A REPORT ON TWO WORKSHOPS Montreal • Thiruvananthapuram

UNPACKING PARTICIPATORY DEMOCRACY From theory to practice and from practice to theory

1 Acknowledgements

Part A. Unpacking Participatory Democracy: An Overview

I. Unpacking Participatory Democracy: A Review

II. Culture and Democracy

Part B. Detailed Reports of the two Workshops

III. Unpacking Participatory Democracy From Theory To Practice: The Montreal Workshop (November 2016) • Executive Summary • Details of Workshop Discussions

IV. Unpacking Participatory Democracy From Practice to Theory: The Thiruvananthapuram Workshop (30 Jan 2017 - 1 Feb 2017) • Executive Summary • Details of Workshop Discussions CONTENTS

2 3 Acknowledgements he two workshops would not have been We are also grateful to the Chief Minister and This document rests on the excellent possible without the financial support of Chief Secretary of the Government of Kerala, summaries and reports of Moyukh Tthe Erin Jellel Collins Arsenault Trust. the Institute of Management and Governance Chatterji and Suchi Pande of the Montreal (IMG) Thiruvananthapuram and the Tata and Thiruvananthapuram workshops. I want to acknowledge the generous support Institute of Social Sciences (TISS), Mumbai S. Anandalakshmy, Siddhartha and Nikhil Dey of time and help from Sonia Laszlo, Iain Blair for support in Thiruvanathapuram, Kerala. We helped with putting all the writing together. and Sheryl Ramsahai at the ISID, McGill would like to thank IMG for their affectionate Vinay Jain did the designing of the report and University and McGill Centre for Human hospitality and Dr. Parasuraman & TISS for the booklets, McGill, Anurag Singh and Taru Rights and Legal Pluralism. The efficient the offer to help with emergencies. A heartfelt for the photos. Finally, Laxman has helped support of Ayesha Vemury who helped manage “shukriya” to the Panchayats we visited, their with putting the report in a correct format and the workshop efficiently, and Sara Mehboob elected representatives and officials. collating the photos. helped in many ways, including making the link between the class and co-ordination with I would like to acknowledge the support We would like to specially thank the rapporteurs, both Research Assistants to of the Director of ISID, Sonia Laszlo for S.M. Vijayanand (then Chief Secretary, the 2016 Professor of Practice. Thanks to the attending the Kerala workshop, and her deep Government of Kerala) for his support and professional efficiency of Stewart McCombie appreciation and support to a workshop held suggestions all through. A very big thanks to and the film unit in McGill, for an excellent job on the other side of the Globe. participants who traveled miles to reach us filming the proceedings. and a special thanks to those who attended to I would like to acknowledge the hard work the logistics of both the workshops. Thanks to Nandini Ramunjam, Centre for and untiring cheerfulness of Ira Anjali Anwar, Human Rights and Legal Pluralism, McGill Research Assistant for the Kerala workshop, Aruna Roy University, Montreal. Thanks also to Vrinda the team from the School for Democracy (SFD) Narain, Assistant Dean, Faculty of Law, and the Mazdoor Kisan Shakti Sangathan McGill University for her support in many (MKSS), the Kerala Unit of the NCPRI and invisible ways, and giving me time and space friends who gave unstinting time. A big for discussion on many issues. Thanks too thanks to the staff and students of TISS, for to Phil Oxhorn for inviting me to be the 2016 reapportioning and to Cheryl D’souza for Professor of Practice in ISID, McGill. coordinating the effort. Thanks to Anurag Singh and his team from “Rough Cut”, for A special thanks to Patrick Brennan for getting support with film documentation. in touch with the Elder from Kanien’kehá:ka Otsi’tsaken, whose invocation made all the difference to the context of the workshop in Montreal by bringing in the voice of the people. I would like to extend my deep appreciation to the students of my class at McGill University Montreal for being the inspiration, bringing in energy and hope into the workshop with their intelligent participation and rapporteuring skills. 4 5 PART A UNPACKING PARTICIPATORY DEMOCRACY: AN OVERVIEW

6 7 The Context The Workshop Framework: The UPA (I) government came to power I. Unpacking Montreal to Thiruvananthapuram in 2004 and promised the people (and the Participatory runa Roy was invited to teach a campaigns by inference) the implementation seminar course as the 2016 Professor he campaigns to demand freedom from of many of their demands in a document Democracy: Aof Practice at ISID, McGill University. poverty, corruption, hunger and tracing called the “National Common Minimum This was, amongst other things an Tit to secrecy and lack of accountability Programme” (NCMP). This document was a A Review acknowledgement of the role that she, and of oppressive governance, began a new phase set of promises of legislations for the social her organisation – The Mazdoor Kisan Shakti in the history of the role of social movements sector published and placed in the public Sangathan (MKSS) played in the successful and people in the formulation and passage domain like a joint manifesto- and accorded people’s campaigns which led to pro-people of legislation in India. It promoted dialogue as much importance. The Government set up legislations being passed in the Indian between people on one hand, and the political the National Advisory Council (NAC), Chaired parliament in the period between 2004 establishment and the government on the by Sonia Gandhi (President of the Congress and 2014. other, on fulfilling obligations to citizens – party), to monitor and ensure that these particularly, those who had been marginalised promises were realised. The NAC consisted of The context of this report is the two part in a representative democracy framework. a small group of civil society members from workshop – “Unpacking Participatory Most of these promises were made with campaigns as well as other eminent people Democracy: from Theory to Practice” – independence - in 1947- and later in 1950 - economists, members of parliament, and based on Aruna Roy’s seminar course with India’s proclamation of the Republic. representatives from different sectors - to join on, “Transparency, Accountability and They remained mere platitudes for large the NAC and help in the implementation of Participatory Governance – Lessons from sections of Indians, despite every successive these sets of promises. People’s Movements in India”. government, which made and remade policies and attempted administrative reform. The rights based legislations that emerged The position of the Professor of Practice, Economically and socially marginalised from this unique set of circumstances, and which formed the basis of these workshops people and communities remained where institutional platforms, could trace their is an ingenious concept, and an ‘inclusive’ they were, and failed to access long promised roots to decades of struggles for participatory approach to the idea of development, and livelihood, dignity, and freedom from democracy, and people’s rights. However, the democratic concerns. The fault lines in endemic hunger. The quest for the reasons fact that the policy and legislative framework contemporary democracies can be addressed and solutions resulted in peoples’ campaigns drew upon this body of experience in a only if there is a conscious examination of organising from the grass root to parliament, deliberate and concerted manner between the dialectic between democratic concepts, and a growing understanding that real 2004 to 2014, allowed the polity a sense and actual practice. As a result, an interesting democratic governance (participation) is of what could be the results of looking at series of people concerned with public action a key in transforming constitutional and democracy through the lens of ordinary and policy have been professors of practice in legislative promise to delivery. citizens. It underscored the peoples’ role in ISID. Aruna Roy was the first person from a defining policy and legislative priorities. The continent other than North America, invited The Right to Information campaign and legislations have contributed both in etching to occupy the position, and as a result many the successive campaigns for employment, a new architecture for enabling people to of the important democratic practices of the forest rights, food, against discrimination participate in the process of drawing up countries and people from the ‘global south’ and violence on women amongst others, legislations, and demonstrating the role of have become part of what is a continuing and introduced a new phase in the people driven citizenry in shaping democracy. Peoples’ developing discourse. This report further legislative history, in India. It deepened campaigns and their engagement with the establishes and underscores the importance democracy- by including participatory NAC and the government – contributed to of this platform of learning. It is therefore not democracy, as a way of keeping representative the changing political discourse, which led in just an endorsement of the ‘Position’ in ISID, politics transparent and accountable. The turn to the drafting of the final legislations McGill but, also is a suggestion for many dialogue between people and the political and their passage. The trajectory of these law other universities to consider this practice as establishment led to redefining democratic making processes had implications for forging critical to the building of democratic thought processes from the level of local government a new relationship with power and making it and theory. to the federal government in New Delhi. more equitable.

8 9 The campaigns for the Right to Information experiences, and critique points of view, Closure of politics – what this economic paradigm threatens is the steady (RTI) and the Mahatma Gandhi National Rural in a rainbow of varied perceptions. These undermining of the politics of democracy. Any political formation with Employment Guarantee Act (MGNREGA) perceptions together expressed the strength an alternative agenda which de-links itself from globalization becomes defined the specific illustration of the potential and challenges of democracy, set as they are financially insolvent. People do not have the choice when it comes to basic role of social movements in the policy in the shadow of an emergent and restricted materialistic conditions of life. Inclusive mass movements are difficult to framework, within the Fall Semester course, definition emerging from the USA, in India sustain. There is atomization of the people. designed by Aruna Roy. The course traced and in many other democracies. The sceptre Prabhat Patnaik the struggle, the advocacy, the engagement of democratic structures being divorced Professor Emeritus JNU with governance and the emergence of the from people by the ruling elite has become movement. It demonstrated to some extent, tangible. In contemporary politics, the use of the role citizenry could play in shaping rhetoric to deny substance, using techniques participation are plenty. They could be invoked structures for promoting secular dialogue, legislation, and how democracy could be of advertising and the market, has become a by denying the right to freedom of expression inequalities in livelihood, access to platforms more participatory, and examined ‘political practice across countries. and dissent, the nerve centre for democratic of dialogue, inequality in decision making participation’ beyond the vote. Transparency protest, dissent and difference. New methods, and restricting questioning - the right to and accountability in governance began to Essentially the two workshops looked at of the denial of participation have been dignity as freedom from want. The widening be defined along with people. It logically democracy beyond the vote. It accepted manufactured. The state uses double speak; hiatus between the rich and the poor, market ended with planning policy and detailing that voting is political participation at its the rhetoric is the ending of corruption, but and welfare are denying participation by legislation. In other words, practice shaped narrowest, but understood that voting affects actually technology is used for control, denying exclusion. Exclusion could be through theory. This became the deeper context of the the formal institutions of democratic power in transparency. language, inaccessibility, failure of the system two workshops held to explore the nature of disproportionate ways. of representation, lack of transparency and democratic participation, in Montreal and in The opacity of governance increases manifold accountability, promotion of structures of Thiruvananthapuram. When people begin to understand the when it hegemonises information and then feudalism, or increasing bureaucratic and nature of the democratic polity, demand draws boundaries for entry. When confronted governance restrictions and controls. Shiv Visvanathan, in casual accountability from their representatives, it invokes bogies of terrorism and security, conversation described the workshop in and assert participation in decision making, sedition and nationalism, to dumbfound the The RTI has been and is one of India’s most Thiruvananthapuram as a remarkable conflict and contestation emerge as serious emerging voices of the unheard. In India, powerful tools to break this impasse. But “Intellectual Commons”. This description challenges. It could become a creative discrimination as denial of equality – caste, it is not the only one. Political structures could as easily be applied to the seminar process as in the passage of the rights based religion, gender, language, adds to the in the past including the much acclaimed in Montreal. In both places, a remarkable laws, or destructive in its denial – building restrictions on free speech and expression and “Peoples Plan” presented in Montreal by and well known set of theoreticians and a smoke screen of rhetoric while denying participation. Patrick Heller and witnessed by participants practitioners participated to analyse substance. Examples of increasing numbers of in Thiruvananthapuram in Kerala, offer contemporary developments, share restrictions on institutional and citizen based Participatory democracy in this context is alternative methods and processes of both an end and a process. It is in many ways participation. calling the bluff of the rhetoric and looking at Patrick Heller argued that the academic obsession with electoral democracy has the details of governance and exposing lack of In Montreal and in Thiruvananthapuram, normalized a competitive view of democracy, one that was most plainly visible in real intent. The success of the smaller efforts theoreticians – academics, political thinkers, the media coverage of the recent US elections; more spectacle, less substantive and the stone walling of larger issue is a case economists, policy makers – gathered participation. Unpacking the mechanisms of participatory democracy, Heller found in point. For instance the 6 million users of the with practitioners of democracy covering that most academics, especially political scientists, were interested in the aggregation RTI continue to ask questions and demand a large spectrum of interests. The range of preferences, but did not focus on the making and shaping of public preferences. answers, notwithstanding the malevolence of practitioners included the government He identified the public sphere (for instance, media and universities), party politics of the corrupt and the failure of the state to executives, who take or should take (that aggregate preferences) and the State (delivery) as important domains of protect them - 70 information seekers have responsibility to put theory into practice. participatory democracy. He further pointed out that even when parties begin as been killed so far. People and their movements form the crux of participatory social movements (for example, the Worker’s Party in Brazil), they fall practice. The workshops included and gave prey to the ‘iron law of oligarchy,’ turning into powerful oligarchical organizations. The rise of the non-secular and intolerant space to a variety of expression from the idiom Only a vigilant citizenry can guarantee that the state, the public sphere, political political discourse threatens constitutional of the indigenous people in Canada to the parties, and bureaucracies produce desirable results. promises. The victims have been institutional Dalits, Adivasis – tribals of India. The idiom

10 11 also included the written and spoken word, The Workshop in Montreal state. Like India, in Brazil, strong coordination but went beyond to cultural expression – between political parties and civil society led to invocations, songs and poetry. rganized only a few weeks after significant decentralization. The South African the US Elections, the mood at the example, however, illustrates that despite the The people from movements, acknowledged OMontreal workshop amplified the stark legacy of Left politics and strong institutions this space as an “equal playing field”, where contradiction between the principles and that could decentralize power, the dominant practice was accepted as an equal partner in results of democratic practice. This workshop political party (African National Conference) shaping the spirit and essence of theory – the sought to critically analyze and rethink the in South Africa embraced a technocratic vision basis of an equal democracy. relationship between participation and of democracy effectively demobilizing civil democracy today. At a time when democracy is society. Another reminder from Heller’s talk The curriculum of the 2016 fall course on universally touted as the only acceptable form was that it is often the quality, resilience, and Participatory Democracy taught by Aruna of government, it is curiously championed by depth of the political struggle that makes all Roy (as Professor of Practice at McGill both those who seek to curtail the rights of the the difference. University) drew on her four decades of marginalised as well as those who seek a more experience, of working with people on issues equal society. Participants also discussed cases from of democracy and development in rural India. Kenya and South Africa that illustrated how In particular, the struggle, campaigns, and Participants drew on their varied experiences international organizations are helping people resultant national legislations of two rights- to delve deeper into some of the debates on exercise control over the budget and policy. based issues – the Right to Information and participatory democracy within the context Taking scale into account, participants noted Employment. These two significant campaigns of contemporary electoral trends as well as that public participation must be a part of wove the intricate dialectic between struggle, from the perspective of some important gains transparency and formal consultations; often advocacy, campaign and movement that by social movements, collaborative state and transparency and formal oversight replace helped formulate and pass these legislations. civil society efforts at deepening democracy. genuine public participation in budgetary Many issues emerged during this process, Participants reflected on the contribution allocations. Brazil and India are examples of requiring creative and sustained democratic of younger democracies to theories on participatory democracy at the local municipal engagement. participation as well as the contribution and village level, respectively. However, both of popular mobilizations that produced these systems operate at sub-national levels, The students of my class looked at the actionable entitlements – such as the right to and the national government does not receive dialectic between theory and practice in the information and the right to work in India – to the same scrutiny via public participation. context of this Indian experience, to reflect expand democratic participation, beyond the upon and expand the boundaries of social vote. There was the shock and trauma, of a series and civil rights engagement. As a part of the of electoral victories of autocratic leaders, assignment, she was to design and hold an These reforms and legislation, in Patrick who openly challenged diversity and dissent. international seminar, which after discussion Heller’s words, expanded both the ‘surface area This affected academics and activists alike, with ISID was organized in two parts. The and the quality of state-society engagement’ and compelled participants to recognize the two inter-related workshops on “Unpacking in India. In his keynote address, Heller dangers of majoritarian tendencies that could Participatory Democracy”, organized in compared the relationship between political take over current democratic frameworks Montreal (November 2016), and Trivandrum, parties and civil society in Brazil, India and across the world. It also brought to the fore, Kerala (January-February 2017), were therefore South Africa. All three post-colonial states are the tensions that exist between representation connected to this course, as a part of the marked by deep inequalities but also a vibrant and participation. While participation has integral design of her assignment as Professor civil society. And all three challenge the idea a great deal of relevance to democratic of Practice. that democracies cannot take root in deeply deepening, it is also an implicit critique of unequal societies. Analyzing the Communist representative democracy: who speaks for party led efforts to mobilize the working class whom? And, taking a long historical view, in Kerala, Heller discussed successful attempts from the perspective of indigenous, black, and in India that have led to better local planning Dalit ‘second-class’ citizens within thriving and wider engagement of the public with the democracies, does the flourishing of certain

12 13 categories of citizens within democracies participants discussed the obligations of “Participation is no favour, it is a right” necessarily require the active subjugation states under capitalism, and whether and Naurti Bai, former Sarpanch, Harmara, worker, dalit and women’s and of others? Indigenous activists from the how democracy can help to restrain the democratic rights activist addressing the first plenary session. Kanien’keha territory, in Montreal contrasted inherently iniquitous concentration of wealth indigenous forms of democracy - that included and power that capitalism fosters. deliberation and consensus based decision making based on the active participation of the Drawing on the experiences of the “We live in a time of great uncertainty; the only certainty is that the system clan, and women, and included an inclusion MKSS, and the opening remarks of Elder can be organised to sustain equity not just politically, but socially and of natural elements such as water, forest, Otsi’tsaken:ra from Kanien’keha territory, economically as well.” animals, and the earth itself that sustained the the workshop discussions focused on Thomas Isaac, the Minister of Finance, Government of Kerala, who argued communities - with the exclusively individual building strong coalitions and resistance in essence for a critical need to make our society egalitarian, democratic, centric liberal democracy, arguing the latter to accumulation and concentration of participatory and transparent. There is no choice but to learn from practice; replaced a more inclusive, deliberative form wealth, and to demand redistribution. theories go back to experiences in practice. He said that it was necessary to with one that is perfectly compatible with the This meant confronting head on what put some of these ideas into democratic governance. This was the context genocide and forcible dispossession of the really goes on in different societies in the that we looked forward to in this deliberative workshop. indigenous people. name of ‘democracy,’ ‘participation,’ and ‘good governance;’ reviewing and critically In many places, participants noted that the analyzing ongoing efforts in different parts undoing of democracy comes packaged in of the world (from well-known cases like shiny neoliberal language of global investment, Porto Allegre, to other experiments in rural The Workshop in Kerala and victory, of the power of people. But it anti-corruption, efficacy and good governance, India, including the ‘Peoples plan’ in Kerala). essentially stated that music is also politics, as governments across the world dismantle There was a need to democratize existing he Kerala workshop worked as a and how culture is not just expression, but is a welfare and redistributive programs and structures of power and authority; but by natural extension to the discussions part of politics. policies, pitting those dependent on welfare carefully analyzing what works, for whom, Tin Montreal. The difference was in the programs against those who see them as and under what conditions, and learning larger presence of politicians and civil servants The visit to the local self government handouts. While the relationship between from mistakes, addressing unintended representing systems which operated policy (Panchayats) in Kerala to see democracy capitalism and democracy is a tense one, consequences, and enduring paradoxes and often enacted them, who were as much a in practice the next day was also critical. It involved in democratic practice. part of the workshop as activists from people’s highlighted the closest tier of government and movements. Practitioners and academicians governance for the ordinary citizen whose life from India and other Asian countries also had to change and whose problems needed participated and added to the richness of the addressing as the reason for deliberations on deliberations. Theoretical frameworks for democratic/economic policy and theory. participation both as institutionalized and non-institutionalized (people’s movements) The Institute for the Study of International processes were examined in the South Asian Development (ISID), McGill University, context. This workshop in contrast to the one Montreal organized the workshop jointly in Montreal attracted a much larger number with the Government of Kerala, the Institute of people, (150 against the 30 in Montreal) and of Management and Governance (IMG), included several breakaway sessions enabling Thiruvananthapuram and the Tata Institute more focused discussion on thematic issues. of Social Sciences (TISS). The Kerala Unit of the National Campaign for People’s Right The workshop convenors also hosted an to Information (NCPRI) and the School for evening on “Culture and Democracy”, bringing Democracy (SFD) provided academic and together practitioners of classical music, logistical support. a semi-classical choir with contemporary political lyrics, songs of support to campaigns The location of the workshop in Kerala, served and the music of people - folk music with as a link to discussions in Montreal and the political content. They sang of oppression case study presented by Patrick Heller, was a

14 15 tangible example of the theoretical discussions about the nature, the potential and challenges governments. In her inaugural address, in Montreal, and the practical context in of the peoples plan, and the effective running Aruna Roy, urged participants to reclaim the Kerala. It was interesting that Patrick Heller of local self-governments. term “participation” while, being aware of in Montreal and Thomas Issac and from the changing obligations of the state under the side of the bureaucracy, Vijay Anand, in With the background of Kerala’s people’s capitalist democracies. She urged participants Kerala were amongst the many protagonists plan experiences, the complementary roles to give serious consideration to the need for of the People’s Plan. Kerala is internationally of government bureaucrats, politicians and systemic change alongside independent civil acclaimed for decentralized planning, through civil society in ensuring just governance was society and grassroots efforts; and to creating True democracy, a prominent dalit rights the “people’s plan”, which subsequently discussed and critiqued. Participants agreed spaces for engagement that sanctify the right activist, noted, means meaningful and has become a part of Kerala’s governance that even a state apparatus fuelled by best to dissent and help steer governments towards sustained participation of minority groups framework and influenced Indian planning intentions has its fault lines; only practice an egalitarian and accountable direction. (Dalits, women, including ethnic and religious and policy. Citizens groups with sufficient and its constant vigil can keep democratic minorities). The roots of inclusion and organizational capacity and operational principles in place. Constant vigil requires The location of the workshop compelled the exclusion are as important as understanding autonomy also helped institutionalise the creating a space for people’s demands, participants to also acknowledge the uneven the democratic systems. The problem lies in people’s planning process, producing over 3 claiming spaces within the system to make experience of participatory democracy across the way constitutional bodies function and million participants.1 The location therefore governments work for all classes of citizens. India. Government officials, and political how stigma affects the marginalised from was specifically chosen, for the opportunity leaders from Kerala candidly discussed accessing the resources. Anand Teltumbde it afforded to the participants to observe and However, many participants felt that one the emergent challenges to decentralized stated that the society wants to change the conceptualize from visits to the panchayats of three central principles of democracy planning, and local self-governance: limited people itself instead of changing the mind set, – participation – has come to be seen as participation of lower caste groups, difficulty reducing the number of the excluded instead 1 Thomas Issac and P. Heller (2003), ‘Democracy and Development: co-opted, sanitized, and domesticated by in sustaining energy levels and widening the of including them in the process. Decentralized Planning in Kerala, in Fung, A. and E. O. Wright (eds) Deepening Democracy, pp 77-110. Verso: London agencies like the World Bank and national people’s plan, and threat of elite capture and corruption.

The discussions posed larger concerns about A Public lecture in Trivandrum Town to launch the event democratic institutions and practices within India. In a deeply segregated and highly Public Lectures have become an important and serious part of political unequal society like India, participants asked communication, and the workshop decided to collaborate with the Campaign for what does participatory democracy look Judicial Accountability and the NCPRI to commemorate the late Justice Krishna like from the perspective of marginalized Iyer, a legendary judge of the Indian Supreme Court and a rigorous intellectual groups in India? What is the track record of th and jurist from the State of Kerala, on the evening of the 29 of January 2017. representative, democratically elected local institutions in achieving just and equitable Gopal Gandhi, intellectual, writer and diplomat, and former Governor, of the development? State of West Bengal delivered a public lecture in collaboration with the NCPRI, to mark the occasion. The well attended lecture contextualised the need for public These marginalized groups experience deliberation on policy, and the need for participation. The imaginative title of structural discrimination and systemic the lecture brought in people’s concerns with electoral poltics and governance: exclusion in society when they are forced “Who rules India - Parliament, Gram Sabha or None of the above (NOTA)”. The to clear dead carcasses from our streets; lecture unpacked democratic malaise, and the contemporary disaffection with in schools where children continue to be democratic practice. The trajectory of the lecture drew a picture of systemic segregated in classrooms; in access to basic failure, and concluded that parliament, local self governance and the vote for services like food and health, and in a sense ‘none of them’, were in all honesty to be replaced with – “India is ruled by money, of danger of bodily harm such as rape and fear and corruption”. If democracy had to survive, its principles of participation lynching, on a daily basis. Together with lack in governance by people – through engagement with a transparent and of robust accountability systems, decades accountable system was vital for its survival and health. Gopal Gandhi stressed of institutional impunity, and the danger of the importance of independent institutions who were empowered and mandated middle classes in state and in society defining to protect democratic principles. 16 17 However, the discussions also brought out Conclusion that power vested in these constitutional authorities/officers is only effective if it t was interesting that throughout the can be exercised. An Election Commission, two workshops participants saw both the “Today after 16 general elections the for example, that allows a resolve for the Icreative potential, and the creative tension Civil society organizations with sufficient government is as autocratic as it can be. India construction of a temple in a party manifesto, between the elected representative and peoples organizational capacity and operational is still in the nursery of the Republican spirit. is clearly weak and ineffectual. The discussion movements. autonomy to resist co option by the state, and It is a healthy democracy but a weak Republic. on constitutional authorities was widened the involvement and contribution of the Kerala The peoples’ majority must rule, as they to include larger concerns about the ruling The nature of participation in the two Shastra Sahitya Parishad (KSSP) sustained are the keepers of the democracy while the party’s attempts at historical revisionism workshops – like democracy itself, was varied the decentralization process, working constitution is the maker.” through distorting historical records, and brought in diverse interest groups: some together with the political establishment. rewriting history. of whom were from historical/traditional In successful cases neither can be effective Gopal Gandhi adversarial groupings or positions. The two without the other. This interplay between local The Indian Constitution, as in other workshops were interesting because all the government and civil society organizations countries, was the result of rigorous debates participants made an effort to genuinely listen are crucial. This is sometimes referred to that incorporated an inclusive perspective and understand to persons with whom them as the paradox of participation – that as the the priorities and needs for the marginalized, with protective provisions for marginalized would not normally agree. As one participant bodies of local governance are strengthened, the promise of democratic rights and freedoms groups in Indian society. But current efforts remarked, it was interesting to see the Finance the greater is the need for political will and continues to elude these marginalized at historical revisionism and questioning Minister in conversation with the Chief stronger the motivation at the centre to populations. Thus, despite Kerala’s success the relevance of the judges’ interpretation Secretary and people from the movements sustain decentralization and monitor its with decentralized planning, participants were of constitutional guarantees, poses a direct with a sense of equality and willingness implementation. urged to think about further democratizing threat to the fundamental principles on to listen. The remarkable thing about this society in Kerala, and the rest of India. which democracies are organized. A check workshop was also that the principles of John Harriss on the creeping authoritarian tendencies democracy – dissent and disagreement – were Referring to the success of the Peoples Plan The challenges of social disability and of India’s ruling party is possible through all seen in action. Technology either viewed hierarchy in Indian society emerged as larger robust constitutional institutions, their with mistrust or glorified as a solution to concerns. Some speakers also expressed faith independence, and the need to “popularize” all evils in governance, was analyzed and in the structure of the Constitution and the the constitution. critiqued. The new scepters of governance as role that officers of the Constitution can play demonstrated by the UID, AADHAR a nd the in a situation of legislatures going haywire. shrouded battle to fight transparency through The former Governor of the state of West the rhetoric of openness to technology and Bengal, India reminded participants that The paradox and dilemma of democracy is its real ability to lend itself to centralized despite the results of global elections, people that today’s status quo was a hard earned control all found space in the discussions. must not lose faith in electoral politics or the right fought from the French Revolution Discrimination, whether of indigenous people right to vote. The latter he said is the struggle onwards. The vote may today be coloured in America, or of dalits and minorities in India of long-term popular struggles and is not a and disfigured by the nature of global – were all seen through the prism of culture choice but as “fundamental as breathing.” elections, but for the people of India, it and politics. It was not therefore a surprise Elections he reminded participants is a “right” remains the one single link with governance. when in Montreal the workshop started with and not a “gift” and the power to choose The loss of faith in the process will harm the the invocation by Elder Otsi’tsaken:ra from leaders and representatives is in our hands. people more than we can imagine. Kanien’keha territory. The Kerala workshop Therefore, despite the rise of the global right, Shiv Visvanathan took the metaphor further in talking about we must not lose faith in elections, and how the culture will be the new battleground remember that constitutional authorities for both realizing the full potential for like election commissions and information democracy as well as being targeted by the commissions – in the case of RTI – are the dominant power elite. Marauding capitalism gatekeepers of our democracy and should be comes in the form of decisions imposed strengthened by our cooperation. upon people by a ruling elite – it could be

18 19 Indigenous activist from Kanehsatà:ke displacement because of atomic plants, he over arching contemporary Mohawk territory (Canada), Ellen Gabriel, mining, forced divorce from livelihoods – II. Culture and definitions of democracy, which emerge reminded the workshop that liberal democracy and it undermines democratic participation, Democracy Tfrom a perversion of its principles kept is perfectly compatible with the genocide through the undemocratic takeover of land coming back to haunt the workshops. It forced and forcible dispossession of the indigenous and natural resources, against the will of the us to recognize and admit that practice of – in Canada, India and the US. Not only people. democracy as equality and liberty today stands that, but liberal democracy has been slowly under threat. destroying the lives, cultures, and languages of These interesting debates and discussions are indigenous people since its inception. Gabriel recorded in the minutes. The individual voices One of the dilemmas facing the practice said that indigenous forms of democracy articulate their positions with clarity, and the of democracy and its inevitable impact on (deliberation and decision making) have debates show that participatory democracy principles and theory is the use of concepts existed long before the Europeans arrived. needs to work within the framework of a arising from categories of exclusion. Most of It was based on the active participation of democratic consensus. these categories arise from traditional beliefs, the clan, and women, and included not just often from prejudice, irrational and feudal, humans but also the water, forest, and earth The language of practice, or more accurately hierarchical frameworks of organizing society. that sustained the communities. Gabriel its idiom is generally lost in its translation/ Modern democratic theory and practice, has compared these features of indigenous abstraction into theory. In the course of the been corroded by these insidious narratives decision making with the current patriarchal, five days in Montreal and Kerala, the discourse and discourse. For many, the manifestations of and racist, liberal democratic system, of which kept a fine balance between the organic choice through the vote, electing leaders who the indigenous have become a part; but a part expression of practice and the structured have beliefs which undercut the principles of that does not make its own decisions and faces expression of theory. democracy, has come as a surprise. These have everyday state violence. sprung out of the wood work to dismantle the As Sonia Laszlo said in her concluding belief in the linear progress of freedom, liberty remarks, “Do not end here. This has been a and equality, defined by the call to the people long process. Please continue this conversation of France in 1789. with everyone. Communicate with us as well. Participatory democracy needs more and more The class Aruna taught at McGill debated the participants. Try to share the tangible and role of culture in making just the opposite intangible results of this workshop with us.” happen. The inter-active deliberations went through the extensive dialectic between theory and practice, in which an important subset was the political expression of people through

The worst is that the culture of fear is producing the culture of silence, where no democracy can survive, and no justice can prevail. It is the business of people who after all define democracy to focus our persistent attention on discriminatory practice and narratives, to unpack them and disabuse people of false histories and narratives. We must begin with an acknowledgement that the culture has to change. It is a continuing debate, with governments, people, and communities. Harsh Mander

20 21 culture. In narrowing down theoretical These are the voices of the poor and way we treat the people around us, the rivers, By my woeful Allah understanding only to the written word, marginalized people, people who needed to the mountains and the earth. Dissolve into the poster child for a Western Hindu and further restricted by language idiom feel recognition, trust and understanding in democracy. and non-inclusive platforms of sharing order to engage themselves in this political In sunny Kerala, the workshop was (Only) Ira Anjali information, dramatically reduce the scope journey. Adopting their cultural idioms is interrupted by the shooting in Quebec As Baba hangs like a phantom limb, his legacy of democratic debate. The two workshops key to establishing this relationship and city as we remembered the assassination Buried in the graveyard of shamed memories. in including a large spectrum of interests encouraging the poor and marginalized to of MK Gandhi on 30th January 1948. Abba jaan, my gently aging old man and idiom sought to address this issue. In share their own analysis. Therefore, culture On the evening of January 29, 2017, at You held my hopeless palm Kerala many languages, idiom, class, caste enables movements to reach a larger number the Islamic Cultural Centre of Quebec City When I could hardly stand and religion intertwined to take cognizance of people and it is the starting point of their “six people were killed and 18 wounded after Now I only stumble- of, and deliberate on understanding this empowerment through new democratic a gunman opened fire at a mosque in Québec Surrendering you name. aspect of the human psyche, which plays functioning. City”, in an act condemned as a “terrorist ………………………………….. an important role in democratic political attack”. More than 50 people were at the Tired eyes reciting Iqbal and Faiz choices. Cultural practices not only set up the Québec City Islamic cultural centre, also I cannot listen anymore baba conditions for an exchange of ideas, they also known as the Grande Mosquée de Québec, for (This Urdu is my poison, I must lay you to rest) This concern found its way into the two invite new ways of thinking to appear. Cultural evening prayers on Sunday when shooting …………………………….. workshops as well. The report would be practices challenge pre-established notions erupted in the two-storey building. The US Developing dams like our borders, incomplete without reference to this of knowledge production, often conceived as government issued instructions to restrict He asked for their name. important concept. one sided. Culture on the contrary enables a entry of Muslims. From me, today, he just takes yours. real dialogue to take place between those who I would like to quote from the final term make the cultural medium and those who In an emotionally charged and The swell of intolerance has come as a shock paper of Aude Raffenstein, Public Policy receive it. As this collective analysis progresses politically concerned atmosphere in to many. There was an assumption till the program at McGill: from both sides, the cultural productions can Thiruvananthapuram, Ira Anjali Anwar, was early 90s, that India would continue to live evolve as well to incorporate the new insights invited to share her evocative poem on her in comparative harmony, the memories of “People’s movements are inherently and push the conversation even further. There predicament - inequality arising from her a blood- drenched partition (of India and embedded in these webs of significances that is, therefore, a virtuous circle constantly mixed parentage. Ira’s personal predicament Pakistan), and the assassination of Gandhi compose people’s realities. The challenge is leading towards liberation of people and ideas. goes from the personal to the political and by a Hindu extremist, would be a deterrent. to understand and use these ideas, customs, More precisely, it will deal with the various reflects on some of India’s contradictions. The Nehruvian era did much to allay the fears and social behavior intertwined with arts and ways in which culture acts as an agent of Her name had to relinquish “Anwar” to of minority communities. Ira’s poem brings other manifestations of human intellectual politicization.” protect herself from being ghettoized and in contemporary India and looks at the bleak achievement to carry out participatory discriminated. future, with irony and pathos. democracy. In order to offer a space for The unscheduled contemporary challenges to participatory democracy, the people’s democracy, such as election results, attacks on Often, perched on impossible thoughts amidst CK Mathew, former civil servant and Chief organization had to make sure that all voices religious spaces and forced inequality through unflinching nights Secretary, Rajasthan had this to say, “I got could and would be heard. These are the social regression supported by a silent state, I (try) and weigh these advertised crimes of Islam back to Bangalore on Wednesday evening after voices of the poor and marginalized people, kept intruding into the secluded space of the Against my name being completely blown away by the workshop people who needed to feel recognition, workshops. It reminded us that the challenges (You see) there is always this shame at Trivandrum…A life time in government trust and understanding in order to engage have to be met in action and in theory. of the blood running through his veins completely inures you to the sensitivities of the themselves in this political journey. Adopting As he delivered his boyhood soul world around and though I prided myself in their cultural idioms is key to establishing The Workshop in snowbound Montreal began To take up arms instead, to rip and behead, they say being a little bit more sensitive than the others this relationship and encouraging the poor with a very powerful invocation by Elder Look, his oil soaked hand, he must’ve been born of my ilk, the complexities of India and the and marginalized to share their own analysis. Otsi’tsaken:ra from Kanien’keha territory. a terror. manner in which it was expressed through the Therefore, culture enables movements to It reminded us strongly that the people who So when you ask me who I am; voices of the different speakers, really struck reach a larger number of people and it is the were unrepresented in the discussions also I cannot lose myself in the paradoxes of identity and me as the most important take away from the starting point of their empowerment through had the right to self-determination, to choose wonder how one ever knows such things workshop. It was a complete privilege for me new democratic functioning. their model of development in harmony with Instead to listen to, and also talk to, the participants nature, where equality and justice are in the I offer you that half of me yet untainted there. At the beginning it was Gopal Gandhi

22 23 who brought the lump to the throat and at the end it was the young Ira who made me want to weep.”

The Kerala seminar included music and poetry as expression of politics, the evocation of the human spirit through music, as a means of indoctrination and influence has been understood by humankind for millennia. It also has an equal role to play in interacting with people to understand their politics and political expression if democracy is rightly understood as a people’s tool to regain space and power for the greater common good.

Musings on Music Unpacking the links between Culture PART B and Democracy DETAILED REPORTS

Music, as political message for sharpening Third Thought: It is possible to speak truth to OF THE TWO WORKSHOPS awareness of realities and as vehicle for power, by singing truth to power. social cohesion has assumed tremendous importance in movements. T M Krishna and Sangeetha Sivakumar have charted a new course in the ocean of Shankar Singh, a people’s communicator and classical music. One song that stood out was MKSS activist, with his inimitable wit and “Poromboke”, the environmental protest to the acute political observation, had the audience destruction of the fishing villages of Ennore participating – with raised fists. in North Chennai. It was set to a classical First Thought: Even in dealing with the worst Ragamaalika pattern and conveyed the of corruptions in the system, humour helps to message vividly and with humour. heal. The sense of the absurd is a must, to tide Fourth Thought: Art is not elitist, neither is us over rough times. the use of a language or a genre, exclusive. For any event to function efficiently, every All boundaries are permeable. We share a participant must know his role and the exact common humanity and can set our pulses to a timing. common beat. Second Thought: Once a plan is made, the leader leads and the others follow. A group is stronger than the sum of its members. Vinay Mahajan and Charul Bharwada are the wandering bards of today, creating original lyrics and tunes and capturing the sadness of inequality and injustice, yet bringing to the listeners, the prospect of hope, tenderness and caring.

24 25 UNPACKING PARTICIPATORY DEMOCRACY III. From Theory To Practice: The Montreal Workshop (NOVEMBER 2016)

Executive Summary Dr. Moyukh Chatterjee Postdoctoral Researcher, ISID, McGill

he two-day workshop on participatory within with a new urgency for some. But the McGill. The spirit of MKSS and the clarity Main Findings democracy was held in the dark workshop was a reminder that for the many, if of the words of Elder from Kanien’keha Tshadow cast by the rise of elected not the majority, the present moment is part of territory steered the workshop towards Decolonizing Democracy authoritarian regimes that speak in the a longer struggle against dispossession – from an even stronger commitment to building hinking beyond the recent US elections, name of the people to cast aside many of one’s land, culture, language, and way of life. coalitions and resistance. While the report and taking a long historical view, and the cherished liberal values associated with In many places, this undoing comes packaged does not provide unambiguous answers to inspired by the voices of indigenous democracy. At a time when ‘democracy’ is in shiny neoliberal garb as states across the the questions raised during the workshop, T activists in Canada, the workshop recognized universally touted as the only acceptable global South and North dismantle welfare it takes seriously the challenge posed by that liberal democracy has subjugated form of government, but championed by and redistribution policies in the language each participant. Coalitions and forms minorities and preserved profound both those who seek to curtail the rights of global investment, anti-corruption, and of resistance may or may not use the inequalities. Thus, the current moment is of the marginalized, as well as those who good governance. It was also a reminder that languages we have used so far. Indeed, opportune to listen to those who have been seek a more equal society, this workshop social movements like the MKSS in India this is an opportune moment to pause and battling electoral democracy and its war on sought to critically analyze and rethink the have been engaged in expanding the circle of understand what really goes on in different the land, climate, and the marginalized. It is relationship between participation and those who are involved in decision making societies in the name of ‘democracy,’ here perhaps that participation becomes a democracy today. and creating mechanisms for people to come ‘participation,’ and ‘good governance;’ key aspect of democratic rule, and critically together and demand their rights. All this is to review and critically analyze ongoing examine the mechanisms and processes that At the outset, we want to emphasize that to ask: What happens when the vote delivers efforts in different parts of the world (from allow vast sections of society to be outside Trump’s America is hardly exceptional, majoritarianism? How do we understand the well-known cases like Porto Allegro to the purview of decision making. Who speaks when viewed from inside Modi’s India, marginalized aligning with anti-worker and lesser known experiments in rural India) to for whom? And does the flourishing of some Erdogan’s Turkey or Putin’s Russia – or anti-poor regimes? What does participatory democratize existing structures of power within democracies necessarily require the from the perspective of indigenous, black, democracy mean in deeply unequal and and authority; to see what works, for whom, active subjugation of others? and Dalit ‘second-class’citizens within hierarchical societies in both the global North and in what conditions, and then also learn thriving democracies. Perhaps the rise of and the global South? from our mistakes and bring up failed For instance, the indigenous in India, brazen democratically-elected authoritarian attempts, unintended consequences, and Canada, and the USA have been systematically regimes raises the question of how to However, despair and apathy did not set the enduring paradoxes involved in democratic excluded, in large part, from decisions that resist this undoing of democracy from tone of the discussions and conversations at practice. have an impact on their everyday life. All this

26 27 while elections come and go. For this reason, Democracy beyond Elections Models, Experiments, and Movements the workshop emphasized the importance of emocracies are of course much hat forms of activism and politics public participation – whether in the form of more than elections, but the popular can promote participatory forms protests, social audits, legal interventions, the Dobsession with elections, many Wof democracy? Many speakers courts – that is the need of the hour. But with a speakers noted, has limited and impoverished analyzed MKSS’s success in infiltrating the constant vigilance. To ask: who participates? If our understanding of public participation. government of the day and introducing the middle-class, international organizations, Elections make democracy seem more like wide scale reforms that were opposed by and state-supported institutions, and NGOs an event, and less like an active process many inside and outside the state apparatus. speak in the name of civil society, then perhaps that it is and indeed must remain. Public Reforms and legislation that, in Patrick we need new collectivities to express the campaigns and political struggle, examples Heller’s words, have expanded both the concerns of those who are never invited to like MKSS show us, can have much more surface area and the quality of state-society these gatherings. As Parasuraman pointed out, impact on actual distribution and allocation engagement in India. In his keynote address, it is mostly the middle-classes that assemble of resources, than perhaps a single election. Heller compared the relationship between under that banner in India. Taking a different Heller noted that an obsession with elections political parties and civil society in Brazil, view, Heller argued that civil society has played reduce people’s participation to watching a India and South Africa. All three postcolonial a key role, especially in the global south, to competitive sport. Post-election analyses of states are marked by deep inequalities but also push toward reforms and decentralization that democracy and regime change can lead to a vibrant civil society. And all three challenge political actors and the state usually oppose. short-sightedness; an inability to see the deep the idea that democracies cannot take root This pushed the panel to consider novel and and structural problems with current forms in deeply unequal societies. Analyzing the creative forms of association and rethink our of liberal democracy: the corporate control Communist party led efforts to mobilize the notions of what is civil society in different over mainstream media; the ambiguous working class in Kerala, Heller discussed world contexts.The workshop indicated the effects of social media that often polarizes successful attempts in India that have led to need for new forms of coalitions that allow the debates; and the long-term effects of human better local planning and wider engagement poor and the marginalized to come together development on environmental degradation. of the public with the state. Like India, in and demand accountability. Both indigenous speakers in the workshop Brazil, strong coordination between political reminded the panel that liberal democracies’ parties and civil society led to significant obsession with ‘the human’ and its disregard decentralization. The South African example, for the water, animals, wind, and the earth however, illustrates that despite the legacy that sustain human life threatens the cycle of of Left politics and strong institutions that life beyond any particular election and political could decentralize power, the dominant regime. Likewise, deep inequalities within our political party (African National Conference) societies – caste in India and race in the US, in South Africa embraced a technocratic vision and class in both contexts – produce enormous of democracy effectively demobilizing civil obstacles for people, who in Tess Tesalona’s society. Another reminder to be kept in mind words, have “expertise without authority” to is that it is often the quality, resilience, and influence policy in democracies habituated to depth of the political struggle that makes all listen to only certain voices and interests. the difference.

28 29 Details of Session I: Examining contemporary theories a common cause different those organized speaks in the name of ‘civil society.’ Taking a of participatory democracy around workers. Economic disempowerment view from the global South, he emphasized Workshop Discussions may lead to new types of participatory that different kinds of people assemble under Patrick Heller, Professor, Sociology and movements and demands for rights. Taking the umbrella of civil society; in Hanoi, it International Studies, Brown University, the example of MKSS, Harriss said that social may be international organizations and in U.S.A. audits are a powerful mechanism for decision Bangladesh they may be government officials, making, and if it is enshrined in law, then and in India it is often the middle-class. John Harriss, Professor, School for these practices become even more powerful, International Studies, Simon Fraser and allow for participatory democracy. Challenges: University, Vancouver, Canada 1. How can we come together under new Patrick Heller argued that the academic collectives? S. Parasuraman, Director, Tata Institute of obsession with electoral democracy has Social Sciences, India and Professor, School normalized a competitive view of democracy, 2. What forms of participation alter the power for International Studies, Simon Fraser one that was most plainly visible in the media structure and how? University, Vancouver, Canada coverage of the recent US elections - more spectacle, less substantive participation. 3. Is there a tension between representation Discussant: Patrick Brennan, Executive Unpacking the mechanisms of participatory and participation? Director, Institute for the Study of democracy, Heller found that most academics, International Development (ISID), McGill especially political scientists, were interested 4. If who participates matters as much as much University, Montreal, Canada in the aggregation of preferences, but did not as existing mechanisms for participatory focus on the making and shaping of public democracy, then how can we include Moderator: Nandini Ramanujam, Professor, preferences. He identified the public sphere traditionally excluded groups (for instance, the Faculty of Law, McGill University, Montreal, (for instance, media and universities), party indigenous in Canada)? Canada politics (that aggregate preferences) and the State (delivery) as important domains n this opening session, academics from of participatory democracy. He further USA, Canada and India situated the pointed out that even when parties begin as Icurrent moment of right-wing politics participatory social movements (for example, and participatory democracy within a longer the Worker’s Party in Brazil), they fall prey political and cultural history. John Harriss to the ‘iron law of oligarchy,’ turning into reminded us that the twin crises of war powerful oligarchical organizations. Only (WWII) and the Great Depression in the a vigilant citizenry can guarantee that the 20th century produced both social democracy state, the public sphere, political parties, and and fascism. In the US, it was Roosevelt’s bureaucracies produce desirable results. response to the Great Depression – the New Deal – that led to a something like the welfare According to S. Parasuraman, the essence state. Harriss said that the prospects of social of participatory democracy is altering the democracy are bleak today. For instance, in power structure. To do so requires both the case of the Scandinavian countries, we see the redistribution of power and building a highly organized working class and greater the capacities of the marginalized. This, in social justice. But this came out of specific turn, is based on people’s awareness of what broad political movement that included both is happening to them and the resources to farmers and capitalists, and organized labor move of a particular situation. And this is was central to this process. Currently, recent why information and education are key to trends in labor markets have eroded organized informed participation. Speaking from his labor, however, this context of reduced labor experience across different world areas, rights can lead to citizens uniting behind Parasuraman asked us to scrutinize who

30 31 Session II: Representation and Participation: apparatus or an elected politician raise public Session III: The Limits of Theorizing: The Constitutional and Legal Framework issues?” Speaking on behalf of MKSS, Nikhil Perspectives from Peoples’ Movements and Dey said that this experience made them realize Campaigns Suzanne Legault, Information Commissioner that there was no concept of ordinary citizens of Canada, Ottawa, Canada influencing policy. Dey emphasized that the Hussein Khalid, Executive Director, Muslims poor also theorize – sometime in the canny for Human Rights, Kenya Nikhil Dey, Founder-Member, MKSS, NCPRI, slogans that articulate their demands, like and SR Abhiyan (Rajasthan), India “Hamara paisa, Hamara Hisab” (Our Money, Vivek Ramkumar, Senior Director, Policy, Our Accounts). When people learned that MKSS International Budget Partnership Tom Blanton, Director, National Security is asking officials for information, they told Archives, George Washington University, them that they would never get the information. Ellen Gabriel, Indigenous Human Rights Washington D.C., U.S.A. But the movement that started from a small hut Activist, Kanehsatà:ke Mohawk Territory, in Rajasthan led to the Right to Information Quebec, Canada Discussant: Marlihan Lopez, Intersectionality Act in 2005. And then further efforts led to Committee, Federation des femmes du Quebec the National Rural Employment Guarantee Discussant: Dolores Chew, Program Director, Act, which is opposed and diluted by the South Asian Women’s Community Centre Moderator: Sonia Lazlo, Director, Institute current regime in India, but the accountability (SAWCC), Montreal, Canada for the Study of International Development mechanisms put in place by social movements (ISID), McGill University, Montreal are still there. Using the example of MKSS, Dey Moderator: Catherine Lu, Associate Director, emphasized that persistence and struggle can Institute for the Study of International his panel analyzed the various lead to large-scale changes in policy. Development (ISID), McGill University, dimensions of the right to information Montreal, Canada Tand its capacity to expand participation Finally, Tom Blanton reiterated the importance and representation in India, Canada and of information to changing power relations in hat does participatory democracy of their efforts, the system by which most the USA. The panelists showed that the North America, India and Latin America. He look like from the perspective of the money for constituency development question of information – who has it, who can pointed out that the government is a diverse Wof indigenous activists? How was siphoned off to the friends and family demand it, and who can refuse to share it – is and differentiated space, where some parts do social movements build mechanisms to of elected officials was suspended by the fundamentally about power. of the government are often unaware of what democratize governance? Following the spirit government. Using creative methods, like is happening elsewhere. And the Trump may of the workshop that helped practitioners, asking people to dress in a certain color to Susan Legault used an example of how be in control of the government, but not all activists, and academics to listen, learn and be protest against public issues, HAKI is trying to political parties and the police tried to scuttle parts of the state. In the US, the rise of the inspired by each other, this session presented raise local awareness about public issues. the Right to Information Act in Canada to security state means that security-crats have an extensive account of the structural violence show the importance of resilience and ethics free reign over any government, regardless against indigenous people in Canada. And Ramkumar, speaking on behalf of the in civil society efforts. Despite her best efforts of ideology. But there are also bright spots. In case studies from Kenya and South Africa that International Budget Partnership (U.S.A), to bring out information regarding the Long- Paraguay, 12 generals were convicted because illustrated how international organizations are described successful attempts by social Gun Registry Act, the RCMP and political of documents that proved their planning in a helping people exercise control over the budget movements to use the law against the state to parties delayed and frustrated the right to political assassination. The current political and policy. influence its budget policy. When the South information process, but she continues to moment, especially the election of Trump, has African government claimed that the HIV / struggle against such encroachments from the potential to politicize the youth in the US. Khalid, speaking on behalf of HAKI (Africa), AIDS programs were unaffordable, the HIV a personal and political conviction about a human rights organization in Mombasa, campaign took the government to court and democratic values. Challenges: Kenya, described how local decentralization won. But often transparency and formal 1. How do we tackle illiberal structures of the exacerbated widespread corruption in Kenya. oversight replace genuine public participation When the founders of MKSS began asking modern state that endure beyond particular HAKI used public protests and social audits, in budgetary allocations. Public participation questions on behalf of poor workers and regimes? inspired by MKSS in India, to mobilize must be a part of transparency and formal farmers in India in 1987, people questioned local communities on monetary matter, consultations. Brazil and India are examples of their locus standi. They asked Dey, “Why 2. How do we deal with misinformation and especially in the decisions made on behalf of participatory democracy at the local municipal should someone who is not part of the state spin? communities by the government. Because and village level, respectively. However, both

32 33 these systems operate at subnational levels, Session IV: Moving beyond the rhetoric: Making a distinction between practical (safer Session V: Impact of movements on and the national government does not receive Lessons and experiences stoves for women) and strategic (structural democratic governance the same scrutiny via public participation. changes) feminist claims, Goetz notes that Kenneth Winston, Lecturer in Ethics (retired), many politicians are happy to use practical Rajesh Veeraraghavan, Assistant Professor, Indigenous activist from Kanehsatà:ke Harvard Kennedy School, Harvard University, claims to mobilize voters, but this achieves Georgetown University, Washington D.C., Mohawk territory (Canada), Ellen Gabriel, U.S.A. little long-term change. U.S.A. reminded the workshop that liberal democracy is perfectly compatible with the genocide Anne Marie Goetz, Professor, Center for Using the example of how an online Mukelani Dimba, Executive Director, Open and forcible dispossession of the indigenous Global Affairs (CGA), School of Professional application allowed poor citizens to drastically Democracy Advice Centre (ODAC), South – in Canada, India and the US. Not only Studies, New York University, New York, improve the quality of drinking water services Africa that, but liberal democracy has been slowly U.S.A. in the DRC, Fredrik Galtung argued that open destroying the lives, cultures, and languages of consumer feedback improves governance. Renata Terrazas, Researcher, Fundar Centro indigenous people since its inception. Gabriel Fredrik Galtung, President, Integrity Action, Transferring the public and open format of de Analisis e Investigacion (FUNDAR ) said that indigenous forms of democracy London, U.K. the feedback (for instance, consumers writing (deliberation and decision making) have reviews of products on Amazon.com) used Discussant: Pearl Eliadis, Law Office of Pearl existed long before the Europeans arrived. Discussant: Roger Rashi, Campaigns by companies like Amazon and Trip advisor Eliadis, Full Member, Centre for Human It was based on the active participation of Coordinator, Alternatives, Montreal, Canada to matters of local governance like water Rights and Legal Pluralism, and Lecturer, the clan, and women, and included not just and roads, can help citizens to participate in Faculty of Law, McGill University, Montreal, humans but also the water, forest, and earth Moderator: Toby Mendel, Executive Director, improving local infrastructure. Arguing that Canada that sustained the communities. Gabriel Center for Law and Democracy, Halifax, welfare schemes in many parts of the world are compared these features of indigenous Canada ‘designed to fail,’ Galtung made a persuasive Moderator: Warren Krafchik, Executive decision making with the current sexist, case that technology in certain contexts can be Director, International Budget Partnership, patriarchal, and racist liberal democratic hat can a focus on ethics, gender, a valuable aid in fighting corruption. Washington D.C., U.S.A. system, of which the indigenous have become and technology yield for activists a part; but a part that does not make its own Wand movements? Challenges: his session highlighted issues of decisions and faces everyday state violence. 1. What role can technology play in deepening scale, politics, and societal inequality Kenneth Winston described his understanding citizens’ participation in everyday governance? Tthat activists face when they begin to Challenges: of the MKSS as a model to understand implement participatory mechanisms, like What can we learn from the indigenous the role of ethics in public life. According 2. What is the role of ethics and ethical modes the social audit and the right to information peoples’ critique of liberal democracy? to him, democratic institutions are those of action in circumstances where doing the act, in different parts of the world. This panel How can we decolonize democratic theory and that go beyond ordering people what to do right thing does not guarantee the right ends? raised many critical issues about ‘participation’ practice? (bureaucracy) but help people make their own as a category itself. Who participates? And is decisions and an openness to heterogeneity. it always at the cost of another group? Who But he also cautioned that doing things the sets the rules of how marginalized sections right way does not guarantee that you get the participate? In the words of the discussant, right thing. Pearl Eliadis, “participation is not value-free.”

Ann-Marie Goetz’s attention to gender Rajesh Veeraraghavan discussed a case as a measure of participatory democracy study of how social audit unfolded in Andhra highlighted the public and private divide. Pradesh, India, to highlight the danger of For instance, women can be included in high dominant groups (like upper castes in India) government positions without changing the co-opting mechanisms of participatory entrenched patriarchy within domestic spaces. democracy. Describing his experience of How, then, do we test women’s participation? attending a social audit meeting in 2012, And what are feminist claims? Especially when organized by the A.P. state government, he race, color, class, and religion significantly pointed out that small details like the location shape women’s experience of democracy. and timing of the audit, as well as who

34 35 organized it, were key factors in determining Stressing the difference between long-term Session VI: Challenges of participatory understand, for instance, the re-election of what social audit looks like in practice; indeed, and short-term strategies, as well as a micro democratic practice notoriously corrupt politicians? According to these details are crucial if the social audit and macro changes, Teltumbde emphasized him, people consider corruption an irritant is to be more than yet another bureaucratic the importance of aligning participatory Abha Sur, Professor, Women and Gender and are quick to condemn it, but that does exercise. Who decides where will audits be democracy with more radical political Studies, Massachusetts Institute of Technology, not mean that it is systematically understood held? And at what time? Can Dalits attend struggles otherwise short term efforts can Boston, U.S.A. or tackled. And the mainstream definition of a social audit meeting in an upper-caste bring temporary relief to communities and corruption ignores the cultural patterns of neighborhood? What can bring competing allow them to forget deeper issues like caste. Rakesh Rajani, Director, Civic Engagement and how corruption is perceived and mobilized political factions to attend a social audit? Who Government, Ford Foundation, Washington in different contexts for very different ends. should run the audit? Civil society, NGOs, D.C., U.S.A. However, tackling problems like corruption, the state, political parties, or community Challenges: according to him, are integral to confronting leaders? What does ‘community’ mean in 1. The category of participation needs to be Alejandro Salas, Regional Director of the how bribery is ingrained in the structure of Indian villages segregated by caste? And what approached critically, that is historically and Americas, Transparency International, Berlin, electoral politics. are the implications of such meetings if they politically. Who participates? How? Where? Germany are mostly attended by men? Raising such When? These questions are inseparable from Marie Wilson, Commissioner of the Truth and questions can help activists to understand the those sections of society who are structurally Discussant: Eliane Ubalijoro, Professor of Reconciliation Commission (TRC) of Canada intended and unintended consequences of excluded from participation. Practice, Institute for the Study of International (2009-2015), used the example of the TRC as an participatory processes. Development (ISID), McGill University, experiment in participatory democracy. The 2. Participation is a political process in so far Montreal, Canada TRC was designed to address the structural Speaking from her experience as a researcher as it does not treat all participants equally. So violence and discrimination against the at FUNDAR (Mexico), Renata Terrazas said how do activists make sure that participation Moderator: Vrinda Narain, Professor, Faculty of indigenous population in Canada. Legislation that we must look at processes and stories that does not become another mode of reinforcing Law, McGill University, Montreal, Canada like the Indian Act explicitly deny indigenous are not successful as critical models to analyze the status quo? people equality in Canada. Historically, what works and what doesn’t at different n the general spirit of the workshop, Abha the residential school system, like colonial levels within a democracy. What works at the Sur said that building a social movement practices elsewhere, treated indigenous people national level may not work at the regional Iis primary to deepening democracy. Her as savages, forcing them to adopt the modes level and vice-versa. For instance, governments interest in participatory democracy began with of thought and habits of white men. In this are far more accessible to lobbyists and select her participation in multiple struggles that sense, White supremacy is the foundation civil society organizations than marginalized characterized the 60s and 70s – like the anti- of democracy in Canada. Some of this has communities. And even the passing of laws Vietnam movement and the feminist movement. been challenged by the largest class action is sometimes easier than changing public Perhaps it is movements like Black Lives Matter in Canadian history, when 8,000 indigenous policy on certain issues, and there is always and the rising anti-Trump agitations in the US people approached the courts. But the TRC is the danger that state officials can take over that will politicize a new generation. In this way, not an event, but an ongoing process that is participatory structures. the election of Trump, as many speakers pointed public and affects all Canadian institutions. In out, may become an important political moment this way, TRCs can play an important role in Anand Teltumbde discussed the issue of when liberals rethink the meaning and future of educating the wider public about the structural participation and democracy from the Western democracy by participating in public violence and inequality that pervades liberal perspective of Dalits (ex-untouchable protests. Sur argued that the feminist concept democracies. castes) in India. According to him, the Dalit of intersectionality (the interconnected nature movement is a cautionary tale about the of race, class, and gender as they empower or Challenges: dangers of short-term ‘participation’ that disempower specific individuals and groups) 1. What issues and questions can bring broad reinforces long-term exclusion and violence. is especially important in the current political coalitions of people together to protest or even For example, constitutional efforts to abolish moment to build social movements. care about everyday governance? caste via affirmative action also consecrated caste. And political struggles are not always The next speaker, Alejandro Salas, described 2. What does participatory democracy look like aimed at the state, sometimes the target is the the paradoxes of fighting something as messy in a ‘post-truth’(Oxford Dictionaries Word of Hindu caste society, like in the case of Dalits. and complicated as corruption. How do we the year, 2016) world?

36 37 1. Abha Sur, Professor, Women and 12. Kenneth Winston, Lecturer in Ethics 24. Sonia Lazlo, Director, Institute for the List of Participants Gender Studies, Massachusetts Institute of (retired), Harvard Kennedy School, Harvard Study of International Development (ISID), in the Montreal Workshop Technology, Boston, U.S.A. University, U.S.A. McGill University, Montreal

2. Alejandro Salas, Regional Director of the 13. Marlihan Lopez, Intersectionality 25. Suchi Pande, Scholar in Residence, Americas, Transparency International, Berlin, Committee, Federation des femmes du Quebec Accountability Research Center, American Germany University, Washington D.C., U.S.A. 14. Mukelani Dimba, Executive Director, Open 3. Anne Marie Goetz, Professor, Center for Democracy Advice Centre (ODAC ), South 26. Suzanne Legault, Information Global Affairs (CGA), School of Professional Africa Commissioner of Canada, Ottawa, Canada Studies, New York University, New York, U.S.A. 15. Nandini Ramanujam, Professor, Faculty of 27. Toby Mendel, Executive Director, Center Law, McGill University, Montreal, Canada for Law and Democracy, Halifax, Canada 4. Aruna Roy, Founder-Member, MKSS and NCPRI, India, and Professor of Practice, 16. Nikhil Dey, Founder-Member, MKSS, 28. Tom Blanton, Director, National Security Institute for the Study of International NCPRI, and SR Abhiyan (Rajasthan), India Archives, George Washington University, Development (ISID), McGill University, Washington D.C., U.S.A. Montreal, Canada 17. Patrick Brennan, Executive Director, Institute for the Study of International 29. Vivek Ramkumar, Senior Director, Policy, 5. Catherine Lu, Associate Director, Institute Development (ISID), McGill University, International Budget Partnership for the Study of International Development Montreal, Canada (ISID), McGill University, Montreal, Canada 30. Vrinda Narain, Professor, Faculty of Law, 18. Patrick Heller, Professor, Sociology and McGill University, Montreal, Canada 6. Dolores Chew, Program Director, South International Studies, Brown University, U.S.A. Asian Women’s Community Centre (SAWCC), Montreal, Canada 19. Pearl Eliadis, Law Office of Pearl Eliadis, Full Member, Centre for Human Rights and 7. Eliane Ubalijoro, Professor of Practice, Legal Pluralism, and Lecturer, Faculty of Law, Institute for the Study of International McGill University, Montreal, Canada Development (ISID), McGill University, Montreal, Canada 20. Rajesh Veeraraghavan, Assistant Professor, Georgetown University, Washington D.C., 8. Ellen Gabriel, Indigenous Human Rights U.S.A. Activist, Kanehsatà:ke Mohawk Territory, Quebec, Canada 21. Renata Terrazas, Researcher, Fundar Centro de Analisis e Investigacion (FUNDAR ) 9. Fredrik Galtung, President, Integrity Action, London, U.K. 22. Roger Rashi, Campaigns Coordinator, Alternatives, Montreal, Canada 10. Hussein Khalid, Executive Director, Muslims for Human Rights, Kenya 23. S. Parasuraman, Director, Tata Institute of Social Sciences, India and Professor, School for 11. John Harriss, Professor, School for International Studies, Simon Fraser University, International Studies, Simon Fraser Vancouver, Canada University, Vancouver, Canada

38 39 UNPACKING PARTICIPATORY DEMOCRACY However, participants felt that one of experience structural discrimination and three central principles of democracy – systemic exclusion in society when they IV. From Practice To Theory: participation–has come to be seen as co-opted, are forced to clear dead carcasses from our sanitized, and domesticated by agencies like streets; in schools where children continue The Thiruananthapuram Workshop the World Bank and national governments. to be segregated in classrooms; in access to (30 JANUARY – 1 FEBRUARY 2017) In her inaugural address, Aruna Roy, urged basic services like food and health, and in a participants to reclaim the term participation sense of danger of bodily harm such as rape while, being aware of the changing obligations and lynching, on a daily basis. Together with of the state under capitalist democracies. lack of robust accountability systems, decades She urged participants to give serious of institutional impunity, and the danger of consideration to the need for systemic change middle classes in state and in society defining alongside independent civil society and the priorities and needs for the marginalized, grassroots efforts; and to creating spaces for the promise of democratic rights and freedoms engagement that allow/tolerate dissent and continues to elude these marginalized help steer governments towards an egalitarian populations. Thus, despite Kerala’s success and accountable direction. with decentralized planning, participants were urged to think about democratizing Indian Executive Summary Participatory Democracy in India society. Dr. Suchi Pande The location of the workshop also compelled The challenges of social disability and participants to also acknowledge the uneven hierarchy in Indian society emerged as larger he Kerala workshop worked as a Kerala’s Unique Experiment with Participatory experience of participatory democracy across concerns, but some speakers also expressed natural extension to the discussions in Democracy India. Government officials, and political faith in the structure of the Constitution Montreal. State actors were as much leaders from Kerala candidly discussed and the role that officers of the Constitution T the emergent challenges to decentralized can play in a situation of legislatures going a part of the workshop as activists from The location of the workshop in Kerala was of people’s movements as well as practitioners practical relevance. In Kerala a strong political planning, and local self-governance: limited haywire. The former Governor of the state of and academicians from India and other South party created the necessary conditions for participation of lower caste groups, difficulty West Bengal, India reminded participants Asian countries. Theoretical frameworks for decentralize planning, civil society groups with in sustaining energy levels and widening the that despite the results of global elections, participation both as institutionalised and sufficient organizational capacity an operational people’s plan, and threat of elite capture and people must not lose faith in electoral politics non-institutionalised (people’s movements) autonomy helped institute the people’s planning corruption. or the right to vote. The latter he said is the processes were examined in the South process, producing over 3 million participants.1 struggle of long-term popular struggles Asian context. The workshop also included The discussions poses larger concerns about and is not a choice but as “fundamental as breakaway sessions dedicated to a more With the background of Kerala’s people’s democratic institutions and practices within breathing.” Elections he reminded participants focused discussion on thematic issues. The plan experiences, the complementary roles India. In a deeply segregated and highly is a “right” and not a “gift” and the power to workshop convenors also hosted an evening of government bureaucrats, politicians and unequal society like India, participants asked choose leaders and representatives is in our on ‘Culture and Democracy,’ bringing together civil society in ensuring just governance was what does participatory democracy look hands. Therefore, despite the rise of the global practitioners of classical music, musicians discussed and critiqued. Participants agreed like from the perspective of marginalized right, we must not lose faith in elections, and highlighting stories of marginalization and that even a state apparatus fuelled by best groups in India? What is the track record of remember that constitutional authorities people’s struggle against oppression as well as intentions has its fault lines; only practice and representative, democratically elected local like election commissions and information activists using theatre and puppetry in popular its constant vigil can keep democratic principles institutions in achieving just and equitable commissions – in the case of RTI – are the struggles for livelihood and social justice (See in place. Constant vigil requires creating a space development? gatekeepers of our democracy and should be box 1). for people’s demands, claiming spaces within strengthened by our cooperation. the system to make governments work for all True democracy, a prominent dalit rights classes of citizens. activist, noted, means meaningful and However, the discussions also brought out sustained participation of minority groups that power vested in these constitutional 1 Thomas Isaac and P. Heller (2003), ‘Democracy and Development: (dalits, women, including ethnic and religious authorities/officers is only effective if it Decentralized Planning in Kerala, in Fung, A. and E. O. Wright (eds) minorities). These marginalized groups can be exercised. An Election Commission, Deepening Democracy, pp 77-110. Verso: London

40 41 for example, that allows a resolve for Drawing on the vibrant non-party political ‘pernicious’ and ongoing attack on RTI’ from the campaign donors. Thus, transparency the construction of a temple in a party sphere participants shared their experiences the judiciary and other constitutional bodies. within the political parties is of the utmost manifesto, is clearly weak and ineffectual. from the perspective of different people’s Since its enactment in 2005, the Indian importance. Political parties since 2009, have The discussion on constitutional authorities movements and campaigns – against judicial establishment has tried to dilute the resisted the RTI. They must not be allowed to was widened to include larger concerns nuclear power plants, women’s movement, applicability of RTI to courts and the judicial say “We are not under the RTI, we don’t have about the ruling party’s attempts at historical right to work and right to information – in system. In contrast to proactive judicial to respond to that.” revisionism through distorting historical continuously calling upon the Indian state to pronouncement of the 1970’s on expanding the records, rewriting history. The Indian guarantee rights and freedoms it is ostensibly citizen’s right to know, since 2006 the courts So on the one hand, important legislations Constitution, as in other countries, was the committed to. While in the last decade, have tried to insulate itself from the RTI – that have the potential to improve citizen result of a rigorous debates that incorporated people’s movements won some uncommon through exorbitant application fees. In 2009, participation, and empower citizens to an inclusive perspective with protective victories after decades of ongoing struggle for the Supreme Court rejected an RTI request on hold government officials and politicians provisions for marginalized groups in Indian rights to information, work, food, access to how many judges had declared their assets, accountable on a daily basis, are under society. But current efforts at historical forest land and education, people’s movements and set a rather incredulous precedent by attack. On the other hand, fresh assaults revisionism and questioning the relevance of are faced with an unprecedented challenging violating basic principles of natural justice– on democracy, secularism mount by the the judges’ interpretation of constitutional political environment, challenges to their nobody can be a judge in their own case – by day. People’s movements must therefore guarantees poses a direct threat to the implementation remain. staying lower court decisions, in a writ petition contemplate new strategies and adapt tactics fundamental principles on which democracies before itself. to circumstances in which they now operate. are organized. A check on the creeping For example, India’s RTI Act is one of the authoritarian tendencies of India’s ruling strongest globally. One indication of its Participants also discussed the attempt by For many movements the political universe party is possible through robust constitutional strength it the repeated attempts at diluting Parliament to weaken the RTI Act, to keep as they knew it, collapsed in 2014 when institutions, their independence, and the need the law from different branches of the political parties outside its purview. As the conservative Hindu party was hoisted to “popularize” the constitution. Rather than government. Apart from tinkering with the citizens, participants viewed themselves to power with a full majority. Confronted simply defend it. mechanizations of providing information, as beneficiaries of politics, and therefore, with conservatism, misogyny, bigotry and another tactic to frustrate the RTI is benign must take a stand to keep politics on our shrinking civic spaces, as in other countries, Role of People’s Movements, Campaigns: neglect. The selection of independent appeal side. But how do we do it? While the pre- many movements continue to mobilize Threats to Constitutional Principles authorities or Information Commissioners legislative processes is one way to influence people’s participations, but are unclear of the (in states and at the national level) continues the distribution of power in the favour of way forward? Participants felt that there needs articipants noted that the need for to be non-transparent and arbitrary. Most ordinary citizens. These processes lack the to be a transformation from interpretation of participation is widely recognized. serving Information Commissioners are either proper institutional channel to be used on the problem to the possibilities of change. PBut the missing factor remains a link retired civil servants or police officials. Rather an ongoing basis by citizens. In India, the between these three concepts. Transparency, than journalists, academics, social activists as pre-legislative processes exists in the form The theoretical orientations and actual accountability and participation form three specified in the RTI law. Several commissions of political parties. One of the functions of practices of many movements have been points of a triangle. It is essential to look at continue to be understaffed, causing delays political parties is to mobilise public opinion, informed by multiple ideologies. Now more all three of them in context with each other, in hearing appeals against denial, rejection of to consolidate public opinion, so that it can than ever, participants felt there is a need to instead of being focused in isolation. Thus information. be represented in the state parliament. But deal with issues in the theoretical and abstract the pertinent questions to ask are how to political parties don’t do that. Members of sense, before connecting them to practice. make transparency accountable? How to The poor track record of government offices parliament and state legislative assemblies Alongside legislative advocacy for good laws, make accountability transparent? How to in implementing the proactive disclosure are supposed to tell their constituents about ensuring proper implementation of these make participation transparent? How to clause is further impeding the functioning upcoming issues to be discussed in the laws, and using them to build collectives and make people’s participation accountable? of information commissions. According to parliament and the assemblies, respectively. mobilize people’s support, participants also How to make transparency participatory? one national RTI assessment study, close to But the truth is, the elected representatives are discussed the need for engaging different How to make accountability participatory? 67 % of the information sought under the RTI themselves unaware of the order of business theoretical and ideological orientation – from Participants discussed the problem with law should be made available proactively by in the legislative bodies. But lack of awareness Marx to Ambedkar to Mao –to define a way participatory democracy, and felt more officials under their Section 4 obligations. alone is not the reason for why elected forward. Rather than feel confined by the attention needs to be made on developing the Unlike the first round of amendments that representatives don’t share information about possibilities that could emerge from their solutions to these problems. were visible, the information commissioners programs and policies, often the discharge theories. at the Kerala workshop warned of a of their public functions is influenced by

42 43 Musings on Music Building a Theory of Knowledge Box 1 : UNPACKING THE LINKS articipants also questioned the term BETWEEN CULTURE AND DEMOCRACY ‘participation’ and how we can continue Pto use a term that has no memory. Especially, now more than ever, when we are facing erasure, how do we bring memory into movements? When people who are part of the wilight had set in. People ambled quietly standard religious songs and chants. The Third Thought: It is possible to speak truth to debate disappear? If we want participation, we in groups, towards the Amphitheatre song that stood out was one by the Tamil power, by singing truth to power. have to create a version of this absent memory. of the Institute of Management in patriot-poet, Subramania Bharathi. The T T M Krishna and Sangeetha Sivakumar The language of the experts is technical, it Government. No tickets to be checked, no poet wonders where the source of the music numbered seats, in fact, no seats at all except is, as he describes a snake charmer, with have charted a new course on the signifies the power of the state – legal and the steps leading down to the stage. his instrument: in the mind of the player, ocean of classical music. Krishna has bureaucratic – but the people who fight against in his pipe or in the body of the snake. He been maintaining the loveliness and the injustice on the streets speak a different Before the music began, the central point speaks then of the pathos of children’s voices complexity of South Indian music, language. When two epistemologies – of that coalesced from the comments of the begging and of the myriad sounds of the without being constrained by the politics and modernity and those of an Adivasi presenters and their interlocutors was that market, as swift trading goes on, of bangles, standard structure of the “Concert” (tribal) – clash, we must not reduce it all to music as entertainment was only one of flowers and fruits. What is the source of the or staying with conventional Bhakti just technicalities. Calling into question the its aspects. Music, as political message for sounds? The poet concludes that it is the music. One song that stood out was term ‘participation’, participants argued it is sharpening awareness of realities and as universal power, Shakti, which informs all of “Poromboke”, the environmental protest too much of a World Bank term; it does not vehicle for social cohesion has assumed them and all action on earth. This song was to the destruction of the fishing villages recognize the different ways in which people tremendous importance in the lives of groups rendered beautifully in harmony throughout, of Ennore in North Chennai. It was set remember a way of life and talk about its like MKSS and several other groups around the with many variations, capturing consonantly, to a classical Ragamaalika pattern and death or loss of a way of life; it does not have country. even the discordance of competing voices conveyed the message vividly and with a theory of generations or time. To break the in the market place. For any event to function humour. structure of expertise, we need to bring a Shankar Singh, a people’s communicator and efficiently, every participant must know his role different idea of cognitive justice into debates MKSS activist, with his inimitable wit and and the exact timing. Fourth Thought: Art is not elitist, neither is on participation and democracy. Just as the acute observation, took the stage and a group the use of a language or a genre, exclusive. term was constructed, people need to also of his old- time associates and friends joined Second Thought: Once a plan is made, the leader All boundaries are permeable. We share a deconstruct it. him in the well- known slogans and ditties. leads and the others follow. A group is stronger common humanity and can set our pulses to a Audience participation is an in-built part of than the sum of its members. common beat. In India, social movements have what one these songs and there we all were, pumping participant called a ‘tacit constitution’ or a our right fists and adding our loud voices to Vinay Mahajan and Charul Bharwada took constitution around the Constitution, which the medley. the stage next. Their moving music reached they view as too Victorian or restrictive. So the marrow of one’s bones. The themes were they try to create a passive constitution. First Thought: Even in dealing with the worst of contemporary and immediate. Their songs “Epistemic brokers” such as the auditors, corruptions in the system, humour helps to heal. The on the hands that work were particularly nuclear scientists are translators whose aim sense of the absurd is a must, to tide us over rough moving. Their empathy with the poor and is to standardize language in development times. hungry, their support for their activist statistics. We need translators, between friends and the unique blending of their different languages, translations for the nature About twenty women dressed in dark green voices cannot fail to touch the conscience of the language of the state, the notion of time, and red formed an arc on the stage and ten of the nation. They are the wandering bards the grammar of expertise—to deconstruct men in white were ranged behind them. The of today, creating original lyrics and tunes participation. We are lacking a theory of members of the MBS choir took their allotted and capturing the sadness of inequality and knowledge that does not capture the “noise of places, grouped according to their pitch of injustice, yet bringing to the listeners, the democracy.” We need a theory of knowledge voice. The music they chose differed from the prospect of hope, tenderness and caring. (and participation) with a wider kind of

44 45 BOX 2: REFLECTIONS FROM thought experiments – that is, plurality of knowledge as they link to livelihood and ways BREAKAWAY SESSIONS of live. Democratic theory needs to be clear about who participates, who represents and who speaks? he breakaway sessions were organized 2. What are the key challenges involved in the 3) There is need for more targeted to facilitate a more focused discussion process? transparency that is citizen-centric and Deepening Democracy and Delinking from on thematic issues. A total of 13 thematic potentially enhances public participation. Globalization T 3. What are the key institutional mechanisms to discussion were organized on the following achieve the same? 4) Right to Information needs to be topics: articipants also discussed the need to accompanied by the use of deliberative focus on aspects other than legislations 4. Who needs to be brought together and how? platforms such as social audits and public • People’s Plan and Budget for deepening democracy, and in (Planning and Budget) hearings to shift power relations at P A small panel of three to four speakers implementation that empowers people different levels of government. presented key ideas or posed problems related to alongside the enactment of progressive • Empowering the Unheard: Public Hearings each sessions’ topic. The moderators facilitated 5) Need more informed public policy legislations. In India, the latter is necessary • Including the Excluded: Understanding the discussion on the issues highlighted. Below is making that is based on public since citizens are subjects in the democratic Other Platforms for Constructive Dialogue, a summary of the key takeaways from these consultations of the kind the national process with a millennia of institutionalized Disagreement and Dissent different sessions: government held on biotechnology inequality. brinjal, which permitted civil society and 1) The meaning of the term ‘democracy’ should • Electoral Processes: Election and Electoral government to discuss the potential threats Coming back to the issue of decentralization, not be limited to mere participation in the Reforms and challenges to introducing genetically participants recognized that the argument formal elections conducted after every five modified food for mass consumption for decentralization is to shorten the distance • Citizen Engagement with Parliamentary years, but should be recognized as an ideal between people and decision makers. Processes and Procedures which needs to be enforced and practiced each 6) The power of state enabled transparency However, local bodies are part of the state, and and every day by each one of us. and participation reforms such as state thus, decentralization can be viewed as the • Independent Commissions run social audits for NREGA in Telangana, submergence of the state within the people. 2) We need a multi-level approach to improving India, lies in their potency to further public Rather than a withering away of the state. • Transparency and Pre-legislative Process and institutional responsiveness in the different education without being propagandist, by in Political Parties arms of the state—judicial, legislative and triggering a path of learning by individual But the degree to which decentralization executive arms of the state. For example, • The Power of Public Audit and Supreme wage workers with reference to their works depends on the how viable the local Audit Institutions a. Changing the current, opaque judges’ memories, experiences, interest and institutions of democracy are and whether appointment system values and relating that those to collective it is inclusive of citizens to the extent that • Judicial Accountability concerns. they can become part of the process as b. Need to recognize and redress the subjects. Rather than as supplicants. Second, • Bureaucratic Accountability challenges of marginalized communities in 7) We need to imagine a new social where egalitarian sentiments are missing, contract in the age of digital, social media, attempts at decentralizing power could • Digital Technology/Demystifying Technology accessing the legal system that is bold enough to accommodate result in a consolidation of existing power • Facilitation, Techniques and Methods for c. Need a thorough and board based pre- the changing geographies of citizenship relations of unequal social structures such Accountability legislative process that allows citizens and and responsible enough to know that as the caste system. Finally, without social civil society groups to hold up a mirror to accountable governance means accounting reform struggles, spaces for inclusive social • Looking Back on 10 Years of RTI in India more government policy making for the fluidity of data and expanding movements that can help build local democracy networks that aggrandize power. are shrinking because of the neoliberal ruling In each sessions participants were asked to d. Increase voters’ awareness to ensure only party disposition. engage with four key questions: qualified candidates are elected The economic distress – the real suffering 1. What are potential areas for encouraging e. Increased transparency of political party of working class communities – which is participatory democracy? donation, bring political parties under the associated with the neoliberal dispensation RTI Act

46 47 results in the populism that we are seeing Conclusion 30 January 2017 (Day 1) in Trump’s elections, in Brexit, and the Details of rise of the global right. How are the two he Montreal and Kerala workshops Inaugural session related? The working class in western, pushed the limits of dialogue, and in Workshop Discussions capitalist democracies have experienced so doing managed to put together the Welcome: Sonia Laszlo, Director, Institute T for the Study of International Development a decline in manufacturing jobs, union challenges faced by our democracies. It also busting and dismantling of social welfare reinforced the belief that our struggles for (ISID), McGill University, Canada programs since the 1980s. While jobs were participatory governance - where citizens outsourced to the third world where labour themselves move from mere spectators to Naurti Devi, Vice-President, School for is cheap, the conditions of life in third world actors of change-is perhaps vital to keep ethics Democracy and ex-Sarpanch Harmara, countries did not improve either. We are in public life, justice and equality alive. In Ajmer District, Rajasthan also experiencing economic distress – one the current context of global economic and percent of the population owns 58% of wealth cultural (ethnic, religious) conflict, can elected Inauguration: Shri Thomas Isaac, Minister of in India. Distress leads to disenchantment governments in cohorts with neo liberal forces, Finance, Government of Kerala and increase the likelihood of mavericks and dictate policy and legislation? A new set of adventurers to unsettle politics, and pose a challenges need to be addressed. Democratic Abey George representing Dr. S. threat to democracy. A false kind of reason practice must protect the promises of equality Parasuraman, Director, TISS emerges, inclusive mass movements are and freedom. difficult to sustain. In India, we have not seen Satyajeet Rajan, Director General, Institute a big strike since the mid 1970s (the Railway of Management and Governance, Kerala Strike). We have seen farmers’ suicides rather than peasant struggles. While there S.M. Vijayanand, Chief Secretary, are exceptions, struggles against forced land Government of Kerala to moderate the acquisition in Orissa against the multinational session and comment on the proceedings. corporation POSCO, and the anti-nuclear power plant struggle in Kudankulam, these are Mr. Satayajeet Rajan invited the panel on localized and specific struggles with national the stage. importance. The panel included Sonia Laszo, Naurti But identify struggles in the name of caste Devi, Thomas Isaac, S.M. Vijayanand and religion are creating the conditions and Abey George (representing for fascism in India. The challenges before Dr. S. Parasuraman) and Satyajeet Rajan. people’s movements in India is to preserve the drift towards fascism, to deepen democracy he workshop began with an inaugural while delinking from globalization, and build a session addressed by Sonia Laszlo, multi-issue, multi-campaign platform. TDirector, ISID McGill University, Montreal, Canada. She introduced the ISID and talked of the significance of the workshop being organised in two different parts of the world. While welcoming the participants, she said this was an academic continuum of the earlier workshop held in McGill University in November 2016. The workshop was called “Participatory Democracy – Practice to Theory and Theory to Practice”, to indicate the growing concerns with democracy in practice. She said the first part in Montreal focused more on theory, while

48 49 this 3-day workshop will focus broadly on Democracy is in crisis, principles and values and the tendency to stonewall people’s practice, leading to theory. are under threat and the gathering today gives questions about local expenditure results in us hope that the situation will change. She discrediting governments, governance and The programme of Professors of Practice concluded with thanks to the organizers and democracy itself. If the system is seen as conceived by the ISID was designed to bridge the participants for sparing the time to come. corrupt by people, the democratic process is the gap between theory and practice, and to severely affected. The government spends create a new and better understanding of Naurti Devi, Vice-President of the School money but people do not know where and how. the challenges of democratic governance and for Democracy, an NREGA worker, highly This results in loss to the public exchequer and The position of the Professor of Practice which offer solutions to bring overall well-being. acclaimed leader of women and dalits, brought to individuals. She went on to say that political formed the basis of these workshops is an Professors of Practice in global governance in the world and the imagery of people parties also need to be transparent about their ingenious concept and an “inclusive” approach have brought their unique perspectives struggling for democratic and developmental finances and spending at the time of elections. to the idea of development and democratic through which the world can be understood. rights. Her vast experience as a worker, a In the interest of justice and democracy, this concerns. The fault lines in contemporary She recalled that in the workshop held woman and a dalit activist, encapsulated the should be documented as a part of the right democratic practice can be addressed only if in McGill, Montreal, many distinguished concerns of a large section of people who to know. The gap between the citizen and the the complexity of the nature of democratic scholars participated, including Patrick have been denied democratic participation, government has to be bridged for democracy concepts and practice is understood. This Heller, John Harriss, and Dr. S. Parasuraman and whose problems this workshop sought to to function better as an equal partnership. defines the scope of the position, and an among others. address. In Montreal, Otsi’tsaken, the elder The government is obliged to function with interesting series of people concerned with from Kahnawa:ke, brought the indigenous transparency and accountability. public action and policy have been Professors In her address, she briefly described McGill people and their concerns centre stage. In of Practice at ISID. Aruna Roy was the first University, and the three aspects of its focus- Thiruvananthapuram, Naurti played a similar Commenting on the recent set of policy person from a continent other than the North teaching, research and outreach. Research role. Her presentation also drew attention announcements by the NDA government, America, to have been invited to occupy questions have three themes which are very to the difference in approach in two big she said, that the demonetization process the position. This argues for the practice closely connected – poverty and inequality, democracies in addressing people on the is unjust. There was no consultation, no to continue in McGill and for many other governance and society, and environment margins. India’s affirmative action, mandated information, and a policy was announced universities to consider this practice as not and sustainability. To support teaching and in the Constitution, has led to inclusion of affecting every Indian citizen. Government, only beneficial but critical to the building of research, there are strong outreach missions, the socially less privileged. Dalits have been when it becomes a bully- which it should democratic thought and theory. which include the Professors of Practice. It outcastes for millennia, and untouchability not- it will continue to destroy the framework is strongly believed that knowledge is not and caste have been a curse. It has restricted of democracy as it is practiced in India. generated by Ph.Ds and academia alone, but participation, impacting the nature of Participation is no favour, it is a right. on the contrary, with people’s experiences. almost everything- occupation, education, It is this belief that leads ultimately to social equality. The Indian Constitution Thomas Isaac, Finance Minister of Kerala, is understanding the process of development, in addressing these concerns, has made it an economist and well known as a thinking however one may define it and to improving possible for persons like Naurti to contest and political representative, with integrity. He living standards. She said, “We believe that win elections. is well-known and acknowledged for his academia and practitioners must speak fundamental contribution as an architect to each other and mutually inform the Her argument was built on discrimination of the People’s Plan. He wrote of the entire discussion on key issues and priorities.” and the exclusion it promotes. Her simple experience in Kerala with Patrick Heller in a but powerful logic was based on the fact that book called, “The Politics and Institutional Design In September, Aruna Roy taught a semester if discrimination continues, participation is of Participatory Democracy: Lessons from Kerala, in McGill University where she inspired her logically denied. If these problems persist, India.” He delivered the inaugural address at colleagues, students and everyone she came they may even multiply. She said that as an the workshop. across. She taught a very valuable lesson, “it elected Sarpanch, she knew how important is helpful to the individual to be empowered, participation was to democracy. Access to Thomas Isaac argued in essence for a and it is possible people can make a power through the vote is basic, but tools critical need to make our society egalitarian, difference to a town, society or country.” This to fight corruption and the arbitrary use of democratic, participatory and transparent. is an important lesson that is usually taken power are vital. Public spending without We live in a time of great uncertainty; the only for granted. accountability cannot lead to development, certainty is that the system can be organised

50 51 to sustain socially and economically weak in human resource that we are able to tap Kerala has been at the forefront for democratic was a struggle for a person like him, who is persons as well. There is no choice but to employment opportunities outside. decentralization. The three standouts from the a minister as well as a political leader, and learn from practice; theories go back to campaign were: who at one time was a leading activist in the experiences in practice. He said that this was But new challenges have arisen. We have a decentralization of Kerala. He concluded with, the context that we looked forward to in this generation of well-schooled, educated and 1. There is no point in talking about “We look forward to criticism so that we can deliberative workshop. aspirant young population, with high job empowering of local government without make Kerala a place which still delivers hope.” expectations. Kerala cannot provide this level transferring resources. Kerala is an appropriate place for this of employment. The challenge is that the older His candid analysis was reflected in the conference because development experience framework is unable to absorb these large 2. Attempts to directly mobilize people presentation of the second generation here is participatory and promoted by the numbers of young people. The marginalized should be made by social movements and not challenges faced by the structures enabling system. There are advancements made sections are left out of the mainstream. More administratively. A need was felt to design people’s participation in Kerala. The speakers by Kerala that everyone is proud of. The than ever before, we need to provide social an appropriate government that will ensure introduced the structure of the workshop practice has built knowledge and kept alive security programs to bring the marginalised transparency, participation and objective by bringing in the diverse concerns, which the hope of a better world. People in this into the mainstream society. deliberation with no discrimination. together form the concerns of a country in state are educated (literacy highest after addressing democratic theory and practice. Tripura), have the highest longevity in the The question that needs to be addressed in this 3. The silent work was done through the country, and a clean habitat, and a liberal scenario is, “How can we have Participatory bureaucrats for launching the idea of S.M. Vijayanand, Chief Secretary, Government atmosphere prevail. These indicators show Democracy?” The State structure of Kerala is decentralization. of Kerala talked about the immense possibility that the development in Kerala is close different from Bihar, for instance. It is possible of a participatory evolution of policy and to figures in the North, the “developed to design a government system that is more Kerala now needs another big bang, for making the executive responsible for its countries”. Kerala has helped shape and transparent and accountable, but it depends which the second phase of the People’s Plan implementation. He was part of the team that support the ordinance to decentralize, on whether the state structure is modern campaign movement has been started. evolved the People’s Plan - the participatory and decentralization has sustained the enough and, flexible enough to take it on. Improving the quality of services for public planning processes in Kerala. Addressing knowledge environment. sanitation, health care, education, organic the current concern with transparency, The questions that arise are: cultivation and water conservation are Vijayanand said all government notes, minutes Kerala’s sustainability was born of two integral to this phase. People will be mobilized and cabinet decisions are disclosed on the approaches. The contribution of kings pre- • How do we get the representatives of the to achieve these targets. As things stand, website by the Kerala government. He also independence who believed in benevolence, poor into the bureaucracy? subtle corruption, mainstream protests are said that the power of the self-help groups, (welfare in modern parlance) and the seeping in. How can participation be made “Kudumbashree”, needs to be recognised, as it modern democratic government and its • We need to create pressure on governments sustainable in this context. We need social will help strengthen participatory democracy. faith in inclusion and participation. They by linking social movements which attempt to movements that do not merely stay in the state have continued with similar traditions. This directly mobilize people, with forming policy of agitation, but create structures and thereby Kerala started Kudumbashree which has a government is different from the rest of the ensure sustainability. Governance has to deal membership of 40 lakhs (4 million) people, country, because of the active participation • It is possible to build a government that is with transparency and controversy. the bottom half of the population in Kerala. of citizens. Public action from citizens more democratic and transparent. Unlike rest of India, the government of Kerala plays a very important role. If we look at the Talking of a current issue of concern about decided to work together with the people. history of Kerala, the important lesson we In this context, there are problems and access to cabinet decisions under the RTI Act, Local government, the panchayats and self- learn is that it is not necessary to wait for challenges. Development has resulted in the he said that cabinet decisions cannot be made help groups work together not in hierarchy but legislation, but in fact public action can run making of hierarchic structures with very public under the RTI Act within 48 hours, as in partnership. About 4-5 years ago, an attempt concurrent with legislative preparation. little horizontal interaction and with little decisions may be revised. The Government was made by bureaucrats with political possibility of popular intervention. It has Order that comes out could be accessed, which support to kill Kudumbashree. The people There was and is a big debate about equity in always put pressure on political executives, often comes out soon after the decision. were helpless as there was no support from the Kerala. Rapid development has pushed the so that they take decisions which are government. Something unique happened. per capita income much higher - it comes implemented by the bureaucratic hierarchy. The challenge is to create space for all the The members wrote their own experiences like from many sources including remittances Two decades ago People’s Plans was conceived activists, academicians, colleagues, speakers oral narratives, songs, poems, letters, story, from “Keralites” working abroad and of as an innovative idea to transform the to come together on one platform for a drama etc. About 2 lakh (0.2 million) people outside the state. We have invested so much socio-political reality of Kerala. Since then better democratic future. He stated that it in Kerala from self- help groups participated

52 53 in these events. It was an ultimate use of to decentralized planning, and local self- Plenary 1 Keynote Address democracy by creatively expressing feelings, governance and acknowledged the limitations, even when surrounded by political barriers. in the participation of lower caste groups, Keynote address: Gopalkrishna Gandhi, opalkrishna Gandhi’s keynote was difficulty in sustaining energy levels, widening intellectual, writer and diplomat; former couched in the style of a narrative Due to this partnership, 50% of reservation in the People’s Plan, and the threat of elite Governor, West Bengal Gwherein the story carries the wisdom seats for women was made possible. This is capture and corruption. of people, the common sense in history. how local democracy can be strengthened by Introduced by: Wajahat Habibullah, They define in many ways, the strength, the the partnership of people, as in this case, by This thought-provoking session unpacked former Chief Information Commissioner, backbone of India’s participatory democracy Kudumbashree, the self- help groups and local the concepts in participatory democracy for Central Information Commission; former and the seeds of political wisdom. Through government (the panchayat). consideration for the workshop. Chairperson, Minority Commission these tales Gopal Gandhi embellished and underscored the need for participation, Satyajeet Rajan Director IMG welcomed the Scope of the Workshop: Aruna Roy, Member as both evident and necessary for ethical participants to the workshop. of MKSS, NCPRI, NFIW; 2016 Professor of governance. Practice, McGill University Abey George, representing Dr S. Parasuraman, He began with the narration of an incident assured the government and the participants Wajahat Habibullah, former Chief from the previous day. After his public that TISS in Kerala, would work to make Information Commissioner, Central oration, he went with some friends to an practice and theory go hand in hand, and Information Commission and former ordinary coffee shop. He was carrying along extended all support to the workshop. TISS Chairperson, Minority Commission with him the book by Teesta Setalvad that he also thanked the other organizers and introduced Gopalkrishna Gandhi, former had just released. After they served coffee, the welcomed the debates. Ambassador to Sri Lanka, South Africa and two waiters picked up the book and started Norway and Governor of West Bengal, who reading it with great interest. The book was With the background of Kerala’s People’s had left his significant signature wherever he in English, which he was yet to open. “This, he Plan experiences, the complementary roles worked. said is Kerala”, saluting its great leap forward, of bureaucrats, politicians and civil society in “The general secretary of the CPI(M) and ensuring just governance was discussed and politburo member, Sitaram Yechury, who was critiqued. Participants agreed that even a state with us is a well-known and respected person, apparatus fuelled by best intentions has its but despite his presence, it was the book that fault lines; only practice and constant vigil can interested those waiters”. keep democratic principles in place. Constant vigil requires creating room for expression of a Another incident narrated by him referred people’s critique and spaces within the system. to what T.M. Krishna, the classical musician and singer, had said about how unusual the The rich inaugural session critiqued the Kerala audiences are. Krishna had recalled implementation of the three central principles that at a concert in Kerala a drunk, shirtless of democracy. It appreciated participation as man wearing a lungi came and sat down in seen in the Kerala context, and the real issues front of him and lit a “beedi” and smoked kept alive through the People’s Plan. It was in throughout the performance. This irreverence sharp contrast with the global interpretation annoyed T.M. Krishna greatly. When the of participation, defined in limited terms, man said “oru thodi padunga”, Krishna was as co-opted, sanitized, and domesticated by shocked because he had asked him to sing agencies like the World Bank and national a rare classical raga in Carnatic music, not governments. The speakers acknowledged that always known to lay persons. His anger there was uneven experience of participatory vanished and was replaced with reverence democracy across India. Government and respect for this man. Gopal Gandhi said, officials, and political leaders from Kerala “Irreverence is not an insult, irreverence is frankly discussed the emergent challenges not disrespect.”

54 55 Commenting on the participation of the He went on to address the contemporary about financial accountability of demanding Kerala government – the Finance Minister and narratives about the need for a Constitution, bills and vouchers. This shows the sheer the Chief Secretary speaking as equals – he or even Presidents, he said we needed both. empowerment of women. The movements emphasised institutional integrity. He said, Recalling Rajendra Prasad he said he was a which have brought forth this transformation he would like to applaud the fact that both man from the grassroots, President of the are responsible for such empowerment. RTI the Chief Secretary and the Finance Minister Constituent Assembly and the first President law is a result of movements that demanded could sit on the same dais on equal terms, of India. He said that the assassins of Gandhi the revelation of information. These without the Chief Secretary being subservient should have been pardoned. The electoral movements have led to the evolution of a to the minister. He said, “Lack of respect is one system is warped and the politicians have used constitutional office. He said, that there must thing and subservience is another.” Similarly, emotion as a way of manipulating people. be a new partnership with people galvanized Today after 16 general elections the “admiration is one thing and awe is another.” There are various discrepancies in democratic by the movement and the laws. government is as autocratic as it can be. India This is different from the inequalities seen practice, there is therefore a need for is still in the nursery of the Republican spirit. in numerous other states. He wondered why something like a second chamber in the shape He expressed his dislike of being called an It is a healthy democracy but a weak Republic. it is different in Kerala and attributed it to of our Constitution. The President is a ‘think intellectual. He said that every person who has The peoples’ majority must rule, as they education, equality and better awareness in again chamber’, a person who can be appealed a mind is an intellectual. India is a country of are the keepers of the democracy while the the state. Whether they be commissions of to. He can give the presidential pardon in case multi-intellectuals. He said that being called a constitution is the maker. information, government, elected members or of death sentences, for instance. thinker is perhaps better than the ‘intellectual’, executives, there is a collective thread of public a term which has been used, misused and Gopal Gandhi ethics. He conveyed the urgency to retain the The latter he said is the struggle of long- abused. independence of democratic institutions, if term popular struggles and is not a choice participation was to be meaningful. There but as “fundamental as breathing.” Elections Scope of the Workshop cannot be a more appropriate location for this he reminded participants is a “right” and workshop than Thiruvananthapuram, Kerala. not a “gift” and the power to choose leaders runa Roy urged participants to reclaim and representatives is in our hands. People the term participation in the context 30th January was the day that Gandhi had been choose from what they are given. “Voting is as Aof the changing obligations of the assassinated. Referring to Aruna Roy’s moving fundamental as breathing.” “Election is not a state under capitalist democracies. She spoke account of Gandhi, he recounted an incident gift but a right.” “Bahujana hithaya, bahujana of the unique opportunity provided by the where Gandhi and his followers had gathered subhaya sarvaloka shraya.” Therefore, ISID programme, to bring practitioners and when a small bomb went off which caused despite the rise of the global right, we must theoreticians together from many corners disruption in the crowd. However, Gandhi not lose faith in elections, and remember of the world. Democracy needs action and kept saying “kuch nahi hua hai” (nothing has that constitutional authorities like Election reflection, practice and theory in equal happened) and calmed the crowd. But the Commissions and Information Commissions measure to make it work with justice and commotion didn’t stop and he still continued – as in the case of the RTI Act – are the equality. saying “Nothing has happened nothing has gatekeepers of our democracy and should be happened and if something did happen what strengthened by our cooperation. Democracy The scope of the workshop would include would you do? Just stay calm”. He then turns to is derived from the majority, not people’s breakaway sessions to provide space to the Manu and tells her to sing “raghupati raghava majority but political majority. Addressing diverse aspects represented by participants rajaram”. Here is an incidence of an explosion international concern with keeping democracy and their concerns. Plenaries would bring this and the calm and efficient way in which tethered to its principles and processes, diversity together in the form of collective Gandhi prevented it from becoming a major and of institutional integrity, he reminded concerns, with democratic versions and disruption. Gopal Gandhi talking of Gandhi’s participants that despite the results of global possibilities. Every specific issue needed assassination and the resultant death sentence elections, people must not lose faith in to see the larger concerns embedded in it. on Godse and Apte, expressed his regret. He electoral politics or the right to vote. Likewise, serious consideration needs to be said it would have been better if they had paid to systemic changes. Independent civil been given life sentence instead of capital Gopal Gandhi said that it was a proud moment society and grassroots efforts must lead to punishment. If they were alive there would for him when earlier Naurti Devi coming effective delivery of governance. The place have been a chance to engage with them. from the sands of Rajasthan, talked with ease for engagement, platforms for interaction

56 57 become critical, as they allow space for cannot be reduced to empty rhetoric. Gandhi worst should be changed and controlled and engagement and a different set of questions to expression – difference, disagreement and and Ambedkar who demonstrated methods of the best of the system is allowed to function. be asked. dissent. These platforms are important to interactive governance, have played a role in steer governments in an egalitarian and shaping India’s movement politics. The ruling dispensation often puts Since it was Martyrs Day, the 30th of January, accountable manner. forward arguments about the RTI Act the day Gandhi was assassinated, everyone Bangladesh, Pakistan, Philippines, Sri Lanka being responsible for paralysis in policy. stood in silence for two minutes in memory of She acknowledged Thomas Isaac’s and have had bouts of participatory democracy RTI activists and the MGNREGA are held Gandhi and the martyrs for peace and justice. S.M. Vijayanand’s remarks on participatory when there have been improvements and responsible for tardy growth rates! This is a governance, the challenges posed by the change in governance. What we fear in the popular fig leaf for the status-quoists and the demands of each one of its sectors and the new trends in democratic mores where an power elite. frank analysis, based on years of experience, elected government turns authoritarian. This particularly in Kerala. This was a three was a concern in the workshop in Montreal, The relevance of having the conference in day dialogue in which persons engaged in and in India as well. Elections such as these Kerala arose out of a socio-political history governance, and activists have gathered have raised questions whether they really of successive governments which addressed together to discuss issues of mutual concern capture the representative voices of people. inequality. They have endeavoured to provide to learn from each other, and “unpack” Will such voices be heard? Will there be a space space and create platforms for dialogue. critical issues. When we lose focus of to fight for rights? Will questions be allowed? Aruna Roy recalled a visit of the MKSS to centre staging the views and experiences Will we be able to express dissent and differ? a panchayat meeting in Palakkad in 1998, of people on the margins, majoritarianism In India, infringements of such rights have where the allocation of housing benefits was takes control, and democracy sometimes begun within societies, state, universities. being decided. It was done transparently works against the interests of “all” people. Likewise, we have to also begin the fight for and with a set of norms, decided with active It therefore fails to fulfill its fundamental the right to express differences in opinion. participation - caste, widowhood, number obligations. Kerala, and its two decades long As women, we define two great enemies to of children, income, and physical disability experience with the “peoples plan” provided democracy - patriarchy and discrimination. - mutually agreed upon by the beneficiaries the workshop participants real context Some of these questions will be addressed and the panchayat, and the government. and illustrations to explore many of the in the context of theory and practice. The The priority list was decided to everyone’s complexities of participatory democracy. multiplicities of democratic concerns are satisfaction. She recognized it as a brilliant reflected and are challenges in practicing concept in practice where the concept of But unless there is an engagement with democracy. This workshop will discuss how “equality” was translated into a simple democracy, we cannot protect it or make it the fine tuning in the hands of people can tangible format. The workshop will look work for us. impact decisions. forward to the field visits. While applauding Kudumbashree the self help group, she In the last 60 years or so of India’s Very often in practice, democratic expressed her disappointment with Kerala’s independence, there has been a growing contestations become critical. A Muslim girl inequalities for women, the difference in understanding among people’s movements in a college in Kottayam asked a challenging wages between men and women and temple that there must be an engagement with question. What happens when there’s a authorities in Sabarimala still disallowing the system. This engagement has often contestation between religion and rights? For women to enter. evolved through dialogue and has sometimes a person for whom both are important, which given rise to the accusation of co-option. will you prioritize? There is a continuing set There are changes in the obligations of the Institutions of governance are for people, of dilemmas in governance where the role state. New laws are being fashioned as and they have to claim them and ensure of the bureaucracy is critical to delivery, but citizens engagement grows, new systems that they work for them. For instance, a enmeshed often in corrupt practices which are created for preserving the status quo few good private schools do not justify deny rights. The system refuses to think or and preventing disclosure of information. privatizing education. The problem with accept new ideas. However the addressing Economic policy has become more inclusive private institutions is that they cater only of people’s needs depend on it functioning and a new set of questions have arisen. to the elite - thus emphasizing the need for with ethics and efficiency. Similarly with Participatory democracy has a continuing state facilities. The responsibility of the state democracy, we focus on the system where the set of challenges which need new tools for

58 59 Session 1: his was a panel where budget experts John Harriss stated that C. K. Mathew’s take There is a need for political reform, to make Beyond the Vote – Participation in from the government and those on decentralization has further reinforced the parties internally democratic and financially Democracy Ttracking budgets on behalf of peoples’ former’s pessimism about local governments transparent. organizations came together to look at and participation. There are powerful obstacles progress on participatory budgets in India. The in terms of technique and bureaucracy Apart from the allocation itself, bureaucratic Breakaway Session 1A: government of Kerala was represented by V.S. in transparency. How is political change norms prevent inter- departmental fiscal People’s Plan and Budget Senthil, Additional Chief Secretary, Planning happening without opening points of contact transfers. The Law Commission of India & Economic Affairs Department. Economists between society and government? proposed an amendment to enhance the Introductory Speaker: V.S. Senthil, Additional Yamini Aiyer, Subrat Das, and Praveen Jha, level of coordination between different Chief Secretary, Planning & Economic Affairs brought in their years of experience with The question still stands: What gets defined departments, to make sure that work which Department; Member Secretary, Kerala State participatory budget analysis, to build a charter as larger interest? Who surrenders rights for overlaps between departments and those who Planning Board for open budgets. Satish Deshpande, Professor whom and what is a state benefit? And the share expenditure can work more efficiently. of Sociology, Delhi School of Economics question that remains unanswered, why is People’s participation is important as a Yamini Aiyer, Senior Research Fellow and moderated the session. the person affected and impoverished by the critique of these bureaucratic and procedural Founder, Accountability Initiative sacrifice always dispensable? blockages to spending and in time, within the The focus of the discussion was on deliberations constraints of budgetary outlays and fiscal Subrat Das, Executive Director of Centre for that should take place, (and often don’t) between For instance look at budget allocations for calendars. Kerala was adjudged the best in Budget and Governance Accountability, India the government and the people on budgets. It Adivasis. It is presumed that not even 50% of being able to do so. was initiated with a set of issues which were of allotted funds are received by them. There is a Mridula Eapen, Member, State Planning immediate concern to people. The aim was to Kerala Special Tribal Hamlet Assembly which This group identified some constraints in Board, Kerala trace the history of the People’s Plan in Kerala discusses and approves proposals related to participation in budgets and listed them out. and of lessons learnt in over two decades. It Adivasis. The system of Gurukulams is is The first obstacle is lack of political education-- Praveen Jha, Professor, Centre for Economic was also an attempt to expand the notion of also not functioning in any part of the state. to get people to realize that the budget is a Studies and Planning, Jawaharlal Nehru participatory budgets beyond panchayats and Field experience shows that participation in structure for meeting demands. Their interest University local self- government, to the state and national Kerala is declining. The information obtained must be kindled by discussing the question budgets. It was a challenge to force open the from panchayats show that the people at the of allocations. We cannot leave it to the Moderator: Satish Deshpande, Professor of entire pre-budgetary process, steeped in secrecy, grassroots level are not aware of their rights. planners and government, as they are already Sociology, Delhi School of Economics to enable people’s participation. Abey George raised the issue of tardiness in influenced by industrial lobbies. accountability and the absence of social audit Rosamma Thomas, journalist from Rajasthan institutions in Kerala. The second is that the flow of funds from the recalled an incident in a village called Korla central government to the state is unclear. where the government had decided to build Pankti Jog from Gujarat highlighted the The panchayats are not self-sufficient. There a power station despite the people’s protests. positive facets of decentralization after the should be a norm which ensures that 40 % or The clash between the state and the local RTI law was passed. She cited the instance 60% should be released during a certain part of communities brought into light the chasm of farmers in a village in Gujarat where the the year. The dates of release should be made between promise and reality. The Panchayat has community had refused to blindly comply with public. notional powers, but their decisions are often the rules. They had questioned the absence overruled by the government. of MLAs from coordinated meetings. Owing Participation is also thwarted by political to their strong understanding, any kind of authority, as in the case of Manipur. There C. K. Mathew, former Chief Secretary, planning involving them cannot happen are six panchayats under each assembly Government of Rajasthan said that during a without seeking their views. There is free flow constituency and the MLA controls the state and local community disagreement, one of information, so that they can understand panchayats. They are becoming a judicial body has to also look at the larger developmental budgets and planning. Information in time is and super powerful. There is no system set interests of the state. It is important for necessary for participation. forth to deal with budgetary planning. the state authorities to have looked at other alternatives, before zeroing in on a particular Jagdeep Chhokar, founder member of ADR People should be able to plan and budget decision. stated that change will not happen on its own. at the same time. Budgets generally seem

60 61 independent of plans. The huge figures Breakaway Session 1B: showcasing the information publicly and when they dare oppose them. Thus, the voice make little sense to people who handle small Empowering the Unheard – Public Hearings commented upon, for and against. This from the lower class of the society is never insignificant amounts. The numbers do not session extended its original conception heard. During organized public hearings no make it easy for people to understand and Kathyayani Chamraj, NCPRI from being a tool of movements and citizens’ one shouts people down when they speak. critique. Planning and budgeting should be groups, to within the state apparatus, where The system should be willing to listen and concurrent exercises. That is why the People’s Shankar Singh and Janani Sridharan, MKSS affected citizens could petition and speak out people must testify and speak. It must be an Plan made sense to everyone because the and be heard by authority. The speakers in the accessible platform for everyone. co-relation between plan and allocation, Kanak Mani Dixit, publisher, editor and writer session were experienced with the process, and the budget within a panchayat, could based in Nepal. Founder of the magazine both in developing and using the platform The likelihood for people to lie in public be understood, critiqued, changed and Himal South Asian and co-founder of Himal in multiple ways, with different groups, hearings is very low. Maybe it is possible implemented. Decentralizing allocation of Media including marginalized communities. in private, but it cannot happen in a public finances to local bodies is a pre-requisite. hearing when the whole village is watching. Aruna Roy commented that the MGNREGA Suchi Pande, Scholar in Residence, Discussion: There are many stakeholders present and the allocation on demand is a subset of correlating Accountability Research Center, American lie always gets caught. Example: There was a budgets between demand and supply, though University, Washington D.C., U.S.A. The definition of ‘unheard’ is the most check dam being built in a village. There were it is now beginning to be throttled by controls important thing to be addressed. The unheard bills and records present for 100 trucks of from the Government of India, Delhi. Needless Moderator: MamtaJaitley, Founding Member are a vast majority. The problem needs to stones being bought. Upon asking, it came to to say none of this can happen, unless there of Vividha Features; Editor Ujala Chadi be redefined as ‘providing voice to the vast be known that the stones were locally sourced. is improved communication between local majority who are unheard’. Some people do But the sarpanch had convinced everyone to bodies and the state government. Key themes discussed: not express their opinions because of what lie and say it was imported. During the public other people will think. In what way is our hearing, the truth came out. • Need for public hearings democracy providing opportunity to these people to express their voices? Only the elite Kathyayani Chamraj (NCPRI) said that in • Ideal conditions for public hearings get a voice and a platform. That is also the a representative democracy, the elected fate of the gram panchayat. It is a space for representatives consider themselves kings. • What happens in public hearings, why they everyone to speak but unfortunately it gets They do what they want. They do not consider are not being implemented successfully hijacked by a few people who are the real the opinions of the people who elected them. elites. The main question is how to establish They only represent themselves and not us, • Importance of public awareness and democratic systems to hear the voices of these if they do not take in our representations. understanding of legal provisions and unheard people. Elected representatives hold ‘darbars’. They procedures ask people to line up in front of them, and dole The situation is changing a lot. The technology out favours. Therefore, it is key that equity and • Steps to improve the situation is coming in a big way. The Arab Spring transparency about the process of decision happened even without public hearings. making itself is considered. But what happens athyayani Chamraj (NCPRI), Shankar People are coming together much faster. These is that favours are given to the people close to Singh and Janani Sridharan (MKSS), technological means (like social media) are the political party. There is no transparency or KKanak Mani Dixit, (Editor Himal helping a lot. accountability for the decisions taken. Unless South Asian), and Suchi Pande (Scholar in there is a public hearing where the person is Residence, Accountability Research Centre, Shankar Singh, MKSS talked of the MKSS held accountable, this will not change. American University, Washington D.C., U.S.A) experience with public hearings from 1994 participated in the workshop. Mamta Jaitley in Rajasthan, when they began in a hostile People need to be educated about their rights (Founding Member of Vividha Features; Editor environment. He said that the elected and need to be informed. People think ration Ujala Chadi) moderated the session. Amongst representatives do not listen to the people who shops are to open only twice a month. They the many systemic platforms evolved by public approach them with problems and complaints. don’t know that it is supposed to stay open campaigns, the process of public hearings They ignore the people and do as they please the entire month. Information provokes has gained acceptability; both for its format and get away with it. They use diversionary questioning. Only with this awareness can and the manner in which it is organized- tactics, conspire and shout people down an open communication platform with the

62 63 elected representatives be effectively used. concerted mobilization process that goes with as a result, the motions are followed for the the ‘Jan Sunwais’ on development works, and When the elected representatives understand the official information and mobilizing people meetings. But there is no interest and nothing also fashioned the idea of social audit public that you are well informed, they treat you with (telling them, informing them and gathering productive comes out of these meetings. hearings, but yet retained a life and legitimacy respect. them). Fifth point is making sure that this of their own, quite removed from social audits. platform is free of corruption and safe for One of the speakers mentioned that the system Formal institutions need to be created members of public to voice their opinions. of public hearings has been successfully It was also clear from the proceedings how to demand accountability from elected We have to ensure that there are no incidents implemented in the states of Andhra Pradesh varied the experience could be in different representatives. Laws currently say that of violence when people step up to these and Telangana. The question is whether it can parts of India. This was because of the there needs to be ward committees and platforms. be done equally efficiently everywhere else. difference in the nature of government and sub-committees for different issues. But society, and the history of the particular we know that most of these institutions are Kanak Mani Dixit brought experiences from The efficiency of the public hearings depends initiative, campaign, or struggle. From not functioning properly. Even the gram Nepal about their local self-government. on the kind of issue they deal with. In the discussions, it was clear that giving panchayats are under this category. MKSS issues that relate to human well-being, the marginalised people space in public platforms can create informal platforms. But the elected Campaigns are important for spreading idea of public hearings works very well. In as an equal part of the public discourse is not representatives need to have institutional causes. But they run out of steam pretty soon. environment related issues, public hearing easy, but has the potential to carry forth the frameworks. There is a need to make legal All causes must be incorporated into the may not work so well. There are many variables struggle for fighting injustice and bringing institutions accountable. Even in Gram structure of governance so as to not let them involved. So the effectiveness is not assured. about change. Democratic participation, it was Sabha and other institutions, we need to have vanish/become invisible. Example: Eleanor So where do public hearings work successfully? clear, came in many forms. proper representation of the people. How do Ostrom, a noble laureate in economics, studied And where are they unsuccessful? we ensure that the leader of the Gram Sabha the management of commons in Nepali Kanak Dixit said, “Here in Kathmandu, we has the representation of all people? Even villages. She learnt that there was a historicity The discussion posed larger concerns about are so fixated on New Delhi that we forget Ambedkar had reservation against putting in the Nepal society which made it easier for democratic institutions and democratic what Nepal can learn, not from the coddled, the local government bodies in the 3rd tier of people to work in community activities. The practices enabling people’s participation self-important demographics of Raisina Hill,1 government. old systems of panchayat, elders and quasi- within India and South Asia. In a deeply but from the constituent states of India. judiciary are now disappearing. But the segregated and highly unequal society, For example, there is much to learn from Suchi Pande said, in response to the issues question is why the villager’s commons have participants wanted to know how democracy experiments in grassroots self-government raised, that idea is not to compare the ideas not disappeared. The answer lies in the fact would work from the perspective of in Rajasthan, or the politico-contractor between MKSS and state governments, but that the ideas have been transmuted into a marginalized groups. What were the platforms complex that has destroyed the river system to find broad principles based on the past modern system suited to contemporary needs. where their voices could be heard? What of Sikkim and is proceeding to do the same in experiences. is the track record of representatives and Arunachal.” He went on to say,” If only Kerala The Local Self-government Act was democratically elected local institutions in were not so far away, it would be good to fill The primary principle of public hearing is that implemented in 1992. Local elections were held listening to peoples voices, and achieving just two or three busloads of Nepal’s best and it has to come from the people. There needs twice before 2005. The plans implemented and equitable development? brightest and trundle down the Malabar coast. to be local support. Secondly, we need to see during these terms were state-imposed and For Kerala also provides a window on the rest what kind of social audit is being done. The top down in nature. Whether this approach Public Hearings are a mode developed to of India.” public hearing policy needs to incorporate would have worked for other places is empower ordinary citizens to ensure that their both information being contained in official questionable but it worked very well for Nepal. voices are heard and recorded. This platform In conclusion, some points to remember and records and people’s experiences. Third, you Thus, local self government can work even evolved over the years, and strengthened some warnings: can get information about policies, but you with a top down approach, if there are officials dramatically with the RTI Act, to a point cannot just take it to the field directly. It needs who understand the context and the situation. where they could potentially provide marginal • Formal institutions are now trying to mimic to be translated and made context- specific Otherwise campaigns have to be organized groups a space to express their points of view the work of MKSS regarding public hearings. for the place it is to be implemented in. There upwards from the grass root levels. and participate in decision making processes, needs to be a process of translation from addressing issues that impact their lives. The • Social media is a double-edged sword. While official information to local idiom. Fourth is Another experience in Nepal is that public experience of formal institutions that had it can help mobilize the masses, it may also collaborating and organizing the information hearings and Right to Information meetings used public hearings like the environment from people who have participated in the get very boring. This is because there is a lot impact assessment, land acquisition etc were 1 Where the President’s Office and the two imposing Colonial seat of program/exercise. There needs to be a of per capita donor funding for them and also discussed. Shankar Singh explained how official power – North and South Block are located in New Delhi

64 65 depersonalize the issue. Public hearings point the idea of participatory democracy • People don’t speak up on their own. This conducted on social media may not be seems possible. But when the movement loses is due to patriarchy and other oppressive effective because the person will not feel the steam, there is no participatory democracy. institutions. People have also given up hope fear of lying in front of a huge group. Only Day to day participation is very hard to in the democratic process and institutions. when you stand up to face people, the process maintain. And without that, the whole concept This is further exacerbated by political parties of participatory democracy unfolds. Also, of participatory democracy will fail. The use taking advantage of emerging movements and technical innovations may hamper the basic of technology is also essential. Websites are politicizing the process for their own means. principle of public hearings. The anonymity instrumental in instituting participation in a and dissociation behind computer democracy. Key takeaways from the session: screens are contradictory to the idea and effectiveness of public hearings. • NGOs have the right to assemble people, • People are a very important component for make them speak etc. But public hearings public hearings. There has to be a local idiom • Getting citizens to engage in public work only with minor issues. When it comes to to connect with the people, to educate them hearings is a huge challenge. Other bigger issues (concerning MNCs, government and to make them confident to express their challenges arise when the local bodies are schemes etc.), the people are powerless. opinions. dominated by a few people (an elite group). They still do not have a voice. Social audit Whatever they say becomes the law and no is an excellent strategy but it needs to be • Public hearing should enforce a coercion- one else gets a voice. implemented with care. The field realities free, safe environment for people to come (like physical separation of marginalized forward without hesitation. • In a public hearing, people’s political communities in villages) come in the way of leaning does not make a difference. Even implementation of social audits. Stereotypes • People need to be made aware of their rights when people are being political or have a and inbuilt beliefs are a huge hindrance to this and entitlements. political agenda, it does not matter to the process. proceedings. • Laws and legislatures need to be made pro- • What happens when disempowered people people. • A Policy framework needs to be put in to decide to express their opinions? A recent protect people who dare to ask questions. example is the sudden implementation of • Pressure groups need to be available to Some of us may not have any problems social audits in women SHGs in Tamil Nadu. ensure proper functioning of the public asking questions, but for the ordinary person When audits began, the women who were hearings. it requires courage to endure verbal or conducting the audit (from poor backgrounds physical assault for exercising a democratic and invisible) were questioned and cross • Use of alternative media, folk media etc. right. checked a million times. But the women were can be used to make public hearings more smart and did their job effectively, despite efficient. • Gram Sabhas are vital to the functioning of the hassles faced. These women also had to panchayati raj. Everyone in the system is to face discrimination because they were dalits. • There is a need for better participation in all be accountable. For the system to function, Patriarchy and stigma comes in the way of tiers of governance. the activation of Gram Sabhas is essential. women’s development. Hence, the issue of public hearings raises many pertinent but • UN forums can be implemented to improve • It is not easy to replicate the formal sensitive issues. the situation. institutions everywhere. Gram Sabhas are a great idea. But there is opposition to it • The Kerala experience shows that records • RTI law can be used to strengthen democratic because it is easier to capture control of are not maintained properly in Gram Sabhas. processes. this institution and subvert their original Proper minutes of gram sabha meetings are not purpose. Therefore educating people about maintained. Even during social audits, people • Changing the mind-set of people is essential rights and entitlements is very important. are caught but explanations/reasons are given, for the way forward. Enthusiasm is high when the associated and the accused are reprimanded in the next campaign is active and from that vantage meeting. So the point of the social audit is lost.

66 67 Breakaway Session 1C: rue democracy, a prominent dalit rights Vemula,1 there were questions raised on The roots of inclusion and exclusion are Including the Excluded: Understanding the activist noted, means meaningful and behalf of the dalit communities whether the important in understanding the democratic Other – Platforms for constructive dialogue, Tsustained participation of minority dalits were really oppressed. Though dalits system. The problem lies in the way disagreement and dissent groups (dalits, women, including ethnic and asserted equality, the major problem was that constitutional bodies function and how stigma religious minorities). These marginalized they were not accepted by society. affects the marginalised from accessing the Anand Teltumbde, management professional, groups experience structural discrimination resources. Anand stated that the society wants writer, civil rights activist, and political analyst and systemic exclusion in a society where they Lack of participation is a major challenge in to change the people instead of changing the are forced to clear dead carcasses from our the field of exclusion and inclusion. Concept mindset, reducing the number of the excluded Teesta Setalvad, Secretary, Citizens for Justice streets; in schools where children continue of equality is far from the reach of the instead of including them in the process. and Peace to be segregated in classrooms; in access to oppressed, equity seems to be impossible. 1% basic services like food and health, and in a of the country’s people own 58% of the wells. Teesta Setalvad’s memoir called, “Foot Osama Manzar, Founder and Director, Digital sense of danger of bodily harm such as rape The question is about the distribution of and soldier of the Constitution” was released Empowerment Foundation and lynching, on a daily basis. Together with access to resources. Non-participation is a by Gopalkrishna Gandhi at the Justice V.R. lack of robust accountability systems, decades passive denial of the fundamental rights of an Krishna Iyer memorial lecture, a day before Vijayan M.J., Programme for Social Action of institutional impunity, and the danger of individual. People lack basic empowerment the workshop commenced. This book explains middle classes in state and in society defining which inhibits them from participating in how challenging it is to have the secular Tripurari Sharma, National School of Drama the priorities and needs for the marginalized, the process. They lack basic healthcare and Constitution adhered to and implemented, the promise of democratic rights and freedoms education. when the political establishment is determined Jyothi Krishnan, TISS, Kerala continues to elude these marginalized to use the politics of religious identity to retain populations. Thus, despite Kerala’s success Ambedkar said that the relationship between power and control. Moderator: S. Anandalakshmy, eminent with decentralized planning, even in the landlord and worker cannot have a balance. educationist context of Kerala, and more so, in the rest of Therefore, bonded labourers have always The battle to provide space for the India, participants were urged to think about been subjected to power domination and disenfranchised in a democratic framework democratizing Indian society. the oppressed are always deprived. The is getting increasingly more difficult, constitutional framework guarantees the when democracy itself is under siege The participants in this workshop echoed people equal rights and opportunities. There by international finance. The complex the questions that had been asked by the is a need to do the basic leveling of the field intersections between democratic rights, indigenous community leaders in Canada. so that participation from the people can be constitutional rights and economic policies equal, from the same plane. The oppression of exclusion have created chasms not only Anand Teltumbde had fundamental of dalits is based on the identification of the economically, but have resulted in the capture questions about the nature and form of term ‘dalits’ with the oppressed classes. of democratic institutions. The people are left India’s democracy. He said it was deliberately merely with the vote, and that too is under the designed to be captured by economic and Society is also responsible as casteism is stress of identity politics and misinformation. social elites. He said inclusion and exclusion denied as a problem, while it is one of the Under these circumstances, the ruling connote the differences in society. There fundamental reasons for the failure of Indian establishment attacks freedom of expression are several kinds of emotions. Dalits are democracy. The poisonous soil of casteism and through that, it controls difference, oppressed because of historical reasons. The does not allow democracy to grow roots. disagreement and dissent. Invoking anti- question posed by him is, ”Were the Dalits Therefore the difference between lower and nationalism has become a means to justify really excluded?” Historically the dalits were upper castes and class has to be reduced to the restriction of participation- disallowed in made to be workers at the bottom of the the minimum. multiple ways. A bewildered citizenry is forced social hierarchy in the villages and subjected into silence when national security is invoked. to manual work and serfdom. The power 1 Rohith Chakravarti Vemula was an Indian PhD student at relationship was unbalanced and therefore the the University of Hyderabad and author of the book Caste is Not a Teesta Setalvad focuses on three areas in dalits were always placed always in the lowest Rumour. An activist with the Ambedkar Students’ Association (ASA), which inclusion and exclusion criteria can be he committed suicide on 17 January 2016 following a controversy that strata of society. The concept of exclusion had begun in July 2015 when the university reportedly stopped paying assessed: the first priority is the law and justice and inclusion exists to patch up the existing him a fellowship of Rs 25,000 (US$ 390) per month because an enquiry system of the country wherein the structure found he had been “raising issues under the banner of Ambedkar inequalities in society. In the case of Rohith Students Association”. of criminal justice system is made in such a

68 69 way that it tends to ignore the oppressed of Journalism is important to educate and inform The stigmatization leads to homelessness of on the intolerance of society, he stated that the country. The people of the country tend citizenry. The corporate driven media has these people and then unemployment. There people are not open to accepting the views to ignore the judicial system and avoid going ceased to see their role as the fourth estate. is no permanent residence and no social of others and their ideologies. He discussed to court for redressal. Accordingly two major Media is not catering to those who are the bulk privileges. Talking of the kalbeliya (snake the phenomenon of reverse discrimination problems arise: the shared hierarchy of the of the Indian population. Information flow charmers) community, Paras stated that the wherein the included have to be excluded now patriarchal system and accessibility to legal is fundamental and participatory democracy community members have no land to bury in order to bring back equilibrium in society. rights. According to the speaker, Maharashtra needs to know most importantly. The ordinary the dead. As per one such incident in western The example of Aadhar Card and UIDAI, as and Gujarat are the two states in which citizen needs to think of the role of media and Rajasthan, they were denied space to bury by exclusionary processes for many of the poor extreme challenges have been faced by citizen address it as a part of democratic concern. the community and did not find support from is barely acknowledged. Mentioning the engagement. the administration either and as a result per public interest litigation (PIL) against forced There is no viable legal aid system in the force had to bury their dead inside their own enforcement of the UIDAI - a system which One needs good lawyers in the criminal country. The challenges range from opaque homes, cowed down by fear of the villagers. makes a bio-metric based identity mandatory justice system. Good lawyers engaged in this appointments of judges to poor quality from a pre-birth stage to death. Now, while process need to be made aware of the RTI of prosecutors as opposed to the good The culture of the nomads is rich in musical Aadhar has been made mandatory, it cannot Act in law colleges and in courts. Another quality of defence lawyers. Institutional heritage and crafts. Paras supported the be made without residential proof. For those challenge is the fact that the courts have mechanisms that can improve legal systems need of amending laws in order to protect without homes, it is denying citizenship. to pronounce judgment on high profile involve installation of CCTV cameras inside the identity of the community members. He Social entitlements give people the entitlement political personalities. For example of Donald courtrooms, audio transcripts as also proper stated that the Environment Protection laws to be recognized as citizens of India and Trump’s recent case in which a sessions judge and frequent utilitisation of the suo motu are so rigid that they deny the opportunity for therefore a part of democracy. The process of was empowered enough to take legal action power by the courts. There can also be many communities to practice their traditional exclusion happens based on gender, caste and against the President of the United States. In “judiciary watch” that analyses judgments and professions. The Banjara community in land ownership. India, the judges restrain themselves from key trends thematically such as gender , labour Rajasthan traditionally practiced salt making, exercising such powers which are enshrined in laws etc. but have shifted to the sale of cows. The Vijayan endorsed the statement made by Paras the Constitution and also in the legal statutes community now has been victimized by and commented that people are arrested for no of the country. Awareness of the judicial Paras Banjara from Rajasthan focused corruption and restrained from selling cows reason other than suspected criminality based systems, institutions and government bodies on the nomadic communities residing in in mandis (market). They are asked to pay on their cultural identity. The tribal/adivasi can empower the people to have a better say in Rajasthan. Talking about the details of the graft of as much as Rs 10,000 or 20,000 per is a mere vote bank to be tapped at the time of democracy Balakrishnan Commission on the ghumantu transaction. The latest is the attack from cow elections to the country. There are movements community, Paras stated that there are around lynchers. On October 5, 2016, 15000 Banjaras driven by community oppression, like the In the criminal justice system as in the 15 lakh members of the community in India filed their first FIR against an RSS member. It national fish workers forum, and their success appointment of the judges, there is nepotism. out of which 94% belong to non-BPL category required huge mobilization and agitation to do has attracted lot of attention. Further, it has Some of the possible solutions for creating a and 50% of them reside in tents. They roam the so. Mentioning the strong Hindu ideology that now been politicized with representatives bettor institutional structure are already under streets in search of employment and they have is restraining the people from being secular, of different parties having taken over the consideration. There is a demand for CCTV no social entitlements whatsoever. As they are he said marginalized communities have to be leadership of the forum. cameras to be installed in the court rooms. nomads, they do not have voter IDs or ration heard in the mainstream. cards. In fact, they have no proof of citizenry. The problem is much more deep-rooted. There Teesta Setalvad also underscored the This is a major challenge in participatory 98% of the nomadic Tribes are landless. Many is a rejection of the fact that marginalization importance of political education in democracy. don’t have proof of identity, so the basic exists at all. The various layers of exclusion participatory democracy. According to her, the right to vote is not available. Other challenges have divided society into caste and religious curriculum content that the children are being Loss of identity of these people happens in include overcoming the stigma of having once identity groups with them fighting amongst taught in the school textbooks have to be two ways - firstly, by way of flack of social been declared as criminal tribes. Their identity themselves, overlaid by patriarchy, and making revised and updated to present correct facts. entitlements and the secondly, because of is now facing erasure by hindutva forces. social mobility even more difficult. Without this, the participation of citizens the loss of cultural identity. The historical in the democratic engagement is difficult. atrocities perpetrated on these tribal Vijayan focused on the historical operation of Tripurari Sharma talked of cultural and Subaltern history has to be included in the communities dates back to the Criminal the marginalised in the country and related dramatic aspects and addressed the issue of pedagogy. Tribes Act meant for the Denotified tribes the concept of inclusion and exclusion to inclusion and exclusion in a society based as brought in by the British government. casteism and denial of rights. Commenting on cultural grounds. She said that there is a

70 71 platform for diverse cultural manifestations in Society has forced the artist to satisfy the tribal pockets of India. She cited the example participatory democracy work at the lowest society and for them to co-exist. The glamorous audience and not express himself or herself of Atta Padi village, the Oora Koottam (tribal level of the power hierarchy, to maximize world of theatre and drama at times does in performance. The demand created for a conclave) which gained prominence over all the inclusion of people in the participatory not recognise the reality of inclusion and particular genre of music has lost its repertoire the other forms of governance and the people’s processes. exclusion. The jan sunwai or the social audit is and its historical knowledge. It has even mandate was governance in the villages before an important tool for participatory democracy limited the scope of media in the society. She the panchayati raj system even came into All the participants agreed that the space but is in fact, paper dependent. The rigid norms critiqued the media market that demands a existence. People got together to discuss the for dissent was under severe threat, and that exist in papers have devalued the oral singer to adapt to a particular form and losing problems and would sit all though the night to that protecting dissent is one of the most tradition and people’s power is lost. Tracing cultural identity is becoming a trend. The arrive at conclusions. This trend has now been important tasks, without which meaningful the origin of the word audit which means audio irony of fame and popularity is that the more formalized and the meetings held by Gram participation from marginalized groups she stated that the power of spoken word is visible the performing artist becomes, the Sabha at the village level have been reduced to cannot take place. always stronger than the written one. more invisible and alienated he/she becomes a formal meeting which hardly lasts for half an to himself/herslf. hour. The Tribal Sub-Plan is implemented only Key areas of concern include media reform, She continued to say that words like in letter and not in spirit. education and curriculum. Other mechanisms transparency, accountability and right to She regretted the cultural deficit amongst the include public hearings and decentralization. information must become a part of the lives performing artists and the marginalised class. Mono culture poses a threat to the local of people every day. On an intellectual level, As performers and practicing professionals diversity of the communities that exist not people must be made aware of the rights they can no longer relate to the spirit and the only in Kerala but all over India. Many a times and the phenomenon that can include them joy of the profession. It has been reduced to the voices of the minority communities are in the process of participatory democracy. treating work as a means of gaining resources not heard in the mainstream and discussions Commenting on the traditional folk songs for survival. They no longer relate to their work are so time bound that the real problems of that were written and the portrayal of Indian and would rather create a fake story to please the people are not brought into perspective. society in the olden days, she recognized folk others. People’s plan was a remarkable success and art forms as an expression of participation from 1991 to 1998 the participation levels in and a contributory factor to build democracy. The solution to the problem lies in the gram sabhas were tremendous, but there According to her, “Everybody has a story to transcending the existing barriers to see the has been a reduction in the numbers of people tell and a song to sing but is there anyone who perspective of the other people and realising participating in the gram sabha since then. wants to listen?” This is a measure that the the uniqueness that every community in the society must have to keep in check the level of country brings to the table. Empathy and There has been a shift from planning to marginalisation. respect is the key for bringing the excluded implementation in the gram sabha and its into the domain of the included. A platform discussions. A reason could be the obvious Talking about the performing communities must be created where performer and the lack of discussion at the grassroot level. of India which have distinct cultures and marginalised gain control over the work. Information is scanty and without adequate traditional art forms, Tripurari felt that information, implementation cannot be such communities have been forced by the Cultural performances are closely linked to effective in empowering the citizen and mainstream and pushed almost to the verge of tribes as many of the tribals are performers. carrying out any welfare activities. The fund extinction. Many have been forced to give up These performances are viewed with allocation under schemes like Indira Awas their profession. Praising the cultural history disrespect and they are expected to conform to Yojana must not only be equal in all the of these communities and appreciating the the demands of the listener or audience. districts and States, but sufficient to cover comments of Paras, she agreed with him that specific needs of the communities which exist the denotified communities like the Banjara, Jyothi Krishnan, TISS explained that the in the different pockets of the State. have been oppressed historically to gain inclusion of the marginalised into the dominance over the region. The higher castes mainstream must happen with respect Admitting the remarkable progress that the always consider themselves superior to the for plurality of world views that exist Kerala government has made, Jyothi said performing artists and the performers were globally. Drawing the attention to the example society is still patriarchal in its nature. The seen as people who were at the mercy of the of decentralization in Kerala, she focused on ability to listen to multiple and plural points of viewers - the audience - for survival. the two levels of democracy in the rural and view must be incorporated, in order to make

72 73 Session 2: he discussions highlighted the fact that Everything which is common land, pasture If you follow the news, you witness this The Journey of People’s Sovereignity the power vested in these constitutional land, ecological delights and open areas are electoral malpractice every day. We are through Representation; Parties, Tauthorities/officers with a regulatory all named ‘wasteland’ because ideologically receiving loaded news in complete violation of role is only effective if it can be, and is wastelands can be used for property for profit. free and fair elections. People and Parliament properly exercised. An Election Commission, for example, that allows a resolve for the The crude version of looting democracy or I represent an organization which is called Breakaway Session 2A: construction of a temple (unconstitutional) distorted reality is called Paid Media. We can Common Cause. There are three reasons Watching the Electoral Processes – in a party manifesto, is clearly weak and buy spaces in newspapers. In Haryana, half behind why we got into the electoral reforms Elections and Electoral Reforms ineffectual. The discussion on constitutional a page everyday was given to Congress for business. authorities was widened to include larger an entire month during elections. Hooda ji Trilochan Sastry, Professor of Quantitative concerns about the ruling party’s attempts is someone who gets tears in his eyes if he 1. In 1996, a petition was filed in the Supreme Methods and Information Systems at IIM, at historical revisionism through distorting sees someone in misery. If someone calls Court asking the political parties to show Bangalore historical records and rewriting history. him Pradhan ji instead of CM, he feels as compliance of the obligations under the IT Act. if someone has given him a lota (glass) of IT returns have to be filed by even the political Tarak Bahadur K.C., Deputy Executive The Indian Constitution, as in other milk with honey. Somebody with extremely parties. In fact, there are some parties which Director, Nepal Staff Administrative College countries, was the result of rigorous debates limited imagination has written a positive are in existence for the past 40 years and they that incorporated an inclusive perspective story for him. Story after story, you don’t need have never filed these returns. Section 77 of Shahjahan, Indian Administrative Service with protective provisions for marginalized to be a social scientist to figure out what is the IT Act clearly holds that that the political (IAS), Kerala cadre groups in Indian society. But current efforts happening, it is all in your face. Anyone can see parties do not have to pay taxes if they file at historical revisionism and questioning it. If you want positive publicity for your party, their returns. Nobody is saying, “Show us, Naurti Devi, Vice-President, School for the relevance of the judges’ interpretation you have to pay a certain rate. But if you want where have you got your black money from?” Democracy; former Sarpanch, Harmara, Ajmer of constitutional guarantees pose a direct to tarnish the name of your opponent, then Under the Companies Act, there are certain District, Rajasthan threat to the fundamental principles on you are charged 100% more. Unless, of course, donations which have to be reflected in the which democracies are organized. A check it is gossip. account books of the parties. There has to Vipul Mudgal, Director, Common Cause, Delhi on the creeping authoritarian tendencies be a distinction in the money spent by the of India’s ruling party is possible through Unfortunately, there are violations. Electoral candidate in the constituency and the political Moderator: Shiv Visvanathan, Professor, robust constitutional institutions, their laws are brazenly violated - violation of parties nationally and that has to be clearly O.P. Jindal Global University, Sonipat independence, and the need to “popularize” providing level-paying field to your opponent, shown. Supreme Court gave a generic order the Constitution, rather than simply violation of Security and Exchange Board stating that parties must comply. Since then defend it. of India (SEBI) norms, no disclosure of the parties have started filing their returns. source of their wealth, violation of income Vipul Mudgal, a journalist by training tax laws and violating all ethical codes with 2. Second case relates to criminalization of and director of Common Cause began by your readers (and voters). It is also cheating politics which stated that if there are criminal saying that political parties and politicians directly. cases pending against an MLA or an MP, are mediated. From the perspective of a they should be finalized in one year. There journalist, media is interesting as it is a One company paid Times of India money for was a landmark judgment from the Supreme reflection of reality and not reality itself. showing the success of GM crops. There was Court which ordered all the High Courts Reality can always be digitally enhanced an advertisement that a farmer’s son comes to make sure that the subordinate courts and the flipside is that it can be distorted. back from college and he sees that his dad has complete these cases within one year and in Speaking for the middle class, he called got a Scorpio. They actually did a news story case they are not able to finish the hearings, them as people who “Do not smell the people stating how happiness has come to the city of they should give reason to the Chief Justice of with whom we interact, not go to political Vidharbha wherein they are doing wonderfully the respective High Court. We have recently rallies, do not participate in local elections.” well with GM Crops. Someone found out and filed an interim application asking for the When asked to head a Sexual Harassment P. Sainath wrote in The Hindu stating that the implementation of this judgment. Committee, we suggest other names. We reporter had taken matter out of a company avoid political participation and process in pamphlet. This is nothing but fake news. 3. Sahara-Birla Diaries cases. An excel sheet every possible way. was recovered showing how much money

74 75 was given to whom. The Supreme Court held in last 15 years from about 70,000- 80,000 only one language. They should think that, “If Honesty is a crucial consideration and all that the evidence presented was not valid. Rs. candidates in every assembly and Lok Sabha I misbehave, I will lose the elections.” of us should come together to create voter 155 crores were impounded in an IT raid in seat shows that 30% have criminal records. awareness. She further pointed out that she a Sahara office. Parallel IT raid was carried They protest against this, but according to Naurti Devi , a former Sarpanch who had is from dalit community. During her tenure out in the Aditya Birla office wherein Rs. 25 the law they have committed crimes. If they been debarred from standing for re-election as a Sarpanch, many people from the upper Crores were seized. IT officers held a press want they can amend the law. But as of now because she had not gone to school (even caste tried to prevent her access to resources. conference. All the money and records were under the Criminal Procedure Code they are though she was self- taught) explained But she was not deterred and continued to do held in reserve. Now, IT department did an offenders and criminals. You can’t become the parallels between Panchayat, State her job. investigation which was certified by two equal a peon if you have a criminal record, but and National elections, and the example custodians of cash who were present there. politicians get away with things. Many of them that could be set by running a transparent Anita Gurumurthy said that in this workshop They admitted to owning the cash. This was who are sitting in the Parliament are serious Panchayat. The issues of class and elite we are concerned about elections not being corroborated by the excel sheets certified by criminals. Kerala is fortunate because there are capture, in the absence of real participation democratic. Though there is much more to the IT which matched with the records on the not as many with criminal records in this state. by all citizens was amply clear: money, class, democracy than elections, but we can certainly hard disk of a laptop of the Chief Executive of caste, and even schooling could be used for say that first step towards making democracy Sahara. The Court, however, stated that there People on their own do vote for these people. capturing the electoral system. work in a stratified country like India is was no evidence to charge the guilty. More We are talking about paid news. Well, this is elections. This means that we need to establish evidence was produced in which there were another reality. We cannot stop distortion of (Translated) level-playing field as an essential pre-requisite. analysis by IT and others of records. The most facts by media. The fact is that people swallow Can money-power be used to subvert the charitable explanation is that Courts are also a these lies. Why do we swallow the lies? We let “They should ban election expenditure and electoral processes? Tamil Nadu has perfected part of the establishment. One of the unofficial them fool us because we choose to be fooled. criminality. Candidates must be honest. the act of bribing the entire electorate – it sources said, “Show us one politician who Without honesty, you cannot effectively is called the Thirumangalam model. The doesn’t need money.” There are a few things that we need to function – be it the local panchayat or the numbers are mind-boggling as every voter is do. One is structural reforms – change the PM’s office. I was Sarpanch from 2010 - 2015 bribed. The financial norms are violated and If you look at electoral reforms not from law, change the legal system, put in some in Rajasthan.” She did not spend money it is almost impossible to arrive at accurate a legalistic point of view but track media regulations for the Election Commission - all on her election to the Panchayat. She only figures of money spent on elections. coverage or follow the money trail, you reach of which fall under administrative issues. But spent Rs. 2000 on publishing pamphlets interesting conclusions. who is going to create voter awareness. The which informed the public about her agenda. A critical question to consider is whether Election Commission is not going to do so, In 2015, the state government stated that (going by the case of Citizens United in the Trilochan Sastry, spoke of the attempts by the Supreme Court won’t do so, the political any local government member should be U.S.) third parties can spend on your behalf. the government to remove whatever little parties won’t do so either, the Government of educated at least till 8th grade. As a result, This lifts all restrictions with disastrous transparency there was in the electoral India or Kerala won’t do so and media won’t this time she could not contest elections as implications for a country like India. The process by bringing in measures like the either unless it’s a nice masaledaar (spicy) story. she is not formally educated. The current legality, constitutionality etc will have to be secret electoral bonds. Trilochan said his work So who is left? Basically, you and me. There is Sarpanch is literate but he is not honest, he looked at. Election expenditure then becomes is less at the grass-root level in terms of the no one else to save the country. Voters need to has no understanding of the needs of the fundamental to a clean and healthy democratic panchayat. It is closer to representational than be aware and create change. The only language people. Likewise, they are MLAs and MPs who process. participatory democracy. He talked about that politics understands is power. For them are economists and have Masters’ degree in MPs and MLAs and what citizens can possibly power means numbers. Political Science who are also very corrupt. On the positive side, how do we make sure do to try and improve that process. The MPs So is there a relation between literacy and that all candidates get at least some access and the MLAs can be questioned, but activists When the RTI law was passed, they knew that corruption? to the constituency through mass media need to consider firstly, the nature of political there were numbers behind it. Right from or the digital world? How can the Election system at the state and national level. If we economically deprived to middle-class citizens Last year, MKSS did a 100 day long Commission allow debates which can aid had more leaders like Thomas Isaac we don’t were interested. We got the RTI Act because accountability yatra in Rajasthan. Shankar people without money power to fight against have to hold dharnas and fight heroically and of the mobilization. Fundamental changes in ji would sing his songs in 300 sabhas. In rich candidates? This is very doable. This get killed because he is doing a good job. The the way elections are held, the way money is Jhalawar, the constituency of the CM and might make inequality less problematic. perspective really is to get really good people distributed and the tickets are given to thugs her son, local MLA along with his goons beat into the parliament. Secondly, the chicken and cannot come without systematic mobilization up our friends and Shankarji. That MLA has Thirdly, some portion of Corporate Social egg problem is criminality. The data collected of large numbers of people. They understand escaped from any police charge. Responsibility money may also be routed

76 77 to the candidates. This is a very disturbing creation of a Republic in 2008. Now, we have a the Supreme Court ruled that there has to be development if it is true. republican state and a Constitution which was a threshold followed by parties and Right to framed last year. We are expecting elections Know but parties disobeyed that. When every The highlight of whole election of Obama was under the new constitution. But parties are employee is a member of a political party then the extent to which he was able to involve a in conflict. Elections are the foundation of how can you ensure free and fair elections? large number of people for campaigning. The democracy. But how is it the foundation? election itself can be participatory. AAP had an Election reflects public opinion, concentration Moderator Shiv Visvanathan, Professor, idea of involving as many people as they could. of popular interest and representation of O.P. Jindal Global University, Sonepat: How can you include more people as active socio- economic concerns of the people. It will participants and not as passive voters? try to solve some purposes that is selecting The challenges of social disability and leaders and providing legitimacy and making hierarchy in Indian society, and the mirror Another aspect is whether we should have the government accountable. Fair elections is image amongst India’s elected representatives ceilings on tenures or not. Even though the a must for these things. Highlights of Nepal’s were addressed as the larger concerns of Panchayat Act is not the reason why Naurti Constitution include people’s participation, civil democratic practice. However, some expressed Devi could not contest, in Karnataka they have liberties and human rights, periodic elections – faith in the structure of the Constitution and complex stipulations regarding reservations which hardly happen - complete press freedom, the role that officers of the Constitution can which keep changing. These restrictions are independent and impartial judiciary (but 80 play in a situation when legislatures deny only for Panchayat. In U.S. there are maximum High Court judges were appointed based on the citizens basic rights. term limits. Should we consider them? 3 major parties’ convenience), adult franchise Randomly changing reservation norms could and fundamental rights. The paradox and dilemma of democracy is be unfair to the candidates. that today’s status quo was a hard earned But the situation is very grave. The Election right fought from the French Revolution The whole issue of qualification for Commission is a constitutional body. Three onwards. The vote may today be coloured and representation is completely outrageous. I am people were nominated by three major parties. disfigured by the nature of global elections, disappointed that courts have upheld this law The rights include the right to vote for a voter but for the people of India, it remains the one in Haryana to be legal. who has attained the age of 18 years, and there is single link with governance. The loss of faith scaled eligibility for candidature and for office. in the process will harm the people more than The first past the post system can be combined There is a legislation wherein the procedures are we can imagine. As Gopal Gandhi reminded with the proportionate representation laid down with legal provisions for violation. participants at the beginning “it is not a choice model because some parts might get more but as fundamental as breathing.” Elections representation. In Nepal this system will ensure that no majority he reminded participants is a “right” and party is in power. Financing of candidates, not a “gift” and the power to choose leaders Lastly, we talk about digital possibilities. One factors which affect voter participation and and representatives is in our hands. Judicial good thing is that the Election Commission voter turn-out are few aspects which come pronouncements must be implemented when is digitizing records of candidate’s speeches. under electoral reforms. 4 men and 2 Dalits there are cases of violations, the ambivalent Candidates, who are campaigning by violating should be executives, 5 women and dalits to be attitude of the governments have to be laws through speech, can be disqualified. municipal executives, 2 women will be part of questioned by the citizenry. Municipal Council in order to be more inclusive. T. K. Bahadur K. C., Deputy Executive At provisional level, there is conflict between The mode has to be critiqued but cannot be Director, Nepal Administrative Staff College parties. 40% candidates are elected through done away with. Representative politics has had a story to share. The story of Nepal is not proportional representational system ensuring a role, it needs however to be made more very different from India. Nepal in 1951 was representation of diverse groups. transparent and accountable. under PM Shreshtha. The 1951 revolution led to the establishment of monarchy. 1958 - 1960 saw The challenges are that in a mountainous the parliamentary system but it was co-opted terrain even getting voter identity to everyone by the King. In 1991, the Parliamentary system is difficult, not to mention the problem for the was restored. The people’s revolution led to voters to access polling stations. Two years ago,

78 79 Breakaway Session 2B: ow does a citizen or a group of citizens Anjali Bharadwaj explained the manner The demand for pre-legislative mechanisms Citizen Engagement with Parliamentary engage with representatives in in which Satark Nagrik Sangathan not of transparency seen in this context are Processes and Procedure HParliament and the State Legislatures? only watches the expenditure of MLAs fundamental to citizen engagement in their Those who work within parties have one set of and MPs incurred through their local exercise of sovereignty. Venkatesh Nayak, Program Coordinator, problems due to issues of internal democracy, area development funds, but also tracks Commonwealth Human Rights Initiative, and lack of consultation on substantive and watches their work within the Paid news was one the many issues discussed Delhi issues within parties. Those outside the party Parliamentary and legislative committees in this session. It is possible nowadays to pay structure have had to struggle long and hard to as a means of increasing accountability of a newspaper to carry distorted or fake news to Annie Raja, General Secretary, the National make space within the legislative structure. the elected representative even between put down an opponent in the electoral process Federation of Indian Women (NFIW) elections. or promote the candidate paying for its Parliamentary processes as they exist today publication. There is a range of prices for the Anjali Bhardwaj, Founder, Satark Nagarik are exclusive. The people must have access Annie Raja explained how women’s same. This has severely distorted the electoral Sangathan, Delhi to parliamentary processes. Horizontal groups within party structures had to arena making it an unfair system. The media engagement of parliamentarians with the build solidarity with women’s groups which plays such an important role in voter V. K. Baby, Indian Administrative Service people - to share their plans and programs, outside if there were ever going to be education is therefore a reflection of reality (IAS), Kerala cadre needs to be worked out. Indian policies are adequate representation within parliament. itself. It could be enhanced or distorted. dictated by the World Bank, the International She spoke of the work of the National Moderator: John Harriss, Professor, School Monetary Fund, and the Asian Development Federation of Indian Women to pursue the The Election Commission and the government for International Studies, Simon Fraser Bank and not by the people. Any memorandum long standing promise by the mainstream are impervious to landmark judgments University, Vancouver, Canada of understanding signed by foreign institutions political parties to legislate on the issue regarding accountability of commissions should be available for public scrutiny. Above of 33% reservation for women in the and the electoral process. Ultimately all, political parties should be made accountable Parliament. “good governance” is not possible with to the people. Trade unions, informal sector, representatives who have criminal charges contractual labour, manual scavengers and The lessons learnt from the campaigns against them and who peddle black money. other marginalized communities should be discussed during the session point to a Unless the influence of black money in at centre stage for policy designs. Prior to any number of issues. Potential opportunities elections is reduced, things will not change. policy decision being taken, the people must be include setting up of deliberative The solution lies not merely in a change in given sufficient time to make their suggestions. committees of members of the legislature, political parties. The electoral arena will not The Parliament should give all those petitioning legislators and local level change without systematic mobilisation of the interested an opportunity to depose before the political representatives for participation in masses against the kind of politics of today. Parliamentary Standing Committee. planning both at the level of fund allocation and policy formulation. Take for instance the issue of educational There is no accountability of a Prime Minister qualification required for contesting an to the party leaders, and the ministers are not Challenges election. Most women over 35 would be accountable to the parliament or the people. Lack of public access to the legislative debarred as would tribals, dalits and those To compound the problem, political leaders of zones sometimes restricts citizens from who do not have physical access to schools in political parties are also sometimes unaware of directly petitioning members of Parliament. remote areas. Access to schools is curtailed policy decisions. MPs and MLAs are unaware Further, lack of accountability in terms severely as more and more schools are being of parliamentary/assembly proceedings. of not giving reasons as to why citizens’ privatized, rapidly reducing schools with free The mapping of policies could serve a public suggestions are not taken up is dangerous. or nominal fees. Candidates should be voted purpose and even contribute to educating in only on the basis of integrity and ability the people. Therefore, mechanisms such as We have increase our understanding of and not on the basis of other extraneous pre-legislative consultation is necessary for formal institutions such as the Legislative considerations. the public to be able to access guaranteed Assembly/ Parliament, and auditors. constitutional entitlements effectively. Participation requires understanding The implementation of election laws must It follows that people must be taken into through multiple ways: education, training, be made more stringent. There should be a confidence for pre-legislative consultation. workshops and hands- on action. complete ban on use of vehicles, big money

80 81 or alcohol etc during elections, how else can are punishable. Even lay men and women are equally, but equity needs to be improved. back to the Parliament and present them. This there be a level playing field which is a pre- punishable if they pay the bribe even in times There is also an erosion of political will. way he can take a stance confidently, backed by requisite for free and fair elections? There of need, like in hospitals. Under the RTI Act, Politicization takes place i.e. political interest his constituency. should probably be term limits for candidates government should have an obligation to say dominates and works against the interest of contesting in assembly and parliament what they have received as bribe and why they the citizens. Consensus based collaboration Instruments are needed for engagement with elections. accepted it. must take place to fight corruption. There is people. As regards the Bills which are referred also the erosion of trust – the faith will come to the Parliamentary Standing Committee, very The campaign for clean elections should be a While the Parliament remains fairly only when there is transparency and the people few individuals get the invitation to depose continuing process and electoral education open through webcast etc., but access to know what the representatives are doing is in before the Committee. Sometimes, people end about fair and free elections should begin from information still needs to be improved. It is their best interest. A significant gap between up using undemocratic methods (influence) the school level. critical to have an institutional provision/ policies and practice is also a big problem. to express their views. For example, the framework. Information needs to be provided Romantic policies which are not really NREGA was introduced by UPA. The Standing Anjali Bhardwaj noted that parliamentary in local languages. Accountability is needed implemented do not do anyone any good. Committee was headed by a BJP leader. The processes where citizens can engage are for these frameworks to function well. She BJP leader did not have a standing committee required. This fits into the demand for commented that, “Once in every 5 years people The way forward requires the government meeting for over 6 months. So when the person a sustainable and systemic platform for come to ask for votes then they forget us”. No to redefine the concept of engagement and heading the Standing Committee is from a engagement created by the state. As important one knows what the elected representatives do participation. Specific definitions need to different party, challenges have to be faced. as this may be, pre-legislation consultations after they get elected. be made regarding these concepts keeping are necessary for understanding the the context in mind. According to the policy, There are many tools like the Petitions Committee complexities hidden in legislations. All laws V.K. Baby looked at the issue in a different it should be made clear that it is the public’s but how many of them are known let alone impact citizens and they have a right to know context - cutting across different institutions money being used by the government. The be put to use? How many know about the what indeed is being passed in Parliament in from Gram Panchayat to legislature. Kerala money does not belong to the government but existence of these provisions? If the existence of their name. Actually very little consultation as a state believes strongly in decentralization to the people of this country. Hence everything these provisions is not made known, how will takes place before Bills are passed. In as a powerful tool. We must integrate people needs to be made open and accounted for. people ever use them? fact, various provisions, drafts, citizen’s from all walks of life and integrate them in a Improvements in transparency and commissions etc. need to be made transparent democratic exercise. What is participatory in accountability are necessary. Another issue related to effective access to and citizens’ views need to be solicited and USA or Canada cannot apply to Rajasthan or parliamentarians. We need to understand that considered. Karnataka. It is a different context. Whatever Annie Raja highlighted the plight of public parliamentarians are humans too. Many times we do, cannot be fruitful until we ensure that it when it is not consulted before the formulation they are not conversant with the legislative She cited the recent examples of accountability is applied properly. of policy and legislation. She clearly stated procedure/legislations. Thus when we get legislations. Government makes amendments that pre-consultation is absent from decision to meet parliamentarians, time is wasted in but does not make it available in the public According to him, the process of making, except for a few exceptions. Issue explaining the procedure or Bills. If the party’s domain for the citizens to see. The problem institutionalization is important. In 1996, of BT Brinjal was one occasion when the views is in conflict with that of the MP’s, the with the Delhi Lokpal Law was that it had all citizens from Gram Sabhas participated government did go to the public. Likewise, parliamentarian cannot help you (even if they no pre-legislative process. As a result, to frame rules. Technical committees were in the aftermath of the Nirbhaya rape case agree with you on a personal level) because participation by the people was never a maintained to ensure that the Gram Sabha when huge protests took place all over the they are not allowed to go against their political possibility. It is critical that people are functioned well. Social audits were used to country, the government said it would amend whip. Ministers do not make time to meet their informed and participation is encouraged. monitor these systems. RTI Act can be used for the existing law and tasked the Justice Verma constituency. Certain ministers even have contacting community. Everything was made Committee to prepare a draft law. Justice double standards and can also end up harassing We need the deliberative committees to easily accessible to the citizens. Voluntary Verma Committee and the Law Commission people who come to meet them. function properly. The way people are asked to disclosure was adopted. Empowerment did reach out to public for suggestions. present their position is completely arbitrary. process was done via skill development Again an example will clarify. A few people In some cases, where vested interests are processes. It was not all just rosy. The response It should be the responsibility of an MLA or from the Narmada Bachao Andolan came to involved it is quite alarming. For example, was mixed. But it was a step forward. MP to first understand what issues are tabled meet a Minister. The Minister met with them, cabinet documents are kept confidential in the in the next session of the Parliament, but immediately after their meeting those and therefore cannot be accessed. Under the This is not to say that there are no continual and then he or she should go back to their people were arrested by the police. And none of Prevention of Corruption Act, all bribe givers challenges. We assume that everyone accesses respective constituents, gather opinion and go the newspapers reported on that.

82 83 Amitabh Mukhopadhyay, former Director Think tanks in parties are misnomers as they the last decade, people’s movements won Breakaway Session 2C: General, C&AG of India said that toe the party line. What is needed is dedicated some uncommon legislative victories after Independent Commissions fear is a dominant factor in preventing access support for them, as parliamentarians gather decades of ongoing struggle for right to to democratic rights. It was this fear to speak their information from the media, which as information, work, food, access to forest Wajahat Habibullah, former Chief which was addressed by Gandhi and the we have seen is often compromised. They land and education, now they are faced Information Commissioner, Central national movement. Independent India has are not proper sources for parliamentary with an unprecedented challenge in the Information Commission; former seen its return as we opted for a centralized research. The reference library also does political environment. Populist declarations- Chairperson, Minority Commission state (to copy the west) instead of Gandhi’s not work as an objective body. The staff give exclusionary tactics and the gap between suggestion for de-centralized governance i.e. personal (and politicized) opinions instead rhetoric and delivery have required Henri Tiphagne, Executive Director, People’s Panchayati Raj. of objective information. Institutions like the revisiting governance issues of policy and Watch Parliamentary Research Service (PRS) have implementation. Rights based laws have Definitions and implementation of the been a very good concept in practice. They come under attack by the hostile power Vincent Paul, Chief Information parliamentary procedures of India were provide resources – both human and material elite, ever jealous of sharing power and Commissioner, Kerala copied from the west and even though those - for MPs. space alike. The dominant political narrative countries have moved on, we are stuck there. continues to blame rights based structures Sayed Akram Afzali, Integrity Watch, For example the Petitions Committee is very Citizens’ engagement or political engagement for lack of “progress”. This narrative can Afghanistan difficult for a common person to access. is a loaded word like the word civil society only be countered with hands on factual The initial idea of the Petitions Committee - inclusion or exclusion is implicit in the contradictions by calling power to explain and Moderator: Sonia Laszlo, Director, ISID was to keep people’s voice as far away from term itself. Take for instance, the Land be accountable. the Parliament as possible, as it was framed Acquisition Act. This is a classic case of any speakers including Gopalkrishna by the British colonial government to keep political engagement - from opposition in Gandhi in his keynote address the Indian citizens at bay. Petitions cannot the parliament to street protests. There is a Mhad spoken of the important role be moved by a common person, but only complacency in the feeling that we can have independent commissions and regulatory through an MP. an engagement with the government. There bodies could play in making sure that Indian is no scope for arguing with anybody about Democracy is not kidnapped or held to We need to cut down on existing laws anything. The heart of the parliamentary ransom, by any group that wants to undermine and not push for more. There is a lot of procedure is related to public reasoning. Public Constitutional principles. Often the mandate change in structures of parliamentary reasoning itself constantly veers towards of a commission is unclear and there is no functioning. Essential questions to be asked ideological stances. Nowadays, any act of trust clarity amongst the citizenry as to whom the now – whether the existing procedural is a mixture of a strategic reason, an emotional commission is accountable to – whether to ecosystem is consonant with our times? Or reason and a logically arrived at reason. the government, political parties or the people is it too reflective of the times and contexts at large. There are over 160 Commissions it was borrowed from? For instance, in Participants from the vibrant non-party in India but their ability to deliver justice contemporary Indian electoral politics, we political sphere shared their experiences is questionable. Principles which apply to need more stringent anti-defection laws as from the perspective of different people’s appointments of commission members are we see majoritarian rule moving towards a movements and campaigns that have gone routinely violated in India. Commissions totalitarian state. through advocacy processes and organised started out as a very dynamic idea but over a campaigns. This included campaigns against period of time this enthusiasm has declined Even the fundamental structure of an nuclear power plants, women’s movement, and Commissions themselves get entangled elected representative’s role is missing. right to work and right to information, with those they should be regulating. There It was shocking to find this, when an RTI the right to food, the rights of dalits and is no national trajectory for Commissions application was filed to know the rules which minorities, of labour, of children, of farmers, and their capacity varies too much State- define the role of the elected representative. of slum dwellers etc. In continuously calling wise. The Commissions such as the Election There are no stated rules and responsibilities upon the Indian state to guarantee rights Commission without strong punitive for the elected representatives. People are and freedoms it is ostensibly committed measures are unable to function with efficacy looking at how to make money and getting to, not only is there continual vigilance and a major hurdle is that funding of political involved in business. but an education of the people. While in parties is still not disclosed. In case of National

84 85 Human Rights Commission (NHRC), 46% government offices in implementing the For many movements, the familiar political ensuring proper implementation of these of the cases where they have recommended proactive disclosure clause is further impeding universe collapsed in 2014 when the laws, and using them to build collectives and compensation are still pending with the the functioning of information commissions. conservative Hindus won with a full majority. mobilize people’s support, participants also Government. Law commission reports such Confronted with conservatism, misogyny, discussed the need for engaging different as the one on judicial backlogs have examined Important legislations have the potential to bigotry and shrinking civic spaces, as in theoretical and ideological orientations – from issues of pendency, yet no suggestions have improve citizen participation, and empower other countries, many movements continue Marx to Gandhi, Ambedkar to Mao - to define been implemented. They do not even get tabled citizens by holding government officials and to mobilize people’s participations, but are a way forward, rather than feel confined by in the Parliament. politicians accountable on a daily basis. On unclear of the way forward. Participants the possibilities that could emerge from their the other hand, fresh assaults on democracy felt that there needs to be a transformation theories. The role of independent commissions and secularism mount by the day. People’s from interpretation of the problem to the can dramatically change the nature of movements must therefore contemplate new possibilities of change. Sayed Akram Afzali, Integrity Watch participation, and address the inequality in strategies and adapt tactics to circumstances Afghanistan was inspired by the MKSS and access to power and decision making, if it in which they now operate. The battle for There were practical suggestions from this the Indian RTI movement. He said that an so desires. Many commissions including the participation in law making is becoming group. It was suggested that information Independent Commission can be an excellent Women’s Commission, the Scheduled Caste/ more acutely evident as new laws get framed technology needs to be better integrated in solution for Afghanistan. The campaign in Scheduled Tribes Commission, the Election affecting the entire population, without any the system to analyze RTI applications and 2009 – 2014 resulted in the Parliament passing Commission, the Human Rights Commissions, process of consultation with citizens who will decisions of the Information Commission. a law. Afghanistan eventually got the law and a and the Information Commission at the State be most impacted. This would enable users to identify key commission that has inclusive representatives and Central level can play a proactive role in areas where information is being requested from different Social Welfare Organizations giving space to participation of people from Information Commissions in Afghanistan and move that to the domain of proactive and media. The members include: marginalised groups in the pursuit of justice. and India address somewhat differing issues. disclosure, like an MIS for Commissions. National head of Security, foreign affairs, Their platforms are available for citizens, and In Afghanistan, a cultural shift is required telecommunication and information, two their independence from the executive and where legal awareness about access to There could be a reduction in transactional civil society representatives. Sayed Akhram legislature gives them a mandate of reaching information needs to grow. In India, however, costs by adopting models such as the one is chairing as civil society representative out to people. the Information Commission is dependent now being used in Bihar where information since 2015. Although the organization on the government for financial outlay and is can be disclosed on the telephone. It was opposed the passage law in its current form However, ensuring their independence and administratively controlled. The members of suggested that there could be a dedicated as it was intrinsically weak, after the law was accountability to the people is a challenge. The the Information Commission are appointed by R&D department and social audits for passed the organization has worked with it. selection of independent appeal authorities or the Government and transition into working Commissions. As regards the problem of The organization has been working at the Commissioners (in states and at the national with a new government is tough. There is pendency, internal time limits should be fixed local level for seeking information and also level) continues to be non-transparent no accountability of commission members within Commissions to dispose of cases, monitoring its implementation to avoid and arbitrary. Even in the Information regarding disposal or pendency of cases. It especially for second appeals wherein the misuse. There have been problems in accessing Commission which has Bi-partisan is alarming that there is a growing trend time limits has not been prescribed in law. A information with the current law. representation in the selection committee, in the Information Commission to limit its grading system for Commissions would most serving Information Commissioners are jurisdiction. help as an internal evaluation system. Above The law was passed as part of an electoral either retired civil servants or police officials, all, commissions must have a transparent promise, at the end of 2014. Despite advocacy rather than journalists, academics, social The Election Commission lacks the power appointment system. Post retirement it took six months to establish the commission. activists as specified in the RTI law. Several to impose strong punitive measures. Most appointments should be discouraged and a The Access to Information Commission was commissions continue to be understaffed, critically the funding of political parties is not guaranteed tenure should be ensured. therefore established and is mandated to causing delays in hearing appeals against disclosed. monitor the RTI applications. It was expected denial. Many are not empowered enough, and The theoretical orientations and actual that a strong RTI law would solve the problems the executive ignores their orders. The large The commission for judicial appointments practices of many movements have been of corruption faced at the institutional and number of RTI activists, including a former needs to have a process of appointments informed by multiple ideologies. Now more grass roots level. However, the present law has Central Information Commissioner and a that must be transparent. It should also have than ever, participants feel there is a need to not addressed the issue successfully. There is State Chief Information Commissioner, led a a proper public procedure for dismissal of deal with issues in the theoretical and abstract a need for social movements that engage with more detailed examination of the Information judges. Impeachment as a mechanism to sense, before connecting them to practice. people, rather than the traditional NGO work. Commissions. The poor track record of discipline errant judges has been a failure. Alongside legislative advocacy for good laws, There has been a general disappointment

86 87 with the commissions – apart from raising 2016 meeting of Information Commissions, Vincent Paul, Chief Information awareness, it has not really addressed many the Prime Minister said that every department Commissioner, Kerala was of the opinion complaints. The Integrity Watch works more should set up a committee that goes through that in Kerala any member appointed to the with civil society and media to encourage use the feedback achieved and work on it. Given Information Commission by a particular party of this law. that, it must be seen how independent are the during its tenure was seen as branded by that Central and State Information Commissions. party. The government in power would also Challenges lie with the lack of citizens’ The annual conference was a meeting between see commission members as representing understanding of the law. There has been the Central Information Commission and the previous government, this affecting the poor dissemination of information about the the users of RTI Act to facilitate empathy. image and the member is no longer seen process under the law. Maybe it is a question of The Information Commission in India is as being impartial. When files go to the trust and culture. It may be that the people do technically independent with regard to Governor who receive complaints against not believe that if they request for information making rules. There are separate competent members about the eligibility criteria, the there will be a response and things will work. authorities, the Central and State Information file is returned. The matter is still pending Citizens prefer a personal relationship with Commissions with their separate jurisdictions. in the High Court. Government will have to government officials rather than demanding A frequently asked question is whether its appoint the rest irrespective of whom they access to information. Changing culture is a jurisdiction extends to the private sector. were chosen by. Earlier, retired officers were primary task where citizens will have to shift Does it cover public-private-partnerships? The appointed as Members of the Commission, from favour to rights. Information is a right private sector is also covered under RTI if it and independence was maintained. During and legal mechanism will work in their favour has received any subsidy or preferment from his government tenure, 1 person was and we must make it work. government. accommodated into the commission due to a medical condition. Thereafter, every political Wajahat Habibullah compared the movement The Commission’s independence is essential, party decided to have their own member from for the RTI in India and the passage of the it has no political interest, only governance constituencies. This was a major step back for law to the storming and fall of the Bastille. interest. It is very difficult to remove an impartiality and independence. It forced the government to open up. His information commissioner before he argument was that the RTI law was essential completes his term. This is a precautionary Commissioners need to have a certain legal to the government not to bring it to account, provision to preserve his independence. background for impartial decision making but to keep an account of itself. Quoting There is however financial and administrative in the Commission. No member of the Barack Obama’s first speech in 2002 and his dependence on the government. The R&D Commission is accountable for performance. reference to information, where he said it wing of the Information Commission is The Governor should exercise some measure of brought strength to public and government essential for evolution of the RTI movement. control and call for periodic reports and there alike, he said, it is an essential organ of the The RTI and the commission have been should be a target for disposal of cases. Maybe government, unlike the judiciary. In other successful in India for the maintenance of social audit can be used to ensure impartial words, it was not to make government records. There is a huge resource base available working of members and check accountability accountable to public alone, but to make for those who wish to do research. to the general public. This should apply to all government accountable to itself. For that Commissions. purpose an Independent Commission must Information technology has been put to good not work like a government department, but use and it is in the interest of the commission the other way around, it should work without to do so. The Central Information Commission being answerable to government working for has its own network for video conferencing. full transparency. In a large country like India, distances are enormous. This enables the commission The law also was a promise in an election to connect with the applicant. Many State manifesto, and the movement held them to Commissions also have this facility. In it. Keeping the commission independent is in conclusion the Information Commission the interest of government. It provides to itself though not fully independent, has enough authentic feedback on its functioning. In the autonomy to function.

88 89 Plenary Session: Aude Raffenstein, Student of Public Policy it to, “culture is the politics of participatory protest music needed no advocate after this Culture and Democracy McGill wrote: democracy”. performance. This was an important song of the RTI movement sung in Beawar in 1996 and Tripurari Sharma, Professor, the National eople’s movements are inherently This session was an immersion in the thought brought in the flavor of the streets, and the School of Drama and Founding member of “ embedded in these webs of and emotion combine that is the human energy and robustness of folk culture. Alarippu Psignificances that compose people’s being. It is a coming together of the totality realities. The challenge is to understand and of a being that brings in the more subtle and Counterpoint: T.M. Krishna, eminent Carnatic music vocalist use these ideas, customs, and social behavior reflective part of human consciousness that From Immersion to Perspective: A Critique and writer intertwined with arts and other manifestations deals with ethics, compassion and prejudice. of human intellectual achievement to carry It is therefore imperative that in public action Shiv Visvanathan asked T.M. Krishna as to Sangeetha Sivakumar, eminent Carnatic out participatory democracy. In order to which has to deal with contestations between how singing classical music in a slum worked. music vocalist offer a space for participatory democracy, the rational and the irrational, often leading How was it different? His question was very people’s organization had to make sure that to disruption of democratic processes and specific. Krishna has started singing in villages Shankar Singh, MKSS all voices could and would be heard. These violence, cultural expression is indeed the where people are not accustomed to hearing are the voices of the poor and marginalized beginning of equality in idiom and analysis. classical music. There is a criticism of his Charul Bharwada and Vinay Mahajan, people, people who needed to feel recognition, It was sharing a moment of intensity to feel performances, by the social literati of bringing Founding members of Loknaad, well known trust and understanding in order to engage the humanity in all of us and the basis indeed quality down with radicalism. His question creators of popular movement music themselves in this political journey. Adopting of equality, non–violence and compassion in was, “Don’t you think radicalism in music their cultural idioms is key to establishing music, the leveler. erodes quality?” Krishna’s response was that MBS Choir, Kerala this relationship and encouraging the poor those accusations have been a reaction to his and marginalized to share their own analysis. Tripurari Sharma introduced the topic secular approach, accusing him of catering Therefore, culture enables movements to reach of culture and democracy and moderated only to atheists and being anti-religious. The a larger number of people and it is the starting the session. She began by introducing and social literati pay attention to his radicalism. point of their empowerment through new inviting the panelists - MBS choir members, In kuppams (fishermen’s villages) it is a democratic functioning. eminent Carnatic musicians T.M Krishna different experience altogether. He went on and Sangeetha, Shankar Singh from MKSS to say that art and democracy as practiced Cultural practices not only set up the and Charul Bharwada and Vinay Mahajan the today are complicated concepts, are divisive conditions for an exchange of ideas, they also founding members of Loknaad. and constantly at conflict with each other. As invite new ways of thinking to appear. Cultural a practitioner he feels that there is an internal practices challenge pre-established notions An overture (pallavi) to the evening: conflict of politics and aesthetics. Did it make of knowledge production, often conceived as sense to the listeners? Krishna’s answer was one-sided. Culture, on the contrary, enables Shankar Singh walked down the stairs, that the only equal response to music is in its a real dialogue to take place between those with a puppet much as he would have in a enjoyment. If the kuppam and the others have who make the cultural medium and those who village. His sudden appearance made it more to understand each other’s idiom, the kuppam receive it. As this collective analysis progresses dramatic, and did not give time to most offers a platform of equal exchange. from both sides, the cultural productions can people to prepare, a face to meet the faces you evolve as well to incorporate the new insights meet. The natural unconscious ease with such Vinay’s answer was that the manner in which and push the conversation even further. communication is possible and the innate quality is perceived, changes from person There is therefore a virtuous circle constantly grace with which a conversation can begin to person. He said that radicalism is fine as leading towards liberation of people and ideas. was more than amply demonstrated. The mu long as there’s a transformative purpose. The More precisely, it will deal with the various phat, a puppet infamous for being out spoken challenge is to accept the way thing are to ways in which culture acts as an agent of and putting his foot in it, got to the audience begin with. politicization.” with satire and parody on demonetization. He engaged with people drawing them into the Shiv asked Krishna whether he was The School for Democracy has been organizing dialogue, as he sang an interactive song. The reinventing society or reinventing the lectures on ‘Culture and Democracy’, audience joined him in the chorus with “me brahminical sense? Classical Carnatic music perhaps taking from Aude, we could amend nahi manga” and “me manga”, the creativity of has become the hegemony of the Brahmins.

90 91 Shiv’s question was actually about inequality Performances The next song was written by revolutionary Vinay Mahajan and Charul Bharwada: in perception of different systems of art and Tamil poet, Subramanya Bharati , about the Melody its gradation. The answer depends on how the MBS Choir – a mingling of cultural forms, divinity of music, of a larger force that links person or performer sees his own art and that West and East, with peoples lyrics all human beings and everything on earth “Salam and Zindabad” of his listeners, when there is a difference. together. The poet uses the allegory of the How does art become more universal when The MBS choir was constituted 30 years ago snake charmer and his pipe. Before we sing our first song, we will go back a caste and class define culture? It is best to in the city of Trivandrum in the memory of few years. 15 years ago the twin towers in New acknowledge the ugliness as well as the beauty music composer Shri M.B Srinivasan, who The poet asks: York were brought down by an airplane. 3000 of it. was very actively involved in the student people were killed. It was covered by the media movement, progressive movement and was a Where does this music come from? very well. Iran and Afghanistan were attacked, Sangeetha, T.M Krishna’s wife gave a very accomplished film music composer. He media covered all of it. On 9/11 something feminist point of view of the challenges faced composed a number of melodies in Malayalam Does it come from the mind of the snake else also happened, which was not brought to as a woman in Carnatic music, where she and devoted all his energies in adding to the charmer? anyone’s notice. 16000 Innocent lives were lost. is expected to behave in a certain way and new genre of Indian choir music. It is actually Children died of starvation. No media covered sing a certain type of song. This has led to a community singing movement, which began Does it come from the blow pipe? it. It wasn’t mentioned anywhere. Not only an intellectual battle. The utter confusion is when he went to slums of Chennai, teaching on the 11th of September, 9/11 but yesterday, heightened by her marriage to T.M Krishna. songs to children, getting them together and Does it come from the holes of the blow pipe? today, everyday. One was an act of aggression making them sing. This later transformed and another one not even probably considered Can music be indigenous? itself into theMadras Youth Choir, a sister Answers come, that to be violence. One, an act by few individuals, organisation. another one that was planned and designed in Two members of the MBS choir, questioned It comes from the snake charmer’s mind, Parliament and state assemblies. the definition of indigenous. They use a Basically he experimented with human voices. western form with Indian melody, taking the Instruments were used minimally, just the Through his breath into the blow pipe Is it violence? Or is it not? All of us need to best of both form and music. It brought out the tabla and harmonium. It is has the structural think about it….. power of words strung in melody. format of western choir music and is sung in and through the holes. six different parts. The women and men sing Now a song about starvation. Charul said that content part is very important in three different parts, which is divided in Seemingly unconnected but together they in transformative music. And to create good treble and bass. He went back to very powerful constitute music. Often we wonder who are these children, who content there first must be a purification of words of noted Indian poets to bring out the are their parents, who die of starvation? The oneself. power of the lyrics he used to set to music, So the poet explains this music, it is nothing easy answer is that they are children of the a partnership between music and lyrics for but a larger power. parents who work with their hands, they are Shankar Singh talked about the women in change. manual labourers. the villages of Rajasthan who have many He talks about the cries of children begging on folk songs related to family, agriculture and THE LYRICS the streets and the pathos of their cries. They have given us the technology of society, work. They have their unique tunes and lyrics wealth and also the philosophical wisdom which they sing with all their daily chores. He They began with a Malayalam song, written What is the music in the charmer’s pipe and of centuries. For eg. Kabir. Mahatma Phule, suggested that using these songs with some by ONV Kurup. It is a protest against weapons how is it part of the cries of children who are Choka Behnabai Chaudhary all of them alterations in the lyrics can become songs of and war, set in the wastelands of Hiroshima begging on the streets. They are like lively rural working with their hands. protest and resistance. and Nagasaki, from the ashes rise a thousand market, where they all sell different things, white doves, spreading around the message of roses, glass bangles and decoration material. It Now a song on the story of the hands. Story of Shiv Visvanathan said that culture and art peace. And from the tip of their wings comes seems like noise, but from that noise comes its the hands. forms have to be invented and re-invented to a brave song, which says farewell to arms, no music. All people are connected to each other keep them vibrant. more to weapons. through music which is actually divine. The In hathon ne ...(lyric) instruments may be different but the maker is Tripurai thanked the panelists and went on to He had composed half of this song, but he one. The appearance must be different but the introduce the performances of the night. passed away, so the part composed by him was essence is one. sung.

92 93 T.M Krishna and Sangeetha The organizers had asked friends to write Shankar Singh, with his inimitable wit and on the hands that work was particularly their thoughts on the many happenings in the acute observation, took the stage and a group moving. Their empathy with the poor and In classical music the lyric was devotional, now workshop. Dr. S. Anandalakshmy, wrote in her of his old- time associates and friends joined hungry, their support for their activist the content changes, the form remains. inimitable style, of that evening: him in the well- known slogans and ditties. friends and the unique blending of their Audience participation is an in-built part of voices cannot fail to touch the conscience The first piece performed questioned the Musings on Music: these songs and there we all were, pumping of the nation. They are the wandering bards structures of Carnatic music. He went against Unpacking The Links Between Culture our right fists and adding our loud voices to of today, creating original lyrics and tunes the norms and gave importance to the devidasi and Democracy the medley. and capturing the sadness of inequality and form. The way in which it is presented is a injustice, yet bringing to the listeners, the political and aesthetic statement. Twilight had set in. People ambled quietly in First thought: Even in dealing with the worst prospect of hope, tenderness and caring. groups, towards the Amphitheatre of the IMG. of corruptions in the system, humour helps to The second piece was written by Perumal No tickets to be checked, no numbered seats, heal. The sense of the absurd is a must, to tide Third thought: It is possible to speak truth to Murugan a great writer, a radical person, who in fact, no seats at all except the steps leading us over rough times. power, by singing truth to power. questioned society through his writing. He down to the stage. I perched on a corner at the was incarcerated for questioning tradition. A top, quite close to the tripod of the stage lights. The members of the MBS choir formally T.M. Krishna and Sangeetha Sivakumar book banned, a writer who made a powerful On the stones next to me were Teesta Setalvad entered the stage next and took their allotted have charted a new course on the ocean statement on his facebook saying “Perumal and Gopal Gandhi. Clearly, I had a value-added places, grouped according to their pitch of of classical music. Krishna has been Murugan, the writer is dead”. He was trolled place and my invariable good luck! voice. The music they chose differed from maintaining the loveliness and complexity and vilified. He presented his verses to the standard religious songs and chants. The of South Indian music, without being Krishna. That was set to music and Krishna In a while, about twenty women dressed in song that stands out in my mind is one by the constrained by the standard structure of sang one song. dark green and red formed an arc on the Tamil patriot-poet, Subramanya Bharathi. The the “Concert” or staying with conventional stage, and ten men in white were ranged poet wonders where the source of the music Bhakti music. T.M. Krishna’s third piece was Poramboke behind them. The process of checking the is, as he describes a snake charmer, with his which had an environmental context. It is amplification of the mikes on stage started, instrument: in the mind of the player, in his He, with his team of accompanists, started originally a Tamil rock song performed by the with the Conductor checking each mike pipe or in the body of the snake. He speaks the evening’s presentation with a Taanam band Korangan. This was a challenging task with the singers concerned, and the singers then of the pathos of children’s voices begging and a Jaavali (In the set structure, the that was beautifully lyricised and converted ensuring that they could see the Conductor’s and of the myriad sounds of the market, as Taanam would be sandwiched between into Carnatic form. It challenges the hands. It seemed quite elaborate for a choral swift trading goes on,of bangles, flowers the Raga Alapana andPallavi, as part of the environmental, social and the aesthetic. group. After five minutes of this exercise, the and fruits. What is the source of the sounds? RTP, and Jaavali would be sung towards the group dissolved. The poet concludes that it is the universal end, being considered ‘folk-based’. The next The fourth piece was performed on request. It power, Shakti, which informs all of them and item was a song set to a poem by Perumal is a piece called Nottuswaran by Muthuswami The Preamble was a discussion chaired by all action on earth. This song was rendered Murugan, the author whose book was once Dikshitar, a song composed under British the indefatigable Tripurari Sharma. It was beautifully in harmony throughout, with banned because it showed a specific Tamil influence. It was a popular Scottish tune started off by Shiv Vishwanathan’s wry wit many variations, capturing consonantly, even community’s practices, in a bad light. (!) within the Carnatic form. An interesting fact and a repartee by T M Krishna. Vinay Mahajan, the discordance of competing voices in the Then came the much-travelled (through is that the same tune was heard in the pubs of Shankar Singh and some members of the MBS marketplace. Internet) of “Poromboke”, the environmental Scotland, Ireland as well as in the temples in choir also participated. The central point that protest to the destruction of the fishing Tamil Nadu. Is it radicalism in music? coalesced from their comments was that music Second thought: For any event to function villages of Ennore in North Chennai. It as entertainment was only one of its aspects. efficiently, every participant must know his was set to a classical Ragamaalika pattern Music, as political message for sharpening role and the exact timing. Once a plan is made, and conveyed the message vividly and awareness of realities and as vehicle for social the leader leads and the others follow. A group with humour. The final item was one of cohesion has assumed tremendous importance is stronger than the sum of its members. MuthuswamiDikshitar’s “NottuSwarams”. in the lives of MKSS and SFD and several other It was amazing to hear a Sanskrit verse in groups around the country. All the performers Vinay Mahajan and Charul Bharwadatook praise of the Goddess, set to an Irish military of the evening were personally introduced by the stage next. Their moving music reached march! Krishna explained that in the early Aruna Roy. the marrow of one’s bones. Thethemes were part of the 19th century, the composer contemporary and immediate. Their songs had lived for a while in an area where the

94 95 Irish Military Band practised.Dikshitar just 31 January 2017 (Day 2) his session was designed to discuss the borrowed the tunes and notes and composed importance of Kerala’s efforts with local quite a few religious songs! Plenary 3: Planning and self-government, the peoples plan, and Local Self Government T the reason why this had not spread to other Thought four: Art is not elitist, neither is states. It built on the issues raised by Patrick the use of a language or a genre, exclusive. (The morning plenary was split into two parts. Hellar in Montreal, and the discussions were All boundaries are permeable. We share a First part was scheduled, the second part was carried into the panchayat visits later that day. common humanity and can set our pulses to a inserted to adjust to speakers whose time common beat. schedule had to be accommodated.) In fact, it was the visit to the panchayat that really established the importance of the Kerala Needless to say, the evening had been magical. Part 1: People’s participation in local effort over decades, and gave the workshop a It had a charmed ambience, in which all of self government strong practical foundation with an experience us felt closely linked to one another. A good that showed us that we were not merely way to go into the second day of the unique T.M. Thomas Isaac, Minister of Finance, engaging in academic discussions. workshop. Kerala, Building a theory of Knowledge John Harriss, Professor, School for International Studies, Simon Fraser The need for participation is widely University, Vancouver, Canada recognized. But the missing factor remains a link between these three concepts. Rakesh Jain, Deputy Comptroller and Auditor Transparency, accountability and participation General, India, form three points of a triangle. It is essential to look at all three of them in context with each K.T. Jaleel, Minister for Local Self Government other, instead of being focused in isolation. of Kerala, Thus the pertinent questions to ask are how to make transparency accountable? How CK Mathew, Former Chief Secretary, to make accountability transparent? How Rajasthan; currently Senior Fellow and Head, to make participation transparent? How to Public Policy and Research Group, Public make people’s participation accountable? Affairs Centre, Bengaluru, How to make transparency participatory? How to make accountability participatory? Moderator: S. Parasuraman, Director, Tata Participants discussed the problem with Institute, of Social Sciences, India; Professor, participatory democracy, and felt more School for International Studies, Simon Fraser attention needs to be made on developing the University, Vancouver, Canada solutions to these problems.

Participants also questioned the term ‘participation’ and how we can continue to use a term that has not memory. Especially, now more than ever, when we are facing erasure, how do we bring memory into movements? When people who are part of the debate disappear? If we want participation, we have to create a version of this absent memory.

The “Peoples Plan Campaign” and its institutional history was an area of focus

96 97 in many of the workshops in Trivandrum. architects as participants to share the history the possibilities and potential of participatory about them, and compliance was poor. In 2004 The acquaintance with the campaign began and their views. democracy and decentralization because the Congress came to power, but even their in the workshop in November 2016, in society is marked by inequality and social Ministers still continued to undermine this McGill. Patrick Heller, used it as an example This plenary session was not confined to the exclusion. The sphere of organizations led by constitutional mandate. The political structure in his key note, and in the session he Peoples plan effort. It discussed the importance civil society is dominated by the middle class has two hierarchies, which have not been participated in as a panelist. He had already of Kerala’s efforts of the peoples plan, and not unsurprisingly, but there is a danger of properly harmonised: The Government led by established the theoretical importance of the the reasons for its success within the existing the middle class defining the priorities, issues Chief Minister and Members of the Legislative Peoples Plan effort for understanding the framework and commitment to genuine local and needs for the marginalized population. Assembly and 2. District, block level, and various complexities of institutionalizing self-government. It built the framework for In Chennai, right to a living space , a right village Panchayats. ‘participatory democratic governance’. The the panchayat visits later that day. The visit to livelihood and a right not to be subjected planning and local self government plenary to the panchayat was to provide a window to to domestic violence have been defined by a Why does devolution of planning not happen provided an opportunity to look further the structure of Keralas local self government, peoples organisations. at the local level. The critical reason is that into the details, fleshing out contemporary and the opportunity to interact with elected centralization of power. The structural issue is challenges, and illustrated how the “from representatives and officials to understand In what way did the Peoples Plan address this the continued resistance to sharing of power Theory to Practice” of Montreal, could become contemporary issues. These visits would help , and what are the lessons for those concerned with the local bodies. Quoting a TISS study, from “ practice to theory” in Kerala. The establish the importance of the Kerala effort with governance as government planners, he said there are five factors to assess the discussions were in effect an appropriate over decades, and the emphasis on practical regulatory agencies, economists, activists, capability of Panchayats: They are: percentage continuation of those in Montreal, realities gave the workshop a strong sense campaigns and citizens? of function transferred to the panchayat, the of reality. The concerns went beyond logical number of functionaries per thousand of The long, and continuing journey of the academic engagement to see the complexity of Rakesh Jain, the Deputy Comptroller and population, the per capita funds available in Peoples Plan in Kerala, was at the heart of action. Auditor General of India explained the the Panchayat, the infrastructural facilities of the workshop. The nature of engagement importance of the wing called Local Fund the Panchayat, and transparency in accounts with democratic policy differs across An important concern was the understanding Audit (LFA), which as per the norms of the and budget. sectors, and the Peoples Plan had achieved of the terms ‘participant’, and participation. 11th finance commission, looks after the the difficult task of bringing these sectors Use has loaded it with multiple meanings- from expenditure of local fund auditing, within the Kerala is ahead of other states in this together within a concrete framework of the world bank to the person waiting for social C&AG - the primary auditing body of India. respect because of the 150 year long social governance. As many participants recounted, welfare benefits in a village. The term is used by The CAG was asked to provide guidance and transformation that it has undergone, the initial years of the campaign caught each group from its own understanding, and supervision to LFA to maintain systematic beginning with social reformers like Narayan the imagination of people from different the meaning ranges from merely informing records. The term supervision was later Guru. So, he cautioned, that Kerala could not backgrounds and placed peoples’ needs, people to involving them in decision making. replaced with technical support. The LFA was be used as a yard stick. their idiom and political imagination in the Can we continue to use a term as if it has no found weak in terms of man power, capacity, center of the design. The complex network of memory? Especially, now more than ever, when and audit technique. The CAG has collaborated K. T. Jaleel, Minister for Local Government planning and implementation, followed with we are facing conscious erasure of history? How with the MoRD to create a set of standards said that Kerala is ahead of other states in meticulous attention to details. The Kerala do we bring memory into movements, when for social audit for the first time, which terms of decentralization because of the Shastra Sahitya Parishad (KSSP) provided people who were part of the debate disappear? started with the project of MGNREGA. These socio-political evolution led to integration of the network of volunteers and activists to If we want participation, we have to create a standards are currently in circulation and will local bodies to reflect their needs. A Big bang support the effort and citizens rose to the form including memory and history, to counter be strengthened, expanded, and reviewed in approach - irreversible decentralization, call for decentralization. The government of this deliberate erasure of memory, which is the coming two years. was planned. The professionalization of Kerala for its part, initiated and responded unethical and arbitrary. The limitations of the decentralization- seamless support of various in equal measure. The coming together of term “participation” – especially in the context C. K. Mathew, Former Chief Secretary, professional departments was needed for the these several strands made the campaign and of social movements was powerfully articulated Rajasthan; currently Senior Fellow and decentralization process. He said, that this later the programme very successful. There by Shiv Vishwanathan on the last day of the Head, Public Policy and Research Group, is often not provided,and then Panchayats were however, now many second generation workshop, but was a theme that ran through Public Affairs Center, Bengaluru spoke of are blamed for a lack of professional challenges, including the most crucial aspect the three day proceedings. the constitutional and legislative history of competencies. of “peoples participation”. The Trivandrum decentralization. He felt that since the 73rd Conference workshop was very fortunate At the beginning of this session for instance, and 74th amendment are associated with the Corruption is a threat to empowerment, equity to have some of the founders and initial John Harriss expressed his skepticism about Congress, other parties were less enthusiastic and inclusion. Even within local Government

98 99 strong vested interests develop. There are no of a public authority, mandated to provide of the compensations and allowances (if any) a lot of academic writing on decentralized, successful social audits because panchayats and disclose information. It ensures that all entitled to each worker. In comparison to participatory governance. The two particular feel, and claim that auditing dampens the records are appropriate for computerization, other social scheme websites, like Swachch cases referred to are: Participatory budgeting spirit of decentralization. People centred and is a dynamic example and manifestation Bharat which has information only on a state in Brazil, and the Peoples Plan in Kerala. It auditing is an even greater threat to their of section 4 of the RTI Act. The disclosure level, MGNREGA has a district-wise coverage. seems to be that , there are 2 factors conducive already fragile power structure. (This is requirements under RTI have been explicitly The illustration of this through screen shots of to the achievement and some degree of its probably because accountability as a concept and implicitly incorporated in the rules and these, and other official MIS’s allowed people success. The political intent, combined with is a greater leveler than even decentralized guidelines of the MGNREGA. to understand the vital role of information in need for Civil society organizations and participation in planning). Integration of facilitating a participatory democracy. citizens groups with sufficient organizational Kudumbashree in the panchayat structure, has A look at the quantum of information explains capacity and operational autonomy to resist strengthened decentralization. He concluded the reason for this presentation. The scope Implicit in this presentation, was the necessary co- option by the state. The involvement and by saying that the smallest and the least and quantum of expenditure is 3 lakh 70,808 conditions to be able to address the needs contribution of the KSSP was notable in Kerala powerful of panchayats should also be highly crores (3 trillion 78 billion 80 million) and of the peoples plan, - a process of detailing as it sustained the decentralization process, professionalized. has been spent since its inception in February participation in planning and implementation working together, but not subservient to the 2006. 20237 crores (202 billion 37 million) of policy. The current discourse on governance State. In successful cases when organisations This plenary session concluded with a joint person days have been generated, and there in India, post the RTI has brought in some are sandwiched between the government presentation by Rakshita Swamy and Innayat are 69 lakh (6.9 million) workers are currently conceptual clarity about its importance and the civil society, they play the role of a Sabhikhi on unpacking the role of disclosure of at work on 4.57 lakh (4 hundred and fifty seven for addressing inequality of access and the crucial bridge demonstrating that neither information in decentralisation: thousand) work sites across the country. arbitrary use of power. At the grass roots, can be effective without the other. This lack of access to information threatens the interplay between local government and civil The disclosure of information is an important The Management Information System (MIS) right to life, liberty and livelihood. India has society organizations are crucial. We have part of the structure of decentralization, and has to record this quantum of work and to a large number of very progressive laws, but sometimes that is referred to sometimes like all other rights, is defined and accessible capture and collate this information. The web they fail to deliver in action. The mechanisms as the paradox It is a paradox, that as the only in practice. The presentation of the site is maintained by the NIC, a government of governance, hold the key to the misuse of bodies of local governance are strengthened, MIS of the Mahatma Gandhi National Rural web site. The three important principles to power by the actors of the state: the power the greater the need for political will and Employment Guarantee Act (MGNREGA) be kept in mind for such an “MIS” are that elite. That is why the adage, “the devil lies in stronger the motivation at the centre to illustrated its importance. The trajectory of they are in real time, they are transaction the details”. This was a graphic account of how sustain decentralization and monitor its the process is interesting. It shows how vital based, including all financial transactions, information and the details of implementation implementation. The general secretary the collation of specific information is from and that they are in the public domain. This must be shared to guarantee a basic right of the CPM (I) came to speak with the the users of the MGNREGA to monitor its information allows monitoring of the financial to work. The MGNREGA was passed after activists – a long way to go for success, but implementation. It counters the attempts to flow, important to guarantee the work and a prolonged peoples’ democratic struggle. the communication is important interplay atomize information to make it impossible to wages to people at the work site in a village. The biggest challenge even after getting a political party an civil society organizations access it for legitimate public action. The MIS is completely in the public domain good legislation passed, is to get fair and just He pointed out that the elements of reform – no password – and besides the worker implementation. Building a Janata (Peoples) and decentralization were present in the left of The presentations connected information information, all the 180 reports, are available. information system (JIS) was clearly a strong centre parties, but not in the parties who saw disclosure with, local planning , budgeting, What a Joint Secretary to government can prerequisite and ingredient to planning and solutions only in the market. community monitoring, and decentralization access in the ministry can now be accessed on participation at any level. and the significant role of access to the web site, by any one. information through the MGNREGA, and John Harriss commenting on the importance the unpacking of the process of disclosure of In the MIS information the granularity of the RTI said it has reformed government. information and the use of the RTI. of information, includes National, State, Such things do not happen suddenly and District and Panchayat level information. The spontaneously. All rights based laws, which Section 4 of the RTI Act that deals with pro official website of MGNREGA, though often define the new social agenda India bears active disclosure is the basis of the MIS of labeled cumbersome, gives thorough details the mark of the RTI, as mechanisms for the Ministry of Rural Development (MoRD) , of individual beneficiaries right down till the protection of social rights, social audits etc. Government of India. This web site performs panchayat and job card level. The information These are points of leverage that help build the role of the public information officers on the website automatically updates records organizations amongst people, There has been

100 101 Part 2: Discrimination and Inequality arsh Mander explained that in Rohit’s mother spent all her time and dreamt Decentralization does not answer the this session speakers would look of sending her son to the university. After questions about who would clean the roads Bezwada Wilson, Founder and National Hat government accountability his death her message to her younger son is, and pick a dead animal from the streets. We Convenor, Safai Karamchari Andolan in ensuring justice, essential to deepen “do anything but do not go to university. It is have not democratized our kitchens, women democracy. This workshop needed to safer driving an auto rickshaw than going to and labour in rural and urban India. There Anand Teltumbde, Management professional, spend time looking at the world from the university”. are no answers to these questions. Who will writer, civil rights activist, and political analyst perspective of people who were sometimes deal with your dead bodies? If the process even numerically in the majority, but Wilson Bezawada (Safai Karamchari Andolan) we advocate, will not control all these forms T.M. Krishna, eminent Carnatic music vocalist pushed further away from the mainstream. Wilson represents the campaign against of oppression, and truly democratize with and writer This is even more critical in the global manual scavenging. He is an icon in India equality, more decentralisation will only take context, as in election after election the today, of the voice of the last person in the away our life, dignity self respect and leave no Harsh Mander, Director, Centre for Equity triumphalism of majoritarian governments, hierarchy of caste. But he is much more. He voice for us. In any village level, at the block, Studies drowns democratic principles. He cited is the voice of our collective conscience. He there is no space for Dalits. The latest report the – examples, in India it began since 2014, said that everyone writes and speaks; Krishna of the National Human Rights Commission in the global context the examples are: sings as well. But, “I am a person who never (NHRC) says that in 2012, 42% Dalits were Brexit, Trump , right wing resurgence, and writes, except my name… nothing more”. He not getting post-delivery subsidies, 30% dalit a devaluing of marginalization. How do we is more than literate, but his statement made children cannot sit in class rooms with the work towards making government deliver a strong plea for the power and truth in the upper caste kids. justice and be compassionate , the speakers voices of the oppressed. He continued with could address some of these issues. Rohit Vemula’s tragic story. He said “Harsh The Government is interested in economic started with the Vemula family. Rohit’s reforms and has lost the ideology of welfare. The previous day (30th January), the world brother has a first class in MSc geology and True democracy, would mean the active remembered Mahatma Gandhi, assassinated now drives an auto rickshaw- an example of participation of minority groups. If you do not by a certain ideological triumphalism. It was Indian democracy. When I was just a small democratize every part of the process it does also Rohit Vemula’s birthday yesterday, (a child, my mother dreamt that if I go to school not work. For instance there is a reservation dalit PhD scholar) who committed suicide I would not have to pick up excreta from dry of seats for Dalits and women. They become and left a strong comment on the betrayal latrines. My mother’s dream thirty years ago sarpanch’s. But the woman is still dominated by Indian democracy – show casing India’s was - you can stop this, if you go to school. She by a creation called “sarpanch pati” (sarpanch failures in last 70 years post- independence. was anxious not to let me be a scavenger. In husband). That man is allowed to attend His last letter to the world tore our hearts 2016/17 Radhika says- “my son, do not go to district and other meetings, with her, and apart, and was the most powerful indictment university.” One mother says you must go to sometimes even on her behalf. of all that we have not learnt in the last 70 school, in 1996; one other mother says , you years. He was 28 years old. must not go to university, in 2016. If we do not democratize, and unpack anything, we might ignore the question – When we deal with justice determined by What is it that we must look at? There is a decentralization/ participation and even the accident of our birth, an Indian who need to focus on democratization before democratization is for whom? The rich? The should have been nurtured and fostered, is decentralization. “There is no decentralization ruling party is only concerned with business, forced to die, is an extraordinary comment for us as untouchables, but fear for the with the World Economic Forum , how many on our times. In this context: working marginalized and the women. The lower we go, contracts we sign is the main preoccupation. to make government accountable from the more oppressed we are. Two societies- one Government is casteist. There is nothing, the time of the RTI, we understood that at the district level and another at the village except to talk of the reverse way. Both the accountability was far more than it is level.” He said that decentralization without top elite and the bottom are riddled with conventionally understood, as financial democratization would make it impossible for discrimination, and are enemies for the probity. But accountability has to ensure the most oppressed, and caste panchayats like marginalized. The word, “discrimination” has justice for people who suffer discrimination the “Khap panchayat” would bring in another been replaced by inclusion and exclusion but and marginalization. It is at the heart of any justice, unequal and arbitrary to claim their social realities have not changed. Without effort we need to make. lives. There will be nothing to control them. changing social inequalities, majority

102 103 participation in governance will not be to address the idea as a cultural idea and a of any democratic idea and the change we Reservation is for untouchables. The stigma possible and it will be one sided democracy. cultural practice. need. Participatory democracy is about could have been addressed. Instead, policies We have to understand the ways in which the empowerment of everybody including the and rights have been confused by placing discriminated and marginalized participate in The world of music, art and tradition is empowered, to change their thinking patterns. the marginalized in different categories: democracies. intertwined. Democracy is a part of not If culture is top down, government is top for instance Dalits and OBCs in separate only the marginalized voice in cultural down, culture needs to be removed from the schedules. By treating untouchability and He said he has not talked of the life threat to oppression, practice and tradition, but also processes and practices that further oppress, inequality as an exception – whereas it is manual scavengers, “close to 1317 Valmiki’s in the musical tradition. If we do not address question privilege and “inclusion”. The the norm of Indian society as it is today, have died within the last 2 years… letters to it so we do not address the fundamental important thing is to question the normal. It reservation has become a means to divide PMs and CMs and Presidents have not been flaws. As humans we are divisive in nature; has to be seen for what it is - a conversation. people in the post- independence era. answered. If they do not reply to these letters we will segregate ourselves. This segregation of distress, where is democracy? I should is seen as normal. This acceptance of the These conversations cannot take place There is no concrete criteria to deal with get a reply, if they cannot listen”, to a voice normal has to be questioned. What is the through laws and systems. The essence of inequality. In Mehboob Nagar, two dalit demanding life and liberty, “and cannot reply, mechanism to break this “normalcy” and discriminatory practice lies in changing communities clashed. The Madigas tried it is a great danger for democracy”. hierarchy, and democracy’s most important not what you think but what you feel. How to assert superiority and hierarchy, through role is to find ways to break this pattern, can we change the way we feel - it can that what is called “sanskritisation”. The Sarpanch, T. M. Krishna began with a recounting of a it should be used as a tool to break this be subverted, challenged, inverted altered. a dalit woman could find no solution to the cultural practice, when he said, “I come from pattern of discrimination. The challenge is Democracy comes alive when we actually problem. the land of Jellikattu.”1 Jellikattu is a caste to find ways in which culture and cultural listen and actually converse. An ethical ideal game sport, as practiced by the ‘thevars’ a very experiences make us question it. One could of governance, must address cultural aspects, Educational socialism is yet another issue. A powerful political group. In the capturing of change the internal patterns through which where the truth of who we are is manifested. can of caste worms. Dalits fighting amongst the bull, dalits also participate. cultural practice happens, and find a way to Expressions of culture, jallikattu, dance, music themselves. Why cannot manual scavenging look at the ethical that exists in these cultural and theatre must be unpacked to address be stopped by the government? It can The claim of cultural identity and democratic practice, break down the scaffolding that its essence of all that it mean. Aesthetics ‘demonetize’ with a profound impact against and just practice is often at variance with does not permit entry. means understanding practices, reinventing, all Indian citizens, without any consultation. democratic principles. The complexity of destroying rediscovering a different aesthetic Why can’t the government address real issues such contestations, can be resolved only if Another Greek word ‘aesthetics’ is an idea where we can converse as equals. of oppression? Our village society as it is we address democracy as a ‘cultural being’. through which a person can look at the organized is a cesspool of discrimination. Cultural practice even amongst forward essence of a phenomenon by removing Anand Teltumbde began by questioning castes who discuss castes issues such as oneself from the discourse in terms why words like exclusion/inclusion why not We need to focus on the basic formation of Brahmins who claim discrimination, and of privilege. Observation, experience, untouchability the best word to describe society, and not just rural India in the context marginalization, of their struggles, they understanding art says something important the heinous practice in India. Castes were of discrimination. The State in India came into are deprived of an income from being about engaging with possibilities. Moving a kept alive but its effect is condemned- Why? being and created a congenial class – normally prevented from operating the temple have person away, to get a perspective in looking at Caste was re planted in the constitution, but it is the other way around. Democracy needs to be countered. There is no discrimination an art form, to understand what really drives untouchability was outlawed. In dividing to look at an India, where 50% of people are if they would think of just work availability, its engine, what drives its soul. What in fact is people caste & religion they were skillfully discriminated, not merely in villages, but also why don’t they think of manual scavenging its essence? It is not easy to find the essence kept alive. There was no word like secular. in corporate boards – in fact everywhere. In the as an alternative? Their Psyche does not of anything including democracy. Every The Indian Constitution is not secular, the case of students graduating from IIMs (Indian accommodate a possible frame of occupation, super structure is built around an essence. words are “Sarva dharma sambhava”. The Institutes of Management), we see that Dalits in which such an eventuality is possible. It is Unless constant reinventing, rediscovering constitution supports and creates turbulence. pass outs get salaries with a 25% differential. unacceptable and remote. Democracy must and destroying of practices do not happen, He said that the British were accused of Caste is a cultural issue, and we have to fight therefore appear as a cultural being, we have conversations between the marginalized and divide and rule , but it would be more logical against ourselves. The “Swach Bharat mission” non- marginalized will not happen. to say that they learnt to divide and rule from for instance, gives us the “mission” that we are Indian Brahmins. Two driving factors of the doing someone else’s work. Cleaning is the 1 Jellikattu is the over powering of a bull, a breed of a bull sent out and Ethics brings in the ability to remove ruling class are caste and religion. India is work of the other always. Castes are artificially poked, prodded and men jump to hold its hump and ride. There was a myself from “my community, my.. you not secular. Secularity is a firewall between kept alive within a political economic huge rally in Marina Beach for days. The demand was that this practice be allowed contrary to the Supreme Court order, claiming that this bring in distancing, to look at the essence religion and caste. rationale. bull baiting event was critical to the cultural identity of the Tamils.

104 105 In Conclusion: Harsh Mander Session 3: The Importance of he language of the experts is technical. Oversight in Democracy Language and idiom reflect the As the world was outraged, by Donald Trump, Tuser. When the power elite speak or it hardly noticed the building up of a paradigm Breakaway Session 3A: Transparency in the write language, it is a powerful exclusion of oppression in India. The hate campaigns Pre-legislative Process and in Political Parties mechanism. It reflects the power of the state against minorities, and narratives are building – legal and bureaucratic – but the people who upto, a culture of intolerance inimical to Rakshita Swamy, Fellow, Transparency and fight against the injustice on the streets speak democracy and the Constitution. The build Accountability a different language. up of fear is supported by unscientific and irrational narratives. The resultant fear of Himanshu Damle, Public Finance Public When the two epistemologies – of politics Muslims, the cow hype, the first lynching of Accountability Collective (PFPAC) and modernity and those of an Adivasi Akhlaq, was to create fear and intimidation, (tribal) – clash, we must not reduce it to just Culturally infringements- restricted from Mouleshri Vyas, Professor, Centre for technicalities. Participants argued that the slaughtering animals. (Ironically the bigger Community Organisation and Development word ‘participation’, it is too much of a World meat exporters are mostly Hindus, brand Practice, School of Social Work, Tata Institute Bank term; it does not recognize the different names do not reflect the religion of the owners. of Social Sciences (TISS), Mumbai ways in which people remember a way of life In UP, the BJP mobilises against beef eating, and talk about its death or loss of a way of while in Kerala it supports it, making apparent Jagdeep Chhokar, Former Professor, life; it does not have a theory of generations the political intent behind these campaigns. IIM Ahmedabad and Founding Member, or time. To break the structure of expertise, BJP MLAs in UP, Muzzafarnagar use fear Association for Democratic Reforms we need to bring a different idea of cognitive and intimidation. In Haryana the police do justice into debates on participation and so to prevent people from slaughtering meat Moderator: Vipul Mudgal, Director of democracy. Just as the term was constructed, during Bakhr Eid.. Why were pellet guns used Common Cause people need to also deconstruct it. in Kashmir alone and not in other areas of protest? In India, social movements have what one participant called a ‘tacit Constitution’ or a The worst is that the culture of fear is constitution around the Constitution, which producing a culture of silence, where no they view as too Victorian or restrictive. So democracy can survive, and no justice can they try to create a passive constitution. prevail. It is the business of people who after “Epistemic brokers” such as the auditors, or all define democracy, to focus our persistent nuclear scientists are translators whose aim attention on discriminatory practice and is to standardize language into development narratives; to unpack them and disabuse statistics. We need translators, between people of false histories and narratives. We different languages, translations for the nature must begin with an acknowledgement that of the language of the state, the notion of time, the culture has to change. It is a continuing the grammar of expertise—to deconstruct debate, with governments, people, and communities. A continuing critique of dalit lives, constitutions, castes, discrimination. We have to face the truth. “When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ ‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’ ‘The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.”

106 107 participation. We are lacking a theory of information of administrative nature are is a contract system in use where people work answer to the public. She cited examples where knowledge that does not capture the “noise of progressive but are they representative? for non-fixed periods of time, ii). There is the public was involved in an appropriate democracy.” We need a theory of knowledge Parliamentarians are to account for things, poor record keeping, iii). Policies brought manner in the pre-legislative process: the BT (and participation) with a wider kind of but are they doing it? Do they have any sort into play in 2001 have allocated solid waste Brinjal case, depositions in the Justice Verma thought experiments – that is, plurality of of deliberations between one another? There management to private parties and hence call committee, questionnaires to gauge civil knowledge as they link to livelihood and ways remains a chance of legislative oversight. all workers as volunteers. A proper recognition responses on UCC. of live. Democratic theory needs to be clear of their profession is lost. about who participates, who represents and Parliamentarians come to know that their Who will organize the pre-legislative who speaks. ministries are going to get funded only She made some suggestions to make these processes? It is the responsibility of MPs n after the MoUs are signed. Until such time, people participate in legislative and pre MLAs to go back to their own constituency and Participation of people is essential in making they have no source from which they attain legislative processes. They include making enquire about what the people’s needs are. But policies. Transparency in the pre-legislative information. Take for instance N. Ram’s these workers political subjects- by giving it does not end up happening with any political process is needed to proactively involve expose on the Whistle-blower’s act in 1981. them a social and political presence in the party. So how will the people get a chance people in the policy making process. It is the The situation is such that the World Bank city. There is self-worth and dignity given to to give their opinions or views on the pre- responsibility of the respective ministries to can interfere and comment on our internal them to enable identity formation, building legislative processes which are taking place? involve the stakeholders actively in the pre situations. What is happening in India is solidarity between the members of such There is little access to MPs and MLAs, and legislative process. The meaning of oversight shocking. The parliamentarians are kept community. Their contact with political which is why wider consultations need to be in democracy and the pre legislative policy is in the dark, the people are kept in the dark. parties is not very sustained. This has to be made possible. We don’t even have the culture that democracy is ruled by discussions and So who chooses to represent India in these organized by activists and representatives. of pre-legislative consultations. deliberations. institutions? There are collusions within Establishing the fact that we are stakeholders an elite group in the parliament and the in the administrative process and hence they To conclude, political parties remain ignorant Himanshu Damle, Public Finance Public executive, and they end up making decisions have the right to participate in the governance and authoritative, but the public also is at Accountability Collective, began with for everybody. procedure. fault. The public does not try to engage with adding another perspective on participatory the political parties or establish a means of democracy with a focus on international Mouleshri Vyas, Professor at Centre for The larger question to be asked is where are communication. bodies like World Bank, International Community Organization and Development the political parties when there are issues of Monetary Fund, Asian Development Bank etc. Practice, School of Social Work, TISS, these people? Jagdeep Chhokar, Former Professor, It does not just involve the dynamic between commented on the non participation of people IIM Ahmedabad and Founding Member, the parliament and people, but it also deals on the margins. There needs to a focus on Annie Raja, General Secretary of the National Association for Democratic Reforms, said it with the dynamics within the parliament itself. particular constituencies of people who are Federation of Indian Women said that with is important for people to keep an oversight True representation is that the citizens must invisible, with regard to the pre legislative the NDA, and Modi’s visit to US, the price on democratic processes because citizens have access to parliamentary procedure. processes. What would it take for them to be a of drugs and essential medicines has gone form the beneficiaries and the victims of these part of these processes? up. Even after demonetization, the price of processes. In our legislative system, there is While there is vertical engagement between medicines is changing, because of agreements. provision for everything already. But nothing the different tiers of the government There is an assumption being made that The Prime Minister is claiming that he is implemented in practice. The same applies structures, there still remains a need for these invisible populations already have is going to foreign nations to collaborate for pre legislative processes too. horizontal engagement in the government’s a space, a voice and access to the pre- with them and bring them here to provide dealings internally and externally. Such legislative processes? She cited the example opportunities. But who is he taking along with It is the role of the political parties to mobilize engagements are essential because they of community of contractual workers who him? His delegation does not have any political the masses, collect opinions and incorporate impact policies within democracies. For undertake cleaning of public places. These representations except from BJP. them before it goes into legislation. But no example, the World Bank’s interference in people mostly do not have trade unions or one does it. The MPs and MLAs are ignorant the internal affairs of the functioning of the political parties to support them, as they Indeed, how many times has he spoken in and they do not follow their prescribed roles. Indian government during the economic are part of the informal sector. There is the parliament? He made the speech about Political parties are a law unto themselves. crisis in 1991. no organization in the informal sector. Demonetization on public media and did not There can be no participatory democracy Representative groups may or may not exist. inform the parliament. He should have gone unless political parties became less opaque. There are some questions that deliberations Why is this sweeping population getting back to the parliament and discussed it, as the There is no transparency between the have to address: instruments disclosing more invisible? The reasons are i) that there parliament has representatives who have to members and within the party itself.

108 109 Breakaway Session 3B: he session began with an agreement Sowmya Kidambi outlined her experience with that the dots were placed with soot, to mark The Power of Public Audit and Supreme Audit of the Group to move from first taking reference to cardinal principles of social audit the number of days her husband and she had Institutions (C&AG and Social Audit) Tstock of the status of the organization and the organizational issues that she had gone to help build the new school. One dot for social audit and the tie-up with CAG to contended with to establish a credible SAU, for her, and one for her husband to ensure Sowmya Kidambi, Director of Society for reflecting thereafter on the nature of the known as SSAAT in AP and Telengana, the that they got paid. This was four years ago, Social Audit Accountability and Transparency ‘power’ of social and CAG audits. first of its kind in India. She mentioned that but she had kept it still hoping that someone (SSAAT), Telangana the large number of objections raised by social who is educated and well read would be able The Moderator explained that the reference auditors in AP/Telengana, which were cited in to help her receive the money she deserved. Shohini Sengupta, Assistant Professor. point for the session was the Social Audit Rules 6000 complaints registered with the Vigilance The poverty of this woman was very bad with Centre for Community Organisation and framed under MGNREGA which outlined Commissioner, had shown how social audits no children and a husband who died. She had Development Practice, School of Social Work, a scheme for social audit, certification of had become a means of grievance redressal neither resentment nor anger - but just a hope Tata Institute of Social Sciences (TISS), accounts by Examiner, Local Fund Audit of as well. To build up the credibility of SAUs in that one day she will be given her due. Mumbai State Governments and audits of MGNREGA other States, the guidance and support and by CAG. even the oversight of the State AGs would be a When the MKSS looked into the records, they Rakshita Swamy, Fellow, Transparency and critical factor. found out that everything had been paid for Accountability The scheme of auditing envisaged that apart and the program closed. In such a context from setting up independent State Social Sowmya started the session by stating that Social auditing is done with a formal structure Neten Zangmo, ex Chairperson, Anti Audit Units (SAUs) to facilitate social auditors there has been a lot that has been written where all the money that has been allocated is Corruption Commission, Bhutan with access to information provided by State about Public and social audits. She then put against the expenses. These documents are Governments, the findings of social audits narrated an anecdote of the first time she then presented in front of the people who were Rakesh Jain, Deputy Comptroller and Auditor would be taken into account by LFA and CAG started working with MKSS during her studies part of the project for verification. Shocking General, India in the audits they would conduct. in Tata Institute of Social Sciences. results have been found through such auditing where there are many gaps, fictitious names Moderator: Amitabh Mukhopadhyay, Former The status of the movement from social Coming from a privileged background she had written and the ones who actually worked was Director General, C&AG of India audit carried out hitherto by MKSS to a form no idea about Rural Rajasthan, much less its non – existent. Unless such kind of auditing of public audit after the enactment of RTI politics. She expected it to be completely filled where documents are taken to the villagers and MGNREGA in 2005 was outlined by with sand everywhere! However, when she is done, one would never know about the Sowmya Kidambi, Director SSAAT), Shohini started working with the MKSS she learned real picture of how the government money is Sengupta (TISS) and Rakshita Swamy (Fellow, things that she could not have even if she were utilized. Transparency & Accountability). Naten travelling through, or even living in the area. Zangmo, Chairperson of the Anti-Corruption This is because the MKSS had started “peoples Sowmya’s present job in the government has Commission of Bhutan spoke about her auditing processes, and their engagement given her an opportunity to include what experiences in asserting independence of her took them into the minute details of peoples she has learnt from MKSS to be imbibed institution and Rakesh Jain made a statement trials, tribulations, and their relationship with informally into a formal setting. She went on on the full support of CAG for social audit government. to say that the lessons learnt from the MKSS in the overall efforts to introduce probity model include: principles of information and accountability in the implementation One such incident was when she was part being accessible, getting information in a of anti-poverty programs by all three tiers of a team going from house to house, while demystified manner, for people to be able of government. A very interesting set of preparing for a public hearing (Jan Sunwai) in to take their grievances to the authorities, questions and comments came from the floor. a village called Janawad. An old woman who someone to hear them on a collective platform There was scarcely time for more questions met them, asked them to eat at her house. where officials are present, a forum that listens to be allowed and for individual panelists to When they went, she gave her half a roti and and makes decisions based on testimonies address the questions/comments, and the said I can give you half my roti - I can’t give and evidence, and Social Audit findings are Moderator had to wind up the session with you the other half, because I have only one followed up to ensure that things are done. responses to only some of the questions and roti. She noticed the many dots next to the his comments on the ‘power’ of social audit choolah and so out of curiosity Sowmya asked Sowmya said her learning on the ground and CAG working in tandem. what these dots were for. Her host replied, during her time with the MKSS helped

110 111 her make sure that these principles were Based on the statistics she noted that our part of the government or completely part of corruption, and is a major problem constantly institutionalized in her work in Government, country is unable to take in grievances or deal the community, when working as an auditor. faced. and therefore, these are some of the things properly with the number of complaints that This raised issues where they were threatened Andhra and Telengana has attempted to do. are issues to be addressed. In such a context in some places and sometimes made to feel Rakshita Swamy talked about the challenge of the social auditing process gives a ray of hope like they were not part of the community. translating Democratic principles into actions. The Social audit unit is independent. No and becomes a potential centre of power for These are challenges encountered raising The importance of social audits has been minister or official from the department citizens, and of civil society to create space questions of neutrality versus objectivity, the established, and it has become a mandatory can dictate exactly what needs to be done. within structures of democratic transparency existential dilemmas of social auditors who part of the MGNREGA and National Food As director, she has the freedom to refuse. and accountability. wanted to stay loyal to their village-folk while Security Act and other programs where it is Institutionally the Social Audit Unit comes called upon to be critical in their auditing being monitored. The details of its protocol, under the government of Telengana but Shohini Sengupta, a Professor from TISS has helped establish an auditing standard. She functionally it is very independent. Secondly stated that TISS had undertaken an ongoing The third challenge faced was using regional informed participants about the headway made it’s independently funded where only 0.5% of exercise to gather information from the field languages in different states to carry out in framing the Social Audit Standards in a NREGA money is utilised for social audits. to design and continuously refine its training this training program. Fortunately TISS consultative process between Ministry of Rural Young people from MGNREGA workers programs for facilitators from SAUs. She Mumbai had faculty from different parts of Development, civil society groups and the CAG. families with basic education are trained talked about the training program organised the country which gave room for valuable These had recently been issued by the Ministry independently to perform the tasks of social by the Ministry of Rural Development that was inputs from them in the designing of each of RD as guidelines to State Governments auditing. held in Mumbai. The professors were asked to regional programs. This was again an issue and SAUs. CAG had also agreed to the devise a training program for village resource of standardization vs diversity. There was recommendations of the joint committees to There is full support from the government for persons where they learn not only to tick all also the issue of the loss of information/ introduce social audit in other anti-poverty the audit process and it aims to continue, as the right boxes but also to understand the expression in moving from the narrative programs substantially financed by the Union the process has acquired political legitimacy. principles of accountability, how it relates to form of respondents to the formatted forms Government. These ought to be notified rather the law, and constitution. They had to explore facilitators had to deal with in the field than remain mere guidelines of the Ministry. At a round table conference when elected how public consultation is necessary, and representatives and officers were asked if how can community members participate One of the other factors was to plan the Similar to the MKSS there are many other social auditing should be continued or whether effectively. They are trained not just to become manner in which civil society was also to organizations that are doing work in social it is too much of a pain? To this most of the merely social auditors, but people who feel and become a part of the teaching and training. auditing in their own varied ways. Maintaining people answered saying yes it is difficult, but understand the importance of doing it. This was a good thing where both the a detailed structure of auditing is important it should never be stopped. Social audit has government and the civil society could work with the whole process from writing down the become a protective shield from involving She raised some salient issues discussed at the together. Differences cropped up between grievances, prioritizing the issues, deciding the people in unlawful activities. For example due trainings. She said the challenge faced was SIRD and civil society groups in their cultural panchayats that will be involved, maintaining to the fear of social audits, pensioners name training people from different parts of the mind sets such as of how to start a class? - By a code of conduct, and introducing the public cannot just be included without sufficient country at a village level. The implementation evoking the Gods and Goddesses through platform – where there can be differences in documents in place to justify each name on is in progress at present, in different states. devotional songs, or by playing revolutionary style and approach, but there needs to be a the list. Due to the great diversity of the country, it songs? method in the way things are done. There has was difficult to create a standardized uniform been reluctant acceptance within the agencies Overall social auditing in Andhra has seen system. Though diversity can be seen as a There was backlash due to some issues that that have to implement programmes, that four governments come and go, but the hindrance in standardization, it could also could not be answered by them, such as on the social audit is here to stay. It is not a guideline, social auditing system continues to become be seen as a strength where the community status of NREGA where the funds were not but an introduction to a new concept with more powerful and create deeper roots participation can be increased by the inclusion coming in time, or of differences in demand its own minimum standards. Therefore, to in the state. The government has found it of traditional factors which works best in the from place to place where some wanted to maintain the sanctity of the process these very difficult to compromise the process or auditing process. work while others refused. An example was standards should be modified , and applied so dismantle the exercise. Over the last 10 years given of NREGA in Bengal where the demand that the principles are not compromised. the State Vigilance Commission has had 6000 The second problem that arose was among for jobs fluctuates and varies in seasonal complaints in all department. The social audit the people who were trained for the auditing circles. Some people lease their job card out to Another aspect Rakshita explained, is the unit in Telengana has thrown up 1 lakh issues process. They faced the challenge of people who may put their names on the muster nature of the process being established pertaining to just one scheme- the MGNREGA. belongingness where they were neither fully a roll, but not actually work. This is outright through social audits. The government may

112 113 have policies and have officers set in place helped. Phrases like ‘ Nation’s conscience’ ‘ the government. The utilization certificate The Moderator stated that after the RTI and for auditing, but the heart of the process that dare if you care’ reflect the philosophy in every issued by the panchayat makes it into an NREG Acts were passed in 2005, saddled with produces a result true to social auditing, is letterhead which continue to inspire even expenditure to be audited. DLF or the director a colossal challenge, MKSS launched on a rapid where the general public is effectively involved. a person like her, who has worked under 4 of local fund Audit is responsible for Accounts. process of disciplined experimentation, first Social Audit is not an altruistic exercise, but a different governments. at Dungarpur where padyatras of teams from necessary and inevitable part of governance. He strongly felt that social auditing a mobilization of persons from many spirited Isolation from power has been one of should not be confined to MGNREGA NGOs were started, and then in AP, where Neten Zangmo, ex- Chairperson, Anti- the major strengths of the commission. alone but should be applicable to all the a work-study of labour rates was conducted Corruption Commission, Bhutan stated Engagement with political parties can be panchayat related activities. Every project and, a consortium of NGOs came forward to that before the anti-corruption Commission done through questions asked by the people has a design of planning budgeting and help the government to establish SSAAT. This was set up in Bhutan, of which she was and getting the involvement of the rest of the implementation. Social auditing helps in transformation from ‘social’ audit to public the Chairperson, nobody ever mentioned stakeholders. Trustworthiness and credibility establishing links between the three stages. audit had proved successful and became the the word ‘corruption’. But once it started of the system depends on the transparent Justice must be delivered to all the spheres of model for setting up SAUs in other States. This functioning, everyone realized how much of functioning, and non partisan independence, the society equally. This is something that only was only possible due to the strength provided a conspiracy of silence governed Bhutan. She of the entire commission. She said that social audit can effectively examine and help by the RTI Act. said that to maintain the independence of her social audits were a big breakthrough in the ensure. organization, engagement with the State was transparency and accountability lexicon. Social audit involved a composite exercise needed rather than a confrontationist attitude. Institutionalization and sustainability of social The questions/comments from the floor were: in financial, compliance and performance She had to be skillfully creative in remaining audit can begin from Grass root level as real auditing and therefore, issues like whether assertive vis-à-vis political authority. change occurs from there. • Social Auditing should span all programs and empowerment of women, care for physically Being meticulous, open, transparent, and start from the planning stage itself; challenged or works on SC/ST lands was conscientiousness at work and treating media Rakesh Jain, Deputy CAG stated that he had being supported by MGNREGA processes as an ally had helped immensely. already spoken at the plenary and therefore, • Whether social audit should look only at the or not, were very much within the scope of he only wanted to underline the fact that accounts of works undertaken or also dwell on SAs. It depended on the SAU in its planning She identified the participation of civil the findings of social audit which State issues like women’s empowerment etc. of particular audits to stress whatever aspect society groups in the process of participatory Governments were required to report to CAG – financial, compliance or performance – it democracy as crucial and necessary. Within were not reported by the States. Social audit • What is the role of panchayats in social audit? regarded as important for that year. the context of Bhutan, she threw light upon reports from the various state governments the cynicism of higher officials and even public has not yet been received. Sharing his • Which level of government was held The Moderator emphasized the need to replace ridicule, which pose as challenges to the Right experience while drafting a report for responsible for what? the Local Fund Audit Acts of the States with a To Information (RTI), anti corruption, and Parliament, he said while there was a sum of 54 less archaic legislation. also social auditing. Indifference from the side Crore of recoveries in Andhra Pradesh, based • Could SA be a tool to overcome the lack of of people is also a threat. Independence of the on social audits, he wondered how the State of enforcement capacity of CAG – for eg. by Turning to the question of the power of the SA- government bodies does not have to result in UP had negligible findings, even when the UP investigating the partisan influences involved CAG combine, the Moderator stated that this isolation. According to her, there should be an government got a high amount. in enforcement of a 200 pgs. Report presented ‘power’ should not be viewed only in a narrow effective communication established between to Govt of TN on which action had not been frame of punitive power in particular cases the government bodies with citizens groups Social auditing is as important and unique as taken? and the strengths that CAG would provide for based on transparency and accountability. some other forms formal procedures. A report social audit. Rather, the ‘power’ of an SA - CAG is made while keeping cause in mind. A report • In Kerala, no punitive action is taken on a combine should be envisioned with reference Skillfulness, humility, work fullness and created by the CAG cannot present wrong SA report; hardly anyone turns up at gram to the ability of social audit to enable redressal engagement are some of the desired qualities facts and figures in the parliament. As social sabhas because they are not interested and of grievances and strengthen CAG’s ability to of a good officer of the information system. auditing is based on verification of fact, the ultimately all misdeeds are condoned as an act be effective in securing accountability at all Working with the commission in Bhutan, she findings may be crucial for risk assessment an of goodwill. levels and fields of government. Secondly, the was asked not to engage with media, but she audit planning. The expansion of social audit greatest enemy of democratic development is realised that media is a big ally of the Civil is one of the key recommendations. Another • Are there any examples of systemic changes propagandist modes of public education where society and honest government officials. She key player in social auditing is the fund introduced or corrective action being taken at the learner is rendered captive to the designs said communicating ones commitment also utilization by Civil Society organizations from local levels? of the ‘educator’ agency (church mantras and

114 115 development mantras). The power of social Key takeaways Breakaway Session 3C: high courts. The question that follows is, if audit lies in its potency to further public Judicial Accountability we do find judges who are not appropriate education without being propagandist, by • Social auditing should include the and are incompetent, how can they be triggering a path of learning by individual participation of all the citizens Cheryl D’Souza, CJAR removed. Removal of judges of the higher manual workers with reference to their judiciary constitutionally has only one process individual memories, experience, interest • It is different from other accounting Ragini Ahuja, Lawyer and Legal Activist and that is of impeachment. The history and values and relating that to collective practices i.e. includes the participation of civil of impeachment shows it has not worked. concerns. society organizations Shailesh Gandhi, Former Information Whenever there is a corrupt judge, and he Commissioner, CIC knows that he is going to be impeached, he Key Challenges • Social audit brings in accountability and chooses to resign, and the President of India gives the citizens a chance to voice their Vijayan MJ, Programme for Social Action also accepts the resignation. • Standardization of norms V/S Diversity of opinion. population Pankti Jog, Mahiti Adhikar Gujarat Pahel The social structure and economic • In a democratic structure, it connects the (MAGP) development in India has been impacted by • Coordination between different allies and third- tier of governance to the first one. neo liberalism, and consequently there has also stakeholders (Gram Sabha to Parliament) Moderator: Babu Mathew, Faculty at NLSIU, been an impact on the judiciary. A well known Bangalore, Former Country Director of Action statement of the American school of sociology • Presenting reports to the Government and • It is a very practical way of establishing and Aid, India says that in every judge’s mind there is a major providing the information to the people institutionalizing participatory democracy inarticulate premise. It is anybody’s guess as abu Mathew introduced and outlined to what this premise maybe, as it affects his • Institutions created for SA can themselves • It can be an effective platform for grievance the issues as he saw them. This was a pronouncements. fall prey to corruption. They need to be redress and planning Bdiscussion in which the following points audited too. were made: ironically, there are tremendous 1. For the judiciary to be independent, there expectations from the people in the country must be a full time appointments commission. • The training program (TISS), the to procure justice from the judicial system. Appointment of judges is crucial for reducing diversity across country affects attempts to Even today, the judiciary enjoys a high level of pendency and as per data provided by the law standardize/ set uniform norms. credibility. Is this credibility because of failure commission , the number of judicial posts in of other institutions like the legislature and the the country is sufficient to deal with pendency • Conflicts in the minds of the audit executive? If their credibility is on the wane, but the problem is that in the tussle between resource pool: who are we loyal to? Govt or there are more expectations from the judiciary. the judiciary and executives , appointments community? In this context, the question of judicial have been stalled. The commission can accountability, increases; finding accountable also entertain complaints against judges • Conflict between institutions (SIRD vs CSO) judges, or a system in which judges can be held as presently there is no clear complaint accountable. He said, we need to spend a little mechanism and impeachment has been a time thinking about the appointment of the failure. A full time commission can also devote judges of the higher judiciary. Where and how its time to other key areas such as studying do you find suitable people for appointment. disposal rates and pendency etc. Why are there only 7% of the cases in SC relating to The mechanism that defines suitability, constitutional issues. includes the need to represent all segments of Indian society in the occupation of such posts, 2. Transparency - there should be audio so that their voices are heard. In the judiciary transcripts or video recordings of Court itself, how do you make sure how they function proceedings for it to be a truly transparent properly as judges, and how do they conduct system. In Gujarat , the High Court rules say themselves with competence and integrity. that any information not on the website will Sadly there is evidence, of the corruption not be open for disclosure under RTI. Judiciary across the gamut of judicial bodies including is most unwilling to disclose information.

116 117 Information about appointments whether This has however been challenged for its Ragini, a lawyer working on the issue of the are poor continue to be there. Article 14 and under a commission or collegium should be constitutional validity by the Supreme Court death penalty said there is a need to work 21 are completely ignored there. transparent and subject to disclosure under by advocates and the records association. in three parts if there is a demand to be RTI. A constitution bench of the Supreme Court made for an accountable, transparent and Secondly, 34% of members of parliaments struck down both the amendment and the act. Independent judiciary. are criminals. Are they really criminals, or do 3. Diversity - only 3 or 4 SC judges since This has brought back the Collegium system of they merely have criminal charges against independence were Dalit which is an appalling appointment. In a separate order the Supreme 1. The independence of the judiciary from the them. The concept of judicial system was number. Judges must not only include Court also recommended incorporating govt. During appointment there should be that a person is innocent until proven guilty. women and judges from minority castes and several factors into the memorandum of little/no interference from the govt. But the nation as a whole has decided that communities but also legal academics , legal procedures for appointment of High Court politicians and MP’s are assumed to be guilty activists for the court to be truly committed to and Supreme Court judges, which was 2. Post appointment, there is a need of an until proved innocent. a constitutional worldview. traditionally done by the government. The independent commission other than the control of appointments is in the hands of the chief justice and a committee that comes We should reflect on what is happening to Cheryl D’souza of the campaign of judicial government as of today. together once every few months as and when our nation. We have made judiciary into a accountability and reform, said that they feel it is important. This is not enough. god and one conclusion is that fast disposals appointments made in the supreme court There is back and forth between judiciary Therefore it is need of an independent full are not possible. and high court are governed by articles 124 and government on several clauses of the time commission that can look into the issues and 217 of the constitution. In order to avoid memorandum of procedure. The judiciary and problems that are being faced. Details of statistics from the supreme court, any political interference, judges believed went ahead and revised the collegium system high court and lower court taken from they are best placed to assess the potential of of appointment and started recommending 3. Accountability and transparency to the Supreme Court website were shown. a judge. The supreme court in 1993 accorded names to fill up the vacancies in the court. people. This can be done in two ways. The to itself all matters of judicial appointment Government has been deliberately stalling court has a judicial side and an administrative The earlier chief justice said that there is a through its pronouncement that is known these appointments. Government has side. need of 700,000 judges. This report discusses as the second judges case. Subsequent to recommended 4 broad categories that should pending cases, new cases, instituted case, this, there is also a presidential reference. It be in the new memorandum of appointment. • Judicial side – audio transcripts of disposed cases in 5 years, balance pending, created a collegium which comprised of the They are eligibility criteria for judges, and proceedings in the court. This will help not percentage of vacancy in judicial positions. chief justice and the next 4 judges in order of accountability by the provision of transparency only on the transparency issue but also The current chief justice says right now seniority. In an attempt to address the various criteria in the appointment process, and by help academics to flourish. pendency is due to the govt. The truth is flaws, the collegium system of appointment of making the eligibility criteria , procedure, pendency is always been there and everyone judges has been critiqued. The critique is that minutes available online along with provisions • Administrative side – disclosing of is responsible for this. there is a lack of transparency in functioning, to ensure confidentiality. information under the RTI inefficiency, failure to control the increasing If the vacancy is filled up, the balance vacancy in both the High Courts and the An establishment of a secretariat for each High • Diversity in the judges – Not only would have been different. Vacancy is the lower courts. And most importantly there Court and Supreme Court and the prescription diversity like having women judges main cause of pendency. Data from law is total lack of accountability. It is true, that of it functions, duties and responsibility also or SC/ST judges. But other ways, like commission was also presented which gives the current system is better than the previous helps accountability. Appropriate mechanisms legal activists or law professors who are details of the number of cases and number of system of government decided appointments. and procedures have been laid out to deal with respected all over the world to become vacancies. In order to overcome these flaws, parliament complaints against anyone who is considered judges. passed the National Judicial Appointment for appointment as a judge. A group of If the vacancies were filled from 2007 Commissions Act 2014 which was the 99th employees from Punjab and Haryana have Shailesh Gandhi explained that when we talk onward, we would have -negative pendency amendment to establish the National Judicial been protesting about the condition of Class about Indian judiciary, we think and reflect in the court. Appointment Commission. This commission 3 and class 4 employees in the subordinate when someone is in prison, the common comprised of the Chief Justice and the next roots across Punjab and Haryana. Several assumption is that he is a convict. The truth We are living in a myth that we do not have two senior most judges, the law minister, two notifications have been issued about the is that only 30 % of our prisoners are convicts, enough judges and can’t deliver justice, members of civil society whose suggestions abuse and exploitation by the judges staff for whereas 70% are undertrials because they are but the truth is vacancies are not filled and regarding appointment would be binding on domestic work. poor. This is never talked about. The Judiciary Government and the courts are responsible the President. is responsible for enforcing that People who for this.

118 119 Everything the court says is considered as a Field Visit to see Local Self Government/ – Programmes upto “Neighbourhood Key Challenges gospel truth. It is time to stop having blind Peoples plan/ Kudumbashree – some forms of groups” level as equal to the faith and start questioning the court institutionalized participatory democracy implementation. It is revealed that women • Democratic process are expected be or plan what they need for the ward, once rather they may be looked indiscipline. The There is conspiracy not to fill vacancies. In Place of visit: Nellanadu Gram Panchayat of budgets are given to the panchayat, which mechanized/standardisation of these process an RTI we asked this 3 weeks ago. They sent Vamanpuram block of Nedumangad Taluk of may have many limitations. will not only reduce the scope for creativity, a letter to supreme court and 25 high court Thiruvananthapuram district of Kerala was but also it will harm the participation of across nation. Letter from SC transferring it visited by a group of 19 participants including – Standing committee on Finance, Welfare marginalized. The biggest challenge is back to law and justice department. We have 2 Research Associates from TISS. and Development should actually be looked that how can we avoid mechanization in enough sanction judges to be able to meet as powerful mechanism to enhance the the approach and processes. For example, our needs. • We looked into functioning, infrastructure, scope of participation of members in most implementation of various programmes budgets, governance, planning and informed manner. designed at higher level like “Plastic free implementation mechanism. They have Panchayat” or implementation of a project is decentralization of power to the Panchayat to – Disclosures are one of the best tools to left on kutumbshree women entirely. This it hold education, health institutes accountable. enhance participation of people. It was limits their scope of creative participation. There is proper budget provision, maintenance found that Panchayat body was totally grants, development fund and welfare budget, unaware of “Pro-active disclosures” • Decentralized power distribution is the key which gives huge scope for the participation. though they were answering more than strength of Panchayati Raj institutes. However However there are certain observations that 50 RTI applications on welfare schemes, when it is transforming into functional would like to share. development budgets and all. There is democracy it might pose a challenge of large scope of working on this area. There excluding the most needed and the doors for Key pointers are ready to use templates in the proactive them to raise their grievance are shut down disclosure guidelines. in the name of decentralization. Or when the • The infrastructure facilities with the Gram same decentralization gives positive nod to Panchayat are adequate along with Financial – Decentralized and accountable grievance the projects and programmes without actual and Human Resources. The mechanisms that redressal mechanism will also enhance consulting people in effective manner but provide the scope for participations of people participation and will bring out issue. using the same tools and twisting it on their in General and women, weaker sections are Today, mechanism at ward level is vague. side. available & accepted through provisions There is also little accountability and like 50% reservation for women, and also by transparency in the mechanism. programmes like Kudumbashree. – The elected body has upper voice as • However, during our focus group discussion expected, but Grievance redressal is entirely with women group (Panchayat staff, Women left of the employees, which looks like a Elected members, and MGNREGA workers great mismatch. on site) it is revealed that these mechanism will be more effective in bringing women participation in real sense if we can emphasize on

– Training and Capacity building of Women on Panchayati Raj, RTI, Prevention of Domestic Violence Act.

– Enhancing participation in advance planning of the

120 121 Place of the visit: Vembayam Gramapanchayat 4. The Panchayat President and all Ward Impressions regarding the School representatives are paid monthly salaries The team visited the Gram Panchayat office 1. We were told that the Parents Teachers where we interacted with the Panchayat 5. There are 3 Standing Committees in the Association is very strong and monitors the President and the Ward members. Post that, Panchayat: functioning of the school. we visited a Government Upper Primary School in the same Panchayat. a. Development Standing Committee which 2. It was commendable that the school has looks at the areas of housing, water and permanent teachers to teach 5 languages Key Pointers electricity including Malayalam, Sanskrit and Arabic.

1. Local participation appears to be strong. b. Welfare Standing Committee that looks at 3. It also has a “teachers’ bank’, a list of eligible The presence of Kudumshree strengthens social security teachers from where candidates can be representation of the women. It also helps in sourced in case any of the permanent teachers the implementation of schemes but whether c. Health and Education that is in charge of can be sourced. it enhances the efficacy of its implementation, the functioning of the schools and hospitals could not be explored during the short visit. 6. The Panchayat’s jurisdiction extends to all 2. Local participation appears strong. schools in the Panchayat (even those unaided by the Government) in all areas except academics. 3. The Panchayat President, who is running her second term shared that she has never faced 7. It also oversees functioning of the hospitals, any challenge by virtue of her gender even private.

4. However, she said that it is difficult to 8. With respect to the Primary Health Centers, handle various political party interests in the it oversees availability of medicines and existing Panchayat. Various ward members belong to support etc. different political parties and may represent conflicting interests. 9. The Kudumshree project seemed to aid the functioning of the Panchayat mainly through: 5. She also hinted at difficulty in handling individuals especially in the context of a. Helping with the implementation alcoholism and treatment of children. of Asraya, the largest project in the Panchayat. Kudumshree members choose Other Mechanisms which strengthen the beneficiaries eligible for the project by Participation undertaking a survey

1. The Gram Panchayat consists of 21 wards. b. The Kudumshree Project has Area The President, Vice President and the Development Societies in every ward, Chairpersons of 3 standing committees are representatives of which make up the elected from these representatives. Community Development Society at the Panchayat member. A number of members of 2. There is 60% reservation for women in this Kudumshree are also Ward members and are Panchayat elected as MLAs. The exact linkages between the Kudumshree project and the Panchayat 3. 25 official staff strengthen the functioning in terms of funds, roles, responsibilities and of the panchayat unlike any other part of the accountability could not be explored. country

122 123 Details of Panchayats Visited for the Field Trip

Aruvikkara Gramapanchayat Aruvikkara, belongs to Nedumangad taluk, is a village in Thiruvananthapuram district in the State of Kerala, India. It is located on the banks of the Karamana River 15 km from Thiruvananthapuram. The headquarters of the Wellington Water Distribution project Karakulam Gramapanchayat is located here. The mini Aruvikkara dam Karakulam is a village in Thiruvananthapuram which provides water to the state capital district in the State of Kerala, and is located 10 km Thiruvananthapuram is also located in to the north-east of Thiruvananthapuram City. It Aruvikkara. comes under Nedumangad Taluk. www.lsgkerala.in/aruvikkarapanchayat www.lsgkerala.in/karakulampanchayat Population 28661 (Males: 14155; Females: 14506) Population 40503 (Males: 20184; Females: 20319)

Sex Ratio 1065 Sex Ratio 1007 Karakulam Gramapanchayat Vembayam Gramapanchayat

KarakulamPopulation is a village Density in Thiruvananthapuram1311 district in the State of Kerala, and is located Vembayam isPopulation a village in Density Thiruvananthapuram 1619 district in the state of Kerala, India. 10 km to the north-east of Thiruvananthapuram City . It comes under Nedumangad Taluk Vembayam is located on Main Central Road, at a distance of 18 km from Literacy Rate 90.09 Thiruvananthapuram.Literacy It comes Rate under Nedumangad Taluk.91.86 Population Males 20184 No. of Wards 20 Population No. of WardsMales 16067 23

Females 20319 40503 Females 16570 32637 Name of Wards Velloorkkonam, Kokkothamangalam, Kalathara, Mundela, Name of Wards Vattappara West, Vattappara East, Karayalathukonam, Sex Ratio Mailamoodu,1007 Aruvikkara, Vembannoor, Kadambanadu, Sex Ratio 1031 Plathara, Vencode, Kizhakkela, Chekkakonam, Ayanikkad, Population Density Manambooru,1619 Bhagavathypuram, Cheriyakonni, Irayamkode, Population Density 1067 Tharatta, Kachani, Mudisasthamcode, Vazhayila, Aaramkallu, Kachani, Kalathukal, Mailam, Pandiyode, Irumba, Vattakulam, Karakulam, Mukkola, Eanikkara, Nedumpara, Kallayam, Literacy Rate 88.09 Literacy Rate Azhikkode,91.86 Karumarakkode Plavuvila, Nedumon, Maruthoor, Kazhunadu, Chittazha No : of Wards 21 No : of Wards 23 www.lsgkerala.in/aruvikkarapanchayat www.lsgkerala.in/karakulampanchayat Name of Wards Vattappara West, Vattappara East, Karayalathukonam, Plathara, Vencode, Kizhakkela, Chekkakonam, Ayanikkad, Tharatta, Kachani, Mudisasthamcode, Vazhayila, Aaramkallu, Karakulam, Mukkola, Eanikkara, Nedumpara, Kallayam, Plavuvila, Nedumon, Maruthoor, Kazhunadu, Chittazha

124 125 Sex Ratio 1036

Population Density 961

Literacy Rate 88.07

No : of Wards 21

Name of Wards Vattappara West, Vattappara East, Name of Wards Manickal, Aliyadu, Moolayam, Thycadu, Karayalathukonam, Plathara, Vencode, Pirappancode, Kuthirakulam, Thalayal, Kizhakkela, Chekkakonam, Ayanikkad, Edathara, Chirathalackal, Vembayam, Tharatta, Kachani, Mudisasthamcode, Kattackal, Koppam, Annal, Plakeezhu, Vazhayila, Aaramkallu, Karakulam, Velavoor, Koliyakode, Kallikkadu, Mukkola, Eanikkara, Nedumpara, Kallayam, Poolanthara, Santhigiri, Theeppukal, Plavuvila, Nedumon, Maruthoor, Kazhunadu, Chittazha Kunnida

Manickal Gramapanchayat Vembayam Gramapanchayat Manickal is a village in Thiruvananthapuram Vembayam is a village in Thiruvananthapuram district in the State of Kerala, India. It belongs district in the state of Kerala, India. Vembayam to Vamanapuram block and is the first Geo is located on Main Central Road, at a distance Infomatic Panchayat in Kerala making use of of 18 km from Thiruvananthapuram. It comes the GIS technology in micro level planning and under Nedumangad Taluk. quality service delivery.

http://lsgkerala.in/vembayampanchayat http://lsgkerala.in/manickalpanchayat Population 32637 (Males: 16067; Females: 16570) Population 32065 (Males: 15747; Females: 16318)

Sex Ratio 1031 Sex Ratio 1036 Manickal Gramapanchayat Nellanad Gramapanchayat Manickal is a Populationvillage in Thiruvananthapuram Density district1067 in the State of Kerala, India. It belongs Population Density 961 to Vamanapuram block and is the first Geo Infomatic Panchayat in Kerala making use of the Nellanad is a village in Thiruvananthapuram district in the State of Kerala, India. It belongs Literacy Rate 88.09 Literacy Rate 88.07 GIS technology in micro level planning and quality service delivery. to Vamanapuram block under Nedumangad taluk

Population No. of WardsMales 15747 21 No. of Wards 21 Population Males 10611 Name ofFemales Wards 16318 32065Vattappara West, Vattappara East, Karayalathukonam, Name of Wards Manickal, Aliyadu, Moolayam, Thycadu, Pirappancode, Plathara, Vencode, Kizhakkela, Chekkakonam, Ayanikkad, Kuthirakulam, Thalayal, Edathara, Chirathalackal, Tharatta, Kachani, Mudisasthamcode, Vazhayila, Aaramkallu, Vembayam, Kattackal, Koppam, Annal, Plakeezhu, Karakulam, Mukkola, Eanikkara, Nedumpara, Kallayam, Velavoor, Koliyakode, Kallikkadu, Poolanthara, Santhigiri, Plavuvila, Nedumon, Maruthoor, Kazhunadu, Chittazha Theeppukal, Kunnida

http://lsgkerala.in/vembayampanchayat http://lsgkerala.in/manickalpanchayat

126 127 Name of Wards Vattappara West, Vattappara East, Karayalathukonam, Plathara, Vencode, Kizhakkela, Chekkakonam, Ayanikkad, Tharatta, Kachani, Mudisasthamcode, Vazhayila, Aaramkallu, Karakulam, Mukkola, Eanikkara, Nedumpara, Kallayam, Plavuvila, Nedumon, Maruthoor, Kazhunadu, Chittazha 1 February 2017 (Day 3) hiv Visvanathan, Professor at O.P. Jindal University, munshi of social movements Plenary 4: Examining the Role of said that building a theory of knowledge People’s Movements and Campaigns S is important. He said: “We need a theory of and the Threat to Constitutional knowledge with wider thought experiments.” Principles We are not just unpacking but also unfolding Shiv Visvanathan, Professor at O.P. Jindal democracy, unravelling it. You cannot University, Sonepat participate when you speak another language. You cannot participate, when we forget and Annie Raja, General Secretary, NFIW unless we understand where our memory fits into history. How do we bring memory Kamayani, Jan Jagran Shakti Sangathan, Bihar into the moment, when the majority of us face amnesia of our collective memories? We Nellanad Gramapanchayat S.P. Udayakumar, Convenor, Peoples’ talk about debates taking place, but many of Nellanad is a village in Thiruvananthapuram Movement against Nuclear Energy the participants disappear before the debate district in the State of Kerala, India. It is over. The memory of those people and the belongs to Vamanapuram block under Fredrik Galtung, President, Integrity Action, movement is lost. If you want participation Nedumangad taluk. London, UK you have to create a version of this absent memory. Participation does not capture http://lsgkerala.in/vembayampanchayat Jagdeep Chhokar, Association for Democratic all of this. When we construct the word Population 21768 (Males: 10611; Females: 11157) Reforms participation, we must also deconstruct it. Sex Ratio 1051 Manickal Gramapanchayat Moderator: Aruna Roy Local healers must converse with psychiatrists, keeping their linguistic ease. Voice is a Manickal is a Populationvillage in Thiruvananthapuram Density district1179 in the State of Kerala, India. It belongs subaltern notion. Participation is an English to Vamanapuram block and is the first Geo Infomatic Panchayat in Kerala making use of the word. We need to create another folklore. Literacy Rate 91.17 GIS technology in micro level planning and quality service delivery. Take Koodankulam, for instance. The language of experts, the language of power No. of Wards 16 Population Males 15747 is technical. The language of people who Females 16318 32065 struggle is sensorial. How and why is one seen Name of Wards Kottukunnam, Nellanad, Kanthalakonam, as scientific and the other as unscientific? Keezhayikonam, Thottumpuram, Mailackal, Venjaramood, Participation is not a simple word. It is a Manickamangalam, Puthoor, Valiyakattackal, Kavara, co-opted word. There must be a democratic Mukkunnoor, Muroorkonam, Alanthara, Mandapakunnu, theory created to support participation. The Parameswaram current theory is too prim and proper, too English, and is in a linear time frame. It has no http://lsgkerala.in/nellanadpanchayat theory of generation or of time.

Movements have a tacit constitution, but the constitution is too Victorian. The directive principles of state policy is the future. The category of suffering is not included in the rational. Participation does not have a hearing aid. Take for instance the KSSP translation of Brecht’s Galileo. There have been more shows of the Malayalam version than of the German.

128 129 Participation needs two languages. We need and Developmentalism are three essential Farmers in this country are committing The perverted nationalism debate, and the to have a nature of language, questioning of facets to be considered. The nation state has suicide and the government suggests that forcing of the concept of the theocratic state by time, the logic of experience and the grammar become macho, soul-less and cruel. Science they shift to the service industry. According Hindutva remain huge challenges. Nationalism of listening. The word participation does not has become anti people. “Developmentalism” to them we don’t need fishing or farming, as and its concepts, apart from being irrational, reflect the visual, which is part of the sensorial has taken place in various areas like nuclear we can just get everything imported by paying are also fake. She cautioned the movements of people. development and so on. Nuclear plants and extra. India has a tradition of non-violent to use language carefully. The state of India is thermal plants are now coming up across the protests and the violent reaction by the state is in a constitutional crisis where the values and That is why the people’s experience of country. Science is getting out of hand. a denial of democracy. In Kudankulam a huge mandates are being set aside. This is a time Kudankulam cannot be a technical instrument number of cases (380) are now pending against for progressive forces and the left to come without translation. We need a theory of Science has been overtaken by technology. the protestors, of which 21 are of sedition, of together, to combine the zest of movements knowledge. That is why we look to movements The Kudankulam campaign is not waging war on the state. What do we say of the with progressive politics and the left. We need for another theoretical frame. It was C V merely against the supply of electricity or State waging war on the people? co-ordinated campaigning and there may be Seshadri, a great mind, who said another development. If atomic energy has to be creative ways to do so. grammar must be created and understood. A brought in, let us make it democratic. Dissent Where is the dream? Demonetisation: Rupees, different concept of time. Take for instance, is not against the nuclear plant, but the way it credit cards are given to illiterate farmers Kamayani, Jan Jagran Shakti Sangathan, Bihar the Brundtland report, which has only linear came about which was undemocratic. There who do not use them. India is not one, India said that there is a dire need to deal with issues time. There are 21 concepts of time! has been no social impact assessment, no is many. India can only be federal. We are all in the theoretical and abstract sense, before safety analysis, no ‘site on’ report, no disaster different and we all want our sovereignty. We connecting them to practice. There are many We need a new kind of social contract, a new management report. The documents are all in are not separatists, we want to be one, but movements that come up and mobilize people’s kind of responsibility beyond audit. We need English , there are none in the local language. not by making compromises of our culture. participations, but where is the way forward? translators, and a new epistemology. Take MPCPI stated that public hearing has to India is a federal state and must be seen as a for instance the concept of soil from a tribal happen in a democratic manner as compared multiplicity of cultures, even nations. Planning She said that the country became independent word. The question is who speaks for these to hearings where no public opinion is taken. elections to all the institutions of democratic because of a national campaign for people, speak in their language, translated governance together from the local bodies to independence. It remains the most significant with integrity, a democracy only in English The documents were not shared. In the parliament is a ruse to standardize choice, to and the most successful of our peoples’ cannot do. As A R Ananthamurthi said, an UK and the USA, these reports are on line. enable autocratic dictatorship. Transparency campaigns. It was a great example of a illiterate person speaks 5 languages, the RTIs filed in Nuclear Power Corporation of and accountability assume great importance if large population getting together to make convent- educated person speaks one! The India Limited (NPCIL) proved of no avail. we are to resist authoritarianism. democracy work. word participation does not capture the noise The request for information went up in and the silences. It is a bad example of story- appeal to the Commission, which ordered Even Jellikattu is not a Spanish bull fight, the At a time like this critiques of the Constitution telling. its disclosure. But now the matter has bull is not killed, only overpowered. It is not a are badly handled. We need to see that without been stayed by an injunction of the Delhi violent game. What do the Delhiwallahs know that basic set of guarantees we, as a people, Cognitive justice and the right for different High Court. True democracy mandates the of Tamil culture? There is a huge democracy cannot define ourselves. At moments in history forms of knowledge need to co-exist. furnishing of information, which is the deficit. In 2009, students in Tamil Nadu movements have to understand the relevance Participation is too English a word. The basis of the exercise of sovereignty. The protested, referred to as the Tamil Spring. The and significance of theory and engage it to language of the experts is technical, but state in the absence of such a relationship centre did not support the Tamils in Sri Lanka; practice. Theory without a connection to the people who fight against injustice on is nothing more than a dictatorship. India’s on the contrary, they supported the Sinhala ground reality will become meaningless. She the streets speak a different language. You long coast line of 7,500 kilometres, has and the Srilankan State. Why is the Indian said, “So far we have only interpreted theory, tend to start favouring a certain language in fisher folk, who while working for their state the handmaiden of imperialism? We have we now have to change it”. Whatever we believe time. We need to add epistemology in these own livelihood, ensure their substantive to be democratic; we are not Putin’s Russia or in has to be related to ground reality, like conversations. There is a need to have a theory contribution to India’s food security, Trump’s America. Marx, whose principles are still relevant, but of knowledge. Participation is not captured in foreign exchange earnings and protective whose context will now be different. Cases like the noise of democracy. ecology. They are being displaced by a Annie Raja, General Secretary, NFIW said Ramadevi’s, a landless dalit fighting for land whole range of encroachments on the coast that people’s movements are a platform for Mohd Ayub’s fight to get work, S Khatoon’s S. P. Uday Kumar, Convenor, People’s line: hotels, resorts, shipping, ports, pipe the voiceless and the faceless. Participatory who gets Rs.50/- a day for serving midday Movement against Nuclear Energy said lines, and waterways, resulting in massive democracy can be achieved through different meals, have to be woven into a political theory. that in this nation, Nationalism, Scientism displacement. means.

130 131 There needs to be a transformation from the mass of people. Ensuring that laws get laws need to be fashioned and implemented, electoral patterns depend on the nature of interpretation of the problem to the possibility in place and are implemented, and ensuring but functionality cannot be ignored. It is every voter. There are more issues, which go of change. Hence, our way forward would entitlements means building collective, the understanding of achievement that re- beyond participation. include trying to get good laws formulated, organic leadership. Collective leadership for energizes the campaigns and draw in new ensuring the proper implementation of these its part, can recognize injustice, fight against members. Jagdeep Chhokar then detailed the process laws and using the laws to build collectives and it and then stand up, create organizations and through which ADR had finally got the mobilize people’s support. In these stages, we campaigns transcending local organisations. Jagdeep Chhokar, from the Association for Supreme Court to order that all candidates need to transcend geographical boundaries. Democratic Reforms said, “As somebody said standing for election must declare their This ensures the increased participation Fredrik Galtung, President, Integrity Action, ‘war is too serious a business to be left to the assets, educational qualifications and of people, and incorporation of varied London, began by acknowledging the generals alone’, in the same way, ‘politics criminal cases against them, along with perspectives and critiques at every stage of the incredible chemistry of the two workshops in is too serious a business to be left to the nomination papers. The law was passed process. Most importantly, people’s ideologies Montreal and Kerala, in bringing multifaceted politicians alone.’ We as citizens are expected through an ordinance. The ADR won the should be used as a guide to paving the way concerns and sectors and countries together. beneficiaries of politics. So we must take a final appeal and the ADR ordinance was forward. The framework addresses a mid-life crisis stand to keep the politics on our side. But how upheld. of transparency campaigns which set out do we do it? Pre-legislative processes is one of “Jiska muddha, uski ladai decades ago. It hones in on the fact that the such processes. These processes do exist like Uday Kumar said the RTI parallel is Jiski ladai, uski agvai” essentials are participation, transparency everything else in our country but are largely heartening. ADR too has had a serious issue and accountability. He said recalling Shiv side-stepped.” with the transparency of political parties Zindabad, Jai Bhim and Lal Salaam. Visvanathan’s words that history in the shape in India. There is a proviso to Election of older debates cannot be discarded, but The pre-legislative processes exist in the Commission, that only donations over Underscoring these points, Aruna stressed needs to be critically evaluated. He recounted form of political parties, whose function is Rs.20,000 would be taxed. The rest is non- the need for local leadership. She said that his evolving concerns from Transparency to mobilise public opinion and consolidate transparent income. The ADR filed an RTI the rights-based laws were defined by people International and its crusade against global it, so that it can be represented in the state application and the CIC ruled that political and the campaigns (RTI, NAPM and others) corruption, to his present concern with parliament. But political parties fail to do that. parties fall under the definition of public have a mix of leadership. Movements provide governance in Integrity Action. bodies and must disclose information on a broad-based constructive critique to take Transparency in the political parties is of the income. democracy further. The argument that this The need for participation is widely utmost importance. Political parties must not is a post truth /ideological era does not stand recognized. But the missing factor remains be allowed to say “We are not under the RTI, It became necessary to know about the test of scrutiny. However ideologies will a link between these three concepts. we don’t have to respond to that”. Political donations to political parties and following have to build in a continual process of self- Transparency, accountability and participation parties must be involved in the RTI Act. the decision of the CIC, the ADR filed RTIs examination and revision. The theories that form three points of a triangle. It is essential with the six national parties. The parties derive from practice are built organically, to look at all three of them in context with each We have not fundamentally addressed did not go up in appeal and they continue thereby fashioning a more comprehensive and other, instead of being focused in isolation. the issues of electoral probity. It has been to deny disclosure of information. The inclusive debate. If we take part in discussions Thus the pertinent questions to ask are how wonderful to listen to Uday Kumar, and difference between party and the issue of an issue, we tend to understand it better to make transparency accountable? How hear of the heart-warming RTI process. Our now stands in limbo. There is a difference and it takes the shape of theory-policy or to make accountability transparent? How people are still fighting and trying to make between the party and the government. legislation. We own it and we use it. The tools to make participation transparent? How to a fundamental difference. The ADR began Parties come and go, but governments are practical because the designing was done make people’s participation accountable? as fun. Constitutional principles have been remain. When we elect a government, we by the users. Information in its many forms: How to make transparency participatory? violated during the last 25 years- for instance believe that the process of election begins publicity, debates and discussions, leads to How to make accountability participatory? Article 19 is violated, the separation of powers, with the candidates standing for election. the acceptance of tools (as RTI is owned by the Participants discussed the problem with etc to go by everyday reports. For instance, people). participatory democracy, and felt more once again there is no difference between We as voters have limited choices, pre- attention needs to be made on developing the party and the government. constrained by poll choices by the parties. Comment by John Harriss: a pertinent solutions to these problems. The ADR process has enabled us to send red comment that leadership of communities Two questions have been raised by Aruna alerts against candidates who have criminal still remains largely with the middle class, The people join campaigns for struggling for about the decision making process. How do cases pending against them. dedicated and committed, but still not from absolute and tangible gains. Transformatory we ensure participation? A series of issues,

132 133 Is India a vibrant democracy? This is determined Session 4: Accountability to the People/ ashomati Ghosh, Senior Professor at NLS, by whether our political parties are truly Making Power Truthful Bengaluru said that at faculties of law we democratic. Democracy cannot survive without Yare constantly told that Constitution values debates and movements. Breakaway Session 4A: are supreme, and the constitution is sovereign. Bureaucratic Accountability A bulk of the problems in implementation is Aruna in summing up the session, said that between administrative autonomy vis-à-vis people express their political viewpoints through Yashomati Ghosh, Senior Assistant Professor, administrative accountability. Our primary slogans and practice. The theory that evolves National Law School emphasis should be – to whom is the government express themselves through entitlements which accountable? It should be the citizens in a address the issues directly. As members of Anjali Bhardwaj, Satark Nagarik Sangathan, democracy rather than political establishments. movements and campaigns, we walk across from Delhi The understanding of value has to be from theory to practice, adapting language, idiom and citizen’s perspective; the governance is for the yet keeping to the non- negotiable principles. Shaheen Anam, Manusher Jonno Foundation. people. There are two forms of accountability: Fixed categories help us shape the theory and are MJF is a big network of organisations working judicial accountability and the accountability important, to work out the arguments of what we on human rights, entitlements and governance to the people. Judicial Accountability: Supreme may think is apt and will deliver. This session has issues. They led the campaign for RTI law, Court helped creating and understanding unpacked practice, leading us to one conclusion: Bangladesh fundamental rights. The question isn’t of that the acceptance of participatory leadership substantive right but how those rights apply to and decision making are vital, if we are to protect Harsh Mander, Director, Centre for Equity us. the rights of the marginalized and struggle Studies against majoritarian dictatorship. This process A hallmark case in this is Maneka Gandhi will lead us to some answers. T.K. Jose, IAS, Kerala v. the Union, for various reasons, primarily discussing the role of an administrative office She concluded the session with an emphasis on C.K Mathew, Former Chief Secretary, and how a right should be exercised in a proper the freedom of expression being fundamental Rajasthan. Currently Senior Fellow and Head, manner. The procedure should be just, fair, and to democracy. In the recent past, difference, Public Policy and Research Group, Public reasonably applied. It discusses the inherent duty dissent of ideas in writing, has had to face Affairs Centre to act fairly. What could the possible recourse state repression. The challenges for keeping be? Should one go to court? Judicial remedies are democracy alive are critical and urgent. Moderator: Satyajeet Rajan, IAS, Kerala limited when it comes to rights of citizens. Participatory democracy as a means of such expression has therefore to be seen as the Enforcement then becomes the major question. deepening of democracy. 2010 onwards has seen a new trend of right- based legislation. There is also a right to timely An interjection delivery of services. If the person does not get service on time, he can file and get administrative A contemporary issue was raised by Anjali grievance redressal on time, due to their Right Bharadwaj citing the example of Bela Bhatia to timely services. This is a good opportunity to where there was a violation of human rights. start looking into legislations and see how we There was a brazen attack on Bela Bhatia. can make the process more accountable and Activists, scholars, journalists and judicial enforceable from the perspective of government activists have been threatened and harassed: officials. Soni Sori, Nandini Sundar, Prof of Sociology, and large numbers of local people were victims Amrita, Satark Nagarik Sanghatan, Delhi of abuse of rights by private vigilantes and Salwa Judum and action group for national integration To hold someone accountable, there are two (AGNI). Ordinary people have no defence. State things we need to know: what are their roles institutes must work within law. and responsibilities and what are they doing in

134 135 terms of performance? RTI has been essential a push for state level grievance redress law, won’t percolate down without political will and Report Card – a social accountability tool to to access details of bureaucratic structure, but out of 2000 complaints, none has been bureaucratic accountability. assess the quality of governance. Why not look who holds what post, what are their roles redressed or acknowledged by the govern at the problem from the demand side rather and responsibilities, who to go to when faced Harsh Mander than the supply side? Is it possible for the with certain problems- which is reflected in Shaheen Anam, Manusher Jonno Foundations, citizen to evaluate the quality of governance the kinds of RTI applications that are coming Bangladesh As a civil servant, who am I primarily based purely on statistics in the public out. The First set of RTI in Delhi was to food accountable to? Complex situations like domain? departments, as it was found that people were The unwritten premise in bureaucracy restoring land to tribal people, being fair not getting their rations from the government is that governments will come and go during communal riots, crush a movement The Public Affairs Index – sees the structure and nobody was taking responsibility for it. To but the bureaucracy will remain neutral. during big dams or facing corrupt officials. of governments as a pyramid. 10 themes enable people to get to know what somebody Unfortunately this does not happen in Each time I felt I had a public duty to disobey include – infrastructure and communication, is supposed to be doing has been the power Bangladesh, where the bureaucracy has my superiors. I was principally a servant of the human development, social protection, of RTI. The RTI is not meant for delivery of become highly politicized. Government nation’s citizens. Primary accountability is to children and women, law and order, delivery of services, it is just to give information. officials live in perpetual fear of what they’re the people. Secondly, obligation towards the justice, transparency, environment, financial going to say and what they’re going to do and Constitution. Thirdly, it is to the Government. management and economic freedom. There What is accountability of supervisory the impact of it on their careers. This has a is a new report to be published in March, 2018 structure? There is no way of ensuring officers’ huge impact on grassroots level for delivery of The duty of a civil servant lies in the first or which will have 82 indicators. Evaluations of accountability and no way to hold any of them services to the, common people. It is always else there is no point in having an independent government have to be constructed from the accountable from a citizen’s views. In 2011, very hard to work with bureaucracy, but it’s civil service. During its early years, the, objective database provided by the State. The a good law on grievance redressal made the like a large round stone that will move only if RTI had a potential to become a national NHRC now wants to collaborate and to devise rounds in the parliament: Any service you are pushed long and hard enough. movement because it was an instrument for a Human Rights Index. due for, file a grievance, get a response in 15 ordinary people to ask questions. It could alter days with automatic escalation for appeals, Even if the existing legislations were made the relationship between who governs us and One needs also to see what the state Lokayukt mandatory penalizations, and payment of to work, we would have to go quite far in who is being governed. is like. It is not only outcomes but also the mandatory compensation. But the law never attaining goals. In so far as the delivery process. Top performing states are the ones saw the day of light. of services is concerned: there is a lack of When you are the client, RTI is great because which do well in the social sector a) education, accountability, at every level something that you have access to information about your health, nutrition and women’s empowerment. Now the new government is no longer looking is endemic over many places in South Asia. representatives. The longest journey for a civil The State which has really moved forward at the law but bringing it as a in a scheme- The only recourse has been citizens’ groups servant is – that side of the table to this side. in progress is Himachal Pradesh. Women diluting the law, which is at the charity of formations coming together to demand better They need to put themselves on the side on the have been empowered in the last forty years. government. In reality no such scheme has services. Bureaucrats can’t be called public people to understand the importance of RTI. They speak out and they agitate. Much of been prepared. servants anymore; they have become distant accountability depends upon the design and inaccessible. Among the problems of One unsuccessful story - in the case of of the legislature. There are many drafting At least we are able to get information now, but accountability, once again the question is, to communal riots - no riots can go on unless the styles, the argument should be for a design of where do you go with information? We need to whom? Generally it is the supervisor. Roles state allows it. For instance in Gujarat (2002) drafting, wherein the base unit should become have forums that are independent, empowered have become very confused. and even now we do not have a system to hold the prime mover for the implementation. and that can look at the information and do the people in higher authority, like the current It is now the opposite. It is the top unit the necessary with it. In Bangladesh, RTI has just stuck to social PM, responsible. We need to consider ‘culpable that is held accountable. Style of drafting safety net issues and not gone beyond to inaction of public servants’ as central to the should be reversed, in other words people Why do we need a Lokpal? To have an agency demand transparency and accountability of lack of performance. should participate in the design of policy and that is both empowered and independent, public servants. This maintains the culture of legislation. and to remove the notion of “sanctions by the fear, which needs to be broken. C.K. Mathew government”. Protecting those who blow the In conclusion, Judicial accountability is a whistle on corruption and wrong-doing. An At the end of the day, there’s no political will Out of the 6000 civil servants appointed, there critical concern, as the judicial process is a important part of bureaucracy is encouraging towards accountability and transparency. is a need to focus on those individuals who final remedy against injustice, but has itself whistle- blowing, also from people within the There is absolute concentration of power in a actively work towards the betterment of people become a partial victim of the ills that assail system who know. In Delhi there has been few hands, arrogance of the majority, which without seeking rewards. We need a Citizen the body politic. Bureaucratic accountability

136 137 is a continual matter of concern and an Breakaway Session 4B: Digital Technology/ autam Bhan gave the issue for administrative reform. But the Demystifying Technology introductory guidelines for the increasing pressure is to make platforms Gspeakers: for people concerned to be informed , Rakesh Dubbudu, National Campaign for consulted and made part of the remedies to People’s Right to Information • Technology includes different themes, the dysfunctioning, non functioning and so speakers need to take a stand on what malfunctioning system. Rosamma Thomas, Journalist, Rajasthan technology means to all.

A question raised in the Lokpal debate was that Usha Ramanathan, Expert on Law and • What do we talk about when we talk about there is no complete remedy in a structure. Poverty, Fellow at the Centre for the Study of technology? What we need to supplement along with the Developing Societies demand for structural changes, is the process • What does technology have to do with of consultation in a democracy. For example Gautam Bhan, Indian Institute of Human participatory democracy? we could not have created a Lokpal to sit Settlements in judgement on all wings of government, • Think about technology as a language. How we need independent functioning but Anita Gurumurthy, Founding Member and do we read it, speak it, write it? transparent oversight, including citizens Executive Director of IT for Change rights. The Lokpal, Judicial Accountability and Rakesh spoke about technology from the Grievance Redressal law haven’t been passed Moderator: Nikhil Dey, Member of MKSS, perspective of the government. The capacity or implemented. Underlying the entire process NCPRI, and CJAR to handle technology in the government is and a non negotiable factor is transparency, a very low. The quality of work is sub-standard key to demanding all accountability. when it comes to government. These inherent weaknesses - Capability, (Data is not safe), Structural weakness, unpredictability -the government has launched various policies, completely out of the blue and not really in the interest of the masses, but stating it as “in the interest of the public”. With this kind of unpredictability, building solutions depending on technology to solve problems becomes difficult.

Now from the perspective of the people:

We need to figure out if technology is an enabler or a barrier. Unless we look at digital literacy, the whole question of digitization and technology will not make much sense. We say that government is incompetent and ask what kind of data should be maintained, where it should be maintained, why it should be maintained. There are no answers to these questions, and unless we get the answers, the whole issue of technology and digitization does not make much sense.

Question raised on the floor:

138 139 If the digital divide is the problem, are there Anita: commission to Paytm, a Chinese corporation. the form of a website. It will give us rich other modes that can be used to compile data It is far from visibility and tangibility. Who will information online and direct connectivity and that is more enabling? What does it means to be digital? For the keep a record of that? linkage with the citizen. “Digital inclusion” first time in this civilization the means and creates digital exclusion! Rosamma: construct of media and production have The starting point of demystification is to come together. The new expression is “Data know that the model we have for digital From demystification we are taking a cultural The speaker broadens digital technology into is the new oil”. Social media is defined as a technology is not the Modi model. It is not a shift. How long will it take to be digitized? all sorts of technology. place for social relationships also expands singular fact of compliance. Decentralization Digitization is more from the side of the the roots of constructive society. So it is and control to the local government will governance. It is one- sided. Social media is How laptops are distributed to students important to understand it as a social and decide our future. The myth is that the taking digitization from the perspective of highlights how technology is seen as a point a structural paradigm and not as tools and national elite, who want to be a part of the citizenship. of faith. Everyone starts to have faith that artefacts out there, which can be deployed. global elite, think that the digital technology technology is for betterment, but there is cannot be challenged. Governance of the Himanshu Damle: no study to check it. Is there any need for Imagine the network age as a global digital must include the architecture of data, continuation of this policy? Is this beneficial? condition, how it weaves together a social the information. How should a website work? It is going back to skilled craftsmanship. fabric of power and social exclusion. The How should data be stored? How should How I implement technology is up to me. Similarly the case of windmills was discussed. public sphere is not any more a multiplicity the grievance system work? How to make The problem with social movements is that Windmills were introduced in 2000 in the of public with the possibility of trans- people accountable? Who will be in charge we do require a technological up- gradation, desert parts of India. They survive on the local engagement in politics. On the of the data being uploaded and who can we the most robust, decentralization tool. The strength of subsidies rather than on much administrative end, there are significant consult, before changing the data or removing kind of politics in technology is on the lines power generation. It has impacted the changes. The state is losing its territorial something from the website. with liberal politics, which takes a shift from ecology of the local community. They have basis. This can mean different things in the left to the centre and to the extreme no electricity, no water and a high level of different contexts. One set of contexts Osama Manzar: right. Most of the technology that has been psychiatric ailments is also identified there. was explained by discussing the example provided to us has made us mere end- users. As the windmills go on through day and night of Spanish municipal movement in which In the last 15 to 20 years we are getting into The most relevant point of technique is that people cannot sleep and are disturbed as well. in 2015, two major Spanish parties lost a different medium rather than the written nobody seems to like to share his or skills. We No study shows that their location should three million votes to citizen platforms. medium. Everybody who thought they were are basically selling our ignorance without be such that they don’t disturb wildlife. They Another idea of changing geography in writing or reading are literate and educated knowing it. are located in the area of the Indian national governance is that a state that attempts to and those who did it better declared the other parkand where the great Indian bustard flies. centralize power, a state where the network illiterate and uneducated. Liberalization is the political philosophy, the It is destroying the natural habitat and has also is powerful, it releases forces which erode driver behind the technology that is enslaving affected tourism. Earlier foreign tourists used the fabric of democracy. Thus emerges Neo- People who can’t read or write but are subject us. Technologically we are living in dark times, to come and camp at night as desert skies are liberal authoritarianism. to those who can, even though the so- called it is just that we do not know it. very clear, with bright stars, nothing disturbs illiterate and uneducated know better, have the atmosphere. Because of technological Some contradictions and examples in the more knowledge, remember lots of data, but advancement (putting windmills there) it context of India: are oral. The poor and illiterate are subject to has changed everything and badly affected the digital world and. their entitlements are tourism. Now it has glowing lights like being • Facts like Aadhaar data base marks the subject to digitization. We have to see digital out in a disco in a desert. Traditional water architecture of governance in which bodies to be very inclusive where the illiterate can conservation techniques and culture are also are marked and watched, as it is made also be included. More adaptability of digital affected. available to multinational companies, in medium is the need. No one has to be literate violation of the law. to produce and consume content. So the question arises whether it is doing good or bad. Are windmills always beneficial? • Transactions are to be made cashless for Government has adapted technology in a the poor to make payments, but who will very selective manner. More administrative take the responsibility for cyber frauds? and less elective. The Elected government’s Each online transfer is a transfer of constituency should be available online in

140 141 Breakaway Session 4C: Fredrik Galtung (gave example of Uber): open relocation and resettlement of households During the intervention, it was learnt that Weapons of the Weak – Facilitation, consumer feedback is a revolution where the along roadsides and railway tracks. there was a conflict of roles and an overlapping Techniques and Methods for Accountability rating of the consumers affects the service Increase in resource base from Corporate of the functions of various government quality directly. The feedback is independent Social Responsibility initiatives for social community workers, such as the anganwadi Fredrick Galtung, Integrity Action, UK of the service provider and thus allows for development. CSR works with a sense of workers, Aasha, kudumbashree animators, autonomy. This positive feedback loop created accountability to the company, and not to forest mobilisers, SC/ST promoters. TISS Mashqura Fareedi, Amnesty International within a system needs to be transposed to beneficiaries. workers therefore provided clarity on the work for the weak. Can it be done by capturing specific roles of each cadre and also set the Inayat Sabhikhi, NCPRI the rate at which suggestions are made and In such contexts, the role of elected boundaries of each professional. recorded (if complaints are increasing - is representatives of people is depleted. Social, Mouleshri Vyas, Professor, Centre for this good or bad news, that more people are economic and political changes that fragment According to a recent list obtained from Community Organization and Development participating, or that more are negative) The communities therefore pose a challenge to government sources 1986, senior citizens are Practice, School of Social Work, TISS, Mumbai other indicator could be the rate at which mobilising and organising them, particularly eligible for pension, but are not receiving any. problems are resolved. in urban areas. People’s organisations/ The contractors and the middle men who are Abey George, TISS Kerala voluntary organisations may not find it in charge of the pension schemes, often take Mushqura Fareedi presented the work in simple to find a foothold to intervene. As the money from the system and fill their own Poornima Chikarmane, SNDT Women’s Majhi, where information on finances, not practitioners/researchers, we must respond purses. University at Pune; KagadKach Patra just of government schemes but from grants to these new situations, and find spaces to Kashtakari Panchayat of other institutions is shared with the intervene, rather than distancing ourselves Another case was the intervention of community. She also said that we don’t listen from them. With government as much as with Karimadam Colony’s slum where SC women Moderator: Prabhat Patnaik, Professor to rural citizens directly, but only when they all institutions accountability cannot only lie who have been running waste collection Emeritus, JNU, Delhi have been validated from a source that is within an internal structure or mechanism. centres for 20 years were suddenly denied familiar to us. The role of technology can be The NGO can organise grievance redressal, the right to practice their vocation. The empowering, from a perspective of public accountability. institutional delivery of services, in this case, turned out against the women and resulted Mouleshri Vyas spoke of the difficulties of Government organization may have moved in the genesis of conflict of interest between street sweepers to receive the benefits that out and the task shifted to NGOs but where is the state and the pursuit of a vocation by they are entitled to in their contracts. Policy the accountability of NGO’s? The contours are individual citizens. processes are long drawn out and it is not clear shifting and weapons for demanding justice who is responsible for what in terms of service have to continually address the structural Abey George said that while the earlier delivery from the government, the role of changes within and outside government. panellists have spoken with specific examples, elected representatives is also not clear. There there hasn’t been an attempt to theorise are also instances of projects breaking the Abey George: who works with Kerala Institute overall. He felt participatory forums can and solidarities between communities depending of Local Government (KILA) in TISS Kerala, is are used for rival groups to undercut each on who managed to access benefits and who on deputation with the Field Action project for other and for the “voice of the tribals” to be didn’t. Certain broad changes that have a community organization TISS. appropriated. We have inherited the culture bearing on these aspects of accountability. of “divide and rule” which is reflected in the Privatisation of services is shifting focus According to the speaker, the progress rates functioning of field functionaries. There to non-government entities. Project based and figures presented in the documents and are over 600 community members who are development; large projects such as for urban reports pertaining to Kerala, do not reveal empowered and trained to work for people, infrastructure development that bring in the ground realities. He used the example of instead they get politicised and quarrel with multiple organisations to perform various how infant mortality rate is disguised and the each other. Too many field functionaries roles. For those directly affected by such numbers get lost in the process of development complicate rather than enhance access. projects, it is difficult to identify who is in the state of Kerala. responsible for what component of the project. Poornima Chhikarmane who teaches at SNDT For example the initial phase of infrastructure Three Panchayats covering 172 tribal hamlets, Womens University at Pune, and works with projects in Mumbai that resulted in large scale were covered by the TISS action project. Kagad Kach Patra Kashtakari looked at the

142 143 concept of urbanisation and cleaning the Prabhat Patnaik in summarising the Breakaway Session 4D: n international rankings the Indian RTI city and how it directly impacts the lives of discussion as the moderator said democracy Looking Back on 10 Years of RTI in India Act is considered one of the stronger and the poor. Her organisation which works with has always been in threat for the marginalised Ibetter used legislations for openness and waste pickers collective (who provide the but now it is also in peril for those who aren’t Pradeep Kumar Pradhan, NCPRI, transparency. One indication of its strength service) has a tripartite agreement with the marginalised. The state can be extremely is the repeated attempts at diluting the law by municipal corporation (who pay the workers responsive at a local level even if it becomes Kamal Tank, RTI Manch, different branches of the government. Apart benefits) and the residents (who pay for the more autocratic at a central level. Such from tinkering with the mechanizations of services). This has been arrived at as a practical contradictions must be used if democracy has Joykumar, NCPRI, providing information - another tactic to solution based on experiences. Although to be made to work. frustrate the RTI is benign neglect. accountability among bureaucrats is fixed, Shaikh Ghulam Rasool, NCPRI, their accountability towards people is missing. In the discussions that followed Kathyayani Participants also discussed the attempt by The Bhagwati judgment has said that if anyone said that there are enough systems of Balvinder Singh, NCPRI, Parliament to weaken the RTI Act, to keep is carrying out the function of the state, then accountability that exist within government political parties outside its purview. As it is a public body (thus linking definition but they need to be activated. The test for Pankti Jog, MahitiAdhikar Gujarat Patel, citizens, participants viewed themselves as with the purpose of the body). Then the PPP democracy is how the weakest view its beneficiaries of politics, and therefore, take a model is also obligated and thus there is scope functioning, and the more “strong” must Anjali Bhardwaj, NCPRI, stand to keep politics on their side. But how to hold quasi-public bodies accountable as then engage with “powerful”. Jyothi, Faculty do we do it? While the pre-legislative process well. The bureaucratic system will not defacto member at TISS Mumbai, cited the weakness Anil Galgali, RTI Activist, Maharashtra, is one way to influence the distribution of implement laws but take their cue from the in implementation and the implicit strength of power in favour of ordinary citizens, these political systems. This will only happen if there the weak lies in protest. Moderator: Shailesh Gandhi, Former processes lack the proper institutional is internal democracy within political parties. Information Commissioner, CIC. channel to be used on an ongoing basis Weapons of the weak are non violent protest by citizens. In India, the pre-legislative Inayat Sabhikhi spoke of the Bihar Lok and peaceful agitation , when all else fails processes exists in the form of political Shikayat Nivaran Guarantee law which is a there is armed conflict. The right to do so is parties. One of the functions of political promising legal mechanism for grievance enshrined in the constitutional guarantees. parties is to mobilise public opinion and to redressal. It is a near universal law wherein consolidate it, so that it can be represented complaints can be filed against all the in the state parliament. But political parties departments of the state government. do not do so. Members of parliament and Facilitation centres have also been set up to state legislative assemblies are supposed to assist people in filing complaints, which are tell their constituents about upcoming issues then digitised and need to be responded to, to be discussed in the parliament and the in a time bound manner. Public Grievance assemblies, respectively. But the truth is that Redressal Officers have quasi- judicial powers the elected representatives are themselves for hearings, summoning and so on. The take unaware of the order of business in the away is to have active facilitation of citizen legislative bodies. But lack of awareness alone grievances till it is resolved in a time bound is not the reason why elected representatives manner. In parallel, citizens in Jharkhand have don’t share information about programs and been helping each other access MGNREGA policies, often the discharge of their public entitlements through “sahaytakendras” set up functions is influenced by the campaign at the block level. This concept has emerged donors. Thus, transparency within the organically and is possible because of the political parties is of the utmost importance. rights based framework that the employment Political parties since 2009, have resisted guarantee provides. putting their parties under the purview of the RTI. They must not be allowed to say “We are not under the RTI, we don’t have to respond to that.”

144 145 According to one national RTI assessment last upload from public authorities being 3 their card would be taken away if they filed a Challenges faced begin with backlash from study, close to 67 % of the information years ago. complaint. the government itself by trying to make sought under the RTI law should be made amendments to weaken the Act. The gender available proactively by officials under their Among other issues that have been addressed Shaikh ended his talk with calling out to people issue of only 8% women filing RTIs was also Section 4 obligations. Unlike the first round through the RTI one is exposing corrupt to come to Kashmir and to support and see discussed. of amendments which were visible, the practices such as illegal mining. This is now the dire situation themselves. RTI which is Information Commissioners at the Kerala a case that is still pending in the high court. an advocacy of human rights is difficult to The function of the Chief Information workshop warned of a pernicious’ and Another flaw in the system is the online implement in a place where there is not even Commissioner is to be the protector of law. So ongoing attack on RTI’ from the judiciary submission of an RTI appeal which upon a guarantee of right to life. He then gave a if information is denied, the Commissioner is and other constitutional bodies. Since completion asks to print out the form and moving example of a girl who when asked what to fight on behalf of the petitioner. The issue its enactment in 2005, the Indian judicial submit a hard copy. she wants as compensation, and who said “I of pendencies was also discussed where there establishment has tried to dilute the want a place where I don’t see my brother being is a large number of cases that are still to be applicability of RTI to courts and the judicial Kamal Tank’s main theme in his tortured, where I can walk around without addressed. For example, in Assam, only five system. In contrast to proactive judicial presentation was about the need for complete being stopped to check for ID card every few grievances are addressed per year. This delays pronouncement of the 1970’s on expanding the transparency in departments, officers and meters, where I’m not surrounded by khakhi- justice and there are cases of pensioners who citizen’s right to know, since 2006 the courts anyone who comes under the RTI regime. clad men with guns, where I won’t get hit by die before they receive a verdict. have tried to insulate themselves from the RTI People are using the RTI as a method of batons and a place I don’t live in fear of arrest.” – through exorbitant application fees. In 2009, grievance redressal of sectoral issues. But Other cases have happened where people have the Supreme Court rejected an RTI request on a temporary change in one department Balvinder Singh talked about the issue of filed an RTI and they are made to wait for how many judges had declared their assets, is not enough, there must be complete non- appointment as there is a dearth in the three years only to find that the information and set a rather incredulous precedent by transformation through transparency. number of staff who are appointed to address was denied. In most cases there are no violating basic principles of natural justice, grievances. The matter of a percentage of concrete reasons given for denial. nobody can be a judge in his own case – by Joy gave an introduction to Manipur and only 8% women filing RTI reports was also staying the lower court’s decisions, in a writ talked about the differences in people living highlighted. In a study in MP it was revealed Anil Galgali focused on looking at things petition before itself. in the hills and those in the valley. The valley that it takes up to 16 years to get the application in a positive light. Issues must be faced in has mainly Hindus and Muslims, while the filed and processed. a dignified manner and not that of crass Pradeep talked about some key issues that hills have a majority of Christians. A case protests.RTI is always seen as a tool to reveal hindered the smooth implementation of the regarding the issue of corruption was raised Pankti Jog stated how through the RTI people the negative issues but instead it could be used RTI Act in Orissa. The first one was an eleven- against the hill- side governors. However the who didn’t talk before are now voicing their to highlight some positive factors. The fear point form that is unique to Orissa that needs case has been pending and there has been no grievances. This can be seen in the plight of of RTI that people have in their minds must to be filled. It is a very impractical form to be progress seen due to the presence of corrupt commercial sex workers who are now filing change. Work must be done towards how best filled and failure to comply would result in officials in the Redresssal Committee itself. complaints on issues faced. She highlighted to implement the law based on the information rejection of the application through RTI. Proof To many of the RTIs filed the reply is that the need of a system that is hassle- free, where received. Use of social media such as twitter, of citizenship is also a requirement where a information is unavailable. the application can be done in a simple manner facebook and blogs are also channels of protest separate certificate must be produced. This and the information received too will be in an and awareness. issue has been contested by many activists. Shaikh said that Jammu and Kashmir has had understandable format which can be easily many difficulties in its RTI regime. They were interpreted. A challenge is posed when fake A special session: BPL card holders are not required to pay a fee accused of weakening of Article 470 because data is given. It kills transparency. but in Orissa it was the norm. This issue was of the RTI. There are no Commissioners In Montreal, Trump’s advent into politics taken to court and after 10 years it was made at present in Kashmir. Nobody is being Anjali said that RTI has empowered the interrupted the discussion and proceedings, free for people in BPL in Orissa. However there appointed to address the grievances and common people with information, but people raising the crisis in practice. In Kerala it were other rules such as compulsory court give information for the RTIs filed. There ask what can be done with this information took the form of an announcement through fee, which could only be paid by cash. Now it is a rule in Jammu that the complaints will when they still continue to face issues relating the news of another diktat of the US allows the fee to be paid through cash, money be accepted only if they are done on green to ration, pension and wages. Implementation government i.e. “Executive Order 13769”, order or chalan. Orissa has had an 8–year- long paper or submitted online. BPL people who is the key to tackling this problem where the titled as Protecting the Nation from Foreign campaign for the disclosure of Section 4. But file an RTI were asked to show verification of data received is used to later fight for their Terrorist Entry into the United States, there are no updates on the websites with the their BPL status. Many faced threats saying rights. commonly known as the Muslim ban or

146 147 the travel ban.1 The 30th of January brought Ira’s poem/story Hung, baba - they said - for killing too much. The swell of intolerance has come as a shock news from Canada: “The Quebec City mosque And so I shed your name to many. There was an assumption till the shooting was a mass shooting that occurred Baba, yeh ache din kab aiyenge early 90s, that India would continue to live on the evening of January 29, 2017, at (Father, when will the good days come?) I cannot tell them, look in comparative harmony, the memories of the Islamic Cultural Centre of Quebec City. Ira Anjali Anwar My grandfather spent his nostalgia in jail a blood- drenched partition (of India and “Six people have been killed and 18 wounded Pakistan), and the assassination of Gandhi after a gunman opened fire at a mosque Often, perched on impossible thoughts amidst Fighting for this freedom to live without blame; by a Hindu extremist, would be a deterrent. in Québec City, in an act condemned as a unflinching nights It must’ve been a lie baba- The Nehruvian era did much to allay the fears “terrorist attack”. More than 50 people were at I (try) and weigh these advertised crimes of Islam of minority communities. Ira’s poem brings the Québec City Islamic cultural centre, also It must’ve been our mistake in contemporary India and looks at the bleak known as the Grande Mosquée de Québec, for Against my name For all those voices ripped future, with irony and pathos. evening prayers on Sunday when shooting (You see) there is always this shame From hungry throats, all 277 killed in Bombay erupted in the two-storey building. CK Matthew commented that the poem of the blood running through his veins Bodies burnt like cigarettes in our fanatical game expresses her views and feelings that goes In an emotionally charged and politically As he delivered his boyhood soul So I hide you in the folds of my mind; your beyond borders. concerned atmosphere, Ira Anjali Anwar, To take up arms instead, to rip and behead, they say Aruna’s research assistant, was invited, Tired eyes reciting Iqbal and Faiz to share her evocative poem on her mixed Look, his oil soaked hand, he must’ve been born I cannot listen anymore baba parentage and a comment on discrimination. a terror. (This Urdu is my poison, I must lay you to rest) Ira reflects on some of India’s contradictions So when you ask me who I am; and angst in her poem with her full name – Anwar – she cannot live without being I cannot lose myself in the paradoxes of identity and And the women and men; discriminated against. wonder how one ever knows such things Instead Gujarat baba, butchered and torn from their Muslim children’s embrace I offer you that half of me yet untainted Righteously deserving – that too must’ve been our By my woeful Allah mistake – Dissolve into the poster child for a Western Hindu We cannot blame that man, democracy. Our national God with his 56-inch chest; (Only) Ira Anjali With their blood he coloured justice, baba As Baba hangs like a phantom limb, his legacy Developing dams like our borders, Buried in the graveyard of shamed memories. He asked for their name. Abba jaan, my gently aging old man From me, today, he just takes yours. You held my hopeless palm When I could hardly stand Now I only stumble- Surrendering you name. 1 Unless blocked by various courts, it was in effect from 27 January 2017, until 16 March 2017, when it was superseded by Executive Order 13780. Executive Order 13769 lowered the number of refugees to be admitted into the United States in 2017 to 50,000, suspended the In our country of borders (arbitrarily set in that U.S. Refugee Admissions Program (USRAP) for 120 days, suspended the entry of Syrian refugees indefinitely, directed some cabinet invisible stone secretariesto suspend entry of those whose countries do not meet adjudication standards under U.S. Immigration law for 90 days, and That held the forgotten blood of our history), all of included exceptions on a case-by-case basis. Homeland Security lists your men these countries as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

148 149 Plenary 5: yed Ikram Ali said that after 2001, things (lost in the thoughts) in Bangla. She said, that criteria. He saw limitations there. Individuals Perspectives of Asian and other South have changed. Though the common power of Ira’s poem, had moved her. have no choice, they are limited within Asian countries on participatory Sperson continues to suffer, there are the choice of political party. Due to non- opportunities to develop as well. Democracy Reflecting on the complementing theory and participation in election, mere talking about democracy in Afghanistan has a problem in that is not practice, how they impact each other, she said change will not do. Culture and behaviour owned by people, as they feel it is an imported the challenge is to empower people and make matter. When it comes to implementation, it Sayed Ikram Afzali (Afghanistan): Executive form of governance. Democracy should come them aware of exercising their democratic is poor. The service providers lack attitude and Director of Integrity Watch &Chairman from the roots of the people. Western concepts rights as citizens. How we can take our work behaviour with high integrity. There is need of the Oversight Commission on Access to are imposed on people trying to change their forward? Participatory democracy needs to be to build and develop integrity of the service Information culture, and their way of life. Vernacular words brought into the system. The importance of providers. This is very important. Building are used instead of the word democracy, as regional solidarity plays a role in all the issues integrity within ourselves - this is the great Shaheen Anam (Bangladesh) Manosher Janno people relate to them better. Western concepts we have been facing. We need to establish challenge, but possible. played a key role in the enactment of the Right and language bring back resistance to foreign closer bonds across borders, across regions to Information Act, Domestic, Violence Act ideas. To adapt to local culture,we must use the to learn, teach, experience and engage. There Rechie Tugawin (Phillipines) recalled that and the review of labour law local language. is need for a better life for all- not a part of it was 31 years since democracy was brought the euphoria of becoming a middle income back to the Philippines. Since then, the only Tarak Bahadur K.C. (Nepal) is a civil servant Afghanistan tried to unpack democracy in country, which is going to leave behind a huge change is that of leaders, and nothing else. of Nepal in 1980. He has been working at the its own way and tried to make democracy number of marginalised people. Democracy has been hegemonised by the elite NASC (Nepal Administrative Staff College) work for people. By trying to understand and that is the very thing that needs to be since its inception in 1982 daily problems and fixing their daily lives, to Bhutan – ChekuDorji from one of the youngest changed. It is a very liberal economy, and the enable them to be agents of change in their democracies said that democracy is all about political leaders are from ancestral dynasties. Rechie Tugawin (Phillipines) represented own way, not only by complaining about the voting. The trust that they have in government Economic power is concentrated in the hands G-Watch system and doing nothing about it. This means is remarkable. Bhutan is a very small country, of the few. Philippines has enjoyed economic we have to be with the people and work from not even 1 million people in the country, with growth in the past seven years. The rich are Moderator: John Harriss, Professor, Simon within to solve their problems. We need to find 20 districts, 205 blocks. Everything is given getting richer still, with an expanding middle Fraser University, Vancouver, Canada roots and traditions in our own culture that free by the government - education, health class, but people still want more. For each would promote values of democracy, not just service. Bhutan has a total of 47 CSOs, and electoral campaign, the cost has been billions. bringing in a western concept and forcing it the government is suspicious about CSO. down the throats of our people. Afghanistan There seems to be a general impression that In the latest survey, 86% are very satisfied in learnt it the hard way. if there is no CSO, there is no problem. The terms of how democracy is working and 62% Government recently recognized 20 CSOs will always speak for democracy. How do we One of the problems faced was access to and they received medals from the king. communicate with rest of the people, and information and lack of information. Tried Democracy, has evolved new standards in appreciate the spirit of true democracy? How to learn from India and adapted the access to Bhutan, like gross national happiness, Guided in fact can we breakdown power structures, information law, fought for it for 5 to 6 years by these principles, indicators of principles and bring about change in the system without and got the law, although it is not as strong have been defined. Education does not mean having to wait for the next 6 years? as people wanted it to be. There have been no fancy certificates from colleges but etiquette or complaints/demands filed in the access to Sanskar to have, to be responsible citizens and John Harriss (United Kingdom) said that information law. People still don’t believe that take decisions. For democracy, culture, ethics, the UK as the benighted kingdom of Great the law would work and that the mechanism values, and traditions are very important. Not Britain and Northern Ireland has the most would respond. A lot of work needs to be done only growth rate, but also other factors like shockingly illiberal govt. And there is a crisis of in this aspect. Gross National Happiness (GNH) should be democracy. There has been an increase of hate given value. crimes and social crises. There are perhaps Bangladesh: Shaheen Anam began with an silver linings, as there are in the US. Political acknowledgment of the enormous amount It is also important to see who is allowed trends have encouraged people to become of cross sectional learning this workshop to participate and how they are allowed to politically involved. There are ways of being had promoted. She called it “mannomaddho” participate. He questioned the eligibility political: letters to MPs and signing petitions,

150 151 virtual political participation. 38%, note some • Karvai: Recorded proceedings with dated Plenary 6: he final plenary began with Amitabh assault on the health services in the UK. receipts of hearings. Within a specified time Valedictory Session Mukhopadhyay – former Accountant period, with a speaking order - If yes, by TGeneral, read out the message from In Montreal and in Kerala, in the last three when? If not, why not? Sridhar Acharyalu, Information Comptroller and Auditor General (CAG) of days, we have heard a tremendous demand for Commissioner, CIC, India, who could not come to the workshop. participatory democracy. What is inspiring • Bhagidari: Participation (in front of the is that the experience of the struggles in complainant and participation is important in Shailesh Gandhi, former Information In his message, he said that the issue of India for the RTI which are associated with investigations which usually occur in closed Commissioner, CIC equitable participation must be addressed it, are in some ways an inspiration of how to government spaces and the CAG plays an important role in go about supplying the demand. There has Prabhat Patnaik, Professor Emeritus of promoting transparency and accountability. been a tremendous wave of protest over the • Jawabdehi: Accountability Economics, Jawaharlal Nehru University CAG reports are sent to the Legislative last 4 to 5 years over the world: protests in Assembly and Parliament, which forms the Greece (stopped with a murder) the campaign • Suraksha: Protection must be given to WajahatHabibullah, First Chief Information basis for discussions and holding the executive in Spain, the protest in Brazil, protests in complainant. Commissioner of India and Former Chairman, accountable. There are several measures Turkey in 2013, the Occupy Movements - National Commission of Minorities to promote people’s participation, raising beginning with Wall Street. There have been Apart from a citizens’ charter, there must be a awareness about audit to special issues which differences in the nature of protests, but job chart of a public professional. There must Thomas Isaac, Minister of Finance, Govt. of influence citizens’ rights. running through them all, is a rejection of be a Janta (people’s) Information System (JIS), Kerala politics as usual and of the political elite, and rather than just management information Audit reports give citizens evidence-based, a desire for participation in decision making. system (MIS). The Pre- legislative process of Vote of thanks: Sonia Lazlo, ISID, McGill objective assessment of the govt. to evaluate There is mistrust of the political elite, posing consultation is necessary for parliamentary University its functioning. They have empowered people tremendous challenges. There is a very wide accountability. Helping of marginalized to participate in the democratic process and range of politics, but perhaps there is a groups by individual agencies is essential. Way Forward: Aruna Roy, Member MKSS, audit plans are concentrated on citizen- common demand for participatory politics. Social audit should cover all aspects of the NCPRI centric services, equity and justice. The direct Government and finally every citizen’s participation of the people in the governance What is happening in these very difficult times complaint must be given an acknowledgement. process has been ensured with the active and the possibilities we have seen in these If an answer is not given on time or given in an support of activists and NGOs. At the field three days are an inspiration to us about how unsatisfactory manner, it should be followed level, social audit has not taken root in most we may set out to address our problems. by compensation. of the States. Participation, transparency and accountability are the three pillars of Nikhil Dey presented the Accountability Bill democracy. prepared by the Suchna Evam Rozgar Abhiyan (the information and Employment Campaign), The valedictory session began with the release Rajasthan. In brief the Accountability Bill of Shailesh Gandhi’s book on RTI called ‘RTI looks at the accountability of parliament, Act’. bureaucracy, civil society and the judiciary. It can be viewed from two perspectives. One Prabhat Patnaik, Professor of Economics and is based on experiences of the people. To currently Professor Emeritus at the Jawahar quote a group of Dalit students’ definition of Lal Nehru University, Delhi (JNU), one of the accountability and its non- negotiable: the Architects of Kerala’s Peoples Plan, said that government must guarantee aspects important to deepen democracy go beyond existence of laws. It requires, people’s • Suchna: Transparency : empowerment, a degree of people’s inclusion in struggles for better lifestyle and, degree to • Sunwai: Platforms for Hearing (about the which they are informed about their struggle facts revealed by the use of transparency) and the extent to which the people are informed about their rights.

152 153 Implementation should not rely on Chief Minister, Kerala’s written message: A new mission called Life, a house for Shailesh Gandhi, former Information benevolent individuals but on the will everyone, including all landless first and Commissioner, CIC of the people. It is important to include “My privilege to greet you all, leading then the others, Health mission converting subjects of the process, through struggles. activists from around our country. Let me PHCs into Family Health Centres, 100 The democracy I was taught,’ by, of and for the The 1931 Karachi Congress session – adult take this opportunity to offer my thanks. government schools will be upgraded. people’ is not enough: participatory democracy franchise was assured for free India. This Our government believes that good Organic agriculture is being implemented is required, but democracy is not adequate was achieved through struggle. Democratic governance calls for people’s participation through massive participatory programmes. by itself. What is participatory democracy? decentralization – reduces the distance in all aspects of governance. We realize Through social audit, service delivery will What is the legitimacy of these movements? between the leaders and the people. The a government becomes relevant to the be ensured. There are no other acceptable Better to define democracy in terms of the vision of decentralization amongst people people it governs, only when it makes alternatives. This time we are focusing respect it gives to individuals. Just elections is what makes the system work. If people positive contribution in the day to day on the specifics of doing participatory do not define a democracy, by for and of in are disintegrated and approach the Gram lives of its citizens. A government becomes implementation, focusing on strengthening Kerala, the right to information is not one of its Sabha as mere recipients of benefits rather dependable only when people realize governance. Voluntary experts are required strong points. It does not perform better than than subjects of the process. decentralization that they will not falter on any promise for the technical core, people willing to help Maharashtra, for instance. Sovereignty and its will not work. Also if a community is not made. Our determination to fulfil every villages. None of the volunteers are left now. exercise is participatory democracy. Response egalitarian and there is a power structure, it promise made is evident in our actions till Bringing them back remains a challenge. is a minimum in a democratic governance in is more difficult to break this consolidation. date: welfare pensions, women’s security, India. Without respect for every human being Ambedkar was against decentralization catering to the needs of the oppressed Our next agenda is a difficult one. It has we cannot talk of democracy. Lokshahi is because he felt that the caste system would and marginalized, strengthening public to deal with the most dis-enfranchised frustrated, humiliated and angry when face to get consolidated. sector units, implementing debt relief groups, of which 90% would be tribals in face with governments. RTI empowers every measures, providing comprehensive Kudumbashree. We have done a lot of individual. Inclusive movements are undermined assistance to Endocil victims, protecting the work for the excluded which takes care because of the neo- liberal dispensation, environment, developing public education of the bottom 1.5%. We are planning self- There is stagnation at the moment but the within which we function. The implications and housing and so on.” help groups of the aged. A kind of a social potential and promise are still there. The of such dispensation are – economic stress coming together of senior citizens. People RTI cannot become like the consumer act. caused by globalization. Wages in advanced S.M. Vijayanand, Chief Secretary of with disabilities are also going to be looked Statement: terrorists must not be allowed to country vs. wages in developing countries, Kerala, said that the critical last mile is after. obstruct national development implementation, dissemination of peasant agriculture and still to be traversed – eg Attapady and peace tranquillity and harmony and must not petty production; for example, if every Wyanad. Specifics of doing participatory Most of the programmes are revitalised and be oppressive or intimidate officials trying traditional fisherman in Kerala were paid implementation are important Development some remain fresh. We are embarrassed to do their duty. SC has denied the RTI and the minimum wage, the sector would be is a function of governance. The 4th Finance that we do not operate social audits in we have kept quiet. No uproar, we stopped in deficit. Job growth is not fast enough Commission of Kerala had one chapter this state in our country, although we are the government from amendments twice. as compared to the growing level of the to include a chapter on accountability, committed on mandated disclosures and But now the courts and commissions are workforce. Massive increase in inequality approved by the previous Governor. expanding the service delivery act. amending the law, amending it in a far more – Top 1% owns 50% of the country’s wealth – critical manner: the law will not exist. I urge this is a threat to democracy. Kudumbashree – has included the excluded - The government has agreed to the you, that for participatory democracy, to be the bottom 5 % revival – up to the last self- legislation for development programs for real… we must look at interpretations of the Closure of politics – what this economic help group of aged people coming together. Kerala based on the Grievance Redressal, law and hold Commissions accountable. What paradigm threatens is the steady People with disabilities need universal to reach out to the least powerful people. is the legitimacy of these movements? We undermining of the politics of democracy. access and palliative care. The PWD minister For our participatory exercise, we can believe we derive legitimacy from our beliefs. Any political formation with an alternative announced social auditing and mandatory facilitate teams of persons, who would like Just elections do not constitute democracy. agenda which de-links itself from disclosures as necessary for his department. to help out. Sovereignty of the individual is the key for globalization becomes financially insolvent. Service delivery must be accompanied democracy. People don’t believe they’ll be able People do not have the choice when it comes by accountability. He said that legislation The discussions of these three days has been to get response from the government, which is to basic materialistic conditions of life. supports SC/ ST development programme fruitful, in coming together we have looked why they have stopped waiting for responses Inclusive mass movements are difficult to for total inclusion – about 20% of the at making participatory democracy work; and started using undemocratic means to get sustain. There is atomization of the people. population. we will continue to look at participation. their work done.

154 155 Wajahat Habibullah, First Chief become an active part of the democracy. When and the Bar Council is not consistent with protection against reprisal. RTI has given Information Commissioner of India and women stand up for themselves, they win and their profession. Diluting standards of legal us legitimacy to question. J&K removed Former Chairman, National Commission are greatly empowered. education must be monitored by the Bar a firing range, managed to create small of Minorities said that Globalisation and Council of India. Questioning of the condition spaces in the most difficult situations. participatory democracy as defined by NGOs too can play a role. The constitutional in jails: One educated person was jailed Prabhat Patnaik, could be perhaps be structure of the Gram Sabha empowers because he could not pay the fine. There were Babu Mathew: NLS Bangalore addressed by mitigating legislations and individual voices. The person at the village 36 RTI applications from the jail about the circumstances like the MGNREGA. It does understands their power and authority, implementation of the Jail Manual. Exhausting Upendra Baxi’s fascinating statement that not exclude India from being pushed towards they ask good questions which are far more all the options, it was seen that Tihar Jail had the constitution of India is a footnote to more extremist stances. What is the role intelligent than those of the members of the no mechanism for compensation, except the Preamble of India. The Preamble is of participatory democracy in the larger Assembly. “this conference has been a place we through the courts. Redressal requires rational a unique document as unique as the UN context? can master the art of antithesis to the growing explanations and mechanisms. We seem to declaration of civil and political rights thesis of globalisation.” fight our own institutions. along with cultural and eco- social rights. From Plato’s elitist democracy to Abraham The Preamble to the Indian constitution Lincoln, and his definition “for the people, by Sridhar Acharyulu, Information Citing the last critical example of power does likewise. Ambedkar speaks of the the people, of the people” democracy has been Commissioner, CIC influencing rulings and judgements he strength of the Constitution. Baxi refers to defined by people in many ways. We have compared two applications which revealed that the unique transformatory potential and an opportunity to take it further to define The theory is the rule of law and practice in the electoral affidavit relating to education compares it with South Africa’s struggle participatory democracy. India’s notion of is what we have been discussing the last incorrect statements were made about against apartheid. Brazilian – struggle participation is people’s participation in three days. In participation, the authorities degrees. In a Manipur casein 2016, a legislator against military. India, the long struggle governance. are afraid of questions. RTI has provided who claimed to have an MBA was challenged for Independence. They who have done the reality and is a tool for achieving other by the opponent, and it was found that he nothing for the struggle for independence, The concept of having Panchayat Raj as guaranteed rights. Therefore the practice is to did not have the degree. His election was their values are not part of it. part of the Constitution was put forth by deny RTI and thus to deny all rights. invalidated. The SC upheld HC order, declared Mahatma Gandhi. This however was strongly the election invalid and ordered re-election, It is an inclusive constitution - Nehru, opposed by Ambedkar, who feared that Maybe there are still some confusions - RTI is The principle of the education degree of a Ambedkar and Gandhi did not share the discrimination would be at its worst in a the distribution of sovereignty guaranteed by public servant is important. Why are we not same opinion. Nehru and Ambedkar were small traditional society. Rajiv Gandhi, passed the Constitution, citizens are not subjects. The disclosing the same information elsewhere? Fabian socialists. Ambedkar said that all the 73rd amendment to realise some of its State’s response to requests is a serious issue The Lt Governor disclosed information in 19 land should be nationalized. Gandhi’s potential. People’s participation in democracy of democratic rights, one simple question does cases but not in the 20th. He claimed he was not focus was on the village community. Nehru increased from before when it was limited not need 30 days to answer. a public authority! There are double standards. wanted land reforms and allowed private to just voting. The Gram Sabha becomes the The HC upheld another university degree ownership. Yet they all worked together. legislature of the village and it functions as an Constitutional authorities dealing with related information order released. Delhi This is something to remember. Ambedkar’s authority of self- governance. The gram sabha disclosure mechanisms are met with stone University did not disclose the information, contribution was extraordinary. He was a was seen as enabling participation in the walling. Take for instance the case of Judges’ but Gujarat disclosed it, as per the order. He member not because of reservation, but as process of governance, but gram sabhas meet assets. How many have given it? When the files a writ petition and the Additional Solicitor one of the most qualified members, having seldom and often sarpanches exercise full CIC directs disclosure, SC goes against CIC General goes to appraise the judges.1 studied in LSE, Columbia and bringing his control over decision making. These are some divisional bench Judgement in the Delhi learning to the constituent assembly of the consequences of corruption. High Court. And the Supreme Court goes to Aruna Roy said that fear is an enemy of itself in appeal! There is strong reaction from participatory democracy. In J&K, and in Every article was thoroughly debated. The concept of the gram sabha is the final authorities who were never questioned, and Manipur the RTI has helped people living Ambedkar resolved arguments and conflicts congruence to Right to Information and who are now being questioned under the pall of the AFSPA to question and carried the day and brought in the this is filler for the gap that is not being government, it has been very often a social transformatory dimension into the talked about. The Gram Sabha gives voice All power centres have to be questioned. constitution. Prabhat Patnail talked of and weightage – or should - to the ignored Lawyers are powerful. Who will question exclusion through development and neo- minorities in society. Women are encouraged them? Bar Councils are also not transparent. 1 The application requesting to access the MA certificate of liberalism. Every excluded group in India Narendra Modi PM is under reference. It was not disclosed to speak out and voice their opinions and Questioning the misconduct of advocates and the Information Commissioner who passed the order was – dalits, tribals, muslims and other sections transferred to another desk.

156 157 of backward classes must be included. There conversation with everyone. Communicate our ideas will find free expression and more What are our challenges? What are the is special provisions for each one of these with us as well. Participatory democracy needs liberty. In India and now in USA, political choices we can make? We have had five days groups in the constitution. It is an inclusive more and more participants. Try to share rhetoric has managed to confuse people- where of excellent deliberation, in Montreal and in transformatory document. the tangible and intangible results of this rhetoric belies both intent and action, capped Thiruvanathapuram. To some extent action is workshop with us.” by evoking prejudice, hatred and dislike. the way forward, to enable build a new theory The political economy of law: on the one hand People are caught in a predicament, when a to combat injustice and inequality. followed western liberal democracy with civil She concluded with a vote of thanks to the democratically elected representative turns and political rights. French, American and Chief Secretary, to the Finance Minister, to dictator, using the mechanics of a market We must ask for constitutional values in Russian revolutions\were brought into the TISS and Dr. S. Parasuraman, to IMG. Thanks economy- advertisement, buying opinion, reality. One simple thing that the RTI has chapter on fundamental rights. Since 1991 and to all the volunteers and especially to MKSS, allowing the power elite to influence policy with taught us is that we must speak truth to neo–liberalism, constitutional scholarship Shankar Singh and ArunaRoy. Hoping to be money, manipulating social media and finally power and make truth powerful. We must is now talking of new constitutionalism, back soon. devastating and undermining the spirit of speak, write, sing or dance. We must express ridiculing old constitutionalism. Washington democracy- equality, fraternity and liberty; the ourselves , the most vital thing we have to consensus, World bank, WTO, IMF and the Aruna Roy said that the get together to universal values we thought were enshrined in protect is the right to freedom of expression, USA put together want should be done. “Unpack Participatory Democracy” has been every fibre of democratic intent, if not action. the right to protest, dissent, disagree with an a very rich experience. The three days in opinion on literature, politics, whether it is That is not what the constitution of India Thiruvanathapuram have brought together In the Indian election in 2014 and the US cultural expression of Jellikattu, or a Perumal wants. The directive principles of state policy not only theory and practice, action and election in 2016, the concerns were about Murugan, the political critique of Nandini guide us. Neo-constitutionalism is based on reflection, but interwoven into the debate, the democracy itself. The leaders win elections but Sundar, Bela Bhatia, Teesta Setalwad or Indira neo- liberalism. The Constitution depends varied concerns for Asia, South Asia, and the they are not national leaders. This is true of Jai Singh. Article 19 is the source of freedom upon what the judges say and why are world. Ideas have been expressed over a range Philippines and of Hungary. and the RTI, the Constitution and its values they under new pressure? Judges interpret of issues, and there has been questioning of must be protected. the constitution of India. The judiciary is complacency, in word, language, thought We have to rethink many things including the compromised and the SC will be even more and a political critique. The populist world more fundamental changes fast depleting the The enemies of democracy will first plant fear compromised. Judicial review is the basic view pushes emerging polarity, leaving little earth. Climate change is no longer a science in every individual, through the state and structure of the constitution. Amendments space for expression of nuanced differences. fiction story, it is tsunami, tangible, real, social groupings they can control. We have to are possible, and they are preparing grounds People do not live in polarities, but in the areas devastating and could lead to the destruction. fight this fear. If fear rules India, there is no to make India a Hindu Rashtra. What between. The debate is unquestioned by vested The infiltration of legal systems, set up to freedom in political choice, the external fear are our priorities? RTI was popular in an interests - the powerful ruling elite. Some protect our rights, frightens us. We sang, and our internal hesitation or fear of public unprecedented manner. No other legislation is dissent, disagree and differ, protesting that “Hum log kanoon se darte na honge yahan”, action. These theoretical discussions should so widely known or used. The same expertise manufacturing black and white , irreconcilable is a hope that we cling to. When the law lets give us the clarity to go ahead with public is needed to popularize the Constitution polarities damage the spirit and ethics of us down and fear starts operating to destroy action. Public action is a dialectic relationship of India. There will be attacks against the democratic polity and that is dangerous. every system of protection, we have come full with theory and reflection, for promoting the constitution, then people will fight if they In the course of the 5 days in Montreal and circle. We have come back to ask the same values of “liberty, equality and fraternity”. understand its transformatory nature. Thiruvananthapuram, this assumption has fundamental questions – what is freedom? That is why this deliberation is important. It been questioned. Some ways to deal with it Where is my liberty and why when I ask for has been a great opportunity to rethink and Sonia Laszlo, Director , ISID, McGill have been put forward, slim as they are, they equality and the right to fraternity, am I jailed, reformulate our assumptions. University said that to win the larger battles are slivers of hope. maimed and killed? we need to focus on the theory. We need to ask Satyajeet Rajan, Director General, Institute of more questions. She thanked the Workshop Words have been examined and its political We have to find spaces to act, protect and build Management and Governance, Kerala gave his for giving her hope that we can fight current connotations peeled , as the same word upon as well as struggle against oppression. vote of thanks and said this has been a great regimes which use democratic dictatorship, carries many meanings. The same jargon is Without basic democratic freedoms there learning experience. The journey is difficult, where the public feels disenfranchised. One used by the WB, GOI, progressive and non – can be no participation. The question is and power tends to be concentrated in a few important comment she made was that, “We progressive intellectuals; with different and not whether it is modern or traditional, but hands. Equality does not exist in nature, the do not speak up, as people do here in India”. even contradictory intent and meaning. For whether it is just or unjust, equal or unequal, struggle after the 2nd World War has been to She had two requests: “Do not end here. This many years, we assumed that a democracy, what will make us stronger and what will make ensure that power is not misused. has been a long process. Please continue this would guarantee justice and equality, and that us weaker.

158 159 The RTI has addressed some of this condition. Never before do the disenfranchised feel better Acknowledgements than now. People must continue to agitate. There is no reason to be bitter. He stated that never before have people who have felt to be unequal feel so equal. People who agitate must continue to agitate. But as this agitation takes place people must not blame each other. If there are differences, they should be dealt in a dignified manner. he workshops would not have been Sridharan, Kanak Mani Dixit, Mamta Jaitley, Satyajit Rajan thanked the various people who possible without the support of ISID, Anand Teltumbde, Teesta Setalvad, Osama made the Conference possible, the ISID the TUniversity of McGill, Government of Manzar, Vijayan M.J., Tripurari Sharma, MKSS team , TISS Parasuraman and most Kerala, Institute of Management in Government Jyothi Krishnan,S. Anandalakshmy, Trilochan importantly the delegates, the rapportuers, and Tata Institute of Social Sciences. Sastry, Tarak Bahadur, K.C.A. Shahjahan, and the people who managed the logistics. Vipul Mudgal, Shiv Visvanathan, Venkatesh Special thanks are owed to Vinay Jain, Suchi Nayak, Annie Raja, Anjali Bhardwaj, V. K. Pande, Nikhil Dey, Iain Blair, Sheryl Ramasahai, Baby, Wajahat Habibullah, Henri Tiphagne, Moyukh Chatterjee, Sara Mahboob, and Ayesha Vinson Paul, Sayed Akramafzali, T.M. Krishna, Vemuri for all their help in coordinating many Sangeetha Sivakumar,Charul Bharwada and aspects of the Montreal workshop. Vinay Mahajan, Rakesh Jain, K.T. Jaleel,C K Mathew, Rakshita Swamy, Himanshu Damle, Thanks to the volunteers from the INTD Mouleshri Vyas, JagdeepChhokar, K.N. seminar Class in ISID, McGill : “Transparency, Harilal, Sowmya Kidambi, Shohini Sengupta, Accountability and Participatory Governance: Netenzangmo, Amitabh Mukhopadhyay, Cheryl Lessons from people’s movements in India”: D’souza, Ragini Ahuja, Shailesh Gandhi, Babu Aude Raffestin, Corrina Vali, Holly Norris, Mathew, Kamayani Swami, S.P. Udayakumar, Matilde Alvarez Morera,MandakiniAkella Jayati Ghosh, Harsh Mander, Yashomati Ghosh, Chandra, Nanda Kishore Daggupati, Nicki Anjali Bhardwaj, Shaheenanam,T.K. Jose, Siamaki, Robin Nyamekye, Samiha Sharif, Rosamma Thomas, Rakesh Dubbudu, Gautam Sonya Peres, YohnnyRaich Bhan, Anita Gurumurthy, Mashqura Fareedi, Inayat Sabhikhi, Abey George, Poornima Thanks to Sonia Lazlo, PatrickHeller, Chikarmane, Prabhat Patnaik, Pradeep Kumar JohnHarriss, S. Parasuraman, Patrick Brennan, Pradhan, KamalTank, Joykumar, Shaikh Nandini Ramanujam, Suzanne Legault ,Tom Ghulam Rasool, Balvinder Singh, Pankti Jog Blanton ,Marlihan Lopez ,Catherine Lu, Hussein and Sridhar Acharyalu for participating in the Khalid, Vivek Ramkumar, Ellen Gabriel, Dolores Conference and lending their unique insight to Chew, Kenneth Winston, Anne Marie Goetz, sharpen the debate. Fredrik Galtung, Tess Tesalona, Toby Mendel, Rajesh Veeraraghavan Mukela Nidimba, Renata We thank friends and colleagues from the Terrazas, Pearl Eliadis, Warren Krafchik,Abha MKSS and SFD, who provided unstinting Sur, Marie Wilson, Alejandro Salas, Eliane support and facilitation that made it all Uubalijoro, Vrinda Narain, Naurti Devi, possible. Thomas Isaac, S.M.Vijayanand, Gopal Gandhi, Satish Deshpande, V.S.Senthil, Yamini Aiyer, We particularly thank the MKSS, IMG and Subrat Das, Mridula Eapen, Praveen Jha, the TISS team , people who kept the logistics Kathyayani Chamraj, Shankar Singh, Janani going.

160 161 1. Abey George, TISS Kerala 15. Dr.Thomas Isaac, Minister of Finance, 31. Kanak Mani Dixit, Nepali publisher, editor List of Participants Government of Kerala and writer. Founder of Himal Southasian and 2. Amitabh Mukhopadhyay, Former Director co-founder of Himal media General, C&AG of India 16. Fredrick Galtung, President, Integrity Action, London, UK 32. Kathyayani Chamraj, NCPRI – Karnataka, 3. Anand Teltumbde, management Bangalore professional, writer, civil rights activist, and 17. Gautam Bhan, Indian Institute of Human political analyst Settlements 33. Mamta Jaitley, Founding Member of Vividha Features; Editor Ujala Chadi 4. Anil Galgali, RTI Activist, Maharashtra 18. Gopal Gandhi, intellectual, writer and diplomat; Former Governor, West Bengal 34. Mashqura Fareedi, Amnesty International 5. Anita Gurumurthy, Founding Member and Executive Director of IT for Change 19. Harsh Mander, Director, Centre for Equity 35. MBS Choir, Kerala Studies 6. Anjali Bhardwaj, Satark Nagarik Sangathan, 36. Mouleshri Vyas, Professor, Centre for Delhi 20. Himanshu Damle, Public Finance Public Community Organisation and Development Accountability Collective (PFPAC) Practice, School of Social Work, Tata Institute 7. Annie Raja, General Secretary of the of Social Sciences (TISS), Mumbai National Federation of Indian Women 21. Inayat Sabhikhi, NCPRI 37. Mridula Eapen, Member, State Planning 8. Aruna Roy, 2016 Professor of Practice , ISID 22. Jagdeep Chhokar, Former Professor, Board, Kerala, & National Commission of , McGill University & Member MKSS, NCPRI, IIM Ahmedabad and Founding Member, Minorities President NFIW Association for Democratic Reforms 38. Naurti Devi, Vice-President, School for 9. Babu Mathew, Pioneer of National Law 23. Janani Sridharan, TISS and MKSS Democracy (SFD), Mazdoor Kisan Morcha, Institute University (NLIU), Former Country Kishengarh & former Sarpanch, Harmara, Director of Action Aid, India 24. John Harriss, Professor, School for Ajmer District, Rajasthan International Studies, Simon Fraser 10. Balvinder Singh, NCPRI - Jammu University, Vancouver, Canada 39. Neten Zangmo, former Chairperson, Anti Corruption Commission, Bhutan 11. Bezwada Wilson, Founder and National 25. Joykumar, NCPRI - Manipur Convener, Safai Karamchari Andolan 40. Nikhil Dey, Member of MKSS, NCPRI, and 26. Jyothi Krishnan, TISS Kerala CJAR 12. Charul Bharwada and Vinay Mahajan, Founding members of Loknaad, well known 27. K.N. Harilal, Professor, Centre for 41. Osama Manzar, Founder and Director, researchers, singers for movements for Development Studies, Thiruvananthapuram, Digital Empowerment Foundation democracy Kerala 42. Pankti Jog, Mahiti Adhikar Gujarat Pahel 13. Cheryl D’Souza, Campaign for Judicial 28. K.T. Jaleel, Minister for Local Self Accountability Government of Kerala 43. Poornima Chikarmane, SNDT Women’s University at Pune; Kagad Kach Patra 14. CK Mathew, Former Chief Secretary, 29. Kamal Tank, RTI Manch - Jaipur Kashtakari Panchayat Rajasthan; currently Senior Fellow and Head, Public Policy and Research Group, Public 30. Kamayani, Jan Jagran Shakti Sangathan, 44. Prabhat Patnaik, Professor Emeritus of Affairs Centre, Bengaluru Bihar Economics, Jawaharlal Nehru University

162 163 45. Pradeep Kumar Pradhan, NCPRI – Orissa, 59. Sayed Akram Afzali, Integrity Watch - 72. T.K. Jose, IAS, Kerala 85. Wajahat Habibullah, First Chief Bhuubhaneshwar Afghanistan Information Commissioner of India and 73. T.M. Krishna, eminent Carnatic music Former Chairman & former Minorities and 46. Praveen Jha, Professor at Centre for 60. Shaheen Anam, Manusher Jonno vocalist and writer/activist Information Commissioner Economic Studies and Planning, Jawaharlal Foundation - Bangladesh Nehru University 74. T.M. Thomas Isaac, Minister of Finance, 86. Yamini Aiyer, Senior Research Fellow and 61. Shahjahan, Indian Administrative Service Kerala, Government of Kerala Director General of Accountability Initiative 47. Ragini Ahuja, Lawyer and Legal Activist, (IAS), Kerala cadre Mumbai 75. Tarak Bahadur K.C., Deputy Executive 87. Yashomati Ghosh, Senior Assistant 62. Shaikh Ghulam Rasool, NCPRI - Kashmir Director, Staff Administrative College, Nepal Professor, National Law School 48. Rakesh Dubbudu, National Campaign for People’s Right to Information 63. Shailesh Gandhi, Former Information 76. Teesta Setalvad, Secretary of Citizens for Commissioner, Central Information Justice and Peace 49. Rakesh Jain, Deputy Comptroller and Commission Auditor General, India 77. Trilochan Sastry, Professor of Quantitative 64. Shankar Singh, MKSS Rajasthan Methods and Information Systems at the 50. Rakshita Swamy, Fellow, Transparency and Indian Institute of Management , Bangalore Accountability 65. Shiv Visvanathan, Professor at O.P. Jindal University, Sonepat 78. Tripurari Sharma, Professor at the National 51. Rosamma Thomas, Journalist, TOI School of Drama and Founding member Rajasthan 66. Shohini Sengupta, Assistant Professor. of Alarippu, will introduce the topic and Centre for Community Organisation and coordinate the session 52. S. Anandalakshmy, former Director Lady Development – TISS Mumbai Irwin College, Delhi, writer & eminent 79. V. K. Baby, Indian Administrative Service educationist -Chennai 67. Sonia Laszlo, Director, Institute for the (IAS), Kerala cadre Study of International Development (ISID), 53. S. Parasuraman, Director, Tata Institute McGill University 80. V.S. Senthil, Indian Administrative Service of Social Sciences, India; Professor, School Kerala cadre, Additional Chief Secretary, for International Studies, Simon Fraser 68. Sowmya Kidambi, Director of Society for Planning & Economic Affairs Department; University, Vancouver, Canada Social Audit Accountability and Transparency Member Secretary, Kerala State Planning (SSAAT), Telangana Board 54. S.M.Vijayanand, Chief Secretary, Kerala 69. Sridhar Acharyalu, Information 81. Venkatesh Nayak, National Convener 55. S.P. Udayakumar, Convenor, Peoples’ Commissioner, Central Information NCPRI & Program Co-ordinator, Movement against Nuclear Energy Commission Commonweath, Human Rights Initiative (CHRI) 56. Sangeetha Sivakumar, well known vocalist 70. Subrat Das, Executive Director of Centre of Carnatic music for Budget and Governance Accountability, 82. Vijayan M.J., Programme for Social Action India - India 57. Satish Deshpande, Professor of Sociology, Delhi School of Economics 71. Suchi Pande, Scholar in Residence, 83. Vincent Paul, Chief Information Accountability Research Center, American Commissioner, Kerala 58. Satyajeet Rajan, Director General, Institute University, Washington D.C., U.S.A. Former of Management and Governance, Kerala convener NCPRI, 84. Vipul Mudgal, Director of Common Cause

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