panchayatraj-73rd and 74th amendments

The amendments were made to move towards more direct democracy in villages and cities, which remained largely as a dream even after two decades of its acceptance (hardly been implemented). The development decisions have consistently maintained a top-down approach and have left the citizens devoid of financial and legal powers to find solutions to the issues.

Exceptions— where communities have taken power into their own hands

·         Instances of tribal self-rule in central India;

·         The partial measures of State governments like Nagaland with its ‘communitisation’ law,

·         Providing greater powers over departmental budgets to village councils; and

·         Kerala with its experiment in people planning

Forest Rights Act of 2006—

·         The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, is a key piece of forest legislation passed in India on December 2006.

·         The law recognizes the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India.

·         The Act basically does two things:

o    Grants legal recognition to the rights of traditional forest dwelling communities, partially correcting the injustice caused by the forest laws— to govern, use, and conserve forests they have traditionally managed and used

o    Makes a beginning towards giving communities and the public a voice in forest and wildlife conservation

Rights granted under the Act?

·         Title rights –e. ownership – to land that is being fared by tribals or forest dwellers as on 13 December 2005, subject to a maximum of 4 hectares; ownership is only for land that is actually being cultivated by the concerned family as on that date, meaning that no new lands are granted.

·         Use rights – to minor forest produce (also including ownership), to grazing areas, to pastoralist routes.

·         Relief and development rights – to rehabilitation in case of illegal eviction or forced displacement and to basic amenities, subject to restrictions for forest protection

·         Forest management rights – to protect forests and wildlife

·         Right to intellectual property and traditional knowledge related to biodiversity and cultural diversity

·         Rights of displaced communities

Way Ahead:

·         The principle of ‘free and prior informed consent’ (FPIC)—enshrined in international agreements was reiterated most strongly in the recent UN Declaration on the Rights of Indigenous Peoples.

o    India has not yet brought this into its legislative framework, other than in partial forms such as the circular under the Forest Rights Act and the long-forgotten PESA

o    Need to press for FPIC to be incorporated as a central tenet of all development and welfare planning; with widespread being a necessary step forward (owing to rampant dilution of hard-fought rights of freedom of speech and dissent, access to information, and decentralised decision-making)

·         Deeper democratic reforms need to be incorporated in the developmental strategy as this would help ordinary people get political, economic, and legal powers through grass-roots collectives that enable them to take decisions affecting their lives. Such direct or radical democracy needs to be the fulcrum on which more representative institutions at larger scales would operate, downwardly accountable through various mechanisms.

·         The alternative pathways of human well-being need to be brought into the mainstream, including forms of economic activity that are:

o    Ecologically sustainable,

o    Directly in the control of people rather than the state or corporations,

o    More locally self-reliant

Less dependent on fragile global webs of exchange



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Spirit behind the 73rd and 74th Amendments to the Constitution

How many amendments are there in Indian Constitution?

What is the local self government?

How many articles are there in India?

Who introduced the Local Self Government in India?

What are the Importance Points of 73rd and 74th Constitutional

What are the Importance Points of 73rd and 74th Constitutional

Empowerment of the Gram Sabhas notes for public administration

              Empowerment of the Gram Sabhas 

·         After a seven-year struggle, a village in Himachal Pradesh has won the right to decide whether or not a hydel power project should be set up in its area, under the Forest Rights Act (FRA) by the National Green Tribunal (NGT)

·         Issue: submergence of their pine nut trees due to construction of the hydel project— deprivation of the local farmers of their livelihood

·         NGT has directed the government to ensure that prior to forest clearance to the Kashang Integrated Hydroelectric Project, the proposal is placed before a gram sabha of villages in Kinnaur district.

Supreme Court (2013)—Had directed that the smallest units of local governance use their powers and take a decision on whether the Vedanta Group’s $1.7 billion bauxite mining project in Odisha’s Niyamgiri Hills should go forward. The verdict was not just a victory for the Dongria Kondh tribal group that had fought a long and hard battle against the project, but as a validation of the gram sabha’s powers under the FRA.

Is this ‘empowerment’ contrary to the ‘Ease of Doing Business’ principles of the government?

No—

·         People today, are more aware of their needs and want development that empowers them, not alienate them from their land or forests

·         The “free and prior informed consent” (FPIC) of communities is being seen as a necessary tool for businesses, not only in India but all around the world

·         World Bank has made it mandatory to seek permission from the local communities before implementing a project

·         In a report entitled ‘Development without Conflict’ by the World Resources Institute (May 2007), the authors make a business case “for sponsors of large-scale, high-impact projects to treat the consent of the host community as a requirement of project development”.

o    Early attention to FPIC issues can help avoid significant costs during implementation

o    Less time will be wasted on litigation and more focus will be on giving development a local meaning

o    FPIC is widely seen as critical to the fair treatment of all communities—in saving precious lives and minimizing conflicts

Case of Arunachal Pradesh—  two activists lost their lives while protesting against the construction of the proposed Nyamjang Chhu hydroelectric project and the entire town of Tawang had to be shut down and the army carried out a flag march to restore normalcy— All because the local people felt their voice was not being heard.

EXPERT’S Views:

·         A simple perspective if employed can solve a lot of problems—the simple perspective, here, being that of the mechanism of Democracy. A democratic country needs to stay democratic, and in every sphere, if the country is to progress, elements of democracy needs to be incorporated. Thus, if people want to be heard, by imposing development on them by the power of the gun we are only creating conflict.

·         The participatory approach helps us to reduce development cost, increase perceived and actual benefits and increase awareness among the people and help in the mobilization of local resources, facilitates smooth and easy project implementation. It further enables people to have access and control over the resources and ensures that the benefits reach to the legitimate claimants. It also creates sustainability aspect and gradually empowers the socially and economically disadvantaged people

·         Ease of doing business can turn in to a reality only when ‘elements of development’ can be established democratically and therefore, corporate houses and the government should embrace this decision of the NGT and include the consent of the gram sabha as a ‘norm’; important to establish ‘Make in India’s’ relevance for everyone.

Rural Banking in India

Rural Banking in India

Rural development occupies a significant place in the overall economic development of the country and Darling’s statement (1925) that “the Indian peasant is born in debt, lives in debt and dies in debt,” still remains true for the great majority of working households(55-60 per cent of India’s population) in the countryside.

Three phases of rural banking policy since 1969

1^st phase following the nationalization of India’s 14 major commercial banks in1969—The declared objectives of the new policy, known as “social and development banking”, were the following:

·         To provide banking services in previously unbanked or under-banked rural areas;

·         To provide substantial credit to specific activities including agriculture and cottage industries; and

·         To provide credit to certain disadvantaged groups such as, for example, Dalit households.

2nd phase began in the late 1970s and early 1980s:

·         Two major instruments of official anti-poverty policy were developed: loans-cum-subsidy schemes targeted at the rural poor and state-sponsored rural employment schemes (Integrated Rural Development Programme (IRDP))

·         An expansion and consolidation of the institutional infrastructure for rural banking

3^rd phase—Post Liberalization:

·         Redistributive objectives “should use the instrumentality of the fiscal rather than the credit system”

·         Directed credit programmes should be phased out

·         Interest rates be deregulated

·         Capital adequacy norms are changed (to “compete with banks globally”)

·         Branch licensing policy be revoked

·         A new institutional structure that is “market driven and based on profitability” be created,

·         Part played by Private Indian and foreign banks be enlarged

Challenges facing Indian Rural Banking—

Priority Sector Lending:

·         Priority sectors are broadly taken as those sectors of the economy which in the absence of inclusion in the priority sector categories would not get timely and adequate finance.

·         Typically, these are small loans to small and marginal farmers for agriculture and allied activities, loans to Micro and Small Enterprises, loans for small housing projects, education loans and other small loans to people with low income levels

·         The major challenge is to bring all farmers into the institutional credit framework—

Need to make priority sector lending competitive and commercially viable

·         By reorienting the approach of banks to look at priority sector areas as the challenges in priority sector can be overcome only if banks consider priority sector lending as part of normal business operations of the banks and not as an obligation.

·         Rural untapped market offers a big business opportunity to the banks and banks need to innovate new products which cater to the needs of farmers, weaker sections and other vulnerable sections of the society, develop new delivery channels and embrace technological developments which will reduce the delivery costs— a viable business proposition

·         Need to lay emphasis on direct delivery of credit to the poor beneficiaries i.e. without the involvement of intermediaries, which will ensure better management of risks and also reduction in transaction, delivery and administrative costs for these loans, which being essentially small ticket, low value high volume loans, do generate profits translating to a stable low cost deposit stream for banks and to the fortune at the bottom of the pyramid.

Regional Rural Banks:

Regional Rural Banks (RRBs) were established in the year 1976 as a low cost financial intermediation structure in the rural areas to ensure sufficient flow of institutional credit for agriculture and other rural sectors— Narasimham committee

·         RRBs were expected to have the local feel and familiarity of the cooperative banks with the managerial expertise of the commercial banks.

·         RRBs are jointly owned by GoI, the concerned State Government and Sponsor Banks, the issued capital of a RRB is shared by the owners in the proportion of 50 percent, 15 percent and 35 percent respectively

·         RRBs operate under the control of two institutions, the National Agricultural Bank and Rural Development (NABARD) and Reserve Bank of India (RBI)

Financial Inclusion:

Financial Inclusion (FI) is the process of ensuring access to appropriate financial products and services needed by all sections of the society in general and vulnerable groups such as weaker sections and low income groups in particular at an affordable cost in a fair and transparent manner by mainstream institutional players.

2006: Reserve Bank permitted banks to utilise the services of non-governmental organizations (NGOs), micro-finance institutions (other than Non-Banking Financial Companies) and other civil society organisations as intermediaries in providing financial and banking services through the use of business facilitator and business correspondent (BC) models. The BC model allows banks to do “cash in-cash out” transactions at a location much closer to the rural population, thus addressing the last mile problem.

Combination of strategies— ranging from relaxation of regulatory guidelines, provision of new products and other supportive measures to achieve sustainable and scalable Financial Inclusion; as well as close monitoring

Issues being faced—

Not treated as an Efficient Business Model:

·         Banks are pursuing FI as a regulatory requirement rather than treating it as a business model.

·         Banks have to realize that the bankability of the poor holds a major opportunity for the banking sector in developing a stable retail deposit base and in curbing volatility in earnings with the help of a diversified asset portfolio and therefore, Financial Inclusion programmes should be implemented on commercial lines as a sustainable and viable business model

·         Ensure that poor people who deserve credit are provided access to timely and adequate credit in a non-exploitative manner

·         Reasons—

• Higher non-performing loans in rural areas because rural households have irregular income and expenditure patterns—compounded by the dependence of the rural economy on monsoons, and loan waivers driven by political agendas
• Low Ticket Size: The average ticket size of both a deposit transaction and a credit transaction in rural areas is small. This means that banks need more customers per branch or channel to break even. Considering the small catchments area of a branch in rural areas, generating a customer base with critical mass is challenging.
• High Transaction Cost: due to small loan sizes, the high frequency of transactions, the large geographical spread, the heterogeneity of borrowers, and widespread illiteracy
• Higher risk of credit: Rural households may have highly irregular and volatile income streams. Irregular wage labour and the sale of agricultural products are the two main sources of income for rural households.
• Information Asymmetry: Since many rural people do not have bank accounts, there is a lack of information on customer behaviour in rural India

Government’s policies:

·         High fiscal deficits and statutory pre-emptions imposed on banks

·         Persisting interest rate restrictions—“floors” on short-term deposit rates and lending rates, “caps” on small loans

·         Government’s domination of and interference in rural banks, particularly RRBs and cooperative banks, further distort bankers’ incentives;

·         Inefficiencies arising from weak governance & poor management,

·         Weak regulatory standards & Lack of supervision

BC Model – Viability issues:

·         Scarcity of staff

·         Inadequate commissions

·         Accounts opened have remained non-operational

Infrastructure:

·         Technology issues: Non-availability of physical and digital connectivity as well as low rural television-density

·         Lack of Bank branches—Limited delivery capability as ATM penetration is low and other channels such as Phone and Internet Banking are non-existent

·         Poor physical and social infrastructure—unpaved roads and limited access to modern transportation

Small Rural Borrowers Find Rural Banks Unattractive:

·         Rural banks do not provide flexible products and services to meet the income and expenditure patterns of small rural borrowers

·         The transaction costs of dealing with formal banks are high—Procedures for opening an account or seeking a loan are cumbersome and costly (with high rejection rates), and, clients often have to pay hefty bribes (ranging from 10 to 20 percent of the loan amount) to access loans. This makes the ultimate cost to borrowers very high (despite interest “caps”).

·         Banks demand collateral, which poor rural borrowers lack — Land, remains the predominant form of collateral. But, poor households very often do not have clear titles to their land, and in any case, this collateral is seldom executed, so it is just another cost with little benefit in practice

Financial Literacy:

Financial Inclusion and Financial Literacy are two sides of the equation. Financial Inclusion acts from supply side by providing financial market/services that people demand whereas Financial Literacy stimulates the demand side by making people aware of what they can demand. Therefore, access to financial services and Financial Education must happen simultaneously and must be a continuous, an ongoing process and must target all sections of the population.

Importance: the low levels of literacy and the large section of the population still out of the formal financial system

Need to-

·         Evolve an appropriate Business Model & an Efficient Delivery Mechanism

·         Create awareness of basic financial products through dissemination of simple messages of financial prudence in vernacular language—activities included publication of comic books on banking and RBI; games on Financial Education; arranging school/college visits for creating financial awareness; participation in exhibitions/fairs/melas at the State & District levels; conducting essay competitions and quizzes in schools to create awareness about banking and RBI; outreach programmes undertaken by theTop Management and Regional Offices; RBI’s Young Scholars Scheme, etc.

Education:

Why—For economic development and raising overall living standards

·         Facilitate economically weaker sections of the society to avail educational loans from scheduled banks with modified easier norms

·         Loans for education should be seen as an investment for economic development and prosperity, since knowledge and information would be the principal driving force for economic growth in the coming years

New Approaches and Products to Improve Rural Access to Finance in India:

SHG-Bank Linkage Program—championed by the National Bank for Agriculture and Rural Development (NABARD).

Have targeted poorer segments of the rural population in an effective manner, reducing the vulnerability of clients. But outreach, volume of lending, and average loan size remain limited.

Key challenges facing the initiative are:

(a) Inadequate attention to group quality could jeopardize longer-term credibility and sustainability.

(b) Capacity constraints and the cost of group formation

(c) State-owned banks have been lending to SHGs at higher interest rates

Microfinance Institutions— Like SIDBI

·         Limited outreach and scale of Indian MFIs reflects the absence of an enabling policy alongside a legal and regulatory framework, hindering the ability of MFIs to mobilize member deposits, equity, and raise debt from external sources.

·         MFIs are also constrained by the lack of adequate capacity and skills in financial control and management, management information systems (MIS), new product design, etc.

Partnerships between Private Banks, Micro-financiers, and Service Providers—

·         Pursuing innovative approaches to microfinance—as a potential business and not merely as a social or priority sector lending obligation.

·         Key innovations include a pilot scheme by ICICI Bank that uses NGOs or MFIs, traders, or local brokers (who are close to the farmer by the nature of their business) as intermediaries/“service providers” for originating, managing, and collecting loans to groups of small and marginal farmers.

·         Banks are also experimenting with an approach now termed the “Integrated Agricultural Service Provider” (IASP) approach, whereby the bank identifiesan IASP—one that has a good relationship with farmers and which provides genuine and timely information through extension services— and enters into a tripartite agreement with the IASP and the output buyer. This reduces transaction costs and the risk exposure of all parties, and, therefore, presents a potentially low-cost way of serving the rural poor engaged in marginal or small farming.

The Kissan Credit Card—

Reducing both borrowers’ transaction costs as well as delays in accessing and renewing crop loans; but the success of the KCC scheme has been uneven

Key to success

·         Develop appropriate products for this segment of customers—Appropriate products and fair lending rates would automatically eliminate the moneylender

·         Shortening of turn-around time—Interventions in some sectors:

Wheat—

·         Issuance of a smart card to procurement agents

·         Installation of an electronic data machine (EDM) at the mandi backed by the e-payment system RuPay

·         Quick generation of MIS and reports

·         E-approvals by the procurement agency

Milk—

Leveraging the technology of Point of Sale (PoS) terminals for small operations and full-scale ATMs for larger dairy societies— the process enables the instantaneous capture of milk quantity and quality data, converting them into an accounting entry that credits the farmer’s account, and a micro-ATM or cash dispenser is made available for farmers to draw money from

·         Digitisation of banking: will help access a wider range of customers in rural India

-Digital applications (wallets, mobile-to-mobile payments) are adding to transaction traffic

·         Inculcate saving & banking habit: Critical to conduct financial literacy and credit counselling programmes, offer skills training to enhance income generation, form self-help groups and fund these groups for income-generating activities thereby enabling the delivery of viable credit to the rural poor in a sustainable manner

United Nations urges inquiry into human rights violations in Kashmir

GENEVA/NEW DELHI (Reuters) - India on Thursday rejected a United Nations report that accused it of having used excessive force in disputed Kashmir to kill and wound civilians since 2016 and which called for an international inquiry into the accusations of rights violations.

Muslim-majority Kashmir is divided between nuclear-armed India and Pakistan, who both claim the mountainous region in full and have fought two of their three wars over it since their separation in 1947.

The first U.N. report on human rights in both Indian-administered and Pakistan-administered Kashmir urged Pakistan to end its “misuse” of anti-terror legislation to persecute peaceful activists and quash dissent.

The U.N. report focuses mainly on serious violations in India’s northern state of Jammu and Kashmir from July 2016 to April 2018. Activists estimate that up to 145 civilians were killed by security forces and up to 20 civilians killed by armed groups in the same period, it said.

“In responding to demonstrations that started in 2016, Indian security forces used excessive force that led to unlawful killings and a very high number of injuries,” the report said.

U.N. High Commissioner for Human Rights Zeid Ra’ad Al Hussein called for maximum restraint and denounced the lack of prosecutions of Indian forces in Jammu and Kashmir due to a 1990 law giving them what he called “virtual immunity”.

In a statement, Zeid called for a commission of inquiry by the Human Rights Council, which opens a three-week session in Geneva on Monday, into all violations. Alleged sites of mass graves in the Kashmir Valley and Jammu should be investigated, he said.

In New Delhi, India called the report a “selective compilation of largely unverified information” that sought to build “a false narrative”, adding that it violated the country’s sovereignty and territorial integrity.

“India rejects the report. It is fallacious, tendentious and motivated. We question the intent in bringing out such a report,” its foreign ministry spokesman said in a statement.

India has long accused Pakistan of training and arming militants and helping them infiltrate across the heavily militarized Line of Control (LoC) that separates the two sides in the region, a charge Islamabad denies.

There was no immediate comment from Pakistan to the report issued by the U.N. human rights office in Geneva, which called for justice for victims on both sides of the so-called Line of Conflict.

However, Kashmiri human rights activist Khurram Parvez welcomed the report and the recommendation for a commission of inquiry by the U.N. Human Rights Council.

“This U.N. report has authenticated our allegation that impunity for armed forces is chronic in Jammu and Kashmir,” Parvez told Reuters.

Welcoming the report, Kashmiri separatist leader Mirwaiz Umar Farooq wrote on Twitter, “People of Kashmir thank the U.N., especially the bold efforts of its HR commissioner, Zeid Ra’ad Al Hussein, for its support to the right of self-determination.”

Tension rose after a February attack on an Indian army camp that India blamed on Pakistan. After the two armies agreed on May 30 to stop exchanging artillery fire, thousands returned to their homes near the de facto border with Pakistan.

Crimes committed by armed groups in Jammu and Kashmir range from kidnappings and killings of civilians to sexual violence, the U.N. report said.

India said it was disturbing that the U.N. report described internationally-designated and U.N.-proscribed militant bodies as “armed groups” and militants as “leaders”, as it undermined the U.N.-led consensus on zero tolerance of terrorism.

Violations in Pakistan-administered Kashmir “are of a different caliber or magnitude”, the U.N. report said, while decrying restrictions on freedoms of expression and association.