20 June 2016

What To 'Expect' From The New West Bengal Government


 BY ANURADHA TALWAR

A couple of days after the election, I was asked me to write about what I “expect” from this second term TMC government. Expectations can be both positive and negative. So, what should one write? After puzzling over this for a couple of hours, I have decided to write both — about what we hope for and what we dread from past experience. So here it goes ….

This new Government should, first of all, concentrate on creation of honest ways of earning a living. So far, the only notable job created by them in their last term was through the recruitment of 1.3 lakh young men and women as civic police. As the High Court has rightly observed, the entire process of recruitment smacked of adhocism, nepotism and corruption. MLAs and police officials are rumoured to have made packets from bribes paid by these desperate young men and women. The employment they received was ill paid, irregular and risky, and even worse, morally corrupting. These young people were made to do all the dirty work by regular police – bully innocent people into paying a bribe, demand protection money from illicit liquor dens, stand at cross roads with the traffic police to collect a couple of rupees from each lorry etcetera.

The other job available for young people was to enter the “money market” – to glibly convince people with small savings and big greed to double or triple their money in dubious schemes of chit funds. Many of these young people are now being hounded by those who have lost all their money. Some have been forced into hiding, some have committed suicide, others live in dread of the depositors — not a very good way to build the character of our youth, you will agree.

Then, of course, there was the option of joining a syndicate and extorting money from people — tolabazi — by flexing your political muscle. In Birpara, in North Benga,l they even have a special name for this illegal act, making it almost respectable – they call it GT or Goonda Tax!

If you were too decent or frightened to do all this, there was the last option of working as a migrant worker in Kerala or Tamil Nadu, leaving home and hearth, and using one’s energies to develop another part of our country instead of one’s own neighbourhood.

The TMC, in its last term, excelled in providing doles to people. The closer the election came, the larger became these freebies. The workers of Jessop have been protesting for 5-6 years, wanting re-opening of their factory and steps to stop Ruia, the owner, from stripping their factory. Just a couple of days before the Model Code of Conduct came into force, the State Government declared that it would give Rs 10,000 per month to every worker. No mention has been made of the future of the factory or of protecting its property from stealing and stripping by the owner. Bigger sops — such as shoes and cycles for all school going children (never mind if some of them already had shoes or cycles!) — were also given. Compensation for crop loss due to rain and Cyclone Aila (which took place in 2010) was also distributed just before the elections. The State Government began providing rice and wheat at Rs 2 a kg under the National Food Security Act in February 2016. The implementation of an Act that was passed in 2013 was delayed till just before the election for no compelling reason.

That this strategy was a vote getter is clear from the election results. However, let us now see the new Government spend some money on schemes which are long term and which can have a telling impact on people’s lives and development.

What we need most of all is decent employment. We do not need the Tatas and their like to invest in large-scale industry, with a repeat of Singur, with coercive displacement and minimum job creation. We need investment in agriculture-based industry, in small and medium-scale industry, in tea, in jute, in engineering, where smaller investments create more jobs and where the produce of our own state is well utilised.

We invest lakhs of our tax money in educating young people in Government schools and universities. And then we leave them to a callous job market, with frustration as their future. On the other hand, we need paramedics, vets, paralegal workers, teachers, agricultural expertise etcetera for village people. When 100 days of work has been guaranteed for those willing to do manual labour, let the State Government now guarantee work such as teaching, medical work, veterinary work, agriculture etcetera at minimum wages for our young, educated youth. Let them provide much needed services in rural areas. Why should policing, cheating and extortion be the only means for these bright young people to earn a living?

Another thing that the TMC has excelled in is in turning democracy on its head. The Panchayat Act has provisions for a Gram Sansad meeting with all voters at the booth level that legally gives them the powers twice a year to plan for their village’s development and to check on the Panchayat’s accounts. During the Left Front’s rule, many of these meetings became a farce with false signatures and adjourned meetings. During the TMC’s regime, they have not only remained a farce, they have become a rarity. This upside-down democracy has been accompanied by violence and the use of false cases to intimidate any opposition — a potent mix that was invented by the Left Front and has been perfected by the TMC.

The TMC should atone for its past sins by passing amendments to the Panchayat Act, making these Gram Sansad meetings mandatory monthly affairs without which funds for development will not be passed onto the elected Panchayat. It should also amend the law to make the right to recall a reality — let the voters have the right to call back their representative if he or she does not function properly. Let the voters be true participants in the development of their villages, instead of just pawns whose votes are manipulated once in five years through freebies and fear.

Last but not least, there remain half-finished works from the previous term — a committee for minimum wages for tea workers was formed in 2015. It still has to declare the legal, minimum wage for tea workers. Domestic workers are now a part of the employment for which the State Government must declare a legal minimum wage, but no such wage has been declared. The National Food Security Act (NFSA) remains half done – people in Purulia and temporary or bigha workers living in tea gardens have still not got ration cards. The management of tea gardens is quietly passing off Government-given rations under the NFSA as rations given by the management, and is reducing the “food grains component” of the meagre wages they pay to workers.

Theft of wages under NREGA is reaching gigantic proportions — job card holders are told by the powers–that-be (the political goons in their village) that Rs 5,000 has been deposited in their bank account, without their doing any work at all. The job card holder is asked to withdraw the total amount, keep Rs 500 for himself and give the rest to his political God. The job card holder is happy, as are the political touts in his village. The height of decentralisation of corruption, don’t you think? It is the new Government’s job to stop such corruption.

So, what we want the Government to do has been listed above. But what do we actually expect? Unless some miracle happens, we expect a continuation of extortion by ruling party members at the grass roots, with the ‘let’s get rich quick’ being the main mantra. We expect a continuation of rule through a mix of doles, violence, false cases and fear. We expect apathy and fear amongst common people, with their role in society and politics being limited to voting once in five years and keeping their mouths shut.

Though I am not a great believer in prayer, perhaps we should all pray for a miracle of good governance in the second term of this Government. Only a miracle can change things.

A Bengali version of the article was published at Ei Samay.

'W.Bengal Needs To Move From Adhocism To Food Security Act'


BY ANURADHA TALWAR

Political analysts have almost unanimously said that freebies were a major factor for the Trinamool Congress’s huge win in the 2016 Assembly elections in West Bengal. Cheap rice for almost everyone, cycles and shoes for school-going children, money for crop damage – all of these added to their votes.

Clearly enthused by this, the state’s Food and Civil Supplies Minister, Jyotipriya Mullick, has announced that a Ramzan package of chick peas, flour and sugar will be available at a subsidised rate through the public distribution system till June 24. Just in case he was accused of minority appeasement, Mullick followed it up with one more announcement: that there would be a similar package for Durga Puja later this year.

The Ramzan and Durga Puja packages are not the first of their kind. Special food packages have been announced time and again – for festivals or after disasters. The problem with these packages is that they are for short periods of time. Before ration card holders become aware of them, the schemes end. As a result, very few ration card holders actually pick up these special rations. Instead, the rations find their way into the black market with ration shop dealers acting in collusion with some Food Department officials.

Before the National Food Security Act was implemented, rice and wheat rations for Above Poverty Line families were provided in an equally ad hoc and irregular manner, and most of these food grains used to find their way to the black market as the consumer had no idea about the quantity or when rations would be given.

When ration dealers benefit

The ration dealer always reaps extra profits when quantities are broken up into many different categories and prices are not in round numbers. When this happens, consumers get confused and are easily cheated.

While the system has been simplified considerably after the implementation of the National Food Security Act, West Bengal still has five categories of ration cards and ration packages are priced oddly. For instance, in Jangal Mahal, wheat flour packets weighing 750 gm are priced at Rs 2.62 in ration shops. At a time, when it is difficult to find 50 paise or even Re 1 coins, how will customers or ration shop dealers return 38 paise as change?

What succeeds best is a rationing system with just one or two categories of cards and easily remembered and rounded-off prices and quantities.

In his Ramzan package statement, Mullick also said that “the government would continue with Rs 2 per kg rice for all during this period [emphasis added].”

Is this his way of saying that the Rs 2 rice scheme can be withdrawn later?

Under the National Food Security Act, the Centre gives the state government rice at Rs 3 per kg for 6.01 crore people. The state provides a further subsidy of Re 1 per kg and sells the rice for Rs 2 per kg. In addition to this, the state government has two cheap rice schemes under the Rajya Khadya Suraksha Yojana – RKSY 1 and RKSY 2 – which cover an additional 1.7 crore people.
While the entitlements of beneficiaries under the National Food Security Act are legally guaranteed, the extra Re 1 subsidy and the state’s RKSY schemes are part of Bengal’s pre-election largesse. There is no legal assurance to back these up. In fact, there are already reports of pre-election related rations being discontinued (for instance in Ward No 21 of Barasat city in North 24 Parganas.)

After the Trinamool Congress first seized power in the state in 2011, the Food and Supplies Department website of the West Bengal government for many days carried the slogan: Food For All. This was their principal promise to the people.

Streamline rations

If this is indeed what the Mamata Banerjee government wants, it should move away from the adhocism of Ramzan and Durga Puja packages and Rajya Khadya Suraksha Yojanas. The government should instead pass a State Food Security Act that guarantees rice at Rs 2 per kg for all citizens.

Also, if the government is seriously concerned about malnutrition and its impact on people’s health, it should provide subsidised cooking oil and pulses in addition to cheap food grains to improve diets with proteins and fats. This has already been ordered by the Supreme Court for drought-hit areas in the Swaraj Abhiyan case.

The state government should also start taking measures to help farmers produce food. It should ensure that distress sale amongst farmers stops by arranging for doorstep procurement of food grains, pulses and oil seeds at remunerative prices. Without such measures, food production is becoming a loss-making enterprise. Distress migration from our villages to other states and frustration amongst unemployed are becoming major problems.
 
The chief minister and her food and civil supplies minister should remember that the elections are over as is the time for short-term, populist, vote-catching packages. Instead, the government should back up its cheap rice schemes with a Food Security Act, which will ensure food grains, pulses and cooking oil at subsidised prices for all. It should also invest in agriculture and give legal procurement at remunerative prices to farmers to ensure food production.

This article was originally printed at Scroll.in

11 April 2016

Government starves NREGA of funds for second year in a row


The last financial year came to an end with 24 states facing a total of Rs 12,483 crore worth of pending payments in the National Rural Employment Guarantee Act (NREGA). The pending payments amount to over a quarter of the total expenditure incurred on the programme in these states in 2015-16. This situation has arisen due to insufficient transfer of funds from the central government to these states. The shortage of funds in these states – which include all the nine states reeling under drought - has led to millions of workers facing tremendous economic hardships due to long delays in wage payments. As per official calculations – which are a gross underestimation – 58 per cent of the total wages were not paid on time in 2015-16. Even when the workers do get paid, they will not get the compensation which is to be paid in cases of delays in wages.   

The insufficiency of funds also makes a mockery of the central government’s decision to increase the guarantee of work to 150 days a household in 2015-16 in the drought-affected states. Again as per official records, only 7 per cent of the total rural households registered in NREGA in the drought affected states got work for more than 100 days.

Apart from starving the programme of funds, the government is also not fulfilling its promises and making false claims. The Finance Ministry released only Rs 2,000 crore of the additional Rs 5,000 crore it agreed to spend on NREGA if the expenditure on the programme exceeded the allocated budget of Rs 34,699 crore in 2015-16. While announcing an allocation of Rs 38,500 crore for MGNREGA for 2016-17, the Finance Minister claimed that “if it is spent, will be the highest ever expenditure on MGNREA”. But twice in the past the expenditure on the programme has exceeded the allocation for 2016-17; Rs 39,377 crore in 2010-11 and Rs 38,552 crore in 2013-14.   

2015-16 was the second year in a row in which the NDA government capped expenditure on NREGA. By the end of 2014-15 also, nine states were left with pending wages worth Rs 1,203 crore which were made only after these states received funds for 2015-16. The same will happen this year as well; a whopping 30 per cent of the allocation for 2016-17 will be spent just in clearing pending payments from last year. With no commitment of providing additional resources if the expenditure on the programme exceeds Rs 38,500 crore in 2016-7, the under-funding of NREGA is likely to continue this year as well. These facts expose the hollowness of the central government’s claim of delivering a “pro-poor” budget for 2016-17.  

The NREGA is also being undermined by the stagnation of its wages, which are revised by the central government every year. State-wide increase in NREGA wages for 2016-17 range between 0 to 11 per cent, compared with last year’s wages (it is interesting to note that the wage increase of all the eight North Eastern states is less than 4 per cent). In many states, the NREGA wage is even lower than the minimum agricultural wage, thus failing to provide adequate economic security to rural households. For example, the NREGA wage rate of Jharkhand is Rs 45 less than its minimum agricultural wage. The central government has provided no justification for the nominal and differential rates of increase across the country. As payment of wages are now linked with the quantum of work done by them, many workers are paid even less than the paltry NREGA wages; either due to their inability to do the stipulated amount of work or due to errors in the measurement of work done by them.   

The NDA government is killing a programme whose decade-long achievements were recently hailed as a cause for “national pride and celebration” by the Union Minister of Rural Development. By failing to ensure timely work and payment and other entitlements to rural workers (such as unemployment allowance in case of non-availability of work, compensation for delayed wages, worksite facilities and timely redress of grievances), the central government is legally violating the employment guarantee act. It is contributing to the suffering of rural workers and forcing them to either migrate in distress or engage in exploitative employment.
The Right to Food Campaign demands the following:
  • Immediate payment of all pending NREGA payments.
  • Compensation for delayed payments to be paid automatically along with wages.
  • As stated in the Ministry of Rural Development’s Master Circular on NREGA, the 1st tranche of funds (half of the total person days agreed to in the labour budget) should be released in the month of April.
  • A separate allocation to be made for the additional 50 days of employment per household approved for drought-affected states.
  • Increase in the NREGA wage rate to a minimum of Rs 250, indexing the wage rate to inflation and transparency in wage revisions
  • Time-bound punishment to all persons violating any entitlement of the employment guarantee act through institutionalization of social audits and other grievance redress mechanisms.
We are,
Kavita Srivastava and Dipa Sinha,
Convenors, Steering Committee of Right to Food Campaign
National Networks: Annie Raja, (National Federation for Indian Women), Colin Gonsalves , (Human Right Law Network), Aruna Roy, Nikhil Dey and Anjali Bhardwaj, (National Campaign for People's Right to Information), Madhuresh, Arundhati Dhuru and Ulka Mahajan (National Alliance of People’s Movements), Asha Mishra and Kashinath Chatterjee (Bharat Gyan Vigyan Samiti), Ashok Bharti (National Conference of Dalit Organizations), Anuradha Talwar, Gautam Modi and Madhuri Krishnaswamy (New Trade Union Initiative), Binayak Sen (People’s Union for Civil Liberties), Subhash Bhatnagar (National Campaign Committee for Unorganized Sector workers), Paul Divakar and Asha Kowtal (National Campaign for Dalit Human Rights), Mira Shiva, Radha Holla and Vandana Prasad (Jan Swasthya Abhiyan), Ranjeet Kumar Verma, Prahlad Ray, Praveen Kumar, Anand Malakar (Rashtriya Viklang Manch), Lali Dhakar, Sarawasti Singh, Shilpa Dey and Radha Raghwal (National Forum for Single Women’s Rights), G V Ramanjaneyulu, Kavita Kuruganthi (Alliance for Sustainable and Holistic Agriculture), Jashodhara (National Alliance for Maternal Health and Human Rights), Ilango (National Fishworkers Federation), Zasia, Sonam, and Noor Jehan (Bhartiya Muslim Mahila Andolan)

State Representatives: M Kodandram, Rama Melkape, Veena Shatrughana (Andhra Pradesh), Gangabhai and Samir Garg (Chhattisgarh), Abhay Kumar (Karnataka), Suresh Sawant, Mukta Srivastava (Maharashtra), Balram and James Herenj, Gurjeet Singh, Dheeraj (Jharkhand), Ashok Khandelwal, Shyam and Vijay Lakshmi (Rajasthan), Sachin Jain (Madhya Pradesh), Joseph Patelia, Sejal Dand, Neeta Hardikar and (Gujarat), Saito Basumaatary, Raju Narzari, Bondita Acharya and Sunil Kaul (Assam), Rupesh, (Bihar), V Suresh (Tamil Nadu), Bidyut Mohanty Raj Kishore Mishra, (Orissa), Ranjeet Kumar Varma, Bindu Singh, Sabina and Richa (Uttar Pradesh), Amrita Johri, Abdul Shakeel, Vimla, Koninika Ray and Rajender Kumar  (Delhi), Fr Jothi SJ and Mr. Saradindu (West Bengal)

Individual Representatives: Harsh Mander, Manas Ranjan, Vidya Bhushan Rawat, Ankita Aggarwal, Swati Narayan, Ritu Priya and Aditya Shrivastava

14 March 2016

Tea Workers: Court Orders Alternative Dispute Resolution

A division bench of the Kolkata High Court headed by the Chief Justice today ordered Paschim Banga Khet Majoor Samity (PBKMS) to seek the intervention of the State Legal Services Authority through Lok Adalats to mitigate the problems of tea workers.

PBKMS had filed a writ petition (WP-4225W/2016) before the High Court highlighting the problems of tea garden worker , arising from the present crisis in the industry as well as long term issues. Shri Bikash Bhattacharya, senior advocate , intervened on behalf of PBKMS.

The petition focused on the non-compliance by employers, State and Central Governments of the provisions of the Tea Act, Plantation Labour Act , Employees Provident Fund Act and Minimum Wages Act. It asked the court to ensure that conditions are created to ensure each tea worker gets a food intake of at least 2400 calories per day. It also asked for immediate relief for tea garden population in the form of Antodaya Anna Yojana, MGNREGA work and wages, health facilities, drinking water and electricity. Respondents were State and Central Governments, the Tea Board and employers such as Duncans India Limited.

The Chief Justice has given a time of two weeks for the petitioner to seek and receive help from the Lok Adalat process. If such relief is not received, the case will be heard once again by the division bench at the end of the month.

PBKMS is hopeful that the Lok Adalats will give some immediate relief to the tea garden population, but it is of the view that some of the problems, such as ignoring of the minimum wage issue by employers and the State Gsssovernment will require further serious intervention by the Court.
  

Uttam Gaine 
General Secretary