about "young girls using
drugs to get Korean complexion". For the past few years, local media have been reporting cases of young women taking
dubious pills to get a fairer complexion. Doctors warn that some of these drugs have proved fatal. As the flm competition's
theme dictated, the shorts submitted by 19 directors showed traditional Mizo village scenes, romantic plots common
to Mizo folk-tales, tribal wars, daily lives of children in earlier Mizo society, and the dress and habits and the belief in
demons and spirits that marked earlier Mizo society. q
YOJ ANA August 2013 47
NDI A AT TA I NED
I ndependence on 15th
August 1947. Speeches
made in the Constituent
Assembly just before
midnight on that historic
occasion refected the vision of the
countrys leaders, as those present
dedicated themselves to the service of
the nation and to the larger cause of
humanity (Constituent Assembly of
India, 1947).
Dr. Rajendra Prasad, President of
the Constituent Assembly, remembered
the services and sacrifces of all the men
and women, known and unknown, who
had faced bullets, death, prison, exile,
humiliation and lost wealth, property
and time with family and friends in
the achievement of Independence. To
embark on the task ahead, he asked
for unstinted service and cooperation
from the people, noting that we shall
to do our best to deserve it.
The famous Tryst with Destiny
speech by Indias frst Prime Minister,
Pandit J awaharlal Nehru, recognised
that freedom and power bri ng
responsibility and that it would be
necessary to strive to fulfl the pledges
made. Further, he saw that working
in the service of India meant working
in the service of the millions who
were suffering, and required a fght
to end poverty, ignorance, disease
and inequality of opportunity. The
purpose was to bring freedom and
Poverty: Promises Made and Miles to Go
ECONOMIC DEPRIVATION
Aasha Kapur Mehta
ANALYSIS
If the goal of
eradication of
poverty is to be
achieved within
an acceptable
timeframe, the
resources allocated
to poverty reduction
will need to increase
substantially,
in view of the
massive scale on
which poverty is
experienced
opportunity to the common man,
peasants and workers of India and to
build a prosperous, democratic and
progressive nation, including social,
economic and political institutions
to ensure justice for every man and
woman. All were equal as the children
of India, with equal rights, privileges
and obligations.
Dr. Sarvepalli Radhakrishnan,
Indias frst Vice President, also noted
that a free India would be judged by
the way it served the interests of the
common people in terms of food,
clothing, shelter and social services.
He also saw eradicating corruption
as critical to achieving effciency in
administration, as well as in production
and distribution.
In his address on Independence
Day, 15 August 1947, Dr. Rajendra
Prasad asked that Indians resolve to
create the conditions to enable all
individuals to develop and rise to
their fullest stature, such that poverty,
squalor, ignorance and ill-health would
vanish and the distinction between
high and low and between rich and
poor would disappear. He additionally
hoped that religion would be practised
freely and would not divide and
separate, that untouchability would be
forgotten, that exploitation of man by
man would cease, that those who were
backward would catch up with others
and that there would be no hunger.
The author is a Professor of Economics (Economic Policy) at the Indian Institute of Public Administration. Has worked as part of a Group of Feminist
Economists constituted by the Planning Commission to bring a gendered approach to the Eleventh and Twelfth Five Year Plans. She is a Member of the
Core Group of the Ad-hoc Task Force constituted by the Cabinet Secretariat, for reviewing the performance targets of Government departments included
in their Results-Framework Documents
I
48 YOJ ANA August 2013
Whether we view the statements
above as pledges, visions or plans, it
is clear that ending poverty, ignorance,
disease and inequality of opportunity
was identifed as a major priority for
an independent India.
Six decades later, the Eleventh
Plan (2007-12) was subtitled Inclusive
Growth and in his foreword the Prime
Minister reiterated the commitment
of his government to making growth
both faster and more inclusive, by
stating that,
The higher rate of growth that we
have set out for ourselves, coupled
with our thrust on the growth process
being inclusive, should ensure that the
struggle for the removal of chronic
poverty, ignorance, and disease will
register major gains in the Eleventh
Plan.
The Twelfth Plan (2012-17) is
subtitled Faster, More Inclusive and
Sustainable Growth. Referring to
the latest offcial estimates of poverty
(based on the Tendulkar Committee
recommendations) it notes that:
There is no doubt that the Tendulkar
Committee poverty line represents a
very low level of consumption and the
scale of poverty even on this basis is
substantial.
I n the gl obal context, the
Millennium Development Goal (MDG)
Outcome Document adopted by Heads
of State and Government at the United
Nations (UN) in September 2010
welcomed progress made since 2005
in all countries but expressed deep
concern that it falls far short of what
is needed (UN, 2010).
Poverty: The Static and Dynamic
Picture
Despite the concern evident in
these and other government documents
and UN documents and statements
regarding poverty reduction in India,
there remains a chasm between goals
and targets and their achievement
in terms of winning the fight to
end poverty, squalor, ignorance and
disease.
What is Indias performance on
poverty? While it is indisputable that
poverty has declined, the reduction has
been well below what was anticipated.
Offcial statistics show that poverty
measured in terms of headcount
ratio (HCR) declined from 54.9% in
1973-74 to only 27.5% in 2004-05
(Table 1).
Further, this estimate increased to
37.2% when the Tendulkar Committee
applied a poverty line of Rs 446.68 per
capita per month for rural areas instead
of Rs 356.30 per capita per month and
Rs 578.80 per capita month instead
of Rs 538.60 per capita per month for
urban areas at 2004-05 prices. In other
words, small increases in the poverty
line of Rs 90 and Rs 40 per capita
per month in rural and urban areas
respectively led to massive increase
in the estimated population in poverty
of almost 10 percentage points. The
estimates for 2009-10 are that as
much as 29.8% of Indias population
is in poverty based on the Tendulkar
method. In terms of numbers, as many
as 355 million people are below the
poverty line and this is unacceptably
high.
As is well known, there is a sharp
dichotomy between two very different
realities in India: rapid growth and
significant resilience in the face of
immense global challenges on the
one hand, and the exclusionary nature
of growth and denial of the most
basic amenities and development
opportunities to a large proportion of
the population on the other.
Research on poverty has generally
focused on the state of being poor,
rather than on the dynamics of poverty
movement into and out of poverty, or
lack of, and the processes and factors
that determine this. Why are a large
number of people in India persistently
poor? What enables those who are
poor to escape from poverty? Why do
a large number of people who are not
poor become poor? Studying poverty
dynamics to answer these questions can
bring new understanding of poverty
and well-being. Large proportions
of those who are poor in India are
stuck in poverty or are chronically
poor. The very size of the problem,
combined with the fact that many of
them will remain poor over time and
may pass their poverty on to their
children, makes this the most important
development issue facing the nation.
Additionally, many of those who
suffer poverty also suffer deprivation
in several other dimensions such as
access to education and knowledge,
health care, nutrition, safe drinking
water and other basic needs.
Dr i v e r s , Ma i nt a i ne r s a nd
Interrupters
Poverty dynamics recognises the
Table 1: Poverty trends, 1973-74 to 2004-05
Year % of population
below poverty line
Total population in
poverty (millions)
1973-74 54.9 321.3
1977-78 51.3 328.9
1983 44.5 322.9
1987-88 38.9 307.1
1993-94 36 320.3
1999-00* 26.1 260.2
2004-05 27.5 301.7
2004-05 (Tendulkar) 37.2 407.2
2009-10 (Tendulkar) 29.8 354.68
Note: * Estimates for 1999-00 are based on the mixed recall period (MRP) method and
are not comparable with estimates for other years, which are based on the uniform recall
period (URP) method.
Sources: Planning Commission; Press Information Bureau; and own calculations.
YOJ ANA August 2013 49
existence of processes through which
the poor either escape from poverty
or fail to escape it and the non-poor
either remain non-poor or become
poor. Analysis of a rural panel dataset
covering about 3,000 households
across the country draws attention to
the signifcant scale of incidence of
chronic poverty. The estimates also
indicate that a signifcant proportion
of non-poor households may fall into
poverty while a large proportion of
those who are poor manage to escape
from it.
Analysis of panel data and a review
of the literature point to factors that act
as drivers forcing people into poverty.
These could be related to the sudden
onset of a long-term and expensive
illness, a disaster such as a food or
earthquake, a failed crop, a failed
investment or a policy change that
leads to a loss of livelihood or reduction
in income. Similarly, there are factors
that maintain people in poverty. These
include illiteracy, living in a remote
geographic location that provides few
livelihood opportunities, poor access
to health care facilities, forced sale of
assets to meet a crisis, indebtedness
and bonded labour any of which
could force people to get stuck in
poverty. Interrupters are factors that
can enable escape from poverty. These
include access to diversifed income
sources, linkages with urban areas,
improvements in rural infrastructure,
accumulation of human, physical and
fnancial assets, access to water for
irrigation and increase in wages (Mehta
and Shepherd 2006). Table 2 lists a
number of drivers, maintainers and
interrupters of poverty that require
policy attention.
There is a substantial literature
exploring the links between growth
and poverty reduction, based on which
there is an emerging consensus that
growth alone will not make a dent in
either rural or urban poverty, or that it
will take too long. It is important to take
cognisance of poverty dynamics and
to focus attention on factors that can
prevent persistence of poverty, enable
exit from it and prevent entry into it.
Each of these aspects needs urgent
policy attention.
Research also shows that since
poverty is concentrated in identifed
spatial locations there is a geography
of poverty. There is also a sociology of
poverty, since the proportion of the poor
is higher among certain social groups.
Additionally, there are identifiable
occupational features of the poor:
they are concentrated in agricultural
labour and artisanal households in rural
areas, and among casual labourers in
urban areas (Planning Commission
(2008). Poverty is associated with
structural factors such as low wages;
insecure, casual employment; low-
productivity smallholder agriculture;
and low social status of SC and,
especially, ST households living in the
poorest and most multi-dimensionally
deprived states and regions. A higher
concentration of poverty in certain
geographical regions and types of
households and greater vulnerability
of certain groups together point to
the need for effectively addressing
these dimensions of the poverty
conundrum.
Downward mobility is a signifcant
aspect of poverty dynamics and several
factors drive people into poverty. For
instance the sudden onset of a long-
term and expensive illness, exacerbates
the suffering of those who are already
poor and drives many of those who are
non-poor into poverty. For those who
work in the unorganised sector, ill-
health is often associated with having
to forego income owing to inability to
work. Further, unlike natural disasters,
which affect communities living in
given spatial locations and lead to
relief measures from governments,
international agencies and the larger
community, ill-health usually (unless
it is an epidemic) affects an individual
and strains individual and household
resources.
Public provisioning of quality
health care can go a long way to
Table 2: Drivers, maintainers and interrupters of chronic poverty
Drivers Maintainers Interrupters
Drivers Maintainers Interrupters
Health shock Illiteracy/lack of
skills
Diversifcation of income
Sudden disability Poverty/disability/
old age
Intensive farming/crop
diversifcation
Large social expenditure Social exclusion Off-farm work/new job
High interest borrowing Geography
(remoteness)
Urban linkages
Investment failure Drink/drug
addiction
Improved rural infrastructure
Crop failure Poor health care
facilities
Kinship networks
Natural disaster Larger household
size
Asset accumulation
Loss of productive assets Lack of job
information
Marketable skills/linkages
Macro policy change Forced sale of
assets
Information network on job
opportunities
Loss of job Indebtedness Decrease in dependency
Social and class confict Bonded labour Increase in wages
Governance failure Access to credit
Social safety networks
Source: Mehta, A.K., Shepherd, A., Bhide, S., Shah, A. and Kumar, A. (2011) India
Chronic Poverty Report: Towards Solutions and New Compacts in a Dynamic Context.
New Delhi: Indian Institute of Public Administration, page 56.
50 YOJ ANA August 2013
reducing vulnerability to ill-health
and the impoverishment or chronic
poverty that may follow. The state
is committed to providing essential
health care services to those below
the poverty line, based on need and
not ability to pay. An effective right
to health requires state provisioning
of preventive, promotive and curative
treatment and care for all citizens (and
especially vulnerable groups) that is
accessible, reliable and high in quality.
Similarly, access to education and
skills, creation of infrastructure at the
rural level and access to assets enable
exit from poverty.
What needs to be done?
Achi evements on reduci ng
chronic poverty, as well as the hunger,
ignorance, disease and inequality of
opportunity that accompany it, are
well below what was envisioned.
Some of the specifc recommendations
suggested by the India Chronic Poverty
Report for addressing the challenge of
poverty, are listed below.
Create a dedi cated cadre of
poverty eradication workers and
offcers, trained to identify drivers and
maintainers and potential interrupters
of poverty. Their task should be
to create two-way i nformati on
and support channels from each
village, through block and district
headquarters, to the state and national
capital. They should inform and
demand support to prevent any new
entry into poverty in any village
or slum; identify the poorest and
ensure they are linked with relevant
government programmes for social
protection and interrupt their poverty;
and identify potential opportunities for
employment and skills development.
The poorest states have seen widely
varying performance in recent years.
A special package could be created
for states that have high levels of
poverty and are willing to make
commitments to eradicate it in a time-
bound manner, say 10 years. Funds
would be released based on indicators
and outcomes based on for instance
performance measured through the
Results Framework Document (RFD).
RFDs are being prepared by almost
all Departments of the Government
of India as well as by Department of
several State Governments.
Universalise access to schemes
in the poorest district so as to
minimise exclusion errors and reduce
administrative burdens. Focus on
the poorest districts, universalise
access in such districts and apply
indicators that assess performance
based on improvement in the situation
of the most vulnerable. For instance,
achievements in including dalit or
tribal girls or women in the poorest
blocks and villages should be used as
indicators of performance for better
governance.
Since agriculture will clearly
remain a critical source of livelihood
for Indias chronically poor as wage
labourers and marginal farmers - a
new approach is needed to agricultural
growth for poor areas that focuses
on quality as well as quantity of
employment in agriculture; production
and marketing of food grains and
food and nutritional security; and
environmental sustainability.
A stronger institutional home is
needed for anti-poverty policy. The
work of the Planning Commission and
of several ministries and departments
could be usefully informed by a
national commission for poverty
eradication charged with think-tank
functions and troubleshooting.
Simultaneously, a Commission
on Growth, Employment and Poverty
reduction could also be created to
determine how growth can have more
positive employment and poverty
reduction outcomes in future and
generate more and better quality
employment and thereby reduce
poverty.
It is important to create panel
data as this can contribute powerfully
to understanding poverty and the
causal processes underlying it and
its reduction. Panels should be built
into national surveys to enable such
analysis.
There is no denying the need
to i mprove the effi ci ency and
effectiveness of implementation of
safety net programmes. However, at
the same time, if the goal of eradication
of poverty is to be achieved within an
acceptable timeframe, the resources
allocated to poverty reduction will
need to increase substantially, in view
of the massive scale on which poverty
is experienced. As such, the various
recommendations made above require
the allocation of signifcant resources
both financial and physical if
they are to be translated into action.
For instance, public expenditure on
delivering employment, primary and
vocational education, public health
services and agriculture, as well as on
monitoring, evaluation, mid-course
correction and regulation to ensure
achievement of planned outcomes,
would need to increase sharply. q
(Email: [email protected])
Readings
See http://parliamentofndia.nic.in/ls/debates/vol5p1.htm for the speeches cited here.; Constituent Assembly of India (1947) Debates
(Proceedings) Volume V. 14 August.; Mehta, A.K. and Shepherd, A. (2006) (eds.) Chronic Poverty and Development Policy in India. New
Delhi: Sage.; Mehta, A.K., Shepherd, A., Bhide, S., Shah, A. and Kumar, A. (2011) India Chronic Poverty Report: Towards Solutions
and New Compacts in a Dynamic Context. New Delhi: Indian Institute of Public Administration. page 56.; Planning Commission
(2006) Report of the Steering Committee on Rapid Poverty Reduction and Local Area Development for the Eleventh Five-Year Plan
(2007-2012). New Delhi: Planning Commission.; Planning Commission (2008) Eleventh Five-Year Plan: Inclusive Growth. New
Delhi: Planning Commission; Planning Commission (2013) Twelfth Five-Year Plan (2012-17): Faster, More Inclusive and Sustainable
Growth. New Delhi: Planning Commission; United Nations (UN) (2010) Keeping the Promise: United to Achieve the Millennium
Development Goals. MDG Outcome Document. New York: United Nations.
YOJ ANA August 2013 51
Political Empowerment of Women:
Pathway to Inclusive Democracy
BEST PRACTICES
Madhushree Dasgupta Chatterjee
So, it is need of
the hour to come
together and to
create opportunity
for the people of
backward society
for the success of
inclusive democracy
ncl usi ve democracy
works when peopl e
from all sections of the
society are empowered to
participate in governance,
raise objections, take
decisions and ensure social and
political accountability. Such a vision
of democracy requires delegation
of power from below and a true
devolution of power to the common
man. The local self-government could
be a key to realize the promise of Indian
democracy in its true sense which is
inclusive nature and character.
The concept of i ncl usi ve
democracy stands for participation
of all in the democratic process
and ensuring that no one should be
left outside that very process. This
approach calls for revision of the ways
we think and the ways we develop
a vision to re-design and re-define
the society in which inclusion of
the marginalized sections especially
women in the political process must
be ensured.
Inclusive Democracy is the project
for direct political democracy, form of
social organization which re-integrates
society with economy, polity and
nature and it is derived from a synthesis
of two major historical traditions: the
classical democratic and the socialist.
There is an obvious inter-relationship
between democracy and human rights
which goes beyond mere rights. The
aim of the bridging the gap between
the have and havenots demands an
inclusive model. This not only involves
passing legal measures to promote
de-jure equality but also concerns
making women feel legitimate and
competent to raise their voice at social
and political platforms.
So we can say that a vibrant
democracy is one towards which
works reducing disparities and contain
the social tension and anger in certain
sections of the society.
For a long time, the Indian society
tended to exclude women from political
life by defning political activity as a
typically male dominated vocation.
Tangible progress has been made in
the last twenty years towards a more
inclusive democracy whereby women
and men can enjoy equal and balanced
participation in public life. Yet the
legacy of this gender division still
infuences the Indian society and some
work remains to be done to promote the
amalgamation of women in political
activity.
Inclusive democracy works when
people from all sections of the society
are empowered to participate in
governance, raise objections, take
decisions and ensure social and
political accountability. Such a vision
of democracy requires democratization
from below to achieve true devolution
and delegation of power to the common
I
The Author is with National Technical Research Organization, Govt. of India, New Delhi.
52 YOJ ANA August 2013
man. Local democratic culture and
local self-government would be the
most important means to realize the
promise of Indian democracy which
is inclusive, capable, participatory,
accountable and effective direct
democracy at the grassroots level.
Democratization at the grassroots
level requires space for the voices
of the poor and marginalized to be
heard through networks of social
mobi l i zati on. The revi val and
establishment of three-tier Panchayat
Raj System in India was a small step
in achieving this objective.
The 73rd Constitutional amendment
Act of 1993 has played a signifcant
part in achieving the goal of inclusive
democracy in India. With the advent
of this Act, India today has more than
500 district panchayats, around 5,100
block and taluka panchayats and
about 2,25,000 village panchayats.
All these bodies would jointly elect
three million representatives and a
considerable number of them would
be women.
The 73rd Consti tuti onal
Amendment has also served as the
institutional breakthrough towards
ensuring equal access and enhanced
participation of women in the inclusive
democratic process through their
participation in the local government
at the grassroots level. The 73rd
Amendment has greatly contributed to
the political empowerment of women
from marginalized communities in the
rural areas who were not initially very
confdent of their abilities to assume
leadership role at the grassroots level
as the male-dominant rural power
structure did not budge to lose its
traditional grip over the political
institutions. Political empowerment
for women is regarded as a key driver
for achieving the goal of inclusive
democracy.
There are many success stories
scattered across I ndi a where a
woman from the marginalized and
unprivileged section of the society
achieved a position of authority and
responsibility realizing the goal of
participatory or inclusive democracy.
One such example is thirty-two years
old Afsana Perveen who is Mukhiya
of Damodarpur village panchayat
Samiti of Kanti block of Muzaffarpur
district in Bihar. Afsana Perveen
who was first time elected to the
Damodarpur village panchayat in
2010 confessed that as women have
participated in the functioning of
panchayat, importance of women and
child development as well as health
and education has gained centrestage.
Secondary school pass out Afsana
Perveen believed that reservation for
women in Panchayati Raj Institutions
as a result of the 73rd Constitutional
Amendment has been successful. She
stated that once upon a time women
used to interact with the people behind
the door (purda) but now they are
sitting on position of responsibility
and authority, going outside to inspect
the schools, monitoring development
works done under Central Government
sponsored schemes such as National
Rural Employment Guarantee Scheme
(NREGS). While performing her
duty in the household work, she also
attends the meetings and projects
for the development of the society
and addresses the grievances of not
only the women but also of men. But
Afsana Perveen confessed that it was
not easy for her and has been made
possible with the backing and support
of her husband, Pervez Alam.
Afsana, mother of three children
said that women representatives
at the grassroots level face a lot of
handicap in discharging their duty
and responsibilities. This proved to
be a major stumbling block in the
way of their effective participation
in the Panchayati Raj Institutions
(PRIs). These impediments could be
illiteracy, attitudes of family members,
bureaucracy and community and last
but not the least, ignorance about the
procedural aspects of their work. The
example of Afsana in the orthodox
society of Damodorpur village is
an exceptional example of women
participation because there are many
other women representatives in the
Panchayat Samiti and gram panchayat
but most of them refuse to talk or share
their story due to the purdah system.
Most of them work on behalf of
their husbands and example of proxy
participation. Such impediments
obstruct the way which leads to
achieving the objective of inclusive
democracy. The very purpose of the
Panchayati Raj Institutions (PRIs) that
is democratic in nature, needs to be
straightened in the pursuit of making
these institutions more purposeful for
the masses for which these basic units
of democracy were envisioned and
established.
I f a country aspires to be an
inclusive democracy in true sense
it will have to empower its women
belonging to different stratum of
its society. Although Indian women
acquired voting rights along with
men and the right to contest elections
from village-level to the Parliament,
they still remain an un-empowered
lot. Apart from this we can witness
exclusion of women from the inclusive
democracy in the frame of proxy
participation where they work as a
rubber stamp and their male partners
work on behalf of them. So, it is need
of the hour to come together and to
create opportunity for the people of
backward society for the success of
inclusive democracy. q
(Email:[email protected])
The 73rd Amendment has
greatly contributed to the
politcal empowerment of
women from marginalized
communites in the rural areas
who were not initally very
confdent of their abilites
to assume leadership role at
the grassroots level as the
male-dominant rural power
structure did not budge to lose
its traditonal grip over the
politcal insttutons. Politcal
empowerment for women is
regarded as a key driver for
achieving the goal of inclusive
democracy.
YOJ ANA August 2013 53
HE CONCEPT of
inclusive democracy
was conceived in late
1990s and mostl y
i ntroduced i n the
practi ci ng pol i ti cal
discourses in the new millennium.
Takis Fotopoulus has introduced well
the concept of inclusive democracy
in his book Towards an Inclusive
Democracy: The Crisis of the Growth
Economy and the need for a new
Liberatory Project, published by
Cassell (London and New York) in
1996. The collapse of socialism in the
early 1990s in the communist block in
and around USSR gave an impression
that it was the victory of capitalism.
A sense of there is no alternative
(TINA) arose. Fotopoulus argues that
the euphoria and the propaganda were
misplaced.
Fotopoulus shows that the world
had experienced something more than
the collapse of the socialist systems
where the state was the most powerful
agency working for creating and
distributing wealth and establishing
politico-social equality in society. In
his words,
Social democracy, in the form
that dominated the quarter of a century
after World War II (state commitment
to welfare state, full employment
and the redistribution of income and
wealth in favour of the weaker social
groups), is dead and has been replaced
Inclusive Democracy: A Gandhian
Perspective
SWARAJ AND SURAAJ
Sudarshan Iyengar
ALTERNATIVE VIEW
It can be seen
that his concept
of inclusive
democracy is more
concrete compared
to the ideas that
are discussed in
the present day
literature on the
subject
T
The author is Vice Chancellor, Gujarat Vidyapith, Ahmedabad. He is an eminent Gandhian scholar.
by the present neoliberal consensus
(safety nets, fexible labour markets
and the redistribution of income and
wealth in favour of the privileged
social groups). Therefore, what the
dismantling of actually existing
socialism and the parallel collapse of
social democracy have shown is the
fnal disintegration of socialist statism,
that is, the historical tradition that
aimed at the conquest of state power,
by legal or revolutionary means, as
the necessary condition to bring about
radical social transformation.
Many woul d agree wi th
Fotopoulus that even by design the
liberal socialist state with all good
intentions was utterly inadequate for
creating conditions of equal sharing
of political, economic and social
power among all citizens. The liberal
socialist democracy also failed in
creating conditions of democracy in
social realm, that is, at household
level, workplace and educational
institutions. The collapse of radical
social statism facilitated the entry
of a new liberatory project, which
according to Fotopoulus represented
the synthesis and transcendence
of the major social movements.
Two major historical traditions have
merged; one is the political and
economic content of democracy which
turns into direct democracy and
economic democracy and the second
is ecological democracy and social
realm democracy.
54 YOJ ANA August 2013
When the case for inclusive
democracy i s bei ng made out,
the author is clear that the threat
to democracy has come from a
multidimensional crisis. Explaining
the reason Fotopoulus says, the roots
of the present multidimensional crisis
(ecological, economic, political,
social, cultural) lie in the non-
democratic organization of society
at all levels, in the sense that it is
the concentration of power in the
hands of various elites that marks
the foundation of every aspect of
the crisis. In this context the author
states that an inclusive democracy
implied the abolition of domination
of political and economic power.
Interestingly, it is noted that it was
not mere elimination of domination
relations in political and economic
worl d, but al so el i mi nati on of
domination of the natural world.
In the global context it is indeed
understood that economic growth
at any cost and market operations
dominated by oligarchies in a liberal
democratic system is not going to
ensure inclusive democracy. People
with economic power want more and
more of it and they get into nexus
with politicians who purportedly
work under democratic systems.
There too one sees concentration
of political power in the hands
of few professional or otherwise
who lead to crisis in traditional
political craft in a representative
form of governance. Citizens get
excluded in the process and then
there is reluctance to participate.
A new chapter then opens in the
form of domination by people with
concentrated economic and political
power who form a nexus and results
into economic, social, and ecological
crisis that the humanity is facing
today. This process leads to a further
round of deprivation and exclusion of
citizens. India is already in deep crisis
today. The swaraj in conventional
sense of freedom is perhaps yet there,
but the country is nowhere near suraj
good governance and Gandhis
Swaraj self-rule.
Inclusive is the new buzz word
that has found currency in the economic
and political discourses in recent times
in India. The discourse in practice
is nowhere near the concept that
has been evolved by understanding
and explaining different crisis as
we saw earlier in the writings of
Fotopoulus. It is rarely understood
as direct participation by all the
citizens at all levels of the society.
Instead, in India we have digressed
into a grand appeasement strategy.
By inclusive democracy is meant a
few social and economic concession
programmes. On the economic front
some of main inclusive measures
are: Mahatma Gandhi Nati onal
Rural Employment Guarantee Act
(MGNREGA), the Indira Awas Yojana
housing for the poor, and the Public
Distribution System. As if the Roti
aur Makan schemes run by the central
government were not enough, some
state governments run sari and dhoti
distribution programmes too for
kapda. Mahatma Gandhi would have
never approved of this employment
guarantee programmes and doles in
which the poor and unemployed have
to beg for work and get involved
in corrupt systems of gaining work
and other freebies. It is not work
with dignity. Governments equity
and equality promoting economic
measures reek with corruption. Its
major flagship economic growth
policies and programmes continue to
exclude signifcant majority. Before
the discourse of inclusive democracy
was introduced the justifcation for
economic growth was given by calling
it growth with human face.
We claim in India that amendments
in the Panchayat Act have been
revolutionary and it is a golden leaf
in the chapter of inclusive democracy
characterizing direct participation.
Unfortunatel y, i t i s not. Over
enthusiastic implementation of SEZ
and SIR by the state governments and
especially in states like Gujarat make
mockery of political decentralization
at panchayat and village level. There
are by now number of instances in
Gujarat where the Gram Panchayats
have unanimously resolved not to part
with their common and private land
with or without compensation for the
use of industrial and purposes other
than the ones that the villagers use,
the central and the state governments
have ignored, overruled and carried
out threats to encroach upon these
land areas and handed them over
to the industrial houses and mining
mafas. It is happening in other states
too. Major decisions have already
been made about land use without
ever consulting the large majority of
land users most of whom are poor.
Nor any scientifc basis for land use
planning has been encouraged. This
defnitely is not inclusive democracy.
The plight of tribal communities
is worse still. The Provisions of
the Panchayat (Extension to the
Schedule Areas) Act, 1996, (PESA)
appeared revolutionary. It gave the
tribal communities control over the
natural resources on which they
depended for sustained livelihoods.
The actual devolution is incomplete.
The State has assumed total ownership
and at will exercise eminent domain.
Had it been to help the poor and
marginalized, it would have been
inclusive, but the eminent domain is
invoked largely to encourage mining
and industrialization.
By inclusive democracy
is meant a few social and
economic concession
programmes. On the economic
front some of main inclusive
measures are: Mahatma
Gandhi Natonal Rural
Employment Guarantee Act
(MGNREGA), the Indira Awas
Yojana housing for the poor,
and the Public Distributon
System. As if the Rot aur
Makan schemes run by the
central government were
not enough, some state
governments run sari and
dhot distributon programmes
too for kapda.
YOJ ANA August 2013 55
One more nuance of politically
i ncl usi ve democracy has been
introduced with which radical civil
society organisations also concur.
Suddenly we as a nation have gone into
rights mode. The rights perspective
implies that sections of deprived
citizens have a right to demand for
rights. Right to drinking water, right
to housing, right to livelihood, right
to employment, right to education,
right to health and one can go on
adding to the list. In addition, there is
a special category of rights for those
who have been socio-economically
disadvantaged. While there is full
merit in affirmative actions for
correcting some historical social
and economic wrongs that have been
committed on some, getting into rights
perspective without proper sense and
balance of duties associated with it not
only spells disaster, but also leads to
divisive politics. Since, the perceived
and stated objective and strategy for
gaining rights in irresponsible rights
perspective is to capture political
power and get access to and control
over economic gains, violence and
chaos are the likely results. As is
known, some rights activists believe
and practice in violent mode, they may
lead the country into a civil war. By
no stretch of imagination any of these
promote inclusive democracy.
The present cri si s i s rooted
elsewhere. Much as Fotopoulus and
others may think and wish that the
project for an inclusive democracy
did not only express the highest
human ideal of freedom in the sense
of individual and collective autonomy,
but it is also perhaps the only way out
of the present multidimensional crisis,
they have not been able to identify
the root problem correctly. So long
as unlimited economic prosperity for
humanity with the help of unregulated
use of science and technology is the
ultimate aim of humanity on this
planet, hardly any sane person or
thought can lead the humanity to
the kind of individual freedom and
collective autonomy that the Western
world dreams about, and certainly not
in India where we cannot even ape the
West well.
We need not have aped the West.
Gandhi had warned us clearly, not
today, way back in 1909 in his book
Hind Swaraj. He called the Hind
Swaraj as I ndian Home Rule.
He had read the minds of I ndian
revolutionaries and the reformists. In
Hind Swaraj in Chapter IV What is
Swaraj he wrote,
You have well drawn the picture.
In effect it means this: that we want
English rule without the Englishman.
You want the tigers nature, but not the
tiger; that is to say, you would make
India English, and when it becomes
English, it will be called not Hindustan
but Englistan. This is not the Swaraj
that I want.
Gandhi was well aware about the
liberty discourse then and had shown
disagreement with it. Gandhi showed
hi s di sagreement wi th Shyamj i
Krishnavarama founder editor. Indian
Sociologist and others and alleged
that they in The Indian Sociologist
had tried to pollute the ancient Indian
villages and homes by introducing
Spencers philosophy to youth of
India. He went on to say that such
Indian nationalist were not national.
The CWMG volume 19 Gandhi
addressed a university audience and
said.
I know that in the West there is a
powerful trend towards license. But I
have no desire to see students in India
take to such license I want to tell
you that the man who has not received
education for freedom-and I am sure
this is not to be had by reading Mill
on Liberty- cannot be taken to be a
free man.
Gandhi was clear that the concept
of freedom and liberty as perceived
in the West would lead to licentious
behavior. His concept of individual
freedom was deeply embedded in the
civilization and culture. Therefore,
before giving his concept on what
was freedom or Swaraj, he discussed
Indian civilization frst. In Chapter
XIV Gandhi replied to a question that
if Indian civilization was the best of
all why India had become slave. He
wrote,
Because the sons of India were
found wanting, its civilization has
been placed in jeopardy When
we are slaves, we think that whole
universe is enslaved... As a matter
of fact, it is not so, but it is as well
to impute our slavery to the whole
of India. But if we bear in mind the
above fact, we can see that, if we
become free, India is free. And in
this thought you have a defnition of
Swaraj. It is Swaraj when we learn to
rule ourselves The Swaraj I wish to
picture before you and me is such that,
after once we have realized it, we will
endeavor to the end of our lifetime to
persuade others to do likewise. But
such Swaraj has to be experienced by
each one for himself.
Swaraj for self is self-rule. The
education for freedom is nothing but
internal moral transformation. In this
context he wrote in Chapter IV that the
physical expulsion of the British from
India was not the essence of Swaraj:
self-transformation was. Groups of
such self-transformed individuals
were not only free individuals but
also had potential to form better
autonomous collectives.
The vision of economic system
came next. In Chapter VI of Hind
Swaraj Gandhi wrote how people
thought that living in better built
houses, wearing variety of clothing,
wearing shoes was all part of the
civilised society. Instead of spears,
people carried revolvers containing
In efect it means this: that
we want English rule without
the Englishman. You want
the tgers nature, but not
the tger; that is to say, you
would make India English, and
when it becomes English, it
will be called not Hindustan
but Englistan. This is not the
Swaraj that I want.
56 YOJ ANA August 2013
fve or more chambers. Ploughing land
with steam engines and making wealth
was hailed as a sign of civilisation.
Flying from one place to another was
considered the height of civilisation.
He visualised the future in the
following manner.
As men progress, they shall be
able to travel in airships and reach any
part of the world in a few hours. Men
will not need the use of their hands
and feet. They will press a button, and
they will have their clothing by their
side. Another button, and they will
have their newspaper. A third, and a
motorcar will be waiting for them.
They will have variety of delicately
dished up food.Formerly, when
people wanted to fght one another,
they measured between them their
bodily strength; now it is possible to
take away thousands of lives by one
man working behind a gun from a hill.
This is civilisation (Parel 1997).
Gandhi further wrote : Civilisation
seeks to increase bodily comforts, and
it fails miserably even in doing so.
The Civilisation is irreligion, and it
has taken such a hold on the people in
England that those who are in it appear
to be half mad. They lack real physical
strength or courage. They keep up
their energy by intoxication. They can
hardly be happy in solitude.
The Western society was highly
materialistic. In this context he did
not approve of industrialization.
The formation of industrial society
used brute force and hence direct
manifest violence and structural
violence were main features of the
modern industrial society. Gandhi
was opposed to such a civilization and
contemplated a non-violent society
that would be based on soul force,
truth force and love force. Gandhi did
not change his ideas even later in his
life on this fundamental vision about
the society. Gandhi ji's acceptance
of parliamentary democracy was a
compromise. Because he all along
knew that such a democracy would not
be inclusive unless the individuals had
taken education for freedom.
Gandhis perspective of inclusive
democracy emerged out of his vision
of the humane society. He did not
approve an industrial and urban
society. Rural settlements were the
ideal settlements for him that would
turn into non-violent societies. He
was clear about his vision even after
he had seen and accepted the change
in the freedom struggle where the
objective had become gaining freedom
from the British. He had not given up
his agenda of Swaraj as self-rule. In a
letter dated October 5, 1945, Gandhi
wrote to Nehru about his vision and
asked Nehru to respond. It was a long
letter and he wrote,
The frst thing I want to write
about is the difference of outlook
between us. I f the difference is
fundamental then I feel the public
should also be made aware of it. It
would be detrimental to our work for
Swaraj to keep them in dark. I have
said that I still stand by the system
of Government envisaged in Hind
SwarajI am convinced that if India
is to attain true freedom and through
India the world also, then sooner or
later the fact must be recognized that
people will have to live in villages,
not in towns, in huts, not in palaces.
Crores of people will never be able to
live at peace with each other in towns
and palaces. They will then have no
recourse but to resort to both violence
and untruth. I hold that without truth
and non-violence there can be nothing
but destruction for humanity
While I admire modern science,
I fnd that it is the old looked at it in
the true light of modern science which
should be reclothed and refashioned
aright. You must not imagine that I
am envisaging our village life as it
is today. The village of my dreams is
still in my mind. After all every man
lives in the world of his dreams. My
ideal village will contain intelligent
human beings. They will not live in
dirt and darkness as animals. Men and
women will be free and able to hold
their own against anyone in the world.
There will be neither plague, nor
smallpox; no one will be idle, no one
will wallow in luxury. Everyone will
have to contribute his quota of manual
labour. I do not want to draw a large
scale picture in detail. It is possible to
envisage railways, post and telegraph
offces etc. For me it is material to
obtain the real article and the rest will
ft into the picture afterwards. If I let
go the real thing, all else goes.
(The excerpts f rom the
correspondence are reproduced from
Parels book)
Let us remember that the destiny
of India was being shaped. One does
not know how much of Gandhis ideas
were understood by masses. Gandhi
depended on Nehru to carry forward
his ideas and ideal. Gandhi appealed
to Nehru and there was reason for it.
In the same letter Gandhi wrote,
I want our position vis--vis
each other to be clearly understood by
us for two reasons. Firstly, the bond
that unites us is not only political
work. It is immeasurably deeper and
quite unbreakable. Therefore it is that
I earnestly desire that in the political
feld also we should understand each
other clearly. Secondly, neither of us
thinks himself useless. We both live
for the cause of Indias freedom and
we both would gladly die for itI
want to live to 125 for the service of
India but I must admit that I am now
an old man. You are much younger
in comparison and I have therefore
named you as my heir. I must,
however, understand my heir and
my heir should understand me.
(Emphasis added).
Nehrus i deas di ffered. He
responded hurriedly promising that
he would write or engage in discussion
Gandhi ji's acceptance of
parliamentary democracy
was a compromise. Because
he all along knew that such
a democracy would not be
inclusive unless the individuals
had taken educaton for
freedom.
YOJ ANA August 2013 57
later. But what he wrote even in a
hurry is suffcient to understand that
on the form of the society and ways
and means of forming it differed with
Gandhi in a fundamental sense. Nehru
did not have any problems with basic
values of truth and non-violence, but
he did not seem to agree on the way of
doing it and the content. On October
9, 1945, He wrote,
I do not understand why a village
should necessarily embody truth and
non-violence. A village, normally
speaking, is backward intellectually
and culturally and no progress can be
made from a backward environment.
Narrow-minded people are much more
likely to be untruthful and violent.
Nehru was not comfortable with
village society. In this sense it appears
that he deeply appreciated modernity.
He also had a different and perhaps
more radical way of solving problems
that troubled the country then. In his
idea the State had a far bigger and
important role in shaping the destiny
of the last man. He made it clear in
his letter,
Then again we have to put down
certain objectives like a suffciency
of food, clothing, housing, education,
sanitation etc. which should be the
minimum requirements for the country
for everyone. It is with these objectives
in view that we must fnd out specially
how to attain them speedily. Again it
seems inevitable that modern means
of transport as well as many other
modern developments must continue
and be developedI f that is so,
inevitably a measure of heavy industry
exists. How far will that ft in with a
purely village societyIf two types
of economy exist in the country there
should be either conflict between
the two or one will overwhelm the
other.
Nehru also categorically brought
in the point about foreign aggression
and he wrote,
The question of independence and
protection from foreign aggression
both political and economic has to
be considered in this context. I do
not think it is possible for India to
be really independent unless she
is a technically advanced country.
I am not thinking for the moment
in terms of just armies but rather
of scientifc growth. In the present
context of the world we cannot even
advance culturally without a strong
background of scientifc research in
every department.
Nehrus dislike for villages was
deeper. On villages and towns issues
his response was the following,
There is no question of palaces
for millions of people. But there
seems to be no reason why millions
should not have comfortable up-to-
date homes where they can lead a
cultured existence. Many of the present
overgrown cities have developed evils
which are deplorable. Probably we
have to discourage this overgrowth
and at the same time encourage the
village to approximate more to the
culture of the town.
Apart from deeper difference on
how society should be formed in free
India, Nehru clearly admitted that
Hind Swaraj as a treatise on vision
of free India had never registered in
his mind. He had thought that even
Gandhi had grown beyond it and
hence a convinced reference to it
again in Gandhis October 5, 1945
letter surprised Nehru. In his response
he said,
It is many years ago since I read
Hind Swaraj and I have only a vague
picture in my mind. But even when I
read it some 20 or more years ago it
seemed to be completely unreal. In
your writings and speeches since then
I have found much that seemed to me
an advance on that old position and
an appreciation of modern trends
As you know Congress has never
considered that picture, much less
adopted itI t is 38 years since
Hind Swaraj was written. The world
has completely changed since then,
possibly in a wrong direction. In
any event any consideration of these
questions must keep present facts,
forces and human material we have
today in view, otherwise we will
be divorced from reality. You are
right in saying that the world, or a
large part of it, appears to be bent on
committing suicide. That may be an
inevitable development of an evil seed
in civilization that has grown. I think
it is so. How to get rid of this evil,
and yet how to keep the good in the
present as in the past is our problem.
Obviously there is good too in the
present.
It may be clearly seen that Nehru,
the heir apparent of Gandhi, had very
little conviction on Hind Swaraj. We
do not know whether important leaders
such as Sardar Patel and others had
more conviction. It does not appear
so because even after independence
when socio-economic policies were
framed by the government hardly
any leader swore by Hind Swaraj.
Nehru in a sense was right, hardly
anybody in Congress remembered
Hind Swaraj. Gandhi continued his
conviction because he was clear
and sure that unless his vision in
Hind Swaraj became the vision of
Indians and that of entire humanity,
inclusive democracy was not possible,
although he has never used the term
inclusive democracy. Here, inclusive
democracy implies what has been
described earlier in the framework of
Fotopoulus.
It appears that Gandhi did not
respond to Nehrus letter by another
letter. However, he did write a letter
on November 13, 1945 in which he
made a reference to a meeting that
took place between Nehru and him.
I n that meeting they did discuss
this subject and Gandhi in his letter
summarizes what he understood from
the discussion. The letter has very
insightful content. Gandhi wrote,
If two types of economy
exist in the country there
should be either conflict
between the two or one will
overwhelm the other.
58 YOJ ANA August 2013
It is necessary that we understand
each other well and that others also
should clearly understand where we
stand. It would not matter if ultimately
we might have to agree to differ so
long as we remained one at heart as
we are today. The impression I have
gathered from our yesterdays talk is
that there is not much difference in our
outlook. To test this I put down below
the gist of what I have understood.
Please correct me if there is any
discrepancy.
1. The real question, according to
you, is how to bring about mans
highest intellectual, economic,
political and moral development.
I agree entirely.
2. In this there should be an equal
right and opportunity for all.
3. I n other words, there should
be equality between the town-
dwellers and the villagers in
the standard of food and drink,
cl othi ng and other l i vi ng
conditions. In order to achieve
this equality people should be
able to produce for themselves the
necessaries of life, i.e. clothing,
foodstuffs, dwellings and lighting
and water.
4. Man is not born to live in isolation
but is essentially a social animal
independent and interdependent.
No one can or should ride on
anothers back. If we try to work
out necessary conditions for
such a life, we are forced to the
conclusion that the unit of society
should be a village, or call it a
small and manageable group of
people who would in the ideal,
be self-suffcient (in matter of
their vital requirements) as a unit
and bound together in bonds of
mutual cooperation and inter-
dependence.
I t appears that Nehru did not
write back on this subject. Between
November 1945 and August 1947
things were indeed moving at a rapid
pace and there would have been hardly
any leisurely exchange of ideas on this
subject between the two.
I for one am willing to state that
the four points made by Gandhi make
basic points for his idea of inclusive
democracy. There is a free person
in a social collective when there is
equal right and equal opportunity to
bring out the best in each. The unit of
society is the village. On this Gandhi
does not compromise. Village is not
only a human settlement as a habitat
place to live- it also determines the
scale and mode of production and the
size of economy. The self-suffciency
clause is more for living on what
nature offers in the neighborhood
compared to maddening efforts of
the humanity to secure objects from
all over the world and fght for free
trade that doggedly refuses to be fair
trade.
The main confict between Nehru
and Gandhis thoughts lies in the
understanding of free, modern and
progressive individual in an enabling
social and political environment
which is democracy. For the moment
let us focus on individual and his/
her interaction with others. The
central debate is about the economic
behaviour of the humanity, the
inevitability of its complexity largely
due to rapid development of science
and technology to control nature.
This debate has been very well
formulated by Ajit K. Dasgupta in
his book Gandhis Economic Thought
(Routledge, London, 1996). Inclusive
democracy under any perspective has
to perceive and treat individual as
the ultimate unit. Dasgupta writes in
Chapter 2,
Gandhis commitment to the
proposition that ultimately, it is the
individual who is the unit, inevitably
led him to an individualist, rather
than a collectivist view of societys
welfare. It was individuals, rather
than caste, class, tribe, race, or state
who matteredSocial choice which
was dictatorial or imposed could not
properly be regarded as choice at all and
satyagraha in the form of non-violent
non-cooperation always remained a
valid optionConsiderations relating
to individuals preferences and welfare
were therefore in Gandhis view
of crucial importance not only in
determining consumers choices on
goods and services but also for making
judgments about social and economic
institutions and policies. In this matter
Gandhis view is entirely in line with
the thrust of modern economic theory
which, unlike sociology and political
science, places the individual at the
centre.
Nehru and most others perhaps
failed to understand Gandhis position.
Nehru was for collective choices. India
went the planning way and perhaps
suffered a serious setback. Gandhi
would not have allowed this to happen
if he lived longer. He would have
offered Satyagraha and organized
constructive work based on village as
a socio-economic unit. Nehru assumed
a crucial and powerful role for the state
for achieving welfare of individuals.
Gandhi did not. Then he should have
gone the Western way. Why he did
not? Because Gandhi parts company
with standard economics as he has an
important element in his worldview
not fully shared and appreciated in the
Western thought. To quote Dasgupta
again, This is his conviction that
ones behaviour as an economic
agent cannot be isolated from ones
behaviour as an autonomous moral
agent. Ethical considerations and
individual moral values have to
inform the choices of an individual.
From this point of view as Dagupta
notes, the concept of preference that
is most relevant for economic analysis
If we try to work out necessary
conditons for such a life, we
are forced to the conclusion
that the unit of society should
be a village, or call it a small
and manageable group of
people who would in the ideal,
be self-sufcient (in mater of
their vital requirements) as
a unit and bound together in
bonds of mutual cooperaton
and inter-dependence.
YOJ ANA August 2013 59
is not individual preference as such
but rather individual preference
modified by reflection, corrected
by knowledge and experience and
regulated by ethical principles. This
ethical preference, Dasgupta says
lies at the heart of Gandhian approach
to economic theory.
Nehru seems to have missed this
completely. It appears that he did not
have patience to deal with this. He
understood the values and was for it.
Let us go back to the letter of October 9,
1945 again to see that he did recognize
the problem. He wrote, There is today
in the world a tremendous acquisitive
tendency both in individuals and
groups and nations, which leads to
conficts and wars. Our entire society
is based on this more or less. That
basis must go and be transformed into
one of cooperation, not of isolation
which is impossible But after this
recognition he was perhaps compelled
by the circumstances as he read and
understood and embarked on a path
that has ended up in an unequal
society.
Where did the Western world
lose out? Why the issue of inclusive
democracy came up from there? The
answer perhaps lies in their gross
neglect of the autonomous moral
agent and focusing only on the
economic agent who stopped mostly
at body and material growth. This
deeply disturbed the harmony with
self, among selves and with nature.
This might appear rather simple and
therefore unacceptable, but it is at
the root as Gandhi had understood
and explained. Focus on body led
to becoming acquisitive and greedy.
Such individuals in collectives wanted
to acquire control over nature in
their own settlements, countries and
other countries. Political power was
needed to gain economic power and
control. Fotopoulus has explained
this in his book. He examines various
approaches that have been tried by
the economists and environmentalists
to fnd a way out of economic and
ecological crisis. He does not see
much hope in Brundtland Committee
report on sustainable development.
He also is not convinced that the
deep ecology approach which blames
anthropocentricity for the ecological
problems has sustainable solutions. He
says that both the Left and Right make
similar assumptions. Specifcally,
the proposals made by both ends
of the political spectrum, despite
appearances, do not differ signifcantly
between them, as both the Right and
the Left take for granted the existing
institutional framework of the market
economy and liberal democracy.
Fotopoulus goes on to show that
in suggesting alternatives the Right
recommend more marketization
and the Left suggest more Statist
approach. He criticizes both but comes
up with a proposition that is unclear
and does not touch the individual and
his preferences. Here what Fotopoulus
says by way of his recommendation
for showing the way out.
So, what is needed to open the way
for new forms of social organization
is the development of a similar mass
consciousness about the failure of
actually existing capitalism to the
one that led to the collapse of actually
existing socialism. Today, there is
a pressing need to transcend both
the neoliberal market economy and
socialist statism in order to put an end
to economic misery, which oppresses
the majority of the worlds population,
and to arrest the ecological destruction
which threatens us all.
Gandhi focused on the individual
and his responsibility to self, fellow
human and nature. To put it in the
nuanced Indian culture, the order for
Gandhi was vyakti, samashti, and
srushti. The individual and societal
efforts have to be mended and mentor
the individual in a way in which
vyaktis interface with samashti is
harmonious and hence each and
every vyakti is an essential part of
the processes in samashti. However,
vyaktis mindset in interacting with
prakruti has to be the following.
I s hav as y am i dam s ar v am
Yatkinchit Jagatyam Jagat;
Ten tyaktena bhunjitha maa grudha
kasya swid dhanam.
Whatever there is changeful in
this ephemeral world, - all that must
be enveloped by the Lord. By this
renunciation (of the World), support
yourself. Do not covet the wealth of
anyone.
With science and technology
advancements as well as human
achievements, nature has to be
treated with respect and humanity
must not cancel tomorrow. Although
individual freedom is the ultimate
goal, humanity needs to go the
Gandhian way of education. Gandhi
himself was educated till the last day
of his life. He has suggested this kind
of education not only for us Indians,
but also for all the citizens of this
world. Such education would inform/
infuence the preferences and choices
of individuals. The resultant position
would not be of pursuing limitless
wants. It is imperative that the desire
to acquire more and more should go
down. The era of equality of rights and
opportunities can then be established.
The relationship between human
and nature would alter, averting the
ecological crisis.
Inclusive democracy should have a
clear political perspective. Gandhi did
Consideratons relatng to
individuals preferences
and welfare were therefore
in Gandhis view of crucial
importance not only in
determining consumers
choices on goods and services
but also for making judgments
about social and economic
insttutons and policies. In
this mater Gandhis view is
entrely in line with the thrust
of modern economic theory
which, unlike sociology and
politcal science, places the
individual at the centre.
60 YOJ ANA August 2013
not spell it out in his Hind Swaraj very
clearly. However, later, in an interview
that he granted on 28
th
J uly 1946, he
gave his vision of the relationship
between the individual, the state
and the world community. It may be
reiterated that his concept of Swaraj
has in it all components of inclusive
democracy. Gandhi said,
every village will be a republic
or panchayat having full powers. It
follows, therefore, that every village
has to be self-sustained and capable
of managing its affairsultimately,
it is the individual who is the unit.
This does not exclude dependence on
and willing help from neighbours or
from the world. It will be a free and
voluntary play of mutual forces
every man and woman knows what
he or she wants and, what is more,
knows that one should want anything
that others cannot have with equal
labour.
The settlement unit is defned and
the educated individual with refected
preferences is free to operate with
equal rights and opportunities. On the
relationship among villages Gandhi
said,
I n this structured composed
of innumerable villages, there will
be ever-widening, never-ascending
circles. Life will not be a pyramid
with the apex sustained by the bottom.
But it will be an oceanic circle whose
centre will be the individual always
ready to perish for the village, the
latter ready to perish for the circle of
villages, till the last whole becomes
one life composed of individuals,
never aggressive in their arrogance
but ever humble, sharing the majesty
of the oceanic circle of which they are
integral units.
Gandhi was aware indeed that
the picture that he had drawn would
be called utopian immediately. But
he argued that his picture was like
the Euclids point. One is never
there but tries ever. His advice to us
Indians was that we had the cultural
background and heritage to charter
the course. It can be seen that his
concept of inclusive democracy is
more concrete compared to the ideas
that are discussed in the present
day literature on the subject. At this
juncture, we may fnd it diffcult to
undo what has been already done, but
our wrongdoings should not continue
forever. It is possible to take a turn and
move towards educating for self-rule
and have healthy relation with fellow
human beings and nature. q
(Email: [email protected])
...the order for Gandhi was
vyakt, samasht, and srusht.
The individual and societal
eforts have to be mended and
mentor the individual in a way
in which vyakts interface with
samasht is harmonious and
hence each and every vyakt
is an essental part of the
processes in samasht.
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YOJ ANA August 2013 61
ndia is the worlds largest
democracy. The one
achievement, which is
usually highlighted as
an important outcome
of democracy i n the
country, is the growing sense of
empowerment and breaking the
shackl es of margi nal i zati on by
the weaker sections of the society.
However, we often miss the fact that
empowerment and marginalization
sometimes go together, sometimes side
by side, at times supplementing each
other or countering each other, with
the cases varying for the communities
that are competing for development in
democracy. So marginalization appears
in our everyday life in both ways it is
real and constructed. Here we are going
to overview place of dalits in inclusive
democracy of bigger Indian state like
Uttar Pradesh.
Some people say democracy
is deepening as dalits are being
empowered. However, i n thi s
celebration of democracy, we have
forgotten that only a few castes and
a small section of the dalits acquired
visibility, while a huge cluster of dalit
communities are still very far from the
door of democracy. This large section
may be seen as voiceless. They are
invisible. These castes are the ones
who have no voice to assert themselves
and move ahead. Here the term assert
means having a voice, which matters
and cannot be ignored. Voice is not
Democracy and Marginalities
DALIT EMPOWERMENT
Badri Narayan
EAR TO THE GROUND
The communities
that are in the
margin of the
margins will have
to struggle hard
by displaying their
politics of the
presence
I
The author teaches at the GB Pant Social Science Institute J husi, Allahabad and is an analyst of Dalit issues.
merely a speech act but is a voice that
can grant them recognition. It creates
the capacity for intervention that might
liberate them from the conditions
of invisibility .Why do we need a
voice? The reason is that voice makes
us visible, not in the sense of being
physically seen but in being regarded as
relevant to the distribution of speaking
opportunities.
Dalits among Dalit: Remapping the
Margin
In the context of contemporary
dalit politics, the term dalit include
Scheduled Castes, Scheduled Tribes,
the so-called criminal tribes, nomadic
tribes, Other Backward Castes (OBC)
and other backward social groups.
These are the communities that are
socially, educationally, economically
and culturally backward and have
remained so for many centuries. The
word dalit is a recent one but the
concept of dalitness is old. The term
dalit in Sanskrit is derived from the
root dal, which means to split, break,
crack, and so on. When used as an
adjective, it means amputate, stepped
on, split, broken, burst, destroyed,
crushed, ground. Dalit implies those
who have been broken and ground
down by those above them in the
social hierarchy, in a deliberate and
active way. There is in the word itself
an inherent denial, karma, pollution
and justifed caste hierarchy. Dalit is
62 YOJ ANA August 2013
a symbol of change and revolution.
According to Nandu Ram, though the
term dalit represents a broader social
category of people, in more recent
years it has become a nationwide
phenomenon and is widely used by
all the untouchables irrespective
of traditional and parochial caste
distinctions, also becoming their
social identity.
The term dalit was frst used by
Dr. Ambedkar but some sources
claim that Swami Shraddhanand, a
follower of Arya Samaj, frst coined
it. However, the etymology of the
term goes back to the ancient times
when they were known in the ancient
Hindu religious texts as shudras,
atishudras, chandals, antyuj and so
on. In the 19
th
century, a Marathi social
reformer and revolutionary, Mahatma
J yotirao Phule, used it to describe the
outcastes and untouchables as the
oppressed and crushed victims of
the Indian caste system. Apparently,
it was used in the 1930s, as a Hindi
and Marathi translation of depressed
classes, a term the British used for
what are now called the Scheduled
Castes. In 1930, a newspaper was
published for the depressed classes in
Pune called Dalit Bandhu (Friends
of Dalits) (Bechain Ibid: 98). Dr.
Ambedkar also used the word in his
Marathi speeches. With increased
sensitivity, the leaders of the Indian
freedom struggle replaced it by a new
term Harijan coined by Mahatma
Gandhi. In the cultural parlance, they
were all commonly known as achhut,
while in the legal terminology they
were called Scheduled Castes.
Schedul ed Castes were the
castes listed in the schedule by the
Government of India Act, 1935. They
were defned as such castes, races
or tribes or parts or groups within
castes, races or tribes, being castes,
races, tribes, parts or groups, which
appear to His Majesty in Council to
correspond to the classes of persons
formerly known as the depressed
classes, as His Majesty in Council may
specify (Act 1935, First Schedule
26.i). The purpose of lists, in the
schedules, was merely electoral, since
seats in the legislative assemblies
at the national and provincial levels
were to be reserved for members
of listed castes, and they were to
form a primary electorate to choose
candidates. An I ndian Franchise
Committee, assisted by, amongst
others, the anthropologically learned
Commissioner for the 1931 Census
J .H. Hutton, deliberated at length
over the criteria for inclusion and in
particular over untouchability .
Dalits also include the Scheduled
Tribes, who are referred to as adivasi
or original settlers in the Constitution
of India. In 1931, they were given the
name Scheduled Tribes after they were
included in the list of communities
needing special attention. I n UP,
the total population of Scheduled
Tribes is 22 per cent and they are
mainly concentrated in Mirzapur and
Sonebhadra. The so-called criminal
castes are those that were listed as
criminal tribes by the British. They
were de-notified in 1952 through a
parliamentary act, and some of these
castes were included in the Scheduled
Castes. Many of them are nomads, who
wandered from place to place, across
the country.
OBCs are those castes which
occupy an intermediary position in the
Hindu caste hierarchy. Economically
and socially they were as backward
as the untouchables but their touch
was not polluting for the upper castes.
They could thus work as servants
in their households. This led these
castes to identify themselves more
with the upper castes than with the
untouchables and to keep away from
them. But after the implementation
of the Mandal Commission report
granting protective discrimination to
Scheduled Castes, the OBCs and the
Backward Castes, a unity was forged
between the dalits and the OBCs
against the upper castes during the
anti-Mandal movement.
In UP, the dalits together comprise
21 per cent of the total population
of the state. In our researches, we
observed that communities that dont
have education, community leaders
and caste histories and heroes are
unable to create their own identities,
which can make their communities
assertive in democratic politics.
Thus within the dalits the term
ati-dalit (lowest of the low) has
become a part of the dalit intelligentsia
vocabul ary as a resul t of thi s
exclusion.
The communities that are in the
margin of the margins will have to
struggle hard by displaying their
politics of the presence. They need to
acquire visibility, which is possible
only through acquiring the capacity
to desire through the means that
empowered the other dalit castes.
These lesser dalit groups need to
counter their disembodiment and to
do that they need to develop their own
politics. The dominant dalit groups
that now have control on the scarce
resources should act as agencies to
help distribute them to the poorest of
the poor rather than gobble them up
themselves. In fact, for dalit politics to
be sharp and dynamic it is necessary
that all smaller and lesser dalit groups
that are now invisible and unseen,
are included within its socio-political
matrix. q
(Email:[email protected])
The dominant dalit groups
that now have control on the
scarce resources should act
as agencies to help distribute
them to the poorest of the
poor rather than gobble them
up themselves. In fact, for
dalit politics to be sharp and
dynamic it is necessary that
all smaller and lesser dalit
groups that are now invisible
and unseen, are included
within its socio-political
matrix.
YOJ ANA August 2013 63
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64 YOJ ANA August 2013
HIS ARTICLE highlights
the significant aspects
of the successf ul
demographic transition
in Kerala and its lessons
for India and argues for
new policy and programme thrusts
to accelerate the national effort of
Family Planning and Population
stabilisation.
Demographic Profle of Kerala
India is the second most populous
country in the world and is expected
to overtake China by 2030. In 1961,
Indias population was 43.9 crores
and it reached 121 crores in 2011.
With 2.4 percent of the land area of
the whole India is already supporting
17 percent of the world population.
The annual exponential growth rate
of population is above the national
average (1.6 percent per annum)
for the states of Bihar, J ammu and
Kashmir, Chhattisgarh, J harkhand,
Rajasthan, Delhi, Madhya Pradesh,
Uttar Pradesh, Haryana, Uttarakhand
and Gujarat. Why are these states
still demographically backward? Is
there any message for them from the
southern parts of India especially
Kerala?
In Kerala, there has been a sharp
decline in the growth rate of population
after 1971 (Fig.1). At the all India
level, such a downturn in the growth
rate of population was visible only
after the year 1991.
National Family Welfare Programme
some lessons from the experience in Kerala
HEALTH
S Krishna Kumar
EXPERENCE
There is an urgent
need for revisiting
and upgrading the
family planning and
population control
programmes for
greater results
Assessment of Family Welfare
Programme in Kerala
In Kerala the FWP was started
in 1955, with 11 clinics attached to
medical institutions. The path that this
programme took in Kerala followed
three distinct phases: frst, a period
of slow growth during 1955-64,
second, a period of reorganisation
and establishment of State Family
Planning Centres during 1964-70 and
lastly, the intensive Family Planning
campaigns of early 70s followed by
a period of intensifed maternal and
child health services from mid 70s
onwards.
The decadal population growth of
Kerala presents a conducive scenario
for development. About sixty years
ago, in 1951, Kerala was in the early
stage of its demographic transition.
The total population of the State was
13.5 million, growing at a robust rate
over 2 percent year. The birth rate was
about 45 and the crude death rate was
20 per 10000 population. The TFR
was over 6 and the expectation of life
at birth was about 40 years. These
were parameters of an underdeveloped
economy.
Fifty years later, in 2012, the
population has increased to 31.8
million. The birth rate has declined to
about 17 births per 1000 population.
TFR has declined to 1.8 children per
The author was Union Minister for 9 years handling Ministries of Health and Family Welfare, Textiles, Information and Broadcasting, Petroleum and
Natural Gas, Defence, Non Conventional Energy and Agriculture. He served 17 years in the IAS heading several important Government departments
and several Central and State Government Undertakings.
T
YOJ ANA August 2013 65
woman. In the year 1988 itself, Kerala
had achieved the replacement level
TFR of 2.1, the frst Indian state to
do so (Report of Technical Group of
2001 Census, 2006). The crude death
rate has declined to 6 deaths per 1000
persons; infant mortality to 22. Only
10 to 11 out of 1000 children born
in a year died during the frst year of
their lives.
The proporti on of coupl es
effectively protected by family
planning methods in Kerala is the
highest in India. Even in 1991 as per
census data, 80 percent of couples in
Kerala were using family planning
methods as against the all I ndia
fgure of 43 per cent. The fgures for
Kerala in the case of general fertility
rate, gross reproductive rate and total
fertility rate are the lowest in India.
In Kerala, majority of births occur
with an interval of 36 months and
above, which is 2
nd
highest in India
following Assam. The birth rate in
the state is 40 percent below that
of the national average and almost
60 percent below the rate for poor
countries in general.
The maj or f oundati onal
circumstance which explains the
dramatic fall in birth rates in Kerala
and success in other demographic
indicators compared to the rest of India
is the states successful performance
in beyond family planning areas,
female and general literacy, womens
empowerment, health infrastructure
and access to health services, social
welfare measures, child survival,
age of marriage, public distribution
system, nutritional security and
poverty alleviation.
Studies have shown that higher
female literacy from around 1960s
in Kerala was a specially dominant
factor behind the decline in fertility
rates. The role of the Universal
Immunization Programme through its
very effective communication strategy
for creating demand for antenatal care
and child immunization played a major
role in achieving higher nutritional
level among pregnant women and
their children and demand a host of
other health related practices gave
further support to the family planning
programme.
Table :1 Demographic Indicators of India and Kerala from 1961 to 2011
Indicators
1961 1981 2011
India Kerala India Kerala India Kerala
Population Size (in Millions) 439 16.9 683 25.4 1210 33.3
Population Growth Rate (1951-1961) +21.51 +24.76 +24.66 +19.24 +17.64 +4.86
Population Density 142 435 216 655 382 859
Sex Ratio 941 1022 934 1032 940 1084
Child Sex Ratio 976 971 960 970 914 959
Female Literacy Rate 15.4 38.9 30.0 65.7 65.46 91.98
Age at Marriage for Females 16.3 20.2 18.6 22.1 18.3 22.7
CBR 41.7 31.1 33.9 25.6 22.1* 14.8*
CDR 22.8 9.0 12.5 6.6 7.2* 7.0*
Average Household Size 5.5 5.9 5.5 5.8 5.0** 5.0**
*CBR and CDR 2010 SRS Bulletin, ** 2011 Census Highlights
Source: Various Censuses and SRS Bulletins
Table-2 shows the progress of demographic indices of Kerala in respect to India from 1961 to 2011.
1961 2011
Growth rate India declines from 21.51 to 17.64
Kerala declines from 24.76 to 4.86
Sex ratio (female to male) India decreases from 941 to 940
Kerala increases from 1022 to 1084
Female literacy rate India increases from 15.41 to 65.46
Kerala increases from 38.9 to 91.98
Age for marriage for female India increases from 16.3 To 18.3
Kerala increases from 20.2 To 22.7
66 YOJ ANA August 2013
The status of the Indian Family
Planning Programme
According to Government of
India statistics the NFP programme
has succeeded in averting 44.3 crore
births during its operation from 1956
to 2011. In spite of this the population
of India grew to 121.0 cr in 2011.
Theoretically, had it not been for the
NFP, the population in 2011could have
been 44.3 cr more i.e. 165.3 cr.
Estimated eligible couple in India
as on March 2011 is 20.4 cr of which
40.4 percent are effectively protected.
Table: 3
Demographic Indicators, Kerala: 2001-2025
Indicator 2001-05 2006-10 2011-15 2016-20 2021-25
Population growth rate 0.9 0.8 0.6 0.5 0.4
Crude Birth Rate (CBR) 16.3 15.4 14.2 13.1 12.3
Crude Death Rate (CDR) 6.8 7.0 7.1 7.4 7.8
Infant Mortality Rate
(IMR)
12.1 11.1 10.0 9.2 8.4
Under-5 mortality rate
(q5)
14.1 13.0 11.8 11.0 10.1
Total Fertility Rate (TFR) 1.8 1.8 1.8 1.8 1.8
Life expectancy of males 70.8 72.0 73.2 74.2 75.2
Life expectancy of
females
76.0 76.8 77.6 78.1 78.6
Source: Census of India 2001 Population Projections for India and States 2001-2026,
Report of the Technical Group on Population Projections Constituted by the National
Commission on Population May 2006.
Thus unprotected couples are 20.4 x
59.6 percent =11.4 cr.
Sterilisation is by far the most
effective family planning method in
the country. Sterilisation achieved
all India from 1993-94 to 2010-2011
are a steady average of 4.7 million
a year (from Government of India
fgures). The performance of family
planning services are showing a
marginal decline in all methods for
the year 2010-11 compared to 2009-10
(source: HMIS): Government of India
admits that there is no improvement in
number of sterilizations and it remains
static; and that there has been a decline
in number of IUCD insertions. The
percentage of couples effectively
protected is generally coming down
as shown in Table 4:
Table: 4
Years percent Effectively
Protected
2007 46.2
2008 46.5
2009 42.9
2010 41.6
2011 40.4
Due to performance of the family
planning programme falling short of
the targets, the date line by which
the birth rate of 25 per 1000 is to be
achieved has been allowed to recede
further and further into the future.
It is evident that the present rate of
achievement in Family Planning has
to be accelerated and the total effort
multiplied many fold if the nation is to
witness the needed decline in the birth
rate in the coming years.
India should follow the Kerala way
the intensive campaign approach
Swaminathan Commission (1994)
inter alia, recommended abandoning
the idea of fxing targets for the use
of specifc contraceptive methods by
the Central and State governments
and discontinuance of incentives in
cash or kind to contraceptive users
and motivators. Though most of
the incentives are still operative
there are now no targets for the FP
programmes and the main impact
indication is the TFR. In the authors
opinion the discontinuance of targets
has been counterproductive and has
succeeded only in relegating the
family planning programme to the
background in the health care matrix,
diffused responsibilities and killed
critical measurement of achievement
of programme components.
The national commitment has to be
measured in terms of results achieved,
correction of sloppy work as well as
Figure-1
YOJ ANA August 2013 67
rewards for excellent performance. By
this single step alone the performance
of the programme can be augmented
two or three fold.
Gap bet ween awareness and
acceptance
The last survey fgures available are
from NFHS-3 (2005- 06) and DLHS-3
(2007-08), which are being used for
describing current family planning
situation in India. Nationwide, the
small family norm is widely accepted.
The wanted fertility rate for India as a
whole is 1.9 and the general awareness
of contraception is almost universal
98 percent among women and 98.6
percent among men (NFHS-3).
As against this near universal
awareness the percentage of couples
protected was only 40.4 in 2011
clearly indicative that the focus in
the programme should be to bridge
the gap between awareness and actual
acceptance of a preferred method
by each eligible couple through the
twin strategies of providing quality
services and an intensive campaign
of motivation and logistics.
Under ut i l i sat i on of exi st i ng
infrastructure and personnel
The existing facilities by way of
men and infrastructure in the National
Family Planning Programme were
and still are grossly underutilised
in terms of results achieved. This
becomes clear if one looks at the
effectiveness of the functioning of the
grass root level workers employed by
the Government for the programme.
A Public Health Centre covers only
an average rural population of 34876
and a sub centre 5624. The family
planning infrastructure in India is
given in Table 6 and the manpower
directly or indirectly associated with
programme in Table 7. It will be seen
that a great question mark before the
National Family Planning Programme
in India is not so much the extension
of the infrastructure and increase in
the personnel (which is very welcome
and should be promoted) but more
that of the existing infrastructure not
being utilised properly as well as the
existing personnel not being made to
achieve their basic output in terms of
results in the programme.
One of the key aspects in the efforts
towards improvement of the National
Family Planning Programme is the
involvement of the District Collector
and the Panchayath Raj institutions
firmly in its implementation. I n
the I ndian situation, the District
Collector is in an ideal position to
coordinate within the geographic
area of each district in India, the
official and non-official agencies,
government functi onari es and
voluntary organisations as well as
mobilise the technical, managerial
and fnancial resources in the district
in support of the programme. Also
the Panchayath Raj system provides
a huge grassroot level mechanism
for popular mobilisation for the
programme throughout the country.
It may be noted that the above two
factors were responsible for the
outstanding success of the Ernakulam
campaigns in the early nineteen
seventies.
Source: The Kerala State Economic Review 2011, pg. 37
Figure: 2
Table: 5
Stated goals in recent National Population and Health Policies
related to Family Welfare and their current status
Program/Policy
Goals
X Five Year Plan
(by 2007)
NPP (by 2010) NRHM (by
2012)
MDC (by 2015 Current Status
(Reference Year)
Infant Mortality
Rate
45 <30 30 27 50( 2009)
Maternal Mortality
Ratio
200 <100 100 100
212 (2009)
Total Fertility Rate NA 2.1 2.1 2.1
2.6 (2009)
68 YOJ ANA August 2013
Table: 7
Manpower directly or indirectly associated with FP Programme
Health worker (female) / ANM at Sub centres &
PHCs
- 207868
Health worker (male) at sub centres - 52215
Health assistant (female / LHW) at PHCs - 158222
Doctors at PHCs - 26329
Surgeons at CHCs - 1018
Obstetrician & Gynaecologist at CHCs - 1389
Physician at CHCs - 819
Paediatrician at PHCs & CHCs - 1041
Specialists at CHCs - 6935
General Duty Medical Offcers at CHCs - 11798
Pharmacists at PHCs & CHCs - 24671
Nursing staff - 65344
Block Extension Educators at PHCs - 2480
Total - 560129
Total No. of PHCs - 23887
Functionaries directly or indirectly at each PHC - 560129 =23.4
23887
Table: 6
Family Planning infrastructure
in India
(As on March 2011)
Subcentres - 148124
PHCs - 23887
CHCs - 4809
Sub district hospitals - 985
District hospitals - 613
Mobile Medical units - 1825
Total 180243
Camps and campaign approach
Continuation of sterilization camps
in the states with high fertility and
increasing male participation and
promoting Non Scalpel Vasectomy is
still the stated policy of Government.
One of the major strategic themes
of NPP 2000 is increasing male
participation in Planned Parenthood
and the promotion of No-Scalpel
Vasectomy (NSV) acceptance is the
most important and visible component
of increasing male participation
towards addressing the issue of gender
equity.
The NSV, a modi fi ed mal e
sterilization technique, was introduced
in 1997. Human resource development
with a three pronged strategy for
training surgical faculty from Medical
colleges, district NSV trainers and
service providers is in place. As per
the latest reports available (NIHFW
and State data) there are around 8000
NSV providers in the country. NSV
trainers have to be made widely
available across the states. Surgical
faculty training should be expanded.
Male sterilization as a percentage
of total sterilization had reached a
low of 1.89 percent in 1999 and was
hovering around 2.5 percent until
2006 without much improvement. As
a result of intensive efforts to increase
male participation, the proportion of
male sterilization rose to 4.3 percent
in 2007-08 and 5.5 percent in the year
2008-09 and it has further improved
to 5.6 percent in 2009-10. But it
declared to 4.4 percent in 2010-11.
I t is encouraging that NSV as a
percentage of total sterilization has
generally increased in the last decade
across the country and more and
more states are moving in the positive
direction:
Nati onal Fami l y Pl anni ng
Insurance Scheme (NFPIS): Govt. of
India launched the NFPIS Scheme in
November, 2005 to compensate the
acceptors of sterilization or his/her
nominee in the unlikely event of failure,
complications, death, following a
sterilization operation and to provide
for indemnity cover to the medical
offcers and the health facilities.
The intensive family planning
campaign and the camp approach is
already one of the devices which are
part of the programme. The camp
approach was continued in most states
across India http://mohfw.nic.in/
NRHM/FP/. Thus the present policy
framework itself in conducive to the
camp approach being combined with
the clinic and campaign approach
and sterilisation, especially male
sterilisation being promoted.
From Table-8 it can be seen that
there are only an average of 5348
unsterilised couples and only 2034
unsterilised couples exposed to
higher order of 3 & 3+births in one
PHC area. If we propagate only 2
children as ideal we need to tackle for
sterilisation only those unsterilized
couples exposed to 3 & 3+couples.
Please note that the number of family
planning programme personnel per
PHC in 24 or one offcial is available
for every 84 such couples.
Even if the campaign succeeds in
covering 60 percent of those 2035 or
say 1200 couples the criticality of the
mass of acceptance will generate the
situation of the rest accepting family
planning in due course as has been
demonstrated in Ernakulam district
and Kerala.
Need f or s t eppi ng up mal e
sterilisations
In the present of the sterilisation per
year 97 percent are female sterilisation
- and male sterilisations are only 3
percent. With even a faction of the
campaign effort proved in Ernakulam
YOJ ANA August 2013 69
it could be brought up to 50 percent
with an annual achievement of male
sterilisations of 5 million. If each
of the institutions devoted to family
planning alone numbering 180243
were to achieve one male sterilisation
in 2 weeks we would reach an annual
achi evement of 5 mi l l i on mal e
sterilisations in the country. PHC
wise the achievement required is
only one sterilisation in 2 days with
a team of 24 functionaries who can
directly or indirectly contribute to this
achievement.
The acti ve cooperati on and
participation of male accepters is vital
for ensuring programme acceptance.
Further, currently, over 97 percent
of sterilizations are tubectomies
and this manifestation of gender
imbalance needs to be corrected. The
strategy should be to re-popularize
vasectomies, in particular no-scalpel
vasectomy as a safe and simple
procedure, and focusing on men in the
information campaigns.
Proposed intensive campaign
Based especially on the Ernakulam
experience I suggest that every year for
a period of three years the following
campai gns focussi ng on mal e
sterilisation be organised to supplement
the present normal activities through
the family planning infrastructure.
Diu, Karnataka, Mizoram, Nagaland,
Sikkim and Lakshadweep.
The campaign should be designed
with targets differentiated state and
district wise for the nation as a whole
to reach the designated TFRs.
Precaut i ons i n t he i nt ensi ve
campaign
In order to avoid any possibility
of bureaucrati c bungl i ng and
mi smanagement i n a campai gn
approach of this nature and possible
excesses which will give a bad name
to the programme we can formulate
an in-built precautionary mechanism
in the following manner:
a. All campaigns should be supervised
by a team of offcials and non-
officials including voluntary
workers and representatives of
the Government of India and
State Governments. The job of
the supervisory team shall be to
ensure that services are given
only after proper motivation, the
services rendered are technically
perfect, proper after care is
organised and that there is no
coercion or indecent persuasion
for the adoption of any particular
method of the programme. The
team shall also ensure that work is
actually performed and that there
are no malpractices by way of
bogus acceptors and fabrication of
records to defraud the exchequer
of the incentive money and other
allowances.
b. Clear guidelines by way of a detailed
compendium of instructions on
how to organise an intensive
campaign/camp in a District, and
in a Community Development
Block can be prepared in the
light of past experience. And
also the District Collectors, the
Block Development Officers
and Panchayat Raj leaders can
be trained through an orientation
course which they must undergo
before organising a camp or
campaign in their areas.
The targets suggested are less than
ten percent of the achievement of
the Ernakulam camps where 64000
vasectomies were achieved in one
month long camp in 1971.
The annual national achievement
with then become 12.5 m. sterilisation
equivalent with the 5 m. female
sterilisations of the present programme,
5 m. male sterilisations through
the intensive campaign and 2.5
sterilisation equivalents made up from
IUD insertions, distribution of Nirodh
and other spacing methods. The
above fgures or the above approach
is not utopian but eminently feasible
given a focussed approach with the
full participation of government, the
NGOs and Panchayath Raj Institution.
This campaign will enable the FP
programme to reach its full potential
and speed the country towards zero
population growth rate and population
stabilisation.
State and District wise differentiated
thrust
20 States/ UTs have already reached the
replacement level of fertility i.e. total
fertility rate (TFR) of 2.1: Andaman
& Nicobar Islands, Goa, Puducherry,
Mani pur, Tami l Nadu, Keral a,
Tripura, Chandigarh, Andhra Pradesh,
Himachal Pradesh, West Bengal,
Punjab, Delhi, Maharashtra, Daman &
Table: 8
Index Crore
Midyear population 2011-12 121.80
Estimated Eligible couple 20.55
Sterilised couples 7.78
Unsterilised couples 12.77
Birth under 3 and above couples (2007-08) 37.4 percent 4.86
No. of PHCs 22887
No. of unsterilized eligible couples per PHC 5348
No. of unsterilized couples exposed to higher order of
births 3 & 3+per PH
2034
Source: Government of India statistics
70 YOJ ANA August 2013
c. Si mi l ar compendi um of
instructions can be prepared for
voluntary organisations who come
forward to do a campaign in their
area with infrastructural, technical
and fnancial support of the Family
Planning Department.
The i mportant functi onari es
of the department starting from
the Union Health Minister, the
Health Secretary, National Family
Planning Commissioner, Members
of the Population Advisory Board
etc. can give personnel leadership
and supervision to this mass based
campaign all over the country. They
can give on the spot instructions
to ensure that the programme is
run within the guidelines without
any possibility of malpractices or
excesses.
Conclusion
As this article tries to enunciate,
there is an urgent need for revisiting
and upgrading the family planning
and population control programmes
for greater results. With a focussed
handling of the existing infrastructure
and available manpower, through
a sustained camp with campaign
approach the stipulated goals of TFR
can surely be achieved in a decade.
Other states in India may study the
experience of Kerala with respect to
its success of the Family Planning
programme and its basic features
including the campaign approach
should be incorporated in the National
Family Programme. q
(E-mail:[email protected])
640 Districts with an average target of 4,000
sterilisation each to be achieved through a
district level camp.
= 2.560 million
23887 PHCs in coordination with Community
Development Blocks to achieve 500 sterilisation
a year through an intensive campaign/camp
= 1.195 million
2,032 Urban Family Welfare Centres in
coordination with the urban local bodies to
achieve 500 sterilisation each.
= 1.016 million
Selected 1000 voluntary organisations /
institutions to achieve 500 sterilisation
equivalents each.
= 0.500 sterilisation
equivalents.
Total = 5.231 million say 5
million
Table: 9
No. of Districts which had the Estimated TFR <= 1.5
based on Census 2011
State District TFR
Karnataka Udupi
1.2
West Bengal Kolkata
Kerala Pathanamthitta
1.3
Tamil Nadu The Nilgiris
Delhi New Delhi
1.4
Karnataka Chikmangalur
Kerala
Alappuzha, Idukki, Kollam, Kottayam, Thiru-
vananthapuram
Maharashtra Mumbai, Sindhudurg
Tamil Nadu Chennai, Coimbatore, Erode, Kanyakumari
Andhra Pradesh Karim Nagar, Krishna
1.5
Goa North Goa
Karnataka Dakshina Kannada Hassan Kodagu Mandya
Kerala Ernakulam Thrissur
Tamil Nadu Namakkal Thanjavur Thiruvarur
Source: Guilmoto and Rajan (2012)
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YOJ ANA August 2013 71
hen they were
We l c o me ( d ) t o
Sajjanpur, not only
their inclusion in
democracy was the
core issue but the
movie leads the audience further
with the optimism of a desired fair
democratic system that would be
good for all. The movie depicts the
democratic victory of transgender
Munni amidst the odds of socio-
politico fabric of the rural India which
is applicable to the whole country in
general. However, with few exceptions,
the reality is still far from that rosy
picture of inclusive democracy. Since,
even after getting the right to contest
elections and a successful struggle for
right to vote, transgenders are yet to
be included into the mainstream as a
part of the society and they are still to
be taken as existing in a normal way
of life.
Transgender Community: Then and
Now
Transgenders or transsexuals
or hijras (as they are commonly
referred in India) include the biological
other sex (they are neither male
nor female) as well as the people
who wishfully convert their sex. The
transgender community has remained
a part of Indian society from historic
time. Though marginal otherwise,
the community has always been
remembered at the time of marriages,
child birth or anything important,
even at the time of entering into a new
Inclusion of the Transgenders in
Democracy
GENDER ISSUE
Rachna Sharma
OFF-BEAT
W
The author is Assistant Professor, Department of J ournalism, Kalindi College, University of Delhi.
could be easily understood from
the fact that one can not find any
column for the sex other than male
and female in the forms meant for
recruitment in government as well as
non-government sectors. Due to no
employment opportunity, most often,
transgenders get sucked into illegal
activities and most of them are turned
into sex-workers. This further makes
them objects of absolute disgust for
the society.
At the moment, transgenders have
no access towards normal schools and
educational institutions, hospitals and
medical facilities along with other
chances to live a decent life. According
to a report by the United Nations
Development Programme, Indian,
hijras have a high prevalence of HIV;
most hijras have low socioeconomic
status and literacy levels; they pose
barriers to seeking health care due to
social exclusion.
The inclusion of transgenders as
others in the third category mentioning
sex in population census of 2011 could
be a frst step in the direction towards
an inclusive society. However, it
seems as if the efforts to provide the
transgenders with their true identity
with dignity would again fail since after
collecting the data, they are included in
the Male category in the provisional
report of the census. This poses a
contradiction and confusion towards the
status of all other transgenders except
women transgenders. Essentially,
the transgenders count themselves
house or opening up a shop. Taking
blessings at such auspicious occasions
from them has remained a traditional
practice and it gets strong support
from mythology and religious texts
such as Ramayana. Thus, culturally,
transgenders have remained a part
of Indian society and they were well
received from the men and women
of the society. However, after the
diffusion of western modernization
in Indian social practices, when the
traditional nitty-gritty weakened, the
customs to include the transgenders
into the societal life got a setback.
They were deprived from leading a
normal life further when there was no
explicit mention given in the Indian
Constitution post-independence. As a
consequence, over a period of time, the
condition of transgenders have become
worse since they were at the verge of
total neglect socially and culturally
and moreover, they were not receiving
any legal/political protection in the
democratic frame as well.
Challenges to Lead a Normal Life
The transgender communi ty
is extremely discriminated on the
basis of their sex and gender. The
transgenders are consi dered as
unnatural and are treated as an object of
ridicule. The suspicion and reluctance
of the mainstream society towards
transgenders generally ends up in
social marginalization of transgenders.
This in turn, leads them to the vicious
circle of utter poverty, illiteracy and
unemployment. Their non-existence
72 YOJ ANA August 2013
as women while state is wrongly
counting them as men. Moreover,
the pressure from the family and
peer also aggravates the conficting
situation to the transgenders identity.
For instance, in Hyderabad, out of
the estimated transgender population
of 800, only near 100 persons would
make the entry on the census data.
As the Times of India puts it, For, the
new `others column (in the gender
section) introduced in the Census this
year for the beneft of transgenders, is
being ignored owing to family and peer
pressure apart from `identity issues,
claim transgenders in the city. Though
elated at the governments recognition
of this section of society, some local
transgenders already counted in the
2011 Census confessed that they were
forced to tick the `female box because
of parents and friends.
To change the prevailing socio-
economic conditions of transgenders, it
is pertinent to bring them to the political
arena so that they could be included in
the society through democratic means.
A mechanism to ease transgenders
access towards their rights is much
needed to transform the idea into
reality. As J ustice P. Sathasivam puts
it, to put an end to all the inhuman
behavior towards the transgender
community it is very important that
reforms are made in the existing
laws, the law offcers are sensitized
to adapt to a complete humanitarian
approach while dealing with a person
of transgender community and also the
society should get rid of the century
old bias and realize that transgender
behavior is as normal and natural as
their own feeling towards their sexual
orientation.
Constitutional and Legal Rights
The Constitution guarantees
the fundamental rights to all that
implicitly includes transgenders. Yet
due to lack of explicit provisions for
the community, cases of violation
of the rights of transgenders are
pervasive. The mist was cleared only
when in 2009, judiciary provided the
interpretation of the constitutional rights
for the transgenders and pronounced
that the oppression meted out to
the transgender community and the
homosexuals in the country is violative
of Right to Equality under Article 14,
Right against Discrimination under
Article 15, and Right to Privacy and
Personal Dignity under Article 21of
the Indian Constitution. All the laws
of the land should be applied to them
like any other person.
5
The Supreme
Court further held that the transgenders
should be provided every opportunity
for a job, access to a public place, right
to property, right to access to justice,
etc without any discrimination.
The inclusion of transgenders in the
mainstream has remained a question of
their democratic existence through the
right to contest elections and right to
vote along with the other fundamental
rights. Although transgenders have
been contesting the elections in the
past, but such cases are rare that too
with a limited degree of success.
Moreover, transgenders, were not
accepted as normal, they were deprived
of right to vote until 1994 and even
today few of them really enjoy their
right to vote since most of them are
never featured in the voters list. The
point of fact is that like other minority
communities (religious and caste
based) of the country, transgender
community has never been thought as a
minority community crucial for political
existence by any political party. Their
issues and problems never become an
agenda for elections. A change can
be visualized, if their number in the
population is taken out and their true
identity is accepted respectfully in all
walks of life as a normal course. This
was hoped to be a possibility, when
Supreme Court asked the Centre and
states whether transgenders could be
categorized as the third sex after male
and females, during the hearing on the
social justice petition fled by National
Legal Services Authority (NALSA).
Inclusion of Transganeders in
Democratic Society: A Ray of Hope
Wi th the endeavours for an
inclusive democracy en route, some
states have started the initiatives to
bring transgenders to the mainstream.
The efforts made by the states of Tamil
Nadu and Bihar are worth mentioning.
Tamil Nadu is the frst State to set up
a Welfare Board for the transgender
community, locally known as aravanis.
The Board includes transgenders as its
members and thus provides them with
a platform not only to put forth their
grievances and concerns but also to
take some constructive measures in the
direction. For example, the Board has
already come up with provisions such
as reserving seats for other-sex students
in government colleges and providing
ration cards with the correct sexual/
gender category as identity documents
to the transgenders. In addition to these
initiatives, the state government was
also aiding those transgenders who
wish to undergo surgical treatment for
changing their sex.
To rehabilitate the transgender
community which is estimated to
be almost one per cent of the states
population, the Government of Bihar
came up with the idea to recruit them
as security guards in girls hostels,
colleges and hospitals. Earlier in 2006,
the state government had successfully
placed them as tax collectors in Patna
Municipal Corporation. The programme
was a successful venture not only for
transgenders in getting into the jobs
but also in terms of tax collection.
6
In its drive to offer decent social
life to the transgenders, the Social
Welfare Department of Bihar is said
to expand the programme further with
proper training of transgenders as paid
activists to spread awareness on the
issues related to women empowerment
and childrens health.
Apart from the states initiatives,
there are Non-Governmental
Organizations and human right
institutions which are raising the cause.
Media (as a fourth pillar of democracy)
is also doing its bit in sensitizing the
society towards the marginalized
section of transgenders. Along with the
number of documentaries, Hindi flms
like Tamanna and Darmiyaan put forth
the issues related to the lives of the
other sex with all sensitivity. Critically
well acclaimed though, these flms left
a limited effect due to the attached tag
of class-audience. However, the flms
like Welcome to Sajjanpur counts on
that point also and came up to sensitize
all individuals of the society through
popular cinema. Nevertheless, for an
inclusive democracy, transgenders are
needed to be welcomed in all spheres
of society. q
(Email: [email protected])