RIGHTS AND DEVELOPMENT Bulletin

Centre for Development and Human Rights

RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1

INDEX

RIGHTS - ARTICLES ...... 4 The Right to Development...... 4 The Children of Migrant Workers – Jayati Ghosh ...... 8 Children under six – Out of the Spotlight – Jean Dreze...... 10 Suicides by Cotton Farmers in Andhra Pradesh – Reji.K.Joseph ...... 12

RIGHTS – FEATURES...... 16 The Rights of the Displaced ...... 16 Women’s Rights – Against Rape and its Torturous Legal System ...... 19 The Right to Information ...... 20 Ban on Child Labour ...... 23

RIGHTS – COMMENTARIES ...... 26 Law to Crack Down on Human Trade ...... 26 Empowering the Girl Child and Tackling Female Foeticide...... 26 Make Development Basic Human Rights...... 27 Dalits being Denied Dignified Treatment...... 28 The India Social Forum 2006 ...... 29 First Human Development Report of Delhi ...... 30 The Protection of Human Rights (Amendment) Act 2006...... 31 Scheduled Tribes (Recognition of Forest Rights) Bill 2005 ...... 32

RIGHTS - BOOK REVIEWS ...... 34 The Future of Human Rights –By Upendra Baxi...... 34 Reflections on the Right to Development- By Centre for Development and Human Rights .36 The Right to Development: A Primer – By Centre for Development and Human Rights...... 37

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RIGHTS AND DEVELOPMENT Bulletin

Centre for Development and Human Rights

Centre for Development a nd Human Rights, New Delhi, is launching a bi-monthly Bulletin on Rights and Development, addressed to human rights activists in India and abroad, academics and scholars, public servants and political workers, NGOs and interested public. Its purpose will be to make the readers aware of some of the developments in the area of human rights and economic, political and social concerns in India in the recent period. It would also focus on a few selected issues of major concern in other countries in the world. It will have a few short special articles, published and unpublished, in this area, and a section on brief analytical features on some of the major developments. There will also be a section of commentaries on some important news in this area. Another brief section will provide some reviews of recent books on these subjects.

This Bulletin has been prepared by a team of young researchers, Ms. Priyanca M. Velath, Mr. Reji K. Joseph, Ms. Ipshita Sengupta and Ms. Avani Kapur as joint editors. The work of the editors has been supervised by a Board of Editors consisting of Dr. Pronab Sen (Chief Statistician of India), Prof. Pulin Nayak (Professor of Economics, Delhi School of Economics), Dr. Alakh Sharma (Director, Institute of Human Development), Dr. N.J. Kurian (Director, Council for Social Development) Ms. Jayshree Sengupta, (Senior Fellow, Observer Research Foundation), Mr. Ravi Nair (Executive Director, South Asia Human Rights Documentation Centre) and Dr. Arjun Sengupta, (Chairman - CDHR) as Editorial Advisor.

The Bulletin will be available on the website of the Centre for Development and Human Rights, www.cdhr.org.in

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social, cultural and political development, in which all human rights and fundamental RIGHTS - ARTICLES freedoms can be realised.’ This definition establishes RTD as a ‘human right’ that is inalienable, i.e., it cannot be bargained away. It also establishes the unity of rights The Right to Development by talking of development in which all human rights and fundamental freedoms can be realised. It further underscores the entitlements of all persons and peoples to participate in as well as to enjoy the process of development.

Although the word ‘process’ is not mentioned in Article 1, paragraph 1, the definition of development as a process is derivable from the preamble to the RTD Declaration, which defines ‘development’ as a ‘comprehensive economic, social, cultural and political process , which The Right to Development (RTD) aims at the constant improvement of the is one of the most highly debated and well-being of the entire population and contentious issues in international of all individuals, on the basis of their relations. Placed in the interface between active, free and meaningful participation human rights and development, the in development and in the fair concept of RTD seeks to promote distribution of benefits resulting development as a human right. In recent therefrom’. As per this specification, a years, work has been initiated at the situation where there is sharp increase in international fora (more specifically, in the GDP or rapid industrialisation or an United Nations Commission on Human impressive expansion of exports with a Rights) towards identifying more precisely large increase in capital inflows does the content of RTD. An Open-ended not in itself signify development. If these Working Group and the Commission on outcomes are not accompanied with an Human Rights itself, have deliberated on improvement in the well-being of all six reports by the United Nations people, if people do not meaningfully Independent Expert (IE) Arjun Sengupta participate in the process, or if the on the Right to Development since 1999. distribution of benefits is iniquitous and The ideas have also been discussed in unfair, they will not be regarded as many international conferences and development. Among the different academic seminars. It is now important processes of development, the one in that they are discussed and debated more which all human rights and fundamental widely in all branches of civil society so freedoms are capable of being realised that the right can effectively be translated can qualify as the object of claim as a into implementation. To facilitate this human right. process, the Centre for Development and Human Rights, New Delhi has brought out What does the Right to a primer on RTD. Development Entail? - Focus on Process – The RTD approach focuses Defining the Right to not only on the ends but also on the Development – Article 1, paragraph 1 of means of development. The goals and the RTD declaration states, ‘The right to outcomes of development as the development is an inalienable human right realisation of rights are the ends. The by virtue of which every human person process by which such goals are actually and all persons are entitled to participate achieved, in a progressive manner, in, contribute to, and enjoy economic, consist also of the ‘means’ of programmes 4 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 and policies and instrumental changes development, when they are taken, as needed for realising the rights. enhancements of freedoms must follow the ‘rights-based approach.’ Where the objectives are claimed by the people as The right to development is an rights backed by corresponding inalienable human right by virtue of obligations, they become constituents of which every human person and all the right to development.

persons are entitled to participate Step-by-step Approach and in, contribute to, and enjoy Poverty Eradication – The realisation of economic, social, cultural and RTD has to proceed step by step, in political development, in which all tandem with the changing world economy human rights and fundamental and the strength of the human rights freedoms can be realised. movement. Since all rights and corresponding freedoms cannot be realised immediately and simultaneously, According to the Independent Expert, it might be useful to concentrate initially on RTD is the right to a process of a few areas that may be regarded as development where all human rights – basic to all other rights. These are the CPRs (Civil and Political Rights) and rights to food, health care and education. ESCRs (Economic, Social and Cultural It is not that other rights are not important, Rights) are realised. The outcome of a but these rights cater to the most basic process of development is in itself a needs of the people and facilitate the human right, which entails obligations. realisation of the other rights. These may The process is a programme or plan also be taken as the minimum indicators executed over time maintaining of RTD that have to be satisfied and that consistency and sustainability, with would claim priority in the use of the phased realization of the different human States’ financial and administrative rights expected to lead to the realisation of resources. the targeted outcome. The right to the process is different from the right to the Poverty is the most abject violation outcome . In the RTD approach, the of human rights, denying as it does process is as important as the outcome . practically all the freedoms to the people affected. The eradication of poverty would, Both the process and the outcome therefore, be a first step towards the of the process are recognized as human ‘progressive realisation’ of the human right rights. The principles of equity, non- to development. Countries must adopt discrimination, transparency, accountability their own programmes for achieving and participation provide the defining rights-based economic growth and parameters of a rights-based process of eradicating poverty in a sequential manner development. A rights-based approach to within a specific target period as a method development aims at achieving the of realising RTD. objectives of development in a manner consistent with these principles. Unlike the simple ‘trickle-down approach’ that views poverty reduction in A process of development that terms of increased GDP, the RTD does not follow these principles would be framework addresses poverty in the light inconsistent with the RTD approach, even of equity and justice. If the poor have to be if it did attain the identified goals or empowered through development policy, outcomes of development. In addition, the the structure of production has to be RTD approach entails treating adjusted. The development policy must development objectives as rights – as entitlements giving rise to obligations on focus on the poorest regions and the most duty holders such as the state authorities vulnerable groups. A social protection and the international community. In other system must guarantee a minimum level words, the objectives of human of income for all concerned.

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Besides its income dimension, resources but also by developing the poverty also has a capability dimension, societal resources necessary for realising signifying an unacceptable level of rights. The Limburg Principles define deprivation of well-being, a level that a ‘available resources’ as ‘both the civilized society considers incompatible resources within a State and those with human dignity. The capability available from the international community dimension of poverty has a direct bearing through international cooperation and on the income dimension since a lack of assistance’. capability prevents people from having the capacity to earn more and rise above the In many cases, resources may not poverty line. The provision of food, be an insurmountable problem for primary health care and primary education realising individual ESCRs. Many of the in a rights-based manner is the most activities needed to fulfill these rights do effective method of alleviating capability not require huge financial resources. poverty and of making any programme for Instead, they may merely involve the eradication of income poverty administrative and organizational sustainable. reorganization in order to use existing financial and other resources more Lack of dignity, security, self- effectively. All that may be needed for this respect and justice are all expressions of could be political and administrative will. violations of human rights. A poverty reduction strategy must, therefore, be based on the removal of those violations and improving people’s real income and Unlike the simple ‘trickle-down the other indices of the quality of life in a approach’ that views poverty manner consistent with the human rights reduction in terms of approach. increased GDP, the RTD The Problem of Resource framework addresses poverty in Constraints – Covering as it does the the light of equity and justice entire range of human activity, the implementation of RTD will inevitably be confronted with the question of the availability of resources – financial, Achieving RTD, however, is physical or institutional – both at the dependent on increasing resources over national and international levels. Indeed time as well as making the most efficient this is often the most pressing argument use of the existing resources as it involves used against the concept of economic realising all the rights together in a rights in general and RTD in particular. sustainable manner. This can be done However, the existence of a right should through proper fiscal, monetary, trade and not depend on the method of realisation competitive market policies and expanding and all efforts must be made to realise a the opportunities for trade. These changes right, once recognized, depending on have to be carried out in a phased manner conditions in individual states, availability with sequential consistency over time and of resources and the international cross-sectoral consistency at any one environment. time. This is why economic growth has been made an essential component of the The Limburg Principles clearly state, in the right to development. context of economic, social and cultural rights, that state parties must move as Economic Growth – Economic expeditiously as possible towards growth is not merely the ends but also the realisation of rights and that resource means to the larger goal of overall well- constraints cannot be used as an excuse being. It is an objective because it implies to defer the realisation of rights. higher per capita consumption and, Progressive realisation of ESCRs can therefore, higher living standards. It is a come about not only by increasing means in that it allows for the fulfillment of

6 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 other objectives of human development Declaration does not have the status of a and human rights. treaty and so cannot be enforced legally. It has been argued that since RTD is not The RTD framework proposes a legally enforceable it is at best, a set of qualitatively different approach, where social aspirations or statement of considerations of equity, justice and objectives. In the absence of a measure of respect for human rights standards justiciability, the status of RTD as a determine the strategy for economic ‘human right’ has often been questioned. growth. In any case, sustainable GDP growth is possible only when there is all- round balanced development. A rights- The right to development, based approach will, therefore, be based on progressive realisation conducive to increasing growth in the long of all the rights and a process of term. rights-based economic growth,

Conflict of Rights – The right to has greater flexibility in resolving development, based on progressive such problems of trade-off, without realisation of all the rights and a process violations of any human rights. of rights-based economic growth, has greater flexibility in resolving such problems of trade-off, without violation of But this view confuses human any human rights. Since this right builds rights with legal rights. Human rights on increments on the levels of different precede law and are derived not from law rights, when a technically-binding but from the concept of human dignity. constraint presents the equal There is nothing in principle to prevent a improvement in different rights, the right from being internationally recognized corresponding programme to realising the as a human right even if it is not right will have to include a mechanism to individually justiciable. It is inappropriate decide on the sequence and the rate of to assert that human rights cannot be improvement of the different rights without invoked if they cannot be legally enforced. allowing the current level of enjoyment of In fact, it is possible to fulfil human rights any single right to fall. The rights-based in many different ways (depending on the economic growth, by expanding the acceptability of the ethical basis of the availability of resources, would also claims) that go beyond justiciability in the facilitate this process. There need be no sense of legal enforcement. violation of a right, only some rights would improve faster than others. This is not to say that it would not be useful to seek to translate human rights Justiciability of RTD – The right into legislated rights. Formulating and to development is often criticised on the adopting appropriate legislative instruments basis of an alleged lack of justiciability. to ensure the realisation of human rights The positivist school of thought does not which are accepted through consensus is regard rights that are not legally highly recommended as this would make enforceable as human rights; a right, to be these rights enforceable formally in courts taken seriously must be sanctioned by a as well . But this should not detract from legal authority and must be based upon employing an effort of equal magnitude appropriate legislation. For instance, the towards finding alternative methods of two 1966 covenants impart legal force to enforcement of obligations through, for the obligation to respect CPRs as well as instance, peer pressure, democratic ESCRs. Additionally, mechanisms exist to persuasion and an active and committed review and monitor State compliance and civil society. Indeed, according to some an Optional Protocol to ICCPR allow interpretation, if such enforcement is individuals to bring complaints to enforce possible, a right can be a valid legal right. CPRs. However, while the ICCPR and the In other words, justiciablity (i.e. judicial ICESCR are in the nature of treaties that enforceability) must be seen as subset of codify certain human rights, the RTD enforceability. The focus in general should

7 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 remain on enforceability of human rights, Of course, this puts huge though justiciablity would certainly pressures and creates new possibilities for contribute to strengthening enforceability. oppression of women migrants, who are An absence of justiciability, however, must more vulnerable to all sorts of exploitation, in no way undermine the strength of the both physical and material. While other means of enforceability. migration can be an important source of new economic opportunities, distress In sum, the fact that the RTD migration among the poor, and especially Declaration is not a legally enforceable of poor women, tends to deepen existing covenant does not detract from the inequalities, and make fragile and responsibility of the States as well as of vulnerable situations even worse. But the other individuals and agencies of the worst consequences may well be on the international community to realise the right children of such migrants, who are even as a human right. Some mechanism, less visible to policy makers. however, may need to be devised for monitoring compliance with RTD commitments.

(Extracted from ‘The Right to Development - A Primer’ – Centre for Development and Human Rights and Sage Publications, 2004)

The Children of Migrant Workers - Jayati Ghosh

Photo: Children of migrant workers remain neglected while their parents toil at exploitative While the National Rural wages. (Source: Mobile Crèches) Employment Guarantee Act - if it is effectively implemented - is likely to have A recent study by Mobile Crèches many positive consequences, one of the ''Labour Mobility and the Rights of potential benefits that has been Children'', Mobile Crèches, New Delhi, inadequately recognised is how it may March 2006) brings this out very clearly. improve the welfare of around 60 million Using official data from the Census and children. These are children of migrant NSSO, the study estimates that there workers, who are currently among those were about 30 million migrant women very adversely affected by the recent workers and 60 million children, of whom patterns of increased material pressure around half were children under 6 years of which has driven adult men and women to age, in 2000. short term migration in search of work. The dismal conditions of migrant Consider the evidence that we workers in their places of work and have. Both aggregate official data and all temporary residence are well known. Such workers generally do not receive the the available micro studies suggest that minimum wages because of their inferior there has been a very substantial increase bargaining power, and late payment or in short-term economic migration in the non-payment of wages are constant recent past, driven by the reduced viability threats or realities. Women usually receive of cultivation, displacement, asset significantly lower wages, between half to deprivation and collapse of employment two-thirds of what the men workers generation in most parts of rural India. The receive. The works contracts are usually more significant change recently has been casual, insecure and highly exploitative. the increased migration of women, with The residence is usually in shanty towns men or in groups or even on their own. or in temporary roadside constructions,

8 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 with little or nothing in the way of basic future of the country and so on, there are sanitation, access to clean drinking water, huge dangers in allowing this neglect to and so on. continue.

But, even apart from these features that make the quality of life very If migrants have been ignored poor for the migrant family as a whole, by public policy, and thus face there are other features that impact an insidious but extensive directly on children. Constant movement system of social and economic with no fixed abode, or residence in discrimination, this is even cramped, unhealthy and restricted more true of the children of quarters are obviously undesirable. But for migrants, who are generally migrant children, the problems may begin invisible to the public eye . even before birth because of the pressures on the mother which operate to reduce birth weight, then reduce It is not just that early childhood is possibilities for breast-feeding, then the period of life of maximum vulnerability, prevent regular immunisation, and then physical and mental development and expose the child to all sorts of infections dependence upon adults, such that events because of poor sanitation and and processes in this period have long- overcrowding. term repercussions for future capabilities and life chances. It is also that the There are also other concerns. itinerant life with constant material Migrant families do not have access to all struggle for survival and lack of basic the normal rights of citizens because they facilities makes survival almost a miracle are not seen as residents of the area that is seen as the result of tough and where they work. Therefore, the children often individualistic choices. The kernels do not have access to immunisation and of the future society that is thereby being other health services, cannot attend created are surely full of dark possibilities. anganwadis or local schools, and often simply have to accompany their mothers at their workplaces such as construction sites. These are unhealthy, often hazardous places for infant and young children who end up spending most of their waking hours there. And there is very poor nutrition available for growing children.

These conditions lead to constant prevalence among such migrant children Do the children of migrant workers have a of a range of illnesses including secure future? (Photo Source: Mobile Creches) respiratory ailments and waterborne diseases. One 1998 study of children of So it is absolutely imperative for migrant workers at worksites showed that both society at large and government 53 per cent of the children under five policy in particular to make the issue of years were malnourished and 27 per cent basic protection for migrant families and were severely malnourished. the provision of public services and systems for migrants, including children, a If migrants have been ignored by basic priority. public policy, and thus face an insidious © MACROSCAN , June 3rd 2006 but extensive system of social and economic discrimination, this is even more true of the children of migrants, who are generally invisible to the public eye. Yet, beyond the clichés of how children are the

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Children under six – Out of the The anganwadi scheme, officially known as the Integrated Child Spotlight Development Services (ICDS), is the only - Jean Dreze major national scheme that addresses the needs of children under six. As things stand, only half of these children are The Draft Approach Paper to the registered under the ICDS. The Common 11th Plan, prepared by the Planning Minimum Programme (CMP) clearly states Commission, has been discussed and that the United Progressive Alliance criticised from various perspectives. Government will "universalise ICDS to However, little attention has been paid to provide a functional Anganwadi in every its worst blind spot: the situation of settlement and ensure full coverage for all children, particularly those below the age children." This step is also required for of six years. compliance with recent Supreme Court orders (PUCL vs Union of India and The facts are well known. About Others, Civil Writ Petition 196 of 2001). It half of all Indian children are would be natural, therefore, to expect the undernourished, more than half suffer universalisation of the ICDS to be one of from anaemia, and a similar proportion the top priorities of the 11th Plan. None of escapes full immunisation. This this, however, finds mention in the humanitarian catastrophe is not just a loss Approach Paper. for the children concerned and their families, and a violation of their The main argument for fundamental rights, but also a tragedy for universalising the ICDS is that it is an the nation as a whole. A decent society essential means of safeguarding the rights cannot be built on the ruins of hunger, of children under six — including their malnutrition, and ill health. right to nutrition, health, and pre-school education. These rights are expressed in Yet one is at a loss to find any Article 39(f) of the Indian Constitution, serious discussion of these issues in the which directs the state to ensure that Approach Paper. Patient search uncovers "children are given opportunities and a little "box," tucked away in the section facilities to develop in a healthy manner on Sarva Shiksha Abhiyan, where children and in conditions of freedom and dignity." under six are finally mentioned. The box If we take children's rights seriously, an (two paragraphs) begins with the grand institutional medium is required to provide statement that "development of children is these "opportunities and facilities." That is at the centre of the 11th Plan" but does the main role of the ICDS centre or not give any inkling of what this actually anganwadi. implies. Instead, it essentially confines itself to the startling suggestion that Apathy towards the ICDS in official anganwadis (child care centres) should circles appears to be linked to a "concentrate on inculcating good health perception that this programme is and hygienic practices among the ineffective, if not useless. It is easy to children." provide superficial support for this claim by citing horror stories of idle anganwadis or food poisoning. These horror stories, however, are not a fair reflection of the It would be natural to expect general condition of the ICDS. Indeed, the universalisation of the ICDS recent evidence suggests the ICDS is to be one of the top priorities actually performing crucial functions in of the 11th Plan. None of this, many States, and that there is much however, finds mention scope for consolidating these achievements. in the Approach Paper

A recent survey of the ICDS,

initiated by the Centre for Equity Studies,

10 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 sheds some light on these issues. The well being, and half of them considered it survey was conducted in May-June 2004 to be "very important." in six States: Chhattisgarh, Himachal Pradesh, Maharashtra, Rajasthan, Tamil While Tamil Nadu is an exemplary Nadu, and Uttar Pradesh. It involved case of effective action in this field, it is unannounced visits in a random sample of important to note that "success stories" about 200 anganwadis as well as detailed are not confined to this particular state. household interviews. Maharashtra, for instance, seems to be rapidly catching up with Tamil Nadu. To Among mothers with a child illustrate, the proportion of mothers who enrolled at the local anganwadi, more than stated that the local anganwadi "opened 90 per cent said it opened "regularly." This regularly" or that their child was regularly is consistent with direct observation: weighed or that immunisation services nearly 80 per cent of the anganwadis were were available at the anganwadi, was open at the time of the investigators' above 90 per cent in each case. Much as unannounced visit. Similarly, 94 per cent in Tamil Nadu, 93 per cent of the mothers of the mothers interviewed stated interviewed in Maharashtra considered the supplementary nutrition was being ICDS to be important for their child's well provided at the anganwadi. Even pre- being. A large majority (60 per cent) also school education, the weakest component viewed the anganwadi worker as "a of the ICDS, was happening in about half person who can help them in the event of of the anganwadis visited. More than 70 health or nutrition problems in the family." per cent of the mothers felt the ICDS was While there were also areas of concern, "important" for their child's welfare. notably the pre-school education programme, Maharashtra's experience This is not to deny that the quality clearly shows that Tamil Nadu's of the ICDS needs urgent improvement in achievements can be emulated many States. But recognising the need for elsewhere. quality improvements is not the same as dismissing the ICDS as a non-functional In the northern States, the programme. The survey does not provide condition of the ICDS varied a great deal, any justification for this defeatist outlook. from relatively encouraging in Himachal Pradesh to very poor in Uttar Pradesh (the In fact, the survey findings usual "basket case" as far as public highlight the enormous potential of the services are concerned). Even in the ICDS. This potential is well demonstrated lagging States, however, the strong in Tamil Nadu, where child nutrition has potential of the ICDS clearly emerged in been a political priority for many years. villages with an active anganwadi. It is Every sample anganwadi in Tamil Nadu also important to note that these States had an effective feeding programme, and have largely reaped as they sowed. almost all the sample mothers were Consider for instance the "supplementary satisfied with the quality as well as the nutrition programme." There is much quantity of the food. Other basic services evidence that the best approach here is to were also in good shape. For instance, 97 combine nutritious, cooked food for per cent of the mothers interviewed in children aged 3-6 years with well- Tamil Nadu reported that children were designed "take-home rations" (together being "weighed regularly," and 86 per cent with nutrition counselling) for younger said useful educational activities were children. Yet many States are not even taking place at the anganwadi. Every trying to take these simple steps to single child in the Tamil Nadu sample had improve the nutrition component of the been immunised, fully so in a large ICDS. For instance, in Rajasthan and majority of cases. Perhaps the best sign of Uttar Pradesh, children aged 3-6 years get real achievement in Tamil Nadu is the fact the same bland "ready-to-eat" food (panjiri that 96 per cent of the mothers considered or murmura) day after day, and younger the ICDS to be "important" for their child's children get nothing at all. It is no wonder that mothers interviewed in these States

11 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 were often dissatisfied with the Suicides by Cotton Farmers in programme. Andhra Pradesh Similar remarks apply to other - Reji. K. Joseph hurdles that have plagued the ICDS in the northern States — lack of funds, under- staffing, poor infrastructure, erratic supervision, inadequate training, centralised management, among others. These shortcomings are curable, and their persistence essentially reflects a lack of political interest in the well being and rights of children. In sharp contrast to Tamil Nadu, where child health and nutrition are lively political issues, the ICDS is at the rock bottom of policy concerns in the northern States.

It is against this background of Little hope for families of cotton farmers. political indifference to children under six (Photo Source: Outlook May 2006) that the CMP commitment "to provide a functional Anganwadi in every settlement" Andhra Pradesh (A.P) has been was so important. In pursuance of this the focus of the media for the crisis in the commitment, the National Advisory agrarian sector and suicides of desperate Council formulated detailed farmers in India. The report of the Cabinet recommendations on the ICDS in Sub-Committee on Farmers’ Suicide November 2004, along with cost estimates (2004), Government of A.P finds that three and a proposed time frame for out of four farmers’ suicide in India take universalisation. These recommendations place in the state. There were farmers’ have been amplified and improved in a suicides in the pre-liberalization as well as number of recent documents, such as the the post-liberalization phases. But what reports of the Commissioners of the distinguish farmers’ suicide in the post- Supreme Court and the concluding liberalization phase are the large number statement of a convention on "children's suicides taking place every year. In the right to food" held in Hyderabad in April year 1997-98 alone, 307 such suicide 2006. Unfortunately, this wave of creative deaths were reported (Venkateswarlu and advice appears to be falling on deaf ears. Srinivas, 2000). Data complied by Patnaik It is certainly not reflected in the draft (2003) shows that there were 233, 58, Approach Paper to the 11th Plan. An 116, 202 and 2580 farmers’ suicides in the opportunity is being missed to rectify the years of 1998, 1999, 2000, 2001 and 2002 catastrophic neglect of children under six respectively. The magnitude of the in public policy and economic planning. distress is such that in a period of just one month (between 14 th May and 14 th June) (The writer is Honorary Professor at the Delhi in 2004 close to 300 farmers committed School of Economics.) Published in The Hindu dated 20.10.06 suicide in the state. Farmers’ suicide is not confined to A.P, but is reported from all over the country. Recently the Vidarbha region was in the media spotlight for mass suicides of farmers, the visit of the Prime The shortcomings in the ICDS Minister to the region and the are curable and their announcement of a relief package.

persistence reflects a lack of Majority of the farmers committing political interest in the well suicide in the state were the cultivators of cotton. Cotton cultivation has been facing being and rights of children. problems of pest menace and spiraling

12 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 costs of cultivation. In 1985-86, some number of landless households in rural cotton farmers committed suicide on Andhra Pradesh has increased from 45.9 account of crop failure due to the white fly per cent in 1987-88 to 52.3 per cent in menace. Despite these problems, cotton 1999-00. In this context, it is natural that has been the only crop showing steady the cultivation of cotton will increase, growth in net area under cultivation. The given the prospects of the crop. area under cotton cultivation grew from 0.89 per cent per annum in the pre-Green Revolution period to 1.33 per cent in the The enquiries into reasons of first phase of the Green Revolution farmers’ suicides show that the (1970s) to 4.58 per cent in its second problem of indebtedness is the phase (1980s) to 6.04 per cent in the immediate reason for distress. liberalization phase (1990s). It is Reasons for indebtedness are interesting to note that the area under cotton cultivation increased through out multifarious. the Green Revolution and the liberalization phase, despite the continuous decline in the growth in its Many studies have been yield. The yield of cotton declined from undertaken and commissions set up to 10.57 per cent per annum in the first find the reasons for the distress of cotton phase of Green Revolution to 3.43 per farmers. The enquiries into reasons for cent in its second phase, to 1.39 per cent farmers’ suicide show that the problem of in the liberalization phase (Subrahmaniam indebtedness is the immediate reason for and Sekhar, 2002). Why do farmers the distress. Reasons for indebtedness increasingly cultivate cotton despite the are multifarious. Major factors causing problems facing the crop? What are the indebtedness are high cost of cultivation, factors contributing to the suicide of dependence on private agencies, farmers? problems in accessing reliable and reasonably priced inputs, volatility in Certain inherent characteristics of prices, high rates of interest, inadequate cotton when combined with the socio- irrigation facilities, inadequate marketing economic conditions prevailing in the state facilities, tenancy, previous debt, crop have made cotton the dearest crop failure, etc. especially for the economically backward. Cotton is a versatile crop that can be The weakening of the cultivated any time between June to extension system has taken September without any significant impact place at a time when farmers on yield, thus making it very suitable for have been encouraged to upland rainfed conditions. Once the crop shift their cultivation from germinates, cotton can withstand a subsistence farming to cash prolonged dry spell up to 45 days whereas other crops will dry up. Besides, post crops such as cotton. harvest expenditure is very low for cotton unlike chillies and tobacco. In other words, The report of the Cabinet Sub- cotton is one of the most profitable crops. Committee on Farmers Suicide (2004) Even if the crop fails for one or two years, points out that institutional credit was able a single good harvest can yield sufficient to meet only 15-20 percent of the credit income to make adequate profits in the requirements, leaving the remaining 80-85 current year as well as to compensate for percent to the private lenders who charge past losses. Due to this fact, those at the exorbitant rates of interest. Institutional bottom of the income distribution chain finance often goes for high tech like tenants and small and marginal agriculture, biotechnology, purchase of farmers look forward to cotton cultivation heavy machinery, including paddy harvest as a means to improve their income combines, agro-industries, agro business, levels. The report of the Commission on etc. The institutional loans for the Farmers Welfare (2004) points out that the agriculture has gone to private companies

13 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 and rich farmers leaving the vast majority services is the responsibility of the state of small and marginal farmers and an government. increasing number of landless persons to There was a decline in public private money lenders who charge investment in irrigation facilities. As a exorbitant interest rates. Besides, tenants result, the share of area under irrigation (the landless) do not get credit from from public sources declined from 76 per financial institutions, as they are unable to cent in 1989-90 to 45 percent in 2002-03. provide collateral security. Lack of official As the state withdrew from the expansion recognition of tenants denies them not of irrigation facilities, farmers had to make only institutional finance, but also access investments in irrigation. Farmers have to to any of the government schemes borrow from private lenders to make directed towards them and any assistance investments in irrigation facilities and the or compensation during a natural calamity. purchase of inputs in the hope that they They also do not get any of the free or will be able to repay from the next harvest. subsidized inputs, which are distributed, to In many cases, there are failed the owner cultivators from the investments in irrigation. The crop failure government. due to drought and pest menace makes farmers defaulters. The private lenders, The withdrawal of the state from then, resort to ruthless measures like agricultural development activities in the occupying land, taking away household liberalization period has worsened the equipments, engaging family members as plight of the farmers. Withdrawal of the bonded labourers, etc. to clear their dues. government from the agrarian sector is In the case of Banks, these farmers visible in the low priority it has been given become defaulters and are rendered in budget allocations. The revenue ineligible for fresh loans. These farmers expenditure (plan and non-plan) on do not have any other option but to borrow ‘agricultural and allied activities, rural from private sources, for the next season. development and irrigation and flood The current debt of a farmer need not be control’ formed only 29.58 per cent in based on the previous year’s loan alone, 1990-91 which further declined to 24.70 but can be an accumulation of dues from per cent in 2002-03. Similarly, the capital the past few years. The study by expenditure on the same item declined Venkateswarlu and Srinivasan (2000) from 68.96 per cent in 1990-91 to 50.04 finds that 60 percent of the outstanding percent in 2002-03 (Murti, 2005). The loans are the accumulation of dues over a government has curtailed expenditure on period of years. Of the total outstanding extension services as part of structural debt, 65 to 90 per cent was met by adjustment policies. The report of the informal credit sources. Cabinet Sub-Committee finds that 50 per cent of the extension posts are vacant at In this context, came the Bt cotton the ground level. Subrahmanyam and (in 2002) with the promise of higher profits Sekhar (2003) find that the rate of growth to farmers. It was expected that the plant of expenditure on extension service will resist bollworms, which is the major decelerated from 3.06 per cent in the pest, and farmers will not have to spend 1980s to 0.01 per cent in the 1990s. The much on pesticides. However studies weakening of the extension service show that it has not been successful as system has taken place at a time when was anticipated. Sahai and Rahman farmers have been encouraged to shift (2003) find that the cost of Bt cotton seeds their cultivation from subsistence farming were approximately Rs.1200 higher per to cash crops such as cotton. The report acre than non-Bt hybrid varieties, while of the Commission of Farmers Welfare the savings on pesticide was a meagre (2004) points out that the lack of extension Rs. 217 per acre. Qayum and Sakkhari services has resulted in the wrong (2005) estimate that on an average, for selection of crops and is a major reason the three years (2002-03 to 2004-05) for the crisis. Transfer of modern farmers had spent Rs. 1090 more per acre agricultural production technology to the for Bt cotton seeds whereas the savings in farmers through agricultural extension pest management was only Rs. 197 per 14 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 acre. It was also found that the company omission, a set of policies, which have selling the Bt cotton seeds has supplied ruined the livelihood of farmers and left poor quality seeds resulting in poor them vulnerable without any social germination. The MoU Committee of protection. These policies and practices Warrangal district, which involves officials have deliberately contravened or ignored from both the government and seed India’s obligations under various companies found that Bt cotton varieties international human rights instruments. of Monsanto has led to income losses for farmers due to poor germination of seeds. References The Committee has directed Monsanto to Commission on Farmer’s Welfare (2004), Report of pay Rs 1,496.25 per acre compensation to the Commission on Farmer’s Welfare , Govt. of farmers in January 2005. (letter from Andhra Pradesh. M Lakshman Rao, joint director of agriculture, Warrangal to Mahyco Government of Andhra Pradesh (2004), Report of Monsanto India, document no Lr No: the Cabinet Sub-Committee on Farmer’s Suicides . C5/Misccc/04, dated January 27, 2005). Murti C.S. (2005), Urban Bias in Development What then is the alternative? Data Planning as a Cause for Suicides of Farmers: A from Modern Architects of Rural India Discursive View with Special Reference to Andhra Pradesh , Paper presented at the Fourth (MARI), Warrangal which facilitates Development Convention ‘Economic Reforms and alternative methods of farming, non- Social Justice in India: Achievements and the pesticide management (NPM) and organic Way Ahead’, March 4-5, 2005, Hyderabad. farming among farmers and data from the Department of Agriculture, A.P, on Patnaik, Utsa (2003), ‘Food Stocks and Hunger: The Causes of Agrarian Distress’, Social Scientist , Integrated Pest Management (IPM) show Vol.31: Nos.362-363, July-Aug. that farmers are better off with these alternative methods. The profit for organic Sahai, Suman and Rahman, Shakeelur (2003), and NPM farmers were higher by more ‘Performance of Bt. Cotton: Data from First Commercial Crop’, Economic and Political than Rs 5000 per acre as compared to Weekly , July 26, pp. 3139-3140. cultivators of chemical intensive cotton. The net returns are highest among the Subrahmanyam, S. and Sekhar, Satya P. (2003), IPM farmers – Rs. 10, 471 per acre. India ‘Agricultural Growth: Pattern and Prospects’ in needs to explore the prospects of Hanumantha Rao and Mahendra Deb (eds.), Andhra Pradesh Development: Economic expanding alternate farming methods to reforms and Challenges Ahead , Centre for improve the welfare of people. Economic and Social Studies, Hyderabad.

The agrarian crisis and farmers’ Venkateswarlu, Davuluri and Srinivas, K. (2000), Debt and Deep Well , Study jointly Commissioned suicide is a violation of human rights. The by CARE AP, ICNGO Programme AP and MARI. Constitution of India (Article 21) protects the right to life as a fundamental right and *This study has been further elaborated in the Supreme Court has, in a number of ‘Agricultural Reforms and Farmers Suicides: decisions, held that the right to life A Study of Cotton Cultivators in Andhra Pradesh,’ Foundation for Agrarian Studies, Bangalore. includes the right to livelihood because no person can live without the means of subsistence. The Supreme Court has also reiterated that the greatest incentive for maximum production is the feeling of The agrarian crisis and the identity and security, which is possible farmers’ suicide is a violation of only if the ownership of land is with the human rights. The state has tiller (AIR 1987 SC 1518). The State has pursued by its action and failed not only in undertaking land reforms omission, a set of policies, which but also in reforming the credit system and have ruined the livelihoods of undertaking agricultural developmental farmers. policies to mitigate the evil effects of skewed distribution of natural resources. The state has pursued by its action and

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earlier decisions of March 2005 and October 2000 had stated that further construction could not happen until RIGHTS – FEATURES rehabilitation of temporarily and permanently affected families is completed as per the Narmada Tribunal Award. The Friends of the River Narmada , The Rights of the Displaced an international coalition, state that “despite overwhelming evidence, the recent protests in Delhi and a 20 day hunger strike, the Supreme Court and Indian Government have turned a blind eye to this grave injustice”. The government formed a Group of Experts to oversee the matter. The Shunglu Committee’s Oversight Group (OSG) submitted its report to Prime Minister Manmohan Singh. But this report has been alleged of being a sham by those opposed to the Narmada dam. Critics say, it paints a picture of satisfactory rehabilitation work in the Narmada Valley while the real facts seem to be on the contrary.

Thousands of people rendered homeless by the Narmada Dam. (Photo Souce: Ian Berry/ Magnum )

“How much sacrifice of people’s rights may ever be justified at the altar of constitutionally unprincipled and insincere ‘developmental’ policy-making,” asked the former Vice-Chancellor of Delhi University, Upendra Baxi, at a colloquium: A Critical Examination of the Shunglu Committee

Report – Politics of Displacement and The Narmada Bachao Andolan’s Resettlement in the Narmada Valley. More struggle to ensure proper rehabilitation than 50 million people have been of the displaced continues displaced by the construction of over 3,300 big dams in India since its independence. Today, the struggle for the However, the Prime Minister rights of those displaced, particularly the considering the OSG’s account to be a fair tribals, by the construction of dams on the one, opined that work on the dam should Narmada River, especially the Sardar not be stopped and that rehabilitation Sarovar Project (SSP) is one the most should be made up-to date, taking important rights issues in contemporary advantage of the stoppage of construction India. during the monsoons. But even though the OSG upholds the claims made by Madhya Recently, the Supreme Court Pradesh (one of the states affected by the allowed the height of the Sardar Sarovar SSP) in its Action Taken Report (ATR) on Dam to be further raised to 121 metres. the number of (18,000) affected families, it As thousands of families were yet to be has found poor quality or dysfunctional rehabilitated there was a renewed spurt of facilities at the rehabilitation sites. Its protests against the SSP. The Court, in its report suggests that the rehabilitation sites 16 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 presented a mixed picture with some clear and cruel cost to others who did not being good and others poor and average. do so”, he said. At the same time the report says that at several sites there was no provision for water supply, electricity, education, health, While the Shunglu report claims schools etc, and wherever these that many people have been provided amenities existed, they needed to be land, the Narmada Bachao Andolan upgraded and serviced. But the report (NBA), fighting for the rights of the misses out that people did not move displaced, alleges that people have been because there was no land and facilities at made to sign on blank forms and that the the rehabilitation sites as per the Narmada reality is that 90 per cent of the mentioned Tribunal Award, says Gargi Parsai ( The number have not received any land. The Hindu , 06/07/06) report says that the reason why Project Affected Families (PAFs) “accepted” cash compensation was that the land After going through 4,000 allocations by the government did not grievances pending with the Grievance match their requirement. But the NBA Redressal Agency, the report has alleges that no land had been offered and suggested that the State should complete that the displaced families were being rehabilitation within one year. This reality forced to accept cash as, otherwise, they not only belies the M.P government’s would get neither. Dr. G.K. Chadha, one commitment to the Narmada Control of the OSG members, speaking to The Authority, of completing the rehabilitation Hindu after submitting the report claimed of families displaced by the increase in the that the report included the findings of the dam height to 121.92 metres before July National Sample Survey Organisation 2006, but also goes against both the (NSSO) and the subsequent Random Narmada Award and the Supreme Court Survey. Order that had asked rehabilitation to be completed six months in advance of raising the height of the dam. But the NBA alleges that the NSSO, which carried out the survey, was Significantly, as stated in The not allowed any freedom and that while it Hindu (04/07/06), the group is understood surveyed some 25,000 families in 177 to have defended the Special Relief villages, it left out about 6,485 families, Package (SRP), which awards cash many of whom would be severely compensation to displaced families in affected. “The teams did not use the new place of land, even when the Supreme questionnaires but tick marked the already Court had held that it was a “disputed used ones, there were no new additions to matter”. Instead of advising the state to the list”, claims Medha Patkar, NBA fulfil its “land-for-land” obligations the leader. Though the group asked for a group has reportedly shown that eligible proper action plan, a mechanism for families were accepting cash rehabilitation and the involvement of compensation, as the government was district authorities, the issue of validation unable to procure land for them or the by the gram sabhas does not seem to process was besieged with corruption. have been seriously addressed. Besides, as Baxi said the tyranny of statistics in the Shunglu Report suggests that out of the 40,441 displaced families, The OSG Report says that at only 1393 accepted the SRP, simply several resettlement sites there because 17.9 per cent had no intimation was no provision for water concerning allotment of land, 94 per cent supply, electricity, education, were not satisfied with the land bank health, schools etc, and offerings and 21 per cent opted for other wherever these amenities reasons. “The report merely prefers to existed they needed highlight those who accepted the SRP at a to be upgraded

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In fact, Patkar, calling the Shunglu Unfortunately, mere counter- Report a “Bible in which the NBA makes allegations will not dilute the enormity of new discoveries every time it goes the disaster looming large. On April 13, through it”, alleges that the report gives 2006, in a UN Press Release, the Special incorrect numbers of those displaced and Representative of the Secretary –General those whose claims were ignored. It also on the situation of human rights has flaws relating to the number of adult defenders, Hina Jilani; the Special sons yet to be identified. It completely Rapporteur on adequate housing as a neglects the tribal families and those on component of the right to an adequate hillocks, those whose livelihoods would be standard of living, Miloon Kothari, and the hurt and also has completely false Special Rapporteur on the human rights demographic figures to buttress their and fundamental freedoms of indigenous findings. She said, “The Government peoples, Rodolfo Stavenhagen expressed should not go according to the Shunglu concern about the recent decision of the Committee Report that presents a Narmada Control Authority (NCA) to lopsided account of the affected families further raise the height of the dam from and their requirements for resettlement” the present 110.64 metres to 121.92 (The Hindu, 29/07/06) metres and on reports indicating that this will result in the submergence of villages But the dam has its supporters like and displacement of over 35,000 families. Anil Patel, member of ARCH-Vahini , which works for resettlement and They said, “We are concerned rehabilitation of tribals in Gujarat, about information indicating that in Maharashtra and MP, who rubbish claims Madhya Pradesh rehabilitation sites are that raising the dam’s height will displace still not ready and none of the sites have thousands and such figures are gross sufficient house plots for affected families exaggerations. Patel agrees that about and that this may leave people homeless 33,000 families in 193 villages of MP will when affected villages are submerged. be affected when the dam is built but he Furthermore, alternative agricultural land asserts that the key word here is is reportedly not being provided, and ‘affected’. where land has been allotted as in Maharashtra and Gujarat, it is uncultivable and inadequate!”

Even as the swirling waters of the Sardar Sarovar project threaten the villages in the Narmada valley, over 3, 000 farmers and Adivasis led by the NBA and its leader Medha Patkar, braved the heavy rains, launched the Satyagraha against unjust submergence and displacement on August 5 2006 at Rajghat, near Badwani,

These Narmada villagers have vowed to Madhya Pradesh. Despite betrayal by the drown rather than be resettled. (Photo government and other institutions of Source: Harikrishna/Deepa Jani for democracy, they resolved to continue and International Rivers Network ) strengthen their struggle for justice. Similarly, Satyagraha was launched at This does not mean that all the PAFs Bhitada (District Jhabua, Madhya will be totally uprooted, only that a large Pradesh) on August 6th and at majority of these PAFs would lose only Chimalkhedi (Maharashtra) on August 7th. their houses or houses, alongwith very The struggle carries on. little land. Their means of livelihood and socio-cultural environment would not be touched, as they may only have to shift their houses to a higher plane. - Priyanca M. Velath

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Women’s Rights – Against Rape and its her integrity of character. On June 17, as Torturous Legal System reported in Asian Age (26/07/06), a woman was raped in Badarpur by two Women have been fighting for their men unknown to her. The police went to rights for centuries and even today their her neighbourhood to enquire about her struggle continues. As victims of crime, character leading her to shift her women need special laws and policies as residence. “The absence of an eyewitness with incidents of rape rising at an alarming also calls the police to take a statement of rate, the failure to provide relief to the the accused and victim before the victims has become all the more magistrate under Section 164 Cr P.C so conspicuous. The agony of a rape victim that they do not backtrack from their is augmented by the callous behaviour of statements,” said Asghar Khan, a criminal the police, the social stigma and the lawyer. “Generally, this is ignored and mental trauma due to prolonged trials. overlooked by the police and its advantage is taken by the accused”, he The Delhi Police claims to help further added. rape victims in distress through “Rape Crisis Centres” in each district but the Women become even more usefulness of these centres are highly helpless when a heinous crime like rape is doubtful. Women’s organizations are committed by the intended law-enforcers demanding capital punishment for the i.e. the policemen themselves. The rape of rapists. However, what rape victims really a woman by a Delhi Police sub-inspector require is stringent implementation of the in July 2006 has raised questions about law. The Hetal Parekh rape case dragged providing fast track justice by prosecuting on for 14 long and arduous years. Though and punishing the rogues in uniform. the rapist, Dhananjoy Chatterjee was sentenced to death, it was nothing but a In an article in the Times of India derision of justice for her parents. (25/07/06), senior police officers said that Moreover, the conviction rate for rape fast track courts are the solution for all cases is very low. cases, irrespective of whether or not the accused is a cop. “The maximum police Thus for Rape Victims the legal can do is dismiss and arrest the officer. system is nothing short of being torturous. We have the power under Article 311 of As there are generally no eyewitnesses to the Constitution to dismiss errant a rape, the result of the case depends on policemen without conducting any enquiry the medical examination of the victim to a or seeking any explanation and this was large extent. The examination has to be done in the case of the crime branch sub- conducted within 22 hours of the incident, inspector. His dismissal ensures that he due to short sperm life and delays in many won’t be able to exert any pressure on the cases have confirmed rape but made it victim or any of the witnesses in the case”, very difficult to ascertain the identity of the said a senior police officer.

Lawyers like Ashok Arora feel that The National Commission for cases of rape by policemen should Women (NCW) is envisaging a definitely be expedited. “The onus in such scheme which if cleared will make cases ought to be on the police to either the state pay compensation for rape, punish the tainted within them or prove his a crime, which according to the innocence to refuse any claim of prejudice National Crime Records Bureau, is registered once every half-hour against him”. He also spoke of a particular case where a sub-inspector was suspended earlier but reinstated. “His rapist. Besides, most victims felt that after seniors should then be exposed as it is the traumatizing incident lay the uphill task clear that he hadn’t reformed himself of getting an FIR registered for which the before rejoining the force”, he said. Others victim had to first shrug off doubts about like criminal lawyer, Aman Sarin want

19 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 more radical changes and that cases could go upto Rs. 5 lakhs depending on involving a policeman should be her employment history and number of investigated by an independent agency. dependents. The first installment of Rs. 20,000 will be paid within three weeks of “A special court can be constituted application, which must include a copy of for speeding up such cases. The fact is the FIR and a medical examination report. that in rape cases the more a trial gets The guidelines say that, “The balance of delayed, higher the chance that evidence the compensation amount will be handed will be tampered with. Witnesses will be over the course of the year, subject to the influenced and eventually justice will elude victim’s cooperation with the police in the the victim. A swift trial, an independent trial of the rape accused”. The decision probe by an agency like the CBI and you will be taken by district-level relief & will notice how the errant cop will be rehabilitation boards set up by state nailed for sure. If an auto driver in governments and headed by collectors. Rajasthan can be convicted within seven The boards will also have monitoring days, why not a Delhi police SI?” committees to provide victims with legal, demands Sarin. Former trial judge Prem medical and psychological aid. A NCW Kumar agrees that heinous crimes like official said, states would be likely to get rape in which a policeman in involved funds for compensation from the Planning ought to be transferred to existing fast Commission and were considering putting track courts. the scheme on the 11 th Plan. - CDHR Team The Supreme Court in Delhi Domestic Working Women’s Forum Vs Union of India (1995 SCC (1)14) and others had directed the National The Right to Information Commission of Women (NCW) to evolve a “scheme so as to wipe out the tears of unfortunate victims of rape”. The Supreme Court observed that having regard to the Directive Principles contained in Article 38(1) of the Constitution, it was necessary to set up a Criminal Injuries Compensation Board, as rape victims besides the mental anguish, frequently incur substantial financial loss and in some cases are too traumatized to continue in employment.

So, in a heartening development, the NCW is envisaging a scheme which if cleared will make the state pay compensation for rape, a crime, which according to the National Crime Records Bureau, is registered once every half- hour. Girija Vyas, NCW Chairperson admitted that, “There was dire need to provide rehabilitation and relief for such The current debate on the extent to rape victims, especially minor girls”. which the public can access information

under the Right to Information (RTI) Act of According to this proposal, if the 2005 has thrown up some interesting victim is an earning member of the family, issues for an informed national debate. the family will get a compensation of Rs. 2 The focus of the current debate is the lakhs, and if she is not earning, then it will desirability of making notings on various be Rs. 1 lakh. Compensation for minor files public. The Central Information victims will be given to their guardians and Commission, the apex body under the if the victim is killed, the compensation

20 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1

Right to Information Act (RTI), had whether notings on files should be made interpreted the Act to include a citizen's public. According to him, this right right to get copies/inspection of file notings emanates from the constitutional containing advice and opinions given by guarantees. various civil servants. The government of India on the contrary, held that this right The Constitution of India was never included in the Act and moved guarantees, under Article 19(1)(a), to towards making an amendment to specify every citizen the freedom of speech and that the public cannot access notings on expression. In order to exercise this right files of governance, except for social effectively, one needs an informed public sector expenditure and projects. But the opinion. The right to knowledge includes move has been temporarily withdrawn on the right to information. The right to account of resistance from political parties information thus flows from freedom of and civil society. speech and expression. The RTI Act 2005 is thus not the repository of the right to The RTI Act has been an information, but merely an instrument that empowering tool for the public. The article lays down the statutory procedure in the of Vidya Subrahmaniam (Secrecy is dead, exercise of this right. The only reasonable long live secrecy’ in The Hindu, restrictions on the fundamental right to (30/08/2006) reports two incidents of free speech and expression are those ordinary people benefitting from the Act. under Article 19(2), which have a nexus Mazloom Nadaf, a rickshaw puller in Bihar to the interest of sovereignty and integrity who had to run from pillar to post on his of India, the security of the State, friendly plea for a home under the Indira Avas relations with various States, public order, Yojana in vain, finally succeeding by filing decency or morality, or relate to contempt an application under the Act. The Block of court, defamation or incitement to an Development Officer treated him with offence. Any curtailment on the right to dignity and gave him the cheque. In a information cannot be on grounds of similar case Nannu, a daily labourer from general public interest but only on grounds East Delhi who having done the rounds for laid down by law with nexus to the specific a duplicate ration card filed a complaint circumstances mentioned in Article 19(2). under the RTI Act seeking the names of The Magsaysay award winner officers who drove him round the bend. He Arvind Kejriwal in an interview with India got a swift invitation from the Food and Together (posted in www.indiatogether.org Civil Supplies office, where the officers on 7 th August 2006) has gone into the gave him tea and the ration card along problems with the proposed amendment. with a request to drop his complaint. At He says that the proposed amendment the ground level, the RTI story is a small permits file notings to the public only in success story. cases of 'substantial' social and development issues. The word The proposed amendment was 'substantial' has not been defined and it based on the contention that the prospect therefore has no meaning. What it would of public gaze on the functioning of the imply is that each time a citizen requests civil service will hamper its objective for file notings he or she will have to hire functioning. The civil service is supposed an advocate to argue his case of whether to advise the political executive and the the particular social or development issue prospect of a public scrutiny on its advice is 'substantial' enough to demand would deter it from taking strong positions transparency. Further, for any information on various issues. If bureaucratic file given, the name of the officer or reference notings are to be made public, the officials to any individual will be obliterated, which would tend to be non-committal. Mr. Arun means an end to transparency, as Jaitley, Member of Rajyasabha and senior government officers and politicians, even Supreme Court lawyer, in his article ‘Right if corrupt, will be shielded. to information: first principles and sound practices’ in The Hindu (24/08/2006) Vidya Subrahmaniam’s article also analyzes the source of RTI to judge reports that the Central Information 21 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1

Commission first allowed access to file on the positions available for notings in January 2006 in the Satyapal schoolteachers. The Village officials say case. The reasoning behind allowing file that they do not have the money to notings is: (1) file notings are essential to provide information to people. They point understand why the government came to a particular decision. Decisions are mostly based on recordings in the note-sheets and no file is complete without note- Village Officials point out that sheets having file notings. (2) a combined ever since the RTI Act came into reading of sections 2(f), (i) and (j) of the being, the poor have risen to RTI Act would indicate that a citizen has demand information from the the right of access to a file of which the file government and the government notings are an integral part. But the does not have the money to Department of Personnel Training responded to the Satyapal ruling by supply it putting up a website posting, unilaterally declaring file notings out of bounds of RTI out that ever since the Act came into applicants. The Ministries and being, the poor have risen to demand Departments cited this posting when they information from the government and the refused to disclose file notings to RTI government does not have the money to applicants. supply it. The Chief Minister of Chattisgarh has stated that the poor people are being used by the well to do persons, to get information free of cost from the government (the fees are waived for the poor below the poverty line). He also has demanded that the RTI Act needs to be changed to allow the officials to examine whether the requested information is useful for the person asking for it.

A recent study conducted by Centre for Civil Society ( Times of India, 19/10/2006) shows that most of the States in India lag behind in the implementation Loads of Information but for whom? (Photo of the RTI. All states, except Jammu and Source: indiadaily.org 2006) Kashmir and the Union territories have been ranked on the basis of RTI The unwillingness of the compliance. It was found that only 8 out of authorities to share the information them ranked above 50% in RTI together with the prohibitive cost of compliance. The survey also found that obtaining information is undermining the literacy levels have not impacted very purpose of the Act. India Together awareness level in states. States that (www.indiatogether.org 13/06/2006) have high literacy levels including Kerala reports a BBC news item showing the and Mizoram have lagged behind in the costs involved in getting information. A implementation of the RTI Act. farmer in Chattisgarh was asked to pay Rs 1,82,000 when he had asked for The idea that officials decide the information on paddy purchases in his utility of the information sought by an area. This amount was incurred for applicant under the RTI Act is photocopying the official documents preposterous and should not be allowed. relating to the purchases. Similarly, in There was a lengthy debate and another incident, a resident of Bilaspur discussion within civil society and with district, Chattisgarh was told to pay Rs officials and government departments 75,000 for information he had requested before the RTI Act was legislated upon. Moreover, the high cost of seeking 22 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 information seems to be a tactic of the officials to prevent more people from demanding information.

A recent study shows that most of

the states in India lag behind in the implementation of RTI. In the RTI compliance ranking, only 8 states ranked above 50 per cent in RTI compliance.

Can child labour in India be truly wished away? (Photo Source: un.org)

The Times of India (25/06/2006) A new government notification has also reports the irresponsibility of banned child labour in India. When it government officials in providing comes to exploiting children, India is one information. The Central Information of the worst offenders. A UNICEF Report , Commission has found in a case related World’s Children 2006, states that in India to BSNL that despite all information 17 per cent are under the age of 15 and required by an appellant being available at girls aged 12-15 are the preferred choice one place, BSNL had asked for a deposit of 90 per cent households to work as of Rs 9,810 for the man hours taken to domestic helps. Since its independence compile information from different offices. India has committed itself against child The Commission has also received labour and Article 24 of the Indian complaints about denial of information by Constitution states that, “No child below public authorities. The Association of the age of 14 years shall be employed to Indian Universities (AIU) had not only work in any factory or mine or employed in denied information to one Mr. Bal Krishan any hazardous employment.” but did not even bother to respond to his reminders. It was only when the Through a notification dated May Commission demanded an explanation, 26, 1993, the working conditions of that AIU clarified that it was not a public children in India have been regulated in all authority and therefore outside the employment, which are not prohibited purview of the RTI Act. The Commission under the Child Labour (Prohibition and has made it clear that any agency funded Regulation) Act 1986. Then the by the government and which has public government also prohibited employment functionaries on its board is considered to of children in occupational processes like be a public authority. AIU receives public abattoirs/slaughter houses, printing, funds through aid from HRD ministry and cashew nut descaling and processing, and its management board includes vice- soldering. The Labour Ministry has also chancellors of universities who are public prohibited government employees from functionaries and hence is a public engaging children as domestic help. Most authority. The Commission has asked AIU recently, the Union Labour Ministry has to provide information to the appellant or issued a notification under the Child face penalties. Labour (Prohibition and Regulation) Act, 1986. Under it, from 10 October 2006, children below 14 years of age, can - CDHR Team neither be employed as domestic helps, nor in dhabas (roadside eateries) or eateries i.e. neither work in residences or Ban on Child Labour in the hospitality sector and doing so will be an offence punishable with a fine of Rs.

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20,000 and/or imprisonment between two study by the NGO Butterflies for UK’s months to three years. Save the Children Fund, has revealed that these children, especially girls, are The Labour Commission in Delhi frequently abused, made to work long claims to have chalked out a plan of action hours at a stretch, beaten and even wherein Child Lines in all zones will be locked up, not given enough food, made sensitized, an advertisement will be to live in unhygienic conditions and are published informing the public about the even at times, harassed and molested by contact numbers of the Deputy Labour their employers. Commissioners in each of the nine districts of the capital. The Commission PLAN OF ACTION POST OCTOBER 10 asserted that once they receive For Delhi – information through any source, they Child Welfare Committee, before whom the would take care of the rescue and rescued children will be produced, to work rehabilitation of the child in question. out rescue and rehabilitation in next 5 days These rescued children would be NGOs to be intensively involved because of lack of staff, to arrange for transit temporarily accommodated in shelter accommodation after children are rescued homes and mid-way homes run by the and essentials like food, clothing, medicine, Social Welfare Department while the Child footwear. Welfare Committee (CWC) would look into Programme also to include counseling for their cases. But in reality, limited rescued children Creating awareness with help of RWAs and manpower and a shortage of shelter market associations, Bhagidari Cell also to homes is bound to hamper any zealous help out. rescue efforts by the government. Helpline (in this case Childline) to be Meanwhile, awareness would also be strengthened created though consultations with Advertisements, posters, banners highlighting punishment for child labour (Rs 20,000 as Resident Welfare Associations (RWAs) fine and imprisonment upto 2 years) and market associations. But the latter For Bihar, Jharkhand and West Bengal – allege that there was no interaction or Nodal Officers to Coordinate with Delhi and consultation with them. Thus, while on one provide escorts for children. They are also to provide transportation and security. hand, many shopkeepers are firing under For the first time, rehabilitation to focus on age children with this ban in lieu, on the monitoring and tracking rehabilitated children. other, there are still many others who are Each child to be monitored in home district not the least aware that such a notification and monthly reports to be sent to Delhi is coming into force. The Delhi Police Government. Liason with District Magistrates of these claims that all their police stations have states been notified and that they would initiate - Indian Express, 3.10.06 action against complaints, but they are also quick to point out that it is primarily a According to Butterflies, in a city labour department issue. The labour like New Delhi, 99 per cent of the child department has also prepared a complaint domestic workers are girls, 69 per cent of forum for citizens to report any instance of them have been abused and 32 per cent child labour to a court of law – be it at a of them have been sexually abused. neighbour’s house or an eatery. Though no exact figure for the total number of child workers in New Delhi The actual effect and exists, it is agreed that around 5 lakh implementation of a rehabilitation plan is children are employed in roadside dhabas bound to be skeptical as India has actually and residences across the city and their over 1.2 crore child labourers. The Labour dispersed condition actually makes their Ministry has asked state governments to rescue a bigger challenge. Besides, as initiate a coordinated effort to enforce the Joint Labour Commissioner Piyush new notification. Research over the years Sharma pointed out, “Earlier, child labour has shown that while most of the ‘dhabas’ meant children working in faraway and shops employ boys from the states of factories. The focus is now on posh, Bihar and West Bengal: the domestic middle class homes.” helps are usually girls from Jharkhand. A

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But NGOs are doubtful about how school drop out rates will decline. What is far the government would fulfill its truly needed is spreading more awareness commitment towards ensuring the so that people realise that they are children’s rehabilitation and education committing a wrong act in employing plans. Bharti Ali of the NGO, HAQ Center children to meet their ends. for Child Rights has expressed her fear that in the absence of proper Interestingly, states like Karnataka implementation of rehabilitation plans, the had made efforts to ban child labour much children may be left even more vulnerable earlier. In 2004, the Karnataka without a shelter. She said, “ The greater government had included a clause under danger is that these children may be the Minimum Wages Act prohibiting the pushed into more dangerous employment of children under the ages of circumstances by their employers making 14 in domestic work. This project, it more difficult for us to address the supported by UNICEF covering 16 wards problem”. But just the addition of these in the city of Bangalore has successfully two more kinds of work to the list of identified 1,000 children domestic helps hazardous work that already stands and rehabilitated over 50 per cent of them. banned under the law will not ensure the It has distributed Rs.13.6 lakhs as complete banning of child labour. This is compensation to 200 children through simply because the children employed in schemes like NSS and linked adults in residences and the hospitality sector their families to income generation constitute only 5 per cent of the 70 million schemes. Thus, critics say that the child workforce and the majority 85 per Ministry, presenting its strategies through cent of children working are employed in a new notification really had nothing new agriculture which is not banned. Besides, to offer. critics have pointed out that the mere addition of domestic labour and hotel - CDHR Team industry does not mean that the ban on them will work better than before. Enakshi Ganguly Thukral of HAQ has said that the basic flaw is with the law and in fact, HAQ has gone to the Supreme Court with the demand that the law be redrafted.

Other child rights activists echo this allegation that the whole Child Labour (Prohibition and Regulation) Act, 1986 is fallacious. Pradeep Narayanan of Child Relief and You (CRY) says that “The notification is as unenforceable as the law itself. Both suffer from ambiguity.” Besides, the law fails to clearly define the term ‘hazardous’ and entails a long process to establish whether a hazardous work has been involved in an offence. The notification also leaves out household manufacturing industries. Plus, the notification does not guarantee alongside that the children will be rehabilitated. Children continue to be employed in NGOs have worked out that on an hazardous industries like firecrackers, average the cost of rehabilitating 100 tobacco etc children is Rs. 6.17 lakhs. Besides, the notification is no guarantee that the children rescued from residences and ‘dhabas’ will go back to schools. Banning child labour is also no guarantee that

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On 6 July, The Hindustan Times , reported that while the Ministry of RIGHTS – COMMENTARIES Overseas Indian Affairs has issued licenses to 1,500 authorised recruitment agents who can send manpower abroad, officials claim the number of unauthorized Law to Crack Down on Human Trade agents involved in the trade are more than 10,000. The number, officials claimed, was growing rapidly as this was a low- Human trafficking and smuggling cost- high return business. Sources said are not just signs of states plagued by human smuggling has witnessed a sharp poverty, corruption and absence of law- increase in the last two decades with a enforcement but also realities that add to turnover of around Rs. 10,000 crores. An the complexities of international estimated 1,260 Indians are believed to immigration. Further, smuggling and have died in the process of being trafficking can undermine security. By transported illegally to foreign countries. definition, trafficked persons are victims of serious human rights violations. The need The Protector of Emigrants has to give special attention to trafficking of directed its eight zonal offices to launch a persons has been stressed both by the massive drive against the unauthorized UN Special Rapporteur on Trafficking in agents, once the new law is executed as Persons, especially women and children officials have claimed that Delhi, Mumbai, and by the Millennium Development Jalandhar, Ludhiana, Chandigarh, Goals. Chennai and Kochi have emerged as major centres for this activity. The Home The Indian Government has Ministry has reportedly agreed to set up a decided to bring in a stringent law on cell to curb the illegal trafficking of women human smuggling in an attempt to crack from within and outside India, with the down on the increasing illegal export of help of the Ministry of Women and Child manpower from India. The Ministry of Development. Interestingly, Pappu Yadav, Overseas Indian Affairs intends to amend an Indian gang leader, was arrested and the Emigration Act of 1983 to introduce a charged with human trafficking in Nepal separate provision on human smuggling on 8 August 2006. that will invite punishment of seven years and a fine of at least Rs. 25,000. The Ministry of Overseas Indian Affairs has Empowering the Girl Child and discussed the issue with the Ministries of Tackling Female Foeticide Law and Home Affairs since the new law will have to be implemented by the police along with the Protector of Emigrants, The sex ratio of India had dropped which is responsible for the welfare of from 976 women per 1000 males in 1961 Indians working abroad. Under this new to 927 women to 1000 men in 1991 and law, the police can take action under the again to 933 females per 1000 males in Emigration Act where the punishment will the 2001 Census. The age-old socio - be very severe. The Home Ministry has cultural preference for sons rather than also reportedly agreed to set up a cell to daughters combined with modern curb the illegal trafficking of women from technology has found an outlet in many within and outside India, with the help of clinics where illegal sex-determination the Ministry of Women and Child tests are carried out for a price. Development.

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hospital or maternity home starting from September 2006. This scheme, prepared by the Social Welfare Department of the Delhi government, was highlighted in the budget of 2006-2007 by Finance Minister, A. K. Walia. The scheme was aimed at enhancing the enrollment rate of girls in schools and the money will be given to the girls along with the interest amount, when she attains 18 years of age. But the long term fixed deposit can be encashed only if she has attended Class X as a regular student.

Make Development Basic Human Endangered?? India’s vanishing girl child Rights (Photo Source: hrln.org) th During his speech on 27 June The recent recovery of at least 15 2006 at the first session of the United aborted foetuses from behind a well Nations Human Rights Council in Geneva located private nursing home in Patiala Dr. Justice A.S. Anand, Ex-Chairperson, have sent shock waves across the state of National Human Rights Commission, India Punjab which is already fighting a losing has called for a paradigm shift from battle with an adverse sex ratio. Recent human development as seen in terms of events like these have prompted those in economic development to human power like Delhi Chief Minister Sheila Dixit development as a basic human right. It in expressing concern and announcing would be interesting to note that the Indian that the Government would tackle this National Human Rights Commission problem by not only supporting and (NHRC) was the only Commission invited carrying out a comprehensive public to make a statement at the Council. Dr. awareness campaign against female Justice Anand urged the Council to bring a foeticide, but also bringing about effective rights perspective to the center stage in legislation that could help provide a the debate over equality of opportunity. He foolproof system of auditing records of said that the objective of human rights is ultra sound diagnostic centres. the empowerment of people through human development. In an innovative attempt to change social attitude and educate people against Human rights are inter-dependent female foeticide, the Ministry of Women and inter-related and have a direct and Child Development has asked relationship with human development. spiritual leaders to speak against female According to him, the importance of the foeticide while stressing on the positive right to development needs to be attributes of women like ‘Shakti’ and emphasized, if the global inequalities are ‘Lakshmi’ in their discourses ( Times of to be eradicated. The universality of India, 27/06/2006 ). It is expected that the human rights demands eradication of positive portrayal of women would help global inequalities. There exists wide prevent the barbaric practice of killing girl disparities in different parts of the world children in the womb. and it must be minimized to ensure that minimum needs of everyone through out In addition the Delhi government in the world are met. He called for a gesture towards economically formulation of strategies to achieve this empowering the girl child, also hopes to objective and said that the potential of all introduce a scheme under which Rs. human beings should be fully realized in 5,000 will be deposited in the name of order to work for true human every girl child born in a government development.

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He also referred to poverty and Dalits being Denied Dignified said it is the biggest violator of human Treatment rights. Poverty has to be eradicated through the process of human The Times of India , on 23 rd June development. According to him, 2006 reported that a Dalit woman eradication of poverty should not be sarpanch (village leader) had been merely a development product but the paraded naked in Madhya Pradesh for not agenda for such a development product willing to pay the upper caste men from should include provisions of all basic the village development fund. It was amenities for the people. In such a charged that she being a Dalit would not development process, the beneficiaries know how to spend the funds. She also are empowered to participate in decision- had to face discrimination from the local making and the execution of schemes police when she went to lodge an FIR transparently and accountably and sharing against these men. After four days, she of benefits equitably. managed to register the complaint with the help of a MLA. He also quoted figures from Human Development Reports and showed Though Articles 14 and 15 of the that there exists massive inequalities, Indian Constitution guarantee equality particularly in the developing countries. before law, equal protection by the laws The prevalence of inequalities in such and non-discrimination on the basis of magnitude makes the enjoyment of religion, race, caste, sex or place of origin, human rights rather illusory. He said that the Dalits have been denied equal for the poverty-stricken people, the treatment on the grounds of their so called political freedoms would not have much ‘low origin’. They face discrimination from meaning as they suffer from social evils many quarters – from members of upper emanating from poverty. They can enjoy caste communities as well as from the the political freedoms only when their authorities. There have been a number of economic, social and cultural rights are incidents of Dalit women being paraded protected. naked and being raped by upper caste men; Dalits being socially excluded and He mentioned corruption as an prevented access to water and jobs and important factor having a bearing on the being subjected to primitive punishments. development debate, as it is a violator of The incidents of violence against the Dalit human rights. Good governance is not communities bear witness to the practice possible when there is corruption. He also of untouchability and discrimination mentioned the national conference perpetrated by our caste based social and organized by the NHRC on ‘Impact of economic system. corruption on good governance and human rights’. He said the idea behind the There was a public hearing on conference was to highlight the Dalit Human Rights Violations in importance of tackling the issue of Bangalore, India between 3-4 July 2006 corruption as it is seen to be one of the organized by the National Campaign on biggest drains of a country. Dalit Human Rights (NCDHR). They jury, consisting of Ms. Mary Ravindernath He also dealt with the issue of (Chairperson, State Women’s terrorism and said it is deeply hostile to Commission, AP); Mr. Bojja Tarakan human rights including the fundamental (Senior Advocate, High Court , AP); right to life itself. There can be no Judge. Chandrashekaraiah (Rd. District selective approach to deal with terrorism Sessions Judge); Ms. Prameela, Senior and there needs to be a united effort to Advocate, HC, Cochin, Kerala); Mr. C. fight the menace without compromising Chellappan (IAS Rtd, Former member of on the civil liberties of the citizens. National SC/ST commission) and

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Professor Samatha Desmane (Bangalore Visions for the Future”. The ISF was University) heard 52 cases of Dalit rights organized to protest against the process violations. of ‘neo liberal globalization, sectarian politics, patriarchy and militarization’ and They came from 4 states – Andhra its adverse effects. Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Pondicherry. Almost 50,000 participants across The offences that were heard can be various states in India and from other broadly divided into six categories – countries in South Asia, Africa, Latin offences relating to denial of human America and Europe are said to have dignity, individual physical assault, come together in this socio-cultural imposition of social boycott, crimes extravaganza of sorts. The World Social against women, rape and murder and Forum and its various events have often violence by police. been criticized as being a ‘foreign funded talk shop’ or ‘nothing more than a In the cases from all states, the carnival’. particularly gruesome nature of the violence stands out. In all the complaints, An all women panel including women in 14 cases, the FIR was not registered, in activists like Dr. Kamla Bhasin, Tulsi 35 cases there was no charge sheet, in 23 Munda and Ruth Manorama addressed cases the accused were not arrested and the opening plenary session of the ISF. were giving the victims/survivors, death There were more than 500 meetings, threats. In 41 cases, the compensation seminars, panel discussions, workshops had not been paid. Even in the cases that etc on various issues, including the were registered, appropriate sections implementation of the National Rural were cited. In most cases, rehabilitation Employment Guarantee (NREG) under the Act of SC/ST Prevention of Schemes, child rights, environment and Atrocities Act (POA Act) is yet to be development, displacement and urban initiated. The only case where conviction evictions, food security and right to food, could be obtained is under appeal. rights of marginalized communities like the Dalits and Adivasis, poverty, education, health, caste discrimination, right to livelihood etc. The India Social Forum 2006 The ISF accomplished the complex task of bringing together human rights and social activists, academics and students under one roof and creating an open space for them to interact and share their views and ideas on common issues of concern. Unfortunately, what the ISF failed to achieve is the way forward in this well-intentioned movement against the process of radical globalization. The ISF was an outlet for mutual exchange between the stakeholders in this struggle, but these exchanges become meaningless if the discussions and ideas After the Asian Social Forum at floated at the forum do not translate into Hyderabad in 2003 and the much talked action at the policy and legislative levels. about World Social Forum (WSF) at Mumbai in 2004, the India Social Forum Another aspect, worth appreciating (ISF) was held in New Delhi between 9-13 at the ISF was the door it opened for November 2006. The underlying theme of cultural exchange. The ISF made the ISF was “Building Another World: arrangements for the presentation of

29 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 street plays, movie screenings and 2006). It would be important to note that musical and dance performances at the serious issues of social concern cannot be venue at the end of each day. There were decided at a public forum like the ISF but performances, not only from performers it is on platforms like these, that effective from various states in India but also from dialogue is often initiated. other countries in South Asia and Africa. The ISF also saw some interesting cross- The popularity of meetings like cultural musical collaborations between these cannot be denied, as this is Indian and non- Indian performers. probably one of the few times that the so called ‘traditional mass movement’ in India Most of the meetings and found the occasion to converge under one discussions were general in scope and roof. The convergence however, was content to ensure easy understanding and more symbolic than actual, as the series appreciation of the issues at hand. of meetings, discussions and Several meetings were being conducted brainstorming sessions failed to give a at the same time at different venues, definite direction to the fate of the anti- which discouraged people from attending neo liberal globalization movement. many of the meetings. The ISF had many powerful speakers and activists like Medha Patkar, Aruna Roy, Vandana First Human Development Report Shiva, Sitaram Yechury, Jayati Ghosh, of Delhi Praful Bidwai, Jean Dreze etc who put forth their points of view on several issues The first Human Development that affect us today. But none of these Report of Delhi was released on 24 meetings or discussions fulfilled the task August 2006. In the report, the city of of paving the path for positive reforms in Delhi has emerged as quite an unsafe any of the concerned areas and remained place. Only 19 per cent of the total 14,000 merely rhetorical in many ways. households considered the city as safe and half of the respondents felt that the It is at times like these that one city was not safe for women, says the debates the effectiveness of public fora Public Perception Survey 2005, included like the ISF that operates with such a in the report to capture people’s broad social agenda in mind. While it is perception and their assessment of extremely important that social activists progress. across India be given a platform like the ISF for engendering dialogue and Only 6 per cent of the respondents communication amongst themselves, the felt that the work place was highly secure importance of such a platform is greatly for women employees and nearly 90 per undermined if the concerns raised at the cent felt that public transport was not safe forum are not made known byway of for women commuters. According to the suggestions or recommendations to the Survey, only 24 per cent felt that the Delhi public or the government. Many of the Police was performing its duties efficiently. proceedings at the ISF went unrecorded. The media failed to cover the event in its According to the Report, the entirety; while the media covered capital city led the four metropolitan cities meetings and workshops that had of India in crimes against women with 14 important persons as panelists or crimes against women for every 10,000 speakers, they ignored low profile persons. In Mumbai and Kolkata, this meetings that discussed important issues. count is just four, while in Chennai it is seven. However, civil society groups participating at the ISF agreed that there When it comes to basic public was a need for them to align and protest health facilities, the Report claimed that against anti-people policies of the Delhi had one of the highest aggregate government (The Hindu, 13 November

30 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 per capita daily water supply of around Ahmadi to review the PHR Act, but the 255 litres but the real problem was one of recommendations made by the Committee distributional equity as there was were not implemented. Human rights disregard for water as a precious activists have been demanding the review resource. Incomplete coverage, short of the PHR Act for a long time now. supply, unequal access, over-exploitation of ground water, deteriorating water quality and absence of adequate The Protection of Human Rights sewerage facilities are the many forms of (Amendment) Act 2006 (The Amendment) water crises in Delhi, as identified by the finally came into force in September 2006 Report. but leaves much to be desired.

Garbage disposal services have The achievements of the Amendment received the lowest rating across all localities with nearly 57 per cent of the Surprise jail visits - The NHRC has respondents rating the services as “poor” been empowered to perform jail visits or “very poor” and more than half the independently without the prior permission households (52 per cent) not observing of State Governments. This means that any improvement in the situation. they will be able to perform surprise jail

visits and make a better assessment of Nonetheless, the city continues to living conditions and treatment of be a favourite hub for its residents as an prisoners in jails across India. However, overwhelming majority of 82 per cent want these jail visits do not extend to detention to continue living in Delhi and nearly two – and interrogation centres of the armed thirds (62 per cent) rate its quality of forces. (SAHRDC, 2006) environment as acceptable. Also, around 55 per cent rate the government bus service as “good” or “very good” and Transfer of complaints to State almost 80 per cent of the respondents are Human Rights Commissions (SHRCs)- satisfied with the conditions of the roads. The NHRC can now transfer a complaint

to the SHRCs ‘from which the complaint However, the Report concedes arises’, so long as the said SHRC has that progress has bypassed, to a large jurisdiction to entertain such complaints. extent, for three categories of people living This will enable speedy disposal of in Delhi: the aged, the working and street complaints and better coordination and children and the disabled, who comprise cooperation between the NHRC and its around 5 per cent of the total population of state counterparts. While multiplying the Delhi. workload of the SHRCs, the amendment

has also restricted the number of The Protection of Human Rights members of the Commissions from five to (Amendment) Act 2006 three.

The Protection of Human Rights Act 1993 (PHR Act) was enacted to Compensation to victims and establish the Indian National Human prosecution of public servants - If a public Rights Commission (NHRC) and provide servant is found guilty of commission or for a comprehensive structure for the abetment to the commission of human effective functioning of the NHRC by rights violations or omission to prevent specifying procedures for membership, such human rights violation, during or on appointment, removal, term of office of completion of inquiry, the NHRC may members, powers and functions, investigation and inquiry of complaints etc. recommend payment of compensation to In 1998, the NHRC appointed a the victim or his family or initiation of Committee, headed by Justice AM proceedings against such public servant.

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The failures of the Amendment the NHRC, with regard to human rights violations by the armed forces, which is on Compliance with international a rise. The NHRC is barred from human rights standards - The definition of independently investigating into these “International Covenants” under the PHR matters and its role is merely Act has been expanded to include those recommendatory in this regard. international instruments that have been adopted by the United Nations General It remains silent with regard to the Assembly, as notified by the Central inability of the NHRC to investigate Government. This definition leaves it to matters involving human rights violations the complete discretion of the Central that are more than a year old. Many Government to include certain basic genuine and serious complaints cannot be international instruments within the brought before the Commission due to this definition and exclude some others. strict time limit.

The appointment process -The On the whole, the Amendment Act appointment process of the NHRC has pays lip service to basic international been under the scanner for sometime, standards like the United Nations especially after the appointment of Mr. Principles Relating to the Status of P.C. Sharma, former Director, Central National Institutions for the Protection and Bureau of Investigation (CBI) as a Promotion of Human Rights (Paris member in 2004. While the Supreme Principles) and has failed to effect a real Court upheld Sharma’s appointment as change in the PHR Act. It has only member of the NHRC, his appointment brought about piecemeal changes, which raises grave doubts about the eligibility are likely to have limited impact on the criteria for membership to the NHRC. For protection and promotion of human rights example, should a police officer, with no in India. human rights background or experience be a member of the NHRC? Scheduled Tribes (Recognition of Forest Rights) Bill 2005 It has also been argued that the appointment process is often politically Tribal communities in India continue motivated. The Chairperson of the NHRC to remain deprived of many rights. The is appointed by the President in Scheduled Tribes (Recognition of Forest consultation with the Prime Minister, Rights) Bill 2005 or Tribal Bill was drafted Speaker of the Lok Sabha, Home Minister, to fulfil their need for a comprehensive and Leaders of Opposition in both Houses legislation, one that would bring of Parliament and the Deputy Chair of the recognition to those rights which were not Rajya Sabha. In other words, members of recorded while consolidating state forests the government of the day or related to during the colonial period as well as in the government have a greater say in the independent India. The Bill essentially selection process and more often than seeks to recognise and vest forest rights not, such decisions are likely to be in forest dwelling Scheduled Tribes politically dependent. (FDSTs) with respect to forestland and their habitat. The conferment of additional powers to the Secretary General of the The Tribal Bill focuses on those NHRC, who is a direct Central FDSTs who have been occupying land government appointee, re-emphasizes the before October 1980 (when the Forest scope for greater government control over Conservation Act, 1980 came into force). the functioning of the NHRC. It delineates various rights for them like (a) living in the forest for habitation or for self Others - The amendment does not cultivation for livelihood (b) community address the lacunae in the PHR Act in rights such as nistar (the right of a relation to the limited scope of inquiry of resident of a village in respect of cattle

32 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 grazing and collection of jungle produce) relocated within 5 years, it could lead to a (c) right to own, use or dispose off minor loss of forests, which are crucial to the forest produce (d) conversion of forest survival of certain species of wildlife. village to revenue village (e) conversion of Besides, large-scale relocation could put pattas or leases issued by any local the FDSTs in a position where they could authority or any state government on be harassed. Also communities, who forest land to titles, and (f) other traditional depend on the forest for survival and customary rights. Customary rights livelihood reasons, but are not forest exclude hunting, trapping or extracting dwellers or Scheduled Tribes, are body parts of any wild animal. excluded from the purview of the Bill. Finally, the Bill specifies October, 1980 as Under this Bill, an FDST nuclear the cut-off period to determine eligibility family would be entitled to the land but it does not clarify the kind of evidence currently occupied, subject to a maximum that would be required by FDSTs to prove of 2.5 hectares and the land may be their occupancy. Thus the criticism of the allocated in all forests including core areas Bill is , “The way the Tribal Bill is rolling of National Parks and Sanctuaries. In out it will do away with forests, wildlife and these core areas, an FDST would be tribals….using tribals as cover, the mighty given provisional land rights for five years, of the city will pocket the forests using the within which period he would be relocated provisions of the Tribal Bill” (P. Devarajan, and compensated. If the relocation does ‘Leave the Tribals Alone’, The Hindu, not take place within the next five years 11/08/06) then he gets permanent rights over the land. The Gram Sabha is empowered to The JPC Report, submitted in May initiate the process of determining the 2006, had recommended that the rights of extent of forest rights that may be given to all forest dwellers should be recognized each eligible individual or family. and that the 1980 cut-off period for the recognition of forest rights be altered to Unfortunately, a lack of consensus 2005. While civil society activists have within the government on some of its key argued that corporates are putting issues is keeping the fate of the Tribal Bill pressure on the government not to 2005 hanging in uncertainty. Nonetheless, ‘recognise’ large tracts of forestland under civil society activists have been this Bill, conservationists have flayed the campaigning aggressively with high report and termed the JPC expectations that the process will be recommendations as the ‘death of Indian expedited. The campaign to table the Bill forests and green cover’. However, tribal in Parliament was led by a group of about rights activists have hailed the report as 100 tribal rights organizations from 11 positive for forest dwellers and urged the states under the banner of ‘Campaign for government to accept all the Survival and Dignity’. They have also recommendations. Fearing changes in been trying to persuade the government to these recommendations, the activists accept the recommendations made by the have asserted that this Bill merely intends Joint Parliamentary Committee (JPC), to recognise the land that is already being which studied the Bill. cultivated by the Scheduled Tribes. “We just want the government to recognise the Problems arise with the absence of land that the tribals are already using. reliable estimates of the likely number of That would ensure that they are not eligible families. No clear definitions of treated as encroachers”, Shankar terms like ‘livelihood needs’ lead to Gopalakrishnan, Secretary, Campaign for litigation and implementation delays. The Survival and Dignity said. Thus, sadly, the risk to existing forest cover too is doubtful fate of the tribals remains caught amidst because, if FDSTs in core areas are not this political crossfire.

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religion, economics and social adventures, RIGHTS – BOOK REVIEWS have all played their apparently divided roles.

Professor Baxi has grappled with The Future of Human Rights these in his book Inhuman Wrongs and Human Rights when he writes thus: – By Upendra Baxi “The moral monotheism of rights - talk is clearly disconcerting to received habits of Oxford University Press, New Delhi, 2006, pp. 339, Rs. 595.00 thought and traditions of social action. The essays in this, and the companion - volume, suggest in diverse contexts that what is problematic is not so much the enunciative explosion of rights, but our

reluctance to encounter it with means other than intellectual or moral fatigue, well-bred cynicism and alienating (and alienated) ethical critique.” This thought is captured differently when he writes now: – “To give language to pain, to experience the pain of the Other inside you, remains the task, always, of human rights narratology. If the varieties of postmodernisms help us to accomplish this, there is a better future for human rights; if not, they constitute a dance of Reviewed by R. Venkataramani death for all human rights.”

Any reflection on the contemporary With the publication of the book forms of struggles for emancipation under review, Professor Baxi has joined the club of those class of thinkers and cannot afford to ignore the emergence of writers who generate a set of a wide range of positions well taken and commentators. whose relationship with the rights dialogues of the past itself are A good deal of post-modernist problematic. Several issues of human writing is free from narrow doctrinaire or rights are apparently resolved. The ideological impositions. The search for a enormous amount of literature, on these global language towards articulating wide ranging positions and to a large freedom struggles of a variety of rightless extent propelled by the liberation issues of sections of the community is itself a the female is reflective both of the strains product of impoverished democracies and on human reason and its great capacity. disguised dictatorships. The struggle for These aspects come under Professor the autonomy of the human person Baxi’s scan in the following words: “An besides other requisitions to the alternative reading of histories, towards community as also a demand for the which this work hopes to make modest creation of necessary conditions for the contribution, insists that the ordinary recognition, acknowledgment and authors of human rights are people in promotion of that fundamental value. struggle and communities of resistance. While this struggle seems to be eternal, The pluralization of claims to “authorship” the extent of community preoccupation contests all human rights patrimonies, and with the contours of the struggle do vary interrogates the distinction between the and have always varied. Culture and forms of “progressive” and “regressive”

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Eurocentrism. …. We also, thus, discover ideas, has tamed justice and has become the truth that to the tasks of realization of an accountancy of rules.” human rights all people, and all nations, The bewildering cacophony of arrive as equal strangers: and that from human rights voices, sometimes through the standpoint of the rightless and structured state institutions such as Courts suffering peoples everywhere all societies presents another problem of adaptive remain underdeveloped/developing.” repression and one begins to wonder, whether in the everyday struggles and In the concluding part of the debates, human rights are at all a mistake. preface, two seminal warnings are Douzinas catches the point thus: “as narrated, one, the trade related, market human rights start veering away from their friendly human rights paradigm subverting initial revolutionary and dissident purposes the paradigm of universal human rights of as their end becomes obscured in ever human beings, and two, techno-sciences, more declarations, treaties and diplomatic as codification of new material practices of lunches, we may be entering the epoch of power. In a significant echo of Marxist the end of human rights and of the triumph language, Professor Baxi holds, “the task of a monolithic humanity”. now is not merely to understand these developments but to transform these in The legitimation, according to Baxi, directions more compatible with of extraordinary imposition of human competing notions of human rights future”. suffering in the cause and the course of the contemporary forms of imperialism, is The book however presents a seen as a paradigm shift seeking to valiant attempt to draw a bridge between cancel the historic gains of the universal the narratives in the preface and the human rights movements. It is an appeal discourses in the rest. It appears to me to convert diffidence of outcomes to that while the book is like a ship with ever detoxification of power centres. I find it, regenerating sails, it is informed by a however, difficult to proceed along with constant struggle with the proposition in Professor Baxi when he suggests that the postmodernity, that, “the idea of history as techno-scientific mode of production and a single unified process which moves the accompanying organic ideology towards the aim of human liberation is no threatens us all with the prospects of longer credible (see Giani Battimo “The rendering contemporary human rights End of Modernity”) and the desperations languages with obsolescence. If that is of the human rights shopkeepers and inevitably so, his endeavour to reflect on street makers. business ethics at the altar of human rights and to proclaim on the possibility of Professor Baxi is equally alive to obligations, albeit by textual corrections of the truth that political philosophy has some of the contemporary United Nations abandoned its classical vocation of norms, cannot be an enterprise in vain. exploring the theory and history of good society and has gradually deteriorated into The book is otherwise packed in behavioral political science and the pages, abounding in paraphrases ,rich in doctrinaire of jurisprudence of rights. That linguistic depth. They, however, will put is why like Costas Douzinas he is off a first generation student of human rights or even a curious bystander. What concerned, that “legal thinking has he deals with under the sub title “The abandoned transcendence, has Dense Intertexuality of Norms” in Chapter condemned natural law to the history of 9 of the book is precisely the problem

35 RIGHTS AND DEVELOPMENT Bulletin November 2006 Vol 1 Issue 1 encountered in his critical and sensitive was held at New Delhi in August 2003. endeavours to map a new point. Right to Development is one of the most discussed and contentious issues. After One school of thought proudly inadequate support in the 1970s, the proclaimed dialectical materialism as the concept of a New International Economic ultimate tool of all analysis. Its lofty claims Order finally got recognition in 1993 as are now part of the march of History. If Right to Development as a human right. human rights can claim to be a tribunal of This come back of the issues significantly history, what political and ethical utopias brought within its ambit, civil and political have to be ever present is a challenge rights on the one hand, and, on the other, posed by Professor Baxi. Will Human economic, social, and cultural rights, nature ever awaken to itself? indicating a growing recognition of the linkage between rights and development. The formidable challenges could Sadly, there is no consensus over an have been posed by him in language and exact definition of Right to Development thought accessible to the laity. as a concept.

(R. Venkataramani is a Senior Advocate of the Supreme Court, with a long record of The volume is divided into three engagement in Human Rights activities at the sections; An Introduction to Right to National and International Level; is honorary Development; Studies in Right to Counsel of the National Human Rights Development; and Social Choice and Commission spends time for the equality rights of the unorganized sector; and writes on legal Right to Development. Section I provides issues generally.) introduction to the concept of Right to Development in its theoretical and © The Book Review, June 2006 historical aspects. Section II contains empirical studies that throw light on various aspects of Right to Development Reflections on the Right to concept. Section III is devoted to two Development studies in the linkages of rights with the social choice framework. Edited by Arjun Sengupta, Archana Negi, Moushumi Basu

Sage Publications, New Delhi, 2005, pp. 366, Professor Arjun Sengupta was Rs. 650.00 Independent Expert on the Right to Development during 1999 and 2003, and his reports submitted to the UN Commission on Human Rights have given considerable support to issues under Right to Development. According to Sengupta, Right to Development is more than a sum of a set of rights. The value addition of the Right to Development framework includes viewing of development as a process facilitating the realisation of all human rights.

Among the more controversial aspects of Right to Development that Sengupta addresses are the basis for its claim as a human right, justiciability, monitoring, This book contains some of the resource scarcity, etc. While examining papers presented at the third workshop on the practical implementation of Right to the Right to Development Project, which Development, Sengupta points out that

36 RIGHTS AND DEVELOPMENT Bulletin November 2006 Vol 1 Issue 1 the duty of the international community to Centre for Development and Human cooperate in order to implement Right to Rights 2004: The Right to Development is absolute. The overall Development: A Primer responsibility of developing countries themselves to implement Right to Sage Publications, New Delhi, 2004, pp. 293, Rs. 720.00 Development is, however, not diminished even in the face of inadequate international cooperation. Sengupta makes an innovative suggestion towards building a cooperative relationship between the developed and developing countries in the form of a ‘Development Contract’ – an agreement based on mutual commitment and reciprocal obligations.

He identifies three basic rights, to food, health and education as a good starting point. Realising rights requires growth in resources, but growth must take place with equity and according to human rights Those who have followed Dr Arjun standards. Further, the focus should be on Sengupta’s writings in recent years would protecting the worst-off, the poorest and agree that The right to development: a the most vulnerable. Since poverty is the primer is a fitting culmination of his work worst form of violation of human rights, as Independent Expert to the United poverty eradication is essential to realising Nations on the Right to Development Right to Development. But the concept of (RTD). The ‘rights’ slant is not new to poverty is not restricted to income poverty, development studies; for over a decade, it extends to capabilities poverty. debates in reproductive health, indigenous

people’s rights and participatory

development have staunchly drawn on the Besides the paper by Arjun Sengupta, idea that human rights and development papers entitled, ‘An Essay on Human Rights Approach to Development’ by are inextricable. The primer, the initial Siddiqur Rahman Osmani, ‘Right to offering of the Centre for Development Development: Where are We Today?’ by and Human Rights, aims to set a Rajeev Malhotra, ‘Poverty and Inequality conceptual foundation for these linkages in India’ by Angud Deaton and Jean at a level that will prove insightful for both Dreze, ‘The Right to Development’ and the subject-expert and a lay audience. International Economic Regimes’ by Jayati Focusing on the themes of food, Ghosh. ‘The Right to Development and education and health because ‘they are Human Rights; A Social Choice Approach complementary to the non-derogable right to Implementation and Measurement’ by to life, which is the foundation of all rights’ Manimay Sengupta are other notable (p. 73), the book also examines the reality contributions. This book is a distinctly of the RTD within the legal and important contribution to understanding of institutional structures in India. Sengupta’s Right to Development primer traces the concept of RTD over a long line of development approaches; from strategies that maximized GNP to the Human Development approach, which emphasized development of individual Jayant Kher, ‘Realizing Rights’, capabilities along with growth. The Human Business India, 22 October 2006 Rights approach sought to provide individuals with a claim to realize the fruits

37 RIGHTS AND DEVELOPMENT Bulletin November 2006 Vol 1 Issue 1 of development and hold the State of realizing the rights to education, health accountable to ensure its availability. The or food occur, these are an oversight or RTD has evolved from these earlier inefficiency on the part of the state or approaches; RTD brings together agency concerned. The urge to simplify, development as a human right (in that unfortunately, obscures the reality that it is it is universal and indivisible), a rights the complexities that lead to failures in approach to development (that is, RTD. The right to development of one development must be inter alia equitable, group, for instance, is likely to encroach just, nondiscriminatory and participatory), upon the rights of another. Tradition and individual and group claims over both the culture are often a formidable challenge in outcomes and processes of development any interpretation of social change. In while simultaneously emphasizing India, one must not forget that the collective economic growth. This is a tall imperatives of the state’s development order. RTD clearly calls for an alignment approaches themselves constitute a of development policies and programmes violation of RTD. A similar oversight is with legal and human rights frameworks. evident when listing international RTD also links rights with duties; that instruments such as the Development states are endowed with the responsibility Compact or PRSPs. The ‘how to’ to ensure that conditions for development approach implies that these are benign are made available. These are instruments waiting to be activated for the challenging, if not inherently conflicting, benefit of the Third World; critics (see, for ideals. Nonetheless, it offers promising e.g., Craig and Porter, 2003) would argue parameters for development in the twenty- that these very instruments infringe first century. Without doubt, the book lives developing countries’ right to self up to its intent to be a primer on the development. The book also progressively subject of RTD. It is a very useful guide in relies on a human rights institutional and that it unravels with scholarly rigour what juridical framework for the effectiveness of has thus far been a disconnected morass RTD – what are limits here? What role do of vision, legal directives and scatterings the relationships between states, of public policy. The complement of the individuals, civil society, the market and conceptual overview with the other groups play in RTD? programmatic application of RTD in a country context provides a recognizable A lens that provides this higher- translation of vision into action. The latter level analysis would have augmented the part on India, in particular, nicely brings substantive claims that RTD is realized in together development trends in food its ability to be a vector, an interlinked and shortage, health care and education and interdependent unity. An in-depth case attempts to align the statistics with analysis of the Narmada Dam (briefly programme provision. The inset boxes touched upon in the primer) or the with news reports and legal case inconsistent development of Reproductive summaries lend a dynamic dimension that Health Policy in India would highlight that augments the presentation of theory and RTD is not merely a matter of more fact. It is, however, the finesse of its programmes or Enquiry Commissions. ‘primer’ approach to writing on a topic Rather, the layers of conflicting social, such as RTD that precipitates its own policy and development expectations shortcomings. The book follows a pattern often stymie the goals of RTD. The of listing collated facts – be it of existing concepts outlined in the initial chapters legal or programme provisions in a would have profited from a candid selected area. Admittedly, for the beginner analysis of limits of the concept of RTD: in the field this can be a blessing. The what are the constraints when trying to book does present the terrain of meaningfully represent this idea for development and human rights as a human development? Universality aside, simple aggregation of legal guarantees is there one notion of RTD that fits all or plus government programmes. It is are we to conceive of RTD as tempting to infer that where dysfunctions interpretations in localized spaces? And

38 RIGHTS AND DEVELOPMENT Bulletin November 2006 Vol 1 Issue 1 with what consequences? The chapters Members on women’s rights within the context of the larger purpose of the book appeared superficial and confounding. The book Dr. Arjun K. Sengupta would have been an apposite opportunity Chairperson, CDHR to glean an understanding (or generate a Rohit Sarkar debate) of a gender-based identity of the Special Consultant, Planning Commission and RTD. But, instead, the chapters on gender Secretary & Treasurer CDHR paid conventional homage to the various international and national human rights Pronab Sen instruments governing ‘women’s issues’ Vice Chairman, CDHR and ranging from citizenship to Sati , the Principal Adviser, Planning Commission practice of widow-burning; the direct links Pulin Nayak to RTD were unclear. These comments Professor, Delhi School of Economics could be misplaced for, as Dr Sengupta remarks in the Preface, there are Amitabh Mattoo ‘challenging’ domains within RTD that will Vice Chancellor, University of Jammu be tackled in further volumes. I, for one, Kanti Bajpai shall certainly await to see how the curly Principal, Doon School, Dehradun questions are addressed. N.J. Kurian

Director, Council for Social Development References S.P. Pal • Craig, D. and Porter, D. 2003: Poverty Former Adviser, Planning Commission reduction strategy papers: a new Jayshree Sengupta convergence . World Development 31, Senior Research Fellow, 53-70 . Observer Research Foundation *Rachel Simon-Kumar (Te Puni Kokiri/Ministry Rajeev Malhotra of Maori Development, Wellington, New Zealand,), Progress in Development Studies 5, 4 Development Economist (RTD), (2005) pp. 343–353 OHCHR, Geneva

Vikram Gupta Centre for Development Chartered Accountant and Human Rights Joseph Mathew Additional Economic Adviser,

Ministry of Finance The Centre for Development and Human Rights (CHDR) is, a research organization based at New Delhi and is dedicated to bringing theoretical clarity to the concept of Right to Development by integrating the academic disciplines of law, economics, international co-operation and philosophy. Advisers The Centre is involved in: • Raising national and international awareness that the Right to Development is a human right. • Networking with NGOs working on various aspects Professor Amartya Sen of development and human rights. Nobel Laureate, Harvard University • Examining implications of integrating a human rights perspective into existing development Professor Stephen Marks programmes. Harvard School of Public Health, • Undertaking research both independently and in Harvard University collaboration with other institutions. • Publishing monographs, reports and papers on development, public policy and human rights. Professor George Waardenburg • Organizing seminars and workshops on aspects of Emeritus Professor, Erasmus University, development, public policy and human rights. Rotterdam

39 RIGHTS AND DEVELOPMENT Bulletin November 2006 Vol 1 Issue 1

The Right to Development (RTD), a concept that The Right to Development (RTD) is a new and emerged in the 1970s, is one of the most debated and highly contested right. Its emergence is linked to the contentious issues in international relations. RTD builds demand for a ‘new international economic order’ by on the rights based approach to development, seeking developing countries. Composite in nature and to integrate the norms and principles of human rights integrating civil and political rights with economic, with policies and plans to promote development. Despite social and cultural rights, the RTD approach its importance for the world’s poor and dispossessed, a underscores participation, a fair sharing of benefits, great deal of definitional confusion still surrounds the transparency and non-discrimination. concept. The present volume explores the theoretical and This primer introduces the concept of RTD as practical aspects of RTD as an alternative to existing well as discusses its practical application in the Indian approaches to development. It brings together the setting. It is divided accordingly into two sections, the reflections and insights of some of the finest scholars first of which traces the origins and the evolution of the on the specific aspects of RTD. idea of RTD. This section identifies the defining parameters and content of RTD and focuses especially • Section I introduces the concept of RTD in its on the three rights – the rights to food, education and theoretical and historical aspects, and health – that have been identified as a ‘good starting explores its implications for development. point’ for the implementation of RTD. The last chapter in this section underscores the importance of women’s • rights in order to emphasize the need to focus on Section II contains empirical studies that throw safeguarding and promoting the human rights of light on various aspects of RTD/. These are an vulnerable groups. evaluation of Sri Lanka’s development process from the RTD perspective; an enquiry into the Part II covers substantially the Indian situation trends and characteristics of poverty reduction relating to RTD. The first chapter in this section provides in India; a case of public action and an overview of the legal and institutional mechanism in participation in Kerala; and the relationship India for the protection of human rights in general and between RTD and existing international women’s rights in particular. The next chapter examines economic regimes. the implementation of the rights to food, health and education. The last chapter in this section details the • Section III explores the theoretical functioning of Public Interest Litigation (PIL) – which has underpinnings of social choice theory and its emerged in recent years as an important mechanism for application to RTD. It draws attention to the securing social justice – and the challenges and problems involved in aggregating individual limitations of this mechanism. interests with social preferences. Providing a comprehensive, lucid and innovative synthesis of current thinking on RTGD, this An important contribution that enhances our book will be of considerable interest to human rights understanding of RTD and provides the basis for activists, government departments and planning further discussion and research on the subject, the agencies, and non-governmental organizations working volume will be of considerable interest to in the fields of development and/or human rights, while researchers in the fields of development studies, being of equal interest to researchers in the fields of human rights, law and society policy. development, human rights and law.

Centre for Development and Human Rights

Tel./Fax : 0091-11-26611126, 26518843

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