My Lord, Heavens Have Fallen! Judges No Longer Occupy the Seats of Gods

Cricket and Politics: Not a game of gentlemen >> p.5

July 1-15, 2015 | Vol. 06 Issue 11 | ` 30 RNI No. UPENG/2010/33798 | PRN: UP/GBD-150/2015-17 www.governancenow.com

My Lord, heavens have fallen! Judges no longer occupy the seats of gods. Some blame it on their self-selection system. The political executive claims to restore their sanctity with a new law. Ironically, that law is now under judges’ scrutiny, leading to an unusual showdown p.10

Gov NEXT exclusive Suresh Prabhu Media wakes up to would make a farmer’s travails DeitY secretary good Czar, writes only when he RS Sharma shares Ashok V Desai commits suicide Digital India vision p.8 p.44 p.54

Founders Team Gautam Adhikari Markand Adhikari Anurag Batra C arun kumar Editor ontents Ajay Singh [email protected]

Executive Editor Ashish Mehta

Deputy Editors Shubhendu Parth, Anju Yadav, Prahlad Rao

Contributing Editor Dr R Swaminathan

Assistant Editor Ridhima Kumar

Special Correspondents Jasleen Kaur, Pratap Vikram Singh, Pankaj Kumar

Principal Correspondents Geetanjali Minhas (Mumbai), Pragya Gupta

Senior Correspondents Puja Bhattacharjee, Ankita Lahiri, Shivani Gaurav Chaturvedi (Chennai), Shreerupa Mitra-Jha (Geneva)

Correspondents Shishir Tripathi, Yogesh Rajput

Sub-Editor Swati Chandra 10 Revamping justice Design Bishwajeet Kumar Singh, It seemed like a mock wrestling between the political executive and the judiciary. Noor Mohammad, Yoginder Singh The arena is the supreme court which is examining the constitutionality of Photographer Arun Kumar the NJAC. The showdown is real

General Manager (Sales) Debabrata Ray 09899650692 [email protected] 8 suresh Prabhu 30 Vijay Vardhan Singh 09999685086 Prem Kumar 09711888860 would make a good Jay Singh 098119 22402 Czar: Economist Prashant Kumar 09386347428 (Bihar) Disinvestment: An uphill task? Mario Gabriel 09818915041 (Mumbai) Ashok V Desai writes on how 36 Circulation & Distribution Head the union minister Debabrata Mishra will be well on the Devendra Kumar (Senior Manager) 09999140365 way to repairing The case of whistleblowers Deepak Jindal (Assistant Manager) the railways 08375840414 and the law to protect them Ravi Prakash, Subhash Chandra Jha 09990914485 16 the art, craft and business of chocolate-making 48 IT Letter from Europe: A Swiss chocolatier shares the Santosh Gupta (Manager) saga of an adventure undertaken generations ago Alok Mishra (Website Developer)

Manager HR 24 “Sexuality is more complex than political lives” Rekha Author Shereen El Feki tells how sex is used to repress women and contradictions of the Arab world

Printed & Published by Markand Adhikari on behalf of the Owner, Sri Adhikari Broth- 28 In search of ers Assets Holding Pvt. Ltd. Printed at MP people’s police Printers, B-220, Industrial Area, Phase II, Buckled under the Noida 201301 (UP) and published at 24A Sporting tales from Mindmill Corporate Tower, Sector 16A, Film will of political Meerut sports market City, Noida 201301 (UP). Ph. 0120 4577999, executive and now Editor: Ajay Singh (responsible for selection private players, of news under the PRB Act.) 58 police find it difficult to reach out its Volume 06 Issue 11 RNI No. UPENG/2010/33798 helping hands to Preparing India for the public Internet of Things www.governancenow.com [email protected]

Cover Illustration: Ashish Asthana www.GovernanceNow.com 3 Offbeat

Mahabharat in FTII International The students and faculty of the Film and Television Institute of India (FTII), Yoga day: Two Pune are upset over the appointment new Guinness of actor Gajendra Chauhan as their new chairman. Chauhan is most- records ly known for playing the role of Yud- India has set two new hishthir in TV serial ‘Mahabharat’ in Guinness World Re- the 1980s and had a nondescript film cords – for most individuals, and individuals from the largest number of na- career including some C-grade mov- tionalities – in performing yoga at a single venue on June 21 (International ies listed in his curriculum vitae. The Yoga Day). As many as 35,985 participants belonging to 84 nationalities per- primary grouse of the students is formed asanas at the official observation of the day organised at Rajpath in that the premier institute, which has New Delhi. Several top bureaucrats, secretaries to the ministries and top po- had the likes of Rajkumar Hirani and litical leaders led by prime minister Narendra Modi participated in the event. Adoor Gopalkrishnan as alumni, the The ministry of AYUSH was awarded the two world records by GWR officials new appointment is a political move at a ceremony held later in the evening. Out of 193 countries of the UN, yoga and that it may curb the voices crit- was observed in 192 countries except for war-torn Yemen. UN secretary gener- ical of the government. Chauhan is a al Ban Ki-moon along with external affairs minister Sushma Swaraj performed member of Bharatiya Janata Party yoga with the UN officials and celebrities at the Times Square in New York. (BJP) and has served as a joint con- Meanwhile, the Congress party crticised the event as a “shameless attempt” by vener of cultural wing in the par- the BJP government to usurp yoga and it shared a photo of Pandit Jawaharlal ty. The position of the chairman was Nehru performing yogasana and greeted people on the occasion on its official earlier held by stalwarts like Adoor Twitter handle. Gopalakrishnan, Girish Karnad and Saeed Mirza.

Crocodile on road draws Taj Mahal complex gets free Wi-Fi ashish asthana Posting a selfie with Taj Mahal will now be easier attention to potholes for tourists. The 17th century monument has been Facebook/Baadal Nanjundaswamy There is al- provided with free Wi-Fi facility recently. Union ways a unique minister for communications and IT Ravi Shankar way to grab Prasad launched the 30 minutes free Wi-Fi service attention to for the complex. The facility is set up by state-run get the work operator BSNL with the optical fibre backbone which done. Keeping can provide high speed internet of up to 100 Mbps. this in mind, Anyone who wants to remain logged in for more than a Bengaluru half an hour can do so by paying `30. In February, Wi- based artist Fi facility was launched by BSNL at Dashashwamedh Ghat and Shitala Ghats of has proved how art can be a tool to get Varanasi. Future plans include providing the facility at Fatehpur Sikri, Khajuraho, the intervention of civic authorities who Jagannath Puri and other tourist places by March 2016. failed to repair a pothole in the middle of a busy road in his town. Expressing frustration over the negligence of civic body, the 36-year-old visual artist Baadal In about 140 characters Nanjundaswamy turned the 12-feet-long Roshan @roshan13496 Baijayant Jay Panda @PandaJay pothole in the middle of the Sulthanpal- Normal People : Rainy On @TimesNow, @swapan55: ya road in north Bengaluru into an arti- Season :) “will you please speak up a ficial pond adorning a giant crocodile in Mumbaikar : Local-Train- little louder, Arnab, i can’t it. The artificial crocodile pond grabbed Bandh-Season :( hear you.” Deeelicious  the attention of not just passers by but it also went viral on social media. The re- Shashi Tharoor @ShashiTharoor RushdieExplainsIndia ‏@ sult was surprising as the repair work Fourth power cut in last RushdieExplains which wasn’t done in a month, was done 24 hours at LodhiEstate. Monsoon refusing to rain in just a day after the artist posted the Yesterday 7 hrs in total, down on Delhi because it’s pictures of the ‘crocodile pond’ on social wonder how long today. And not sure under whose juris- media. The Bengaluru municipal corpo- some think Lutyens’ Delhi is diction it will fall ration covered up the pothole in a day. exempt!

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4 GovernanceNow | July 1-15, 2015 OPENING COMMENT Not a game of gentlemen A saga of cricket disguising crimes of the elite

Ajay Singh account and found explosive material about his links with Sushma Swaraj and her husband Swaraj Kaushal. The BCCI is dominated by powerful politicians like n one of his critical essays on the crime stories of the Arun Jaitley and Sharad Pawar. The expose about Swaraj early 19th century, George Orwell was fascinated by a precipitated a full-scale war, in which Lalit Modi came out character. AJ Raffles, a gentleman thief, featured in a with further damning revelations about his one-time men- collection of short stories titled ‘The Amateur Cracks- tor, Rajasthan chief minister Vasundhara Raje. man’, by EW Hornung. In characteristic Orwellian Lalit Modi owed his career in cricket to Raje, though he Ihumour, he wrote that Raffles’ association with cricket fell out of favour subsequently. Raje gave a written testi- and the prestigious MCC was a perfectly plausible disguise mony to the UK authorities in favour of Modi to facilitate to conceal his crimes. his stay in the UK. Raje’s son, Dushyant, is the beneficiary In describing Raffles, Orwell wrote, “...certain things of Lalit Modi’s munificence. Lalit Modi purchased his com- are ‘not done’ and the idea of doing them hardly arises. pany’s shares at exorbitant rates in a quid pro quo. Raffles will not, for example, abuse hospitality. He will The BJP seems deeply mired in the murky business of commit a burglary in a house where he is staying as guest cricket. Like in Victorian Great Britain, where the aristoc- but the victim must be a fellow guest and not the host. He racy controlled the games and propped up lackeys like Raf- will not commit murder and he avoids violence wherever fles, politicians in democratic India effectively monopolise possible and prefers to carry out his robberies unarmed. the game. Pawar, Jaitley, Anurag Thakur and Rajeev Shukla He regards friendship as sacred and chivalrous though not appear more interested in the high-stakes shenanigans of moral in his relations with wom- the BCCI than any other issues. Ev- en”. Raffles’ character appeared erybody has propped up his own in late Victorian Great Britain and The anti-Lalit Modi lobby Raffles to partake in their ill-gotten evoked a tremendous response. wealth. Lalit Modi would give the fic- is believed to have taken a Sushma Swaraj’s indiscretion tional Raffles a run for his money. counter-measure, hacked is indefensible by any standard. All that an enterprising novelist In the past, ministers for external needs to do is uncover the plots of his email account and found affairs K Natwar Singh and Mad- his escapades and the crimes sur- explosive material about his havsinh Solanki lost their jobs rounding the world’s most pow- and even their political careers erful cricket body, the board of links with Sushma Swaraj and on charges far less serious. It is control for cricket in India (BCCI), her husband Swaraj Kaushal. entirely plausible that the prime which occupies the place that once minister chose to stand by Sush- belonged to the MCC. The compar- ma Swaraj to avert a major crisis; ison ends right there, however. the Lalit Modi connection threat- Raffles tried to redeem his prestige ens to engulf Raje, too. Swaraj’s by enlisting for the Boer war and was killed in battle. Modi action smacks of impropriety, not criminality. Given her found a safe haven in Great Britain and has been hopping relatively non-controversial political career, her indiscre- on chartered flights all over Europe. He lives life kingsize, tion deserved a serious reprimand, at best. There must be and faces no threat of being brought to justice, couched an acknowledgement, at least, of the error she committed. in the safety his benefactors provide not only in India but That appears highly unlikely. also in the UK. The Swarajs and the Rajes belong to the exclusive club The sordid saga of Lalit Modi and the BCCI reads like of the ruling political aristocracy. Like the fictional Raffles, a crime thriller. The Indian government has enough evi- Lalit Modi, with all his cockiness, belongs to the “cohorts dence to show how the BCCI’s rival factions hacked each of the damned” for not living up to the standard of this other’s email accounts. Tired of this virtual cloak-and- clique. Orwell said cricket is a “game full of forlorn hopes dagger, the board decided about a year ago to hire a pro- and sudden dramatic changes of fortunes, and its rules fessional service to protect its sites and its flow of infor- are so defined that their interpretation is partly an ethical mation. It turns out this was done on the suspicion that business”. How prophetic was the author of ‘The Animal information shared among office bearers of the board was Farm’ in projecting our cricket-politics dystopia! n finding its way to Lalit Modi. The anti-Modi lobby is believed to have taken a counter-measure, hacked his email [email protected] PSU Watch DoPT proposal to let PMO pick PSU chiefs

nion ministers shortlisted candidates Umay soon be ex- for each post, inter- Govt mulls common cluded from the pro- viewed them and rec- cess of appointing ommended one name to coal trading platform chiefs of public sec- the relevant ministry to tor undertakings. Ac- be forwarded to the ACC cording to a proposal for approval. If the min- by the department of ister disapproved of the personnel and train- PESB’s selection, a sec- ing (DoPT), which is ond candidate’s name headed by PM Naren- was sent for approval. dra Modi, a cabinet Under the proposed secretary-led panel changes, the PESB would will recommend one interview the shortlisted name from a shortlist of three to the candidates but submit a panel of three, he government is working appointments committee of the cabinet without ranking them, to the proposed T on a common platform for (ACC) for approval, says a report in The committee which would pick one name coal trading for Coal India Lim- Indian Express. for each vacancy and forward it to the ited (CIL) and private companies. The proposal that gives the PMO more ACC for approval. The electronic platform is likely power in the process, if approved, will This panel would comprise secretar- to be an extension of the spot also reduce the public enterprises se- ies from DoPT, finance, department of sale practice of CIL called ‘e-auc- lection board (PESB) to an empanel- public enterprise, and an additional tion’ where all the coal mined in ment authority. Until now, the PESB secretary from the PMO. the country, excluding from cap- tive blocks, will be traded. The proposed platform could Use digital communication to push brand image: SCOPE trade CIL’s auctioned supplies, Standing Conference of Public Enterprises (SCOPE), the apex body of central the PSU’s uncontracted output government owned PSUs, suggested the companies to use digital communication of private companies from coal to promote their brand image. At a seminar on corporate communication in mines that will be auctioned for digital age, UD Choubey, director general, SCOPE, said brand promotion through commercial use. communication provides huge benefits and better advantage over competitors. It will ensure transparency while letting the government monitor every transaction. The government is working towards OVL gets ONGC backing for NK Yadav takes charge as auctioning coal blocks for commercial use after enactment of spending allowance hike CMD of MTNL coal mines special provisions Act tate-run Oil and Natural Gas Corpo- that provides for opening the sec- arendra Kumar Yadav has taken ration (ONGC) has said that it sup- tor to Indian and foreign private S over the charge of chairman and ports its overseas investment arm’s N firms, ending CIL’s monopoly. managing director at the state-run move to seek increase in spending telecom operator MTNL. The compa- allowance and sees more acquisi- ny, in a filing to BSE, said that PK Pur- tion opportunities abroad. The ONGC war has “relinquished the charge of BSNL eyes Wi-Fi, data to Videsh Ltd (OVL) is currently 100 CMD of MTNL”. percent owned by the exploration MTNL director finance Purwar was wipe out losses giant. BSNL is scaling up expenditure given additional charge of the post af- The OVL had earlier sought greater ter company’s CMD AK Garg retired in in Wi-Fi, landline and mobile, financial autonomy to decide on to generate over `7,000 crore to May, 2014. Also, Purwar had been se- investments of up to $ 1 billion with- lected for the post of MTNL CMD by dial profit by 2018-19. Its current out government’s nod to speed up loss of around `7,000 crore was PESB in November 2013. MTNL has acquisition of overseas oil and gas fields. posted net loss of `595.11 crore in the largely due to depreciation and It has 35 projects in 16 countries and it needed to generate an equal fourth quarter ended March 31, 2015, is looking at certain acquisitions in oil amount of profit to erase it. due to sharp rise in expenditure and and gas rich regions. `2,893.39 crore net loss for 2014-15.

6 GovernanceNow | July 1-15, 2015

people politics policy performance

Capital Capers Railway repair crew Suresh Prabhu would make a good Czar

Ashok V Desai

Railway minister Suresh Prabhu arriving at parliament to present railway budget 2015-16.

8 GovernanceNow | July 1-15, 2015 nce the Congress lost its What difference would it make? Just will be up in arms. So a regulator will majority in parliament long now, capital expenditure – on tracks, make no difference; the railways will ago, it had to reconcile it- stations, etc. – is shown in the bud- continue to be run uneconomically. self to forming coalitions get, but their depreciation is provided What would make a difference is if and sharing ministries. for only approximately; and potential parliament enacted that railways’ loss- OThe Congress liked to keep important costs and contingent liabilities are not es must be reimbursed by the finance ministries like home and finance; its provided for. The committee wants ac- minister. If he suddenly finds crores allies, enjoying a few uncertain years counts to be streamlined to take care of being frittered away by the railways in power, preferred lucrative minis- these things. without his permission, he will ask tries. Their favourite cash cow was the The accounts would show currently parliament to raise taxes so that he can railways. Corrupt ministers promoted unaccounted costs, and reduce the rail- finance the losses, or to empower him corrupt bureaucrats. That is how the ways’ profits. But the railways have to fix railway fares and freights, or ask railways, once run with exemplary efficiency by British companies, became one of the government’s sleaziest arms The Debroy committee’s answer to rampant after nationalisation. underpricing is an independent regulator, who But Narendra Modi is intent on cleaning up the railways. His first rail- would presumably force rational pricing on the way minister was Sadananda Gowda. railways. But if the regulator tries to raise fares Gowda acted swiftly; he appointed a committee of estimable people under or cancel loss-making trains, the MPs will be up in Bibek Debroy. But in September 2014, Gowda’s son Karthik made the wrong arms. So a regulator will make no difference; the news: just as he prepared to marry, an railways will continue to be run uneconomically. actress accused him of having married her before, and dragged him to court. So in November, Modi brought back neither the freedom to raise their pric- for the railways to be corporatised – Suresh Prabhu from the wilderness as es nor an obligation not to make losses. which would not be a solution because railway minister. Prabhu found senior What the railways need is a change in the railways would then become just railwaymen upset with Debroy, who price policy; unless they can raise fares another sick enterprise. had force-fed them with economic log- to cover costs and generate money for But maybe, the Debroy committee ic. They had their own recipe. Prabhu investment, change in accounting prac- means that the railways should cover was sympathetic; he based his budget tice would make no difference. full costs and make a profit. That is a speech and a white paper he issued on The railways charge generous prof- good idea, but a regulator cannot im- their data and views, and promised a it on freight, and use the extra money plement it. It can be done only by a vision document later. to subsidise passenger fares. There is minister; he must have a mandate from Faced by this high-level sabotage, a powerful vested interest behind the the prime minister, and be given time Debroy worked fast; he submitted an low fares in the form of the masses enough to implement it. Suresh Prab- interim report in March, and a final re- who jump on a train whenever they hu is that minister; he is thinking long- port in June. Though not yet published, want to go home or anywhere else. term. He should ask the prime minister it is probably not very different from Overcrowded trains also make it im- for supreme power for five years. He the interim report, whose principal possible to collect fares from ticketless should get the comptroller and auditor recommendation is a changeover to travellers; that adds to the losses. The general to recast railway accounts into commercial accounting. There was a railways try to reduce losses by charg- a simpler contemporary format. Next, time when the British monarch levied ing absurdly high first-class fares. So he should get half a dozen of the best whatever taxes he fancied. But then, those who have money fly; those that people into the railway board, and ask his subjects insisted that his imposi- travel first class in trains are politicians them to produce two plans – one for tions must have their approval. That is and senior government servants, who restructuring railway manpower, and how the practice of presenting an an- travel free. one for aligning fares and freight to nual budget to parliament arose. That The Debroy committee’s answer to costs. If he gets that far, he will be well was before the invention of double-en- rampant underpricing is an indepen- on the way to repairing the railways. n try bookkeeping. The railways’ budget- dent regulator, who would presumably ary practices are still stuck in that era; force rational pricing on the railways. Desai is a veteran economist who served the Debroy committee wants to bring But if the regulator tries to raise fares as chief economic advisor to the finance them into the 21st century. or cancel loss-making trains, the MPs ministry during 1991-93.

www.GovernanceNow.com 9 people politics policy performance

Revamping Justice My Lord, heavens have fallen! It seemed like a mock wrestling between the political executive and the judiciary. The arena is the supreme court which is examining the constitutionality of the NJAC. The showdown is real

Shishir Tripathi senior advocate Dushyant Dave criti- The Sapru Committee report rec- cised the collegium system for bad ap- ommended that the justices of the su- pointments. He told ‘My Lords’ to step preme court and high courts should be out of the courtroom and take a walk appointed by the head of state in con- in the corridors to get a sense of what sultation with the chief justice of the eats they occupy are people felt about them and the frus- supreme court, and in the case of high the seats of gods” tration that had crept among the law- court judges, in consultation additional- and “it has a great yers against bad appointments and the ly with the high court chief justice and sanctity about it”, apparent decline in justice delivery the head of the unit concerned. remarked Mahavir system. According to Austin, the constituent Tyagi, constituent as- assembly’s ad hoc committee felt that sembly member, on An old tussle the appointment of SC judges should June 7, 1949, while The ongoing argument in the apex court not be left to the “unfettered discre- referring to the judg- on who will appoint the judges is not tion” of the president and offered two es and the higher judiciary. new. The subject has been rigorously alternatives. The first suggested that the SHis observations on some occasions debated in the constituent assembly president should nominate puisne judg- were dismissed by BR Ambedkar as too. es (that is, judges of a superior court in- mere “feelings” which were perhaps of American historian Granville Austin ferior in rank to chief justices) with the lesser significance for the assembly that in his seminal tome, ‘The Indian Con- concurrence of the chief justice, and was debating the constitutional edifice stitution: Cornerstone of the Nation’, this nomination would then be subject of the country. Tyagi was instead asked reflects upon how the independence to confirmation by a panel composed of to express only his “opinions” on the of the judiciary was one area that con- high court chief justices, some members matter. sumed the biggest chunk of the total of both houses of the central legislature, Tyagi might have lacked the elo- time spent on debating different provi- and the law officers of the union. In the quence that could have garbed his “feel- sions of the judiciary. He writes, “The second alternative, the panel should ings” as an “opinion”, yet what he said members of the constituent assembly submit three names to the president was of great importance. His statement envisaged the Judiciary as a bastion who would choose one of them with the reflected the expectations that the peo- of rights and justice. The question was concurrence of the chief justice. ple of the country had from the judicia- how to render the fortress impregnable With the enactment of the consti- ry and the judges. to sapping by private interests. The as- tution in 1950 containing two specific However, 66 years after Tyagi eulo- sembly had been careful to keep the articles – 124 and 217 – that dealt with gised the judges, the ‘gods’ seem to have judiciary out of politics. How was poli- the appointment of supreme court and fallen from grace, compelling the execu- tics to be kept out of the courts? The as- high court judges, the matter seemed tive to put the house in order. sembly’s answer was to strengthen the to be settled. The two articles clearly On June 17, while arguing for the walls of the fortress with constitutional state that the appointment has to be supreme court bar association (SCBA), provisions.” made by the president in consultation

10 GovernanceNow | July 1-15, 2015 with judges of SC and high courts in the state as the president may deem necessary. However, through three cases (between 1981 and 1998), a new system of the appointment of judges, called ‘collegium’, came into place, which is now being replaced by a new body.

The collegium In 1981, the supreme court declared that the “primacy” of the CJI’s recommendation to the president can be refused for “cogent reasons”. The judgment also stated that the word ‘consultation’ was not to be taken to ‘concurrence’. This tilted the balance of power in favour of the executive, which got primacy over the judiciary in judicial appointments for the next 12 years. However, in 1993 in the ‘second judges case’ the apex court while re- versing its 1981 judgment changed the meaning of the word ‘consultation’ to imply ‘concurrence’. It ruled that the advice tendered by the CJI is binding on the president. However, the same judgment also made it mandatory for the CJI to consult two of his senior-most judges while making the recommendations, paving the way for the collegium system. Later in 1998, the apex court ruled that the consultation process to be ad- opted by the CJI required consultation of “plurality of judges” and the sole opinion of the CJI did not constitute consultation process and he should consult collegium of four senior-most judges of the supreme court. If any two judges dissent, the CJI should not refer the name for appointment. Through the last two cases, the supreme court in some way democra- tised the appointment procedure by allowing a voice of dissent, but at the same time monopolised the power of appointment in its own hand.

Misgivings of collegium system On that chilly January morning last year, the number of lawyers and presspersons increased in a Chan- digarh court with each passing min- ute, making the place stuffier. A

ashish asthana

www.GovernanceNow.com 11 people politics policy performance

Revamping Justice

restrained inquisitiveness was clear That is a legitimate and necessary pro- be efficacious and ought to be resorted on the faces of all those present in tection against any executive misuse of to as and when necessary. It would be the room. The obvious question was the power of law enforcement.” hazardous to speculate as to what the whether it will happen that day. Af- Over the years, the collegium has new national judicial appointments ter three and a half years when the been in the news for all the wrong rea- commission (NJAC) system would do then chief justice of India HS Kapadia sons, be it for recommending the then in this regard, in the event of the 99th granted sanction to prosecute justice Karnataka high court chief justice PD Amendment being upheld,” says Gupta Nirmal Yadav, then a sitting judge of Dinakaran to the supreme court or ig- who is also a well known activist for ju- a high court, in an alleged corruption noring the then Delhi high court chief dicial accountability. case, the charges were expected to be justice AP Shah for elevation to the framed. Finally, the special CBI court in apex court. Adding to this list is the al- NJAC: The alternative? Chandigarh framed charges against Ya- legation made by Gujarat high court April 13, 2015 was a watershed in the constitutional history of India. The “The biggest mistake appears to be that one government notified the National Ju- section perceives it as turf war between the dicial Appointments Commission Act, 2014 and the Constitution (Ninety- executive and judiciary. But people forget ninth Amendment) Act, 2014 for bring- that the NJAC was born out of a unanimous ing a change in the existing system for appointing judges in supreme court will of the legislature, of parliament and state and high courts. legislatures.” The new bill was passed in August Mohan Parasaran, last, and got the president’s assent on senior advocate at the SC and former solicitor general of India December 31. Under the new law, the NJAC, headed by the CJI, and two senior-most supreme court judges along dav and four others under section 11 of chief justice Bhaskar Bhattacharya with the union minister of law and jus- the Prevention of Corruption Act. against former CJI Altamas Kabir of tice and two “eminent persons” nomi- On March 3, 2011, just a day before impeding the former’s elevation. Bhat- nated by a committee comprising the her retirement, CBI charge-sheeted Ya- tacharya had opposed the appointment prime minister, CJI and leader of op- dav, making her the first sitting high of Kabir’s lawyer sister to the bench. position in the Lok Sabha or leader of court judge to face this ignominy in a Mohan Parasaran, a senior advocate the largest opposition party in the low- corruption case. Yadav was accused at the supreme court and former solici- er house will select judges of the apex of demanding `15 lakh for deciding a tor general of India, says, “Right from court and state high courts. judgment in favour of a client of law- 1993 there have been lots of complaints While notifying the bill, the minis- yer Sanjiv Bansal, a co-accused in the against the working of collegium. No try of law and justice stated, “The Act case. system can be satisfactory if the ap- provides for a transparent and broad- It took more than three years to pointments are made with any ulterior based process of selection of judges of frame the charges against Yadav as she motives. In the collegium system there the supreme court and high courts by filed multiple petitions to stall the trial have been some appointments that the NJAC.” in the special CBI court. were made possibly to satisfy some While the government thought that The case is a classic example of the of the members of the collegium, who by creating a new body it will be able flawed working of the collegium sys- were wielding a lot of authority. And to give a silent burial to the collegium tem, its failure to check the entry of the those examples were openly pointed system, the judiciary seemed to be in corrupt in the higher judiciary. by the government before the supreme no mood to cede the ground to the ex- Anupam Gupta, a senior advocate court.” ecutive. The legal house is also divided at the Punjab and Haryana high court While the collegium has been criti- on the issue with a host of PILs, chal- and CBI special public prosecutor in cised for wrong appointments, the fact lenging the validity of NJAC, being filed Nirmal Yadav case, says, “The vicissi- remains that the stakeholders are not in the apex court and now being heard tudes of the justice Nirmal Yadav case ready to trust the executive fully ei- by a constitution bench led by justice demonstrate just how difficult and tax- ther, in this regard. JS Khehar. ing it is to combat corruption in the “Judicial integrity and independence One such petition was filed by the higher judiciary. In principle, however, are inseparable Siamese twins and one Centre for Public Interest Litigation I would agree with the law laid down cannot be traded off for the other. The (CPIL) which includes legal luminaries in 1991 in Veeraswami’s case that prior procedure for in-house inquiry and ac- like Fali S Nariman, Shanti Bhushan, approval of the CJI must be obtained tion followed by the supreme court, on Anil Divan, Rajinder Sachar and Colin before investigating or prosecuting the administrative side, in some impor- Gonsalves among others. a high court or supreme court judge. tant matters in the past has proved to The petition states several grounds

12 GovernanceNow | July 1-15, 2015 for challenging the NJAC. While other also genuinely independent, the NJAC and sought to know whether there was grounds like independence of the ju- cannot succeed where the collegium any scope for judicial review. This is diciary and political interference have system has failed. Whether by the one one of the valid concerns as there is an been part of other PILs also, the one or the other, judges will continue to be apprehension among those opposing filed by CPIL highlights that NJAC be- chosen and appointed with complete the NJAC that the government might ing an ex-officio body is not competent subjectivity, almost like governors. The appoint pro-government people to the enough to select 100 judges of the high- only change that will come about, in commission. er judiciary every year. case the NJAC amendment is upheld, is However, attorney general Mukul that the judiciary will become weaker, Rohatgi said that eminent people who A turf war losing the power that it wrested from may or may not be jurists can contrib- While some might have thought that the executive in 1993. It is a battle for ute to judges’ selection process, and the case will help in deliberating on the power, the debate over good or bad named great film maker Satyajit Ray, prospects of a new robust system of ap- judges being only an argument.” Bill Gates and MS Swaminathan as pointing judges, the manner in which There are a few who outright reject examples. arguments in the apex court have pro- the NJAC as an attack on the indepen- This is akin to the emotions ex- gressed in the last few weeks has given dence of the judiciary. Colin Gonsalves, pressed by Tyagi when he argued for it the colour of a turf war being fought a senior advocate at the supreme court non-lawyers to be made judges. “Why by the judiciary and the executive. and founder director of the Human should we always have lawyers as However, Parasaran feels, “The big- Rights Law Network (HRLN), says, judges? I think there is a good possi- gest mistake appears to be that one sec- “The government is trying to appoint bility of persons, who are otherwise tion perceives it as a turf war between all pro-BJP and pro-RSS judges. They fully qualified to administer justice, oc- the executive and the judiciary. But are trying to undermine the indepen- cupying the posts of judges and attain people forget that the NJAC was born dence of the judiciary and it is the grav- the highest ambition of their life,” said out of a unanimous will of the legisla- est challenge to the democracy.” Tyagi. ture, of parliament and state legisla- On the other hand, Parasaran says, Whatever the argument may be, the tures and this should not be viewed as “Naturally the judiciary does not want apex court would not easily allow ap- a turf war because under the constitu- to divest this power. There is a genu- pointment of outsiders to the NJAC. tion, the power [of appointment of the ine apprehension in judiciary, consid- Commenting on this Anupam Gupta judges] was to be exercised by the ex- ering the current political scenario in says, “The two ‘eminent persons’ have ecutive and the judiciary both, which the country that if this power is actu- been brought only to counter-balance was the underlying principle in the original constitution. However, some- “The vicissitudes of the justice Nirmal Yadav how this power was made to rest ex- case demonstrate just how difficult and clusively with the judiciary by devising the collegium system.” taxing it is to combat corruption in the higher There are many who feel that while judiciary.” the collegium system has failed, the new system also cannot be trusted. Anupam Gupta, senior advocate at the Punjab and Haryana HC “If judges cannot be trusted, can politicians be? The sense of impunity [or freedom from scrutiny and accountability] with which the collegium sys- ally divested from them there will be the three judicial members of the NJAC, tem has been operated inspires little more scope for its abuse. They feel that since any two members of the commis- confidence in the process of judges many unwarranted elements might sion can veto the preferences of the appointing judges, ushered in by the be appointed due to political patron- rest, as per Section 6(6) of the NJAC Judges’ Appointment and Transfer age and supersession might take place. Act, 2014. Their inclusion is thus the Case of 1993,” says Gupta. They will not like to take any chances. route to the restoration of the primacy He adds, “The number of undeserv- It is like playing with fire.” of the executive in the selection and ing persons appointed as judges in the appointment of judges. The provision last two decades is no less than the The Argument begins for their nomination by a three-mem- number of appointees intellectually There is more than one bone of conten- ber committee, two of whom would be and ethically worthy of the honour. tion that is making it difficult for the ju- non-judicial (prime minister and LoP), But the credentials of the executive are diciary to reach to a conclusion. and the requirement that one of them no better, not a whit better, than that Eminent person: The apex court on must belong to the SCs/STs/OBCs/ mi- of the judiciary. The stock of genuinely June 11 questioned the centre over lack norities or women give a clear political ‘eminent persons’ being highly limited, of provisions in the NJAC Act for re- and populist slant to the composition especially eminent persons who are moval of two eminent persons in NJAC of the NJAC.”

www.GovernanceNow.com 13 people politics policy performance

Revamping Justice

He adds, “Absolutely no other norms post in the national human rights com- still continue serving as the judge of or parameters have been set out in ei- mission and on June 18 put forward the court he is serving in and this will ther the Constitution 99th Amendment records showing that judgments deliv- lead to serious embarrassment to the Act or the accompanying the NJAC Act ered by the particular judge were well concerned judge and will impact jus- for the selection of the ‘eminent persons’ beyond three figures, contrary to the tice delivery.” themselves. The expression is delightful- government’s claim. He adds, “Therefore, we have to ly open-ended and the choice, not limit- Though the attorney general has maintain some sort of confidentiality. ed to law-persons, depends entirely on been quite vocal in his assertion of And for that, the government has given the wisdom of the three-member com- wrong persons being appointed to some sort of assurance.” mittee comprising the PM, CJI and LoP. If the higher judiciary, his case still falls However, CPIL feels that NJAC lacks the wisdom (and detachment) of the col- weak in the face of the aggressive argu- transparency. Its PIL states, “The said legium does not inspire confidence any ments put forward by the bench. Act does not lay down any standard of transparency, which is a sine qua “The government is trying to appoint all non for appointments to high offices pro-BJP and pro-RSS judges. They are trying as held by this Hon’ble Court in various judgments. The said Act also does to undermine the independence of the not lay down any objective criteria for judiciary and it is the gravest challenge to the the selection of judges. It does not also democracy.” state how the NJAC would evaluate the candidates for final selection. There- Colin Gonsalves, fore, the said Act gives unguided dis- senior advocate, SC and founder director of HRLN cretion to the NJAC to make arbitrary selection in an opaque manner.” Transfer of judges: The Act pro- longer, on what earthly basis can one re- Balancing act: One of the most con- vides that the NJAC can make recom- pose unstinted faith in the wisdom and tentious issues in the entire debate has mendations for transfer of chief justice detachment of the committee that will been that the Act shifts the balance of and other judges of the high courts. select ‘eminent persons’? power in favour of the executive as The procedure to be followed will be “However eminent a person Satyajit dissent by two other non-members can specified in the regulation. This has Ray might be in his own field, his selec- anytime restrict the unanimous rec- again attracted strong criticism. tion of judges would in most cases be a ommendation of the three judge mem- Anupam Gupta says, “The power decision marked by ignorance of law bers. Gonsalves says, “We know there of transferring judges (from one high and jurisprudence. And not every emi- is a problem with collegium but that court to another) must remain with the nent person would have the intellectual does not mean at all that you allow the judiciary or the CJI. It would be disas- independence of a Satyajit Ray. Neither government to pack the judiciary with trous for the independence of the judi- naiveté nor conformism will yield a pro-government judges. They want the ciary if the executive were to be given crop of outstanding judges. Its reliance balance to tilt towards the executive.” back this power either directly (as was on eminent persons is the Achilles’ heel Transparency: One of the criti- the situation before 1993) or indirectly of the 99th Amendment,” says Gupta. cisms of the collegium system has been through the NJAC. The culture of judges However, Parasaran feels that inclu- a lack of transparency. While the gov- looking over their shoulders at the gov- sion of eminent persons in a way will ernment has asserted that NJAC will be ernment (or the NJAC) before deciding democratise the appointment process. more transparent and a better system, cases or pronouncing judgment must “The matter is approached in a wrong it has not been able to fully convince be avoided and pre-empted at all costs.” way. The government should have the apex court as to how it will be so. He adds, “It is astonishing that the pointed out that nobody is blaming Parasaran while dwelling on the is- debate in the supreme court has not any system. But they wanted to actu- sue says, “The government wants to touched upon transfers at all. Even if ally have a system which is acceptable bring in transparency in the appoint- the NJAC were to be composed of an from a democratic point of view.” ment of judges. However, the judiciary ideal team of Platonic guardians, it Wrong appointments: Attorney feels that if it becomes transparent it must not be allowed a monopoly of general Rohatgi while arguing the case will impact the justice delivery system both appointments and transfers. Such stated that there has been an example in the sense that if a high court judge is a concentration of power, even the where a judge did not write even 100 considered for the appointment to the power of accountability, is highly un- judgments in 15 years of his tenure. supreme court or the service judges desirable and cannot but be misused. In spite of that the collegium brought for the appointment to the high court The power to transfer judges ‘in the laurels to him. However, the bench and if his name is rejected and this public interest’ (the ubiquitous and eu- questioned the government as to why information becomes public, the situ- phemistic formula which cannot, un- they rewarded the same person with a ation will become difficult as he will fortunately, be improved upon) must

14 GovernanceNow | July 1-15, 2015 How judges are appointed in other countries

United States of America rigorous one which ensures maxi- The constitution of United States of America dictates mum independence to judiciary. the appointment procedure for the judges of the supreme court which requires the president to appoint the judges Germany with the advice and consent of the senate. As the constitution of Judges to the federal constitutional court are elect- USA sets no qualifications for service as a justice, the president ed by the two houses of the German parliament may nominate anyone to serve, subject to senate confirmation. Bundestag and the Bundesrat. Basic law provides that each of these bodies selects four members of each senate, while South Africa the authority to select the court’s president alternates be- All judges of the higher courts in South Africa are tween them. The selection of a judge requires a two-thirds vote. appointed by the president of the national assembly on the advice of the judicial services commission which con- United Kingdom sist of 23 members that includes chief justice (chair), two repre- An independent judicial appointments commission sentatives of the presidents of the other courts, two practising (JAC) is responsible for appointing the judges for barristers nominated by the profession, two practising solicitors courts in England and Wales and for some tribunals whose ju- nominated by the profession, one academic lawyer, six mem- risdiction extends to Scotland or Northern Ireland. The commis- bers of the national assembly, at least three of whom are mem- sion comprises of 15 commissioners. Twelve, including the chair- bers of the opposition, four delegates from the national council man, are appointed through open competition, with the other of provinces, minister of justice or delegate, four persons desig- three selected by the judges’ council (two senior members of the nated by the national president after consulting other party lead- courts judiciary) or the tribunal judges’ council (one senior mem- ers. Appointment procedure followed by South Africa is the most ber of the tribunals judiciary). continue as a major instrument of ju- would thus be independent of the gov- sought the views of eminent lawyers in- dicial accountability. But it must reside ernment as well as of the sitting judi- cluding Fali S Nariman, K K Venugopal, in-house, not outside the judiciary.” ciary. This body would be mandated K Parasaran and Harish Salve. to function transparently and would Venugopal and Parasaran opined The other way out have to publish the persons shortlisted that it was constitutionally impermis- While there are valid arguments against for appointment for the information sible for the CJI to decline participat- both the collegium and NJAC, the ques- and comments of the people, before ing in a process which was mandated tion now arises as to what is the way the final selection. Being a full time by the constitution. On the other hand, out of this logjam. A suggestion in this body, it would lay down the criteria for Salve asked for continuing with the regard has been made in the PIL filed selection and would be mandated to go hearing of the petitions challenging the by CPIL. It states, “The committee on ju- about its task in a structured and ratio- validity of the NJAC Act and meanwhile dicial accountability (a voluntary body nal manner.” the bench can decide the need for an of senior lawyers and retired judges) Gonsalves suggests, “The third al- interim order to break the stalemate. proposed a bill for the constitution of a ternative is to have a collegium system Appointment of regular chief jus- full time and independent body called and to expand it little bit and include tices to five of the 24 high courts are the judicial appointments commission one or two outsiders so that balance pending and the logjam will only ham- for the selection of judges to the high does not shift to the executive. Intro- per the justice delivery system. While courts and the supreme court. It was duce certain people who will bring in concerns related to NJAC are valid the proposed that such a body could be con- transparency. Suppose you have one fact remains that it can always be chal- stituted from among retired judges or representative of the government, lenged like the collegium if it fails to other eminent persons who are selected there is no problem but you have to en- function properly. in the following manner. sure that the balance does not shift in As Parasaran points out, “There “The chairman to be selected by the favour of the government.” have been problems in the collegium collegium of all judges of the supreme and an attempt is made to bring in a court. A second member by the col- Logjam continues system that can remove the criticism of legium of all chief justices of the high On April 27, chief justice of India HL courts for wrong appointments. More- courts. A third member by the union Dattu refused to participate in a three- over, the judiciary will always have cabinet. A fourth by the collegium of member panel for selecting two emi- power to quash wrong appointments. the leaders of opposition of the two nent persons. That power cannot be taken away.” houses of parliament along with the Attorney general Mukul Rohatgi He adds, “If they wrongly veto two speaker of the Lok Sabha. A fifth by marked the development as “consti- appointments, NJAC will become tooth- a collegium of the CEC, the CAG and tutional stalemate”, and said that the less. If NJAC misbehaves, the SC sits the the CVC. Each of these members of bench may ask the CJI to take part in the next day and strikes down the NJAC.” n the judicial appointments commission meetings for selecting the two members would have a tenure of five years and of the NJAC. Following which the bench [email protected]

www.GovernanceNow.com 15 people politics policy performance

Thought for Food The art, craft and business of chocolate-making A Swiss chocolatier shares the saga of an adventure undertaken five generations ago

Shreerupa Mitra-Jha Letter from Europe the Indian government in recent days – being neighbours. Peter’s experiments of mixing cow boulangerie. There were no chocolates milk, which had too much water, with in this period, there were only choco- cocoa, with its fatty content, were fail- late beverages,” Auer says alternating ing because the two were impossible to between French and English. mix. He found the solution in his neigh- Technically, there were chocolates bour Nestle’s invention of condensed in this period though not the rich de- milk – where part of the water was al- hen the US secretary of lights that we are familiar with today ready extracted from the milk. Thus, state, John Kerry, toppled – chocolates then were basically an Peter brought the powder milk choco- off his bike in the pictur- expensive and crude mix of cocoa and late to the market and milk chocolates W esque village of Scionizer sugar imported from the colonies. in the form of bars in 1875. in June he had already achieved his When Henri Auer was in France With so much innovation emerging twin objectives that have become con- tending to his boulangerie, four from a concentrated space it is diffi- stants with his Geneva trips over the chocolatiers – François-Louis Cailler, cult to say with certainty who invented last two years. The first objective of Charles-Amédée Kohler, Daniel Peter what but Peter, who got a notary cer- negotiating with the Iranians to thrash and Henri Nestle – around the north tification first, is recognised as the in- out a nuclear deal attracts much mul- shore of Lake Geneva in Switzerland ventor of milk chocolates. tilateral attention and occupies dedi- were working fervently to bring choco- Within the next two decades, the cated space in newsprint globally. The late to the masses. biggest chocolate industries had been second objective, however, which is The town of Vevey, in particular, was established: Cailler and Peter joined equally a holy grail for Kerry but un- turning out to be a hotspot for choco- firms in Broc but were eventually known to the world, are his visits to his late innovations with the four com- bought over by Nestle, Philippe Sucha- favourite chocolate shop, Auer Choco- peting against each other but equally rd in Serrières, Lindt and Tobler in latier, to get truffles for his wife, Teresa interested in the other’s innovation. Bern. Heinz Kerry. François-Louis Cailler, the first Swiss “My grandfather, Gaspar Auer, “He got his truffles this time too,” producer of chocolate and founder of came back to Switzerland, married a says Philippe Henri Auer, owner of the Cailler chocolates, had already set up Swiss girl and opened a confiserie, pat- shop, in a thick French accent. “I hope a chocolate factory in Vevey in 1819. tiserie and boulangerie near the gas he gets well soon and returns to Gene- Charles-Amédée Kohler, the inventor station in Geneva. But since 1939 we va,” he adds. of hazelnut chocolate in 1830, also had are doing only chocolates. At this peri- It is no mean feat that Auer’s family a factory but still produced it in the od (sic) even if the chocolates were ar- has achieved to carve a niche for their form of a drink. tisanal they were more like bars. And pralines and truffles in a country re- The invention of the milk chocolate, my grandfather was the first [in Gene- nowned for its brown magic. for which Switzerland is known today, va] to make bonbon of chocolates. We “I am the fifth generation in the however, was a result of serendipity on were one of the first producers of arti- confiserie business. The adventure at least two counts. The candle-maker sanal chocolates in Geneva,” Auer says started with my great great-grandfa- Daniel Peter’s marriage to chocolatier with beaming pride. ther, Henri Auer, around 1830. At this Cailler’s daughter, Fanny, and the hap- “The period from the 1940s to the time there was no work in Switzer- py coincidence of Peter and Henri Nes- 1950s was the beginning of [the popu- land so he moved to Tulon in France tle – the founder of Nestle, the compa- larity of] bonbons. Making bonbons is and built a very famous confiserie and ny that has caused much heartache to like making jewellery. He [Gaspar] had

16 GovernanceNow | July 1-15, 2015 “Because our shop, our around 25 to 30 types of bonbons. The business, is like Patek influence was Italian pralines and gi- Philippe. You never own anduja. Italians were not specialists in [buy] it. You have it and chocolates but they were always specialists in nuts and pasta,” says Auer, you must give it to your reminiscing of his chocolatier grand- next generation. It’s [an] father who died before Philippe was exclusive one spot in the born. We have to imagine that he started world. I work hard for its the business in 1939 during the World reputation to give it to my War II. It was a hard time. Everything son.” was rationnée [rationed] – milk was ra- tionnée, bread was rationnée. Howev- er, at this time also, Geneva was a place Philippe Henri Auer where a lot of big names, big families Owner of the chocolate shop, including the Russian royalties, Hol- Auer Chocolatier lywood and French stars of the 1950s came, because it was quite a safe place in Europe. Big names [came] and with them fortunes came,” adds Auer. By the fourth quarter of the 19th century, Switzerland had become a shreerupa mitra-jha popular destination with the British middle class. It began with an imagi- almost side-by-side in the Corsier-sur- and employed a little over 4,500 people native, young cabinet-maker called Vevey cemetery. – with more men employed than wom- Thomas Cook making a trip in 1863, “This is how Auer became famous en – in 2014. primarily to gather information, with because of the tourists. My father “We [Auer] are known for the 60 people all the way up to Geneva and took up the business in 1967 when my Amandes Princesse [almond princess further on. grandfather died. It was a fast-growing bonbons]. And it is my father who Cook had already taken 500 tour- period for Geneva. There was a crisis came back with this recipe and then I ists to Switzerland by the end of 1863. in Europe from the 1970s to the 1990s developed this project. We have new With Cook’s invention of hotel cou- but the same period was fabulous for flavours like lemon, caramel with salt pons and circular notes in 1874, travel Geneva. We say those were the best and butter – it’s a trendy flavour.” became easier than ever before, thus years of the [last] century,” Phillippe Auer has some famous clients apart marking a flurry of middle and upper says with a broad smile and nostalgic from Kerry but Philippe strangely re- class tourists to Geneva. The combina- eyes. fuses to divulge the names. One would tion of healthy Swiss milk along with “My father expanded to about 50 to have thought that politicians ought to cocoa beans caught the imagination of 55 bonbons. Now I am trying to keep have more to be ashamed of than hav- English tourists making the industrial it to 65. It’s always difficult when you ing a sweet tooth. production of chocolate a profitable do a new chocolate but you cannot do “We don’t work like other busi- venture. new chocolates every year and keep nesses who want to make different Apart from emerging as an afford- the old ones. So it’s tricky and to choose shops in Paris, London. I have a lot of able holiday destination for the typical the ones that don’t work anymore as propositions but I don’t want. Because middle classes from the UK, Switzer- the clients demand ‘where are my our shop, our business, is like Patek land also became the place where the chocolates?’.” Philippe. You never own [buy] it. You rich and famous came to live out their According to the Association of have it and you must give it to your last days. And the list of those who Swiss Chocolate Manufacturers, the next generation. It’s [an] exclusive one opted for a final resting place in this per-capita consumption in Switzer- spot in the world. I work hard for its beautiful Alpine country is long includ- land based on domestic consumption reputation to give it to my son. I am ing Charlie Chaplin, Graham Greene, (excluding powder) is 11.7 kg. Around proud to give good chocolates to every- James Mason, Coco Chanel, James Had- 63 percent of the chocolates were ex- body. I want to have class but also stay ley Chase, David Niven, Vladimir Nabo- ported in 2014 to 152 countries with popular. Basta [enough],” says Auer kov, Audrey Hepburn, Jorge Luis Borg- Germany being the single largest recip- raising his palm in a gesture of charm- es, Alistair MacLean and David Niven. ient. Surprisingly, however, the choco- ing finality. n In fact the graves of Charlie Chaplin, late industry had an annual turnover Graham Greene and James Mason lie of only about 1.7 billion Swiss francs [email protected]

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people politics policy performance Arun kumar Public Finance

No real check on how your money is spent by govt An insight into how the budget voted by parliament is micro-managed by the executive

S Krishnan general’s (CAG) report on the union fi- expenditure of `14,073.67 crore, con- nance for the year 2013-14, presented stituting more than 50 percent of the in May, provides an in-depth analysis total expenditure recorded under 16 of the entire gamut of the manner in major heads, was classified broadly which the budget allotments have been as ‘other expenditure’ without details. utilised by the executive. The public Such lack of transparency continued hardly ever comes to know the various despite this aspect having been com- shortcomings in following the rules mented upon earlier as well. of the game relating to parliamentary In January 2005, the department of he macro picture of the steps financial control, and the manner in economic affairs directed all ministries taken to boost the economy which the budgetary allotments are and departments to ensure that funds through the budget is sub- micro managed by the executive. of regulatory bodies should be main- jected to intense analysis and Contrary to the observations of suc- tained in the public account. However, discussion. However, little at- cessive finance commissions stress- 14 regulatory and autonomous bodies tentionT is paid to the details of how the ing the need for greater transparency, had retained funds generated through budget is utilised by the executive dur- it was observed that the accounts as fee charges, unspent grants, interest ing the year. presented did not include various de- accrued on government grants, re- The comptroller and auditor tails as recommended by them. An ceipt of licence fees, corpus fund, etc.

20 GovernanceNow | July 1-15, 2015 aggregating `5,917.44 crore at the end only `24,896.49 crore was made leav- commercial applications of indigenous of March 2014 outside the government ing a balance of `33,682.86 crore which technology or adapting imported tech- account which did not therefore pass was utilised for purposes other than nology to wider domestic applications, through parliament scrutiny. the objectives for which the levy was out of the funds. Thus though the col- Advance customs receipts, which meant. This was despite similar audit lection of cess under the Act was sub- pertain to a future period, have to be comments during the period between stantial, the utilisation of the cess pro- kept under suspense and are to be 2009-10 to 2012-13 and the observa- ceeds for the intended objectives was credited to the consolidated fund of tions of the Public Accounts Commit- quite meagre. However, it was also ob- India (CFI) in the year to which they tee (PAC) against such practice. Being served that the cess proceeds were be- pertain. However, `222.56 crore was a specific purpose levy, the entire col- ing partly utilised to finance the reve- kept under suspense head as opening lection, after initially being credited to nue deficit of the government over the balance resulting in understatement the CFI, should have been transferred years. The matter of under-utilisation of the customs receipt during 2013- to the USO fund in the public account of the proceeds for the desired objec- 14. As customs receipts form a part of in order to ensure that the USO fund tives and the levy of cess at the rate be- the divisible pool of taxes to be shared transparently reflected the unutilised ing collected was raised in the reports between the centre and the states, as balances. of previous years too, but the trend re- per directions of the finance commis- The Research and Development mained the same. sion, this implied short devolution of Cess Act of 1986, provided for the levy The Finance Acts of 2004 and 2007 the amount to the states during 2013- and collection of a cess on all payments imposed a cess of 2 percent and 1 per- 14, despite similar comments in earlier made for import of technology, to en- cent on all central taxes towards pri- reports for the years ended 2010-11 to courage commercial application of in- mary and secondary and higher edu- 2012-13. In April 2002, a statutory non- lapsable universal service obligation The scrutiny of the accounts for the period 2004-05 (USO) fund was set up for achieving the to 2013-14 revealed that against the total collection objectives emphasised in the national telecom policy (NTP) 1999, to be utilised of `1,30,599 crore of primary education cess in the exclusively for providing access to ba- CFI, only `1,19,197 crore was transferred to the PSK, sic telegraph services, like public tele- communication and information ser- resulting in short transfer of `11,402 crore. vices and household telephones as also creation of infrastructure for mobile services, broadband connectivity to vil- digenously developed technology and cation respectively. The 2 percent cess lages and induction of new technologi- for adapting imported technology, to collection was to be initially credited to cal developments in the telecom sector wider domestic application. The Act the CFI and subsequently transferred in rural and remote areas, etc. The re- provided for collection of cess at rates after obtaining parliamentary authori- sources for meeting the USO fund were not exceeding 5 percent to be levied sation, to a non-lapsable fund in the to be raised through a universal access on all payments made towards the im- public account known as the Praramb- levy (UAL) which was first to be credit- port of technology and for creation of a hik Shiksha Kosh (PSK) established in ed to the CFI and subsequently credited fund to be administered by Technology 2005-06, to finance the expenditure on to the USO fund in the public account, Development Board (TDB) under the elementary education, under the Sarva for being utilised exclusively towards department of science & technology. Shiksha Abhiyan and Mid-Day Meal the stated objectives. The levy so collected is to be credited Scheme. It was noticed that only `2,163.45 initially to the CFI and thereafter paid The scrutiny of the accounts for the crore was transferred to the USO fund with the approval of the parliament, to period 2004-05 to 2013-14 revealed that in the public account out of the to- the Development Bank for being uti- against the total collection of `1,30,599 tal receipts of `7,896.39 crore which lised on the purposes of the fund. crore of primary education cess in the resulted in under-statement of the It was observed that cess to the ex- CFI, only `1,19,197 crore was trans- closing balance of the USO fund by tent of `4,876.71 crore were collected ferred to the PSK, resulting in short `5,732.94 crore during 2013-14. The during the period from 1996-97 to transfer of `11,402 crore. overall understatement of the closing 2013-14. Out of this only `542.41 crore As regards to the 1 percent cess for balance in the USO fund was to the (11.12 percent) was disbursed to TDB secondary and higher education, a to- tune of `33,682.86 crore as of March as grants in-aid during the same pe- tal collection of `52,268.65 crore had 31, 2014. Further, against the total levy riod. TDB, in turn, disbursed financial been made. However, unlike the cre- of `58,579.35 crore during 2002-03 to assistance and loans of `1,217.77 crore ation of PSK in the case of primary ed- 2013-14, disbursement of subsidy of to industrial concerns attempting ucation cess, neither a designated fund

www.GovernanceNow.com 21 people politics policy performance

Public Finance

was created to monitor the proceeds of 40 percent of the original provision SHEC, nor were schemes identified on Mismanagement of and in the case of some others the sup- which the proceeds were to be spent. money plementary grants asked for was even Consequently, the utilisation of cess for Findings of CAG report on the union higher than the original provisions! furthering the cause of secondary and finance for 2013-14. Peculiarly enough in eight grants, cash higher education as envisaged in the supplementary provisions aggregating Finance Act was not transparently as- 14,073.67 crore to `722.48 crore were obtained dur- certainable from the Union Accounts. ` ing 2013-14 in anticipation of higher It is indeed unfortunate that the un- Classified as other expenditure without expenditure, but in three grants the fi- details grudging contribution of the entire tax nal expenditure was even less than the paying community does not appear to original provisions! have been usefully utilised. `5,917.44 crore During 2009-10 and 2013-14, ex- In all 122 demands for grants were Retained by 14 autonomous and regulatory penditure on grants-in-aid ranged be- approved by the parliament, involv- bodies at end of March 2014 tween 28-32 percent of the revenue. An ing a total disbursement of `52,86,232 amount of `1,12,708 crore was directly crores from the CFI against a total re- transferred during 2013-14 to state/dis- ceipts of `52,66,677 crores, resulting `222.56 crore trict level autonomous bodies and au- in a deficit of `19,555 crores during Kept under suspense head during thorities, societies, non-governmental 2013-14. 2013-2014 organisations, etc. for implementation Thus, there was excess disburse- of centrally sponsored schemes out- ment of `3,493.06 crore over the au- 33,682.86 crore side the state government budget. The thorisation from the CFI during 2013- ` aggregate amount of unspent balances Overall understatement of the closing 14, with a break up of `39.59 crore in in such accounts maintained outside balance in the USO fund as of March 31, three segments of three grants/appro- 2014 government accounts was unascertain- priations in civil ministries/depart- able. Detailed information called for ments, `2,719.75 crore in 19 segments regarding the status of receipt of Utili- of 12 grants/appropriations of railways `19,555 crore sation Certificates (UC’s) showed that in and `733.72 crore in four segments of Deficit of grants distributed under CFI 21 ministries/departments, 44315 UCs three grants of defence services. De- during 2013-2014 involving `43,872 crore which were spite being pointed out earlier and PAC due on March 31, 2014 were outstanding as on January 2015. The institution of financial advisors and chief Thus the institution of financial advisors and chief controllers of accounts, controllers of accounts, who are to ensure the who are to ensure the observance of fi- observance of financial propriety as prescribed in nancial propriety as prescribed in the rules, as also the requirements of par- the rules, as also the requirements of parliamentary liamentary financial control, appear to have been lax in performing their du- financial control, appear to have been lax in ties. Tight budgetary control and trans- performing their duties. parency in presentation of the accounts is an essential part of parliamentary democracy. While the CAG and the In- dian audit department deserve to be recommendations for minimising the During 2013-14, under 201 segments congratulated for the excellent manner persistent excesses, no concerted ef- of 99 grants/appropriations, there were in which the in depth analysis of the forts were taken to observe financial net saving of `7,25,760 crore. In 91 accounts has been conducted and pre- discipline. segments across 67 grants/appropria- sented in a report running to 292 pages, The PAC had further desired that de- tions, where savings of more than `100 it should not be allowed to become an tailed note in respect of savings of `100 crore had occurred, the ministries/de- exercise in futility, but taken seriously crore or above must be furnished to partments concerned surrendered the by the executive to avoid such opaque- the committee by the respective min- savings on the last day of the financial ness and bring about transparency istry/department. It was observed that year in violation of rule 56 of the Gen- and accountability, in the presentation saving of more than `100 crore, requir- eral Financial Rules. of the annual accounts in the future.n ing such detailed explanatory note, Moreover, a number of ministries/ had occurred in 102 cases of 78 grants departments obtained supplementary Krishnan is a former additional secretary, during 2013-14. grants/appropriations which exceeded ministry of finance.

22 GovernanceNow | July 1-15, 2015

Interview Shereen El Feki, British author and journalist COURTESY: www.jaipurliteraturefestival.org “Sexuality is much more complex than political lives”

British journalist and health worker a major issue. Although I used to take of infections was very low compared Shereen El Feki dared to rush where yearly trips to Egypt, I never really to the rising tide of HIV in sub-Saha- most fear to tread. But she’s nobody’s thought about my Arab-Muslim heri- ran Africa or across Asia, including fool. She researched on sex in the tage until September 11 [the attack on India. So, as I started to look closely, Arab world. The result: her first the twin World Trade Center towers I began to realise that HIV was very book, Sex and the Citadel: Intimate in New York by Islamist terrorists]. much present in the Arab world but Life in a Changing Arab World, has After the tragic events of that day I that the taboos around sex were a been nominated for the Guardian really wanted to understand where I stumbling block to facing what was First Book Award and The Orwell come from and especially about these an emerging epidemic. If we fast- Prize. She has served as vice-chair of people and this part of the world forward to today, there are only two the UN’s Global Commission on HIV about which so much was being writ- parts of the world where HIV is on and the Law. She spoke with Puja ten about, often in hostile tones. Af- the rise in terms of new infections Bhattacharjee about the challenges ter September 11 you couldn’t be am- and deaths from AIDS; one of those she faced, how sex is used by the state bivalent anymore. You either moved parts of the world is the Middle East, to repress women and contradictions toward or away from that heritage. I and the other, North Africa. So, we of the Arab world. She advises an am one of the many who moved to- very much have HIV, and sex is at the Arabic website on sexuality that took wards it. heart of the epidemic because most inspiration from an Indian website. I chose sex as my lens comes from cases are sexually transmitted. I start- my background as an immunologist ed asking questions about sex from a What prompted you to research and a healthcare correspondent for public health perspective. It became sexuality in the Arab world? The Economist. Part of my job was clear to me as I started talking to peo- It was a function of my personal and writing about the global HIV-AIDS ep- ple about sex, that sex is a really pow- professional backgrounds. I am half- idemic and as I started writing about erful lens which helps us to under- Egyptian and Muslim. Most of my these issues I became interested in stand a society and people. There is a family is in Egypt but I grew up in HIV in the Arab region. This was in connection between what is happen- Canada and I grew up at a time when the early 2000s when it appeared ing inside the bedroom and what is being an Arab and a Muslim was not there was no HIV there. The number happening outside – what is going on

24 GovernanceNow | July 1-15, 2015 in politics, economy, religion, tradi- India have concentrated more on the 2008 and until last year there was tions and relations between genders solutions, than the problems. That is very little accurate information avail- and generations is reflected in sexual how I intended my book to be read. able in Arabic. In Egypt, still less than attitudes and behaviours. Do you see hope after the Arab a quarter of the young people are on Do you feel Islam is hopelessly Spring? the internet. The information in Ara- patriarchal and prejudicial to women Despite all the setbacks of the Arab bic was mainly religious and treated and the only way change can come is Spring, it has stimulated people to sexuality from a very conservative by jettisoning it? start asking questions. There is cer- point of view, which is only one inter- No. I am a practising Muslim who tain willingness to start pushing the pretation of religion. There is so much grew up in Canada where I had the boundaries and challenge the re- flexibility in Islam on so many sexual freedom of thought, worship and ex- ceived wisdom. issues – abortion, masturbation, even pression. Because of that freedom I What were your challenges while homosexuality, which conservatives am able to reconcile my faith in a way researching for the book? are not willing to acknowledge. Since that is compatible with my self-es- My difficulty was not to get people last year, a new site has emerged teem and my rights and responsibili- to start talking about sex, rather the which is an interesting product of ties as a citizen living in a democracy. difficulty was to get them to stop talk- the Arab Spring. It’s called Al Hubb Faith should be a private matter. It is ing about sex. The problem I thought Thaqafa (Love is Culture) (www. your choice if you want to live your I would have was getting people to lmarabic.com) and is about sexual- life inside or outside the perimeters open up. But that was not a problem ity – in Arabic. I’m an adviser to the of Islam. The reality in the Arab coun- at all. That is because people want to website. We have not witnessed this tries in the foreseeable future is that talk about sex, but they often lack an level of frank, unvarnished discus- this is not an option. There is tremen- opportunity to do so in a context in sion about sex since the 9th or 11th dous collective pressure toward con- which they, especially women, feel century. Although it’s under the aegis formity and a lot of that is based on rather conservative interpretations of Islam. Even in Egypt, after the up- “People do not want a secular sexual revolution. rising, Islam remains the cornerstone They do, however, want to reconcile the needs of of our constitution. To those who tell me why you don’t get rid of Islam, I the faith with the needs of the flesh.” say that is not what people are asking for on the ground. People do not want a secular sexual revolution. that they can ask questions and ex- of Radio Netherlands Worldwide, the They do, however, want to reconcile change views without judgment or site was created by Arab women and the needs of the faith with the needs censure. edited by Arab women; most of its of the flesh. Would you say your book focuses contributors and almost half its audi- What was the Arab world’s reaction more on female sexuality? ence are also women from the region to your book? My book is often presented as a book – a remarkable development given The book is presently circulating on women’s sexuality but there is a how few other outlets young women in the Arab world in English and lot on men in there. I have a whole have to ask questions and exchange French. Because of this, the book is chapter on LGBT men as well as wom- ideas about sexuality, with men in being read by a more educated, young en. The reason why you hear more particular. And this project got its in- and westernised audience. The re- female voices is just that women had spiration from India, the pioneering sponse has been incredibly positive. more interesting things to say about Love Matters website (lovematters. I have received favourable reviews sex. In part, because the burden of in), launched in English and Hindi a in newspapers and endless emails, sexuality falls firmly on women. They couple of years ago. tweets and posts on my Facebook have to think more deeply about re- What were the responses from page, particularly by women, thank- production and other aspects. Then other Arab countries? When you ing me for writing this book because there is regulation. Whether it is the approached men about their it gives them an opportunity to start state with its laws or the family with sexuality how did they react? having discussions and asking ques- its social controls, sexuality is much The Arab world is a very diverse tions which they weren’t able to do. more tightly constrained for women place. There are three major taboos The only adverse comments I have than it is for men in our societies. in the Arab world – politics, religion received are from a few readers in Also, it was easier for women to talk and sex. No matter where you are in the West who have questioned why to another woman. the Arab region you are somewhere I wrote about possibilities for change What role does the internet play in on this spectrum of the forbidden. within the framework of Islam. The disseminating information on sex in Female virginity remains a big deal, most perceptive readings of my book the Arab region? masturbation is considered forbid- have come from India. Readers in When I started writing this book in den, abortion in most countries is

www.GovernanceNow.com 25 COURTESY: sexandthecitadel.com tightly controlled, sex education is control their own bodies, if their hy- not permitted and homosexuality mens are not their own business? is a deep dark shame. We are more How will men and women treat each or less bottled up around sex. Some other with respect in the boardroom countries are able to address some if they are not able to communicate issues more frankly than others due with and respect each other in the to a more active civil society, but it is bedroom? The political and the per- never easy. sonal are intimately connected. You During my research, young men cannot separate one from the other. and gay men would talk to me very India is a very interesting example. freely about sex, the latter mostly be- This country has all the trappings of cause they are subjected to many of democracy. You have everything we the same societal pressures as wom- aspire to – a relatively free press, an en. The most reticent were married active civil society, a democratically- men, in large part because they are elected parliament, and an ostensibly not used to talking about such issues independent judiciary. No democracy with much deep reflection or analy- is perfect but you have many of the sis, and not with women, to be sure. aspects we dream of and yet it is sur- We make sex a problem. In order to In Saudi Arabia, everything appears prising that Indians have many of the make it respectable for public discus- to be buttoned up and women seem same problems as us in the bedroom. sion, we treat it as a disease – HIV – or highly repressed. But, of course, they You are the world’s biggest democra- a social dysfunction – sex trafficking engage in the same practices one sees cy but democracy is yet to reach the or sexual violence. When we frame elsewhere, including pre-marital sex, bedroom and personal lives. it that way, men are the oppressors/ same-sex relations and sex work. It’s How can we change attitudes? exploiters/disease transmitters. We the same gap between appearance People have started pushing against do not talk to them, because they are and reality as you see in Beirut – the taboos. The groups that are most suc- part of the problem. The idea that difference is in what appears and cessful are the ones that are trying they could be part of the solution and what is hidden. to bring change through negotiation the reason that they are often coun- What is the role of governance in and not through confrontation. They terproductive is in part because they sexuality? are moving slowly along the grain of are rarely brought into the discus- Religious, secular and political au- religion and culture because now it is sion, or that they too are under pres- thorities have used sex as a tool of clear that change cannot be brought sures which shape their attitudes social control through ages. Those in through a dramatic break with the and behaviours in often unhelpful power have always sought to control past. Sexuality is much more complex than political lives. Change is go- “...It is surprising that Indians have many of the ing to come through evolution, not by revolution. same problems as us in the bedroom. You are the What is your next project about? Over the next two years, my col- world’s biggest democracy but democracy is yet leagues and I will be interviewing to reach the bedroom and personal lives.” thousands of men in four countries of the Arab region. It is part of an international project in many countries, including India, called the In- ways, is seldom acknowledged. Peo- female sexuality because it is central ternational Men and Gender Equal- ple are beginning to understand that to reproduction. In Egypt in 2011 the ity Survey to understand what is men need to be engaged in the pro- military government conducted vir- going on with men, not just inside cess of gender equality in and out of ginity tests on female protestors to the bedroom, but outside as well. the bedroom. intimidate them. And homosexual How do men see their roles as fa- Any contradictions you observed rape of male prisoners is a far from thers, sons, husbands, lovers, work- during the course of your research? uncommon police practice, to subju- ers and friends? We are going to ask I have researched both in Leba- gate unruly subjects. We make these the questions that women have faced non and Saudi Arabia. In Lebanon, grand statements on freedom, jus- for years. We have endless books and on the surface it appears anything tice, equality and dignity, but unless projects about women in the Arab re- goes. In downtown Beirut, women we achieve these principles in the gion, but very few on men and mas- dress and appear to lead western bedroom as well, they are meaning- culinity. n lifestyles, but they have many of the less. How empowered can women same sexual problems as in Egypt. be in the ballot box if they do not [email protected]

26 GovernanceNow | July 1-15, 2015 Reserve Bank of India favours FII G-sec limits in rupee

iming to provide more head- billion annually. Out of this, FIIs A room for investment and are allowed to invest $25 billion, greater inflow of foreign currency whereas $5 billion is for long-term by foreign institutional investors investors. In terms of rupee, the FII (FIIs), the Reserve Bank of India has limit in the government securities suggested to the finance ministry to is `1.92 lakh crore. Both the RBI set limits for investment in govern- and the government have been ment securities in Indian rupee in- trying to attract FDI as well as for- stead of dollar. The investment lim- eign portfolio investment, in order it for government securities (G-sec) to keep the rupee stable against by FIIs is currently pegged at $30 dollar.

Banking Updates

Banks told to encourage regional languages Govt intends to provide eserve Bank of India governor those who have money but no access to `57,000 crore to PSBs R Raghuram Rajan has told banks formal banking channels in a language to use Hindi and other regional lan- they would understand. he government intends to provide guages to con- He added that Tabout $9 billion (`57,000 crore) to nect with cus- Hindi and oth- public sector banks (PSBs) towards tomers, as er regional lan- recapitalisation over the next two per media re- guages would fiscals, in order to meet global risk ports. Rajan help poor cus- norms and for growth, finance sec- expressed his tomers under- retary Rajiv Mehrishi has said. Meh- views while stand banking rishi told media that since it was an presenting Ra- facilities bet- ongoing process, the government’s jbhasha shield ter and can initiative need not wait for the Bud- for 2013-14 act as a bridge get. Mehrishi added that the govern- awards to winning banks. between the banker and the custom- ment was aiming at infusing about $3 Rajan said that it was the responsibil- er, and can help them from being billion in the current year and per- ity of the government and the banking robbed of their money through ponzi haps twice as much in the next year. sector to provide banking facilities to schemes. The government has earmarked `7,940 crore in the Budget for recapitalisation of PSU banks for the cur- State Bank of India HDFC Bank's PSB heads: Panel rent fiscal. Finance minister Arun Jaitley, earlier in June, had promised launches eforex instant loan plan shortlists names for more capital to the banks. State Bank of India has HDFC Bank has launched an A panel headed by RBI chief In February, it had provided launched SBI eforex, an in- instant loan plan for its exist- Raghuram Rajan has short- `6,990 crore to nine public sector ternet-based platform, that ing customers which will dis- listed 11 candidates for the banks, they being, State Bank of In- lets customers book foreign burse personal loans in just 10 post of CEO and MD of five big dia, Bank of Baroda, Punjab National exchange transactions on- seconds. A pre-approved loan public sector banks, including Bank, Canara Bank, Syndicate Bank, line. In a statement the bank amount available to custom- PNB, Bank of Baroda and Ca- Allahabad Bank, Indian Bank, Dena said it will enable the cus- ers 24x7. The process is com- nara Bank. The names have Bank and Andhra Bank. Between tomers to obtain forex rates pletely paperless and users been forwarded to the finance 2011 and 2014, the government pro- without visiting the branch. can avail the loan online. ministry for further approval. vided `58,600 crore to the banks.

www.GovernanceNow.com 27 people politics policy performance

Police Reforms In search of people’s police Buckled under the will of political executive and now private players, police find it difficult to reach out its helping hand to the public

Arun kumar Yogesh Rajput

n 1996, two retired director gen- erals of police (DGPs) – Prakash Singh and NK Singh – along with I consumer activist HD Shourie, filed a public interest litigation (PIL) in the supreme court (SC) to bring about a change in the policing system. After serving years in police force, the main petitioner Prakash Singh was frustrat- ed with the constant interference of politicians and bureaucrats in the department. The officer strongly felt that the archaic Police Act of 1861 needed to be reviewed. After a decade of struggle, in Sep- tember 2006, the SC, in a landmark judgment, gave several directions to the centre and states to deal with numerous issues plaguing the policing system. Though on one hand, many committee and the Soli Sorabjee com- The BJP, in its 2014 general elections states turned a blind eye to the court’s mittee – were set up to find solutions to manifesto, had promised a slew of ini- decision. On the other hand, others the problems afflicting the police sys- tiatives to improve working conditions just made some cosmetic changes for tem. Though many of their recommen- of the police force and make it more ef- the sake of adhering to the court’s or- dations were concrete, the implemen- ficient. The centre, however, finds it dif- ders. Such apathetic approach towards tation of the same was fragile. ficult to deliver on these promises since police reforms is nothing new in India. In November 2014, PM Modi de- police is a state subject. The possessive- In 1977, National Police Commission vised a new acronym for the police, ness of the states towards the territory (NPC) was constituted to take a compre- SMART – strict and sensitive, modern they control is so strong, that they had hensive review of the police system. and mobile, alert and accountable, re- even defied the SC in past. In subsequent years, the commission liable and responsive, and trained and came out with several reports recom- techno-savvy. But the question of how Role of the state mending modalities for inquiry into the same could be achieved remains In 2006, the SC had directed all the complaints of police misconduct, se- unanswered. “Over 300 recommenda- states to form a state security commis- curing professional independence for tions have been made by various com- sion (SSC), which would act as a buffer the police, and constituting statutory mittees and commissions set up on po- body between the police and the legis- commissions in each state to lay down lice reforms. So, by saying that we are lature to ensure that the state govern- broad policy guidelines for the perfor- going to achieve SMART police, you are ment does not exercise unwarranted mance of preventive task and service just adding one more recommenda- influence or pressure on the state po- oriented functions by the police. All of tion. But without its proper implemen- lice. Maharashtra and Uttar Pradesh, these recommendations, however, re- tation, it is meaningless. The larger however, had initially declined to set mained active only on paper. question here is why so many recom- up an SSC arguing that police was a Moreover, in the late 1990s and early mendations have not been implement- state matter and thus the court could 2000s, a number of committees – the Ri- ed yet,” says Dhirendra Singh, former not question them on non-compliance beiro committee, the Padmanabhaiah union home secretary. of its “recommendations”.

28 GovernanceNow | July 1-15, 2015 Even when the states did comply into Mantri mall, in west Bengaluru, individuals in matters of police secu- with the directives, they had a lacka- and interact with an investigating of- rity services. daisical approach in implementing the ficer via video conferencing. Sounds In 2009, the Federation of Indian schemes. “There are states which pass good. But Saurav Datta, programme Chambers of Commerce and Indus- their own laws and feel they are be- officer for police reforms at Common- try (FICCI) came out with a task force yond the court’s orders, and then there wealth Human Rights Initiative, thinks report on national security and ter- are states which pass executive orders otherwise. “It is not that the police is rorism. Though the report primar- but the compliance is farcical,” says making things easier for the public. ily talked about the growing threat of Prakash Singh, former DGP of UP. The police should rather create an im- terrorism in India and ways to tackle The centre, though, can work well age which eradicates fear among the the same, it also, at several instances, with the states when it comes to han- public in visiting a police station, rath- pointed out the need for the govern- dling inter-state and transnational er than taking such shortcuts.” ment to address security concerns of crimes. “The grey area, wherein a Modernising the police system has the private sector. In the same year, crime is not restricted to one state been the keyword lately for almost the parliament passed the central in- and requires the centre’s intervention, every state police department. Dat- dustrial security force (amendment) needs to be strengthened,” says Dhiren- ta, however, feels that in the name of Bill of 2008, paving way for the private dra Singh. This becomes all the more modernisation, many important polic- industries to receive CISF security cov- important as at times a state refuses to ing aspects have been ignored. “The er on cost reimbursement basis. Soon cooperate with the centre. In October hallmarks of modernisation for the after, Infosys became the first private last, West Bengal chief minister Mama- police are either installation of CCTV company to avail CISF security cover ta Banerjee had initially opposed any cameras or carrying out crime map- for its complex located in Bengaluru. intervention of the National Investigat- ping. Due to these, the police is losing However, warns Datta, “A scenario of ing Agency (NIA) in the Burdwan blast a public-private partnership in the po- case after the NIA took over the inves- lice would be just disastrous.” tigation. The state governments have Reforms in the police cannot be never been comfortable with the cen- “The problem is that we have looked in a one-dimensional manner. tre trying to have its way in matters of never looked at policing as a As Datta says, it is all tied up and one law and order. It was for this very rea- subject of study. Criminology cannot really prioritise a particular re- son that the proposed national counter form. “For example, it is an established terrorism centre, mooted in wake of is at a very nascent stage in argument that police needs to be ac- the 2008 Mumbai terror attacks, has India,” says Saurav Datta, countable. But a major reason why po- not seen the light of the day. lice personnel many a times tend to be- This, however, is not to say that po- programme officer (prison come brutal is because they are made lice forces in several states have not reforms), CHRI. to work for endless hours, which leads taken any measure on their own to to an imbalance in their personal lives. improve work efficiency and provide So a reform regarding better working better services. Yet, many a time the conditions for the police is also neces- impact and the intent becomes ques- interest in its on-the-ground intelli- sary.” Similarly, commenting on the tionable. In 2013, the Mumbai police gence gathering skills, as it is now re- SMART initiative, Prakash Singh says established a social media lab to moni- lying heavily on modern technology. that “sensitivity to the common man by tor and, if need be, block or take down Moreover, by merely recognising a sec- the police comes by independence in “objectionable” content from the in- tion of population in a community that action. But if the police remains under ternet to prevent any situation which is considered crime-prone, the tool of the thumb of extraneous influences, it disrupts law and order. As part of their crime mapping gives rise to prejudice cannot be achieved.” new role, in 2015, the Mumbai police against innocent people living in that The need for reforms has never re- blocked several social media posts of area,” says Datta. ally attracted the attention of any gov- controversial cartoons which were fea- ernment, be it the centre or the state. tured in the French satirical magazine The other side “The problem is that we have never Charlie Hebdo. There was a huge out- “From my lifetime experience, I have looked at policing as a subject of study. cry over this move on the social media, seen that the police force is struggling Criminology is at a very nascent stage accusing the Mumbai police of violat- with politicians and bureaucrats, thus in India,” says Datta. “It is the people ing freedom of speech and expression. not leading to any structural reforms,” who will need to raise their voice,” In another case, the Bengaluru po- says Prakash Singh. This was one of the says Prakash Singh, adding, “What we lice in November last year launched a prime reasons which prompted him to have today are the ruler’s police. What unique remote FIR registration kiosk. file the PIL in 1996. But in the recent we need are the people’s police.” n With this, one need not go to a police past a more disturbing trend has crept station to file an FIR but simply step in. It is the role of private players and [email protected]

www.GovernanceNow.com 29 people politics policy performance

Targeting Disinvestment Disinvestment: An uphill task? The disinvestment process for this year was started on a positive note. But market volatility may hit government’s plans

ashish asthana Jasleen Kaur

here is a change in the business environment and there is also change in the market condi- T tions. The government has put in place certain process that will ease the way business is conducted and this should help in the disinvestment process, which is looking at a highly ambitious target. From the way business is usually done to getting timely approvals on the list of the companies to be divested, necessary changes have been put in place. But the volatility in the stock market has made the target challenging and daunting. The finance ministry set the target of raising `69,500 crore, the highest ever, through disinvestment in the current fiscal. Of this, `41,000 crore This year, however, the general ex- current fiscal, worked hard to change is to be raised through sale of minor- pectation is that the target could be at- the way business is usually done. In ity stakes in central public sector en- tained in the favourable stock market. May, the cabinet committee on econom- terprises (CPSEs) and the rest `28,500 But the ground situation looks differ- ic affairs (CCEA) headed by the prime crore through strategic sale of equity in ent. The first quarter of the financial minister approved the sale of public loss making CPSEs. year is over, and so far the government stakes in a number of PSUs. The depart- The government expedited the dis- has only divested five percent of its ment has approval from the cabinet to investment process and tried to bring stake in Rural Electrification Corpora- sell its 5 percent stake in companies like in the structural reforms and even en- tion (REC) and earned `1,610 crore. The ONGC, BHEL and NTPC, and 10 percent couraged the retail investment which sensex, which had crossed 30,000 in each in IOC, NALCO and NMDC Ltd. in return will help in the proper valu- March, slipped to 26,370.98 on June 10, Earlier there used to be annual ation of PSU stocks. The department the lowest since October 20, 2014. This action plans, under which selective of disinvestment (DoD) too called it an forced the government to put on hold stocks were identified and approvals ambitious and challenging task. its disinvestment plans, with no activity were sought one by one. A lot of time The target of disinvestment has of- seen in the last two months. was wasted in getting approvals. ten not been met. Unfavourable mar- While the government has huge Unlike previous years, when the dis- ket conditions and low valuations of plans to divest its stake in some of the investment target was usually pushed PSU stocks because of bad planning are big companies and also to sell off some to the end of the financial year, the de- some of the reasons attributed to this. of the loss-making PSUs this fiscal, there partment initiated the process in April The last fiscal, under the NDA are other reasons to believe that things with REC and was hopeful of spreading government, the outcome was no may turn out to be different this year. the entire process across the year. different. The disinvestment of Coal Also, every time a stock came up for India and SAIL was not enough to meet Changing the business dynamics sale, the market got to know about it the target. The DoD, before the beginning of the and ended up hammering down the

30 GovernanceNow | July 1-15, 2015 stock prices. The DoD was able to pro- The first quarter of the financial intended. But the basic issues still re- tect the value of Coal India (divested year is almost over and with such a main the same. I do not see major in January) stocks from being beaten huge target to achieve, the government changes happening in decision mak- down as the market did not get to know will have to act efficiently. The target ing process, it is still slow and there is that it was being divested. is still achievable if the government multiplicity of agencies. The enforce- While the NDA government did works in a structured and planned ment mechanism has been a weak a aim for too high, experts say, the tar- manner, he says. spot,” she points out. get is achievable in the booming econ- “The good thing is that the govern- But she points out that the current omy. They say the growth was ex- ment is looking at the entire gamut fiscal will be crucial for the government pected and the general mood was for of CPSEs and not just few companies. and it will be more accountable. “They disinvestment. But certainly more action is required could not attain the disinvestment tar- RS Sharma, former chairman and and they should be consistent in their get despite favourable market condi- managing director, ONGC says while approach.” tion, last fiscal. But this time they got the new government started with a lot However Reena Ramachandran, enough time to bring in the required of fanfare and commitments and they former chairman and managing dire- structural changes and clear hurdles.” promised to bring reforms, eventually tor at Hindustan Organic Chemicals, However, according to her the main everything slowed down. “If they keep says the government should not be too agenda behind disinvestment should looking for the best market scenario desperate to divest and it must look at not be just to meet the fiscal deficit. to divest its stake in the public sector companies, it will never come and they Strategic sale a good sign will end up losing the disinvestment How things are changing The centre has plans of strategic sale target they set for themselves.” of some of the loss making CPSEs and He says while the government start- giving up the management hold to a n Recently, Sebi allowed the ed on a positive note, the huge target private party. Eight loss-making Ashok companies to disclose plans of Offer it set for itself also looked feasible. But group hotels under the India Tourism for Sale (OFS) two banking days prior with slow progress till now, the target Development Corporation (ITDC), a to the share sale, instead of trading has become frustrating. “Its achiev- days, to reduce the gap between the CPSE, could be on the block soon. ability will now depend on the action disclosure of the OFS and the actual Currently, ITDC runs 16 hotels taken during the remaining fiscal.” share sale across the country and eight hotels The market volatility has impacted n Earlier there used to be annual likely to be sold include those at Jaipur, valuation in companies like ONGC. The action plans, under which selective Bhubaneswar, Puri, Jammu, Guwahati, nation’s largest oil and gas producer stocks were identified and approvals Ranchi, Puducherry and Mysuru. has been on the list of disinvestment were sought one by one. The CCEA, During the NDA rule between 1999 since the last fiscal. Sharma, howev- in May, approved the sale of stakes and 2004, Atal Bihari Vajpayee govern- er, says price is not an issue in case of in a number of PSUs ment had divested 18 ITDC hotels. It ONGC and the current market condi- n The disinvestment target was usually had brought down the number of state tion is favourable for divesting. pushed to the end of the fiscal, this run hotels from 34 to 16. The DoD has the pipeline ready but year the department initiated the Experts see the decision of complete- the volatile market condition is hold- process in April with REC ly giving up the management control in ing them back to go ahead with stake these properties as a positive sign. “The sale. Experts, however, believe that the government has no business of staying disinvestment must be carried out as a the best market opportunity to get the in most of the businesses. The decision reform required for greater economic best price. of aggressive strategic sale will send efficiency rather than just meeting the “Any good investor will look at an out positive signals,” says Haldea. expenditure needs of the government. appropriate condition to divest its Minister of heavy industries and Pranav Haldea, managing director stake. It would be too early to con- public enterprises Anant Geete has of Prime Database, which compiles clude for the rest of the fiscal. India is also said that the government is data on capital markets and related is- a growth story. The analysis by inter- contemplating sale of HMT Watches, sues, says whether the market is up or national agencies indicates India as a HMT Chinar and HMT Bearing among down, the government should not hold perspective area for investment.” others. In addition, it is also considering itself back from divesting its stake. He After any procedural changes – re- selling some of the unutilised says there can’t be 12 months of ideal fining the whole process, bringing in property owned by state-owned market conditions. “It started on a very new system and transparency – there pharma firms such as Hindustan positive note with REC divested in the is a gestation period to see how things Antibiotics, BCPL and IDPL in cities beginning of the financial year. But in actually take shape, she felt. “Essen- like Mumbai, Pune and Hyderabad. n the last two months we do not see any tially structural changes have been activity on this front.” brought in and they seem to be well [email protected]

www.GovernanceNow.com 31 people politics policy performance

Jaya’s New Turf

Jayalalithaa may go for mid-term elections after RK Nagar win

With her case going to supreme court AIADMK chief needs grand political victory

photos: shivani gaurav chaturvedi Shivani Gaurav Chaturvedi

K Nagar could be the first act in J Jayalalithaa’s script for success. With the Karnataka R government going to the supreme court challenging her acquittal by the high court, the Tamil Nadu chief minister may go for high stakes gamble and opt for mid-term poll in the state. Jayalalithaa’s new constituency is small and dominated by women voters. She is widely expected to win here and her supporters even hope for a big margin of victory. After that she may announce some more populist schemes, declare mid-term polls and hit the road again for campaign. (The result will be declared on June 30). It is the first time that Jayalalithaa is contesting from the city. So what are the reasons that made her contest Fishermen Selvaraj, Subramani, Gobi and Vinod hope that since this constituency is in from Chennai constituency? A factor limelight now things would improve. that may have weighed in her choice of RK Nagar constituency is that this assembly seat has remained an AIADMK she was out of power for eight months. Political commentator BR Haran stronghold since 2001 with PK Sekar For these reasons, RK Nagar assembly said, she could not have got a more Babu being elected MLA for two suc- seat became an ideal choice. This seat appropriate time than now to contest cessive terms before he crossed over to also has a considerable dalit vote bank, from an urban and that too Chennai the DMK. estimated to be about 15 percent of the city constituency thereby demolish- A Chennai-based political com- total electorate. ing the belief that she had always been mentators said RK Nagar is among the As such her campaign for the by- contesting and winning from a rural smaller constituencies in Chennai with election was just a formality. Tamil constituency. about 2.5 lakh voters, so the 67-year- Nadu’s political history is that only the He did feel that there is a possibility old leader whose health is indifferent ruling party wins the by-election. Jaya- of mid-term polls. She may announce a did not have to travel much for the lalithaa just wanted to show her pres- few more populist schemes and go for campaign. She would also want to con- ence by campaigning, said a city-based assembly polls. She was waiting for the centrate on administrative issues since observer. Karnataka government’s move with

32 GovernanceNow | July 1-15, 2015 Jaya shadow over Sun TV

re Sun TV problems due to TN chief targeted DMK’s hold on the multi-crore cable shares of Sun TV fell as much as 6 percent on A minister J Jayalalithaa? Kalanithi Maran’s TV business, announcing its nationalisation June 23. Sun TV group faces problems of existence. and the revival of the state-run Arasu Cable In order to continue the operations the It is felt that since Sun TV is the most TV Corporation to manage the industry, broadcasters need a security clearance every viewed Tamil television channel in the world, observers said. 10 years. But in Sun TV case the home ministry the consumers might get affected if Sun TV Chennai-based political commentator has been maintaining that Sun TV could not channels stop operating. Ministry of home Gnani Sankaran, however, said, “Even if be granted security clearance as its promoters affairs (MHA) has taken a stand over denial of the channels of the Sun group does not were facing serious charges in connection security clearance to 33 channels of the Sun air consumers won’t be affected. For every with several investigations. The ministry had group. channel there is an alternative channel. cited three reasons which include the Aircel- Chennai-based political analysts say that Consumers will get the same kind of opera.” Maxis deal corruption case, money laundering the development is going to further spoil In Chennai, the dominant players in case against Marans being probed by the DMK’s chances in state assembly elections the realm of cable TV include state-owned enforcement directorate, and a case related in 2016 as Marans are close relatives of DMK Arasu Cable TV, revived by chief minister J to operation of illegal telephone exchange. chief M Karunanidhi. Jayalalithaa when she came to power in 2011 While the home ministry maintains the Sources said, “It may be possible that the and Sun Network’s Sumangali Cable Vision stand of not granting security clearance, action in this case is to please Jayalalithaa (SCV). Local cable operators allege that the ministry of information and broadcasting as BJP needs support of the AIADMK in Rajya political patronage enjoyed by these two has (MIB) is in favour of granting security Sabha. And also, in Tamil Nadu BJP cannot ensured that local cable operators are largely clearance to Sun TV. The MIB had sought do anything on its own. It needs AIADMK’s at their mercy in revenue sharing. attorney general Mukul Rohatgi’s opinion on support.” According to the reports, after prime the the MHA denial. Rohatgi said the denial of A few observers recalled the days when minister’s office (PMO) found more merit clearance to Sun TV is illegal. Though the A-G’s Jayalalithaa assumed office as Tamil Nadu in MHA argument over denial of security opinion is not binding on the government, it is chief minister for the third time. She then clearance to 33 channels of the Sun group, generally accepted, said the reports.

regards to the disproportionate assets area is back to its dirty condition,” add- case. Now that the Karnataka govern- ed Muniammal. ment has moved the supreme court Women in the locality have become against her acquittal by the high court disenchanted with their Amma’s par- in the assets case, she may opt for the ty as the living conditions and quality mid-term poll. “She will create a sort of of life of the residents has hardly im- sympathy wave again and utilise it for proved over the years. Incidentally, RK the mid-term poll. It is likely that she Nagar has more women voters. may sweep the 2016 assembly polls,” Forty-two-year-old Amzad, tea-stall Haran felt. owner in Tondiarpet locality com- Meanwhile, RK Nagar waits for plained of traffic congestion every Amma to deliver some decent roads day. He, however, expressed hope that while she prepares to become MLA things would improve in another one again. year. The assembly constituency in north “Bad roads, non-functional street Chennai, RK Nagar, which is Jayala- lights and sewage problem would be lithaa’s new seat has attained high addressed in our locality since this is profile but is in a sorry state. Largely Amma’s seat,” said fifty-year-old Sarva- inhabited by the fisherfolk and eco- nan who runs fishing equipment and nomically weaker sections, the area accessories shop in Royapuram locality. has not seen development over the Kasimedu fishing harbour is crying years. for attention and fishermen Selvaraj, Governance Now spoke to a few Muniammal, a resident of CG Colony, Subramani, Gobi and Vinod hope that residents in the area on June 22, the complained of dirty drinking water. since this constituency is in limelight day when Jayalalithaa campaigned for things would improve. “The harbour RK Nagar by-elections, and many said locality, complained of dirty drinking does not have proper mechanism to that nothing has changed since the water. “Our demand for clean water remove garbage. That is why there is last assembly elections in 2011. Now for cooking and drinking purpose has garbage everywhere. We expect that with Amma tag, a few are hoping for not been met since so many years,” she harbour would get proper attention a transformation in the constituency, said. “When Amma (as Jayalalithaa now”, said Muthumanikam, who is while many remain doubtful. is popularly known in Tamil Nadu) working at this harbour for 13 years. n Forty-five-year-old Muniammal, comes for campaign the streets be- a resident of CG Colony in Kasimedu come clean but the very next day the [email protected]

www.GovernanceNow.com 33 Interview Lalitha Kumaramangalam, national commission for women “Even educated women don’t know their rights”

The national commission for women think being very optimistic. Some- (NCW) aims to be more proactive. It times it is on the bottom of their list. is seeking more powers. However, You are talking of more powers but the demands for punitive powers to the law ministry has red-flagged arrest and imposition of penalty have a proposal to provide powers to been opposed by the law ministry. arrest and penalise those guilty The chairperson of NCW Lalitha of harassing women and ignoring Kumaramangalam shares her views NCW’s summons. with Sweta Ranjan on these and The law ministry said we shouldn’t other issues. have the power to arrest, which is fine. What we have asked now is that if we recommend that an arrest has You have been in the commission to be made then it has to be done. for sometime now. What is your Do you think NCW needs the power perception about its role? to arrest? I think that the commission’s powers It’s a very subjective thing. But I think are limited. Though we have a lot of prevention is better than cure, espe- women are not just widows. In India face value, we can only make some cially in violence against women. We a woman’s entire identity is linked to noises as our hands are tied up on get about 240 to 250 complaints every a man. If she is a widow it means her many issues. We are allowed to take day. Women don’t even know they husband is dead. If she is a divorcee it suo moto cognizance which means have rights. The average woman is means she is separated from her hus- even if the case is not brought by the not educated enough. Even educated band. Does a woman have an identity complainant herself and somebody women don’t know their rights and of her own? else has brought it, or it has been re- even if they know, they don’t want to The definition of single has to ac- ported by press or someone calls me use them because of the lack of social cept the fact that women are individ- or sends me an SMS, we take suo moto inclusiveness. uals. In Manipur we did a research cognizance. However, we can only NCW has also raised the issues faced on problems of single mothers. Many talk to the police or demand an ac- by single mothers? What exactly are women are not married but have tion, nothing more. I have written to your concerns? children because they have been people and those who respect the sys- The old-fashioned, patriarchal atti- raped. They are also humans. They tem send us replies. However, many tude of our society towards girls does should also be brought under the am- don’t bother because for most wom- not give any importance to a single bit of single mothers. en’s problems are not important. woman until she is economically well We have seen a number of cases It’s secondary… off. First of all, the definition of a sin- of harassment of women at the Not even secondary. Secondary is I gle mother has to be defined. Single workplace. How difficult is it to

34 GovernanceNow | July 1-15, 2015 sex workers the health conditions of not only the women, but also of their clients were improved. The HIV/AIDS cases dropped drastically. Sex workers’ children are unable to get out of that quicksand even though 99 percent of sex workers don’t want their children to follow them. But their children don’t have the rights. They can’t go to a school and say that they are the children of sex workers. There is a stigma against them. They don’t have any right under the law, which is unfair. So, you mean to say legalising prostitution will will help improve conditions of sex workers? It will definitely improve the working conditions of the sex workers. And very importantly, their children will have a choice. If a woman wants to get out of her situation she can. If she doesn’t then you can’t blame her. One should not find faults with her if she makes certain amount of money. You have also voiced concerns about the need for flexible working hours for women. What is the update? We have started talking about this in meetings with industrial bodies like CII, FICCI, and the export council. I have started saying that they should look at flexible working hours. Any response from corporates? Arun kumar No, but we are working on it. We handle such cases? need to have a complete package to It’s very difficult. Despite the rules, a “We get about 240 to 250 be able to offer them with complete lot of companies do not have a com- complaints every day. figures and statistics. It will take an- plaint committee for sexual harass- Women don’t even know other six months to a year again. ment. The committees are supposed There has been a lot of image issues to have external members but most they have rights. The of the commission because of stress of them don’t follow it. Often the cas- average woman is not on more high-profile cases recently. es are hushed up. In these cases it is What is your position? best to have a paper trail; a written educated enough. Even I feel it’s very unfortunate because complaint has to be given. Overall, I educated women don’t the NCW was set up with the inten- am finding it easier to deal with the tion of providing relief to women who government undertakings than the know their rights and are traumatised or troubled, who are private sector undertakings. even if they know they not able to find justice anywhere else. You have advocated legalising sex don’t want to use them Along the way somewhere I think it work. Will it improve the condition of got skewed. I think the NCW should women? because of lack of social be more about trying to guide policy I have worked for HIV AIDS pre- inclusiveness.” matters regarding women. n vention since 1991. We found that where we are able to organise the [email protected]

www.GovernanceNow.com 35 people politics policy performance

Fighting Corruption

Blowing away the corruption

The law to protect whistleblowers already had many holes. Now amendments have been proposed that can further dilute it

36 GovernanceNow | July 1-15, 2015 ashish asthana “The Whistleblowers Protection Act is a good start, but without the proposed amendments. They’re vague. Anything can be interpreted as harmful to the nation’s sovereignty. Some of the biggest scams have been in defence procurement, for example.”

Anjali Mullatti, cofounder of the Manjunath Shanmugam Trust

honest officer notices the wrongdo- always be shrouded in mystery. ing, he or she has a choice: either ig- Shanmugam Manjunath, an Indian nore it, or raise an alarm. Becoming Oil Corporation Ltd (IOCL) officer, was a whistleblower, however, is fraught murdered in 2005 for sealing a petrol with danger. The officer is likely to be station in Lakhimpur Kheri, UP, that victimised by vested interests. The of- was selling adulterated fuel. He was ficer, working as part of the ‘system’, just 28. What had disturbed him even gets all protection; but is reduced to a more was the realisation that the pet- lone warrior as soon as he voices his rol was mixed with kerosene meant for concerns on corrupt practices. the poor. The ‘unnatural’ death of Karnataka In all these cases three things were cadre IAS officer DK Ravi in March common. One, all three officers came once again highlighted the need for from humble backgrounds and had an effective whistleblower protection joined the most coveted services of mechanism. the country through sheer hard work. The 2009 batch IAS officer was Two, they all refused to buckle down found dead on March 16 at his home in under pressure from organised mafia Bengaluru. Ravi was known for taking and racketeers, and stood up against on the powerful mining mafia in Kar- corruption. The third similarity, and nataka. The state government rejected the most unfortunate one, was that all any hint of foul play in his death, clear- three died at a young age under myste- ly stating it as a suicide due to personal rious circumstances. reasons. Later, it buckled under de- In the case of Manjunath, it took al- mands for a CBI inquiry into his death. most a decade for the perpetrators to Whether there was any foul play is yet be punished, but those in higher po- to be established. sitions who let this happened went Equally ambiguous was the death of scot-free. Shishir Tripathi Indian engineering service (IES) officer The killings of a host of honest pub- Satyendra Dubey. Before he was killed lic officials led to the passing of the in 2003, Dubey had written a letter to Whistleblowers Protection Act, 2011, the prime minister exposing huge cor- which provides a mechanism to inves- ruption in the golden quadrilateral cor- tigate alleged corruption and misuse overnance is 5 percent ridor project. According to CBI, which of power by public servants and also policy and 95 percent im- investigated the case, Dubey was killed to protect anyone who exposes alleged plementation,” former in an alleged robbery which he tried to wrongdoing in government bodies, cabinet secretary TSR Sub- resist. Whether his murder was linked projects and offices. ramanian writes in his to his whistleblowing act could never The bill was passed by the Lok Sab- Gbook, The Road to Good Governance. be established officially, though it is ha in December 2011 and the Rajya He would know, for he has been among widely believed that the letter to the Sabha in February 2014. It received the most experienced administrators. PMO was leaked and had become the the president’s assent on May 9, 2014. It is in the course of implementa- trigger for his killing at the hands of But the government is yet to notify it tion, then, that most troubles arise. the road contractor mafia in Bihar and because it has failed to frame the rules Corruption, for an example. When an Jharkhand. His death, it seems, will necessary for its implementation. A

www.GovernanceNow.com 37 people politics policy performance

Fighting Corruption

host of amendments was moved by the previous government while its imple- Shortcomings in the Act mentation was awaited, which further reflects the lackadaisical attitude of n The Act does not permit a whistleblower to n There is no time limit for the competent governments in providing safeguards complain about acts of corruption, wilful authorities identified in the Whistleblow- to honest public officials. abuse of power or wilful misuse of discre- ers Act to complete inquiries into whis- tion or offences committed by the prime tleblower complaints. This is left to the Anjali Mullatti, co-founder of the minister or a chief minister. respective governments to stipulate in Manjunath Shanmugam Trust which n Lokpal and lokayuktas will have no role the rules using their rule-making power. fought the case for over nine years in the scheme of the Whistleblowers Act. This may lead to endless delays and pen- after Manjunath was shot dead in No- n The law does not recognise whistleblow- dency of complaints with the competent vember 2005, says, “Certainly a lot of ing against human rights violations and authorities. such officers come from the public sec- unlawful acts affecting environment, n The Act, however, does not include a def- tor or government entities – which just public health and safety as valid. inition of ‘victimisation’ of the whistle- do not take care of their own people. n The Act does not specify a procedure for blower despite the parliamentary com- Manjunath was an IOCL employee; inquiring into complaints on acts of cor- mittee recommending one. murdered by an IOCL dealer; for mal- ruption, wilful abuse of power or wilful n The Act does not contain any mechanism practice in IOCL distribution. Who misuse of discretion or offences commit- for protecting RTI users who turn whistle- should have been the champion? IOCL. ted by members of the lower judiciary blowers despite the parliamentary com- They have been criminally lax and because the inquiry procedure that other mittee’s recommendation that such a negligent.” competent authorities will adopt under mechanism be included in the law. She adds, “When we travelled from Chapter III of the Act is not suitable for n The Act does not protect persons who Mysore to Lakhimpur Kheri – where the lower judiciary. volunteer to give additional information the trial was to start, we found that n Many states have not established the in- related to a whistleblower complaint that IOCL which had a legal team in Luc- stitution of lokayukta or state vigilance is under inquiry. know, 150 km from Kheri, had not even commission. Where such bodies do not n The Act does not cover the private sec- visited the lawyer they had appointed exist, the law permits the state govern- tor despite the second administrative ment to designate any authority to in- reforms commission recommending its – in February 2006, three months after quire into complaints of wrongdoing and inclusion in a comprehensive whistle- the murder.” protect the whistleblower. This is an un- blower protection law. One of the proposed amendments satisfactory arrangement because these n The Act does not permit a whistleblower bodies are likely to be government-con- to publicise the allegations of wrongdo- trolled and their effectiveness in inquiring and related facts through the media ing into complaints and protecting whis- when authorities fail to take adequate tleblowers may be compromised. action on a complaint.

takes away the right of any public ser- Venkatesh Nayak, from the Com- “The ‘national security’ vant, person or NGO (henceforth ‘any monwealth Human Rights Initiative, person’) to make a public interest dis- in his thorough analysis of the amend- related grounds are closure (that is, a whistleblower comments and its implications states, “The so broad that a public plaint) about corruption, wilful misuse ‘national security’ related grounds are of power or wilful abuse of discretion so broad that a public authority may authority may connect any or criminal offences committed in a connect any whistleblower complaint whistleblower complaint to public authority if it will prejudice the to these interests and prevent compe- country’s sovereignty and integrity and tent authorities like the CVC (central these interests and prevent the security, defence, scientific, eco- vigilance commission) from inquir- competent authorities like nomic or strategic interests of the state. ing into it. These grounds are copied the CVC (central vigilance Commenting on the proposed from the RTI Act which is itself under amendments Mullatti says, “The Whis- threat of dilution. As the proposed commission) from inquiring tleblowers Protection Act is a good amendments do not contain any oth- into it.” start, but without the proposed amend- er mechanism for inquiring into comments. They’re vague, anything can be plaints belonging to this category, it ap- Venkatesh Nayak, interpreted as harmful to the nation’s pears that the government is willing to Coordinator, Right to Information Programme, Commonwealth Human Rights Initiative sovereignty. Some of the biggest scams throw them all into the dustbin. This have been in defence procurement, for is a blatant negation of the twin prin- example.” ciples of ‘rule of law’ and accountable

38 GovernanceNow | July 1-15, 2015 Proposed amendments and likely impact

The Lok Sabha on May 13 passed a bill certificate is to be treated as binding and discretion without fear of prosecution un- to amend the Whistleblowers Protection conclusive, the competent authority will der the Official Secrets Act, 1923 (OSA). Act, even as the opposition objected and have to proceed without access to these The proposed amendments seek to drop walked out. (A day later, the supreme court restricted records or drop the inquiry into the reference to OSA from this clause. also criticised an amendment, observing the whistleblower complaint altogeth- This will effectively discourage any bu- that a whistleblower cannot be punished er. Thus the proposed amendments em- reaucrat from coming forward to make for divulging confidential documents if he power the government to frustrate inquiry a public interest disclosure even about has acted in public interest). The bill, how- into a whistleblower’s complaint at every wrongdoings that have nothing to do with ever, is likely to face resistance in the Rajya stage on grounds of ‘national security’. national security. The potential for victim- Sabha. The amendments, critics say, further n According to the Whistleblowers Act, the ising a whistleblower is built into this pro- dilutes the law and makes the whistleblow- prime minister is the ‘competent author- vision even though the whistleblowers er vulnerable. ity’ to launch an inquiry into a whistle- Act’s stated aim is to prevent such victi- Here are some of the salient points in blower complaint against his/her min- misation of persons who speak the truth. amendments, analysed by Venkatesh Nay- isters. Similarly, chief ministers are the This amendment trashes the principle of ak of CHRI: ‘competent authorities’ in states to in- ‘safe option to silence’ which should un- quire into whistleblower complaints derpin all whistleblower protection laws. n The ‘national security’ related grounds against their ministers. The procedure n If the restriction related to cabinet papers are so broad that a public authority may for inquiry described in the Whistleblow- is approved by parliament, a potential connect any whistleblower complaint to ers Act is common to all competent au- whistleblower has no option but to obtain these interests and prevent a competent thorities. If the new amendments are ap- copies of these records by making a re- authority like the CVC from inquiring into proved by parliament, the PM and the quest under the RTI Act if he/she wants to it. These grounds are copied from the RTI CMs will have to seek clearance from the attach them as evidence of his/her com- Act which is itself under threat of dilu- designated authority of the department/ plaint. No other whistleblower protection tion. As the proposed amendments do organisation before inquiring into whis- law in the world contains such a restric- not contain any other mechanism for in- tleblower complaints related to nation- tive provision. quiring into complaints belonging to this al security. So even an under-secretary n If the ‘national security’ ground for pro- category, it appears that the government grade officer, if appointed as the desig- hibiting inquiry by competent authorities is willing to throw them all into the dust- nated authority, can, in theory, prevent is approved by parliament, they are like- bin. This is a blatant negation of the twin the PM or the CM from ordering an inquiry ly to send every complaint to the desig- principles of ‘rule of law’ and account- into a whistleblower complaint if he/she nated authority in the concerned depart- able governance that underpin our con- certifies that the matter relates to ‘nation- ment/organisation for vetting in order stitutional democracy. al security’. This is the ridiculous implica- to play safe. As the amendments do not n The designated authority is empowered tion of the amendments. prescribe any time limit for issuing clear- to certify that any information that a com- n Clause 4 of the Whistleblowers Act per- ances, whistleblower complaints may petent authority may call for or summon mitted a bureaucrat to make a public in- gather dust on the designated officers’ during the course of an inquiry relates terest disclosure about corruption, wil- desks instead of being inquired into in all to ‘national security’ grounds. As this ful misuse of power or wilful abuse of earnestness. governance that underpin our consti- Chittoor on April 7. If one of the mem- former Ranbaxy executive Dinesh tutional democracy.” (For full content bers of the special task force that killed Thakur, went on to receive several of the amendments and their probable these men wants to bring out the truth, awards and `244 crore for blowing impact see box 1). he cannot do so as it is [a case of] hu- the lid off the corruption at the phar- Apart from the proposed amend- man rights violation.” (For details of maceutical giant. Pleading guilty to all ments which are meant to dilute the other features of the Act that dilute its seven felony charges by the US Food law, there are flaws in the Act itself basic purpose see box 2). and Drug Administration Ranbaxy which does not follow international In the last few years, whistleblow- had to cough up a $500-million fine in standards. For example, it does not rec- ing has become an accepted way of June 2013. ognise whistleblowing against human exposing malpractices in public af- While such fines and rewards are at rights violations and unlawful acts affairs, across the world. While no some distance in India, a strong mech- fecting the environment, public health such discussion can take place with- anism to protect whistleblowers is the and safety. This remains a major flaw, out the mention of Edward Snowden, least that we can hope to achieve in the despite a strong demand by the civil the American computer professional near future. n society for their inclusion. Nayak says, who leaked classified National Secu- “Take the killing of 20 tribal men in rity Agency information to the media, [email protected]

www.GovernanceNow.com 39 people politics policy performance

Human Rights

years were not allowed to work. Sensing trouble, the stall’s owner said that both the boys belonged to his village. “They are in safe hands.” Sights like these are common in cities where children are often seen working at food and tea stalls at a time when they should be in schools. A month later in May, the child labour landscape changed completely. The cabinet approved amendments to the child labour (prohibition and regulation) amendment bill, 2012, and thus proposed to allow children below 14 years to work in non-hazardous family enterprises after school hours. This amendment, to the child labour (prohibition and regulation) Act, 1986, comes from the belief that total prohibition on the employment of child is difficult because of socio-economic conditions. Once passed by parliament, children working in the unorganised sector will no longer have to hide their age. Although the amendment proposes strict punishment for employers violat- ing the law, the move has angered child rights activists who say the exemp- End of tion would open the doors for employ- Arun Kumar ing children in various industries and would also slow down the progress of eradicating child labour. They demand a complete ban on child labour without childhood? any exemption. Calling the amendment regressive The move to legalise child labour within family and unconstitutional, Kiran Bhatty, a enterprises after school hours has not gone well with senior fellow at the Centre for Policy Re- search (CPR), says it will lead to formal- child rights activists as the exemption would slow ising child labour in the country and will down the progress of eradicating the menace violate all international treaties. The globally accepted age limit for a child is 18 years with no question of exemption. Jasleen Kaur replied, “It is vacation time, and their “By bringing this exemption – that parents have sent them to work.” But children can work with parents after schools are still open, I said. The owner school hours – the government has fur- ignored my words. ther increased the scope of the law’s n mid April, as on most evenings, Sipping tea, we casually asked the misuse. How would the family enter- we went out to have snacks at boys how old they were. They imme- prise be defined and who will moni- a roadside eatery in Film City, diately replied, “14 years”. The reply tor it?” she asks. Moreover, it is hard Noida, after office hours. At one came a fraction of a second too quick, to prove the age of a child and this way food cart, the owner was setting as if they anticipated it. They definitely the government is diluting the law as is Iup the stall with the help of two young looked much younger. done in case of the juvenile justice Act. boys. The boys immediately grabbed One of the customers at the stall re- “If children were working despite our attention as they were new. marked that even if you ask them ten the complete ban on child labour, there As they prepared to start their times they will give the same reply. should be more checks on it and the day at work, we asked them whether Perhaps, they were taught that way, government should have given support they go to school. To which the owner knowing the fact that those below 14 to such children. As state, it is their duty

40 GovernanceNow | July 1-15, 2015 to improve their life, let them grow and educate. Just because you are not able What the new law says to do so you decide to bring a law to make their lives harder,” Bhatty adds. 1. Children below 14 years are prohibited to work except the conditions as below: n Mahaveer Jain, a child rights activ- If the child helps his family or family enterprises, in any non-hazardous occupations, after ist and a former senior fellow at VV his school hours or during vacations; n If the child works as an artist in an audio-visual entertainment industry, including Giri National Labour Institute, says advertisement, films, television serials or any such other entertainment or sports activities that by giving legal sanctity to home- except the circus, but it should not affect the school education of the child. based work the government has made 2. Stricter punishment for employers for violation of the Act. it easier for the employer to exploit n In case of first offence of employing any child, the employer would be penalised with an children. Children are preferred over imprisonment of not less than six months, which may be extended to two years. Or with adult workers in unorganised sectors fine not less than` 20,000, which may be extended to `50,000 or with both. because they are low-paid, and would n However, for parents, there would be no punishment in case of a first offence and in case never refuse to work even if it is unsafe. of a subsequent offence, the penalty would be a fine which may extend to` 10,000. He says the social message behind 3. A new definition of adolescent has been introduced in the Act and employment of the amendment is that the focus of adolescents (14 to 18 years of age) has been prohibited in hazardous industry. children belonging to economically poor families should be to get trained for work and not educated. While the scope to bring them out through raids. violate the Right to Education Act and government says children should not But, she adds, the amendment will will push millions of children to ex- be employed in hazardous work, he force many more children into labour. ploitative employment. Some fear the adds, working in cramped and poorly “It’s a known fact that many chil- changes could be misused to deny edu- lit places is bound to be hazardous. dren work at home, but you do not cation to girls, whose school dropout “The amendment will bring chal- have to put it into the law. Who will rate is much higher than that of boys. lenges along with it. The most chal- be responsible to check whether these Bhatty says enrollment may not lenging task would be to prove that the children are from the same family or come down on paper but there will be child is not from the same family or they are trafficked?” she asks. more dropouts or fewer children will the employer is not the legal guardian. “Instead of banning all kinds of attend classes. “The government is say- Since the last three decades we have child labour the government has even ing that if poor children work, it is ac- been fighting against domestic work removed the conditionality. It has re- ceptable. By bringing this amendment (any form of work which is organised duced the number of hazardous indus- we are ensuring that they never come or performed at home) involving chil- tries where children between 14 and out of poverty. Instead of enabling the dren. And now the amendment is legit- 18 years can work. This will be more child to attend school and get educated, imatising working of children.” exploitative than ever,” she adds. as a state we are endorsing child labour He says because of strong interven- and legitimising it,” she adds. tions by states like Andhra Pradesh and Threat to RTE Act It is going to be a huge challenge to Tamil Nadu, magnitude of child labour Experts say that the amendments will the RTE Act, which has played an im- has come down in the last few years. portant role in increasing enrollment But with the proposed amendment the of children in schools, says Ali. government is giving free licence to the “Even the parliamentary standing employer. “If the government would committee had said in its report in 2012 have fulfilled the free and compulsory that this (amendment in the Act) will education for all, there would not have challenge the RTE Act. Who will moni- been any need for amending the child tor and how will it be monitored if chil- labour law,” he feels. dren are working after school hours or “It is an absurd logic that by employ- during school hours? The enrollment is ing a child they are helping him. It will “By bringing this exemption bound to come down,” says Ali. just benefit the employer because for – that children can work While the civil society has already the same work, an adult would be paid with parents after school started protesting against the pro- much more than the child,” he explains. posed amendment and is even meet- Bharti Ali, co-director of NGO HAQ hours – the government has ing various members of parliament which works for child rights and a further increased the scope to protest, their biggest fear is that member of the central advisory board for the government, which has an on child labour under the labour min- of the law’s misuse.” absolute majority, it won’t be diffi- istry, says the conditionality and the si- Kiran Bhatty, senior fellow, CPR cult to get it passed in parliament. n lence on the fact that children working below 14 years meant that there was a [email protected]

www.GovernanceNow.com 41 Arun kumar

Bhaskar Chatterjee, DG, Indian Interview institute of corporate affairs “The doing of good is in itself an incentive”

Bhaskar Chatterjee, director general to set an example it is better that gov- get bang for the buck, their innova- and CEO of IICA (a think tank of min- ernment companies set the bench- tion, their efficiency, that is what we istry of corporate affairs), is a retired marks. When we started extending wanted to harness. The government’s IAS officer. His current role is the log- the guidelines to the private sector approach was to create an enabling ical followup to the last post he held, then it was not enough. That’s how atmosphere. India being far down on as secretary of the department of the drafting of that legislation began. the development scale, we thought public enterprises (DPE). He spoke to At that time, the reaction of some of we could accelerate the pace of that Sweta Ranjan about his role in draft- the bigger corporate houses, which development if the private sector ing the new Companies Act, which in- had been doing good work in CSR, chipped in. It must also be said that troduced the concept of mandatory was, ‘We have been doing it for a long the number (less than 10 percent) of CSR, among other issues. time, why is it necessary to mandate companies actually doing CSR over it?’ Many also saw it just as a 2 per- many years in a structured, forma- You played a key role in drafting CSR cent tax. They said if the government tive approach was very small. The provisions. How did companies react wants our money, it should tax it and others have gradually been brought to this initially? take it. into the ambit of what we were try- That was a different time, because We wanted the corporate sector ing to do, and now the situation has we started CSR primarily for the pub- to undertake CSR activities so that turned around. lic sector in the guidelines of April they could contribute to the devel- What were the challenges in its 2010. I was then the secretary for opment agenda of the nation. To be implementation? In India changing the DPE. It was our belief that char- able to harness their special energies, the mindset is the toughest task. ity should begin at home. If you want their special skills, their ability to Yes, that was the toughest part. I

42 GovernanceNow | July 1-15, 2015 don’t know if we have changed it yet. will work. There is also a big broth- What do you propose? Should it die The attitude is to create that climate. er monitoring all of this at a differ- or be carried forward? For that you need a lot of people to ent level. If you want to understand My own proposal was that it should come on board. You need the govern- things, like how many companies die in the year. It should not get car- ment, you need legislators and you did what and in which area, then ried over to the next year as per the need leaders in the private sector. the government has recently set up current law. But many accountants Do you think companies may not a committee to look at how monitor- differ with that. The guidelines for have welcomed the CSR provisions ing can be done. We are awaiting its the public sector, however, said that wholeheartedly? recommendations. it must be carried over to the next I don’t have that doubt. I believe all Would companies be liable to pay year. Whatever shortfall you have private sector companies know that penalty for non-compliance? you must make up for it in the follow- this is what they would or they should At this stage, there is absolutely ing year. That did not become part of do. There is also this feeling that now no contemplation of any special the legislation. that there is a law, let’s do it, let’s wel- penalties. Does it not become contradictory? come it rather than resisting it. Companies have been asking for a If it’s voluntary, what’s the need to Do you now see it as a game tax incentive. monitor and audit it? Will it not kill changer? Why do you need an incentive to do the spirit of the provision? Yes, I see it as a huge game changer. good? The doing of good is in itself an I would use the word ‘kindle’ rather It’s changing the way corporate India incentive. than ‘kill’. It kindles the spirit. Far looks at itself, at the nation, the un- The CSR guidelines for PSUs were from being contradictory, it is pro- derprivileged, the marginalised and laid down in 2010, but their perfor- motional. If you spend 0.2 percent the underserved. They are looking at mance was not up to the mark. What instead of 2 percent, you will be ac- the new inclusive development agen- were the reasons? counted for and audited to the ex- da in a very different way. I don’t know if your estimation of tent of only 0.2 percent. That’s your Has it become more effective since it public sector not having done too choice, your board’s choice. If you do has been made mandatory? Even if in the first year it took a “We wanted the corporate sector to undertake while for the legislation to sink in, we are hoping that it will be more CSR activities so that they could contribute to the effective [in the following years]. development agenda of the nation. To be able to People needed a little time to get off the block. After all, it was, as I said, harness their special energies, their special skills, a game changer. Reality bites, then their ability to get bang for the buck, their innovation, people take a little time to work out their strategies; what should they their efficiency, that is what we wanted to harness.” do, there are accounting issues, there are compliance issues, there are understanding issues and so well is true. I am not saying they did your 2 percent well, then isn’t it an you begin to ask a lot of questions an excellent job but the public sec- incredible feeling? One is the compli- before you begin to work on your tor has done some exceptional work. ance part. But, far more importantly, strategies. Much of that haze has Coal India, NTPC and Indian Oil have the question is what have you con- cleared now. While 2014-15 was the set very good examples. Although, tributed at the end of the day. year when people were acclimatis- not all of them may have spent the The CSR policy is generally imple- ing themselves, 2015-16 is a traction necessary percentage so far. mented through NGOs. Do you think time. What are the key features of the NGOs in India have the capacity? So, in the first year the rate of audit guidelines? There are 33,00,000 registered NGOs compliance has not been too good? The idea is to try and see in the finan- in India. Figures do not matter as you We would get to know but let’s not be cial statement where we will put it. only need a number of good NGOs to judgmental now. It’s just been a year. We have developed a methodology, deliver these programmes. There is a need for a robust moni- which we will share with company How will the right NGOs be picked? toring mechanism. How will this be secretaries. The second big issue is We (IICA) provide due diligence to achieved? still unsettled. Although the ICAI (In- the companies by classifying NGOs. At this point there are two levels stitute of Chartered Accountants of We only say they are sanitised, this is of monitoring. One, the corporate India) had given its recommenda- their track record, this is where they house undertaking a CSR project tions that if a company spends only are, now you decide which one you monitors its activity and makes sure 1.5 percent of the 2 percent it can car- would like to choose. n that it works well. We still believe ry the rest to the next year. The guid- that the first level of monitoring ance note will answer such queries. [email protected]

www.GovernanceNow.com 43 Understanding the Indian farmer

Sopan Joshi driver, it was possible to see patches The media turns of cracked soil in the backdrop. He sneaked out, shot a photo, returned to to him only when his seat in the cab, and announced that he now had a photo to go with a Punjab he does some- he story goes like this: A drought story. bunch of news photogra- It is difficult to verify this story; per- thing TRP-wor- phers had pooled resources haps it is just one of those yarns spun and hired a taxi for an as- out in a press club. Nevertheless, it thy, like commit- signment in rural West Ben- tells a bigger truth about how farmers gal.T The taxi driver – a sardar – pulled and agriculture are understood and ting suicide over in a deserted stretch, got out of depicted. The image of a desperate, the taxi, and squatted to urinate. One dhoti-clad farmer squatting helplessly of the photographers noticed that from on dry, cracked soil is used repeatedly a certain angle behind the squatting in the press during the summer, when

44 GovernanceNow | July 1-15, 2015 GN photo people politics policy performance Field Notes

drought hits some part or the other into slang matches. There was little remarkable increases in yield, of na- of the country. This has become a ste- examination in the media of the assets tionalist scientists of the Indian Coun- reotype of a farmer. Who is a farmer? created by the scheme. How about ask- cil for Agriculture Research (ICAR) One who sits in cracked earth during a ing: did the assets help the village econ- developing high-yielding varieties, of drought. omy and ecology? Will those assets villagers increasing their incomes by TV news has the opportunity to go help farmers cope with the vagaries applying technological inputs subsi- beyond this cliché, to show moving of climate change and the increasingly dised by the government. Doordar- images of farmers and agriculture; to unpredictable pattern of the monsoon? shan’s national channel used to run an provide a real glimpse of India’s most The norm for reporting on farmers unwatchably boring daily programme widespread occupation. With moving was actually set much earlier. Newly called ‘Krishi Darshan’, which gave a images, it is possible to bring alive a independent India faced food scarci- TV version of the same material in a distant world, for urban people to un- ty and wars with Pakistan and China. dull, sarkari lingo. derstand rural people and agriculture. Farmers were required to feed the na- By the 1980s, India had a food sur- Reporting, though, has long gone out tion, as also provide their sons to fight plus. The days of scarcity were gone; of fashion on TV news in India. It is a for the country. Be it in films or in the government godowns were full. In the risk our news channels are not willing popular press, farmers were described 1990s, the media’s attitude towards to take. There is little reported content in a teary-eyed idiom, in terminol- farmers changed. This was also a time from the cities, much less from the vil- ogy of sacrifice and nation-building, when India’s economy changed dra- lages. In these times of cost-cutting in borrowed from the freedom struggle. matically from government control newsrooms, TV channels and their star to market control. The national focus anchors prefer to stage nightly prime- The norm for reporting changed from necessities – food secu- time slugfests, in which they moralise rity, border security – to consumption, and condemn the political class for on farmers was actually manufacturing and services. lacking concern for the poor farmer. set much earlier. Newly The country needed trained work- Another trope is the journalistic ers and service-sector talent. Farmers power to ask questions. How about independent India faced came to be viewed with dry eyes now. journalists asking some questions of food scarcity and wars As stubborn rural people, unwilling themselves? Like why they remember to transform into English-speaking farmers – well more than half the coun- with Pakistan and China. service-sector individuals, who could try still engages in agriculture in some Farmers were required serve either the foreign markets (BPOs, way or another – only when there is a export, etc.) or serve the English-speak- crisis? When there is a violent reaction to feed the nation, as also ing elite that was becoming rich from to land acquisition, or another TRP- provide their sons to fight the opportunities created by economic worthy crisis materialises, farmers reforms. An elite that benchmarked it- suddenly appear on TV! The awkward for the country. self against Europe and America. manner of questioning makes it obvi- Government support to agriculture ous in an instant that the journalist in- declined steadily as the scramble for terviewing them has never had a real land began – for industry, for urbanisa- conversation with a farmer. S/he has Think ‘Jai Jawan, Jai Kisan’. In the tion, for mining, even for the conserva- no clue what will be good questions to Bombay film world, villains were mon- tion of forest and wildlife. The growth ask a farmer. eylenders who exploited farmers, and in agricultural production began to India’s press and media habitually the protagonists were Manoj Kumar plateau. Policy entrepreneurs began respond to cues from the government variants, willing to trade away their describing the need to get people out of on agriculture, not bothering to find ploughs for guns to protect the national farming, because technology had made things out on their own. In 2004, after border. it possible to grow more food with few- the UPA came to power on a ‘Congress This nationalist energy played a er people. This is inevitable, we were Ka Haath Aam Aadmi Ke Saath’ slogan big role in implementing the dramat- told. A new class of planning terms – in the face of the NDA government’s ic technological changes of the 1960s: gained currency: ‘non-farm rural em- ‘India Shining’ campaign – the me- the Green Revolution. This is when ployment’, ‘urbanisation’, ‘migration’, dia suddenly discovered agrarian dis- the idea of the risk-taking, progressive ‘land acquisition’, ‘diversification’. The tress. Farmer suicide stories became farmer took root. For the first time, great development challenge now was fashionable. newspapers started assigning report- to get people out of farming. Similarly, reports on the UPA’s em- ers to agriculture. It had become a le- Yet India’s manufacturing sector ployment guarantee scheme were gitimate beat. refuses to grow like its services sector mostly about either the money deliv- A new genre emerged in journalism: grew after the 1990s. The subsidiary ered or about corruption, devolving the agriculture story of hope. Stories of questions were never discussed widely.

www.GovernanceNow.com 45 people politics policy performance

Field Notes

Where is the industrial growth to offer direct farm subsidies running into bil- from a set of difficult choices. millions of jobs? Where are the farm- lions of dollars. In Europe and the US, Today, reporting on agriculture is ers supposed to go? The only answer is the government pays farmers even to not about finding stories of hope; it is urban slums and low-wage jobs in the keep their land fallow. It is easy there, about collating numbers of farmers unorganised sector. How many people as the number of farmers is very low. who have killed themselves. A major- will get work as house-helps and secu- In India, however, more than half of ity of India’s farmers are neither here Banking rity guards and drivers in rich pockets the world’s second largest population nor there. They are under intense dis- of our cities? depends on farming. Which govern- tress, living and farming on borrowed Farmers are expected to transform ment has the resources to provide di- money that they cannot hope to repay. to a new age of international markets. rect subsidies? Meanwhile, the govern- There is no parallel anywhere in the on Subsidies that were once considered ment does control food prices through world to the kind of widespread sui- essential for the nation’s food secu- large-scale market interventions and cides by farmers in India. The most dis- Cloud rity were now described as a drain on policy measures, all in the interests of tressed farmers, usually, are the ones the national budget, leading to budget keeping the food affordable to the poor. who take big risks against the odds. th deficits, preventing the government Any wonder lakhs of farmers have Forget the moral need to cover half Conclave24 July 2015 to invest anew in infrastructure of killed themselves over recent years? the country. For journalists who are InterContInental MarIne DrIve, MuMbaI urbanisation. Because their income is kept low by the interested in big stories, here’s a story Due to open markets and commer- government to keep food prices down. of epic proportions. Yet, if you seek cialisation of agriculture, farming has Now, the government wants to pull any real news on agriculture, you will become very expensive. Leasing land away its hand from farmers. The ICAR have to follow the business pages or Do banks need cloud computing? – a bulk of farmers have small land is still in the Green Revolution mind- business papers, which cover the com- parcels or are landless, so they rely on modities markets. Here, too, the news the banking sector cloud: What applications to migrate? renting land – buying seeds and fer- Today, reporting on coverage is from the perspective of ag- tilisers, buying/renting tractors, pes- agriculture is not about ri-markets, not of farmers. ticides, to borrowing money for sink- Which is why India’s media has no The Governance Now Banking on Cloud conference will facilitate a collaborative environment and a platform ing tube-wells for irrigation, hiring finding stories of hope; it business talking about the failures of to deliberate how banks can utilise the full potential of cloud for transforming their business operation while trucks to transport farm produce, etc. the political class with regard to farm- The cost of cultivation in India is the is about collating numbers ers and agriculture. At least the gov- addressing the various challenges and issues that banks are facing in terms of adopting cloud. highest among comparable develop- of farmers who have killed ernment tries to do something in its ing nations. Soil fertility is decreasing themselves. A majority of own muddled manner. The media has at alarming rates in several regions, completely abandoned farmers and DIsCussIon PoInts Who WoulD be there soil salinity/hardening/desertification India’s farmers are neither agriculture. When unseasonal rains • Do banks need cloud computing? The right cloud com- • Representatives from RBI are increasing, groundwater levels are and thunder destroyed crops across puting model for banks. dropping, insect pests are acquiring re- here nor there. They are thousands of acres, the media in Delhi • Academic & Research Institutions sistance to the most potent pesticides. under intense distress, hardly reported on the extent of the • Making data centres cloud ready • IT experts Yet the prices farmers get for their crises. The regional newspapers had • The banking sector cloud: What applications to migrate • Technology solution providers produce have not increased. The gov- living and farming on no stories in the front pages other than and what not to migrate? • Technology consultant ernment intervenes in the agri-com- borrowed money that they photos of destroyed crops. • Challenges while migrating to cloud • CIOs, CTOs, CEOs, Security Heads from Public and modities market to keep down the How about the media showing a lit- • Issues of cloud adoption by public sector bank such as Private Banks prices of food items, in the interests cannot hope to repay. There tle commitment? Agriculture in India clarity on legal and policy related issues. • Representative from Debt Recovery Tribunal of the poor. This means farmers have is no parallel anywhere is very difficult to understand. Farm- to buy inputs like seeds and pesticides ers in Rajasthan are very different • Cooperative Banks in the open market and in retail, but in the world to the kind from farmers in Odisha. They will nev- And many more…… they have to sell in wholesale in a con- of widespread suicides by er get the help they need unless their trolled market. They have to buy in a context is understood. Unless they are capitalist market, but they sell in a so- farmers in India. described as real people with real lives cialist non-market. The government’s who have to take real decisions that ContaCt us minimum support price (MSP) regime have a bearing not just on their lives For branding & sponsorship is a joke, because it runs on inherently but on what all of us eat. Debabrata Ray, +91 9899650692 down-marked calculations of cost of set, focused on newer technological There was a time farmers were seen [email protected] cultivation. inputs to increase yields; it has no de- with teary eyes; the nation’s eyes are Vijay Vardhan Singh: +91 9999685086 The opening of international mar- sire to curtail the spiralling cost of cul- now very dry when they look at farm- [email protected] kets means Indian farmers have to tivation. Nobody is willing to recognise ers. Clarity of vision does not come to Prem Kumar, + 91 97118 88860 compete with their counterparts in that the low-hanging fruit of agricul- eyes that are too moist or too dry. n [email protected] industrialised countries, who are sup- tural growth has been plucked and For Confrence related Queries For registration as a delegate Jay Singh, +91 9811922402 ported by their governments with consumed. Now, it all about selecting [email protected] Shubhendu Parth, +91 9811402655 Srikant Kukreti, +91 9871023330 [email protected] [email protected] [email protected] Praggya Guptaa, +91 9873650603 Mario Gabriel, +91 9819815041 Sunil Kumar, +91 9560136992, [email protected] [email protected] [email protected] 46 GovernanceNow | July 1-15, 2015 http://event.governancenow.com/banking-cloud-conclave/ Banking on Cloud

Conclave24th July 2015 InterContInental MarIne DrIve, MuMbaI Do banks need cloud computing? the banking sector cloud: What applications to migrate?

The Governance Now Banking on Cloud conference will facilitate a collaborative environment and a platform to deliberate how banks can utilise the full potential of cloud for transforming their business operation while addressing the various challenges and issues that banks are facing in terms of adopting cloud.

DIsCussIon PoInts Who WoulD be there • Do banks need cloud computing? The right cloud com- • Representatives from RBI puting model for banks. • Academic & Research Institutions • Making data centres cloud ready • IT experts • The banking sector cloud: What applications to migrate • Technology solution providers and what not to migrate? • Technology consultant • Challenges while migrating to cloud • CIOs, CTOs, CEOs, Security Heads from Public and • Issues of cloud adoption by public sector bank such as Private Banks clarity on legal and policy related issues. • Representative from Debt Recovery Tribunal • Cooperative Banks And many more…… ContaCt us For branding & sponsorship Debabrata Ray, +91 9899650692 [email protected] Vijay Vardhan Singh: +91 9999685086 [email protected] Prem Kumar, + 91 97118 88860 [email protected] For Confrence related Queries For registration as a delegate Shubhendu Parth, +91 9811402655 Jay Singh, +91 9811922402 Srikant Kukreti, +91 9871023330 [email protected] [email protected] [email protected] Praggya Guptaa, +91 9873650603 Mario Gabriel, +91 9819815041 Sunil Kumar, +91 9560136992, [email protected] [email protected] [email protected] http://event.governancenow.com/banking-cloud-conclave/ people politics policy performance

Game On Sporting tales

Meerut sports market is a world player, yet the industry faces problems. Is the government paying heed?

Deepa Gupta is big business in Meerut. From cricket bats, balls, gloves, pads, tennis and badminton racquets, shuttlecocks, basketballs, rugby balls, volleyballs, irender Sehwag often pole vault poles, crossbars and mats, mentions that when he discus, hurdles, gymnastic and physi- first visited the Sanspar- cal fitness equipment, to sports bags, eils Greenlands (SG) fac- apparel and accessories, the market tory in Meerut as a Ranji boasts of the best in quality and pric- playerV he was not given a bat by SG. ing. Although, bigger players focus on Well, that’s the price of not being fa- exports, there are many to cater to the mous yet. On a visit to the same fac- local and retail markets. Also, innova- tory VVS Laxman, when he saw bats tion and offbeat products remain the being made, had remarked that it was hallmark of the manufacturers here. easier to play cricket than to make the Stag International is at present cricket gear. producing new products like tchouk- While cricket placed Meerut on the ball frames and ballon poire that are world map, it was the 2012 London very popular in European and North Olympics that put the Meerut sports American countries. “We designed market under the international arc pole vault and high jump standards, lights, as most of the athletic equip- starting blocks and hurdles which ment used by international players were extensively used in the 1996 was supplied from here. London, Olympic Games in Atlanta,” said Am- however, wasn’t the first time. “We ber. The industry employs traditional have been supplying athletic equip- craftsmen who have learned intri- ment to the Olympic Games since cacies of the trade through genera- the 1992 Barcelona Olympics and the tions. However, lately there has been Asian Games since 1982 Asiad at New a shortage of skilled workforce as the Delhi,” said Amber Anand, director, newer generation tends to migrate to Nelco India Pvt Ltd. Anand claimed 90 bigger cities in lure of better oppor- percent of sports goods sold across the tunities. “This is precisely the biggest world are made in Meerut. “It is more reason for automation. Established cost-effective to manufacture goods manufacturers are trying to install here. The companies abroad simply modern machinery in most aspects of sell it under their brand names.” production to minimise the use of la- With the current market turnover bour,” said Amber. – exports and domestic put together – The emphasis is now on technolo- at approximately `2,000 crore, sports gy upgrade and new products. “In the

48 GovernanceNow | July 1-15, 2015 Meerut sports products make their way to US, UK, Germany, France, Denmark, Ireland, Netherlands, Finland, Sweden, Japan, Israel, Middle East, South Africa, Australia, New Zealand, UAE, Canada, Singapore, Malaysia, Taiwan, Bangladesh, West Indies, China and Sri Lanka. Brazil is an emerging market.

years to come, we hope to see a major gear that carry a higher slab of taxes cost makes it unviable. The administra- shift happening from a labour-inten- compared to others. [Trade tax was tion should develop more industrial sive industry to a technology-oriented zero percent on all sports goods till areas around the city. Infrastructure one,” said Ashish Mahajan, MD, Maha- 2011. The UP government now levies a is also a big issue for any industry to jan and Sons. India was always seen as trade tax of 14 percent on gymnastics flourish. Uninterrupted electric supply, a country supplying labour-intensive and physical fitness equipment.] Also, good roads/rail network will all pro- products but lately several companies land has become very expensive.” vide easy access to ports and the pan- have diversified into unconventional Mahajan cited labour availability India market.” products which were earlier being pro- as a major issue. “On the one hand So what steps does the govern- duced by European or Chinese compa- we say there is a huge unemployment ment need to take to help the sports nies, and require latest technology. problem but you talk to anybody in the industry grow? “For one, the govern- However, despite innovations and manufacturing industry and they will ment needs to cut red tape. The entire technological advancements, there are tell you how difficult it is to get labour [government] machinery should be glitches that the market has been fac- these days. The government needs to industry-friendly instead of blocking ing for many years now. Paras Anand, set up training centres in villages and the progress of any industry. Effec- director, marketing, SG, said, “The ma- these centres should be in contact with tive measures should be put in place jor problem faced by the sports indus- industry so that trained labour can be to ensure regular supply of electricity try in Meerut for the last many years easily hired. The other issue is avail- and improve infrastructure, besides is the lack of power supply. Then there ability of land. In case you need to ex- providing land at subsidised rates for are certain product categories like gym pand or put up a new project, the land the growth of the industry. There are

www.GovernanceNow.com 49 PITCHING IN people politics policy performance SG brand ambassador cricketers Game On

Cheteshwar Pujara (in pic), various government schemes that good till 2011. But today, a 12-14 Bhuvneshwar Kumar, Karn remain only on paper due to lack percent excise duty is levied on Sharma, Varun Aaron – India of enthusiasm on the part of the all goods except gloves (2 per- government,” said Rakesh Kohli, cent excise duty). We need a uni- chairman, Stag International. form excise duty. Another prob- Marlon Samuels (in pic), “Along with these, better labour lem is that excise duty is levied on laws, good roads and a special eco- goods above the sale of `1.5 crore. Andre Russell, Jermaine nomic zone (SEZ) to support trade This figure is irrational in today’s Blackwood – West Indies are a must,” added Paras. “Basical- times. We demand that this fig- ly, all facilities available in states ure be doubled.” The movement like Uttarakhand and Himachal of willow clefts from Kashmir is Kaushal Silva (in pic), Pradesh.” restricted. “This is detrimental to Sachithra Senanayake – Sri “Policies are required to curb the cricket bat industry here and Lanka import of cheap Chinese sporting the ban must definitely be lifted,” goods. The government needs to he added. hold on to its ‘Make in India’ poli- There is a need to provide more cy and promote the use of Indian- sports facilities across the country PITCHING IN made goods over cheap imported where children can enhance their ones. There should be a diktat in skills so as to bring out better play- Nelco sponsored athletes place for government institutional ers in the future. “Sports in most Name – Country – sport – achievement buyers such as the Sports Author- countries are an important part of ity of India, central and state gov- the curriculum and children are Vikas Gowda – India ernment procuring agencies, gov- encouraged to take up some sort of (Discus Throw: Commonwealth ernment-aided universities and sport that would help in their over- schools to promote Indian manu- all development. In India, how- & Asian Games Champion) facturers over their foreign coun- ever, a major emphasis is laid on terparts,” said Amber. studies. The government should Melina Robert Michon – France Puneet Mohan Sharma, presi- make it mandatory for all schools (Discus Throw: 2012 London dent, All India Sports Goods Man- to include sports as a compulso- Olympics Silver Medallist) ufacturers Federation, spoke of ry subject,” said Mahajan. Other the business highs and lows as be- sports, besides cricket, should be ing seasonal. “There really isn’t a promoted so that children develop Ashton Eaton – USA slump. It’s a wavy graph that goes an interest in varied sports rather (Decathlon: 2012 London up and down depending upon a lot than sticking to one game. “This Olympics Gold Medallist) of factors.” He, however, cited cer- will not just help Meerut sports in- tain problems that push the mar- dustry, but also help in building a Li Yanfeng – China ket back with entirely no govern- better society,” said Mahajan. (Discus Throw: 2012 London ment support to bolster the same. Despite problems, manufactur- Olympics Bronze Medallist) “In the initial years, the sports in- ers and dealers of sports goods go dustry took shape in small shops on. They fight their own battles and where goods were sold as well as make do with what little there is by Matthew Denny – Australia manufactured in some little cor- way of electricity, roads and other (Discus Throw: World Junior ner of the same establishment. infrastructure. Yet, Kohli sees a Champion) But now with advancement, and bright future for the industry. “The as times change and competition Meerut sports industry is growing grows, we need an industrial land at a fast pace. However, compared – one that would have the indus- to the overall increase in demand Stag International brand ambassador try in a consolidated form so that this growth is much less. The de- even foreign buyers would per- mand is growing by 30 percent a ceive it as an organised sector year whereas the industry is grow- Peter Karlsson – Sweden rather than a randomly spread ing merely by 15 percent.” business.” According to Sharma, One could only hope that (Table Tennis: 1991 world more than 1,00,000 people from the government pitches in soon champion in men’s doubles the city are involved in this busi- and does not let the thriving and 2000 European ness and things can be better with sports industry go for a six. n champion in men’s singles) government help. “Then, there was no excise duty on any sports [email protected]

50 GovernanceNow | July 1-15, 2015 Interview Alok Ranjan, chief secretary, Uttar Pradesh “We want to ensure 24-hour power supply by 2016”

A 1978 batch IAS officer, Alok Ranjan is driving the development agenda of the Uttar Pradesh government in the run-up to 2017 assembly election. In an interview with Pratap Vikram Singh, Ranjan talks about administrative reforms in the state.

How far have you succeeded in tackling the power crisis? We are allocating maximum budget to the power sector for generation, transmission and distribution. I am holding review meetings every 15 days. We have a vision to ensure 24- hour power supply to all urban areas by October 2016. The district headquarters will get 22 hours of power supply and rural areas 16 hours. We are working according to our plan and hope to realise our goal in time. Isn’t it very ambitious, given the current state of affairs? Yes, it is. Even today we are main- GN Photo taining 10 hours of [power] supply has been taken out of development sort should be repeated. in rural areas and 18 hours in district schemes and the contingency fund. Farmers are losing hope as their headquarters. We have worked out Massive camps have been organised problems – low yields, high interest a month-wise plan for each activity. across the state. The relief distribu- loans and lack of land redistribution We have arranged for the funds. I am tion has been perfect. There is no – are not addressed. sure that we will achieve our targets. allegation of corruption. For deaths Irrigation has never been a problem. There are reports that more and we are giving a compensation of `7 Eighty percent of the state is irrigat- more relief cheques for farmers are lakh per person. We have succeeded ed. Fertiliser availability is very high. bouncing. Your comments? significantly. Productivity enhancement has in- UP has been affected the most by un- There was just one case in a village creased year on year. Yes, small land timely rains. The damage estimate of Faizabad where a cheque of less holdings and land fragmentation do that we sent to the centre is around than `1,500 was given. Otherwise, impact the income of farmers. Land `7,000 crore. We haven’t failed. In there has been a clear order that distribution has happened, but the fact, the UP government has done a the minimum amount for a [relief] population is so much that the land- tremendous job in providing relief. cheque has to be `1,500. Such a small holding is getting smaller day by day. Right now `1,435 crore has been giv- error can happen in a state the size of UP’s poor development indicators en from the exchequer. I have sanc- UP. There was one incident of cheque compete with those of Sub-Saharan tioned another `500 crore. We got bounce in Mathura. But that was not African countries. What is being nothing from the centre except for because of the fault of administration done to address this? `253 crore in SDRF [state disaster re- but because of the bank. We have As part of the development agenda sponse fund]. The rest of the money cautioned banks that nothing of this approved by the CM, we have set

www.GovernanceNow.com 51 targets for reduction in MMR [ma- “The use of technology In every city we are coming up ternal mortality ratio] and IMR [in- with new projects. We want cities to fant mortality rate]. For instance, in governance and have all basic facilities, proper road our ambulance services 108 and 102 network, services network, etc. We have been very successful and have monitoring is a must. are doing whatever we can with our reduced incidences of IMR and MMR. Significant work has limited resources. For instance, proj- In terms of education, we have ade- ects have been planned for Lucknow. quate schools and teachers. The qual- already been done. Metro, Janeshwar Mishra Park, a con- ity, however, has to improve. So the vention centre and IT city are under quality of education is a major focus The commercial construction. area. We have developed a matrix by tax department has How do you plan to attract further which teachers and education depart- investment in the state? ment officials will be held account- done excellent work We have a very forward-looking pol- able. We will monitor the quality of [in automation]. We icy. We have introduced a single win- teaching, punctuality of teachers, at- dow system ensuring ease of doing tendance, lesson plan, and how much have leveraged the business. We have got the best sys- children have learned and grasped. If tems across the country where most students are not learning then teach- online system for the of clearances are online. There is a ers will be held accountable. distribution of pension single point centre, Udyog Bandhu, How are you addressing inter- where a person can apply for clear- regional disparity? and scholarships.” ances and can himself monitor it. We want to set right the regional im- We are facilitating industry to balances. We are trying to give prior- the best possible extent. We have a ity to Bundelkhand and eastern UP. mega project policy and many indus- For instance, we are working on ag- tries have responded positively. Proj- ricultural development in eastern UP. mobiles. More than five lakh women ects worth `8,700 crore are due any There is a big gap between productiv- have benefited. moment. ity rates in eastern and western UP. I We have also set up a Mahila Sam- Small and medium enterprises are am glad to tell you that the gap is nar- man Kosh. In this initiative, the gov- coming up on a regular basis. DMIC is rowing now. ernment has allocated a fund for being developed as a major industrial For Bundelkhand, we are coming treatment, rehabilitation, and live- hub. Trans-Ganga area in Kanpur and up with special schemes. Horticul- lihood development of the victim. Naini area in Allahabad are being de- ture, agriculture, animal husbandry A corpus of `150 crore has been set veloped. The entire eastern front cor- and other allied industries can come aside for this initiative. We are also ridor is being developed. The results up there. setting up Asha Jyoti centres, a sin- will be visible in two to three years. There have been repeated incidents gle window system for the victims, How well is Uttar Pradesh using ICT of communal violence in the state. where all facilities are provided un- in governance? I really don’t know how you are say- der one roof: medical facility, psy- The use of technology in governance ing this. In fact, there has hardly been chological counseling, rehabilitation, and monitoring is a must. Signifi- any incident of communal violence as lodging of FIR and action on FIR. cant work has already been done. far as UP is concerned. A communal What is the state’s vision related to The commercial tax department has incident happens only when there smart cities? done excellent work [in automation]. is a riot. Any kind of law and order When the guidelines are released [by We have leveraged the online system situation where, by chance, members the union ministry of urban develop- for the distribution of pension and of two communities are involved... I ment] we will prepare our plans ac- scholarships. That’s how we have un- don’t think we can call it a communal cordingly. While we plan for physical earthed a lot of fraudulent activities situation. I have been in-charge in UP infrastructure we also have to plan in these areas. First, we are identify- for more than a year now and only for funding. It is not possible to ar- ing those areas [departments] which one incident, in Saharanpur, hap- range resources internally for any have massive public interface. Land pened after my joining. Even the re- ULB [urban local body]; except prop- record is one such area. Now you can cent incident in Shamli can’t be called erty tax they can hardly raise any- get a copy of khatauni [land records] as a communal clash. thing. That is definitely a challenge. online. So is the case with caste, in- Crime against women is on rise. As far as the centre’s contribution come, birth and death certificates. I What action is taken in that regard? is concerned, `500 crore in five years have also identified groups in all de- Our 1090 helpline system has worked is not going to be enough in anyway. partments which are working in this so beautifully that any case of harass- Even if you take sewage treatment regard. n ment of women is now being imme- plants its construction itself requires diately attended by police through several hundreds of crore. [email protected]

52 GovernanceNow | July 1-15, 2015 people politics policy performance

Notes

Pakistan to use RFID for New telecom policy for monitoring calls, messages fleet management he Modi government is working on a equipment manufacturers, content service he Lahore transport company (LTC) and T new regulatory framework for lawful providers, law enforcement agencies, gov- T the national database and registration interception and monitoring of ernment entities and individuals. authority (NADRA) of Pakistan have signed a telephone calls and messages The objective of the policy is to memorandum of understanding to electron- while safeguarding the priva- ensure optimum communica- ically manage the LTC route permit system, cy of users, said union minister tion security for different types of challan system, parking stands and other re- for communications and IT Ravi communication needs, to have a lated transport infrastructure for the promo- Shankar Prasad. The ministry led telecom network that is aligned tion of e-governance. In accordance with the by Prasad is consulting the union with international norms and to new system, RFID technology will be used home ministry to sort out the is- provide assistance to security in the route permit system for attaining the sues related to interception by agencies for lawful interception. actual statistics, knowing about the validity security agencies. The minister The policy, which is technology of documents, route authorisation of public said that the security and priva- agnostic, envisages network pro- service vehicles. The system will be installed cy issues will be taken care of in tection through built-in security phase-wise with the technical assistance of the new policy. The policy aims to features in the systems, services, NADRA initially on the low occupancy vehi- address concerns of all categories of en- equipment, devices and software rather cles routes such as wagons and minibuses. tities such as telecom service providers, than being an add-on feature. It will also help prevent pilferage of revenue.

In line with the prime minister’s vision of Digital India, Skill India and Make in India, `2,50,000cr our ministry has developed this employment

can be added to India’s GDP by exchange portal for industries where job seekers fixing internet legal framework can find employers or vice-versa.

Source: Global Network Initiative Kalraj Mishra Union minister for micro, small and medium enterprises

AP eyes ‘certificate-less’ Aadhaar based e-tracking of pension cases governance PM Narendra Modi has suggested an Aadhaar-based online system to check delay in processing cases of pensions. The ministry of railways, ministry of defence, department The government of Andhra Pradesh is plan- of posts and department of telecommunications may explore the adoption of an online ning to scrap certificates of nativity, resi- tracking system for pension sanction and payment. dence and income by keeping Aadhaar as a single source of information of citizens. The government is also exploring the pos- Free SMS alert system Rural post offices to sibility of abolishing title deeds and patta- for weather-hit farmers provide e-services dar pass books, taking details available on ‘Mee Bhoomi’ portal as authenticated infor- A free SMS service called ‘Nowcast’ has Rural post offices across the country will mation of a land owner. In a review meet- been launched to provide alerts on extreme also function as common service centres ing, CM N Chandrababu Naidu has asked weather conditions like hailstorm every (CSCs) providing e-services. “We have de- to finish digitisation of field measurement three hours to over one crore farmers whose cided that all the 1.30 lakh rural post offices book records within nine months. “This will numbers are registered on mKisan portal. should also become common service cen- eventually help in integrating land records The free alerts will be sent in Hindi, English tres (CSCs) to further provide services,” said data with satellite maps along with the de- and regional languages. Besides, a web-por- union minister for information and technolo- tails of extent of crop lands,” said Naidu. In tal on crop insurance has also been unveiled gy and communications Ravi Shankar Pras- an effort to promote certificate-less govern- to create awareness and encourage more ad. “We expect to get the RBI nod by July. ance in the state, the government is mulling farmers to insure their crops taking advan- With 1,54,000 post offices the new initiative a pulse survey in August for preparation of tage of existing schemes. The web portal, will usher in a financial revolution across the socio-economic citizen database. however, has been launched in English. country,” he added.

www.GovernanceNow.com 53 people politics policy performance The Digital Dawn exclusive

Digital India will touch, empower you The country is all set to embrace a digital revolution which will connect one and all

ashish asthana

RS Sharma using their digital identity, mobile and One will not have to move from one bank account. In other words, India website to another to interface with will largely become a cashless society. different government departments. A People will have a choice in terms of single entry point will enable people to modes of payment, using unified pay- interact with the government. Internet ment architecture being developed by of Things (IoT) will transform many ar- the national payment corporation of eas of life and economy. The initial ap- India (NPCI). plication for IoT will be smart cities, ndia, 10 years down the line, Thanks to Aadhaar authentication smart traffic management, pollution will be a country where ev- system, people will be able to open detection, agriculture, and irrigation. ery person will have access to their bank accounts from their homes Carrying forward the vision of Digi- broadband, and all public ser- and will be able to conduct other trans- tal India to transform India into a digi- vices will be delivered using actions online. All government servic- tally empowered society and knowl- mobile and broadband, for ex- es will be available at their doorstep or edge economy, the entire programme ample tele-medicine and tele- in their neighbourhood at a reasonable is divided into three focus areas: digital Ieducation. Everyone will be able to cost. Mobile will become a powerful infrastructure as a utility to citizens, conduct online financial transactions tool to conduct digital transactions. governance and services on demand

54 GovernanceNow | July 1-15, 2015 A Click Into Gov NEXT Digital Governance

and digital empowerment of people. All rollout speed has increased 30 times. materialise. The threat is so dynamic three are required to work together to However, even this is not good enough that we have to continuously upgrade realise the vision. Digital infrastructure to meet the targets set by the prime our responses to remain safe. A cyber without applications is useless, as much minister and we need to accelerate. attack can bring to halt several sec- as both these will be worthless if we do Steps are being taken to fast forward it tors connected on a single network. not have digitally empowered people. so as to achieve the target of connecting This includes banking, telecom, rail- 2.5 lakh panchayats by the end of 2016. ways, aviation and power, among oth- Digital infrastructure: An utility The second part of enabling digital ers. We have started procurement of Let us have a look at the first com- infrastructure is creating common ser- equipments for national malware and ponent. To ensure that digital infra- vice centres (CSCs) so that the citizens botnet protection centre. It will be a structure reaches the citizen as a util- have an easy access to digital services. cloud-based, online cyber protection ity there is a need to have adequate IT The numbers are being increased from system to create a cleaner Digital In- infrastructure – including hardware, current one lakh to 2.5 lakh. It means dia. Anyone can plug into the system software platform and broadband that every panchayat will have one and get rid of viruses. Soon the multi connectivity. It also requires physical CSC. Similarly, around 1.5 lakh rural agency cyber coordination centre will service delivery centres that are inter- post offices are also going to becon- also come up. connected and within easy reach of cit- verted into service delivery centres. izens. The other key components that This will mean that the country will Governance and services on demand will be needed are the soft infrastruc- have about four lakh service delivery Riding on digital infrastructure is gov- ture to recognise and facilitate easy ac- outlets to provide e-governance and ernance and services that can be de- cess for every citizen, and a safe and other citizen services including bank- livered to citizens on demand. To ad- secure cyberspace. ing, access to e-books and e-health. dress this area, reforms are being done at policy level, architectural level and service delivery level. The cabinet has recently approved The essential idea is that we must create an ecosystem e-kranti framework, which sets down of applications that can talk with each other so that the the broad overarching principles of e-governance application design. The citizen experience of approaching and interfacing with the guidelines include that the applications government is seamless and pleasant. should be based on open standards, should expose open APIs to promote innovations and interoperability and should be mobile-enabled, should offer software as a service (SaaS) rather than One of the key objectives of Digi- Then, there is the need for soft infra- the stand alone applications. Applica- tal India programme is a digitally em- structure that is already being created. tions should be scaleable, cloud-en- powered economy where all transac- This includes digital identity which is abled and, to the extent possible, based tions – be it G2C or B2C or C2C – can unique, online and authenticable. As on open source. The essential idea is be conducted online. In this context, on date, about 87 crore people have that we must create an ecosystem of universal access to broadband inter- already got Aadhaar. Secondly, there applications that can talk with each net becomes a pre-requisite. Today, in is a need to give citizens easy access other so that the citizen experience of India internet is accessed by just about to bank account and the success of the approaching and interfacing with the 20 percent of the population as com- Jan-Dhan Yojana is well known. The government is seamless and pleasant. pared to global penetration of about other critical component is access to There are 31 mission mode projects 42 percent. Of this 20 percent also, mobile phone, which is an important under the national e-governance plan the majority of users access internet tool for government service delivery. (NeGP), which was approved in 2006. from their mobile phones, the speed of We are nearing one billion mobile Out of these, 24 are delivering services which is well known! Another way to phone users in the country. In other at present. Unfortunately, the applica- look at this statistic is that 25 percent words, the Jan-Dhan, Aadhaar and mo- tions in many of the MMPs have archi- of world’s unconnected people live in bile (JAM) trinity is going to provide the tectural issues, the reason being that India. This can be considered both, as a true empowerment to people to be in- they have been developed many years challenge and an opportunity. cluded in the digital economy. back. Now, we are re-engineering all To tackle this challenge, the gov- However, there is another critical the applications so as to make them ernment is implementing Bharat Net, component that cannot be ignored. If compliant to the e-kranti framework. the erstwhile national optical fibre we don’t strengthen our cyber secu- While we have been extensive- network (NOFN). In last one year, the rity, our Digital India dream will not ly working on the existing MMPs to

www.GovernanceNow.com 55 people politics policy performance

The Digital Dawn

re-engineer them, we have also India is on a very strong wicket The nine pillars been developing a number of new in terms of digital identity through products which conform to these Aadhaar. Aadhaar is the first initia- architectural principles. National tive worldwide that provides iden- Broadband highways: `47,686 crore allocat- scholarship portal, attendance por- tity through effective use of biomet- ed for broadband network for 2,50,000 gram pan- tal, platform for digital books and ric technology, which is at the heart chayats by December 2016; virtual network opera- e-hospitals are few examples. The of Aadhaar. Biometric serves two tors for urban areas; and nationwide information e-hospital platform will allow pa- basic purposes in Aadhaar. The infrastructure by March 2017. tient to register online for OPD ap- first one is to ensure uniqueness pointment. It will also enable them during enrolment and the second Universal access to phones: `16,000 crore for to check, for example availability is to enable online authentication. providing mobile connectivity to remaining 42,300 of blood or medicines and give in- In terms of digital access, we villages for 2014-2018. stant access to medical records. have introduced a range of pro- The government has also grammes varying from basic liter- Public internet access programme: `4,750 crore brought reforms in service deliv- acy (DISHA) to the high-end capac- allocated for setting up common service centres in ery through Aadhaar-based direct ity building. The idea is to enable 2,50,000 villages by March 2017. Further, 1,50,000 benefit transfer (DBT). DBT is be- people to access and demand elec- post offices will be made multi-service centres. ing used in distribution of LPG tronic delivery of services. subsidy and payments under na- Using Aadhaar-based digital E-governance – Reforming government through tional social assistance programme authentication, the government technology: IT will be used to simplify form sub- (NSAP), among other schemes. has made entitlements portable. missions, tracking online applications, etc. Repos- Using Aadhaar, we have also Once entitlement portability be- itories for voter IDs, school certificates; electronic introduced electronic signature comes a reality, one can get ration databases; IT to analyse data to identify and re- or e-sign. It essentially enables from any shop irrespective of ge- solve persistent problems. one to digitally sign a document ography. The portability increases without using the traditional digi- competition between service pro- e-kranti – Electronic delivery of services: Free tal signature dongle. It is a trans- viders and gives citizens more bar- Wi-Fi to 2,50,000 schools; pilot massive online action-based solution rather than gaining power. Andhra Pradesh open courses; medical consultation, medical re- capex based. has implemented this in one of the cords will be online by 2015; National GIS mission Another key service delivery districts recently. mode project; technology for farmers, cyber secu- platform that will be extended to Lastly, India has to be self reli- rity, mobile banking, e-courts, etc. citizens is the digital locker. This ant in electronics manufacturing. is a repository of digitally signed At present, we effectively meet Information for all: Open data platform for documents (through online Aad- only 10 percent of our domestic hosting of information and documents; two-way haar authentication) extended to demand. There are a number of communication between citizen and government citizens. Digital locker provides incentives which are being given through social media and web based platforms; shareable private space of a public to the industry to attract domestic and online messaging to citizens. cloud to any Aadhaar holder. For manufacturing in electronics. Our example, consider a case where target is to achieve net-zero im- Electronics manufacturing – Target net zero Aadhaar number is provided dur- port by 2022. imports: Focused areas are set top boxes, VSATs, ing course or exam enrolment. As To conclude, India today is at fables design, mobiles, consumer & medical soon as the result is generated, the tipping point where technol- electronics, smart energy meters, smart cards, mi- the marksheet will be pushed to ogy has to be leveraged more ho- cro-ATMs, incubators, clusters, etc. that person’s digital locker. When listically to meet the aspirations of I share with you my marksheet, I its 1.2 billion citizens. Digital India IT for jobs: `200 crore for training 1 crore stu- am actually sharing a link, which programme is about erasing the dents in IT sector from weaker sections; Setting takes you to the repository. demarcation line between digital up BPOs in north east; training 3,00,000 service haves and have-nots so that the delivery agents; and training 5,00,000 rural work- Digital empowerment of people government and its services reach force in IT in 5 years. On top of the pyramid in Digital the doorsteps of every citizen and India framework is digital empow- create a long-lasting and spiralling Early harvest programmes: Mass messaging erment of people. This comes from developmental impact. n applications to be developed; crowdsourcing of e- providing a cradle-to-grave digi- greetings; and biometric attendance in all central tal unique identity, digital literacy govt. offices; `790 crore for Wi-Fi in all universities; and universal access to digital re- Sharma is secretary department and `98 crore for secure email communication. sources, and portability of all en- of electronics and information titlements through cloud. technology (DeitY).

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Gov Digital Governance people politics policy performance tech bytes

YouTube unveils ‘newswire’ service for Google, Apple, Microsoft, eyewitness videos Mozilla join hands

YouTube has announced plans for Google, Apple, Microsoft, and Mozilla have part- a ‘newswire’ of eyewitness videos nered to develop a new binary format code and a separate project on videos called WebAssembly (wasm). It is aimed at in- related to social justice and human creasing the speed and efficiency with which rights. In partnership with the so- browsers compile, parse, and render web ap- cial news group Storyful, the You- plications and webpages as compared to text- Tube Newswire will be “a curated The initiative will draw on us- based JavaScript and asm.js. Engineers from the feed of the most newsworthy eye- er-contributed videos on You- companies have formed the informal W3C com- witness videos of the day, which Tube such as those which have munity group, WebAssembly CG in this regard. have been verified by Storyful’s been important sources for events While WebAssembly may be used for the web team of editors,” a blog post from such as the Arab Spring uprisings applications that require compression, JavaS- the Google-owned video shar- and protests in Ferguson, Missou- cript and asm.js will continue to be used to write ing service said. “With the News- ri. “Today, more than five million lighter elements. wire, we hope to provide journal- hours of news video is watched on ists with an invaluable resource to YouTube every day, and the role discover news video around major of the eyewitness has never had a Cisco to invest events, and to highlight eyewitness more vital place in the newsgath- $60 million video that offers new perspectives ering process,” Google News Lab’s $20mn on important news stories.” Olivia Ma said in the blog post. in India For training students San Jose-based multi- national company Cis- Social Media co said it will invest $60 analysis million (roughly `382 $40mn crores) in India and also To expand India pinpoints IS begin manufacturing in facility strategy the country to support PM Modi’s digital trans- Tweets and YouTube formation schemes. As videos by fighters A grab taken from a video released by IS group’s official part of its investment, it will train 1.2 lakh from the Islamic State Al-Raqqa site via YouTube. students for which it has kept aside $20 mil- group have allowed exclusively with AFP, from known Islam- lion (roughly `127 crores). It will spend $40 analysts to pinpoint shows how the Islam- ic State militants, as million (roughly `254 crores) to expand its their movements in ic State (IS) group is well as opposition India facility spread over four million square Iraq and Syria, high- probing beyond the activists and govern- feet, and designed as a campus-as-a-city. “We lighting the group’s territory it current- ment sources, using are investing big in India. Cisco is committed increasing push to- ly holds and pushing the geo-location data to partnering with the Indian government to wards government the bulk of its forc- from around 4,000 translate the ‘Digital India’ vision into reali- strongholds. The data es towards Damas- entries a month to ty,” said John Chambers, chairman and CEO, compiled by Brit- cus and Baghdad. map attacks ranging Cisco. The training is a cloud-delivered, scal- ain-based analysts IHS ranks the most from assassinations able, high-quality programme that helps stu- from IHS Conflict reliable Twitter and to large-scale bomb dents learn how to design, build, secure and Monitor, and shared YouTube accounts attacks. maintain computer networks.

Dell kickstarts 5th yr of its school programme Nasscom to build cyber security skills Dell has announced the ‘Dell Champs – 2015’ school programme, a 20 city student-outreach programme on the theme, ‘Learning Meets Doing’. It fea- Nasscom has signed an MoU with Symantec tures an interactive technology based quiz that provides a platform for par- to develop skilled and certified cyber security ents to participate with their children. The teams comprising of a parent professionals in India. “The partnership will and child studying in 5th - 7th standard will compete for the title of Dell enable the industry to map existing and fu- Champs 2015. It brings forth the geniuses from 400 schools in 20 Tier 2 and ture skill requirements,” Nasscom president R Tier 3 cities across India and make the winning team a Dell Champ. Chandrashekhar said.

www.GovernanceNow.com 57 people politics policy performance ashish asthana Connected Sensors

Machines have started Preparing India for talking to each other in India, and soon humans will start Internet of Things communicating with them

Pratap Vikram Singh controller fitted to water pumps helps called, is helping farmers in precision farmer to instruct the pump through agriculture: ascertaining soil moisture, an IVRS call. The device comes with au- ensuring optimal irrigation and crop tomatic power detection system, which yield. helps farmer in making the most of the “If we [are able to] maximise crop echnology has made life limited power supply. Bengaluru based yield [with using Internet of Things], easy for all, be it a farm- firm Kisan Raja piloted this solution we resolve a global problem,” says Jo- er or a corporate leader. in Andhra Pradesh and Karnataka in seph Alhadeff, chair of digital economy Farmers in several states 2012 and is now offering its services at US-India Business Council. He also operate water pumps kept to Haryana, Punjab and Uttar Pradesh. holds the position of vice president, miles apart in the field Globally, the connected sensors, or In- global public policy and chief privacy Tthrough cell phones. A GSM-based ternet of Things (IoT) as it is popularly officer, Oracle. The Internet of Things

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has allowed remote control of devices already approved programmes includ- in unimaginable ways. In health alone, ing 100 smart cities, smart grid and ve- there are several solution providers hicle tracking that will rely heavily on who are offering devices to diagnose internet-connected sensors. heart, blood pressure and blood sugar “As of now there are very few or- measurement. Take the case of a Ben- ganisations that have the capability galuru-based startup, Cardiac Design to deliver an IoT solution on its own,” Lab. It has made a device that captures “The solution for challenges says Kumaraguru Shanmugam, head, the abnormality in the functioning of technology transformation services heart (electrocardiogram, ECG) and in the agriculture, health (TTS), Wipro Limited. The software sends data to the cloud. The cloud serv- or transport sector is company is tying up with Cisco, IBM er sends an alert to the doctor in the and Huawei to offer end-to-end solu- meantime. Here, the Cardiac Design coming from startups. tion in projects involving IoT. Every Lab sells devices to hospitals who then The traditional software Friday, Wipro screens and interacts handover the device to their patients. business has been with five startups in its Bengaluru of- The lab charges the hospital on a per fice. Cisco, Intel, IBM, SAP and HCL, patient basis. dominated by the likes too, are engaging startups in some or Another player in ECG devices is of Microsoft and Google. the other manner. Cisco is screening Cardea Research Lab. The company startups for increasing their product has come up with a locket-device that India is fortunate to have a portfolio. For example, it is tying up sends data related to abnormal ECG good number of startups, with a Bengaluru-based company Bha- readings to a smartphone. The phone, nuSoft that provides enterprise soft- having an application, converts that including those in IoT.” ware for connecting multiple wear- data into a simple report, which could MN Vidyashanker, president, IESA able devices. The collaboration is still be sent to a doctor. The device, when a work in progress and has not been produced in scale, will cost around made public. Intel and Honeywell are `3,000. These solutions, if proved effec- providing startups with their integrat- tive, could help a villager or someone startups, but also in system integration, ed circuits and sensors. living in a remote area to get the ECG networking, device manufacturing, Seeing the lucrative business op- test done without having to travel all sensors and chips. The major IT players portunity, telecom and IT expert Sum- the way to the nearest town. There are like TCS, Wipro and HCL are gearing up it Chaudhary left his position as CEO also wearable devices which can detect for this challenge and forging alliances of Reliance Jio to start his own firm, diabetes. “India is home to 35 percent and partnerships to become an end-to- Gaia Smart Cities. Gaia claims to be of entire diabetic population in the end service provider in the Internet of India’s first end-to-end solution pro- world. A Bengaluru-based startup is Things. The government of India has vider of IoT. Gaia plans to lay down working on the prototype of a device that can measure blood sugar without The connected world intrusion. The device measures sugar Although India hasn’t seen a wider rollout of M2M communications network, a few projects have level through sweat,” says MN Vidyas- already been implemented and a few others are in the pipeline. Using connect devices, the hanker, president, Indian electronics Delhi integrated multi-modal transit system (DIMTS) is tracking 90,000 vehicles in the capital. and semiconductor association (IESA). It has fitted GPS-enabled digital meters in 60,000 autos in past three years. These M2M meters “It is interesting to note here that provide location and fare estimate to the control room. It has also fitted GPS in 30,000 buses. the solution for challenges in the ag- According to Alok Sethi, deputy general manager, DIMTS, the data generated by GPS devices riculture, health or transport sector is fitted in autos will help in rationalising auto fares. When there is a demand for increase in fare, coming from startups. The traditional it is done on the basis of average distance travelled by owners/drivers. If the average distance software business has been dominated travelled on a daily basis is low the fare is increased. Now DIMTS provides realtime data to by the likes of Microsoft and Google. In- confirm the claims related to average distance travelled made by the auto unions. “This will lead dia is fortunate to have a good number to fare rationalisation. We have made national roaming enabled on all SIM cards,” Sethi said. of startups, including those in Internet DIMTS is also helping Tamil Nadu, Himachal Pradesh and Uttar Pradesh to put GPS in autos, of Things. Bengaluru itself has over a buses and commercial vehicles. thousand startups working in the In- To curb pollution in Ganga, the government has a plan to lay a sensor network from the place ternet of Things.” of origin of the river to the place where it meets ocean. The automatic monitoring system will A city, state or a country-wide imple- detect dissolved oxygen, bio-chemical oxygen and PH conductivity. It will also monitor liquid mentation of IoT solutions will require waste coming out of industrial unit setup around the river bank area. This project is part of capabilities in not just solution devel- national clean Ganga mission. Similarly, the government will also be using IoT in case of national opment, which is being done mostly by smart cities mission and smart grid project.

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Connected Sensors

overseen by DoT]. The policy states: and Mysuru are implementing vehicle “M2M (machine to machine) can bring tracking system in public transport substantial and tangible social eco- buses and autos. The architecture and nomic benefits to consumers, business- protocols are different, say experts in- es, citizens and governments.” volved in projects execution. A senior According to DeitY’s revised draft official working with DIMTS said, “The policy on IoT, India will have a $15 bil- government policy should ensure lion IoT market by 2020. The draft poli- common data interchange protocol, “The idea is to connect cy envisages increase in the connect- between vehicle to infrastructure and meters with a common ed devices from around 200 million vehicle to vehicle.” to over 2.7 billion by 2020. Globally, The telecom department, in its M2M network. The utility company the number of internet-connected de- roadmap, noted that the policy and will not be required to vices (12.5 billion) surpassed the num- regulatory challenges are enormous integrate these meters. Our ber of human beings (7 billion) on and involve both reshaping previous the planet in 2011, and by 2020, con- regulations and opening up avenues system will calculate the bill nected devices are expected to number for imaginative new policies. “TSP’s are and forward it to company.” between 26 to 50 billion. The prime familiar in dealing with telecom regu- minister’s ambitious smart cities mis- lators. But when it comes to IoT/ M2M Sumit Chaudhary, founder, Gaia Smart Cities sion alone presents a huge business they are out of their comfort zone, as opportunity. The information and com- there are multiple regulators and data munication technology (including IoT) authorities for health, energy, road and component, as per a Nasscom report, transportation services and so on,” the a non-GSM-based sensor network will account for 10-15 percent of the roadmap said. across the country. At present it is fo- total smart cities outlay. This translates When a device has to talk to a re- cusing on metering, industrial auto- into $30-40 billion business opportuni- mote server or to cloud, the sensor mation and tracking. The company is ty for the ICT industry. placed in the device first communi- already in talks with the railways and The potential of machine to ma- cates to the gateway (a router placed the defence. Talking about the appli- chine communications was discussed around the device in a home or neigh- cation of IoT in utilities, Chaudhary first in national telecom policy of 2012. bourhood network for example) from says, “The idea is to connect meters The policy said, “To facilitate the role of where it receives data packets and with a common network. The utility new technologies in furthering public sends it back. The gateway then sends company will not be required to in- welfare and enhanced customer choic- the packets to the server or the cloud. tegrate these meters. Our system will es through affordable access and effi- The connectivity between the device calculate the bill and forward it to cient service delivery. The emergence and the gateway is called the last mile the company.” Second area is track- of new service formats such as ma- network. This is one place where we ing applications. “You can track your chine to machine communications (e.g. need standardisation. Some examples car, kid and dog.” The ambulance can remotely operated irrigation pumps, be sensed before the traffic junction smart grid, etc.) represent tremendous and could be given green signal. Third opportunities, especially as their roll- area is industrial automation. “Here out becomes more widespread.” we integrate SCADA system with our network. If GSM fails, there is no other Tough road ahead network to rely upon.” While the market opportunity is huge, To provide a congenial environ- interoperability between different ment, department of telecommunica- sensor networks is crucial for IoT tions (DoT) and department of electron- to succeed. Interoperability simply “It is a challenge for ics and information technology (DeitY) means that sensor-embedded devices regulators to formulate have formulated policies on IoT [They deployed under one project should both come under the ministry of com- easily talk to devices laid in other proj- a privacy policy which munications and IT]. As of now none of ects. As of now there are no common is contextual, flexible to the departments have an explanation protocol/standards that exist any- why the two formulated separate poli- where in the world. Globally the IoT implement and yet credible cies on IoT. Experts however say given is still in evolution stage; solutions, in implementation.” the nature of their jobs, device specifi- standards are still a work in prog- cations and incubation centres will be ress. As a result, every company that Joseph Alhadeff, chair, digital economy, US-India Business Council looked after by DeitY and communica- is deploying connected sensors is do- tions protocols and regulation will be ing in its own, proprietary way. Delhi

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Showcasing excellence TEC (telecom equipment certification division within DoT) may be upgraded In next 10 years there will be six billion connected (IoT) devices on the planet. There are numerous and fine-tuned to meet requirements. areas where these connected devices are already being used; smart cities, health, security and Also more facilities can be added in manufacturing, among others. India is going to be a large consumer of IoT. Since solutions and terms of additional conformity as- standards related to M2M communications are still evolving, experts believe that it is a great sessment bodies (CABs) and certifica- opportunity for India to develop relevant products and devices suited to its conditions. tion bodies (CB) as per the industry “We shouldn’t lose this opportunity like in the case of telecom sector wherein most of the requirements.” A public-private part- products are still imported,” says KS Viswanathan, vice president, industry initiatives, Nasscom. nership might be a good strategy for DeitY and Nasscom will soon set up six centres of excellence across the country. The DeitY in its the government to set up labs on large draft policy paper said that it will “set up Incubation centres (national centre of excellence) under scale. PPP mode with industry associations for supporting IoT industry.” “The centre of excellence (CoE) for internet of things (CoE-IoT) will host IoT incubation infrastructure to support startups, SMEs, students and other innovators based on membership Privacy and security and support from design to prototype in productising their ideas.” One of the major challenges will be to The CoE-IoT will be set up in major cities for IoT innovation housing hardware design tools safeguard privacy of individuals and including 3D manufacturing facilities, PCB manufacturing and PCB assembly, rapid prototyping, security of data. In a typical IoT setup, wireless development kits, application sensors, software tools, training on specific technologies, the data will be recorded by multiple industry interface, etc. that otherwise would be difficult to afford for the startups, democratising players: M2M service provider, tele- the innovation process. com service provider and devices. The A lab may cost `35 crore to `50 crore, a senior industry leader, aware of the public-private roadmap document notes: “The inter- partnership, said. Half of the fund will come from DeitY and other half from Nasscom. The CoEs net of things M2M will enable creation will be set up in Bengaluru, Chennai, Pune, Ahmedabad and Delhi, said the industry leader. The of wealth of information covering vari- focus area of each of these labs will vary. CoE Bengaluru will work on smart buildings, as the real ous aspects of economy and society estate is exploding in and around the city. with its potential use for public welfare While the Chennai centre will focus on smart manufacturing, Pune centre will take up as well as giving rise to privacy con- automotive. Given the market opportunity, all bigger technology providers – Intel, Honeywell cerns of individuals.” It also lays focus and Cisco, among others – are reaching out to startups, offering their chips, sensors, routers, on use of genuine IMEIs in devices by gateways to the solution developers. The lab will be made available on pay by usage model. M2M service provider. “Existing IMEIs Academia will be an important stakeholder. Senior industry experts will also visit the lab. guidelines for handset will be appli- It is interesting to note that the department of telecommunications in its road map for cable in case of M2M devices as well,” M2M communications talk about setting up a centre for innovation “to support manufacturing says the document. growth in telecom vertical in holistic manner”. The centre for innovation will 1) develop model According to Alhadeff of US-India experimental M2M network, 2) implement pilot projects and 3) new application developments. The centre may be set up independently under the ambit of DoT. The centre will be responsible Business Council, risk and benefit both for coordination among various government bodies, regulators and standards bodies, should be taken into account while for- establishment of model experimental M2M network and rollout of pilot projects and research mulating safeguards. Since the level of and development, application development and support. sensitivity of information varies from case to case basis, the safeguards for privacy should be proportionate to the of last mile network are Wi-Fi, Zigbee, monitoring device would also prob- kind of risks involved. For example, in- Z-Wave and 6LoWPAN. Device speci- ably like their devices to have a some- formation flowing in an IoT network fications have to be designed accord- what higher priority than other data used for agricultural purposes is not ingly. There is also a need for interop- traffic in the mass of mobile communi- sensitive; the risk of data leakage or erability between software (what is cation on new year’s eve,” the telecom- network hacking is low. Industrial in- referred as application layer). munication department reasons in the ternet, on the contrary, poses great risk The quality of service (QoS) of ma- roadmap. This task of setting QoS will to trade secret. “We have security is- chine to machine communications also be done by the telecom regulator TRAI. sues around it but not privacy,” says Al- needs to be defined. In some cases the Another major hurdle is lack of hadeff. In the case of internet of things allocation and retention priority (ARP) testing and certification facilities for solution deployed in the healthcare, which determines the priority that a IoT devices. The healthcare sector is the information is of sensitive nature device gets or maintains connectivity flooded with wearable devices for and there is an utmost need for privacy in the case of congestion in the net- measuring blood sugar, ECG, blood safeguards. “It is a challenge for regu- work, could be lower while in others pressure, etc. There are also digital lators to formulate a privacy policy it could be higher. “For example, seis- devices which are not connected with which is contextual, flexible to imple- mic sensors need to be able to warn the internet – most of it come from Chi- ment and yet credible in implementa- against earthquake, even in the event na. The DoT, in its roadmap, said, “To tion,” explains Alhadeff. n that earthquake results in congestion achieve the objective of M2M products in the network. Patients with a heart certification, the existing facilities of [email protected]

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Connected Sensors When machines and humans become one Internet of Things is not just a technological utopia. It’s an integration of human faculties with artificial intelligence and issues emerging from it have to be debated openly

ashish asthana

R Swaminathan of the human and the digital worlds in distinction. It asserted its sovereignty a stark manner. The genetic sequenc- over the biological sample referring to ing of the strain was made possible by the rarely quoted Convention on Bio- a collaborative effort involving scien- logical Diversity, an international trea- nternet of Things (IoT) is here and tists, laboratories, World Health Organ- ty signed in 1992. Interestingly, Indo- rapidly evolving. It also has its isation (WHO) and several countries, nesia asserted no rights over the actual far horizons that haven’t dawned including Indonesia. The decoding of sequence freely allowing it to be stored upon us explicitly. If one looks at the virus would not have been success- in the open source GenBank, allowing those areas with some foresight, it ful had it not been for a suite of digital pharmaceutical companies to devel- isI clear that IoT is going to pose some technologies and platforms that helped op medicines, antidotes and vaccines. really deep questions to us soon. A sam- break down what is an essentially a bi- Once Indonesia threw the Pandora’s ple is illustrative. During the H5N1 out- ological product (virus) into a series of box open China also stepped in. Sur- break a few years back Indonesia did numbers and patterns (information). prisingly, China did not assert its hold something that brought out the ques- In the battle for who owns what and on the biological sample, but was quite tions arising from the fuzzy meshing at what level, Indonesia made a crucial insistent on getting credit and some

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sort of scientific and academic control web is a piece of code that’s indepen- public and private space and machine- over the sequence itself. The human ge- dently creating a framework of choices assisted daily life. nome project raises more complex set for us. Human beings have a right to The third issue is about common of questions on the same trajectory. In make informed choices, and more so in protocols, open standards and blue- itself the project is biological given that a democracy. It’s time that we start de- prints and open source codes. Internet the fundamental starting point is our bating the question of informed choice of Things is as much about internet as it gene. But in decoding the gene as an in- in the backdrop of artificial intelli- is about build-it-yourself ecosystem. 3D formational pattern the project is firm- gence, human-machine-code-chip inte- printers are just about beginning to ex- ly in the realm of bits and bytes and the grations and the real and distinct possi- pand the horizons of what you can do digital world. bility of artificial sentient intelligence. within the four walls of your house. Ad- This tangled world of digital technol- The second issue is not as existen- vanced medical research institutions ogies and human beings is also Internet tial as the first one, but still is a funda- have already started experimenting of Things, though we haven’t conscious- mental challenge to the way our world with using the printers to produce or- ly accepted it in our daily life. Our un- is currently structured. Internet of gans, albeit in a rudimentary manner. derstanding of IoT today is more in the Things in its full bloom is going to be The concept of large scale factories and nature of a technological utopia where machines will start talking to others of their kind, and humans will start mov- This tangled world of digital technologies and human beings ing beyond their human limitations by integrating machines with their bodies. is also Internet of Things, though we haven’t consciously Think of Google Glass or maybe an im- accepted it in our daily life. Our understanding of IoT today plantable Google chip in your head in the future. The direction that this new is more in the nature of a technological utopia where world is taking has implications. It will machines will start talking to others of their kind, and soon lead to a situation where the tra- humans will start moving beyond their human limitations by ditional distinction between inanimate and animate worlds will blur. It would integrating machines with their bodies. be good to apply our minds to three complicated issues that are bound to arise with increasing frequency as In- pan-continental and geography agnos- industries may well get outdated over ternet of Things starts permeating our tic in a way that will be very difficult to the next three decades, with blueprints lives. control and contain. It can’t be walled commanding a premium. The big ques- The first issue arises from a funda- in either by private companies, govern- tion is: what happens to work and em- mental shift in intelligence. For the first ments or technological interfaces and ployment? It’s time that we start debat- time in human existence the world is at firewalls. Codes, algorithms, devices ing development in this new context. a cusp where an integrated bank of ma- and machines will enjoy unprecedent- The usual contours of debate in terms chines, devices, codes and algorithms ed autonomy and independence, so of economic growth, social sustainabil- can very nearly match conventional much so that they will decisively enter ity, ecological friendliness and carbon human intelligence and in the near the realm of human decision making footprint can be seen in completely future surpass it. It isn’t in the realm and often take it over. The Google driv- new light with the emergence of Inter- of science fiction anymore. Raymond erless car is much an example as the re- net of Things. One may feel that such is- Kurzweil calls it ‘Singularity’, while cently unveiled driverless metro train sues are too far down the lane to start Nick Bostrom and several Transhu- in Delhi. The big question is: what hap- a debate now, more so when certain manists call it ‘Superintelligence’. The pens to human judgement? Collective basic issues like toilet facilities haven’t 2010 High Frequency Trading (HFT) human intelligence that we as commu- yet been resolved to anyone’s satisfac- crash in the New York stock exchange nities have understood and practiced is tion. Imagine if toilets were debated 50 where algorithms created an indepen- undergoing a drastic change. Collective years back. We wouldn’t be scrambling dent set of transactions without any hu- judgement is increasingly being taken for cover today when the IoT is right at man intervention crashing the bourses over systems that have the ability to our doorsteps. n is a clear case in point. The big question autonomously make decisions. The hu- is: how long can humans keep control? man intervention in such an emerging Swaminathan is director (strategy) of Our decisions are increasingly getting scenario is more in the nature of mak- Azim Premji Philanthropic Initiatives intersected by machines, codes and al- ing possible choices from the decisions (APPI). Views expressed are personal and gorithms. We may not acknowledge it already pre-decided in an algorithmic do not reflect APPI’s position. He is also as such, but any personalisation and manner. It’s time that we start relook- fellow of National Internet Exchange of customisation that we encounter on the ing seriously at questions of privacy, India (NIXI).

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Conference Report

GST regime, are we ready? The conference discussed transition from current tax system to goods and service tax in the country

GN Bureau VR Ferose, senior vice president, Answering queries on dual assess- Head Globalisation Services, SAP Labs ment, Shashank Priya, commissioner, LLC (Palo Alto), highlighted the need of central board of excise and customs he corporate landscape for a robust IT network for the success of (CBEC), said that the rigour of control goods and service tax (GST) is GST in the country. “According to the for small tax payers should be less. rapidly evolving with the pro- World Bank report, India ranks 158 for “Possibly there will be one point of in- T posed amendments and is ex- ease of tax payment. GST will be the terface for tax payers up to 1.5 crore,” pected to impact the tax structure, tax biggest reform since 1947 which will he said. With respect to physical inter- incidence, tax computation, utilisation subsume indirect tax levies, integrate face, taxes will be collected on behalf and reporting leading to a complete state economics and give a boost to of the central government and the overhaul of the current indirect tax GDP growth. Integration of technology state government. So government offi- system. Keeping this in view, Gover- will make a seamless transition for cor- cials would be responsible for the final nance Now along with SAP India or- porate India,” he said. analysis and correct collection of taxes. ganised a GST India Forum to discuss Neel Ratan, partner, government Therefore, there is a possibility that about the GST reforms in the country and public sector, PwC India, moderat- both state and central agencies are re- in May in Delhi. ed a panel discussion on ‘GST Regime: sponsible for scrutiny of the returns. In Over 450 organisations and 1,500 Are we ready?’. The panelists discussed case of dispute either state or the centre participants were present at the con- about various concerns related to new will decide on issue of showcause no- ference. The forum discussed about rules of the new tax system, prepared- tice. However, we are looking at differ- the impacts GST would have on the ness of micro, small and medium en- ent laws, hence, CGST would be enact- business processes across various in- etrprises (MSMEs), availability of tech- ed by the union government and SGST dustries. Arun Subramanian, VP, glo- nology platform to cope with the new by individual state legislation. IGST balisation services, SAP Labs India system and capacity building for the would be enacted by parliament. In- gave a brief overview of the GST. new tax regime. dividual officers who are empowered

64 GovernanceNow | July 1-15, 2015 A Click Into Gov NEXT Digital Governance

under the Act can only do the adjudi- system for GST. Therefore, we are tak- and help them in complying with GST,” cation assessment. This is definitely ing a platform-based approach, which he added. something we have to look at as to how essentially means that you can come Arun Subramanian, vice president, to reduce the rigour. Similarly for au- to our portal for certain activities. At SAP Labs, said, “We are prepared with dit function, one has to look at how two the same time we are trying to develop a platform for small and medium en- tax officials do not visit the same entity an ecosystem where we will open cer- terprises along with large enterprises. in the same financial year for auditing tain open APIs for SAP, Oracle or Tally We have two solutions for small seg- the same books of accounts. As a result to exchange information. Also we are ment one is non premise solution and we have to have some sort of coordina- expecting large companies, using these other is cloud based solution, which tion between state and central govern- software, can take an automated mod- are affordable.” ment officials. Also, the dispute reso- ule so that they don’t need to come to Another session on ‘Getting Ready lution systems, the audit systems, and our portal, which will reduce the over- for GST Implementation’ was hosted assessment systems are to be worked all load on the portal. by Manjusha Nair, senior director, out in a manner which is least burden- “We are also designing the system in globalisation services, SAP Labs India. some for the tax payers. Some changes such a way so that it is able to take dou- Harishanker Subramaniam, national are needed in its mechanism to make it ble load during peak hours. We are also leader - indirect tax services and part- less strenuous. trying to make sure that not only large ner EY LLP, discussed a tax payer’s per- Talking about transitional provi- companies but also smaller companies spective on the GST implementation in sions he said, “We have some experi- are able to use our system. We also in- India. Delivering the keynote address ence of transition when we moved to tend to appoint ‘GSTN Suvidha Provid- Vijay Sethi, VP, CIO & Head - CSR, Hero VAT and I think certain provisions for ers (GSPs)’ for assistance,” he added. MotoCorp Ltd gave seven mantras for refund or carrying fund will be made. While giving advice to prepare CIOs to ensure a smooth transition to When we moved from performance MSMEs for GST, Dr HP Kumar, former GST. credit to VAT system, we also had some CMD, NSIC, said that out of 93 percent Migration from TAXINJ to TAXINN

Harishanker Subramaniam VR Ferose Vijay Sethi transitional provisions under the rule of micro enterprises probably seven – a pre-requisite for GST – was pre- 57H, so we will take from our experi- percent are registered and this is a big sented by Shankar Prabhu, senior IT ence and will try to provide for a tran- number as it represents 35 lakh micro manger, Hindustan Unilever Ltd and sition period where the credits can be enterprises, which are on their way to A G Thejes, product owner and de- taken over and be rolled over the new preparedness for GST. With little guid- velopment architect, SAP Labs India. system. But we have to work out the ance and information, MSMEs can be Presentation on ‘Vendor Credit Rec- details and mechanics. We are con- prepared for this big change. “I would onciliation – The business need and scious that this should not lead to great suggest if a small ERP, which is utilised the solution proposal’ was given by deal of difficulty for the tax payers.” by these small enterprise can be pre- S M Kulkarni, VP, corporate sales tax, Talking about the GSTN’s prepared- pared which is cost effective and user Mahindra & Mahindra and Richard ness for handling gigantic information friendly then GST will be accepted by De’souza, VP, Head of IT, Mahindra & that would trickle in, Dr Vimal Goel, the larger companies. Making their life Mahindra Ltd. n EVP, GSTN, said that in the absence of comfortable can help them in under- exact data it is difficult to design the standing the whole GST environment [email protected]

www.GovernanceNow.com 65 On a personal NOTE Jeet Thayil Basso Cannarsa Writer and Musician

Jeet Thayil, an Indian poet, novelist, librettist and musician, is well known for his first novel, Narcopolis that won the DSC Prize for South Asian Literature and was also shortlisted for Man Booker Prize and Hindu Literary Prize. He has worked as a journalist in Mumbai, New York and Bengaluru. Nowadays he focuses more on music and says no real musician likes to sleep at night. A master’s in fine arts from Sarah Lawrence College (New York), Thayil is the recipient of several grants and awards from the New York Foundation for the Arts, the Swiss Arts Council, the British Council and the Rockefeller Foun- dation. In 2012, Thayil’s poetry collection These Errors are Cor- rect was given the Sahitya Aka- demi award for English.

Poetry to me is: Emotion recollected My biggest regret: I have not worked wiser. in tranquillity. on any real writing in a long time My favourite piece of art: The two I daydream about: I get lost in a line My idea of comfort food is: Raw paintings by Francis Newton Souza or a sentence actually heard or read. fish. I love Sashimi that I own My favourite book: Not Chairman My biggest challenge so far: Quit- My fitness regime: I lift red wine Mao’s little red book where he noted ting heroin glasses from the table with both down his thoughts My biggest weakness: Jealousy, hands My biggest fear: It changes from day possessiveness My favourite beverage: Red wine, to day. Right now it is swine flu My favourite quote: Yes the first black beer and black coffee My idea of spirituality is: Green ab- time to the world. No the second time The person I despise the most: I am sinthe 70 percent or black absinthe 80 perhaps. not that forgiving but I try to be percent The sound I find soothing- The I want to be remembered as: We My biggest inspiration: My father sound of a typewriter will die and everyone who love and (journalist TJS George). He worked no Right now I am busy with: Travel- care about us will die. I am sure I will matter what. He could be surrounded ling and playing music not be remembered after I die. by chaos but would still keep working I describe myself as: I am still as and finish what he was doing confused as I was in my 20s. I am no As told to Puja Bhattacharjee

66 GovernanceNow | July 1-15, 2015