India – Government needs to make amendments to law public

Make amendments to law public, says Aruna Roy

Rahi Gaikwad

Aruna Roy

Terming the right to information a fundamental function in democracy, Aruna Roy, RTI pioneer and social activist, who recently quit the National Advisory Council, said here on Sunday that on the last day of her term, NAC had sent a suggestion to the Prime Minister for making public changes in laws.

“If any amendment is made to the new laws and regulations, it should be put in the public domain for scrutiny, before it goes for drafting. The draft law should be put up on the website,” Ms. Roy said. She was delivering the Pradhan Jwala Prasad memorial lecture on “The Challenge of Transparency and Accountability in Indian Democracy.”

Critical of middle class cynicism, Ms. Roy warned against such a “defeatist” attitude. She said the landmark right to information law was born from the distress of the poor. She stressed engaging with the government. In her first term at NAC, important legislation related to forest rights, domestic violence and employment guarantee were brought into force.

Ms. Roy said her departure from NAC had been “sensationalised” in the media.

“I was not against anybody. I only said that there were two thought processes in the country — one that believed that market growth would solve all problems and the other that advocated socialistic measures.”

The Indian government was highly averse to participatory decision-making, she said.

Raising concerns over the harassment faced by information-seekers, Ms. Roy said asking questions had become difficult.

“What is the price of asking a question in this country? IAS and IPS officers can’t ask questions. Students can’t ask questions and these days even journalists can’t. We have been suppressed for long … Those who are asking questions on sensitive issues, like the Kudankulam nuclear power plant, are called extremists and Maoists. They are harassed and killed,” she said.

About 30 lakh people in India were asking questions under the RTI, but it had cost the lives of 30 people, from all sections of society, including engineers, intellectuals, and farmers. They paid with their lives because “they had the audacity to ask questions.” Earlier in the day, Ms. Roy attended a meeting of the National Campaign for People’s Right to Information, where she met RTI activists in Bihar and learnt about the threat and intimidation they faced.

Ms. Roy questioned the Unique Identification project for being ambiguous on the issue of privacy.

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#India- There is a credibility crisis at all levels of government- Aruna Roy

Padmaparna Ghosh, TNN | Jun 2, 2013, 05.58 AM IST

This week activist Aruna Roy walked out of the Sonia Gandhi-led National Advisory Council (NAC), complaining about this government’s ideological bias and obsession with growth. She talks to Padmaparna Ghosh about the dilution of the social sector focus.This is the second time that you have resigned from the NAC. What brought you back in 2010?

My decisions to join or leave the NAC have been taken collectively by the organization I work with – the Mazdoor Kisan Shakti Sangathan (MKSS). I left in 2008 because at that time the NAC didn’t have a chairperson and was not playing the role it was supposed to. I returned in 2010 because there were many issues (such as the demand for a Right to Food bill) that needed a stronger policy framework and I felt it would be useful to channel the input that comes from many campaigns. The NAC has sent many important recommendations to the government. The recent NAC recommendations on the pre-legislative process if implemented immediately will provide all citizens an opportunity to participate in the making of laws. The need is to ensure that at least some of these recommendations are enacted and implemented.

How tough was it to find common ground between civil society and the government?

The agenda of the NAC is set by the government’s political commitments. Within that pre-deter mined agenda, the NAC has worked to incorporate civil society opinion to advise the government on how to take its agenda forward. NAC II has evolved detailed procedures such as the formation of working groups, which has allowed a broader consultative process. The NAC has maintained a focus on issues of significance to the poor and the social sector such as the MGNREGA and the Right to Food, and has taken up specific issues such as nomadic tribals and bonded labourers. One of the NAC’s important contributions has been to build the understanding that delivery systems and democratic governance are crucial to the effective implementation of any social sector initiative. Therefore, the RTI, and other transparency and accountability initiatives such as the social audit and recommendations for a pre-legislative process have been taken up.

How do you respond to those that call MGNREGA “demand-driven distress employment” and, therefore, ineligible for minimum wage?

The Minimum Wage Act came into effect in 1948 and has remained the bedrock for workers’ rights. Therefore the importance of payment of minimum wages to MGNREGA workers extends beyond the MGNREGA itself. If the Government refuses to pay minimum wages to workers on its own programme, it can never enforce the law for the millions of unorganised workers in the agricultural and industrial sectors. The Supreme Court has repeatedly ruled that no one can even opt to work for less than the minimum wage, no employer can use a lack of resources as an excuse and any labour that is paid less should be considered forced.

The argument that the government does not have to pay minimum wages to people in distress only proves the SC’s point. In fact this issue goes straight to the core of the battle around MGNREGA. People who have been profiting from exploitation through payment of distress wages are now reacting because the MGNREGA has given workers the capacity to fight for minimum wages even outside the programme. By violating the Minimum Wages Act, the government is threatening to destroy the most significant labour protection measure in India.

How do you intend to press for its implementation from outside NAC?

The NAC is an advisory body. That is why I feel it necessary to concentrate on advocating in the public domain for the acceptance and implementation of these recommendations. I do not believe that a democratic government can keep refusing to respect the constitutional entitlement of a minimum wage. Public pressure needs to be built up around this issue, as we close in on elections.

What do you believe you have accomplished during your tenure at the NAC?

The NAC gave me an opportunity to raise multiple issues of concern to people’s movements and campaigns. It played a very important role in the passage of landmark legislations such as the RTI and MGNREGA. It was because of the NAC that experience from people’s campaigns was processed into powerful and effective draft laws. Even though this was often whittled down by the bureaucracy it served as a standard. My association with the NAC helped strengthen causes of the poor and marginalized I have been associated with over the last few years.

UPA-2’s credibility has been damaged in the recent past. Would you vote them back in 2014?

The crisis in credibility today is at all levels of government. Effective implementation is as important as the legislations themselves. Our solutions do not lie in thoughts between one election and another but in addressing the lack of transparency and accountability in governance structures. My politics has always been to enhance the participation of people within the democratic frameworks so that their voices are heard not just once in five years but every day

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Aruna Roy leaves National Advisory Council

May 29, 2013

New Delhi: Noted social rights activist Aruna Roy has decided to leave the National Advisory Council (NAC). Her letter of resignation has been accepted by NAC chairperson Sonia Gandhi, who also heads the United Progressive Alliance (UPA).

The task of the NAC is to provide inputs in the formulation of policy by the government, and to provide support to the government in legislative business.

In her letter to Sonia Gandhi, Roy listed differences with the government, specially over the refusal to give minimum wages to beneficiaries under the Mahatma Gandhi Rural Employment Guarantee Scheme (MGNREGS).

The noted social activist said that despite its contribution to changing the lives of the rural poor, implementation of this crucial flagship programme remains a challenge.

“There is a huge group of MGNREGS beneficiaries who are critical, but supportive of the law. They are losing public and political space to a small, vocal, and powerful minority determined to undermine the basic objectives of the MGNREGS,” Roy said in her letter.

“This is in continuation of the conversation we had some time ago, when I had requested that I not be considered for another term in the NAC. I am grateful for your accepting my request, while assuring you continued support to campaigns for social sector causes being taken up outside the NAC,” Roy wrote.

She said that it was “extremely unfortunate” that the prime minister rejected the NAC recommendations on payment of minimum wages to MGNREGS workers and chose instead to appeal against the Karnataka High Court judgment ordering the payment of minimum wages to MGNREGS workers.

“Even more distressing is the government’s refusal to pay minimum wages even after the Supreme Court refused to stay the Karnataka High Court judgment. It is difficult to understand how a country like India can deny payment of minimum wages and still make claims of inclusive growth,” Roy said.

Listing the achievements of the NAC, Roy said: “It is a matter of great significance that the NAC has approved a pre-legislative consultative process and will send it to government for necessary action. In my opinion, the NAC is itself a kind of pre-legislative body that has benefited immensely from the public consultations it has held.”

The functioning of the Justice J.S. Verma Committee, and its celebrated report in the aftermath of the Dec 16 gang-rape in Delhi, were also an outcome of a pre-legislative consultative process, Roy noted, hoping that the process of public consultation would become more robust.

Favouring immediate passage of the food security bill, Roy said: “Given the hunger and malnutrition scenario in the country, a food security bill should have been debated and passed by parliament by now.”

In her letter accepting Roy’s resignation, Sonia Gandhi said: “I respect your decision to move on from the National Advisory Council. I hope that we will continue to have the benefit of your wisdom and thoughts as a friend and supporter of NAC.”

 

IANS

 

NAC members raise concerns over direct benefit transfer scheme #Aadhaar #UID

Concerns raised over the efficiency of banking networks and on-the-ground preparations for the schemeAnuja & Liz Mathew   Liz Mathew , livemint.com

First Published: Tue, Feb 26 2013. 09 52 PM IST

NAC members argue that public services should not be denied to those who do not have an Aadhaar number.

Photo: Ramesh Pathania/Mint

ALSO READ

Updated: Tue, Feb 26 2013. 09 59 PM IST

New Delhi: A section of the Sonia Gandhi -led National Advisory Council (NAC) is not happy with the government “rushing into” the direct benefit transfer (DBT) scheme, expected to be the flagship programme of the ruling Congress party in the national election scheduled for next year.

At a meeting of the NAC on Tuesday, where Unique Identification Authority of India (UIDAI) chairmanNandan Nilekani made a presentation on Aadhaar and DBT, some members flagged concerns on the efficiency of banking networks and on-the-ground preparations for the scheme. They argued that no public services should be denied to those who do not have an Aadhaar number.

According to five members in the 11-member committee, the members warned the scheme cannot be implemented in a hurried manner without proper mechanism and preparations.

“State governments, ministries and departments should not rush into direct cash transfers without assessing whether or not they are appropriate and whether the preconditions are in place,” said A.K. Shivakumar, NAC member, adding that a legal framework within which the identity numbers are being issued needs to be in place.

The United Progressive Alliance government, which has been in election mode for some time now, recently launched the DBT, which aims to directly transfer cash subsidies using Aadhaar to beneficiaries of several government welfare schemes. A pilot was rolled out in 20 districts for 26 schemes on 1 January. Finance minister P. Chidambaram and rural development minister Jairam Ramesh announced that programme from a party platform, which indicated the Congress’ intention to use it as an election plank. Party leaders also coined a slogan for the scheme, “Aapka paisa aapke haath” (your money in your hands), an indirect reference to Congress’ election symbol.

Nilekani told the members that 280 million Aadhaar numbers have been issued so far and by 2014, the authority expects to enrol 600 million people. DBT is expected to plug leakages, reduce wastage and bring down discrepancies in the beneficiary list. However, the members also raised questions about making Aadhaar compulsory. “The council appreciated UID as a concept but some issues were raised. The main concern was that while UID was voluntary, the interpretation made at the state level was that it was mandatory for access to certain social service schemes. While it is not intentional, it is playing out differently on the ground,” said Mirai Chatterjee, member of the council.

Another NAC member N.C. Saxena said that while in general there was a view that Aadhaar was a “good scheme”, there were transition problems and the ministries should not be in a hurry to make it compulsory.

Another member who did not want to be identified said that concerns over the banking network and linkages to it were also raised.

NAC member Aruna Roy was critical of the scheme, saying in the meeting that the idea of DBT was an “experiment on the poor” and a “failed experiment being pushed through”. “The new architecture of using the UID to access existing cash benefits through the bank has only added an extra layer of complicated and complex procedures and has burdened both the programme as well as the beneficiary with little apparent advantage,” a release from Roy’s office quoted her as saying.

In response to concerns that UIDAI had not been given legal sanction by Parliament, Nilekani’s presentation highlighted that the authority has been functioning under executive notification issued by the Planning Commission in 2009, which is valid under law, the same member said. The Bill pending before Parliament is just to strengthen the authority by giving it statutory status in order to impose obligations and penalties, Nilekani said in his presentation.

A senior government official aware of the development, who did not want to be identified, said most of the NAC members were supportive. However, concerns raised by some on operational issues related to cash transfer were legitimate. “They are being addressed,” the official said.

The Congress is pushing the DBT scheme as one of its key achievements. In the presidential address last week listing the government’s agenda for the coming year, Pranab Mukherjee said it will be a “trendsetter” and will “cut leakages, bring millions of people into the financial system and lead to better targeting of beneficiaries”.

Surabhi Agarwal contributed to this story.

   

First Published: Tue, Feb 26 2013. 09 52 PM IST

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NAC Recommends ONE HOLISTIC Disability Law & Full Legal Capacity # Goodnews

English: A collection of pictograms. Three of them used by the United States National Park Service. A package containing those three and all NPS symbols is available at the Open Icon Library (Photo credit: Wikipedia)

NAC for Tax Benefits to Employers of Disabled Persons

New Delhi, Jun 10 (PTI) The National Advisory Council, chaired by Sonia Gandhi, has recommended giving tax benefits to private employers of persons with disabilities, in a set of measures to enable their greater participation in the workforce.

Giving its suggestions on the draft Rights of Persons with Disabilities Bill (RPDB), the NAC has also suggested extending subsidies and financial incentives for starting small scale income generation activities by household of persons with disabilities (PWD).

“RPDB should also mandate support to families with PWDs themselves in engaging in or accessing gainful employment, including financial and tax benefits to private employers of PWDs,” the advisory panel said in a recent communication to the government.

It has pitched for stronger anti-discrimination provisions to lower barriers to their productive employment, thus enabling greater participation of PWD in the workforce.

Voicing concern over non-recognition of full legal capacity of PWDS, the NAC has recommended that the Law Ministry review all statutes in order to include an acknowledgement of full legal capacity for such persons.

Noting that there were multiple laws that provide and protect the rights of PWDs, the NAC has suggested merging them into one holistic law to avoid inconsistencies and duplication.

At present the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act; National Mental Health Act; Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act; and The Rehabilitation Council of India Act govern issues related to PWDs.

The NAC also recommended that families with disabled members should be given higher weightage during identification of poor households and surveys for BPL and food insecure households.

It also wanted the RPDB to guarantee preferential access to households with PWDs to all poverty alleviation and social security programmes, including social security allowance.

The panel also suggested setting up a single National Disablities Commission and State Disability Commission to replace diverse institutions concerned with the rights of PWDs.

“This would save costs, prevent the creation of a large bureaucracy, and above all provide a single window of contact at the central, state or district level for PWDs to access their rights and secure redressal of their grievances,” it said.

The NAC also found “grave” the provision of upto six months imprisonment and Rs 50,000 fine for persons violating the rights of PWDs.

“The penalties needs to be more specific and cannot be for blanket violation of all entitlements under the bills,” the advisory panel said.