Thursday, 29 January 2015

Two child norms :Panchayats

India: The two-child norm, a sword hanging over women

Apr 25, 2013
The two-child norm, introduced in India for local government, or panchayat, elections in 1992, has affected the political participation of women primarily from marginalised communities, writes Swapna Majumdar.
Delhi: When Kanti Naik, 38, won elections to the ward panchayat in Banda in Angul, Odisha, in 2007, she was overjoyed. Having studied only up to Class 2, her life till then had revolved around cooking, cleaning and looking after her husband, three daughters and two sons. But after winning from the reserved seat with a huge majority, she saw this as an opportunity to do something more by reaching out to other women in her scheduled caste community.
Little did she know that her dream was short-lived. Four months after elections, a complaint was filed by her opponent demanding she be dismissed for violating the two-child norm eligibility criteria laid down for contesting panchayat positions in Odisha. When she appeared before the District Collector, who had sent her the notice, she explained that no one had raised any objections when she had filed her nomination. Therefore, she should be allowed to continue.
But Naik had to step down. “This incident depressed me. I did not know about the two-child norm and that I would be affected by it. Everything was over within eight months of my election. I didn’t even get an opportunity to do any work,” she rues.
Naik is not the only woman who has felt betrayed. The two-child norm, introduced in India for local government, or panchayat, elections in 1992, has affected the political participation of women primarily from marginalised communities. “The norm seriously affects the political participation of women from the dalit, adivasi and other backward communities. It has led to their disqualification, as most of them have more than two children. This norm has disempowered women thereby undermining the basic principal of the 73rd Constitutional Amendment,” contends Abhijit Das, convenor of the New Delhi-based National Coalition Against Two-Child Norm and Coercive Population Policies.
It was soon after the 1991 Census that the government adopted the two-child norm recommended by former Kerala Chief Minister K. Karunakaran in a bid to control India’s growing population by prohibiting persons with more than two children from holding any post in the panchayats and urban local bodies. States which follow this norm include Odisha, Andhra Pradesh, Bihar (applicable in municipalities), Gujarat, Maharashtra and Rajasthan.
According to the National Family Health Survey, NFHS 3 (2005-06), most Indian states, including some high fertility states in the north, have reached replacement level fertility. In other words, a majority of couples do not wish to have more than two children. And yet, some states continue to push the two-child norm, instead of focusing on increasing access to healthcare and family planning services. This violation of women’s reproductive rights is inherent in denying those with more than two children the benefits of over 20 government schemes related to maternal and child health, either overtly or covertly.
Health activists feel the government is promoting this policy in the name of population stabilisation. Centrally sponsored schemes that deny benefits to women with more than two children include the Indira Gandhi Matritva Sahyog Yojana, National Maternity Benefit Scheme, Ballika Samriddhi Yojna, Janashree Bima Yojna, Shiksha Sahayog Yojna and the Janani Suraksha Yojna.
State governments also promote similar programmes. Schemes such as Devi Rupak (Haryana), Mamata (Odisha), Bhagyalakshmi (Karnataka), Girl Child Protection scheme (Andhra Pradesh), Balri Rakshak Yojna (Punjab), Ladli (Delhi), Pannadhai Jeevan Amrit Yojna (Rajasthan) and Ladli Lakshmi Yojna (Madhya Pradesh) are some of the initiatives that seek to reward women with only two children. “Poor women know one out of every 15 children born to them will not survive until the first birthday due to our shocking rates of infant and newborn mortality. So they are desperate to have at least one or two that will stay alive. But they find themselves excluded from benefits because of such conditions,” says Jashodhara Dasgupta of the National Alliance for Maternal Health and Human Rights (NAMHHR), a group of 17 NGOs working on gender and health.
In Odisha, where the two-child norm has been in place since 1994, innumerable women in the reproductive age group have been impacted with the minimum age for contesting elections having been lowered from 26 to 21 years. According to a 2007 study conducted Sama Resource Group for Women and Health, a New Delhi-based NGO promoting women’s right, the implementation of the norm led to an increase in pre-natal sex determination tests resulting in the abortion of female foetuses.
Six years on, the situation hasn’t changed. According to Sukanta Mahapatra of the Hunger Project in Odisha, the enforcement of the two child norm on panchayat representatives has led to increased discrimination against the girl child and worsening the already declining child sex ratio in the state. There has been a sharp decline in the child sex ratio - from 953 girls for every 1000 boys in the 0-6 year age group in 2001 Census to 934 in the latest 2011 Census. “A rise in sex selective abortions leading to a skewed sex ratio is further perpetuated with the prevalence of this norm. While it is true that these problems were not created just by the two child norm, its existence has worsened women’s health and wellbeing,” says Mahapatra.
Ironically, while Odisha has increased reservation for women in local bodies from 33 per cent to 50, the two child norm acts as a barrier for their effective political participation. “The norm only benefits and strengthens traditional structures of patriarchy that have always restricted women’s entry into public space,” adds Mahapatra.
Sabita Sethi, who won the ward elections in Balianta block of the state’s Khurda district, had to pay a heavy price for her success. Although she was able to win over her conservative husband to be able to contest, she was forced to give her youngest daughter up for adoption after objections were raised on the number of children. She had three daughters.
According to Anuradha Mohanty of the Peoples Cultural Centre, an NGO working in Khurda, the district with one of the lowest child sex ratio in the state, “In 2001 Census, the child sex ratio was 926 girls for 1000 boys. This has now gone down to 910 girls. We think that the two-child norm has certainly played a role in its decline,” she states.
In Gujarat, a recent study on the two-child norm for elected representatives of Panchayati Raj Institutions in the state found that it had become a tool to settle personal scores and eliminate political opponents. The 2011 study, conducted by Surat-based Centre for Social Studies, reveals that the law had no structured implementation mechanism and only worked through the complaint route. Action was only initiated if someone complained about the third child. This had fuelled local power politics at the village level.
According to the Coalition for Two Child Norm, women face negative consequences of implementation of the norm directly (as candidates) as well as indirectly (as spouse of those disqualified) in the form of desertion, forced abortions, neglect and death of female infant or female child being given up for adoption.
So, is this norm necessary to speed up the process of population stabilisation? There is no evidence to show that this policy has led to decline in fertility rate. On the contrary, there is proof of how it has violated women’s reproductive, human and political rights. There is data to also show that the availability of basic public services is significantly higher in female sarpanch (panchayat head) villages compared to the male sarpanch villages when the former have been in the job for three to three-and-a-half years. Authors of the study, ‘Can the Female Sarpanch Deliver?’ conducted in Sangli, Masharashtra, concluded that reservations have had a significant positive impact on the democratic participation of women. Surely, all this is enough evidence to convince governments to do away with the discriminating two child norm.

Taken from : http://southasia.oneworld.net/features/india-the-two-child-norm-a-sword-hanging-over-women#.VMn7fmiUde-

The “too many, too little” myth
Supreme Court judgement on two-child norm

Amita Bhaduri
THE Supreme Court of India has recently (12.10.2004) upheld the decision to disqualify a member of panchayat in Haryana, for violating the two-child norm. Although the norm is not legally binding, the court still contended that it was “in the national interest to check population growth” and that it included the use of legislative disincentives. At present six states including Haryana, Rajasthan, Orissa, Madhya Pradesh, Andhra Pradesh and Himachal Pradesh have made the two-child norm mandatory for all panchayat members. Hundreds of Panchayat members have been removed from their posts in these states because they failed to comply with the two-child norm. Many women have also been forced to step down despite having a very limited say in matters of reproductive choice. Indeed, the two-child norm has been a clever way of defusing the potentially empowering impact of reservation for women in the panchayats.
In an attempt to cover up the birth of the third child panchayat members are now reportedly resorting to sending their pregnant wives away for two-three years, divorce, alleging infidelity, getting their third child adopted, producing fake birth certificates and increased sex selective abortions. Several states have gone to the extent of laying down a diktat that government jobs too would be denied to people who have more than two children. Those already in service would not be promoted for five years if they opted to have a third child. This rule is already being implemented in Rajasthan; other state governments including Maharashtra, Delhi and Gujarat are eager to introduce it.
The Supreme Court ruling is clearly not in line with the National Population Policy, 2000 and the government has gone on the defensive with the Central Health Minister Anbumani Ramadoss stating that imposing two-child norm “constitutes a violation of fundamental rights”. While he ruled out the idea of incorporating any element of coercion into the National Population Policy, the government’s position remains dubious. On the other hand the BJP has demanded that the Centre strictly implement the two-child norm equally across all communities to arrest the ‘skewed’ population growth rate. The obnoxious statement by Venkiah Naidu implying a surgical solution to the ‘Muslim population’ is in step with the BJP’s communal agenda.
In recent weeks women rights groups have joined the opposition to the two-child norm. But their opposition remains mostly limited to the upholding of women’s reproductive rights in isolation from qualitative economic and political changes. In fact, several state led and international agencies are already pushing forward various methods of fertility control, under the guise of broadening women’s reproductive rights and choices without making any substantial improvements in their lives. The Reproductive and Child Health (RCH) programme in our country focuses on demographic targets rather than girl’s education. In other words, women continue to be treated as reproductive agents and not political or economic agents in their own right, subsumed under the objectives of population control policies designed to curb the fertility of the poor.
There are yet others who have gone beyond the demand for access to reproductive rights and have said that women if given proper access to education, health care and social opportunity will have fewer children. The civil rights groups on the other hand, have variously called the two-child norm as an attack on individual freedom and fundamental rights, a dehumanising programme that violates human reproductive, rights and of being ‘morally wrong’. They point that the norm is discriminatory vis-a-vis the poor, dalits, tribal groups and minorities. They insist that the population problem can be handled in more sensitive and sensible ways and that the aim should be population stabilisation and not population control.
The Supreme Court judgement is in fact reminiscent of a Malthusian ahistorical emphasis on population (stabilisation) to explain all social, economic and political problems. More than anything else, it seems like a restatement of the ‘population time-bomb’ hysteria, originally fathered by Malthus, an English clergyman of the 18th century, and fuelled more recently by environmentalist Paul Ehrlich in 1970s. Malthus had blamed social unrest and crime of the industrial revolution on the excessive breeding of the ‘underclasses’, and Ehrlich’s followers, argue that population control is the solution to global poverty, famine, a declining environment and deteriorating standards of public health. Marx’s critique of the Malthusian principle of population is based on the principle of the reserve army of labour or relative surplus population, which he elaborates in the course of his analysis of the general law of capital accumulation. An effect of capital accumulation is that the demand for labour results in the inevitable production of a reserve army of labour. According to Marx, there was need to examine population historically, as each mode of production has its own laws of population. Today’s problems have to be understood as effects of uneven global capitalist development and not as natural laws of population as the Supreme Court judgement insinuates. Or is the Supreme Court judgement the beginning of a renewed rhetoric to rationalize the extermination of the poor?

Taken from : http://www.cpiml.org/liberation/year_2004/November/commentary_supreme_Court_judgement.htm


Emergency without an Emergency? The two-child norm for panchayat members

By Mohan Rao
Laws to empower dalits, adivasis, OBCs and other sections of the poor through local self-government institutions are being circumvented by anti-democratic population policies. Indeed, if today fertility is to be a marker for citizenship, can the day be far behind when religion is?
Historical memories are notoriously weak, but the Emergency, not too long ago, was a period when the trains supposedly ran on time, and the government finally showed political will in the implementation of the family planning programme. It was also a period when the right to strike was abrogated. Both these measures met with widespread middle class support. Never mind that the Emergency period also witnessed the death of 1,774 people due to what were called "family planning excesses", the highest mortality toll imposed by a "welfare" measure throughout the world. These "excesses" also cast a deep dark shadow over the family planning programme from which it is still to recover.
In recent weeks the Supreme Court of India has passed two judgements that eerily recall this period. Do we then have an Emergency declared by the judiciary? The first is the judgement on July 30. A three-judge Bench of the Supreme Court upheld a Haryana government law prohibiting a person from contesting or holding the post of sarpanch or panch in a Panchayati Raj Institution (local self-government) if he or she had more than two children. The Bench observed that "disqualification on the right to contest an election for having more than two children does not contravene any fundamental right, nor does it cross the limits of reasonability. Rather, it is a disqualification conceptually devised in the national interest". A few days later, on August 6, the Supreme Court also passed a judgement that prohibits government employees from resorting to strike.
While trade unions and some political parties have reacted sharply to the second judgement, there has been widespread approbation among the middle classes and the elites to the first. Political parties and trade unions have of course remained largely silent.
But this is not only a serious misreading of the relationship between population and resources, it is also an egregious assault on the fitful process of democratisation in our country. Indeed it is thoughtless folly that laws to empower dalits, adivasis, OBCs and other sections of the poor through PRIs are being circumvented by these imaginatively anti-democratic population policies.
When the "population bomb" predicted by neo-Malthusian doomsday Cold Warrior demographers failed to materialise, when it was understood that one reason for the failure of family planning programmes globally was the constraints on women's agency, the international population control movement - with the western feminist movement providing the leadership - initiated what has been described as a "paradigm shift". One central aspect of the paradigm shift is that family planning services are to be broadened in order to attend to women's - and indeed men's -- reproductive needs and rights and not as a function of control of a non-existent "population explosion".
There is a vast amount of empirical evidence of the profoundly anti-Malthusian relationship between population and resources. Tilly, on the basis of a historical review, concluded: "Over the long run, population growth and economic expansion generally accompany each other. Likewise economic decline and demographic contraction tend to occur together" (Tilly 1978: 24).[1] The classic by Habakkuk on population growth in 18th-century England outlines five ways in which substantial population increase stimulated economic growth (Habakkuk 1971).[2] Kuznets concluded that, other things being equal, population growth also has a positive effect on savings (Kuznets 1956).[3] Indeed, examining regional statistics on the growth of population and industry, the favourable economic effects of population density and population growth are "confirmed to an embarrassing degree" (Clark1968:279)[4]. One striking empirical truth in the history of health is that improvements in human longevity have been associated with increases in human populations. A graph of the growth of populations superimposed on that of human longevity reveals their astonishingly close association. All these lessons were lost to us in Cold War politics that brought to the fore a completely different, and alarming, understanding of the issue.
A more recent and comprehensive 1986 review sponsored by the US National Academy of Sciences issued a cautiously worded statement, to the dismay of the community of doomsday demographers, noting that population growth has both positive and negative impacts and that the actual net impact cannot be determined based on existing evidence.
Reflecting both this understanding, and the commitments made at the ICPD in 1994 in Cairo in February 2000, the Government of India adopted the National Population Policy 2000 (NPP). One undoubtedly positive feature of the NPP is that it resolutely affirms the "commitment of the government towards voluntary and informed choice and consent of citizens while availing of reproductive health care services, and continuation of the target-free approach in administering family planning services" (GOI: 2000:2)[5]. Committing itself to respect for human rights and the freedom and dignity of women, these were translated into a non-target-oriented family welfare programme, which rightly abjured incentives and disincentives.
Several state governments on the other hand, some at the behest of an American consultancy firm, Futures Group, whose function it has been to recreate fears of the population explosion, announced population policies which very significantly violate the letter and the spirit of the NPP.
Andhra Pradesh, that dream experimental state of the World Bank, lists an astonishing series of incentives and disincentives. At the community level, performance in reproductive child health (RCH) and rates of couple protection will determine the construction of school buildings, public works and funding for rural development programmes. Performance in RCH is also to be made the criterion for full coverage under programmes like TRYSEM, DWCRA, Weaker Section Housing Scheme, and Low Cost Sanitation Scheme. Allotment of surplus agricultural land, housing sites, as well as benefits under IRDP, SC Action Plan, and BC Action Plan are to be given in preference to acceptors of terminal methods of contraception. Educational concessions, subsidies and promotions as well as government jobs are to be restricted to those who accept the small family norm. Shockingly, a lottery with an award of Rs 10,000 is to be given to three couples to be selected from every district on the basis of a lucky dip. The eligible include three couples per district with two girl children adopting permanent methods of family planning, three couples per district with one child adopting permanent methods of family planning and three couples per district with two or less children adopting vasectomy.
The population policies of Uttar Pradesh, Rajasthan and Madhya Pradesh also carry many of these features. All of them debar women with more than two children from contesting elections to Panchyati Raj Institutions. The Uttar Pradesh population policy also disqualifies persons married before the legal age of marriage from government jobs, as if children are responsible for child marriages. Further, 10% of financial assistance to Panchayats is to be based on family planning performance. Indeed, fearfully recalling the Emergency, the assessment of the performance of medical officers and other health workers is linked to performance in the RCH programme.
A number of health groups and women's groups in the country have repeatedly protested these draconian features of state population policies. Their objections are based on compelling grass-roots experience that pointed out that these disincentives and incentives are anti-women,
anti-adivasi, anti-dalit, anti-child and anti-poor in general. They are also
profoundly violative of human and democratic rights and commitments made by the Government of India in several international covenants.
The National Family Health Survey (NFHS) for 1998-99 shows that the Total Fertility Rate (TFR) is 3.15 for Scheduled Castes, 3.06 for Scheduled Tribes, 2.66 among Other Backward Castes and 3.47 among illiterate women as a whole. It is, in contrast, 1.99 among better-off women and thus likely to be educated beyond the tenth grade. Imposition of the two-child norm, and the disincentives proposed, would mean that the majority of these already deprived populations would bear the brunt of the state's withdrawal of ameliorative measures, pitiably inadequate as they are. With the recent Supreme Court judgement the majority of these populations will be debarred from their right to contest elections in one fell stroke. This is in fact another guise of the old property requirement for franchise in the years before universal suffrage.
In the states where these laws have been imposed, as in Haryana, Madhya Pradesh and Rajasthan, scores of cases have been documented where women have been deserted, or forced to undergo sex-selective abortions. Children have also been abandoned or given up for adoption. In general, such a norm provides an impetus for an increase in sex-selective abortions, worsening an already terrible child sex ratio in the country.
As the NPP itself acknowledges, there is a large need for health and safe contraceptive services. To propose punitive measures in this context is clearly absurd. Reflecting deprivation, the dalits, adivasis and Other Backward Castes bear a significantly higher proportion of the mortality load in the country.
The NFHS for 1998-99 notes that the Infant Mortality Rate(IMR) among the SCs, STs and Other Backward Castes is 83, 84 and 76 respectively, compared to 62 for Others. Similarly the under-5 mortality rate is 119 among the SCs, 126 among the STs, 103 among the OBCs, compared to 82 among the Others. Clearly, to impose a two-child norm under such circumstances is to widen inequalities among our people. Would the Supreme Court consider, equally, a norm for child survival?
Health and women's groups approached the National Human Rights Commission (NHRC) last year with a memorandum that the two-child norm was discriminatory, anti-democratic and violative of commitments made by the Government of India in several international covenants. The NHRC, obviously convinced of some aspects of this case, in response issued orders to the concerned state governments. At a National Colloquium on January 9 and 10, 2003, attended by representatives of these state governments, a Declaration was issued.
This NHRC Declaration "notes with concern that population policies framed by some State Governments reflect in certain respects a coercive approach through use of incentives and disincentives, which in some cases are violative of human rights. This is not consistent with the spirit of the National Population Policy. The violation of human rights affects, in particular the marginalised and vulnerable sections of society, including women".
Of special interest to the learned judges of the Supreme Court should be that the Declaration also noted: "further that the propagation of a two-child norm and coercion or manipulation of individual fertility decisions through the use of incentives and disincentives violate the principle of voluntary informed choice and the human rights of the people, particularly the rights of the child".
We thus have the piquant situation where judges of the Supreme Court are apparently unaware of these serious concerns of the NHRC. It needs to be recalled that there is a significant demographic transition occurring in the country; to hasten this requires investments in health, education, food and employment - all areas being compromised by neo-liberal policies. What is clearly not required are counter-productive punitive measures. It also perhaps needs to be recalled that given the age structure of the population, there is an in-built momentum which coercive measures can do nothing about.
There also needs to be discussion about the function of justice. Perhaps it is now naïve to believe that this is to uphold truth; and that it is also to enhance freedoms and opportunities and not curtail them in the interests of ill-defined national objectives. But if today fertility is to be a marker for citizenship, can the day be far behind when religion is?
(Mohan Rao teaches at the Centre of Social Medicine and Community Health, Jawaharlal Nehru University, New Delhi)
  1. Tilly, Charles (1978), "Introduction" in Charles Tilly (Ed), Historical      Studies of Changing Fertility, Princeton University Press New Jersey.
  2. Habakkuk, John (1971), Population Growth and Economic Development      since 1750, Leicester University Press, Leicester.
  3. Kuznets, Simon (1956), Economic Development and Cultural Change,     Chicago University Press, Chicago.
  4. Clark, Colin (1968), Population Growth and Land Use, Macmillan,      London. 
  5. Government of India (2000) Ministry of Health and Family Welfare,     National Population Policy 2000, New Delhi.
InfoChange News & Features, August 2003
Taken from : http://infochangeindia.org/governance/features/emergency-without-an-emergency-the-two-child-norm-for-panchayat-members.html


Two-child norm puts panchayats under pressure

By Rashme Sehgal
The mandatory two-child norm for panchayat members, that exists in many Indian states, is proving to be more divisive than productive, with many women being forced to step down from their posts despite having little say in the number of children they have
In Rajasthan, a woman sarpanch was forced to smuggle her one-month-old baby to her mother's house, located 120 km away from her home. The child is being brought up by its grandmother. "If I had not done so, the villagers around me would have complained to the local collector and I would have been disqualified from my post," says Sitara Devi who lives near Kotah.
In Madhya Pradesh, an equally frightened Ahmed Hasan, who lives 80 km away from Bhopal, sent his newborn son to live with his elder brother for fear that the local sarpanch would complain about him because he had had his third child.
Hasan points out that before his election to the post he had done a great deal of work in the village. "I could not let all that go waste simply because I had failed to comply with the mandatory two-child norm."
Presently, six states including Haryana, Rajasthan, Madhya Pradesh, Andhra Pradesh and Himachal Pradesh have made the two-child norm mandatory for all panchayat members. The governments of all these states insist that those with more than two living children are debarred from contesting panchayat elections or remaining in office. With the minimum age for contesting elections having been lowered from 26 to 21 years, this immediately affects lakhs of younger men and women within the reproductive age-group.
The passing of the 73rd constitutional amendment made it mandatory for 33% of all panchayat seats to be reserved for women. It also mandated quotas for socially marginalised sections including dalits and those belonging to scheduled castes and scheduled tribes (SC/STs).
But it's the two-child policy that has had the greatest impact on women and marginalised sections of society. Nirmala Buch, who runs a Bhopal-based NGO, Mahila Chetna Manch (MCM), points out that already 412 panchayat members in Rajasthan have been removed from their posts, over the past three years, because they failed to comply with the two-child norm.
Buch says: "In Madhya Pradesh, 350 panchayat members have been removed and in Haryana the number of those removed is 275. In Madhya Pradesh, all those who were removed from their posts were tribals. They are not with the laws of the land, and instead of encouraging them to join this process they are being forced to turn away."
Buch is in the process of tabulating the figures of those removed in Orissa, Himachal Pradesh and Andhra Pradesh. The MCM was asked to conduct a study on the impact of the two-child policy by UNIFEM. Buch claims her organisation has interviewed several thousand panchayat members in order to compile the report. Most of the people who have been removed, she says, are either Muslims or belong to SC/STs and other backward castes (OBCs).
Women are undoubtedly the worst affected. The majority have no say over exercising their reproductive choices. And, with preference for a male son continuing to be the norm especially at the village level, families have no objection to women stepping down from their posts in order to give birth to at least two or three sons.
Twenty-six-year-old Kalavati, from a village outside Bundi in Rajasthan, points out: "Being an OBC, I was elected on a reserved seat. During the first term I was too scared to open my mouth and remained a rubber stamp member. It was only during my second term that I began to speak out. The birth of my third child forced me to step down. The government only talks of helping us. If they had wanted to they could have allowed me to continue since I was working to improve the lot of others in my village."
Panchayat members consider their position as stepping-stones in their political careers. They also see it as a major boost to their career prospects. As a result they are willing to go to any lengths to cover up the birth of a third child. From opting to send their pregnant wives away for two to three years, to divorce, to alleging infidelity, to getting their third child adopted, to producing fake birth certificates.
Buch says: "As it is, village politics is getting so divisive. This encourages people to spy on each other and accelerate caste divisions."
Certain states have gone to the extent of laying down a diktat that government jobs too would be denied to people who have more than two children. Those already in service would not be promoted for five years if they opted to have a third child. This rule is already being implemented in Rajasthan; other state governments including Maharashtra, Delhi and Gujarat are keen to introduce it. If they have not already done so it is only because several NGOs oppose the move.
The rule has been criticised by both the National Population Policy and the ministry of health. They point out that the entire thrust of the new panchayat policy is to get more and more young people to join politics. Ministry officials point out that with contraception and safe family practices not always being available at the village level, a cast-iron rule like this is bound to backfire.
The state governments are only too aware of the high infant mortality rates that persist at the village level. This fact seems to have been completely bypassed when the rule was being introduced.
Prasanna Hota, secretary at the ministry of family welfare, says: "We have been trying to convince state governments not to favour incentives or disincentives for restricting family size. But this does not work at the ground level."
Mani Shankar Aiyar, panchayati raj minister, is obviously unhappy with the implementation of the two-child norm. He says: "Unfortunately, this is a state subject and should be challenged at the state level. Or else, some NGO or individual needs to file a PIL in the Supreme Court so that this whole issue can be looked at impartially."
(Rashme Sehgal is an independent writer and journalist based in New Delhi)
InfoChange News & Features, August 2004

Taken from : http://infochangeindia.org/population/analysis/two-child-norm-puts-panchayats-under-pressure.html


Tuesday, 27 January 2015

Rajasthan Panchayati Raj (Second Amendment) Ordinance, 2014

What is it make? 
Rajasthan state government has passed an ordinance (Jan 5,2015) fixing the minimum educational qualification for the panchayati raj elections. For the post of sarpanch, Class VIII is the minimum qualification, while posts in the zilla parishad require a Class X pass. 
Government Justification
There are three lines of justification advanced by the BJP government: 
  1. first, that PRI representatives play an executive role and are embroiled in corruption cases and often use their ignorance of law/rules as an excuse when they are investigated. 
  2. The second line of justification, advanced even by the BJP government at the Center is that this idea was originally mooted by the Congress-led government in Rajasthan and thus the Congress party cannot reasonably oppose this amendment now. 
  3. Other supporters of the ordinance have sought refuge in its alleged legality citing the Supreme Court, which held that the right to contest elections is a statutory not fundamental right and the states are competent to legislate eligibility criteria in the appropriate statute. 



Criticism: 

  • Hence this ordinance is a major setback to ensuring gender equality in panchayati governance.

The literacy level in Rajasthan is one of the lowest, more so among the women and tribals which is the absolute lowest in India. According to 2001 census, this will keep around 82.5% of people out of the democratic process. nearly, 90% of them will be women and tribals. In this way, the ordinance will make the panchayati raj institution elitist, gender-biased and out of reach of people whose talents and capabilities do not have a certificate of formal education institutions.
1. Benchmarking the Qualification is no guarantee of good governance. 
2. It has an inbuilt threat of women elite capture.
3. About 80% of rural female will be excluded. This challenges the entire gamut of women empowerment through reservation.
4. The above change is unacceptable unless similar proposal is issued for state and union election.
5. There are several examples of illiterate women sarpanches who have received national and international recognition for their exemplary good governance.
6.It runs opposite to participation and gender equality fostered in Article -14.

2011 cenus
as per 2011 census in Rajasthan male literacy--79% female 48%......also going by report of NIRD GOI
AT 3 level women participation(pre ordinance period) are
zilla panchayat --37.4%
intermediate level --38.3%
village panchayat---35.2%
these figures though avg, are like various other states and not encouraging...so there is no proof/claim that without ordinance there was full gender representation.
Census definition of Literate = 7 years  old and anybody who can read and write one language. So, census figures cant be used to check exclusion of candidates because of this ordinance.


  • Executive Roles by Panchayats


BRGF
The Backward Region Grant Fund (BRGF) is a Programme implemented by the Ministry of Panchayati Raj (MoPR) in 272 identified backward districts in all States of the country except Goa. The erstwhile Rashtriya Sam Vikas Yojna (RSVY) has been subsumed under BRGF Programme. The BRGF Programme is designed to redress regional imbalances in development. The fund provides financial resources for supplementing and converging existing developmental inflows into identified districts to:
  • Bridge critical gaps in local infrastructure and other development requirements that are not being adequately met through existing inflows,
  • Strengthen, Panchayat and Municipality level governance with appropriate capacity building, facilitating participatory planning, decision making, implementation and monitoring, to reflect local felt needs,
  • Provide professional support to Local Bodies for planning, implementation and monitoring of their plans,
  • Improve the performance and delivery of critical functions assigned to Panchayats.

BRGF CONSISTS OF TWO FUNDING WINDOWS NAMELY:

  • Development Grant : BRGF Development Grant are used by Panchayats and Urban Local Bodies (ULBs) by transparent norms and they use these funds to address the critical gaps in integrated development, identified through the participative planning processes cited in BRGF Guidelines. The annual entitlement of per district is fixed by Ministry of Panchayati Raj (MoPR) on identified criteria, from time to time.
  • Capacity Building: The annual entitlement per district is Rs. 1.00 crore. These funds are used primarily to build capacity of Elected Representatives (ERs) and functionaries of Panchayati Raj Institutes (PRIs) in subjects such as planning, implementing, monitoring, accounting and improving accountability and transparency of developmental works.
Funds are released by the MoPR to the Consolidated Fund of the States which need to be disbursed to the Implementing Entities/Agencies within 15 days.


  • PESA

Self governance, Empowered Gram Sabhas make decisions on management of Natural resources etc.


  • Fund flow in flagship schemes:

MNREGA ; SSA ; NRHM ; MDM ;

CAG has highlighted issues of corruption, non-coordination , lack of accountability as few aspects leading to failure of schemes in certain states while in some states they have performed better.


  • Panchayats with assitance from Gram Sabha identify the beneficiaries.



  • Status of PRIs -2012 IIPA : Devolution Index on 6 parameters 

study assesses the enabling environment that the states have created for the panchayats to function as institutions of self-government. The enabling environment created by a state is ompared with that of others in terms of various monitorable indicators identified in the study.

3Fs = funds + functions + functionaries , 73rd act framework , capacity building, accountability.

Ranks :
1- Maharashtra
2- Karnataka
3- Kerala
4-Rajastan

17- Punjab
18- Bihar
19- J & K
20-Jharkhand



Middle Paths  and Solutions to Governance or capacity Deficit :
  • More education infrastructure in place to build capacity of young
  • Training and capacity building of already who are members
  • strengthening Gram Sabha
Schemes by government

  • Panchayat Sashaktikaran Abhiyan 

The goals of the RGPSA are to enhance capacities and effectiveness of Panchayats and the Gram Sabhas; Enable democratic decision-making and accountability in Panchayats and promote people’s participation; Strengthen the institutional structure for knowledge creation and capacity building of Panchayats; Promote devolution of powers and responsibilities to Panchayats according to the spirit of the Constitution and PESA Act; Strengthen Gram Sabhas to function effectively as the basic forum of people’s participation, transparency and accountability within the Panchayat system; Create and strengthen democratic local self-government in areas where Panchayats do not exist; and Strengthen the constitutionally mandated framework on which Panchayats are founded.



The scheme recognizes the fact that States have different needs and priorities and therefore allows for State specific planning, whereby States can choose from a menu of permissible activities.  Moreover 20% scheme funds are linked to States’ performance on devolution and accountability. States prepare perspective and annual plans to access funds under the scheme. A Central Steering Committee headed by the Union Minister, Panchayati Raj provides policy level guidance, while a Central Executive Committee headed by Union Secretary, Panchayati Raj oversees the implementation of the scheme.


  • e-Panchayat Scheme




TWO Articles written by Ruchi Gupta , www.DailyO.in.

  • Panchayat Raj Ordinance


The last minute ordinance promulgated by the BJP-led Rajasthan government, which mandates minimum educational attainment of Class 8 and Class 10 pass, for candidates wanting to contest Panchayati Raj elections has elicited some rather bizarre justifications. There are three lines of justification advanced by the BJP government: first, that PRI representatives play an executive role and are embroiled in corruption cases and often use their ignorance of law/rules as an excuse when they are investigated. The second line of justification, advanced even by the BJP government at the Center is that this idea was originally mooted by the Congress-led government in Rajasthan and thus the Congress party cannot reasonably oppose this amendment now. Other supporters of the ordinance have sought refuge in its alleged legality citing the Supreme Court, which held that the right to contest elections is a statutory not fundamental right and the states are competent to legislate eligibility criteria in the appropriate statute. All three arguments deliberately blur important distinctions to cover blatant illegality and arbitrariness.
First, the BJP government in Rajasthan has made these changes through an ordinance and not a legislation. Given the timing - mere days before panchayat polls and while the courts are on vacation - the ordinance is in effect an executive fiat. An ordinance ought to be promulgated only in instances of great emergency when the legislature is not in session. Considering that the BJP government has itself stated that this issue has been under consideration for a while, it is difficult to understand why it did not bring these amendments for deliberation in the entire one year that it has been in power. The ordinance route is an interim measure and must be ratified by the legislature. This means that there is scope for both rejection and amendment. However in this case, bringing the ordinance just before panchayat polls means that the legislature will have no scope for rejection or amendment since the polls would have already concluded with these conditions in place - and would necessarily have to rubber-stamp what is in effect an executive decision. The fact that the BJP has an absolute majority in the Rajasthan legislature is no guarantee that it would have managed to pass these amendments as evident from the fact that its own legislators scuttled its amendments to the land bill.
Moreover, since 23 of its own legislators do not meet the standards laid down by this ordinance, it is difficult to understand how they would have voted in its favor. Members of the BJP organisation have also publicly voiced their dissent against this ordinance. It is also pertinent to note that a political party is using executive power to change an electoral law by explicitly bypassing the state assembly and thus opposition political parties, all of whom are opposed to the ordinance. The legality of the ordinance is thus under question not just because of the substantive changes made by it, but also in its nature and timing.
Equally, the ordinance goes against the very tenet of the 73rd Constitutional amendment, which provided for local self-governance in rural areas. The Constitutional amendment, passed by the Parliament and ratified by state legislatures, did not moot any sort of educational qualification to be eligible to contest elections and instead provided reservation for marginalised social groups such as Dalits and women to ensure their participation in the political process. By setting arbitrary standards, which will exclude majority of the people from these very communities, the BJP government of Rajasthan is using executive decision of a state government to subvert the Constitution and the collective will of the Indian citizenry as represented by the Parliament and state legislatures.
The ordinance also suffers from severe logical fallacies, which render it completely arbitrary. The government argues that sarpanches play an executive role and are embroiled in thousands of cases of corruption. However of the 6000 odd panchayat samiti and zila parishad elected representatives, only a few hundred (samiti pradhans and zila pramukhs) have any sort of executive role. It is thus unclear why educational qualifications should be imposed on the others. Even otherwise, this argument is rife with anti-poor elitist illogic in its conflation of the unschooled with corrupt. It is also not clear how the government arrived at the 8th and 10th pass qualification and what separates the candidate who has passed 8th grade from the one who has passed 10th grade. The former is somehow qualified only for panchayat administration; the latter for both block and district level administration. If the argument is that public representatives must have some minimum level of educational qualifications, then it is blatant hypocrisy on the part of the BJP that its own MLAs and MPs do not meet the standards set by the ordinance.
There is merit in the argument that a public official should be able to understand the documents she/he is handling. However this understanding is related to literacy (the ability to read and write with understanding) and not some arbitrarily defined standards of educational attainment. Even if one were to accept the argument for literacy, the government should necessarily have put this into effect from the next panchayat elections since mere literacy in rural Rajasthan is abysmally low: 61 per cent overall and 45 per cent for women (census 2011). The notice period would have given interested persons an opportunity to enroll and educate themselves. If in addition, the government had also invested in massive adult literacy outreach to ensure that the poor and marginalised actually had the opportunity to study, it would have truly seemed development oriented. Everyone - civil society and opposition political parties - would have supported such a measure. Instead the government has chosen to disenfranchise at least 80 per cent of the rural populace who have not had the opportunity to study due to class, gender, caste and region based marginalisation in what can only be seen as double punishment.
Finally, in attempting to foist the original idea on to the Congress Party, the BJP government is trying to make a sin out of what is a virtue of democratic governance. The fact that the Congress government mooted a similar policy during its tenure is of little significance. Any government will deliberate on scores of policies as part of the political process and governance but the very fact that it did not move forward with this idea speaks for itself. The erstwhile Congress government may indeed have deliberated on something similar but to draw equivalence is erroneous because the details and manner of execution could have differed in many ways leading to wholly different outcomes. A consultative process wherein the government is open to changing its stand or wholly dropping its initiative altogether based on reasoned debate and dissent is a fundamental tenet of democratic governance. The fact remains that the Congress-led government dropped this initiative given the lakhs of people who would have been disenfranchised from their democratic right of political participation - and the onus of this decision lies solely with the current BJP government.
Two former CECs and several former judges of the Supreme Court and Rajasthan High Court (and other High Courts) have already written an open letter to the Rajasthan chief minister calling the ordinance unconstitutional, unjust and undemocratic and urging her to withdraw the ordinance. The Supreme Court will take up writs challenging the ordinance today (January 5). The fate of rural Rajasthan and the very normative framework of democracy will turn on its decision.


  • Closing down of 17000 schools

The Vasundhara Raje government in Rajasthan recently closed 17,000 government schools across the state (August 2014). Technically the schools have not been “closed” but “merged” into nearby “Adarsh” schools in what is called school rationalisation; however the manner in which this exercise has been done has pushed many students into private schools they can ill-afford or worse drop out of school altogether.
School rationalisation is an idea with merit. Across the country, there are primary schools with fewer teachers than the number of classes in the school. There are also instances of schools with very low student enrolment due to the Sarva Shiksha Abhiyan/Right to Education norms of at least one primary school within a 1km radius. At the same time, there are schools with excess teachers due to political pressures which have nothing to do with education. Therefore, if schools along with associated teachers and students were mapped out and then “rationalised” in a decentralised exercise involving teachers and students/parents - using student-teacher ratio, distance, connectivity, school infrastructure etc as criteria - it could lead to much better utilisation of resources and improved education for students. However, the Rajasthan experience shows how a good idea can be thwarted by sheer administrative callousness – with tragic outcomes for children already on the margins of our society.
I visited schools in two blocks of Jaipur district to understand the impact on the ground. The expectation was that Jaipur being the state capital would be one of the best implemented districts as compared to other poorer districts on the border. I also spoke with teachers, students, parents and some administrative officers off the record.  In both blocks – Sanganer and Amber - of the schools that I visited at random, the story that emerged was disheartening. The transfer ratio of students from merged school to “Adarsh” school was uniformly low – immediately indicting the whole exercise. On paper, 100 per cent of the students have been automatically enrolled in the “Adarsh” school, but based on conversations with the teachers, I found that very few are actually coming to school.
The example of “Kankwali ki Dhani” Adarsh primary school in Amer block in which two primary schools - Jagannathpura Bid and Jagannath Pura - were merged is revealing. Not a single student from either of the two schools attended the Adarsh school – simply because it was too far. Some students from these two schools instead enrolled into Government school in the adjacent village, Luniawas – because that school was much nearer. Others – mostly smaller kids dropped out. I looked at the attendance record of the ten Class 4 and 5 students who did go to Luniawas: a paltry ten days on average in almost two months. Parents of both closed schools protested and the merger was nullified. All students in both schools returned immediately to resume studying but lost a full two months of coursework in the meanwhile.
Similarly, in Sanganer block, Aamli ki dhani school was merged into the Badwani primary school. Of the 18 students enrolled, only nine transferred. To come to this Adarsh school, the students would have to cut through a field, permission for which was refused by the owner or take a detour too long and busy for the younger students. Plus some OBC kids from the closed school did not want to study in the new Adarsh school because of the caste composition of its students. The more affluent ones enrolled in private schools; others dropped out. School after school that I visited revealed the same problem – of schools having been merged without consideration of actual distances, traffic involved. No school had infrastructure adequate to accommodate all students and classes were being conducted in make-shift surroundings.
These examples reveal the absurdity of the exercise when done remotely without field visits or consultations. For instance, had either the parents or the teachers been consulted, they would have informed that despite being another village, the school in Luniawas was closer than the Adarsh school in the same village. Another farcical outcome of this insulated exercise was evident in Sanganer block, where I found two schools (Kharda ki Dhani and Nimdi ki Dhani) which escaped closure in this exercise. Only the schools have no students but five teachers! When I visited these schools during school hours, both schools were closed with a notice in one school informing that one teacher was absent while the other had to suddenly leave for important work.
However the most tragic situation was when I visited the school in “Banjaro ki Dhani” in Amber.  The name itself alerts one to the desperate circumstances of the children there (Banjaras are categorized as a “Special Backward Class”) yet this school too has been closed in this exercise. As I neared the hamlet, the first sight was of four small children carting plastic bottles – children who had one time gone to school but had dropped out. As I spoke with these little children asking them about their school, another kid on a bicycle came to boast that he went to a private school and “yeh log to kooda chugte hai” (sort trash). Their little faces shrinking even more, the children walked away despite my entreaties to buy them candy from the nearby store. This school had 34 children (24 regular) enrolled from Banjara, Bhil and Bawaria community; only three students went to the Adarsh school. Almost all others dropped out. I lined up some of the children who were around that time – all of whom were out of school now – in front of the school now closed. A snapshot of little children who have been literally shut out of school, denied education and prospect of a better life. When I went to speak with their teachers in the new school, one teacher was adamant that even if the school were to be reopened, she’d have nothing to do with it because of the apparent lack of support offered by the community.
The closure of government schools has definitely helped increase enrolment in private schools. However anecdotal evidence suggests that many children enroll in private schools at first but then drop out on being unable to pay the fees later. At the same time, Raje’s government is clearing amendments to the Right to Education Act, bulk of which are geared towards easing norms which have threatened private schools with closure under the Act. Without getting into the merit of these amendments, it is reasonable to ask based on these twin developments if the Rajasthan government is trying to privatise education? Even if that is the intent, can any government treat its youngest most vulnerable citizens with such callousness, forcing them out of their schools in the middle of the school year. Vasundhara Raje has been running a public outreach program called “Sarkaar Aapke Dwaar” (Government at your Door) but for an exercise of this magnitude and import, it found it unimportant to consult the stakeholders– students, teachers or parents. Consequently schools were closed arbitrarily and no supportive measures (such as transportation services) put in place to ensure 100 per cent transfer of students into the new Adarsh schools. It is incumbent upon the Rajasthan government to clarify how many students of these “merged” schools actually transferred to the Adarsh school based on their attendance over the last three months and efforts made by the Government to minimise dropouts.  It is also not enough to simply rollback these school closures as the government has done wherever enough political pressure has been applied. Many students, especially from vulnerable communities, who have dropped out will not return to school. A truly decentralised exercise needs to be undertaken in each block in conjunction with the headmasters and parents, vulnerable areas mapped, and a plan devised to ensure that all children go back to school.



SWOT analysis - eCommerce

SWOT Analysis- E-commerce

Most of the time we see that the use of electronic techniques for doing business add value either by the reducing transaction cost or by creating some type of network effect, or by a combination of both.

Strengths

  1. Global market: E-commerce biggest strength is the boundary less access inother word no brick structure is mandatory to do business or no specific boundary is required. It enables all the companies to expand them to global level. The widening of geographic retail markets may facilitate the development of global retailers
  2. Time saving: Transaction through internet is no doubt very fast. It saves time by reducing physical movement.
  3. No time constraints: The concept of 24X7 shows that online trans can be used any where any time as there is no time constraints.
  4. Price/Product comparison: Information and to choose are some of the rightwhich every consumer has. On the same footing ecommerce provide platform to consumers to compare price and product effectively and efficiently. It will tend to have far greater bargaining effectively and efficiently. It will tend to have far greater bargaining power with suppliers than traditional local or national retailers.
  5. Cost effective: Elimination of long chain of middle man,decreasing need of having brick infrastructure and outsource logistic are helping a small business to stand at par with giants.
  6. Flexible target market segmentation: The success of business depends on right choice of segmentation . Target market segment here in e commerce is flexible can be modified any time.
  7. Fast Exchange of information: “e” will always guarantee fast and accurate sharing of information among merchants and customers and enables prompt quick just in time reply.
  8. Faster buying procedure: The buying is just a click away from the seller. No physical movement is required, no hunting of right product at right price is to done by the consumer this make the buying process faster
  9. Niche Market: It is a concept of sub segmentation where the product of rare species are available without putting some special efforts by consumer. Almost everything can be sold on internet. Even if products targeted to smaller markets the buyer will be somewhere on net.



Weaknesses

  1. Security: Security is a biggest challenge in to progress of e commerce. Customer always found themselves insecure especially about the integrity of the payment process.
  2. Fake websites: Many fake websites are available on net which promises betterservice and secure dealing. These web sites can not only disgrace ecommerce but also bring bad name to ecommerce.
  3. Fraud: Personal and financial details provided for trading purpose are misused by hackers their personal undue interest.
  4. Fewer discounts and bargaining: Hardly online businesses offer discounts and bargaining cannot be possible.
  5. Long delivery timing: The task of Delivery is usually outsourced, who do not care about the timing of the seller. They provide their services as per their own convenience. Some time the delivery time may extend to days or weeks which one cannot wait for.
  6. Impossibility of physical examination : Products whose choice is merely depend on its physical condition of the product with need personal touch before selection are not suitable fot e-commece business. As Online products cannot be touched, wear or sit on the products.
  7. Limitation of products: Only a limited number of products can be available.
  8. Lack of personal services: Physical products can be available but lack in personal services which are intangible.
  9. Limited exposure: In developing areas where internet is not accessible will have no or little exposure to e commerce.
  10. Limited advertising: Limited advertising opportunities are available because in e commerce one cannot go for mass advertising. The advertising is limited only to computer literate person. And out of them only those who are comfortable with e-commerce applications.
  11. Customer’s satisfaction: There is no physical and personal or direct face to face interaction between customer and the seller. Therefore the scope of convincing the customer does not exist.
Opportunities

  1. Changing trends: People are very brand conscious. They are interested in buying branded stuff rater then local. If such stuff is available cross border they will not mind it ordering through e-commerce. E- commerce is fast and effective even financial transactions can be made from any part of the world. People of tomorrow will feel more comfortable to buy products through internet only.
  2. Increasing number of user: Daily number of internet users is increasing. People feel more comfortable to shop online. 
  3. Regular Global expansion: E commerce can be operated any where any time without any interruption. It always has a scope of expansion. All new population and existing population who are not the user of e commerce are the target expansion.
  4. High availability (24 hour and seven days a week): Along with each and every click of the mouse business is in operation. Those who are busy in day time and cannot spare time for them self, have all the opportunity to shop as per their convenient time even during late night hours.
  5. Wide business growth: E business has wide scope and broader vision to grow. Business always took place in gap. Gap filling is a never ending process hence the growth of business is also never ending process.
  6. Advertising: Advertising is cost effective as compare to conventional offline system.

Threats

  1. Competitors: Along with local competition, global competition also exists. Competition is increasing day by day. Big companies have already entered in this field. They are making people habitual at the cost of their companies.
  2. Changes in environment, law and regulations: Change in trends, fashion and fad can distress E Commerce side by side change in law and regulations can also affect it.
  3. Innovation: Customers now a days are always in a search of innovative products and technique. Innovation will always work as an extra burden on the pocket of consumer, be either in product, place, promotion and even price.
  4. Privacy concerns: Fears that information can be misused lead to spam e mail or identity fraud.
  5. No direct interaction: In e commerce there is no direct interaction between customer and the seller. There is no scope of bargaining. People prefer to buy physically as compare to online to experience personal feel.
  6. Fraud: Persons using unfair means to operate ecommerce can damage the confidence and faith of common people.
  7. Risk: Nature of fraud



Reference :
SWOT Analysis of E-Commerce: Ms Kiran Yadav and Dr. Divya Sharma, Aditi Mahavidyalaya, University of Delhi, India.