Night Curfew to Be Reimposed in Punjab From December 1, Says Punjab CM

The CM has asked Chief Secretary Vini Mahajan to work with the concerned departments to encourage more private hospitals to come on board and earmark beds for COVID-19 care.

Chandigarh: The Punjab government on Wednesday decided to reimpose night curfew form December 1 in all cities and towns of the state, besides doubling the fine for not wearing masks.

The fresh restrictions to fight COVID-19 were announced amid fears of a second wave of the infection in Punjab in the wake of the grim situation in Delhi-NCR.

The night curfew will remain in force from 10 pm to 5 am, said Punjab Chief Minister Amarinder Singh after a Covid review meeting here, according to a government statement.

The fine for not wearing masks and ignoring social distancing norms too shall be hiked from the present Rs 500 to Rs 1,000.

The curbs, which shall be reviewed on December 15, also curtail operation timings of hotels, restaurants and marriage places and they will have to be closed by 9.30 pm.

The CM warned people against letting their guard down under any circumstances.

Also read: December Rules: States Now Need to Consult Centre for Lockdowns Outside Containment Areas

Given the inflow of patients from Delhi for treatment in Punjab, it has also been decided to review and optimise the availability of beds in the state’s private hospitals.

The CM has asked Chief Secretary Vini Mahajan to work with the concerned departments to encourage more private hospitals to come on board and earmark beds for COVID-19 care.

To further strengthen the availability of oxygen and ICU beds, Singh also ordered the strengthening of the level-2 and level-3 hospitals, with constant monitoring of districts that are not equipped with level-3 facilities.

The management practices in government medical colleges and hospitals and civil hospitals should also be examined in light of the recommendations of the report received from the expert group, he said.

The CM has also directed the health and medical education departments to make emergency appointments of specialists, super-specialists, nurses and paramedics, to further augment the manpower.

Recently, 249 specialist doctors and 407 medical officers were recruited.

The departments have also been asked to consider preparing fourth and fifth-year MBBS students as reserved back-ups, in case of need in the future.

On the testing front, the CM stressed the need to fully utilise the 25,500 daily RT-PCR testing capacity and directed targeted and regular testing of potential super spreaders, including government officials.

The district hospitals must have round-the-clock testing available, and the same must also be made available at other convenient locations where people can easily access them, he said.

While the increase in contract-tracing was a positive sign, steps must be taken to ensure that all these contacts are also tested, said the CM.

To ensure that no deaths take place in home isolation, Amarinder Singh said the agency hired to look into these cases should keep close tabs on such patients.

Referring to the reports of early vaccine coming in, the CM said while he is happy to note that the database for healthcare workers is ready, the departments should also look at the other categories of frontline workers who should be prioritised for the vaccine.

Punjab has so far witnessed 1,47,665 cases of infection with 4,653 deaths.

SC to Centre: ‘Ensure Frontline Worker Salaries Paid on Time, Quarantine Not Treated as Leave’

Solicitor General Tushar Mehta said that many states have complied with the directions but some of them like Maharashtra, Punjab, Tripura and Karnataka have not paid salaries to the doctors and healthcare workers on time.

New Delhi: Maharashtra, Punjab, Karnataka and Tripura are yet to follow directives on timely payment of salaries to healthcare workers engaged in COVID-19, the Centre on Friday told the Supreme Court, which said it cannot be “helpless” in implementing the directions.

The court directed the Centre to issue necessary directions for releasing salaries of doctors and frontline healthcare workers engaged in COVID-19 duty on time.

A bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah asked the Centre to also clarify on treating compulsory quarantine period of healthcare workers as leave and deduction of their salaries for the same period.

“If the states are not complying with the directions and orders of the Central government, you are not helpless. You have to ensure that your order is implemented. You have got the power under the Disaster Management Act. You can take steps also”, the bench told Solicitor General Tushar Mehta, appearing for the Centre.

Mehta said that after the top court’s directions on June 17, necessary orders were issued on June 18 to all the states, with regard to payment of salaries to healthcare workers.

Also read: Centre Revises Quarantine Period to 1 Week for Doctors, Health Workers in COVID-19 Facilities

He said that many states have complied with the directions but some of them like Maharashtra, Punjab, Tripura and Karnataka have not paid salaries to the doctors and healthcare workers on time.

Senior Advocate K.V. Vishwanathan, appearing for petitioner Arushi Jain, said the high-risk and low-risk classification made by the Centre has no basis and the government advisory of June 18 after the top court’s order has no rationale basis.

He said that there is still non-payment of salaries to healthcare workers.

The bench was hearing a plea of Dr Arushi Jain, a private doctor questioning the Centre’s May 15 decision that 14-day quarantine was not mandatory for doctors.

The top court also took note of an application filed by United Resident Doctors Association (URDA) through advocates Mithu Jain, Mohit Paul and Arnav Vidyarthi that salaries of doctors are being deducted for the period of compulsory quarantine treating it as leave period.

To this, Mehta conceded that “the said period can’t be treated as leave” and said that he would take necessary instructions on the issue.

He said the Central government will take steps to ensure that the salaries of doctors and healthcare workers are paid on time.

The top court posted the matter for further hearing on August 10.

On June 17, the top court had directed the Centre to issue orders in 24-hours to all states and Union Territories for payment of salaries to doctors and healthcare workers as also for providing suitable quarantine facilities for those who are directly engaged in the treatment of COVID-19 patients.

Also read: As COVID-19 Sweeps Karnataka, ASHA Workers, AYUSH Doctors Strike for Better Pay

It had said, “The Central government shall issue an appropriate direction to the chief secretary of the states/Union Territories to ensure that the orders are faithfully complied with, violation of which may be treated as an offence under the Disaster Management Act read with the Indian Penal Code.”

Dr Jain had also alleged in her plea that frontline healthcare workers engaged in the fight against COVID-19 are not being paid salaries or their wages are being cut or delayed.

The Centre had earlier told the top court that the May 15 circular on the standard operating procedure (SOP) will also be modified, doing away the clause for non-mandatory quarantine for healthcare workers engaged in COVID-19 duty, and they will not be denied the quarantine.

On June 12, the top court had observed, In war, you do not make soldiers unhappy. Travel an extra mile and channel some extra money to address their grievances.

It had said that the courts should not be involved in the issue of non-payment of salary to healthcare workers and the government should settle the issue.

What the EC Is Hesitant to Tell the Public About EVMs and VVPATs

RTI queries have revealed, among other things, that the micro-controller used in the current elections is not one-time programmable, as consistently claimed by the Election Commission.

All seven phases of voting to elect members of the 17th Lok Sabha have been completed and the votes will be counted tomorrow – May 23. Soon after the last phase of polling ended, pollsters had a field day with their exit poll findings about the likely performance of political parties and pre-poll/post-poll alliances.

So did the bulls in the stock market the next day.

Several opposition parties are expressing their misgivings about Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPATs) used in all constituencies, including elections held to the state legislatures in Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim. They are demanding 100% verification of VVPAT slips against the votes displayed on the EVM.

Once again the reliability of the machine-based voting system has become the subject of widespread debate. However, senior members of the ruling National Democratic Alliance who authored a 200-page long book in 2010, asking if India’s democracy was at risk because of EVMs, are maintaining a studied silence this time.

I too cast my vote in the New Delhi Lok Sabha constituency and yes, the VVPAT window correctly displayed the choice I made by pressing the EVM button for a few seconds. Nevertheless, the “infallibility” claims about EVMs and VVPATs made by their manufacturers and their purchaser and deployer – the Election Commission of India (ECI) – continue to be a matter of “trust”.

The ECI has repeatedly urged political parties and skeptics to trust the ability of the EVMs to faithfully record all votes cast through them and accurately display the electoral mandate on counting day.

Also read: The Reputation of the Election Commission Has Been Severely Tarnished

Free and fair elections form the bedrock of our constitutionally guaranteed democracy. As vigilant citizens, it is desirable to adopt the stance – “In God we trust, everything else requires evidence”. Given the heightened anxieties over EVMs and VVPATs, it is time to publicise some information I obtained from the ECI and the EVM+VVPAT manufacturers – Bharat Electronics Ltd. (BEL) and Electronics Corporation of India Ltd. (ECIL), recently under The Right to Information Act, 2005 (RTI Act).

Main findings

1. The micro-controllers (computer chip) embedded in the BEL-manufactured EVMs and VVPATs used in the current elections, are manufactured by NXP – a reputable multi-billion dollar corporation based in the US.

2. ECIL refused to disclose the identity of the manufacturer of the micro-controller used in its EVMs and VVPATs citing commercial confidence under Section 8(1)(d) of the RTI Act.

3. In 2017, some segments of the media reported that Microchip Inc., which is headed by an NRI billionaire, supplied the EVM micro-controllers. Documents released under the RTI Act show at least BEL has not used this company’s micro-controllers in the EVMs sold to ECI for use in the current elections.

4. While the ECI continues to claim that the micro-controller used in the EVMs is one-time programmable (OTP), the description of the micro-controller’s features on NXP’s website indicates that it has three kinds of memory – SRAM, FLASH and EEPROM (or E2PROM). Experts who know enough and more about micro-controllers confirm that a computer chip which includes FLASH memory cannot be called OTP.

5. The ECI has not yet made any decision on the September 2018 recommendation of the Central Information Commission (CIC) to get the competent authorities to examine whether detailed information about the firmware or source code used in the EVMs can be placed in the public domain in order to create public trust in the EVM-based voting system.

6. Despite the passage of more than five years, the ECI does not appear to have acted on the 2013 recommendation of its own Technical Evaluation Committee (TEC) to make the firmware or source code embedded in the micro-controller used in EVMs transparent in order to ensure that there is no Trojan or other malware in the EVMs.

7. ECIL replied that the firmware or source code testing was done by a third party, namely, STQC – an agency under the Ministry of Electronics and Information Technology. But the CPIO denied access to the reports on the ground that they were too voluminous. BEL denied access to this information claiming the exemption relating to commercial confidence and intellectual property rights under Section 8(1)(d) of the RTI Act.

8. BEL bagged a purchase order worth Rs 2,678.13 crores to supply EVMs and VVPATs to ECI. ECIL, however refused to disclose this information, also stating that despatch data will be supplied after the general elections are completed, and

9. While BEL claimed that the battery powering its EVM could last 16 hours of non-stop voting with four ballot units, ECIL claimed a battery life of two years for its EVMs.

Also read: More Than EVMs, It Is ‘the Hindu Mind’ Which Has Been Effectively Rigged

10. While ECIL claimed that the firmware and source code audit related information was “classified” and could not be disclosed under Section 8(1)(a) of the RTI Act which protects national security interests, BEL claimed commercial confidence and Intellectual Property Rights-related exemption under Section 8(1)(d) to deny access to the same information.

Conclusion

Except for ECIL, whose CPIO replied to the RTI application on the day I submitted a first appeal, the Election Commission and BEL had sent their RTI replies in April 2019 itself. I deliberately waited until the last phase of polling was completed to release this information to avoid accusations of using RTI-sourced information to influence the outcome of the elections. Now that only counting and declaration of results remains to be done, nobody need point a finger about the timing of the release of all this information.

Some EVM-faithfuls might still ask: why now? The answer to that question can be found in the judgements of two Supreme Courts – one German and the other our own.

While striking down the law permitting the use of EVMs in the elections in Germany, in 2009, the Federal Constitutional Court cited the principle of “public examinability” of all essential steps in the conduct of elections in that country which is guaranteed under the Constitution (except when other constitutional interests justify otherwise).

Although the Indian constitution does not make a reference to the principle of “public examinability” of steps taken during elections, the Supreme Court of India implied this principle as the basis of the people’s right to know everything that the government does in a public way almost three-and-a-half decades before the German Constitutional Court. In the matter of State of U.P. vs Raj Narain, Justice Mathew’s opinion echoed this very principle:

“74. In a government of responsibility like ours, where all the agents of the public must be responsible for their conduct, there can 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.”

These RTI interventions are aimed at placing as much information as possible in the public domain about EVMs, VVPATs and other related matters which the ECI or other public authorities are reluctant to publish voluntarily.

In the context of elections, perhaps voter choice – individually and at the community level – are the limited set of matters that deserve confidentiality, legally and legitimately. All other matters must be amenable to “public examination” and facilitate informed public debate.

The author would like to thank Kishore Jonnalagadda, electronics engineer based in Bengaluru, for his assistance. 

Venkatesh Nayak is programme coordinator, access to information, Commonwealth Human Rights Initiative, an independent NGO based in Delhi. Views are personal. 

Whereabouts of 19 Lakh EVMs Not Known, Reveals RTI-Based Court Case

EC denies claims in Frontline’s story, says it has no jurisdiction over State Election Commissions which also procure EVMs.

New Delhi: The concerns of opposition parties about electronic voting machines (EVM) have been buttressed by a report that nearly 19 lakh polling machines are “missing”. A report by news magazine Frontline pointed out that while records obtained by a Right to Information (RTI) activist have revealed that these machines were delivered by public sector undertakings BEL and ECIL, the Election Commission (EC) claimed that it never received them.

The story, which was published on May 9, refers to the issue in the backdrop of concerns around “vulnerability” and “unreliability” of EVMs. Moreover, it notes that 21 opposition parties have demanded that EVM results be matched with 50% of Voter Verifiable Paper Audit Trails (VVPAT) in each assembly segment to ensure fairness in the voting process.

The report relied on a public interest litigation (PIL) on EVMs filed in the Bombay high court and the EC’s response in the matter. It said the PIL, filed by Manoranjan Roy in March 2018, was based entirely on data collected through the RTI Act and raised issues around the “processes involved in the procurement, storage and deployment of EVMs and VVPATs by the ECI and State Election Commissions (SECs)”.

Apart from highlighting financial irregularities of Rs 116.55 crore, the case also “brought out huge disparities between the accounting of the number of EVMs the ECI had received over a period of time and the supply records of the manufacturers.”

Providing a year-wise account of the supply of EVMs by BEL and ECIL and the claims of EC about receiving them, the report said, “in a span of around 15 years the ECI has not received 9,64,270 EVMs that BEL states to have delivered and 9,29,949 EVMs that ECIL affirms to have delivered to it.”

It noted that “the order and supply chart as presented in the Bombay High Court is a bewildering document.”

Also Read: Reports of Security Breach of EVM Strongrooms Cast Greater Shadow Over EC’s Functioning

In a rejoinder sent to Frontline, the Election Commission said on May 9 that “there is no truth in the contention that RTI based Public Interest Petition in the Bombay High Court ‘points out that 20 lakh EVMs that the manufacturers affirm to have delivered are ‘missing’ from the possession of the Election Commission’.”

It claimed that the allegations of mismatches in the order and supplies thereof and the presumption that “the absence of proper system and infrastructure could lead to misplacement of EVMs along with misappropriation of funds” were “totally conjectural”.

The commission reiterated that “not a single EVM moves out of the designated warehouse without prior approval of the Commission and strict compliance to administrative protocols prescribed for movement of EVMs and VVPATs.”

Claiming to have a “robust EVM Management Software (EMS) through which the status of every EVM/VVPAT can be tracked on real time basis and only First-Level-Check cleared EVMs, properly logged in EMS, are used for poll purpose,” the commission said “this activity is done transparently with active participation of the political parties and contesting candidates”.

In a crucial submission, the Commission further stated:

“as far as, functions of State Election Commissions(SECs) are concerned, it is intimated that State Election Commissions are independent Constitutional bodies which are responsible for conducting local body elections. ECI has no jurisdiction in matters pertaining to the SECs. Any modification or development done by any PSU with regard to any EVM used or procured by any State Election Commission is outside the purview of the Election Commission of India.”

Responding to the EC, the correspondent, Venkitesh Ramakrishnan, wrote that “the mismatch between the order and supply of EVMs in the records of the ECI and the manufacturers …. was a specific point in the PIL which was highlighted in the article. The ECI response makes no reference to these numbers.”

He adds that the EC desisted from responding to another qualitative aspect of the information obtained through the RTI – the obvious mismatch between the data given by “multiple public authorities”.

Denying that the mismatch in numbers was conjectural, as claimed by EC, the writer said it was “based on numbers provided by different authorities, in response to RTI queries”.

As for the response that “the commission has a robust EVM management software” in place, the magazine asks why then “there have been regular media reports about the discovery of EVMs in places such as hotel rooms. If the claim about robust EMS is right, then these strange movements of EVMs should have been reported primarily by the ECI or related authorities. But, almost always, the media have reported appearance of EVMs in odd places.”

On the claim that the EC has no jurisdiction over the SECs which are responsible for conducting local body elections, the magazine asked on what parameters do they then interact for Lok Sabha or Rajya Sabha elections.

Shujaat Bukhari and the Unflinching Effort to Reason

It is difficult to think of a Srinagar without him.

The news about Shujaat Bukhari is tearing into the hearts of those who knew him, as one of his friends put it on Facebook. There is so much to say about him. First, his tall, vivid presence, always elegantly turned out with a ready smile and a constant willingness to chat. For at least a quarter century, he indulged scores of visitors to Srinagar – journalists, diplomats, academics, students and civil society figures who sought out his views on conflict in Kashmir. In meetings, he would fidget a bit, be distracted with calls, juggle two phones but one could always rely on hearing a measured, incisive assessment of Jammu & Kashmir’s politics, Pakistan’s motivations and Delhi’s outlook towards the valley.

Shujaat had an understated drive and kept himself busy. After a long stint as a highly-regarded reporter covering Kashmir since the early 1990s, he started an English newspaper alongside Urdu and Kashmiri publications and was actively working to extend the use of the Kashmiri language across J&K. He was a public speaker, a regular on TV debates and keenly engaged on social media, although the latter was an unpleasant experience for him in recent years. He had a yearning to learn, he loved to travel and would constantly pick up books when in Delhi – and avidly review many of them. He admired A.G Noorani (constitutional expert and political commentator) deeply and once mentioned that he was impressed that author Salman Rushdie got the names of villages and other details of Kashmir more accurately in his novel Shalimar the Clown – than many contemporary journalists would manage to, in his view.

Shujaat had a great capacity for relationships and glided through social settings with ease. He adored his young son (as one witnessed in the couple of meetings that the latter joined in for), occasionally posted affectionate notes about his parents on social media and maintained a range of friendships in the valley, in Delhi, other parts of India and several countries abroad.

Apart from personable qualities, his body of work is formidable. Starting out with Kashmir Times, where he was influenced by the great editor Ved Bhasin, Shujaat went on to be the Srinagar correspondent for The Hindu in the heyday of the insurgency and was to write extensively for Frontline magazine, contributing longer pieces of reporting and analysis. Taken together, his reports are an archive of conflict alongside the work of a few brilliant peers. This is important as the reporting of contemporary Kashmir is beset with a variety of problems, in part because both militants and the state are both active participants in the shaping of narrative. It is difficult to get a reliable account of the chain of events amid the world of claims, counter-claims, fake encounters, and leaked confessions of militants. Shujaat’s work in the period will, by contrast, serve as a crucial resource for a credible reconstruction and understanding of the conflict as it evolved.

It is perhaps because of working in these publications of record that Shujaat’s writing exercised what Prem Shankar Jha terms as “emotional control”, a deference to the idiom of orderly representation even when the subject matter is wearisome. Shujaat wrote regularly and all his columns are marked by a careful attention to current events and an explication of their meanings. He was, to be sure, indignant about Delhi’s policies and moved by Kashmir’s suffering – in recent times, the Centre’s apathy towards flood victims, the numerous young victims of pellet guns, the rape and murder of an eight year-old child in Kathua and the organised mass defence of the accused and the contested the unpleasant, contrived majoritarianism that has come to mark Prime Minister Narendra Modi’s stint in power.

As strongly as Shujaat felt about these, his response to the environment was different from some of his peers. Many Kashmiris are justifiably enraged by what they see in Kashmir. The Bharatiya Janata Party’s policy in the valley has degenerated into a doctrinaire use of violence against civilians that merely serves the purposes of polarising India rather pacify Kashmiris or alleviate their distress . Shujaat was anguished by what he saw but did not let anger slide into cynicism, the sort that provokes a raging silence among some writers, generates a form of analytical purism that hardens their politics or alters their style of expression – all of which foreclose the consideration of forward movement. That form of anger is, to be sure, a legitimate response to repressive measures and Delhi’s policies, but Shujaat chose to keep writing and conversing with a civility that left the space for a contrary point of view. There was no name-calling even when he was subject to hate speech. It is this unflinching effort to reason and the criticism that he directed towards all sides (Delhi and Islamabad) in the search of common ground that left Shujaat vulnerable to criticism by militant leaders, younger radicals in the valley and right-wing charlatans on Twitter who have never really followed or read his work.

We do not, sadly, comprehend the meaning of a presence unless confronted with tragedy. In life, Shujaat was a prominent public figure and one of several bright peers in the world of journalism. Looking back, he was so much more. He was trying to be an institution-builder while conflict raged around him – starting newspapers, reviving Kashmiri language, mentoring the young and so on. Shujaat’s temperament, training and the social world of Baramulla notables that he hailed from seems to have endowed him with the will to resist pessimism and find purpose in a difficult environment. He was, importantly, also trying to interpret two worlds to each other; writing and speaking forcefully for Kashmir in Delhi and making the unpopular case for dialogue in the valley. This wasn’t easy; he was under pressure from all sides – the BJP government in Delhi deprived his papers of advertisements to tame their news coverage while militants made three attempts on his life earlier. He could have retreated to a life of secure conformity, but did not.

It is now apparent that no one can take Shujaat’s place in Kashmir’s public life. Who else is able to navigate different social worlds of print, policy, academia and civil society to speak as he did? His relevance stands in higher relief in the current climate when Delhi’s policies undermine democratic processes and strive to delegitimate a range of interlocutors in Kashmir. For instance, mainstream party politicians who seek restoration of autonomy are overruled and undermined by the Union government in different ways. Separatists are subject to constant vilification and prevented from taking out public protests. Stone-pelting youth are represented as terrorists, even if the dynamics of protests are more complex than analysts let on. As democratic politics gets snuffed out by the militarisation of policy, journalists remain as the figures capable of getting politics back in to Kashmir. In other words, as other institutions fall by the wayside, journalists end up having more power to shape the narrative than they would ordinarily have. And that’s a position and enterprise fraught with risk, it’s prone to be misunderstood and exploited by interests and militants keen on disrupting scope for peace. Those who decided to silence Shujaat may have understood his significance more than others did.

The political implications of his passing will be clear in times ahead. The descent into more acrimony in Kashmir is assured. Policymakers in Delhi must ask themselves that if they do not listen to sensible, clear-headed voices like Shujaat’s, who for  long called for a humane approach that is sensitive to Kashmir’s history and its political aspirations, then who would they rather end up dealing with? If the politics of polarisation endangers analysts searching for common ground, what future, then, of public discourse except fracturing into discrete, radicalised echo chambers?

Shujaat practiced a journalism of hope, he turned a measure of privilege into purpose, retained his sensitivity, worked with the opportunities at hand and showed us that moral courage comes in many forms. It is difficult to think of a Srinagar without him.

Sushil Aaron is a journalist. Twitter: @SushilAaron