The Constitution was a leap of faith

In the 70th year of the Republic, “We the People” must reward their imagination by emerging from the littleness and binaries of our current public discourse, and expanding our own political imagination of the possibilities for the future of India.

Sixty-nine years ago, the adoption of the Indian Constitution was regarded, variously, as a “reckless” political experiment, a cause for celebration amid uncertainty, as India set out to be the world’s “largest democracy”, and of triumph amid tragedy, as it became a republic during the bloodbath of Partition. The first Constitution of a Commonwealth country to be drafted entirely by its own nationals, the Indian Constitution was, and remains, the longest written constitution in the world. The length of the Constitution is a reflection of the magnitude of problems facing the newly independent nation, including its very integration as a nation state; the need to reassure minorities following Partition; and the need to build a new social and economic order that would lift millions out of poverty, even as it sought to eliminate pervasive social and religious discrimination.

Some of these problems and uncertainties continue to resonate today. But as India enters the 70th year of the Republic, it has the new moniker of being the world’s largest “stable” democracy, a feat unique to India in the post colonial world. The resilience of the Constitution is a testament to the founders’ foresight in imbuing its text with the spirit of diversity amid unity. The Indian Constitution is not one constitution, but many. Though Article 370, for the state of Jammu and Kashmir, is the most well known exception to the Constitution’s general provisions, the entirety of part XXI of the Constitution contains differentiated provisions for the states of Assam, Nagaland, Manipur, Mizoram, Sikkim, and Arunachal Pradesh. Part X of the Constitution creates a differentiated legal framework for “Scheduled Areas” within 14 states of India, that constitute 13% of India’s geographical area, including the entire state of Meghalaya, and more than half the states of Chhattisgarh, Jharkhand and Tripura.

The Constitution is also resilient because it was wedded to the principle of incrementalism. The founders were deeply conscious that they were guaranteeing fundamental rights to life, liberty, equality, and property, to all citizens, in a society deeply divided on the basis of religion, caste, and gender. Therefore, in the chapters on Fundamental Rights and Directive Principles of State Policy, they provided pointers, not answers, for resolving tensions that would inevitably arise between the interests of the individual v. the collective.

Resolution of tensions between “individual property” and “state’s power to take away property” for the “collective good of economic development and social redistribution”, resulted in the abolition of the fundamental right to property in 1978. Tensions with respect to “individual women’s rights to equality” v “collective religious diktats” have been playing out, with intermittent resolution, for many decades, for instance, in the case of Muslim women’s rights to divorce and maintenance, from the Shah Bano case in the 1980s to the current bill criminalising triple talaq, and Hindu women’s rights to inheritance of joint family property from the 1950s to equal religious right to worship in the context of the Sabarimala case today.

Despite our Constitution’s resilience, we can never take its continued existence and the stability of India’s democracy for granted. In fact, the greatest threats to the Constitution come because we expect both too much, and too little, from our Constitution. The recent constitutional amendment on “poor upper caste reservations”, which has turned the concept of reservation based affirmative action on its head, is an example of how public disaffection with the state’s redistributive failures is sought to be temporarily assuaged through recourse to the Constitution. The constitutional amendment, while it exists (there are strong reasons to believe that it is unconstitutional), will momentarily camouflage the ineptitude and decay of our public institutions, and the failure of our “economic development” narrative, but will not resolve the crisis that threatens the social and economic, and, therefore, the political stability of the nation.

This deflection of public disaffection from our Parliament and executive towards the Constitution is a grotesque pantomime that we have seen played out previously in the context of the abolition of the fundamental right to property. The period since the abolition of the right has in fact seen a far greater increase in economic inequalities, and “land grabs”, than the one when the “fundamental right to property” was intact.

We also expect too little from our Constitution. The Pathalgarhi movement is an example of how provisions for “tribal autonomy” within the text of the Constitution and their ambiguities can be used to construct a narrative of demands for greater decentralisation and self-governance through gram sabhas in the Scheduled Areas.

It is not clear why “We the People” did not similarly use our fundamental rights to liberty and equality, and constitutional right to property, to hold the government accountable for its demonetisation exercise that has proved to be an economic disaster. Or why we remained silent when the Supreme Court, the self appointed highest guardian of the Constitution, winked at the unconstitutionality of passing the Aadhaar law as a money bill, or gave unsatisfying verdicts on recent public controversies, including the CBI director’s removal and the legitimacy of the Rafale deal?

The founders took a leap of faith in imagining this magnificent Constitution for us, with the humility that even as they showed us the way forward, they didn’t have all the answers, and the hope that we would use it wisely, to build a peaceful and prosperous nation in which everyone has the opportunity to “develop according to their own genius”. In the 70th year of the Republic, “We the People” must reward their imagination by emerging from the littleness and binaries of our current public discourse, and expanding our own political imagination of the possibilities for the future of India.

We must respect the founders’ faith in us by pledging to renew constitutional values of resolving tensions through dialogue even as we respect differences, and to strengthen the fabric of our public institutions that have the power to both build and break the Republic.

Namita Wahi is fellow at the Centre for Policy Research, and director of the Land Rights Initiative

Source: Hindustan Times, 25/01/2019

Opinion| Politics is still considered a man’s world. Why this must change

Bharatiya Janata Party MLA Sadhana Singh attacking Bahujan Samaj Party (BSP) chief Mayawati with caste and gender-coloured remarks, is representative of a culture supported by parties

Bharatiya Janata Party MLA Sadhana Singh, a legislator from Uttar Pradesh’s Mughalsarai, recently courted controversy after attacking Bahujan Samaj Party (BSP) chief Mayawati with caste and gender-coloured remarks, calling her a “blot on womankind” and “worse than a eunuch”, a vicious jibe at both women and the transgender community. Then came a ghastly remark by Congress leader K Sudhakaran, who said that Kerala chief minister Pinarayi Vijayan “turned out to be worse than a woman”, while addressing the alleged ineffectiveness of the latter’s administration. In the first case, Sadhana Singh’s comment comes from a position of caste power. She is a Kshatriya (according to the UP government’s website), which she must feel gives her the upper hand in a fight against Mayawati, the Dalit leader. What’s alarming here isn’t just that it’s one woman attacking another, but how her caste supremacy came into it. In the second, entrenched patriarchy is the foundation of our social order, so much so that even women are found to be patriarchal.

Two instances which boil down to the same problem: that politics is understood as a man’s domain.

Mayawati has built her political career on the social mobility of the lower castes (Dalits and OBCs), and brings the voices of the oppressed to the forefront of politics, all while carrying the weight of her ‘womanness’. Women in Indian politics have been subjected to violence of all kinds – facing hate at the drop of a hat. The attempted disrobing of the late AIADMK’s leader Jayalalithaa’s in the Tamil Nadu assembly at the beginning of her career, BJP’s Uma Bharti being accused of and shamed for an affair with RSS ideologue Govindacharya (without proof), BJP’s Smriti Irani being mocked by leaders of her own party and other parties about her life before politics (as a TV star), former Congress president Sonia Gandhi being called a widow while being accused of corruption late last year, the list goes on and on. Politics hasn’t favoured even the most powerful of women politicians. The tone of political discourse in India, mired in caste, class and entrenched patriarchy, is representative of a culture supported by all parties. After all, politics is a reflection of our society. India also continues to battle a significant gender imbalance in Parliament, with a lower percentage of women than most other South Asian nations.

But gender discrimination in politics isn’t just an Indian problem. Women’s pursuit of a predominantly male political sphere has been challenged world over. The Telegraph, a British newspaper, doesn’t just call out United States President Donald Trump’s sexism, it tracks sexist remarks made by him from the 1980s until now. Many of these have been attacks on women politicians since he took over the White House. The Inter-Parliamentary Union and the Parliamentary Assembly of the Council of Europe interviewed 123 women from 45 European countries (81 Members of Parliament and 42 parliamentary staff members) and concluded that 85% of the respondents suffered from psychological violence in Parliament. Towards the end of 2018, when Julia Banks of Australia’s Liberal Party quit because of bullying and intimidation within the party, she said, “Women have suffered in silence for too long”.

Women across the world have fought long and hard to conquer both ends of the political spectrum: from ensuring suffrage, to stepping into Parliament as policymakers. Empowerment can only be achieved when there is equality in operation. This places the onus of cultural change largely on political parties to stop this behaviour from going unchecked, and from being encouraged. Perpetuating this toxic culture consequently inhibits women’s growth in politics. Ironically, a study by the United Nations Women titled ‘Women’s Leadership and Political Participation’ highlights how the role of women in politics and policymaking paves the way for an inclusive, peaceful society with health and childcare benefits increasing. Specifically taking the example of Panchayats/local governments in India, female-led councils take up a more development projects than male-led councils. These include drinking water projects.

But if getting her foot in the door wasn’t already hard enough, the current political discourse doesn’t make it any easier. It’s time we admit that we have a problem, and it’s as much a reflection on us as it is on our politicians.

marika.gabriel@htdigital.in

Source: Hindustan Times, 24/01/2019

Celebrate Differences

Unity is life; its negation is death. Unity is to be achieved through unity of minds. Our mind perceives and creates the world around us. Beauty, love, compassion, benevolence, reason and order help us embrace with equal ease all things great and small. Unity is strength. Bahá’u’lláh, who spoke of the need for Oneness, said that so powerful is the light of unity that it can illuminate the whole of earth. Religion is to enhance love and unity, for we are fruits of one tree. Those who make no effort to expand their process of thinking and improve their level of awareness are not receptive to new ideas. Men may seem to get together but they remain divided by difference in perceptions. Unity is best achieved when minds are elevated. At an average level of our consciousness, all our differences get exaggerated and distorted. Higher the consciousness, the better the adaptability to unite. He sees farthest who ascends highest. Unity of mind does not mean we have to eliminate differences. Live with them and achieve unity, not uniformity, for uniformity goes against Creation. Differences are a blessing as long as we respect and accept them; they activate and inspire the mind and accelerate the thinking process that leads to intellectual development. When differences are understood, they enrich us and lead to progress and development. We have no choice but to work with people who are different than us. When we accept that variety is the spice of life, we obtain unity despite differences. Peace can only be achieved by understanding and acceptance.

Source: Economic Times, 25/01/2019

Now, an app to help the visually impaired

In a bid to assist visually impaired people to easily determine denomination of currency notes, the Indian Institute of Technology at Ropar in Punjab has developed an Android App “Roshni”, using image processing and analytics.

The App was launched on Wednesday at the IIT Ropar. Assistant professor Puneet Goyal, said that ‘Roshni’ is the first Android App that works successfully with new currency notes that were released after demonetisation and it works well in broad range of light conditions and holding angles.

“This App utilises an adaptable deep learning framework, which further uses the patterns and features embedded on the notes to differentiate and determine the currency denomination. Our IPSA (Image processing, Security and Analytics) lab prepared a rich dataset of more than 13, 000 images of currency notes under varied real-world conditions. The user has to bring the currency note in front of phone camera and the App would provide audio notification intimating the currency note denomination to the user," said Mr. Goyal.

The team includes Dr. Puneet Goyal, Ph.D scholars Mandhatya Singh and Joohi Chauhan, and student R. Ram of the CSE & Engineering department.

The Seeing AI App by Microsoft is the only other App that facilitates recognition of both old and new Indian currency notes, but it is an iOS App and not available for school for visually impaired recently and performed the App testing there.

Ms. Nirmala, faculty member of the school, in a statement added “Earlier the visually impaired persons, differentiated the currencies based on the length and width of the note. But after demonetisation it became very difficult for them to identify the denomination, due to similarity in the sizes of new and old notes. Also, for those individuals who lost their vision due to old age or some other conditions, 'Roshni' will be very beneficial.”

Source: The Hindu, 24/01/2019

South Africa’s new Indian migrants

For India-South Africa relations to take shape, we need to move beyond Gandhi and the Indian diaspora

Walking through the former Indian township of Lenasia (south of Johannesburg) in November 2017, we met a Nigerian migrant listening to a Hindi song. Curiosity led to a brief conversation and he told us that while he could not follow the lyrics of the song, he found the music enthralling. Within minutes of the conversation, we met the friend from whose phone the migrant had copied the song. He told us that he had arrived less than a decade ago from Surat and works at a mobile shop in Lenasia.

The close links between India and South Africa from the perspective of migration is well known. There is vast documentation of historical migrant streams — from the arrival of indentured labourers in Natal in 1860 to the arrival of Indian traders after 1880. Durban, in particular, is known to host one of the largest concentrations of the Indian diaspora. Data from the Ministry of External Affairs (MEA) show the population of Overseas Indians in South Africa in December 2018 to be over 1.5 million: 60,000 Non-Resident Indians and 15,00,000 Persons of Indian Origin.

The invitation to South African President Cyril Ramaphosa as the chief guest for India’s Republic Day celebrations this year has put the spotlight on two important pillars of bilateral ties: Mahatma Gandhi’s connection to South Africa, and a large Indian diaspora. President Ramaphosa’s visit assumes significance as India celebrates the 150th birth anniversary of Gandhi. In June last year, External Affairs Minister Sushma Swaraj’s visit to South Africa honoured 25 years of diplomatic relations between the two countries, the 100th birth anniversary of Nelson Mandela, and 125 years of the Pietermaritzburg train incident.

Drivers of business

Little, however, is known about the new migrants to South Africa’s shores, like the Gujarati migrant we met in Lenasia. Why is the figure of the contemporary Indian migrant critical to consider, and should it be differentiated from an older diasporic Indian population in South Africa?

Post its democratic transition, South Africa witnessed an influx of migrants from developing countries such as Mozambique, Nigeria, Zimbabwe, Pakistan, the Democratic Republic of Congo, India, and Lesotho, who came to the country in the hope of social and economic success. These migration streams are reflective of wider shifts in global migration trends, of South-South migration emerging rapidly as a viable alternative in comparison to the costs of migrating to the Global North, or as an intermediate stop in further pursuit of migration to the Global North.

Indian migrants are driven to South Africa because of cultural relatedness and the presence of networks from the home country. In the Gauteng province, for instance, Indian migrants first arrive in areas with existing Indian concentrations, such as Fordsburg, Lenasia, and Laudium. Fordsburg is well known as one of the most vibrant places in Johannesburg, for its iconic Oriental Plaza and variety of street foods, halaal shops and Indian sweetmeats. New Indian migrants have set up businesses here alongside Pakistanis, Bangladeshis, and Egyptians. It is not uncommon to see Malawis assisting as cooks in dhabas (eateries) run by Indian and Pakistani migrants. The migrants have been critical drivers of businesses and employment generation in these and various other neighbourhoods.

Raman (name changed), who hails from Mumbai, and runs a telecommunications business in South Africa, remarks about setting shop in Fordsburg: “I moved from India to Dubai for two years. When I was doing business in Dubai, most of my clients were based in South Africa. So then I said, fine, there is some potential in the country, and because people are buying so much from us, from Dubai, if I move to South Africa, it will be good exposure for me and for them to interact with me on a day-to-day basis... I have a more intimate relationship with them.”

On the one hand, the influx of migrant groups has resulted in the exchange of ideas, goods and cultures at a micro neighbourhood/street level. The African migrant who listens to Bollywood songs in Lenasia symbolises this. On the other hand, not all is pleasant among the new Indian migrants and the South Africans of Indian origin. Even as South African Indians grapple with the idea of India as their homeland, their idea of South Africa as ‘home’ has given rise to antagonism towards the new Indian migrants. Furthermore, Indian migrant traders, alongside Chinese traders, have been at the receiving end of xenophobic attacks and violence. China Malls, the Oriental Plaza and other trading spaces have witnessed violent burglaries and break-ins. Much of this is driven by hatred stemming from the perception that migrants are taking away the jobs of local South Africans.

The real story, however, is that migrants have made positive contributions to South Africa’s economy and society. In fact, cities like Johannesburg are driven by migrants. Yet, this receives little attention in mainstream policy discourse or in bilateral/multilateral relationships.

For robust relations

Recent developments signal some change. Speaking along the sidelines of the African Union Summit in Kigali, Rwanda, in March 2018, President Ramaphosa “urged South Africans to welcome and embrace foreign nationals from the [African] continent,” arguing that movement of people allows for new opportunities for business and learning. More recently, at the informal meeting of BRICS (Brazil, Russia, India, China, South Africa) leaders in Buenos Aires, Prime Minister Narendra Modi spoke of the need for “smooth movement of labourers worldwide” in the context of managing labour relations in global value chains.

For India-South Africa relations to truly take shape in contemporary times, it is no longer enough to glorify the Indian diaspora or commemorate Gandhi’s role in South Africa, which have been the two key highlights of top-level foreign visits and meetings thus far. Contemporary India and South Africa need to recognise and harness the potential of new migratory flows. Only then can we realise our true strength as allies in BRICS or IBSA (India, Brazil, South Africa). The emphasis on skill development, South-South cooperation, and people-to-people contact, significant as it is, cannot be delinked from cross-border flows of people, who are rapidly transforming the employment and migration landscape in both countries. At the same time, free labour mobility on its own is not enough; we need measures to safeguard and uphold labour standards globally.

Eesha Kunduri is Research Associate, Centre for Policy Research, New Delhi, and Pragna Rugunanan is Associate Professor of Sociology, University of Johannesburg. Views are personal

Source: Indian Express, 24/01/2019

Equality beyond GDP

New India cannot view empowerment of women merely as economic resource

Last month, Niti Aayog released a report on state-level progress across various indicators under the global Sustainable Development Goals (SDGs). The comprehensive index score on gender equality (Goal 5) revealed that all Indian states, except Kerala and Sikkim, fall in the red zone, signifying low performance.

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Despite such worrisome findings in its own report, Niti Aayog’s almost simultaneously released ‘Strategy for New India @75’ document falls short of engaging gender equality in a meaningful way. This important, over 200-page document includes only a short, four-page section on gender which discusses just one theme: The need to enhance female labour force participation, while neglecting a whole gamut of other issues.

Crimes against women are discussed merely as a barrier to women’s mobility, one that hampers their supply in the labour market. This, despite the NCRB data recording an 83 per cent increase in crimes against women between 2007 and 2016, and the Thomson Reuters Foundation’s global poll in 2018 naming India as the most dangerous country for women. Likewise, the chapter on school education does not go beyond suggestions to offer counselling and support to girls who are victims of gender-based violence.

In its single-minded focus on improving GDP-driven growth statistics, the strategy document aims to achieve a female labour force participation of at least 30 per cent by 2022. Between 2005-06 and 2015-16, the female labour force participation rate (LFPR) in India declined from 36 per cent to 23.7 per cent. This decline is much steeper in rural areas, from 49.7 per cent to 26.7 per cent. Clearly, India is not following a historical trajectory similar to other countries where female labour participation rates have increased with improvements in education levels and GDP.

The strategy document does not recognise that female labour force participation rate in India is, in fact, lower among urban, educated women. According to recent research by Public Affairs Centre (PAC), a major metropolis like Delhi has only 196 female workers per 1,000 workers, and Mumbai has only 188. In contrast, a state like Nagaland, which has historically been matrilineal, has more than 500 women workers per 1,000 in most districts. The strategy document skips discussing any number beyond the national averages, and offers no analysis of social barriers on women, particularly married, in entering or staying put in the labour force.

Although it mentions in passing the unpaid work done by women in the household, it demonstrates no understanding of how it constrains women and how public policy can play a role in addressing it. It is further unclear if the reference to unpaid work undertaken by women was to point at the conceptual difference between work and employment, as considered in GDP calculation, or at the need to make household chores more participative. The result is that nearly all the recommendations revolve around addressing workplace-related barriers, while being oblivious to social barriers. Although women do need crèches and flexible work hours, the enabling force driving women towards economically active choices will be a renegotiation of gender roles within families. Without this, most women will only juggle jobs and not enjoy fulfilling careers.

Thus, the ‘Strategy for New India @75’ takes a limited utilitarian approach to gender, where inclusion of women in the labour force is perceived from the vantage point of economy and growth statistics, and not of women realising their full potential or exercising their agency. It is evident when the document mentions that if more women were to be employed in the formal sector, the GDP would increase by 1.4 per cent. There is absence of any discussion on over-representation of economically active women in the informal sector, which leaves them poor and vulnerable, deprived of many work benefits.

Any policy seeking to enhance female labour work force participation is appallingly deficient if it fails to include perspectives on areas like paternity leave and mainstreaming of gender education in schools. There is also a stark absence of any reference to the gender-wage gap, despite a government report in 2018 finding a 30 per cent wage gap even for men and women with the same qualifications. Further, although the need to improve women’s asset ownership is identified, the strategy document limits itself to access to common property resources and joint registration of property with spouse. The core issue of equal inheritance rights is conspicuous by its absence.
This policy document offered a crucial opportunity for an informed discourse around gender equality in its totality. However, it seems to have short-changed issues of gender rights and justice, and opted for a GDP-centric approach focusing only on capitalisable gender dividend. Incentivising companies to employ women and promoting safe work spaces are necessary but not sufficient. The foremost frontier which Indian women need to conquer remains firmly within our families.

Source: Indian Express, 24/01/2019

Why India’s health system fails to spot malnourished children

The fundamental problem is structural. The anganwadi worker reports into the Integrated Child Development Services (ICDS) system of the women and child development (WCD) ministry, the ANM into the health ministry, and the ASHA to health (with a dotted line to WCD). With two ministries controlling three women workers, there is inadequate data sharing and weak accountability.

In a tiny village somewhere in northern India, three-year-old Leela is malnourished, but no one knows. Her parents, poor labourers barely making ends meet, don’t notice. The government health system hasn’t spotted the child. Across hundreds of villages, mothers and children who need attention are routinely being missed out. That is a key reason why almost 36% of children under the age of five are underweight and over 50% of pregnant women are anaemic, according to national health statistics.

In every village, government health and nutrition services are delivered through three women health workers. The Accredited Social Health Activist (ASHA) mobilises the community through home visits, and the anganwadi worker is responsible for nutrition needs of women and children, and early childhood education. The ASHA and the anganwadi worker independently share their information with the Auxiliary Nurse Midwife (ANM), who delivers services such as immunisation, and antenatal care, basic diagnosis, treatment and referral. These three women who have complementary health related responsibilities comprise an enlightened system on paper. Where they team up, they are a powerful force.

The fundamental problem is structural. The anganwadi worker reports to the Integrated Child Development Services (ICDS) system of the women and child development (WCD) ministry; the ANM into the health ministry; and the ASHA to health (with a dotted line to WCD). With two ministries controlling three women workers, there is inadequate data sharing and weak accountability.

There are problems with data collection, recording and sharing, with practices varying across states. In Rajasthan, the anganwadi worker and the ASHA do separate baseline surveys of the village population — one looks at every household, and the other only at dwellings with eligible couples in the age group of 15-49. They even use different house numbers in their records. Each of the AAA keeps voluminous registers, and their records are often unreliable. There can be different ways of collecting data. In most states, the anganwadi worker assesses malnutrition by weighing the child. In Rajasthan, the ASHA does it measuring mid upper arm circumference (MUAC). Common baseline, data collection and recording are essential if the AAA workers are to zero in on cases like Leela.

Accountability for case identification fundamentally requires role clarity. ASHA’s and anganwadi worker’s responsibilities overlap. The latter maintains information on anaemia, blood pressure and other indicators, which she could easily obtain from her health department counterparts. This would allow her to discharge her primary functions of nutrition and early childhood education provision more effectively. With overlapping functions, it is difficult to hold workers accountable. The accountability issue extends upward through the system, since the AAA workers have different supervisory systems, reporting into different ministries.

The first solution is better coordination, and best practices are to be found in a few states like Tamil Nadu and Kerala. Certain states, and the central government, are taking good steps. In every village in Rajasthan, through the Rajsangam programme, ASHAs, ANMs and AWWs are being trained to use a common ‘AAA platform’. They together map their villages, work off a common database, and routinely share data. Poshan Abhiyan, a visionary central government programme requires that several ministries (beyond health and woman and child) take up joint activities for better nutrition.

Convergence activities are good, but ultimately, there must be a more incisive structural solution — bring ICDS within the purview of the health ministry and create a single chain of command for health and nutrition workers and supervisors. Nutrition is ultimately a health issue. Mother and child should receive a continuum of care from conception till the child turns six. This system would also spur innovation. For instance, the Common Application Software (CAS) has been introduced by the ICDS department. It is a wonderful product, and its obvious evolution is into a ‘CAS2’— an integrated product that would link all three workers in real time. We have created such an integrated app and field tested it and seen that it makes a huge difference to workers morale as well as efficiency. The question is whether, with two ministries involved, CAS2 will happen any time soon.

Today there is talk about convergence in activities, but little debate about structural change. Merger of ICDS with health could be painstaking, but the best solution. All stakeholders — media, influentials, communities must raise the issue. The well being of thousands of Leelas is at stake.

Ashok Alexander is founder-director of the Antara Foundation

Source: Hindustan Times, 24/01/2019