MONTH-IN-PERSPECTIVE-SEPTEMBER 2021

NEW DELHI: In one of the novel initiatives for the first time this government of NDA at the centre has identified 115 districts from 28 states, at least one of each state, in a transparent manner by a committee of senior officers to the government of India, in consultation with state officials using a composite index of key data sets that included deprivation enumerated under the socio-economic caste census. It is true that there are significant inter-state and inter district variation in development indices, reflecting a high heterogeneity in the living standards among different sections of Indian society, as reflected in the HDI determined by UNDP. Hence, this initiative, Transformation of Aspirational Districts program was launched in January 2018, through mass movement to quickly and effectively transform these districts. Reportedly this program is a policy priority of government of India with NITI AAYOG anchoring it. In these 115 districts of 28 states there are 19 districts in Jharkhand alone, which is the highest figure among all states and there is 1 in Kerala, indicating the level of the Human Development Index that is prevalent in these states. So it’s clear that Jharkhand needs massive support and assistance in becoming inclusive in its growth paradigm. But what is stark is Bihar too is No: 2 with 13 such districts. Between them there are 32 districts; some 28% of 115 backward districts of India, and both of them were one state until 2000. So you can imagine the neglect and ruination of Bihar and by extension Jharkhand, by all political parties for all these 74 years of free India. How can people vote for likes of Lalu Prasad Yadav and his cronies to rule the state, despite such poor socio-economic condition witnessed by these two states, by successive governments? Here it is pertinent to recall that India has seen 12 five yearly developmental plans until 2014, when the present NDA government replaced the Planning Commission with the NITI AAYOG. Despite these 12 developmental plans India’s HDI did not see any discernible difference clubbed with low development countries. The fact that these 115 districts were identified as very backward is the reflection that these 12 developmental plans of redistributive exercise left these districts untouched, indicating the poor involvement of elected representatives of these districts, besides poor governance and failed delivery system. Under the circumstances the government of National Democratic Alliance led by BJP needs to be congratulated for initiating this unique program for identifying and working to improve the human development indices of these states with a measure of freedom and autonomy to work towards their improved destiny in a spirit of competitiveness. The latest round of performance measurement reportedly tells, Chandel, a district of Manipur recorded sharp improvements in different parameters from its earlier position of 30, catapulted to the top position among these 115 aspiring districts. With 16 districts Manipur is the best state in India in all Human Development Indices (HDI), since Manipur had only 1 district in the Aspirational group. Probably the state of other districts of Manipur inspired this Chandel to prove itself-hum bhi kuch kam nahee. That indeed is the spirit of its people, something both Jharkhand and Bihar besides many other states of India need to learn. According to the report datelined New Delhi, there are 5 districts which have topped in the recent performance appraisal by NITI AAYOG, and they are-1, Chandel- Manipur 2, Sahibganj- Jharkhand, 3, Firozpur –Punjab-4, Dhubri- Assam, 5, Kiphre- Nagaland. All these districts hold lessons in mass participation in the developmental exercises initiated by the central government. It only proves, that it’s possible to say good bye to the socio-economic backwardness or stagnation for decades, of this Mera Bharath Mahan, if there is people’s participation and administration coming together with one goal. Here it is significant to note that, one of the districts of Jharkhand; Sahibganj which has achieved 2nd ranking in the latest assessment by NITI AAYOG has been far behind but was consistently performing better ever since the program started in January 2018. Thus, it has only proved the age old oft repeated idiom “where there is will, there is way”. If only the present political leadership of Jharkhand takes the lead, the all round progress is only that far. It’s a clear lesson to Bihar leadership of NDA led by Nitish Kumar to keep their ears, eyes and mind open to learn from Hemant Soren, the CM of Jharkhand. The NDA government that took this initiative needs to be commended, where districts are prodded and encouraged to first catch-up with the best districts within the state and subsequently aspire to become one of the best in the country by competing with and learning from others in a spirit of competitive and co-operative federalism. Two cheers to NDA. BIHAR: High Court in Patna needs to be congratulated for acting pretty fast on a petition moved by three engineering recruits as assistant engineers by the Bihar Public Service Commission (BPSC). Three candidates, Anamika Asana, Nishu Kumari and Vineet Kumar were denied recruitment by the BPSC, on the ground that candidates did not show the University Degree Certificate. All colleges normally issue provisional pass certificate, until university issues Degree Certificate on the convocation day. Some 13 candidates had submitted the provisional pass certificates, since they had just passed and Degree Certificate by the university would be available after many months. This is quite in order. However BPSC reportedly cancelled the recruitment of all candidates who had not submitted University Degree Certificate. Three among them went to the court to get the notification of BPSC result squashed. Hearing reportedly took place on August 16 and on 17th, the judgment was delivered and the same night it was uploaded on the Patna High Court Website. That’s alacrity of the highest order. In less than 48 hours, the Patna High Court ruled that “the failure to produce an educational degree certificate issued by the university during interview is not a ground to cancel an aspirant’s candidature for a government job”. That was indeed a splendid job, couldn’t have been any better. Two cheers to Patna High Court. BIHAR:There were two stories in Sunday TOI, “Ex-minister of UP in jail after 4th wife’s complaint of Triple Talaq” by one Deepak Lavania, and the other was by Rebecca Samervel “Statement of special needs youth gets molester 10 year RI”. Prima facie, both stories carried positive message. But these highly paid journalists working for big newspapers are, truly speaking, incompetent to cover all questions, which reports they file can generate, from thinking readers. Sadly both newspaper editors and their staff take readers for granted. Ex-minister in the Samajwadi Party government in UP was reportedly arrested on a complaint by one of his wives, Nagma may be 4th as only caption informs. No mention of other 3 wives. Former Minister Basheer and his family were harassing Nagma and she returns to her mother’s place and comes back to confront her husband on learning that Basheer is getting married again. But Basheer in turn abuses her and pronounces, Talaq Talaq Talaq. Now that there is a law against Triple Talaq, so Nagma goes to police station to complain, but she alleges police didn’t help her, despite there being a dozen cases against this former minister Basheer. It appears, she complains again somewhere but it’s not mentioned where. However, reportedly ‘on court’s order ex-minister Basheer is jailed’, informs Agra SSP Muniraj. If Senior Superintendent of Police is in the picture, police complaint must have been there. But the report is silent about it. It’s good that the minister is jailed for Triple Talaq offence, but no details of Basheer being presented to the court by the police. No court details, No complaint details, as to whom, where etc. Yet case is closed. This is one story. The other story by Rebecca, too have too many gaping holes. A man in 2016 caught hold of a 16 year old disabled youth and forcibly sodomises him. That day the boy returns late home from his special school. Father enquires about the delay and boy narrates the incident. Father finds the man and confronted him. The accused beats father also. Strangely, father does not complain to the police, neither Rebecca enquires why he did not complain to the police. The incident happened in August 2016. After many months, may be even a year later on finding the suffering of the boy, father approaches a doctor who advises him to complain to the police after treating the boy’s wounds. The police in turn arrest the accused on the basis of complaint and based on the deposition by the differently abled youth and arguments by special public prosecutor, the accused was convicted and sentenced to 10 years rigorous imprisonment. From August 2016 to August 2021, it took 5 years to conclude the case with the imprisonment of the accused. There are no details of boy and his father, how more than a year it took for the treatment and then complain. No defense lawyer like amicus curie was provided, to the accused. The story is silent about it. Only on the basis of prosecution’s arguments case gets closed. This must be a real story, but very poorly structured with too many unanswered question. This is our media. MADHYA PRADESH: There is this story datelined Bhopal “Jailed Godman seeks pardon, free life”. Story dates back to 1991, some 30 years ago. One Swami Shraddhananda was managing the estates of Nawab of Rampur in 1983 and before. Shakereh, a granddaughter of Diwan of Mysooru Sir Mirza Ismail visits Nawab of Rampur in 1983. She was married to Akbar Khalili, the then Indian envoy to Australia and before that to Iran. Clearly this lady was from an elite section of Indian society. When she visits Nawab of Rampur in 1983, she goes round the estates and was impressed with Swami Shraddhananda’s work in managing estate of Nawab. She invites him to Bengalooru to help her with her properties. Working closely together they warm up to each other. Sometime in 1985 Shakereh divorces her husband of 21 years and marries Swami Shraddhananda in 1986. This Swami, then 56, should have been happily married to this lady, some 10 years younger to him, from an elite background and good fortune with hundreds of crores worth of properties and enjoyed and experienced the bounty that fortune held out to him. But that was not to be. It’s a story of how greed can destroy everything in life. In just about 5 years, in mid 1991, this so-called Godman, does the satanic deed of sedating his wife of 5 years and buries her alive in the backyard of her palatial house in Bengalooru only to acquire her wealth. This greed, not only killed probably a good and decent human being but also he ended up in jail for the next 27 years since 1994 and now 83, is looking to live free from prison. So, neither the killer could enjoy the wealth for which he murdered rather cruelly buried his wife alive, but an innocent lost her precious life only for trusting her killer husband. Trial Court had reportedly sentenced him to death in 2000 and Karnataka High Court confirmed the death sentence in 2005. But, in its wisdom Apex Court made it LIFE SENTENCE WITH NO REMISSION. But after 27 years in prison, now 83, this Godmen Swami Shraddhananda urf Murali Manohar Mishra is pleading for presidential mercy saying he has behaved well while in jail. Sabkuch lutaake hosh mein aayetho kyaa kiya. After losing everything what’s the use of wisdom dawning so late in the day, is a Hindi couplet. No, we do not think, this animal of a man, who buried his trusting wife alive, deserve any sympathy. He should not be granted presidential clemency for the enormity of the crime he has committed. Message should go; he should suffer for life until his last breath for the diabolic crime he has committed, period. MAHARASHTRA: When yesterday (24/08/2021), TV channels were blaring “Union Minister Rane arrested in Chiplun, Maharashtra”, it did raise eye brows. In an India of 74 years of democratic governance such things have not happened, where a union cabinet minister was arrested. Of course the arrest of M. Karunanidhi and his relatives, who were union ministers by the then Jayalalitha government in Tamil Nadu was the high water mark in such arrests. She was settling political scores between AIADMK & DMK. But this episode in Maharashtra can be the cake for the high handedness of any government for a mere remark. Wonder what the intelligentsia or Buddi Jeevees of India and of course the media would have anything to say of this provocative action ordered by the Chief Minister himself! But what is shocking and therefore the height of ignorance is the apparent lack of knowledge of Independence Day of India of Uddhav Thackeray, the son of legendary Bal Thackeray, a cartoonist turned political thinker and socio/political leader of Maharashtra. By some quirk of fate this Uddhav Thackeray became the Chief Minister of Maharashtra and he used his power to arrest Narayan Rane, for saying “It is shameful that the Chief Minister does not know the year of independence. He leaned back to enquire about the count of years of independence during his speech. Had I been there I would have given him a tight slap”. In a situation, where Uddhav Thackeray was not a Chief Minister of Maharashtra and Narayan Rane was also not a Union Minister, and both are grassroot leaders of Shiv Sena, how would the police have reacted! Chances are, it would have been just a storm in the tea cup and life would have gone on. But, Narayan Rane is no more a Shiv Sainik, and a Union Minister to boot, that too in a BJP government at the centre. That was enough to rub salt, and Uddhav Thackeray, the boss at Maharashtra, he had to show his power, just as YS Jaganmohan Reddy as CM of Andhra, got an MP of his own party arrested by Andhra Police for demanding cancellation of bail of Andhra CM. Of course, in both cases police have been only tools of the avenging political class. But in Maharashtra, right from the word go, police appeared too keen to submit themselves to the shenanigans of the ‘mighty’ Chief Minister Uddhav Thackeray. They did not allow Union Cabinet Minister Narayan Rane even to finish his lunch in Chiplun, where he was travelling as part of Jana Aashirwad Yatra. It reflects poorly on the police in Maharashtra. Strangely, no social media or media reactions, on the incident has surfaced so far, especially when there are millions who jump into the fray in the name of freedom of expression at the drop of a hat. ANDHRA PRADESH:There is this video going viral in social media produced and uploaded by an Andhraite. He believes he has faith in the judiciary of India, but wonders why Chief Minister of Andhra Pradesh YS Jagan Mohan Reddy is still on bail and not in jail! According to him the incumbent Chief Minister of Andhra YSJM Reddy is, for more than 9 years on bail instead of being in jail on charges of corruption and other criminal charges. There are 11 CBI charges and 7 Enforcement Directorate charges besides 24 cases of cheating under IPC: 420, and he has undergone over 16 months of jail in Chanchalguda jail, informs this videographer. India is a strange place where you can have a Chief Minister of a state who is a criminal on bail and he is supposed to look after the law and order of the state so also welfare of the state and its citizens. He is supposed to preside over the distribution of state’s resources for the management and improvement of the state and its people. How a person having allegedly 18 CBI and Enforcement Directorate charges and 24 cases of cheating can be the elected Chief Executive and preside over the destiny of the state!? And neither media is raising the issue, nor does the judiciary-whether state or central-appear bothered about it. Isn’t it shocking, that, in their activism, both High Court and Supreme Court jump into the fray to pick-up issues concerning questionable rights of freedom are strangely quiet on this extremely disturbing state of affairs involving the Chief Minister of Andhra Pradesh? The present incumbent at the helm of the highest court of the land, Justice NV Ramana is, these days in the media for the keen interest he is showing on certain issues, has strangely not touched this very worrying matter involving the Chief Minister of the state to which Justice Ramana himself belongs. In fact, last month, Raghurama Krishna Raju, an MP from Andhra openly revolted against the CM YSJM Reddy and even filed a petition in CBI court to cancel the bail of CM Jagan Mohan Reddy, and this YSJM Reddy gets the MP arrested and police reportedly thrashed him. Hope these latest developments will make Supreme Court take note of the matter and act suo moto to bring the matter to justice. TAMIL NADU: Madras High Court in its recent verdict in July 2021 had intervened regarding an application by Residents Welfare Association of a residential complex in Chennai. That there are grey areas in the application of GST is fairly well known. But that it would make even flat owners association of a residential building to pay GST for the maintenance charges of its flat was shocking to say the least. An association of flat owners had gone to court to challenge the proviso that those who are paying Rs. 7500/- or more are liable to pay GST on the full amount of maintenance. The law provides that exemption is available only up to Rs. 7500/- and if the monthly maintenance payment is more than 7500/- then the entire amount shall be taxed not just the excess beyond 7500/-. The Madras High Court intervened to ask the government to collect GST only on the amount in excess of 7500/- and not on the entire amount. While, this intervention by the Madras High Court is a welcome development, it must be stated that this very taxation by way of GST to Flat Owners Association is prima facie wrong, since there is no profit motive or element of profit present in its routine operations. Flat owners come together to look after the security of their building and maintenance of common areas of the building. They cannot individually look after the common area in the vicinity of their flats, that is how they come together to form a society so that collectively they can effectively address all common problems affecting all members. In fact all legal experts are of unanimous opinion that GST on Resident Welfare Association or Flat Owners’ Association is prima facie legally untenable and utterly ridiculous, since both receipts and payments are based on the principal of mutuality between contributor & participants, with managing the affairs of a mere Flat Owners Association.