Insight April 2018 issue by IIJNM Bangalore

An IIJNM PUBLICATION

April 2018

Insight An Investigative Journal

The lost world of Hakki Pikkis

Picture credit: ScoopWhoop

Insight

Letter from the Editor Investigative journalism in India has had remarkable moments. The Bofors exposé by The Hindu in 1987 was a landmark moment. It was the first time corruption became a strong public concern and political issue. In 2001, Tehelka blew the lid off defence deals and match-fixing in Indian cricket. In January 2018, Rachna Khaira of The Tribune exposed how the Aadhaar data of a billion Indians was vulnerable. Investigative journalism is about seeking the best obtainable version of the truth, about unearthing matters of public interest that somebody somewhere wants to brush under the carpet. Though her work, an investigative journalist seeks to uphold ethical values. Reporters of Insight, an investigative magazine brought out by IIJNM students, have uncovered wrongdoing in social welfare, healthcare, civic affairs, and government agencies in Bengaluru. This issue has articles on the sale of banned drugs, the sale of Schedule H medicines without prescription, the dehumanizing practice of manual scavenging, and black magicians. Our reporters have also delved into the illegal diversion of domestic LPG cylinders to eateries, the ease with which people can get driving licences without appearing for tests, and profiteering from low-cost water dispensed at kiosks across the city. The cover story throws light on the Hakki Pikkis, a tribe uprooted from forests – their natural dwelling – and forced to live in a settlement outside Bengaluru. The government has failed to rehabilitate them adequately, and not done enough to enforce laws meant to protect them. We hope you enjoy reading this.

Naandika Tripathi

April 2018

CONTENTS

Rehabilitation only in name

Arlene Mathew

Profiteering in water

Tushar Goenka

Theft of a precious resource

Saloni Kothari

Unregulated sale of Schedule H drugs

Naandika Tripathi

A ban that is only in name

Rachel Dammala

The preferred cylinder is red

Ritika Gondhalekar

No succour for manual scavengers

Rayan Mitra

A racket in driving licence

Sanjana Raina

Beware quick fix providers

Rimjhim Gour

Insight

COVER STORY

Rehabilitation only in name

The plight of the Hakki Pikkis, uprooted from forests, reveals failure on the part of the government, says Arlene Mathew

April 2018

coercive approach to integrating tribal communities into society has ruined the lives of the Hakki Pikkis, a happy-go-lucky nomadic tribe that migrated from Gujarat to southern India years ago. The tribe is still reeling from the consequences of a so-called rehabilitation by the government over 60 years ago. It has left them vulnerable and unfairly compensated. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (also known as Land Acquisition Act) and the Scheduled Tribes and Other Traditional Forest Dwellers Act, 2006, (also known as Recognition of Forest Rights Act) formulated for rehabilitation following land acquisition, were grievously ignored in case of this forest community, sections of which still struggle to find a livelihood. Bereft of traditional sources of livelihood, they are losing control over their lives. Once hunting was criminalized, the community was pushed out of forests, their natural dwelling. The “rehabilitation” of 15,000 Hakki Pikki families in Karnataka in the 1950s and 1960s ended their nomadic way of life. One site they were moved to was a 350-acre land provided by the government near the Bannerghatta National Park, on the outskirts of Bengaluru. Members of the Hakki Pikki and Iruliga tribes live there. Most have not been able to find jobs or any permanent source of income. Many in the community have taken to begging. “Our people have made a way of adapting to situations. A few of us have even gone to other countries, and learned the way of life there,” says Division, a member of the Hakki Pikki tribe. The tribesmen once hunted birds and sold trinkets and ornaments made from their feathers in the villages they passed through. Some even travelled abroad, making a living selling medicinal herbs. “If they are going to move us out of our homes, the least that they can do is provide us means to make a living. We have been taken out of the forest, where we knew how to survive. Hunting or collecting medicinal herbs, we were well versed in what we did,” says Depot, a member of the community. “Either give us work or send us back to our homes. That is all we ask.” Extremely well versed in the ways of the forest, the Hakki Pikkis quick-

The relocation of the community has left them dependent on the government for their livelihood ly adapted to the terrain they lived in. But attempts by the government to resettle the tribe in the fifties and sixties threatened their survival.

History of the Land Acquisition Act

he Land Acquisition Act, which came into force on March 1, 1894, governed all land acquisitions in India till 2013. The Act was mainly meant to help the British acquire land for building railways, roads and canals across the country. It was preceded by much lawmaking by the British. The news website Livemint gives a vivid description of the Land Acquisition Act over the years. After independence, India continued to use the same law, which prompted the rural development ministry to start the process of amending the Act in 1998. A Bill to amend the Act was introduced in 2007 by the Congress-led United Progressive Alliance government. It called attention to the largescale displacements that happened in

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the guise of land acquisition, and asked for a Land Acquisition Compensation Disputes Settlement Authority to be set up at the states and the Centre. However, the bill fell through in the Rajya Sabha, and had to be later reintroduced in 2011 as the Land Acquisition Rehabilitation and Resettlement Bill. The main focus was on compensation to the affected population, emphasizing the rules and regulations within which a fair land acquisition must take place. The concept of rehabilitation as opposed to forceful relocation was highlighted in the Bill. The Bill was finally passed in 2013. It later became a law on January 1, 2014.

A dependent community

he Hakki Pikkis who have been relocated to near the Bannerghatta National Park are, in the most part, happy. They are glad they have land to live on, and a roof over their head. They seem to overlook the lack of clean drinking water, the

absence of proper livelihood, and the dilapidated condition of their houses. The sad part is that they have become accustomed to their living conditions, arriving at the conclusion that some intervention from the government is better than none at all. “We get water from two borewells that supply the 300 houses in our colony,” says Manjula Mahaveera, a 24-year-old woman from the colony. “We used to have wild elephants come in and destroy our houses before, but now that the government has helped construct barricades, we do not face that problem any longer.”

Despite having forests and fields nearby, most of the villagers go work in the city as labourers. The women stay home. The colony has both Hakki Pikkis and Iruligas. “Owing to a shortage of water, the only thing we could cultivate is jowar. Now even that is dying out,” sighs Lingamma, a 64-year-old woman from the Iruliga community. Pointing at a dilapidated house across her own tiny hut, she says: “The houses for us were built in a hurry. The walls and the roof are extremely weak. Recently, this building, which housed a

family of four, collapsed. While the two children survived, the parents passed away.” Though they were forestdwellers, people of the community are not allowed to graze their cattle in forest land.

Government thoughtlessness

“W

hy should we expect them to adapt to our way of life? They were thriving in the forest, doing what they do best. It is only their resilience that is still sustaining them,” says Madhu Bhushan, a women’s rights activist with Vimochana, who has been helping to rehabilitate the Hakki Pikkis across Karnataka for years. Madhu Bhushan began her work with the Hakki Pikkis in the late 1980s, when she came with a friend to help ensure that ration cards were given to the relocated community, and to supervise the construction of mud houses for them. In the initial days, the land was still with the forest department, and not handed over to the revenue department. Over 30 years hence, the government order mandating the release of land to the Hakki Pikkis and Iruligas still remains with the revenue department. It has not been amended yet. “In the earlier days, the community had a con-

The Hakki Pikkis use unclean water for drinking (top); a building constructed by the government for the community lies in ruins 6

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UNUSUAL NAMES

Manjula Mahaveera, a 24-year-old woman from the Hakki Pikki colony, runs a small shop frontational relationship with the forest department and police. The authorities had a preconceived notion that majority of the community were poachers. Adding to the already mounting unrest, in the 1990s, land mafia set its sight on the land,” says Madhu Bhushan. “Over the years, intervention from NGOs and others has helped the Hakki Pikkis settle down on the promised land. The community at Bannerghatta is in a much better state than it used to be in before, but they still require a push to sustain themselves. They still do not have proper ownership of the land,” she adds. It has taken years for the community to reach the position it currently is in, owing to the support from various NGOs and individuals. However, their living conditions are still poor, with there being no proper water reservoirs or employment opportunities. They still struggle to make ends meet. The condition of their houses and muddy roads is a testament to this.

Failure of ‘rehabilitation’ laws

he Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act has provisions to provide fair compensation to those whose land has been taken away. In principle, the Act is supposed to ensure rehabilitation of the people by the body responsible — be it the government or a private company. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act secures the rights of forest dwellers to the land, minor forest produce and community resources they have historically enjoyed. The ruined lives of the Hakki Pikkis are a testament to the failure of these laws, and the vulnerability of many such nomadic communities living on the edges of the modern world. Many of these communities, such as the one in Belur taluk in Hassan district, have been protesting for years and demanding suitable land for their reha-

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Depot, Division, Orange, Japan, Wagon and High Court are the names of some elders of the Hakki Pikki community from north Karnataka. As highlighted in the documentary Sikkidre Shikari Illdidre Bhikari, based on the Hakki Pikkis, these names were a result of the British influence in India in the late 1930s and 1940s. The cheerful Hakki Pikkis have named themselves after commonly heard English words. bilitation. The situation has also forced many from the community to move to unauthorized government land, leading to forced evictions. “They have a simple request: Either formulate a law that permits them to stay in the forest and sustain themselves in a manner they are well versed in or teach them to survive the urban way of life,” says cinematographer Vinod Raja, who worked on the documentary Sikkidre Shikari, Ildidre Bhikari, which is based on the life of the Hakki Pikkis. The plight of the Hakki Pikkis reflects a corrupt approach to infuse tribal communities into a heterogeneous society. In the absence of suitable rehabilitation policies or enforcement of laws designed to protect them, the Hakki Pikkis have been abandoned. The question remains as to why the community is still unable to reap the benefits of a law that was passed for communities like theirs many years ago. Official agencies brush aside their demands and tries to hush them. The state has clearly failed the Hakki Pikkis.

Profiteerin

Inexpensive water from RO kiosks in Bengaluru is bei

ealizing the need for potable water, political parties in Bengaluru have made arrangements along with the Karnataka government to provide clean drinking water at subsidised rates. These kiosks, funded by MLAs or (in some cases) the state government, have been set up in almost all BBMP wards. These reverse osmosis (RO) water kiosks, which till recently sported huge pictures of the local MP and MLA (they were taken down when the Model Code of Conduct came into force), dispense water cheap. A litre costs Re 1, while 20 litres is priced at Rs 5. The supply of inexpensive and clean drinking water is a big help to people who would otherwise have relied on unreliable sources, making them vulnerable to water-borne diseases. But there is a flip side: Some people profiteer from the facility, negating the idea of setting up RO plants to supply

inexpensive water. People and shopkeepers close to these kiosks collect water, package it, and resell it commercially. They are helped by the lack of a cap on the amount of water that can be collected by a single person. They collect water in huge jars that have labels of well-known brands. But for the cap that lacks a proper plastic seal, it looks like “branded water”. The water is sold in 20-litre jars or in smaller quantities – even in half-litre bottles, for Rs 7. It makes for an astronomical profit to a person who buys 20 litres for Rs 5. Manjesh, a private water distributor who operates from a small cellar in the Jnana Bharathi area, refused to reveal where he gets water from. But he claimed it was purified. “A container of 20 litres will cost you Rs 25, Sir. Plus, a payment of Rs 100 as a refundable deposit for the container” He usually sells these jars for Rs 30,

Jars are filled at reverse osmosis plants and further sold without plastic seals; (right) water overflowing from a storage tank at an unmanned RO plant 8

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he said, but reduced the price by Rs 5 when Insight said they were required in bulk for a school programme. When Insight enquired about the brand, he stated: “Royal Aqua, Sir. You need not worry, fresh and clean water.” He supplies water to shops in the area. He has a shamiana in which he stores these water jars. The price Manjesh quoted for a 20litre jar was half of renowned brands, making his “Royal Aqua” claim difficult to believe. The jars Manjesh sells only have an easily removable cap; there is no plastic wrapper over it. The kiosks dispense RO-treated water that is safe for consumption. Each kiosk has a glass enclosure that has a small apparatus to treat water. After treatment, water is channelized to an outlet. People can buy water by depositing coins into machines on the exterior. No currency notes are accepted. Each kiosk has one person employed

ng in water

ing used to make easy money, reports Tushar Goenka to monitor the collection of water. Yellamma, who was filling a jar, told Insight:: “This is one of the most remarkable measures by our MLAs. Nowhere will we get water this cheap. We had to earlier wait in queues to get water from water tankers or cement tanks. That was not very clean, but now we get this for a cheaper price.” Shantinagar MLA N.A. Haris claimed to have spent a significant chunk of his funds on setting up reverse osmosis plants in his constituency. Haris’ personal assistant Murthy explained: “All the 22 RO plants under the Shantinagar constituency are funded under the MLA LAD scheme. We channelize MLA funds in order to help the public.” However, “not all are funded by MLAs; there are some that are funded by the government of Karnataka”. When Insight informed him about the profiteering in water, he said: “We in-

stall these plants for the benefit of all the people. Once we install these plants, we cannot keep track of who is doing what with the water they buy. People who purchase jars for Rs 40 should be aware of the RO plants and the rates they charge.” When asked about the racket, K. Venkataswamappa, PA to Karnataka home minister R. Ramalinga Reddy replied: “No such cases have been brought to our notice.” About the cost, he said: “There is an initial outlay of around Rs 8-10 lakh to set up a plant. There is no significant cost after that. The amount collected from these plants is used to take care of maintenance charges, if any.” Aked about the source of water, Venkataswamappa said: “These plants get water from borewells.” When Insight approached Ramalinganna, the caretaker of an RO plant in Jnana Bharathi, with a “bulk order”, he said: “We are not allowed to collect and sell water. I am just the caretaker of this plant. You can get your jars and collect as much water as you want.” “You can take jars on rent from shops nearby and ask them if they can help you out with your bulk order. They usually reduce the rates in the case of bulk orders.” Some residents do not know that there are RO plants near them. Like Nishita Challa, a resident of SG

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Palya. “I have college and assignments throughout the day. My apartment security guard knows some shopkeepers nearby. He delivers jars at home, and we pay him Rs 80.” When Insight informed her about a kiosk 600 meters from her dwelling, she said she was not aware of it. She was surprised to learn that water costs far less at the kiosk than what she pays. A lot of water is wasted while filling containers at kiosks, and pumping water to overhead tanks. For instance, at an unmanned kiosk in Uttarahalli, the pump is switched on and forgotten. Once the overhead tank is filled, water overflows at 20 litres a minute.

amesh Shivaram, secretary of the Forward Foundation, said: “The only solution to reduce profiteering racket is to not provide subsidized resources. Let people earn what they want to use. Once you start a freebie or a subsidized product or service, there will be no stopping that as people get used to subsidized rates.” He alleged that the Bangalore Water Supply and Sewage Board (BWSSB) chlorinates water only in a select few areas. “The BWSSB’s chlorination scheme is a scam. If water is not treated, then people do not have access to potable water.”

Theft of a precious resource Illegal and unmetered connections on Bengaluru’s outskirts deal a crippling blow to BWSSB, writes Saloni Kothari

The Indian Express

Illegal water pipelines exist across the city, but even BWSSB officials find it difficult to detect them

t a time when several areas of the Greater Bengaluru are still without Cauvery water, theft of huge quantities of water is hampering the BWSSB’s effort to provide new connections. Complaints of water theft have been registered at the Thalaghattapura, Kodigehalli and Viveknagar police stations. Police are working closely with the Bangalore Water Supply and Sewage Board (BWSSB) in dealing with the thefts. BWSSB officers conduct spot verifications and register FIRs, after which a chargesheet is filed against the accused, and the matter goes to court. Many such complaints arise from the neighbours of the accused parties. They directly write to the BWSSB chief engineer. Manjunath, a head constable at the Viveknagar police station, who confirmed that there are many illegal connections in Ejipura, where people collect water from connections not registered with the BWSSB. Cases that are registered at the police station are under the BWSSB Act, 1964. Section 108A of the BWSSB

Act states that: “(1) Whoever dishonestly obtains water supply through illegal connection or tampers meter or uses tampered meter in any manner resulting in non-recording or wrong recording of consumption of water or damages or destroys water meter/apparatus so as to prevent accurate metering of water consumed, shall be punishable with imprisonment for a term which may extend up to three years or with fine; or with both.” A retired board official revealed that the BWSSB is understaffed, especially on ground. The BWSSB vigilance squad, set up to identify illegal connections in the city, now has two members as against the stipulated five, a member of the squad said. There have been cases of double connection – people taking another connection without a meter. Abul Hassan, a crime writer at the Viveknagar station, confirmed receiving cases from Ejipura, 20th Cross. “Most of the cases have come from that area. Households steal water from well-established BWSSB pipelines in nearby areas. They tamper with the

April 2018

connections at midnight.” Since last year, the BWSSB has lost nearly 40% of its revenue. One major reason for this is decline is water thefts. “There is a loss in revenue to the BWSSB due to illegal water connections. People do not want to pay, so they steal water,” Chandrashekhar, technical assistant to the BWSSB chief engineer, informed Insight. Records at the Thalaghattapura police station endorsed what the crime writer revealed: water thefts had occurred in Anjunapura, Thippasandra and Narayanagar.

senior BWSSB officer said thefts occur in K.R. Puram, Bommanahalli, Mahadevapura and other areas on the city’s outskirts. “People supported by politicians take illegal connections. We have also seen cases of big hotels having such connections. It is very difficult to identify them.” The officer added: “There is a possibility that our employees might be joining hands with them for money. They also help them to get illegal

connections.” He praised the Karnataka Power Transmission Corporation Ltd for having a system that allows it to check electricity thefts. The water board is lax in this regard. Who controls the city’s private water tankers?

ens of thousands of Bengaluru homes depend on private tankers for water. But there is no one agency to regulate the activity, Insight found. Section 108A of the BWSSB Act says: “(2) If it is proved that any artificial means or means not authorized by the Board exist for consumption or use of water by the consumer without being recorded by the meter, it shall be presumed that the consumption or use of water has been dishonestly made by such consumer until contrary is proved.” A BWSSB official stated that the BBMP deals with private tankers. But BBMP chief health officer Lokesh M.N. said the matter does not come under the jurisdiction of the civic body. Though, the tankers should come under BBMP, given that the operators indulge in a trading activity. There has been an ongoing debate on who should con-

trol the private tankers. A retired BWSSB officer said: “A Bill to define whether the private water tankers should be under the geology department or the BWSSB was proposed, but it has not come yet.” A private tanker operator in

Bellandur said that he sources the water from a borewell. A different operator who is based in Indiranagar stated the same. When Insight asked them about the digging of borewells, both did not have a valid answer.

Tens of thousands of households depend on private water tankers Insight

Unregulated sale of Sche

All over Bengaluru, these medicines are sold over the count

our years after the Indian Pharmaceutical Association recommended that the sale of Schedule H drugs without prescription be restricted, they are still sold like overthe-counter medicines. Most of the pharmacies that Insight, IIJNM’s investigative magazine, visited, handed Schedule H medicines without even asking for a prescription. In 2014, The Indian Pharmaceutical Association (IPA) introduced a plan to the government regarding restricting the sale of Schedule H drugs over the counter. Schedule H drugs encapsulates a list of drugs that can be sold only on the prescription of a registered medical practitioner. As per a notice on March 16, 2006, by the department of health under the ministry of health and family welfare, there are a total of 536 Schedule H drugs. A general physician from Rajarajeshwari Nagar said: “All Schedule H drugs are not supposed to be sold without prescription, except for OTC (overthe- counter) drugs like cold medication and paracetamol. Antibiotics, diabetes drugs, anticonvulsants, sedatives and hypnotics should not be given without a doctor’s prescription. These medicines need doctor’s prescription before they are consumed because the patient

may suffer from serious and unwanted side-effects. Most educated Indians do not complete the medicine course prescribed to them. All Schedule H drugs come with a red line on the cover. One major problem is that the government supports non-allopathic practitioners who prescribe allopathic medicines without proper dosage or proper duration. Only certified pharmacists should dispense these drugs as per the rules.” Om Sri Maruthi Medical & General Stores in Rajarajeshwari Nagar have this reporter azithromycin tablets, used to treat bacterial infections, without a prescription. When asked for a bill, the pharmacist wrote a doctor’s name. The Pharmacy Act, 1948, clearly states that a pharmacist must hold a degree or diploma in pharmacy or pharmaceutical chemistry, or a chemist and druggist diploma of an Indian university or a state government. Under the Pharmacy Act, a statutory body called the Karnataka State Pharmacy Council was constituted. The pharmacists’ oath states that the pharmacist shall follow the system which they consider best for pharmaceutical care and counselling patients. Padma Medicals in Indiranagar sold Azax 500mg Tab (azithromycin) without demur. When asked for a bill, the

pharmacist asked for the doctor’s name. He wrote on the bill the made-up name provided by the Insight reporter. MedPlus pharmacy on New Thippasandra Main Road sold amoxicillin, an antibiotic and Schedule H drug, without a prescription. Amoxicillin is used to cure various types of bacterial infections such as bronchitis, pneumonia, gonorrhoea, and infections of the ear, nose, throat and urinary tract. There was no pharmacist at the store. After making the purchase, this reporter asked the person at the counter how he sold a Schedule H drug without being given a doctor’s prescription. He replied that most customers don’t bring a doctor’s prescription.

ortis Pharmacy outside Fortis Hospital at Cunningham Road refused to sell diazepam, a Schedule H drug used to treat anxiety disorders, alcohol withdrawal symptoms or muscular spasms, without a prescription. The pharmacist suggested this reporter go to any other pharmacy because it would be easy to get it without a doctor’s prescription there. It was very easy to buy amoxicillin at the pharmacy attached to Primecare Multispecialty Clinic in Fraser Town. Cash Pharmacy, at the junction of

A well-known pharmacy, at the junction of St Marks Road and Residency Road, was ready to sell ciprofloxacin without a prescription 12

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edule H drugs in the city

ter —without doctor’s prescription, says Naandika Tripathi

St Marks Road and Residency Road, was ready to sell – without a prescription – ciprofloxacin, an antibiotic used to treat urinary tract infections, acute uncomplicated cystitis in women, and other conditions. The side-effects of consuming this medicine are nausea, headache, vomiting and rash. Dr Ramanand T, a general physician, explained there are certain drugs which should not be given without a valid prescription by a doctor. For example, Restyl tablet, a sedative. These drugs are dangerous because they can be misused by people who want to commit suicide. When a person takes an overdose of such tablets and dies, the pharmacist who sold them is questioned. If it emerges that the pharmacist sold the medicine without a doctor’s prescription, his licence is cancelled. “These days, doctors are very careful while prescribing drugs to the patient. They don’t prescribe more than two or three medicines so that there is no misuse by the patient.” Jaivardhan Jeph, who practices in the Delhi High Court, said: “In India, the sale and purchase of drugs are mainly regulated by the Pharmacy Act, 1948, which is only a regulatory Act and sets guidelines to be followed by all pharmacies. The second is Drugs and Cosmetics Rules, 1945, which contain provisions for classification of drugs under given schedules, there are guidelines for

the storage, sale, display and prescription of each schedule.” Jeph added: “We can clearly see that the present laws are unable to tackle the growing problem of substance abuse, and sale of drugs without prescription. Both state and central governments should formulate plans and create a strong law regarding the same.” Dr Mukesh T, an orthopedician at Sparsh Hospital, said Schedule H drugs are those drugs which are not available over the counter. In orthopaedics, codeine and morphine, used for pain relief, are habit-forming. “Once patients have these drugs, they feel like having them again and again. It gives them a good feeling. The patient does not feel pain anymore, and feel high in a different sense. That is the reason why these medicines are not allowed to be sold over the counter. Pharmacists in India sell Schedule H drugs without insisting on a doctor’s prescription. This should be stopped,” Dr Mukesh added. A lawyer who practices in the Gujarat High Court said the existing regulatory framework regarding the sale of Schedule H drugs without prescription is loosely regulated. India lacks strict laws to curb such sales of drugs. Judicial intervention is called for. Recently, the Bombay High Court cancelled the licences of chemists who sold Schedule H drugs without prescription.

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“Both state and Central government should formulate plans and create a strong law regarding the same like certain opioid medicines should be regulated by NDPS Act 1985 and IT Act 2000 should be amended so as to deal with online pharmacies properly” –Jaivardhan Jeph, a lawyer practising in the Delhi High Court. Dr Karthik, a pharmacologist, concded that at many pharmacies Schedule H drugs are sold over the counter. This can lead to adverse effects for the patients. As per the Drugs and Cosmetics Rules mentioned in Central Drugs Standard Control Organization (CDSCO), Schedule H drugs will not be sold without the prescription of a registered medical practitioner.

t Frank Ross Pharma, Malleswaram, the pharmacist sold Lobazam tablets, used to control seizures. He refused to give a bill because there was no prescription. He later agreed to make a bill when this reporter offered to provide the name of a fake doctor. Jeph said: “The punishment in India for selling Schedule H drugs without prescription is termination of licence of the particular pharmacy through the judicial process, but the matter reaches there very rarely. It is very important to evolve a new mechanism so that lives can be protected” The Indian Pharmaceutical Association was unavailable for comment.

A ban that is only in name Pharmacists capitalize on their customers’ ignorance of the ban on fixed drug combinations, discovers Rachel Dammala

The list of banned drugs includes popular medicines like D Cold, Benadryl and Vicks Action 500 Extra, but these are sold over the counter all over the city

n March 2016, the Union ministry of health and family welfare banned the sale of at least 344 fixed drug combinations. As per the notification, “On the basis of recommendations of an expert committee, the central government is satisfied that it is necessary and expedient in public interest to regulate by way of prohibition of manufacture for sale and distribution for human use of said drugs in the country.” Some of the popular drugs that were banned include cough medicines like D Cold, Phensedyl, Benadryl and Corex, Nimesulide and Vicks Action 500 Extra. The government order sent the pharma industry into panic. However, most of these drugs are still sold over the counter in Bengaluru. Of the 17 medical shops that this Insight reporter visited, 13 sell most of these drugs. All of them sell drugs with

Nimesulide as their main composition. Corex and Benadryl are still sold without prescription; only two pharmacists asked for a prescription when asked for Corex and Phensedyl. When asked about the ban on these drugs, three chemists claimed that they did not know about it. They would, however, change their stocks if a ban indeed existed. However, one of them said that as long as “demand” exists, he would continue to “supply”. “I don’t mind giving my customers these medicines for temporary relief if that is what they come looking for in my shop. I have loyal customers, they trust me and know I mean no harm,” he added. In March of 2018, Indian health ministry banned the sale of over-thecounter topical preparations containing steroids and antibiotics in order to “prevent the indiscriminate sale of

April 2018

these without prescription”. “In a notification issued on March 23, the ministry has put 14 steroid-based creams and ointments under the Schedule H category by making amendments to certain Drugs and Cosmetics Rules, 1945,” according to a report in The New Indian Express. The decision was reportedly taken after consultation with the Drugs Technical Advisory Board that asked for a ban on the sale of such creams without prescription and had also submitted their recommendations to the Central Drugs Standards Control Organisation. This move came after various dermatologists complained that pharmaceutical companies were selling steroidbased creams and ointments to patients who used them without any expert guidance. The creams which have been banned include alclometasone, beclom-

ethasone, desonide, desoximetasone and flucinonide.

he sale of these drugs can be traced to the demand-supply issue. Most citizens are clueless about the ban and continue to buy and consume these. With a demand existing, chemists have no qualms about selling these banned items. Sheetal Reddy, who works in Bengaluru, said: “No such information was available in the public domain. I did learn about the sale of D Cold and Benadryl being banned, through a Facebook post. Regarding many others being banned, I never knew.” “I once went to a medical store to ask for a tablet for my headache and was given Nimesulide. When I told my aunt, who is a doctor, that I had bought this, she asked me to immediately return the tablet and take a paracetamol 500mg instead. It was only later that I got to know that Nimesulide was harmful and banned in India,” said Renee Malhotra, a student in Bangalore. “We have used these tablets at least once and know that they provide immediate relief. So we go back to buy them again, not giving a thought to what their side- effects are. People need to be made aware about these things that matter so much,” Malhotra added when asked about the rampant use of D Cold and Vicks Action 500. Dr Giriprakash Gattu, a Hyderabad doctor, said: “For small issues like headaches and cold, patients don’t want to come to us for consultation and treatments. They would rather pay a tenth of the consultation fee to buy a tablet

Of the 17 medical shops visited, 13 sell most of these drugs. All of them sell drugs with nimesulide as their main composition; two pharmacists asked for prescriptions for Corex and Phensedyl and be fine with it. We doctors won’t deliberately prescribe banned drugs.” Dr Ramesh Babu, a general physician at the KC General Hospital, Malleswaram, has a different insight into the issue. He claimed that Bengaluru, despite well developed and more literate in comparison to other places in Karnataka, has a lot of quacks. “These (fake) doctors know which medicine cures what; and don’t bother about their side-effects or their sale being banned. All they care about is getting paid,” he said. And because they charge less than other doctors, people visit them.” Asked why these drugs were banned despite giving fast relief, Dr Babu explained: “The chemical combinations in these drugs are harmful and, in most cases, give rise to deadly side-effects. Dr Gattu agreed: “Medicines are meant to

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act slowly yet steadily. Immediate relief is only temporary cure.”

espite the ban, there are other drugs being sold in India which are no longer available in other countries around the world. Painkillers like propoxyphene, oxyphenbutazone; drugs for the brain like Thioridazine, Pergolide, Pemoline; and other drugs like phenolphthalein, Nandrolone decanoate, Furazolidone, Nitrofurazone and Cerivastatin. These drugs were banned around the world for their various side-effects like liver toxicity risks, heart valve problems, and cancer risks. Even daily commodities that most Indian households would have, like Vicks Vaporub, are banned in most other countries for their side effects.

The preferred cylinder is red Huge difference in prices of domestic & commercial cylinders leads to illegal use of the former in eateries, says Ritika Gondhalekar

llegal diversion of subsidized Liquified Petroleum Gas (LPG) cylinders to eateries is causing a supply crunch in many areas of Bengaluru. “I have a Bharat Gas connection. They always make fake promises, saying that they will deliver the cylinder within three days of the order being placed. But I don’t remember a single time when they have taken less than a week for delivery,” says a frustrated Sayan Ghosh, a resident of Electronics City. “Sometimes the cylinder arrives 10 days after placing the order. I don’t

know why it takes so long for them to deliver,” he adds. Several other Bengalureans say that they have to wait for a long time to get their refills. Kalpana Goenka, an Indane gas consumer in Sanjay Nagar, says: “A cylinder is delivered 10 to 15 days after I book it. According to Indane’s norms, it should be delivered within seven days.” The main reason for the delay in delivery to domestic consumers is the illegal supply of refills to commercial outlets. Despite a ban on the use of domestic LPG cylinders for commer-

cial purposes, their use in restaurants is rampant across Bengaluru. Section 3 of the Essential Commodities Act, 1955, includes petroleum and petroleum products in the “essential goods” category. Section 7 of the Act clearly states that any person who violates any of the rules mentioned in Section 3 can be jailed for a year and is also liable to pay a fine. The nature of the punishment varies according to the severity of the offence. Insight found various food outlets openly using red domestic cylinders instead of the blue, commercial ones. “I

A shop on V V Puram food street has placed domestic, red cylinders out in the open 16

April 2018

A restaurant on M G Road uses domestic cylinders for its commercial purpose run a Total Gas Agency. I sell red cylinders to almost all food outlets here. I give them for a bit more than the actual cost,” says Venkatesh of Rajajinagar.

he huge difference in the prices of domestic and commercial LPG cylinders is the biggest reason behind the restaurant owners using the former. The domestic refills cost less because the government subsidizes them. A non-subsidized domestic cylinder weighing 14.2 kg costs Rs 654, while a subsidized one costs Rs 486.50. On other hand, a 19-kg commercial cylinder costs Rs 1197.50 –83% more than a non-subsidized domestic cylinder. A 5-kg non-subsidized domestic cylinder costs Rs 240, and a subsidized one costs Rs 180.50. A commercial cylinder of the same volume costs Rs 337. Shahir, owner of FR Bakery on 100 Feet Road, Indiranagar, says he gets Indane’s red cylinders at home and brings them to the bakery. He makes tea and coffee on the red cylinders. The owner of Funjabi, a famous restaurant on Church Street, got tense when this Insight reporter, posing as a law student, asked him which company’s connection he uses in the eatery. “If you are a law student, why do you want to know so much. We use red

cylinders, but they can also be used in commercial places if they are of greater volume. So we are not doing anything illegal,” he claimed. Many eateries in Cottonpet, Kumbalgodu, Russell Market and Majestic use domestic LPGs. Shops that are on VV Puram’s popular food street have red cylinders, attached to their stoves, placed on the road. The owners say: “We don’t want to reduce our profits. We don’t find it risky

“Inspectors come once a month or sometimes once in two months. We pay bribes or, when we are tipped off, just remove the red cylinder. Using red cylinders reduces a lot of our expense,” –Shahir, owner of FR Bakery, 100 Feet Road, Indiranagar. Insight

or dangerous enough to use household cylinders instead of those expensive blue cylinders.” Officials in the Rajajinagar food inspector’s office said that food outlets violate rules despite timely checks by them. “Cylinders of six shops have been seized this year so far in the Rajajinagar area by the food and civil supplies department,” said the food inspector Sheelarani.

G Balakrishna, a partner at Indo Gas, said 17 shops were closed last year and notices issued to 29 others. “The numbers don’t show the real picture. There are many more than these. Many people get away as they have strong political backing or are rich enough to pay penalties.” “Another problem is corruption; many officers take bribes and let these people use domestic cylinders,” he said. Balakrishna suggested that the government consider changing the colour of subsidized cylinders in order to differentiate them from non-subsidized domestic ones. Illegal diversion of domestic LPG cylinders for commercial purposes is happening right under the nose of the food and civil supplies department. The government agency does not seem to be up to its task of enforcement.

No succour for manual scavengers in the state

Civic bodies get them to do filthy jobs, but deny compensation when they are taken ill or die, finds Rayan Mitra

n its reply to an RTI application in April 2017, the ministry of social justice and empowerment claimed that 239 of the 726 reported manual scavengers in Karnataka had been rehabilitated under a self-employment scheme during the past three years. But the reality is quite different. The 2011 census revealed that there were 15,375 identified manual scavengers in Karnataka. Of these, 289 were identified to be in Bangalore. A mere 1.5% of the manual scavengers in Karnataka have been rehabilitated. The census further revealed that 13.6% of households in Karnataka needed human effort to remove excreta. Karnataka practices what Gandhi called the “national shame of India”. Manual scavenging is a reality in technology hub Bengaluru. Government contractors routinely hire manual scavengers to do work that nobody wants to do. Only dalits are employed. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, bans their hiring and seeks to rehabilitate the people involved in the practice.

Harsh Kugwe, a journalist who has extensively worked on this issue, told Insight: “The main problem lies in civic bodies denying the existence of the practice, and refusing any compensation to manual scavengers or their families. It is tough to figure out the actual population involved in this practice.”

People for whom I went down into filth every day are not even taking our calls. It is better to die than live like this. –Krishna, who died on April 27 after suffering multiple organ failure due to manual scavenging April 2018

he rehabilitation procedure depends upon execution, “which terribly fails in this country,” Kugwe added. The budget for the Self Employment Scheme for Rehabilitation of Manual Scavengers, which includes financial help, fell nearly by 98% because of low utilization. From a budget of Rs 448 crore in 2014-2015, it was increased to Rs 470 crore in 2015-2016, but has now been reduced to a mere Rs 5 crore in 2017-2018. Just Rs 56 crore was spent in these four years. “There are many policies which seek to prohibit the practice, but their implementation fails consistently,” K.B. Obalesh, state convener, Safai Karmachari Kavala Samithi, said. According to the organization, the number of manual scavengers is much higher than the number the government projects. “The number projected by the government makes no sense; it is far from the reality. The truth is that they have been neglected in the aspects of caste hierarchy and social dignity.” The major problem is identification of manual scavengers. Obalesh blamed

bureaucrats for this, and said manual scavengers can be identified and rehabilitated if there is a will to do so. According to an article in The Times of India, statistics provided by the Karnataka State Commission for Safai Karmacharis show that 68 people died while cleaning manholes, dry latrines and sewage pits across Karnataka in 10 years since 2008. Most deaths are regarded as accidents. Activist Shakuntala said: “The government tries its best to not recognize these people as manual scavengers. I have seen more than 30 young men dying after getting involved in manual scavenging. The situation is getting worse by the day.” Krishna, 25 has worked as a manual scavenger in and around Nayandahalli for eight years. Though his work had left him with multiple-organ failures, he had not yet been identified as a manual scavenger. “We can’t take him to hospital as we don’t have money, and there is no help from the government. Hospitals ask for

Rs 30 lakh. If help doesn’t arrive fast, we can’t save him,” Shakuntala said.

ith a family of five, Krishna was bedridden for a year. Devoid of proper treatment, he seemed to be slowly approaching death. When Insight met him, Krishna broke down. “Nobody has ever cared. People for whom I went into filth every day are not even taking our calls. It is better to die than live like this,” he said. His elder brother shared: “He was very young when he started manual scavenging. He would get intoxicated before starting work as he said it helped him divert his mind from unbearable stink of human feces. He is now facing consequences of the practice.” Mani, another manual scavenger, opened up after some persuasion. “My legs are infected. I am no longer able to work. Neither the contractors nor the government has ever talked about my treatment. Who should we go to? The contractors even threatened us all of

dire consequences.” Y.J. Rajendra, president of the People’s Union for Civil Liberties thinks only mechanization can put an end to manual scavenging. “Barely building toilets won’t help. Toilets should have proper mechanized cleaning techniques, which will save hundreds from the curse of this practice.” The BWSSB is criticized because its contractors hire manual scavengers to clean sewage-treatment plants. “The BWSSB has 40 huge treatment plants. Around 400 people are employed in these. These workers are literally swimming in human excreta,” Clifton Rosario, an advocate and activist was quoted as saying by Deccan Herald. The water board refused to comment on the issue, citing the assembly elections. The Hindu reported on March 7, 2017, that three men employed by a BWSSB contractor died after entering a manhole at C.V. Raman Nagar. In 2018, six manual scavengers have died in while working.

Krishna, 25, the manual scavenger who died on April 27, leaving behind a family of five devastated Insight

A racket in driving licence Touts in the vicinity of RTOs make it easy for people to get licence irrespective of whether they know driving or not, says Sanjana Raina

According to a study carried out by the Save Life Foundation, an NGO, 59 percent of the people in India do not appear for a test to get a driving licence

o not know driving wheeler without a DL is Rs but want a licence? 300; it is Rs 400 for a similar For a DL, you need Sweat not, you can violation with a four-wheeler. still get one. As per rules and A vehicle may also be seized • Four passport-size pictures regulations of the Regional in case the magnitude of the Transport Office, to obtain violation is huge. In case of • Class X marks card (photocopy) a driving licence (DL), one under-aged driving, the fine • Address proof (photocopy) has to first get a learner’s liis Rs 500 with heavy action cence (LL) which is valid for against vehicle owners.” • Aadhaar/voter ID for identity proof 30 days. After LL lapses, one (photocopy) can appear for a test to get outs swarm RTO ofa DL. To get a DL, one has fices across Bengalu• A written test- LL (optional) to submit certain documents ru. They are at statio•A visit to an RTO for biometric nery shops, and give a test and an online in photocopying formalities (mandatory) test that is mandatory as per facilities and at photo stuRTO rules and regulations. dios. They can ease the pa• A driving test-DL (optional) Touts promise you a DL perwork for you and get you even if you do not know the direct entry into RTO offices basics of a vehicle. They have to get a DL. Two crucial documents are optional if contacts in the right places According to a study caryou approach a tout and find ways in which you ried out by the Save Life can skip the tests and appear Foundation, an NGO, 59 directly for biometric procepercent of the people in dures. However, you will have to cough suggests an increase in the number of India do not appear for a test to get a up an amount that is eight times the drivers without a driving licence till DL. In Bangalore, 48 percent of the official fees. Normally, you would pay February 2018. The fine for driving DL holders had not appeared for the a maximum of Rs 800 for a DL and without a licence can range between test required to get the licence. In addian LL. People who want to circumvent Rs 300 and Rs 500 with or without any tion, 82 percent of the people in India procedures pay between Rs 5,000 and further implications. feel unsafe while travelling on roads or Rs 7,800 for a DL. C. Krishnaiah, a traffic police con- crossing them. Bengaluru City Traffic Police data stable, said: “The fine for riding a twoThe Times of India reported that 6 out

April 2018

of 10 license holders in India did not take driving tests.

ismissing the findings of the study, Umakant Bhat, chief statistical officer, Koramangala RTO, said: “These findings are fake. We do not issue a single DL without proper tests and formalities. All the DLs issued here are after all tests and checks. My own daughter applied twice and failed; only the third time did she get a DL after passing the test.” Whether you belong to Bengaluru or not, getting a duplicate licence made is a snap. Siddiq Shariff of motor driving training school at Indiranagar said: “It is not a problem if you have lost your driving licence issued in Delhi. You can get a DL in Bengaluru that will cost you Rs 2,200 including a learner’s licence.” He, however, insisted on documents. “You need to bring the electricity bill of your hostel and a passport-size photo.” You can get a licence made even if you don’t have papers to prove where you stay. Syed Jafar, owner of a photocopying shop in the BDA complex housing the Koramangala RTO, said: “To get a driving licence, you will have to give Rs 5,500 for everything. You just need to come for the biometric procedures

and the final picture. You don’t have to stress over the test. If you have your house agreement papers, it would be great; otherwise, I will make them ready for you, myself.” Even with proper papers, many citi-

NO SHORTS A person cannot enter an RTO cabin for tests if he or she is wearing shorts. zens end up paying extra. A person from Mumbai who moved to Bengaluru ended up paying Rs 7,800 for a DL. Going through the official route would have cost her Rs 800. Touts, who know officers in RTOs, are on the lookout for such people. Rachael Mones shared: “I recently shifted to Bengaluru and paid a total of Rs 7,800 to get a DL. I have all the documents and learned how to drive from an institute.” These agents are said to have other “sources” apart from acquaintances in cabins. They also have an understand-

ing with drivers who pass candidates who drive on the 8-shaped tracks. Venugopal T, an LIC and vehicle insurance agent, told an applicant: “Bring your Aadhaar card, address proof of your current residence and your 10th grade marks sheet. You will still be required to appear for the test in the Ullal RTO. Do not worry, our driver will be there. You just need to go for one round. Even if you are unable to drive, our driver will be there. He will take care of everything.”

eceptionists at RTOs are ever helpful. A receptionist at the Koramangala RTO, a police constable, promised help and gave this Insight reporter different rates. The less one knows driving , the more one has to pay. “Since you do not know how to drive or ride, it will cost you Rs 5,000 for all the procedures involved. I have to get approvals from three officers. I know the signing police officer personally. I guarantee that you get a DL.” When Insight spoke about an imaginary person who knows how to ride a bike but can’t drive a car, he said: “That would cost you Rs 4,000. Do not worry about the paper work, I will get all the signatures required.”

Beware of quick fix providers Online black magic specialists have been conning people; they stop responding after receiving money, discovers Rimjhim Gour

t is said that India is a country where the business of fear knows no recession. From ancient times, Indians have turned to practitioners of black magic and occult. With the advent of the Internet, these providers of “instant solutions” opened websites to lure the gullible. From helping you to get loads of money to bringing back your lost love, these godmen and godwomen claim they can solve any and every problem you mention — for a sum. Recently, a 22-year-old dentist from Jabalpur contacted a Maulana Faruq to patch up with her love interest. “Babaji told me that a lady had thrown a spell of vashikaran (mind control) on my boyfriend, and that is why he is drifting away from me. He asked me to deposit Rs 6,000 in his

Punjab National Bank account to cancel the effect of magic, and promised me to bring him back within a week. I sent him the money as I was ready to go to any extent to have him back,” the dentist informed Insight. A week passed, but the boyfriend didn’t return. “He asked me to wait for a week and assured me that my boyfriend would definitely come back to me on the seventh day. On the seventh day, Babaji informed me the spell thrown on him was quite complex and needed a stronger counter-spell. For it, he demanded another Rs 7,000. By then, I had figured the person was a scamster,” she said. The time demanded by “love specialists” to deliver results can vary from one hour to more than a month. All of this depends on the intensity of the

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problem, they say. Ruqsana Begum, the owner of www. astrologerbegum.com and self-styled witch, says she needs 11 days to resolve people’s problems through her spells. During a conversation with her, Insight discovered that she charges Rs 9,000 to “cure” infertility by cancelling spells of black magic. “On the day of your marriage, a godman used your clothes to bind you in his curse of infertility. Give me 11 days. With my powers, I will bless your womb with a baby. Get intimate with your husband when I ask you to, and then see the results for yourself,” Ruqsana told a woman who approached her. A baba from Punjab claims to possess supernatural powers to solve his clients’ problems. He asked this Insight reporter, who pretended to be a heart

broken woman, to buy chocolates and send him Rs 4,000 after doing so. After this ritual, he said, her boyfriend will think of her every moment of his life.

uy a chocolate and hide it in your purse. Meanwhile, I will throw the strongest vashikaran spell on your boyfriend. As soon as I do that, the chocolate will disappear from your purse and your boyfriend will come back running to you,” he promised. Insight also found posts against these people on an online complaints board. “A person is running a fake website in the name of providing solutions to the problems of people through astrology. But after receiving payment, he stops attending calls. He has taken the payment of Rs 4,000 and now not picking up the calls”, complained a person who

identified himself as Binny. Insight found that the domain name blackmagicguruincanada.com expired on March 26, 2018. Another person wrote: “Kenn Ali and his blog are fake, 100000% fake. Don’t be a victim to him. He has arranged all fake testimonies to attract people. Don’t give a single penny to this person. He is bloody cheat of Bangalore and has cheated thousands of innocent people. He often changes his no. And has many police complaints against him.” Claiming to provide quick fixes, these people scare potential customers by telling them that a black-magic spell has already been cast on them or their dear ones. The next step is to ask for their pictures on WhatsApp with their date of birth and other such details.

Self-proclaimed black magicians try various tricks to scare customers and make a quick buck 22

uch cases are put under the scanner of the IT Act. Most of the times, people do not file complaints against these conmen. Once they do, we take action to gather evidence. Punishment depends on the severity of the case,” an official of the cyber crime police said. Jinendra Khanagavi, DCP Crime, Bengaluru, said: “First, we book the complaint of the victim who fell prey to an online fraud. After that, we try to trace where they lost their money and how much. Once we get to know this, we freeze the bank account of the culprit and then arrest him. Later, all of the money is returned to the complainant. The detention period might differ according to the severity (of the offence). A monetary penalty too, might be levied on the accused.”

The business of black magic is thriving on the Web, with legal mechanisms unable to check it

April 2018

THE INSIGHT TEAM Naandika Tripathi Saloni Kothari Arlene Mathew Rayan Mitra Rachel Dammala

Tushar Goenka Sanjana Raina Ritika Gondhalekar Bhakti Makwana Rimjhim Gour

Special mention

Saket Tiwari and Debanjali Kabiraj (for their help in laying out the pages); Kaustav Roy (for graphics) For internal circulation only Insight

April 2018