Commissions to advise the Government on policy and development issues to alleviate the plight of the underprivileged have been around since the 80s. However, experts say that these agencies have become mere complaint cells instead of being watchdogs and have failed to deliver on many counts. SHAlINI SAKSENA explores
Such and many more cases lying with various Government commissions never see the light of day and victims live and die in hope for justice. According to Dr Rajesh Tandon, president of the Society for Participatory Research in Asia (PRIA), these commissions were set-up in the late 80s and early 90s to deal specifically with the complaints of the marginalised sections of India’s society.
“Obviously, there was a need for them even after 40 years of independence. The purpose of these commissions was to act as a watchdog, assess where these people stood in comparison with the mainstream society and advise the Government to frame policies accordingly,” Tandon says.
Unfortunately, however, the appointees failed to deliver on many counts. The staff mostly comprised clerks, peons, drivers etc. Not a single expert on SC/STs was ever appointed. As time passed, it became difficult for the commissions for work meaningfully.
“The failure to link up other commissions at the State level and the fact that a good network of NGOs working at the ground level kept these panels from taking a keen interest in their job. There are 40-odd social study chairs but none of these commissions ever call for a meeting with them,” Tandon tells you, adding that today, these commissions have become mere centres for lodging complaints.
Rajan Khosla, director of the NGO Poorest Areas Civil Society (PACS), says that these commissions have a much bigger role to play over and above registering complaints. “But since there is no planning, there is a lack of performance. Not that the staff is unwilling to work, it’s the system that doesn’t let them function. In short, they are in need of an overhaul,” Khosla opines.
There are several reasons why most commissions are unable to deliver the job they were created for.
First is the issue of the socio-economic development of the Scheduled Caste (SC) persons in India. In a recent review of impact of policies and development programmes for the SC community, the Planning Commission said that the community remains far below the national average in terms of access to basic needs like health, education, housing, drinking water and sanitation. In addition, nearly 80 per cent of the SC population continues to work as agricultural labour or on a daily wage.
Second, the literacy quotient among the SC is far below the national average, more so in poorer states. Social activists say that female literacy rate among SC populations in both rural and urban areas is over 10 per cent lower to the national average, reinforcing the fact that there is a distinct structural and historical discrimination against them which undermines their socio-economic development. The SC population is 16.7 per cent of the national population as per the 2011 census.
Third, the commissions have rarely provided relief to victims. Atrocities on SC/STs have not shown any decline despite special courts being set up under the Prevention of Atrocities Act, 1989. As per the data from the Ministry for Social Justice and Empowerment more than one lakh cases are pending before investigating agencies and courts. Awareness about the existence of SC commissions is low, especially within the SC community. In Bihar, less than half (48 per cent) the total respondents knew of their existence. A similar picture emerged from Madhya Pradesh and Uttar Pradesh, where respondents aware of the commission’s existence was just 55 per cent and 29 per cent, respectively.
A very small percentage of respondents was aware of the nodal department through which the SC commission operates. These figures were eight per cent, 10 per cent and five per cent for Bihar, Madhya Pradesh and Uttar Pradesh, respectively.
Apart from this, the awareness about the SC commission’s linkages with the State Government was weak. Of those who had heard about its existence, many did not even know about the location of its office in the State (69 per cent in Bihar, 27 per cent in Madhya Pradesh and 19 per cent in Uttar Pradesh).
Fourth, the percentage of respondents who knew about the location was even smaller — seven per cent in Bihar, three per cent in Madhya Pradesh and 11 per cent in Uttar Pradesh. The main constraint was the access to these commissions. Most respondents felt that the distances made it impossible for them, especially in the absence of any outreach by any of these commissions.
Finally, the major fault was found to be in the transparency of the functioning of these commissions.
“The mandate of SC commissions requires them to present an annual report in the public sphere. The latest report of SC commission in Madhya Pradesh is available for 2009-10; no report for 2010-11, 2011-12 and 2012-13 has reached the public domain. Despite the fact that the first SC commission in Bihar completed its term in 2012, it did not produce a single annual report in the public domain. No information about annual reports from SC commission in Uttar Pradesh is available. These commissions are not only violating their obligations, they are also not making any proactive disclosures about themselves to the public in general and the SC community in particular,” Khosla says.
However Dr JN Chamber, Secretary, National Commission for Scheduled Castes, however, begs to differ. “The commissions carry out all the statutory obligations and functions that have been mandated to them. Conferences have been conducted. Advice on various issues has been taken from the Government and NGOs. Not only this, the commission has also prepared special reports that include the reports on reservation in Judiciary, report over problems of migrant SCs in obtaining caste certificates, report on the plight of the safai karamcharis and a report for the commissions on strengthening of the National Commission for SCs,” Chamber explains.
Sources tell you that the SC commission looks into four types of issues — complaints related to atrocity; service safeguard, i.e, if a person is facing harassment in any Government or Government-aided enterprise for being an SC; that the Central Government consults it before formulating any SC related policy; and fourth, keeping a watch against any caste or sub-caste being added or deleted without the its approval.
This means that the decisions of the commission are at best advisory or recommendary, not binding on any party. Complainants are often told by dealing members of these commissions that any decision takes time. Time, they add, is needed to ascertain the genuineness of the complaint, to talk to both parties involved and then take appropriate action. Unfortunately, this stretches endlessly and the victims never return for succor.
Activists working to help out the SC/ST persons feel that the commissions should be the last port of call for them to become effective watchdogs. They need to have a vibrant approach in dealing with the problems being face by the SC/STs today. They need to have a system wherein they can have a team ready to investigate an issue immediately. But since such infrastructure is absent, receiving a complaint is that these bodies do. The panel members, activists say, don’t have the wherewithal for speedy redress. The fact that there is no specific budget needed by these commissions adds to the problems. For example, a State as large as Bihar has a budget of only Rs 2 crore.
“The formation, funding and functioning of these commissions needs a change both at the Centre and State levels. This because there is need for uniformity in budgets and a mechanism by which the funds reach the needy. Government apathy is evident from the working of these agencies,” Tandon says.
Farah Naqvi, member of the National Advisory Council and an activist, also feels that the lack of political will kills these agencies. “Political backing is must, in fact, critical. Since politics has become adversarial, there is need to work out a system where one can work around it. Critical issues should not be compromised just because our politicians don’t give it priority. It is not about an individual. These bodies are autonomous and there is need for them to be transparent and uphold their independence in all matters — be it political, financial or even where appointments are concerned,” Naqvi says.
Unfortunately, most positions in these bodies are occupied by political appointees. In such a scenario, the chairperson may not be willing to go against a Government that appointed him or her. The result is that taking a decision becomes difficult even if there is a will. Since there the disconnect is generic, there is no outreach. There should be an across-the-board mandate to reach out to the SC/ST community and and others minorities.
“These commissions are just limping along and there is an urgent need to understand the Act under which they were constituted. For example, the National Commission for Women has become a mere counselling body even though its has a much bigger role to play in the uplift of women,” Naqvi says.
As of now, however, Chamber is unwilling to say anything more in the defence of the SC commissions. “Any comment on the issue will have to wait because the poll code is in place. Any statement at this juncture will be highly inappropriate,” he says.
THE SOlUTION
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The appointment of commission members and its constitution should be made more objective. Strong advocacy to move from critique to constructive action. It is important to identify and analyse the deficiencies and lacunae in the constitution and functioning of the statutory commissions. However, it is even more important to suggest and implement strategies to address these deficiencies through strong and solid advocacy by State actors, Central Statistical Organisations and communities
— KB Saxena
Professor, Council for Social Development
Constitution of the commission under executive or legislature doesn’t matter till the time it exercises its power effectively and works for the rights and advancement of socially excluded groups. The Prevention of Atrocities Act must be amended to make it more comprehensive. The constitution of State-level SC commissions should be done in all States and UTs. The appointment of members should be through the Governor and not the Government. All State commissions should be given the right to summon. Central Statistical Organisations (CSO) should support commission’s work and extend technical support in documentation, policy and programme reviews.
— Vidyanand Vikal
Chairperson, Scheduled Castes Commisson, Bihar
The commissions, CSOs and other bodies must introspect and take responsibility to effectively safeguard and advance the rights of excluded groups. There should be mutual accountability among commissions and related bodies. Financial prudence and accountability is essential for the commissions to function properly. An increase in budget is crucial. The commission may not enjoy full-fledged judicial powers but the right to influence opinion and advocacy for excluded groups should be within their power. They should be able to access reports, review programmes and schemes for socially excluded groups and inform the public.
— Paul Diwakar
Dalit Christian activist
Improvement of internal planning is vital for their smooth functioning. Better infrastructure with adequate funds are must. Overlaping roles should be dealt with. Panels should act as watchdogs and keep an eye on schemes targeted at minorities reaching them. Commissions by law are grant organisations. Once they receive the grant, they must be given the freedom to utilise it. Channelising resources in conducting research, organising debates and summits on minority issues should be priority
— Wajahat Habibullah,
Ex-chairman, National Commission for Minorities