Tag Archive | Uttar Pradesh

Ex-Hostage’s Wife Wants Laws Against Piracy Business ! – By Mukesh Jhangiani

                                                                                                                       July 6, 2011

 

Ex-Hostage’s Wife Wants Laws Against Piracy Business !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Indian authorities were urged today to enact clear laws– as well as enforce them– to regulate merchant seafaring, including hiring of sailors and allowing or requiring armed guard to protect vessels against pirates.

Gulf of Aden

Gulf of Aden (Photo: Wikipedia)

”Otherwise this piracy business will go on thriving,” Sampa Arya, whose husband Sandeep Arya was among Indian sailors aboard merchant vessel Suez released after a reported US$2.1 million payoff to Somali pirates, told journalists.

The racket has grown 177 per cent in just one last year, Mrs Arya claimed, drawing presumably on internet data.

She was accompanied by relatives of six Indian sailors in the captivity of Somali pirates aboard another merchant vessel called Iceberg.

The seamen captive aboard MV Iceberg: Jaswinder Singh of Haryana, Dhiraj Tiwari, Ganesh Mohite and Swapnil Jadhav of Maharashtra, Santosh Yadav of Uttar Pradesh and Shah Ji Kumar Purshotanam of Kerala.

Former Subedar Major Purshotam Tiwari said his son and five others from India were hostage for the past 16 months. He had sought the help of the Shipping, External Affairs, Home Affairs and Defence Ministries as well as the Chief Ministers of Maharashtra and Bihar. He had even drawn the attention of Lok Sabha Speaker Meira Kumar, Prime Minister Manmohan Singh and President Pratibha Patil, all without much avail.

Mrs Arya criticised what she suggested was a ”passive” government approach to the issue of sailors taken hostage for ransom.

The reported US$2.1 million came from MV Suez owner Abdul M Mathar of Egypt and a welfare trust run by former Pakistani Human Rights Minister Ansar Burney who also helped negotiate.

”It was with Ansar Burney’s help that we managed to negotiate with the pirates,” an Indian online outlet quoted Mathar as saying.

Experts say Somalis have been targeting mostly ships flying Flags of Convenience, which typically have budget constraints, are ill-equipped, and thus easier to overwhelm.

Merchant ship owners often register their vessels in a foreign sovereign State to reduce operating costs and avoid regulations in force in their own countries.

English: GULF OF ADEN (March 22, 2009) The Amp...

Counter piracy effort – Amphibious assault ship USS Boxer and aircraft carrier USS Theodore Roosevelt transit the Gulf of Aden (Photo: Wikipedia)

The term Flag of Convenience in use over half a century pertains to the civil ensign a ship flies to indicate its country of registration under the laws of which it operates.

The idea caught on and by the late 1960s Liberia surpassed Britain as the world’s largest shipping register.

More than a dozen States currently operating ‘open registries’ are reported to have sub-standard regulations.

More than half of the world’s merchant ships are registered under Flags of Convenience, with Panamanian, Liberian and Marshallese registries accounting for almost 40 per cent of the world fleet in deadweight tonnage.

A key criticism of the system is it lets shipowners be legally anonymous and difficult to prosecute in civil and criminal actions.

Such ships are also alleged to be engaged in crime ranging from illegal fishing to terrorism, offer substandard wages and working conditions and targeted for special enforcement by countries they visit.

But given the level of unemployment and state of regulation in developing countries such as India finding sailors is hardly a problem.

Complicating the situation over the past half a dozen years has been the Gulf of Aden, where a war-torn Somalia, without a functioning government since 1991, has turned into a hotbed of piracy.

Article 101 of Law of the Sea convention 1982 defines piracy as any illegal act of violence or detention or depredation committed for private ends by the crew or passengers of a private ship on the high seas against another ship or persons or property on board such ship.

But experts say it does not cover all cases of piracy.

”The Somali situation does not seem to strictly qualify as piracy under the Law of the Sea convention 1982,” says former additional director general of Shipping and nautical adviser J S Gill, adding that the wording ”may hamper charging a person as a pirate.”

A former chairman of the Delhi branch of the Company of Master Mariners of India, Capt Gill sees piracy as an exigency that ought to be linked to insurance, since it is underwriters who must eventually make good any losses to vessels or cargo.

Mariners interviewed say Somali activity has spawned a whole new mostly-Western industry for insuring vessels at risk with ever-increasing premiums.

That and other factors such as the data intelligence Somalis seem to possess or lawyers quick to rise to their defence on arrest suggest a new dimension– of an ‘organised under-world.’

Far from being sea pirates hunting for victims, they sometimes seem well-informed about their potential targets to the point of knowing for instance the cargo on board and the exact number of hands a vessel set out with, seafarers say.

Capt Gill who was present at the news conference said sailors in such captivity were often found to have taken employment through unlicensed agents.

”While the government may not be strictlly legally responsible for their employment they deserve basic humanitarian assistance as any citizen working abroad.

”Many victims or relatives,” Capt Gill said, ”do not know that the Director General, Shipping is statutorily entrusted to look out for Indian seamen in distress, irrespective of the source of their appointment, and must be persisted with.

”I believe the DG, Shipping and the MEA regularly press Embassies of the Flag States of the pirated ships.”

Mrs Arya stressed setting up a central agency to regulate seamen’s recruitment so as to help Indian aspirants steer clear of ships flying flags of convenience.

Experts say India has Shipping Masters at various ports supervising employment of merchant seamen and officers, but the system has eroded over the decades to a point that many seamen now find work without referring to it.

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Drawing Line Between Trial And Punishment ! – By Mukesh Jhangiani

                                                                                                                          March 25, 2011

M. Veerappa Moila

M. Veerappa Moily (Photo: Nestlé)

Drawing Line Between Trial And Punishment !

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – More than 300,000 under-trials were let out of custody after a special drive begun early last year but with new arrivals daily the number in prisons remains almost what it was– more than 200,000.

”Imagine the plight in absence of such an effort,” was how a senior government official responded when asked about the impact of the special drive, which, he pointed out, has been extended.

Article 21 of the Constitution lays down that ”No person shall be deprived of his life or personal liberty except according to procedure established by law.”

A statistic to bear in mind: roughly two out of every three prisoners in India are under-trials– only one is a convict serving sentence.

Doing Time, Doing Vipassana

Guilty or Innocent (Photo: publik16)

That, critics say, is a telling reflection of a justice system ostensibly committed to treating an accused as innocent until proven guilty.

For instance, 162 of 543 Members elected to Parliament in 2009 faced criminal charges as against 128 in 2004. Correspondingly, 76 and 58 of them faced serious charges.

Of 813 legislative assembly members in Assam, Kerala, Puducherry, Tamil Nadu and West Bengal, which go to the polls next month, 204 faced criminal charges, 83 of them serious charges.

Serious crime cases include those involving murder, attempt to murder, kidnapping, robbery and extortion.

The special drive was an initiative by Law and Justice Minister M Veerappa Moily to decongest prisons.

”We want to dispose of as many as two-thirds of the under-trial cases by July 31,” Dr Moily told journalists on Republic Day eve 14 months ago. ”The mission begins January 26.”

The exercise involved expediting legal process for some 200,000 under-trials as part of a National Mission for Delivery of Justice and Legal Reforms.

In a jurisprudence known to let even those accused of serious crimes get bail or get elected to legislatures, many under-trials are believed to spend longer in jail than their alleged petty crimes warrant.

By law anyone arrested has a right to be informed of any charges he or she faces, consult a lawyer of his or her choice and to be produced before the nearest magistrate within 24 hours of arrest.

Lawyers say that without legal aid, those who cannot afford bail inevitably suffer prolonged incarceration during the pendency of investigation by police and trial by a court.

Experts say they languish simply because they are illiterate, do not know their rights or charges they face, and cannot afford lawyers– although Rs 50 crores is spent annually on legal aid.

According to a National Human Rights Commission consultant, India’s prison capacity in December 2008 was 293,144 inmates, against which 386,791 inmates were actually in prison– 264,502 of them under-trials and 122,289, convicts.

While authorities have been acquiescing in the miscarriage of justice, the victims’ plight has, from time to time, evoked concern at home and abroad with critics assailing India’s tortuously slow courts.

India is bound by several international human rights conventions and for decades the government as well as courts have been aware of the violations.

An early official reference to the plight of under-trial prisoners came in the findings of K F Rustamji, a National Police Commission member, 32 years ago.

He saw under-trials as ”dumb, simple persons, caught in the web of the law, unable to comprehend as to what has happened, what the charge against them is, or why they have been sent to jail,” and prisons as a system ”slowly grinding thousands of people into dust.”

Indeed, the first public interest litigation– Hussainara Khatoon & Ors vs Home Secretary, State Of Bihar… 1979– brought to light how undertrial prisoners had been in jail longer than if they had been charged, tried, convicted and given maximum punishment.

Supreme Court lawyers recall a September 1977 judgement by Justice V R Krishna Iyer who held that ”the basic rule may perhaps be tersely put as bail, not jail.”

Among exceptions he spelt out ”are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like.”

”It made clear that incarceration in the name of judicial custody and protracted or delayed trial is itself criminal as it hits at the very base of Article 21,” says advocate Ravi Prakash Gupta.

Eight years ago, National Democratic Alliance Law Minister Jana Krishnamurthy drew attention to the plight of more than 200,000 under-trials.

”It’s a shame,” he said, that in independent India men and women have to await their day in court for over ten years.

The yearly cost to public exchequer for under-trials upkeep was then estimated at Rs 4.6 crore.

Although under-trials’ guilt is yet to be proven, they remain in prison almost indefinitely.

Experts say unlike convicts, found guilty, they are not even entitled to such basics as uniforms, literacy lessons or work.

NHRC consultant Lakshmidhar Mishra says children and juveniles are worse off inasmuch as they are put up in regular jails with hardened criminals contrary to law for lodging them in police lockups or observation homes, which are neither adequate in number nor adequately equipped.

There was no let-up until about a year ago, when a move to cut two thirds of under-trial cases was announced by Dr Moily of the United Progressive Alliance.

Addressing lawyers on November 26, 2009, marked as Law Day, the Minister regretted the justice system’s failure to give every citizen equal protection of law.

”A necessary corollary to the guarantee of the rule of law is Article 14 of the Constitution,” Dr Moily reminded.

Article 14: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

”Unfortunately,” he admitted that ”justice delivery system in its working in India has not been able to guarantee this protection to every citizen– man, woman and child.”

The government asked High Courts to identify under-trials not involved in heinous crimes or preventive detention so that their cases may be put on a fast track to expedite pressing cases.

The Indian Constitution guarantees speedy trial. But the commodity is routinely in short supply, with litigation often taking years, even decades.

Indian courts have close to 31 million cases pending, a factor that discourages justice seekers at home, investors from abroad, and has even judges advocating alternative ways of resolving disputes.

Hope may be hard to entertain given hundreds of High Court judgeships and thousands of lower judicial posts perennially vacant and inconsistent sentencing practices across India undermining the deterrent value of law.

Government figures show that there were 213,739 under-trials in prison as the drive got underway.

Over the next six months or so, only 43,504 were convicted and 50,282 discharged.

As many as 309,728 under-trials were released after having been kept in jails for unspecified periods.

About the same time, 399,115 new under-trials arrived in prisons across India, to wait for their day in the court.

Government data indicate that of 612,854 under-trials in prison for unspecified periods– ranging from a day to possibly several years– merely 7.09 per cent were actually convicted in those six months or so.

The figures made available do not, for instance, specify how long individuals spent in jail on what sort of charges before they were convicted, discharged or released.

Nor has there been a mention of compensating any who might have been jailed or held without basis.

Any compensation awarded by human rights or other authorities is discretionary, depending on how a given judge feels at the moment– hardly fair.

No compensation is mandated by the Indian Constitution or statutes for wrongful confinement.

In a telephone interview with United News of India special correspondent Mukesh Jhangiani, Dr Mishra called it ”a significant omission,” and agreed that a remedial legislation is needed.

But given the pace of legislation in India, remedies are neither swift nor easy.

The figures indicating that the number of under-trials in prison at the end of the drive was 212,454– just 1,285 less than at the outset– do not necessarily reflect a nationwide trend.

In 16 out of 27 States or Union territories for which the Justice Department has received figures, the numbers actually went up.

West Bengal led in this increase with 14,238 under-trials put into prisons while 9,337 were released, an increase of 4,901 under-trials in prison.

It was followed by Orissa, with an increase of 4,305, Rajasthan, 3071, Haryana, 1,737, Jharkhand, 1,726, Bihar, 1,550, Chhattisgarh, 1,516, Gujarat, 1,086, and Assam, 1,000.

Smaller increases were reported by Andhra Pradesh, 678, Punjab, 677, Kerala, 652, Manipur, 238, Tripura, 118, Himachal Pradesh, 107, Goa, 106, Nagaland, 69, and Arunachal Pradesh, 47.

One State which reported the highest decline was Uttar Pradesh which released 77,205 under-trials while putting in jail 55,287, an actual decrease of 21,918.

It was followed by Madhya Pradesh, where the number of under-trials in prison declined by 748, Karnataka, 643, Uttarakhand, 569, New Delhi, 356, Maharashtra, 257, Mizoram, 156, Meghalaya, 112, Sikkim, 58, Chandigarh, 11, and Daman and Diu, 1.

The Department had no figures immediately from Tamil Nadu, Jammu and Kashmir, Andaman and Nicobar, Dadra and Nagar Haveli, Lakshadweep and Puducherry.

The programme originally scheduled to end on July 31, ”is continuing,” Dr Moily told journalists a few weeks ago.

From citizens’ perspective locking up innocent, law-abiding individuals is as undesirable and indeed repugnant as letting crooks and lawbreakers roam free or shape laws or societies.

UNI MJ NK 1749

A 21st Century Dark Age Cries Out For Rule Of Law ! – By Mukesh Jhangiani

                                                                                   March 02, 2004

Persecution of witches

Persecution of ‘witches’ (Depiction: Wikipedia)

A 21st Century Dark Age Cries Out For Rule Of Law !*

By Mukesh Jhangiani
United News of India

New Delhi (UNI) – Lives of helpless women branded as witches by men out to exploit them left a woman cop-turned-international civil servant almost speechless.

After watching a two hour film titled Jeet, Kiran Bedi said it made her wonder what she was doing flying to New York when there is so much to be done here.

Bedi, currently United Nations Civilian Police Adviser assigned to helping bring rule of law to UN Peacekeeping, was in New Delhi the past week. Almost impulsively she remarked that is work and service, too.

Efforts to quell complex conflicts over the past decade appear to have finally brought home to the UN that for peace to sustain, rule of law must be established first. To that end, the role of police officers– domestic and global– has taken on growing significance in the mandates of UN peacekeeping missions.

Rule of law– or its absence– was also the theme underlying the film at hand sponsored by the Human Resource Development Ministry’s National Literacy Mission screened at Habitat over the weekend.

It tells the story of a widow and her teenaged daughter preyed on by a village head and his henchman who is a ‘witch-doctor’ or ojha.

Both women are branded witches. One is burnt, the other dragged into the forest and gang-raped.

Emancipation comes from exposure to education brought to the village by a journalist-turned-teacher who exposes the exorcist with the help of a professional magician.

India, said Bedi, is broadly three worlds. At one end of the spectrum is the Infosys world, at the other, this. ”In between,” she told audience, ”it’s us.”

Clearly, she went on, there is a lot to be done. Watching the movie made her wonder how many times she would have to be reborn to do it all, she said.

English: Witchmonument at Anda, in Gloppen, No...

Witch-hunt outlawed and consigned to history – a Norwegian monument in memory of victims (Photo: Wikipedia)

Another viewer, former Information and Broadcasting Minister Vasant Sathe, said he felt impelled to look within and think of superstition that abounds among India’s educated even in the 21st century.

According to film-maker Lavlin Thadani, witch branding takes a toll of several hundred victims year after year in Bihar, Jharkhand, Madhya Pradesh, Andhra Pradesh, West Bengal, Uttar Pradesh, Gujarat and elsewhere.

The problem is a manifestation of failure to deliver on several fronts– education, health care and law and order.

”Violence against women is part of rural life, resorted to by the upper castes to keep the disadvantaged under economic and social subjugation and inflict political lessons,” she said.

”It is one of the ways for preservation of caste structure and upper caste hegemony, witch branding just being a cover for exploitative social arrangement.”

In absence of a proper medical support system, tribal communities rely on ojhas for magic spells to cure the sick. They enjoy power over the community. Many illnesses run their course and disappear.

When their mumbo-jumbo or potion fails to relieve a patient, a scapegoat is found, invariably in the poorest and most vulnerable women. Whether it is tuberculosis or any other virus, villagers readily believe it is a result of witchcraft.

At times, ojhas are used to target widows or single women who come into property or land. At times, because a woman has spurned a man’s advances. Given high levels of morbidity, blind faith and greed, ojhas have little trouble making a living.

Women accused of witchcraft are hounded, dragged into the forest and hacked, hanged or burned to death. Their teeth are knocked out, heads shaved or breasts chopped off, or they are forced to strip and walk naked through villages– anything to wreck their spirit.

Laws have been enacted but seldom result in convictions. Bihar, notorious in the matter, was reported to have passed a tough law requiring a three-month prison sentence for so much as calling a woman a witch.

One woman branded a witch by relatives, expelled from the village and rejected by her husband, fought back. She sued her kin, who were found guilty. The judge let them off as first-time offenders.

UNI MJ KS

Judges Urged To Help Counter Vote Bank Casteism – By Mukesh Jhangiani

Different Castes and reservations available in...

Different Castes and reservations available in India. (Photo: Wikipedia)

                                                                                                                       July 6, 2003

Judges Urged To Help Counter Vote Bank Casteism

By Mukesh Jhangiani
United News of India
New Delhi (UNI) – Indian Judges have been urged to help counter the caste system which lost economic bearings long ago but is ”fostered and sustained socially” by ”vested interests for vote bank politics.”

The suggestion came from a fellow Judge of the Allahabad High Court in an academic paper arguing that the Gujarat and other killings in the name of religion and caste belie hopes that a modern constitution by itself would make a society modern.

Justice Markandey Katju’s paper titled ‘Access to Justice With Special Reference To Socio-Economic Rights’ was published as part of the proceedings of a seminar held recently in the Capital.
Although long outlawed, caste discrimination largely affecting 240 million of India’s dalits and tribals has far from disappeared.
Published accounts say two Dalits are murdered and three Dalit women raped every day across India. Activists say that is an underestimate.
”The belief that by merely importing and transplanting a modern Constitution from above will result in our society quickly becoming modern has proved to be mistaken,” Justice Katju wrote.
He cited as proof ”what… happened in Gujarat” and the barbaric ”honour killings” of young men and women aspiring to marry out of caste in Meerut and Muzaffarnagar in Western Uttar Pradesh.
”People have killed each other in the name of religion in the year 2002– as they did at the time of Partition in 1947– although the Constitution has been in force since 1950.
”Similarly, the ‘honour’ killing of young couples of different castes by their kith and kin shows how casteist we still are,” the paper said.
This, it pointed out, was notwithstanding the fact that things had ”totally changed” insofar as caste was no longer a decisive factor in how a person makes a living.
”The son of a badhai (carpenter) now does not become badhai, he comes to the city and becomes an electrician or motor mechanic, or having acquired education, he becomes a clerk, or a lawyer, engineer, doctor.”
Division of labour now ”has to be on the basis of technical skills. A factory recognises no caste or religion but only efficient production based on technology.”
The judge saw similarity between the Indian caste system and the division of labour in feudal Europe.
”The same thing happened in Europe, too, up to the feudal age. Even today many Englishmen have surnames like Taylor, Smith, Carpenter, Potter, Gardener, Barber… which indicates that their forefathers belonged to these professions.”
Noting that in India, too, individuals were no longer confined to pursuing ancestral vocations, Justice Katju said ”this has largely destroyed the economic foundation of the caste system.”
But he warned that ”the caste system is being deliberately fostered and sustained socially by certain vested interests for vote bank politics.”
Experts say caste polarisation is more pronounced around election time.
A government-appointed commission headed by former Chief Justice M N Venkatachaliah recommended mandatory punishment for anyone — including candidates — fomenting caste or communal hatred during elections.
”Any election campaigning on the basis of caste or religion and any attempt to spread caste and communal hatred during elections should be punishable with mandatory imprisonment,” it said.
But experts and activists say record of such prosecution even under existing laws is thin.
National Minorities Commission Chairman Tarlochan Singh placed the blame on political parties which even pick candidates on such considerations.
National Commission for Scheduled Castes and Scheduled Tribes Chairman Bizay Sonkar Shastri said casteism was not ‘officially’ a factor in such considerations, but its role needed to be determined.
The trouble in India, critics say, is that laws and the legal system are not effective.
Justice Katju said underdeveloped countries such as India were going through a transitional stage– from feudal, agricultural society to a modern, industrial society, which ”is a very painful and agonising period.”
England went through such transition during the 16th-18th centuries and France during the 18th-19th centuries– periods ”full of turbulence, turmoil, revolutions, intellectual ferment. Only after going through this fire… modern society emerged in Europe.
”India is presently going through this fire… Our national aim must therefore be to get over this transitional period as quickly as possible, reducing the agony, which to some extent is inevitable in this period.
It said justice in such context meant creating a social order in which every human gets a decent life– a process in which the judiciary could play a supportive role by upholding the Constitution in its true spirit, giving it teeth and content, rather than limiting itself to deciding disputes.
It stressed a ”powerful cultural struggle” to combat feudal and backward ideas such as casteism and communalism. ”The Indian judiciary, too, must contribute to the progress of the nation and to our goal of creating India as a strong, modern, Industrial State.
It asked the judiciary to strike backward, feudal laws, customs and practices violative of Article 14 — Equality Before Law — and Article 21 — Life and Personal Liberty and uphold political rights and civil liberties inscribed in Part III of the Constitution.
It also suggested encouraging business and industry — rapid industrialisation can create jobs and wealth for people — and ensuring that the State looks after the people’s welfare in providing food, water and employment.
Justice Katju said freedoms of speech, expression, travel and trade guaranteed by the Constitution were meaningless for someone hungry or unemployed or with no money for those pursuits.
He recalled sarcasm levelled in the 19th century by an English Judge at his country’s judicial system. In Justice Darling’s words: ”The law-courts of England are open to all men like the doors of the Ritz Hotel.”
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‘Supreme’ Audit– ‘Shutting Stable Door After Steed Is Stolen!’ – By Mukesh Jhangiani

                                                                                                  June 23, 2002

 

 

Snapshot from Audit Document of Comptroller an...

Snapshot from an Audit Document: Of 1209 paras CAG submitted in 1997-98, PAC discussed only 16 (Photo: Wikipedia)

‘Supreme’ Audit– ‘Shutting Stable Door After Steed Is Stolen!’

 By Mukesh Jhangiani
United News of India

New Delhi (UNI) – India’s Comptroller and Auditor General (CAG) has acknowledged at least two instances in which Parliamentary recommendations arising from its findings have gone unheeded for 25 years, suggesting that the country’s ”supreme” audit system is not as effective as it should be.

   Both instances pertain to the University Grants Commission– its ”inequitable” distribution of grants between Central and State Universities and its failure to produce ”utilisation certificates” for Rs 511.37 crore grants made between 1958-59 and 1988-89.

   The Public Accounts Committee of Parliament had recommended steps to mend each situation, but, according to a CAG report, the steps were not implemented in either case. Here are excerpts of the report:

   ”During 1969-70 to 1975-76 the share of development grant of Central and Deemed Universities was 41 per cent against 59 per cent of State Universities.

   ”(The) PAC in its seventy third report (Sixth Lok Sabha) while disapproving the inequitable distribution of grants had directed (the) UGC to play a positive role in creating conditions to enable the State Universities and Colleges to take advantage of the facilities of development grant.

   ”Despite this inequity in the disbursement of development grant, it increased constantly since then and during 1992-93 to 1999-2000 the share of 15 Central Universities alone stood at 53.43 per cent as against 46.57 per cent of 212 Deemed and State Universities.

   ”Thus, (the) UGC failed to take effective measures to eliminate disproportionate disbursement of grants, despite the recommendations of (the) PAC 25 years ago…

   ”As many as 50,877 utilisation certificates (UCs) involving Rs 511.37 crore pertaining to the period 1958-59 to 1988-89 were outstanding as on 31 March 1999. (The) UGC failed to provide updated information as the details are yet to be compiled.

   ”On the basis of recommendations of (the) PAC in its 73rd Report(Sixth Lok Sabha) it was decided to constitute peripatetic parties for on the spot liquidation of outstanding utilisation. However, no peripatetic party was constituted as of July 2000.”

   The CAG’s report did not name the officials responsible for the failure nor did it explain how or why the situation was allowed to remain unsorted for so many years.

   Dr Bhimrao Ramji Ambedkar, one of the authors of India’s constitution, thought of CAG as ”the one man who is going to see that the expenses voted by Parliament are not exceeded, or varied from what has been laid down by Parliament in what is called appropriation Act.” He held the CAG’s duties to be ”far more important than the duties of the Judiciary”.

   The incumbent CAG, Vijayendra Nath Kaul, is an Indian Administrative Service officer appointed to the post three months ago by President K R Narayanan, to whom he reports. According to official documents, the CAG, as head of the Indian Audits and Accounts Department, is assisted by about 60,000 employees in over 90 offices across the nation. The Department has a Rs 846 crore budget– bulk of it spent on staff pay and allowances.

   The CAG’s reports on the accounts of the Union submitted to the President are laid before each House of Parliament, and those on the States submitted to the respective Governor are laid before the legislature.

   They contain objections and remarks over errors committed by government authorities in spending money– specifying non-spending, under-spending, overspending and misspending of allocated funds.

   In Parliament, they are routed either to the Public Accounts Committee (PAC)– which scrutinises sections on central ministries, departments and offices– or the Committee on Public Undertakings(COPU)– which goes over sections on central public sector undertakings (PSUs).

   Representatives from the ministries and departments appear before the Committees when matters relating to them are taken up to answer questions raised by members on the basis of the report of the CAG, who is present during the hearings.

   The Committees’ conclusions and recommendations are presented to Parliament and the Ministries concerned required to file action taken reports.

   A PAC official said matters reported by the CAG are usually gone into, the process sometimes involving more than one Action Taken reports.

   As to the system countenancing a lapse of 25 years just to find that steps recommended by the PAC were not acted upon, the official appeared surprised by the allusion to the observation made in the CAG’s report.

   But Chhattrapal Singh, a Lok Sabha Member who has been in the PAC four years in a row, said such occurences owed to the non-binding nature of its recommendations. ”That’s the lacuna in the Parliamentary system. It must be remedied by making the recommendations of the PAC mandatory.”

   A Bharatiya Janata Party Member from Uttar Pradesh, Singh said, ”To allow a choice in whether or not to implement recommendations after two eminent bodies– the CAG and the PAC– have gone into a matter raises questions about our earnestness to end corruption and improve administration.”

   Critics say such audit exercises mean little unless those responsible are brought to book– something over which India’s CAG is powerless. Critics say all that constitutional authority and elaborate auditing machinery notwithstanding there are several weaknesses in the system. And the situation is no different in the States.

   In countries such as  Germany, Japan, China, France and New Zealand auditing officers have powers to summon erring officials and make them pay from their own pockets for losses caused by them to the State. In some serious cases the erring official is imprisoned after institution of criminal proceedings in a court of law.

   In India, a group of Government appointed experts recently pointed to the fact that the CAG does not even have the power to summon government officials who commit irregularities to ask them to explain their decisions– let alone make them pay for the loss caused or punish those stealing public funds.

   Stressing that a primary audit function is to see that provisions of law, rules and regulation are properly applied in incurring expenditure or collecting revenue, experts reported that ”while audit notices systematic violation of law, rules and regulations by departmental officers it is unable to take an effective action to prevent them.”

   They cited the Bihar fodder scam. ”Serious financial irregularities and misappropriation of government funds were being committed by senior government functionaries and the Treasury officials all acting together in collusion.

   ”The Accountant General (AG) Bihar could not detect the irregularity in time as Treasury officers suppressed the vouchers through which money was drawn and did not transmit them to AG thus preventing its audit.

   ”(The) CAG has been making mention of excess drawal over voted provision in its Audit Report presented to Bihar Legislature but Public Accounts Committee, it is said, did not even me(e)t to discuss the report leave apart take preventive action.

   ”After the scam became public knowledge, (the) CAG has produced a well documented Audit Report but it is more a case of getting wise after the event– after crores in public money has been looted and shutting the stable door after the steed has been stolen.”

   The experts noted that the PAC’s functions included examining the Government explanation for extra expenditure and presenting a report to the legislature recommending regularisation– a necessity as all government expenditure must have the sanction of the legislature.

   But the group reported that ”In many States, (the) PAC’s have not been able to discharge even the  Constitutional obligation of regularising ‘excess expenditure’ over budgetary grants.”

   It cited how Rs. 94,314 crore excess expenditure was not regularised as of 1999– Rs 22,767 crore in Jammu and Kashmir, 13,618 crore in Uttar Pradesh, Rs 12,569 crore in Assam and Rs 6,059 crore in Bihar.

   ”Thus in almost all the States huge amount of public money has been spent  in violation of budgetary control envisaged in the Constitution and fraught with the risk of misappropriation of public money,” the group noted.

   The situation has arisen because no time limit is set for regularisation, experts said. ”There is no time limit prescribed for placing Appropriation Accounts certified by the CAG in Parliament or State Legislature and the regularisation of excess expenditure over voted grants by the PAC.”

   At the Central level, the Parliamentary PAC and COPU have not been able to examine all audit reports submitted by the CAG.

   In 1997-98, for instance, of 16 reports containing 1209 paras submitted by the CAG, the PAC selected 76 paras for review but was able to discuss only 16 of them.

   The implication: these committees are able to examine only a tiny fraction of the contents of the CAG’s multi-volume reports, ”which defeats the very purpose of parliamentary financial control and the accountability of Executive which Parliament is required to enforce”.

   But a senior official aiding the PAC said that even the CAG paras that are not ticked for detailed attention or examination are circulated to the departments concerned for their Action Taken Notes. The PAC, taking ”serious note of the prevailing laxity and the formalistic ritual with which the ATNs on the non-selected paras are generally furnished,” has decided to examine all ATNs, the official said.

   He cited the CAG’s unselected para on the purchase of a Rs 1.42 crore house for India’s Consulate General at Frankfurt that came with  a ”heated indoor swimming pool with a sauna bath cabin and a separate shower room”. The problem: Recurring pool maintenance costs. The outcome: The Mission was ”instructed to exercise restraint to meet any unnecessary expenditure on the maintenance of the swimming pool”.

   The experts’ group suggested need to empower Audit Officers to pursue their findings by summoning the officers concerned for evidence on oath and, where default is established, taking steps for recovery of loss or disciplinary action under the Civil Services Conduct Rule or initiation of criminal action under the Penal code in cases involving criminal liability.

   For that matter, experts noted that the CAG itself is dependent upon public funds for functioning and therefore must be held accountable to Parliament for its spending decisions.

   In countries such as Britain and Australia, independent auditors audit CAG accounts and a Parliamentary committee oversees their work.

   But in India, there is no external audit of the accounts of the CAG’s office, proclaimed as India’s ”Supreme Audit Institution”.

The CAG nominates one of the Accountants General under him as an auditor for the CAG’s office. Experts believe that the accounts of the CAG must also be scrutinised independently.

   ”The operations of the office of the CAG itself should be subject to scrutiny by an independent body. To fulfil the canons of accountability, a system of external audit of CAG’s organisation should be adopted for both the Union and the State level organisations,” the expert report said.

   UNI MJ YJ HS1011