Sino-Indian Relations: Moving forward
Saumitra Mohan
China occupies a prominent place in India’s ‘Look East Policy’. The two civilisational behemoths’ bilateral relations have undergone a slow, but steady consolidation for the better in recent times, notwithstanding a background of mistrust and misunderstanding carried over through decades.
Marred by the memories of 1962 border war and Cold War shenanigans, the qualitative improvement in bilateral relationship saw its beginning in Rajiv Gandhi’s visit to China in 1988 which has since then been sustained and consolidated through a series of actions including 1993 agreement between the two countries to maintain peace and tranquillity along the line of actual control. This positive transformation is reflected in the Prime Minister Dr. Manmohan Singh calling China ‘The Greatest Neighbour’ at Heillegendum Summit of G-8 countries. It is the same China whom the then Indian Defence Minister Mr. George Fernandes had termed India’s ‘Enemy Number One’ in the aftermath of India’s nuclear explosions in May 1998.
While Indian markets have seen an influx of Chinese products and manufactures, particularly consumer goods (mainly electronic goods and toys), Indian investors have also made a beeline to China with various investment proposals to harness the economic potential and opportunities beckoning them. The annual bilateral trade between the two Asian giants, today, stand at around 12 billion dollars. This is quite an impressive figure given the fact the same was a measly one billion dollars in the year 2000. And according to an estimate, the total value of bilateral trade would more than treble by 2010 to be around 40 billion dollars. This only shows the immense potential of trading opportunities between the two countries.
In fact, if the two countries can get their acts together, then many more such opportunities beckon them. The relative technological strengths, availability of natural resources, complementarity of interests, availability of technical know-how and expertise in different sectors and above all, availability of huge markets with considerable purchasing power ability are some of the reasons which make them natural partners. The geographical contiguity, cultural affinity and historical ties should only further facilitate and spur this relationship between the second and third largest global economies in terms of purchasing power parity.
Both the countries nurture some grievances against each other, India’s being more pronounced than that of China as it is India whose vast chunks of landmass are still in Chinese possession. Today, China is in illegal possession of 38,000 sq kms of Indian territory in Jammu and Kashmir excluding the 5180 sq kms of Indian territory in Pakistan-occupied-Kashmir illegally ceded to China by Pakistan. Not only this, a revisionist power that China is, she illegally claims yet another 90,000 sq kms of Indian territory in the eastern sector and 2000 sq kms in the middle sector. A status-quoist India, in keeping with her pacific postures, has rightly believed in amicable settlement of bilateral disputes through sustained engagement and dialogues, without compromising her core interests.
Despite a hot and cold relationship, the 3,440 kms-long Indo-China borders have been relatively peaceful since the bilateral agreement between the two in 1993 to maintain peace and tranquillity along the line of actual control, while simultaneously attempting to hammer out the boundary disputes. India and China have since then engaged at various levels to minimise their differences on issues of disputes including the border issue and have made some smart progress in appreciation of each others standpoints. There has also been a proposal of trade-off between the eastern and western sectors for resolution of the border dispute, but the same is still to be concretised in the shape of a formal proposal and follow-up negotiations. The recent border talks of Special Representatives of India and China were held on April 20-22, 2007 where decisions were taken regarding modalities and moves to come to a settlement.
While against a background where China stills illegally claims Indian territory, where she still refuses to recognise Arunachal Pradesh, where she keeps resorting to such pinpricks as denial of visas to officials and politicos from Arunachal Pradesh, where she allegedly continues aiding and abetting Indian insurgents and where she allegedly continues to build a nuclearised Pakistan as a counterweight to India, it would be interesting to see the trajectory of future relationship between the two countries.
While the string of irritants, that still remain between the two countries, does make one suspect of such bizarre suggestion as the development of a security triangle of India, China and Russia to act as a counter to the hegemony of the global super cop, the United States of America, there still remain a lot to explore and harness to take the Sino-Indian bilateral relations to a new height. These opportunities lie mainly in economic cooperation, as delineated above, which can be given new and productive dimensions through better coordination in the various multilateral fora including ASEAN, APEC and Shanghai Economic Grouping, not to speak of positive spin-offs of the dyadic engagements. The confidence building measures and track two diplomacy should also be continued simultaneously.
Whatever be the case, the fact remains that if India needs to secure her national interests from Malakka Strait to Persian Gulf, it definitely needs to have better relationship with her eastern neighbour which requires more engagement than estrangement. India appreciates this fact and accordingly pursues a policy of thicker economic relationship, while simultaneously pursuing a policy of sustained diplomacy to resolve the border imbroglio. But on the other hand, China also needs to reciprocate Indian overtures with equal enthusiasm, without further ruffling Indian sentiments relating to her core national interests including continuing to prop up Pakistan’s military strength and her nuclear muscles.
One just hopes that both countries would show more sagacity and appreciation of each others’ standpoints on various issues and continue to build bilateral relationship through sustained engagement and cooperation. The peaceful relationship between these two Asian giants reinforced by strong economic ties shall be a positive sign not only for the world peace and security, but shall also delineate the contours of regional prosperity.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Monday, July 2, 2007
Monday, June 11, 2007
Rethinking Indo-Bangla Relations
Saumitra Mohan
With a shared history and culture, it was expected that Indo-Bangladesh relations shall have a good trajectory but in reality, they have been always been held hostage to misplaced priorities owing to mutual misunderstandings. Indo-Bangla relations have so far been a tale of missed opportunities, even though there have been streaks of hopes also in between, marking our hot and cold relationship.
A bilateral relationship which was supposed to be predicated on the strong foundation of a successful ‘joint venture’ resulting in Bangladesh’s liberation through Indian assistance has all gone awry. The potential of bilateral cooperation in sundry fields based on this supposed mutual bonhomie has never been unleashed in a way which could have changed the very face of the economy of Bangladesh and could have resulted in substantive gains for India as well, particularly its north-eastern region.
Indo-Bangla Treaty of Friendship and Cooperation signed in the immediate aftermath of Bangladesh’s liberation was never allowed to work to its potential owing to various developments including negative political developments in Bangladesh from time to time. Some thorny issues have always plagued this relationship right from the beginning. Such issues, inter alia, include Tin Bigha Corridor, New Moore Island, Ganga water sharing, Tipaimukh Dam on Barak river in Manipur, Farakka barrage and border fencing. While issues like Tin Bigha, New Moore Island, water sharing and Farakka barrage have been resolved, more or less to mutual satisfaction, but there are still many more awaiting resolution, where the cobwebs of misunderstanding and mutual apprehension need to be cleared.
India has, from time to time, raised its concern over the alleged free run provided in Bangladesh to the Indian insurgents and terrorists who have used this Bangla hospitality to launch incursions and terrorist strikes against India. Bangladesh, while allegedly continuing turning a blind eye to the operations of such forces inimical to India’s interests, on its part, has always denied any such involvement in aiding and abetting them. Rather, it has often believed and seen an Indian role in the disturbances in its Chittagong region, something India has always denied. India, in fact, was a reluctant host to thousands of refugees from Chittagong for a long period before they were repatriated following an amicable settlement of the issue, but many refugees are still said to have stayed back fearing loss of life and property back home.
Illegal but regular immigration from Bangladesh into India has also been a cause of concern for the latter and despite appreciation of the problem on two sides, nothing substantive seems to be happening. Today, illegal Bangladeshi immigrants into India are said to be over ten million in number, something Indian security agencies have been rightly concerned about, as there have also been instances of ISI agents finding ways into Indian territory through Bangladesh.
With Bangladesh becoming a safe conduit for such illegal activities as drug trafficking, human trafficking and proliferation of small weapons, India has found further reasons for being concerned owing to the prejudicial upshot of the same. Moreover, the sustained negative activism by the forces of religious fundamentalism in Bangladesh has posed further threats to India’s security and integrity.
But despite all these security threats to India emanating from its soil, Bangladesh still does not appreciate the imperatives and advisability of border fencing by India and has vehemently opposed the same arguing that the same may further sour bilateral relations. Besides, there is also the issue of 225 enclaves in each others’ adverse possession, which need resolution. Though many joint survey and studies have been undertaken in the field, but something concrete is yet to materialize on this score.
Coming to economic cooperation, while India, as an elder partner, has always been more magnanimous in its concessions to Bangladesh, the latter, for some quaint reasons, is still quite inhibited in getting into a full-fledged economic cooperation, not realizing the fact that it may result in immense benefits for her as well. Despite the trade deficit for Bangladesh running into two billion dollars at the moment, there are immense benefits to be reaped from a full-grown economic cooperation between the two. Joint exploration of gas and oil resources as found in Bangladesh and utilization of the same through the proposed pipeline needs to be seriously considered by Bangladesh as the same would not only yield it economic dividends, but would also take Bangladesh on the path to economic prosperity.
Huge benefits await Bangladesh as a result of allowing transit facility through its territory to South East Asian countries for India as the same would earn huge economic rewards for her in terms of customs duty and other relevant tariffs.
Recently, the Tata Group, an Indian MNC, has proposed its investment plans worth three billion dollars for Bangladesh in its gas resources, something which has been touted as the largest so far in Bangladesh. Many more such investment opportunities are already lined up, not to speak of those already functional. With both the countries reducing bilateral customs duties and reducing their negative lists significantly, both can earn immense financial rewards in terms of customs duties as much of the illegal and underground trade would come over ground, thereby removing the uncertainties thrown up by the illegalities.
With Dhaka-Sealdah train service in the offing and Dhaka-Kolkata bus already operational, one just hopes that Indo-Bangladesh relations would take a turn for the better in times to come, more so with the army-backed interim government of Bangladesh intent on improving the bilateral relations with India. The interim government’s cracking down on corruption and fundamentalism and vowing to attend to India’s security concerns, one can hope for better relations between the two in times to come. Since South Asian Free Trade Area still is a long way into future, both countries would do well to explore the advisability of having a bilateral Indo-Bangla Free Trade Agreement in keeping with the mutuality of each others’ national interests. If both the countries are able to resolve the outstanding issues while taking positive and proactive steps for taking the bilateral relations to a new high, Indo-Bangla relations can actually set the pace for regional cooperation for rest of South Asia.
Saumitra Mohan
With a shared history and culture, it was expected that Indo-Bangladesh relations shall have a good trajectory but in reality, they have been always been held hostage to misplaced priorities owing to mutual misunderstandings. Indo-Bangla relations have so far been a tale of missed opportunities, even though there have been streaks of hopes also in between, marking our hot and cold relationship.
A bilateral relationship which was supposed to be predicated on the strong foundation of a successful ‘joint venture’ resulting in Bangladesh’s liberation through Indian assistance has all gone awry. The potential of bilateral cooperation in sundry fields based on this supposed mutual bonhomie has never been unleashed in a way which could have changed the very face of the economy of Bangladesh and could have resulted in substantive gains for India as well, particularly its north-eastern region.
Indo-Bangla Treaty of Friendship and Cooperation signed in the immediate aftermath of Bangladesh’s liberation was never allowed to work to its potential owing to various developments including negative political developments in Bangladesh from time to time. Some thorny issues have always plagued this relationship right from the beginning. Such issues, inter alia, include Tin Bigha Corridor, New Moore Island, Ganga water sharing, Tipaimukh Dam on Barak river in Manipur, Farakka barrage and border fencing. While issues like Tin Bigha, New Moore Island, water sharing and Farakka barrage have been resolved, more or less to mutual satisfaction, but there are still many more awaiting resolution, where the cobwebs of misunderstanding and mutual apprehension need to be cleared.
India has, from time to time, raised its concern over the alleged free run provided in Bangladesh to the Indian insurgents and terrorists who have used this Bangla hospitality to launch incursions and terrorist strikes against India. Bangladesh, while allegedly continuing turning a blind eye to the operations of such forces inimical to India’s interests, on its part, has always denied any such involvement in aiding and abetting them. Rather, it has often believed and seen an Indian role in the disturbances in its Chittagong region, something India has always denied. India, in fact, was a reluctant host to thousands of refugees from Chittagong for a long period before they were repatriated following an amicable settlement of the issue, but many refugees are still said to have stayed back fearing loss of life and property back home.
Illegal but regular immigration from Bangladesh into India has also been a cause of concern for the latter and despite appreciation of the problem on two sides, nothing substantive seems to be happening. Today, illegal Bangladeshi immigrants into India are said to be over ten million in number, something Indian security agencies have been rightly concerned about, as there have also been instances of ISI agents finding ways into Indian territory through Bangladesh.
With Bangladesh becoming a safe conduit for such illegal activities as drug trafficking, human trafficking and proliferation of small weapons, India has found further reasons for being concerned owing to the prejudicial upshot of the same. Moreover, the sustained negative activism by the forces of religious fundamentalism in Bangladesh has posed further threats to India’s security and integrity.
But despite all these security threats to India emanating from its soil, Bangladesh still does not appreciate the imperatives and advisability of border fencing by India and has vehemently opposed the same arguing that the same may further sour bilateral relations. Besides, there is also the issue of 225 enclaves in each others’ adverse possession, which need resolution. Though many joint survey and studies have been undertaken in the field, but something concrete is yet to materialize on this score.
Coming to economic cooperation, while India, as an elder partner, has always been more magnanimous in its concessions to Bangladesh, the latter, for some quaint reasons, is still quite inhibited in getting into a full-fledged economic cooperation, not realizing the fact that it may result in immense benefits for her as well. Despite the trade deficit for Bangladesh running into two billion dollars at the moment, there are immense benefits to be reaped from a full-grown economic cooperation between the two. Joint exploration of gas and oil resources as found in Bangladesh and utilization of the same through the proposed pipeline needs to be seriously considered by Bangladesh as the same would not only yield it economic dividends, but would also take Bangladesh on the path to economic prosperity.
Huge benefits await Bangladesh as a result of allowing transit facility through its territory to South East Asian countries for India as the same would earn huge economic rewards for her in terms of customs duty and other relevant tariffs.
Recently, the Tata Group, an Indian MNC, has proposed its investment plans worth three billion dollars for Bangladesh in its gas resources, something which has been touted as the largest so far in Bangladesh. Many more such investment opportunities are already lined up, not to speak of those already functional. With both the countries reducing bilateral customs duties and reducing their negative lists significantly, both can earn immense financial rewards in terms of customs duties as much of the illegal and underground trade would come over ground, thereby removing the uncertainties thrown up by the illegalities.
With Dhaka-Sealdah train service in the offing and Dhaka-Kolkata bus already operational, one just hopes that Indo-Bangladesh relations would take a turn for the better in times to come, more so with the army-backed interim government of Bangladesh intent on improving the bilateral relations with India. The interim government’s cracking down on corruption and fundamentalism and vowing to attend to India’s security concerns, one can hope for better relations between the two in times to come. Since South Asian Free Trade Area still is a long way into future, both countries would do well to explore the advisability of having a bilateral Indo-Bangla Free Trade Agreement in keeping with the mutuality of each others’ national interests. If both the countries are able to resolve the outstanding issues while taking positive and proactive steps for taking the bilateral relations to a new high, Indo-Bangla relations can actually set the pace for regional cooperation for rest of South Asia.
Tuesday, June 5, 2007
Revitalizing Rural Non-Farm Sector in Hooghly
*Saumitra Mohan
Creation of employment and income opportunities for the rural people has always been a top priority for the Government. The importance of rural non-farm sectors (RNFS) lies in the fact that it generates new jobs with relatively low direct investments, by utilizing local skills and resources or by meeting local demands by adoption of simple techniques.
NABARD (National Bank for Agricultural and Rural Development) and other government agencies have come together to implement the District Rural Industries Project (DRIP) to bring about an industrial rejuvenation in Hooghly district of West Bengal with respect to small-scale and cottage industries. The objectives of the study have been following:
· To identify and map the profile of the existing Rural Non-farm Sector (RNFS) activities and their distribution in Hooghly district, to be harnessed through credit and promotional support by banks, government departments, other developmental agencies, voluntary agencies (VAs) and NABARD;
· To identify the sectors with faster growth potential with the present infrastructure in terms of backward and forward linkages, market, technology and the perspectives in the light of improved infrastructural and institutional support;
· To suggest support mechanisms for facilitating marketing, technology upgradation, credit delivery, backward and forward linkages, ancillarisation/subcontracting and promotional support through NGOs/VAs;
· To develop a benchmark for future assessment and evaluation of the potential with regard to establishment of small/micro enterprises, employment generation, income generation, value addition, infrastructure development and credit absorption; and
· To establish database for RNFS in the district.
Hooghly district comprising eighteen blocks houses more than 17000 registered units of cottage and small-scale industries (Bureau of Applied Economics and Statistics, GoWB, 2003) and offers a great scope for development of cottage and small-scale industries. The selection of Hooghly under DRIP and the necessity of undertaking the present study possibly justify this assumption.
The methodological approach to the study involved a series of steps starting from stakeholder interaction and data collection to analysis of potentiality within the framework of institutional, financial and policy guidelines along with a critical review of industry specific components like marketing, technological upgradation, capacity building for suggesting improvement options to finally arrive at a consolidated improvement package presented in the form of an action plan.
Data have been collected both from primary and secondary sources. For primary data collection, tools like Structured Questionnaires for stakeholders, Focus Group Discussion, Interview, and Observation have been administered. A purposive sampling method has been adopted looking into the concentration of different kinds of industries in different Blocks with various characteristics to achieve greater representation.
The generated information led to the analysis of potentiality, which has been based on Porter’s Diamond Model, a standardized and established model for industry analysis. The modified Diamond Model included six factors for analysis each of which in turn had several constituent aspects. The constituent factors have been collated through a weighted cumulative model to arrive at the Potentiality Index (PI), weights being decided through an objective approach of stakeholder feedback analysis and researchers’ insight in industry dynamics. The analysis based on Potentiality Index and the District and Block’s Feedback converged to a point of unanimity in identifying the potential industries.
As observed from the analysis, the most potential industries are a mix of traditional and emerging activities. While Zari Chikan emerges as the most potential area of intervention because of high demand conditions, it is closely followed by Plastic Containers which is a Haldia downstream industry. Handloom, although not a very vibrant industry at present, still holds on to its position because of its high employment absorption capacity. Gunny bag making occupies an important position because of its linkage with cold storages, potato being the major vegetative produce of the region. Equally potential are industries like elastic tape, spices, agarbatti, nylon rope that have a mass clientele and could be operated at the SHG scale. Several other industries like Oil Crushing, Food Processing, Paper board, Wire net, Sports net, Bakery etc have occupied a priority position considering their ensuing demand and profitability conditions.
Hooghly district like any other district is characterized by the concentration of a few traditional activities evolved either by the patronage of a few prominent personalities or through a direct linkage with the available raw material resources. Majority of these industries operate in the Cottage Scale like Zari Chikan, Bell Metal, Boat Making, Fishing Wheel and several such. With the faster pace of development and the effects of globalization the micro enterprises in rural areas started facing competition from each other as well as from the organized sector. The 'Cluster Development Approach' has been considered a strategic initiative to help small-scale enterprises to withstand the challenges thrown up by competition and globalization. This calls for a focused assistance at clusters producing similar or inter-related range of goods and services. The District Administration, particularly the DIC (District Industrial Centre), is the key player in Cluster Development. NGOs also have a major role to play in the development and nurturing process.
Marketing in the RNFS in Hooghly as in other rural contexts, is largely dominated by middlemen (mahajan, hawkers or collectors) who enjoy a significant proportion of the profit, while the producers are left to struggle with the minimum share benefits accruing from value addition. The artisans specific to activities like Zari Chikan, Bell Metal, Handloom etc are mostly tagged to the middlemen for acquiring raw material and for the commercial disposal of finished items. Practically, they work as jobbers for the middlemen. Thus, the challenge in marketing of RNF products lies in reducing the barriers to direct commercialization and improving value appropriation to artisans. This could be achieved through assimilation of market intelligence through a MIS (Management Information System), particularly for products which have the potential of exploring higher order markets within and without the state.
Further, in view of various constraints, the rural market development and revitalization approach may bring better results. Along with the existing rural markets the district has identified a few spots for specialized markets to be developed as a product promotional programme. Handloom market in Dhaniakhali Block and Agricultural Super Market at Kamarpukur are prospective locations for rural markets. A rural market should also be developed in and around Dankuni to avail of the available infrastructural and communication facilities. However the markets need to be equipped with online marketing facilities to establish communication links all over India. Non-farm sector information can get through the Internet if each GP (Gram Panchayat) has a small information office.
Some of the activities in the Cottage and SSI sector need serious interventions in market related technology development for revival and development. The majority of the industries, which rank high in terms of Potentiality Index, do not need technological upgradation to operate in the present scale. Handloom, however, needs serious re-engineering in terms of diversification of items and related technology introduction. Further market linked diversification and technological innovations have been suggested for industries and activities like Jute, Brass and Bell Metal, Boat making, Key and Key Head, and Banana Processing. Areas of farm and non-farm linkages have been explored. It is established by now that to foster the development and expansion of farm/non-farm linkages, there must be an emphasis on improving agricultural technology. Backward and forward production linkages require modern agricultural-production systems.
While the RNFS aims to open up new avenues in front of women by providing preferences to woman-headed families and women entrepreneurs, several studies show that patterns of participation in the RNFS is commonly along lines of gender. The present study also reveals that there are differences across industries/activities with regard to participation of women. It is observed that in case of certain products like bell metal, wire net, polished powder for spectacle, vermi-compost, soap, craft paper etc., there is absence of female employees. On the other hand, soft toys making or hand embroidery are primarily carried out by women. Data also show that, the activities, where both male and female employees are engaged, also vary in their level of participation.
The study has also identified certain specific activities where women participation can be increased through creating awareness, imparting training which in turn would help in developing self esteem and empowering women in the society. Special consideration has been given to SHG (self-help groups) activities as those activities in general promote female involvement with certain mandatory provisions under SHG development programme particularly in case of SGSY (Swarna Jayanti Gram Swarojgar Yojna). Other than SHG activities, those activities have also been identified where participation of women is higher than their men counterpart. For these purposes, the products which have been identified as having potential for further women involvement are: Diversified Jute items, Nylon Rope, Zari Chikan, Hand Embroidery, Readymade Garments, Elastic tape, Spices, Pickles and Papad and Agarbatti etc. A total training package including functional literacy as well as skill development has been visualized for women, which would help in their self-development as successful entrepreneurs in the society.
Capacity building of artisans in general, to be able to produce better and enter larger markets would be a strategic intervention point. Skill trainings, trainings on design and on top of all Entrepreneurship Development Programmes are the major capacity building exercises for the rural people of Hooghly. Nearly all the IDOs (Industrial Development Officers) have pointed out the needs for rigorous and regular EDP (Executive Development Programme) to be conducted at the Block level. Various training agencies can be brought under the folds of the rural industrialization drive. Apart from the involvement of Small Industries Service Institute (SISI), other departmental agencies like NCJD and IJIRA for Jute, Haldia Petro-chemcal for HP down stream industries can be included. The SHGs need capacity building trainings not only in the particular trade or vocation, they need management trainings too. NGOs who conduct capacity building trainings should be tapped. The DRDC (District Rural Development Cell) and NABARD already have a record of such NGO-s.
Based on all the observations and inferences as noted above, an Action Plan has been prepared. The Action Plan has been designed with a focus on four types of groupings with respect to the small-scale and cottage sector in Hooghly district. The basic features of the Action Plan are as follow:
Promoting special-focus clusters with industries that have backward and forward linkages.
Existing industries that need improvement in terms of market linkages and distribution channels. The focus will be on developing clusters.
Existing industries that need to adopt product diversification and technology upgradation measures to stay competitive and profitable. The focus will be on imparting new design and technology skills to workmen in existing units.
New units that have the potential for high growth in Hooghly district. The action for this category will therefore be focused on ushering in new entrepreneurs
A bird’s eye view of the action plan for new units is provided bellow:
TOTAL UNITS, INVESTMENT, BANK LOAN & EMPLOYMENT GENERATION OVER FIVE YEARS (2005-06 TO 2009-10)
(Amount in Rs. Lakhs)
2005_06
2006_07
2007_08
2008_09
2009_10
Total
(Cumulative)
Total number of units
25
18
19
24
21
107
Total investment
255
487
672
721
781
2916.27
Total bank loan
217
414
571
613
664
2478.83
Total employment generation
219
316
335
375
434
1679
The industrial development plan, which includes emergence of new units and revitalization of the existing ones through technological, marketing and organizational support, would, however, involve a total financial outlay of Rs 3109.57 lakhs where investments in new units and for revitalization would be of the order of Rs 2916.27 lakhs and Rs 193.3 Lakhs respectively.
The industrial units expected to come up in the following five years in the small-scale sector would mainly be technologically advanced and would not be labour intensive. But these are expected to create a multiplier effect and draw in more units with backward and forward linkages and create the necessary base for attracting investors in the infrastructure and service sectors promoting further industrial development.
However, the parallel SHG programme would aim at high employment generation. It is expected that over the span of five years SHGs would create a platform for self-employment for more than 3, 00,000 rural potential employment seekers.
Since the 1950s, the government has supported SSI to generate employment and to promote regional dispersal and equal income distribution. The government has carried out various preferential policies for this sector, consisting of financial assistance from commercial banks and Development Financial Institutions (DFIs), tax exemption, reserved items for SSI, purchase preference by the government agencies, preferential access to materials, and provision of infrastructural facilities. The central and state governments in India have together set up an elaborate 3-tier structure at national, state and district levels, for promoting the small-scale sector. The environment for industrialization, through suitable financial linkages for SSI and SHG-s in the Non Farm Sector, has been made conducive through mandatory provisions over the last few years. Role of NGO-s has been institutionalized to mobilize the community for entering the RNFS through SHG-s.
With the external factor conditions in favour of the RNFS movement, a concerted effort backed by an efficiently drawn plan would lead to a big push in terms of industrialization. However the bottom line lies in educating and motivating potential entrepreneurs to participate in this industrialization drive.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242
*Saumitra Mohan
Creation of employment and income opportunities for the rural people has always been a top priority for the Government. The importance of rural non-farm sectors (RNFS) lies in the fact that it generates new jobs with relatively low direct investments, by utilizing local skills and resources or by meeting local demands by adoption of simple techniques.
NABARD (National Bank for Agricultural and Rural Development) and other government agencies have come together to implement the District Rural Industries Project (DRIP) to bring about an industrial rejuvenation in Hooghly district of West Bengal with respect to small-scale and cottage industries. The objectives of the study have been following:
· To identify and map the profile of the existing Rural Non-farm Sector (RNFS) activities and their distribution in Hooghly district, to be harnessed through credit and promotional support by banks, government departments, other developmental agencies, voluntary agencies (VAs) and NABARD;
· To identify the sectors with faster growth potential with the present infrastructure in terms of backward and forward linkages, market, technology and the perspectives in the light of improved infrastructural and institutional support;
· To suggest support mechanisms for facilitating marketing, technology upgradation, credit delivery, backward and forward linkages, ancillarisation/subcontracting and promotional support through NGOs/VAs;
· To develop a benchmark for future assessment and evaluation of the potential with regard to establishment of small/micro enterprises, employment generation, income generation, value addition, infrastructure development and credit absorption; and
· To establish database for RNFS in the district.
Hooghly district comprising eighteen blocks houses more than 17000 registered units of cottage and small-scale industries (Bureau of Applied Economics and Statistics, GoWB, 2003) and offers a great scope for development of cottage and small-scale industries. The selection of Hooghly under DRIP and the necessity of undertaking the present study possibly justify this assumption.
The methodological approach to the study involved a series of steps starting from stakeholder interaction and data collection to analysis of potentiality within the framework of institutional, financial and policy guidelines along with a critical review of industry specific components like marketing, technological upgradation, capacity building for suggesting improvement options to finally arrive at a consolidated improvement package presented in the form of an action plan.
Data have been collected both from primary and secondary sources. For primary data collection, tools like Structured Questionnaires for stakeholders, Focus Group Discussion, Interview, and Observation have been administered. A purposive sampling method has been adopted looking into the concentration of different kinds of industries in different Blocks with various characteristics to achieve greater representation.
The generated information led to the analysis of potentiality, which has been based on Porter’s Diamond Model, a standardized and established model for industry analysis. The modified Diamond Model included six factors for analysis each of which in turn had several constituent aspects. The constituent factors have been collated through a weighted cumulative model to arrive at the Potentiality Index (PI), weights being decided through an objective approach of stakeholder feedback analysis and researchers’ insight in industry dynamics. The analysis based on Potentiality Index and the District and Block’s Feedback converged to a point of unanimity in identifying the potential industries.
As observed from the analysis, the most potential industries are a mix of traditional and emerging activities. While Zari Chikan emerges as the most potential area of intervention because of high demand conditions, it is closely followed by Plastic Containers which is a Haldia downstream industry. Handloom, although not a very vibrant industry at present, still holds on to its position because of its high employment absorption capacity. Gunny bag making occupies an important position because of its linkage with cold storages, potato being the major vegetative produce of the region. Equally potential are industries like elastic tape, spices, agarbatti, nylon rope that have a mass clientele and could be operated at the SHG scale. Several other industries like Oil Crushing, Food Processing, Paper board, Wire net, Sports net, Bakery etc have occupied a priority position considering their ensuing demand and profitability conditions.
Hooghly district like any other district is characterized by the concentration of a few traditional activities evolved either by the patronage of a few prominent personalities or through a direct linkage with the available raw material resources. Majority of these industries operate in the Cottage Scale like Zari Chikan, Bell Metal, Boat Making, Fishing Wheel and several such. With the faster pace of development and the effects of globalization the micro enterprises in rural areas started facing competition from each other as well as from the organized sector. The 'Cluster Development Approach' has been considered a strategic initiative to help small-scale enterprises to withstand the challenges thrown up by competition and globalization. This calls for a focused assistance at clusters producing similar or inter-related range of goods and services. The District Administration, particularly the DIC (District Industrial Centre), is the key player in Cluster Development. NGOs also have a major role to play in the development and nurturing process.
Marketing in the RNFS in Hooghly as in other rural contexts, is largely dominated by middlemen (mahajan, hawkers or collectors) who enjoy a significant proportion of the profit, while the producers are left to struggle with the minimum share benefits accruing from value addition. The artisans specific to activities like Zari Chikan, Bell Metal, Handloom etc are mostly tagged to the middlemen for acquiring raw material and for the commercial disposal of finished items. Practically, they work as jobbers for the middlemen. Thus, the challenge in marketing of RNF products lies in reducing the barriers to direct commercialization and improving value appropriation to artisans. This could be achieved through assimilation of market intelligence through a MIS (Management Information System), particularly for products which have the potential of exploring higher order markets within and without the state.
Further, in view of various constraints, the rural market development and revitalization approach may bring better results. Along with the existing rural markets the district has identified a few spots for specialized markets to be developed as a product promotional programme. Handloom market in Dhaniakhali Block and Agricultural Super Market at Kamarpukur are prospective locations for rural markets. A rural market should also be developed in and around Dankuni to avail of the available infrastructural and communication facilities. However the markets need to be equipped with online marketing facilities to establish communication links all over India. Non-farm sector information can get through the Internet if each GP (Gram Panchayat) has a small information office.
Some of the activities in the Cottage and SSI sector need serious interventions in market related technology development for revival and development. The majority of the industries, which rank high in terms of Potentiality Index, do not need technological upgradation to operate in the present scale. Handloom, however, needs serious re-engineering in terms of diversification of items and related technology introduction. Further market linked diversification and technological innovations have been suggested for industries and activities like Jute, Brass and Bell Metal, Boat making, Key and Key Head, and Banana Processing. Areas of farm and non-farm linkages have been explored. It is established by now that to foster the development and expansion of farm/non-farm linkages, there must be an emphasis on improving agricultural technology. Backward and forward production linkages require modern agricultural-production systems.
While the RNFS aims to open up new avenues in front of women by providing preferences to woman-headed families and women entrepreneurs, several studies show that patterns of participation in the RNFS is commonly along lines of gender. The present study also reveals that there are differences across industries/activities with regard to participation of women. It is observed that in case of certain products like bell metal, wire net, polished powder for spectacle, vermi-compost, soap, craft paper etc., there is absence of female employees. On the other hand, soft toys making or hand embroidery are primarily carried out by women. Data also show that, the activities, where both male and female employees are engaged, also vary in their level of participation.
The study has also identified certain specific activities where women participation can be increased through creating awareness, imparting training which in turn would help in developing self esteem and empowering women in the society. Special consideration has been given to SHG (self-help groups) activities as those activities in general promote female involvement with certain mandatory provisions under SHG development programme particularly in case of SGSY (Swarna Jayanti Gram Swarojgar Yojna). Other than SHG activities, those activities have also been identified where participation of women is higher than their men counterpart. For these purposes, the products which have been identified as having potential for further women involvement are: Diversified Jute items, Nylon Rope, Zari Chikan, Hand Embroidery, Readymade Garments, Elastic tape, Spices, Pickles and Papad and Agarbatti etc. A total training package including functional literacy as well as skill development has been visualized for women, which would help in their self-development as successful entrepreneurs in the society.
Capacity building of artisans in general, to be able to produce better and enter larger markets would be a strategic intervention point. Skill trainings, trainings on design and on top of all Entrepreneurship Development Programmes are the major capacity building exercises for the rural people of Hooghly. Nearly all the IDOs (Industrial Development Officers) have pointed out the needs for rigorous and regular EDP (Executive Development Programme) to be conducted at the Block level. Various training agencies can be brought under the folds of the rural industrialization drive. Apart from the involvement of Small Industries Service Institute (SISI), other departmental agencies like NCJD and IJIRA for Jute, Haldia Petro-chemcal for HP down stream industries can be included. The SHGs need capacity building trainings not only in the particular trade or vocation, they need management trainings too. NGOs who conduct capacity building trainings should be tapped. The DRDC (District Rural Development Cell) and NABARD already have a record of such NGO-s.
Based on all the observations and inferences as noted above, an Action Plan has been prepared. The Action Plan has been designed with a focus on four types of groupings with respect to the small-scale and cottage sector in Hooghly district. The basic features of the Action Plan are as follow:
Promoting special-focus clusters with industries that have backward and forward linkages.
Existing industries that need improvement in terms of market linkages and distribution channels. The focus will be on developing clusters.
Existing industries that need to adopt product diversification and technology upgradation measures to stay competitive and profitable. The focus will be on imparting new design and technology skills to workmen in existing units.
New units that have the potential for high growth in Hooghly district. The action for this category will therefore be focused on ushering in new entrepreneurs
A bird’s eye view of the action plan for new units is provided bellow:
TOTAL UNITS, INVESTMENT, BANK LOAN & EMPLOYMENT GENERATION OVER FIVE YEARS (2005-06 TO 2009-10)
(Amount in Rs. Lakhs)
2005_06
2006_07
2007_08
2008_09
2009_10
Total
(Cumulative)
Total number of units
25
18
19
24
21
107
Total investment
255
487
672
721
781
2916.27
Total bank loan
217
414
571
613
664
2478.83
Total employment generation
219
316
335
375
434
1679
The industrial development plan, which includes emergence of new units and revitalization of the existing ones through technological, marketing and organizational support, would, however, involve a total financial outlay of Rs 3109.57 lakhs where investments in new units and for revitalization would be of the order of Rs 2916.27 lakhs and Rs 193.3 Lakhs respectively.
The industrial units expected to come up in the following five years in the small-scale sector would mainly be technologically advanced and would not be labour intensive. But these are expected to create a multiplier effect and draw in more units with backward and forward linkages and create the necessary base for attracting investors in the infrastructure and service sectors promoting further industrial development.
However, the parallel SHG programme would aim at high employment generation. It is expected that over the span of five years SHGs would create a platform for self-employment for more than 3, 00,000 rural potential employment seekers.
Since the 1950s, the government has supported SSI to generate employment and to promote regional dispersal and equal income distribution. The government has carried out various preferential policies for this sector, consisting of financial assistance from commercial banks and Development Financial Institutions (DFIs), tax exemption, reserved items for SSI, purchase preference by the government agencies, preferential access to materials, and provision of infrastructural facilities. The central and state governments in India have together set up an elaborate 3-tier structure at national, state and district levels, for promoting the small-scale sector. The environment for industrialization, through suitable financial linkages for SSI and SHG-s in the Non Farm Sector, has been made conducive through mandatory provisions over the last few years. Role of NGO-s has been institutionalized to mobilize the community for entering the RNFS through SHG-s.
With the external factor conditions in favour of the RNFS movement, a concerted effort backed by an efficiently drawn plan would lead to a big push in terms of industrialization. However the bottom line lies in educating and motivating potential entrepreneurs to participate in this industrialization drive.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242
Thursday, May 24, 2007
Naxalism: The Enemy Within
Naxalism:The Enemy Within
*Saumitra Mohan
The way Naxal activism and related violence has been recurring with increasing frequency lately has really become a cause of serious concern for not only the integrity and security, but also the general well-being of this country. While neighbouring Nepal is witnessing a reconciliation with the Naxals, as reflected in latter’s participation in the new government, India continues to be a victim of their gory ways. The mainstreaming of the Naxal movement in Nepal hopefully marks the end of the Naxal movement in that country, India still is still groping in the darkness to size up the real problem and come out with a suitable response in the form of a well-coordinated strategy to break this wild and intractable stallion called Naxalism.
As of now, Naxal violence, today, has spread its tentacles from 156 districts in 13 states in September 2004 to 170 districts in 15 states in February 2005, affecting about 40 per cent of the geographical area of the country and 35 per cent of its population, if we are to believe recent intelligence reports. With the objective of establishing a ‘Compact Revolutionary Zone’ as typified by the Red Corridor, extending from the boondocks of North Bihar to the underdeveloped hinterland of Jharkhand, Orissa, Chhattisgarh, Andhra Pradesh, Maharashtra and Karnataka, in the heart of India, the Naxals aim to use the same, reportedly, for eventual seizure of the State Power leading to subsequent establishment of the Maoist State.
Be it the activism of Salwa Judum in Chhattisgarh, the attack on Jehanabad jail (resulting in freeing of about 340 prisoners and their leader Ajay Kanu) in Bihar, the heinous killing of Sunil Mahato, the JMM Member of Parliament or the recent attack on a police camp in Bastar killing about 56 policemen, Naxals have been evincing greater precision, penetration, organization and audacity in striking their chosen targets at will. Before that also, they have attacked many such symbols of state authority, mostly police, as witnessed in their incursions in Koraput in Orissa, Madhubani in Bihar, Giridih and Bokaro in Jharkhand and in Karnataka, killing hundreds of policemen, looting fire arms and money.
Transforming themselves into a modern guerilla force, Naxals, today, are equipped with sophisticated weapons and communication system. With the formation of a united outfit namely CPI (Maoist) along with the raising of an armed wing i.e. People’s Liberation Guerrilla Army through the merger of Maoist Communist Centre (MCC) and People’s War Group (PWG), the Naxal Movement has not only succeeded in getting over the problem of sanguinary infighting amongst them, but the Movement has also witnessed a shift in focus and strategy. Today, they are not only logistically better organized and better trained, they are also better motivated and better led.
With the programme of a New Democratic Revolution, the Naxals wish to attain their goals through the spread of disaffection amongst the rural poor, by creating an impression that the new economic policy, hegemonic and imperialistic as it is, is prejudicial to their interests. The newly acquired prosperity of the landlords, bourgeois traders and bureaucrats further annoys and frustrates them. They believe that the benefits of the Panchayati Raj have been cornered by a handful of well-to-do peasants. Hence, they have declared all landlords, big or small, and all bourgeois, powerful or petty, as class enemies and have been working for their elimination by violent means.
The new strategy is one of protracted armed struggle whose objective is not seizure of land, crops or other immediate goals, but the seizure of the state power. Within this perspective, participation in elections and engagements with the prevailing bourgeois democracy are rejected, and all efforts and attention are firmly focussed on revolutionary activities to undermine the state and seize power, by hook or by crook. They plan to mount further attacks against the symbols of ‘feudalism, imperialism and comprador bureaucratic capitalism’ and they also don’t mind supporting the struggle of nationalities for the self-determination, including the right to secession. They have also been paying special attention to mobilizing and organizing women as a mighty force of the bloody revolution they are waging.
The Naxals, so far, have refused to see and acknowledge as to how the benefits of a consociational federal democracy and a plural welfare state have reached all and sundry, thereby pointing to the achievements of the nation-building efforts all these past years owing to which the Indian State has successfully avoided the pitfalls of a failed state, as seen in many countries in Africa and Latin America. By ignoring the urges of a growing nation to develop without any fetters, the Naxalites are refusing to see the writing on the wall. They would do well to understand that nothing has ever been achieved through violence and violence as a means to any goal has been a treacherous monster and, as such, has always devoured the users like the fictional Frankenstein.
No form of government has proved to be better than democracy which has responded and evolved as per the genius of its locale. Indian democracy has also been evolving slowly and has shown resilience and strength with every passing day. If the Naxalites still feel the other way round, they should come forward to discuss the same across the table. After all, there is nothing in the world that can not be discussed and resolved across the table.
Already, government has been responding to their basic allegations of inequitable and inegalitarian development and has come forward with a slew of development proposals to address the said inequity. Their support to secessionist and separatist movement is also greatly misplaced and points to their garbled conception of politics. By doing so, they are only helping the cause of those who love to see this country grovel in the dust.
By indulging in the brazen and unprincipled acts of violence, they are not only hurting the developmental cause of their own Nation, but they are also thereby playing in the hands of our enemies. For the government, it would be advisable to continue its efforts to bring them aboard, while continuing its developmental efforts simultaneously, without compromising with the security and integrity of the country.
The Nepalese Naxalites have shown the way by laying down arms and joining the mainstream political process. Our home-grown Naxals ought to take a cue from them.
*Saumitra Mohan
The way Naxal activism and related violence has been recurring with increasing frequency lately has really become a cause of serious concern for not only the integrity and security, but also the general well-being of this country. While neighbouring Nepal is witnessing a reconciliation with the Naxals, as reflected in latter’s participation in the new government, India continues to be a victim of their gory ways. The mainstreaming of the Naxal movement in Nepal hopefully marks the end of the Naxal movement in that country, India still is still groping in the darkness to size up the real problem and come out with a suitable response in the form of a well-coordinated strategy to break this wild and intractable stallion called Naxalism.
As of now, Naxal violence, today, has spread its tentacles from 156 districts in 13 states in September 2004 to 170 districts in 15 states in February 2005, affecting about 40 per cent of the geographical area of the country and 35 per cent of its population, if we are to believe recent intelligence reports. With the objective of establishing a ‘Compact Revolutionary Zone’ as typified by the Red Corridor, extending from the boondocks of North Bihar to the underdeveloped hinterland of Jharkhand, Orissa, Chhattisgarh, Andhra Pradesh, Maharashtra and Karnataka, in the heart of India, the Naxals aim to use the same, reportedly, for eventual seizure of the State Power leading to subsequent establishment of the Maoist State.
Be it the activism of Salwa Judum in Chhattisgarh, the attack on Jehanabad jail (resulting in freeing of about 340 prisoners and their leader Ajay Kanu) in Bihar, the heinous killing of Sunil Mahato, the JMM Member of Parliament or the recent attack on a police camp in Bastar killing about 56 policemen, Naxals have been evincing greater precision, penetration, organization and audacity in striking their chosen targets at will. Before that also, they have attacked many such symbols of state authority, mostly police, as witnessed in their incursions in Koraput in Orissa, Madhubani in Bihar, Giridih and Bokaro in Jharkhand and in Karnataka, killing hundreds of policemen, looting fire arms and money.
Transforming themselves into a modern guerilla force, Naxals, today, are equipped with sophisticated weapons and communication system. With the formation of a united outfit namely CPI (Maoist) along with the raising of an armed wing i.e. People’s Liberation Guerrilla Army through the merger of Maoist Communist Centre (MCC) and People’s War Group (PWG), the Naxal Movement has not only succeeded in getting over the problem of sanguinary infighting amongst them, but the Movement has also witnessed a shift in focus and strategy. Today, they are not only logistically better organized and better trained, they are also better motivated and better led.
With the programme of a New Democratic Revolution, the Naxals wish to attain their goals through the spread of disaffection amongst the rural poor, by creating an impression that the new economic policy, hegemonic and imperialistic as it is, is prejudicial to their interests. The newly acquired prosperity of the landlords, bourgeois traders and bureaucrats further annoys and frustrates them. They believe that the benefits of the Panchayati Raj have been cornered by a handful of well-to-do peasants. Hence, they have declared all landlords, big or small, and all bourgeois, powerful or petty, as class enemies and have been working for their elimination by violent means.
The new strategy is one of protracted armed struggle whose objective is not seizure of land, crops or other immediate goals, but the seizure of the state power. Within this perspective, participation in elections and engagements with the prevailing bourgeois democracy are rejected, and all efforts and attention are firmly focussed on revolutionary activities to undermine the state and seize power, by hook or by crook. They plan to mount further attacks against the symbols of ‘feudalism, imperialism and comprador bureaucratic capitalism’ and they also don’t mind supporting the struggle of nationalities for the self-determination, including the right to secession. They have also been paying special attention to mobilizing and organizing women as a mighty force of the bloody revolution they are waging.
The Naxals, so far, have refused to see and acknowledge as to how the benefits of a consociational federal democracy and a plural welfare state have reached all and sundry, thereby pointing to the achievements of the nation-building efforts all these past years owing to which the Indian State has successfully avoided the pitfalls of a failed state, as seen in many countries in Africa and Latin America. By ignoring the urges of a growing nation to develop without any fetters, the Naxalites are refusing to see the writing on the wall. They would do well to understand that nothing has ever been achieved through violence and violence as a means to any goal has been a treacherous monster and, as such, has always devoured the users like the fictional Frankenstein.
No form of government has proved to be better than democracy which has responded and evolved as per the genius of its locale. Indian democracy has also been evolving slowly and has shown resilience and strength with every passing day. If the Naxalites still feel the other way round, they should come forward to discuss the same across the table. After all, there is nothing in the world that can not be discussed and resolved across the table.
Already, government has been responding to their basic allegations of inequitable and inegalitarian development and has come forward with a slew of development proposals to address the said inequity. Their support to secessionist and separatist movement is also greatly misplaced and points to their garbled conception of politics. By doing so, they are only helping the cause of those who love to see this country grovel in the dust.
By indulging in the brazen and unprincipled acts of violence, they are not only hurting the developmental cause of their own Nation, but they are also thereby playing in the hands of our enemies. For the government, it would be advisable to continue its efforts to bring them aboard, while continuing its developmental efforts simultaneously, without compromising with the security and integrity of the country.
The Nepalese Naxalites have shown the way by laying down arms and joining the mainstream political process. Our home-grown Naxals ought to take a cue from them.
Wednesday, April 4, 2007
Operationalizing Right to Information
*Saumitra Mohan
While it is often said that we Indians are best at making laws but seldom show necessary gravitas towards their implementation. And of all the laws enacted recently, the Right to Information Act (RTI) is one which is really going to change the way of governance in times to come. Completely in sync with our democratic ethos, this Act is slowly but surely coming into its own. But, still a lot needs to be done to make it more useful and effective.
While it was Sweden which pioneered the Right to Information way back in 1766, the same was internationally recognized for the first time by its incorporation in the Universal Declaration of Human Rights (1948) and the Covenant on Civil and Political Rights (1966). But since then, only 72 countries including India have put in place any enabling legislation.
Even though it took a long while coming, still the Indian Act is considered exemplary. In 1975, the Supreme Court, in Uttar Pradesh vs Raj Narain case, ruled that ‘the people of this country have a right to know every public act’ and this was reaffirmed again in 1982 in S.P.Gupta & others vs President of India & others. With the civil society slowly finding its voice and wings, a movement started for toning down the provisions of Officials Secrets Act, 1923 and for the right to information, in 1996 leading to the passage of a Freedom of Information Act in 2002, but this Act remained still-born and was never notified. Eventually, sustained civil society activism saw the enactment of a revised and spruced up version of the 2002 Act, now re-christened as the Right to Information Act-2005.
But even though almost two years into its operation, it is increasingly felt that this Act is not being implemented properly due to bureaucratic resistance and government’s unwillingness to share information.
But we need to appreciate certain things before being able to put the entire issue in perspective. Being a new law, the Right to Information Act is in its infancy and, as such, is not expected to move mountains and set off systemic changes immediately, though it definitely is a right step in that direction.
While in the developed world, the laws relating to right to information are used to throw light on systems of governance, in India, most of the petitions under RTI relate to personal cases. Such petitions include those relating to individuals seeking to know the facts relating to their promotions, ACRs, examination copies, service details et al. One needs to appreciate that for proper vitalization of a law like this in our country, an enlightened activism by the civil society is a must. But, here where people are still busy grappling with their daily problems of survival, they generally don’t use the right to information unless and until it somehow relates to them. And believe me, when it does, many of these people would prefer underhand, but quick way of seeking the same rather than going through the rigmarole of right to information.
Moreover, the constraints of competitive parliamentary politics have also ensured the easy availability of all such information of public importance. The animated debates in state and national legislatures and decentralization of power under the Panchayati Raj Act have further smoothened this flow of information. A vibrant civil society led by a more vibrant and independent-minded media have only strengthened an already evolving system of accessing information otherwise not easily available to the hoi polloi.
Against the background of a competitive, but active party system, proliferation of numerous interest groups and activism of civil society led by mass media of communication, today there is almost nothing which is concealed from the people. The sting operations and investigative journalism have made people more watchful of their rights, thereby also cautioning and shaking out of stupor the people in the government and administration.
Today, we all know as Abraham Lincoln said, ‘you can fool some people for all the time, all the people for some time, but you can not fool all the people all the time’. So, even though the requisite information has always been available in one way or the other to those needing it, but a need has always been felt for having a better system of accessing and sharing information otherwise secretly tucked away in government files, thereby for strengthening the extant system of governance. It is this void that RTI fills in.
Before commenting on public protests over debarring file notings from the purview of RTI, one would hark back to a real story. Once, during a flood in one of the districts of Madhya Pradesh, the local District Magistrate was directed by the Chief Secretary to cut through the norms and rules to reach speedy relief to the people, as otherwise it was becoming difficult to obtain relief materials and select the requisite agencies to do the job without the normal routine of tendering and all. The DM in question did a neat job and there was a general appreciation for the good work done by him. But again, later there was an audit objection to this practice and the DM was literally in soup. DM discussed the issue with the Chief Secretary. The Chief Secretary initiated a note to the Chief Minister saying that the ‘DM carried out my instruction in cutting through routine to provide speedy relief to the people. The CM may kindly approve.’ And the CM signed on the dotted line. Well, even though entirely defensible as done in good faith and in public interest, if such file notings are brought into public domain, it can literally open the flood-gates thereby discouraging many such well-intentioned actions, otherwise indefensible in terms of compliance with the obtaining norms and rules. But yes, a blanket ban on all such file notings does warrant a rethink. It is hoped that with time, some modality would be worked out to bring this also in RTI’s ambit as would be the information with our judiciary.
So, even though the public response in the form of increased number of petitions seeking information under this new Act is poor, one need not feel that people needing information don’t have access to it or are being denied owing to bureaucratic resistance. It is simply that today there are many more channels of seeking and accessing information than the one RTI promises. And many of these channels including the underhand one are well-engrained in popular psyche and would take time before the new system strikes root.
But before RTI actualizes its declared objectives, there is an urgent need to create massive awareness among people about this right. And this awareness has to result in dogged public determination to access information in honest way. We also need to tackle such problems as popular apathy to fight others’ battles and for this, we need a conscientized civil society with an enlightened sense of altruism. And an equitable economic development freeing people of their ontological concerns is a prerequisite before such a thing happens.
Also, as of now the same administrative machinery has been entrusted with the responsibility of entertaining and processing petitions for information. One feels that there is an urgent need to provide a separate manpower, equipped with requisite infrastructure to be solely dedicated for this purpose.
As long as information is flowing on its own, one should not grudge the receipt of less number of petitions under the Act. The existence of such an Act is not only the recognition of the popular right to demand any and every information (but for those barred in public interest), it is also a pointer to the gradual strengthening of the democratic base of our country. Every law evolves according to its genius and so shall the Right to Information Act.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283
*Saumitra Mohan
While it is often said that we Indians are best at making laws but seldom show necessary gravitas towards their implementation. And of all the laws enacted recently, the Right to Information Act (RTI) is one which is really going to change the way of governance in times to come. Completely in sync with our democratic ethos, this Act is slowly but surely coming into its own. But, still a lot needs to be done to make it more useful and effective.
While it was Sweden which pioneered the Right to Information way back in 1766, the same was internationally recognized for the first time by its incorporation in the Universal Declaration of Human Rights (1948) and the Covenant on Civil and Political Rights (1966). But since then, only 72 countries including India have put in place any enabling legislation.
Even though it took a long while coming, still the Indian Act is considered exemplary. In 1975, the Supreme Court, in Uttar Pradesh vs Raj Narain case, ruled that ‘the people of this country have a right to know every public act’ and this was reaffirmed again in 1982 in S.P.Gupta & others vs President of India & others. With the civil society slowly finding its voice and wings, a movement started for toning down the provisions of Officials Secrets Act, 1923 and for the right to information, in 1996 leading to the passage of a Freedom of Information Act in 2002, but this Act remained still-born and was never notified. Eventually, sustained civil society activism saw the enactment of a revised and spruced up version of the 2002 Act, now re-christened as the Right to Information Act-2005.
But even though almost two years into its operation, it is increasingly felt that this Act is not being implemented properly due to bureaucratic resistance and government’s unwillingness to share information.
But we need to appreciate certain things before being able to put the entire issue in perspective. Being a new law, the Right to Information Act is in its infancy and, as such, is not expected to move mountains and set off systemic changes immediately, though it definitely is a right step in that direction.
While in the developed world, the laws relating to right to information are used to throw light on systems of governance, in India, most of the petitions under RTI relate to personal cases. Such petitions include those relating to individuals seeking to know the facts relating to their promotions, ACRs, examination copies, service details et al. One needs to appreciate that for proper vitalization of a law like this in our country, an enlightened activism by the civil society is a must. But, here where people are still busy grappling with their daily problems of survival, they generally don’t use the right to information unless and until it somehow relates to them. And believe me, when it does, many of these people would prefer underhand, but quick way of seeking the same rather than going through the rigmarole of right to information.
Moreover, the constraints of competitive parliamentary politics have also ensured the easy availability of all such information of public importance. The animated debates in state and national legislatures and decentralization of power under the Panchayati Raj Act have further smoothened this flow of information. A vibrant civil society led by a more vibrant and independent-minded media have only strengthened an already evolving system of accessing information otherwise not easily available to the hoi polloi.
Against the background of a competitive, but active party system, proliferation of numerous interest groups and activism of civil society led by mass media of communication, today there is almost nothing which is concealed from the people. The sting operations and investigative journalism have made people more watchful of their rights, thereby also cautioning and shaking out of stupor the people in the government and administration.
Today, we all know as Abraham Lincoln said, ‘you can fool some people for all the time, all the people for some time, but you can not fool all the people all the time’. So, even though the requisite information has always been available in one way or the other to those needing it, but a need has always been felt for having a better system of accessing and sharing information otherwise secretly tucked away in government files, thereby for strengthening the extant system of governance. It is this void that RTI fills in.
Before commenting on public protests over debarring file notings from the purview of RTI, one would hark back to a real story. Once, during a flood in one of the districts of Madhya Pradesh, the local District Magistrate was directed by the Chief Secretary to cut through the norms and rules to reach speedy relief to the people, as otherwise it was becoming difficult to obtain relief materials and select the requisite agencies to do the job without the normal routine of tendering and all. The DM in question did a neat job and there was a general appreciation for the good work done by him. But again, later there was an audit objection to this practice and the DM was literally in soup. DM discussed the issue with the Chief Secretary. The Chief Secretary initiated a note to the Chief Minister saying that the ‘DM carried out my instruction in cutting through routine to provide speedy relief to the people. The CM may kindly approve.’ And the CM signed on the dotted line. Well, even though entirely defensible as done in good faith and in public interest, if such file notings are brought into public domain, it can literally open the flood-gates thereby discouraging many such well-intentioned actions, otherwise indefensible in terms of compliance with the obtaining norms and rules. But yes, a blanket ban on all such file notings does warrant a rethink. It is hoped that with time, some modality would be worked out to bring this also in RTI’s ambit as would be the information with our judiciary.
So, even though the public response in the form of increased number of petitions seeking information under this new Act is poor, one need not feel that people needing information don’t have access to it or are being denied owing to bureaucratic resistance. It is simply that today there are many more channels of seeking and accessing information than the one RTI promises. And many of these channels including the underhand one are well-engrained in popular psyche and would take time before the new system strikes root.
But before RTI actualizes its declared objectives, there is an urgent need to create massive awareness among people about this right. And this awareness has to result in dogged public determination to access information in honest way. We also need to tackle such problems as popular apathy to fight others’ battles and for this, we need a conscientized civil society with an enlightened sense of altruism. And an equitable economic development freeing people of their ontological concerns is a prerequisite before such a thing happens.
Also, as of now the same administrative machinery has been entrusted with the responsibility of entertaining and processing petitions for information. One feels that there is an urgent need to provide a separate manpower, equipped with requisite infrastructure to be solely dedicated for this purpose.
As long as information is flowing on its own, one should not grudge the receipt of less number of petitions under the Act. The existence of such an Act is not only the recognition of the popular right to demand any and every information (but for those barred in public interest), it is also a pointer to the gradual strengthening of the democratic base of our country. Every law evolves according to its genius and so shall the Right to Information Act.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283
Tuesday, March 20, 2007
Reforming the Police
Saumitra Mohan
The debate over police reforms continues to rage. Sleeves have been folded and swords have been pulled for a one-to-one duel on either side of the fence and there are some straight on the fence, still undecided as to which side should they join. In the meanwhile, the Supreme Court has also made it clear that it is not going to compromise on its directions the basics whereof must be implemented within the stipulated time-frame.
While it is no one’s case that there should not be any reforms of the police organization at all, crucial as it is to the internal security of the country as well as to the administration of the criminal justice system, as also acknowledged by the various police commissions (both national and state ones), National Human Rights Commission (NHRC), and Justice Malimath Committee on Criminal Justice Reform. So, it is more in the fitness of things that the ongoing debate on police reforms, as presently pitched, should not only be well informed but should also be sensitive to the various concerns and issues as have been raised by the various parties involved.
While we have all felt all along the need for a strong, independent and sensitized police force for better enforcement of the law of the land and for protection of the hoi polloi's common civil rights, all this remained pious thoughts only, just nostrums from the rostrums. But many police reforms commissions and committees later, the issue of police reforms has finally caught the attention of our celebrated judiciary and with that of our government. And rightly so.
Notwithstanding the fact that we became independent almost sixty years back, we have left our police and policing to be governed by the colonial Indian Police Act of 1861. Even though a lot of incremental changes have been introduced in this Act from time to time, but they have been more in the nature of a patch-work and our police organization definitely deserves a better deal, more so in view of the multiple threats posed to our internal security. Today, with the structure of our society and state becoming more complex, we need to have a police organization which is accordingly geared to stand up to all the challenges to our security and sovereignty. The dimension of the non state actors becoming a distinct security threat with serious implications for our security preparations and needs has also to be adequately factored into our overall security planning.
Ironically, the court’s order came exactly a fortnight after the Police Act Drafting Committee headed by Soli Sorabjee put out for debate the rough draft for a new law to replace the antiquated Indian Police Act of 1861. The draft Police Act, inter alia, has provisions to check pressure on subordinate officers from their superiors and other quarters
So now, if the Supreme Court of India has its way and if the proposed legislation on police reforms sees the light of the day, the police are in for a meaningful makeover in not so distant future. While hearing a public interest litigation, the three-judge bench headed by no less than the Chief Justice of India has issued instructions to the requisite authorities to take necessary action in this regard as per detailed directives given by the court. The court directive recommends sweeping reforms, from restructuring of the entire force to its modernization and various qualitative changes.
As per recommendations, all states are to constitute a State Security Commission (SSC), a Police Establishment Board and a Police Complaints Authority. States are expected to ensure that all officers, from the rank of an SP to DGP, hold office, wherever they are posted, for, at least, two years. The UPSC is supposed to recommend three DGPs for each state out of which one will be selected by the SSC. Similarly, there will be a National Security Commission to pick the heads of the BSF, CISF, CRPF and the ITBP.
It is felt that if the whimsical and motivated transfers of senior police officers, something which has taken become quite menacing in recent times, can be checked, then it would do a world of good for the morale of the officers and with that, for the efficiency and effectiveness of the entire administration. But here questions have also been raised about advisability of such a move. The power to transfer officers, if used effectively, can become a potent tool to penalize or reward officials. It is feared that if such a power is taken from an elected people’s representative, then it would only result in strengthening of one institution at the expense of the other. But one feels that such a fear is unfounded as there can be made provisions to allay such fears in the proposed reformed structure but it shall not be fair not to do something about the reckless transfer industry as flourishing now.
The Bench has also ordered the setting up of a Commission to decide on selections and appointments to cushion the police force including officers from undue interference from various quarters in matters as important as the selection, posting and transfer of the officers. The two other striking aspects are the creation of a state security commission to supervise the entire police force and a complaints authority to probe complaints of misconduct against the police officials. All in all, the directive ought to streamline the functioning of the police in an effective and non-partisan manner.
As of now, the supervision over the police and redressal of complaints against it is ad hoc and informed with dilettantism. Creation of a State Security Commission is supposed to infuse an adequate amount of seriousness into our policing and such a systematic and coordinated supervision shall also make our policing a lot more professional in keeping with the changing times. Even though rise of an activist media and a conscientized civil society have succeeded to a good extent in highlighting various acts of omission and commission by the police, but having a separate and independent Complaints Authority specifically for this purpose shall make the public grievances redressal a lot more systematic and easier. It shall also have a salutary effect on our police organization as already visible in more responsible conduct of the police since activism by the judiciary and various human rights body went up.
The Home Ministry is believed to be keen on the creation of a federal agency that can investigate cases that have inter-state and international ramifications. Cases with cross-border implications like narcotics, trafficking of women and smuggling of arms are to be handled by what is to be called the Central Intelligence and Investigating Agency. As we are well aware that proliferation of small arms coupled with drug trafficking has lately emerged as the biggest challenge to the Comity of Nations and a constant drain on their energy and resources. With the terrorists relying mostly on the sale of smuggling of small arms and narcotic drugs for their finances to run their death machines, it becomes all the more important to have a professional agency dedicated and committed solely for such a purpose. The Central Government can directly ask it to investigate certain cases without the consent of the states, something which has far-reaching consequences for the federal structure of the Indian State and in keeping with the centralizing tendencies seen around the world in all the federal states.
At the same time, another special committee, constituted in December 2004, has identified 49 recommendations from the numerous reports of different police commissions to bring about drastic changes in the police and policing. It has confined itself to drawing up recommendations that are crucial for improvement in police functioning and the implementation of which would make an immediate impact on the reform process.
Among the short listed recommendations are those on which the Supreme Court has issued directives. The other recommendations include the creation of a Federal Police for internal security, modernization of police forces, improvement in forensic science and infrastructure, tackling organized crime, tackling economic offences, amending the Identification of Prisoners Act and measures to improve accountability and efficiency at all levels of the police hierarchy.
Of all, the modernization of the police force is something which requires immediate attention. At a time, when the criminals and terrorists are much better trained and equipped, we definitely need to do something about sprucing up the infrastructure available with our police force. Not only is there a need for a much better training curricula custom made to the requirements, but there is also an urgent need to provide a modern infrastructure equipped with state of the art policing equipment and resources. Though some such changes have been made at many places, but they are again piecemeal and on ad hoc basis. We need to do the same throughout, in a uniform manner without any exception.
While we all acknowledge that there, indeed, should be police reforms because of the way it has been functioning so far, the fact remains that the popular perception of the police is very negative. The police, as it functions now, is perceived as unresponsive, obtrusive, callous, corrupt, inefficient and ineffective notwithstanding the multifarious constraints and odds against which our police is pitted namely a rickety infrastructure, shortage of manpower, lack of necessary financial and other resources, lack of adequate training, unremunerative compensation and, most importantly, excessive political interference. So, there definitely is more than a case for not only reforming the police organization to cushion it against various ominous and insidious influences of the political power play, but also to make its functioning more transparent, responsive, sensitized, effective and independent, simultaneously equipping it with all the requisite infrastructure, resources and manpower.
But even though accepting the need for the police reforms, there have been clear voices of dissent from those corners which are liable to lose power and control over the police as a result of the proposed reforms. These voices have been those of the political and permanent executive. They feel that the reforms, as proposed, need more threadbare discussion and debate than plunging headlong into its implementation without minding the implications thereof but the judiciary has dug its heels in terming such suggestions and arguments as dilatory tactics.
Even while believing that many of these fears are baseless, one does feel that the supervisory control of the magistracy over the police should not be weakened any further. Keeping in mind the Actonion (of Lord Acton) dictum of ‘power corrupts and absolute power corrupts absolutely’, we should be careful that while guaranteeing absolute independence to police, it should not be allowed to become an empire in itself, unamenable to any supervisory control. While there are provisions of a Complaints Board, such a structure has always been found to be too formal in its operation. Ergo, there is definitely a need to revive the supervisory powers of the Executive Magistrate over the police, as also envisaged in the Police Rules but fallen in disuse. The Executive Magistrate in the field is the grass-root officer who is more easily accessible to the people and has a much more people-friendly face than the police. So, such age old practices as thana inspection and some say in performance evaluation by the Magistrate should be revived and further strengthened. Such a move would only strengthen and reinforce the reciprocal relationship between the two.
While one appreciates the fears expressed by all the sides, one also feels that one should, indeed, not rush through something as vital as police reforms and all related aspects ought to be thoroughly discussed before being implemented. Alternatively, the police reforms, as proposed, can be implemented, on a pilot basis, in one or two states (which have already consented to such reforms) while simultaneously continuing with an informed discussion and debate over police reforms. The learnings from the ‘pilot states’ can later be factored to further fine-tune these reforms. But police reforms are definitely something that require more than dilettantism and amateurish attention.
Even though this judicial activism has raised some hackles and ruffled some feathers, the ball for the police reforms has been set rolling. While the implementation of the proposed legislation may take time owing to fierce opposition from certain quarters, at least, a beginning has been made in transforming our police force into a more people-friendly and modern force. And with the Prime Minister and the Home Minister eager about implementing the far-reaching reforms, one is tempted to believe that this time police reforms shall receive their due share of attention and something positive shall come about. So, one should be more positive and optimistic because of the fact that this time judicial activism is matched by the government's enthusiasm to reform the police organization. One is sure that when these reforms see the light of the day and eventually implemented, we would not only a more sensitive and effective police force, we shall also have a better society to live in.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Saumitra Mohan
The debate over police reforms continues to rage. Sleeves have been folded and swords have been pulled for a one-to-one duel on either side of the fence and there are some straight on the fence, still undecided as to which side should they join. In the meanwhile, the Supreme Court has also made it clear that it is not going to compromise on its directions the basics whereof must be implemented within the stipulated time-frame.
While it is no one’s case that there should not be any reforms of the police organization at all, crucial as it is to the internal security of the country as well as to the administration of the criminal justice system, as also acknowledged by the various police commissions (both national and state ones), National Human Rights Commission (NHRC), and Justice Malimath Committee on Criminal Justice Reform. So, it is more in the fitness of things that the ongoing debate on police reforms, as presently pitched, should not only be well informed but should also be sensitive to the various concerns and issues as have been raised by the various parties involved.
While we have all felt all along the need for a strong, independent and sensitized police force for better enforcement of the law of the land and for protection of the hoi polloi's common civil rights, all this remained pious thoughts only, just nostrums from the rostrums. But many police reforms commissions and committees later, the issue of police reforms has finally caught the attention of our celebrated judiciary and with that of our government. And rightly so.
Notwithstanding the fact that we became independent almost sixty years back, we have left our police and policing to be governed by the colonial Indian Police Act of 1861. Even though a lot of incremental changes have been introduced in this Act from time to time, but they have been more in the nature of a patch-work and our police organization definitely deserves a better deal, more so in view of the multiple threats posed to our internal security. Today, with the structure of our society and state becoming more complex, we need to have a police organization which is accordingly geared to stand up to all the challenges to our security and sovereignty. The dimension of the non state actors becoming a distinct security threat with serious implications for our security preparations and needs has also to be adequately factored into our overall security planning.
Ironically, the court’s order came exactly a fortnight after the Police Act Drafting Committee headed by Soli Sorabjee put out for debate the rough draft for a new law to replace the antiquated Indian Police Act of 1861. The draft Police Act, inter alia, has provisions to check pressure on subordinate officers from their superiors and other quarters
So now, if the Supreme Court of India has its way and if the proposed legislation on police reforms sees the light of the day, the police are in for a meaningful makeover in not so distant future. While hearing a public interest litigation, the three-judge bench headed by no less than the Chief Justice of India has issued instructions to the requisite authorities to take necessary action in this regard as per detailed directives given by the court. The court directive recommends sweeping reforms, from restructuring of the entire force to its modernization and various qualitative changes.
As per recommendations, all states are to constitute a State Security Commission (SSC), a Police Establishment Board and a Police Complaints Authority. States are expected to ensure that all officers, from the rank of an SP to DGP, hold office, wherever they are posted, for, at least, two years. The UPSC is supposed to recommend three DGPs for each state out of which one will be selected by the SSC. Similarly, there will be a National Security Commission to pick the heads of the BSF, CISF, CRPF and the ITBP.
It is felt that if the whimsical and motivated transfers of senior police officers, something which has taken become quite menacing in recent times, can be checked, then it would do a world of good for the morale of the officers and with that, for the efficiency and effectiveness of the entire administration. But here questions have also been raised about advisability of such a move. The power to transfer officers, if used effectively, can become a potent tool to penalize or reward officials. It is feared that if such a power is taken from an elected people’s representative, then it would only result in strengthening of one institution at the expense of the other. But one feels that such a fear is unfounded as there can be made provisions to allay such fears in the proposed reformed structure but it shall not be fair not to do something about the reckless transfer industry as flourishing now.
The Bench has also ordered the setting up of a Commission to decide on selections and appointments to cushion the police force including officers from undue interference from various quarters in matters as important as the selection, posting and transfer of the officers. The two other striking aspects are the creation of a state security commission to supervise the entire police force and a complaints authority to probe complaints of misconduct against the police officials. All in all, the directive ought to streamline the functioning of the police in an effective and non-partisan manner.
As of now, the supervision over the police and redressal of complaints against it is ad hoc and informed with dilettantism. Creation of a State Security Commission is supposed to infuse an adequate amount of seriousness into our policing and such a systematic and coordinated supervision shall also make our policing a lot more professional in keeping with the changing times. Even though rise of an activist media and a conscientized civil society have succeeded to a good extent in highlighting various acts of omission and commission by the police, but having a separate and independent Complaints Authority specifically for this purpose shall make the public grievances redressal a lot more systematic and easier. It shall also have a salutary effect on our police organization as already visible in more responsible conduct of the police since activism by the judiciary and various human rights body went up.
The Home Ministry is believed to be keen on the creation of a federal agency that can investigate cases that have inter-state and international ramifications. Cases with cross-border implications like narcotics, trafficking of women and smuggling of arms are to be handled by what is to be called the Central Intelligence and Investigating Agency. As we are well aware that proliferation of small arms coupled with drug trafficking has lately emerged as the biggest challenge to the Comity of Nations and a constant drain on their energy and resources. With the terrorists relying mostly on the sale of smuggling of small arms and narcotic drugs for their finances to run their death machines, it becomes all the more important to have a professional agency dedicated and committed solely for such a purpose. The Central Government can directly ask it to investigate certain cases without the consent of the states, something which has far-reaching consequences for the federal structure of the Indian State and in keeping with the centralizing tendencies seen around the world in all the federal states.
At the same time, another special committee, constituted in December 2004, has identified 49 recommendations from the numerous reports of different police commissions to bring about drastic changes in the police and policing. It has confined itself to drawing up recommendations that are crucial for improvement in police functioning and the implementation of which would make an immediate impact on the reform process.
Among the short listed recommendations are those on which the Supreme Court has issued directives. The other recommendations include the creation of a Federal Police for internal security, modernization of police forces, improvement in forensic science and infrastructure, tackling organized crime, tackling economic offences, amending the Identification of Prisoners Act and measures to improve accountability and efficiency at all levels of the police hierarchy.
Of all, the modernization of the police force is something which requires immediate attention. At a time, when the criminals and terrorists are much better trained and equipped, we definitely need to do something about sprucing up the infrastructure available with our police force. Not only is there a need for a much better training curricula custom made to the requirements, but there is also an urgent need to provide a modern infrastructure equipped with state of the art policing equipment and resources. Though some such changes have been made at many places, but they are again piecemeal and on ad hoc basis. We need to do the same throughout, in a uniform manner without any exception.
While we all acknowledge that there, indeed, should be police reforms because of the way it has been functioning so far, the fact remains that the popular perception of the police is very negative. The police, as it functions now, is perceived as unresponsive, obtrusive, callous, corrupt, inefficient and ineffective notwithstanding the multifarious constraints and odds against which our police is pitted namely a rickety infrastructure, shortage of manpower, lack of necessary financial and other resources, lack of adequate training, unremunerative compensation and, most importantly, excessive political interference. So, there definitely is more than a case for not only reforming the police organization to cushion it against various ominous and insidious influences of the political power play, but also to make its functioning more transparent, responsive, sensitized, effective and independent, simultaneously equipping it with all the requisite infrastructure, resources and manpower.
But even though accepting the need for the police reforms, there have been clear voices of dissent from those corners which are liable to lose power and control over the police as a result of the proposed reforms. These voices have been those of the political and permanent executive. They feel that the reforms, as proposed, need more threadbare discussion and debate than plunging headlong into its implementation without minding the implications thereof but the judiciary has dug its heels in terming such suggestions and arguments as dilatory tactics.
Even while believing that many of these fears are baseless, one does feel that the supervisory control of the magistracy over the police should not be weakened any further. Keeping in mind the Actonion (of Lord Acton) dictum of ‘power corrupts and absolute power corrupts absolutely’, we should be careful that while guaranteeing absolute independence to police, it should not be allowed to become an empire in itself, unamenable to any supervisory control. While there are provisions of a Complaints Board, such a structure has always been found to be too formal in its operation. Ergo, there is definitely a need to revive the supervisory powers of the Executive Magistrate over the police, as also envisaged in the Police Rules but fallen in disuse. The Executive Magistrate in the field is the grass-root officer who is more easily accessible to the people and has a much more people-friendly face than the police. So, such age old practices as thana inspection and some say in performance evaluation by the Magistrate should be revived and further strengthened. Such a move would only strengthen and reinforce the reciprocal relationship between the two.
While one appreciates the fears expressed by all the sides, one also feels that one should, indeed, not rush through something as vital as police reforms and all related aspects ought to be thoroughly discussed before being implemented. Alternatively, the police reforms, as proposed, can be implemented, on a pilot basis, in one or two states (which have already consented to such reforms) while simultaneously continuing with an informed discussion and debate over police reforms. The learnings from the ‘pilot states’ can later be factored to further fine-tune these reforms. But police reforms are definitely something that require more than dilettantism and amateurish attention.
Even though this judicial activism has raised some hackles and ruffled some feathers, the ball for the police reforms has been set rolling. While the implementation of the proposed legislation may take time owing to fierce opposition from certain quarters, at least, a beginning has been made in transforming our police force into a more people-friendly and modern force. And with the Prime Minister and the Home Minister eager about implementing the far-reaching reforms, one is tempted to believe that this time police reforms shall receive their due share of attention and something positive shall come about. So, one should be more positive and optimistic because of the fact that this time judicial activism is matched by the government's enthusiasm to reform the police organization. One is sure that when these reforms see the light of the day and eventually implemented, we would not only a more sensitive and effective police force, we shall also have a better society to live in.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Friday, March 16, 2007
The Truth of Nandigram
Battleground Nandigram
Saumitra Mohan
In the history of West Bengal, 14th March, 2007 shall be remembered as a momentous day but for negative reasons when about 14 people fell prey to police firing while many more were injured. These people were those agitating against the so-called acquisitions of land for a proposed Special Economic Zone for Salim Group, an Indonesian multi-national company, in the remote Nandigram village of East Medinipur district. Police, administration and government, naturally, were all roundly criticized for the sanguinary fall-out. But we need to put certain things in perspective before better being able to appreciate the compulsions of use of force over there.
Memory fails one when one tries to recollect such ‘brutal’ police action in West Bengal in recent past except during the hey days of Naxal violence in the sixties. Administration and police as an inalienable part thereof has been reasonably very disciplined and liberal, while dealing with such agitations. In fact, often it has been accused to be too soft or liberal as being a left bastion, it can not be seen to be against the same proletariats whom the government claims to represent. So, what were the compelling circumstances which led to the so-called indiscriminate firing by an otherwise calm police force?
Let’s go back in history. As mentioned above, when Nandigram villagers got to know that the government is proposing to acquire land for industrial purposes a la Singur, the people there became very restive. The same was expected because it happens to be an area with considerable opposition support base. The opposition naturally grabbed the issue for its mobilisational politics and accordingly agitations began against government’s supposed attempts at forcible land acquisitions, even though the same was still on the drawing board and no formal declaration of such intent was communicated by the government.
So, people were made to see the smoke where there was no fire. Pursuant to such belief, there were great agitations leading to skirmishes between the police and the public in January in Nandigram, where a Sub-Inspector of Police was brutally lynched to death, while many policemen were injured during the mob attack on the police. Not much was heard of police action against the people. Police remained its restrained self.
Since then, the villagers (read vested interests) led by the vested interests not only dug up and cut off all the approach roads to the village, but also (almost) barred anyone from the administration or police to visit the village. Not only this, hundreds of people with contrary political colours were made to flee the village and camp outside. For almost two months, Nandigram became a place where the government’s writ had ceased to run and it became an enclave immune to any state power.
All the attempts to bring these people to come out and discuss the problems across the table failed notwithstanding government’s assurance that no land shall be acquired there without popular concurrence. Every time, someone from the administration or the police tried to visit the village, he/she was seen to be coming to take their land or so they were made to believe. Police also needed to enter the village to establish peace not only to rehabilitate the people who had fled their home and hearth out of fear, but also to ferret out the culprits who had indulged in criminal activities including killing of an SI of Police in January. So, when the police again tried to enter the village to take control and to establish the rule of law there on 14th March, the tension had been brewing in an already volatile Nandigram.
Police remained very restrained to begin with against a mob of thousands of people armed with crude weapons, bombs and firearms and tried everything possible in the circumstances including use of tear gas, rubber bullets et al but the same was to no avail. When pushed to the wall following mob violence leading to injury of many policemen, the police was left with no option but to open fire in ‘self-defense’ as also argued by the Chief Minister himself.
One would do well to remember that it was the same police which was criticized when a senior police officer of the rank of Additional Superintendent of Police was killed by an agitating mob during the Greater Cochbehar agitations last year in North Bengal. State power suffering regular reverses at the hands of an armed mob intent on taking law into its hands is not left with much choice. If the same does not happen, the fear of law would go with the state’s surrender of its monopoly over the legitimate use of force.
While everyone including the West Bengal Governor has condemned the incident and believes that the same was avoidable, one would say that such things become imperative when vested interests are out to fish in troubled waters and shut all doors on dialogues. One hopes that the CBI inquiries as ordered by the Calcutta High Court would bring out the truths and take to task those, if any, responsible for the unfortunate turn of events.
Last but not the least, one would say that West Bengal is actually experiencing a social churning these days, trying to jump from one phase of history to the other, from being an agrarian society to being an industrial society. And mind you, change is not without its costs. As they say, there is no gain without some pain. One just hopes, that such bouts of pain would become less and less with every passing day.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283
Saumitra Mohan
In the history of West Bengal, 14th March, 2007 shall be remembered as a momentous day but for negative reasons when about 14 people fell prey to police firing while many more were injured. These people were those agitating against the so-called acquisitions of land for a proposed Special Economic Zone for Salim Group, an Indonesian multi-national company, in the remote Nandigram village of East Medinipur district. Police, administration and government, naturally, were all roundly criticized for the sanguinary fall-out. But we need to put certain things in perspective before better being able to appreciate the compulsions of use of force over there.
Memory fails one when one tries to recollect such ‘brutal’ police action in West Bengal in recent past except during the hey days of Naxal violence in the sixties. Administration and police as an inalienable part thereof has been reasonably very disciplined and liberal, while dealing with such agitations. In fact, often it has been accused to be too soft or liberal as being a left bastion, it can not be seen to be against the same proletariats whom the government claims to represent. So, what were the compelling circumstances which led to the so-called indiscriminate firing by an otherwise calm police force?
Let’s go back in history. As mentioned above, when Nandigram villagers got to know that the government is proposing to acquire land for industrial purposes a la Singur, the people there became very restive. The same was expected because it happens to be an area with considerable opposition support base. The opposition naturally grabbed the issue for its mobilisational politics and accordingly agitations began against government’s supposed attempts at forcible land acquisitions, even though the same was still on the drawing board and no formal declaration of such intent was communicated by the government.
So, people were made to see the smoke where there was no fire. Pursuant to such belief, there were great agitations leading to skirmishes between the police and the public in January in Nandigram, where a Sub-Inspector of Police was brutally lynched to death, while many policemen were injured during the mob attack on the police. Not much was heard of police action against the people. Police remained its restrained self.
Since then, the villagers (read vested interests) led by the vested interests not only dug up and cut off all the approach roads to the village, but also (almost) barred anyone from the administration or police to visit the village. Not only this, hundreds of people with contrary political colours were made to flee the village and camp outside. For almost two months, Nandigram became a place where the government’s writ had ceased to run and it became an enclave immune to any state power.
All the attempts to bring these people to come out and discuss the problems across the table failed notwithstanding government’s assurance that no land shall be acquired there without popular concurrence. Every time, someone from the administration or the police tried to visit the village, he/she was seen to be coming to take their land or so they were made to believe. Police also needed to enter the village to establish peace not only to rehabilitate the people who had fled their home and hearth out of fear, but also to ferret out the culprits who had indulged in criminal activities including killing of an SI of Police in January. So, when the police again tried to enter the village to take control and to establish the rule of law there on 14th March, the tension had been brewing in an already volatile Nandigram.
Police remained very restrained to begin with against a mob of thousands of people armed with crude weapons, bombs and firearms and tried everything possible in the circumstances including use of tear gas, rubber bullets et al but the same was to no avail. When pushed to the wall following mob violence leading to injury of many policemen, the police was left with no option but to open fire in ‘self-defense’ as also argued by the Chief Minister himself.
One would do well to remember that it was the same police which was criticized when a senior police officer of the rank of Additional Superintendent of Police was killed by an agitating mob during the Greater Cochbehar agitations last year in North Bengal. State power suffering regular reverses at the hands of an armed mob intent on taking law into its hands is not left with much choice. If the same does not happen, the fear of law would go with the state’s surrender of its monopoly over the legitimate use of force.
While everyone including the West Bengal Governor has condemned the incident and believes that the same was avoidable, one would say that such things become imperative when vested interests are out to fish in troubled waters and shut all doors on dialogues. One hopes that the CBI inquiries as ordered by the Calcutta High Court would bring out the truths and take to task those, if any, responsible for the unfortunate turn of events.
Last but not the least, one would say that West Bengal is actually experiencing a social churning these days, trying to jump from one phase of history to the other, from being an agrarian society to being an industrial society. And mind you, change is not without its costs. As they say, there is no gain without some pain. One just hopes, that such bouts of pain would become less and less with every passing day.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283
Monday, February 26, 2007
Dealing with Terrorism
*Saumitra Mohan
With the changes in time, the concept of security has also undergone changes. In these times of globalization, when complex interdependence and enhanced multilateral cooperation should have led to greater coordination and enhanced security all round, all of a sudden, the nation-state seem to be experiencing sharp decline in its ability to defend its citizens against all kinds of threats. With the sovereign status of the nation-state having been severely dented due to multifarious factors including the forces of globalization, the monopoly over legitimate use of violence also seem to have been drastically breached. The non-state actors (read terrorists, extremists and militants) all over have operated with impunity, with the Comity of Nations finding itself helpless against their determination to wreak havoc in pursuance of their different agenda.
India has often been christened a ‘soft state’ for its high level of tolerance, necessitated by its need to consolidate its nascent nation-state through different consociational (read inclusional) measures to accommodate all the constituent components of the federation at different levels of development. But now that India has been trying every possible means to shed this image by acting tough, the terrorists, separatist and fissiparous forces are still finding ways to strike at will.
But in all this, those who have desired all along to bleed India through a thousand cuts are themselves bleeding as the Frankenstein’s monster, they created, has not spared them as well. Today, terrorist attacks have become one of the biggest problems of our internal security concerns, with serious implications for the overarching security architecture.
Many serial bomb blasts in Bombay, train bombings, street bombings, terrorist attacks on the sacrosanct Parliament and many other such attacks later, we have been forced to do some serious thinking about the ways to deal with the same. While efforts have been made to deal with the root cause of the problem, particularly those stemming from an inegalitarian economic development and high levels of poverty, but experience says that under-development is not the only reason or only way to explain such a problem. After all, the western countries including the United States, the United Kingdom and Spain have also suffered at the hands of terrorism despite high levels of development. So, we have to look at the problem differently and deal with the same differently as well.
We should never lower our guard, while dealing with the threats of terrorism. While we should keep trying to address the basic reasons or sources of such problems by ratcheting up our efforts to find a lasting solution through socio-economic-political-diplomatic means, we also need to think of innovative ways of tackling such non-conventional threats to the integrity and security of our country. The proxy war being waged has gone too far now to be allowed to interfere with the peaceful existence and continued well-being of this country.
Against this background, today we need a multi-pronged strategy to deal with such threats on the ground. While efforts may be made to initiate dialogue with such estranged groups as and where possible to bring them aboard as well as to redress their developmental grievances through special initiatives and coordinated action, but more than that we now need to include the civil society in our overall strategy to tackle such threats. Since the threats are unconventional, the response also has to be unconventional. Today, every civilian in this country needs to be on his/her guard all the time and has to act as the ears and eyes of the state for all our security efforts to make any sense.
Our national security apparatus needs to give it a serious thought. Today, we not only need to further train and equip our police and para-military forces with better incentives thrown in to attract better quality people into such forces, we also need to harness the services of such agencies as National Cadet Corps, National Service Scheme and Civil Defense Wings in the interests of our internal security. We further need to find out, create and include more such groups to be a part of our extended security infrastructure. As many as possible, the members of the civil society need to be made part of this overall strategy and as such, special awareness and training programmes may be organized to make them an inalienable part of the security machine. After all, everyone needs to understand that with the country being insecure, they can never be secure.
Besides, we also have to improve the ground infrastructure to be better able to detect and prevent such threats to the lives and property of our citizens. So such simple things as installation of x-ray scan machines and close-circuit cameras coupled with regular checking with metal-detectors should be made compulsory at all the railway stations, bus terminals, important private and government offices as well as important and crowded thoroughfares and locations. The services of sniffer dogs can also be employed as and where required depending on threat perceptions, but definitely at all the crowded places. While costs involved in all this may seem prohibitive to begin with, but compared to the potential threats to the lives and property of our nation, they appear trifling. With such threats and their unpredictability only growing with every passing day, that seems the only way whereby such threats need to be tackled in future. So, before the push comes to shove, we should actually get going and try all the measures as suggested above.
Today, every citizen needs to be a soldier and every next location needs to be guarded and secured like a cherished fortress. Today, the way to deal with such non-conventional threats to our internal security is by taking all such preemptive measures and by becoming smarter and thinking faster than the terrorists to beat them at their own games.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and does not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
*Saumitra Mohan
With the changes in time, the concept of security has also undergone changes. In these times of globalization, when complex interdependence and enhanced multilateral cooperation should have led to greater coordination and enhanced security all round, all of a sudden, the nation-state seem to be experiencing sharp decline in its ability to defend its citizens against all kinds of threats. With the sovereign status of the nation-state having been severely dented due to multifarious factors including the forces of globalization, the monopoly over legitimate use of violence also seem to have been drastically breached. The non-state actors (read terrorists, extremists and militants) all over have operated with impunity, with the Comity of Nations finding itself helpless against their determination to wreak havoc in pursuance of their different agenda.
India has often been christened a ‘soft state’ for its high level of tolerance, necessitated by its need to consolidate its nascent nation-state through different consociational (read inclusional) measures to accommodate all the constituent components of the federation at different levels of development. But now that India has been trying every possible means to shed this image by acting tough, the terrorists, separatist and fissiparous forces are still finding ways to strike at will.
But in all this, those who have desired all along to bleed India through a thousand cuts are themselves bleeding as the Frankenstein’s monster, they created, has not spared them as well. Today, terrorist attacks have become one of the biggest problems of our internal security concerns, with serious implications for the overarching security architecture.
Many serial bomb blasts in Bombay, train bombings, street bombings, terrorist attacks on the sacrosanct Parliament and many other such attacks later, we have been forced to do some serious thinking about the ways to deal with the same. While efforts have been made to deal with the root cause of the problem, particularly those stemming from an inegalitarian economic development and high levels of poverty, but experience says that under-development is not the only reason or only way to explain such a problem. After all, the western countries including the United States, the United Kingdom and Spain have also suffered at the hands of terrorism despite high levels of development. So, we have to look at the problem differently and deal with the same differently as well.
We should never lower our guard, while dealing with the threats of terrorism. While we should keep trying to address the basic reasons or sources of such problems by ratcheting up our efforts to find a lasting solution through socio-economic-political-diplomatic means, we also need to think of innovative ways of tackling such non-conventional threats to the integrity and security of our country. The proxy war being waged has gone too far now to be allowed to interfere with the peaceful existence and continued well-being of this country.
Against this background, today we need a multi-pronged strategy to deal with such threats on the ground. While efforts may be made to initiate dialogue with such estranged groups as and where possible to bring them aboard as well as to redress their developmental grievances through special initiatives and coordinated action, but more than that we now need to include the civil society in our overall strategy to tackle such threats. Since the threats are unconventional, the response also has to be unconventional. Today, every civilian in this country needs to be on his/her guard all the time and has to act as the ears and eyes of the state for all our security efforts to make any sense.
Our national security apparatus needs to give it a serious thought. Today, we not only need to further train and equip our police and para-military forces with better incentives thrown in to attract better quality people into such forces, we also need to harness the services of such agencies as National Cadet Corps, National Service Scheme and Civil Defense Wings in the interests of our internal security. We further need to find out, create and include more such groups to be a part of our extended security infrastructure. As many as possible, the members of the civil society need to be made part of this overall strategy and as such, special awareness and training programmes may be organized to make them an inalienable part of the security machine. After all, everyone needs to understand that with the country being insecure, they can never be secure.
Besides, we also have to improve the ground infrastructure to be better able to detect and prevent such threats to the lives and property of our citizens. So such simple things as installation of x-ray scan machines and close-circuit cameras coupled with regular checking with metal-detectors should be made compulsory at all the railway stations, bus terminals, important private and government offices as well as important and crowded thoroughfares and locations. The services of sniffer dogs can also be employed as and where required depending on threat perceptions, but definitely at all the crowded places. While costs involved in all this may seem prohibitive to begin with, but compared to the potential threats to the lives and property of our nation, they appear trifling. With such threats and their unpredictability only growing with every passing day, that seems the only way whereby such threats need to be tackled in future. So, before the push comes to shove, we should actually get going and try all the measures as suggested above.
Today, every citizen needs to be a soldier and every next location needs to be guarded and secured like a cherished fortress. Today, the way to deal with such non-conventional threats to our internal security is by taking all such preemptive measures and by becoming smarter and thinking faster than the terrorists to beat them at their own games.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and does not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Tuesday, February 13, 2007
Is bureaucracy the real culprit for all our woes?
Saumitra Mohan
Many in this country consider the Indian bureaucracy to be the prime suspect along with our political class for India not taking off the way it should have. They feel that because of many ills including the one emanating from our bureaucracy, India seems to have got stuck in a developmental time warp.
Now the point is is that really so? Have we verily lost so much because of this behemoth, the formidable steel-frame bequeathed to us by the Raj when it departed from this country? No doubt, bureaucracy is to blame to some extent along with other usual suspects for many of our problems. But no good student of Indian developmental history would and should deny the credit that Indian bureaucracy deserves.
True, many of our time twins have surpassed us in the developmental rat race but isn’t it also true that many of them have also fallen by the wayside. We always look at the successful to despise our own achievements without also looking at and comprehending the various inherent constraints India is burdened with.
Comparing the incomparable is never advisable. Look at Pakistan, Bangladesh, Nepal and many other countries in Africa and Latin America and then we can better appreciate our own achievements. We were fortunate in not only having some selfless, dedicated and committed leaders at the helm at the time of our independence who led us successfully through the many initial teething troubles but we were also fortunate in having this strong institution of Indian bureaucracy which proved to be a great asset, something lacked by many.
And that is why the bureaucracy which is said to be so far hiding in a cocoon is itself been frantically trying to come out of it responding again to the logic and genius of time and place which have changed a lot by now. So, you have a slew of initiatives being taken right since the early nineties of the last century to reform the bureaucracy to make its functioning simpler, transparent, accessible and effective. Hence, the concept of a Facilitator Bureaucracy than that of a Provider Bureaucracy intoxicated with the opium of power and consequent feudal obeisance.
A society gets what it deserves. Bureaucracy can not but be a reflection of the society it comes out of. We all agree that our values are at an all time low. So as the value system of our society changes, so is changing the way people perceive the power and the bureaucracy. Some members of the bureaucracy, hidden behind the veil of Official Secrets Acts and such information which was not so far available to the people, so far could get away with many of their acts of omissions and commissions but no longer so. Not only is there a Right to Information in the offing, but there is also a much conscientised civil society ably assisted by a vibrant media and multiple interest groups which have put paid to the continuation of the lordly way in which the bureaucracy has functioned so far. Hence, the need for reform in bureaucracy and reform in the outlook of the people towards the bureaucracy.
While talking about the bureaucracy, we often forget that administration is not simply the All India Services or other Class-I services. It is, in fact, the entire machinery of the government at political level, the senior decision-making level and the implementation level. It is not only the District Magistrate at the district level but also the Patwari, the Tehsildar, the Revenue Officer, the Head Clerk, the policeman, the teacher of the government-run school, the doctor in the primary health centre and various elected officials of the panchayati raj institutions and all those at the lower rungs of the bureaucracy whose role is more crucial as it is the latter who come to contact with the hoi polloi on day to day basis.
It has often come to be seen that even though the senior officials are quite honest, it is the lower rung staff which has worsened the situation. Here, we would have to think of the whys and wherefores of their negative acts including the various ways to provide them a good career and incentive structure, something which is very much lacking in our system.
So, tinkering with bureaucracy would be of no avail unless and until we do the same for the whole society and the system at various levels. If we really wish to translate to goals of the welfare state that India is, we need reforms at ever level, from top to bottom with better incentive and monitoring structure backed by a sound education and value system.
Today, we need a conscientised civil society ably assisted by a vibrant Fourth Estate to make informed choice about every important issue at hand. We also need a well-oiled education system backed by a positive value system and a sound top-to-bottom bureaucratic and political structure with proper incentives and an effective system of checks and balances before we can actually expect to get our deserved place in the sun.
* Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Saumitra Mohan
Many in this country consider the Indian bureaucracy to be the prime suspect along with our political class for India not taking off the way it should have. They feel that because of many ills including the one emanating from our bureaucracy, India seems to have got stuck in a developmental time warp.
Now the point is is that really so? Have we verily lost so much because of this behemoth, the formidable steel-frame bequeathed to us by the Raj when it departed from this country? No doubt, bureaucracy is to blame to some extent along with other usual suspects for many of our problems. But no good student of Indian developmental history would and should deny the credit that Indian bureaucracy deserves.
True, many of our time twins have surpassed us in the developmental rat race but isn’t it also true that many of them have also fallen by the wayside. We always look at the successful to despise our own achievements without also looking at and comprehending the various inherent constraints India is burdened with.
Comparing the incomparable is never advisable. Look at Pakistan, Bangladesh, Nepal and many other countries in Africa and Latin America and then we can better appreciate our own achievements. We were fortunate in not only having some selfless, dedicated and committed leaders at the helm at the time of our independence who led us successfully through the many initial teething troubles but we were also fortunate in having this strong institution of Indian bureaucracy which proved to be a great asset, something lacked by many.
And that is why the bureaucracy which is said to be so far hiding in a cocoon is itself been frantically trying to come out of it responding again to the logic and genius of time and place which have changed a lot by now. So, you have a slew of initiatives being taken right since the early nineties of the last century to reform the bureaucracy to make its functioning simpler, transparent, accessible and effective. Hence, the concept of a Facilitator Bureaucracy than that of a Provider Bureaucracy intoxicated with the opium of power and consequent feudal obeisance.
A society gets what it deserves. Bureaucracy can not but be a reflection of the society it comes out of. We all agree that our values are at an all time low. So as the value system of our society changes, so is changing the way people perceive the power and the bureaucracy. Some members of the bureaucracy, hidden behind the veil of Official Secrets Acts and such information which was not so far available to the people, so far could get away with many of their acts of omissions and commissions but no longer so. Not only is there a Right to Information in the offing, but there is also a much conscientised civil society ably assisted by a vibrant media and multiple interest groups which have put paid to the continuation of the lordly way in which the bureaucracy has functioned so far. Hence, the need for reform in bureaucracy and reform in the outlook of the people towards the bureaucracy.
While talking about the bureaucracy, we often forget that administration is not simply the All India Services or other Class-I services. It is, in fact, the entire machinery of the government at political level, the senior decision-making level and the implementation level. It is not only the District Magistrate at the district level but also the Patwari, the Tehsildar, the Revenue Officer, the Head Clerk, the policeman, the teacher of the government-run school, the doctor in the primary health centre and various elected officials of the panchayati raj institutions and all those at the lower rungs of the bureaucracy whose role is more crucial as it is the latter who come to contact with the hoi polloi on day to day basis.
It has often come to be seen that even though the senior officials are quite honest, it is the lower rung staff which has worsened the situation. Here, we would have to think of the whys and wherefores of their negative acts including the various ways to provide them a good career and incentive structure, something which is very much lacking in our system.
So, tinkering with bureaucracy would be of no avail unless and until we do the same for the whole society and the system at various levels. If we really wish to translate to goals of the welfare state that India is, we need reforms at ever level, from top to bottom with better incentive and monitoring structure backed by a sound education and value system.
Today, we need a conscientised civil society ably assisted by a vibrant Fourth Estate to make informed choice about every important issue at hand. We also need a well-oiled education system backed by a positive value system and a sound top-to-bottom bureaucratic and political structure with proper incentives and an effective system of checks and balances before we can actually expect to get our deserved place in the sun.
* Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
The Great Expectations
Saumitra Mohan
Notwithstanding many indicators and indices boding very well, these are, indeed, the testing times for our country. Even though our economy is booming and our stock markets are zooming, we are actually stationed at a crucial crossroads. And where do we go from here shall decide the course of our future.
While we never tire of boasting about us having the world’s largest democracy, second largest population, third largest army, fourth largest economy (in purchasing power parity terms), fourth largest air force, fifth largest navy, sixth nuclear country and seventh largest industrialized country, the truth is also that beneath a seeming prosperity and success, we are faced with many systemic maladies which are expressing themselves in various ways. These include terrorist, secessionist and naxalite activism and violence, systemic corruption and institutional degeneration at various levels.
We are, today, one of world’s most corrupt countries as told to us time and again by the ilks of Transparency International. Even though vigilance of an overactive civil society and judiciary led by conscientized citizens, non-governmental organizations and media does give us some hope, the fact remains that we actually don’t know as to what might happen the next moment, whose bomb attack or violence some or many of us may fall prey to. Surprisingly enough, today we have guided missiles but misguided men out there to scupper their own boat for a few pieces of silver.
We all aspire to be a great power and as such hanker for such symbolisms as permanent membership of an almost defunct and toothless United Nations’ Security Council and the recognition of an alien United States for legitimizing our national nuclear programme, but we shall do almost nothing by way of our own character and behaviour that are becoming of citizens of a great country. We have all seen and heard as to how a Hansie Cronje, a Shane Warne or a Gunter Grass, pricked by a guilt consciousness, has come forward to confess about their mistake or folly, but how many times have we heard of an Indian coming forward to do so even though inquiries have proved them to be on the wrong side of the law. Believe it or not, our values and ethics are at an all time low despite those stupendous growth figures.
Infused with a ‘chalta hai’ attitude, we do anything and everything that suit us and our interests but shall shy away by miles to do things that actually evince a strong character behoving citizens of a great country. We resent a bandh or a strike, but shall not flinch from calling and participating in one such bandh, strike or procession when it suits us without any concern for others and, howsoever, detrimental the same may be to the interests of the system.
When it comes to burning social issues like those related to women, dowry, girl child and others, we make loud drawing room protestations but continue to do the reverse at home. Our excuse being that, ‘it is the whole system which has to change. How will it matter if I alone forego my son’s right to a dowry? So who is going to change the system? What does a system consist of? Very conveniently for us, it consists of our neighbours, other households, other cities, other communities and the government. But definitely not me and you. When it comes to us actually making a positive contribution to the system, we lock ourselves along with our families into a safe cocoon and look into the distance at countries far away and wait for a Mr. Clean to come along with a magic wand and work miracles for us with a majestic sweep of his hand or else we leave the country and run away.
Goaded by our Self, we run to America to bask in their glory and praise their system but again when New York becomes insecure (as in the aftermath of twin tower bombings), we run to England. Again, when England experiences unemployment, we take the next flight to the Gulf. When the Gulf is war struck, we demand to be rescued and brought home by the Indian government. Everybody is out to abuse and prostitute the country. Nobody thinks of feeding or nurturing the system. Our conscience is mortgaged to our selfish interests and we don’t wish to look beyond them.
At times, we talk of the rich demographic dividends forthcoming from having about more than half our population in the productive age group of 25-50 by 2040 AD, but we are hardly bothered as to how to reap this dividend successfully. After all, unless and until we build and develop our human resources, what use they would be of. John Stuart Mill was right when he said that ‘you can not think of becoming a great country with small men’ with small capacities, small thinking and dubious character.
While almost all of us keep whining about our government being inefficient, about our laws being too old or too bad, about our municipalities do not cleaning the streets, about our transport system being the worst in the world, about our mails never reaching their destination in time, and about our country having been gone to the dogs, turning into absolute pig sty. We keep on complaining and saying such things. But have we ever paused and thought as to what we do about them. John F Kennedy rightly said, ‘ask not what the country can do for you, ask what you can do for your country’.
Just also notice the behavioural change of an Indian while in India and while abroad. When out of country, we are at our best. When at Singapore, we don’t throw cigarette butts on the roads and we dutifully come back to the parking lot to punch our parking ticket if we have over-stayed there rather than sulking and trying to sneak away without payment as we often do in our own country.
Similarly, we don’t dare to eat in public during Ramadan while in Dubai or we don’t dare to go out without our head covered in Jeddah because the local laws demand that. We don’t chuck an empty coconut shell anywhere other than the garbage pail on the beaches in Australia and New Zealand nor do we spit paan on the streets of Tokyo. We also don’t dare to speed beyond the stipulated limit in Washington DC and then try to get away with it by throwing our weight with the traffic cop
In America every dog owner has to clean up after his or her pet has done the job. Same in Japan and many other countries. But we never do the same when in our own country. We expect the government to clean up but we are not going to stop throwing garbage all over the place nor are we going to stop to pick up a stray piece of paper and put it in the dust bin. We expect the railways to provide clean bathrooms but we are not going to learn the proper use of bathrooms. We want our Airlines to provide the best of food and toiletries but we are not going to stop pilfering at the first available opportunity.
We go to the polls to choose a government and after that we forsake everything, forgetting all our responsibilities and duties. We sit back wanting to be pampered and expect the government to do anything and everything whilst our own contribution is totally nil or, at times, even negative. We destroy our own national property during a bandh or a strike and then complain about government not doing enough.
We should realize that a country is made of people and unless and until its people, the basic constituents forming it, value themselves, their country, their rights and, more importantly, their duties, we shall continue to grovel in the dust. If our system is bad it is because we are bad. Mind you, we get the government we deserve. So we should first deserve and only then desire.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and does not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Saumitra Mohan
Notwithstanding many indicators and indices boding very well, these are, indeed, the testing times for our country. Even though our economy is booming and our stock markets are zooming, we are actually stationed at a crucial crossroads. And where do we go from here shall decide the course of our future.
While we never tire of boasting about us having the world’s largest democracy, second largest population, third largest army, fourth largest economy (in purchasing power parity terms), fourth largest air force, fifth largest navy, sixth nuclear country and seventh largest industrialized country, the truth is also that beneath a seeming prosperity and success, we are faced with many systemic maladies which are expressing themselves in various ways. These include terrorist, secessionist and naxalite activism and violence, systemic corruption and institutional degeneration at various levels.
We are, today, one of world’s most corrupt countries as told to us time and again by the ilks of Transparency International. Even though vigilance of an overactive civil society and judiciary led by conscientized citizens, non-governmental organizations and media does give us some hope, the fact remains that we actually don’t know as to what might happen the next moment, whose bomb attack or violence some or many of us may fall prey to. Surprisingly enough, today we have guided missiles but misguided men out there to scupper their own boat for a few pieces of silver.
We all aspire to be a great power and as such hanker for such symbolisms as permanent membership of an almost defunct and toothless United Nations’ Security Council and the recognition of an alien United States for legitimizing our national nuclear programme, but we shall do almost nothing by way of our own character and behaviour that are becoming of citizens of a great country. We have all seen and heard as to how a Hansie Cronje, a Shane Warne or a Gunter Grass, pricked by a guilt consciousness, has come forward to confess about their mistake or folly, but how many times have we heard of an Indian coming forward to do so even though inquiries have proved them to be on the wrong side of the law. Believe it or not, our values and ethics are at an all time low despite those stupendous growth figures.
Infused with a ‘chalta hai’ attitude, we do anything and everything that suit us and our interests but shall shy away by miles to do things that actually evince a strong character behoving citizens of a great country. We resent a bandh or a strike, but shall not flinch from calling and participating in one such bandh, strike or procession when it suits us without any concern for others and, howsoever, detrimental the same may be to the interests of the system.
When it comes to burning social issues like those related to women, dowry, girl child and others, we make loud drawing room protestations but continue to do the reverse at home. Our excuse being that, ‘it is the whole system which has to change. How will it matter if I alone forego my son’s right to a dowry? So who is going to change the system? What does a system consist of? Very conveniently for us, it consists of our neighbours, other households, other cities, other communities and the government. But definitely not me and you. When it comes to us actually making a positive contribution to the system, we lock ourselves along with our families into a safe cocoon and look into the distance at countries far away and wait for a Mr. Clean to come along with a magic wand and work miracles for us with a majestic sweep of his hand or else we leave the country and run away.
Goaded by our Self, we run to America to bask in their glory and praise their system but again when New York becomes insecure (as in the aftermath of twin tower bombings), we run to England. Again, when England experiences unemployment, we take the next flight to the Gulf. When the Gulf is war struck, we demand to be rescued and brought home by the Indian government. Everybody is out to abuse and prostitute the country. Nobody thinks of feeding or nurturing the system. Our conscience is mortgaged to our selfish interests and we don’t wish to look beyond them.
At times, we talk of the rich demographic dividends forthcoming from having about more than half our population in the productive age group of 25-50 by 2040 AD, but we are hardly bothered as to how to reap this dividend successfully. After all, unless and until we build and develop our human resources, what use they would be of. John Stuart Mill was right when he said that ‘you can not think of becoming a great country with small men’ with small capacities, small thinking and dubious character.
While almost all of us keep whining about our government being inefficient, about our laws being too old or too bad, about our municipalities do not cleaning the streets, about our transport system being the worst in the world, about our mails never reaching their destination in time, and about our country having been gone to the dogs, turning into absolute pig sty. We keep on complaining and saying such things. But have we ever paused and thought as to what we do about them. John F Kennedy rightly said, ‘ask not what the country can do for you, ask what you can do for your country’.
Just also notice the behavioural change of an Indian while in India and while abroad. When out of country, we are at our best. When at Singapore, we don’t throw cigarette butts on the roads and we dutifully come back to the parking lot to punch our parking ticket if we have over-stayed there rather than sulking and trying to sneak away without payment as we often do in our own country.
Similarly, we don’t dare to eat in public during Ramadan while in Dubai or we don’t dare to go out without our head covered in Jeddah because the local laws demand that. We don’t chuck an empty coconut shell anywhere other than the garbage pail on the beaches in Australia and New Zealand nor do we spit paan on the streets of Tokyo. We also don’t dare to speed beyond the stipulated limit in Washington DC and then try to get away with it by throwing our weight with the traffic cop
In America every dog owner has to clean up after his or her pet has done the job. Same in Japan and many other countries. But we never do the same when in our own country. We expect the government to clean up but we are not going to stop throwing garbage all over the place nor are we going to stop to pick up a stray piece of paper and put it in the dust bin. We expect the railways to provide clean bathrooms but we are not going to learn the proper use of bathrooms. We want our Airlines to provide the best of food and toiletries but we are not going to stop pilfering at the first available opportunity.
We go to the polls to choose a government and after that we forsake everything, forgetting all our responsibilities and duties. We sit back wanting to be pampered and expect the government to do anything and everything whilst our own contribution is totally nil or, at times, even negative. We destroy our own national property during a bandh or a strike and then complain about government not doing enough.
We should realize that a country is made of people and unless and until its people, the basic constituents forming it, value themselves, their country, their rights and, more importantly, their duties, we shall continue to grovel in the dust. If our system is bad it is because we are bad. Mind you, we get the government we deserve. So we should first deserve and only then desire.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and does not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Reforming the Police and Policing
Saumitra Mohan
While we have all felt all along the need for a strong, independent and sensitized police force for better enforcement of the law of the land and for protection of the hoi polloi's common civil rights, all this remained pious thoughts only, just nostrums from the rostrums. But many police reforms commissions and committees later, the issue of police reforms has finally caught the attention of our celebrated judiciary and with that of our government. And rightly so.
Notwithstanding the fact that we became independent almost sixty years back, we have left our police and policing to be governed by the colonial Indian Police Act of 1861. Even though a lot of incremental changes have been introduced in this Act from time to time but they have been more in the nature of a patch-work and our police organization definitely deserves a better deal, more so in view of the multiple threats posed to our internal security.
Ironically, the court’s order came exactly a fortnight after the Police Act Drafting Committee headed by Soli Sorabjee put out for debate the rough draft for a new law to replace the antiquated Indian Police Act of 1861. The draft Police Act, inter alia, has provisions to check pressure on subordinate officers from their superiors and other quarters.
So now, if the Supreme Court of India has its way and if the proposed legislation on police reforms see the light of the day, the police are in for a meaningful makeover in not so distant future. While hearing a public interest litigation, the three-judge bench headed by no less than the Chief Justice of India has issued instructions to the requisite authorities to take necessary action in this regard as per detailed directives given by the court. The court directive recommends sweeping reforms, from restructuring of the entire force to its modernization and various qualitative changes.
As per recommendations, all states are to constitute a State Security Commission (SSC), a Police Establishment Board and a Police Complaints Authority. States are expected to ensure that all officers, from the rank of an SP to DGP, hold office, wherever they are posted, for, at least, two years. The UPSC is supposed to recommend three DGPs for each state out of which one will be selected by the SSC. Similarly, there will be a National Security Commission to pick the heads of the BSF, CISF, CRPF and the ITBP.
The Bench has also ordered the setting up of a Commission to decide on selections and appointments to cushion the police force including officers from undue interference from various quarters in matters as important as the selection, posting and transfer of the officers. The two other striking aspects are the creation of a state security commission to supervise the entire police force and a complaints authority to probe complaints of misconduct against the police officials. All in all, the directive ought to streamline the functioning of the police in an effective and non-partisan manner.
The Home Ministry is believed to be keen on the creation of a federal agency that can investigate cases that have inter-state and international ramifications. Cases with cross-border implications like narcotics, trafficking of women and smuggling of arms are to be handled by what is to be called the Central Intelligence and Investigating Agency. The Central Government can directly ask it to investigate certain cases without the consent of the states, something which has far-reaching consequences for the federal structure of the Indian State and in keeping with the centralizing tendencies seen around the world in all the federal states.
At the same time, another special committee, constituted in December 2004, has identified 49 recommendations from the numerous reports of different police commissions to bring about drastic changes in the police and policing. It has confined itself to drawing up recommendations that are crucial for improvement in police functioning and the implementation of which would make an immediate impact on the reform process.
Among the short listed recommendations are those on which the Supreme Court has issued directives. The other recommendations include the creation of a Federal Police for internal security, modernization of police forces, improvement in forensic science and infrastructure, tackling organized crime, tackling economic offences, amending the Identification of Prisoners Act and measures to improve accountability and efficiency at all levels of the police hierarchy.
While we all acknowledge that there, indeed, should be police reforms because of the way it has been functioning so far, the fact remains that the popular perception of the police is very negative. The police, as it functions now, is perceived as unresponsive, obtrusive, callous, corrupt, inefficient and ineffective notwithstanding the multifarious constraints and odds against which our police is pitted namely a rickety infrastructure, shortage of manpower, lack of necessary financial and other resources, lack of adequate training, unremunerative compensation and, most importantly, excessive political interference. So, there definitely is more than a case for not only reforming the police organization to cushion it against various ominous and insidious influences of the political power play, but also to make its functioning more transparent, responsive, sensitized, effective and independent, simultaneously equipping it with all the requisite infrastructure, resources and manpower.
But even though accepting the need for the police reforms, there have been clear voices of dissent from those corners which are liable to lose power and control over the police as a result of the proposed reforms. These voices have been those of the political and permanent executive. They feel that the reforms, as proposed, need more threadbare discussion and debate than plunging headlong into its implementation without minding the implications thereof but the judiciary has dug its heels in terming such suggestions and arguments as dilatory tactics.
Even while believing that many of these fears are baseless, one does feel that the supervisory control of the magistracy over the police should not be weakened any further. Keeping in mind the Actonion (of Lord Acton) dictum of ‘power corrupts and absolute power corrupts absolutely’, we should be careful that while guaranteeing absolute independence to police, it should not be allowed to become an empire in itself, unamenable to any supervisory control. While there are provisions of a Complaints Board, such a structure has always been found to be too formal in its operation. Ergo, there is definitely a need to revive the supervisory powers of the Executive Magistrate over the police, as also envisaged in the Police Rules but fallen in disuse. The Executive Magistrate in the field is the grass-root officer who is more easily accessible to the people and has a much more people-friendly face than the police. So, such age old practices as thana inspection and some say in performance evaluation by the Magistrate should be revived and further strengthened.
While one appreciates the fears expressed by all the sides, one also feels that one should, indeed, not rush through something as vital as police reforms and all related aspects ought to be thoroughly discussed before being implemented. Alternatively, the police reforms, as proposed, can be implemented, on a pilot basis, in one or two states (which have already consented to such reforms) while simultaneously continuing with an informed discussion and debate over police reforms. The learnings from the ‘pilot states’ can later be factored to further fine-tune these reforms. But police reforms are definitely something that require more than dilettantism and amateurish attention.
Even though this judicial activism has raised some hackles and ruffled some feathers, the ball for the police reforms has been set rolling. While the implementation of the proposed legislation may take time owing to fierce opposition from certain quarters, at least, a beginning has been made in transforming our police force into a more people-friendly and modern force. And with the Prime Minister and the Home Minister eager about implementing the far-reaching reforms, one is tempted to believe that this time police reforms shall receive their due share of attention and something positive shall come about. So, one should be more positive and optimistic because of the fact that this time judicial activism is matched by the government's enthusiasm to reform the police organization.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Saumitra Mohan
While we have all felt all along the need for a strong, independent and sensitized police force for better enforcement of the law of the land and for protection of the hoi polloi's common civil rights, all this remained pious thoughts only, just nostrums from the rostrums. But many police reforms commissions and committees later, the issue of police reforms has finally caught the attention of our celebrated judiciary and with that of our government. And rightly so.
Notwithstanding the fact that we became independent almost sixty years back, we have left our police and policing to be governed by the colonial Indian Police Act of 1861. Even though a lot of incremental changes have been introduced in this Act from time to time but they have been more in the nature of a patch-work and our police organization definitely deserves a better deal, more so in view of the multiple threats posed to our internal security.
Ironically, the court’s order came exactly a fortnight after the Police Act Drafting Committee headed by Soli Sorabjee put out for debate the rough draft for a new law to replace the antiquated Indian Police Act of 1861. The draft Police Act, inter alia, has provisions to check pressure on subordinate officers from their superiors and other quarters.
So now, if the Supreme Court of India has its way and if the proposed legislation on police reforms see the light of the day, the police are in for a meaningful makeover in not so distant future. While hearing a public interest litigation, the three-judge bench headed by no less than the Chief Justice of India has issued instructions to the requisite authorities to take necessary action in this regard as per detailed directives given by the court. The court directive recommends sweeping reforms, from restructuring of the entire force to its modernization and various qualitative changes.
As per recommendations, all states are to constitute a State Security Commission (SSC), a Police Establishment Board and a Police Complaints Authority. States are expected to ensure that all officers, from the rank of an SP to DGP, hold office, wherever they are posted, for, at least, two years. The UPSC is supposed to recommend three DGPs for each state out of which one will be selected by the SSC. Similarly, there will be a National Security Commission to pick the heads of the BSF, CISF, CRPF and the ITBP.
The Bench has also ordered the setting up of a Commission to decide on selections and appointments to cushion the police force including officers from undue interference from various quarters in matters as important as the selection, posting and transfer of the officers. The two other striking aspects are the creation of a state security commission to supervise the entire police force and a complaints authority to probe complaints of misconduct against the police officials. All in all, the directive ought to streamline the functioning of the police in an effective and non-partisan manner.
The Home Ministry is believed to be keen on the creation of a federal agency that can investigate cases that have inter-state and international ramifications. Cases with cross-border implications like narcotics, trafficking of women and smuggling of arms are to be handled by what is to be called the Central Intelligence and Investigating Agency. The Central Government can directly ask it to investigate certain cases without the consent of the states, something which has far-reaching consequences for the federal structure of the Indian State and in keeping with the centralizing tendencies seen around the world in all the federal states.
At the same time, another special committee, constituted in December 2004, has identified 49 recommendations from the numerous reports of different police commissions to bring about drastic changes in the police and policing. It has confined itself to drawing up recommendations that are crucial for improvement in police functioning and the implementation of which would make an immediate impact on the reform process.
Among the short listed recommendations are those on which the Supreme Court has issued directives. The other recommendations include the creation of a Federal Police for internal security, modernization of police forces, improvement in forensic science and infrastructure, tackling organized crime, tackling economic offences, amending the Identification of Prisoners Act and measures to improve accountability and efficiency at all levels of the police hierarchy.
While we all acknowledge that there, indeed, should be police reforms because of the way it has been functioning so far, the fact remains that the popular perception of the police is very negative. The police, as it functions now, is perceived as unresponsive, obtrusive, callous, corrupt, inefficient and ineffective notwithstanding the multifarious constraints and odds against which our police is pitted namely a rickety infrastructure, shortage of manpower, lack of necessary financial and other resources, lack of adequate training, unremunerative compensation and, most importantly, excessive political interference. So, there definitely is more than a case for not only reforming the police organization to cushion it against various ominous and insidious influences of the political power play, but also to make its functioning more transparent, responsive, sensitized, effective and independent, simultaneously equipping it with all the requisite infrastructure, resources and manpower.
But even though accepting the need for the police reforms, there have been clear voices of dissent from those corners which are liable to lose power and control over the police as a result of the proposed reforms. These voices have been those of the political and permanent executive. They feel that the reforms, as proposed, need more threadbare discussion and debate than plunging headlong into its implementation without minding the implications thereof but the judiciary has dug its heels in terming such suggestions and arguments as dilatory tactics.
Even while believing that many of these fears are baseless, one does feel that the supervisory control of the magistracy over the police should not be weakened any further. Keeping in mind the Actonion (of Lord Acton) dictum of ‘power corrupts and absolute power corrupts absolutely’, we should be careful that while guaranteeing absolute independence to police, it should not be allowed to become an empire in itself, unamenable to any supervisory control. While there are provisions of a Complaints Board, such a structure has always been found to be too formal in its operation. Ergo, there is definitely a need to revive the supervisory powers of the Executive Magistrate over the police, as also envisaged in the Police Rules but fallen in disuse. The Executive Magistrate in the field is the grass-root officer who is more easily accessible to the people and has a much more people-friendly face than the police. So, such age old practices as thana inspection and some say in performance evaluation by the Magistrate should be revived and further strengthened.
While one appreciates the fears expressed by all the sides, one also feels that one should, indeed, not rush through something as vital as police reforms and all related aspects ought to be thoroughly discussed before being implemented. Alternatively, the police reforms, as proposed, can be implemented, on a pilot basis, in one or two states (which have already consented to such reforms) while simultaneously continuing with an informed discussion and debate over police reforms. The learnings from the ‘pilot states’ can later be factored to further fine-tune these reforms. But police reforms are definitely something that require more than dilettantism and amateurish attention.
Even though this judicial activism has raised some hackles and ruffled some feathers, the ball for the police reforms has been set rolling. While the implementation of the proposed legislation may take time owing to fierce opposition from certain quarters, at least, a beginning has been made in transforming our police force into a more people-friendly and modern force. And with the Prime Minister and the Home Minister eager about implementing the far-reaching reforms, one is tempted to believe that this time police reforms shall receive their due share of attention and something positive shall come about. So, one should be more positive and optimistic because of the fact that this time judicial activism is matched by the government's enthusiasm to reform the police organization.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
Lessons from Singur
*Saumitra Mohan
The Singur controversy in West Bengal is showing no signs of subsiding and settling down. And with the opposition further ratcheting up its the politics of protests and agitations, one really needs to do some thinking as to whether it is advisable to allow the same to continue till the cows come home. With the Opposition not responding to the saner appeals of dialogue and discussion, the agitprop revolving around land acquisitions in Singur and Nandigram is increasingly getting out of hand and is more than a law and order problem now.
While nobody denies that the Opposition’s has the right in a functioning democracy to register its voice of protests, but the same should not be reckless and at the cost of the interests of the state.
One just has to take a peek at some of the statistics to know as to how West Bengal has been faring in the developmental rat race. Constituting ten per cent of the Indian market, the state today has an annual consumption expenditure of about US$ 26.37 billion. Country’s most rapidly growing industrial region, West Bengal, today, is the third largest economy in the country with a Gross State Domestic Product (GSDP) of US$ 23 billion at current price. It is second only to Karnataka in per capita growth (5.4 per cent), well above the national average (4.2 per cent) and is next to Maharashtra in terms of companies established (72,437), with a paid up capital of US$ 8,834 million.
Even more interesting is the fact that the per capita incomes of West Bengal and Maharashtra, after excluding the two metros of Mumbai and Kolkata, have come fairly close. West Bengal's per capita income, after excluding Kolkata, is Rs 12,671 while that of Maharashtra's without Mumbai is Rs 13, 897. It has the second highest Compounded Average Growth Rate in the country i.e. 5.49 per cent against a national average of 4.4 per cent. The Compounded Average Growth Rate of West Bengal’s real NSDP stood at 8 per cent between 1994 and 2004, thereby outperforming the national GDP growth. Today, the state has an industrial growth rate which is 1.1 per cent higher than the national average. The growth trajectory is, indeed, brilliant by any standard.
Against this background, one would submit that while the Opposition definitely has a right to oppose governments’ policies, but the same should be principled and responsible rather than opposition and politics just for the heck of it, and without any care or concern for the interests of the common people.
One would do well to remember that it was the sanguinary Naxalite movement of the sixties which had not only negatively impacted the image of West Bengal but had also led to the flight of capital and industries from the state. Now that when the government is trying to make up for the lost time in its bid to catch up with the rest of the country, sustained law and order problems coupled with politics of bandh and strikes would nix all such attempts. At a time when the economic turn-around of the state seems just round the corner, a no-holds-barred politics of irresponsible opposition is queering the pitch.
Believe it or not, this is how land has been acquired all these past years throughout the country. So, if at all the opposition had any point to make, they have already done so. Today, we do have a wider debate raging in the country about the advisability of continuing with a colonial Land Acquisition Act, 1894 and about the sundry issues revolving around land acquisition for a ‘public purpose’. The issues which the Singur controversy has thrown up also include the advisability of the government acquiring land for private industries, the definition of ‘public purpose’, the issue of preventing industries from acquiring more land than is actually required for a particular project, the advisability of acquiring fertile agricultural land, the need to have a suitable land policy including updated land records, and the advisability of establishing industries by displacing already settled people.
The Opposition and many observers feel that a popularly elected government has much better things to do than getting into the act of acquiring land for private industries. They also feel that government had better focus more on development of basic infrastructure and favourable policy back up rather than ‘acting as agents of private industries’. But mind you that a popularly elected government can not just sit idle at a time when other states of the Indian Federation are going out of their way to woo private industries. The government has to take proactive measures to successfully compete against others as is being done in West Bengal.
Now with the hindsight, one can definitely say that from now on, if at all, the governments intervene into some such land acquisitions, proper homework ought to be done beforehand including building a broad consensus among those concerned including the Opposition and putting in place a proper rehabilitation policy for those affected and displaced by the proposed acquisition. On the other hand, the opposition also needs to be more responsible than it has been so far and should respond to the appeals for ‘reasonable’ dialogue and discussion as and when requested to.
One would do better to know that the change never comes without its costs. If a baby is born, the mother would necessarily have to undergo the labour pain. So, Singur signifies momentous changes in the history of West Bengal and as such vested interests of different kinds would do their best to resist the same but one is sure that labour pain is what it is, the labour pain. It would go once the baby of change materializes and settles down. Today, Singur is more symbolic than anything else. It signifies the intractable desires of Bharat to make peace with India and coexist as dignified equals with other members in the Comity of Nations.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
*Saumitra Mohan
The Singur controversy in West Bengal is showing no signs of subsiding and settling down. And with the opposition further ratcheting up its the politics of protests and agitations, one really needs to do some thinking as to whether it is advisable to allow the same to continue till the cows come home. With the Opposition not responding to the saner appeals of dialogue and discussion, the agitprop revolving around land acquisitions in Singur and Nandigram is increasingly getting out of hand and is more than a law and order problem now.
While nobody denies that the Opposition’s has the right in a functioning democracy to register its voice of protests, but the same should not be reckless and at the cost of the interests of the state.
One just has to take a peek at some of the statistics to know as to how West Bengal has been faring in the developmental rat race. Constituting ten per cent of the Indian market, the state today has an annual consumption expenditure of about US$ 26.37 billion. Country’s most rapidly growing industrial region, West Bengal, today, is the third largest economy in the country with a Gross State Domestic Product (GSDP) of US$ 23 billion at current price. It is second only to Karnataka in per capita growth (5.4 per cent), well above the national average (4.2 per cent) and is next to Maharashtra in terms of companies established (72,437), with a paid up capital of US$ 8,834 million.
Even more interesting is the fact that the per capita incomes of West Bengal and Maharashtra, after excluding the two metros of Mumbai and Kolkata, have come fairly close. West Bengal's per capita income, after excluding Kolkata, is Rs 12,671 while that of Maharashtra's without Mumbai is Rs 13, 897. It has the second highest Compounded Average Growth Rate in the country i.e. 5.49 per cent against a national average of 4.4 per cent. The Compounded Average Growth Rate of West Bengal’s real NSDP stood at 8 per cent between 1994 and 2004, thereby outperforming the national GDP growth. Today, the state has an industrial growth rate which is 1.1 per cent higher than the national average. The growth trajectory is, indeed, brilliant by any standard.
Against this background, one would submit that while the Opposition definitely has a right to oppose governments’ policies, but the same should be principled and responsible rather than opposition and politics just for the heck of it, and without any care or concern for the interests of the common people.
One would do well to remember that it was the sanguinary Naxalite movement of the sixties which had not only negatively impacted the image of West Bengal but had also led to the flight of capital and industries from the state. Now that when the government is trying to make up for the lost time in its bid to catch up with the rest of the country, sustained law and order problems coupled with politics of bandh and strikes would nix all such attempts. At a time when the economic turn-around of the state seems just round the corner, a no-holds-barred politics of irresponsible opposition is queering the pitch.
Believe it or not, this is how land has been acquired all these past years throughout the country. So, if at all the opposition had any point to make, they have already done so. Today, we do have a wider debate raging in the country about the advisability of continuing with a colonial Land Acquisition Act, 1894 and about the sundry issues revolving around land acquisition for a ‘public purpose’. The issues which the Singur controversy has thrown up also include the advisability of the government acquiring land for private industries, the definition of ‘public purpose’, the issue of preventing industries from acquiring more land than is actually required for a particular project, the advisability of acquiring fertile agricultural land, the need to have a suitable land policy including updated land records, and the advisability of establishing industries by displacing already settled people.
The Opposition and many observers feel that a popularly elected government has much better things to do than getting into the act of acquiring land for private industries. They also feel that government had better focus more on development of basic infrastructure and favourable policy back up rather than ‘acting as agents of private industries’. But mind you that a popularly elected government can not just sit idle at a time when other states of the Indian Federation are going out of their way to woo private industries. The government has to take proactive measures to successfully compete against others as is being done in West Bengal.
Now with the hindsight, one can definitely say that from now on, if at all, the governments intervene into some such land acquisitions, proper homework ought to be done beforehand including building a broad consensus among those concerned including the Opposition and putting in place a proper rehabilitation policy for those affected and displaced by the proposed acquisition. On the other hand, the opposition also needs to be more responsible than it has been so far and should respond to the appeals for ‘reasonable’ dialogue and discussion as and when requested to.
One would do better to know that the change never comes without its costs. If a baby is born, the mother would necessarily have to undergo the labour pain. So, Singur signifies momentous changes in the history of West Bengal and as such vested interests of different kinds would do their best to resist the same but one is sure that labour pain is what it is, the labour pain. It would go once the baby of change materializes and settles down. Today, Singur is more symbolic than anything else. It signifies the intractable desires of Bharat to make peace with India and coexist as dignified equals with other members in the Comity of Nations.
*Saumitra Mohan is an IAS officer presently working as an Additional District Magistrate, Hooghly in West Bengal.
(The views expressed here are author’s personal views and do not reflect those of the Government.)
Address for correspondence:
Saumitra Mohan, IAS, Additional District Magistrate, Office of the District Magistrate, Hooghly-712101.
E-mail: saumitra_mohan@hotmail.com.
Phone: 033-26806456/26802043(O)/26802041(R).
Fax: 033-26802043.
Mobile: 91-9831388803/9434242283.
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