Vol 8 Issues 2/3
Regn. no. MAHENG/2004/15104
www.ngoconnect.org
A ‘SHAKTI’ PROJECT
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May-June, July-Aug, 2011
“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality.” – Desmond Tutu
I n d i a ’ s Fi r s t N G O N e w s ta b l o i d CONNECTiNG NGOs must support India Against Corruption “ A battle we must not lose “ - Pritish Nandy Let us just look at the issues over which the battle between the Government and us citizens is being fought. And then let’s decide where we want to stand, each one of us, on the issue of corruption. The first question is: do you think a corrupt Government can fight corruption on its own, and within its own ranks? If your answer is no to that, then we need to create an independent institution to fight corruption. Right? Well, that’s precisely what Anna is asking for. He is asking for a Lokpal that the Government cannot influence or manipulate. This is the first battle. The second battle is over four things. One: Should the Prime Minister come under the purview of the Lokpal? Almost everyone I know thinks he should. A honest Prime Minister wouldn’t care. A dishonest one must be supervised. Two: Should Members of Parliament come under the Lokpal? I have not met a single person till date who thinks that our MPs are so honest that they need not be supervised. My guess is if a referendum is ever taken, Anna will get a 100% yes to this question, given what people think of our politicians and the standards of probity in public life. The third question is even more obvious: Do all public servants need to come under the Lokpal? India’s answer will be yes, yes, yes. Every day, in every area of our life and work, we are constantly harassed, intimidated and extorted by corrupt Government officers. The poorer you are, the worse is the torture. So yes, every public servant, every Government officer must come under the Lokpal. Question four: Who should give permission to file an FIR against a corrupt judge? If the Lokpal can look into corruption charges against the PM, the MPs and Government servants, isn’t it only logical to expect it to do the same against judges? The third and final battle is over an even simpler thing: The Citizen’s Charter. Should every Government office have such a Charter which will clearly state which officer will do what work and in how much time? And should an officer who refuses to do his work in time or asks for a bribe to move a file be punished? Anna believes that officers not doing their work in time amounts to corruption and must face the same treatment. Isn’t it rather obvious what India thinks about this? ...Every Indian will endorse the idea of a Jan Lokpal as Anna and his team have envisioned it, with the help of thousands of Indians who have contributed online to the process of drafting the bill. …. And what if there are charges against the Lokpal? Well, there’s a provision there too. You can go straight to the Supreme Court and seek justice out there. ——. This is possibly the most corrupt Government we have ever had. It has good reason to be scared.
Civil Society shows its Power seen necessarily as two sides of the same coin. R&R must always, in each instance, necessarily follow upon acquisition of land. Not combining the two “ R&R and land acquisition “ within one law, risks neglect of R&R.
The many faces of Civil Society
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t’s a concept that defies definition… the varied forms civil society has taken over the years, and it’s still not clear who qualifies as a member. Tune in to the national conversation since Anna Hazare went on fast for the Lokpal bill in the first week of April, and the impression is inescapable: Civil Society is here. It will take on the Political Class and/ or Government on behalf of you and me. That impression of coherence across neatly drawn battle lines is misleading. It hides the sheer number of different stories that have been told about “civil society” in our country from different locales and at different moments in time. Chequered History 19th century Not all descriptions of civil society have been flattering. The German expression used by both Hegel and, Marx, Burgerlichegesellsc haft, translates not only as “civil society” but also as “bourgeois society”. 1970s Post-Emergency, the JP movement opens gates of civil society in India as a perceptible presence. PUCL&DR, formed during Emergency, fights for “lost but worthwhile” causes. 1980s Lokayan project takes definition of non-state actors beyond “voluntary organisations” and “NGOs”, to “non-party political formations” or “NPPF”. The Left finds NPPF anti-Marxist. Allies/Rivals In 1980, Indira Gandhi sets up Kudal Commission, allegedly to conduct a witch-hunt against NGOs. Years later, Rajiv Gandhi appoints Sanjit (Bunker) Roy of SWRCTilonia as adviser to Planning Commission. In 1989-1990, L C Jain and Rajni Kothari, both members of the Planning Commission, join Medha Patkar’s protest on the Narmada dam. 1990s Opposition to “globalisation” brings non-state groups in India on common political platforms. In the West, breakdown of USSR encourages funding of many “movement” groups. NOW Lines between “civil society” and “political class/government” sharper than ever, with trust in politics and government at a low. Many are uncomfortable with the solutions bandied by civil society. “Paradoxically, all the solutions suggested by civil society invoke an expansion of government bureaucracy. Each bill, the Lokpal
This has, indeed, been the experience thus far.
Volunteers fast for Anna Hazare in support of his anti corruption campaign in Bangalore
included, envisions a separate authority. Today lines between “civil society” and “political class/ government” are sharper than ever, with trust in politics and government at a new low. ( excerpts from http://www.expressi ndia.com/ latest-news/ The-manyfaces-of- Civil-Society/ 812667/ )— Vandita Mishra
Food Security Bill insecure
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he Right to Food Campaign appealed to Prime Minister Manmohan Singh to set aside the government draft of the Food Security Bill which “minimises government’s obligations, restricts people’s entitlements and is devoid of any accountability”. Rejecting the government’s draft Bill, the Campaign gave a national call for action. In an open letter to the Prime Minister, the Campaign said the draft Bill approved by the Empowered Group of Ministers (EGoM) had no commitment towards nutritional security or to seed production, procurement (including local procurement), storage and distribution as an integrated process to address issues of food and nutritional security. The Campaign, which is a conglomeration of several social activist groups, said the Bill interprets food security only as distribution of cereals and cooked meals and is completely silent on distribution of pulses, millets and oil under the public distribution system (PDS). It came down heavily on the proposed cash transfers (in lieu of foodgrains).. Giving cash without ensuring proper food availability was putting people at the mercy of food retailers and cartels which could lead to greater corruption than the projected leakages in the PDS, apart from putting the farmers at risk.
problems related to identification of the below poverty line households and exclusion errors were well known. Campaign members regretted that the draft Bill gave full powers to the Centre to modify or withdraw most entitlements. Among the signatories are Aruna Roy and Nikhil Dey (National Campaign for People’s Right to Information), Kavita Srivastava and Binayak Sen (People’s Union for Civil Liberties), Annie Raja (National Federation for Indian Women), Jean Dreze, Anuradha Talwar, Gautam Modi and Madhuri Krishnaswamy (New Trade Union Initiative), Arun Gupta (Breast Feeding Promotion Network of India) and Arundhati Dhuru (National Alliance of People’s Movements).
The Draft National Land Acquisition and Rehabilitation & Resettlement bill, 2011 “Foreword: Infrastructure across the country must expand rapidly. Industrialisation, especially based on manufacturing has also to accelerate. Urbanisation is inevitable. Land is an essential requirement for all these processes. Government also needs to acquire land for a variety of public purposes.In every case, land acquisition must take place in a manner that fully protects the interests of land-owners and also of those whose livelihoods depend on the land being acquired. Under our Constitution, land is a State subject but land acquisition is a Concurrent subject. So far, the basic law governing the land acquisition process has been the Land Acquisition Act, 1894. Although it has been amended from time to time, it is painfully evident that the basic law has become archaic.
Opposing the move to leverage Aadhaar — unique identification numbers, the Campaign apprehended that this would impinge on the civil liberties of the citizens and was a means of tracking and surveillance.
Land markets in India are imperfect. There is asymmetry of power (and information) between those wanting to acquire the land and those whose lands are being acquired. That is why there has to be a role for the government to put in place a transparent and flexible set of rules and regulations and to ensure its enforcement.
Seeking universalisation of the PDS entitlement, the Campaign said the
Land Acquisition and Rehabilitation and Resettlement (R&R) need to be
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This draft Bill seeks to balance the need for facilitating land acquisition for various public purposes including infrastructure development,industrialisation and urbanisation, while at the same time meaningfully addressing the concerns of farmers and those whose livelihoods are dependent on the land being acquired. The draft bill is being placed in the public domain as part of a prelegislative consultative process. Comments are invited preferably before 31st August 2011. Separately, the Ministry of Rural Development has launched initiatives to update and digitise land records and to move from a presumptive system to a conclusive system of land records. --Jairam Ramesh
Govt. Bodies Exempted from FCRA 2010
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o Government or autonomus bodies such as Universities etc. need FCRA permission for accepting foreign donations? Not any longer. With effect from 1-July-11, all Government bodies have been exempted from FCRA provisions. However, two conditions must be met for this: 1. The body should have been established by a Central or State Act. 2. Its accounts should be compulsorily audited by the CAG. References:· Section 50 of FCRA 2010, · Order S.O.1492(E), dated 1-7-2011. Section 50 of the foreign contribution (regulation) act, 2010 - power to exempt in certain cases - act not to apply to all bodies constituted or established by or under a central act or a state act requiring to have their accounts compulsorily audited by the comptroller and auditor general of india WHEREAS the Central Government is of the opinion that it is necessary and expedient in the interests of the general public to exempt all bodies constituted or established by or under a Central Act or a State Act requiring to have their accounts compulsorily audited by the Comptroller and Auditor General of India.