VOLUME-2 ISSUE-12 DECEMBER 2007 www.cppr.

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MINDTEXT
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MINDTEXT
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Editorial
Raw
Disabled People-To be a part or to be apart
Take Care

Reality Check
Does Constitution Exist?

Reflections
Silver Blaze

Book Review
Difficult Daughters

RTI Corner
Right to Information:
Transparency in Development

Sidelines
Reverberations
Dead End
 EDITORIAL

December Nostalgia
The December issue of Mindtext encapsulates the lore of past and present and gives way to a
new year, the year 2008.This issue is a concoction of opinions, views and radical thoughts
spewed across the templates. This month of festivities and warmth gives the glimpse of the year,
which it was, and the reflection of the new year yet to come. Here we open the veil…

In the article, To be a part or to be Apart, Debika radiates and reflects on the hindrance created by
MINDTEXT | Volume-2 Issue-12 | December 2007

the society at large for the disabled and the aged yet able-bodied population. She emphasizes
on the 'productive capacities' they inherit as along with the disability for which they are almost

t
treated as an outcast. She exemplifies and makes it more captivating by expressing the need to
x
give the vulnerable yet resourceful lot an opportunity to pursue a more fulfilling life.

Praveen and Asit in the article, Does Constitution exist?, talk about the battle, which pits the
Te
world's largest mining companies against the indigenous people (the tribals) of Orissa. The
article gives an essence of a battle between “development and the environment”. It describes
how the steel and metal coglomerates have invaded the lives of the inhabitants of the state with
70% of the total mineral ore in India.

In the book review on Difficult daughters written by Manju Kapoor, Mahima narrates the
enchanting tale which speaks of numerous breakthroughs carried out by an Indian girl who she
nd

believes, is at the epitome of all reservations and suspicions. The book “Difficult daughters”, is a
wonderful story revealing the identity of a woman in need of emancipation.

In the article “Right to Information- Transparency in Development”, Manish and Sudheer reflect
on how the Right to Information becomes a constitutional right, being an aspect of the right to free
speech and expression which includes the right to receive and collect information.
Mi

Take Care by Vipin rebounds the thought that the two words with the sense of concern are just
used as an appendix by everyone, which looses its relevance when used just to acknowledge
that the conversation is finally over. The poem “Silver Blaze”, is a beautiful attempt for a soulful
experience by Vinu .

CPPR envisions and successfully makes a major breakthrough on the international platter.
Various reports by Roji, Dawson, Caroline and Boby give a wide and dynamic glimpse of the
team crossing all boundaries.

We wish our readers Merry Christmas and an eventful New year!!

Lekha Pillai (Member, Editorial committee @ Mindtext)

 DISABLED PEOPLE-TO BE A PART OR TO BE APART

R Debika Roy Chowdhury

A T he degree of development of a society can be judged by its treatment of

disabled and aged people. Disability can be inherited or acquired. Children have

W no choice of choosing their parents and they come into the world helpless. It is
needless to emphasize that disabled children deserve the fullest consideration
from family and society out of basic compassion.

It is known that in Greek civilization disabled children were allowed to die because the social
conditions then prevalent allowed it. Such practices prevailed in primitive societies also.
MINDTEXT | Volume-2 Issue-12 | December 2007

A developed society has got the productive capacity to take care of its unfortunate citizens.
Misfortune is a lot of mankind and must be treated with compassion. Consider the lot of lepers. A
few decades back they were treated as complete outcastes. Modern medical progress can now
cure such diseases and such people can become productive members of society.

Think of the genius of Beethoven whose contribution to mankind could not have been possible if
his disability threw him out of the society. Consider also the contributions of great scientists like
Stephen Hawkins or the brilliant work of Helen Keller. Their contribution to human society has
been immeasurable.

It is not uncommon to find in many families, cases of paralysis in aged people. It reflects the
development of civilized society that such persons are taken care of nowadays. It would be really
barbaric if such people were not accepted as a part of society.

We must give handicapped people more freedom in deciding what they enjoy. I think the greatest
gift we can give them is a zest for living, a spirit of wonder and adventure and the confidence that
the problems of life can be solved or endured.

Debika is doing her MA Sociology from Delhi School of Economics, New Delhi

It is not by muscle, speed, or physical dexterity that great things are achieved, but by reflection, force of character, and
judgment.
Marcus Tullius Cicero
 Take care Vipin Vishnu

O f late I've started pondering over the exact meaning of these 2 words. At the end of each
conversation , the person at the other end of the phone or computer(while having an e-chat) tells
me to take care or tc. Does he/she mean it? I don't know or rather, I don't think so. Take care has
lost its literal meaning and has gotten reduced to a mere farewell notation
.
When my mother rings me up, she gives me all sorts of advices and enquires each and
everything about me ; whether I'm having good food, whether I'm taking care of my health,
driving safe, following her instructions, etc. At the end of the conversation she asks me to take
good care of myself and from the sound of these two words coming from her mouth I can make
out the genuineness and affection with which she says those words
.
I don't tell anyone to take care until and unless they are in some bad state of health or affairs
because I don't feel the need to. If what I really want to do is bid the person at the other end
goodbye, I just say the usual byes and ask them to keep in touch as that is what I want them
MINDTEXT | Volume-2 Issue-12 | December 2007

to do most of all.
A person doesn't need to remind the other to take care but he definitely has to remind the
other person to keep in touch with him, though even that would probably fall on deaf ears
.
So the next time you talk to another person, don't use these words unless it is essential at that
particular moment as the significance of these words would be lost somewhere in the goodbyes.
Vipin is a Marine Surveyor, J. B. Boda Surveyors Private Limited, Mumbai

DOES CONSTITUTION EXIST ??? Praveen & Asit

O rissa's rich mineral wealth is up for grabs, and all

of it in the name of the so called development. The
state government is happily selling off its mines,
water, forest, electricity and agricultural land to Indian
multinational companies.
 All most all the big names in mining are lining up to get a slice up orissa's mineral pie-
Posco,Jindal,Utkal Alumina, Vedanta , Bhushan Steel, to name a few. The state's new Industrial
policy has rolled the red carpet for these companies by exempting them from sale tax, entry tax,
electricity tax and other taxes for 20 years. Indeed, according to some estimates, the next
decade will witness the uprooting and fragmenting as much as 10 lakh people-Adivasi, farmers,
dalit and the working mass-as a result of indiscriminate industrialization.

Data of mineral resources 1998-99 estimate the state's bauxite reserves as 1733 million tonnes,
or over 70 per cent of India's bauxite reserves. The state ranks 6 th in the country in terms of
attracting for investing in the post-liberalization period and in the period 1992-97, attracted
Rs.97,300 (US $20.5 billion) as foreign investment.

The Orissa government instead of empowering the landless by offering them land is leasing out
land to the corporate houses. Food subsidies are being cut at the behest of international
financial institutions like-the World Bank and department for international development so as to
create a new market for food grain export from the west.

Kasipur block in southern part of orissa's Rayagada district is a part of one of the poorest agro-
ecological zones that includes the dist. of Kalahandi, Koraput and Bolangir infamous for
starvation death and mass migration. The area is largely inhabited by Adivasis-Kondhs,
Jhodias, Parajas, bondasand Pengas, who comprises nearly 70-80% of the population. They
MINDTEXT | Volume-2 Issue-12 | December 2007

live in small villages around the Baphlimali hills and depend on subsistence agriculture (mostly
slash or buring, or small plot in some cases).Kashipur falls under the v schedule Are and is
governed by panchayat extension to schedule Area Act that provide constitutional guarantees to
Adivasi's sovereignty over their land, water and forest.

About the company:-

Utkal Alumina International limited (UAIL), is a joint venture Company in which 55% equity is
held by Indal (a subsidiary of Hinadal co., an Aditya birla group) while 45% is held by Alcan of
Canada .Utkal Alumina is proposed to set up alumina refinery plant in Doraguda, in Kashipur, in
the Rayagada dist. of Orissa, to produce 3 millions per annum of alumina, sourcing bauxite from
Baphlimali, in Kashipur, Orissa.

It's a 100% alumina Export oriented project that resulting the relocation of 24 villages in the
Kashipur block of Rayagada dist., southern orissa. Large portion of the Project affected people
will be Adivasi and dalit. Also it would lead to destruction of their fertile land, forest, mountains,
hillocks and perennial water streams in the region. Directly 2500 villagers of 82 villages and
indirectly near about 8000 people of 240 villages will be displaced from their homestead,
sustainable livelihood and good living.

People's resistance:-
The resistance to bauxite mining has been going on for over a decade and half (since 1992).The
tribal and dalit of Kashipur are opposing the establishment of the proposed Alumina plant of the
UAIL under the banner of Prakritik Sampada Surakshya Parisad(PSSP), which was formally
formed at a mass meeting in feb.1996.So many rally, road blockade, demonstration have been
organised to stop the the project. In 16th Dec, 2000, when a local meeting PSSP was organized,
police gun downed, wherein 3 Adivasi (Damodar jhodia, Raghunath jhodia and Abhilash Jhodia)
and injured 8 others by firing rounds of bullets at unarmed people in Maikanch. In protesting
against this incident an "oath march" from maikanch to Kashipur was organized."We are not
afraid to die, we will not leave our land"-taking this oath 10,000 people with their traditional
weapons went on a march to kashipur to give a befitting reply to the killer government.

State Response:-
The Orissa government has been making heinous efforts to over come the people's struggle.
The police machinery has been used in a number of instances to brand the protest as law and
order problem and quell the protest.
 On 16th, December, 2000, Orissa police in a provoked firing kill three adivasi and injured 8 others,
which witnessed the barbaric face of Indian state as well as Orissa and added a new page in
orissa's history, in the village maikanch. The police used to come allegedly to arrest the leader and
the Aam Aadmi, those who opposed the Utkal Alumina project. The state government has
unleashed repression on the anti-mining struggle of kashipur.Six people were injured during the
protest against the police at Karol in December, 2004.,which was widely seen as an attempted to
suppress resistance against the proposed mine and palant.10/20 platoons of paramilitary and Arm
forces have been deployed in every 20km in the area regularly flag march into the village and visit
weekly market to beat and threaten those who are raising the voice as a fundamental right of our
constitutionals state and district administration have violated the provision of the panchay t
(Extension to schedule Area )Act,1996.

Violation Constitutional of laws by utkal Alumina:-

As explained that entire Kashipur is totally seized by paramilitary forces and state police for over
more than one year and half and is facing severe repression by state machinery because of
movement for protecting the life and livelihood and culture of the adivasi and dalit from the
onslaughts of UAIL.Most recently, one year back UAIL strated its construction work (though the
project was signed in1993) illegally and the state government is rolling the red carpet to do so and
providing all the state machinery. The UAIL is violating the constitutional laws. Following are the
some of the violations-
MINDTEXT | Volume-2 Issue-12 | December 2007

1) There is no environmental clearance both for mining as well as for refinery plant and captive
power plant from the government of India. The UAIL had obtained the environmental clearance
(EC) from ministry of environment and forest (MoEF) to produce 1.0 MTPA alumina in the refinery
plant vide letter number J-11011/76/94-IA.II (I) dated 27th September, 1995 and 50 MW captive
power plant vide letter number 14356/SPCB/BBSR/IND/II/NOC/355 dated 19th June,
1995.Similar environment clearance was obtained for bauxite mine dated 25th Sept, 1995.
2) As per the rules under EIA notification s.o.60 i.e. its clearly stipulated that the clearance started to
any project is valid for a period of five years. It is clear from the site that till 2000, no construction had
started. There is there fore, UAIL has no environmental clearance of the project.
3) No mining and forest clearance-: The Orissa Mining Corporation, a state body, was granted a
prosecutions license by the govt. for 2059sqkm in Kashipur in 1992 on the condition to grant
subsequent lease to interested corporation. In 1994, OMC(Orissa Mining Corporation) granted
UAIL a mining lease for there lands under the condition that lease would be expired within two
years if UAIL fail to commence its mining op[aeration during the period. Since the project did not
begin in 1996, it appears there its lease has expired (Report of IPT by Justice S.N. Bhargav,
Rtrd).UAIL would use 209 acre of forest land for its refinery plant and got forest clearance for the
proposed site on 19th April, 1999 but it is unclear that when in the state forest Act prohibit the use of
forest land for commercial purposes.

HOW DID THEY GET FOREST CLEARANCE?

4) Orissa Legislative assembly interim report of house committee on environment, 2005-06

says the environment of clearance of UAIL has expired in 2000, and hasn't received a renewal
environment clearance from MoEF and GoI, but has gone ahead with construction, violation of
the provision of the provision of environmental protection Act, 1985.

5) Samata judgement; According to fifth schedule of the constitutions and the Orissa schedule
Area Transfer of immovable property (by schedule tribe0, Regulation 1956, protect tribal from
non-tribal entities. All the land of tribal which is being handed over to the corporate body,
wherein samata judge speaks that the state and the corporate body are non-tribal.

Now question is that is there law exist in India? If yes, so where is our constitutional law? Do
we have any sorts of right? Does democracy exist in India?

Praveen and Asit are Delhi University students

 Silver Blaze

You came into my life

Like never before, I felt the light.
When you were with me
I never knew, day or night.
You smiled at me
Like never before, I felt life.
When you held me tight
I never knew, death or life.
You showed me the way
Like never before, I felt a friend.
MINDTEXT | Volume-2 Issue-12 | December 2007

When you lead me

I never knew, beginning or end.
You went through my heart
You went through my life
Setting the trail ablaze
You…Silver Blaze

Vinu Thammanam

Vinu is an intern with CPPR

DIFFICULT DAUGHTERS Manju Kapur

Reviewed by Mahima Vasishth

S et around the time of partition and written with absorbing intelligence and sympathy, this
novel is the story of a woman torn between family duty, the desire for education and illicit love.
Virmati, a young woman born in Amritsar is the eldest of a batch of eleven kids. The novel
arouses the reader's interest to know how a girl reacts to the constant comments from her aunt,
how she fights her family and convinces them to let her pursue higher studies getting inspired by
an elder cousin. The family moves to a new house which has more light, is more airy. A part of the
house is rented out to the family of a Professor, an Oxford returned English Literature man who
as a child was married to an illiterate woman whose main aim in life is to cook food to feed her
family. The Professor gradually falls in love with Virmati who is immensely interested in studies.
The rest of the book talks of their affair.
 The Professor gains control over her mind and writes love letters to her. Side by side, Virmati's
family finds a man for her but she refused to marry him and tried to commit suicide, but is saved and
is sent off to Lahore to study further. The affair continues as the Professor visits her, talks of his
undying love for Virmati but never talks of marriage and gets her into all sorts of problems including
getting her pregnant. He becomes the cause of her being rejected by her family and loosing her
job. Finally they marry and the Professor takes her to his house where his mother, the illiterate wife
and her children live. Virmati is still not satisfied as she's treated as an outsider in her husband's
home. Towards the end, Virmati realizes that the battle for her own independence has created
irrevocable lines of partition and pain around her.

Manju Kapur did a commendable job, throwing light on the plethora of problems which are faced
by the girls who are open to moral attacks, criticism, temptations, belonging to the orthodox Indian
families-the girl yearning for love, for freedom, longing to be understood by her family, by her
husband; wishing to get out of her dilemmas of uncertainties and indecisiveness. This indeed
made the piece of work an award winning one.

Mahima Vasishth is an eleventh standard student from St. Francis DeSales School, Delhi
MINDTEXT | Volume-2 Issue-12 | December 2007

RTI
CORNER

RIGHT TO INFORMATION- TRANSPARENCY IN DEVELOPMENT

Shashank Manish and Sudhir

INTRODUCTION

I ndia got Independence in 1947 and proclaimed itself a Republic in 1950, with a great
Constitution. However, in practice, brown elite replaced the white masters and Swaraj never came.
Mahatma Gandhi had said, “Real Swaraj will come not by the acquisition of authority by a few but
by the acquisition of capacity to resist authority when abused.” A few did acquire the authority and
retained it, but the capacity to resist misuse of authority eluded the average Citizen of India. Right
to Information (RTI) now empowers him to do that. The Right to Information is derived from our
fundamental right of expression under Article 19 of the Constitution of India. If we do not have
information on how our Government and Public Institutions function, we cannot express any
informed opinion on it. This has been clearly stated by various Supreme Court judgments, since
1977. We accept that the freedom of the press is an essential element for a democracy to function.
It is worthwhile to understand the underlying assumption in this well entrenched belief. Why is the
freedom of the media considered as one of the essential features for a democracy? Democracy
revolves around the basic idea of Citizens being at the center of governance and rule of the people.
 We need to define the importance of the concept of freedom of the press from this fundamental
premise. It is obvious that the main reason for a free press is to ensure that Citizens are informed.
If this be one of the main reasons for the primacy given to the freedom of the press, it clearly flows
from this, that the Citizens Right to Know is paramount. Also, since the Government is run on
behalf of the people, they are the rightful owners who have a right to be informed directly. Justice
Mathew ruled in the Raj Narain case, “In a government of responsibility like ours, where all the
agents of the public must be responsible for their conduct, there can be but few secrets. The
people of this country have a right to know every public act, everything that is done in a public way
by their public functionaries. They are entitled to know the particulars of every public transaction
in all its bearing. Their right to know, which is derived from the concept of freedom of speech,
though not absolute, is a factor which should make one wary when secrecy is claimed for
transactions which can at any rate have no repercussion on public security.” Mazdoor Kisan
Shakti Sangathan (MKSS) in the rural areas of Rajasthan first brought the RTI on the agenda of
the Nation. Nine States had enacted the Right to Information Acts across India. On 11 and 12
May, 2005, the two houses of Parliament passed the Right to Information Act as Act 22 of 2005.
This has now become operational from 12 October, 2005 - significantly Vijayadashmi. Right to
Information (RTI) existed since the day the Constitution of India was framed. The present Act
only gives procedures.
MINDTEXT | Volume-2 Issue-12 | December 2007

An Act to provide for setting out the practical regime of right to information for citizens to secure
access to information under the control of public authorities, in order to promote transparency
and accountability in the working of every public authority, the constitution of a Central
Information Commission and State Information Commissions and for matters connected
therewith or incidental thereto.

The need for transparency in Government functioning is obviously a basic tenet of democratic
governance. It is thus quite natural that the citizen should have the right to information, to know
the details of how the Government functions and whether the decisions taken are in public
interest. As early as 1948, the UNDHR had pointed out that "Everyone has the right to freedom of
opinion and expression; the right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any media and regardless of frontiers
.
The Right to Information (RTI) became a fundamental right much later in the day because we
were obsessed with the British legacy. Several Articles of our Constitution indicate citizen's rights
to know but each Article includes one or more Clauses which give an overwhelming authority to
the state to abridge, distort and deny the right. The reasons for such denial include public order,
public morality, incitement etc. It may be mentioned here that the Right to Information existed in
Sweden as early as 1766.

SOME PROBLEMS AND SUGGESTIONS RELATED TO THE IMPLEMENTATION OF THE

RTI ACT 2005

1).There is a lot of confusion about the appointment of Assistant Public Information Officers
(APIOs), both at the central and state levels. The RTI Act says: “…every public authority shall
designate an officer….at each sub divisional level or other sub-district level as a Central
Assistant Public Information Officer or a State Assistant Public Information Officer, as the case
may be, to receive the applications for information or appeals under this Act….” However, in
many states and in some central departments, APIOs are being appointed in the same offices
where the PIOs are already located.
 In these cases APIOs should immediately be appointed at all the sub district level. Where
PIOs are already stationed or ought to be stationed, there should be no insistence to
receive application by an APIO, and the subsequent additional 5 days time for reply.

2)It has also been reported that various ministries and departments of the Government of India
are either insisting that they will only accept the specific forms that they have designed, or are
demanding information or documentation that is specifically prohibited by the law (the Ministry of
Home Affairs, for example, demands proof of residence with applications).

The Concerned Authority should clarify that applications under the RTI Act do not require
any form and that people are free to apply on plain paper, as long as all the required
information is included. They should also caution the various public authorities against
insisting on applicants providing information that is specifically barred under section 6(2).

3)The RTI act requires that every public authority suo moto publish, within one hundred and
twenty days from the enactment of the Act, the particulars of its organization, functions and
duties, the powers and duties of its officers and employees, the procedure followed in the
decision making process, including channels of supervision and accountability along with a great
deal more information (section 4. (1) (b)). However, many state and central public authorities
have taken little or no action so far.

The Concerned Authority should write to the central public authorities/state

MINDTEXT | Volume-2 Issue-12 | December 2007

governments seeking their urgent compliance with this provision.Some awards can be
instituted, and public authorities that have most effectively complied with this provision
can be awarded each year
.
4)Though the RTI Act specifies that “A person, who desires to obtain any information under this
Act, shall make a request in writing or through electronic means in English or Hindi or in the official
language of the area in which the application is being made, accompanying such fee as may be
prescribed….” The corresponding rules specify that fee can be paid by cash, demand draft or
bankers cheque. However, this does not facilitate the filing of applications through electronic
means and is generally expensive and somewhat restrictive. There are also technological
possibilities of paying the fee through electronic means, especially through credit or cash cards,
or through telephone and SIM cards
.
The Concerned Authority may kindly consider revising the rules in order to specifically
allow payment through revenue stamps or non-judicial stamps and also add a
provision that each public authority can also devise, in addition to these, any other
methods possible in order to facilitate the payment of prescribed fees. They should
also initiate a process by which payment of fees could be made through various
electronic means.

5)There is confusion about what would qualify as proof for considering a family to be below
poverty line (BPL) and thereby entitled to free information.

The GOI needs to urgently issue orders specifying, for example, that a self verified
ration card should be treated as proof of BPL status under the RTI Act.

6)There are widespread complaints of threats against applicants of information, especially from
affected government functionaries and other vested interests.

As the right to information is a fundamental right, the Authorities may consider making
threats against applicants for information a cognizable offence, through appropriate
amendments in the relevant laws. They may also consider requesting the Home
Ministry to send out instructions to Police, asking them to take serious note of such
complaints.
 RTI ON TELEPHONE

Bihar on 29th January, 2007,

became the first state in the country to
open a call center, ‘Jankari’, for
facilitating use of the Right to
Information by People. Since a large
chunk of rural population is unable to
read and write, the call centre would
prove a boon for them as it would
virtually write application on behalf of
the complainants. A sum of Rs. 10 as
fees (under the RTI provisions) would
automatically be charged in the
caller’s telephone bill. The call
center’s number is 155331.

This is an excellent step taken by the

state government to establish
MINDTEXT | Volume-2 Issue-12 | December 2007

transparency in the executive and the

benefits of this can also be
entertained by rural as well urban
people.

CONCLUSION

It is a principle of administrative law that the cabinet decisions and debates should be revealed to the
people, unless they disclose any sensitive and security information. Government should understand
that the secrecy or classification of information must be confined to security interests, privacy issues,
and trade related rights, and no more than that. In fact, the information is generated for the people as
those files pile up on the initiative of a representation or complaint or requirement. A file in public
authority is not compilation of documents containing trade secret or pieces of poetry copyrightable to
the writer. It is the data generated, opinions sought, precedents analyzed, pros and cons discussed
and impact on public exchequer examined, for advancing the public interest or answering a
vociferous public demand, etc.

Furthermore, in any democracy the discussion should precede the decision. The information on the
file and its notings is neither the property of the officers who express opinion based on their
experience and performance of a legal obligation, nor the property of the government. If the cabinet
has preferred not to decide on a particular item of agenda, why should it not reveal the reasons for
deferring the decision? Why not let the people know who said what on that vital issue connected to
the welfare and development of the people?

The character of state and sovereignty is manifest in three important wings- Executive, Legislature
and Judiciary. As the open trial is the basic norm of judicial enquiry, the courts always function in
public, while every aspect of proceedings in legislature is reported in media or recorded and made
available to all. Most of the legislative proceedings are now being telecast live. The only wing that
runs in secrecy is the Executive. The decisions at the Council of Ministers level or secretary level are
not easily available to common people, which lead to absence of accountability of decision makers.
Even if the decisions are made available by spokesperson of the cabinet, the reasons for decision,
and different opinions expressed before they arrived at that particular decision are usually beyond
access. This has been our Executive's culture, and seen from this vantage point, the RTI law of 2005
was a path-breaking legislation that gave people the power to demand information that is rightfully
theirs.
 In sum, the promotion of "transparency and accountability" in the working of public authorities -
the stated object of the landmark RTI legislation - does not stop merely with making the decisions
of government public. It also lies - and critically - in making it possible for people to know on what
grounds these decisions were taken. Access to file notings by officials is necessary to evaluate
the process of decision-making, to understand such things as which options were considered,
which were not, and why some were rejected. It is not proper to close the doors before they are
fully opened and the 'enlightenment' transformed into empowerment.

Shashank Manish and Sudhir Kumar are law students at Gujarat National Law University, Ahmedabad

Workshop on “Liberal Cooperative Law” at Mariarani Center

Thiruvananthapuram

Kerala, is a state in India known for its wide network of co-operative societies that
controls majority of marketing and business sectors of the state. However, the lack of
MINDTEXT | Volume-2 Issue-12 | December 2007

proper administrative and legal support, this sector is now facing serious challenges.
Exploring the possibilities of enacting the Liberal Co-operative Law in Kerala,
CENTRE FOR PUBLIC POLICY RESEARCH (CPPR) in association with Cooperative
Development Foundation (CDF) conducted a two days workshop at the state Capital
on 8th and 9 th December 2007.
Workshop started with the address by
Mr.D.Dhanuraj, Chairman, CPPR.
Twenty-five delegates including young
political leaders, Director Board
members of District and State co-
operative banks, academicians and
representatives of media actively
participated in the various rounds of
discussions that followed. All the
participants shared the necessity of
altering the present laws and enacting a
legal system that would make the sector
largely independent of the government
control.
An informal interactive session over dinner
with luminaries from different fields and the
meeting with media personals were helpful
in taking the message forward to the larger
public. Workshop decided to form a task
force to carry forward the matter. Regional
and local level meetings involving leaders at
the respective areas have been proposed.
Participants appreciated the initiatives
taken by CPPR and expressed the
confidence that CPPR would lead the
movement for a liberal Co-operative law in
Kerala.
 International Seminar organized by FNF, Germany

Antony Dawson and C. Caroline of Centre

from Public Policy Research, Kochi
represented India at a Seminar organized by
FNF, Germany. The key theme of their
p r e s e n ta t i o n w a s f o c u s e d o n l o c a l
development in India. 24 participants from 14
countries participated in the Seminar.

Antony Dawson
at the Seminar
MINDTEXT | Volume-2 Issue-12 | December 2007

C.Caroline taking part

in the discussions

A Week In Gummersbuch with Local Governance!

Carolin. C. Neriamparambil

An international Seminar on “Local Government and Civil Society” was organized By Friedrich
Neumann Foundation, Germany. The key objective of the seminar was to discuss the issues of
local governance in different parts of the world and to create an international working network. The
programme was held from November 23 to 29 in GummersBach, Germany.

The process of the seminar included an online seminar with 88 participants from all over the world.
During that phase participants were asked to exchange ideas to fellow participants online for three
weeks, submit essays etc. 24 participants were finally selected. In the second phase the selected
candidates were prepared for the seminar in Germany. In this, the participants were asked to
prepare a regional presentation as part of a group exercise and also had to prepare individual
essays on the local development of the representing country. The final phase was a one-week
seminar in Germany.
 Team CPPR got the chance to represent India in this international Seminar .Mr. Antony Dawson
D'silva, Research Scholar of CPPR and Ms. Caroline C. Neriamparampil, Project Coordinator;
Livelihoods represented CPPR in this international seminar. There were 24 participants from 14
countries.

Monika (Germany) & Kylie (South Africa) were the moderators for the programme. The inputs
given before the discussions and the exercise helped to give the contributions effectively. The
group work exercises were in consideration with all the participants, so that every body in the
seminar got an opportunity. The moderators were there to help the participants. Along with the
moderators, the contribution of the director, Ms. Brigit Lamm, who moderated a few sessions;
Alex, who were coordinating the whole programme very conveniently and the interpreters who
translated the entire programme to English and Spanish at the same time have to be mentioned. In
the regional representation the participants were asked to prepare in advance. It helped the
participants to get an overview of all regions specifically with the issues discussed. Mostly all the
participants were associated with the similar kind of activities at the career level. It all added to the
productive output of the programme.

The programme began on 23rd evening around 6.30 pm. With the introduction, which was lead
by Dr. Brigit Lamm, Director, and IAF, the group dispersed.

The technical sessions started on 24th, November. First there was an introduction on FNF and the
MINDTEXT | Volume-2 Issue-12 | December 2007

world liberal club, of which the participants will be the members after the seminar. The review of
online seminar was really nice. Almost all the concerns of the participants were discussed well.
The difficulty to respond through post was an issue of concern for all participants. The session on
the “prerequisites for a functional local government” was indeed a nice beginning. It brainstormed
the ideas and expectations of participants in regard to local government. Maintaining of
transparency and accountability, the extent of the necessity for a legal frame work, powerful
participation of the citizens were the key issues.

The session on “privatization and competition: Improvement for local Governments” was an
interesting and debating session. It revolved around the practicality of the privatization to be
adopted as a strategy for the improvement of local governments. The challenges and the issues of
the same were discussed. Privatization and competition will definitely bring improvement in
performance. Questions on how far the state's property could be privatised were discussed and
debated. It was a big question to all, especially to the developing countries. A full fledged
privatization may not be a good approach to adopt. However a good balance is needed,
especially in the developing countries, where people needs support; particularly financial support.

The regional presentation began with the presentation of the South African team. It helped
participants to have a general learning on the local development context of the South Africa. It was
interesting to learn their socio economic structures, political developments and the culture and
traditions. The day ended with that session.

Day 2, Jan 25 began with “New Public Management”, a session that saw highly focused
discussions. The session was handled by Dr. Monika Bellin. The concept of customer orientation
(citizens), the scope for the transparency and accountability, scope for more effective public
participation etc fascinated the participants and it was followed by a good productive discussion
moderated by Ms. Kyle. The issues of responsibility, information transparency, control, task and
competency, budget etc were discussed well.

The presentations Of Christopher Dammerman (chairman of Liberal Parliamentary Group,

Werne) were an opportunity to learn the structure of German local government and its functioning.
It was really interesting to learn about the tax system, political system etc. The ideas of “dog tax
“and the “entertainment tax “etc were new to at least some of the participants.
 The Role play was very interesting. The participants were divided into groups and each group
presented a model council meeting. The theme was whether decentralization, privatization and
New Public Management provided answers to a country's problems. It was really an opportunity
to reflect on how clear participants were about these approaches. With the regional presentation
of Latin American and Middle East team, the programme for the day came to a close.

26 November began with a session on Local government funding. After the session, the
participants were divided into groups in the afternoon for a discussion on the same and there
were presentations in common also. The participants discussed the types and sources of taxes,
revenues and other means for local government funding. The session helped to get a global
overview and also focused on good innovations. It is a fact that taxes and revenues are a source
of funding for local government. So we can't abolish it wholly. But the issue lays on the
introduction of customer friendly tax systems. The presentation on Euro Mediterranean and
South Asian group brought an end to the exercises of the day.

27, November was indeed a good day which the participants had the opportunity for a good visit.
The participants enjoyed the German city along with the scheduled programmes. The visit to Mr.
Uwe Uffer, (Mayor Huckeswagen), Mr. Joachim Hoffmann, (CEO City Council Cologne) was an
opportunity to learn the structure of German local government and its functioning. The interaction
with the independent mayor Mr. Uwe Uffer really encouraged the participants to learn about the
MINDTEXT | Volume-2 Issue-12 | December 2007

commitment of a leader, while the Formation of association and the programmes of the
association in Cologne were meditative with regard to development work going in the political
sphere of a local government. After that the participants had the opportunity for sight seeing. The
cathedral, chocolate museum etc was very interesting indeed. The inauguration of Christmas
market was really a joyful experience.

28 November was an important day for the seminar as it discussed some of the most important
themes of local government functioning. The evaluation of the out house experience provided
the room for further clarifications especially on the visit to the council mayors. The discussion on
“the local political actors” was an enthusiastic experience. It listed out the major actors in local
politics and clarified their roles too. It helped to identify the various groups / change agents to be
channelised for bringing change. The session on local development challenges brought out the
crucial issues of all the countries and it also reflected on the participant's knowledge on affairs of
their country. The session on the impact of liberalism produced a good discussion on the media's
role and functioning and its present status too.

The session on “participation and self-administration” and the group work exercise followed
by the role play were really interesting as it helped to show the evolution of good strategies
and propagandas and their importance in political sphere. The evaluation post lunch was
enriching indeed. The group work methodology really helped to evaluate the positives and
weaknesses of the seminar. It also reflected the issues on which participants needed to work
on further. The evaluations was strategically planned to reflect all the participants viewpoints.

The one week seminar ended with a good farewell with delicious Italian dishes. Thus the one
week seminar was really a success. As majority of participants were associated with political,
administrative and development fields in their home country, this seminar really helped to create
a good network of people to act with for betterment in their respective countries and this indeed
was the expected key outcome of the seminar.

Carolin is working as Project Coordinator (livelihood) with CPPR

 CPPR attends YLDA AGM in Jakarta

CPPR was privileged to attend the Young Liberals and Democrats of Asia (YLDA) Annual General
Meeting and workshop on “Engaging Citizens for Responsible and Effective Governance” in
Jakarta, Indonesia from the 22nd to 26th of November 2007. Twenty-five participants from eight
countries of Asia participated in the event in which Mr. Roji M. John, Program Manager of CPPR,
represented India. Workshop offered a learning experience as participants discussed the existing
good governance practices in their respective countries. Workshop also succeeded in introducing
to the participants the niceties of party politics, attempts of democratization through local
government bodies and the partially transformed bureaucratic state of Indonesia.

Interaction with various political leaders including H. E.

KH Abdurrahman Wahid, Former President of
Indonesia, was the highlight of the workshop. As an
exponent of liberal ideology he explained how
democracy can be effective with citizen
MINDTEXT | Volume-2 Issue-12 | December 2007

participation. He also appealed to the youth to

take lead in political activity of their respective
counties and strive for change. Participants also
visited various party offices and local
administrative bodies, and held discussions with
people’s representatives at various levels.

YLDA Annual General Meeting evaluated the

programs implemented in the last one year and
also discussed the plans of action for the year
2008. The new executive committee headed
by Mr. Rajendra Mulmi as President and Mr.
Jan Argy Tolentino as General Secretary,
was elected into office. It was also decided
in the meeting that Liberal Youth South Asia
(LYSA) shall be the regional platform of YLDA
in South Asia.

The event was made possible by the generous

support of the Friedrich Naumann Foundation
and the hospitality and assistance of YLDA-
local partner PKB-Garda Bangsa of PKB in
cooperation with Partai Demokrasi
Indonesia Perjuangan (PDIP).
 Comments by Dhanuraj, Chairman, CPPR on The Topic
“The Simmering Dissent in the Indian Countryside: The Story of Special
Economic Zones” (MT. October)

I agree with the writer that SEZ are not good economic policies. Wherever it happens, the way it
is done shall be condemned. There shall not be any role for the Government to decide on
acquisition of land (the writer says that land lordism was abolished by Nehruvian era, then what is
this? Isnit it the State the land lord here??? Who gives the authority to the Government to decide on
the ownership of a particular land on a fine morning? I have disagreement on the idea of self
reliance. Is there any one on this earth who is self reliant? The author continues to share that 'at the
mercy of market' that seems to be so uncanny. We need to think why the agriculture has been put
in the burner? I don't think it is because of the globalization (look at the figures of mid 80s)in fact,
MINDTEXT | Volume-2 Issue-12 | December 2007

the government has failed to use globalization as a tool to revive agriculture if to say.

What is the remedy to the agrarian crisis? Is the corporate/ cooperative farming more harmful? I
am still learning on the impact but surely would have been benefited if the author had spelt the
scenario in detail. Another curiosity is on the NELP of the Government (it is mentioned that the
mineral base will be exhausted within a few decades). My view is that the local community has
also a significant right over the natural resources and at the same time I am confused on the side of
the marketing of the minerals. The middle east has become rich by selling oil and studies show that
the oil respository will be over by 2040. My readings say that they do not depend any more on oil
market hence after as they already have scaled up their economy in a big way.

End Of The Document