Mainstreaming tribals

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Attappady-- a view Photo: Roy MathewChief Minister Oommen Chandy proposes to bring Attappady tribals to main stream as the government has failed to address their problems after six decades of ‘tribal development’.

Well, his plans are for the next generation. Children from the tribal hamlets are to be educated in special model residential schools and all eligible students given admissions to the Plus One and undergraduate courses.

This is a course of action that had been tried in countries such as USA, Canada and Australia which have invited protests. However, such protests over uprooting the tribals from their culture are muted in Kerala. Many anthropologists hold opinion against weaning tribal children away from their culture and mainstreaming them. But the questions whether they should be allowed to live primitive lives or proselytised to adopt modern lifestyle is an enduring question.

As to the immediate problem of malnutrition among tribals, the government has come up with an answer—community kitchens. Mr. Chandy’s view is that the tribals do not eat well. Many are so lazy that they are willing to cook. It is not clear whether the tribals would come regularly to the community kitchens to eat. Even if they do, that could make them lazier as far as cooking goes. Better, if community kitchens teach them how to cook and encourage them to do their own cooking.

Tribal Women at Agali, Attappady

Tribal Women at Agali, Attappady

But the real problem in Attappady is not that the tribals have not learned to cook or made eating cooked food a habit.  The real issue is alienation of their land, destruction of forests and restrictions on their access to forest resources including food materials. However, the Chief Minister refuse to acknowledge this and take strong measures to resume their lands despite court verdicts. Even problems like drunkardness stemmed from land issues. Alcoholism spread as a result of exploitative tactics of the settlers in Attappady.

Studies have reported that the deaths of infants in Attappady were not the result of alcoholism among their mothers. It happened because of malnutrition. The government wants now wants all tribal women to give birth at hospital to ensure the nutritional status of mothers and children. For this, vehicles are to be provided. On one hand, this is better said than done. Many tribals had failed to get timely medical attention not because of lack of schemes or vehicles but because the officials concerned did not care. On the other side, it is notable that Kerala is emphasising on hospital based deliveries when the West that promoted it is now going back to midwives and deliveries at home.

Chandy, the master stragegist

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Cantonment Gate

Cantonment Gate of the Secretariat on the day of the picketing by Opposition

Kerala Chief Minister Oommen Chandy is master strategist. First, he diverted media attention from the solar panel scam by launching a second run of the Cabinet reshuffle talks. KPCC president Ramesh Chennithala was forced to play along (see previous posting) though he had decided earlier to remain as KPCC chief.

Then, he turned the mode of agitation of the Opposition (siege of the Secretariat or simply picketing) into an issue when the real issue was whether the administration had manipulated the complaint of Saritha S. Nair, one of the accused in the solar scam. Keeping the Cantonment Gate of the Secretariat open suddenly became the issue. The media concluded that a great battle of the gates was in the offing. Inexperienced television reporters probably believed this while the shrewdest ones realised that this is an opportunity to push up ratings. The Opposition played along and may have probably claimed its flesh behind the scenes.

However, experienced reporters knew that the left parties always claimed that they would picket all the gates of the Secretariat. And invariably, the government always managed to keep the Cantonment Gate open for the entry and exit of Ministers and Secretariat staff. Nowadays, the visual media sets the agenda even for the print. Not to fall behind, Malayalam newspapers cried ‘War!’ while English newspapers decided that ‘siege’ was the appropriate word for what was going to happen.

However, on the day of the siege, it turned out to be a tame affair. There was no confrontation between the police and the LDF workers as anticipated. Both sides embraced peace and soon achieved a truce. Even 67 per cent of the Secretariat staff could get into the Secretariat.

Secretariat-siege

LDF workers before the Secretariat on August 12. A television channel even had a studio set up on the top of the building in the middle.

Mr. Chandy then declared two days holiday for the Secretariat on the specious ground that this was to facilitate rehearsal for the Independence Day Parade at Central Stadium behind the Secretariat. The Opposition was not letting in children to practice. The Opposition could claim that they had managed to force closure of the Secretariat; but what was the fun in squatting before an empty Secretariat! And the prospect of continuing the picketing braving the sun and rain for the whole week was not encouraging.

Mr. Chandy then announced that the government was deciding to order a judicial probe, something he was promising all the while after the police completed their investigations. The Opposition seized the opportunity and called off the stir. The BJP alleged that it had a secret pact with government to soft-pedal the Lavlin case against CPI (M) State secretary Pinarai Vijayan and investigation of the murder of T. P. Chandrasekharan who is alleged to have been killed by CPI (M) workers.

Even if this is true, Mr. Chandy is still the winner. His position is secure for the time being. He cannot be successfully challenged now unless some hard evidence crops up against him in the solar scam.

 

Ramesh to wait in the wings

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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.

 

Agriculture development policies to befool farmers

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Agriculture policy-- publicity photo

Publicity material showing submission of the draft agriculture development policy to Kerala Chief Minister Oommen Chandy on July 11, 2013.

The draft Agriculture Development Policy of Kerala, drawn by a drafting committee chaired by K. Krishnankutty, tries to befool the farmers at least in respect of the highlighted policy initiatives.

The flagship proposals are what is called Actio apportum (translated into Malayalam as Avakasa Labhom) cess, to be routed to small and marginal farmers of paddy, and incentive to farm workers. This is described as a legal demand of right for sharing revenue or profit generated out of farm produce when it is traded.

However, this is nothing but a less-than-5 per cent subsidy for paddy production, totalling to about Rs. 400 crores annually. This amount could very well have been provided as a direct subsidy from government after collecting one per cent value added tax on rice. Still better, it should have been funded from revenues gathered elsewhere.

The policy, on the other hand, proposes collection of Re. 1 a kg as cess at the end point of sale of rice and payment to the farmers through Agriculture Department. The traders/millers would pass on this cess to the consumers or the farmers themselves by reducing the procurement price of paddy. So, this Actio apportum could just be a mirage.

The real right of the farmer is to get remunerative prices in the market place or through procurement by government. The policy has only usual bureaucratic proposals like “Price Fixation Authority” and minimum support price to address that. The experience so far is that procurement has not actually worked well because funding procurement has not been a priority for government.

The cess proposal would only serve to increase the size of bureaucracy especially in the Agriculture Department. There would have to be separate accounting and even a vigilance mechanism to detect evasion. A portion of what is collected as cess will vanish this way. The proposal also has a flaw in that the benefit is proposed to be limited to small and marginal farmers. Paddy production is to be sustained and it is not always the marginal farmer who can achieve that. So, all paddy cultivators would have to be provided with subsidies.

It also leads to a dichotomy in policy. The government had been lifting tax on rice in past budgets with the avowed objective of helping the poor. Now, it is thinking of a cess instead. Tax on branded rice, which is not consumed by the poor, would have been the best option to raise funds for subsidy.

Cover design of the draft policy

Cover-page design of the draft policy document on agriculture development, Kerala.

The incentive proposed for agriculture workers is Rs. 6 a day. For an agriculture worker earning around Rs. 600 a day, this is a pittance. The Agriculture Department will have to maintain accounts and keep tab on the status of the worker and days of work done by him to make the payments. This is when the Department’s job is increasingly becoming disbursement of incentives and subsidies instead of providing extension services.

The real objective of the Latinisms and rhetoric about farmers’ rights is votes in the forthcoming elections. The politicians can claim that the present government has, for the first time, recognised the right of the farmers (called Actio apportum ) for a share in the profits of middlemen who are buying rice for Rs. 22 a kg and selling at exorbitant rates (up to Rs. 90 a kg.)!

Publicity material about the policy speaks of improving the status of farmers. However, actually the policy equates farmers to Class IV employees of government by proposing income guarantee “to the tune of that received by a Class Four Employees in State service”!

The policy proposes that farm lands should be reserved for agriculture, banning sale or use for no-agricultural purposes. Such a restrictive land use policy could be detrimental to the development of the State. Kerala could not remain an agrarian State for long (as the examples of developed societies show). So, some agriculture land would have to be used for industrial and infrastructure development. Anything that prevents establishment of agro-industries and production of value added products at the farm level would even be harmful.

So, implementation of this policy would have to fine-tuned, keeping overall development of the State in view. What actually is required is measures to check land being purchased and sold for short-term profit. Leaving land fallow should be discouraged by imposing higher tax on uncultivated land. Such a policy could be imposed by offering the low tax rates only for land certified to have a certain level of crop density.

Another proposal is to provide yield and sex assured animals to livestock farmers. Genomic section programmes are to be used to produce sexed semen that will ensure that only female of the species is born. It ought to be examined whether this would impact diversity which is crucial to prevent mass casualties from unanticipated diseases.

Venad Express: the leaky cauldron

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Leaky compartments welcomed passengers of Venad Express as monsoon set over Kerala.

The situation was such that water would flow into the compartments even you put both the shutters of windows down. Many of the shutters were in damaged condition and some would not even move.

It has been a long-standing complaint of railway passengers that coaches that needed to be condemned or repaired were put on service in Kerala. This not only caused inconvenience to passengers but also increased the chances of accidents.

However, railways is even making a move to abandon the proposed coaching terminal at Nemom for maintenance of coaches. The proposed coach factory in Palakkad is also in limbo. These would have perhaps helped to ensure that Kerala got better coaches.

Travel by Venad Express is an ordeal for even reserved passengers. Regular passengers and even season ticket holders are allowed to enter reserved coaches, practically denying seats and comfortable journey to reserved passengers. The travelling ticket examiner, who is to ensure seating for reserved passengers, would not even turn up. On Sunday (June 3), the D1 coach, which was meant for reserved passengers, was overcrowded from at Kochi onwards. However, the TTE turned up only after the train reached Thiruvalla and took no steps to prevent overcrowding. The compartment was, incidentally, overcrowded when compartments for unreserved passengers were empty at Kottayam. The coach covercarried little indication that it was reserved. The letters D1 was hardly visible. Passengers boarded the compartment as it stopped near main (crowded) areas of the platform.

Food is served in the compartments in containers made of aluminium foil. The lid is made of packaging materials printed for milk packets in Europe. This is either discarded or recycles material. Aluminium can leach into the food in minute quantities. The effects of chronic exposure to aluminium are yet to be established fully. However, the metal is known to affect the brain and is suspected to be one of the causative factors for Alzheimer’s disease.

For further reading:

http://www.whfoods.com/genpage.php?tname=newtip&dbid=8

 

Oommen Chandy’s fight against drought

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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.

Discriminating in favour of women

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Finance Minister P. Chidambara with Budget papersFinance Minister P. Chidambaram rides the wave announcing special programmes for women. However, the announcement of a public sector bank exclusively for women is an admission that existing public sector banks does not treat women equally.

That women are discriminated against by banks and that they are not getting adequate banking services is a shame. This is when one of the premier banks like the ICICI Bank is headed by a woman. The government has been able to cater to senior citizens to some extent through regulation. (They still face problems in using schemes such as reverse mortgage.) The government is apparently not able to do this for women— that is to force all banks to treat women equally.

A separate bank for women would solve the problem only notionally. If the same logic is applied to other areas, we would soon need an exclusive bank for SC and ST, minorities and backward classes.

Another scheme is ‘Nirbhaya’ for empowerment of women. The contours of this scheme are yet to be defined. We had scores of programmes in the past for empowerment of women. Like many other government scheme, they did not achieve much. What ‘Nirbhaya’ would do is to be seen.

Following the Delhi incidents, we are in the era of positive discrimination. Women returning from abroad are allowed to bring gold worth Rs. 1 lakh while men can bring only half the quantity. (For women, financially capable of travelling abroad, this is a pittance.). Well, this proposal violates equality before law and hence would be ultra vires of the Constitution.

 Budget highlights

 

Contributory pension scheme and its flawed logic

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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

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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

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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