Reaping Demographic Dividends
Saumitra Mohan
Even though all of us everywhere in the country seem very busy discussing and debating the various dimensions and implications of the impending financial crisis, there is something to cheer about which is going unnoticed in all this. This relates to the demographic dividends which India shall soon be reaping notwithstanding all that talk of various kinds of complex problems stemming from an every growing population in the country.
But before we actually start doing so, there are certain issues which would require sorting out otherwise benefits of demographic dividends shall prove to be a mere wishful thinking, a will-o-the-wisp. We definitely have over a billion people and are told to be adding over 10 million more every year. The demographic dividends is said to accrue on account of the fact that very soon, we shall have less dependent population and more economically productive population, thereby spurring our economic growth further. This is more so at a time when many of the countries in the West are actually witnessing a negative population growth.
However, such an idea may remain a mere wishful thinking if we fail to make value addition to our human resources, if we fail to qualitatively improve our human resources to be used as a workforce in different fields for varied economic activities. After all, with small people with small capacities dotting the length and breadth of our country, we can never hope to be a great country. For being a great country and a great power, there shall be need for people with varied skills and capacities led by a visionary and dynamic leadership.
Today, it is believed that India is going to remain a young country for a long time to come, with very positive implications for our economic development. After all, we are going to have relatively very less economically dependent population on our scare resources than we have had all along. Moreover, we are also going to have more economically productive people. We are at such a crucial juncture of our demographic history when we shall have fewer children and less elderly population, who are generally not only economically unproductive, they are also a drain on our resources, at least, so believe some observers. However, in all this we are likely to have a predominant population engaged in different economic activities, much more in number than we have experienced so far, thereby adding further to the value creation.
Having less dependent population would result in substantive savings which could have otherwise been expended on their care. These savings could be used for undertaking more productive activities and making further investments in the economy with substantial multiplier effects. Having a reduced fertility rate for the women and having fewer children also mean that women are going to have more free time, thereby enabling them to join the productive workforce. Women constituting almost half of our population, their release from their conventional chores might prove to be a blessing in disguise thereby adding to the future economic growth of our country.
Not only this, having less population of children and elderly citizens to tend to would also mean availability of additional resources for the government which it was using for provisioning health and basic education facilities. These additional resources can further supplement government’s productive ventures, including putting up sound infrastructures for spurring economic growth. With surplus resources in the economy, many structural and institutional bottlenecks could be removed as supply side expansion takes place.
But for all this to materialise, the necessary software in the form of positive government policy and favourable ambience shall be required. Besides, social norms or ethics shall also play a critical role as Protestant Ethics did to Europe and the United States if venerable social scientist Max Weber is to be believed. Whether our women shall actually join the productive workforce or not, shall depend on the societal values and attitude which would require positive changes. The spirit or motivation to make money shall also be a crucial factor, quite away from the instinct of glorifying poverty which we have been doing all these years. So, the economic growth shall also depend on specific conditions in a particular country. The success of Marwari and Gujrati community in this country can be attributed, to a great extent, to their positive chrometophilic instincts.
It is believed that one-third of the economic growth we see in South-East Asia is because of their abilities to reap the demographic dividends at a right time in a right fashion. The governments in those countries could successfully provide the basic medical and educational facilities to their population, thereby adding quality to their human resources. This enabled the local population to contribute more productively by way of a more diversified economic activities and substantive value creation in their respective countries.
As a result of surplus disposable money with people on account of less spending on elderly and child population, people can actually spend more on their education and health, which would further add value and quality to the human capital. But one also feels that we shall require sustained spending to continuously upgrade our human resources. In fact, quite against the belief that elderly population is unproductive, one can actually utilise the services of elderly population for selective activities which can better suit their age and physical abilities.
Again, one also feels, at the risk of sounding blasphemous, that over obsession with the phenomenon of child labour is not good as it has been experienced that the children freed from different hazardous/non-hazardous activities get into a more piquant situation, with their families finding it hard to even feed or care for them popularly. A balance has to be found between the needs of providing a healthy childhood to our children and their abilities to sustain themselves economically. If a practical approach to child labour is adopted, then economic productivity of our populace might be more than otherwise possible.
The Neo-Malthusian analysis, however, dispute the demographic dividend argument. They believe that dependence of more population on the same resources can not help economic growth. But one disagrees with their argument. After all, our population density is much less than many of the South-Asian, South East Asian or East Asian countries including Japan and we are naturally much more endowed than many or all of them. The Revisionists also feels that population growth is not a hindrance to the economic development.
But it is not the absolute growth of working population, but the relative growth compared to the child and elderly population that creates scope for reaping demographic dividends. It is not that growth of working population only matters for economic growth. Real opportunity occurs due to a higher growth of working age population coupled with slow and even negative growth of dependent population.
Different states in India are at different stages of demographic transition, so the demographic dividends shall also be reaped variously by them, depending on their respective abilities, motivation and specific policies and social conditions in those states. Though, many feel that the positive linkage between economic growth and demographic dividends phenomenon is not conclusively proved. One just hopes that a right mix of policies and motivation may actually help us turning our huge population’s liability into an asset.
Thursday, November 27, 2008
Wednesday, November 5, 2008
Politics and Politicking: Need for a Change
*Saumitra Mohan
Just when you thought that our state building and nation building processes are proceeding well and we are moving fast up the pecking order in the Comity of Nations, you have a slew of negative developments which shake your confidence. A look around the country presents the picture of a country under siege. Be it floods in Bihar, terrorism and secessionism in Jammu and Kashmir, North-East or elsewhere in the country, communal riots in Orissa, Dera Saccha Sauda bickering in Punjab, land acquisition agitations in West Bengal and elsewhere, simmering Naxal extremism in a good expanse of the country, problem of price rise, frequent resort to ‘bandh’ and ‘strikes’, or the recent terrorist strikes around the country, we seem beset with problems from all around.
In all this, it is the common man who is the actual loser. It is this Homo Ordinarius who is really at loss, but still managing to survive notwithstanding the mess he/she finds himself/herself in. And believe it or not, much of this mess is of our own making. Don’t we support and elect the same feckless Homo Politicus with unceasing regularity who has brought all this suffering to us through his/her political shenanigans and skulduggery. Just have a look at any problem around, it would appear that our political class is bent on suicidal one-upmanship and brinkmanship through which untold misery is wreaked on the hoi polloi.
Does our political class really think that a communal riot is politically rewarding, that it wins rich electoral dividends at the hustings? And even if it does, it definitely does the entire system an irreparable damage. Has not every such communal riot boomeranged and been visited by another reactive communal flare-up and bombings, resulting in huge damage to man, materials and our image as the Salad Bowl of a well-knit Nation?
Notwithstanding the judicial ban placed on the instrumentality of ‘bandh’, the political parties continue resorting to the same putting forth sundry arguments in its favour, the principal one being its being the only potent weapon in the hands of the working class. The recent bandh against price rise actually helped the cause of price rise by stopping production and blocking supplies. Do we really think that we do not have any better means for securing workers’ and citizens’ right but for organizing a ‘bandh’, a general strike, a ‘chakka jam’ or outright vandalism? Are we not hurting the interests of the same commoner in whose name we do all this? Surprisingly, many of these politicos agree and accept that these means are no longer relevant, still they fail to evolve a consensus to discontinue with the same.
Do the secessionists in Jammu and Kashmir, another mutant of our political class, really think that creation of a separate country or merger with Pakistan shall end all their problems? Had that been so, Pakistan should have been a developed and happy state by now. But Pakistan’s failure to be so and her subsequent balkanization proves in stark relief the fallacy of such a conception. Today, with state’s theoretical capacity to regulate and secure its borders steadily going down and when borders themselves are becoming irrelevant with more united regional groupings becoming a reality, we are still busy drawing more lines on the geographical map.
Coming back to the topic, as our next door neighbour has to shun and shed her day-dreaming about bleeding India through thousand cuts in her own better interests (has not it hurt itself more than India), our political class also need to reinvent themselves. They need to ferret out better alternatives to a ‘bandh’, ‘strike’, ‘chakka jam’, or outright political violence either in the shape of a communal riot or in any other form. These means need to be positive and productive which neither hurt nor damage our property or the common citizens’ right to carry on unhindered with their daily lives. They ought not to further sully our image as an emerging nation or twitches at our conscience of being the citizen of a country where such unwarranted and undesirables happen.
However, one still believes that India has been doing reasonably well compared to her many time twins in Asia, Africa and Latin America. After all, many of these countries disintegrated before they could complete their state building processes owing to the failure to resolve their internal conflicts. But India has so far gone from strength to strength to take her state-building and nation-building processes on a stronger footing through a mix of consociational social welfare politics. But we would only pull wool over our eyes if we think we can continue doing so notwithstanding all the self-created roadblocks en route.
Our bloated obsession and fixation with the nine per cent growth rate is already getting deflated in the wake of looming global recession. Our desire to be a super power definitely does not gel with our capacities, motivation and determination to get to that elevated and rarefied space. What China could showcase through the Olympic extravaganza was a sheer delight and one really doubts as to whether we could really replicate the same given an opportunity. The fact is that we have assigned a secondary place to the national pride which make the warp and weft of a great nation.
Our political class takes to street at the slightest hint of a disagreement. That bandh and strikes are remnants from the past and are no longer relevant to the interests of our larger polity is something they refuse to understand. Can we really continue to stage our protest and opposition in the way we have been doing all these years. We should not forget that we are a democracy where every issue could be and should be discussed, debated, negotiated and resolved across the table. But quite contrarily, our legislatures have become an arena for fisticuffs and one-to-one duel including outright sanguinary conflicts coming down to the lowest levels as seen in UP, West Bengal and elsewhere in recent times.
The funny part in all this is that the behaviour of the same political party is different while in and out of power. A stand taken by a political party when in power may not be the same while out of power. Out here, the basic tenet of opposition politics seems to be opposition for the sake of opposition, without delving deep into the merit or demerit of the issue. To them, they are duty-bound to oppose and protest against any policy or idea emanating from the treasury benches.
The fact remains that ethics and values have taken a back seat out here. In their bid to attain their baser objectives, the political class does not mind weakening state institutions using whom they are supposed to tackle state problems. These institutions get weakened due to constant interference and tinkering and lose their capacity to respond in times of need. In fact, some elements of our political class are willing to compromise and do anything that can take them to the seat of power including colluding and conniving with the baser elements of the society be it criminals, terrorists or Naxals. Here, the hoi polloi is always on discount, the interest of the politicking elite is what matters most.
Is not it high time when our political class thought of better ways and means to conduct politics through? How long would we continue with the same antediluvian, horse and buggy methods of doing politics? If the politics is really supposed to be about welfare of the citizens of a polity, then we have got the very conception of politics itself goofed up. And unless and until our political class really does something about mending its ways, we had better stop deluding ourselves to be one of the principal movers and shakers on the global scene. The citizens, too, have a duty to put such irresponsible political class in place. Otherwise, we shall cease to grow as a nation.
*Saumitra Mohan
Just when you thought that our state building and nation building processes are proceeding well and we are moving fast up the pecking order in the Comity of Nations, you have a slew of negative developments which shake your confidence. A look around the country presents the picture of a country under siege. Be it floods in Bihar, terrorism and secessionism in Jammu and Kashmir, North-East or elsewhere in the country, communal riots in Orissa, Dera Saccha Sauda bickering in Punjab, land acquisition agitations in West Bengal and elsewhere, simmering Naxal extremism in a good expanse of the country, problem of price rise, frequent resort to ‘bandh’ and ‘strikes’, or the recent terrorist strikes around the country, we seem beset with problems from all around.
In all this, it is the common man who is the actual loser. It is this Homo Ordinarius who is really at loss, but still managing to survive notwithstanding the mess he/she finds himself/herself in. And believe it or not, much of this mess is of our own making. Don’t we support and elect the same feckless Homo Politicus with unceasing regularity who has brought all this suffering to us through his/her political shenanigans and skulduggery. Just have a look at any problem around, it would appear that our political class is bent on suicidal one-upmanship and brinkmanship through which untold misery is wreaked on the hoi polloi.
Does our political class really think that a communal riot is politically rewarding, that it wins rich electoral dividends at the hustings? And even if it does, it definitely does the entire system an irreparable damage. Has not every such communal riot boomeranged and been visited by another reactive communal flare-up and bombings, resulting in huge damage to man, materials and our image as the Salad Bowl of a well-knit Nation?
Notwithstanding the judicial ban placed on the instrumentality of ‘bandh’, the political parties continue resorting to the same putting forth sundry arguments in its favour, the principal one being its being the only potent weapon in the hands of the working class. The recent bandh against price rise actually helped the cause of price rise by stopping production and blocking supplies. Do we really think that we do not have any better means for securing workers’ and citizens’ right but for organizing a ‘bandh’, a general strike, a ‘chakka jam’ or outright vandalism? Are we not hurting the interests of the same commoner in whose name we do all this? Surprisingly, many of these politicos agree and accept that these means are no longer relevant, still they fail to evolve a consensus to discontinue with the same.
Do the secessionists in Jammu and Kashmir, another mutant of our political class, really think that creation of a separate country or merger with Pakistan shall end all their problems? Had that been so, Pakistan should have been a developed and happy state by now. But Pakistan’s failure to be so and her subsequent balkanization proves in stark relief the fallacy of such a conception. Today, with state’s theoretical capacity to regulate and secure its borders steadily going down and when borders themselves are becoming irrelevant with more united regional groupings becoming a reality, we are still busy drawing more lines on the geographical map.
Coming back to the topic, as our next door neighbour has to shun and shed her day-dreaming about bleeding India through thousand cuts in her own better interests (has not it hurt itself more than India), our political class also need to reinvent themselves. They need to ferret out better alternatives to a ‘bandh’, ‘strike’, ‘chakka jam’, or outright political violence either in the shape of a communal riot or in any other form. These means need to be positive and productive which neither hurt nor damage our property or the common citizens’ right to carry on unhindered with their daily lives. They ought not to further sully our image as an emerging nation or twitches at our conscience of being the citizen of a country where such unwarranted and undesirables happen.
However, one still believes that India has been doing reasonably well compared to her many time twins in Asia, Africa and Latin America. After all, many of these countries disintegrated before they could complete their state building processes owing to the failure to resolve their internal conflicts. But India has so far gone from strength to strength to take her state-building and nation-building processes on a stronger footing through a mix of consociational social welfare politics. But we would only pull wool over our eyes if we think we can continue doing so notwithstanding all the self-created roadblocks en route.
Our bloated obsession and fixation with the nine per cent growth rate is already getting deflated in the wake of looming global recession. Our desire to be a super power definitely does not gel with our capacities, motivation and determination to get to that elevated and rarefied space. What China could showcase through the Olympic extravaganza was a sheer delight and one really doubts as to whether we could really replicate the same given an opportunity. The fact is that we have assigned a secondary place to the national pride which make the warp and weft of a great nation.
Our political class takes to street at the slightest hint of a disagreement. That bandh and strikes are remnants from the past and are no longer relevant to the interests of our larger polity is something they refuse to understand. Can we really continue to stage our protest and opposition in the way we have been doing all these years. We should not forget that we are a democracy where every issue could be and should be discussed, debated, negotiated and resolved across the table. But quite contrarily, our legislatures have become an arena for fisticuffs and one-to-one duel including outright sanguinary conflicts coming down to the lowest levels as seen in UP, West Bengal and elsewhere in recent times.
The funny part in all this is that the behaviour of the same political party is different while in and out of power. A stand taken by a political party when in power may not be the same while out of power. Out here, the basic tenet of opposition politics seems to be opposition for the sake of opposition, without delving deep into the merit or demerit of the issue. To them, they are duty-bound to oppose and protest against any policy or idea emanating from the treasury benches.
The fact remains that ethics and values have taken a back seat out here. In their bid to attain their baser objectives, the political class does not mind weakening state institutions using whom they are supposed to tackle state problems. These institutions get weakened due to constant interference and tinkering and lose their capacity to respond in times of need. In fact, some elements of our political class are willing to compromise and do anything that can take them to the seat of power including colluding and conniving with the baser elements of the society be it criminals, terrorists or Naxals. Here, the hoi polloi is always on discount, the interest of the politicking elite is what matters most.
Is not it high time when our political class thought of better ways and means to conduct politics through? How long would we continue with the same antediluvian, horse and buggy methods of doing politics? If the politics is really supposed to be about welfare of the citizens of a polity, then we have got the very conception of politics itself goofed up. And unless and until our political class really does something about mending its ways, we had better stop deluding ourselves to be one of the principal movers and shakers on the global scene. The citizens, too, have a duty to put such irresponsible political class in place. Otherwise, we shall cease to grow as a nation.
100 per cent FIR: Jalpaiguri shows the way
*Saumitra Mohan
We have long debated the problems ailing criminal justice system in our country with various committees and commissions recommending sundry measures to tone up the system. But of all the measures discussed, it is the police reforms which constitute the core of any such effort without which nothing substantial can be achieved. Notwithstanding the recent police reforms executed at the instance of the Supreme Court of India, there is still a lot which need to be done to enable the police organisation to carry out its duties and responsibilities with much more effectiveness and efficiency.
And the starting point for any police reform remains the way our police station functions as they still remain the cutting edge of the law and order machinery in our country. If our police stations continue to function the way they have always been, all other reforms would come to nought. It is against this background that an experiment made in a remote North Bengal district of Jalpaiguri in Eastern India becomes important.
The law enforcers across the country seem to be unanimous that given the manpower, resources and infrastructure crunch afflicting the police organisation, it is neither advisable nor practicable to entertain all the public complaints at the police station. They feel that all such complaints need to be carefully sifted and sorted before being accepted in the form of an FIR (First Information Report). But the Jalpaiguri experiment, initiated and carried under the able stewardship of the present Superintendent of Police Sri Tripurari, a young IPS officer of 1998 batch, has proved them all wrong.
It was with effect from 01 July 2007 that this experiment kicked off in Jalpaiguri and accordingly instructions were issued to all the police stations to accept any and every FIR without any demur. Instructions were also issued, however, to ensure that no simultaneous arrests be made till inquiry and investigation are completed. Contrary to the fear of burden that such an approach might impose on the system, the entire system has responded very well with surprisingly positive results. Police is no longer shunned or avoided out here nor are the officers and rank complaining of increased work-load. Popular alienation or fear of police has come down, leading to increased public confidence in them.
Selective lodging of FIRs never reflected the true crime picture of the district which has become possible now. Against an average of 3000 cases reported between 2004-06, about 5300 cases were reported in the first year of reforms i.e. in 2007. The projected crime figure for 2008 is likely to be around 14000, quite staggering compared to the figures of the pre-reform period. Usually, a proportionately inverse relationship has been noticed between the cases lodged in the police stations and the court complaints. With police becoming liberal in accepting FIRs, the necessity of people lodging court complaint has come down resulting in reduction of the same. Compared to approx six per cent court complaints of total recorded cases during 2004-06, the figure was down to approx. 0.6 percent in 2007.
While the total crime figures for all the 17 police stations of 33 lakh-strong Jalpaiguri between 2002-06 was an average of about 2700, this figure was a staggering 6800 in 2007. But the projected figure for 2008 is likely to be 14000. While only about 600 cases of theft, on an annual average, were reported during 2004-06, the number was up at 1300 in 2007 and is likely to be upwards of 2000 by the end of 2008. Again, while an average of 550 crimes against women were reported during this period, the figure was more than double for 2007 and is projected to be around 2000 in 2008. The average figure for robbery, burglary and dacoity together were around 40 during the three years preceding the reforms, but it shot up to 60 in 2007 and is likely to be more than 80 at the end of 2008.
The arrest figures have also been greatly impacted. Earlier police were often indiscriminate in its preventive activities and arrests as it had mandatory quota to fulfil. So, the police would indiscriminately haul up people through non-FIR cases, inter alia, under such sections as 107, 109 and 110 Cr.PC and 290 IPC, but the need to cook up the book has come down substantially with police willing to register all crimes being reported in the district. While the persons arrested under section 290 IPC numbered more than 10,000 during 2004-06, the figure was down to around 6000 in 2007 and is likely to be around 2000 only in 2008.
Similarly, the people arrested under section 107 Cr.PC were around 7500 during the pre-reform period, the figure was down to around 6000 in 2007 and is likely to be less than 3000 in 2008. The overall arrest figure for the district which was more than 5000 during 2004-06, was down to 4,500 in 2007 and is likely to be less than 5000. Again, while accused surrender was an average of around 1300 between 2004-06, it was around 3,500 in 2007 and is projected to be around 4,500 in 2008. While the number of persons convicted during 2004-06 was around 125, it was almost unaffected in 2007 at 121, but is likely to improve substantively at over 200 in 2008 pointing to the improved quality of case disposal. This clearly indicates a positive relationship between a responsive police and the local crime figures.
Notwithstanding the registration of huge number of cases and the consequent increase in work for the local police, the case disposal has improved drastically. The case disposal was around 3000 during 2004-06, it was more than 4000 in 2007 and is likely to be more than 6000 in 2008. It amply shows that given a proper orientation, the same manpower can yield better results. Expedited case disposal and 100 per cent FIR registration have also resulted in fewer complaints made to human rights bodies like NHRC, a big relief for the local police. They were a measly 11 in 2007 and are likely to be the same in 2008 against a substantively higher figure for the pre-reforms period i.e. 25 between 2004-06.
With free registration of cases, the process of converting cognizable cases into non-cognizable cases has almost stopped as all such cases are now registered in the first instance itself. Similarly, such a development has also pre-empted the need for the interference with the police work by the local panchayats, political leaders and touts. Having adopted a pro-active and responsive approach to policing, the police itself no longer needs to misbehave or intimidate people for suppression or minimization of cases. It has also reduced the need for bribing police for lodging an FIR though the same cannot be said about an impartial and speedy investigation which is where the demand for more manpower, infrastructure and resources become justified. This experiment has also struck at the root of the nexus among the police, criminals, lawyers and politicos. One does feel the need to replicate similar experiments elsewhere in the country.
*Saumitra Mohan
We have long debated the problems ailing criminal justice system in our country with various committees and commissions recommending sundry measures to tone up the system. But of all the measures discussed, it is the police reforms which constitute the core of any such effort without which nothing substantial can be achieved. Notwithstanding the recent police reforms executed at the instance of the Supreme Court of India, there is still a lot which need to be done to enable the police organisation to carry out its duties and responsibilities with much more effectiveness and efficiency.
And the starting point for any police reform remains the way our police station functions as they still remain the cutting edge of the law and order machinery in our country. If our police stations continue to function the way they have always been, all other reforms would come to nought. It is against this background that an experiment made in a remote North Bengal district of Jalpaiguri in Eastern India becomes important.
The law enforcers across the country seem to be unanimous that given the manpower, resources and infrastructure crunch afflicting the police organisation, it is neither advisable nor practicable to entertain all the public complaints at the police station. They feel that all such complaints need to be carefully sifted and sorted before being accepted in the form of an FIR (First Information Report). But the Jalpaiguri experiment, initiated and carried under the able stewardship of the present Superintendent of Police Sri Tripurari, a young IPS officer of 1998 batch, has proved them all wrong.
It was with effect from 01 July 2007 that this experiment kicked off in Jalpaiguri and accordingly instructions were issued to all the police stations to accept any and every FIR without any demur. Instructions were also issued, however, to ensure that no simultaneous arrests be made till inquiry and investigation are completed. Contrary to the fear of burden that such an approach might impose on the system, the entire system has responded very well with surprisingly positive results. Police is no longer shunned or avoided out here nor are the officers and rank complaining of increased work-load. Popular alienation or fear of police has come down, leading to increased public confidence in them.
Selective lodging of FIRs never reflected the true crime picture of the district which has become possible now. Against an average of 3000 cases reported between 2004-06, about 5300 cases were reported in the first year of reforms i.e. in 2007. The projected crime figure for 2008 is likely to be around 14000, quite staggering compared to the figures of the pre-reform period. Usually, a proportionately inverse relationship has been noticed between the cases lodged in the police stations and the court complaints. With police becoming liberal in accepting FIRs, the necessity of people lodging court complaint has come down resulting in reduction of the same. Compared to approx six per cent court complaints of total recorded cases during 2004-06, the figure was down to approx. 0.6 percent in 2007.
While the total crime figures for all the 17 police stations of 33 lakh-strong Jalpaiguri between 2002-06 was an average of about 2700, this figure was a staggering 6800 in 2007. But the projected figure for 2008 is likely to be 14000. While only about 600 cases of theft, on an annual average, were reported during 2004-06, the number was up at 1300 in 2007 and is likely to be upwards of 2000 by the end of 2008. Again, while an average of 550 crimes against women were reported during this period, the figure was more than double for 2007 and is projected to be around 2000 in 2008. The average figure for robbery, burglary and dacoity together were around 40 during the three years preceding the reforms, but it shot up to 60 in 2007 and is likely to be more than 80 at the end of 2008.
The arrest figures have also been greatly impacted. Earlier police were often indiscriminate in its preventive activities and arrests as it had mandatory quota to fulfil. So, the police would indiscriminately haul up people through non-FIR cases, inter alia, under such sections as 107, 109 and 110 Cr.PC and 290 IPC, but the need to cook up the book has come down substantially with police willing to register all crimes being reported in the district. While the persons arrested under section 290 IPC numbered more than 10,000 during 2004-06, the figure was down to around 6000 in 2007 and is likely to be around 2000 only in 2008.
Similarly, the people arrested under section 107 Cr.PC were around 7500 during the pre-reform period, the figure was down to around 6000 in 2007 and is likely to be less than 3000 in 2008. The overall arrest figure for the district which was more than 5000 during 2004-06, was down to 4,500 in 2007 and is likely to be less than 5000. Again, while accused surrender was an average of around 1300 between 2004-06, it was around 3,500 in 2007 and is projected to be around 4,500 in 2008. While the number of persons convicted during 2004-06 was around 125, it was almost unaffected in 2007 at 121, but is likely to improve substantively at over 200 in 2008 pointing to the improved quality of case disposal. This clearly indicates a positive relationship between a responsive police and the local crime figures.
Notwithstanding the registration of huge number of cases and the consequent increase in work for the local police, the case disposal has improved drastically. The case disposal was around 3000 during 2004-06, it was more than 4000 in 2007 and is likely to be more than 6000 in 2008. It amply shows that given a proper orientation, the same manpower can yield better results. Expedited case disposal and 100 per cent FIR registration have also resulted in fewer complaints made to human rights bodies like NHRC, a big relief for the local police. They were a measly 11 in 2007 and are likely to be the same in 2008 against a substantively higher figure for the pre-reforms period i.e. 25 between 2004-06.
With free registration of cases, the process of converting cognizable cases into non-cognizable cases has almost stopped as all such cases are now registered in the first instance itself. Similarly, such a development has also pre-empted the need for the interference with the police work by the local panchayats, political leaders and touts. Having adopted a pro-active and responsive approach to policing, the police itself no longer needs to misbehave or intimidate people for suppression or minimization of cases. It has also reduced the need for bribing police for lodging an FIR though the same cannot be said about an impartial and speedy investigation which is where the demand for more manpower, infrastructure and resources become justified. This experiment has also struck at the root of the nexus among the police, criminals, lawyers and politicos. One does feel the need to replicate similar experiments elsewhere in the country.
Reforming the Prison Administration in India
*Saumitra Mohan
Of all the reforms required for the effective functioning of our law and justice system, prison reforms form an important part. Unless and until we initiate and take measures to bring our prison management in sync with the times, our law and justice system shall never be able to work to the optimum level required. The various issues requiring our urgent attention include physical condition of the prisons, condition and treatment of prisoners, training and re-orientation of prison personnel, modernisation of prisons, better correctional administration and management.
The Government of India constituted a Committee in December 2005 under the Chairmanship of the Director General, Bureau of Police Research and Development (BPRD) to prepare a draft policy paper on the strategy relating to prison reforms and correctional administration. The said Committee is said to have made many recommendations relating to Prison Reform and Correctional Administration, which if implemented would make a lot of difference to our prison administration and management.
Of the important recommendations, the Committee is believed to have recommended setting up a Department of Prisons and Correctional Services to deal with adult and young offenders. It has also recommended setting up a full time National Commission on Prisons. The Committee believes that the young offenders between 18 and 21 ought not to be confined in prisons meant for adult offenders as otherwise they usually become more prone to crimes while being in company of their more experienced and hardened counterparts. It similarly recommends that the persons arrested for politico-economic agitations for declared public causes should not be confined in prisons along with regular prisoners either. Some observers feel that bracketing the two together is quite unjustified given the fact quite often the latter come to be part of our government system later.
One another important issue relates to the over-crowding of our prisons as most of them are populated beyond their capacity. And the same can be done only by reducing the population of the under-trial prisoners by speedier trials in special fast track courts, Lok Adalats, trials in special courts and via video conferencing. However, it should be ensured that the prisoners should, in no way, be forced to plead guilty in such fast track courts in a hope to get lesser sentence without in anyway appreciating the implications of the same. What is surprising is the fact that many of them keep languishing in our jails long after they are acquitted because of lack of coordination between the court and the prison administration. Modern mechanism of information technology and e-governance should be pressed into service for improvements on this score.
Going by the reformative theory of deviance, the confinement of an offender to the prisons is meant to reform and rehabilitate him/her in the human society as a responsible citizen rather than continue penalising him/her even after marked positive changes are noticed in them. Hence, release of lifers and hardened criminals before their stipulated terms should also be given a serious thought. As far as possible, easier bail provisions, using section 436-A of the Cr.PC and use of the Probation of Offenders Act, 1958 should be considered. It would not only reward good behaviour of these prisoners, but shall also take care of the over-crowding of the prisons.
A serious thought should also be given to ensure that the prisoners are not denied the basic right of consultation with their lawyers. It should also be ensured that video conferencing, as proposed, should in no way impede on this basic right. If possible, the constitutional right to free legal aid, as envisaged in Article 39-A of the Indian Constitution, should be fully implemented, ensuring the same to the prisoners. One also feels a greater need for expedited appeal hearings, which could be possible only if the number of judges in the higher judiciary is increased.
Talking about basic amenities within the prisons, there is a lot which needs to be done to ameliorate the conditions in which the prisoners are supposed to live. Adequate sanitation, improved prison wages, all-round entertainment and better health check-up facilities are the minima required inside the jail if we really believe that the prison is a place for reforming and rehabilitating an individual rather than making him further hardened and untouchable for the society.
Group insurance, provisioning of bank loans and employment in government/private industries should also be contemplated as part of an overall rehabilitation package. It should be ensured that the old and sick prisoners do get a special diet as should be the case with the pregnant and lactating women prisoners and their special medical needs. Also, improvement in the modes of communication between the prison inmates and their families should be improved further, giving allowance for more privacy to the conversation between the two.
Also, a thought should be given to ensuring the conjugal rights of the prisoners. After all, penalising an individual for an offence does not mean depriving him/her completely from the very basic human rights including the conjugal rights. Another piquant issue relates to the political rights of the prisoners. It is quite surprising that a convicted person can contest a legislative or parliamentary election, but he/she does not have any voting rights available. Something should be done to remove this discrepancy in the present system.
In light of the recent incursions on our prisons by Naxalites and other such outlawed organisations to liberate inmates, we also need to give some importance to the prison security. Of the various security measures for preventing such jail breaks include the installation of a bio-metric system of access control as recommended for installation in all the nine prisons of the Tihar jail complex by S K Cain Committee formed in the wake of Shamsher Singh Rana’s famous escape from Tihar.
In this system, the fingerprints of all the prisoners and the jail staff are saved into a database. The entry and exit from the complex is permitted only if the fingerprints are matched. This system should be installed in all the jails across the country without any exception. Besides, simple security measures like installation of close circuit cameras, metal detectors and automatic security lock system should also be thought of for better security of our jails and for further pre-empting such daring jail breaks as seen during recent times.
Manpower shortage has been another bane of our prison system which needs to be beefed up for better prison management and security. Apart from reinforcing the manpower, the prison officials and rank also need to be given special training and orientation for further improving the prison security and also for making our prisons a better place, yoked to the cause of reforming and rehabilitating deviant members of the society. Women and juvenile offenders definitely need better and more sensitive treatment than they have got so far.
While better coordination with the police department is required for better prison administration and management, the same should in no way lead us to involve police in prison administration or management as that may have very dangerous implications, at least, that is what some experts feel. We should definitely explore alternatives to imprisonment, at least, for the under-trials. One does feel the need for extensive amendments to the colonial Prison Act of 1884 along with the need for various constituent states of the Indian Union to draft a uniform prison manual if we are to really implement some of the reforms as envisaged here. Also, before going about implementation of Committee’s recommendations, we also need to give a thought to various whys and wherefores of the failure to implement the sundry proposals of the Mulla Committee Report for improving the condition of prisons in India.
*Saumitra Mohan
Of all the reforms required for the effective functioning of our law and justice system, prison reforms form an important part. Unless and until we initiate and take measures to bring our prison management in sync with the times, our law and justice system shall never be able to work to the optimum level required. The various issues requiring our urgent attention include physical condition of the prisons, condition and treatment of prisoners, training and re-orientation of prison personnel, modernisation of prisons, better correctional administration and management.
The Government of India constituted a Committee in December 2005 under the Chairmanship of the Director General, Bureau of Police Research and Development (BPRD) to prepare a draft policy paper on the strategy relating to prison reforms and correctional administration. The said Committee is said to have made many recommendations relating to Prison Reform and Correctional Administration, which if implemented would make a lot of difference to our prison administration and management.
Of the important recommendations, the Committee is believed to have recommended setting up a Department of Prisons and Correctional Services to deal with adult and young offenders. It has also recommended setting up a full time National Commission on Prisons. The Committee believes that the young offenders between 18 and 21 ought not to be confined in prisons meant for adult offenders as otherwise they usually become more prone to crimes while being in company of their more experienced and hardened counterparts. It similarly recommends that the persons arrested for politico-economic agitations for declared public causes should not be confined in prisons along with regular prisoners either. Some observers feel that bracketing the two together is quite unjustified given the fact quite often the latter come to be part of our government system later.
One another important issue relates to the over-crowding of our prisons as most of them are populated beyond their capacity. And the same can be done only by reducing the population of the under-trial prisoners by speedier trials in special fast track courts, Lok Adalats, trials in special courts and via video conferencing. However, it should be ensured that the prisoners should, in no way, be forced to plead guilty in such fast track courts in a hope to get lesser sentence without in anyway appreciating the implications of the same. What is surprising is the fact that many of them keep languishing in our jails long after they are acquitted because of lack of coordination between the court and the prison administration. Modern mechanism of information technology and e-governance should be pressed into service for improvements on this score.
Going by the reformative theory of deviance, the confinement of an offender to the prisons is meant to reform and rehabilitate him/her in the human society as a responsible citizen rather than continue penalising him/her even after marked positive changes are noticed in them. Hence, release of lifers and hardened criminals before their stipulated terms should also be given a serious thought. As far as possible, easier bail provisions, using section 436-A of the Cr.PC and use of the Probation of Offenders Act, 1958 should be considered. It would not only reward good behaviour of these prisoners, but shall also take care of the over-crowding of the prisons.
A serious thought should also be given to ensure that the prisoners are not denied the basic right of consultation with their lawyers. It should also be ensured that video conferencing, as proposed, should in no way impede on this basic right. If possible, the constitutional right to free legal aid, as envisaged in Article 39-A of the Indian Constitution, should be fully implemented, ensuring the same to the prisoners. One also feels a greater need for expedited appeal hearings, which could be possible only if the number of judges in the higher judiciary is increased.
Talking about basic amenities within the prisons, there is a lot which needs to be done to ameliorate the conditions in which the prisoners are supposed to live. Adequate sanitation, improved prison wages, all-round entertainment and better health check-up facilities are the minima required inside the jail if we really believe that the prison is a place for reforming and rehabilitating an individual rather than making him further hardened and untouchable for the society.
Group insurance, provisioning of bank loans and employment in government/private industries should also be contemplated as part of an overall rehabilitation package. It should be ensured that the old and sick prisoners do get a special diet as should be the case with the pregnant and lactating women prisoners and their special medical needs. Also, improvement in the modes of communication between the prison inmates and their families should be improved further, giving allowance for more privacy to the conversation between the two.
Also, a thought should be given to ensuring the conjugal rights of the prisoners. After all, penalising an individual for an offence does not mean depriving him/her completely from the very basic human rights including the conjugal rights. Another piquant issue relates to the political rights of the prisoners. It is quite surprising that a convicted person can contest a legislative or parliamentary election, but he/she does not have any voting rights available. Something should be done to remove this discrepancy in the present system.
In light of the recent incursions on our prisons by Naxalites and other such outlawed organisations to liberate inmates, we also need to give some importance to the prison security. Of the various security measures for preventing such jail breaks include the installation of a bio-metric system of access control as recommended for installation in all the nine prisons of the Tihar jail complex by S K Cain Committee formed in the wake of Shamsher Singh Rana’s famous escape from Tihar.
In this system, the fingerprints of all the prisoners and the jail staff are saved into a database. The entry and exit from the complex is permitted only if the fingerprints are matched. This system should be installed in all the jails across the country without any exception. Besides, simple security measures like installation of close circuit cameras, metal detectors and automatic security lock system should also be thought of for better security of our jails and for further pre-empting such daring jail breaks as seen during recent times.
Manpower shortage has been another bane of our prison system which needs to be beefed up for better prison management and security. Apart from reinforcing the manpower, the prison officials and rank also need to be given special training and orientation for further improving the prison security and also for making our prisons a better place, yoked to the cause of reforming and rehabilitating deviant members of the society. Women and juvenile offenders definitely need better and more sensitive treatment than they have got so far.
While better coordination with the police department is required for better prison administration and management, the same should in no way lead us to involve police in prison administration or management as that may have very dangerous implications, at least, that is what some experts feel. We should definitely explore alternatives to imprisonment, at least, for the under-trials. One does feel the need for extensive amendments to the colonial Prison Act of 1884 along with the need for various constituent states of the Indian Union to draft a uniform prison manual if we are to really implement some of the reforms as envisaged here. Also, before going about implementation of Committee’s recommendations, we also need to give a thought to various whys and wherefores of the failure to implement the sundry proposals of the Mulla Committee Report for improving the condition of prisons in India.
Resolving Development Dilemmas
Saumitra Mohan
The concatenation of incidents at Singur, Nandigram or the recent Amarnath row in Jammu and Kashmir relating to matters pertaining land has amply underscored the dilemma that faces our polity today. However, the fact remains that land is the principal factor for any developmental initiative. This is also a fact that for any developed country, the percentage contribution of agriculture to the national economy seldom exceeds more than 4-5 per cent with the rest coming from secondary and tertiary sectors including industries and services.
In other words, a more than predominant chunk of our Gross Domestic Product (GDP) has to come from industry and services which could also provide support and sustenance for the primary sector including agriculture and mining, if we really wish to be a developed country. These sectors could never develop if a sizable amount of land is not made available to them for development. But we know very well by now as to how difficult has it become to obtain/acquire land for development in the wake of Byzantine opposition politics surrounding the same.
This has made elected governments all over the country quite loath to use force or strong-arm measures for land acquisition, even if in the name of ‘development’. But what is more problematic is not the attitude of the land owners, but that of the vested interests who in the name of so-called ‘land protection committee’ do everything to sabotage a good project. The situation becomes worse when these vested interests are joined by the opposition to further their petty political agenda.
In a good number of cases, even where the acquisition price and rehabilitation package are very generous, the resistance still remains. And more often than not, this resistance is stage-managed than rooted in genuine public upsurge to refuse land for development in lieu of a good compensation. An agitation or movement around land acquisition is often engineered by these vested interests who have their own axe to grind, either in the form of some petty political advantage or outright financial interests. One has come across many such people while negotiating land acquisition or its possession. These people directly or indirectly seek pecuniary advantage for themselves, without being, in any way, perturbed or concerned about the real interests of the land losers or land owners, both registered and unregistered.
And these land-related problems relate not only to new projects as extension of new-wave agitations and movements, but also to the old, ongoing projects. Many of us in the administration have come across people who, not even remotely concerned with the legally transferred land in question, would demand a share in the pie from the private or public developers. These demands are usually in the form of rights to supply materials for undertaken work, often at bloated prices, jobs or contracts for taking up such work or even outright bribes or protection money to allow the work to go on unhindered.
And all this happens in the name of people, and often under the aegis of one or the other political party, thereby making it difficult for the administration to make a real development on the actual project, as use of force or arrest is no longer an option. This is because of the fact that the locally dominant party or grouping often fears losing or diminishing its support base as a result thereof. And in all this, it is the development which suffers, thwarting further value additions and multiplier effects by way of which extra demands could be generated, which in turn could fuel strong economic growth in that particular region and in the country as a whole.
As the law or rules pre-empt and prevent more than allowed generosity which acceding or accommodating the demands of these vested interests, many administrators, with active blessing from the government, have found ingenuous ways to do the same while working out a rehabilitation package. And, here one potent solution lies in the land requiring bodies (read industries) being made to share the additional burden of rehabilitation which is actually not very bad. But one does feel that the same needs to be further regularised and regulated to pre-empt any scope for foul play.
In states bordering international boundaries, these land acquisitions take on another dimension. One has noticed that the moment a land acquisition plan is announced, one would immediately see vested interests including supporters of different political parties make hordes of people go and occupy the intended land unauthorisedly in a bid to negotiate or extract rehabilitation candies in future. While one can see such attempts as one of the ways of distributive justice, it is definitely not so. What is painful is the fact that in many cases such planted occupiers are illegal immigrants from across the border, without any political rights whatsoever, and who are more than willing to pounce on such opportunities for a consideration. It is these people who are usually the cannon fodder ready to be used for any subversive activities within and without the country, but that is a separate issue altogether.
Reinforcing our ‘Soft State’ image as Gunnar Myrdal would have said, strong arm measures are increasingly becoming out of question for the administration. Opposition is more than willing to fish in the troubled waters. However, the same party, while in power, sings a different tune. One does feel the need for a positive change in our political culture save any destructive or negative politics. Naxalites are another bunch of misguided people sans any ideological mooring and devoid of any positive agenda. They act more as the agent saboteurs of enemy forces than genuine cup-bearers of the poor and deprived.
In all such cases, it is the bureaucracy which is blamed for the goof-ups, developmental deadlocks or even non-utilisation of government money sanctioned for a particular project. But more often than not, things are beyond the ken and control of bureaucracy which often finds that its hands are tied. The vested interests (read political class) do their best to sabotage the project in one or the other way by putting forward resistance or undue demands. And most of such troubles relate again to land related matters. Either it is the proposed land acquisition for new projects or government lands where the work is to be executed, but the same has been profusely encroached through political shenanigans. All such troubles or problems would have to be settled or fixed before undertaking the project.
Today it has become increasingly difficult for the bureaucracy to work as per rules or laws. It is often forced to bend the rules/laws without the political class willing to share responsibility for the same. You either toe the line or should be willing to be shunted or sidelined. Hence, most of the smart-aleck bureaucrats learn very early in their career to be ‘practical’. Populism and reckless politics are making country bleed by way of making developmental sacrifices.
Many feel that too much of democracy is rendering our institutions ineffective and redundant. The constant media attention and interest in such matters and portraying the same in gory sensational details without much attention to the merit of the case also make things difficult for both the political class and the bureaucracy. The media also often indulges in yellow journalism, focusing more on the demands of the protesting mob, without analysing and bringing forth the implications of acceding to such unjustified demands. The spirit or merit behind the project is seldom highlighted.
While we definitely need to be more circumspect with regards to the quality, quantity and kind of land we acquire for development, the truth remains that with weak state, the strong vested interests cannot be tackled. And a strong state shall require rejuvenated and reinforced institutions including that of executive, legislature, bureaucracy and police duly supported by the constructive political culture of a responsible political class who shall not compromise our national interests in a bid to advance their own petty political agenda.
Saumitra Mohan
The concatenation of incidents at Singur, Nandigram or the recent Amarnath row in Jammu and Kashmir relating to matters pertaining land has amply underscored the dilemma that faces our polity today. However, the fact remains that land is the principal factor for any developmental initiative. This is also a fact that for any developed country, the percentage contribution of agriculture to the national economy seldom exceeds more than 4-5 per cent with the rest coming from secondary and tertiary sectors including industries and services.
In other words, a more than predominant chunk of our Gross Domestic Product (GDP) has to come from industry and services which could also provide support and sustenance for the primary sector including agriculture and mining, if we really wish to be a developed country. These sectors could never develop if a sizable amount of land is not made available to them for development. But we know very well by now as to how difficult has it become to obtain/acquire land for development in the wake of Byzantine opposition politics surrounding the same.
This has made elected governments all over the country quite loath to use force or strong-arm measures for land acquisition, even if in the name of ‘development’. But what is more problematic is not the attitude of the land owners, but that of the vested interests who in the name of so-called ‘land protection committee’ do everything to sabotage a good project. The situation becomes worse when these vested interests are joined by the opposition to further their petty political agenda.
In a good number of cases, even where the acquisition price and rehabilitation package are very generous, the resistance still remains. And more often than not, this resistance is stage-managed than rooted in genuine public upsurge to refuse land for development in lieu of a good compensation. An agitation or movement around land acquisition is often engineered by these vested interests who have their own axe to grind, either in the form of some petty political advantage or outright financial interests. One has come across many such people while negotiating land acquisition or its possession. These people directly or indirectly seek pecuniary advantage for themselves, without being, in any way, perturbed or concerned about the real interests of the land losers or land owners, both registered and unregistered.
And these land-related problems relate not only to new projects as extension of new-wave agitations and movements, but also to the old, ongoing projects. Many of us in the administration have come across people who, not even remotely concerned with the legally transferred land in question, would demand a share in the pie from the private or public developers. These demands are usually in the form of rights to supply materials for undertaken work, often at bloated prices, jobs or contracts for taking up such work or even outright bribes or protection money to allow the work to go on unhindered.
And all this happens in the name of people, and often under the aegis of one or the other political party, thereby making it difficult for the administration to make a real development on the actual project, as use of force or arrest is no longer an option. This is because of the fact that the locally dominant party or grouping often fears losing or diminishing its support base as a result thereof. And in all this, it is the development which suffers, thwarting further value additions and multiplier effects by way of which extra demands could be generated, which in turn could fuel strong economic growth in that particular region and in the country as a whole.
As the law or rules pre-empt and prevent more than allowed generosity which acceding or accommodating the demands of these vested interests, many administrators, with active blessing from the government, have found ingenuous ways to do the same while working out a rehabilitation package. And, here one potent solution lies in the land requiring bodies (read industries) being made to share the additional burden of rehabilitation which is actually not very bad. But one does feel that the same needs to be further regularised and regulated to pre-empt any scope for foul play.
In states bordering international boundaries, these land acquisitions take on another dimension. One has noticed that the moment a land acquisition plan is announced, one would immediately see vested interests including supporters of different political parties make hordes of people go and occupy the intended land unauthorisedly in a bid to negotiate or extract rehabilitation candies in future. While one can see such attempts as one of the ways of distributive justice, it is definitely not so. What is painful is the fact that in many cases such planted occupiers are illegal immigrants from across the border, without any political rights whatsoever, and who are more than willing to pounce on such opportunities for a consideration. It is these people who are usually the cannon fodder ready to be used for any subversive activities within and without the country, but that is a separate issue altogether.
Reinforcing our ‘Soft State’ image as Gunnar Myrdal would have said, strong arm measures are increasingly becoming out of question for the administration. Opposition is more than willing to fish in the troubled waters. However, the same party, while in power, sings a different tune. One does feel the need for a positive change in our political culture save any destructive or negative politics. Naxalites are another bunch of misguided people sans any ideological mooring and devoid of any positive agenda. They act more as the agent saboteurs of enemy forces than genuine cup-bearers of the poor and deprived.
In all such cases, it is the bureaucracy which is blamed for the goof-ups, developmental deadlocks or even non-utilisation of government money sanctioned for a particular project. But more often than not, things are beyond the ken and control of bureaucracy which often finds that its hands are tied. The vested interests (read political class) do their best to sabotage the project in one or the other way by putting forward resistance or undue demands. And most of such troubles relate again to land related matters. Either it is the proposed land acquisition for new projects or government lands where the work is to be executed, but the same has been profusely encroached through political shenanigans. All such troubles or problems would have to be settled or fixed before undertaking the project.
Today it has become increasingly difficult for the bureaucracy to work as per rules or laws. It is often forced to bend the rules/laws without the political class willing to share responsibility for the same. You either toe the line or should be willing to be shunted or sidelined. Hence, most of the smart-aleck bureaucrats learn very early in their career to be ‘practical’. Populism and reckless politics are making country bleed by way of making developmental sacrifices.
Many feel that too much of democracy is rendering our institutions ineffective and redundant. The constant media attention and interest in such matters and portraying the same in gory sensational details without much attention to the merit of the case also make things difficult for both the political class and the bureaucracy. The media also often indulges in yellow journalism, focusing more on the demands of the protesting mob, without analysing and bringing forth the implications of acceding to such unjustified demands. The spirit or merit behind the project is seldom highlighted.
While we definitely need to be more circumspect with regards to the quality, quantity and kind of land we acquire for development, the truth remains that with weak state, the strong vested interests cannot be tackled. And a strong state shall require rejuvenated and reinforced institutions including that of executive, legislature, bureaucracy and police duly supported by the constructive political culture of a responsible political class who shall not compromise our national interests in a bid to advance their own petty political agenda.
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