Ramesh to wait in the wings

It should not come as a surprise to close observers of politics in Kerala that KPCC President Ramesh Chennithala has declined to join the Oommen Chandy government.

Mr. Chennithala knows well that he is to gain little by joining the ministry as this juncture either as deputy chief minister or home minister.

Ramesh Chennithala

Ramesh Chennithala

Deputy Chief Minister would mean little for Mr. Chennithala as it is very difficult to grow as a power centre in government when Mr. Chandy is in government. Mr. Chandy has more grass-root support than Mr. Chennithala and is a better political strategist than Mr. Chennithala. Home Ministership would only be a bed of thorns when the government is facing a series of accusations.

The government’s stock is likely to come down in the coming days and Mr. Chennithala too would have to go down with it if he joins the ministry. On the other hand, there is a real possibility that Mr. Chandy would be forced to step down after the Lok Sabha polls. Then Mr. Chennithala would face not much challenge in getting into the Chief Minister’s chair. (Mr. K. M. Mani has also tossed his hat in the ring. However, Sonia Gandhi is understood to have rejected his claim. That explains recent critical statements by Mr. Mani).

He stands to lose nothing by continuing till then as KPCC president. If the Chief Ministership does not come his way after the elections, he still can look for a minister ship at the Centre if Congress is returned to power.

Actually, the positions regarding Cabinet reshuffle had been taken much earlier by Mr. Chennithala and others. The issue was raked up again to divert attention from solar panel scam. As on the earlier occasion, none could agree on each other’s claims and demands. By Wednesday, Mr. Chandy had stated that there would be no major revamp. Today, all the parties are back to their positions stated earlier.

 

Oommen Chandy’s fight against drought

A cardamom estate in Idukki district

A cardamom estate in Idukki district

Chief Minister Oommen Chandy has been touring the districts during the last fortnight to chart our measures to fight drought. At the same time, he ignored large scale felling of trees in Idukki district and the precarious condition of forests in Wayanad. (Mr. Chandy is now holding the Forest portfolio, following the resignation of K. B. Ganesh Kumar). This shows the dichotomy between the government’s campaigns and ground-level enforcement of stated policies.

The felling of trees in Idukki is significant in more ways than one. Forests in Idukki are crucial for availability of water both for Kerala and Tamil Nadu. The longest river of the State Periyar has much of its catchment in Idukki district. Many important power projects including Idukki is located here. Still, Mr. Chandy did virtually nothing to stem the felling of trees in the district while announcing so many other measures to check drought.  He is finding solutions without addressing at least one of the known the causes– deforestation.

It is also significant that the felling of trees had taken place against the background of Gadgil committee report. The trees felled were of two types. Forest species in cardamom estates and eucalyptus on encroached forest land. It was feared that if the Centre implements Gadgil recommendations, it might become impossible to cut and remove these trees because of restrictions. Hence, the hurry in cutting and transporting hundreds of lorry-loads of trees from the district.

The biggest protests against the Gadgil panel had originated from Idukki district. Now, it should be clear who were behind these protests. They brought time through the protests and appointment of K. Kasturirangan panel to scrutinise the Gadgil report. Now that the astrophysicist-led panel has given its verdict on Gadgil report, it is high time that the Union Ministry of Environment and Forests stepped in to implement the recommendations.

Contributory pension scheme and its flawed logic

The contributory National Pension Scheme for government servants brings uncertainty about future pension benefits of government employees and makes government jobs less attractive.

Employees of Kerala Government began an indefinite strike today to protest against the pension scheme, though it will not affect serving employees who would continue to be eligible for statutory pensions. It will be the new recruits who would be hit by the pension scheme.

The government argues that more than 80 per cent of its revenues were now being spent on salaries and pensions. Though the pension scheme will only cause an immediate increase in government spending with a ten per cent contribution to be made to the pension fund, it will free the government from paying pensions to the new recruits two to three decades from now.

The government says that there was four-fold increase in pension liabilities over the last decade. However, this is in proportion to decadal increase in revenues and borrowings of the government. This is not to say that the level of expenditure on salaries and pensions are justified. It rather points to continuing inefficiencies of administration in checking expenditure and tax collection, despite availability of new tools such as computers. Large scale leakage of revenues remains unplugged. The employees too had not been helpful in this regard. Over-staff and idling are not rare in government service.

The government as well as employees contributions into the pension fund are to be deposited in government securities, public sector bonds and in mutual funds. When the deposits are made in government securities, the government itself would be paying interest on its own contribution and employees’ contribution. This is not going to improve government finances. Like salaries and pensions, interest payments are also a heavy burden on the State government.

Mutual funds offer no guarantee of reasonable returns. Some of the pension funds run by them have not performed well, giving some indication of what would happen to the money of employees. The employees would have to bear the cost of the authority formed to run the pension fund. When authority makes investments in mutual funds, the employees would also have to bear the fund management charges imposed by the mutual funds. Some of the government-run welfare funds give an impression what these costs would be— the welfare fund boards eat away much of the contribution by the workers. It would not be surprising if the government would have to give grants to the authority in future to ensure a reasonable pension to the employees a few decades from now. In any case, the pensions then would neither be assured or growing (with every pay revision) as is the case now.

The net result could be that the government jobs would not attract talents. And the performance of government could fall further. It is also doubtful whether the pension scheme would help the government to overcome in financial problems. The real beneficiaries would be those who get to handle the funds.

Part II: Laws that make you insecure

Today, the country has so many laws that it makes the citizen insecure. The provisions in the penal law are so many that a police officer can easily book you even if you are not a criminal. Ordinary behaviour can easily invite provisions of the criminal law if someone is bent on booking you.

It was only recently that a Mumbai girl was booked under Section 66A of the Information Technology for an indirect criticism of Bal Thackeray on the Facefbook page. To top it, a friend of hers who liked the post was also booked under the law.  (Intolerance is growing to such levels that you cannot criticise Mahatma Gandhi, Ambedkar or Indira Gandhi. Films like Papilio Buddha  and Midnight’s Children  faced protests and censure because they criticised Mahatama Gandhi and Indira Gandhi respectively. This was despite the fact that all these people were politicians and Thackeray had only passed away the previous day.) Sedition charges had been foisted against fishermen agitating against Kudamkulam nuclear project in Kanyakumari district and the Kanpur-based cartoonist Aseem Trivedi who criticised the establishment. A doctor and human rights activist Binayak Sen faced sedition charges because he sympathized with the naxalites. Official Secrets Act and other laws had been misused to stop exposition of corruption and other misdeeds. These bode ill for India’s democracy.

Now, there is a hue and cry that capital sentence should be awarded to rapists after the rape on a bus in the capital city. The brutality of the offence is in no doubt. However, it has enough laws to deal with such crimes and they suffice. Politicians make demands like death sentence to get the people on their side when public anger is at its highest. However, amendment to criminal laws are something to be contemplated with due diligence. Rape is a crime in which innocents too could be easily implicated. Besides, the onus of proof is on the accused. So, it would be unwise to increase the penalty for the crime.

When incidents of brutal attacks occur, various other provisions of the penal code will naturally be applied. When a girl was thrown out of the train, raped and killed near Shornur in Kerala some months back, the accused faced murder charges. The Delhi incident would attract the charge of causing severe hurt if not attempt to murder.

Besides, social factors and realities have to be taken into consideration and addressed while trying to contain increasing number of such crimes. While the people in the country are getting increasingly exposed to Western culture and media, we do little to foster healthy relationships between men and women. A lot of hypocrisy exists in the country when it comes to sexual mores. Behaviour is tightly controlled on one side while worst behaviour becomes the norm when control is absent. In Kerala, there are separate seats for men and women on bus, but harassment of women is possibly the highest in crowded buses of Kerala. It may be worth noting that incest may grow when prostitution is tightly controlled. So, social interventions are the need of the hour rather increasing the penalties for sexual offences.

State with laws that provide for severe punishments for even minor offenses usually lets the rich and powerful to escape and brutalises the poor and powerless. The statue book now has so many laws that none could hope of knowing all, and ignorance of law is no excuse. Given the ground realities, it is impossible for a citizen to live in this country without breaking the law or giving bribes. (Giving bribes is also an offence). Some laws like prohibition of photography of dam and buildings are ridiculous. There are many laws in the statute book that are no more required. However, they remain. A recommendation to delete around 100 such laws in Kerala six years ago is still awaiting action.

Laws should be devised in such a fashion that it should make sense for the ordinary citizen to obey them rather than break them. Would the majority abide by the law, or is it logical to have a law in certain areas should be the consideration before the law makers. Making laws that would be broken by the majority will only destroy respect for law. Currently, it is impossible to be totally law-abiding in India, and this diminishes respect for law.

Part I: Tightening laws to hide failure in their enforcement

Tightening laws to hide failure in their enforcement– Part I

The Kerala government has been resorting to new legislation with stringent provisions just to hide its failure in enforcement of the laws and administration of justice.

It brought the Antisocial Activities (Prevention) Act, popularly known as the Goonda Act, as public protest grew over activities of goondas and quotation gangs in the State. The Act provides  for preventive detention of goondas— that is imprisonment without trial, amounting to violation of human rights.

Administration of Justice

Image courtesy: digitalart/FreeDigitalPhotos.net

The question whether such Act was required is debatable. Most of the goondas against whom public ire was growing had dozens of cases against them. Yet, they were getting bail and committing fresh crimes. The prosecution was repeatedly failing to get convictions. This was because of the protection the goondas were getting from politicians and officials. The law was brought to hoodwink the public.

Naturally, it failed to check the goonda menace, as the political and official patronage of goondas continued. Since public protests grew over operation of quotation gangs, the government proposed tightening of the law. The period of preventive detection was extended from six months to one year. So, the government is having a brief reprieve.

The government brought a law to take over ecologically fragile lands after it failed conduct forest cases properly in courts. Most of the land in question could have been retained by the government under existing laws, if the government would have fought the cases properly in courts. Several cases were won by plaintiffs by producing forged documents which went unchallenged during trial. The law was later diluted since complaints grew over its use.

When the Land Utilisation Order failed to check conversion of paddy fields, the government replaced the order with legislation to protect paddy fields and wet lands. However, the law did not yield any results, as it could not be implemented effectively. The politicians themselves worked to grant exemptions and protect those converting paddy fields. In fact, the issue was one that could have been addressed better by eliminating the economic reasons for conversion of paddy fields. Similar is the case with law for protection of rivers where laws alone is not the answer. The government would have done better by taking measures to improve the availability of sand and taking the lucre away from sand mining. Pollution could have been tackled through existing laws.

Recently, it brought legislation to check charging of excessive interest rates by money lenders. This was done against the background of suicides by farmers and others because of indebtedness. This was when the enforcement of existing money lenders Act was lackadaisical. Though it is four months since the Ordinance was promulgated, no action had been against any money lender  while many borrowers continue to struggle.

When the government and local self governments failed to set up proper facilities for treatment of waste, it brought legislation recently mandating processing of waste at source. Several of its provisions are difficult to enforce, simply because of the difficulty in setting up processing units at every establishment and home. Governments and local bodies fail to come up with solutions despite brave words. Chief Minister Oommen Chandy, for example, had promised to solve the problem in six months. But, it is one year now. After six months, he turned to the legislative solution.

What the tightened laws often achieve is only increase in the level of corrupt
Part II: Laws that make you insecure

A. K. Antony’s criticism is a warning to Congress-led coalition in Kerala

Defence Minister A. K. Antony has issued a warning to the UDF government in Kerala by expressing his anguish over the situation in Kerala at a function of Indo-Russian firm BrahMos Aerospace in Thiruvananthapuram.  The Defence Minister said that though Chief Minister Oommen Chandy and P. K. Kunhalikutty have been asking for projects for the State, he was not courageous enough to locate any project in Kerala after the UDF government came to power.

Defence Minister A. K. Antony

Defence Minister A. K. Antony in his office in New Delhi

Though Antony did not say it directly, he was warning that the Congress led coalition in the State (UDF) would not be able to retain the seats it had won in the last Lok Saba Elections unless its performance improves. It is significant that his warning comes at a time when Prime Minister Manmohan Singh has reshuffled his Cabinet with a view to the elections due in 2014. As the Number Two in the Union Cabinet, Antony has to see that the Congress performs well in the next elections.

The UDF had won 16 seats in the last Lok Sabha election out of 20. Every school boy knows that the Front would not be able to retain them in the next elections under the present circumstances, not to speak of winning more seats.  When he was the Chief Minister in the State, Mr. Antony had not been able to lead the Front to a victory in the Assembly elections. As Union Minister he wants to be one who has contributed to victory of the Front in the next Lok Sabha elections.  However, he is admitting that he was unable to do anything for the State because of the situation in the State. He was not getting the cooperation he wanted.

It is also notable that Mr. Antony praised the (previous) LDF government in Kerala. He knows only too well that the Congress will have to fall back on the Left too if it did not win enough seats to form a government at the Centre.  So, he is building bridges. It is also a fact the previous government had facilitated establishment of defence projects in the State.

Antony could also be concerned about a number of other issues.  There is growing discord among the ruling Front constituents. They are even making unethical bargains. The front could lose votes if Congress played to their tunes on some of the controversial positions they are taking. There is also considerable discord in the Congress. The proposed reorganisation of KPCC is getting delayed. All this should worry Mr. Antony more than anyone else. So, it is not surprising that he has fired a salvo against the UDF government, though he is unlikely to repeat that as elections come closer.  The crucial point is how far the Congress and UDF constituents in the State would heed his warning and act in larger interests.

Tailpiece:
Above all these, there is a personal factor to Mr. Antony’s criticism. Image-conscious Antony is hurt by the fact that allegations had been raised over the take over the Kerala Hitech Industries by joint venture Brahmos Aerospace and that neither Mr. Chandy nor Kunhalikutty had come to his defence. In fact, the INTUC unit in the company joined hands with the AITUC union which raised the allegations. Mr. Antony would not have voiced his concerns openly but for this factor. His remarks stemmed from personal hurt and diminishing influence in Kerala politics. (Revised and tailpiece added as post script on 17/11/2011).

Actor Sheila’s entry into politics in limbo

Actress Sheela’s entry into Congress politics so far is a non-starter. This is not surprising to anyone who knows Congress politics and groupism in the State.

Congress leaders in the State would not countenance lateral entry of leaders into the party that would affect their chances. The only one they would willingly or grudgingly tolerate is Rahul Gandhi. Recall the bitterness that the entry of Shashi Tharoor generated in the State unit despite the credentials he presented and the support of the high command.

Sheela in film Chemmeen

Actor Sheela in film Chemmeen

Sheela went to none other than Defence Minister A. K. Antony, apparently thinking that he is her best bet. Mr. Antony and his wife warmly received her but cold-shouldered her proposal referring her to KPCC president Ramesh Chennithala. Can Ramesh Chennithala afford to spare her a Rajya Sabha when all the UDF constituents are warring for seats? Can he even think of fielding her in the next elections?

And can she win an election from Kerala? That she was the heartthrob of the older generation on the silver screen is not sufficient for her to get electoral support in Kerala. Even the evergreen hero Prem Nazir could not do that in his heydays, that too despite being sponsored by K. Karunakaran. If one should know the gravity of his failure, remember that Karunakaran was one who had managed to make non-entities like A. Charles and M. R. Raghuchandra Bal to win elections and get foothold in the party.

The politics of green politicians in Kerala

The green brigade in the UDF in Kerala is striking a distinct position compared to rest of the members of the Assembly in the Front. They have also started using the new media for their campaign.  (T. N. Pratapan, V. D. Satheesan, V. T. Balram and Hibi Eden (Congress) K. M. Shaji  (Muslim League )and  M. V. Sreeyams Kumar (SJD) are blogging at GreenThoughtsKerala)

Title image of blog of the MLAs

Title image of blog by V. D. Satheesan, T. N. Pratapan, M. V. Sreeyams Kumar, V. T. Balram, K. M. Shaji and Hibi Eden

The scenario in the Assembly has been changing over the past decade with more members coming forward to propound the cause of environment. The Legislative Committee on Environment has over the years produced well-studied reports. Two decades ago, K. V. Surendranath of CPI was the only member campaigning for environmental causes. On the other side people like Seethi Haji (IUML) asked how it rained at sea if forests were required for precipitation.  Now, there are several members both in the ruling and Opposition fronts wanting to protect the environment. They include Opposition Leader V. S. Achuthanandan who once spoke against environmentalists.

However, a question would arise as to how deep their commitments are.  Are they simply moving with the tide or playing politics? It is notable that almost all members of the green brigade are people who had missed out on ministerial positions. They have an axe to grind against Chief Minister Oommen Chandy and other UDF leaders.  And they know that fighting corruption from within a la Achuthanandan has a market. Yet, that does not make the causes they are expounding less important.

Yes, they are indeed playing politics and it is notable that Mr. Chandy and industries Minister P. K. Kunhalikutty are in the defensive.  Mr. Chandy even said that they are doing the campaign because they are sincere.  May be, people can trust them more than Mr. Achuthanandan who is also expounding the same causes.

If they are sincere, they will persist. Mr. Achuthanandan forgot many of the causes he expounded when he came to power. The litmus test for green politicians of UDF too would be what they do when they come to power.

Update: Well, we did not have to wait until they come to power to know how steadfast they would be on their views. The green politicians are now supporting tourism projects such as that proposed in Nelliyampathy disregarding questions whether the land proposed to be used for such projects are forests or environmentally fragile areas. They do say that they changed their stand because Chief Minister Oommen Chandy has conceded their demands including environmental impact assessment of all projects under Emerging Kerala initiative.

Mullaperiyar and Kerala’s technical studies

Why did the empowered committee accept the studies done by Annamalai University in Tamil Nadu in preference to the finding of the professors of Indian Institute of Technology (Roorkee and Delhi)? Was it bias? Or did not it have something to do with the quality of the studies.

It is well known that some of the studies were done quickly, just months before they were to be presented before they were to be submitted to the court. The draft of the first part had come with several mistakes that  officials of the Mullaperiyar Special Cell (Kerala) had to go to Delhi to get them corrected. The second part of the seismic stability studies could not even be completed and submitted to the Supreme Court in time.

Expert-Eyes had earlier discussed the errors in the article  Mullaperiyar and environmental impact of raising the water level. Readers and experts can look at the structural stability analysis at http://expert-eyes.org/mullaperiyar/tremours/index.html

Why did the reputed experts of IIT wanted the study to be restricted to official use only. Were they avoiding public scrutiny? If one looks at the executive summary, it has more background than findings. Though Water Resources Minister P. J. Joseph had told a press conference in reply to questions that the Irrigation Design and Research Board would publish the PMF and flood routing studies on Mullaperiyar Dam done by IIT, Delhi, and Seismic Stability of Mullaperiyar Composite Dam done by IIT, Roorkee, on its Web site; it is yet to do so. The Department is also refusing to release copies of these and other studies under the Right to Information Act.

See:
Mullaperiyar: Directive against disclosure of dam break analysis
Mullaperiyar: behind the veil
IIT Roorkee seismic report has (only) value of paper says TN

 

Dissent in UDF and LDF

Both the ruling and Opposition fronts in Kerala are plagued by divisions. However, these should be viewed as positive signs for the State’s polity. For, the divisions are over political morality.

The Congress and the Muslim League were and are at odds over certain issues ranging from induction of the fifth League Minister in the Cabinet to several policies in the education sector. However, the Leaders of both parties have seen to it they don’t spill over to affect governance and cohesion of the United Democratic Front.

Congress leaders like V. M. Sudheeran and T. N. Pratapan are in the forefront of opposing various policies of the government such as the mineral sands and abkari policies and measures to help estate owners and land mafia. Government moves to regularise filling up of paddy fields have come in for serious criticism though the government is yet to budge.

Hartal day

ON A HARTAL DAY: M. G. Road near Secretariat in Trivandrum look deserted. The hartal was called by the CPI (M) in protest against the arrest of its Kannur district secretary P. Jayarajan in Shukkur murder case.

Constituents of the Left Democratic Front have hardly lend any support to widespread protests by the CPI (M) over the arrest of party Kannur district secretary P. Jayarajan in the Abdul Shukkur murder case including the hartal.  In fact, CPI and other constituents are not willing to support murder politics. They want the law to take its course in the murder of T. P. Chandrasekharan and others.

Opposition Leader V. S. Achuthanandan had been spearheading a fight within the CPI (M) over what he calls its shift away from leftist polices. His strategy is to take a few steps forward and a few steps backward. He had demanded proper investigation into the murders and had not opposed the arrests by the police in the Chandrasekharan murder case. However, he said that the arrest of Mr. Jayarajan was partisan.