Get real on Swachh: on manual scavenging

spite the most stringent penal provisions in the law against manual scavenging, it continues in parts of India. The recent order of the Madras High Court asking the Centre and the Tamil Nadu government to ensure the strict enforcement of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, in the wake of the death of 30 people engaged in the activity in the State in recent years, points to the malaise. Evidently, the vigorous national campaign for the rehabilitation of those engaged to manually clean insanitary latrines, and urban structures into which human excreta flows without sewerage, has been unable to break governmental indifference and social prejudice. Manual scavenging persists mainly because of the continued presence of insanitary latrines, of which there are about 2.6 million that require cleaning by hand, according to the activist organisation, Safai Karmachari Andolan. In spite of a legal obligation to do so, State governments are not keen to demolish and rebuild old facilities lacking sanitation, or conduct a full census of both the latrines and the people engaged in clearing such waste. The Central government, which directly runs the self-employment scheme for the rehabilitation of these workers, has reduced funds from ₹448 crore in the 2014-15 budget to ₹5 crore this year. High allocation in the past has not meant substantial or effective utilisation. This is incongruous, as sanitation is high on the agenda of the NDA government, and the Swachh Bharat Abhiyan is one of Prime Minister Narendra Modi’s favourite programmes, to which the public was contributing a cess.

A determined approach to end the scourge requires a campaign against social prejudice that impedes solutions in two ways. Many communities still regard the inclusion of a sanitary toilet as ritual and physical pollution of the house, and even the less conservative are ready to accept only large, expensive and unscientific structures much bigger than those recommended by the WHO. More pernicious is the entrenched belief in the caste system, that assumes Dalits will readily perform the stigmatised task of emptying latrines. Clearly, the law on punishment exists only on paper. Change now depends on the willingness of the courts to fix responsibility on State governments, and order an accurate survey of the practice especially in those States that claim to have no insanitary latrines or manual scavenging. Raising the confidence level among those engaged in manual cleaning is vital; even official data show their reluctance to take up self-employment. Empowerment holds the key to change, but that would depend on breaking caste barriers through education and economic uplift. Compensation sanctioned for the families of those who died in the course of the humiliating and hazardous work should be paid immediately; only a fraction of those with verified claims have received it. 

H1N1 returns: what can be done to control the virus

So far this year, 12,500 people have been infected with the influenza A (H1N1) virus, of which 600 have died. According to official data, Maharashtra alone has registered 284 deaths, which by itself is much more than the total mortality figure of 265 in the country as a result of H1N1 in 2016. Even in the first three months of 2017, the number of cases and deaths were fairly high, at over 6,000 and 160, respectively. Maharashtra could have recorded the highest number of cases and deaths caused by the H1N1 virus because of better awareness and and a relatively more robust surveillance system. But there is every possibility of a spike in the number of cases in the coming months with cooler temperatures setting in and winter still months away. Though the incidence of H1N1 is likely to be less than in 2015, when the death toll was about 3,000, the steady toll being taken by “swine flu” is a big cause for concern. The whole genome sequencing carried out at Pune’s National Institute of Virology has confirmed that the virus has not undergone any significant mutation to make it more virulent. The virus has undergone point mutations, which is normal and reflects its evolution, but this has no correlation with virulence whatsoever. For instance, the California strain had been circulating around the world since the 2009 H1N1 pandemic. But as a result of point mutations, a new strain — the Michigan strain — emerged last year. India witnessed the circulation of both the California and Michigan strains in 2016. This year, surveillance revealed that the H1N1 virus found in India is only the Michigan strain. 

As in the case of the California strain, the Michigan strain too is susceptible to the drug Oseltamivir. In order to make the drug widely available and easily accessible so that treatment can be started early, the drug was moved from Schedule X to Schedule H1 last month. Timely diagnosis and easy and wide availability of the drug are expected to reduce mortality. It could also potentially increase the risk drug resistance setting in earlier. There are 42 laboratories providing diagnostic services across the country, and there is a compelling need to increase this number. The primary reason is that any delay in receiving results from reference laboratories combined with ready availability of the drug in more pharmacies will result in more prescriptions being handed out even in the absence of a confirmed laboratory diagnosis. Since the 2009 pandemic, H1N1 has become a seasonal flu virus strain in India even during the peak of summer. The only way, then, to reduce the number of cases and deaths is by framing a national policy for influenza immunisation. The first step in that direction is to have qualitative and quantitative data on the vulnerable population. Meanwhile, vaccinating health-care workers who come in contact with high-risk patients should be a priority.

The bind in Bihar: the challenges ahead for Nitish Kumar

An alliance forged out of immediate self-interest as opposed to shared, long-term goals allows only for fleeting moments of togetherness. The very same high-risk political strategising that drove Bihar Chief Minister Nitish Kumar into the arms of Rashtriya Janata Dal chief Lalu Prasad is now forcing him to hurriedly disentangle from the tight embrace. Slowly, but surely, Mr. Kumar is building pressure on Mr. Prasad’s son, Tejaswi Yadav, to step down as Deputy Chief Minister following CBI searches that point to him being a beneficiary of political corruption. Mr. Kumar would like two things: keep his government going with the help of the RJD, and, at the same time, protect his own image as a clean politician who will not compromise on the issue of corruption. But with the RJD adamant that Mr. Yadav will not quit as Minister, the Chief Minister might have to make up his mind on taking another political gamble. Mr. Kumar and his party, the Janata Dal (United), have remained in power in Bihar for nearly 12 years, initially in alliance with the BJP and later in alliance with the RJD. During that time, some of his political gambles have failed to pay off, as in the 2014 Lok Sabha election, when his decision to break the alliance with the BJP worked to the latter’s advantage. The JD(U) leader creates his own space in Bihar, beyond a Kurmi caste-base and on a distinct platform that views corruption and communalism as twin evils that have to be fought one at a time. At any point, one or the other is always a lesser evil. Depending on whether the BJP or the RJD is his primary rival, communalism or corruption becomes his main focus. When Mr. Kumar broke away from the BJP in 2014, he was trying to do a Naveen Patnaik, ditch an ally and take over its political space. But unlike Mr. Patnaik in 2009, Mr. Kumar failed miserably, yielding substantial ground to the BJP in 2014. But if an appetite for political risk that makes enemies of friends is his weakness, a readiness to build new alliances with old foes is his strength.

But there are limits to the room for political manoeuvre available for Mr. Kumar. While a tough stand against the RJD on the issue of corruption might enhance his popularity, there is no certainty that he will survive as Chief Minister. Once bitten, twice shy, the BJP might not be all too keen to revive an alliance. A three-way contest will work to the advantage of the BJP, and the party would much rather look forward to a mid-term Assembly election than serve as a crutch for the JD(U). At present, there is little Mr. Kumar can do other than to hope that the RJD would oblige him by agreeing to the axing of Mr. Yadav. Mr. Kumar might risk leading another political churning in Bihar, but that certainly is not his first option in the current crisis. There is too much at stake, but sadly for him the RJD knows he has more to lose than gain by standing on principle.

Spanish steps: On the secession vote in Catalonia

Ahead of the controversial October 1 referendum on secession in Catalonia, the Spanish government’s awkward move of tightening the purse-strings could prove politically costly. There is cause for concern that Prime Minister Mariano Rajoy's meddling with the financial priorities of Barcelona will play into the hands of the separatists. A veteran of many a crisis, Mr. Rajoy recently issued instructions to the regional government to ensure that not a single euro earmarked for development activities is diverted to the vote. The decision requiring weekly certification follows a judicial declaration that all expenditure towards the vote were unconstitutional. Recourse to such seemingly stringent measures has predictably drawn flak from Catalan leaders, who were already embittered that the province is being denied its due share of the overall tax revenues. Madrid’s mainstream political parties are opposed to the long-standing demand of Catalonia for independent statehood. Riding on the overwhelming support in the national parliament, Mr. Rajoy’s centre-right coalition is determined to block the proposed independence referendum. The government is even contemplating the invocation of Article 155 of the constitution to exercise direct authority over the north-eastern region in the event of a worst-case scenario. The country’s constitutional court is widely expected to rule that any referendum, as well as secession from the union, is violative of the constitution.

But that is where legalese ends and politics inevitably takes over. After holding several symbolic independence votes across many municipalities over the past decade, Catalan nationalists sense that what once seemed a distant dream could one day be turned into reality. The economic and social upheaval following the bursting of the Spanish housing bubble after the 2007-8 financial crisis, local problems were deflected on to the national stage. The 2015 election of the regional government, with a known pro-independence bent, might have been a reflection of this shift in perception. A perception among Catalan youth that the national government is clamping down on democratic expression could only strain the already delicate equation between Madrid and Barcelona. Recent history casts a remarkably sobering light on how much politicians can count on rational arguments to hold sway over popular sentiment. Britain’s vote to leave the European Union is just one example. Mr. Rajoy has earned a reputation for exercising caution to a fault during his premiership. His conciliatory tone, for instance, on Catalonia’s fiscal autonomy, a demand he had rejected some years ago, may yet open a window. The call issued by the opposition socialist leader, Pedro Sánchez, for more federal powers could similarly soothe tensions. Madrid must look to expand this spirit of accommodation.

Maharashtra’s law criminalising social ostracism is a template for other States

harashtra’s new law prohibiting the social boycott of individuals, families or any community by informal village councils is a step in the right direction, given the pervasive nature of the problem. The progressive legislation, which received Presidential assent recently and was gazetted earlier this month, targets the pernicious practice of informal caste panchayats or dominant sections using ostracism as a means of enforcing social conformity.The Maharashtra Protection of People from Social Boycott (Prevention, Prohibition and Redressal) Act, 2016, may serve as a template for similar legislation in other States. The Act lists over a dozen types of actions that may amount to ‘social boycott’, which has been made a criminal offence punishable with imprisonment up to three years or a fine of ₹1 lakh or both. The practices it prohibits range from preventing the performance of a social or religious custom, denial of the right to perform funerals or marriages, cutting off someone’s social or commercial ties to preventing access to educational or medical institutions or community halls and public facilities, or any form of social ostracism on any ground. The law recognises the human rights dimension to issues of social boycott, as well as the varied forms in which it occurs in a caste-based society. Its progressive sweep takes into account discrimination on the basis of morality, social acceptance, political inclination, sexuality, which it prohibits. It even makes it an offence to create cultural obstacles by forcing people to wear a particular type of clothing or use a particular language.

This is not the first law of its type. Bombay enacted a law against excommunication in 1949, but it was struck down by the Supreme Court in 1962 after the Dawoodi Bohra community successfully argued that it violated the community’s constitutional right to manage its own religious affairs. One hopes the latest Act will not be vulnerable to legal challenge. Article 17 of the Constitution and the Protection of Civil Rights Act outlaw untouchability in all its forms, but these are legal protections intended for the Scheduled Castes. In reality, members of various castes and communities also require such protection from informal village councils and gatherings of elders who draw on their own notions of conformity, community discipline, morality and social mores to issue diktats to the village or the community to cut off ties with supposedly offending persons and families. The case of a mountaineer from Raigad is somewhat notorious. He had conquered Mt. Everest but could not escape a social boycott in his village because his wife wore jeans and did not wear a mangalsutra. It is not a proud moment for a country when special legislation is required to prohibit social discrimination, ostracism and practices repugnant to human dignity. Yet, given the prevailing circumstances, any legislative assault on abhorrent social practices ought to be welcomed.

President of India Attends Farewell Function at Central Hall of the Parliament

The President of India, Shri Pranab Mukherjee attended the farewell function at Central Hall of the Parliament today (July 23, 2017).

Speaking on the occasion, the President said that for 37 years he served as a Member of Lok Sabha and Rajya Sabha. Listening to the stalwarts for hours and days in Parliament sitting in the Treasury or Opposition Benches, he felt one with the soul of this living institution. He understood the real value of debate, discussion and dissent. He realized how disruption hurts the opposition more than the government as it denies them the opportunity to raise the concerns of the people. It was unfortunate that the parliamentary time devoted to legislation has been declining. With the heightened complexity of administration, legislation must be preceded by scrutiny and adequate discussion. Scrutiny in committees is no substitute to open discussion on the floor of the House. When the Parliament fails to discharge its law-making role or enacts laws without discussion, it breaches the trust reposed in it by the people of this great country. He stated that the recent passage of Goods and Services Tax and its launch on 1st July is a shining example of co-operative federalism and speaks volumes for the maturity of Indian Parliament.

The President said that it was in July 2012 that his membership in Lok Sabha came to an end when he was declared as the 13th President of the Republic. Even though thirty-seven years of his life in Parliament came to an end on that day but he still continued to have a tenacious link with this institution, in fact he became an integral part of it, as President of Republic, as per the Constitution. In these five years, his principal responsibility was to function as the guardian of the Constitution. As he had said on oath, he strived to preserve, protect and defend our Constitution, not just in word but also in spirit. In this task, he greatly benefitted from the advice and co-operation extended by Prime Minister Modi at every step. With passion and energy, he is driving transformational changes in the country. He would carry with him fond memories of their association and his warm and courteous behaviour. 

The President said that as he retired from the Office of the President of the Republic, his association with the Parliament also comes to an end. He will no longer be a part of the Parliament of India. He stated he was leaving with a sense of fulfilment and happiness of having served the people of this great country through this institution- as their humble servant.

Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) / Pradhan Mantri Suraksha Bima Yojana (PMSBY)/ Insurance Claims

We got a representation dated 07.08.2016 from All India Central Paramilitary Forces Ex-Servicemen Welfare Association and a complaint letter dated 25.08.2016 from Ms. Jisha Anand the wife of the deceased Late Sanjeevan S. regarding non payment of death claim under Personal Accidental Insurance Cover for Paramilitary forces of her deceased husband Rfn/GD Late Sh. Sanjeevan S. by Reliance General Insurance Co. Ltd. The Deceased was employed with 23 BN Assam Rifles and covered under Personal Accident Insurance of Paramilitary forces by Reliance General Insurance Co. Ltd. He was killed in terrorist attack while performing his duties on 03.05.2015. Ms. Jisha Anand the wife of the deceased solider was not aware of any such Insurance cover on the life of her deceased husband. 

The State Bank of India, had submitted the requirements for claim settlement with the Insurer vide their letter dated 14.07.2015 (F-X) but the claim was rejected by the Insurer vide their letter dated 29.02.2016 (F-Y) on the grounds that all claim papers were not submitted within 180 days from the date of death. 

The complainant was following up the matter with different forums such as State Bank Of India, Insurer and other Grievance redressal forums but claim remained unpaid. At last the complainant  approached the Mission office through Paramilitary Forces Ex-Servicemen Welfare Association .As the deceased was soldier who laid down his life for our Motherland, the matter was taken up repeatedly by the Mission office, Jansuraksha with Claim Head , Reliance General Insurance Co. Ltd. Firstly the Insurer was reluctant to pay the claim ,but  on intervention by the Mission office they had decided to reopen the case for reconsideration and claim was finally settled on 15.12.2016 for Rs 300000.00 through NEFT and credited in the account of Ms. Jisha Anand.  Thanksgiving mail dated 29/12/2016 received from All India Central Paramilitary Forces Ex-Servicemen Welfare Association.

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J&K Paramilitary Accidental Insurance

A complaint on 08.08.2016 received regarding non-payment of personal accidental Insurance claim of Late Rifleman, Sh. Mohd Maqbool Yatoo under policy no 1111342914000034 from Reliance General Insurance Co. Ltd. This was neither PMJJBY nor PMSBY complaint.  The Deceased belonged to village Yall, Tehsil Pattan, District Baramulah, Kashmir Valley, and was killed while performing his duties. Because of the disturbance in Kashmir Valley the nominee could not make contact with the Insurer and pursue the matter.

Sh. Shivalik Lal Chandani, Major, Adjutant for Commanding officer was following up the matter since 31st  January 2016 with different forums  such as State Bank Of India, Insurer and other Grievance redressal forums  but claim remained unpaid. As the deceased was soldier who laid down his life for our Motherland, the matter was taken up by the Mission office, Jansuraksha with Sh.Vinay Maran ,Claim Head , Reliance General Insurance Co. Ltd. Mission office intervened in the matter and followed up  with the Insurer on 16.08.2016 for immediate settlement of the claim. The claim was finally settled on 17.08.2016 for Rs 300000.00 through NEFT and was credited in the account of Sumaira Begam wife of the deceased.

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UP Vyopari Durgatna Bima Yojana

A complaint from PMO office  on CPGRAM  registered vide complaint no PMOPG/E/2016/0109163 dated 04.04.2016 regarding non-payment of Vyopari Accidental Insurance claim of Late Vishal Gupta, under TIN No 09371702432 from United India Insurance Co. Ltd. This was neither PMJJBY nor PMSBY complaint but the complaint was vigorously taken up by the Mission office realizing the sensitivity of the issue.

The Insured Sh.Vishal Gupta had died on 17.09.2012 but the nominee filed the claim papers with Insurer on 21.04.2015. The claim was rejected by the United India Insurance Co. Ltd on the grounds of delay in submission of claim papers. The delay in submission of papers could only be condoned by the Joint Commissioner of Trade Tax,Saharanpur Uttar Pradesh.

The Nominee Smt. Kushboo Gupta wife of the deceased is young widow of 29 years with two small children to feed. Because of the untimely death of her husband the young widow was emotionally struck down and was mentally unstable for quiet long time so she could not make contact with the Insurer and pursue the matter for the settlement of the claim. 

The nominee was following up the matter for condonation of delay in submission of papers since 20th May 2016 with Joint Commissioner of Trade Tax, Saharanpur Uttar Pradesh but claim remained unpaid. The file got struck in the office of Additional Commissioner of Commercial Tax, Saharanpur, UP for almost four months.

As the nominee was young widow with two small kids, the matter was taken up by the Mission office, Jansuraksha with the Additional Commissioner Commercial Tax, Lucknow, UP. Mission office intervened in the matter and followed up with Sh. Babu Lal, Joint Commissioner of Trade Tax ,Saharanpur Uttar Pradesh for immediate waiver of the delay in submission of papers. It has been informed by the office of Additional Commissioner, Commercial Tax, Lucknow, UP that they have accorded waiver for the delay in favour of the claimant and file has been sent to Joint Commissioner of Trade Tax, Saharanpur, Uttar Pradesh for onward transmission to United India Insurance Co. Ltd.

We pursued the matter with concerned authorities and it has been confirmed by them that delay has been condoned by the Competent Authority and claim of Rs 400000.00 has been paid on 07.09.2016 to the nominee by United India, Insurance Co Ltd duly confirmed by their mail dated 07.09.2016 . Thanks giving mail received in Mission office on 13/09/2016.

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PMJJBY Claim not settled by LIC Amravati

We had received a complaint dated  10.07.2016 from Insurance -2 on 17.08.2016  regarding non-payment of claim under  PMJJBY on the life of  Late  Sh. Satish Rathi Vallabhdas to the claimant Smt Sunita Satish Rathi. It was reported by Smt. Sunita Rathi w/o of the deceased that her husband died on 25.11.2015  due to cardiac arrest and claim papers were lodged with the Malkapur Urban Co-operative Bank Limited, Malkapur, Maharashtra and the same were forwarded to Life Insurance Corporation of India ,Amravati Maharashtra on 03.02.2016 for settlement of the PMJJBY Claim  but claim remain unpaid inspite of submission of all requirements by the claimant. The claimant contacted Bank a number of times for settlement of the claim but it could not reap any results.

Matter was followed up by Mission Jansuraksha with Reserve Bank of India [Nodal Agency for Urban Cooperative banks] and Life Insurance Corporation of India through mails and telephonic reminders repeatedly. It was requested by the Bank to resend the complaint received from Smt. Sunita Rathi enabling to take up the matter with the Malkapur Urban Co-operative Bank Limited, Malkapur, Maharashtra .Scanned copy of all the documents were called by Mission office and again forwarded to RBI for disposal of the claim. By intervention of Mission office claim under PMJJBY was finally settled on 04.10.2016 and amount of Rs 200000.00 was credited through NEFT in the account of Ms. Sunita Satish Rathithe wife of the deceased. Smt. Sunita Rathi has applauded our efforts for settlement of claim vide her letter dated 05.10.2016 enclosed with her mail dated 18.10.2016. Thanksgiving mail received on 18/10/2016.