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ANTYESHTI – The Funeral Rites

From the book " Fundamentals of Indian Culture"

The last sacrament of the Hindus is Antyeshti or the funeral rites. Like the phenomenon of death, rites and customs connected with the disposal of the dead body are also universal. Man consciously realizes that death is an inevitable end of every human being. As such it is but natural that every actual occurrence of death should provide an occasion for the living to react to this fact by appropriate behavior.
After death, a sentiment of dread is created in the survivors. There is a belief that even the deceased continues to have some kind of interest in the family property and relatives whom he is unwilling to quit. It is also believed that although after death the man is alienated from the survivors, he may cause some harm to them. In the formal farewell given to him he is requested to depart and is provided with all the articles considered necessary for a traveler, so that he could complete his journey comfortably to the next world. As the Pitriloka. The world of ancestors which is located between the heaven and earth- is considered a replica of the world everything for starting a new life is provided to him.
The object of the suitable disposal of the dead body and the accompanying rites and ceremonies are meant to protect the survivors from the defilement of death. It is believed that until these rites and ceremonies are properly performed the soul of the deceased hovers around the house and haunts its relatives as a preta and does not find its proper place in the company of the ancestors. This kind of belief is found almost universally among Hindus and also the ancient Greeks and Egyptians.
It is not surprising; therefore, that funerary customs in most of the societies exceed the practical, rational minimum required for the mere disposal of the body. It is ritualized with, sometimes very elaborately, but it is also accompanied by a great variety of predisposal and post disposal rites, some of them continuing over a long period after the death, cremation or burial etc. as per the prevalent custom.
The variety of funeral customs is immense. It is due to many factors and influences, geographical, cultural and historical. It is a peculiar combination of these factors which is distinctive and decisive. Thus mummification could originate only in areas having a dry climate (Egypt) and necessary preservative material. In Northern areas where the ground is frozen for most of the year burial is impractical. Beliefs concerning the individual’s destiny and after life also play an important role
Cremation or burning of the dead body is the most recognized mode of the disposal of the corpse among the Hindus.
For more to read contact author at mns1926@gmail.com

Inefficiency and corruption hit the poor most

Can we afford to waste one lac crores a year just because of corruption and inefficiency when two million children die very year , that's about 6,000 deaths happening everyday, where daily income of 20 crores people is less than Rs.16 , where thousands poor people die every year, from hunger, starvation, severe malnourishment and the lack of livelihood.
There is no denying to the fact that corruption is the biggest problem this country faces today . Corruption is not only anti national but anti poor also. It is indeed not the lack of money, but the siphoning of it that is the problem. Corruption is, perhaps, the biggest reason why the most deprived sections of society continue to stay in inhuman conditions . Despite a drop in the number of people below the poverty line, the number of those who go to bed hungry is rising. Government spends thousands of crores rupees every for povery eradication programmes but very little of it reaches to correct place. The main problem is not fund allocation but poor delivery system . Rahul Gandhi recently said only 5 paise out of one rupee reaches to poor. His father Rajiv Gandhi once said that only 15 paise out of one rupee reaches to poor . It means situation is deterioating day by day. There is a cost to be paid for corruption, which is again reflected in higher prices and higher taxation. Over the years, corruption has entered our body politic to the extent that it has become second nature with a majority of our people. We seldom pause to think that this personal gain can have bad effects on the economy. In fact, corruption is visible in almost every deal. If somebody wants his tender to be accepted he has to pay a bribe. . If somebody wants his ration card prepared he has to pay a bribe. Loans cannot be raised from a bank without greasing the palm of the concerned officer. You cannot get your child admitted in a particular school or a course without paying some kind of consideration, euphemistically called a donation or capitation fee. Corruption is prevalent everywhere and it is there just because of lax admisnitration and slow judicial process .To eradicate corruption lot of things need to be done.
And the second most important problem is inefficiency . We are loosing thousands of crores of rupees every year just because we are inefficient in our operations. So far, no systematic study has been done to quantify the costs the individual or the country as a whole pays for the inefficiency. However, if such a study were to be done, the costs of inefficiency would run into thousands of crores of rupees every year. Our bureaucracy is the most inefficient work force in world. Cost of collection of income tax is just double of the cost of any European country. There is surplus work force in every section of bureaucracy . Ironically this work force is corrupt too.
Let us take public sector units for instance. There are hundreds of public sector units which are running in losses for many years. Government is spending hundreds of crores on them every year without getting any thing in return, In fact, public sector steel units are over-manned- where one worker can do the job there are three or four employed. Indian labour laws make it very difficult to lay off an inefficient worker. Those familiar with the recruitment practices for public sector undertakings (PSUs) would know that most of its workers and employees are recruited not on the basis of their skills or qualifications but on recommendations of politicians who in order to nurture their constituencies go on recruitment spree recklessly. It is true that over-manning provides employment to more people, but in the long run it turns those surplus people into parasites. The over-manning of business and industry only signifies a stagnant economy. A growing economy would generate more employment, which would be more productive. This is what is lacking in this country. In a competitive environment most of these PSUs should have been closed down or taken over by healthier units. But just because of political consideration these defunct units are still continuing and salaries being paid to lacs of employees for sitting idle.
Nothing in this world comes free. When a consumer pays for something he or she gets something tangible in return like bread or butter, or intangible, like the services of a lawyer or a doctor. This is the positive aspect. There is also a negative aspect to costs in the sense that a consumer gets nothing tangible or intangible in return but increased cost. This negative aspect of cost is nothing but the cost of inefficiency at various levels inside and outside the government, within organisations as also within the system itself . The result is higher prices and higher taxes.
Let us take steel for instance. India is rich in iron ore and many countries especially Japan buys large quantities of iron ore from India to turn it into steel. It pays the freight charges for importing Indian iron ore and also pays relatively much higher wages to its steel workers, but still Japan is able to sell steel at a relatively competitive price than India. Why is it so?. Since this is not possible in the existing circumstances, therefore, to keep the steel mills running or for that matter any PSU running, the government raises the prices to cover up a part of its losses, increases taxes to cover another part of the costs and raises the countervailing duty on imported steel to protect the steel industry.These relatively higher prices of steel and higher taxes are in fact, the costs of inefficiency, which the Indian consumer as well the Indian nation as a whole is forced to pay.
The country must get out of this vicious circle of inefficiency and corruption at the earliest. It is for the people to understand this and come out openly against inefficiency and corruption. Citizens should ask political leaders what they have done in these past six decades to root out corruption and improve the efficiency in the country!
The Right to Information Act has armed the people with the weapon to question public investments and to figure out if the money was actually spent for the intended objectives or budgeted projects. No longer will we have a situation where a project is completed only on paper, and the money pocketed by the politicians, bureaucrats and contractors. For all we know, the quantum of public money that's siphoned off may come down drastically. But only if the act works in practice will officials be forced to part with details. Anyways, Indian citizens now realize the enormous power they possess to make governments and its employees accountable

Registrar fined for withholding information

Chief information commissioner of Maharashtra State has fined the Public Information Officer(PIO)/deputy registrar of the co-operative department Rs5,000 for failing to give information sought under the Maharashtra Right to Information Act. RTI application was filed by Sunil Godbole, a resident of the Glittering Star Co-operative housing society at Worli, seeking to know whether members of the managing committee of his housing society had submitted indemnity bonds. However, the PIO failed to provide this information for a year despite an order by the appellate authority. RTI activists feel that the order is significant because managing committee members of thousands of societies in the city do not submit indemnity bonds. As per the model byelaws and a Bombay High Court ruling in 2002, members of the managing committee of a housing society have to submit indemnity bonds of being legally and financially responsible of the society’s working within 30 days of their appointment with the registrar.

Forces to disclose officers' ratings

In what could open the floodgates for Right to Information (RTI) application in the armed forces, the Central Information Commission has allowed disclosure of approach papers and notings that are placed before the review selection board of the defence services.

The notings, which include comments by superiors on officers being considered by the board, have been treated as confidential so far.

In the light of the CIC order, there could be a spurt in RTI applications as well as litigation by disgruntled officers who might differ with a poor rating. The information commission has ordered that the documents be made public within 10 days

Corruption in Registrar of Societies Office

We are a group of people consisting of professionals , retired and serving government officials and house wives . Recently we thought of doing social work and therefore started a NGO called ANUBHAV . When we started NGO we considered proper to get it registered .We decided that we would not take any help of so called agent or advocate to get our NGO registered. Luckily a website was available from where we got basic information about the requirements for registration of NGOs and accordingly we prepared the Memorandum of Association and Articles of Association of society and incorporated all requirements required as per law in our application .
Our representative approached the Registrar office at Patparganj area to submit the papers relating to society . Instead of receiving the papers at the receipt counter of Registrar office , the receiving clerk asked our representative to get papers checked by a another counter clerk . Our representative objected to this method and insisted for a proper receipt. After a long arguments the will of the receipt counter clerk prevailed and as per his wish our representative approached another clerk to get the papers checked . The concerned clerk saw the papers briefly and asked our representative to submit some more papers . After long arguments the clerk did not receive the papers and returned them to our representative . After a week time our representative approached the concerned clerk again with all necessary papers . This time also the clerk did not receive the papers and asked him to submit more papers. This new requirement was not told to us on previous visit . Like this our representative was sent back four times and every time with new requirement. We knew why our registration papers were not being entertained . The reason was not payment of bribe. As main objective of our NGO is the exposure of corruption at various level we decided that we would not indulge in corrupt practice ourselves and would not give any bribe to these clerks. When our patience crossed the limit our representative approached the Registrar of society directly and narrated the whole story to him It was good to see that registrar was kind enough to give a patient hearing and promised to deliver the registration papers after a week time . He kept his promise and handed over the registration paper on due data.
Now the question is why a simple thing like registration takes so much time for completion in a government organisation . In Registrar office we found loopholes in the system which these corrupt officials exploit to their advantage. In Registrar office there was no system of receiving and despatching the dak . Everything has been left to the mercy of clerks who exploit the situation to their advantage and take bribes to get the things done in faster way.


In order to know the real position in Registrar office and to what extent the corruption has infiltrated in this office we filed an application under RTI Act asking the various questions relating to the working of registrar office . The reply from Registrar of Societies though its letter no RFS/RTI/2007/Misc./253 Dated 29th February 2008 in respect to each query is mentioned below:

Query 1: How many applications for registration of societies received during 2007. Out of them how many applications were received in person and how many through dak.
Reply: Total 3388 applications for registration of societies were received during 2007 and all applications were received in person and no application was received through dak.

Query 2: How many applications for registration of societies rejected during 2007 and what were the broad reasons for rejections . Are rejected applications communicated the reasons in person or through dak.
Reply: No application was rejected during the year 2007.

Query3 : How many Registration certificates were dispatched through dak and how many delivered in person during last three years.
Reply : Registration certificates were not dispatched through dak and approx. 9500 certificates were delivered in person during last three years..

Query 4: How many societies were penalized during last three years for non compliance of various provisions under Society Registration Act 1860.
Reply: Information may be treated as nil.


The replies from the Registrar are quite interesting and surprising . I thought there would be at least some cases that would have been done in proper manner through dak. During 2007 , 3388 applications were received and during last three years 9500 Registration papers were delivered all in person. Not a single registration paper was dispatched through dak. Once I asked one of friend who applied for registration of society how did he get his society registered. He said that he paid Rs 5000 to a agent to get the registration. If we believe Rs 4000 was paid as bribe Rs 4 crore might have been paid to registrar office as bribe .
In order to regulate the societies there are various provisions like intimation of names of office bearers on yearly basis to registrar office etc. in Society Registration Act 1860. The registrar office intimated that not a single society has been found faulting on this account . It is clear that Registrar Office instead of regulating the societies is busy in taking bribes only. There is no time to see the files and regulate them .





At the end I would like to mention and stress that in all offices where public dealings are involved , efforts should be made to avoid person to person dealings. Applications should be allowed to be submitted through dak or through a properly regulated receipt counter . In modern technological world the application should be submitted on line and till this is done the practise of taking applications in person should be discontinued . If objections are to be raised it should be raised in writing and in one go . All registration papers should be despatched through dak only. No person to person contact should be allowed. At the Reception counter a sign board mentioning the procedure of filing applications should be available. No tout should be allowed to enter into the office .
We did not pay any bribe because we were determined not to do so but it does not happen in other cases. People are made to pay bribe because that they are ignorant of rules and procedures. If government is sincere and tries to make its action transparent as per suggestion given above corruption can be curtailed to a large extent.

Ajit Kumar
29, Vigyan Vihar
Delhi 110092
Mobile - 9868278984

India’s Economic Rise: Need for Inclusive Growth

Despite relatively comparable economic success, the wealth generated by our growing economy has been slow to impact the dire situation of its country’s poor and has in fact broadened it’s already gaping inequality. This situation is, of course, compounded by massive population. Of 1.15 billion people, 70 crores Indians strive to live on Rs.60 a day or less and few have access to indoor lavatories or sanitary water. Of those, 22-23 crore Indians live below the country’s poverty threshold of Rs. 16 day. The obstacles facing the country’s leadership concerning its rampant poverty are immense and numerous. India’s decades of socialist-type aspirations did little to change the economic landscape of India. Market protection led to little growth and years of stagnation. Economic growth has been slowed in India due to a complex bureaucratic apparatus, which has in the past been plagued by corruption, fractious party system, and the idea that economic growth alone is not enough to eliminate poverty.
The economic liberalization that took place in the early 1990’s reversed this trend and jump started the success that we are witnessing today. India now has one of the fastest growing economies in the world and is expected to be among the top three by as early as 2025.
Though ending poverty has been on the lips of Indian leadership for decades, many promises and policy expectations have not come to fruition and in some cases have hindered further development. But there are many reasons why India’s success is not felt throughout society. One being that 2/3 of India’s population depends on agriculture for its livelihood. Yet its agricultural sector is growing at a rate of 1.5-2% a year and contributes only 28% to its GDP compared to, for instance, its manufacturing, service, and information technology industries which are expanding at upwards of 10% a year. The poverty of those millions reliant on agriculture is perpetuated by their low productivity and the fact that many of them have no education and no other vocational skills. This leads them to be forced to make the decision of whether to continue their fruitless labor in the fields or move to a city where they will, no doubt, work as low skilled laborers making little to nothing. Either choice seems to guarantee poverty.
It is plain to see that the economic growth has not been inclusive. The wealth being made at the top is not being reinvested . India is ripe for investment, both foreign and domestic. However, the prospects are made unattractive by the overall state of public services, lack of basic infrastructure, and by discouraging government policies like regulatory and foreign investment controls and restrictive labor laws.
Because of these impediments, many Indians prefer to invest in, and acquire firms abroad in order to gain access to wider channels of distribution and to take advantage of technology and infrastructure. If India’s economy is to continue to grow at a rate of 8% plus per year there must be massive investment in infrastructure and other vital retail ventures. There have been grand schemes proposed to introduce railways to connect metropolitan cities, build power plants, and construct modern highways. These goals, though long-term, are essential to creating a more attractive impetus for investment and improve the overall efficiency of the country.
Comprising around 15% of the global population, India is also home to a disproportionate, 22% of the world’s poor and surprisingly ranks 126th out of 177 countries listed in the World Human Development Index. Its growing population can easily be seen as a cause of India’s perpetual poverty, yet it has been found that in many cases, poverty, and more specifically, the lack of access to basic education, leads to population surges in underdeveloped regions.
Most would agree that investment must not be confined to the corporate and the structural in India but must also be allocated for education, healthcare and sanitation. The acceleration of economic growth is of utmost importance in the overall progress of India as an emerging global entity, but without a concerted effort on our part to attack the issue of poverty at all levels including the most basic, the process of development will be much more arduous and to many millions, unrecognizable.

Right to Information: Spread Awareness , Simplify procedure

Even today around 90% people are not deriving the benefits of right of information. Even though there is quite a change during last two and half a years of its implementation. Still, the percentage of people who know about this Act is very less. The main reason being heavy charges and lack of awareness. Concerning officials/employees of departments are found to adopt go-slow methods in providing information. This keeps people away from exercising their right. Several times the official reply is that the information sought comes under the criteria of confidentiality. Sometimes these officials charges so much for documents charges that information seekers thinks it wise rather not to seek information. Sometimes these documents are not useful or say rather irrelevant to seekers purpose.
The biggest problem is that the governments themselves do not understand the importance or better say do not want to understand.
Around 80 per cent queries sought under the Act are personal, whereas some people use it with an intention to take revenge. People do not ask questions related to social issues. Though this Act has proved to be beneficial yet as it ensures freedom of information, there is still a lot to be done to make it useful in a big way. Information, be it any, should be given to the persons who seek them. Where is the question of confidentiality when a different system is in place for confidential matters. What are the subjects in general which could be called confidential. Information should be given to the point, to the person who wants it. If the RIT is implemented in real earnest then it is sure to create awareness among the masses and also bring desired improvements in the government departments.

R in RTI now means redressal

The Right To Information Act, in its second year, can well be christened the Redressal Through Information Act. For, in an unrecorded trend, the 2005 law, meant to empower citizens with details of Government decisions, is now being increasingly used as a means of redressal of grievances.
Chief Information Commissioner Wajahat Habibullah says that the use of RTI as a grievance-redressal mechanism was not totally unexpected, at least by activist groups. “We have noticed that RTI now is being largely used by the people of Delhi for, say, getting details of delayed passports, ration cards, land allotment, denial of pensions and so on. And while the CIC is clear on the purpose of RTI, in such cases where there is a violation of rules or law, we can certainly help. Now, we notice the pattern of redressal grievance is picking up in other states as well.”
Information Commissioner O P Kejariwal cites the example of the 18-year-long wait for compensation of land acquired by the Government in pre-Independence years being resolved recently by the CIC via an RTI application. A fine of Rs 50,000 was imposed on the errant Department.
Says Kejariwal, “The RTI was also aimed at bringing in systemic changes in Government functioning and this has begun to happen since so many people are appealing before us for settling their long-pending grievances. We have already noticed this in functioning of universities like Delhi University and Aligarh Muslim University and functioning of passport offices where scores of complaints have been attended to.”
Consider some of the orders passed by the CIC in the last quarter of 2007 and the pattern is clear:
• A resident of Jhansi got details of what he alleged was the forged DNA fingerprinting report of his 5-year old son, which his wife had got done.
• An appellant got details of the computation of his pensionary benefits denied to him for the last 10 years.
• The National Hydroelectricity Power Corporation was asked to locate 20-year-old employment records of an applicant, which had been denied to him by court
• The North Eastern Railways was asked to furnish all information to an applicant relating to recruitment and promotion of Engineers, since he had alleged malpractices in promotion of staff.
• The Municipal Corporation of Delhi was asked to respond in 10 days to an applicant who had for long been seeking information regarding permissible limits for construction on a plot.
• A group of appellants from Varanasi filed a compliant against the Ministry of Textiles since they were aggrieved with non-implementation of health-insurance scheme for weavers. The Ministry was asked to settle the grievances within a month.
• The CIC made a “strong recommendation” to the Delhi Development Authority (DDA) to allot a plot under the Janata category in Rohini since the applicant’s allotment number was wrongly quoted by the bank and the allotment cancelled. “This amounts to denial of the right of a member of the public and also denial of natural justice,” the CIC order noted.
• The Employees Provident Fund Organisation was ordered to return Rs 265 deducted from an applicant’s subsistence allowance to be paid to the Prime Minister’s Relief Fund since it was done without taking his consent.
In this past year, the CIC, has, in fact, been coming down strongly on Government Departments when a case of apathy and neglect has been highlighted while settling an appeal.
Take the case of a 90-year old woman who wanted her passport extended. The CIC asked the Ministry of External Affairs to attend to her case within 15 days and in its order demanded:
“Could there be a more callous and apathetic attitude of a Government servant towards not only a member of the public but also a statutory body like the Information Commission?”

Centre must give info on firms with minority govt stake: CIC

NEW DELHI: In a significant decision, the Central Information Commission (CIC) has held that the Union Government has to reveal information about companies even if it does not hold a controlling stake in them.

A three-member bench of the Commission held this while hearing an RTI plea that challenged government's refusal to disclose details on fixed assets of BALCO saying it had no managerial control on the company after its disinvestment of 51 per cent stake to Sterlite Industries.

"Being a shareholder of the company, with representation on its board of management, the information must be available with the Ministry of Mines, and what is available with it can not be denied under Right to Information Act," the bench headed by Chief Information Commissioner Wajahat Habibullah said in an order passed yesterday.

The Commission also directed the government to reveal details of its investment, if any, in the company's 540 MW captive power project set up at Korba in Chattisgarh.

"The argument that the information is not available with the Ministry is untenable. If it has made any investments, it should be so stated. If no investment has been made, then also reply to that effect must be given," the CIC said.

The Commission was hearing an application of Korba resident Laxmi Chauhan, who sought the information to find out as to whether BALCO had received any government investment in its power project that was operationalised in 2005.

Chauhan's RTI plea filed last year was refused by the Ministry on the ground that it was a minority stakeholder in BALCO and did not have a control over the company's management.

Crores of Rupees spent on flowers decoration

In our country where more than sixty percent of population is poor and live in villages , thousands of people die each day because of improper health care and malnutrition, roads are not available to all and where available are full of serial potholes, drinking water is not available to all and if water supply is available it is packed with disease whether the expenditure of Lacs of rupees from Tax payer pocket on decoration by flowers in ministers Bungalow and offices , can be justified. . Indian oil ( Refinery Division ) spent Rs 4 lacs in a year on such flowers decorations.
Ministry of Textile came out with startling figure of Rs. 5 lacs. If we add up the figures of government offices , it will be in crores of rupees. . Can this unproductive expenditure from poor pocket be justified. For details login http://www.rti.sdjindia.org

RBI's Draft Guidelines on Banks' Recovery Agents

RBI has been periodically warning banks against taking the law into their own hands while effecting recoveries. The warnings fell on deaf ears. Apparently deciding ‘enough is enough’ it has now come out with draft operational guidelines.
IN ITS MID-TERM review of the Annual Policy for the year 2007-08, the RBI said that it would issue an operational circular by November 15, 2007 with regard to recovery agents engaged by banks in India. Well, it has placed on its website the operational guidelines that it proposes to issue for adoption by all banks (vide DBOD.No.Leg. 6723 /09.07.005/2007-08 dated November 30, 2007). It has asked all the scheduled commercial banks to furnish their views and comments on the proposed guidelines within a period of one month from November 30, 2007.
Some of the operational guidelines are analysed in the following paragraphs:
Banks are required to have a due diligence process in place for engagement of recovery agents, which should be so structured as to cover, among others, the individuals involved in the recovery process.
Comments: This is going to be difficult for banks since there are individuals and individuals. The agent himself may be a jail-bird of which the bank has no knowledge or the individual engaged by the agent may be a jail-bird of which the agent has no knowledge. In the latter case, the agent is still liable because the scope of the definition of ‘agent’ is vast. It includes agents as well as employees engaged by the agents! Thus, for the bank, it is going to be difficult and costly to screen the prospective agent; for the agent, it is going to be even more difficult to screen his agent or employee because he has to spend upfront for the purpose. Not many may qualify as agents in the process. Agents may become scarce almost overnight just as ‘independent directors’ became scarce after corporates were obliged to adhere to the corporate governance code.
 To ensure due notice and appropriate authorization on their part, banks should keep the borrower informed of the details of recovery agents engaged for the purpose, while entrusting default cases to the recovery agents. The details should include the telephone numbers of the agent. The agent should call the borrowers only from the telephone numbers conveyed to the borrower by the bank.
Comments: This is a welcome provision but suffers from a lacuna. The agent may have furnished the telephone number incorrectly to the bank (either by design or by accident) or the bank may have furnished the telephone number incorrectly to the borrower or the telephone may have gone out of order when the agent attempts to contact the borrower obliging the agent to use another phone number for the purpose. In fact, the ‘out of order’ excuse may be misused and abused by the agent to justify using other telephone numbers for the purpose. To err on the side of caution, the agent may furnish even five or ten telephone numbers to the bank! RBI therefore would do well to advise the banks not to permit the agent to furnish more than two telephone numbers for the purpose.
 Each bank should have a mechanism in place to address borrowers' grievances with regard to the recovery process. The details of the mechanism should also be conveyed to the borrower. This is a welcome provision since there is generally a huge communication gap between the bank and the agent himself as to the status of the loan account.
 Another guideline disapproves of banks setting very stiff recovery targets or offering high incentives to recovery agents. These have, in turn, induced the recovery agents to use intimidatory and questionable methods for recovery of dues. RBI has therefore advised banks to ensure that their contracts with the recovery agents do not induce adoption of uncivilized, unlawful and questionable behaviour or recovery process.
Comments: It is better that the said contract is drafted by the RBI itself for adoption by all banks. Alternatively, the RBI may mandate the Indian Banks’ Association (the Bankers’ Club) to do this. This is important since what is uncivilized or unlawful or questionable behaviour may be perceived differently by different banks.
 Circular DBOD.Leg.No.BC.104/09.07.007/2002-03 dated May 5, 2003 on Guidelines on Fair Practices Code for Lenders and Master Circular DBOD.FSD.BC.17/ 24.01.11/2007-08 dated July 2, 2007 on Credit Card Operations of the RBI advises banks that in the matter of recovery of loans, (a) the lenders should not resort to undue harassment, viz. persistently bothering the borrowers at odd hours, use of muscle power for recovery of loans, etc. (b) banks should ensure that agents engaged by them for debt collection refrain from action/s that could damage the integrity and reputation of the bank (c) their agents should not resort to intimidation or harassment of any kind, either verbal or physical, against any person in their debt collection efforts, including acts intended to humiliate publicly or intrude into the privacy of the borrowers' / credit card holders' family members, referees and friends, making threatening and anonymous calls or making false and misleading representations. The 'Code of Bank's Commitment to Customers' (BCSBI Code) obliges banks to strictly abide by the codes pertaining to collection of dues. RBI Circular DBOD.NO.BP. 40/21.04.158/2006-07 dated November 3, 2006 on guidelines on managing risks and code of conduct in outsourcing of financial services by banks, advises banks to ensure that, among others, the recovery agents are properly trained to handle with care and sensitivity, their responsibilities, in particular aspects like hours of calling, privacy of customer information etc. Therefore RBI wants the Indian Banks’ Association to formulate, in consultation with Indian Institute of Banking and Finance (IIBF), a certificate course for Direct Sales Agents / Direct Marketing Agents / Recovery Agents with at least 100 hours of training. Once the course is introduced by IIBF, banks should ensure that over a period of a year all their Recovery Agents undergo the said training and obtain the certificate from the said institute. Further, service providers engaged by banks should also employ only such personnel who have undergone the said training and obtained the certificate from IIBF.
 RBI has advised banks to rely only on legal remedies available under the relevant statutes which allow them to enforce the security interest without intervention of the courts, when they take possession of property mortgaged / hypothecated to them. This is necessary in the light of a recent Supreme Court observation that ‘we are governed by rule of law in the country and the recovery of loans or seizure of vehicles could be done only through legal means’. The guideline also says that ‘where banks have incorporated a re-possession clause in the contract with the borrower and rely on such re-possession clause for enforcing their rights, they should ensure that such repossession clause is legally valid, is clearly brought to the notice of the borrower at the time of execution of the contract, and the contract contains terms and conditions regarding (a) notice period to be given to the customers before taking possession (b) the procedure which the bank would follow for taking possession of the property and (c) the procedure which the bank would follow for sale / auction of property. This is expected to ensure that there is adequate upfront transparency and the bank is effectively addressing its legal and reputation risks’.
But here again, subjectivity could creep in because most such contracts prescribed by banks are one-sided and when challenged in a court of law, this demerit will show up. RBI should mandate banks to file with it a copy of all contracts banks require the borrower to execute for ratification by it.
 RBI has done well to caution that banks, as principals, are responsible for the actions of their agents. Hence, they should ensure that their agents engaged for recovery of their dues should strictly adhere to the above guidelines and instructions, including the BCSBI Code, while engaged in the process of recovery of dues.
Comments: I wish banks in general and the ICICI Bank in particular paid heed to this caution from RBI. The Delhi State Consumer Commission ordered ICICI Bank to pay Rs 50,00,000 by way of fine for employing goons to recover loans form its consumers. The Commission deplored the practice of the bank intimidating the consumers to collect the loan instalments. The Commission also ordered ICICI Bank to pay Rs 5,00,000 to a consumer who was allegedly beaten up by its recovery agents who also took away the complainant’s car. The victim sustained injuries on the skull and other parts of the body. But ICICI Bank’s effrontery has led it to refuse to own up the act on grounds that agents were employed separately by the recovery agency and it could not be held culpable of any such act as it had asked the agency to conduct itself in accordance with the law. In the light of RBI’s caution, will ICICI Bank’s argument hold water?
Perhaps fed up with the banks’ reluctance to adhere to its instructions the RBI has said that any complaints received by it regarding violation of the proposed guidelines and adoption of abusive practices on the part of banks’ recovery agents would be viewed seriously. Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of the guidelines, Reserve Bank may consider extending the period of ban or the area of ban. Similar supervisory action could be attracted when the High Courts or the Supreme Court pass strictures or impose penalties against any bank or its Directors/ Officers/ agents with regard to policy, practice and procedure related to the recovery process. RBI has realised that sparing the rod will spoil the child!

Child labour audit mooted

In a move that would impact several labour-intensive sectors, the government wants independent agencies to undertake a child labour audit of export units. The move comes close on the heels of global clothing major GAP pulling from shops in the US and Europe garments made in India after allegations that local contractors employed children to manufacture them.
The government also proposes that representatives of the ministries of labour, women & child development and commerce meet every three months to review progress. The government is of the view that the allegations of child labour could adversely affect India’s exporters, already reeling under the impact of a rising rupee.
According to estimates, there are around 1.5 crore children at work in various export units across the country, although domestic laws have banned employing anyone below 14 years of age. The government has increased budgetary allocation from Rs 662 crore in the 10th Plan to Rs 4,000 crore in 11th Plan for a national child labour rehabilitation project and to set up schools for them.
The export sectors under the government’s child labour scanner are the five labour-intensive sectors of apparel, handicrafts, carpets, Sports goods and gems & jewellery. The export promotion associations of these sectors have also given their consent to the move. Apart from the exporters themselves, the entire chain of sub-contractors and suppliers would have to conform to laws relating to child labour.
A decision to this effect taken on Friday at a meeting held between labour minister Oscar Fernandes and women & child development minister Renuka Chaudhary, minister of state for commerce Jairam Ramesh and National Commission for Child Rights chairperson Santha Sinha.
Plans for child labour abolition in specific geographical areas of industry concentration would also be undertaken. They include Varanasi, Bhadhoi and Mirzapur for carpets, Jalandhar for Sports goods, as well as Surat and Bhavnagar for gems & jewellery.

Thousands crores wasted in Reviving Sick PSUs

"Corruption in India" Article no 2


Thousands crores wasted in Reviving Sick PSUs

To tackle corruption one has to have a clear understanding of the various dimensions of corruption. Corruption can be of various types with varying impacts on any given society. It is a well known fact that in India PSUs and government departments have become major breeding ground of corruption . In the name of running the government and PSUs thousands crores are pumped in each year with no results whatsoever.

In the important disclosure made under RTI Act by Department of Heavy Industies it revealed that even after the government of India pumped thousands of crores for reviving sick PSUs nothing tangible happened and turn around of these PSUs could be made. Mostly these units were closed down ultimately or are under the process of liquidation. This was tax payers money which was given to these sick units . Financial support is not only for VRS but money was given in the form of equity, interest free loan, waiving off of loan etc. with the hope that these units would be revived. Even after spending huge money in these sick units these units could not be revived. At the time of making proposals for revivals of these units a lot of promises in the form of high turnover and decent profits in few years are made. These promises are given on paper just for taking money from the government of India. Their promise and plans which are bound to be failed never materialize. After a year or so every body including CMD, secretary get change in the fast changing scenario of industry. Money is taken and siphoned off with impunity. In name of doing business and reviving the company those projects where personal interest of higher management and ministry officials are involved are taken . After some time these projects fail and so the money . But who cares for this.
If we analyse the data we will find that only one out of ten PSUs are revived with the efforts of government. In nine cases where money worth thousands of crores are invested go waste. Who is to blame for the scam which is going on since many years. We do not know any name of official who has been made responsible for the failure. In the collective responsibility no body is responsible. In the working of PSUs we find ministers take utmost interest in the reviving of company. These ministers who do not have a business sense of doing a small business take the decisions worth thousands crores . In PSUs thousands of employees work. In the name of helping these employees for which they also get the support from left parties money worth thousands crores get sanctioned from government of India. Once money is sanctioned first the arrears of employees are paid so that employees keep quiet. After distributing money to employees then work of starting projects begin . In the award of work of major projects the ministry dictate terms. Small works are kept for Directors or officers of the rank of GMs. Some directors who are left out in the award of works keep themselves satisfied by enjoying cars , air travels for self and family , free holidays at the expense of company. In a nutshell every body is satisfied except of tax payer whose money is actually spent in this process . .
Here are some the live examples of PSUs which were sanctioned revival plans but they could not be revived:
1. Hindustan fertilizers Ltd.
From the financial year 1998-99 to 2003-04 the company was sanctioned Equity/Plan/Non plan loan to the extent of Rs. 1275 crores. Now the company is under closure as approved by government of India.
2. Braithwaite & company Limited (BCL) Kolkatta
During 2005-06 Rs 4 crore was provided in the form of equity. Interest amounting o Rs. 43.61 crores was waived off on GOI loan till 31.05.05. Rs 69.30 crores of GOI loan was allowed into equity . Rs 167.30 crore was reduced from eqity capital by way of adjustment of accumulated losses. In addition From 2001-02 to 2005-06 the company was sanctioned Rs 57 crores but it could not be revived.

3. Braithwaite Burn & Jossop Construction Co. Ltd. (BBJ), Kolkatta

During 2005-06 Rs 4 crore was provided in the form of equity. Interest amounting o Rs. 30.73 crores was waived off on GOI loan till 31.05.05. Rs 13.88 crores of GOI loan was allowed into equity . in addition to this in 2005-06 the company was sanctioned Rs 2 crores but it could not be revived.
4. Hindustan Photo Films Manufacturing Co. ltd.
From 2001-02 to 2005-06 the company was sanctioned Rs 145 crores but it could not be revived.
5. Burn Standard Company Limited (BSCL)
From 2001-02 to 2005-06 the company was sanctioned Rs 251 crores but it could not be revived.
6. Bharat Wagon & Engg. Co. Ltd.(BWEL)
From 2002-03 to 2005-06 the company was sanctioned Rs 59 crores but it could not be revived.

7. HEC Ranchi

The company is engaged in manufacturing Iron casting , forging slab caster etc. HEC was referred to BIFR in 1994 and a revival package was approved in 1996. The revival package was declared failed by BIFR which on 06.07.04 recommended winding up of the company under SICA. Government went against the recommendation of BIFR and instead approved a revival package and financial restructuring of the company. GOI invested Rs 453.24 crore in HEC as on 31.03.04 with no concrete result. During 2005-06 government of India wrote off Rs1101.03 crore outstanding as loan and interest thereon. Plan loan as on 31.03.05 of Rs 15.27 crore was converted into equity capital. A non plan bridge loan of Rs 102 crore was released on 30.03.06 Even after spending so much the turnover of the company during 2005-06 was merely Rs. 171.53 crore.

8. HSL (Hindustan Salts Ltd. )
Outstanding loan and interest thereon amounting to Rs. 66.32 crore as on 31.03.05 was written off by government of India. During 2005-06 Rs 100 lac was also sanctioned for payment of pension to the pensioners of ex Salt Department.The turnover of the company during 2005-06 was merely Rs. 5.69 crore and net loss as Rs. 1.20 crore. Recently the CMD of the company was arrested while accepting a bribe of Rs 50000 from a contractor .
8. Cement corporation of India
From 2001-02 to 2005-06 the company was sanctioned Rs 366 crore by government but the company could not be revived.
Like above there are many other PSUs which after receiving financial support amounting to thousands of crore from government of India were closed down. In the attempt of reviving the companies government of India spent thousands of crore on them. Just pumping in the money is not the solution. Main area of concern is not lack of fund but inefficient management . If the government gives adequate thought on appointment of professional management the scenario can be changed. The present system of appointment through PSEB should be dispensed with. Instead PSEB should be totally revamped and appointing committee members should be taken from eminent personalities from corporate and management school. At present most of the appointments to the PSU board are political motivated. There is sufficient pull and pressure being exercised on PSEB members to select a particular candidate with political backing instead of selection on merit basis.
After the advent of globalization in India there are many industries which are facing intense competition from all over the world. PSUs of telecom, fertilizer industries are facing heat of the competition. With heavy baggage of surplus manpower and social cost these companies can not be expected to compete with thin private players. Pumping in huge money in these companies is like throwing money in bottom less pit. Had the government of India sanctioned smaller amount that too for making compulsory retirement of employees the government could have saved thousands of crore. Sooner these companies are closed the better.

Private Security Guards: Stop Their Exploitation

Episode no. 1 “Corruption in India ” Serial

Private Security Guards: Stop Their Exploitation
(By Ajit Kumar – A member of SDJ Team) 22nd Oct 2007

Security guards in their uniform with the non existent power creates a false notion about them as belonging to formal sector/organized sector of labour category having all financial benefits like decent pay with bonus etc. but the fact seems to be that working and living conditions of majority of these workers are even worst than a daily wage labour. These working force which is meant to protect lives and property of others find themselves totally unprotected. Behind every security guard standing before you in stylish and well stitched uniform there is story of exploitation perpetuated by their employers including large private and public sector companies. These companies in their books show heavy payments to various security agencies for deputing large number of security force in their premises but in true sense these payments do not reach to these innocents security guards because large amount is siphoned off by agencies in collusion with corrupt officials . These security guards are made to sign for a amount which is not given to them in real sense. They are given only a part of the amount they have signed for. It is not a small amount which siphoned off in the name of security but involves a large racket with amount running into hundreds of crores monthly. It is a very sorry state of affair that our government department and public sectors companies are also involved in this racket.
Security through private guards has become a common phenomenon especially in urban part of India. Similarly it is very common in mega city like Delhi. One can easily spot a private security at all nook and corners of Delhi in their variety of colorful uniforms. In the last decade the number of such guards and agencies employing them had grown with an accelerated pace. Delhi is no exception to that.
During the last decade there has been mushrooming growth of security agencies in Delhi and other major urban centres of the country. As per one estimate there are more than 5,000 registered and semi-registered security agencies in Delhi it self engaging more than 2,50,000 security guards. Apart from providing security to multinational companies, consulates, corporate offices, industrial units, residential apartments and VIP residences, they also engage themselves in areas of fire protection, surveillance services, cash van services, training services, security audits, house keeping services, utility services etc.
These security guards constitute a major part of unorganized sector Though unorganized sector constitute 80 % of total work force in India the unfortunate part of this sector is that they are not represented by way any credible leader or unions , associations etc. . Left or other national parties do have workers unions but that too in organized sector which constitute only a small fraction of total work force. The organized sector employees get all sort of benefits like bonus, medical , education etc. by doing just less than half of physical work against their counter part in unorganized sector. Frankly speaking nobody is there to hear their grievances and problems. When organized sector employees get regular pay hike with every increase in inflation rate those in unorganized sector are worst hit with no compensation whatsoever available to them from the government
Even though government has prescribed minimum wage for any type of worker but there are thousands of security guards who are denied even the minimum wages prescribed by government of India. Many security agencies though pretend to pay minimum wage to their security guards but they pay only part of total amount payable. Bound by law these security agencies get full payment from their principal employers but they end up paying only half of claim. One can imagine how hundreds of crores rupees is swindled by these agencies in league with corrupt officials.
For many lucky security guards their survival and livelihood revolves round the minimum wages prescribed by the Delhi Government that is Rupees 2592 per month. Looking at the number of security agencies and security guards as also their role in providing security to different sections of society, it is astonishing that there is no specific government department to register, provide direction and regulate these agencies. There is hardly any law or ordinance to safeguard their interest.
Workers drawn from different states are engaged in this profession and hence majority of them are migrant. The basic difference between those employed as security guards from other workers is their socio-economic and educational background. A good number of security guards are educated up to graduate and postgraduate level. Besides, a significant number of them are retired defence officials but they are hardly paid full amount of their due. Majority of security agencies does not follow the basic rules and regulations of labour departments while employing security guards. The terms and conditions related to employment are based on very ordinary contract, which leads to continuous oppression and dismissal. In a large number of cases security guards are not being even provided uniform by their employers. They work upto twelve hours a day, for a meager amount as low as Rupees 2000-2500 a month. They are rarely allowed to take leave even for a day in a month. Single day leave in emergency period without prior intimation often leads to dismissal from the service. They are not given any benefits under ESI and PF Act. Before joining an agency security guards have to pay Rupee 1000 on an average for dress, which has the market price of not more than Rupees 400. A guard is often dismissed from service just to recruit another one to grab Rupees 1000 of dress money, which fetch rupees 600 average for every new recruitment. Once dismissed from service they have to run from pillar to post to clear their dues with the respective agency.
SDJ plans to unravel these horrifying working conditions of private security guards and have come out with suggestions and recommendations to improve their working and living conditions. It is as follows:
1. There is urgent need of a viable act , legislation and a regulatory authority to safeguard the right and bring improvement in the working environment of these security guards. This will provide a shield to them so that they put forward their grievances at a suitable platform.
2. A proper directive and guideline should be given to all the security agencies employing these guards so that any discrimination may be avoided.
3. Seeing the mammoth growth in the size and number of these private security guards and the agencies employing them, there should provision for their stay and living facility.
4. There should a compulsory provision so that all the private security guards should get a minimum salary as prescribed and enacted by the government .. Although, Minimum Wage Act is in force but a few security agencies are following it. There should agencies to monitor the payment of minimum wages by security agencies to their security guards . It may be ensured that security guards get full payment against their monthly wage bill. Payment through cheque/ECS may be one of option of payment.
5. It may be ensured by a regulatory body that all security guards are registered with ESI , PF and get all benefits as per law . In order to ensure transparency , working of ESI and PF department requires major changes like computerisation etc. A smart card consisting their ESI/PF and other personal particulars may be issued to all security guards .
6. Principal employers mostly of them PSUs should ensure that the security guards employed in their premises through various agencies get all their dues in time and as per law. Strict monitoring on there part is essential. They should interact with ESI/PF authorities frequently to enquire whether amount paid by them towards ESI / PF etc. is being deposited regularly

RTI more powerful than ‘OSA’

In view of the transparency RTI more powerful than ‘OSA’regime ushered in by the 2005 Right to Information Act. according to Chief Information Commissioner Wajahat Habibullah the Government may undertake a review of the 1923 Official Secrets Act (OSA) after Major General (retired) V K Singh wrote a book on corruption in the RAW. Where there is a direct conflict between the OSA and RTI Act, it is the RTI which will prevail. The OSA cannot be used in a manner in which it is inconsistent with provisions of the RTI Act. Even documents marked secret or confidential, which would normally attract provisions of the OSA, can be disclosed since the discretionary provision is there in the RTI Act. And if these requests are turned down, the applicant can always appeal to the CIC and argue about the public interest served. With such RTI provisions, the relevance of OSA has become very limited.

Terrorism : Fighting it spiritually Gandhigiri way

Two people were killed on Thursday as thousands of Muslims were breaking their day-long Ramzan fast when a bomb ripped through the dargah of the Sufi saint Khwaja Moinuddin Chishti in Ajmer, a shrine in Rajasthan venerated by Hindus, Muslims and Christians across northern India . On March 7, 2006 twin blasts in Sankat Mochan Temple of Varanasi city left 28 dead, Blasts took place on Tuesday, when the temple is usually packed with devotees. On May 18, this year only 2007 14 persons killed, in blasts in Mecca Masjid Hyderabad . Blasts took place during Friday prayers.
All these blasts once again highlight the grave threats to secular fabric of India . While we mourn the dead and treat the injured, there is a need to reflect on the problem of terrorism and its huge implications for secular democracy framework of India . Over the next several weeks and months the focus will be on the investigation to track down the perpetrators. But given the frequency of these incidents in India and elsewhere, there is an urgent need to understand the problem with a view to formulating effective responses that are in consonance with the rule of law.
Bombs that are used in blasts do not differentiate its victims as Hindus or Muslims . The direct consequences of terror attacks are: one, they result victimisation of the people who get killed, are injured or otherwise affected. Two, the family members of the victims are also affected because of their loved ones being directly involved. Three, the society in which the terrorist attacks take place becomes a victim as the people develop a sense of fear and lack of freedom to pursue their goals. We can not label these terrorists as freedom fighters. There is a wide gap between a freedom fighter on one hand and terrorist suicide bomber on the other. The former sacrifices his own life alone, the latter also sacrifices the lives of innocent civilians; the former gives up his life so that innocent people may live, the latter gives up his life ( or sometimes just flee from the scene) so that innocent people may die. The former's action is life enhancing; the latter's is only a form of necromania..
It is important that we understand the problem of terrorism better. This is so that we can formulate counter-terrorism policies that are effective and also take into account the need for balancing human rights and civil liberties while protecting national security.
In this regard, the response to terrorism should encompass the following:
1. Tackling it spiritually and building strong Public Opinion against terrorism
Recent terror attacks are on both Hindu temples as well as on mosques . From these attacks at least it is clear that terrorists want to divide the country on communal lines by creating a rift between two strong communities of India. Time has come when the people of India understand the dirty design of terror and rise to the occasion to give befitting reply to these attacks. Political and religious leaders can play crucial role in mobilizing public opinion against terrorism. One way of showing disapproval to such acts of terrorism may be by way of observing a day fasting on mass scale on the next day of terrorist attack. Gandhiji went on fasting on several occasions as a spiritual discipline. Fast in the names of those innocents who are killed by act of terror, fast to show the people disapproval of these acts of terrorism , fast to show solidarity with those who are engaged to protect us from such evils of society . Fasting helps to express, to deepen, and to confirm the resolution that we are ready to sacrifice everything, [even] ourselves to attain what we seek for peace . Unleash the power of fasting to help you discover your inner power . A centuries-old tradition, fasting has historically been recognized as a way to heighten human sensitivity to all things . Fasting is soul power that will beat the psychology of the terrorist and stops his hand mid-air and makes him retreat from his action and thought without harming him, damaging him. Without the least bit of violence delivered to him. It is inaction, in action.
2. Reducing social and economic inequalities:
While it cannot be said that poverty and impoverishment are the causes of terrorism, reducing social and economic inequalities helps in dealing with discontent and marginalisation in society. Institutionalised social and income disparities over a period of time can result in people losing hope and a sense of despair can prevail. This can lead to the affected adopting violent and unconstitutional measures to achieve certain economic or political ends.
3. Strengthening the law-enforcement machinery
An effective law-enforcement machinery will be better equipped not only to appropriately respond to terrorism but also to develop intelligence and to provide proper training to officials in formulating counter-terrorism policies. India is faced with huge challenges relating to enforcing the rule of law. The criminal justice system is under severe stress and all institutions of governance suffer from corruption, mediocrity, and inefficiency, all of which undermine the effectiveness of the legal system. The fight against terrorism needs the support of the legal system and civil society whereby the law-enforcement machinery, including the criminal justice process, needs to be strengthened. This is essential so that acts of terrorism are thoroughly investigated, fairly prosecuted, and justice delivered within a reasonable time frame with due regard to the principles of equality and fairness. Unfortunately, in the Indian context, strengthening the law-enforcement machinery has been misunderstood to be the passing of draconian laws in the form of TADA and POTA, both of which have had a dubious track record of violating human rights and civil liberties, besides not being very effective in fighting terrorism. The development of a sound legal framework relating to anti-terror laws is necessary but not enough. Even with a good legal framework, it is not possible to effectively fight terrorism if the law enforcement machinery is not sufficiently empowered. It is important to recognise that the support of civil society is essential. The strengthening of the law-enforcement machinery for adopting suitable counter-terrorism policies ought to focus on the availability of necessary resources, proper training and support for the police and other institutions engaged in protecting national security, and most important, instilling faith and trust of the law-enforcement machinery among the people by reducing corruption and inefficiency.
4. Protecting basic human rights and respect for all :

The responses to combating terrorism should not deviate from the universal values of human rights and fundamental freedoms for all. The question of what should be done when the enforcement of human rights appears to clash with the enforcement of national security measures is the key issue in the aftermath of terrorist attacks. It is important to recognise the need for valuing human rights and promoting civil liberties so that democracies can create space for meaningful dialogue and debates while maintaining the notion of dissent within civil and political society. Any deviation from the rule of law framework will not only be ineffective in fighting terrorism but may also lead to further problems.
The anti-terrorism laws should be compatible with both the national and international human rights framework. The courts and the human rights commissions are best suited to ensure that such laws do not undermine the existing protection of human rights guaranteed under the Constitution of India and other laws.
(AJIT KUMAR)
29 VIGYAN VIHAR
DELHI

800 millions poor people of India

The spectacular cricket victory in Twenty/20 match, Sensex touching a new high , the India@60 celebrations in New York , TATAs acquiring Arcelor , Mukesh Ambani becoming the 5^th richest Indian globally — all these things do not matter much for 800 million poor citizens of India working in unorganized sector and struggling to meet their both ends meals. Though unorganized sector constitute the largest work force in India but they are not represented by way any credible leader or unions , associations etc. . Left or other national parties do have workers unions but that too in organized sector which constitute only 5-6 % of total work force . These organized sector employees get all sort of benefits like bonus, medical , education etc. by doing just less than half of physical work against their counter part in unorganized sector. Frankly speaking nobody is there to hear their grievances and problems. When organized sector employees get regular pay hike with every increase in inflation rate those in unorganized sector are worst hit with no compensation whatsoever available to them from the government . Strangely speaking judiciary also has turned hostile towards them. Ironically, PIL, which started by trying to make justice accessible and fundamental rights real for the exploited and oppressed sections of society, today is being used to mount attacks on the poor and marginalized. Today, slums are being demolished on the orders of the court. In fact, the pleas of the executive and legislature to have a relief and rehabilitation scheme before demolition are brushed away and the courts are rendering lakhs of people homeless in an attempt to beautify cities for the elite sections of society. Thousands of workers are being rendered homeless by the apex court ordering the closure of industries. In each and every sphere the trend is clear. Postulating a people versus environment paradigm and evicting tribals from huge tracts of land in the name of sanctuaries, national parks and tiger reserves is also being done on the orders of courts.

The quality of India’s policies, institutions and governance , judiciary leave much to be desired. Other countries with such problems have often suffered bloody revolution , economic stagnation or collapse . Yet India has accelerated to 9% for four years, a feat rarely achieved in history. Textbook theories cannot explain this. But we can ill-afford to overlook the compelling needs of the 800 million people who remain poor and vulnerable even while we celebrate our new prosperity

CIC orders for Review of Health insurance scheme for weavers

It is good news for the general public that CIC is very much serious about the matters relating to the welfare of generals public. In a recent order the CIC took it very seriously and ordered a central ministry to implement health insurance scheme. The Central Information Commission (CIC) has asked the Union Textiles Secretary to review the implementation of health insurance scheme for the weavers and submit a compliance report within a month. The matter came up before the commission after a weaver from Varanasi, Rustam Nawaj, invoked his right to information to seek details on action taken report from the textile ministry on an earlier representation submitted before its Union Minister. Nawaj, along with his associates, had filed their representation with the ministry, in January this year, alleging non-implementation of health insurance scheme for weavers. The Ministry's information officer in its reply said that the health insurance scheme had been implemented through a private insurer, ICICI Lombard General Insurance. The matter was brought before the CIC after the applicants alleged that their complaints were not looked upon seriously, while further stating that the promises made as part of the insurance scheme were never actualised. Nawaj also raised his grievances over the lack of proper implementation of the scheme by the insurer.

'Harassment' drives RTI activist to suicide

Right to information and right to life, both seem to have been casualties of corruption and abuse of power in Nanded district last week.
The police are investigating the possible role of a health department official in pushing a young right-to-information activist from Mukhed, some 75 km from Nanded, to suicide.Jaipal Chavan, a government hospital superintendent, was named in the suicide note of Shivam Jankuatar (24) for having brought the activist “social shame by lodging a false criminal complaint against me”. On Wednesday morning Jankuatar handed the note to people at the local taluka office and consumed poison on the premises. The note maintains that Chavan had lodged a false case because Jankutuar was attempting to expose corruption by asking the official for copies of expenditure bills under the Right to Information Act. On September 22 the local police had booked Jankutuar for extortion after receiving a complaint from Chavan. State Information Commissioner Suresh Joshi said a report had been sought on the incident from authorities in Nanded, which is about 650 km from the city. SP Singhal said the extreme step of suicide was mysterious, and the police were also inquiring into the kind of information Jankutuar had sought

Mahatma Gandhi : Need for serious introspection

Bapu is identified with many values and principles which he practiced with great conviction but at the core were his belief in non-violence (ahimsa), truth, honesty and rectitude in personal and institutional conduct.

Bapu lived and died for secular India. But what happened in 2002 in Godhra Gujrat . The 2002 carnage will remain a blot on the face of India. Even after five years of this dastardly incident, the hapless victims are yet to receive meaningful justice and the perpetrators are free .

Bapu led the country by giving his own example of clean life . But see what has happened to his India . The corruption index accorded to India by Transparency International. India is ranked at 72 and is deemed to be just above the benchmark for "rampant" corruption. Regrettably the world's largest democracy is largely corrupt. The Indian system has become so distorted ,corrupt and manipulative -- that commitment to Gandhian values is considered to be a sure path to failure by young India. Thus corruption is rationalised at every level and the cynical quip now is that if Rajiv Gandhi as an earnest young prime minister in 1985 bemoaned the fact that only 15 paisa of every rupee allocated by the state was actually utilised for the given purpose, the figure has slid down now to five paisa! . An increasingly state apparatus where even chief ministers, chief secretaries and DGs of police have led the charge in (mis)using their high office for personal gain makes mockery of the Gandhian concept of a 'public servant'.

Equitable justice in an independent India -- a Gandhian objective -- remains a mirage and the courts are clogged with pending cases that go back to three and four decades! At last count, the total number of cases pending before courts in India totaled 2,59,00,000 (2.59 crores) of which the apex court accounted for 43,000 and the high courts had 98,00,000 (98 lakhs) pending with the rest floundering in the lower courts. And the degree of corruption and bribery that is rampant in the system makes a mockery of the centrality of the rule of law in a normative democracy. More recently the stand-off between the judiciary and the media over 'contempt' vis-�-vis a former chief justice of the Supreme Court and the tenet of freedom of speech reveals the brittleness inherent in the system and its inexorable drift from the Gandhian dictum of institutional rectitude and transparency in public life.

Wiping the tears of the most oppressed in society and giving them succor remains central to the Gandhian vision and the mismatch between rhetoric and reality in the current Indian context is glaring. The Sachar Report draws attention only to the Muslim community but much the same could be said of many minority constituencies such as the tribals and other disenfranchised groups scattered in rural and urban India.

Gandhi Jayanti calls for a serious introspection by all of us - about the mismatch between the rhetoric and the reality that is India.

Mahatma Gandhi : Do we need another Mahatma

The greatness of a man is realized when his life influences and inspires people to change for the better. Such was the Mahatma's life that even decades after his death, people drastically changed their lives for the better. Though Gandhi was not tall and well built his indomitable will made him a man few would think of opposing. His desire for justice and equality for people of all castes and creeds made him popular with the masses. The poor and simple folk identified with him due to his simple lifestyle. His honesty and belief in loving the enemy, even at the cost of his own life, endeared him to his friends and foes alike. His non violence brought him international recognition and followers. If we are under the impression that the Gandhian age is over because 60 years have passed since Gandhi assassination, we are wrong. It is quite likely that the Gandhian era is just commencing, that what we see are the first indications of that new beginning. Tomorrow belongs to Gandhi wherever there is resistance against the forces of death, wherever there is injustice, wherever there is repression unleashed by oppressed Gandhi is present. About this, we must firmly convince ourselves.
We are today passing through an extremely critical and controversial phase of terrorism. The climate of terrorist violence is explosive. Terrorism is being used every where either with enthusiasm or with fear. In recent years, we have witnessed terrorist violence affecting almost all countries. Even the so-called advanced, affluent nations suffer from the menace of terrorist violence. In such circumstances the teachings of Mahatma also become more relevant.

Courts, tribunals beyond purview of RTI Act: CIC

: In a significant decision, the Central Information Commission (CIC) has ruled that judicial proceedings of courts and tribunals are beyond the purview of the Right to Information Act.

"A judicial authority must function with total independence and freedom, should it be found that an action initiated under the RTI Act impinges upon the authority of that judicial body, the commission will not authorise the use of RTI Act for any such disclosure requirement," the commission said.

Section 4(1) of RTI Act does not apply to judicial proceedings conducted by a court or tribunal as it refers only to administrative and quasi-judicial decisions of public authorities, the CIC added.

Terming any intrusion with regard to judicial work as "unnecessary", a full bench headed by chief information commissioner Wajahat Habibullah noted, "Judiciary is independent and all judicial authorities including all courts and tribunals must work independently and without any interference insofar as their judicial work is concerned."
Dismissing the applicant's plea that anyone seeking inspection of records should be allowed on payment of prescribed fees, the commission said the RTI Act gave "total discretion" to the court or the tribunal to decide as to what should be allowed for disclosure. The commission, which has remanded the case back to the president and appellate authority of ITAT to determine the issue of disclosure of information, made it clear that any remedy, if available, to the applicant shall only be under the Income Tax law.

Discussing at length the differences between the RTI Act and procedures prescribed by High Courts or tribunals in providing information, the bench observed, "Neither provision prohibits or forbids dissemination of information or grant of copies of records."

Police Torture and Human Rights voilation

An ordinary thief was tortured by the Police in Bhagalpur of Bihar which shocked the entire country at a time when the government of Bihar is trumpeting its achievements as good governance. A Human Rights organization People’s Watch has monitored and analyzed the case of police torture in four districts of Bihar i.e. Patna, Bhojpur, Nalanda and Nawada. In this study the cases included are Police torture, fake encounter, torture of women, custodial death, Lathi charge, Police firing and negligence in duty which took place between July 2006 to June 2007. The study reveals that out of the total victims in these cases of Police torture 76 percent victims are male and 24 percent are female But the way cases of police torture and Dalit atrocities are increasing is a big question mark to the existence of good governance in Bihar. Police torture is the worst forms of human rights violation which can not be tolerated. There is highly need for the government to take strong action to stop police torture. The Constitution of India guarantees the right to life, equality, liberty and dignity of individual to its people and the state has duty to protect these rights. The good governance can not be established till the human rights are protected.
From the line of caste it shows that 47.5 percent victims are from the Dalit community which is the highest followed by the backward community with 31 percent and 21.5 percent of higher caste. If one looks to all these cases in the occupation wise one finds that 45 percent victims are daily wage labourers. Beside them 9 percent students, 5.4 percent house wives, 3.6 service holders and 38.4 percent victims are from the other walk of life were subjected to police torture. The most startling fact is that in 47.7 percent cases, perpetrators (police or private persons) have lodged criminal cases against the victims. The 7.2 percent of torture victims have died up till now and 5 percent cases of police torture have been compromised. The study also reveals that highest number of torture case, which is 32 percent took place in the police stations. 27.5 percent at home, 22.6 percent in village or outside village and 17.3 percent elsewhere. The perpetrators are 57.8 percent constables 28.5 percent sub inspectors, 9.8 percent inspectors 2.5 percent Dy SPs and 1.4 percent higher officials. The data clearly shows that the lower ranks in police are responsible for the majority of torture incidents.
Here the question arises that why police inflict torture on the people? The State Director of People Watch and former District & Session Judge Abhaya Shanker Prasad discloses that the main purposes of police torture are to acquire information from the people, punishment to the accused, intimidation and teaching a lesson for future. According to him the police commit fake encounter to get overnight promotion in service, to get reward, and to get high amount of money but some time inhuman act of fake encounters are done under political pressure too.
The society is also not less responsible for the incidents of Police torture. It can be said that the society as a whole has become violent and believe in instance justice. The majority people whether they are Advocates, Teachers, Doctors or common men support the Police torture and also deny human rights without a second thought. They question, what for the police is if not for beating? In such a state how can only Police be blamed for torture? If police torture need to be stopped then every one should be made aware of human rights and torture. One must start practicing the human right within, in the family and in the society. There is a thrust need to work towards the accountable and transparent system of governance so that the very human rights of the people can be protected.

Common man most hit by corruption

Chief Justice of India Justice K G Balakrishnan on Saturday said the common man 'is hit hard by deep-rooted corruption' in the country and indicated that the public distribution system (PDS) was in shambles.

Corruption's victim was the common man, who had no mechanism to redress his grievances, he said inaugurating the ninth All-India Lokayuktas/Lokpals/Upalokayuktas Conference 2007 here.

"It (corruption) is deep-rooted. We are not able to curb corruption in public life for various reasons," Justice Balakrishnan lamented, adding "beneficiaries" of corruption were blocking efforts to curb the menace.

He said that in some states not a single grain reaches the common man. He asked as to how long will this poverty continue. People should be sensitised and educated otherwise corruption will continue.

He said that good governance is required in the country. "Every citizen is entitled to have good governance. We should have good governance in all walks of life".

"Because of corruption and non-action of police, people have started to take law in their hands," he said.

In a message to the two-day conference, Prime Minister Manmohan Singh said his government was committed to the policy of zero tolerance while dealing with corruption.

Delaying tactics under RTI Act

With best intentions, the UPA government passed an unprecedented piece of legislation in the form of Right to Information Act. It is a real step forward in the direction of peoples empowerment , transparency in the working of government offices and the accountability of the bureaucracy . But the bureaucracy has never been in favour of this kind of legislation. They have always thought themselves to be masters not the servants of the people. As a applicant under Right to Information Act we have varied experience sweet as well as sour. We found that in large number of cases they have reconciled themselves and are willing to share information they have. But in many cases we have also noted that they are not cooperating . In some cases they are adopting delaying tactics . Here we are giving some tactics employed by them where wish to stone wall themselves and refuse to accede the request. With more and more incidents of Government officials not acceding to requests under the Right to Information Act or not providing the correct information under the RTI Act, it is high time the state government imposes some more stricter penalties which will make these officials comply. For delaying the information these officials are adopting various tactics to avoid penalty prescribed under RTI Act. Some of the tactics being adopted by them to delay the information are as follows:

1. Documentation charges : Under Section 7(3) of RTI Act documentation charges is payable at the rate prescribed under RTI rules no 4 of RTI Fees and Cost rules . At present documentation charges is Rs 2 per page . It has been our experience in many cases that the obligation on the part of applicant to deposit fee is misutilised by most of PIOs. Some times PIO of a public writes a letter to the applicant just one or two days before the limit period of 30 days to deposit the documentation charges for “X” number of papers on adhoc basis even though the information in many cases are not ready for dispatch. In this process of writing letter and reaching the same to the applicant PIO gets extra time to gather the information thinking that applicant may not come forward to deposit the amount or if he comes then they will start compiling the information. In some cases like MCD once a applicant goes to deposit documentation charges as demanded he or she is asked to deposit fees at a office which is located at different place 4 to 10 kms away from the PIO office..

In some cases PIO will demand a huge amount as documentation charges from the applicant in order to furnish the desired information. In case the applicant demands to see the information before depositing the money in order to verify the contents of information as per his requirement or not it is bluntly refused.

Central Government Employees Welfare Housing Organisation : The interpretation given by PIO CGEWHO to the provision under Section 7(3) is quite different from others and interesting. In its reply to a application the office wrote a letter to applicant to deposit Rs 10600 as cost of collection and collating the information. As per their contention this cost includes the salary of those employees who will be deployed by them in collecting the information. As per their contention the cost of collection of information is in addition to the documentation charges prescribed under RTI Act.

2. Diverting of resources disproportionately: The exemption provision under Section 7(9) is being misused by many public authorities with impunity. If some one demands an information from a public authority for which the authority has to make some extra effort in digging out the information , many public authorities are taking refuge under this provision with a answer that providing of information will divert the resources of public authorities disproportionately. This plea is being taken not by any small company with little resources at their disposal but by big Fortune 500 companies like Indian Oil , BPCL, BHEL etc. In the Act there is no clarity as to what will constitute as diverting of resources disproportionately.

3. Commercial Confidence : Exemption under Section 8 (1)(d) gives power to PIO to deny information in the name of commercial confidence . This exemption provision is being misused by many renowned companies like Indian Oil, NTPC etc. Copy of Internal Audit which gives full account of internal deficiencies was denied by NTPC , Indian Oil under the garb of provision of commercial confidentiality . The RTI Act is very much clear on this issue . It states that commercial confidence matters are those papers by which the third party competitive interest is not affected . By disclosing the internal audit reports no third party interest is infringed but still information is denied .

4. Visit to office : In some cases PIOs instead of providing information insist for applicant visit to their office and clarify them the need for information. It is surprising that the same information is being supplied by other authorities without any difficult . This is only delaying tactic which many PIOs adopt.

Above are only few instances of how public authorities adopt delaying tactics in furnishing the information . There are other methods also which are adopted by some authorities to skip the information. Under Section 7 (3) application has to be transferred within 5 days from one public authority to different public authority is case if application is closely related to another. We have found that in many cases application is transferred much after the prescribed 5 days , some times 15-20 days. Irony fact is that transferee public authority again takes 30 days for furnishing the information to applicant where as 15-20 days have already passed.

It has been found that in most of cases Appellate Authority also take the same stand as was taken by their PIOs. After rejection of information of appeal by Appellate Authority the next appeal lies with CIC. Here also it takes months to fix the date of hearing as thousands of application are already pending . In RTI Act there are provisions for deducting penalties from the salaries of errant officials. In very few cases penalty by way of deduction from the salary has been imposed by CIC . Merely deducting of salaries is not sufficient because if one considers the people who are involved or who are being penalized then this is a mere pittance. Either the state government passes a law that if the person continues committing the same offence either dismissal or a jail term. Government officials should be made aware that they have certain responsibilities to the people. That they are government servants and have to be responsive to what the people want. The fact that information is being sought under the Right to Information Act, indicates that something wrong has happened. So it is beneficial to all that the correct information is given immediately and correctly. By providing false information or delaying the process, the government officials are indirectly becoming accessories to that mistake which goes against the Right to Information Act. Therefore it is high time, that the state authorities strengthen the punishment and ensure that once punished these officials do not commit the same mistake again and is a lesson to others not to do the same.