Preliminary Objections
A.1 The Petitioner is not a DISCOM as provided under the Delhi Electricity Reforms Act 2000 read with Rules notified vide notification no. F.11(99)/2001-Power/2867 dated 20thNovember 2001 on the grounds appearing herein below:-
(i) Rule 2 (d): Date of Transfer – "date of transfer' means the date to be notified by the Government as the effective date of transfer to the successor entities in accordance with these rules of such of the undertakings, assets, liabilities, proceedings or personnel as may be specified in the notification published in the official gazette
(ii) Rule 2(e) : "DISCOM 1" means "Central –East Delhi Electricity Distribution Company Ltd" a company incorporated under the Companies Act 1956 with principal object of engaging in the business of distribution and supply in the areas specified in Part 1 of the schedule "H" of the Central & East Delhi Electricity Distribution Company Ltd";
(iii) Rule 2 (f) :"DISCOM 2" - means South –West Delhi Electricity Distribution Company Limited" a company incorporated under the Companies Act 1956 with principal object of engaging in the business of distribution and supply in the areas specified in Part 1 of the schedule "H" of the South and West Delhi Electricity Distribution Company Limited"
(iv) Rule 2(g) – DISCOM 3 : means "North North-West Delhi Distribution Company Ltd., a company incorporated under the Companies Act 1956 with principal object of engaging in the business of distribution and supply in the areas specified in Part 1 of the schedule "H" of North North-West Delhi Distribution Company Ltd.
(v) DISCOMS mean and include DSICOM 1, DISCOM 2 and DISCOM 3 collectively.
A.2 The aforesaid notification prescribes procedure for transfer of employees and assets. Further the DISCOMS 1, 2 and 3 were to be notified as joint Ventures by the GNCT of Delhi. In view of the fact that till date so called DISCOMS are only companies registered under Companies Act and no joint venture having been formed and notified the submission of ARR is w2ithout authority of Law as such the Hon'ble Commission cannot take cognizance of the ARR filed by the Companies and entertain the same. Theses submissions are based on the provisions of the Delhi Electricity Reforms Act 2001 (Act) and regulations. For better appreciations of the facts, the texts of relevant Sections are reproduced as under:-
2(d) - Government means Lieutenant Governor of NCT of Delhi appointed by President under Article- 239.
14(1) The Government may, as soon as may be after the commencement of this Act, cause one or more companies to be incorporated and set up under the provisions of the Companies Act, 1956 for the purpose of generation, transmission or distribution of electricity, including companies engaged in more than one of the said activities, in the National Capital Territory of Delhi and may transfer the existing generating stations or the transmission system or distribution system or any part of the transmission system or distribution system, to such company or companies.
14(3) The companies incorporated and set up under sub-section (1) shall under take the functions specified in this section and such other functions as may be assigned to them by the Government.
14(6) The Government may convert the companies set up under this Act to joint venture companies through a process of disinvestments, in accordance with the transfer scheme prepared under the provisions of this Act.
"Sec. 16 of the Act, 2000 - Provisions relation to personnel: - (1) The Government may by a transfer scheme provide for the transfer of the personnel from the Board to a Company or Companies established as the case may be, under section 14 and distribution companies (herein after referred to as "transferee company or companies")on the vesting of properties, rights and liabilities in a Company or Companies established as the case may be, under section 14 or the distribution companies. Therefore, the position can be summed up as under:-
As per Sub-Section 2(r) of section 2 of Transfer scheme 2001- Transferee "means the GENCO, TRANSCO, DISCOMS and PPCL.
As per Sub-Section 2(e,f,g,h) of Section 2 of Transfer Scheme 2001- DISCOMS" means and includes DISCOM-1, DISCOM-2 and DISCOM-3 collectively. DISCOM-1 means The Central-East Delhi Electricity Distribution Company Limited, DISCOM-2 means South-West Delhi Distribution Electricity Company Limited and DISCOM-3 means North North-West Delhi Distribution Company Limited.
As per transfer scheme clause 2(d) "Date of the Transfer" means the date to be notified by the Government as the effective date of transfer to the successor entities in accordance with these rules of such of the undertakings, assets, liabilities, proceedings or personnel as may be specified in the notification published in the Official Gazette;.
A.3 It is a matter of record that till date the conversion of DISCOMS to Joint Venture Companies namely BYPL, BRPL & NDPL have not been approved and notified by Government, the Government means Lieutenant Governor of NCT of Delhi in terms of section 2(d) of Act which has already been highlighted in CAG and PAC reports. In view of foregoing discussions, the following position emerges :-
- BYPL, BRPL and NDPL cannot be named as Joint Venture companies in accordance with 14(6) section of Act as no approval obtained from Lt. Governor and can not under take the function as prescribed under section 14(3). As per record of ROC, the BYPL, BRPL and NDPL are registered as Government Companies under the provision of Companies Act, 1956.
- BYPL, BRPL and NDPL as Joint Venture companies cannot be termed as "transferee companies" for the purpose of transfer of DVB assets and employees under section 15 &16 of Act. Even till date effective date of transferor of assets and personnel of erstwhile DVB to Joint Venture companies namely BYPL, BRPL and NDPL has not been notified.
A.4 Therefore, in view of the aforesaid it is not open for the Hon'ble Commission to accept ARR as they lack locus standi. Therefore, in view of the aforesaid the Hon'ble Commission may please reject the ARR filed by unauthorized entity which is in violation of the provisions of the Act. The Apex Court in the case of Union of India vs. Wood Papers Ltd 1990 (47) E.L.T. 500 (S.C.) has held that
"Liberal and strict construction of an exemption provision are to be invoked at different stages of interpreting it. When the question is whether a subject falls in the notification or in the exemption clause then it being in nature of exception is to be construed strictly and against the subject but once ambiguity or doubt about applicability is lifted and the subject falls in the notification then full play has to be given to it and it calls for a wider and liberal construction. A notification has to be read in its entirety and construed as a whole. But a construction which results in inequitable results and is incongruous is to be avoided."
A.5 Since the DISCOMS do not satisfy the basic condition of being a notified Joint Venture, it is not open for the Hon'ble Commission to take a liberal view and admit the Petition filed by the DISCOMS, entertain the same and fix tariff thereafter. Therefore, the Petition filed by the DISCOMS may be summarily rejected.
B.1 CARTELISATION: It is respectfully submitted that once we go through the Petitions filed by the BRPL and BYPL, it can be easily observed that both the Petitions have been drafted and finalized by the same person as common /identical submissions have been made by both the DISCOMS except for change of tables depending on the requirement. Therefore, this is a classic case of cartelization and hence leading to monopolistic practices thus is diametrically opposite to the basic intent and purpose of the Reform process that advocates competition and open access. In view of
C.1 Non disclosure of other businesses: The Petitioner has not disclosed its other businesses that are being promoted by them in by using the assets and properties being held in trust. The first step taken by the BRPL is to disconnect all MTNL phones and subscribe to reliance connections with twin purposes i.e. first that the business of Reliance Telecom would be promoted and secondly the consumer cannot reach the enquiry and find out the telephone numbers of the responsible officers.
Further, some of the flats of erstwhile DVB have either been converted into Guest Houses or have been rented out by the DISCOM and are being used by the Officers of Reliance Group, which is not permitted. Thirdly in some of the sub stations the Reliance Communication towers have been installed so as to facilitate better connectivity by of Reliance Network. We are reproducing details of some of which in the following table:-
Sr.No Location Occupant Organisation
1. 23-A Hemkunt Colony Dr. Meena Khera MCD
2. S/Stn. Flt No.(s) 3 & 4 Guest House BSES
3. East of Kailash opp. B-142Mr. Sumesh Tangri DGM Transco
4. Maharani Bagh Near E-6 Guest House BSES
5. Giri Nagar Sub Station F. No. 2 Mr. V.K.MalikFitter Transco
6. MIG Saket – T/FloorGeneral Pool- Mange Ram NCT of Delhi
7. S/Stn Flt No. 2, Sec.1 Pushp Vihar DERC NCT of Delhi
8. S/Stn, Flat No. 4 Lodi RoadCommandant CISF
9. S/Stn, Flt No. 10, Sec.4 Pushp Vihar BYPL
10. C-5, Safdarjang Dev Area Sh. Rajiv Verma, IASNCT Delhi
11. Sec.2 R K Puram Naveen Jain Manager Civil (Genco)
12. S/Stn Flt No. 1, Sec.5 RKP Mr. Abhijit Sarkar PS to Power Minister
13. S/Stn Flat No.1, Sec 12 R K Puram K.R.Meena, IAS NCT of Delhi
14. A Block , Vasant Vihar Guest House
15. S/Stn Flat No.3, Lodi Road CISF Office
16. A-9, New Friends Colony Bachelor Accommodation Rented out
17. C-52A, New Friends Colony Rajinder Kumar TRANSCO
18. S/Stn. Flt No.2, Sec 12 RKP Kanak Raj, Med Off TRANSCO
This is just a representative sample of the misuse of assets of the erstwhile DVB and may be tip of ice berg. Once investigated properly, we are sure it would open Pandora 's Box.
The aforesaid activities are not permitted and the DISCOM is not supposed to indulge in any of the aforesaid activities. The DISCOMS have violated conditions of the agreement and the Act. Further, the DISCOM has failed to report the income earned out of such arrangement in the ARR. Since this is a material Breach of the conditions and concealment the ARR may please be dismissed summarily on this ground alone.
D. Non disclosure of issues before the Electricity Appellate Tribunal:-
The Hon'ble Commission has filed counter affidavit before the Appellate Tribunal wherein it has been submitted that the DISCOM has not only fudged the records but also purchased materials from sister concerns at inflated rates. No disclosure has been made by both the DISCOM as well as by the Hon'ble Commission in this regard. Further, since the subject matter is pending before the Appellate Tribunal, no disclosure has been made about the issues pending before the Tribunal. Since the Tariff determination order has been challenged before the Tribunal for last year on certain grounds and the tariff determination order has not been stayed by the Tribunal, it is not open for the Hon'ble Commission to consider such claims in the ARR particularly when serious allegations of fudging records and purchases at inflated rate are involved. Therefore, before proceeding with the determination the Hon'ble Commission should place the facts before the Consumers and the impact the consumers shall have to bear by way of increase in tariff.
E. Submissions on Admission Order passed by the Commission
E.1 Preliminary submissions:-
Before proceeding further in the matter it would be appropriate to refer to the National Electricity Policy relevant text of which is reproduced as under:-
The aims and objectives of the NEP are as under:
1. Access to electricity –available to all households in next five years;
2. Availability of power – Demand to be fully met by 2012. Energy and peaking shortages to be overcome and adequate spinning available;
3. Supply of Reliable and Quality power of specified standards in an efficient manner and at reasonable rates;
4. Per capita availability of electricity to be increased to over 1000 units by 2012
5. Minimum lifeline consumption of 1 unit/household/day as a merit good by year 2012
6. Financial turn around and commercial viability of Electricity Sector
7. Protection of Consumer's interest.
D.2 Our Observations: It has been our experience that the objective of supply of reliable and quality power of specified standards in an efficient manner and at reasonable rate has been thrown to winds by the DISCOMS. Further, the Commission is under an obligation to protect the interests of the consumers but unfortunately the facts speak otherwise as is borne out from the following facts:
(i) Purchases by the DISCOMS at inflated rates from sister/associate concerns;
(ii) Supply of sub-standard quality of power by not maintaining the power factor and voltage;
(iii) Unreasonably high T & D Losses which are nothing but Dishonest Abstraction of Energy in the pockets patronized by the Vote Bank hungry politicians;
(iv) Booking of frivolous cases against the honest consumers
(v) Resorting to arm twisting and installation of sub-standard Electronic meters.
F. Submissions on other issues:
F.1 Power Procurement: It appears that the Hon'ble Commission by stating that the DISCOMS are purchasing power at a higher price due to increase in consumption during peak hour has completely ignored the fact first and foremost requirement is to justify such an increase and in view of the economic slow down when the power consumption has gone down substantially. It appears while taking up this issue it appears that the Hon'ble Commission has completely ignored the details of Power Purchase Cost submitted by the DISCOM in table 37 at page No. 86 of ARR which are reproduced as under:-
FY 08FY 09FY 10
2.492.562.79
F.2 Average Billing rate: The DISCOM has stated average billing rate in Table 23 of ARR which is reproduced as under:-
FY 08FY 09FY 10
4.514.564.56
F.3. Distribution Losses: Further the DISCOM has submitted in table No. 22 has submitted details of Distribution losses gist of which is as under:-
FY 08- ActualFY 09FY 10
30.89%22.88%19.83%
F.4 Submissions: In view of the aforesaid facts and abnormally high Distribution losses it is not open for the Hon'ble Commission to project additional requirement and recommend Time differential tariff with a view to unjustifiably enrich the DISCOM that without explaining the steps taken either by the DISCOM or by the Hon'ble Commission in compliance of the Paras 5.4 and 5.5 of the National Electricity Policy dealing with Distribution and Recovery of Cost of Services and targeted subsidies respectively . The abnormally high distribution losses are nothing but:-
(a) Inefficiency on the part of the DISCOM;
(b) Theft either by active connivance of DISCOM staff or with tacit approval of DISCOM with a view to protect political vote banks. Therefore, the DISCOMS are liable for action under Section 150 of the Electricity Act 2003 (hereinafter referred to as the Act) on account of abetment while permitting theft of electricity punishable under section 135 of
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Saturday, July 4, 2009
Global Warming - Pollution - Myth & Realities
The Ghost of Global Warming is haunting every citizen and the Media is consistently drawing attention of all those who matter. But so far the ground realities are concerned both the State Governments and the Central continue to abuse the nature left right and center. During sixties in India it was a case of nature against mankind as we as a Nation had to face furry of floods, draughts and natural calamities that aggravated poverty, hunger. Now it is a case of mankind against Nature.
Today’s Planners i.e. Babus plan massive projects while sitting in Air Conditioned Chambers based on DATA that is invariably outdated and cannot be relied upon. The reasons for such a blunder are that the DATA picked up at the time idea is conceived it is already almost three years old. By the time the plan is prepared the DATA becomes six years old and by the time the plan reaches drawing boards it is older by 9 years and when the actual execution starts the same is aged about 15 years.
It is shameful that both the Apex Court and Central Government are at logger heads on the issue of the powers to protect the forest areas between the Central Empowered Committee (CEC) constituted by the Apex Court and Forest Advisory Committee (FAC) constituted by the Central Government under the Ministry of Environment & Forests. The media has reported very recently that FAC had accorded approvals to many ill conceived projects in the Forest Areas without application of mind. It may also be worth while to note here that despite presence of Supreme Court Monitoring Committee in Dehradun Mussoorie Valley massive deforestation has taken place and forests continue to be erased. It is matter of record that the Apex Court had ignored the recommendations of CEC regarding protection of Forests in the Capital City of Delhi that too in an area that was mandated to be protected under Master Plan of Delhi and squarely covered under the Judgment of Apex Court itself.
All said and done our efforts seems to have lost the track and we continue to deplete the Green Cover without application of mind. One such classic example is missing Public Transport Policy at National Level. The last Public Transport Policy was prepared some where in 1977 and thereafter till date no efforts have been made to prepare policy on Surface Transport at National Level except in 2006 when Draft National Policy on Public Transport has been prepared but without will to implement.
It appears that the lack of will has percolated down from the Apex Planning Body of the Country i.e. National Planning Commission. If we read the Transport Policy of 10th Planning Commission Report one would find that the Plan has been prepared for Civil Aviation, Railways and Shipping. The only reference to the Surface Transport is profitability and operations of State Transport Undertakings.
As a consequence to the myopic planning we find Marutas – Bullock Carts fitted with Diesel Engines ferrying in many parts of Uttar Pradesh, Punjab and Haryana. One can spot cycle rickshaws fitted with scooters on many roads of almost most of the cities of the country. Needless to say that all the so called improvised vehicle ply on roads without insurance, registration and do not pay any tax. Only GOD can save the victims if any of such vehicle is involved in accident no steps have been taken by the Governments to curb use of such vehicles that are dangerous not only for other road users but also pollute the environment.
In absence of National Policy on Public Transport the Public Transport systems within and Intercity have virtually collapsed. No one seems to be bothered about ever growing number of personal vehicles on the roads leading to multiple problems impact of which has not been even assessed and analysed till date. The missing Public Transport is one of the major contributors towards Global warming some of which are as under:-
1. Over crowding of roads
2. Increase in congestion on City/ Inter City roads;
3. Grossly inadequate parking space;
4. In turn multiplies congestion on roads and traffic Islands;
5. Traffic snarls and blockades- increase in fuel emissions- Our survey conducted on 20 such intersections revealed that annually fuel worth Rs. 24 Crores and man hours worth Rs. 1300 Crores go up in smoke. The number of such intersections in the City of Delhi has increased manifold due to construction of Flyovers on the City Roads as well as Highways- Classic Example – Express Highway on NH-8
6. Increase in Pollution due to emissions at traffic congested intersections and Roads;
7. Increase in fuel import bill and foreign exchange outgo;
8. Necessitates Road widening;
9. Depletion of Green cover- The photographs on NH 8 prove this point –Wherever flyover are under construction- Smalkha, Panipat- Haryana, Zirakpur – Punjab. The Roads after Karnal in Haryana have dense population of trees on the both sides of the road. The moment you enter this area the temperature needle on the Dash Board drops. The cause of concern is that the way NH-1 is being widened these trees would disappear as has happened in Ambala Cantt where massive fly over has come up. It may be noted that the trees could have been protected by following Karnal Bye pass where the vehicles heading for Ambala use the central roads and City Bound vehicles use the service roads. There was no need of huge capital investment and criminal wastage of State Exchequer and massive deforestation. What all was required a bit of planning and application of mind.
10. Increase in temperature- The need air conditioned cars, Air Conditioners and Coolers at home;
11. Increase in power demand that’s already short in supply;
12. Generation of more power – increase in coal consumption.
No one seems to be bothered about the quality of Fuel produced and sold at Petrol Pumps. Adulteration of Petrol, Diesel seems to be most profitable business. Who cares so long as corrupt continue to make money. The Politicians and Bureaucrats are bothered about wide roads to increase the speed and it hardly matters that the roads are without trees.
If we go around the Country we find that in order to accommodate the ever growing need of space to accommodate ever increasing number of personal vehicles massive deforestation has taken place whether it is Mumbai – Pune Expressway or NH-1 or NH-8. Even accredited NGO without any credible studies and analysis continue to blame the Diesel vehicles responsible for pollution little realizing that world over the Diesel is being used as one of the fuels for public transport.. During my five days stay at Istanbul – with a population almost equal to Delhi, I did not find even a single vehicle on the roads emitting smoke. Even the number of petrol pumps is much less than we have at Delhi. The only reason is that quality of Fuel and vehicles is ensured.
We claim that the only city in the World has entire bus fleet operating on Cleanest Fuel is the City of Delhi. We don’t assess the damage to the environment caused by the long queues of vehicles waiting for their turn at such filling stations located on the main City Roads due to congestion on roads. Even the suggestions to the State Government to change the filling timings from peak hours to non peak hours did not find favour. Who cares? Because as and when Bureaucrats, Politicians, Judges or Senior Police Officers pass through particular area their vehicles find smooth traffic as the Traffic cops manage to give them smooth rides.
It is the common citizens who breaths pollution and bears the brunt. The lax attitude of the Ministry of Environment & Forest is clear from the fact that the Ministry of Environment & Forest has issued a White Paper on Pollution in the City of Delhi still the position continues to go from bad to worse.
Today’s Planners i.e. Babus plan massive projects while sitting in Air Conditioned Chambers based on DATA that is invariably outdated and cannot be relied upon. The reasons for such a blunder are that the DATA picked up at the time idea is conceived it is already almost three years old. By the time the plan is prepared the DATA becomes six years old and by the time the plan reaches drawing boards it is older by 9 years and when the actual execution starts the same is aged about 15 years.
It is shameful that both the Apex Court and Central Government are at logger heads on the issue of the powers to protect the forest areas between the Central Empowered Committee (CEC) constituted by the Apex Court and Forest Advisory Committee (FAC) constituted by the Central Government under the Ministry of Environment & Forests. The media has reported very recently that FAC had accorded approvals to many ill conceived projects in the Forest Areas without application of mind. It may also be worth while to note here that despite presence of Supreme Court Monitoring Committee in Dehradun Mussoorie Valley massive deforestation has taken place and forests continue to be erased. It is matter of record that the Apex Court had ignored the recommendations of CEC regarding protection of Forests in the Capital City of Delhi that too in an area that was mandated to be protected under Master Plan of Delhi and squarely covered under the Judgment of Apex Court itself.
All said and done our efforts seems to have lost the track and we continue to deplete the Green Cover without application of mind. One such classic example is missing Public Transport Policy at National Level. The last Public Transport Policy was prepared some where in 1977 and thereafter till date no efforts have been made to prepare policy on Surface Transport at National Level except in 2006 when Draft National Policy on Public Transport has been prepared but without will to implement.
It appears that the lack of will has percolated down from the Apex Planning Body of the Country i.e. National Planning Commission. If we read the Transport Policy of 10th Planning Commission Report one would find that the Plan has been prepared for Civil Aviation, Railways and Shipping. The only reference to the Surface Transport is profitability and operations of State Transport Undertakings.
As a consequence to the myopic planning we find Marutas – Bullock Carts fitted with Diesel Engines ferrying in many parts of Uttar Pradesh, Punjab and Haryana. One can spot cycle rickshaws fitted with scooters on many roads of almost most of the cities of the country. Needless to say that all the so called improvised vehicle ply on roads without insurance, registration and do not pay any tax. Only GOD can save the victims if any of such vehicle is involved in accident no steps have been taken by the Governments to curb use of such vehicles that are dangerous not only for other road users but also pollute the environment.
In absence of National Policy on Public Transport the Public Transport systems within and Intercity have virtually collapsed. No one seems to be bothered about ever growing number of personal vehicles on the roads leading to multiple problems impact of which has not been even assessed and analysed till date. The missing Public Transport is one of the major contributors towards Global warming some of which are as under:-
1. Over crowding of roads
2. Increase in congestion on City/ Inter City roads;
3. Grossly inadequate parking space;
4. In turn multiplies congestion on roads and traffic Islands;
5. Traffic snarls and blockades- increase in fuel emissions- Our survey conducted on 20 such intersections revealed that annually fuel worth Rs. 24 Crores and man hours worth Rs. 1300 Crores go up in smoke. The number of such intersections in the City of Delhi has increased manifold due to construction of Flyovers on the City Roads as well as Highways- Classic Example – Express Highway on NH-8
6. Increase in Pollution due to emissions at traffic congested intersections and Roads;
7. Increase in fuel import bill and foreign exchange outgo;
8. Necessitates Road widening;
9. Depletion of Green cover- The photographs on NH 8 prove this point –Wherever flyover are under construction- Smalkha, Panipat- Haryana, Zirakpur – Punjab. The Roads after Karnal in Haryana have dense population of trees on the both sides of the road. The moment you enter this area the temperature needle on the Dash Board drops. The cause of concern is that the way NH-1 is being widened these trees would disappear as has happened in Ambala Cantt where massive fly over has come up. It may be noted that the trees could have been protected by following Karnal Bye pass where the vehicles heading for Ambala use the central roads and City Bound vehicles use the service roads. There was no need of huge capital investment and criminal wastage of State Exchequer and massive deforestation. What all was required a bit of planning and application of mind.
10. Increase in temperature- The need air conditioned cars, Air Conditioners and Coolers at home;
11. Increase in power demand that’s already short in supply;
12. Generation of more power – increase in coal consumption.
No one seems to be bothered about the quality of Fuel produced and sold at Petrol Pumps. Adulteration of Petrol, Diesel seems to be most profitable business. Who cares so long as corrupt continue to make money. The Politicians and Bureaucrats are bothered about wide roads to increase the speed and it hardly matters that the roads are without trees.
If we go around the Country we find that in order to accommodate the ever growing need of space to accommodate ever increasing number of personal vehicles massive deforestation has taken place whether it is Mumbai – Pune Expressway or NH-1 or NH-8. Even accredited NGO without any credible studies and analysis continue to blame the Diesel vehicles responsible for pollution little realizing that world over the Diesel is being used as one of the fuels for public transport.. During my five days stay at Istanbul – with a population almost equal to Delhi, I did not find even a single vehicle on the roads emitting smoke. Even the number of petrol pumps is much less than we have at Delhi. The only reason is that quality of Fuel and vehicles is ensured.
We claim that the only city in the World has entire bus fleet operating on Cleanest Fuel is the City of Delhi. We don’t assess the damage to the environment caused by the long queues of vehicles waiting for their turn at such filling stations located on the main City Roads due to congestion on roads. Even the suggestions to the State Government to change the filling timings from peak hours to non peak hours did not find favour. Who cares? Because as and when Bureaucrats, Politicians, Judges or Senior Police Officers pass through particular area their vehicles find smooth traffic as the Traffic cops manage to give them smooth rides.
It is the common citizens who breaths pollution and bears the brunt. The lax attitude of the Ministry of Environment & Forest is clear from the fact that the Ministry of Environment & Forest has issued a White Paper on Pollution in the City of Delhi still the position continues to go from bad to worse.
Corruption Law & Society
The summer vacation during our childhood days always held special charm for us. We eagerly looked forward to visit our grandparents at Averi, a village near Palampur in Himachal Pradesh for it presented an opportunity not only to escape scorching summer heat of the Punjab plains but also to meet all our cousins. Unrestricted play hours and unlimited access to fresh fruits from the grandpa’s orchard were two great attractions of those times but the true bonus came in the form of real life stories of the upright and ever toiling officers touching various aspects of the public life as narrated by the grandpa. These generated deep admiration for those walking tall and straight in the face of grave temptations.
During those days, the honest officers were respected and assigned responsible positions and the corrupt were considered as outcaste, never allowed to hold any sensitive position. Being honest used to be a matter of pride then. Even Politicians during those days enjoyed respect from one and all. But things are not the same any more. The values of life have undergone sea change and so has the mindset of the people. The honest are no more held in high esteem but are shunted to obscure places and assignments and looked down upon. The tormentors of the honest and upright officers find virtues in corrupt ones by tagging them as ‘performers’ and giving them plum assignments which help in personal enrichment of the both the benefactor and the beneficiary. The success and status of an individual is measured in terms of affluence. The austere lifestyle of the honest officers now invites snide remarks and ridicule.
I am personally aware of the fate of many honest officers who have paid the price for their uprightness and continued to suffer in silence. Politics has become a “profitable profession” for criminals. The unholy nexus that has formed between the politicians, bureaucrats and criminals over a period of time, is playing havoc with the social and moral fabric of our society. The common man has to suffer and pay the price of unabated moral, ethical and financial corruption.
At a time when the ramifications of failure of both the legislature and the Executive, in performance of their duties were felt on the public life, judiciary stepped in to stem the rot. There was a phase in public life when judiciary found itself duty-bound to intervene in almost every sphere of public life that was afflicted by the inaction or biased action of the legislature and executive whenever brought to its notice through what is commonly known as public interest litigation (PIL). The Apex Court accepted the concept of PIL by laying necessary guidelines in December 1988 under the leadership of the then Chief Justice of India Hon’ble Mr. Justice P. N. Bhagwati. The mechanism of PIL rendered remarkable service to the society and helped the common citizens, to raise issues of public importance before the Apex Court which not only hauled up the legislature and executive when found wanting in performance of their assigned duty but also provided relief to those who were affected by action or inaction of the authorities concerned.
The institution of PIL gradually lost its effectiveness basically for two reasons. Firstly, some unscrupulous elements started using this as a means of attaining personal benefits or for settling personal disputes in the guise of matter of public importance. Secondly, to overcome the consequences of the judgment of the Apex Court in PILs, the government started amending the relevant legal provisions retrospectively.
Unfortunately the era of judicial activism did not last for long and eventually gave in to judicial favoritism. This is evident from the fact that the same Apex Court which at one point in time advocated protection of the fundamental rights of the common citizens and propounded the principle of ’Polluter to Pay’ in the case of T. N. Godavarman Thirumalpad v. Union of India [WP (C) No. 202 of 1995] and formulated guidelines in the matters related to pollution in the case of M. C. Mehta v. Union of India [WP (C) No. 13029/1985], did not hesitate in permitting construction of shopping malls and residential complexes by the Army in forest area that was supposed to have been protected under its order dated 12 December 1996 in WP (C) No. 202/1995 with WP (C) No, 171/96, as a fait accompli. Does this mean that the persons violating law should go unpunished as every act of violation could be validated on the ground of fait accompli? The most shocking fact was that a senior lawyer appeared for both sides in this matter before the same bench headed by the then Chief Justice of India. The reputation of judiciary has been tainted and today even the judges are under scanner.
Earlier it was seldom that one used to talk about the rot in the judiciary as unscrupulous elements were considered to be an exception in this dignified profession and the system itself was robust enough to take care of this affliction. Now it is so common to read and hear the eminent names embroiled in different controversies.
The media stories about involvement of Session Judge J.W.Singh of Bombay, Former Judge Arun Madan of Rajsthan High Court, and Former Judge Shamit Mukherjee of Delhi High Court and involvement of few Judges from Karnataka High Court in Sex scam are still fresh in public memory. The media reports have enlightened citizens who are now aware of the controversy involving Mr. Justice V.K.Jain who has recently retired as Chief Justice of Punjab and Haryana High Court, where the Apex Court for reasons best known to themselves refused to part with the information about proceeding initiated against Justice Jain for judicial misconduct. Incidentally just before retiring Mr., Justice Jain kicked up another controversy by recommending names of few to be elevated to Bar. Further common citizens have not forgotten the controversy involving Mr. Justice Jagdish Bhalla of UP High Court now CJI of Himachal Pradesh, Justice S Ashok Kumar who has been transferred from Chennai High Court to Andhra Pradesh High Court. The Government’s denial to investigate the allegation against Mr. Justice Y.K.Sabharwal (Retd) Ex Chief Justice of India on the ground that there is no provision under the law is questionable. Once the retired judge does not enjoy any immunity then where is the question of immunity. He is also governed by the Article 14 of the Constitution as all are equal before law.
The issuance of warrants against President of India and the then Chief Justice of India by a lower Court in Gujarat is a matter the still haunts memory of many. The worst part was that the then Chief Justice of India Hon’ble Mr. Justice V.N.Khare, accepted in public media existence of the lawyer’s Judges nexus in lower Courts little realizing that the same nexus also exists in almost all the High Courts as well as the Apex Court itself.
I had the benefit of addressing His Excellency Dr. A.P.J Abdul Kalam on 21st April 2004, a day after most of the sitting judges of Punjab and Haryana High Court went on mass leave. His Excellency after going through my presentation expressed deep anguish. The issue assumed importance when His Excellency pressed for Judicial Accountability Bill which has been diluted to such an extent that it is impossible to punish any judge for his/her misconduct. One wonders when there are so many cases are pending before the Apex Court how the Hon’ble Judges would have time to hear the complaints against brother Judges. The recent incidents of cash at judge’s door step at Chandigarh and involvement of about 36 judges including sitting judge of Apex Court and some of the sitting Judges of Allahabad High Court and lower courts have further eroded the credibility and accountability of the Judicial system in India. Both the aforesaid incidents and the initiation of proceedings against Chief Justice of Kolkata High Court raise the serious doubts on selection process for appointment of the Judges of the High Court.
The Central Bureau of Investigation has been given green signal to investigate both the Ghaziabad PF Scam and Cash at Judges Door steps at Chandigarh. But the moot question is whether the Apex Investigating agency is equipped to handle the investigations in terms of the competence and the will? When the Agency itself is under cloud for conducting tardy investigations against politicians and a few murder cases, one can not expect the same agency to conduct fair and impartial investigations when Judges of Supreme Court and High Courts are involved.
Unfortunately the Apex Court has reiterated several times that laws enacted by Parliament have to be implemented. But once the issue of implementation of Right to Information Act 2005 is raised, the same Apex Court without any legal ground refuses to implement the same and claims immunity that it is not applicable on them. The fear being the Judiciary would be exposed. The worst is that the Department of Justice, Ministry of Home Affairs responsible for maintaining the details of appointment of the Judges, their salaries, expenses etc, refuses to part with the information about qualification of judges on the ground that it is maintained by the Apex Court.
The Apex Court in various judgments has reiterated that the justice delayed is the justice denied. Precious little has been done by the Judiciary in this regard. There are more than 2.5 crore cases pending before trial courts involving nearly 1.8 crore criminal cases as admitted by the CJI while hearing a PIL. The CJI further commented that ‘it is easy to delay criminal trials in India’.[2008 (229) ELT- A 192]
Even the Tribunals have been smitten by the “easy money” bug. The arrest of Income Tax Tribunal Member of Kolkata and dismissal of Mr. P.S.Bajaj, Member of Punjab VAT Appellate are the pointers towards the rot that has started surfacing in the Tribunals. The issues related to misconduct of some of the members of the Central Excise, Customs and Service Tax Appellate Tribunals continue to appear in various prominent law journals. I had the benefit of appearing before some of the State Commercial Sales/Commercial/VAT Appellate Tribunals and found that the position in some of the States is so bad that the slabs of “Suvidha Shulk” for granting relief had been fixed. No relief can be expected unless that amount is paid.
The question arises who is responsible for the rot that has set within the system? Being a part of the Committee on Judicial Accountability Campaign, I had the benefit of discussions with some of the senior members of the campaign. In my view the Judges are also part of the same society in which we have grown up. Many of them have been elevated from bar to the Bench. Therefore, the most important issue is whether as “Lawyers” we are discharging our duties towards society in a manner we are expected to? The Key Campaigners were uncomfortable in answering my questions. Let me share these questions with you and let us see whether we can find answers or not:-
a) How many Senior Lawyers practicing, take up the cases of the poor without charging fee for appearances before Lower Court/High Court/Supreme Court barring a few exceptions;
b) When some of the Senior lawyers charge waiting fee from the Clients in case the matter does not come up on Board, how can they claim that they are rendering services to the Society particularly when they have made themselves unaffordable to majority of the population;
c) How many lawyers have actually resisted the unfair demands from the Members of the Bench? This issue becomes important in view of cash at judge’s door steps.
d) How many lawyers knowing fully well that the Judge being selected is incompetent or corrupt have actually raised their voices?
e) How many times the Bar Associations have actually resisted appointment of an Additional Judge who is/was tainted? This assumes importance in view of the controversy involving Chief Justice of Kolkata High Court, who was involved in a fraud even before he was elevated to Bench.
The politicians and judicial luminaries both serving as well as retired have raised much of hue and cry about accountability of judiciary. The much touted 16 point Code of Conduct that was adopted in 199o has almost been forgotten.
One of the points in Code of Conduct by the judges is that the settled principle of law shall not be disturbed and the judges shall pass speaking judgments. How many actually follow the code pronounced in 1990 which is a difficult task instead how many flouts is the easiest one. For instance, The judgment and order in case of Sirpur Paper Mill case has unsettled the well established Principle of Law holding forte since 1963. The judgement and order in case of Laghu Udhyog Bharti in which case, the judgement was pronounced without dealing with the issue of constitutional validity of imposition of the Service Tax and the matter was decided in a manner opening flood gates of more litigation to follow for a number of years. The judgement and order in TC case No.9/90 in case of Modi Sugar Mills, though appears to follow settled principle of law in case of Malaprabha but actually defies the same without any plausible reasoning. Similarly, the judgment and order in case of Dr. Chander Bhan vs State of Punjab shall have the effect of encourage medical practice by unqualified Doctors.
Now, as per media reports [(The Times of India – 17-09-2008)- 2008 (229) ELT-A-193] the sitting CJI has sent out 12 point model code of conduct for subordinate judicial officers in connection with visits of Chief Justice and judges of High Court requesting them to adopt it. The question is that why code of conduct for visits only and why not to have code of conduct for disposal of cases? Once the apex Court has forgotten its own code of conduct “who would implement the 12 point code and how” is a million dollar question.
It is also a matter of common knowledge that the litigation can be protracted for couple of years by the counsels of both the parties in connivance leading to huge number pending cases before the Lower and High Courts. The pendency becomes a serious issue as it was once admitted by the sitting CJI of India when it appeared in media (Times of India, New Delhi-16-09-2008), [2008 (2290 ELT A—192]. It is a matter of record that cases which caught media attention were disposed off speedily.
The arguments put forth by the Defense counsel in connivance with the Prosecution Counsel in case of BMW’s (Nanda’s case) the BMW became truck overnight and delayed the trial. Who cares? The Investigating team that had done a wonderful job was reduced to a bunch of fools within few seconds. The unholy nexus between both the Senior and famous Counsels was exposed by NDTV. But it is impossible to keep track of many Khans and Anands who are practicing at Bar and continue to carry on with their hidden agendas with impunity before various Courts through out the Country.
During those days, the honest officers were respected and assigned responsible positions and the corrupt were considered as outcaste, never allowed to hold any sensitive position. Being honest used to be a matter of pride then. Even Politicians during those days enjoyed respect from one and all. But things are not the same any more. The values of life have undergone sea change and so has the mindset of the people. The honest are no more held in high esteem but are shunted to obscure places and assignments and looked down upon. The tormentors of the honest and upright officers find virtues in corrupt ones by tagging them as ‘performers’ and giving them plum assignments which help in personal enrichment of the both the benefactor and the beneficiary. The success and status of an individual is measured in terms of affluence. The austere lifestyle of the honest officers now invites snide remarks and ridicule.
I am personally aware of the fate of many honest officers who have paid the price for their uprightness and continued to suffer in silence. Politics has become a “profitable profession” for criminals. The unholy nexus that has formed between the politicians, bureaucrats and criminals over a period of time, is playing havoc with the social and moral fabric of our society. The common man has to suffer and pay the price of unabated moral, ethical and financial corruption.
At a time when the ramifications of failure of both the legislature and the Executive, in performance of their duties were felt on the public life, judiciary stepped in to stem the rot. There was a phase in public life when judiciary found itself duty-bound to intervene in almost every sphere of public life that was afflicted by the inaction or biased action of the legislature and executive whenever brought to its notice through what is commonly known as public interest litigation (PIL). The Apex Court accepted the concept of PIL by laying necessary guidelines in December 1988 under the leadership of the then Chief Justice of India Hon’ble Mr. Justice P. N. Bhagwati. The mechanism of PIL rendered remarkable service to the society and helped the common citizens, to raise issues of public importance before the Apex Court which not only hauled up the legislature and executive when found wanting in performance of their assigned duty but also provided relief to those who were affected by action or inaction of the authorities concerned.
The institution of PIL gradually lost its effectiveness basically for two reasons. Firstly, some unscrupulous elements started using this as a means of attaining personal benefits or for settling personal disputes in the guise of matter of public importance. Secondly, to overcome the consequences of the judgment of the Apex Court in PILs, the government started amending the relevant legal provisions retrospectively.
Unfortunately the era of judicial activism did not last for long and eventually gave in to judicial favoritism. This is evident from the fact that the same Apex Court which at one point in time advocated protection of the fundamental rights of the common citizens and propounded the principle of ’Polluter to Pay’ in the case of T. N. Godavarman Thirumalpad v. Union of India [WP (C) No. 202 of 1995] and formulated guidelines in the matters related to pollution in the case of M. C. Mehta v. Union of India [WP (C) No. 13029/1985], did not hesitate in permitting construction of shopping malls and residential complexes by the Army in forest area that was supposed to have been protected under its order dated 12 December 1996 in WP (C) No. 202/1995 with WP (C) No, 171/96, as a fait accompli. Does this mean that the persons violating law should go unpunished as every act of violation could be validated on the ground of fait accompli? The most shocking fact was that a senior lawyer appeared for both sides in this matter before the same bench headed by the then Chief Justice of India. The reputation of judiciary has been tainted and today even the judges are under scanner.
Earlier it was seldom that one used to talk about the rot in the judiciary as unscrupulous elements were considered to be an exception in this dignified profession and the system itself was robust enough to take care of this affliction. Now it is so common to read and hear the eminent names embroiled in different controversies.
The media stories about involvement of Session Judge J.W.Singh of Bombay, Former Judge Arun Madan of Rajsthan High Court, and Former Judge Shamit Mukherjee of Delhi High Court and involvement of few Judges from Karnataka High Court in Sex scam are still fresh in public memory. The media reports have enlightened citizens who are now aware of the controversy involving Mr. Justice V.K.Jain who has recently retired as Chief Justice of Punjab and Haryana High Court, where the Apex Court for reasons best known to themselves refused to part with the information about proceeding initiated against Justice Jain for judicial misconduct. Incidentally just before retiring Mr., Justice Jain kicked up another controversy by recommending names of few to be elevated to Bar. Further common citizens have not forgotten the controversy involving Mr. Justice Jagdish Bhalla of UP High Court now CJI of Himachal Pradesh, Justice S Ashok Kumar who has been transferred from Chennai High Court to Andhra Pradesh High Court. The Government’s denial to investigate the allegation against Mr. Justice Y.K.Sabharwal (Retd) Ex Chief Justice of India on the ground that there is no provision under the law is questionable. Once the retired judge does not enjoy any immunity then where is the question of immunity. He is also governed by the Article 14 of the Constitution as all are equal before law.
The issuance of warrants against President of India and the then Chief Justice of India by a lower Court in Gujarat is a matter the still haunts memory of many. The worst part was that the then Chief Justice of India Hon’ble Mr. Justice V.N.Khare, accepted in public media existence of the lawyer’s Judges nexus in lower Courts little realizing that the same nexus also exists in almost all the High Courts as well as the Apex Court itself.
I had the benefit of addressing His Excellency Dr. A.P.J Abdul Kalam on 21st April 2004, a day after most of the sitting judges of Punjab and Haryana High Court went on mass leave. His Excellency after going through my presentation expressed deep anguish. The issue assumed importance when His Excellency pressed for Judicial Accountability Bill which has been diluted to such an extent that it is impossible to punish any judge for his/her misconduct. One wonders when there are so many cases are pending before the Apex Court how the Hon’ble Judges would have time to hear the complaints against brother Judges. The recent incidents of cash at judge’s door step at Chandigarh and involvement of about 36 judges including sitting judge of Apex Court and some of the sitting Judges of Allahabad High Court and lower courts have further eroded the credibility and accountability of the Judicial system in India. Both the aforesaid incidents and the initiation of proceedings against Chief Justice of Kolkata High Court raise the serious doubts on selection process for appointment of the Judges of the High Court.
The Central Bureau of Investigation has been given green signal to investigate both the Ghaziabad PF Scam and Cash at Judges Door steps at Chandigarh. But the moot question is whether the Apex Investigating agency is equipped to handle the investigations in terms of the competence and the will? When the Agency itself is under cloud for conducting tardy investigations against politicians and a few murder cases, one can not expect the same agency to conduct fair and impartial investigations when Judges of Supreme Court and High Courts are involved.
Unfortunately the Apex Court has reiterated several times that laws enacted by Parliament have to be implemented. But once the issue of implementation of Right to Information Act 2005 is raised, the same Apex Court without any legal ground refuses to implement the same and claims immunity that it is not applicable on them. The fear being the Judiciary would be exposed. The worst is that the Department of Justice, Ministry of Home Affairs responsible for maintaining the details of appointment of the Judges, their salaries, expenses etc, refuses to part with the information about qualification of judges on the ground that it is maintained by the Apex Court.
The Apex Court in various judgments has reiterated that the justice delayed is the justice denied. Precious little has been done by the Judiciary in this regard. There are more than 2.5 crore cases pending before trial courts involving nearly 1.8 crore criminal cases as admitted by the CJI while hearing a PIL. The CJI further commented that ‘it is easy to delay criminal trials in India’.[2008 (229) ELT- A 192]
Even the Tribunals have been smitten by the “easy money” bug. The arrest of Income Tax Tribunal Member of Kolkata and dismissal of Mr. P.S.Bajaj, Member of Punjab VAT Appellate are the pointers towards the rot that has started surfacing in the Tribunals. The issues related to misconduct of some of the members of the Central Excise, Customs and Service Tax Appellate Tribunals continue to appear in various prominent law journals. I had the benefit of appearing before some of the State Commercial Sales/Commercial/VAT Appellate Tribunals and found that the position in some of the States is so bad that the slabs of “Suvidha Shulk” for granting relief had been fixed. No relief can be expected unless that amount is paid.
The question arises who is responsible for the rot that has set within the system? Being a part of the Committee on Judicial Accountability Campaign, I had the benefit of discussions with some of the senior members of the campaign. In my view the Judges are also part of the same society in which we have grown up. Many of them have been elevated from bar to the Bench. Therefore, the most important issue is whether as “Lawyers” we are discharging our duties towards society in a manner we are expected to? The Key Campaigners were uncomfortable in answering my questions. Let me share these questions with you and let us see whether we can find answers or not:-
a) How many Senior Lawyers practicing, take up the cases of the poor without charging fee for appearances before Lower Court/High Court/Supreme Court barring a few exceptions;
b) When some of the Senior lawyers charge waiting fee from the Clients in case the matter does not come up on Board, how can they claim that they are rendering services to the Society particularly when they have made themselves unaffordable to majority of the population;
c) How many lawyers have actually resisted the unfair demands from the Members of the Bench? This issue becomes important in view of cash at judge’s door steps.
d) How many lawyers knowing fully well that the Judge being selected is incompetent or corrupt have actually raised their voices?
e) How many times the Bar Associations have actually resisted appointment of an Additional Judge who is/was tainted? This assumes importance in view of the controversy involving Chief Justice of Kolkata High Court, who was involved in a fraud even before he was elevated to Bench.
The politicians and judicial luminaries both serving as well as retired have raised much of hue and cry about accountability of judiciary. The much touted 16 point Code of Conduct that was adopted in 199o has almost been forgotten.
One of the points in Code of Conduct by the judges is that the settled principle of law shall not be disturbed and the judges shall pass speaking judgments. How many actually follow the code pronounced in 1990 which is a difficult task instead how many flouts is the easiest one. For instance, The judgment and order in case of Sirpur Paper Mill case has unsettled the well established Principle of Law holding forte since 1963. The judgement and order in case of Laghu Udhyog Bharti in which case, the judgement was pronounced without dealing with the issue of constitutional validity of imposition of the Service Tax and the matter was decided in a manner opening flood gates of more litigation to follow for a number of years. The judgement and order in TC case No.9/90 in case of Modi Sugar Mills, though appears to follow settled principle of law in case of Malaprabha but actually defies the same without any plausible reasoning. Similarly, the judgment and order in case of Dr. Chander Bhan vs State of Punjab shall have the effect of encourage medical practice by unqualified Doctors.
Now, as per media reports [(The Times of India – 17-09-2008)- 2008 (229) ELT-A-193] the sitting CJI has sent out 12 point model code of conduct for subordinate judicial officers in connection with visits of Chief Justice and judges of High Court requesting them to adopt it. The question is that why code of conduct for visits only and why not to have code of conduct for disposal of cases? Once the apex Court has forgotten its own code of conduct “who would implement the 12 point code and how” is a million dollar question.
It is also a matter of common knowledge that the litigation can be protracted for couple of years by the counsels of both the parties in connivance leading to huge number pending cases before the Lower and High Courts. The pendency becomes a serious issue as it was once admitted by the sitting CJI of India when it appeared in media (Times of India, New Delhi-16-09-2008), [2008 (2290 ELT A—192]. It is a matter of record that cases which caught media attention were disposed off speedily.
The arguments put forth by the Defense counsel in connivance with the Prosecution Counsel in case of BMW’s (Nanda’s case) the BMW became truck overnight and delayed the trial. Who cares? The Investigating team that had done a wonderful job was reduced to a bunch of fools within few seconds. The unholy nexus between both the Senior and famous Counsels was exposed by NDTV. But it is impossible to keep track of many Khans and Anands who are practicing at Bar and continue to carry on with their hidden agendas with impunity before various Courts through out the Country.
Apathy of Indian Farmer
We as Indians were always proud of our Farmers. It was hard work and untiring efforts by the Farmers of our Country the Nation that was short of Foodstuffs was made self-reliant by way of green revolution.
But once again we failed to recognize the potential and the threats to the most important sector that too by our own systems, thus failed to not only encash the major resource but we allowed it to be killed.
Further the problem was multiplied by arranging loan melas for the farmers due to political considerations by erstwhile Union Minister of State for Finance Mr. Janardhan Pujari. The said loan Mela have played havoc not only with the farmers as they were lured by quick money that was not to be returned to banks on one side and at the same time it ruined the Nationalised Banks.
Every year the dream budgets are presented but the dreams turn sour. This year too so far as the agriculture is concerned there is a rise of Rs.10, 000-00 crores in agro credit to Rs. 75,000 crores.
What a special treatment to the backbone of the Country who had turned our nation by its hard work toil a food surplus from starvation. It has also been stated that the Finance Minister has devoted full fifteen minutes for agriculture in his budget speech. But what is good about this. We don’t see any reasons for celebrations or jubilations on this account. This year Budget our FM P. Chidambaram has reminded of Janardhan Pujari when he announced Rs. 60,000 crores package for the benefit of the farmers. But who would be the actual beneficiaries and what is the exact quantum of relief announced is a million dollar question. Again what is the policy the Government is likely to frame that the farmers do not end up in the clutches of the local Mahajans once again is a matter of concern. The following issues need consideration:-
i) Who would come to rescue of the farmers when they need the money?
ii) Who would ensure that the farmers actually buy the intended goods and do not resell in the open market to meet their needs?
iii) Who would ensure that farmers get remunerative price for the produce; and
iv) Last but not the least who would ensure that the Cane Mafia in cane growing States does not pocket the benefit of higher State Advised Cane Price and leave the actual grower in lurch?
It is unfortunate that with every increase in agro credit, the number of farmers committing suicides had been increasing that too due to inability of the farmers either to repay the loans or is unable to sell the crop or the crop has gone bad due to moisture.
One really wonders where all the money promised disappears and who are the real beneficiaries of the so-called Budgetary Promises?
Now let us have a look at the ground realities, that are just too harsh and plain, but the statistics as usual are far away from truth.
Right since 1947 till this day in the last 54 years it is the Indian farmer who has transformed the destiny of his motherland from a grain deficient state to grain surplus one. After the Green Revolution Indian farmer turned to White Revolution and created marks of his intentions and dedication of his intent and will making India not only self-sufficient but also producing much more than the demand irrespective of the increased population. In this regard efforts of Bharat Ratna C.S. Subramaniam the then Central Agriculture Minister combined with the dedication of Punjab Farmer, who even ventured to travel incognito to as far off a place as KEYLONG in Lahaul Valley of H.P. only to get the few seeds of dwarf wheat. Dr.L.S.Negi, Director of Agriculture H.P. in the decade of fifties carved out the lines for H.P. as one of the Apple State of the country, the Button Mushroom culture, which proved to be the right direction now and was further extended for its commercial culture with the farmers in Sonepat (Haryana) by Dr.S.S.Sohe, the Grape and Flower culture in Maharashtra is associated to the untiring efforts of Maharashtra farmer and the Cooperative movement, soundness of Dr.R.N.Chopra’s direction for the maintenance of Plant Bio-diversity, commercial culture of Medical & Aromatic Plants commercially paved the way for self sufficiency in Medical & Aromatic crops. This placed the country on the export map of essential oils and particularly Menthol crystals and Mentha oil. In a similar manner Indian farmer showed his prominence for tropical fruits, Spices beyond Vindhyas. Though Mango was the legacy of the Moghuls in U.P. it was the turn of the Maharashtra farmer in this for the export of Alphonso, Baiganpalli and the best export crop of the century i.e. Grapes.
First Five year Plan and the direction and thinking of Indian Govt. lead to the creation of following infrastructure for realisation of the defined goals for Indian economy in the sector of Food and Agriculture, which then saw the emergence of India as a self-sufficient state.
FOOD & AGRICULTURE
National Research Institutes: 4
1. Agriculture:
2. Veterinary
3. Dairy
4. Fisheries
Crop Science Institutes 13
Horticulture & Plantation Crops Institutes: 8
Annual Sciences Institutes: 9
Fisheries: 5
Agriculture Engineering: 4
Post Harvest Engg. & Technology: 1
Agricultural Universities: 28
Project Directorates: 74
SCIENCE & BIOTECHNOLOGY
Central Fruit Technology Research Institutes: 1
National Centre for Biotechnology: 1
CSIR Laboratories: 35
With so much of modern infrastructure, un-parallel in comparison with any other developing country, only Indian farmer has remained in the forefront. Very little of the research’s made by Indian Scientists has trickled to the benefit of the Farmer. Farmer thus in the tiring, disgusting, un-compromising circumstances has the courage to ask the following questions from the Government?
How many Scientists have come up after the decade of sixties for the cause of the farmer?
Why farmer has remained un-educated in Extension education, even with advanced and easiest analytical field methods in the calculation of his soil fertility?
VIGYAN KENDRAS: Mandate of Vigyan Kendras is an active link creation, dissemination of latest know-how in the field of the Scientists with the farmers in the program Lab-Land.
1. In this program how much coordination exists between the Scientists and the farmers, what is the frequency of Scientists visits to the villages whether fortnightly/monthly/bi-monthly? What practical experiences gained by these scientists have formed the basis of further research directions?
MOBILE SOIL TESTING & FOOD PROCESSING:
1. Are these units functional?
2. Whether Incharge Officers are regularly visiting villages, if so, what is the frequency in a month of these visits and how many persons got benefited and what are the basic achievements in employment generation and usage of the local products and soil samples analysed?
· SEEDS & PLANT MATERIAL:
1. Fruit plant, Nursery production courses have been initiated and imparted, what is the practical output of these, which was to be supervised by the Vigyan Kendras and Extension Education units?
2. Best of the plant Germplasm either is not available or if available in rationed quantities and also the sources of availability are known to the farmer?
3. Best of the improved varieties and their send production from the certified growers is hardly 1/4th of the total demand. The unscrupulous sources and un-registered seed producers meet Balance demand. What effective steps taken to meet this shortfall and create a sound system of seed production inspite of several legislations to this effect. There seems to be no coordination by the Deptt. with the farmer to know about his apathy’s?
EXTENSION EDUCATION:
This is meant to acquaint the farmers for all the latest researches and their application for crop culture, Marketing, storage and shelf life increase. The facts included in this area: -
PRE-HARVEST:
1. Integrated Food production (IFP
2. Integrated Pest Management (IPM)
3. Organic culture
4. Crop Insurance
5. Water harvesting & management
POST-HARVEST:
1. Latest harvesting and handling techniques
2. Value addition through cleaning, Rinsing, Waxing/Coating, Drying, Grading, and Packing.
3. Storage & Cold Chain
4. Marketing – Domestic and Export
EXPOSITION:
1. Farmer tours of Universities, Institutes, Industry
2. World marketing reports and functioning of world export market, how these function?
3. Resource Financing
4. Agri.Equipment, Machinery availability, usage
VILLAGE COMMON RESOURCES:
1. Water ponds exist nearly in every Indian village for local usage of water. The scene is very attractive on the National and State Highways, suggesting utilization of this resource for Fish culture thereby generating not only production but employment too and also mange these free from breeding grounds for mosquitoes.
2. Wild plants of the species Jamun, Aonla, Mulberry, Khurmani, Bamboo and Banana grow abundantly, but have not been utilised for economic product and employment generation of Fruit Wines, Vinegar and other processed foods.
From the foregoing it is very clear that only very negligible aspects and a bare little knowledge has been shared with the farmers. Visit to the village will reveal in the un-awareness of the above facts being the answer of the farmer. This thus brings a doubt in the minds whether the Scientists deployed for this education are proficient to handle this gigantic magnitude of thinking and education? Whether the Scientists are provided with refresher courses as latest and new research’s come up? What is the frequency of such refresher courses for the Scientists, which is ultimate hope for the farmers’ exposition to latest technologies in the field?
CONTRIBUTION OF INDIAN FARMER
GIVE ME A LEVER LONG ENGOUGH AND I WILL MOVE THE WHOLE WORLD said “NEWTON”. Same way foregoing efforts of the Indian farmer are very much synchronous to the thinking “GIVE THE LEVER TO THE INDIAN FARMER AND HE WILL BRING BACK THE PAST STATUS & GLORY OF GOLDEN SPARROW TO INDIA”. This aptly fits for the Indian Farmer whose efforts have contributed to the present scenario and status of Hort-Agro in the Indian economy, which contributes 33% to GDP, is a unilateral symbol contribution. Post Harvest loss’s of 30-40% and in money value to the tune of Rupees 50,000 crores if can be reduced will add indirectly to the production and GDP growth status.
APATHY OF INDIAN FARMER: Paddy grain in Punjab and Bihar, Sugarcane in UP, Cotton in Punjab, Maharashtra and Andhra Pradesh, Onion and Garlic in Maharashtra and Gujarat, Limes & Lemons of Gujarat, Oranges of Maharashtra, and Tomatoes in Karnataka are a few recent examples of farmer’s apathy. This further gets compounded with the non-purchase by over production – Low prices or no market offering. Non-payment of borrowed loans and suicide committed by the farmers, un-favorable weather conditions, Non-availability of storage, processing, transport infrastructure with bumpy road. Non exposition of the farmer to product Value addition process, exploitation by Bureaucratic – non-committed Public sector marketing organisations, inaccessible bureaucratic Financial Institutions. Non directive and goalless extension education system are a few vital examples, which has remained and contributed for the heaping apathetic conditions of the present farmer on whom country was proud of calling a backbone of the economy.
a. MARKETING: is the only avenue which turns and churns the sweat and toil, soil of the farmer into Gold Market intervention scheme is the oldest which gave birth to the Agriculture Produce Markets (APM), Marketing Federations at the state level, NAFED at the central, autonomous cooperative institutions like MOTHER DAIRY, Central Govt. owned FCI were only to ensure a favourable price and treatment to the farmer in the disposal of his produce. How far these Institutions have really worked for the benefit of the Indian economy and the farmer in particular is the question, which Govt. has to rethink in the present scenario. Few recent examples to quite be the Non purchase of Paddy grains and Punjab, causing a heaping and quality degeneration only by virtue of FCI. Non-functioning of APMC’s of HP at Parwanoo and Shimla, token Apple produce purchase by HPMC iII managed APMC Delhi, where one can see flagrant violation of Govt. directives.
Charging of commission from the producer by the Commission
Agents/ Auctioneers even today inspite of the Delhi Govt. directives during 1999-2000 is clear violation and a painful experience for the farmers, who does not want to earn the wrath of these agencies for their ulterior motives.
ABSENCE OF FARMER HOSTELS:
Commission agents/Auctioneers are amassing profit from whom? APMC’s are earning on daily turnovers of auctions and annual profit earning for APMC Delhi to quote is 8-10 crores Rupees, on whose cost? Farmer of any stature enters like a beggar for the auctioneer/commission agent directly and for APMC’s indirectly as their benefactor beggar. Then why this God of benefaction for their fortunes has till this day been denied the opportunity of homely stay, comforts meals? This is a cruel injustice to the King of Indian economy. Is not Govt. aware of this? Yes they are but coteries of incompetent paraphernalia right from the Head down below in the APMC are responsible for this.
Mandate given to these institutions is very clear then why they are ignoring the implementation for the cause of the farmer, healthy pollution free premises, generation of alternative avenues for marketing like Export, processing etc.?
BORROWED LOANS & BURGEONING DEBTS: Short-term loans and finances are not readily available to the farmer easily, inspite of the Govt. Numerous hassle free policies. However, this is possible from the local moneylender and Commission agent/Auctioneer in APMC’s, because these channels have a stake in farmers’ toil and endeavour for their own benefits. This all leads to low auction offers and even glut in the market.
PROCESSING & STORAGE: In the era of technologies, fast moving world, with a demand for value added products from the consumers, perishables (Fruits & Vegetables) require immediate processing at the village level. The truth, which has altogether been ignored till this day is the fact of small and marginal farmers, constitutes 80-85% of the society and the country requires only indigenous technology, suited to our conditions and not to the Western designs.
CRISIS SALVATION
Post Harvest technology application to agricultural crops is very old particularly in cereal /grains of the recent origin, in the fruits. Vegetables and floriculture, Post Harvest Technology application is based on the principals of Moisture, Temperature management where in the shelf life of the product could be increased alongside maintaining the nutritional qualities. In the cereal grains the process is very simple where in the grains at a required temperature is stored and this is not let to deteriorate further with the imbibitions of moisture from the atmospheric humidity. Also the grains are saved in the technology from the attack of pests and Rodents in the SILOS, which maintain the quality of the grains. Farmer producing crops during the rainy season or harvesting the crops up to September months is always exposed to the vagaries of bacterial, fungal attacks on the grains due to very high RH status in the atmosphere. It is thus very much pertinent on the part of the grain purchasing agencies to test the moisture % in the grains at the time of receipt and subtracting the desired level of moisture from this, which brings down the loss to be borne by the farmer because of increased moisture levels. Thus this will save the farmer from every type of hassle of non-purchase.
In the fruit and vegetables Post Harvest Technology is directed the other way through the induction of cold chain process, which also works on the same principals as the grain storage, and processing. The crisis salvation for the benefit of the economy and bringing confidence to the farmer that his produce will be rewarded commensurately according to the quality which is received at the auction table and will not lie otherwise for want of purchasers. This involves participation of all the agencies like Public sector, Private sector, Government and also promoting the Foreign Direct Investment (FDI) in this sector from the foreign companies who are very much specialized in the technology of Post Harvest. Salvation of the crisis thus stands for: -
· Cereal Grains
· Fruits
· Vegetables
a. Floriculture
b. Mushrooms
c. Baby Corn
d. Spices
e. Processed Foods
f. Export Crops
CEREAL GRAINS: Paddy, Wheat, Maize, and Millets.
IMPROVED POST HARVEST MANAGEMENT SYSTEMS: Increased moisture levels should not hinder the grain purchase at any level either by the Public or Private entrepreneurs. Drying units for grain drayage is the prime need of the hour along with creating storage capacity. Encourage every type of participation in Post Harvest Management systems for grains by the Government, Public and private section, FDI at the state, Mandi and village level, FCI, State Marketing Federations, NAFED and autonomous bodies like MOTHER DAIRY and Commission agents at the Mandi and village levels are the organs which play an active role in the marketing process.
In the form of FDI companies from the developed countries involved in the process of SILO and grain DRYING systems manufacture be invited for operating cereal grain storage and drying in India. This is being suggested on the basis of the National Highway authority’s scheme of BOT (Built, Operate and Transfer). Creation of stores at the village, Mandi and state level will reduce the travel distance for the farmer and ensure better transport storage modes.
Latest decision of the central Government for accepting to decentralize the FCI on 3rd Jan.2001 is the most laudable, because on one hand it will provide immediate grain purchase irrespective of the moisture %age in the grains from the farmer and on the other the agency will be responsible for keeping the grains in best of its storage systems and thereby also gaining from the loss reductions due to pests and Rodents which are more than 2-3% at present and on the turnover of 30,000 crores Rupees will be a saving of 900 crores Rupees annually.
FRUIT & VEGETABLES: Perishable crops is the other unit of Indian farmers contribution and toil after cereal grains, APEDA’s and NHB’s efforts in this direction are commendable to increase cold store capacity and place Indian fruit and vegetables products in the value added form both in the domestic and export sector. This also deserves a similar participation as suggested for cereal grains.
OTHER MEASURES
AGRICULTURE AUTHORITIES: An independent authority like, Telephone & Communication, Roads, Transport, Electricity to mention a few be created to provide transparency in working. There are more than 100 Institutes/ Organisations/Centers/Universities etc. who could interact for direct interactions, intervention, suggestion process and monitoring of progress on ongoing agricultural projects.
FARMER EDUCATION: Active interaction of the Universities concerned Departments with Institutes like CFTRI, Science & Technology, Post Harvest Technology at IARI, Vigyan Kendra’s etc.
COORDINATION Committee’s: Subject specific Scientists coordination committee'’ at Village level interaction with farmers must have frequent meetings at monthly intervals, which will aid in building a confidence amongst farmers and highlighting day to day problems encountered by the farmers.
FARMER REPRESENATION: In all the Govt. bodies the present picture is that representation is confined to only to the heavy weights of politics or the bureaucracy and farmers do not stand anywhere to put his viewpoint. Also decisions by the Executives are taken simply saying that farmers also voted in the meeting. The facts are contrary. The example for this is that of NHB where none of the present members have anything to do with active agriculture.
Unless immediate steps are taken in the Right direction at the earliest, the father of Green revolution shall become history of past. Radical changes are required.
FARMER TOURS: In this blatant truth is that never a true farmer has ever visited a foreign country in the last 54 years. Whosoever has visited is again an example of Kith & Kin favoritism in the selection of candidates. This is cured through the process of getting names from the Panchyat and then selecting the farmers by bringing out lots.
TEHCNOLOGY TRANSFER: Easy modus operandi is devised for Technology Transfer into the villages and creation of Industrial infrastructure for product manufacture. This pertains to technologies from CFTRI, CSIR, Science & Technology and others.
ATTRACTING ENGINEERING TALENTS: For the development of Agro-based systems applicable in all Hort-Agro operations it is suggested that the Cash/Certificates and other prizes are instituted to attract the best talent of the country suited only to the Indian conditions, which has till this day remained eluded from the think tank.
DEVELOPMENT OF NUCLEUS PRODUCT VILLAGES: Villages in each state be developed for a specific product or crop culture or Food processing, whereby the village becomes a nucleus production center i.e. Fruits/Vegetables/Floriculture Mushrooms/Medicinal or Herbal or Aromatic plants etc.
Unless drastic steps are taken in the right direction on top priority, the fathers of Green Revolution shall become history. Radical changes are required at the earliest.
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