Followers

Tuesday, November 02, 2021

Why Mizoram vs Assam is a BJP project to ‘integrate’ northeast gone wrong

 

Assam-Mizoram violence is an outcome of BJP trying too hard to ‘integrate’ distinct northeastern states. This has unleashed latent regionalism.

To understand why tiny Mizoram and Assam are fighting for territory with machine guns, we need to raise five questions. In the answers would lie the nub of the issue.

First, why does Assam have a major, contentious territorial dispute with four of the six northeastern states it shares borders with but not the remaining two? At least not any substantive ones. Here’s a counter question. Why did India have substantive border disputes with almost all its neighbours, and especially those that came into being after Partition? 

The explanation is that just as Pakistan was carved out of India, and the boundary with Nepal was inherited from British times, four of Assam’s six neighbours were carved out of Assam between 1963 and 1972.

Just as border lines between India and its new neighbours were drawn hurriedly and casually by an outside power, the British, the boundaries of the new northeastern states were drawn by civil servants in New Delhi. If anything, the process might have been even more relaxed because, unlike Radcliffe, in this case the lines were only being drawn within the map of India, between our states. Mostly, the legacy boundaries from the British times were followed.

The current Mizoram-Assam row is a good example. In 1972, when Assam’s district of Lushai Hills was carved out as the Union Territory of Mizoram (it became a full state in 1987), North Block used the last district boundaries drawn by the British in 1933. Here is the rub. The British had also drawn another boundary for the same region in 1875 that gave some of the territory to the Mizos which was later denied in 1933. That first demarcation was also under a law, Bengal Eastern Frontier Regulation of 1873. The answer to the first question, therefore, is there is a nasty inherited legacy of a hasty division, like the Partition of the subcontinent.

Here is our second question then: Why did the line shift in 1933? What are the Mizos and the Assamese fighting about? They accept the original, 1875 line because they say their tribal elders and chiefs were consulted. In 1933, no such nicety was followed. It could be that by that time a lot of British commercial interest had developed in the flatter, or gently sloped land next to Lushai Hills because many tea gardens had come up here.

The Assamese, on the other hand, have a strong legal and moral claim because they say they can only go by boundaries officially inherited. Also, that they were large-hearted in letting their massive state being Balkanized like this in the national interest. This is also the reason why such intense border issues do not fester between Assam, Tripura and Manipur. Because those two were already territorial entities by themselves and not created by dividing Assam.

The third question is, why have some of these border disputes, so latent for several years, come alive now? And why so, when one political party, that rules India with an overwhelming majority in Delhi, also rules all of the northeast? Either directly, as in Assam and Tripura, or in a coalition (Manipur), through a leveraged buyout (Arunachal) or through ‘treaty’ allies: Meghalaya, Nagaland and Mizoram.

We need to note, however, that even in the past the worst of the violent border clashes — mostly between Assam and Nagaland — had taken place when the same party, the Congress, was in power in both states. The last big one, that saw 41 killed in Merapani Bazar village in 1985, was when Hiteswar Saikia was chief minister in Guwahati and S.C. Jamir in Kohima.

The answer is, simply, the smaller state syndrome. The same reason for which India’s neighbours harboured such anger over disputed borders, and we aren’t just talking about (West) Pakistan. Although a deep conspiracy theory is also believed there that Mountbatten conspired with Nehru to get Radcliffe to give India Punjab’s Gurdaspur district. But for that “diabolical act”, India would have had no direct access to Jammu & Kashmir. Please don’t misunderstand this for my seeing any justification here. There is none. We are also making a limited point that the smaller, newer states carved out of old, big ones usually harbour such grouses. Nagaland, Mizoram, Meghalaya and Arunachal have similar ‘regrets’.

The fourth question then. Why was the BJP, its home ministry in North Block, and its anointed grand vizier, if not the czar of the northeast, Assam Chief Minister Himanta Biswa Sarma, not able to foresee and prevent it?

Why is it now not able to blow the whistle, flash red cards, halt the ‘play’ and send everyone home? How come both state governments are issuing statements threatening each other’s forces and citizens worse than nations at war? How come Assam has now issued this incredible travel advisory asking its people not to visit Mizoram because they might not be safe?

Ilived in the northeast to cover it in the most troubled period of 1981-83 when four insurgencies were raging and Assam was so paralysed that even a barrel of its crude oil could not travel in the pipeline to the refinery in Barauni, Bihar. Never was such an advisory issued by anyone. Never over Jammu & Kashmir, Punjab at the height of terror. Never in India. In 2021, we have established a national first and it is an embarrassment.

I thought that when I went to Merapani in 1985 to cover the Assam-Nagaland clashes and found the BSF separating the two police forces, and guarding the border with BoPs (Border Outposts) as it sets up along international frontiers, I had seen the worst. How could there be BoPs between our states? This goes to another level now. To be even-handed, we need to also mention the Mizoram MP K. Vanlalvena speaking outside Parliament threatening that the Assamese will be killed. Central forces are already patrolling this ‘border’ now.

We come to our fifth, and last question. Where has India been able to settle its disputed borders and why? India, through a process that began between Manmohan Singh’s UPA and Sheikh Hasina’s government, and carried forward magnanimously by the Modi government, settled its land and maritime boundaries with Bangladesh. Several decades ago, Indira Gandhi had similarly settled the Katchatheevu island dispute with Sri Lanka. In each case, the larger neighbour showed generosity and large-heartedness, not cussedness or dadagiri. That answers the question. It would never happen if India had approached this like the Big Brother.

When we net all these answers off, we arrive at a set of conclusions as to what has gone wrong in the northeast. First, the BJP has erred in seeing it as a monolith, just because it rules all. These are seven distinct states, each with a strong sense of regionalism, ethnicity, and a relaxed view of Indian nationalism. The BJP is trying too hard to ‘integrate’ these. In the process it is trying to mend what ain’t broke. This has awakened sleeping regionalism.

Next, following the same integrative approach it set up an organisation like NEDA. Compare it with, say, the debate over the creation of the Chief of Defence Staff, or now theatre commands in the armed forces. The IAF and Navy are a fraction of the Army. But they won’t concede it supremacy just because of its numbers. You have to negotiate, share space, reassure the smaller partners. Not give them one centralised command system and a commander.

Finally, these small states were created for three reasons: One, because they felt out of sight, out of mind, by the Assam government in faraway Shillong then. Two, to address their insecurities about being overwhelmed by outsiders and losing their identity. And three, to give the tribal elites their own share in power. This was impossible for them in a combined Assam where their numbers were in low single-figure percentages. Even today, the population of all six neighbours adds up to 1.55 crore, which is about 40 per cent of Assam.

They’ve always resented Assam as the big brother. They didn’t want to be dominated by Delhi nor by Dispur. On top of which, the BJP has given them a regional commander-in-chief of sorts in the Assam chief minister. This is impractical, unwise and unsustainable.

Shekhar Gupta is Editor-in-Chief and Chairman, ThePrint

Source: The print, 31/10/21

Justice now depends on technology,’ said SA Bobde. Indian judiciary has miles to go

 

Legal acumen doesn't translate to tech competence. We need adequate training to transit from paper briefs to screens.


Former Chief Justice of India S.A. Bobde said in his farewell address, “Access to justice now depends on access to technology.” Technological transformations in the Indian judicial ecosystem, which were brought about in the wake of the Covid-19 pandemic, have received both praise and criticism from the public. The courts’ inability to function physically pushed them to explore these technological capabilities in order to dispense justice. The Supreme Court acted promptly, issuing a set of guidelines for video conferencing to reduce physical interaction through a suo motu writ petition.

Other major technology-driven reforms included e-filing of petitions, virtual hearings, and live streaming of court proceedings. Data from the e-committee of the Supreme Court reveals that as of 30 June 2021 (for an average of three months), 40,43,300 and 74,15,989 lakh cases were dealt with through video conferencing by the high courts and the district courts, respectively. The e-committee drafted model rules defining the contours of these reforms, indicating that the Indian judiciary in the post-pandemic days is likely to be a hybrid of physical and virtual courts.

While these changes are a welcome step towards improving the efficiency of the system, it is critical to bear in mind that technology is not an elixir for the problems affecting the judiciary. It will bring with it a series of challenges that may make justice even more inaccessible for the common (wo)man.

Digital divide at Bar and Bench

Differential access to devices and technological infrastructure, bandwidth and connectivity issues, and varying levels of comfort and know-how in the use of technology are some of the challenges that affect all the stakeholders in the judiciary, especially those working closely with the district courts in rural parts of India. Preliminary findings from the ongoing survey of trial courts conducted by the office of the Chief Justice of India reveal that only 27 per cent of the courtrooms in the subordinate courts have computers on the judge’s dais and 10 per cent have no access to the Internet. This implies that most courts, especially in the district judiciary, are currently not equipped to function virtually.

Ever since the imposition of the first lockdown in March 2020, the Bar Council of India has expressed concerns over the deep-rooted inequality in access to technology — depriving advocates from certain demographics of their livelihood. A survey conducted by the Vidhi Centre for Legal Policy of 2,800 advocates across eight high courts revealed that there exists a large pay gap between the earnings of entrants and senior advocates in the litigation profession. Eighty per cent of practising advocates, who were part of the pilot survey in Delhi, responded that advocates with up to two years of practice earn anywhere between Rs 5,000 and Rs 20,000 monthly. Shockingly, 40 per cent of young advocates from the High Courts of Allahabad, Bombay, Kerala, Madras, and Patna earn only between Rs 2,000-5,000 monthly, while 50 per cent from the Calcutta High Court said that they earn less than Rs 10,000 a month.

This gives a realistic picture of what could likely be the state of affairs of advocates who practise in semi-urban or rural areas. It is unfair that the system expects these advocates to have access to the Internet, advanced digital equipment, and keep themselves abreast of the latest technological developments in the ecosystem. Undoubtedly, this results in litigation being dominated by a handful of elite advocates who have the privilege to log in from the comfort of their homes or chambers and attend hearings on multiple windows across different high courts and the Supreme Court simultaneously.

Connectivity and technological competence

Robust Internet connection and superior video conferencing facilities are other critical requirements for an uninterrupted virtual court proceeding. The 103 report of the Parliamentary Standing Committee identifies connectivity divide or access to broadband Internet as roadblocks to digital courts. Even the district judiciary in Delhi was unable to provide adequate bandwidth, network-attached storage, and routers for conducting virtual hearings. The high court had to direct the government to procure the necessary hardware to ensure access. The issue is not just confined to the courts, but extends to a substantial number of litigants and advocates as well, who are vulnerable to being excluded from the process of justice delivery due to heterogeneity in Internet penetration.

The last in this genre of challenges is the large proportion of judges, court staff, and advocates who do not have sufficient knowledge and skill to use technology. Legal acumen does not necessarily translate to technological competence, and it is vital that adequate training be imparted to ease the transition from traditional paper briefs to screens and systems.

A coordinated effort to address a gamut of issues

Access to foundational infrastructure, stable Internet connection, and the ability to use technology in the conventional work routines are only some of the teething problems that the justice system is facing. Ensuring secure video and audio conferencing without compromising the privacy of the litigants and adhering to the ‘open court’ principles are key challenges that will need the system’s due attention. On the criminal justice side, the judiciary has another gamut of issues to consider while integrating its processes with technology.

Better coordination between the judiciary and the government concerning the allocation of funds and procurement of necessary hardware and inclusion of experts to design and build the standards and specifications for the software to enable the digital transformation of the judiciary at all tiers are urgent requirements. The road ahead does not look easy unless all the stakeholders cooperate to overcome bureaucratic hurdles, prioritise funding to address the foundational problems, and build systems that are inclusive to ensure better access to justice.

Reshma Sekhar is Senior Resident Fellow with the Justice, Access and Lowering Delays in

Source: The Print, 1/11/21

Monday, November 01, 2021

Quote of the Day

 

“Almost everything you do will seem insignificant, but it is important that you do it.”
Mahatma Gandhi
“आपका कोई भी काम महत्त्वहीन हो सकता है, किंतु महत्त्वपूर्ण तो यह है कि आप कुछ करें।”
महात्मा गांधी

Economic and Political Weekly: Table of Contents

 

Vol. 56, Issue No. 42, 16 Oct, 2021

Current Affairs-November 1, 2021

 

INDIA

– Climate Equity Monitor website on global climate policy launched in India
– Culture Ministry launches three competitions to celebrate Azadi ka Amrit Mahotsav: Desh Bhakti Geet writing, Rangoli Making and Lori writing
– Nationwide Clean India campaign culminates with Fit India Plog Run
– Plogging is a unique activity that combines fitness and cleanliness, in which participants collect litter while jogging
– 146th birth anniversary of Sardar Vallabhbhai Patel celebrated as National Unity Day
– 260 ITBP personnel awarded special operation medal for service during eastern Ladakh standoff
– Union Minister Dr Jitendra Singh dedicates ‘Sardar Patel Leadership Centre’ to the Nation at LBSNAA (Lal Bahadur Shastri National Academy of Administration) Mussoorie
– U.S. returns 250 antiquities to India worth an estimated $15 million

ECONOMY & CORPORATE

– Customers can now subscribe to Atal Pension Yojana via Aadhaar eKYC: Pension Fund Regulatory and Development Authority (PFRDA)
– Amit Shah, Union Minister of Home Affairs and Cooperation launches the “Dairy Sahakar” scheme for cooperatives at Anand, Gujarat during the 75th Foundation Year celebrations of Amul
– Finance Ministry approves proposal by the Board of Trustees of the Employees Provident Fund Organisation (EPFO) to provide 8.5% rate of interest for the deposits for 2020-21
– Former SC judge Justice Ashok Bhushan appointed as Chairperson of NCLAT (National Company Law Appellate Tribunal)
– Former HC judge Justice Ramalingam Sudhakar appointed as President of NCLT (National Company Law Tribunal)

WORLD

– PM Modi, French President Emmanuel Macron decide to expand Indo-Pacific partnership
– Leaders of G20 countries endorses global minimum tax of 15% on multinational corporations at Rome Summit
– G20 leaders agree on limiting global warming to 1.5 degrees Celsius target at Rome Summit
– World Cities Day observed on Oct 31

G-20 Summit adopts Rome Declaration

 

Key Points

  • Prime Minister Narendra Modi described the summit as fruitful
  • During the summit, leaders elaborated deliberations on issues of global importance like fighting covid-19 pandemic, improving health infrastructure, strengthening economic cooperation and furthering innovation.
  • They also adopted the ‘Rome Declaration’ and under the health section communique gives a very strong message. Countries agreed on the fact that, Covid-19 immunisation is a global public good.
  • During the summit, countries also agreed that the World Health Organisation (WHO) will be strengthened to fast-track the process for emergency use authorisation of Covid-19 vaccines.
  • Main focus of the session was on energy and climate.
  • Several developing countries called for safeguarding the interest of developing world.

Rome Declaration

The Rome Declaration consists of 16 mutually agreed principles, which aims to guide joint action for preventing future health crises and to build a safer, equitable and sustainable world. 16 principles are as follows:

  1. Supporting and enhancing the existing multilateral health architecture for detection, response, prevention and preparedness.
  2. Working towards monitoring & implementation of multi-sectoral, evidence-based One Health approach in a bid to address risks emerging due to interface between human, animal & environment.
  3. Fostering all-of-society and health-in-all policies.
  4. Promotion of multilateral trading system
  5. Enabling equitable, affordable and global access to high-quality, safe & effective health systems.
  6. Supporting low and middle-income countries in a bid to build expertise, and develop local & regional manufacturing capacities.
  7. Focus on data sharing, capacity building, voluntary technology and licensing agreements.
  8. Enhancing support to existing preparedness and prevention structures.
  9. Investing in worldwide health & care workforce
  10. Investing in adequate resources, training, and staffing of diagnostic public & animal health laboratories.
  11. Investments for developing and improving inter-operable early warning surveillance, information, and trigger systems
  12. Investments in domestic, international & multilateral cooperation for the purpose of research, development & innovation
  13. Increasing effectiveness of preparedness & response measures by extending support and promoting meaningful & inclusive dialogue
  14. Ensuring effectiveness of financing mechanisms
  15. Coordination on pharmaceutical and non-pharmaceutical measures and emergency response with respect to sustainable and equitable recovery
  16. Addressing the need of streamlined, enhanced, sustainable and predictable mechanisms for financing pandemic preparedness, prevention, detection and response in long term.

The importance of inclusive healthcare

 

Discussions about healthcare need to go beyond availability, affordability. Providing equitable, high-quality care to all requires recognising — and celebrating — differences among traditionally disenfranchised populations


Everyone deserves the right to dignified healthcare, regardless of their physical, professional, and geographical circumstances. Yet, India’s health systems too often fail vulnerable and marginalised people, who face a variety of obstacles in accessing high-quality care. Think of the stigma that prevents sex workers from full access to health resources or the discrimination that LGBT individuals face. Or the dearth of geriatric care to meet the needs of the elderly, or the lack of accessible and quality care for Dalit, Bahujan, and Adivasi (DBA) communities.

The Covid-19 pandemic exposed how pervasive these inequities are — and the extent to which healthcare cannot be separated from the economic, social, and cultural circumstances in which it is provided. These inequities have existed all along, and the crisis has only deepened them.

We believe the health system in India needs to fully include everyone. To get there, discussions about healthcare need to go beyond addressing availability and affordability. Providing equitable, high-quality care to all requires recognising—and celebrating—differences among traditionally disenfranchised populations. The specific healthcare needs of these communities must be understood and addressed.

Leaders of organisations that work closely with disenfranchised groups point to several reasons why some communities are marginalised by the health system. Most prominently, vulnerable populations usually play little or no part in developing and delivering healthcare services. As a result, services may be geographically, culturally, or in other ways inaccessible, and not meet the unique needs of the community.

“Creating equitable health systems is, at its core, a design issue,” noted Dr Nirmala Nair, co-founder of the Jharkhand-based nonprofit Ekjut, which works with India’s tribal communities. “The voices of these populations are often not heard.” To combat this problem, Ekjut organises tribal community meetings at the onset of the programme to engage them from the planning stage. Ekjut also conducts outreach to ensure that the poorest among those it serves participate in these meetings.

Social stigma and discrimination also pose significant obstacles. Some patients feel judged by providers because of their socioeconomic status or profession. “This judgement deters health-seeking attitudes. There is a feeling of not being wanted,” said Priti Patkar, founder of Prerana Anti-Trafficking, which aims to end intergenerational prostitution and protect women and children from human trafficking. As a result, Patkar said, patients frequently forego care or turn to local, informal providers who lack requisite knowledge and training.

Another hurdle is that healthcare systems often take an overly narrow approach when working with marginalised communities. For example, according to Patkar, healthcare for sex workers has focused almost exclusively on the treatment and prevention of HIV and other sexually transmitted diseases, ignoring other pressing health needs.

Finally, some providers lose sight of the fact that everyone, regardless of their circumstances, has value to broader society. When they do, treatment practices suffer and patients become demoralised. “At the onset of disability, if the patient is told that there is no cure, to them, that means life is over, and it shouldn’t,” said Shanti Raghavan, founder of Enable India, an NGO that supports livelihoods for people across 14 types of disability. “Instead they need rehabilitation and solutions to regain their quality of life.”

Raghavan notes that when people with disabilities receive the timely support required to regain their functional abilities—including basic forms of assistance, such as crutches or wheelchairs—many can thrive personally and professionally, sometimes “earning four or five times the national average.”

Elevating communities’ voices can contribute to better care, and collaborative action is one way to do that. For instance, our organisations, The Bridgespan Group and Piramal Swasthya, have partnered with others like the Bill and Melinda Gates Foundation to design and implement Anamaya, a recently launched tribal health collaborative. Anamaya brings together government, philanthropy/donors, NGOs, academic research organisations, and other stakeholders to work for improved tribal health outcomes.

Investing in high-quality training and support for community healthcare is another avenue for change. “It is not difficult to map out the NGOs, the communities they are working with, and what their needs are,” said Dr Thelma Narayan, co-founder of the Society for Community Health Awareness Research. “We need to do this with a sense of urgency.”

Much is also gained by employing members of traditionally vulnerable communities within healthcare systems—and celebrating their differences. These workers draw on shared experiences to develop greater trust with patients and deliver more empathetic care. For example, the ASARA project of Piramal Swasthya in the Vishakhapatnam tribal belt has engaged auxiliary nurse midwives from tribal communities, who help transcend language and cultural barriers and incorporate their lived experiences into healthcare delivery. Where the community-led programme has been implemented, maternal deaths have fallen to zero.

Covid-19 has revealed the urgency of engaging these communities with more focus and empathy. Real action is needed to build inclusive health systems that enhance communities’ confidence to seek healthcare, and provide acceptable health services. “We don’t lack resources in India,” Narayan said. “If we don’t go ahead with this, we have only ourselves to blame.”

Pritha Venkatachalam is a partner and head of market impact, South Asia in The Bridgespan Group’s Mumbai office, and Sudeshna Mukherjee is vice president – behaviour change communication at Piramal Swasthya

Written by Pritha Venkatachalam and Sudeshna Mukherjee

Source: Indian Express, 31/10/21