A glass half empty for Adivasis

The Mines and Minerals Amendment Bill 2015 contains no provisions for consent(agreement,सहमति) from tribals for mining operations, but strengthens the rights of private sector mining companies
Even as countrywide protests against the land ordinance gain momentum, Adivasi communities living in mineral-rich areas are apprehensive of what awaits them as the Mines and Minerals (Development and Regulation) Amendment Bill 2015 (MMDRA) has received presidential assent and the government has drafted Rules for some clauses of the Act.

The principal Act of 1957 is as draconian(strict,कठोर) a law for Adivasis as was the Land Acquisition Act of 1894 for all farmers. But, shockingly, except for resistance by the Left parties and the Congress in the Rajya Sabha, this anti-tribal Bill got easy passage after regional parties such as the Trinamool Congress, the Bharatiya Janata Dal and even the Samajwadi Party came to a deal with the government. The main flaw in the Act is that it does not address the critical issue of the rights of those (mostly from Adivasi communities) who own or occupy the surface land beneath which minerals lie. The Act has no provision for consent or even consultation with gram sabhas which would be affected by mining operations. Adivasis are described in the law as “occupiers of the surface of the land.” As “occupiers”, they have the right to compensation, but as enunciated(clearly said,स्पष्ठ रूप से) in the Rules, if they do not agree to the mining plan or to the amount of compensation, the “State Government shall order the occupier to allow the licensee to enter upon the said land and carry out such operations as may be necessary.” (Part V under General Provisions.)

Rights of Adivasis

It is under this provision that lakhs of Adivasi families have been displaced, turned into migrants or, at best, into daily contract labourers in mines that have destroyed their forests, lands and water. Adivasi movements have been demanding amendments to ensure that before such leases are given, their informed consent is taken and they have a share in profits from mineral wealth. Governments have refused to heed(attention,ध्यान देना) this democratic demand. In India, the state has all rights over minerals, but over the years it has acted as a front to hand over mineral resources for private profit. There have been substantial amendments to the Act since 1957, but they have been to strengthen the rights of mining companies further, not to strengthen the rights of Adivasis. This despite the Supreme Court Samatha judgment of 1997, which upheld Adivasi rights to informed consent and to a share in mineral wealth. The judgement ruled that under the Fifth Schedule (administration and control of scheduled areas and scheduled tribes in these areas) and laws in different States, since Adivasi lands can neither be transferred nor leased to non-Adivasis, mining activities in tribal-dominated areas should involve the tribals themselves. Since 1997, other laws such as the Panchayat Extension to Scheduled Areas Act (1996), the Forest Rights Act (2006), and the Wildlife  (Protection) Amendment Act (2006) have helped establish the rights of Adivasis and gram sabhas. The more recent Vedanta judgment by the Supreme Court struck down the agreement reached between the company and the State government because it did not have the consent of Scheduled Tribes whose “traditional rights” were affected.

There is no dispute that a country’s mineral wealth should be mined and used for development. However the predominant understanding of ‘development’ by ruling governments at the Centre have privileged profit, in this case of mining companies, over the more sustainable and equitable use of minerals in partnership with local communities. This would also require a sane assessment of the amount of minerals required during a specific period of time with consideration being given to intergenerational equity instead of reckless loot in the name of development.

In 2010, in partial recognition of the Adivasi demand for a stake in mineral wealth, the United Progressive Alliance government had moved an amendment to the 1957 Land Acquisition Act. The Act stated, “any person or persons holding occupation or usufruct or traditional rights over the surface of the land will be allotted free shares equal to 26 per cent through company’s quota, or an annuity equal to 26 per cent of the profit (after tax paid)…”. It mandated “annual compensation as may be mutually agreed.” It also made other provisions towards the welfare of Adivasi communities.

However, the UPA government soon succumbed(agree without intrest,झुक जाना) to opposition from mining companies and replaced the amendment with a much more diluted(cut,छोटा) version in the 2011 MMDRA Bill.

Amending a diluted Bill

Even these diluted provisions have been scrapped by the Narendra Modi government. The government has brought 22 substantial amendments, each one to strengthen the rights of private sector mining companies in the name of attracting investment. For instance, in the 2011 Bill, it was incumbent(current,पदस्थ) on State governments to obtain all necessary permissions from the owners and occupiers of land for major minerals, and consult with gram sabhas in Fifth and Sixth Schedule areas for minor minerals. The Bill also mandated that all environment and forest clearances under the Forest (Conservation) Act, Wildlife (Protection) Act or any other law in force be taken before a lease was given. It made tribal cooperatives eligible for the grant of leases for minor minerals in Fifth and Sixth Schedule areas. The 2015 Bill neither mentions tribal cooperatives nor contains provisions for consent, consultation or clearances. This is an attempt to bypass gram sabhas and environmental norms in the name of “speedy clearances” and “ease of doing business”.

Further, the 2011 Bill proposed the setting up of a District Mineral Foundation (DMF). The 2015 Amendment also includes this, but the scope of it and the funds required for it have been drastically reduced. Instead of a contribution of funds equivalent to the full amount of annual royalty paid to the State government, companies will now have to give only one third. Coal companies were mandated to give 26 per cent of profit to the DMF, but the Modi government has scrapped this provision altogether.

The 2011 Amendment Bill was already inadequate(not enough,अपर्याप्त), but what the Modi government has pushed through is nothing but a betrayal of Adivasi India. Leader of the Trinamool Congress in the Rajya Sabha, Derek O’Brien, who acted as the proxy spokesperson for the Modi government in support of the Bill, said, “See the glass as half full, not half empty… let’s not be negative. The government had accepted a suggestion to make local communities, including tribals, partners in the development of the mines neighbourhoods.” Mr. O’Brien should know that it is not a question of “making” tribals partners in development of “neighbourhoods”, but in recognising them legally as rights holders with stakes to a share in mineral wealth. Prior informed consent from Adivasis is mandatory before mining leases are given. The glass is full for the corporate lobbies and empty for the Adivasis.

The Modi government has made a mockery of democracy by not consulting those who are going to be most affected by the amendments. Adivasis will make known their opinion when mining companies come into their areas without their consent, soon enough.

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The shot that saves

A recent large-scale outbreak(eruption,प्रकोप) of measles(खसरा) in the U.S. has triggered(activate,सक्रिय) a world-wide furore(zeal,उत्तेजना) over vaccinations. So what’s all the fuss about?
Ten-year-old Nithya* has never been vaccinated. The theory her parents — U.S.-returned working professionals — operate on is that if one eats healthy and keeps fit one does not need vaccinations. “After all our grandparents were never vaccinated and they lived long healthy lives,” they say. Another set of parents brings up the now-discredited link between the Measles-Mumps-Rubella (MMR) vaccine and autism as a reason for not vaccinating their children.

Following the large-scale outbreak of measles in the U.S. — triggered in Disneyland by the contact of unvaccinated children with a traveller infected with measles — between December 28, 2014 and March 13, 2015, California is trying to bring in a law that will require parents to vaccinate their children as a condition to enrol them in private or public schools. In one district of Washington State, 143 children were removed from school for not being vaccinated. In Australia, the government has removed all religious exemptions for vaccinations. With the U.S. now trying to tighten immunisation laws and the resultant uproar from the anti-vaccine lobby, this is a good time to look at what the furore is all about.

India accounts for more than one-third of all measles deaths among children in the world. According to the WHO, more than 300 outbreaks of measles, with 10,059 cases, were reported from 28 states of India in 2014. Measles being highly infectious, at least 95 per cent of all children need to receive two doses of the vaccine. Since around 15 per cent of vaccinated children fail to develop immunity from the first dose, an outbreak may be triggered if only 80 per cent are fully immunised. Boosted by a 63 per cent decline in the measles incidence rate — from 69.9 per million to 25 per million population — in 11 countries of the WHO’s southeast Asia Region, including India, coupled with a 48 per cent decline in measles deaths  between 2000 and 2011, the countries have committed to measles elimination from the region by 2020. In the case of the measles vaccine, at least 95 per cent of all children need to receive two doses. Elimination does not imply that there is no virus within the defined geographical region (this is eradication) but that there is no sustained transmission of endemic virus defined as an outbreak of more than 100 cases.

The goal of measles elimination, though tough, now seems attainable, given the success of the polio eradication campaign. India was one of the four polio-endemic ‘PAIN’ countries (Pakistan, Afghanistan, India, Nigeria) until January 13, 2011, when Rukhsar Khatoon from West Bengal was reported as the last child to be paralysed by polio in India. The cessation of transmission in India boosted the efforts towards global polio eradication. None of the three strains of wild poliovirus can survive for long periods outside the human body. Type 2 wild polio virus was eradicated in 1999. In April 2013, 458 experts from 80 countries, including 29 from India, signed a Scientific Declaration on Polio Eradication stating that unprecedented progress, scientific advances and new tools gave confidence that eradication is achievable. Countries in three WHO Regions (Americas, 1994; Western Pacific, 2000; Europe, 2002) have already been certified polio-free. After three years of maintaining the polio-free status, the Southeast Asia Region of World Health Organisation, comprising of 11 countries, was certified polio-free in March 2014, further raising the hopes for a world without polio.

Elimination of wild polio virus in India was achieved with high coverage of oral polio vaccine (OPV) coupled with an extensive awareness campaign to motivate people to have their children vaccinated. The gargantuan efforts amounted to 640,000 vaccination booths, 2.3 million vaccinators, 200 million doses of vaccine, 6.3 million ice packs, 191 million homes visited and 172 million children below five years of age immunised during the series of national immunisation days (Pulse Polio Day) across the country. However, India’s currently excellent OPV coverage is no guarantee against the importation of the highly contagious(infections,संक्रामक) wild polio virus from the remaining endemic countries and a resurgence of poliomyelitis. In fact, Pakistan, Afghanistan and Nigeria — the three endemic countries — face a range of challenges such as insecurity, weak health systems and poor sanitation. Polio can spread from these countries to infect children in other countries with inadequate vaccination. In late 2013, WHO reported the re-emergence of wild polio virus in Eastern Mediterranean countries with outbreaks in Syria and environmental circulation in Israel, Egypt and Palestine. This was attributed to low immunisation coverage in war-ravaged parts of Syria, collapsing health system and large population displacement creating pockets of highly susceptible unvaccinated children. Since 2012 Angola, Chad, the Democratic Republic of Congo and Sudan have reported polio outbreaks while another eight countries in Africa, along with Nepal, Kazakhstan, Tajikistan, Turkmenistan and Russia have had recent infections. Hence, high levels of polio vaccination coverage need to be continued to maintain adequately high immune levels among the population to prevent re-emergence or spread of imported wild polio virus.

Vaccines are a safe and effective way to protect children against specific diseases. Increases in vaccine coverage have, therefore, been seen as a paramount strategy for reducing infant and child death rates around the world. In fact, with the Bill & Melinda Gates Foundation pledging $10 billion over the next decade to help discover and develop vaccines and making them accessible to the world’s poorest countries, the period from 2010-2019 has been termed the “Decade of Vaccines”. In addition to the health benefits, expanding vaccine access may also facilitate major economic benefits to communities and governments. Scaling up the delivery of five life-saving vaccines and introducing a malaria vaccine could avert(avoid,दूर रहना) an estimated 6.4 million deaths among children below five years between 2011 and 2020 in 72 of the world’s poorest countries, according to the Lives Saved Tool developed by the Johns Hopkins Bloomberg School of Public Health, the WHO, and the Futures Institute. Nearly 1.5 million (23 per cent) of these would be from India, including averting 73 per cent of deaths due to measles (2,62,208), 48 per cent of pertussis (2,11,732), 25 per cent of meningitis (93,849), 24 per cent of pneumonia (6,37,925) and 15 per cent of diarrhoeal deaths (2,34,665). As a means to achieve the fourth Millennium Development Goal target of reducing by two-thirds the under-five child mortality rate between 1990 and 2015, the expansion of vaccination coverage is likely to be highly cost effective. Studies have even linked increases in vaccination coverage to improvements in human capital.

Routine childhood vaccines have been shown to have an impact above and beyond the expected prevention from the specific disease. Introduction of the measles vaccine led to greater reduction in overall child mortality than would be expected from reductions in measles mortality alone in certain communities of Bangladesh and Africa. Globally the annual number of child deaths fell from 12 million in 1990 to 7.6 million in 2010. Correspondingly, the measles vaccination coverage rate rose from 73 per cent to 84 per cent, according to WHO-UNICEF estimates. There is also evidence about the protective effect of the BCG vaccine against neonatal morality and increased mortality related to DPT vaccination in some settings. However, there are concerns about whether such findings — from both observational studies and randomised control trials — can be generalised to populations of different countries with varying levels of economic development, disease prevalence, and health care systems. Recently, McGovern and Canning from Harvard School of Public Health used data from 149 Demographic and Health Surveys in developing countries to estimate the association between all-cause mortality among children and the measles, BCG, DPT and Polio vaccination coverage. Increase in combined vaccination coverage was associated with 27 per cent reduction in mortality. Separately, the highest reduction in childhood mortality (17 per cent) was associated with measles vaccination.

Despite clear benefits and safety of vaccination, there are reports of parents choosing not to vaccinate their children, most often citing(mention,उल्लेख) the fear of the unknown, or worse, the anti-vaccination propaganda by certain sections of the media and even misinformed clinicians.  The most publicised of this anti-vaccine propaganda was The Lancet’s publication of reports in 1998 suggesting a relationship between the MMR vaccine and autistic spectrum disorders (ASD). This resulted in extensive and continuing attention from the public, the media, and health officials in the U.S. and the U.K. In 2001, an independent Immunisation Safety Review Committee of the Institute of Medicine, the U.S., rejected this view on the basis of evidence from published and unpublished studies. Though the committee concluded that the MMR vaccine could be administered safely, the damage had been done. Later a series of papers published in British Medical Journal in 2011 exposed how the lead author of the original study had fabricated the link between MMR vaccine and autism for financial gain. After 12 years of mounting evidence of criminal and ethical fraud, The Lancet retracted the article entirely.

Another challenge can be seen in the polio eradication: that of circulating Vaccine Derived Polio Viruses (cVDPVs) and Vaccine Associated Paralytic Polio (VAPP). The weakened virus in oral vaccine multiplies for some time in the intestine of vaccinated children but excreted VDPVs can spread in the immediate community, especially in areas with inadequate(not enough,अपर्याप्त) sanitation. In areas with very poor vaccination coverage the excreted VDPVs can continue to circulate for long periods, which if exceeds 12 months, provides a rare opportunity for the virus to mutate(change,परिवर्तित) and cause VAPP. Transmission of mutated VDPVs to unvaccinated children can lead to polio outbreaks. The problem is not with the vaccine itself, but low vaccination coverage.

Globally, nearly three billion children have been administered more than 10 billion doses of OPV in the last 15 years. During this period, only 20 cVDPV outbreaks reportedly occurred in 20 countries, resulting in 758 VDPV cases worldwide. In India, 42 cVDPV cases have been detected since 2009 — 21 in 2009, five in 2010, seven in 2011, one in 2012, five in 2013 and three in 2014. The key to protection against both vaccine-derived and wild polioviruses is full immunisation.

The WHO recommends that all countries using OPV must monitor VAPP. Globally, India has the highest incidence of VAPP — one case for 143,000 birth cohorts(group,दल) in comparison with one per 750,000 in the U.S. As per the WHO’s strategy for ‘Polio Eradication and Endgame Strategic Plan’ towards a polio-free world by 2018, at least one dose of IPV is to be introduced into routine immunisation programmes globally, after which trivalent oral polio vaccines should be replaced with bivalent OPV (remove vaccine virus type 2 that is responsible for 95 per cent of cVDPV cases in the last three years) until global eradication of polio virus is achieved. There is a concern that when OPV is withdrawn, there will be a period when vaccine viruses shed by the OPV-vaccinated children may be transmitted to immunity-naive infants and children, creating a potential for large scale emergence of VDPV associated outbreaks if conditions become suitable. The elimination of VDPVs using IPV has been called phase two of polio eradication. For countries such as India, that use OPV to eradicate wild polio virus, the need for a second phase is essential for the eradication of vaccine polioviruses. The academia and researchers in India are still divided over the timing of incorporation of IPV in the routine immunisation schedule.

A number of concerns have been raised about the safety of, and need for, certain immunisations. There is an evolving surveillance system for adverse events following immunisation in India for the vaccines delivered through government sector. Participation of private doctors — negligible at present — will provide vital information on the safety of new and underutilised vaccines that are not part of the government programme. IAP provides a platform to all paediatricians to report all vaccination-associated adverse events to the IAP immunisation website (www.iapcoi.com). In collaboration with Vodafone, the IAP has launched ImmunizeIndia to send notifications through text messages on mobile phones to remind parents about their children’s immunization schedule (www.immunizeindia.org). In December 2014, the Government of India launched Mission Indradhanush to vaccinate more than 89 lakh unvaccinated children in the country to achieve 90 per cent full immunisation coverage (65 per cent at present), against seven life-threatening diseases (diphtheria, whooping cough, tetanus, polio, tuberculosis, measles and hepatitis B) in the next five years.

The recent controversies and allegations related to immunisation safety show an erosion of public trust in those responsible for vaccine research, development, licensure, schedules, and policy-making. The triad of scientific evidence, economic principles, and public health ethics should form the foundation for all policy making. Right from research and development followed by marketing of childhood vaccines and the ultimate decision of the parents to use them is a matter of balancing the choices between the government’s and industry’s interests, the clinicians’ and public health professionals’ perspective and individual and population benefit. The eventual choice should not infringe upon an individual’s right to enjoy the highest attainable standard of health as a basic human right.   

Quick Facts

Currently the Government of India provides free childhood vaccination for seven diseases — tuberculosis, diphtheria, pertussis/whooping cough, tetanus, poliomyelitis, measles and Hepatitis B —under its Universal Immunization Programme (UIP).

A conjugate Pentavac vaccine (Diphtheria, Tetanus, Pertussis, Hepatitis B & Haemophilus Type b) was included as a pilot project in selected states in 2011.

Four new vaccines for polio (injectable), rotavirus, rubella, and Japanese encephalitis (179 districts) will soon be included according to the recommendation of National Technical Advisory Group of India.

Other vaccines recommended by the Indian Academy of Paediatrics (IAP) are typhoid, Hepatitis A, and chicken pox for routine use and influenza, meningitis, Japanese Encephalitis, Cholera, Rabies, Yellow Fever and Pneumococcal vaccines under special circumstances for children at high risk.

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Forced into marriage by social pressures

A gay man and a straight woman in a marriage are both victims of a society that reinforces(make strong,मजबूत करना) heterosexual marriage as the norm.
Recently, a doctor in Delhi committed suicide when she found out that her husband was gay. Her suicide note indicates that she also faced mental harassment from her husband. In late 2014, a dentist in Bangalore, on finding out that her husband was having sexual relationships with other men, filed a case under Section 377 of the Indian Penal Code. Both these incidents highlight the issues surrounding homosexual men in marriages with straight women.

I am a lawyer who assists women in matrimonial and domestic violence cases in different forums. I have also been associated with campaigns for the rights of Lesbian, Gay, Bisexual and Transgender (LGBT) persons. Due to my work in these spheres, these incidents evoke(bring up,उत्पन्न करना) mixed responses. On the one hand, I strongly feel for the woman, who is in a marriage devoid of sexual intimacy(closeness,घनिष्ठता) coupled with cruelty. On the other hand, however, I also empathise with the man who had to hide an aspect of his sexuality because most people not only look down on it, but also actively condemn(strong disapproval,निंदा करना) it. It is tempting to look at the situation as a conflict(battle,विवाद) between the rights of a woman inside a marriage and the rights of a gay man. However, such an evaluation could lead to a conclusion that grants greater victimhood to one party over another, which is simplistic and ignores the nuances(difference,भेद) and complexities of such a situation.

Women take the blame

In these cases, both man and woman were victims of a culture where people are expected to be married, bear children, acquire property, and contribute to the growth of the family lineage.

For the woman, being married to a homosexual man puts her under great emotional distress, more so in a culture where women are habitually blamed and are also conditioned to take on the blame. If there is no sexual intimacy , they blame themselves; if there are no children, they again blame themselves. All this results in very low self-esteem and acts as a trigger for emotional and mental health issues.

It is worsened if there is physical and mental cruelty inflicted by the husband or his family. While there are laws that protect women from such situations, it often takes a long time for women to recognise, acknowledge, and come to terms with the violence and cruelty before they can seek legal remedy. In most cases, by the time they seek legal recourse, much of the damage is already done in the form of mental and physical cruelty. Men, homosexual or otherwise, are also under great pressure to get married. It is rarely seen as connected to one’s sexuality or sexual orientation, but only as an institution that has social importance with little personal significance. For instance, when a homosexual man comes out, his parents are likely to insist that he get married and work out “arrangements” outside the marriage.

Men also face the threat of being disowned and disinherited by their families if they do not comply with their wishes. Another fear articulated(express,उल्लेख) by some gay men is that the law is against them, with the Supreme Court of India reaffirming the constitutionality of Section 377, which criminalises certain sexual acts.

However, the judgement of the apex court also states that the section only criminalises certain sexual acts and not particular people, identities or orientations. Thus, no one can be charged under Section 377 for being gay.

Tremendous progress was made after the 2009 judgement of the Delhi High Court that had held Section 377 in its current form as bad law. After this judgement, numerous(many,बहुत से) support spaces, organisations, magazines and events for queer persons were established and continue to exist and function despite the Supreme Court’s 2013 judgement. All that was done after 2009 has not been undone; and homosexual persons, their families, and spouses should be encouraged to access these spaces.

Better law still needed

Having said that, the fear of persecution using Section 377 continues, and all efforts must be taken to amend the law suitably to exclude consenting adults. Thus, it may be argued that a gay man and a heterosexual woman in a marriage are both victims of a society that privileges heterosexuality and reinforces heterosexual marriage as the norm. However, it must be noted that a cisgendered, gay man has certain privileges that neither heterosexual nor lesbian women are likely to have. Despite being in a marriage, he is more likely to be economically independent and have enough physical independence as well to continue to have relationships outside of the marriage. On the other hand, a woman’s autonomy is severely compromised by marriage, and if she is in a bad marriage, it leaves her doubly disadvantaged. The odds are stacked further against lesbian women coerced(force,मज़बूर करना) into marriage with straight men.

In order to combat(fight,लड़ना) the problems that arise out of such relationships, it is necessary to first address and question marriage as it is perceived today. The contours of relationships within marriages or otherwise are set a priori outside of the lives, interests and habits of the individuals concerned. The ideals of how a marriage ought to be are prescribed by sociocultural norms dictated by heteronormativity and patriarchy, thus leaving no scope for individuals to set their own terms for the relationship. This situation is aggravated by the institution of arranged marriages, which provides little or no space for conversations between the man and woman. Gender roles are predetermined and the reasons for the marriage dictated beforehand. These set rules undoubtedly favour the man, thus putting him in a place of power and privilege within the marriage relationship, and adversely affecting the woman.

The issue of forced marriages of homosexual persons are akin(similar,समान) to forced marriages of any kind. Thus, it becomes vital to relook at marriages per se and emphasise the ideals of transparency, communication and honesty from the start.

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Removing ambiguities in graft law

Union Finance Minister Arun Jaitley struck the right note recently while speaking at the 16th D.P. Kohli memorial lecture organised by the Central Bureau of Investigation (CBI) on April 27 in New Delhi. D.P. Kohli was the founder director of the CBI who held office from April 1, 1963 to May 31, 1968. The CBI traces its origin to the Special Police Establishment (SPE) which was set up in 1941 by the Government of India. It became the Delhi Special Police Establishement and acquired its popular current name, the Central Bureau of Investigation through a Home Ministry resolution dated April 4, 1963. Kohli is rightly remembered as being a determined crusader(warrior,योद्धा) against corruption.

One may not agree with all that Mr. Jaitley said at the lecture especially with regard to how an investigator somehow wants to make out a case against an accused, although the evidence marshalled by him did not justify it. He had said: “He [the investigator] follows the golden rule that if he gives a report that the accused is prima facie not guilty, then questions are going to be raised about him. Therefore, his golden rule is he must somehow make the case and it is the accused’s good luck that he gets a fair trial,” adding that this process has hindered(block,रोकना) the whole process of economic decision making. Mr. Jaitley further added that under such circumstances, decision-making becomes a game of passing the parcel. “Departments of purchase, defence and disinvestment have all suffered,” he said.

Hurdle in administration

However, his views on the need to revisit several provisions of the Prevention of Corruption Act (PC Act), 1988, cannot be ignored. His description of the fear psychosis that grips the bureaucracy is no exaggeration(overstatement,अतिशयोक्ति). It is real, I have heard about this and had this conveyed to me strongly by many friends in the civil service.

I agree that apprehension by civil servants of the consequences(result,परिणाम) of taking a decision in a matter of public importance — especially one that involves huge expense to the public exchequer — has been a roadblock to proactive and positive administration. I highlight this especially at a time when the entire nation wants governments, both Central and State, to work fast and effectively. Ironically, fear is the hallmark of those more honest among civil servants than the ones who are venal(corrupt,बिकाऊ) and bereft(unloved,नाखुश) of values. In this context, it should be remembered that there are instances where an honest civil servant makes a rank bad decision, not because of a lack of intelligence or inarticulation, but because of timidity(fear,डर) and an inability to turn down unscrupulous(without principle,अनैतिक), off-the-record directions from a political master. In cases like these, the official concerned has to be punished within government and not in courts, that too for lack of courage rather than of integrity. Unfortunately the law, as it exists, does not make a distinction between the reasonably honest yet pusillanimous(fearful,डरपोक) government official and the dishonest one. It places both on a par. This is the crux(important point,मूल बिंदु) of the matter with regard to a lack of integrity in the civil services.

The reforms era

I was struck by the distinction Mr. Jaitley drew between the pre- and post-1991 situation in government and its impact on anti-corruption investigations. In the second time frame, the civil servant at the higher levels had to take momentous decisions to fast track liberalisation and quicken the processes of a failing economy. Conventional and routine thinking had to be shed and bold courses of actions adopted to meet the dire needs of the country. Mr. Jaitley was on target when he said that the PC Act was totally unsuited for such a situation facing a nation that was trying to march ahead on the economic front. He said, “… the Act pre-dated 1991, when the economic reform process began. It was perceived in a regulatory framework when we were still more regulated. That Act has today to evolve. And the basis of the evolution is that when economic activity is being enlarged in the country, in any economic activity and decision-making there would always be new areas to charter out and quick decisions to be taken.”

Presumption of guilt

Unfortunately, necessary changes to the law were not put in place and this failure to reform anti-corruption law had its impact on the pace of public administration and staff morale. Even now, the proposed amendments to the Act are excruciatingly(in a painful manner,दर्दनाक रूप से) slow in coming, although approved by the United Progressive Alliance (UPA) government more than a year ago. The information now is that the Union Cabinet has cleared the suggested changes and has improved upon the measures agreed upon by the UPA.

Section 13(1)(d)(iii) of the Act is generally looked upon as being the villain of the piece. Under this provision of law, the investigating agency has to prove that a civil servant whose conduct was in question took a decision which “obtains for any person any valuable thing or pecuniary(monetary,आर्थिक) advantage without any public interest” in order to proceed against him under the Act. There is a suggestion here of a presumption of guilt that can be drawn against the official in question. This, prima facie, is a negation of the English jurisprudence which we inherited and adopted. The overall perception generated by the stern(strict,कठोर) wording of this subsection was that it was not necessary at all for the investigator to prove mens rea or dishonest intention to proceed against the civil servant being probed, and that an adverse presumption could be drawn straightaway against him. Section 20 of the Act, which deals with presumptions that can be drawn against an accused by the court, however refers only to clauses (a) and (b) of subsection (1) of Section 13 and not to clause (d)(iii) that punishes even an inadvertent act causing loss to government. Even so, as a rule of thumb, investigating agencies, both in the Centre and in the States, have, in the initial stages of an investigation and before obtaining legal opinion, tended to interpret the law in a very narrow perspective. In turn, this has had an adverse impact on civil servant morale. In these circumstances, relief to a civil servant can come only from the court before whom he/she is arraigned. For this, the civil servant should be lucky to get a knowledgeable judge and an objective public prosecutor — both of whom are now a vanishing(disappear,गायब) tribe.

An amendment to the PC Act, which would delete this particular subsection (1)(d)(iii) of Section 13, has been on the anvil for quite some time. I am certain that there is political consensus that this harsh provision will have to go sooner than later. This move will greatly reduce misgivings in the civil service.

Rise of corruption

Naturally, Mr. Jaitley’s speech did not cover dishonest acts by government servants in routine decisions, such as assessment of income, granting exemptions from tax, purchase of material and award of contracts. The rise of corruption at the level of senior members of the bureaucracy, especially in revenue collection agencies, has been alarming. Many officers are guilty of blatant(noisy,खुल्लम खुल्ला) dishonesty, taking advantage of the enormous(many,बहुत से) discretionary authority vested(unconditional,निस्वार्थ) in them. The disease of corruption afflicts even those directly recruited through the All India competitive examination, and generally considered to be the cream of the civil services, and who have no justification to be even slightly dishonest. In a number of recent cases, a few who have not even completed five years of service, have been caught red handed for accepting bribes. It is not my case that the direct recruits into the other Services are angels. They have possibly less opportunity to indulge(enjoy,मज़े लूटना) in wanton corruption.

Overall, this sad state of affairs calls for ruthless penal action in a court of law. The Supreme Court observed recently that the protection of the law, both under the Code of Criminal Procedure and the PC Act, in the form of a requirement of government sanction for criminal prosecution, will not apply to corrupt public servants. This is most welcome because the procedure for according government sanction for prosecuting a corrupt public servant is tortuous and time-consuming. In the past, this had helped to delay or even halt proceedings against influential senior officers in cahoots with dishonest Ministers. This ruling by the Supreme Court has to be taken seriously and used liberally in the future while handling requests from the CBI for such sanction.

In my view, an officer recruited to an All India Services and the Central Services — after a rigorous process of screening by the Union Public Service Commission (UPSC), who is then paid handsomely and who gets promotions on time in spite of uniformly mediocre performance — can commit mistakes. But he or she should never be dishonest. If we do not act decisively to stem the rot, we will only fall in the eyes of the world which wants to do business with us but will not because of the problems of dealing with a corrupt civil service.

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Building a young nation of character

It is not enough to only foster(motivate,प्रोत्साहन देना) cognitive intelligence among the youth. A well-structured national policy for development of multiple intelligences is vital for making India a global power.
The world has come around to the view that democracy is essential for full human development. And only education and skill development can make this possible. The view of the late Singapore Prime Minister Lee Kuan Yew on the one hand, and Communists on the other, that economic development must be first achieved before democracy is possible, has been decisively rejected. But democracy cannot be sustained unless the electorate is well informed, chooses its leadership wisely, and this leadership is intellectually empowered by a multi-dimensional intelligence.

The world view of economic development has completely changed: it is no longer believed to be driven by human labour, as Karl Marx said, or by capital, as Alfred Marshall stated, but is knowledge-driven. For application of knowledge, innovations are required, and for more original research, we need many more young minds at the frontier. Knowledge is gender neutral, and hence the 21st century offers a great opportunity to level the gender inequity of the last thousand years in India.

Educational empowerment
The youth require a a mental faculty endowed with multi-dimensional intelligence. It is not adequate(enough,पर्याप्त्) to foster cognitive intelligence alone — as is being done in India’s educational campuses today — but to also develop the other dimensions of intelligence: emotional, social, moral, spiritual, environmental, and innovational. India’s vast youth population is its demographic potential dividend, but only if equipped and enabled with this seven dimensional intelligence.

For decades since Independence, it was said that India’s demography was its main liability; that the country’s population was growing too fast, and what it needed most was to control its population, even if by coercive methods.

I had challenged this view in 1972, arguing that population growth was not India’s problem, and that the youth, if empowered by education, would be an asset, and not a liability, to the country’s development. (Noted demographer Ashish Bose of the University of Delhi had published in 1972 my research on this as a chapter in his book India’s Population.) Scientific innovations by educated youth can overcome the limitations of land, natural resources and production.

But the negative view of population prevailed till the ‘nasbandi’ (vasectomy) fiasco of the Emergency in 1975-77 forced Indian politicians to become less vocal about the need for coercive family planning. Today, India has the world’s largest youth population between the ages of 15 to 35 — and this lead will last for another 40 years.

I have written this before in these pages, but this needs reiteration: India should not, therefore, squander this “natural resource”. It should, instead, through proper policies for the young, realise and harvest this demographic potential. China is the second largest world leader today in young population. But this will start shrinking in proportion of its total population from this year because of lagged negative effect of China’s one child policy.

The total populations of Japan and Europe are already fast ageing, and have started declining in absolute numbers. The U.S. will, however, hold a steady trend thanks to a liberal policy of immigration. But even then it will have a demographic shortage in skilled personnel. All developed countries will experience a demographic deficit. But India will not.

Thus, India has now been gifted, through unintended consequences(result,परिणाम), with a young population. If the youth are taught to develop their cognitive intelligence to become original thinkers; imbibe(observe,सोखना) emotional intelligence to develop team spirit and a rational risk-taking attitude; inculcate moral intelligence to blend their personal ambitions with national goals; cultivate social intelligence to defend civic rights of the weak, defend gender equality, and develop the courage to fight injustice; and develop spiritual intelligence, then India can develop a superior species of human beings — youth who can be relied on to contribute to making the country a global power within the next two decades.

Parameters of education policy
The nation must, therefore, structure a national education policy for the youth so that the seven dimensions of intelligence can be manifested in every young man and woman. Only then will the demographic dividend not be wasted. These seven dimensions constitute the ability of a person to live a productive life and for the national good. Hence, a policy for India’s youth has to be structured within the implied parameters of these dimensions.

The first parameter of such a policy is ability empowerment — the development of the seven types of intelligence. The second is a collective mindset about the legacy and future of the nation, which means knowing the correct de-falsified history of India. The third is the commitment to a social contract of rights and obligations such as a fundamental right to quality primary and secondary education, right to work, an obligation to compete for most positions of employment on merit, practice gender equality and place national interests above selfish interests.

A national education policy is, therefore, a framework for the comprehensive growth of the nation’s young population, to enable them them to be positioned in life for personal advancement as well as contribute to national greatness. India, however, lacks today a properly structured policy for development of its youth. As a result, many young people are led astray by drugs and crime.

What are the objectives that the youth should work towards? These cannot be purely materialistic because we know from our past history that though India was the world’s most economically developed country, it was subject to brutal assault and loot by a handful of foreigners, and, for a 1000 years, we could not rule from Delhi. Materialistic progress alone does not guarantee national security. What is essential is the character and integrity of the country’s citizens.

In brief, a national policy for integrating spiritual values and organisation leadership can be achieved through measures by which we can create a modern mindset among the youth. This will not only motivate them to acquire technical cognitive competence, but also develop their emotional, moral, social, spiritual, environmental and innovational intelligence. This will make them patriotic, self-reliant individuals of high character, possessing a social conscience. Governance, business ethics and organisational leadership has to be founded on that pool of talent.

Such an army of evolved youth will be the asset of the nation. Hence, a well-structured national policy for development of multiple intelligences is vital for making India global power two decades hence. This, then, would be a basis for our national renewal and renaissance.

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