Friday, October 26, 2012

Sethusamudram ship channel project


he alternative alignment suggested for the controversial Sethusamudram ship channel project to avoid damage to the mythological Ram Sethu is not feasible, both economically and ecologically, a high-power expert committee has concluded.
Explaining the committee’s report to the Supreme Court today, Solicitor General Rohinton Nariman said the Union Cabinet would consider the report soon and take a decision. A Bench comprising Justices HL Dattu and CK Prasad granted eight weeks time for the purpose.
According to the committee, headed by environmentalist RK Pachauri, the alternative route between India and Sri Lanka for the ships going from the east coast to the west coast did not rule out oil spill or the threat to the biosphere reserve in the event of a spill.
The 167-km project, estimated to cost over Rs 2,000 crore, is meant for shortening the shipping distance between the eastern and western coasts of India and reducing the shipment cost of oil and other commodities.
It ran into trouble following objections by political parties and religious bodies, pointing out that the approved alignment for the navigation route would damage the Ram Sethu, believed to have been built by Lord Ram to reach Sri Lanka by crossing the sea.
Further controversy cropped up when the Centre filed two affidavits questioning the existence of Lord Ram and Ram Sethu. Though the government subsequently withdrew the affidavits, the SC had asked the Centre in 2007 to examine an alternative route circumventing the mythological bridge.
The expert committee said an economic analysis showed that the alternative channel was not meeting the benchmark 12 per cent return even after ignoring possible engineering ‘surprises’ and the cost escalation arising from delays. 
The projectThe 167-km project, estimated to cost over Rs 2,000 crore, is meant for shortening the shipping distance between the eastern and western coasts of India

UN Millennium Development Report 2012


In 2010, one in every five maternal deaths globally happened in India which accounted for 20 per cent of the total mortality in this respect.
The UN Secretary General’s Millennium Development Report 2012 released today reveals that while the world has achieved targets of poverty reduction, improved drinking water supply and decreased number of urban residents in slums, it hasn’t done well on maternal health and child nutrition goals.
India is set to miss the Millennium Development Goal (MDG)-5 (on halving numbers of maternal deaths between 1990 and 2015) if it doesn’t accelerate the pace of progress. The report flags concerns for the world with just 1,000 days left to meet the deadline of 2015.
Gaps in these areas are alarming for South Asia, particularly for India, where 57,000 women died during pregnancy or within 42 hours of termination of pregnancy in 2010, posting a Maternal Mortality Rate (MMR) of 212 per one lakh live births. India’s MDG target is to get the figure down to 109.
“India is moving well on MMR but it won’t achieve the MDG at the current pace. About 153 maternal deaths are happening in India every day. That’s one every 10 minutes; and six every hour,” Frederika Meijer, India representative, United Nations Population Fund, said today at the release of the report by acclaimed economist Jayati Ghosh.
In 2001, India reported 91,000 maternal deaths. That’s down to 57,000, indicating some progress.
“India has reduced maternal mortality by 38 per cent in 10 years, but it must do more. We need more auxiliary nurses and midwives and skilled birth attendants,” Meijer said.
Globally, 2.87 lakh women died during child-birth in 2010. Fifty six per cent of these died in sub-Saharan Africa and 29 per cent in South Asia. Twenty per cent of these deaths occurred in India alone. MMR in the developing countries remains 15 times higher than in developed regions. Sub-Saharan Africa still has a high MMR of 500, Eastern Asia has a low of 37 while South Asia accounts for a figure of 220.
The report says the regions with high MMR are those with poor availability of skilled birth attendants.
On child health, however, considerable progress has been made. In developing countries, under five mortality rate declined by 35 per cent, from 97 deaths per 1,000 live births in 1990 to 63 in 2010. India now has an IMR of 47, down from 125 per 1,000 live births in 1992

Thursday, October 18, 2012

‘Accidental Deaths and Suicides in India 2011’


Every four minutes, one person takes his own life in this country and one in every five suicides is that of a housewife.
This and other startling figures are part of a government report ‘Accidental Deaths and Suicides in India 2011’ released here recently.
According to the report, the number of suicides has increased in 2011 by 0.7 per cent to touch 1,35,585, compared to 1,34,599 in the previous year.
West Bengal has reported the highest number of suicides (16,492) accounting for 12.2 per cent, followed by Tamil Nadu (15,963), Maharashtra (15,947), Andhra Pradesh (15,077) and Karnataka (12,622). These five states together accounted for 56.2 per cent of the suicides reported in the country.
“West Bengal reported the highest number of suicide victims in 2009, second highest in 2010 and the highest in 2011. Southern states Andhra Pradesh, Karnataka, Kerala and Tamil Nadu as also Maharashtra have together accounted for 50.2 per cent of suicides reported in the country,” the report said.
Bengaluru (1,717), Chennai (2,438), Delhi (1,385) and Mumbai (1,162) have together reported almost 36.7% of the suicides reported from 53 mega cities.
“It has been observed that social and economic causes have led most of the males to commit suicides whereas emotional and personal causes have mainly driven females to end their lives,” the report said.
The male:female ratio of suicide victims was 65:35. The ratio boys:girls among suicide victims up to 14 years of age was 52:48. Nearly 71.1 per cent of the suicide victims were married males while 68.2 per cent were married females. “One in every five suicides was committed by a housewife,” the report said.

Relevance of Simla Agreement


YET another anniversary has come. The Simla Agreement was signed by Indira Gandhi and Zulfiqar Ali Bhutto 40 years ago on July 2, 1972. Here is, however, a minor quibble. It was actually signed after midnight; so, technically on July 3. Have its provisions been implemented? Short answer, ‘No’. Does it still have any relevance? Short answer, ‘Yes’. And that provides the reason for delving further into these questions.
The Simla Agreement was required from India’s perspective to establish durable peace and sanctify the principle of bilateralism with Pakistan after the India-Pakistan war of 1971. It ended in the east with the excision of East Pakistan and the emergence of Bangladesh. In the west, Pakistan gained some territory across the ‘ceasefire line’ beyond the Munnawar Tawi river in Chamb, and some ‘pimples’ of territory across the international border in India. A status quo ante situation was agreed upon under the Simla Agreement along the international border. Captured territories were exchanged. But the areas gained across the ‘ceasefire line’ in Jammu and Kashmir would be retained. India lost territory in Chamb, but acquired valuable strategic depth in the Kargil-Dras sector, which was the theatre of the Kargil conflict in 1999.
Incidentally, the ‘ceasefire line’ was deliberately re-designated as the ‘Line of Control’ in the Simla Agreement, a change in nomenclature that enabled India to end the tenure of the UNMOGIP (United Nations Military Observers Group in India and Pakistan). It was charged with maintaining peace along the ‘ceasefire line’ established by the Karachi Agreement (1949), but was found very irksome by New Delhi with its frequent calls for site inspections and constant nitpicking about border violations.
The two major decisions taken by New Delhi (read Indira Gandhi), and incorporated into the Simla Agreement that drew most flak were to return the territories captured by India across the international border and to return the 93,000 (mostly military but also civilian) prisoners of war (POWs) to Pakistan. The popular belief is that Indira Gandhi showed naïveté, and was deceived by the wily Bhutto’s nebulous promise during a one-on-one meeting that he would work towards converting the new ‘Line of Control’ in Jammu and Kashmir into an international border. Is this true? Three lines of argument are possible to question these popular myths.
First, it must be appreciated that Indira Gandhi had an inherited sense of history. She realised that imposing a victor’s peace on Pakistan would only ensure its enduring hostility in future. The humiliation of Germany in the Treaty of Versailles (1918) almost guaranteed the recrudescence of hostilities and World War II in 1939. It is another matter that the Pakistan Army, disgraced after 1971, quickly regained its primacy in Pakistan and is obsessed with the desire to avenge its humiliation. It did not allow India-Pakistan relations to normalise then. Or, ever after.
Second, the return of the captured territories and the POWs was equally informed by hard-headed calculations. New Delhi had consistently argued all through 1971 that its support to the Mukti Bahini and the insurrection in East Pakistan was an act of humanitarian intervention - indeed the literature recognises this humanitarian intervention by India to be a ‘just war’. It would have been disastrous for India to have held on to the captured territories thereafter for any base motive like bargaining for political advantage.
Third, the decision to return the POWs was equally pragmatic. For one, they were, in Bhutto’s memorable words, ‘a wasting asset’. The longer India kept them, at considerable expense, incidentally, to itself, the greater the opprobrium it was attracting, since many of the POWs were women and children. Besides, if India was to use these POWs as hostages it needed to remember that Pakistan was holding a large number of Bengali (Bangladeshi) military and civilian personnel as hostages to ensure the repatriation of its POWs by India. Furthermore, Bangladesh had incarcerated a huge lot of Bihari Muslims in camps around Dhaka, who needed to be transferred to Pakistan. Matters were further complicated by Sheikh Mujib’s strong desire to hold war crimes trials against senior Pakistani officials. It took much persuasion by New Delhi to talk him out of this insistence. Ultimately, a three-way repatriation of the POWs to Pakistan, Bengali (Bangladeshi) military and civilian personnel to Bangladesh, and Bihari Muslims to Pakistan was negotiated in 1974 to resolve these thorny issues.
Another controversial issue pertaining to the Simla Agreement is whether Bhutto had reached an understanding with Indira Gandhi to convert the ‘Line of Control’ into an international border, and that he reneged from this offer. Nothing, obviously, is inscribed in the Simla Agreement. New Delhi’s beliefs are largely based on P.N.Dhar’s account, written in 1995, about the one-on-one meeting between Indira Gandhi and Zulfiqar Ali Bhutto in which he is believed to have made this offer. Dhar informs that Indira Gandhi told him about this promise immediately after the meeting. Abdul Sattar, who later became Pakistan’s Foreign Secretary and was also in Simla when the Agreement was finalised, has flatly denied that Bhutto made any such promise. When interviewed by me many years later, P.N.Haksar had an enigmatic answer regarding Dhar’s account: “Was he present in the meeting?” We shall never know what transpired in that one-on-one meeting. But, more disconcertingly, the Simla Agreement had also enjoined the Heads of State to meet again to reflect on all these issues, which was to be preceded by their representatives’ meeting earlier for this purpose. These meetings never took place.
Judging by subsequent actions, however, Bhutto did move some way towards converting the ‘Line of Control’ into an international border. The Northern Territories were incorporated into Pakistan, and ‘Azad Kashmir’ (Pakistan-Occupied Kashmir) was made a province of Pakistan in 1974. For its part, New Delhi installed Sheikh Abdullah in Srinagar and initiated some steps to draw Jammu and Kashmir more closely into the Indian political structure. These steps were probably designed to imbue the ‘Line of Control’ with the attributes of an international border. Then, why did this process stall, and not continue? The short answer is that both the main protagonists of the Simla Agreement became distracted and embroiled in internal affairs. A virulent drought situation, the railway strike, and JP’s Nav Nirman Movement claimed Indira Gandhi’s attention over 1973-74, later leading her to declare the internal Emergency in mid-1975. Bhutto was similarly required to deal with serious disturbances in Balochistan. The Pakistan Army had to be called out, which greatly assisted their rehabilitation, and return to their earlier position of centrality in the country’s polity. The quirk of circumstances, therefore, rather than any lack of will adversely affected this process.
What is left then of the Simla Agreement? Should it be consigned now to the dustbin of history?
This would be a hopeless overreaction. Article III, relating to the restoration of relations between India and Pakistan, lays out the full spectrum of normalisation measures that need being pursued. They include establishing greater communications through all available means, promoting travel facilities, resuming trade and economic cooperation, and exchanges in the fields of science and culture. Only the slightest reflection would reveal the distance that remains from realising these goals to even a minimal extent.

India’s Afghan initiative


EVER since the drive for rebuilding Afghanistan began after large-scale devastation in the wake of the US-led multinational campaign against terrorism, India has been pursuing a policy of promoting economic activity for establishing peace in the strife-torn country.
The idea has been that if people have enough opportunities to earn their living through honest means, they would not get involved in destructive activities. The same idea can be seen behind the one-day investment conference that was organised in New Delhi last Thursday by the External Affairs Ministry in collaboration with the Confederation of Indian Industry (CII) for convincing potential investors to set up industrial units in Afghanistan. India succeeded in getting participation from at least 33 countries. They all agreed with the Indian view that trade and investment can be highly effective in promoting stability in Afghanistan.
There is no dearth of investment opportunities in Afghanistan. Hydrocarbons, mining, infrastructure development, agriculture, industry, the services sector, etc, require large-scale investment. India is already involved in infrastructure development in Afghanistan in a big way. It has so far invested over $2 billion and built a major highway which connects large parts of Afghanistan to an important Iranian seaport. India has also built hospitals, schools, power projects, etc, to help Afghanistan move faster on the road to growth. But India realises that as a traditional friend of Afghanistan, it needs to do more and hence the latest investment initiative by New Delhi.
There are, no doubt, security-related problems which can discourage investors from setting up industrial units in Afghanistan. There is uncertainty about the security scenario after the troop withdrawal by the US and its allies by July 2014. But going by the change in the attitude of the Taliban vis-a-vis India, and the Afghan masses’ appreciation of growth-related activities of foreign countries, one can hope for a better atmosphere for investment in that country. In a commentary on its English website, the Taliban appreciated historical ties between India and Afghanistan and sought to build “cordial relations” between the two countries on the basis of “no interference in each other’s internal affairs”. This is a significant development, which indicates that Afghans will welcome investment-related activities through India’s inititive.

FARMER'S SUICIDE FIGURES IN PUNJAB


  • A Revenue Departmet report compiled in 2008 on the basis of details provided by DCs said that 132 farmers had committed suicide between 2002-2007.
  • Ludhiana’s Punjab Agricultural University's economics department came up with a figure of 2,890 suicides between 2000 - 2008 in just two districts
  • It stated that in Sangrur and Bathinda, 1,643 and 1,247 farmers had committed suicide, respectively.
  • Movement Against State Repression claims 1,700 farmers committed suicide between 1988 - 2008 in two subdivisions of Sangrur district.
  • A Punjab Farmers' Commission study says 2,000 farmers committed suicide every year between 1998-2008
  • Bharatiya Kisan Union (Ugrahan) claims more than 40,000 farmers committed suicide during this period

Green Mission PLANTATION DRIVE



  • Under the Green Mission, the state government has set a target of planting 40 crore saplings across Punjab in eight years
  • On an average, five crore saplings would be planted per year at a cost of Rs 180 crore
  • The drive is aimed at enhancing the forest cover in the state from the present 7 per cent to 15 per cent
  • Fazilka chosen as the starting point as the district has a mere 1 per cent forest cover against the recommended 33 per cent

  • The Dehradun-based Forest Research Institute (FRI) will be greening Punjab in the next eight years. A memorandum of understanding (MoU) was signed between the Department of Forests and Wildlife Preservation, Punjab, and the FRI in the presence of Chief Minister Parkash Singh Badal in here today.
    Green Punjab Mission, a project worth Rs 1,900 crore, aims at increasing Punjab's forest cover from the existing 7 per cent to 15 per cent. While Principal Chief Conservator of Forests HS Gujral signed the MoU on behalf of Punjab, Dr PP Bhojvaid, Director, FRI, signed it on behalf of the institute.
    Badal said it was his dream to increase the green cover of the state. "A massive afforestation programme under the mission will be launched with the involvement of the forest department and farmers. The FRI will provide technical support to ensure the success of the programme," he said.
    Plantation of industrial timber and ornamental tree varieties would be carried out under this programme. He said to ensure the proper price for timber grown by the farmers, the timber market would be strengthened and upgraded throughout the state.
    The Chief Minister also handed over a cheque of Rs 50 lakh to the Director, FRI.
    Dr PP Bhojvaid said the FRI had started the process of supplying quality seeds and plants to the Punjab Forest Department and efforts were on to control the eucalyptus gall vasps disease. He said a district-wise training programme for the frontline staff and forest officers would be started soon.
    Gujral highlighted different aspects of the project and expected the Punjab Forest Department would achieve the objective of the mission with the cooperation of the FRI.
    Dr VK Bahuguna, Director-General, Indian Council of Forest Research and Education, said the mutual cooperation between the Punjab Forest Department and the FRI should also be followed by other states.
    "Punjab has set an example in the agriculture sector and is all ready to set another example in the forestry sector", he added.

Reforms Needed to REVIVE the economy


Provide stable policy environmentThis is a must for getting new investments. Business needs clarity and certainty of policy and needs to know that there is sanctity of a contract. The cancellation of telecom licences and overturning of some other clearances has spooked the industry.
FDI in civil aviationThe sector is in financial difficulty, and a decision to allow foreign investment in it should not be a political hot potato.
Fast track large projectsInfrastructure needs a particular boost. The Prime Minister’s Office is streamlining the process for power projects. The Finance Ministry has created a cell for monitoring large projects. Projects in the pipeline need to be expedited so that confidence is built. Problems in clearances on land acquisition, environment, coal linkages, etc, need to be streamlined. Building of infrastructure such as roads, ports, power plants, airports, rail connectivity, and urban development must be taken up on priority.
Cut subsidiesWhile the budget has set a target of reducing subsidies to under 2 per cent of the GDP, this is a tough one. There is immense political opposition to reducing subsidies on diesel, fertilisers and foodgrains, and when inflation is already very high, it will have to be staggered.
Open multi-brand retailThis is a much needed big reform, and can go through without a Parliamentary logjam. The Cabinet has already taken a decision, which is on hold due to opposition from some states. Efforts are now on to push it again by building consensus, at least among some of the non-BJP ruled states. This will kill many birds with one stone — reduce food wastage, bring down food inflation, create supply chains, better prices for farmers, reduce retail prices for consumers, and bring big ticket investments from the likes of Walmart. 

Tuesday, October 16, 2012

National Mission for Justice Delivery and Legal Reforms.


The data on pendency of cases in maintained by the Supreme Court and High Courts. As per the information obtained from website of Supreme Court, 63,342 cases are pending in the Supreme Court as on 31.7.2012. Out of them, 21,208 matters are up to one year old and are not in arrears. If connected matters are excluded, the pendency is only 35,961 cases as on 31.7.2012. Disposal of pending cases in various courts is within the domain of the judiciary. However, with a view to assist judiciary in addressing the problem of pendency of cases, the Government has set up a National Mission for Justice Delivery and Legal Reforms.
The Mission has twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and by setting performance standards and capacities. The Mission will pursue a coordinated approach for phased liquidation of arrears and pendency in judicial administration which would. Inter alia, involve better infrastructure for courts including computerisation, increase in strength of subordinate judiciary, policy and legislative measures in the areas prone to excessive litigation, re-engineering of court procedure for quick disposal of cases and emphasis on human resource development. The National Mission has a time frame of five years (2011-16) to pursue them.
The House that in a short span of its existence, the Mission has taken several steps in the strategic areas towards fulfilment of its objectives. A Constitution Amendment Bill for raising the retirement age of High Court Judges is before the Parliament. A comprehensive proposal has been formulated for constitution of All India Judicial Service which is before the Committee of Secretaries. An Inter-Ministerial Group (IMG) has been constituted to suggest necessary amendments to the Negotiable Instruments Act along with other policy and administrative measures to check increasing litigation relating to cheque bounce cases,

Action Taken by the Government to Check Poaching Activities in India


(i) Hunting and commercial exploitation of wild animals included in various schedules of the Wild Life (Protection) Act, 1972 is prohibited. Offences committed in respect of these species attract punishment prescribed under the Act.
(ii) The Wild Life (Protection) Act, 1972, has been amended and made more stringent. The punishments for offences have been enhanced. The Act also provides for forfeiture of any equipment, vehicle or weapon that is used for committing wildlife offence(s).
(iii) Protected Areas, viz., National Parks, Sanctuaries, Conservation Reserves and Community Reserves covering important wildlife habitats have been created all over the country under the provisions of the Wild Life (Protection) Act, 1972 to conserve wild animals and their habitats.
(iv) Financial and technical assistance is provided to the State/ Union Territory Governments under the Centrally Sponsored Schemes of ‘Integrated Development of Wildlife Habitats`, ‘Project Tiger’ and ‘Project Elephant’ for providing better protection to wildlife and improvement of its habitat.
(v) The Central Bureau of Investigation (CBI) has been empowered under the Wild Life (Protection) Act, 1972 to apprehend and prosecute wildlife offenders.
(vi) The State/Union Territory Governments have been requested to strengthen the field formations and intensify patrolling in and around the Protected Areas.
(vii) The Wildlife Crime Control Bureau has been set up to strengthen the enforcement of law for control of poaching and illegal trade in wildlife and its products.
(viii) National Tiger Conservation Authority has been constituted with effect from 4.09.2006, for strengthening tiger conservation by, inter alia, ensuring normative standards in tiger reserve management, preparation of reserve specific tiger conservation plan, laying down annual audit report before Parliament, constituting State level Steering Committees under the Chairmanship of Chief Ministers and establishment of Tiger Conservation Foundation.
(ix) India has a bilateral understanding with Nepal on controlling trans-boundary illegal trade in wildlife and conservation, apart from a protocol on tiger conservation with China. A protocol has also been signed in September, 2011 with Bangladesh for conservation of the Royal Bengal Tiger of the Sunderbans.
(x) A sub-group on tiger/leopard conservation has been constituted for cooperation with the Russian Federation.
(xi) A Global Tiger Forum of Tiger Range Countries has been created for addressing international issues related to tiger conservation.

JUDICIAL REFORMS IN INDIA


In the comity of nations, India’s justice system is appreciated and well received. Despite the problem of numbers, we have not compromised on the quality of justice delivered. We have enlarged the scope of fundamental freedoms and increased the space for democracy. We do have shortcomings and are rightly criticized for it. No institution in a democracy is above criticism. What is important is that criticisms are based on facts and performance. It is my responsibility as  head of the judicial system to answer the criticisms, clarify the facts and defend the institution for enabling it to serve the litigant public better.
On the occasion of another Law Day, the 58th of the Republic, I am addressing you with an air of expectation and a sense of fulfillment – the expectation at the steady unfolding of results of judicial reforms set in motion during the last few years and fulfillment on accomplishments which the system has achieved since I addressed you on the “State of Justice” last year. Law Day is significant not only to celebrate our journey on the path of Constitutional democracy and rule of law, but also to take stock of the promises which WE, THE PEOPLE OF INDIA, have given unto ourselves almost six decades ago. In the comity of nations, India’s justice system is appreciated and well received. Despite the problem of numbers, we have not compromised on the quality of justice delivered. We have enlarged the scope of fundamental freedoms and increased the space for democracy. We do have shortcomings and are rightly criticized for it. No institution in a democracy is above criticism. What is important is that criticisms are based on facts and performance. It is my responsibility as  head of the judicial system to answer the criticisms, clarify the facts and defend the institution for enabling it to serve the litigant public better.
Let me reiterate on this occasion the commitment of every member of our judicial establishment to uphold the purity of justice and ensure its timely delivery to the millions who knock at our doors. I see it as a sign of our commitment to rule of law and of our convictions on the ability of courts to give fair and impartial justice. Yes, it might create congestion in courts and cause delay in the delivery of justice. But that is no ground to dissuade people having legitimate claims and grievances from seeking judicial time.
The answer lies in improving the efficiency of the court system and expanding the infra-structure to cope with the situation. I am glad to report that efforts in this regard are yielding results which may acquire speed in the days ahead.
Let me explain few of the steps taken up in this regard so that you may appreciate the facts and continue to support the judiciary in the performance of its onerous tasks in difficult times.
The problem of Arrears and Delay:
Increasingly productivity through improved infrastructure, employment of alternative methods of settlement and adoption of better strategies of management and training have been the key elements of the drive against delay and pendency during the last few years. For any organization, efficiency and productivity are directly linked to the infra-structure it commands. Infrastructure in terms of judiciary includes both human and physical infra-structure. On both fronts, the situation of the subordinate courts which handle 90 percent of litigation continues to be far from satisfactory. This is the responsibility of the State Governments even when the subordinate courts do devote considerable time in adjudicating cases under central laws as well. A committee appointed by the Government of India to study the impact of new legislation on the workload of the courts has recommended that the Union Government has Constitutional obligation under Entry 11 A of the Concurrent List read with Article 247 to provide adequate financial provision for implementation of Central laws through State Courts. The  State Governments under the same principle are likewise obliged to meet expenditure of Courts for implementing laws on subjects in the State and Concurrent List.
Hopefully the above recommendations will receive favourable consideration of the Central and State Governments and the infra-structural needs of subordinate courts will be met in the near future. Meanwhile the continuation of the Fast Track  Courts which have reduced pendency of nearly 20 lakh criminal cases will accelerate the process to the advantage of litigant public. The Central Government was approached to create more special courts for disposal of corruption cases and family disputes which cannot brook delay without causing greater damage to public interest. In several States at the instance of the respective High Courts, evening courts have been established to clear pending cases requiring priority attention. In Tamilnadu, Andhra Pradesh and Gujarat, such courts have been proved to be quite effective in disposal of cases involving minor offences which are clogging our criminal justice system. Delhi has recently started evening courts initially for cases under Section 138 of Negotiable Instruments Act, involving small amounts.
I am confident that other States will follow soon by establishing evening or morning courts to deal with cases involving petty offences. If these efforts of the judiciary are supported by Governments by providing better infra-structural facilities, productivity can be further improved to bring down pendency and delay in the near future.
I do not want to burden you with the statistics of cases filed, disposed and pending at each level of the judicial structure. All I want to convey on this occasion is that while the number of fresh cases instituted has been steadily increasing year after year, the number of cases disposed of has also increased  ubstantially as compared to previous years. It indicates that our judges, overworked as they are, have been making every effort to steadily improve productivity even in adverse circumstances. I want to assure the public that judges are conscious of the problem of arrears and are making every effort to contain the rise of pendency of cases at all levels of the judicial system. Timely justice is the right of every litigant and speedy justice is the obligation of every functionary of the judicial system.
Judicial Education and Training:
I may in this context reflect briefly two significant initiatives undertaken by the Judiciary. Judges, like any other professionals, need continuing education and training to improve professional competence to deal with new challenges thrown up by changes in society, economy, polity and technology. Taking this into account, the Supreme Court had set up the National Judicial Academy five year ago which is now offering regular courses of training designed to cater to the needs of superior court judges. Simultaneously, each High Court has set up judicial academies to train judges newly inducted in the subordinate Courts and to provide continuing education to judges in service. The National Judicial Academy has devised yearlong training plans in consultation with State Academies to ensure that every judge throughout the country has opportunity once in every year to learn and improve court and case management capabilities with support of technology and professionalism.
Simultaneously an E-Committee directly under the Supreme Court was set up to devise and implement a National Policy on computerization of judicial administration in order to expedite delivery of justice in civil and criminal cases. The project is being implemented in three phases over a period of five years. At the end of the first phase, reports indicate that a cost and time effective procedure is under way providing greater transparency, expedition and accountability to the system.
Alternative Methods of Delivery of Justice:
Litigation is time consuming and relatively expensive. In a country with a vast population of poor people, justice has to be necessarily cheap and expeditious. For this, alternatives to litigation must be produced by the justice system. Parliament has provided the statutory basis for it by the recent amendments to the Civil Procedure Code and the Criminal Procedure Code. Taking advantage of these, the judiciary has prepared a National Plan for Mediated Settlement of disputes which included training of mediators, development of mediation manuals, setting up of mediation Centres in Court Complexes and spreading awareness about it among litigants through the legal aid services. Other modes of settlement are also being encouraged and judicial officers are instructed to promote ADR as a movement especially at the first level of courts where the bulk of poor litigants seek justice. As standards of quality of justice delivered cannot be compromised, the ADR process cannot be accelerated without preparation and without demand from litigants themselves. It is hoped that in the next few years, like other jurisdictions outside India, litigants here would also prefer settlements outside litigation through negotiated arrangements. And proportionately it would reduce the problem of delay and pendency in litigation as well.
At the end of the day what I want to report on the issue of arrears is that we are on the right track with a multidimensional, well-planned national programme which has started giving rich dividends. With support from the Central and State Governments and co-operation of the bar and litigant public, I am hopeful that in the next couple of years substantial reduction in the number of cases pending in courts and in the time taken for disposal of cases will happen even if the fresh filings are going to increase continuously.
Judicial Corruption to be rooted out mercilessly:
Let me now turn to another subject which is worrying the public as media reports indicate. This is about judicial corruption, a subject which was not an issue in public discourse till recently. Let me admit  traightaway that corruption and impartiality cannot co-exist. Under no circumstances can judiciary tolerate corruption even in its administrative staff. For an organization which is nearly a million strong including 16,000 odd judges, five to six lakh lawyers and another 3 to 5 lakh ministerial staff to be free from corruption is a tall order, however desirable it be. The legal profession is independent and its discipline is the responsibility of the elected Bar Councils. The public perception of judicial corruption includes corruption by the lawyers and their staff. Similarly, a substantial section of people who consider judiciary to be corrupt attribute it to the ministerial staff of courts and related offices. It is unfortunate that judiciary has to be bear the burden for corruption of people on whom the judiciary has no or little control. So far as the 16,000 and odd judges who constitute the Indian judiciary I am  responsible for their conduct as head of the system though I do not personally have legal and administrative control over them. Nonetheless, I have a duty to explain how the judiciary is enforcing discipline among the judges to ensure that people who approach the Courts will get fair and impartial justice. I would therefore inform you the steps I have taken as head of the judiciary to ensure a corruption-free judicial system
(i) Declaration of Assets by Judges:
The Supreme Court adopted a resolution as early as 1997 to declare assets voluntarily. I have requested Chief Justices of all High Courts to adopt similar Resolutions for declaration of assets by the judges of High Courts as well.
(ii) Restatement of Values of Judicial Life:
Again the Supreme Court in 1997 unanimously adopted a Resolution restating certain time-honoured best practices for judges to follow while they hold the high office. They form a code of ethics for judges to comply in public and private lives. I felt it necessary for High Court justices also to follow similar guidelines and therefore sent it to the High Courts requesting the respective Chief Justices to circulate it among the judges of the High Courts for compliance.
(iii) Model Code of Conduct for Subordinate Judiciary:
It was observed that the conduct of certain subordinate court judges particularly during visits of High Court judges to their places of work have not been of the standard expected of them. I have therefore
formulated certain norms of conduct on their part which I requested the High Courts to consider and adopt for action by subordinate judges.
(iv) Strengthening and Streamlining Vigilance Cells in High Courts:
The Vigilance Cells in High Courts is the primary mechanism available to deal with complaints against subordinate judges. The Chief Justices’ Conference discussed the strategies to strengthen the cells to instill confidence and to expedite inquiries in appropriate cases, so that dishonest judges are eliminated and honest ones are protected.
(v) In-House Inquiry Procedure invoked against High Court Judges:
On receipt of allegations, inquiry through a Committee of Senior Judges was initiated against two sitting High Court Justices, of whom one was recommended to be removed through impeachment proceedings. The finding of the inquiry committee in the other case is awaited.
(vi) Periodical Performance Evaluation and Removal of Judges and officers of Doubtful Integrity:
I have written to the Chief Justices of High Courts to utilize their authority to review the work of all judicial officers firstly on attaining the age of 50 years and then when they attain the age of 55 years and to prematurely retire those found unfit, ineffective or having doubtful integrity. I have reminded them that this is expected under the Fundamental Rules and the Service Rules can be accordingly amended so that deviant behaviour can be effectively prevented. Such review of officers and employees of the Supreme Court is being carried out when they reach the age of 50, 55, 56, 57, 58 and 59 years. Experience has proved it to be an effective remedy particularly against ministerial corruption. Several judges of doubtful integrity are being retired under this provision.
(vii) Tightening the Selection Procedure of Superior Court Justices:
A more detailed check-list to gather adequate information on suitability of prospective candidates for judgeship has now been evolved and sent to all High Courts. The Chief Justice who initiates the recommendations for his High Court has been asked to gather the details including personal antecedents on the new Questionnaire from Advocates and judicial officers being considered for appointment and get them verified. These data with supporting documents have to be forwarded along with  recommendations. This is to avoid discovering a black sheep at a later stage when very little can be done, except resorting to the impeachment process.
There are several more steps being undertaken to rid the judiciary of corrupt elements spoiling the fair
name of the justice system. All that I can do is to assure the public that the judiciary will not tolerate corruption and everything will be done, whatever be the cost, to uphold the purity of justice. In doing so, we have to ensure that the independence of judiciary is not compromised and the reputation of honest judges not harmed.
Legal Aid and Access to Justice:
Another issue which concerns a vast section of people seeking justice is the ability to access equal justice under law. The Government has accorded a crucial role to the judiciary to administer the Legal Services Authority Act which has multiple objectives. Rules have been framed under the Act and appropriate bodies have been set up at various levels to reach out the message of rule of law and equality in access to justice to every nook and corner of this vast country.
The Supreme Court Legal Services Committee grants legal aid to litigants in the Supreme Court which has over 200 advocates including Senior Advocates to render aid to deserving litigants. It maintains its own website and e-mail through which assistance can be obtained from anywhere. For middle income group the Committee renders assistance at subsidized rates through eminent lawyers. Similar arrangements are in place at the High Courts and subordinate courts. Apart from giving litigational aid including the services of lawyers to represent in court, the Legal Services Authority organizes Lok Adalats to facilitate negotiated or mediated settlement of disputes. The programmes and policies are evolved and supervised by the National Legal Services Authority presided over by a Senior Supreme Court judge. It has undertaken a series of programmes to assist different sections of needy people particularly from the weaker sections.
As part of the legal literacy mission and social justice goals, NALSA has launched several campaigns for the successful implementation of the National Rural Employment programme, Protection of rights of women, Children, Dalits and the disabled persons. Legal aid is conceived as a social movement for the legal empowerment of all sections of people for equal justice under law. In this effort a national network of legal aid centres and civil society groups is being set up which can mobilize social action for good governance under law. This is a silent revolution under way to make a success of our democracy. In a small way the judiciary is extending a helping hand in this social empowerment mission though it is outside their usual function of adjudication and settlement of disputes.
I must on this occasion record my profound gratitude to my brother judges in the Supreme Court, High Courts and Subordinate Courts for the valuable efforts they are making to render timely justice to all litigants. Their sacrifices and commitment to justice have made rule of law an abiding principle of Constitutional democracy in our Republic.
Let us all take a pledge on this Law Day that we will do everything possible to uphold the values of the Constitution and render justice to the people without fear, favour or ill will.
Jai hind 

Food Security Bill


Highlights of the Bill
 The Bill proposes foodgrain entitlements for up to 75 percent of the rural and up to 50 percent of the urban population. Of these, at least 46 percent of the rural and 28 percent of the urban population will be designated as priority households. The rest will be designated as general households.
 Priority households will be entitled to 7 kg of subsidised foodgrains per person per month. General households will be entitled to at least 3 kg.
 The central government will determine the percentage of people in each state that will belong to the priority and general groups. State governments will identify households that belong to these groups.
 The Bill proposes meal entitlements to specific groups. These include: pregnant women and lactating mothers, children between the ages of six months and 14 years, malnourished children, disaster affected persons, and destitute, homeless and starving persons.
 Grievance redressal mechanisms will be set up at the district, state, and central levels of government.
 The Bill proposes reforms to the Targeted Public Distribution System.
Key Issues and Analysis
 The Bill classifies beneficiaries into three groups. The process of identifying beneficiaries and placing them into these groups may lead to large inclusion and exclusion errors.
 Several entitlements and the grievance redressal structure would require state legislatures to make adequate budgetary allocations. Implementation of the Bill may be affected if states do not pass requisite allocations in their budgets or do not possess adequate funds.
 The Bill does not provide a rationale for the cut-off numbers prescribed for entitlements to priority and general households.
 The grievance redressal framework may overlap with that provided in the Citizens’ Charter Bill that is pending in Parliament.
 Schedule III of the Bill specifies goals which may not be directly related to food security. It is unclear why these have been included in the Bill.
 The Bill provides similar definitions for starving and destitute persons. However, entitlements to the two groups differ.

Gandhi’s Economic Ideas In Today’s Context


The world today faces challenges of different forms ranging from ecological disaster to terrorist violence and from deaths from malnutrition to problems emanating from plenty. The world, whether it is the affluent North or the developing South, seems to be running in a mad race. Two separate races, almost oblivious of each other, are going on simultaneously on the world map – one race is of affluent people who are clamouring for more and the other is for mere survival where people are striving hard to make both ends meet. And this is where Gandhiji’s ideas hold great value for today’s world – his emphasis on ‘aparigrah’ (non-possessiveness’) and his idea of ‘Swaraj’ under which each individual, he thought, would be enabled to control his or her life independent of state power and where villages/gram sabhas would be self-dependent and self-sufficient.
“Our Earth has enough for everyone’s need but not for anyone’s greed” – This is what Mahatama Gandhi said almost a century ago and there is no doubt that this holds good today. Gandhiji’s famous Talisman that you recall the face of the poorest and the weakest man and consider whether your act is going to be of any use to him, should be our Mantra. And this talisman should be our philosophy of life if we have to achieve the larger objective of ‘Swaraj’ and inclusive growth.
Human happiness was the main criterion for Gandhiji and he thought that progress should be measured in terms of human happiness. He did not believe in the modern view of an affluent society in which material development is the sole criterion of progress. He supported the concept of ‘SARVODAYA’, the greatest good of all. His vision of Swaraj was a society in which every man would have dignified life, and equal opportunities to grow. He envisaged a society in which economic progress and social justice would go hand in hand.
As our late Prime Minister and a Gandhian, Morarji Desai wrote in an Essay “Gandhiji And the Destiny of Man” that Gandhiji demonstrated to the world the strength of man’s invincible soul when it was pitted against physical force or military might; of moral values as against material ones; and of service and sacrifice as against selfishness and acquisitiveness. He taught us the beauty of truth and the sublimity of the human spirit.
Gandhiji was not opposed to material prosperity nor did he reject the use of machines in all circumstances. He felt that machinery should save time and labour for all. He did not want man to become a slave of machines and lose his identity altogether; he wanted machines to be for man, not man for machines.
In Gandhi’s own words: “Economic equality is the master-key to non-violent independence… A non-violent system of government is clearly an impossibility so long as the wide gulf between the rich and the hungry millions persists. The contrast between the palaces of New Delhi and the miserable hovels of the poor, laboring class cannot last one day in a free India in which the poor will enjoy the same power as the richest in the land.”
As a Gandhian scholar Sunil points out in one of his recently published articles that the high consumption levels being presently practiced and espoused, cannot be available to the whole humanity. Even where available and achievable, the cult of consumerism has not made the life and society happier and healthier. It has brought its own distortions and social crises. And worse, it has brought the ecology and environment of the earth to the brink of disaster.
If we go by Gandhian view, the villages will have to made self-dependent economic units. No doubt that a significant part of the village population has to be diverted to industries. But those industries will be small unit, labour-intensive and mainly village based. Villages and small towns have to be again made centre of development. For inclusive growth, we will have to promote the industries which provide employment in rural areas and bring prosperity and basic facilities to villages.
The National Employment Rural Guarantee Scheme is a concrete step in this direction. The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Rights) Act, 2006, has been rightly hailed as landmark legislation. However, there is a need to do much more to achieve the larger objectives like inclusive growth and to eliminate hunger and malnutrition from the country. Since Gandhi, one of the greatest leaders of mankind, was born here, we should ensure that the ‘the face of the poorest and the weakest remains at the centre of our planning and development. (

Empowerment of Women:Major Advancements over the Years


Women & Education: The Sarva Shiksha Abhiyan (SSA) has had positive outcomes for girl child education leading to an increase in the gender parity index( GPI) in primary (0.94) as well as upper primary (0.92) education, Enrolment of girls at primary level and upper primary level increased over the years. Data also shows that the number of girls in schools in the age group of 5-14 years has increased from 79.6 per cent in 2004-05 to 87.7 per cent in 2009-10. Similarly, the number of girls in the educational system in 15-19 years age group increased from 40.3 per cent to 54.6 per cent over the same period. The challenge is to translate the high enrolment into high attendance rates.
The National Literacy Mission or Saakshar Bharat targeted female literacy as a critical instrument of women’s empowerment. This has led to an increase in literacy amongst women from 53.67 per cent (Census 2001) to 65.46 per cent (Census 2011). For the first time, out of the total of 217.70 million literates added during the decade, women (110.07 million) out numbered men.
Women & Health: Implementation of the National Rural Health Mission (NRHM) has resulted in an improvement in many development indicators for women. As per the India Human Development Report, fertility rates have come down and have reached replacement levels in a number of states; Maternal Mortality Ratio (MMR) has come down to 212 per 1,00,000 live births in 2009 from 301 in 2003. Infant Mortality Rate (IMR), though still high, has fallen to 50 per 1000 in 2009. Institutional deliveries have risen from 39 per cent in 2006 to 78 per cent in 2009. Women & Economy: An important strategy for financial inclusion of women, which is crucial for their integration into the economy, has been micro-finance. The model encourages access of SHGs to banks both as a means of savings and as providers of loan services. By March 2010, 69.53 lakh Self Help Group (SHGs) including those formed under the SGSY had been covered under the National Bank for Agricultural and Rural Development’s (NABARD) SHG-bank linkage programme. Of these 76 per cent are exclusively women SHGs, accounting for 72.5 per cent of savings and 82 per cent of outstanding loans.
Promoting Gender Mainstreaming Through Gender Budgeting (GB): Recognizing that women, constituting 48 per cent of India’s population, lag behind men on many social indicators like health, education, and economic opportunities and warrant special attention due to their vulnerability and lack of access to resources, GB, as a tool for achieving gender mainstreaming, has been adopted by the government in 2005. The magnitude of GB allocations as a percentage of total budget has also gone up from 2.79 per cent in 2005-06 to 6.22 per cent in 2011-12.
National Mission for Empowerment of Women (NMEW): The NMEW, an umbrella mission to strengthen inter-sectoral convergence and facilitate the process of coordination of all the women’s welfare and socio-economic development programmes across ministries and departments, was launched on 8 March 2010 to ensure economic and social empowerment of women. The NMEW is piloting the ‘convergence model’ across the country in 32 select districts with the aim of bridging the gap between demand and supply of women-related services by undertaking realistic estimates of the demand, creating greater awareness about women-bsed schemes and programmes of the Government, augmenting the demand for various services/schemes for women, and connecting them with the service providers. The model includes introduction of convergence-cum-facilitation centres for women at district, tehsil/block and village levels. The first such pilot convergence project was launched in Pali district in Rajasthan on 16 September 2011 with the opening of 150 village-level centres.

Central Schemes for Empowerment of Women


Several schemes have been launched by the Ministry of Women and Child Development for empowerment of women.
The Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG), or Sabla, is a centrally sponsored scheme aimed at all-round development of adolescent girls of 11-18 years. The focus is all out-of-school adolescent girls. It aims at making them ‘self-reliant’ by improving their health and nutrition status, promoting awareness about health, hygiene, nutrition, adolescent reproductive and sexual health, family and child care and facilitating access to public services through various interventions such as guidance and counselling and vocational training. It also aims towards mainstreaming out-of-school adolescent girls into formal/non-formal education. Nearly 100 lakh adolescent girls per annum are expected to be benefitted under the scheme. It has been introduced in the year 2010-11 on a pilot basis in 200 districts from all the States/UTs.
The Indira Gandhi Matritva Sahyog Yojana (IGMSY) is a Conditional Maternity Benefit (CMB) centrally sponsored scheme for pregnant and lactating women. Under this scheme cash incentives are provided to for improved health and nutrition to pregnant and nursing mothers. The beneficiaries are paid Rs. 4000/-in three installments per head,  betweenthe second trimester and till the child attains the age of 6 months, on fulfilling specific conditions related to maternal and child health. Pregnant women of 19 years of age and above are entitled for benefits under the scheme for first two live births. This does not include Government/ PSU (Central and State) employees. The scheme was introduced in October, 2010 on pilot basis in 52 selected districts and is being implemented using the platform of ICDS. The grant-in-aid is released to States/UTs, while cash transfer to beneficiaries is being made through Bank Accounts/ Post Office Accounts subject to the beneficiary fulfilling specific conditions. Around 12.5 lakhs pregnant and lactating women are expected to benefit under the scheme every year. In 2011-12, Rs 293.83 crore has been released to the States/UTs for implementation of the scheme.
In addition, the Priyadarshini scheme is an IFAD assisted pilot project for Women’s Empowerment and LivelihoodsProgramme in the mid Gangetic plains. It aims at holistic empowerment of vulnerable groups of women and adolescent girls through formation of Self-Help Groups (SHGs) and promotion of improved livelihood opportunities. The programmeis implemented in 13 blocks spread over five districts in Uttar Pradesh i.e Baharaich, CSM Nagar, Raebareli, Shravasti andSultanpur and two districts Madhubani and Sitamarhi in Bihar. Over 100000 households are planned to be covered under
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the project and 7200 SHGs will be formed during the project period ending 2016-17. The National Bank for Agriculture and Rural Development (NABARD) is the lead programme agency for the implementation; funds are not given to the State Governments.
The Ministry of Women and Child Development has also launched the Support to Training and EmploymentProgramme (STEP) in 1986-87 with the aim of upgrading skills of women for self and wage employment. The target group includes the marginalized assetless rural women and urban poor. Special focus is on identified focal districts in which women are particularly disadvantaged. The project duration is for 5 years with beneficiaries’ ranging from 200-10000 and a maximum per capita cost of Rs 16000. The funds are directly released to different NGOs and not to the State Governments.
The Government of India has also launched the National Mission for Empowerment of Women (NMEW) for holistic empowerment of women. This is a centrally sponsored scheme conceived as an umbrella Mission with a mandate to strengthen inter-sectoral convergence and facilitate the process of coordinating all the women’s welfare and socio-economic development programmes across ministries and departments. The Mission is mandated to facilitate the processes that contribute to economic empowerment of women, eliminate violence against women, social empowerment of women with emphasis on health and education, gender mainstreaming of policies, programmes and institutional arrangements and awareness generation and advocacy for bridging information and service gaps

Infant Mortality In India


As per the latest data on Maternal Mortality Ratio (MMR) from the Sample Registration System of Registrar General of India (RGI-SRS), MMR in the country is 212 per 100,000 live births for the period 2007-09 which translates into an approximate number of 56,000 maternal deaths in one year. As per SRS 2010, the Infant Mortality Rate (IMR) is 47 per 1000 live births which translates into approximately 12.5 lakh children dying before they reach their first birthday.
As per the report titled “Maternal Mortality in India: 1997-2003 trends, causes and risk factors” published from the same source, major causes of maternal deaths in the country are Haemorrhage (38%), Sepsis (11%), Hypertensive Disorders (5%), Obstructed Labour (5%), Abortion (8%) and “Others” (34%) which includes Anaemia.
The main reasons for Infant Mortality in India as per the Registrar General of India (2001-03) are perinatal conditions (46%), Respiratory infections (22%), Diarrhoeal diseases (10%), other infectious and parasitic diseases (8%) and Congenital anomalies (3.1%).
Under the National Rural Health Mission (NRHM) & Reproductive and Child Health programme within its umbrella, the key measures taken by the Government of India to reduce maternal and infant mortality in the country include:
• Promotion of institutional deliveries through Janani Suraksha Yojana.
• Capacity building of health care providers in basic and comprehensive obstetric care and infant and newborn care.
• Operationalization of sub-centres, Primary Health Centres, Community Health Centres and District Hospitals for providing 24×7 basic and comprehensive obstetric, newborn and infant care.
• Emphasis on Facility Based newborn care by setting up Special New Born Care Units (SNCUs), New- Born Stabilization Units (NBSUs) and New Born Care Corners (NBCCs) at different levels of health facilities.
• Web enabled Name Based Tracking of all pregnant women and children to ensure antenatal, intra-natal and postnatal care and immunization services.
• Iron and Folic Acid supplementation to pregnant & lactating women, adolescent girls and children for prevention and treatment of anemia in these groups.
• Promotion of limiting and spacing methods under Family planning.
• Engagement of 8.66 lakh Accredited Social Health Activists (ASHAs) to generate demand and facilitate accessing of health care services by the community.
• Village Health and Nutrition Days (VHNDs) in rural areas as an outreach activity, for provision of maternal and child health services.
• Home based new born care (HBNC) through ASHA to improve new born care practices at the community level and early detection of sickness and referral of sick new born babies.
• Early detection and appropriate management of Diarrheal and Acute Respiratory diseases.
• Infant and Young Child Feeding.
• Immunization against seven vaccine preventable diseases.
• Vitamin A prophylaxis.
• Establishing Referral systems including emergency referral transport, for which the states have been given flexibility to use different models.
• Janani Shishu Suraksha Karyakaram (JSSK) has been launched on 1st June 2011 which entitles all pregnant women delivering in public health institutions to absolutely free and no expense delivery including Caesarean section. Free entitlements have also been put in place for all sick newborns accessing public health institutions for treatment till 30 days after birth.
The Rural Health Statistics published by the Government of India every year provides information on the numbers of different types of health facilities, availability of human resources and infrastructure etc at these facilities including those in the rural, tribal and hilly areas of the country.
To improve medical facilities & doctors in these areas, the key steps taken by the Government of India are:
• Augmentation of human resources: about 1.5 lakhs health human resources including nurses, paramedics and management professionals have been added to strengthen the health care delivery system in the country since the launch of NRHM.
• Financial assistance has been provided to the States to strengthen the healthcare facilities through new construction/ up-gradation/ renovation work in these health facilities. This also includes flexible funds through Rogi Kalyan Samitis (RKS), Annual Maintenance Grants (AMG) and Untied Funds.

THE IMPORTANCE OF BASIC EDUCATION


Why is it so important to close the educational gaps, and to remove the enormous disparities in educational access, inclusion and achievement? One reason, among others, is the importance of this for making the world more secure as well as more fair. HG Wells was not exaggerating when he said, in his Outline of History: “human history becomes more and more a race between education and catastrophe.” If we continue to leave vast sections of the people of the world outside the orbit of education, we make the world not only less just, but also less secure.
The precariousness of the world is now greater than it already was in HG Wells’s time in early twentieth century. Indeed, since the terrible events of September 11, 2001 – and what followed after that – the world has been very aware of problems of physical insecurity. But human insecurity comes in many different ways – not just though terrorism and violence. Indeed, even on the very day of September 11, 2001, more people died from Aids than from physical violence including the atrocity in New York. Human insecurity can develop in many different ways, and physical violence is only one of them. While it is important to fight terrorism and genocide (and in this too, education can have a big role, as I will presently discuss), we must also recognise the plural nature of human insecurity and its diverse manifestations.
As it happens, widening the coverage and effectiveness of basic education can have a powerfully preventive role in reducing human insecurity of nearly every kind. It is useful to consider briefly the different ways in which removing discrepancies and neglects in education can contribute to reducing human insecurity across the world.
The most basic issue relates to the elementary fact that illiteracy and innumeracy are forms of insecurity in themselves. Not to be able to read or write or count or communicate is a tremendous deprivation. The extreme case of insecurity is the certainty of deprivation, and the absence of any chance of avoiding that fate. The first and most immediate contribution of successful school education is a direct reduction of this basic deprivation – this extreme insecurity – which continues to ruin the lives of a large part of the global population, not least in the Commonwealth.
The difference that basic education can make to human life is easy to see. It is also readily appreciated even by the poorest of families. Speaking personally, it has been wonderful for me to observe how easily the importance of education is perceived even by the poorest and the most deprived of families. This emerges from some studies on primary education in India that we are currently undertaking (through the “Pratichi Trust” – a trust aimed at basic education and gender equity that I have been privileged to set up in India and Bangladesh through using my Nobel Prize money from 1998). As the results of our studies come in, it is remarkable to find how the parents from even the poorest and most depressed families long to give basic education to their children, to make them grow up without the terrible handicaps from which they – the parents – had themselves suffered.
Indeed, contrary to claims often made, we have not observed any basic reluctance by parents to send their children – daughters as well as boys – to school, provided affordable, effective and safe schooling opportunities actually exist in their neighbourhood. Of course, there are many obstacles in giving shape to the dreams of parents. The economic circumstances of the families often make it very hard for them to send their children to school, particularly when there are fees to be paid.
The obstacle of unaffordability must be firmly removed across the Commonwealth – indeed the world. I am, of course, aware that some champions of the market system want to leave school fees to the market forces. But this cannot but be a mistake given the social obligation to give the essential opportunity of schooling to all children. Indeed, Adam Smith, who provided the classic analysis of the power and reach of the market mechanism two and quarter centuries ago, wrote eloquently, sitting in Kirkcaldy (not far from here), why it would be wrong to leave this to the market:
For a very small expence the public can facilitate, can encourage, and can even impose upon almost the whole body of the people, the necessity of acquiring those most essential parts of education.
There are other obstacles too. Sometimes the schools are very thinly staffed (many primary schools in developing countries have only one teacher), and parents are often worried about the safety of children, especially girl children (particularly in case the teacher fails to turn up, which seems to happen often enough in many of the poorer countries). Quite often, the parents’ reluctance has a rational basis, and these gaps too need to be addressed.
There are other barriers as well. Very poor families often rely on labour contributions from everyone, even the children, and this can compete with the demands of schooling. This unfortunate practice, though generated out of hardship, must also be removed, through regulation as well as by making the economic benefits of schooling clearer to all. This brings us to the second issue in understanding the contribution of schooling in removing human insecurity. Basic education can be very important in helping people to get jobs and gainful employment. This economic connection, while always present, is particularly critical in a rapidly globalising world in which quality control and production according to strict specification can be crucial.
Not surprisingly, all the cases of speedy use of the opportunities of global commerce for the reduction of poverty have drawn on help from basic education on a wide basis. For example, in Japan, already in the mid-19th century the task was seen with remarkable clarity. The Fundamental Code of Education, issued in 1872 (shortly after the Meiji restoration in 1868), expressed the public commitment to make sure that there must be “no community with an illiterate family, nor a family with an illiterate person”. Thus – with the closing of educational gaps – began Japan’s remarkable history of rapid economic development. By 1910 Japan was almost fully literate, at least for the young, and by 1913, though still very much poorer than Britain or America, Japan was publishing more books than Britain and more than twice as many as the United States. The concentration on education determined, to a large extent, the nature and speed of Japan’s economic and social progress.
Later on, particularly in the second half of the 20th century, South Korea, China, Taiwan, Hong Kong, Singapore, and other economies in East Asia followed similar routes and firmly focused on general expansion of education. Widespread participation in a global economy would have been hard to accomplish if people could not read or write, or produce according to specifications or instructions, or to have quality control.
Third, when people are illiterate, their ability to understand and invoke their legal rights can be very limited, and educational neglect can also lead to other kinds of deprivation. Indeed, this tends to be a persistent problem for people at the bottom of the ladder, whose rights are often effectively alienated because of their inability to read and see what they are entitled to demand and how. The educational gap clearly has a class connection.
It also has a gender connection since it can be a very important issue for women’s security. Women are often deprived of their due, thanks to illiteracy. Not being able to read or write is a significant barrier for underprivileged women, since this can lead to their failure to make use even of the rather limited rights they may legally have (say, to own land, or other property, or to appeal against unfair judgment and unjust treatment). There are often legal rights in rulebooks that are not used because the aggrieved parties cannot read those rulebooks. Gaps in schooling can, thus, directly lead to insecurity by distancing the deprived from the ways and means of fighting against that deprivation.
Fourth, illiteracy can also muffle the political opportunities of the underdog, by reducing their ability to participate in political arena and to express their demands effectively. This can contribute directly to their insecurity, since the absence of voice in politics can entail a severe reduction of influence and the likelihood of just treatment of those who are kept on the wrong side of the gap.
Fifth, basic education can play a major role in tackling health problems in general and epidemics in particular. It is easy to see the importance of specialised health education (for example, on the way infections spread and how diseases can be prevented). But even general education can broaden a person’s lines of thinking and generate social understanding in ways that may be extremely important in facing epidemiological problems. Indeed, some studies have suggested that general school education has a bigger impact on health than specialised health education itself has.
Sixth, empirical work in recent years has brought out very clearly how the relative respect and regard for women’s well-being is strongly influenced by women’s literacy and educated participation in decisions within and outside the family. Even the survival disadvantage of women compared with men in many developing countries (which leads to such terrible phenomenon as a hundred million of “missing women”) seems to go down sharply – and may even get eliminated – with progress in women’s empowerment, for which literacy is a basic ingredient.
There is also considerable evidence that fertility rates tend to go down sharply with greater empowerment of women. This is not surprising, since the lives that are most battered by the frequent bearing and rearing of children are those of young women, and anything that enhances their decisional power and increases the attention that their interests receive tends, in general, to prevent over-frequent child bearing. For example, in a comparative study of the different districts within India, it has clearly emerged that women’s education and women’s employment are the two most important influences in reducing fertility rates. In that extensive study, female education and employment are the only variables that have a statistically significant impact in explaining variations in fertility rates across more than three hundred districts that make up India. In understanding inter-regional differences, for example the fact the state of Kerala in India has a fertility rate of only 1.7 (which can be roughly interpreted as 1.7 children on average per couple) in contrast with many areas which have four children per couple (or even more), the level of female education provides the most effective explanation.
There is also much evidence that women’s education and literacy tend to reduce the mortality rates of children. These and other connections between basic education of women and the power of women’s agency (and its extensive reach) indicate why the gender gap in education produces heavy social penalties.
I have so far concentrated on gaps in access, inclusion and achievement that differentiate one group of people from another. But this is also a good occasion to reflect a little on the gaps – of a very different kind – that exist in the coverage of the school curriculum. The nature of the curriculum is, of course, of obvious relevance to the development of technical skills (such as computing) that facilitate participation in the contemporary world. But there are also other issues involved, since schooling can be deeply influential in the identity of a person and the way we see ourselves and each other.
This issue has received some attention recently in the special context of the role of fundamentalist religious schools, and there is need to pay attention to the narrowing of horizons, especially of children, that illiberal and intolerant education can produce. It is also important to recognise that lack of public facilities for the schooling of children often contributes greatly to the appeal and popularity of religious schools run by political militants.
Indeed, the nature of education is quite central to peace in the world. Recently the very deceptive perspective of the so-called “clash of civilisations” (championed particularly by Samuel Huntington) has gained much currency. It is important to see that what is most immediately divisive in this kind of theorising is not the silly idea of the inevitability of a clash (that too, but it comes later), but the equally shallow prior insistence on seeing human beings in terms of one dimension only, regarding them just as members of one civilisation or another (defined mostly in terms of religion), ignoring their other affiliations and involvements.
There are two mistakes here. First, the classification is very crude. For example, India is put in the box of Hindu civilisation, even though with its 130 million Muslims (more than the entire British and French populations put together), India has many more Muslims than most so-called “Muslim countries” in the world. Huntington’s classification gives comfort only to Hindu sectarians.
The second mistake is to assume that a person’s religion defines him or her reasonably adequately. But every human being’s identities have many different components, related to nationality, language, location, class, occupation, history, religion, political beliefs, and so on. A Bangladeshi Muslim is not only a Muslim, but also a Bengali and possibly quite proud of the richness of the Bengali literature and other cultural achievements. Similarly, the history of the Arab world with which an Arab child today can potentially related is not only the achievements of Islam (important as they are), but also the great secular accomplishments in mathematics, science and literature which are part and parcel of Arab history. Even today when a scientist in, say, the Imperial College uses an “algorithm,” he or she unconsciously celebrates the innovativeness of the ninth-century Arab mathematician, Al-Khwarizmi, from whose name the term algorithm is derived (the term “algebra” comes from his book, “Al Jabr wa-al-Muqabilah”).
To define people just in terms of religion-based classification of civilisations can itself contribute to political insecurity, since in this view people are seen as simply belonging to, say, “the Muslim world,” or “the Western world,” or “the Hindu world,” or “the Buddhist world,” and so on. To ignore everything other than religion in classifying people is to set people up in potentially belligerent camps. I personally believe that even the UK government makes a mistake in expanding, rather than reducing faith-based state schools, adding for example Muslim schools, Hindu schools and Sikh schools to pre-existing Christian ones, especially when the new religious schools leave children very little opportunity to cultivate reasoned choice and decide how the various components of their identities (related respectively to language, literature, religion, ethnicity, cultural history, scientific interests, etc) should receive attention. There is need not only to discuss the importance of our common humanity, but also to stress the fact that our diversities can take many distinct forms and that we have to use our reasoning to decide how to see ourselves.
The importance of non-sectarian and non-parochial curricula that expand, rather than reduce, the reach of reason can be hard to exaggerate. Shakespeare talked about the fact that “some men are born great, some achieve greatness, and some have greatness thrust upon them.” In the schooling of children, we have to make sure that we do not have smallness thrust upon the young.
The idea of the Commonwealth has something to offer on the philosophy behind such a broad approach. The Queen herself, as the head of the Commonwealth, put the basic perspective with clarity and force half a century ago, shortly after her coronation, in 1953:
The Commonwealth … is an entirely new conception built on the highest qualities of the spirit of man: friendship, loyalty and the desire for freedom and peace.
In promoting friendship and loyalty, and in safeguarding the commitment to freedom and peace, basic education can play a vital part. This requires, on the one hand, that the facilities of education be available to all, and on the other, that children be exposed to ideas from many different backgrounds and perspectives and be encouraged to think for themselves and to reason.
Basic education is not just an arrangement for training to develop skills (important as that is), it is also a recognition of the nature of the world, with its diversity and richness, and an appreciation of the importance of freedom and reasoning as well as friendship. The need for that understanding – that vision – has never been stronger