Ambiguity in Supremecourt verdict on Lokayukta selection

Recently honorable Supreme Court had pronounced two contradictory verdicts on the appointment of Lokayukta chief selection process in case of Gujarat and Karnataka state affairs. In Gujarat case primacy has accorded to the honorable chief justice of Gujarat high court, whereas in Karnataka case primacy has given to council of minister headed by chief minister.

According to Gujarat Lokayukta Act, 1986, in order to appoint Lokayukta chief, The chief minister must consult the chief justice, he must consult the Leader of Opposition and must then forward the recommendation to the governor who must act on the aid and advice of the council of ministers. But in this entire selection process apex court subverted Montesquieu theory of separation of powers by rendering executive and legislature redundant organs! And governor directly contacted the Attorney general of India and by passed the council of ministers advice.[It's contradictory to Art.163]

In case of Karnataka Dy Lokayukta appointment process, chief minister had failed to have meaningful and effective consultation or discussion with the chief justice of the high court. By citing this cause apex court quashed selection of Dy Lokayukta and it's followed the spirit of Karnataka Lokayukta Act. More over Supreme court bench stated that, the advice tendered by the chief minister will have the primacy and not that of consultees, including high court chief justice![ contradictory to the Gujarat]

I think judiciary has to respect the balance of power by giving due importance to the legislature and executive then only our Indian democracy will further strengthen. Besides, that governor has to act on the aid and advice of the council of ministers in India’s constitutional set up.


                                                                                                           Suneel Anchipaka
                                                                                                           anchipaka.suneel@gmail.com

How bad medicine turns worse than disease

The Right of children to Free and Compulsory Education Act(RTE act 2009) came into force from April 1, 2010. According to RTE act, every child in the age group of 6-14 years will be provided eight years of elementary education in an age appropriate classroom in the vicinity of his/her neighborhood. Recently NGO named Pratham, brought out Annual Status of Education Report 2012[ASER] and unearthed how pro-poor polices of government  are u-turning into horribly anti-poor!

According to ASER report 2012, 29.1 percent of children in class V couldn't solve a two digit subtraction problem and only 30 percent of class III students could read a class I text book. Latest report stated that, learning-quality levels has been deteriorated after the RTE act. Let us find out the causes and remedies for the same.

In order to attain cent percent universal primary education enrollment ratio and to reduce education stress levels, RTE act envisaged that, scrap all exams and assessments up to 8th class. This very ill-conceived  initiative reserving the rural school children only for future MGNERGA workers[unskilled manual workers]. If we go in this direction then how can Indian nation will reap demographic dividend and pave the way for robust socio-economic-cultural development?

Poor teaching quality levels is one the grave concern for aspiring super power like India. One of the root cause could be poor quality at the recruitment level it self. e.g. recently former Haryana chief minister found guilty in teachers recruitment scam and it might be pan Indian phenomena. So need of the hour is revamp teacher recruitment and make teachers more accountable to the parents, local community and gross root democratic structures[PRI's]

In the knowledge, globalized and competitive society quality of education is imperative. Here teachers role is instead of focusing only on syllabus completion, should also adopt innovative pedagogic practices, extra curricular and service based learning systems.

Re-innovate the traditional teacher training systems, enhance the quality of in service training and ensure that every teacher should complete training in true spirit rather than business as usual approach. Enhance the teachers ability, aptitude and up to date knowledge levels according to globalized world then only teachers can impart knowledge based education to the students.

Undoubtedly RTE act 2009, improved primary education enrollment ratio, infrastructure facilities and girls toilets. Challenge could be recruiting more humane, sensitive teachers to put our society into equality, egalitarian and gender sensitive.

Finally good teachers are the building block of any progressive society, testimony for that is you and me are here because of them!

                                                                                                 Suneel Anchipaka
                                                                                                anchipaka.suneel@gmail.com

Spectre of Manual scavenging haunting the Nation

In modern civilized India, in spite of 65 years of independence and functioning democracy, still we couldn't eradicate obnoxious practice of manual scavenging! One scholar termed this dehumanizing manual scavenging practice as burying democracy in human waste. In 1901, Mahatma Gandhi stated that manual scavenging as national shame and 2012 our people representatives echoed the same! Then are we moving towards so called egalitarian and inclusive society?

Though this vile and inhumane practice was abolished by law in India in 1993, the practice is deeply entrenched in South Asian societies. Let me discuss why this anti-national and anti-constitutional(Art.17, Art.21) practice has been continuing in one form or other in spite of pressure from ILO and supreme court of India recurrently..

Manual scavenging practice is inextricably linked to deep rooted caste based and hereditary occupation for Dalits and moreover predominantly linked with forced labour/untouchability. According to national commission of safai karmacharis report, approximately 13 lakh citizens are directly or indirectly involved in this demeaning practice across the length and breadth of our nation. Paradoxically Indian railways and municipalities are the largest employers of manual scavenging. Thus state is the largest grass violator of human rights and fundamental rights as well[right to dignity].


The public hearing also brought to light the social pressure for the continuance of the practice. In some areas upper caste people want to promote, protect and perpetuate their dominance by relegating out-caste people into manual scavengers. e.g. In a village in Madhya Pradesh, when a mother stopped scavenging toilets, the scholarship for her son was stopped.


A historic Supreme Court Ruling in May 2009 may help bring an end to this abhorrent practice in India. The Court held government appointed District Collectors responsible for not eradicating the demeaning and hazardous practice. But our public officials have frequently failed in their duties to identify, report and end manual scavenging, demolish dry latrines, and rehabilitate manual scavengers, and on their shoulders rests major culpability for the continuance of the unlawful and unjust social practice.
e.g. Recently supreme court sternly warned District Magistrate for filing a wrong affidavit stating there was no manual scavenging in his district.

I am wondering, why our Indian renaissance movements(socio-religious movements in 18th century) was unable to address this degrading issue as they did to abolishing Sati. To eliminate manual scavenging, we need 21th century social reform movements with proactive engagement from civil society organizations. The fact that most manual scavengers are women, many of whom are older and with poor literacy levels.


The Government of India has operationalised multi Crore rehabilitation schemes like National Scheme for Liberation and Rehabilitation of Scavengers since 1992 and Self Employment Scheme for Rehabilitation of Manual Scavengers since 2007 along with deciding time lines for putting an end to this practice. Sometimes critics point out that, Indian nation is a softstate, where it can't act firmly on it's own decisions. And our nation has a great culture of passing laws and greater culture of bypassing laws. Need of the hour is to strengthen implementation machinery and inculcate sense of fraternity among bureaucracy towards marginalized sections.

Central government has recently introduced , "The Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill, 2012", in Lok Sabha to eradicate and to provide skill-based training to those who give up manual scavenging. I  think it's apt to mention renown Sociologist Andre Beteille statement : laws directs what ought to be done but social structures determine what should be done. We need to revamp societal structures and people mindsets then only new bill will be implemented in true spirit.

Finally let me remind you, as a human beings there are somethings can't do to other human beings[Justice Albie Sachs of South Africa].

                                                                                                              suneel anchipaka
                                                                                                         anchipaka.suneel@gmail.com

                                                                     

Is SC/ST Constitutional Amendment Bill(117th) necessary evil!

The Supreme Court in the matter of M. Nagaraj case, while upholding validity of the Constitution amendments regarding reservation in promotion to the Scheduled Castes and Scheduled Tribes, has laid down certain pre-requisite conditions for providing reservation in promotion to SCs and STs, namely the State has to see about backwardness of the class, inadequacy of representation  and efficiency of administration.

To overcome the above pre-requisite conditions, the Government proposed to introduce a 117th bill to amend the Constitution. The Rajya Sabha has passed a Constitution amendment bill to grant reservation to SCs and STs in promotions in government jobs with an overwhelming majority of votes and bill is waiting before the Loksabha.

There are some legitimate concerns regarding the reservation in promotions for SC/ST. Do they really need reservations at promotion level too? Lets me put few pointers which I collected from various sources.

The worst affected in the present system are SC/ST officers for they generally join later(on an average 30 plus yrs) than general category officers due to lack of legitimate structural means, economic barriers and family obligations. If state doesn't provide proper means for them to reach top echelon of admin apparatus then historical disadvantages and widespread discrimination against them would continue to exist!

Supreme Court in one of the verdict assumed that, SC/ST castes per se is backward in terms of socio-cultural and economic deprivations and nature of marginalization they do suffer in the modern civilized Indian society in day to day life. Besides the reasons mentioned above, composition of groups and lack of sizable middle class in this mass community[1/4th of the Indian population] led to as of now there is no concept of creamy layer in SC/ST.

The number of posts of Secretaries or equivalent in the Government of India is 102. Among them, the number of officers from the dalit category is nil and the number of S.T. officers is two.
As for the number of Additional Secretaries or equivalent, the total number is 113, of which the number of S.C. officers is five and S.T. is one.

The above facts shows that inadequate representation in the commanding posts of government of India, where largely key policy decisions has been taking. Without adequate representation at the pivotal positions, there is a large scale skepticism about proactive policy making, due policy monitoring and robust implementation mechanism for the marginalized sections.

There are some studies shows that, Indian nation has been unable to protect Dalit officers within the state and they are suffering with prejudice, social ostracism and inequality in socio-economic life. SC/ST officers are not judged fairly in annual confidential reports(ACR) relating to their performance and are denied promotions or crucial assignments. The above incidents remind us , how vicious cycle of caste perpetuation reinforcing even in rationale admin culture! I think here apt to quote K.Marx statement- if state starts exploitation then who is better exploiter than the state?

Last but not the least, equality with efficiency(Art.335) shouldn't be compromised for efficient and effective governance. For that, state has to consider innovative training mechanism, so that officers shouldn't trap into Peter Principle[employees tend to rise to their level of incompetence].

One of the retired IFS officer suggested that, instead of current system i.e. based on age, should we move to fixed tenure system, where all officers have the opportunity to reach the top. The present system of retirement gives with one hand but partially takes away with the other. I think this idea of fixed tenure needs to be contemplated.

We hope that irrespective of caste politics, bill would pass soon in the budget session, would pave the way for SC/ST officers at the key positions of government of India and bring more inclusiveness in the Indian bureaucracy.
                                                                                                                 suneel anchipaka
                                                                                                                 anchipaka.suneel@gmail.com