This piece was carried in Counterpunch in its weekend edition 19-21 October 2012. 

Web link: http://www.counterpunch.org/2012/10/19/children-of-the-migration-in-india/

Education and the Quest for Survival

Indian Children of the Migration

by PRADEEP BAISAKH

Khageswar Benya and Panchami Benya from Muribahal block of Balangir district of Odisha, an Indian state, are the children of regularly migrating parents. For last five years they have been accompanying their parents almost regularly who have migrated to work in brick kilns in Waltier and Hyderabad in Andhra Pradesh like places. Last season (2011-12) they came to Quthbullapur mandal of Rangareddy district in Andhra Pradesh to work in brick kilns. Both Khageswar and Panchami studied in a school in Odia medium and successfully completed class 6 and class 5 respectively in Andhra Pradesh itself. Now they are back in their villages in Odisha and have been promoted to the higher classes. Father Dasmu Benya and mother are marginal farmers who do not have adequate sources of livelihood to manage their family. “We have two marriageable daughters to marry for whom we have to earn working in the kilns in other states.” said the couple.

Forced migration

The western part of Odisha is characterised by distressed labour migration to other states and to coastal best of Odisha in search of employment. Districts like Balangir, Nuapada and Kalahandi are part of the infamous KBK region (Undivided Kalahandi, Balangir and Koraput districts) of the state which is known for high incidence of poverty and occasional reports of child sale and deaths due to malnourishment and starvation. As per 55th NSSO survey conducted in 1999-2000, the poverty in undivided KBK region was exorbitantly high at 87.14%. The area has a high Scheduled Tribe and Scheduled Caste population. In Balangir district 20.6% people are STs and 17% are SCs; Kalahanddi has 28.7% of STs and 17.6% SCs, and Nuapada has 34.7% of STs and 13.5% of SCs. (Census 2001)

The faltering agriculture resulting from continuous droughts, uneven land distribution, loss of forest, caste discrimination, lackadaisical performance of the government schemes like Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), non-inclusion of many deserving beneficiaries under the PDS (Public Distribution System) system so forth have been the ‘push’ factors forcing people to go out of state in search of employment. People go with families or individually to work in brick kilns, agricultural fields, construction sites, pull rickshaws, work in tea gardens etc. The dominant trend in Balangir and Nuapada districts is family migration, where they go to work in brick kilns in states like Andhra Pradesh, Tamil Nadu, Karnataka etc, so also to Bhubaneswar and Cuttack in Odisha.

Quantifying the migrant children

In absence of proper tracking mechanism of the migrant workers and children, it’s quite difficult to get their exact number. The government data provided by labour offices (Source: State Assembly questions, 2011) suggest that there are 190 labour contractors in four districts-Balangir, Kalahandi, Nuapada and Bargarh. Under the Interstate Migrant Workmen’s Act 1979, the labour contractors have sought permission to take the following numbers of migrant labourers to other states. In Balangir it is 33,035, in Nuapada it is 4786, in Kalahandi it is 4256 and in Bargarh it is 596. The real labourers which migrate are too high; many of whom are taken illegally.

The UNDP research paper titled ‘Migration and Human Development 2009’ quoting sources from Action Aid suggest that about 2 lakh people migrate from Western Odisha to Andhra Pradesh alone (ActionAid 2005). And an unpublished survey done by the district administration of Nuapada throughout the district in 2008 suggests that 30000 people migrate from the district (Source: Abani Panigrahi, Lok Drishti, a NGO based in Nuapada district). If 11% are considered to be the percentage of children in the age group of 6-14 out of the total, the number comes about 23,000 in Balangir and Nuapada alone. The real number of the children of this age group in Blangir, Nuapada, Kalahandi and Bargarh districts could well be in the range of 25,000 to 30,000 or more.

A study done in 2011-12 by International Labour Organisation (ILO) with the help of Aide Et Action India (AEAI), a civil society organisation in 100 villages spread across three districts namely Balangir, Kalahandi and Nuapada suggest that about as many as 56 percent of the total migrant workers go to Andhra Pradesh, 12% go to different areas inside the state, 8% to Chhatisgarh and 5% to Chennai. As many as 79 percent people go to work in brick kiln sectors.

It may sound bizarre, but the fact is that many of the children accompany their parents as children labourers in brick kilns. In a typical system of labour unit, called Pathuria, a child constitutes its integral part in brick kilns. Advance payment is given to the Pathuria by middlemen on behalf of their out of state employers. Money is also given for the labour of the child!

Initiative to protect education of migrant children

After Right to Education law came into effect in 2010 the challenge for providing education to these migrant children has come to fore. This piece will focus mainly on the initiatives taken to educate Odia migrant children in Andhra Pradesh and Tamil Nadu. In 2002 providing education to the Odia children in Andhra Pradesh in Odia medium by the Odia teachers was experimented by some Civil Society organisations (CSOs). Eventually worksite schools were also started in Tamil Nadu for the Odia children.

These exercises were successful and have been expanded to a massive scale by the Andhra Government in 2011-12.

The season of migration stretches from October/November of a year to June/July of the next year. “In this season (2011-12) 727 worksite schools were operated where 21,070 inter-state migrant children from various states like Odisha, Chhatisgarh, Maharatsra, Tamil Nadu etc received education in their mother tongue” say Madhusudan V, Officer on special duty (OSD), Dept of School Education (SSA), Andhra Pradesh.

In 2011 a detailed survey was undertaken in AP by the government in association with about NGOs. The government entered into a MoU with Aide Et Action India (AEAI), which has expertise on running schools for migrant children, to steer the process. The survey captured more than 59, 000 migrant children-both intra-state and inter-state migrant children. A total of 34,997 intra-state migrant children and 21,070 inter-state migrant children have been provided education in 2011-12.

22 out of 23 districts have been covered under the initiative. In each district a group of NGOs have been identified to run the schools. Two types of schools have been worked out. Seasonal hostels model to accommodate the children of intra-state migrant at the source and worksite schools for the children who migrated both from within the state and from out of state.

Education to Odia students

In 2010-11, 377 Odia migrant children were provided education and in 2011-12 the number is 6453 in AP. In Tamil Nadu, 430 Odia children were taught in 2010-11 and in 2011-12 the number remained the same i.e. 430.

Providing education to the inter-state migrants in their own language was a big challenge. Inter state coordination at the government level and the NGO level was established between Andhra Pradesh and Odisha and Tamil Nadu and Odisha.

AEAI, which has also units functioning in Odisha, identified eligible Odia youth to teach in AP and Tamil Nadu. Books were sent by the NGO from Odisha. The government agencies at different levels were approached to supply books.

In AP, wherever possible, the local telugu school was directed by the administration to spare space for the Odia children where they can be taught. The Dundigal primary school in Quthbullapur mandal of Rangareddy district where Khageswar and Panchami studied is a case in point. In other cases make-shift arrangements were made right near the worksite itself so that children can read. The children in the regular schools were provided with mid-day meals. However the same was missing in schools which were run in the premises of the worksite. The arrangement is similar in Tamil Nadu also.

After the classes were over, annual examinations were held for the Odia students in the worksite schools which recognised by the host governments. The primary education departments of both the AP and Tamil Nadu governments issue certificates. The department of School and Mass education of Odisha has issued an notification to acknowledge the certificates issues by AP and Tamil Nadu and admit the children to the higher classes in their parent schools. The migrant Odia teachers come back to the state in July/August to help the children in, what they call it as, ‘mainstreaming’ into their parent schools.

Challenge of quality remains

While the initiative is noteworthy as it prevents the children from missing the school for seven months during migration period and eventually dropping out, institutionalisation of the process and quality of education remain as challenges. Madhusudan V says ‘What remains challenge is the quality education. The problem with migrant children is that many of them are drop outs or out of school for many days. And in some cases they are not admitted into any school system despite being eligible. In such cases ensuring quality becomes quite difficult.” Sridhar Meher of AEAI says “What we are doing is mainly engaging the students. A lot more needs to be done.” Suresh Gutta of AEAI adds “These are initial years of our experimentation. Gradually we are inching toward providing more meaningful education.”

The institutionalisation of the inter-state coordination also remains as challenge. The selection of teachers, training teachers, sending books, mainstreaming are all now done on an ad hoc arrangement. This year hardly the migrant children got any book from Odisha government. They had to manage with the photocopies of the books. Madhusudan V blames the Odisha government for lack of coordination. “We have gone more than half way in educating the migrant Odia children. The response of Odisha government is not encouraging.”

Krishna Gopal Mohapatra, the Special Project Director (SPD) to Sarva Siksha Aviyan (SSA), Odisha admits the gaps. “Inter-departmental coordination in our state is quite necessary to make this happen. It can be done at the governmental level. The labour department has to provide the figures of the migrant families and children.”

Child labour continues

Despite the attempt to educate the migrant children, the issue of children working in the brick kilns remain as a big concern. “The elderly children continue to work in the kilns along with studying in the schools. So they are unable to read anything after going back” said a migrant teacher in condition of anonymity. Any child above the age of six works in the kilns. The labour department officials of AP remained tight lipped on the issue.

A tripartite MoU among the labour departments of AP, Odisha and GoI has been signed. It aims to protect the rights and entitlements of migrant labourers coming from Odisha to AP and to develop an action plan for the migrant children. The action plan is likely to ensure the provision of education and prevent them from working in hazardous industries. This is an International labour Organisation (ILO) initiative. AP took a long time to sign the MoU. Sources suggest it was due to the pressure from these unorganised sectors that government was hesitant to sign.

In order to protect the migrant children from being employed in the hazardous industries in brick kilns and construction sectors and to protect their rights to quality primary education, the central government and National Commission for Protection of Child Rights (NCPCR) should play a major role.

Pradeep Baisakh is a media fellow of National Foundation of India (NFI) for the year 2012. He has written extensively on right to work, transparency law, environment and forest issues, India polity and Constitution and women issues. This article is written as part of the fellowship work. He can be reached though e mail:2006pradeep@gmail.com

We will give political alternative to people: Arvind Kejriwal

The interview came in Orissa Diary on 20th September 2012

http://orissadiary.com/entertainment/interview/showinterviewnews.asp?id=141

We will give political alternative to people: Arvind Kejriwal

THURSDAY, SEPTEMBER 20, 2012

                                                             Arvind Kejriwal

The anti-corruption movement led by Kisan Baburao Hazare popularly known as Anna Hazare in April 2011 under banner of India against Corruption (IAC) in India shoke the whole nation and the establishment. The movement demanded the passage of an anti-graft law, Jan Lokpal (Jan Lokpal is an Ombudsman like institution to address corruption in public life). It brought about a new vigour among common people who came in large numbers to support the movement and it spread through out the country. The astounding success of the movement in its initial days is compared to the movement of Jayprakash Narayan against the autocratic rule of the then Prime Minister Ms Indira Gandhi (Popularly known as JP movement) in 1970s and V P Singh's tirade against the then Prime Minister Rajiv Gandhi who was allegedly involved in Bofors gun scam in late 80s. Arvind Kejriwal, the trusted follower of Anna, is said to be the chief architect of the movement. A Gandhian by action and a meticulous strategist has many successes in his career of social activism. A bureaucrat (He was an Indian Revenue Service officer) turned activist got Raman Magasaysay award for emergent leadership in 2006 for his work on right to information in Delhi. Now Anna movement has turned political. The group has declared to form political party and contest election. Kejriwal speaks exclusively to Pradeep Baisakh on the road ahead in politics.

Q: What has been your response to the recent Coalgate scam exposed by the Comptroller General of India (CAG). It is alleged that Prime Minister Manmohan Singh was holding the coal portfolio while the allocation of coal blocks was made without auction?

Arvind Kejriwal: On 26^th August we made a gherao (surrounded) of the residence of Prime Minister, Sonia Gandhi (UPA chairperson) and of Nitin Gadkari (BJP President). Along with these, the residences of the Chief Ministers of Madhya Pradesh, Chhatisgarh, Odisha were also surrounded. Police lathi-charged (Beating with sticks) and teargassed unprovoked in many places and arrested our supporters in Delhi and other states.

Q: Anna Hazare and team have has declared to go for an Alternative Politics. Why the change in goal post? Was the decision taken by wider consultation of your supporters or it's an on-the-spot decision to cover up the inconsequential fast undertaken by you in Jantar Mantar on 25^thJuly?

Arvind Kejriwal: We sat on the Ansan (fasting) in Jantar Mantar from 25^th July with the determination to 'do or die'. Owing to the non-response of the government, many people came to us with the suggestion of forming a political party and give alternative political platform to the people. On the eighth day of fast we decided to give three days to people to give their opinion on the need of an alternative politics. Almost everyone present in Jantar Mantar that time supported the idea. Zee TV received pool of 70,000 people and 96 percent supported it. On 9^thday Anna Hazare ji discussed with some of his old colleagues and declared that he is ready to give people a political alternative. We have trust in him. He knows the nerve of people.

Q: Why do you think you failed to evoke good public response to your recent fast in comparison to the earlier ones?

Arvind Kejriwal: Even though people had the faith in Anna's leadership, people did not have the hope that the protest or the fasting will yield any result now. It was clear that pressuring from outside the Parliament will not yield Jan Lokpal as none of the parties including ruling Congress, and principal opposition Bharatiya Janata Party (BJP) want a strong ant-graft law. All of them are neck dip in corruption. The movement has to go inside Parliament.

Q: Do you think that this new step will yield result?

Arvind Kejriwal: This will give hope to the people and this seems to be the next logical step.

Q: Do you have a clear vision on what would be the nature of this alternative politics?  What are you going to do to make it a reality?

Arvind Kejriwal: The current politics dominated by 'high command' culture. All members of Parliament (MPs) have to obey the decision of their high commands. Thus only 18 such high commands rule this country. People's voice has no scope to be heard. Our vision of alternative politics is complete decentralisation. People will select candidates and people will decide on laws and policies. Our idea of 'Gram Swaraj' (Village self rule) is a decentralised politics where people are the source of authority, not the high commands. 

We will form District Andolan Committees very soon consisting the leaders of India Against Corruption (IAC) there and student leaders, farmer leaders, tribal leaders, dalit (scheduled caste) leaders, minority leaders, women leaders, doctors, lawyers, unemployed youths and others who have good image. This committee will then identify volunteers in every village of the state.

On 2^nd October 2012 we will launch the political party and will give candidates in all Parliamentary constituencies in 2014 general election.

Q: You have any example which can be compared to your vision of alternative politics?

Arvind Kejriwal: As I said, it is basically a decentralised politics. Nothing can be carbon copy. But one has to learn from several other countries. There have been several examples. Switzerlandhas provisions of right to recall. United States has taken great measures; many European countries have it. It existed in ancient India. Mahatma Gandhi stressed on bottom up politics. He wanted a party less democracy.

Q: Who are your support base and will you not require money to fight elections?

Arvind Kejriwal: People at large are our support base. The candidates who will contest the elections will be chosen by people in that constituency. These candidates will not go to Parliament or Assembly for power but to serve people. The candidates will not have any red light cars, will not have any MP or MLA (Member of Legislative Assemblies) quota, and will be staying in a one room flat, not in multi-crore (one crore is 10 million) bungalows. Honesty and simple living will be their hallmark.

If people themselves campaign for the candidate chosen by them, we will need any money to fight elections. If people do not campaign for us, then we need not be in politics.

Q: You think you will be able to cope up with the power politics prevailing today which need muscle and money?

Arvind Kejriwal: We have to change that. Ours will be an Andolan, not a typical political party like we have many today. It is all about people's politics, not power politics.

Q: What will be the fate of the Jan Lokpal now?

Arvind Kejriwal: Jan Lokpal will come. This is basically a journey to Jan Lokpal only. Because none of these parties are willing to give us Jan Lokpal, this movement should go to the Parliament and pass Jan Lokpal bill.

Q: Your friend Retired Justice N Santosh Hegde says that India is not ready for an anti-graft party. How do you respond to it?

Arvind Kejriwal: I really do not know what he has said exactly. But he has signed the letter saying that we should provide a political alternative to people. I have a copy of the letter.

Q: On Anna's fight against corruption, P Sainath, Rural Affairs Editor of 'The Hindu' and Magsaysay award winner said, in a discourse delivered in Bhubaneswar, Odisha (An Indian state) on 29^th April 2012, that it's trying to check the flow of water with all the taps open. He meant that you are not addressing the sources or root causes of corruption. What you have to say?

Arvind Kejriwal: What are the sources of corruption?

Q: I think he was basically meaning that you have not taken a stand on the neo-liberal economy. He may have other reasons to say so.

(Note: P Sainath has spoken on various basis of corruption in many of his discourses. They are: structural inequalities like caste, class and regional inequalities, economic policies taken in last twenty years and the culture of arbitrariness. Link: http://www.youtube.com/watch?v=-qfAyDVogxc&feature=player_detailpage)

Arvind Kejriwal: There are many reasons for corruption. What he says is also right which needs to be tackled. Our entire movement was for Jan Lokpal bill for creating deterrence against corruption. We never took a position that Jan Lokpal law will remove all types of corruption. Many steps need to be taken to end corruption. Neo-liberal policies are not the only reason for corruption.

Q: But the fact is that the quantum of corruption has been multiplied after the neo-liberal economy is in place. Bofors scam was of about $10.8 million (INR 60 crore) (one dollar is equivalent to 55.4 rupees as on 26^th August 2012) and now we have 2G spectrum scam which is of $36 billion (INR 2 lakh crore) and Coalgate scam is of $33.6 billion (INR 1.86 lakh crore), to cite some examples?

Arvind Kejriwal: I completely agree.

Q: Why have you not taken a stand on the neo-liberal economy? Is it due to that fact that by doing so, you fear you may lose the middle class support, which is your base, as middle class (along with upper class) has benefited from these policies?

Arvind Kejriwal: I never said that we cannot take a stand against the neo-liberal policies. Our campaign was on Jan Lokpal bill. We are not supposed to take stand on everything. We are not politicians.

Q: And now that you are entering into politics, will you take a public stand on the same?

Arvind Kejriwal: We are creating platform for discussion on several issues and we will take all these issues to public. And we would like public discussion take place on all these issues.

Q: There are waves of policies which legitimise the transfer of natural resources like land, water, forest to the private companies and multi-multinationals in name of public interest. Many say that hardly any public interest is served by this. What you have to say on this?

Arvind Kejriwal: That's wrong. That has to stop.

Q: You have been off and on with Baba Ramdev. You had distanced from him at times and you sided with him at times. Is it a compulsion for you to be with him for garnering the large follower base that he seems to be having?

Arvind Kejriwal: This movement is not about garnering followers. There is no partnership for getting followers. It is only about the cause. He has been fighting the battle to bring black money back to India. It is a legitimate cause, we support his cause. We do not support any individuals, we are supporting the causes.

Q: But he has not come clean on the charges on his multi-billion empire.

Arvind Kejriwal: Let the government do whatever investigations they have to do.  

Q: You have demanded for right to recall and right to reject. What's your stand on other important reform proposals on electoral reforms like state funding of elections?

Arvind Kejriwal: Anna movement had four demands. Jan Lokpal, right to recall, right to reject andGram Swaraj (Village self rule). We are open to various ideas of electoral reforms. Let suggestion come and let people debate over it.

Q: Do you want to be the Prime Minster of the country?

Arvind Kejriwal: Position is not important for us, issues are. I am not fighting this battle to be the Prime Minister but to address various issues plaguing the nation and the people.

(Baisakh is a freelance journalist based in Odisha, an Indian state. He is a media fellow of National Foundation of India (NFI) for the year 2012. He has written extensively on transparency law, right to work, forest and environment issues, Indian Polity and Constitution, Industrialisation and displacement etc.  He can be reached through e mail: 2006pradeep@gmail.com)

Is expelled Maoist leader planning to go mainstream?

This news piece came on Tehelka on 12th August 2012

Link: http://tehelka.com/story_main53.asp?filename=Ws130812ODISHA.asp

Is expelled Maoist leader planning to go mainstream?

While Sabyasachi Panda formed a faction last month, CPI (Maoist) expelled him last week for being a 'revisionist'

Pradeep Baisakh 

  Bhubaneswar

Two days after the central committee of the banned CPI (Maoist) expelled one of its top leaders Odisha Sabyasachi Panda from the party for his ‘betrayal’ and for being ‘revisionist’, Panda issued an audio tape on 12 August night rebutting the charges leveled against him. Panda said, “The expulsion is meaningless as we have severed our ties with them and formed a new party a month ago.”

On 14 July, a 16 page letter written by Panda and addressed to CPI (Maoist) general secretary Ganapathy, was released to media. In his letter, Panda had leveled various charges against the party leaders, saying, “Killing innocent people, apart from unarmed and innocent police personnel, has become the norm of the party.” He had alleged that “Ganapathy wants to establish dictatorship based on terror and fear.” He said that “Adivasi women were being sexual exploited” and also raised questions on “domination of Telugu and Koya cadres in the party.”

Reacting to Panda's letter, the central committee of CPI (Maoist) issued a press release on 10 August, branding Panda a ‘renegade’ and declaring his expulsion from the party. The release said that Panda is ‘fulfilling his selfish political motives that serve the ruling classes.’ The statement also termed the allegations of ‘exploitation of Adivasis’ and ‘sexual exploitation of women’ as baseless, claiming that there are several Adivasis, including women, in the Maoist fold.

In response to the expulsion, Panda criticised the party for its diversion from its main ideology since 2003. “They have killed the workers of SUCI, CITU, CPI (ML) and many common people without any solid reasons. They killed Nava (the leader of a group protesting against the bauxite-mining project in Niyamgiri) branding him as a police informer. During that time, I was kept under strict vigil for seven months and the Andhra cadres were employed to spy on me,” Panda said in the audio tape. “They have not clarified how I became a ‘revisionist’ or an ‘opportunist. We will not continue with a party that is working against people’s interest,” added Panda. He alleged discrimination against Odisha cadres by the Andhra Pradesh and Chhattisgarh cadres.

The differences between Panda and the party have existed for quite some time now. The party did not approve of Panda's kidnapping of the Italian tourists Paolo Bosusco and Claudio Colangelo in March this year. Apart from that, a Maoist organisation Andhra Odisha Border Special Zonal Committee kidnapped the Laxmipur MLA Jhina Hikaka even when the negotiations for release of the Italian hostages were on between Panda and the police. Last month, Panda declared the formation of Odisha Maovadi Party, though he did not openly declare disassociation from CPI (Maoist).

Meanwhile, Subhashree Dash alias Mili Panda, wife of Sabyasachi Panda, hinted at his possible surrender. “He hasn't committed any crime in the two years. The government should provide a democratic space for him and withdraw cases against him,” she told a local TV channel.

However, Odisha DGP Prakash Mishra said, “Sabyasachi Panda has not offered to surrender. Let that situation come, then we will think about it. All Maoists are free to surrender, of course.” On whether the cases against Panda will be dropped if he offers to surrender, Mishra said, “I am not the government, it is premature to discuss on this. Let the offer come.”

Gopala Nanda, former DGP of Odisha said that a clash between the two factions can not be ruled out. “In fact the life of Sabyasachi is now under threat as this is a small group. The language he has used in his audio tape – that he does not believe in violence, in dictatorship or authoritarianism – indicates that he is eager to come to mainstream. However, he may demand some degree of respectability from the government to clear the legal hurdles.” He has cases pending against him in Nayagarh armory raid in 2008 and in Swami Laxmananda’s killing, among others. “I think the government should grab this opportunity and facilitate his entry into mainstream. With his surrender, the Maoist activities will suffer a jolt in areas like Kandhamal, parts of Ganjam and Rayagada districts,” said Nanda.

Nihar Nayak, an Associate Fellow at Institute of Defense Studies and Analysis, said, “It is extremely difficult for Panda to go underground for a long period. In order to carry his activities, he needs cadres and arms. He may somehow manage to get cadres but getting arms from outside would be difficult as it may be thwarted by the Maoists. Given the nature of expose he has made of the internal matters of Maoists, the chance of his reinstatement into the fold also seems bleak. He may go ahead with his newly formed Odisha Maovadi Party for a few days and use pressure tactics with the government to come to mainstream.”

...........

Pradeep Baisakh is a freelance journalist based in Bhubaneswar. 

letters@tehelka.com

Ground zero realities

The book review came in GovernanceNow in 16-31 July 2012 issue


Web Link: http://governancenow.com/views/columns/ground-zero-realities

Ground zero realities

Book Review: A must-read compilation of landmark essays and surveys in the debate on right to work

The Battle for Employment Guarantee

Edited by Reetika Khera

Oxford University Press

264 pages, Rs. 695

Pradeep Baisakh

MNREGS has been a topic of hot debate, even before the law was enacted. Critics see it as wastage of huge public money in ‘mud work’, whereas supporters think it answers the need to save the poor from starvation and malnutrition in the neoliberal era. Amid this debate, the book under review comes as a comprehensive document, compiling some previously published major articles, surveys and essays, to argue in favour of the law.

The book is divided into four parts with 19 chapters. Part I provides an account of the early days of the civil society struggle for employment guarantee. Parts II and III discuss ground realities and case studies from based on surveys conducted in various states. Part IV points out the ‘trouble spots’ in implementations and suggests remedies.

As Nobel laureate Amartya Sen writes in a blurb, “This is a remarkably enlightening study of a novel strategy of public intervention in alleviating chronic poverty in India. The National Rural Employment Guarantee has been a highly popular scheme which has yielded many rewards, but which still suffers from a number of serious challenges related to implementation, cost-effectiveness, and ultimately justice…”.

Jean Dreze in his article ‘Employment Guarantee and Right to Work’ reminisces the early days of the struggle for employment guarantee with the Rozgar Adhikar Yatra undertaken by activists through some of the poorest districts like Badwani, Palamu, Gaya and Puruliya. He presents a picture of the rural economy “…that looked like a graveyard and unemployment was people’s main concern”.

An exhaustive study was conducted by researchers and activists in mid-2008 in six states – Jharkhand, Bihar, Chhattisgarh, Rajasthan, Uttar Pradesh and Madhya Pradesh – to ascertain the impact of MNREGS. The survey found that the scheme indeed reached the neediest people: 73% of the beneficiaries interviewed belonged to scheduled castes and scheduled tribes, 61% of the workers were illiterate, 69% people said it helped them to stave off hunger and 47% spent MNREGS wages to meet their health needs.

The workers got 31 days of work on average in 2007-08. Through barely 13% of workers got the full quota of 100 days, the survey busted the mis-information by some economists that people do not need NREGA.

The survey busted many arguments from a section of economists. For example, one expert held that there was only 1% unemployment among poor agricultural workers. But the survey showed 98% of them wished to get 100 days of work in a year under this scheme. The article by Dreze and Khera, ‘Battle for Employment Guarantee’, provides more details.

Khera and Nandini Nayak narrate field experiences with regards to benefits the law has brought to women who form majority of the beneficiaries. In 2007-08, their share among the total workers was 82% in Tamil Nadu, 71% in Kerala and 69% in Rajasthan. When women face limited and adverse condition of work in private labour market, MNREGS opens up new opportunities for them, asserts the article.

Aruna Roy and Nikhil Dey of the Mazdoor Kisan Shakti Sangathan (MKSS) expose the dwindling commitment of the central government that undermined the Minimum Wages Act, 1948 by putting an upper limit cap on the wages under MNREGS. Now the wages have been linked with the wholesale price index.

A considerable number of essays extensively discuss several measures to check corruption under this scheme and reduce delay in payment of wages to the poor labourers.

The book is dedicated to two martyrs, “Piku who was killed by the CRPF in a fake encounter in Orissa and Niyamat Ansari, killed by Maoists in Jharkhand”.

The book provides a thorough guide for the policy makers in enhancing the delivery of MNREGS. It is quite useful for researchers studying labour market, unorganised sector and welfare economics. This book is a must read for everyone interested in poverty alleviation and socio-economic development of rural India.

 ………

Baisakh is an Odisha-based freelance journalist and National Foundation of India (NFI) media fellow of 2012.2006pradeep@gmail.com

A novel way to tackle domestic violence in India

The article came in OpenDemocracy, a U K Based journal,  on 2nd July 2012

Web Link: http://www.opendemocracy.net/pradeep-baisakh/novel-way-to-tackle-domestic-violence-in-india

A novel way to tackle domestic violence in India

PRADEEP BAISAKH , 2 July 2012

The plethora of progressive laws in India to protect the women from various forms of harassment and discrimination has not brought the desired change in the status and dignity of women. This is partially because of the mindset of the men and women in a patriarchal milieu and due to the low level of awareness of women and men about the laws and women’s rights.

The ‘Protection of Women from Domestic Violence Law 2005’ is the latest addition to the list tough assessing it performance would be too premature at this stage. However the informal mechanism of Mahila Panchayat (MPs) designed at the community level to address issues relating the domestic violence and other forms of harassment against women could well prove to be an exception. Mahila Panchayats are informal institutions promoted by the Delhi Commission of Women (DCW) aiming at “crisis intervention and legal aid at community level and help tackle local level legal disputes and assist in reduction and reconciliation of violence against women”.

Sonali, victim of domestic violence, gets relief

Take the case of Ms Sonali Samantray (name changed) of Sangam Vihar colony that is located near the ruins of old city of Tuglakabad in South Delhi. The young lady having one daughter was living a life of hell inside the four walls of her in-law’s house. Being beaten by her husband Hemraj (name changed), snubbed and beaten by ther mother-in-law had been her regular way of life till she desperately knocked doors ofMahila Panchayat in Sangam Vihar for help in September 2011. Why was Sonali tortured? “My husband and the mother-in-law wanted one lakh rupees from my father, which my father could not give.” Says Sonali. The mother-in-law also wanted a male child from Sonali. As she was unable to conceive for the second time, it had become an alibi for physically and mentally torturing her and of course, contemplating for a second marriage for Hemraj. Sonali also alleged of sexual harassment by the husband of her sister-in-law (Hemraj’s sister), who was staying with the family, harassment that was taking place at the knowledge of her mother-in-law.

Going to the police and filing a case against the in-laws was more than a dream for Sonali and her poor parents. Following the report filed by Sonali the Mahila Panchayat summoned Hemraj to appear before it. It may be noted that the Mahila Panchayat does not carry specifically legal power to summon anyone. But it does enjoy a lot of persuasive power. Adamant Hemraj instead brought goons to beat his own wife. Sonali made a panic call to the leaders of Mahila Panchayat who immediately rushed to her house to tackle the situation. Seeing the unity of leaders, determined to take the challenge, the goons literally ran away from the place. Hemraj then appeared before the Mahila Panchayat, which undertook a phase of counselling for the couple. The members explained Hemraj about the provisions of law dealing with women harassment and dowry and the possible consequences. “He realised his folly and understood the powerful influence of the leaders of the women panchayat. He apologised and signed a written agreement not to repeat any form of cruelty on Sonali” narrates Anwari, a paralegal worker who guides the leaders on legal matter. “In follow up visits to Sonali’s house, we found her leading a happy life” informs Sakuntala Gupta, an elderly lady who is a leader of Panchayat from its inception before three years.

In another case, Ms Kamlesh had rented a portion of her house to a family. Kamlesh is a poor woman with seven children and an ailing husband, who managed her family with running a laundry and from the rent. The tenant, Ms Bimlesh, denied giving rent just after two months of stay, neither did she leave the house. When Kamlesh wanted her to vacate the house, she was threatened by the goons came at the behest of tenant’s father. “They threatened to kill my only son who is of four years old. I was very frightened” says Kamlesh. The police also could not be of much help to Kamlesh.

The aggrieved Kamlesh with her children got justice from Mahila Panchayat

Finally she approached the Mahila Panchayat. The leaders visited her house to assess the situation. They persuaded Bimlesh to pay rent or leave the house. Infuriated by the development, the father of Bimlesh threatened the leaders over telephone of dire consequence if they continue to muddle in the matter. The threat only strengthened the determination of the women leaders who warned the father and daughter duo not to take law onto their hands. Sensing that the situation would actually go out of control as the community has come together with Kamlesh, tenant Bimlesh quietly vacated the house in night. In fact the daughter and father had past record of forcefully occupying residential premises after staying as tenant. It may be noted that Sangam Vihar is an unauthorised colony, where proper legal document of ownership of immovable property are not availabe, leaving the scope for mafias to grab land and houses by intimidating common people. 

Composition and functioning

Mahila Panchayats are run by DCW in partnership with NGOs. There are about 44 Mahila Panchayats run by 22 NGOs working in the National Capital. The working of Sangam Vihar Mahila Panchayat is facilitated by YWCA (Young Women’s Christian Association). Some other NGOs which run Mahila Panchayats are Action India, Delhi Brotherhood Society and similar. The Sangam Vihar Mahila Panchayat has 25 members, all of whom are from the local community. The leaders hold regular weekly meetings not just to resolve disputes but also to discuss the laws on protection of women, government schemes and other laws like right to information act etc.

A member of DCW, Kiranvati Tank, says “in slum areas where most people are illiterate and are unaware about various laws and schemes, Mahila Panchayats have been established to help the women and spread awareness on the same. Several family disputes are resolved by the Panchayats.” Awareness camps are organised by the concerned NGOs for the leaders on legal issues, dispute redressal mechanism, laws relevant to crimes against women. They are given exposure on the existing legal position regarding property, maintenance, marriage, custody, etc.  They are trained in counselling, FIR writing etc.  

  Meeting of Mahila Panchayat.

The Panchayat has adopted some minimum formality in its functioning. After the receiving the applications it summons both the parties for counselling and resolving disputes. It sits for some sessions of counselling and attempts to arrive at a solution. The final outcome is recorded and both the parties sign on the agreement. Then the case is followed up by the visit of the members or the paralegal workers to the houses for about three months. Once the progress is found to be satisfactory, the case is closed. In case when a solution is not worked out, the case is referred by the  Mahila Panchayat itself to the Women Cell of Delhi police. The aggrieved women are provided help to be taken to the cell and to file case. Some cases are also referred to the courts and Delhi Legal Service Authority (DLCA) is linked for free legal service. “And in extreme cases we can refer the case to the DCW” says Nafish Ahmad of YWCA.

“The remarkable features of Mahila Panchayat are its informal ways of functioning and the ease at which an aggrieved woman can approach it. The threat of bringing the violators to book under the existing laws, in case counselling fails, brings moral pressure on the aggressors to accept the verdict of Mahila Panchayat. Unity, leadership and motivation are the hallmarks of it. After all, the backing of DCW has made it a credible institution” says Durang Basu Mullick, Programme Secretary of YWCA.

Male chauvinism affected the process initially

Brining the women together and constituting the women body has not been easy from the beginning. The active women who started coming to the meetings due to the persuasion of the staff from YWCA were discouraged by the husbands as male chauvinism was challenged. Some male members straightway opposed to their women going to the meetings. The NGO staff persuaded the husbands of the members and explained the novelty and utility of the institution. When their women started gaining respect from the community by way of providing leadership and guidance in resolving family disputes, the husbands were captivated. “My husband now even reminds me of the time of the weekly meetings in case I get late!” says Ranju Singh, young member of Sangam Vihar Mahila Panchayat, chuckling.

Empowered women lead the community

Out of about 200 cases received in last three years by two Mahila Panchayats facilitated by YWCA (another exists in Govindpuri), more than 85% percent cases have been resolved informally. “Our approach has always been to keep the family intact while protecting the rights and dignity of women.” adds Kamlesh Rathore, another paralegal worker. The institution has brought in conspicuous results in the empowerment of the women who have stepped out of the threshold to participate in the wider advocacy process in favour of the community. They have been active in collecting about 12,000 signatures and submitting same to the local MLA for addressing the problem of acute water scarcity of the colony.

Pradeep Baisakh is a Development Journalist based in Odisha, India. He has written extensively on transparency law, right to work and food, environment issues, industrialisation and development, women, tribal rights so on. His writing can be found at: http://pradeepbaisakh.blogspot.com/ . He can be contacted through email:2006pradeep@gmail.com.