Kerala Ranked as Best Governed State by Public Affairs Index

Meanwhile, Uttar Pradesh was ranked at the bottom in the large states category.

Bengaluru The Public Affairs Index-2020 released by the Public Affairs Centre in Bengaluru declared Kerala the best governed state in the country, while Uttar Pradesh ended at the bottom in the large states category.

In its annual report released on Friday, the city-based not-for-profit organisation said the states were ranked on governance performance based on a composite index in the context of sustainable development. The organisation is headed by former Indian Space Research Organisation (ISRO) chairman K. Kasturirangan.

Four southern states, Kerala (1.388 PAI Index point), Tamil Nadu (0.912), Andhra Pradesh (0.531) and Karnataka (0.468) stood in the first four ranks in the large state category in terms of governance, it said. Uttar Pradesh, Odisha and Bihar were at the bottom of the ranking, scoring negative points in the category. They got – 1.461, -1.201 and -1.158 points respectively.

In the small state category, Goa ranked first with 1.745 points, followed by Meghalaya (0.797) and Himachal Pradesh (0.725). Worst performers who scored negative points are Manipur (-0.363), Delhi (-0.289) and Uttarakhand (-0.277), according to the PAC report.

Also read: States That Implemented Social Schemes Well Were Better at Reducing Poverty

Chandigarh emerged the best governed Union territory in the category of UTs with 1.05 PAI points, followed by Puducherry (0.52) and Lakshadweep (0.003). Dadar and Nagar Haveli (-0.69), Andaman, Jammu and Kashmir (-0.50) and Nicobar (-0.30) were the least performers.

According to PAC, the governance performance is analysed in the context of sustainable development defined by three pillars of equity, growth and sustainability. Speaking on the occasion, Kasturirangan said: “The evidence that PAI 2020 generates and the insights that it provides must compel us to reflect on the economic and social transition that is underway in India.”

In Andhra Pradesh, Police’s Move to Handcuff Protesting Farmers Points to a Greater Malaise

Ever since the YSRCP government has assumed power, allegations are rife that Andhra Pradesh police are treating marginalised in inhumane manner, and stifling dissent.

Vijayawada: On October 28, seven farmers were handcuffed by Andhra Pradesh Police while protesting in Amaravati against the government’s move to shift the state capital to Visakhapatnam.

The incident has drawn national attention as five of those arrested are Dalits and two belong to Other Backward Classes. Not only has the National Human Rights Commission (NHRC) taken cognisance of the matter, the opposition Telugu Desam Party (TDP) has lambasted the Y.S. Jaganmohan Reddy government for meting out inhumane treatment to farmers.

Given the criticism unleashed against the state government, six constables, who were involved in the incident when escorting arrested farmers from Narasaraopet sub-jail to the central prison in Guntur, have been placed under suspension.

Andhra Pradesh home minister Mekathoti Sucharita too expressed regrets.

But these moves come across as too little, too late.

Also read: Andhra Pradesh: Dalit Man Dies After Being Beaten by Police for Not Wearing Mask

The SC and OBC farmers were arrested and sent to judicial custody on Monday. On Tuesday, they were subjected to COVID-19 tests before being shifted to the prison in Guntur. The police arrested them on charges of “obstructing a section of Dalits from entering their villages.”

The arrested farmers were a part of a gathering of protesters who had assembled in Amaravati from different parts of the state to protest the YSRCP government’s capital shifting decision. That the police did not even apply their mind in handling the protesters is evident from the fact that they have foisted a case under SC and ST (Prevention of Atrocities) Act against five Dalits, who were among those subjected to handcuffing.

The Supreme Court in 1995 held that minimal freedom of movement cannot be cut down by the application of handcuffs or other hoops. It had categorically stated that the handcuffing of prisoners without judicial consent was illegal.

Court directions ignored

In the landmark Supreme Court case of Prem Shankar Shukla v. Delhi Administration (1980), the court held that indiscriminate use of handcuffs by the police is a violation of the right to personal liberty guaranteed under Article 21 of the Indian constitution.

According to the court, handcuffing is legal only if the arrestee is: (a) involved in serious non-bailable offences (b) previously convicted of a crime, of desperate character, likely to commit suicide, or likely to attempt to escape. The use of handcuffs and the reasons for their use must be recorded.

police reforms

Representative image. Opposition TDP alleges that police have been unleashing a reign of terror in the state after the YSRCP government assumed power. Photo: Special arrangement

But it is explicitly clear that the current case involving farmers does not attract either of the provisions mentioned in the police manual. So, it is clear that the police have brazenly overstepped the rule of law just to please their political bosses, says V.S. Krishna, convener of the Andhra Pradesh Human Rights Forum.

Also read: Andhra Pradesh HC’s Gag Order on Reporting ‘Shady’ Amaravati Land Deals Criticised

Telugu Desam Party politburo member Varla Ramaiah moved NHRC, seeking to rein in the police machinery, which he has accused of unleashing a reign of terror against opposition parties at the behest of the ruling party.

The YSR Congress government, headed by Jaganmohan Reddy, after all, has set an anti-Amaravati mood in its symbolic war against his predecessor N. Chandrababu Naidu, and the police are doing more than what they are asked to so as to be in the good books of the helmsmen of the government, G. Gangadhar, a whistle-blower doctor heading the OBC cell of the AP Congress Committee, has told The Wire.

Gangadhar has also moved the National Human Rights Commission (NHRC) after he was implicated in a case by the CID sleuths for his comment in a TV debate, on the fact that the government will lose the battle against COVID-19 if it loses the frontline warriors like the doctors.

Spike in the crime rate in AP

The National Crime Records Bureau (NCRB) in its latest data has revealed that Andhra Pradesh stood sixth among states with a crime rate of 227.9 cases per one lakh population in the year 2019, while Haryana topped the list with 386.4 cases per lakh.

There has been an increase in crime against women – 17,746 cases were filed in 2019 as against 16,348 in 2018.

Andhra Pradesh is ranked sixth in terms of crime rate in the country, as per 2019 figures. Photo: NCRB

Of the total cases in 2019, 7,851 cases relate to domestic violence by husbands and his relatives, 1,086 rape cases (542 below 18 years and 542 above 18 years), 112 dowry deaths, 589 kidnap cases and three acid attacks were recorded.

“When asked to bend by our political masters, we are crawling,” laments a senior police officer. “The agitation against shifting of the capital is a political issue and it is the political agenda of the Jaganmohan Reddy government to fizzle it out. But the police department has arrogated to itself the burden of the political agenda,” the officer has added, wishing not to be identified.

The observations of the police officer hold water if the cases of tonsuring and rape of a Muslim minor girl recently serve as any pointers. A station house officer and two other constables were arrested after they tonsured a Dalit youth allegedly at the behest of a local ruling party leader. The leader behind the tonsuring case managed to go off-the-hooks.

In another case of rape, involving a Muslim minor girl, the police filed a counter case under the SC and ST (Prevention of Atrocities) Act against the victim’s father allegedly under pressure from the local YSR Congress leaders, who pressurised victim family to withdraw the rape case. The victim’s father Shaik Sattar attempted self-immolation on the premises of the district collectorate at Kakinada in the first week of October.

Also read: Andhra Pradesh Government Places DGP-Rank IPS Officer Under Suspension

Allegations are abound in the state that the police have made as mere tools to execute the agenda of the party in power in the state. The trend appeared to have set in since 2004 when Jagan’s father Y.S. Rajasekhar Reddy rode to power.

After Jagan came to power in 2019, appointments and postings of senior police officers all the way down to DSPs are allegedly being made with the involvement of Chief Minister’s Office (CMO), resulting in direct political interference in the functioning of the police department.

Miffed over the goings-on in the department, at least half a dozen senior IPS officers have opted for central services on deputation in the last 18 months since Jagan took over as chief minister.

Recently, the Andhra Pradesh high court admonished state director general of police (DGP), Gautam Sawang, while hearing a habeas corpus petition in relation to a case of missing person in state’s East Godavari district.

Indupalli Venkatarama Raju, a resident of Amalapauram in East Godavari district, had mysteriously gone missing after being summoned by the police for questioning in a case.

The high court bench headed by Justice Rakesh Kumar on September 15 had asked the DGP to resign if he could not keep his forces under control.

Also read: Andhra Pradesh HC Says Persons in High Posts ‘Waging War’ Against Judiciary, Orders CBI Probe

Earlier, the high court also made critical observations against the DGP when opposition leader N. Chandrababu Naidu was arrested in Visakhapatnam after he had been served with notices under Section 151 of the CrPC during his Praja Chaitanya Yatra.

Referring t tonsuring cases reported each in East Godavari and Visakhapatnam districts and the arrest of a 66-year-old woman, Ranganayaki, at Guntur district by CID personnel for sharing a Facebook post on the gas leakage in a Visakhapatnam plant, Gangadhar said it is high time that police are reined in to uphold free speech.

Now, Rajasthan Govt Introduces 3 Bills to Counter Centre’s New Farm Laws

The move comes after the Punjab Assembly earlier this month adopted a resolution against the farm laws and unanimously passed four bills to counter the Centre’s contentious legislations.

Jaipur: The Rajasthan government on Saturday introduced three bills in the assembly to negate the impact of the farm laws enacted by the Centre recently.

The move comes after the Punjab assembly earlier this month adopted a resolution against the farm laws and unanimously passed four bills to counter the Centre’s contentious legislations.

Rajasthan’s Parliamentary Affairs Minister Shanti Dhariwal introduced the Essential Commodities (Special Provisions and Rajasthan Amendment) Bill 2020, the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Rajasthan Amendment) Bill 2020 and the Farmers Produce Trade and Commerce (Promotion and Facilitation and Rajasthan Amendment) Bill 2020.

He also introduced the Code of Procedure (Rajasthan Amendment) Bill 2020 on the first day of the Assembly session.

A number of provisions to protect the interests of farmers, including sale or purchase of a crop under farming agreement on a price equal or greater than minimum support price and imprisonment of three to seven years for harassment of farmers, have been included in the bills.

Also read: Punjab’s New Farm Laws: High on Rhetoric, Short on Ideas?

The Congress leadership has suggested that states where it is in power should pass laws of their own to counter the central legislations that had triggered farmers’ protests in several parts of the country.

In the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services (Rajasthan Amendment) Bill, a provision states, “Provided further that no Farming Agreement for the sale or purchase of a crop shall be valid unless the price paid for such agricultural produce is equal to, or greater than, the prevailing Minimum Support Prices, announced by the Central Government for that crop.

Apart from a few other amendments, three new sections have been added as special provisions for Rajasthan, providing for punishment for harassment of farmers and powers to the state government to give directions.

The bill proposes punishment of imprisonment from three to seven years with or without a fine of Rs five lakh if any person, company or corporate house or any other association or body of persons harasses farmers.

“There has been extraordinary outrage amongst the farmers, farm labourers and all others engaged in incidental and ancillary agricultural activities. Since the direct consequences of the Central Act would be to nullify the minimum support price mechanism that has stood the test of time and introduce several other infirmities and distortions operating to the grave detriment and prejudice of agriculture and the communities associated with it,” the statement of the Bill said.

“The Parliament has also introduced a mechanism for production, trade and commerce in agricultural produce through this Central Act, that is vulnerable to encroachment and manipulation by vested corporate interests through provisions such as contract farming minus a guarantee of minimum support price and leaving the farmer open to the vagaries of market forces for getting a remunerative price for agricultural produce, fruits and vegetables. No check has been provided against exploitation of farmer, it said.

In the Farmers Produce Trade and Commerce (Promotion and Facilitation and Rajasthan Amendment) Bill, one of the proposed amendments pertains to regulation of notified agriculture produce, which says that the state government may notify a Fee/Cess/Cesses/Charges on notified agricultural produce, brought or bought or sold, by a corporate or trader for trade and commerce in a trade area.

The Rajasthan government also introduced three other bills on the first day of the session — the Rajasthan Epidemic Diseases (Amendment) Bill-2020, the Code of Civil Procedure (Rajasthan Amendment) Bill-2020 and the Rajasthan University of Veterinary and Animal Sciences (Amendment) Bill-2020.

Also read: RSTV Footage, MPs’ Accounts of Farm Bills Debate Paint Picture of RS Rules Violation

The House was adjourned for the day after obituary references on the death of former president Pranab Mukherjee and other leaders who passed away recently.

After the House was adjourned, deputy leader of opposition Rajendra Rathore told reporters that the BJP will oppose the bills and will prove during the debate on Monday that the central laws are in favour of farmers.

State Congress president Govind Singh Dotasra said that Prime Minister Narendra Modi had promised, during election campaigns, doubling the income of farmers but after winning the elections he worked to serve the interests of the corporate houses and anti-farmers legislations were enacted.

The three central farm bills – the Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020, the Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 and the Essential Commodities (Amendment) Bill, 2020 – were passed by Parliament recently. Subsequently, President Ram Nath Kovind gave his assent to the bills.

The Centre has asserted that these new laws will be beneficial for farmers and will increase their income.

Earlier, Rajasthan Chief Minister Ashok Gehlot had said his state would follow Punjab in bypassing the “anti-farmer laws”.

Pulwama: PM Modi Says Govt Critics ‘Exposed’ After Pakistani Minister’s Line in Parliament

Pakistan’s science and technology minister Fawad Chaudhry’s lines at the Pakistan parliament were recently interpreted as a claim on the Pulwama terror attack.

New Delhi: Prime Minister Narendra Modi on Saturday said that the “truth” of last year’s Pulwama terror attack, in which 40 CRPF personnel were killed and over the handling of which his government had been criticised, has been accepted in the Pakistani parliament.

Modi’s statement ostensibly took off from Pakistan’s science and technology minister Fawad Chaudhry’s lines at the Pakistan parliament, which were interpreted as a claim on the Pulwama terror attack.

Humne Hindustan ko ghus ke maara (‘We hit India in their home’). Our success in Pulwama, is a success of the people under the leadership of Imran Khan. You and we are all part of that success,” minister Fawad Chaudhry said in the national assembly, NDTV reported.

When there was an uproar in the assembly, he rephrased, “Pulwama ke waqiyeh ke baad, jab humne India ko ghus ke maara (‘When we hit India in their home after the incident at Pulwama’)”.

Chaudhry further clarified in a tweet that he was only referring to Pakistan’s counter air strike in Indian territory.

However, when the prime minister spoke at Kevadia in Gujarat, after paying tribute to Sardar Vallabhbhai Patel at the Statue of Unity on his 145th birth anniversary, he said the face of his detractors were ‘exposed’ on the basis of the ‘acceptance of truth’ by Pakistan.

Also read: Pulwama, China and Atmanirbharta: Is Modi at the End of His Tether?

“The country cannot forget the unwanted statements given after Pulwama attack. Dirty politics laced with selfishness and arrogance was at its peak when the country was suffering from immense pain,” Modi said. “The real face of such people has been exposed after the truth was accepted in the parliament of our neighbouring country,” he added.

“Politics done after Pulwama attack shows that people can cross any limit for their political gains. I want to urge such political parties not to indulge in this kind of politics as it affects the morale of our security forces,” he said.

“You should refrain from playing into the hands of anti-national forces, knowingly or unknowingly,” he added.

Modi is not alone in attempting to leverage the value of the Pakistan minister’s line for political purposes. Union ministers Prakash Javadekar and Rajnath Singh, in addition to several in the ruling Bharatiya Janata Party including its chief J.P. Nadda, have called for apologies from “government critics,” Congress leader Rahul Gandhi and the Congress, which has demanded an in-depth look into the Centre’s alleged negligence.

Congress’s Shashi Tharoor, who is the Thiruvananthapuram MP, has tweeted charging the government as to what the Congress should apologise for.

BJP’s Free COVID-19 Vaccine Promise Not a Violation of Model Code: EC

The saffron party’s promise had kicked off a debate. The RJD-led opposition alliance had accused the BJP of “politicising the pandemic and playing on the fears of the people”.

New Delhi: While at least two former Chief Election Commissioners believed that the electoral promise of free COVID-19 vaccine by the Bharatiya Janata Party in Bihar violated the model code of conduct (MCC), the Election Commission of India (ECI) has disagreed. This has predictably opened the field for the saffron party to advertise its controversial announcement.

In its response to a complaint by RTI activist Saket Gokhale, alleging that the promise was a violation of the Union government’s powers, and disturbed the level-playing field, the ECI gave a clean chit to BJP. Gokhale had said that the promise of free distribution of vaccines was an attempt to mislead voters as the cure for COVID-19 has not been decided yet. However, the ECI said that the BJP’s election manifesto was not violative of the MCC.

“The Commission’s reply to Gokhale, dated October 28, quotes three provisions from the MCC: that state election manifestos should not contain anything repugnant to the Constitution; should avoid making promises that vitiate the purity of the electoral process or exert undue influence on the voter; and should reflect the rationale behind promises. The reply also points out that manifestos are always issued for a specific election,” the Indian Express reported.

“In view of the above, no violation of any of the provisions of Model Code of Conduct has been observed in the instant matter,” the ECI told Gokhale.

Also read: BJP’s ‘Free COVID Vaccine for Votes’ Offer for Bihar Raises Concerns of Health Policy, Ethics

The saffron party’s promise had kicked off a debate when the Rashtriya Janata Dal-led opposition alliance had accused the BJP of “politicising the pandemic and playing on the fears of the people”. The BJP had said that once the ICMR approved the vaccine, residents of Bihar will be given free vaccination.

“Corona[virus] vaccine belongs to the country. It does not belong to the BJP. The political use of the vaccine shows that they have no option but to sell the fear of the disease and death. The people of Bihar have self-respect, they do not sell their children’s future for a few pennies,” the RJD said later.

However, BJP’s Bhupendra Yadav had defended the promise. “I do not understand why it is becoming a controversy. Health is a part of public policy, and all political parties make promises on public policies. Just like some parties promising farm loan waiver, we are promising to keep the people in Bihar safe,” Bhupender Yadav, BJP general secretary in-charge of Bihar, had told The Indian Express.

The ECI has been lenient towards political parties in the recent past. During the run-up to the Lok Sabha polls, it let the Congress walk free on a complaint that its promise of implementing NYAY scheme, which promised a sum of Rs 72,000 (Rs 6,000 per month) for 25 crore people below the poverty line.

However, since the vaccine is being supervised directly by the Narendra Modi-led Centre, opposition parties thought that BJP’s promise of free distribution of it in Bihar is a different case altogether. “While the Congress was in opposition, the BJP is a ruling party both at the Centre and the state. The promise of a free vaccine by it makes it look like a bribe,” an RJD leader, who didn’t want to be named told The Wire in Patna.

Interview | ‘Why Not Make Transparency Watchdog Transparent?’: IC Who Live-Streams Proceedings

Rahul Singh of the Madhya Pradesh State Information Commission has been consistently live-streaming the proceedings of his bench since August, nearly two months before the Gujarat HC began experimenting with it.

Welcoming the Gujarat high court’s decision to live-stream hearings on an experimental basis, Right to Information (RTI) activists point to Rahul Singh, state information commissioner of Rewa, Madhya Pradesh State Information Commission (MPSIC), as a person to emulate.

Singh has been live-streaming his hearings on his Facebook page since August this year to undo the limitations brought upon open court hearings by the nationwide lockdown due to the pandemic. His style of transparency, RTI activists feel, needs to be emulated by judicial and quasi-judicial authorities.

Singh, one of the youngest information commissioners in the country at 43, had been a journalist before he joined the commission on March 30, 2019, and thus is from a “non-bureaucrat” background. He has been reaching out to applicants and citizens, guiding them every week by attending RTI meetings and answering questions and queries through social media, something most sitting commissioners are averse to doing.

He spoke to The Wire on his decision to live-stream hearings, his effort to bring down pending appeals, the use of technology to reach out to citizens and guide them, what he thinks of the “misuse” of RTI and the importance of RTI among other issues.

When did you start live-streaming your proceedings and what made you start it?

I started live streaming my hearings through my Facebook page on August 19, 2020. This was around the lockdown time when COVID-19 forced us to look at ways to reach out to people. I took this curb as an opportunity. The idea was to provide transparency in the functioning of the commission. As per rules, our orders are anyway supposed to be pronounced in open court. Lockdown had stopped that from happening. But with live streaming, we can achieve that. The mobile [phone] is put on a stand and live-streaming is started as hearings begin.

Viewers write comments during Rahul Singh’s live broadcast of the hearings.

There were many other things that became transparent too. The conduct of the commissioner, whether he is fair and just, reduces the probability of bias creeping in, the arguments given by public information officers (PIO) and applicants are known to people and even they can judge us with what we have done.

There were times when the appellant or the PIO would ask why a certain decision had been taken in their absence. They would say that they had given their defence and it was not taken note of by the commission. Live-streaming was done to not give them enough room for suspicion. They can revisit the hearing this way and see that their arguments were considered. The idea was to ensure that there is fairness and no manipulation.

I have seen that commissioners have often said that they have taken note of things and they will pass an ‘appropriate’ order. Now, what this appropriate order is no one knows unless they have the order in their hands.

In my case, I announce the verdict then and there and also mention why the officer is being penalised. I mention the sections why an officer is to be penalised and reasons why information is to be given. Since we are called transparency watchdogs, I thought why not make the watchdog more transparent?

What is the total number of appeals and complaints you have disposed of?

I have heard a total of 786 appeals and 28 complaints since I took office on March 30, 2019. The oldest file was from 2015. When I joined, 648 appeals and 197 complaints were pending for my bench. MPSIC has around 15,000 appeals and complaints pending. In my bench, the appeals have reduced to 591 and complaints stand at 288 and we are hearing cases from 2018 now. Over 90 appeals and complaints were heard last month and that is the average I have tried to keep.

I have recommended penalty and action in over 70 cases, where the penalty amount stands at Rs 8.5 lakhs. Over Rs 1 lakh has been recovered till now as per my information. In some cases we learned that the penalty was not being collected, so now my order states that the penalty is mentioned in the service book also, so that if it is not recovered now, when the officer retires, it will be deducted from his final settlement amount.

The number of disposals would still be considered low…

The number of disposals is low because I have the sanctioned strength of only one assistant and two people working on my bench. In some commissions, like Maharashtra, they have a staff of over 15 people. What can you possibly do with just two people? They have office work as well. The two are supposed to do everything, from accepting appeals and complaints to helping with the final orders and sending them out. A number of appeals and complaints were filed during my tenure when people started seeing that appeals and complaints are being heard and disposed of.

Also read: ‘Mounting Pendency,’ Petitioners Ask SC to Urgently List Information Commissioner Vacancies Matter

You cannot compare us with other commissions or even the Central Information Commission as we do not even have a registrar. I am trying to get some interns. It is something Shailesh Gandhi and Sridhar Acharyulu suggested as they also faced similar problems. [Shailesh Gandhi and Sridhar Acharyulu were former Central Information Commissioners from “non-bureaucratic” backgrounds who passed many landmark orders and whose work set a benchmark of sorts.]

We are also taking up hearings of the present year in batches so that the present PIOs are sensitised and fear that they could be fined if they are sitting on applications or not providing information. I have tried to use many ways to give both applicants and officers the ease of reaching out to the commission and hearings are conducted soon.

What are these steps?

This is something I was trying to work on even before the pandemic struck. We have tried to use WhatsApp, email and phone calls in a big way. I also interact with people on my FB page and Twitter handle, replying to their queries. I have taken life and liberty cases (these need to be taken up in 48 hours) through Twitter. Even notices were sent the same way.

Even earlier, we observed that a number of times, the postal services were taking a lot of time. What we have done instead is use WhatsApp to send notices and emails to get replies and arguments. We had a problem in this because for some reason, Hindi – the language used here – documents were not going in PDF format. It also increased our work as we had to do things twice.

RTI Act. Illustration: The Wire/Public domain images

Unlike in Maharashtra, all commissioners sit in one place here. Instead of calling officers and applicants here, we ask them to speak on the phone after confirming their contact number. This way, man-hours are not lost and officers can do a lot more work. One officer was in a field in a village, doing some inspection work. He took a break from that, spoke to us on the phone where even the applicant could hear him and then got back to what he was doing when the hearing was over. A lot of unnecessary government expenditure is saved this way and above all, man-hours are not lost in commuting. This is also speedier.

Also read: PMO Blocks RTI Requests on PM-CARES Again, Says Responding Will ‘Divert Resources’

I am also trying to have a Grievance Redressal Day on Constitution Day, where interns can help redress the grievances of citizens on how to file an application and address queries such as when the hearings will take place, etc.

Unlike most sitting commissioners, you attend RTI meets and are active on social media.

I have tried to reach out to citizens through Zoom meetings which many commissioners have been averse to. But I have attended and continue to attend them. Earlier we had people from villages calling from their homes and asking if they can use RTI for some problem. Now the audience has grown and people outside Madhya Pradesh also attend.

People do not know how to go about filing an RTI application. Some do not know that RTI is not the way ahead for what they want. We have taken suo motu cognisance against officers. I have asked my office to send notices to officers. In one case, an officer did not know the rules of RTI. He insisted that he will not take fees in a certain way. The applicant took a video of it and even asked him to give it in writing. Since there was written evidence, we took this up as a complaint after the applicant contacted me on social media. Our office got in touch with him and we penalised the PIO. Even after 15 years, many still are not aware of the RTI Act as much as they should be.

What do you have to say about allegations of “misuse” of RTI and “blackmailing”?

There are allegations of misuse made by public information officers. When you hear something like this again and again, you have to take notice of it. A PIO once said that someone was blackmailing him. Now, blackmailing is a criminal act. I mentioned his allegations (only that bit as an allegation) in my order and sent a copy of my order to the superintendent of police to enquire into the allegations of the PIO. I did not write anything else. I am yet to follow up on it though.

Also read: Vacancies, Pending Cases Threaten to Take the Wind Out of RTI’s Sails as it Turns 15

I have also told PIOs that they should file a complaint with the police. The applicant, however, continues to file the RTI in that case (as is his right). Increasingly there were instances not just in my bench but others also, where applicants wrote that officers should not be fined. They have done this after the commission hearing has happened, they got information and show-cause notices were served on the officer asking why they should not be fined. There was an impression created that after getting information, there was some dealing between them to avoid the fine. In one such case, I fined the PIO, as the matter of penalising is between the commission and the officers.

I am of the opinion that more and more information should be declared suo motu by all public authorities so that there is no question of any blackmailing or wrongdoing. Transparency will help curb this. Many people still do not know how to use RTI and there is also blatant violation by the PIOs.

I have also discouraged people who have lost their jobs for not attending office for days together and then harassing colleagues by filing random RTI applications. I understand they can fight their cases of expulsion if they feel it was unjustified and use RTI for the same, but it cannot be allowed to be used to settle personal grudges. In the RTI, the intent is important. By filing random RTI applications in large numbers and asking for voluminous information, they only try to trouble their former colleagues. They can use it for transparency and accountability. So I ask them why they need information and if I am not satisfied, I turn down their applications if it is meant to only obstruct and hamper government functioning and harass their former colleagues.

But it is said that applicants need not be asked to give any more detail than required to contact them when filing an RTI application.

Reasons and intents needs to be known. For example, there are people who ask for personal information that is exempt under 8 (1) (j) of the RTI Act unless larger public interest is justified. Now, to understand if public interest is served or not, either I understand on the face of the RTI application or I have to ask the applicant to explain and justify where public interest is served.

The RTI logo. Illustration: The Wire

I remember there was a court order that said a degree cannot given if it is of a third party. But I asked that the applicant be provided a copy of the degree of someone else even when the court order was against it because he could convince me of public interest. He said that a person managed to get a government job based on the degree and he wanted to know if he had a degree. The university had not provided it, saying it is third party information. I allowed the application and he was provided with the degree as he has the right to verification.

Also read: Modi-Led Panel Appoints ‘BJP Supporter’ Journalist as Information Commissioner, Opposition Protests

What has been the importance of RTI and any landmark order of yours you would want to talk about? 

There was a case where a person got justice after he filed an RTI application and the Information Commission pursued his matter. The high court had given orders to clear his pension, but he did not get it. When the matter came before the Information Commission, I made the principal secretary of the department a ‘deemed’ public information officer. In such a scenario, he could be penalised or have disciplinary action initiated against him for not giving information because such information finally rests with him. The applicant’s case was speeded up. What could not be achieved even after a court order could be done via an RTI application and the fear of the commission penalising even a senior officer.

Another case was of a taxation scam unearthed in a panchayat through RTI. I asked that all information be put on the website suo motu so that functioning is transparent in future. There are some important orders in the pipeline. After 15 years there are still some bodies that think they do not come under RTI. I will be bringing them under the RTI ambit and ensuring they make suo motu disclosures so that people do not resort to filing RTI applications. 

Ashutosh M. Shukla is an independent journalist based out of Mumbai. He has been writing on RTI and transparency related issues among other topics. He tweets @scribeashutosh.

Watch | At Patna’s Labour Chowk, Workers Say Revival of Their Livelihoods Is Not a Poll Issue

Since the coronavirus-induced lockdown, which has now been lifted in many parts of the country, the labour economy hasn’t revived and workers are unemployed. 

Every morning, hundreds of labour workers, from across Bihar, deboard a train at this railway line passing through the city of Patna. If there are 400 workers on a given day, only 50 or 60 of them get work.

Since the coronavirus-induced lockdown, which has now been lifted in many parts of the country, the labour economy hasn’t revived and workers are unemployed.

In Bihar, almost 46.6% of the population is unemployed. Those who are unable to receive university-level education, given the poor quality of it in Bihar, find it even more difficult to get jobs. Some who can migrate to other states have it better but those who can’t, migrate internally to Patna in search of daily-wage work.

Workers say that while they used to get work before the lockdown, they were never given government-mandated minimum wages for their labour.

This despite a minimum-wage guarantee board stuck on one of the pillars of a flyover next to the tracks. Workers blamed systemic corruption in Bihar for the rot in their lives.

Book Review: The Hidden History of Female Agency in the Sikh Empire

Priya Atwal’s regal history combines academic finesse with lucid prose to examine the role women played in the Sukerchakia dynasty.

Priya Atwal’s new book, Royals and Rebels, turns convention on its head.

In traditional accounts, Maharajah Ranjit Singh – the Sher-e-Punjab – was the “solitary genius” of the Sikh Empire, singularly responsible for its rise and whose death precipitated its inevitable demise. Atwal challenges this proposition by examining the role of ruling women and young princes of the Maharajah’s royal house in his dynastic project.

The Sikh Empire, which was founded in 1799, lasted a brief 50 years until its annexation by the British East India Company in 1849. Proclaiming himself the Maharajah of Punjab in 1801, the empire founded by Ranjit Singh also encompassed swathes of territory up to the Khyber Pass as well as Jammu and Kashmir. Its royal capital was situated in Lahore where the Samadhi of the first Maharajah towers, to this day.

Following Singh’s death in 1839, the empire’s final decade witnessed two disastrous wars against the British and the sporadic reigns of various successors, culminating in that of the boy-king, Duleep Singh, who was exiled to Britain.

Atwal’s scholarship is inspired by the feminist historiography of Ruby Lal, among others, whose exposition of gender relations in the context of the Mughal harem established a novel paradigm for the analysis of royal domestic power.

By dissecting British colonial sources and Punjabi chronicles, Atwal showcases the centrality of female agency to the expansion of Sikh sovereignty and how denial thereof contributed to the empire’s downfall. Her comparative regal history, which combines academic finesse with lucid prose, also enriches our understanding of what it meant to be an Indian king. Royals and Rebels is published by Hurst in the UK, and is forthcoming from HarperCollins in India.

To be a Sikh king

Atwal commences with a discussion of “Sikh kingship” as a moral ideal, providing a framework for comprehending the intellectual foundations of Ranjit Singh’s Sarkar-i-Khalsa (Government of the Khalsa). Biographers of the Maharajah have often questioned the compatibility between his monarchy and the egalitarian principles of Sikh governance in the post-Guru period.

Also read: Shaheed-E-Azam Udham Singh: Remembering an Indian Radical

Atwal suggests these criticisms are misplaced. Instead, she locates the Maharajah’s dynasticism within the tradition of “revisionist royalism” established by Guru Gobind Singh. The Tenth Guru had re-modelled the Mughal ideal of “sacred kingship” by infusing the responsibilities of regal authority with the spiritual equality of the Khalsa.

Priya Atwal
Royals and Rebels – The Rise and Fall of the Sikh Empire
Harper Collins India (2021)

This argument makes sense of seemingly paradoxical elements of the Maharajah’s rule. For instance, despite establishing his own personal dynastic hierarchy, the Maharajah refused to sit on the Mughal throne upon taking Lahore in 1799. He similarly rejected the minting of coins bearing his name. Instead, they featured images of the Sikh Gurus. In Atwal’s thesis, the Maharajah was embracing the Fifth Guru Arjan’s notion of Halemi Raj (modest and just regime) “on his own terms”.

New dynasty, new empire

Having explained the contours of this hybrid “royal culture”, Atwal segues into a rich analysis of how the Maharajah transformed his family’s misl holdings into the Sukerchakia dynasty. This is an essential element of her book. What has come to be known as the “Sikh Empire” was in fact the territory under the control of the Sukerchakia family, of which Ranjit Singh was a third-generation member.

In illustration of her work’s comparative pedigree, Atwal argues Ranjit Singh and his empire made this transition by engaging in a form of “dynastic colonialism”. This concept describes the processes through which a royal household comes to dominate land and spaces in material and cultural ways, which in turn advances political control by that family.

Marital alliances were “a central mechanism through which the Sukerchakias were able to build social and kinship connections, enabling the power of the misl to be embedded.” For instance, Ranjit Singh’s Mother, Raj Kaur, oversaw his first marriage to Mehtab Kaur of the Kanhaiya misl, and his second marriage to Mai Nakain of the Nakai misl – both of which encircled Lahore.

Elite Sikh women also had “relative independence” in military and administrative affairs. For example, Singh’s Mother-in-Law, Sada Kaur from the Kanhaiyas, was instrumental to his conquest of Lahore. Not only was her alliance militarily indispensable, but as narrated by the Maharajah’s court historian, Sohan Lal Suri, Sada Kaur then secured the peace by ensuring that Khalsa honour codes of territorial distribution were observed among misl competitors.

Overall, Ranjit Singh and his principal heirs – Kharak Singh and Nau Nihal Singh – entered at least 43 marriages between the years 1795 and 1842. These included marriages across class and caste lines, and in this respect, Atwal draws a comparison with the conduct of “protection” marriages by the Mughal Emperor Akbar. Together with the training and deployment of the princes as soldier-administrators (a policy she further compares with the Mughals), these strategic marital alliances enabled Ranjit Singh to break away from the Sikh sardar/misldar class and develop a “newer superior league of royalty”. What emerges from her analysis is a “connective” vision of Indian kingship.

Also read: Book Review: Discovering Nanak Singh, Rediscovering ‘Khooni Vaisakhi’

Another aspect of royal female agency is the role played by the Maharanis in maintaining their own havelis. Mai Nakain, for instance, took control of the Sheikhpura Fort, acting as a political proxy for the Maharajah. Showcasing the Durbar’s cultural power, she adorned her apartments with garden imagery and pious depictions of the Sikh Gurus. These symbolic representations exemplify the “continual balance of power with humility that characterised the Sukerchakia raj.”

Atwal brilliantly combines this cultural analysis with an intricate dissection of Orientalist gender stereotypes. As originally articulated by Rosalind O’Hanlon, these posit a dichotomy between the “martial masculinity” of independent warriorship and the more “feminised” arena of the court, occupied by “dandified men” and zenana-bound women. The Sukerchakia dynasty problematises this binary in several ways.

First, the Maharajah patronised Sikh courtly culture, which encompassed raising his sons as Kanwars (princes). Second, in 1839, Kharak Singh commissioned a Sanskrit astronomy manuscript – the Sarvasiddhantattvacudamani. This “cultural connoisseurship” also challenges the contemporary British depictions of him as an “imbecile” and the characterisation of Punjabi royals as “unrefined”. Third, royal women were involved in princely education and war. In 1816, Kharak Singh’s mother Mai Nakain took over his training for 18 months. Together they conquered Multan.

All the world’s a stage

A sizeable portion of the book dwells on the relationship between the Sikh Empire and the British East India Company. Atwal explores how Ranjit Singh used Anglo-Punjabi relations as an opportunity to advance his dynastic brand. Such insightful evaluation is made possible by her command of the primary source material.

An illustration of Maharaja Ranjit Singh. Photo: Colonel James Skinner/Wikimedia Commons, CC BY-SA

To this end, Atwal surveys numerous diplomatic interactions between the parties. For instance, at the 1838 Lahore Durbar welcoming Lord Auckland to his kingdom, the Maharajah awarded the Governor-General an official Punjabi decorative order. This intimacy was to symbolise dynastic proximity.

At the same time, she notes that whilst many British sources foreground the Lahore Court’s cocktail-fuelled nautch (dance) parties – fuelling Orientalist narratives of Punjabi “decadence” – politically significant meetings were often held in the Maharajah’s gardens. Ranjit Singh’s fondness for horticultural pursuits is further evidence of his engagement with Indo-Persian artistic culture, an affection he shared in his decision to gift the Company’s Political Agent, Claude Martin Wade, a gardening text from his royal library. This is especially salient considering his illiteracy.

Also read: Time to Rescue South Asia’s Muslims and Sikhs from Divide-and-Rule Historiography

However, it should come as no surprise that it was in the realm of weddings that Ranjit Singh made his boldest efforts to enter a “transnational world of royalty”. We learn that the 1811 and 1837 weddings of his son, Kharak Singh, and grandson, Nau Nihal Singh, were occasions of “spectacular dynastic exhibition”. The use of royal symbolism throughout the lavish festivities, combined with invitations to British officials and local aristocracy, were geared towards cementing a new social hierarchy in the Punjab.

After the Lion

The latter sections of the book may be described as a historiographical rescue operation. The dominant view has been that the post-Ranjit Singh period was one of “weak characters”, “bitter divides” and “chaos”. According to Atwal, this narrative has gone unchallenged because of the greater prevalence of (biased) British sources.

For example, an enduring British motif proffered by the Company’s Ambassador, Alexander Burnes, is the notion that Kharak Singh was “of weak mind”. Atwal probes this claim by contrasting it with Punjabi contemporary accounts. She shows that the opinions of Company officials varied according to their strategic assessments. Essentially, those who favoured a more aggressive Company policy vis-à-vis the Sikh Empire were more inclined to perceive his lesser ability to govern.

Atwal also resurrects from obscurity the gendered tensions underpinning claims to legitimate authority. In November 1840, the senior-most wife of Kharak Singh, Maharani Chand Kaur, was traduced by competitor Sikh princes as a danger to the stability of the Lahore durbar. Her daughters-in-law were even poisoned to terminate their pregnancies, destroying their royal lineage. Court historian, Suri, strongly condemned this treatment as most “improper”. By illuminating the views of Punjabi chroniclers, Atwal adds the necessary context to holistically understand the “bitter divides”.

Maharani Chand Kaur. Photo: Wikimedia Commons, CC BY-SA

Jindan Kaur

Most maligned in the colonial accounts has been the youngest wife of Ranjit Singh, Jindan Kaur, who became the Queen Regent in 1843. The principal allegation against her is that she was a “slave” to her “passions”, whose feminine unsuitability for rule was to blame for the undoing of the Sukerchakia dynasty in 1849.

Atwal’s defence against this libel is heroic. By 1843-44, the Khalsa Army had emerged as an independent power centre, whose relationship with the Lahore Durbar became increasingly fractious. A popular myth relates that following the Army’s assassination of her brother and vazir, Jawahir Singh, Jindan provoked a disastrous war with the Company in 1845-46, in the hope that the Army would be massacred.

It was in fact the Army that was agitating for a war both to rebuff British military provocations and in the hope that victory would create an opportunity to loot British-held territories as contemporary Punjabi sources demonstrate. Atwal strengthens this argument with evidence from the records of British intelligence, which showcase how self-interested Lahore officials also conspired against the Durbar by bribing Khalsa soldiers. Thus, the Maharani had no choice but to sanction the invasion of Company territory.

Also read: In Honouring Ranjit Singh, Pakistan Is Moving Beyond Conceptions of Muslim vs Sikh History

The final chapter further explores the political implications of gendered litanies against the Maharani. British frustrations at the Maharani’s refusal to make political compromises led to the emergence of a de-legitimising discourse about her “debauchery”. What is striking here is the extent to which it was these biases against female authority, as well as British self-interest, which drove the Company to exile the Maharani from Lahore in 1847, and thus led her in 1848 to secretly instigate an insurrection against the British in Multan.

Whilst that rebellion failed, the indefatigability of the ‘Rebel Queen’ reinforces the merits of Atwal’s thesis about the fundamental role played by women in the Sukerchakia dynasty.

Sapan Maini-Thompson is training to become a barrister in the UK. He tweets @SapanMaini.

Three BJP Workers Gunned Down by Militants in Kashmir’s Kulgam

The assailants are from Lashkar-e-Taiba and The Resistant Front, police say.  

Kulgam (Jammu and Kashmir): Few metres away from Eidgah in Y.K. Pora Kulgam, which is about 65 kms from the summer capital Srinagar, a blood-stained road had just been washed. It was here three BJP workers had been shot dead by militants on Thursday.

Police have seized the vehicle in which the deceased workers were travelling. The three were identified as Fida Hussain Yatoo (29), Haroon Rashid Beigh (22) and Umer Ramzan Hajam (24).

“They were shifted to a nearby hospital for treatment where they were declared brought dead,” the police said in a statement soon after the attack.

A large number of mourners gathered at the house of Fida Hussain, who served as the general secretary of BJP Yuva Morcha in the area.

Hussain’s family were in deep shock. His mother, Shakeela Bano, was draped in black and devastated. Women who had gathered there tried to console her, but to no avail.

“He was her lone son,” said another woman, who lives in a neighbouring house abutting Hussain’s one-storey building. Hussain’s house which leads to a narrow main road was fully blocked with a steady stream of vehicles and milling crowds.

Also read: Kashmiris Mourn Another Life Lost as BJP Legislator’s Security Officer Killed by Militants

He was married two years ago. He is survived by his wife, a one-year-old daughter and his six sisters. His wife was sitting in the courtyard, silent.

Although his family members were reluctant to talk about his association with the BJP, his uncle, Bashir Ahmad, spoke to The Wire, “We have no idea about his involvement with the party, but our son was innocent.”

A relative, who asked to remain anonymous, recalled that Hussain had come home to attend his wedding and was unlikely to remain at home during social functions.

A similar picture

The single-storey house of Umar Hajam, another victim, is situated a hundred metres from Hussain’s house. The area is known as Kharpor.

Relatives and neighbours from adjoining areas were similarly in shock as preparations for last rites were underway.

According to his family, Hajam was working part time at a vehicle showroom in Qazigund and would hardly come home. His father, Abdul Rahman Hajam works with the public health engineering department.

Jammu and Kashmir BJP worker killed

The narrow road which leads to deceased BJP worker Umar Hajam’s house in Kahrpor in Jammu and Kashmir’s Kulgam town is milling with crowd, policemen, and media personnel. Photo: Quratulain Rehbar.

Hajam’s family told The Wire that he arrived home two days ago and left to meet his friends.

“We didn’t know that he won’t come back alive,” said Hajam’s aunt, who lives next door.

He was the lone son of his parents, says Hemal, their neighbour, who recalled that just a day before she had asked Hajam to help her replace the pipe of her gas stove.

“He would usually help me. He was very kind and collected,” she recalls.

Hajam has two sisters, both unmarried.

Assailants identified

At around evening prayer time, locals in Reshi Mohalla, heard five to six gunshots on Thursday. They were frightened but could not move out of their homes because, it did not occur to them that someone had been shot. The locals, who live just a few meters from the site, later saw a large number of people, including police, at the site and understood that something was not right.

“This is the first attack on people here. This is very unfortunate. I wish we could have saved their lives,” said a relative of Hussain, who lives in Reshi Mohalla.

Also read: An Uneasy Quiet in Kashmir Is No Guarantee That All Is Well

According to her, on Friday, the area was surveyed by the army. “They were taking down the details of families in this locality,” she recalls.

The area has been witnessing a large presence of security forces, including top officers. At around noon on Friday, BJP president for Jammu and Kashmir and Ladakh, Ravindra Raina, also arrived at Y.K. Pora to meet the bereaved families.

“These workers sacrificed their lives for the tricolour and this country. Their blood will not go to waste,” Raina said.

Talking about the incident, inspector general of police, Vijay Kumar, said militants from the Lashkar-e-Taiba (LeT) and The Resistant Front (TRF) came in a vehicle and resorted to indiscriminate firing at BJP youth leader Fida Hussain and his two colleagues.

According to him, police had already provided protection to slain BJP youth leader Fida Hussain.

The top police official added that militants behind the killings have been identified, as Nisar Ahmed Khanday and Abbas Shiekh.

Dalit Village Head’s Husband Set Afire in Amethi Over Alleged Electoral Rivalry

His family has claimed that he was killed over electoral rivalry and have lodged a complaint against five people, all from the upper castes.

Amethi A Dalit village head’s husband died from burns in Amethi after having been set on fire on Friday.

His family has claimed that he was killed over electoral rivalry and have lodged a complaint against five people – all of them belonging to the upper castes, according to Indian Express – of whom three have been arrested.

Arjun Kori (45), the husband of Bhadoiya village head Chhotka Devi, was found with serious burns on Thursday night. He died while being taken to a Lucknow hospital for treatment on Friday morning, the police said.

His son, Surendra Kumar, told reporters that Kori had gone to a market to purchase vegetables on Thursday evening, but did not return home. Later, he was found with serious burns on a property belonging to Krishna Kumar Tiwari.

Kumar said his father had a strong base in the area, which had perturbed his opponents, alleging that he had been killed over electoral rivalry.

Also read: The Panchayat in Hathras Is Still Trying to Replace the Constitution With Manusmriti

The victim’s son claimed that his father had taken names of four people, who stuffed a piece of cloth into his mouth and set him on fire after beating him up. SP Dinesh Singh said the incident was reported late in the night and Kori was then admitted to a hospital in Amethi. He died while he was being taken to a Lucknow hospital on Friday morning, Kumar said.

On the complaint of the family against five people, an FIR was registered. Three of the accused, including Krishna Kumar Tiwari, have been arrested while the hunt is on to nab the remaining of the accused, District Magistrate Arun Kumar and SP Dinesh Singh said in a joint press conference. Necessary financial help is being extended to the family, they said.

The SP said there are reports that a minor is also among the five named by the family and investigations have started in this connection.

(With PTI inputs)