WOMEN RESERVATION BILL FOR PRIS ON ANVIL

WOMEN RESERVATION IN PRIs; WHEN IN PARLIAMENT

The union government has decided to provide 50% reservations to the women in Panchayati Raj Institutions (PRIs). A proposal to give effect to this provision has been taken by the Cabinet, which met in New Delhi yesterday. The Bill, the government said, would be tabled in the coming session of Parliament. This would necessitate a constitutional amendment; therefore the proposed bill will be in a Constructional Amendment Bill form and would amend Article 243(D) of the constitution of India. This article provides for reservation of one third of seats in PRIs for the women.

It is being interpreted as a major step in the area of empowerment of women in the country. The 73^rd Constitutional Amendment Act, which conferred constitutional status on the PRIs, brought in by Rajiv Gandhi was a land mark in the field of devolution of power at grass root level, and was regarded as the first serious attempt to visualize the dream of Gandhi. Although the framers of constitution had enshrined in the constitution, the directives principles of state policy, the devolution could not be made till the 73^rd constitutional amendedment was brought in.

Bihar, under Nitish Kumar, became the first state to provide reservation up to half the total number of seats to the women by enacting a law called Bihar ‘Panchayati Raj Act’ in the year 2005 i.e. just after coming to power in the state. This legislation was hailed through out the length and breadth of the country by people across party lines and from different walks of life. Subsequently, two years after the huge success of this provision in terms of wider participation of women especially from Scheduled Castes (SCs,) Most Backward Castes (MBCs) and Other Back ward castes (OBCs) in the elections held, the Bihar government enacted similar legislations for providing reservation to women in Urban Local Bodies (ULBs) also. The Bihar model of reservation to the women in ULBs and PRIs paved way for many states to legislate on similar patterns. States like MP and UP have also made similar provisions.

Now with the proposed constitutional amendment, it would be mandatory on the part of all the federating units and UTs to legislate provisions for Women up to 50% in near future. This constitutional amendment will again bring to the fore, the Women’s reservation Bill, which has now gone in to oblivion. The civil society must rise above and exert pressure on the government to pass the legislation and cherish the goal of women empowerment. Bihar has played the role model now it is the turn of union to do the same.

GOVERNMENT GOES TOUGH ON CORRUPTION

HARBINGER OF HOPES IN THE TATTERED STATE

Government of Bihar is coming out with a comprehensive legislation to confiscate assets of the public servants against whom case (s) of ‘Disproportionate Assets’ have been filed and charge-sheets have been submitted in the court of law. A bill in this regard is likely to be tabled in the forthcoming budget session of the State Legislative assembly itself.

While speaking on a seminar organised by DFID, the CM reiterated his commitment to weed out corruption from governance and hinted at this move. He has geared up the vigilance sleuths in the state and the number of trap cases by the state vigilance bureau has increased many folds. As many as 60 trap case with 68 arrests in 2006, 29 trap cases with 37 arrests in 2007, more than 60 trap case with 70 arrests in 2008 and 7 trap cases with equal number of arrests have been made in 2009. Subsequently cases of Disproportionate Assets are launched but thanks to the slow pace of trial a very few could actually be convicted. Apart from this bureau, one Special Vigilance Unit (SVU) has been set up to take anti- corruption measures against high officials. This Unit has also made some headway with respect to recover huge amount of wealth from the possession of officials including several IAS and IPS officers. Their assets could not be confiscate due to non-availability of any specific law in this regard. To sort out this problem, special courts are to be set up and speedy trial would be started, hinted the sources at the state secretariat.

On the other hand, rules are also likely to be amended and the power of making appointments of Teachers would be snatched from the Panchayats and ULBs representatives very soon. The CM received innumerable complaints of corruption and nepotism during his Vikas Yatras against the Local representatives especially Mukhiyas of the Panchayats. Two years back, the CM had formulated the policy of appointment of Teachers (Bihar Panchayat and Nagar Nikaya shikshak niukti niyamabali’) by Panchayati Raj and ULBs representatives with a utopian idea of devolution of powers to lower level of functionaries as enshrined in the constitution. But this effort has failed miserably due to rampant corruption in the panchayati raj and ULBs institutions. Many academicians are of the opinion that the qualities of the ‘appointed teachers under this scheme’ are hopelessly poor because it is based on ‘counselling’ and not on ‘tests’, which has given ample opportunities to the representatives to play foul in this game. This has adversely affected the qualities of primary education, many people lament.

BIHAR GETS GOLD IN E-GOVERNANCE ON ' JANKARI' CALL CENTRE

Bihar govt gets e-governance award for its noble initiative of setting up call centre on Right to Information ‘Jankari’

Bihar govt’s initiative for giving free access to citizens, the information through call centre ‘ jankari’ has started bearing fruits as it has been selected for being awarded as ‘National award’ in e-governance for the year 2008-09 by Union govt (DoPT). This award would be conferred on it in a function scheduled to be held in Goa on 12-13 February, 2009.

Giving this information in Patna, IT secretary, C.K.Misra said that the establishment of ‘Jankari’, the call centre for giving information to the information seeker under the provisions of RTI Act,2005 has been widely appreciated across the Nation. Giving details, he said that any Indian National can receive information just by dialling a toll free number in the call centre and after a brief formality, the information seeker would get the information just by paying Rs/-10 as the cost. In 2008, about 16,000 calls were received by this call centre Misra added.

But so far as computerisation of other departments is concerned, it is not moving at desired pace. The target of making Finance department a paperless one by the end of 31 March, 2008 could not be achieved. The introduction of Sec-LAN in the state’ secretariat is yet to come in practise and babus still rely on tiring hard copy file work.

It is pertinent to mention here that Sonia Gandhi, the chairperson of UPA had praised this move and had advised all the CMs of cong ruled states to take similar steps so that the ideals and ethos enshrined in the noble RTI Act,2005 are achieved.

TASKS AHEAD- The commission has miles to go before it could achieve the noble and lofty ideals enshrined in this people centric Act. The State Information Commission has to be debureaucratised, because it has become a post retirement placement bureau. The funcioning of this commission has to be made more people friendly, because if visits this commission, he gets a vestige of Courts room discipline, total undesirable and uncongenial. 

INFORMATION COMMISSION VS COURTS- One can draw a comparison between America and India. On the one hand Obama voluntarily signed an executive order making it mandatory for the US administration to make accessible all the documents pertaining policy decisons and any other decison to the public domain. Whereas in India, the Supreme court itself makes an appeal before its subordinate Delhi High court against the order of the CIC, what a paradox. It is easy preach than done. CJI says that the provisions of the RTI are not applicable to the Judges because they, what he said, are constitutional authority. The people sitting at the higher echelon should set examples in the public life. They should have the audacity to abide voluntarily to the provisions of the law of land.

बिहार में स्ट्राइक; कितना उचित?

THE indefinite strike of Non-gazetted employees (NGE) of the state govt entered 7th day today. All efforts of the govt so far has failed to yield any positive results and all the govt offices right from state secretariat to block look deserted. Strike sponsored by Bihar State Non-Gazetted Employees Federation (BSNGEF),(BSNGEF) Gope group, Bihar State Secretariat Services Association (BSSA) and a host of similar organisations began on 7th January has brought the state’s machinery to a grinding halt.

Majority of the departments are already lagging behind the target in spending the ‘Plan head’ allotment. In fact, up to 31st October, average percentage of expenditure in ‘Plan head’ is only 31.91%. Some of the key departments like IT, Commercial taxes, sugar cane transport and Excise have failed to make any expenditure and it is hopelessly zero percent. The ongoing strike has made the task of achieving target by end of this fiscal, almost impossible.

Some people say that had the govt formed ‘fitment committee’ somewhere in sep-October of the previous month; this strike could have been averted. The outspoken ministers issued statements in the press that the govt is willing to announce 6th pay panel on the eve of dussehra but the govt did not announce anything even in the last week of December, therefore the employees got impatient.

On the other hand the govt is in tight financial position. According to the state govt’s budget estimate, state’s own revenue generation for current fiscal is 5680.71 crore, whereas; the state’s share in central taxes is 19094.31 crores. The govt’s plan expenditure is 135000 crore (it includes central grants and central sponsored schemes also). The govt has to make about Rs/-8000 crore expenditure on pay and 2000 crores on pension.

The govt has already accepted to pay the employees according to 6th pay panel report, which would add about 30% to the state’s coffer increasing the expenditure by about 3000 crore annually.

The present hitch is about the payment of arrears. The govt wants to give it from 1st April, 2007, whereas; the agitating employees demand it from 1st January, 2006. If the govt accepts this demand, it would have to make an additional about 2000 crore payment. Thus the govt will be left with a very meagre amount for the developmental as well as other plan and non-plan expenditure for the state.

Some senior officer on the condition of anonymity said that had IAS, IPS and IFS officers not taken their arrears from 1st January, 2006, the NGE unions would have not resorted to strikes, because the leaders of the NGE say that if the state’s coffer is not in a happy position, why did Babus take arrears from 1st January, 2006. They further say that if these babus refund the arrears, they would call off their strikes.

WHAT GOVERNMENT SHOULD DO

The government must come up with a transparent and lucid statement before the public at large and should tell them what the govt is doing. The IAS and IPS and other all India class I officer should voluntarily eschew their claim of arrears from January the 1st,2006, and tell the govt to re-fund back their payment. This would give a very good signal to the denizens of the state. It apparently looks discriminatory if they withdraw arrears from January 2006 and ask other to do the same from April,2007. We all know that the state is under tremendous financial constrainsts. On the one hand the millions of people are half fed and we demand for extra. Is it fair. We all should contribute to the economic development of the state. The CM is desperately trying to move things in good direction, we all , therefore should help him in this effort

BIHAR TO HAVE RULE FOR KHAS MAHAL LAND AT LAST

GOLGHAR;THE VESTIGE OF LOST GLORY

The state govt has finally decided to frame Khas Mahal bylaws for managing about 7,000 Hectares of Khas Mahal land which spread over 38 districts of the state. Draft of this bylaw is already in its final stage and is likely to get cabinet’s nod within a couple of days from now.

Till date there is no law or rule with respect to Khas Mahal land in this state and it is being regulated by collection of circulars and adhoc procedures called Bihar Government Estates(Khas Mahal) manual.

Khas Mahal are those lands which were vested into the State after enactment of Bihar Land Reforms Act, 1950 and came directly under the management of the state govt.

All such lands are situated in towns and are very costly. The present manual is slanted towards lease holders and most of the land are held by the lease holders at a throw away price. The renewal process is so simple that even if the lease not renewed, the govt cannot claim the land. At present most of such lands are located in districts like Munger, west champaran, Patna, Bihar sharif, Sasaram and Arrah and are either encroached or have been transferred to different persons for which govt did not get any revenue whatsoever.

If the said Bylaw is approved by the cabinet, the govt will be in a position to reclaim majority of such land and lease out to other persons at market value. This would enable govt to use such land for commercial and other govt purposes also.

On the other hand some people are apprehensive about the real motive of the government. It is pertinent to mention here that most of the Khas Mahal lands are either under illegal possession of influential persons of political or bureaucratic circle.

If the provisions are not implemented in letter and spirit, the Khas Mahal land may discriminately leased out to the people who are close to the political establishement.

BIHAR'S FLOOD FURY; END OF KOSI CIVILIZATION

iGovernment » Governance Bihar's flood of fury: End of Kosi civilisation?

The quantum of the severity of this flood of fury is yet to completely seep in. Most of the areas under Kosi's new, course may now never resurface

Published on 8/29/2008 7:52:54 PM

By Om Prakash Yadav

Over one lakh people in 102 relief camps, about 2.5 lakh houses destroyed, crops in 1.06 lakh hectare wiped off, and while the government claims it has so far evacuated nearly three lakh people, the total number of population affected has swelled to 1.2 crore.

This is day thirteen of the catastrophe that hit Bihar on August 18. And while relief measures and funds have started flowing in, it seems the quantum of the severity of this flood of fury is yet to completely seep in, even though the overflowing Kosi—the sorrow of Bihar—has been sinking most of the human habitat that has come on the way of its new, changed course.

A close look at the history of this North Bihar river, and one realises that the worst is yet not over.

According to experts and the data of rainfall and water discharged from the Bhimnagar Kosi barrage every year, an additional 2.1 lakh cusecs of water is likely to flood in from Nepal between September and October.

And what does that mean? Experts suggest that it is just the beginning of the problem, for one, the changed course of the river has swallowed millions of hectares of land and which are hardly going to resurface even after the water recedes. 

Two, these inundated areas are technically in the river bed, thereby completely uprooting those living in these areas—not to talk about the loss of agriculture land, houses, livestock, ponds, wells and above all their dreams.

Three, the devastation of this magnitude is unheard in modern civilisation, with the entire Kosi civilisation on the verge of eclipse.

The genesis of disaster

Like many other rivers of North Bihar, Kosi gathers water from Himalayas in Nepal. However, it is a trans-boundary river and flows between Nepal and India.

Kosi is also one of the largest tributaries of Ganga and after flowing through nearly 70,000 sq kilometres confluences into Ganga near Kursaila in Katihar district of Bihar.

In Nepal, this river lies to the west of Himalayan peak, the Kanchanjangha and has seven major tributaries namely Sun Kosi, Tama Kosi, Dhudh Kosi, Indravati, Likhu, Arun and Tamar. That is why it is known as 'Sapta Kosi' in Nepal.

This river has earned notoriety since time immemorial due to its unruly, turbulent and unpredictable behaviour.

On an average, it carries 70-80 million tons of silt every year and it is perhaps due to this feature, it tends to change its course after a definite period of time. This is also one of the most important differences between Himalayan rivers and rivers of Europe or America.

Many experts are therefore, of the opinion that viability of high dams on any Himalayan river is very bleak, because the heavy siltation makes barrages useless after a period of time.

Kosi has an average discharge of 55,000 cusecs of water that increases by as much as twenty times during the monsoon or flood season, thereby assuming dangerous proportions.

The speed and velocity of the river's flow is also very high, causing devastation that is most often unthinkable. As the river is relatively new, experts suggest that it has not matured enough to settle a definite course.

Mapping the old course

The first attempt to map the meandering of this swift, fast and turbulent river was made by British surveyor C C English way back 1779.

According to district gazetteer of Saharsa, he tracked the course of Kosi since 1731 and the maps prepared by him suggest that the 18th century Kosi that flowed near Purnea moved westwards in the ensuing 300 years—shifting its course from from Purnea to Supaul.

On the basis of this inference, it is being said that the Kosi has come back to its 18th century course. According experts, the river that had shifted 120 kilometres from east to west in over 250 years has suddenly again reversed its course.

Kosi, Floods and Devastation

Kosi and floods in Bihar have inseparable history, with the river being responsible for some of the most devastating floods caused in the state—from the one in 1954 to those in 1963, 1971, 1984, 1987, 1991, 1995 and the present flood in 2008.

According to the records available with Water Resources Department (WRD), overall 850,000 cusecs of water was discharged from the river during the 1954 flood. It was under these unprecedented circumstances that the Government of India (GoI) decided to look for a long lasting solution to the problem.

The initiative to tame this mighty and uproarious river saw India sign the historic 'Kosi Agreement' with Nepal on April 25, 1954. While Gulzari Lal Nanda signed the agreement on behalf of the GOI, Nepal was represented by Bir Shumeshwar.

The agreement envisaged setting up of a barrage by GOI. The barrage was to be located about eight miles upstream of Hanuman Nagar town; the barrage was built at Bhimnagar and it took over seven years (1956-63) to complete the work.

The terms and conditions of the agreement, however, stipulated that India would be responsible for any the repair and maintenance of the barrage. The Government of Nepal also handed over the project area land was on lease for 193 years.

Other than the barrage, a 39 Kilometre long embankment from barrage site to Chatra in Nepal was also built to 'jacket' and tame the turbulence of this river. The 'jacketing' directed the flow of the river to the barrage and swift and fast Kosi was brought to control to a great extent.

Spurs—a diagonal structure to check the speed of current and protect embankment—were also constructed along the eastward embankment to prevent the erosion or breach in embankment.

The August 18 Breach

While the jacketing of this river upstream barrage did prove successful in guiding and controlling the direction of the flow over the last 45 years, it was also moving towards becoming disastrous because of heavy siltation.

As this river carries heavy silt with it, in due course of time the bed of the river rose above the field itself and this, in fact, has been the typical reason of flood every year in this area.

Unfortunately enough, while all previous floods in Kosi always happened due to breach in embankments downstream the barrage, the present flood has been caused due to breach in the embankment near Kusaha which is located upstream the barrage.

According to reports available with sections of media, the signs of breach in this eastward upstream embankment were perceptible in the very first week of August itself. 

The current started eroding and damaging the embankment between 12.10 and 12.90 kilometres. The officials of WRD say that the law and order situation in Nepal has under gone a change and they were not getting required amount of co-operation from the Nepalese authorities.

They justified their alleged inaction by saying that when the team of engineers visited the site at Kusaha, they were not allowed to work and were forced to flee from the site.

Gradually, the spurs near Kusaha also got damaged and finally breached on August 18, 2008 at 12.80 kilometre point. This site was about 12 kilometres away from the barrage, therefore within few hours waters flowed into the Indian territory.

With the river flowing in full swing, the surging water took no time in widening the breach by up to two kilometres the same day. With the water gushing out through the breach, the situation had worsened and within 24 hours the entire Kosi barrage was almost empty.

Although engineers tried to lessen the damage and control the discharge of water through the breach by opening 54 out of 56 sluice gates of the barrage, the current had by that time adopted a different course, making the attempt to prevent the disaster futile.

The roaring Kosi took eastward course from here and entered into Bihar through Birpur. Within hours, the water inundated Birpur, Belwa Bazar (native village of former Chief Minister Dr Jagarnath Mishra), Chatarpur, Pratapganj, Raghopur and Triveniganj of Supaul district.

The surging water moved further east southwards and engulfed areas like Farbisganj and Narpatganj of Araria district. The direction of the flow was such, that its entry into Purnea district was easily forecasted. This was exactly the route that Kosi had been flowing through in the 18th century.

As the river found no natural course in east-south downward direction, it got divided into many branches and entered into different areas inundating and marooning them.

Within a week, the water inundated Narpatganj, Ghurna, Bela, Basmatia and Bhargama Blocks of Araria District, Pratapganj, Udhampur, Raghopur, Triveniganj and Chatarpur of Supaul district. Some areas of Kisanganj district were also affected.

District like Madhepura also came in the way of this river. Firstly Kumarkhand, Udakisanganj, Bihariganj, Alamnagar, Murliganj, Purni, Gwalpara, Singheshwarsthan and Sankerpur blocks of Madhepura got badly affected and people got trapped in the flood.

On August 27, flood water entered the Madhepura town itself.

Situation in these areas are fast deteriorating and condition is becoming precarious. While official figure indicates nearly 50 causalities so far, unconfirmed sources suggest that the number of deaths would be much more than what anybody would guess.

In Purnea district, blocks like Bikothi, Banmankhi, Rupauli, Dhamdaha and Amaur are either partially or totally affected by this catastrophe.

While moving east west downward direction, areas like Sonbarsha, Sourbazar, Pataghat, Banganwan and Simribakhtiarpur of Saharsha district also witnessed the fury of flood. People have lost lives, properties, homes and perhaps everything.

Kosi confluences into Ganga near Kursaila in Katihar district, therefore red alert have also been sounded to evacuate areas like Kursaila, Barari and Korha. Sources suggest that water can enter these any moment now and cause further destruction.

Magnitude of the problem

With over 20 blocks of six districts in the state badly in the grip of the ferocious flowing Kosi water, the magnitude of problem is not difficult to estimate. About 15 lakh people are trapped in different places, and there is an urgent need to evacuate them, or else the state might lose them forever.

Even if all such persons are rescued, huge numbers of relief camps are required to be set up. A rough calculation of the displaced based on the number of blocks and villages affected suggest that the state government would need to chalk out plans for rehabilitating over 1.2 crore affected population.

Rescuing the marooned population, providing relief and arranging rehabilitation is a herculean job, because almost entire infrastructure has been destroyed. Worse, the state government has neither the manpower nor the resources to meet this unprecedented situation.

The immediate question, however, is to find out enough space to set up relief camps and make arrangements for the basic needs, including adequate food, for supporting over 15 lakh people.

Carrying the entire population and shifting them to distant and safer places has never been an easy task, not to talk about running the relief camps on such a large scale and for a long time; experts in WRD suggest that the situation is likely to remain unaltered till October.

And while Prime Minister Manmohan Singh has declared it as a national calamity and aids have been flowing in—from Rs 1,000-crore package central government assistance to free rail services and relief material being supplied by the Indian Railways and financial assistance announced by the governments of Maharashtra, Delhi, the United State, Britain and Unicef—the distribution of the relief on such large scale is a huge challenge in itself.

The changed course of the river has swallowed millions of hectares of land that are hardly going to resurface even after the water recedes, posing a massive challenge of shifting and rehabilitating a huge population.

It is not hard to guess the cost of this rehabilitation programme, both in terms of money and time. And while experts say that it would be possible to bring back Kosi to its original course, what if they fail to reverse the situation?

While the failure to do so will mean that there would be sand dunes everywhere in the old course, it also means that the state and its people will permanently lose their properties, fertile lands, infrastructure, and all.

This also means that unless the situation is handled with precision care of a surgeon doing an open heart surgery, Bihar will witness a pre-1963 like situation when the Kosi belt was known for drought and famine.

The impact of this catastrophe is also manifold—the pace of development of Bihar is certainly going to come to a grinding halt, or may even get reversed.

Many would agree that history is going to repeat itself. The irony is that the international community is sitting quite and except for few announcements there has been no initiative as such to help the nation and the state tide over the disaster that is fast turning severe than the recent Tsunami.

The magnitude of devastation and destruction is such that no government will be able to tackle it single handedly. The job is enormous and response so far has been cold.

This is the time to fight back; Bihar is looking for help from all corners, all agencies and many nations. And while Chief Minister Nitish Kumar and the entire state machinery are struggling hard, so are the denizens of entire North Bihar.

Let helping hands come out and take Bihar out of this 'national calamity'.

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Post Comments Total Comments: 38 

Posted By P K Jha on 9/1/2008 5:03:50 PM 

Thanks a lot for such clear and to the point description. 

It is unfortunate to see few and lukewarm response to a huge catastrophe. It seems influential only get attention. Had there been industry and influential people with union etc. it would have attracted many fold response. 

Who cares (only few humane) for the poor lot? 

See how Orissa got support or for that matter Bhuj Earthquake. 

Still the large mouthed politicians are trying to gain millage only over the dead bodies and hungry, ill clothed affected. 

Thanks again for the call. 

Regards 

P K Jha 

Posted By Vikas Vaibhav on 9/1/2008 10:45:56 PM 

History always Repeats, and what we have to do is to learn from it and make sure that good things which happened in past happen again and again and at the same take precautions to never let the disasters repeat themselves. But it seems that some people never learn. We knew that if this river has shows its real self then something like this is sure to happen, but still we are not able to take precautions and steps in maintaining the barrage at Bhimnagar. But it seems that we are good only at finding the reasons after the damage is done. 

The ignorance of the government and taking the issue of maintaining the barrage in its condition lightly is finally costing us the life of crores of people. 

Well! what can i say, the damage is done and u say that the worst is still to come.what can be worst than this, is it going to wipe out the entire state. Keeping in mind the past history of the state and how it was moving ahead in the direction of development. This event seems to break the backbone of Bihar. 

If stopping this plague needs a hand of a surgeon, then i really wish to God to send one. Otherwise i really don't know how Bihar is going to recover from this loss. But still whatever may be the situation, no matter how worst it becomes we can not leave each others hand. 

I only wish to God that soon the authorized people can figure out a solution to stop this demon and stop this social slaughter. 

Posted By Sanjay Kumar on 9/2/2008 12:20:28 PM 

Outstanding article, gives clear picture of the magnitude. The write deserves credit of making this report exclusive and eye opener. The Kosi so far was a myth for me. Thanks I could understand the history and geography of it. 

Sanjay Kr, Hajipur 

Posted By Gajendra Kr Singh on 9/2/2008 12:29:02 PM 

Simply excellent and mind opener. The writer has successfully delineated the picture of the flood. He has given the history, hitherto unrevealed. He has successfully portrayed the picture in the aftermath of the flood 

Gajju 

Posted By A.K.Chandra on 9/2/2008 2:07:23 PM 

The writer has given the picture no newspaper was able to do it. He has rightly said that Bihar's development is going to be badly affected. The top level bureaucracy has be fooled Nitish Kr. IAS officers are unwilling to go to the affected area and they are doing only lip service. The writer has an indepth understanding of the problem. 

A K Chandra 

Posted By Aradhana Dutta on 9/4/2008 10:05:09 AM 

An eye opener for all readers. This article is really outstanding. I couldn't have got a better perspective about the cause for the present flood situation and demography of the problem. 

The havoc caused is immense but more unfortunate thing is the problem could have been avoided, its high time that we don't take Nature for granted. 

Aradhana 

Posted By Dr Birendra, IAS on 9/7/2008 12:54:32 PM 

The writer has given both historical and geographical picture hitherto untouched in media. The picture attached clears the concept very vividly. The web should publish such reports instead of publishing stereotype news and rhetoric. 

Birendra 

Posted By R. Ashok Kumar on 9/20/2008 12:59:10 PM 

It is interesting that the Eastern Embankment breach started on the 6th of August 2008. On the 5th of August 2008 a 6 MM quake occurred near the 12th May Sichuan quake: 

2008,08,05,094917.26, Latitude32.76, Longitude105.49,6.0MM 6km depth. 

And on the 25th of August 2008 a 6.8 MM quake occurred at Western Xizang. This was the last straw. 

See http://damsquakeskosirivershifts.blogspot.com 

This article shows the genesis of the catastrophe lies in quakes caused by dams on the Indian subcontinent. 

Posted By Colonel Mithilesh singh on 9/21/2008 11:04:52 AM 

I hail from Madhepura and I can understand the woes and sufferings of the victims. The writer has rightly described the picture. The real problem will start when the water recedes. The Kosi area is going to witness pre-1963 like situation. It requires massive investment and intense monitoring. 

Mithilesh 

Posted By Colonel Mithilesh Singh on 9/21/2008 3:53:15 PM 

The writer has very intelligently described the woes of the flood. The state govt must learn a lesson and do the needful 

mithilesh 

Posted By Rohit Ranjan on 9/22/2008 11:16:02 AM 

The writer has rightly projected the magnitude of the problem. The govt must act and search long lasting solutions instead of a cosmetic surgery. 

The construction of high dam is not the solution. It is surprising why the de-silting has not been done. 

Posted By Vimal Kr on 9/22/2008 12:10:20 PM 

Let the river be de-silted first before constructing high dams. The politics of flood relief should stop and real work should begin. 

Posted By N. Sinha on 9/22/2008 1:28:53 PM 

The writer has very minutely and geographically described the course of Kosi. It is a balanced and well contained article. The govt should take into account the valuable suggestion extended by the writer. 

N.Sinha 

Posted By R.K Verma on 9/22/2008 6:59:51 PM 

The writer has rightly said that the need has come to reconsider the viability of dams. 

Posted By Mantu on 9/22/2008 7:34:32 PM 

I hail from Madhepura. The writer has rightly said that the entire region will face pre-1963 like situation. The officials responsible should be punished. Nitish Kumar is good man but he should come out of the clutch of IAS coterie. IAS people are ruining this state. They have destroyed RJD and they would destroy NDA also. 

Posted By Murari Pd. Singh on 9/23/2008 11:43:55 AM 

Google is very helpful in searching good articles on various issues. I was trying to understand this flood from geographical and social points of view. Several articles, I read, most of them political. This article has solved my problem. Now I could understand the technicality of the problem. everyone cries dam and dam, no one talks about desilting of the rivers. Thanks google and iGovernment for this beautiful article 

Posted By Ajay on 9/23/2008 12:33:39 PM 

The writer is requested to give a complete write up regarding rehabilitation. what should be done to bring back the areas to track. It seems that the writer has a deep knowledge about it he should share it with all. 

Posted By Riya Alias Swetlana on 9/23/2008 2:51:49 PM 

This is my papa's article and therefore I read it with much interest. Before this I could understand flood only through News channels. Now I understand it in a better way. Thanks to Papa 

Posted By Sapan Roy on 9/23/2008 3:06:50 PM 

Its an excellent article and the writer has described the intricacy of the problem in a lucid way. The magnitude of the problem is such that only govt cannot help it out.

Sapan, Patna 

Posted By Vivek on 9/28/2008 10:58:26 AM 

Such a devastation and so cool response from National media? This is not a flood it is a catastrophe. Bihar should be helped out of this tragedy. Unfortunate for this state. Nitish is doing hard. Politics should stop and rehabilitation and reconstruction should begin. 

Posted By Adarsh Bhardwaj on 10/6/2008 11:51:18 AM 

Finally there is an article that explains the clear story of Kosi's disasters. The immediate question, however, is to find out enough space to set up relief camps and make arrangements for the basic needs, including adequate food, for supporting over 15 lakh people. 

Posted By Amit on 10/6/2008 12:02:22 PM 

Its a really a good article that I have read in recent times on this problem.

Posted By Neeradhi on 10/6/2008 1:55:47 PM 

The article is really informative. Hope the politicians stop trying to gain political mileage out of the saddening situation and really do something for the suffering people. 

I hope we behave like responsible citizens and genuinely help our country mates. 

Posted By Kulkiran Preet on 10/6/2008 2:44:26 PM 

Really touching . Bihar should be helped to recover from such tragedy.Govt shouldn't sit quie. 

Posted By Nitin Bhardwaj on 10/6/2008 2:54:01 PM 

Never did I realise that the problem was so grave till I read this article. Good article to know the exact nature of problem. The Indian government should take this problem on high priority and seriously do something to put the river on right course or at least find some solution to construct a dam which can control the water of the river. 

The eminent and powerful personalities should also come forward to draw the attention to this problem. 

Nevertheless, the financial aid should continue so that the flood-hit people can fulfill their basic necessities. 

And I'll also like to know that how the posting of replies to this article only, is going to help Bihar?

Posted By Vishal Verma on 10/6/2008 3:07:43 PM 

The author has provided an in-depth detail of the Kosi Problem. In reality, it shakes all our claims of being competent with so called Super Powers. I think our government should take some corrective actions so that these kind of disasters do not happen again. Its time to do action action and action. 

Posted By Shekhar Verma on 10/6/2008 3:35:57 PM 

A comprehensive description of the disaster and its reasons.... Unfortunately there is no channel in our so called democratic country where common man can give its opinion and make them work for us ... however, with this posting we can at least make people aware of the things....Thanks to the writer ... 

Posted By Rahul Agarwal on 10/6/2008 4:07:42 PM 

The article gives the real picture of how the drastic catastrophe has ruined the lives of lakh of people in North Bihar. Unfortunately the governance is not paying the required attention. 

This is not just about what has happened, it's a warning for us on what could happen if appropriate measures are not taken in time. 

Such researched articles are required to make people aware of the reality which they don't get to know through media. Worth reading and giving a thought!! 

Posted By Shashank Arun Sinha on 10/6/2008 4:42:10 PM 

Excellent article. It's really first time I got to know the true picture. Till now I was only dependent on the information from TV news channels. It is really a great effort to draw the real picture of the tragedy. The govt should take into account the valuable suggestions given here by the writer. Please don't take the nature for granted. 

Posted By Rahul Deb Mukherji on 10/6/2008 5:42:08 PM 

Real eye opener.Very nice article. 

Posted By Gyanendra Kumar Gupta on 10/6/2008 8:09:30 PM 

Nice article. Shows the depth and knowledge of author. 

Posted By Anil Thatipalli on 10/6/2008 8:21:00 PM 

Nice article. 

Posted By Khushboo on 10/6/2008 9:27:06 PM 

This is a brilliantly written article that gives a full coverage of causes and effects. The writer has precisely pointed out the facts and figures in the article, which is an eye opener for many. 

Posted By Tuhina Dubey on 10/6/2008 10:08:23 PM 

This is truly an eye opener ... The problem needs to be addressed in a much bigger forum. 

Posted By Mitali Lalwani on 10/7/2008 11:38:08 AM 

An eye-opener for the Government ...but seems its still sleeping and innocent people are suffering due to the delay of the permanent cure of this.

Act to bring transparancy in Urban Local Bodies

                            BIHAR, INSTITUTIONS ARE BEING RE-ESTABLISHED

Act soon to bring transparency in Bihar ULBs

Urban Local Bodies in Bihar will soon have a transparent umbrella through which their assets, liabilities and obligation can be viewed by common men

Published on 8/19/2008 4:53:22 PM

By Sarita Yadav

Patna: All the 122 Urban Local Bodies (ULBs) in Bihar will soon have a transparent umbrella through which their assets, liabilities and obligation could be vividly viewed by common men.

The first state in the country to enact the Model Municipal Act ensuring all-round development of municipal areas, Bihar has moved further towards people's empowerment by introducing Bihar Urban Local Bodies Disclosure Bill, 2008.

The Bill already passed by the state Legislature during the monsoon session is awaiting Governor's nod to become an Act.

"As a matter of fact, section 4 of the RTI Act, 2005 has made it obligatory on part of all the Public Authorities, to publish within 120 days from the date enactment of the RTI Act, all relevant details, assets, liabilities, obligations, duties and functions," an official said.

This Bill was in pursuance to this provision, he added.

The Act aims to bring about a transparency in the working of these ULBs. Even after passage of Bihar Municipal Act 2007, the local bodies failed to deliver the goods to the common men.

The state has yet to prepare a statement of its urban policy or strategy. Without such a unified policy document, urban sector works have been fragmentary and have been undertaken by different agencies without close alignment of resources, resulting in grossly inadequate and inefficient urban development.

Despite the breakthrough Bihar Municipal Act introduced by the state in 2007, fully empowering the ULBs to provide all urban services and recover costs, non-municipal agencies like Public Health and Engineering Department (PHED) and Bihar Rajya Jal Parshad (BRJP) retain control of typical municipal functions such as the creation of water supply and sewerage systems.

Besides, the ULBs have very low technical, financial and institutional and management capacity and need extensive strengthening, along with immediate financial reforms, to fulfil their mandate under the Municipal Act.

According to the 2001 census, Bihar had an urban population of only 86.8 lakh, or 10.46 per cent of the total population, versus the national average of 28 per cent.

About 60 per cent of this urban population is in the southern part of the state, with a significant concentration in Patna, and more than 50 per cent is in class I towns (towns with a population of more than one lakh; Bihar had 19 of these in the 2001 census), thus putting concentrated pressure on those towns.

BIHAR LAND POLICY ON ANVIL

LAND POLICY OF BIHAR

The Government of Bihar is coming out with a comprehensive policy namely, Bihar Land Policy, 2008. The draft in this regard has already been prepared by the Revenue and Land Reforms department and is likely to get the Cabinet’s nod within a couple of months. The proposed policy is aimed at streamlining the Land and Revenue Administration, which is already in shambles.

>‘Singur’ and ‘Nandigram’ incidents in the Communist State of W.B. have compelled both Union as well as State Governments to reconsider the existing age old land laws in general and land acquisition law in particular.

This Policy is reportedly divided in four chapters related to land acquisition, re-settlement & re-habilitation, ceiling and land management respectively.

Lands are acquired under the provisions of Land Acquisition Act, 1894 (Act 1 of 1894), which is a Central Act. As this Act has been enacted by the erstwhile Britishers, many provisions are not farmers or land owners friendly and are not congruent with the changing socio-economic and political milieu. Many people from legal luminaries say that this law is biased against the land owners and farmers. In fact, this biasness is the crux of all such problems which are being experienced in many areas including Singur and Nandigram.

This Policy seeks to provide solution to all such problems by framing ‘Ground Rules’ for acquisition. Instead of awarding monetary compensation, the land losers would be rehabilitated by re-settling lands in ‘freely surrendered urban/ semi-urban areas.’ The amount of compensation and ‘solacium’ money have already been enhanced in ‘The Bihar Land Acquisition, Rehabilitation and Re-settlement Policy, 2007, this Policy seeks to ‘institutionalise’ it and make it further investment and rehabilitation friendly. Section 11 of the Land Acquisition Act, 1894 is sought to be amended to give the Collectors more discretionary powers in matters of awarding compensations. Idea is to give ‘human face’ to whole gamut of land acquisition and land management process.

Secondly, the ‘Ground Rules’ are to be framed for re-settlement and re-habilitation to the affected persons. The Policy also seeks to provide livelihood to the land losers and agricultural labours by way of creating jobs in the vicinity of the projects. The policy seeks to constitute a ‘Grievance Redressal Mechanism’ so that the grievances are disposed off more quickly and amicably. It also seeks to make ‘Social Impact Assessment’ of the entire acquisition process and take suitable steps accordingly. The uprooted people will continue to enjoy some of the ‘rights’ like fishing, grazing etc, hitherto not permitted, once the land is finally acquired. 

This policy also seeks to make some exemptions in land ceiling laws in districts like Kisanganj, which is becoming an attractive destination for Tea Cultivators. But surprisingly, it does not say anything about the other districts. The Land Ceiling Act, 1961 has hopelessly failed in this State and there are numerous instances where people are fighting legal battles for the land given to them under this Act in 1970s itself. Moreover, the cultivation itself is fast becoming unattractive and unprofitable, therefore the very continuity of ceiling laws themselves are being questioned today. Urban Ceiling laws have been repealed in most of the States including Bihar and time has come when the entire ceiling laws should reviewed.

Lastly, the Policy seeks to introduce modern technology in Land Management. The land records in this State are hopelessly in shambles. Most of the districts do not have updated land records. The ‘Khatiyan’ or the ‘records of rights’ have had been prepared by the British Government in 1890-1914. Barring few exceptions, the State Government has not been able to complete the second survey operation known as ‘Revisional Survey’ as yet, which had started in 1960s itself. The Policy throws some light on the pathetic conditions of the land records and seeks to update it by way of application of ICT. 

But, according to the information available, the progress in the digitalisation and computerisation of land records is dismally poor. 

The Policy has comprehensively dealt this issue also and seeks to remove all such bottlenecks and make entire records digitalised within stipulated period of time.

But the experiences suggest that here bureaucracy talks more and does less. Few months ago, the Nitish Kr Government constituted one ‘Land Reform Commission’ under the chairmanship of Debvrato Bandhopadhaya, one retired IAS from W.B. cadre to look into the entire gamut of issues and suggest measures to streamline and strengthen the Land Revenue Administration. The Commission has already submitted its report few months ago, but nothing in this regard has been done so far. The bureaucracy treats this issue as ‘low priority areas’ perhaps, because offices like ‘Board of Revenue’ and ‘Land Record Directorate’ are considered as punishment postings for IAS officers. Even when the Government wants to punish some officers, they are posted in these offices. Therefore; attitudinal change has to take place before getting the policy move.

LAW AND ORDER; NEED TO REDEFINE MAGISTRACY

IS THE EXISTING LAW PEOPLE'S FRIENDLY?

CRIMINAL PROCEDURE CODE AND CONSTITUTION OF INDIA

THE amendment to the Code of Criminal Procedure in 1973 was a landmark in the Constitutional history of India, because it marked the completion of the process of separation of Judiciary from Executive, a concept that is enshrined in the Directives Principles of States policy, inserted in part IV of the Constitution of India. Article 50 says ‘The state shall take steps to separate Judiciary from Executive in the public service of the state’ After this amendment, the power of taking cognizance was taken away from the Executive branch of Magistracy and was given to Judiciary. This was a milestone and in a way a landmark in the history of evolution and process of democratization of bureaucracy also. It was conceived that the common citizenry would now be more protected from the bloody claws of Executive branch of Magistracy. However it is a matter of debate as to whether this goal was achieved and the purpose was solved.

The maintenance of public order and tranquility, which is loosely referred as “Law & Order”, remained one area, which came in the share of executive branch of Magistracy. Chapters XA, XB, XC & XD of CrPc are the chapters, which deals in unlawful assemblies, Public nuisances, urgent cases of nuisances or apprehended danger and Disputes related to immovable Property respectively. By and large the sections in these chapters are preventive in nature and are supposed to be executed by the Executive branch of Magistracy. Apart from this, sections 107-124 of chapter VIII of CrPc also give some power to Executive Magistrates, which are purely preventive and prohibitory in nature.

CRIMINAL PROCEDURE CODE AND POLICE MANUAL

We all know that this above-mentioned system is followed in every territory of this Nation except in the areas where Police Commissioner System has been introduced.

The chapter X-A of Cr.P.C., which deals with situation arising out of the breakdown of law &order due to unlawful assemblies, requires a lot of deliberations and introspection because this section has become a contentious issue between the Police and the Magistracy. The section 129 authorizes a Police officer not below the rank of Sub Inspector in absence of an Executive Magistrate to command any unlawful assembly to disperse, whereas; section 130 empowers Executive Magistrate of highest rank present on the spot to command to disperse such unlawful assemblies. Section 132 gives protection against persecution to the officers who have ordered firing on the unlawful assembly.

The above provisions of CrPC have largely failed to come up to the expectations of people as well as the State also. After every police firing on mob, there is a lot of hue and cry. Human rightists, democrats and champions of civil liberty suddenly come on the picture and almost every time the State Government under pressure orders for an enquiry by some Commission. Needless to say that this Commission then embarks and initiates the enquiry, which rarely concludes and gives report on time. Public memory is short and people tend to forget everything. Every one except the relatives of those who lost their lives in the firing and the officers who face the pains of enquiry forget every thing. The above system of ‘Joint’ responsibility & ‘Joint command’ has hopelessly failed. The recent infamous Khahalgaon police firing have again exposed the inherent weaknesses of the present system of dealing with unlawful assemblies. The startling revelation by the suspended SDM of Khahalgaon has raised many questions, which the lawmakers and law enforcers must answer. The suspended SDM reportedly said that he had never ordered the police to open fire and all what has been done was not ordered by him. Media reports and news channels footage suggest that the DM and the SP were present there. If it true then according to section 130 of CrPC, this firing will presumed to have been ordered by the DM and the SP because the District Magistrate naturally is the Executive magistrate of highest rank. It is also very shocking to learn that the erring and rowdy police men allegedly at the behest of DM and SP Bhagalpur made the SDM Khahalgaon hostage in his official residence and threatened him to sign the “firing order” or face the consequences. It is more surprising to learn the even after this incident the Government did not act. This is not a single and an isolated incidence of this kind in this state. Several times the “order” is obtained forcibly by the policemen from the Magistrate.

DISTRICT MAGISTRATE AND SUPRINTENDENT OF POLICE

With the passage of time, the system of deployment of police force and Magistrate has undergone a big change. Now the DMs issue a so called “Joint order” jointly signed by DM and SP, a system which does not figure anywhere either in CrPC or in the Police Manual. The authority of DM has been undermined to such an extent that some times the SPs themselves deploy the police force and ask the DM to depute Magistrates with them. The DM is helpless enough and is left with no option but to obey the written dictates of the SPs. The institution of the District Magistrate is as old as the British period itself. There is no denying the fact that we have inherited the legacy of British and the system of District Magistracy still continues. The District Magistrate is supposed to maintain “Law & Order” in his District. But some people rightly say that the “Law” has gone in to the hands of “Judiciary” and “Order” has gone into the hands of “Police” and the District Magistrate is left with “&” only. Naturally the subordinate Magistrates are the tails of this “&”. This is a very sad situation and therefore must be changed.

If the law & order enforcing mechanism has to be made more people friendly, the executive parts of Magistracy has to be given more “Teeth” and “Claws”. Robert Kligard has said, “Monopoly plus discretion minus accountability is equal to authoritarianism which leads to corruption. For every incident of breakdown of Law & Order, the District Magistrates are held responsible, but when it comes to the real power of policing, the power flows from the stars of the uniform of SPs. Some people rightly say that DMs are no longer District Magistrates rather they are “District Managers”.

PROHIBITORY ORDERS U/S 144 AND POLICE

Even in the cases related to chapter X-C i.e. section 144 of CrPC, the situation is far from satisfaction. This section confers powers on “Executive Magistrates” (EM SDM, ADM and DM) to issue prohibitory orders to prevent occurrence of public nuisances or apprehended danger. This is an order, which is hardly obeyed by parties and complied by the police. The police officer would comply with this order only when it has been promulgated at their instance and serve their purposes. Otherwise this order is never taken seriously by any police officer. In case of its non-abidance, the EM can do nothing except for lodging a complaint in the court of CJM u/s 188 of IPC, which itself is a bailable one. The experience says that this section has lost its vigour and impact to such an extent that people often make mockery of it. On the eve of every festival and election, prohibitory orders u/s 144 of CrPC are promulgated but it makes hardly any difference on the activities of people in general and political activists in particular.

MAGISTRACY AND LAND DISPUTES

Chapter X-D confers some powers on EMs with regard to land and water disputes. There is plethora of cases related to land disputes u/s 145 -147 of CrPC in the courts of EMs in different Districts of Bihar. These cases and orders made therein are hardly of any use and hardly serve any purpose. The EM, even after fully knowing the fact that some powerful persons have forcibly grabbed the land in question and the petitioner has been dispossessed illegally, he can hardly do any thing in this regard, because there is no provision of “Delivery of possession” in these sections of CrPC. The section 145 empowers the EMs only to pass order taking into account the actual physical possession over the land in question. He has been specifically and strictly forbidden to discuss upon and pass orders regarding “Right to Title and Right to Possession”, which is the exclusive jurisdiction of Civil Courts. Thus even after knowing the facts, the civil administration is helpless in this regard and the poor dispossessed Justice seeker is left for running from pillar to post for getting his possession restored. Of course; there is a provision in sub section 4 of section 145 of CrPC that if such dispossession has been done two months before the receipt of information to the court, the EM can make an order and he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub section 1 of this section. It means that even in such cases, in which the dispossession has been done very recently, the EM is technically not empowered to make order and deliver back the possession to the poor and week dispossessed person. It means that if a person has been illegally dispossessed from his rightful property, he has to go to the Civil Court and file either a title suit or an eviction suit for getting his property back to his possession. It is needless to mention here that it will just add “one more number” in the two crore sixty three lacks and 36 thousands cases lying pending in different courts here in India. This is the state of affairs, which surprisingly bothers none including the lawmakers. 

Ours is a democratic and welfare State. We should and must listen to the grievances of our citizen and try to deliver instant justice to them. For this purpose “Janta Darbars or Janta Ke Darbar mein” programmes are held right from CM to DM and BDO to SHO. At every Janta Darbar, the authorities receive huge number of petitions regarding illegal and forcible dispossession from the land. These petitions ultimately reach to the CO of the concerned Block, the last ladder in the revenue administration hierarchy for ‘Needful action’. Now these poor justice seekers fall in the unending processes of dispensation of Justice, because what to talk of CO, even the DM is not empowered to restore possession of land. It is very surprising sometimes to learn that even the DMs ask the subordinate officers to restore possession. The ignorance of law on part of the men in Government and in the press causes lots of confusion and they start blaming the civil administration for not doing anything in this regard. The Electronic and Print media are full of such reports. If in some cases the CO, SDM or DM dares to deliver possession, those persons who had dispossessed the petitioner will naturally drag these officers into court of law. There are hundreds of cases in which officers are facing proceeding in such matters in different courts. Section 145 clearly says that the EM has to pass order stating the “Actual physical possession only” even if the possession is by wrongful means. It means that the EM has to declare only the actual physical possession and say nothing about the right to possession or right to title. In the famous Ram Sumer Puri Mahant V/s State of UP case, the Hon’ble Supreme Court of India has ruled that when a title suit is lying pending in civil court, proceeding under the executive court can not continue. These are some of the glaring examples, which expose the hollowness of these laws.

MAGISTRACY AND PEACE AND PUBLIC TRANQUILITY

Chapter VIII of CrPC provides for provisions related to security for keeping peace and for good behaviour. Sections 107 – 124 deal in these cases in which the EM is empowered to initiate proceedings. When an EM receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond for keeping the peace. When the person fails to execute bond or breach the bond after its execution, he can be sent to jail subject to some conditions. But figures available with Police Head Quarters suggest that the number of persons sent to jails in this section is almost Zero. Gone are the days when these provisions had been very effective in dealing with law & order matters. Now one can imagine very well that when the POTA and TADA have failed, how these sections can be effective. Some times its sounds very joking when we find that some hardened criminals facing 302 IPC charges are asked to execute bond under section 107 of CrPC. The time has come the re-think over this entire gamut of problems; otherwise these provisions will become a stock of laughter.

In any democratic State the executive machinery cannot be allowed to grow its nails and claws in such a way that it pierces and injures its own citizens and infringes upon the human rights and civil liberty of the common people. But at the same time the wings of Civil law enforcing agency should not be crippled in such a way that it fails to fly. Over a period of time, bit-by-bit we have made the civil administration a toothless and jawless agency. That is why in spite of best intention; the civil administration is not performing up to the expectation of the state and the citizen. The protection of human rights and dispensation of justice has been enshrined in our Constitution. The directives principles of state policy, which has been inserted, in part IV of the Constitution of India speaks about separation of Judiciary and Executive. The idea was to protect the citizen from the excesses of Executive. But unfortunately the amendment to the CrPC in 1973 could not fulfill this purpose in the sense that while it curtailed the powers of civil officers, it immensely enhanced the power of police. It is said that the Fire is a good servant but a bad master. After all ours is not a ‘Police State’ and therefore, the police machinery, if allowed to go unbridled, will create more problems than what it will solve. The Police should be given free hand in dealing with the matters related to crime and its investigation. But so far as its role in matters of law & order is concerned, there should be an effective mechanism and safeguard so that it cannot perpetrate atrocities on the citizens. Here comes the role of executive branch of Magistracy. Had there been effective provisions in the CrPC for police firing, the incidents like Kahalgaon could have been avoided. Unfortunately it is not being given the kind of significance and attention, which it deserves. Surprisingly the Administrative Reforms Commission headed by Mr. Veerappa Moily also failed to peep into this aspect of Governance. 

Undoubtedly, India has 17% of world’s population and is making 9% of annual growth. We are poised to become an economic super power. The growing economy, diversifying markets and opening up of societies are adding new dimensions in the governance here in India. There is no denying the facts that the Liberalization, the Privatization and the Globalization (LPG) have thrown many challenges to civil administration, but civil administration does not mean caring for propertied class only. After all only 1.87% population of India are HNI and rest 98.01% are those whose lives still depend on how the civil administration work for them. They cannot be allowed to be swayed away by the market forces. It is here the role of civil administration becomes very important. The growing problems of Naxalism and Maoism are the by products of abject poverty and social injustice. In a state like Bihar, if the land disputes are to be redressed quickly and land reforms to be implemented successfully, more incisor teeth have to be added in the jaws of Executive branch of Magistracy, otherwise things will go from bad to worse. The importance of Executive Magistracy has been underlined by the Hon’ble Supreme Court of India in the famous case of State of Karnataka v/s Praveen Bhai Togadia. The ruling says ‘Courts should not normally interfere with matters relating to law and order which is primarily the domain of the concerned administrative authorities. They are by and large the best to asses and to handle the situation depending upon the peculiar needs and necessities ,within their special knowledge .The courts cannot in such matters substitute its views for that of the competent authority {AIR 2004 SC 2081;(2004) 4 SCC 684.}.

Time has come to redefine the role of the Magistracy vis-à-vis Law and Order. Merely by raising more battalions of Para-military forces, the law and order situation in normal times cannot be improved.

LAND REFORMS IN BIHAR, CAUSES OF ITS FAILURE AND SUGGESTED REFORMS

Hello countrymen,
You must be thinking why land reforms have failed in Bihar? I have elaborated upon it ,So You can read it.

Introduction

Land reforms is an essential precondition for the process of transformation from feudal and semi-feudal society to modern capitalist society. That is why the question of land reforms cannot be seen only in the form of distribution of ceiling-surplus land among poor peasants. In the process of land reforms old classes are destroyed and new classes are born; economic, political and social power get transferred. With the birth of new classes the forms of agricultural production also change, techniques also change, the foundation for the relations between people involved in production changes. Along with this new social and cultural values are also built up. As a whole it can be said that the entire social composition changes.

In this paper an effort has been made to look at land reforms in Bihar in the last 50 years in this perspective. Along with this important debates relating to subsequent steps of land reforms including the possibility of nationalisation of land has also been discussed.

Five Decades of Land Reforms

Probably Bihar was the state where land reforms legislations were first brought in. It is important also to know the rural class composition right before the land reforms. In 1950s, just before the zamindari abolition there were 2,05,927 regularly revenue-paying, permanently settled, holdings. They accounted for 90% of the land area. Legally the zamindars were considered to be the owners of the land. But in reality their role was that of government-appointed middlemen who collected revenue from the title-holders. Revenue used to be paid in cash to the government and it used to be 90% of the revenue paid by the title-holders to the zamindars. But zamindars had the right to collect any amount of revenue as they wished from the title-holders. And then there were the title-holders at the second level who had obtained the right from the owners of the land or from other title-holders to collect revenue. At the third level there were the occupancy ryots who used to pay revenue for the land they had occupied and cultivate the lands by themselves or with the help of the members of their family or by hired labourers or with the help of their partners. They could transfer their rights to someone else. Below them were the non-occupancy ryots who had to pay revenue for occupying the land on a temporary basis. Then there were sub-tenants who had to pay revenue for getting land on a temporary basis from the ryots. At the lowest level of this arrangement were the labourers who in spite of putting in very hard labour did not have any right on the land and who were caught in various exploitative agrarian relations.

Looking at this composition it is clear that between the "tiller of the land" and the government there were many levels of revenue collectors. From the presence of so many levels of intermediaries it can be understood how much portion of the produce the actual producer would get after 90% of the rent went into the hands of the government. It is also not difficult to imagine that in such a situation there was no hope for any sort of development or formation of capital.

In the 30s and 40s, in Bihar a flood of peasant movement was gushing forth. The main role in these movements for zamindari abolition during the British raj was of occupancy and non-occupancy ryots. And tenants-at-will and labourers also participated. This is the reason why the biggest benefit of zamindari abolition went to the occupancy and non-occupancy ryots.

This is the background just before land reforms in Bihar. Its strong effect is clearly visible in the making of various legislations on land reforms and their implementation. Let us discuss these aspects one by one.

1. Zamindari Abolition

First of all, the Bihar government passed the Zamindari Abolition Act in 1947. Then in 1948 this was amended and published as Bihar Zamindari Abolition Act (1948). In 1950, Bihar Land Reforms Act was passed which was approved by the Supreme Court. During this period the zamindars here opposed this act with full force.

With this act the rights of zamindars and title-holders on land and at the same time trees, forests, fish-breeding ponds, markets, mines and minerals, were legally terminated. And these rights were directly vested with the state government.

But the process of implementation of this act was extremely slow. The Assembly and the administrative machinery were full of people coming from these gentry. Land survey records were very old (30 to 40 years old), field survey was progressing at a very slow pace and, most importantly, in spite of the government orders zamindars had not submitted documents of their private estates. By 1952 notices could be sent to only 155 zamindars. Looking at this delay in 1954 and again in 1959 this act was amended. It was then that notices could be collectively sent to all the zamindars in Bihar.

On the other hand, there were various clauses present in this act to protect the interests of the zamindars. Clauses V, VI and VII of this act permitted the zamindars to keep enough homestead land (house, courtyard, backyard, garden lands, ponds, libraries, places of worship connected with the household), khas land (land cultivated by their own draught animals or labourers or by hired draught animals or labourers) and land for the purpose of trade, handicraft or commerce and for storage etc.

On the one hand, the zamindars got these provisions, and on the other, they got a lot of time to utilise these provisions. As a result zamindars started evicting the title-holders fast and occupied large tracts of land in the capacity of occupancy ryots. Only those title-holders could become the owners of land who had the right of occupancy ryots. As has been mentioned earlier, just before the making of zamindari abolition legislation there were 2,05,927 estates. But later the land reforms implementation committee informed that 4,74,000 middlemen were affected by this act. The rate at which they divided their estates to keep their land within the ceiling limits of the amended act of 1950 so as to retain their rights over maximum amount of land is clear from this. According to one assessment the zamindars were successful in keeping 14% or about 15 lakh acres of their own land in the name of special category ownership. Apart from this a large part of public (government's) land was occupied in the name of 'khas' land. And for whatever land that they had to part with they got a hefty amount as compensation. The amount given to all middlemen was about 60 crore rupees.

In all these legislations there was no mention in any way about the rights of the labourers or poor peasants - the actual landless. The zamindars filed thousands of cases in which about 9100 acres of land remains trapped on which the zamindars still retain their hold. Yes, many levels of middlemen were of course eliminated and apart from the strata of erstwhile zamindars who became occupancy ryots those independent landowners who in the days of zamindari system were occupancy or non-occupancy ryots were also among the category of landowners.

In this way we can say for sure that in the first stage of land reforms land was redistributed only among the power-wielding classes.

2. Ceiling

As we have seen, in spite of the implementation of the zamindari abolition act, most of the erstwhile zamindars still retained a large part of their land. A good section of the occupancy and non-occupancy ryots became big jotedars. Thirdly, many rich people from the towns also purchased land in huge amount at whatever available price. With the declared aim of breaking this centralisation of land, for the first time in 1955 the ceiling bill which is called Bihar Agricultural Land (Ceiling and Management) Bill was prepared. Due to the strong resistance by the prosperous landowners this bill remained in cold-storage. In 1961 a very loose kind of legislation - Bihar Land Reforms (Ceiling, Land Allocation and Surplus Land Acquisition) Act - was brought in. In this act any 'person' (not the family) was given the right to keep 20 to 30 acres of land depending upon the category of the land. Apart from this, the right was given to retain 10 acres of land as homestead area, 15 acres for growing fodder in areas specifically delimited, and additional land equivalent to one-fifth of ceiling limits per dependent with the total not exceeding twice the ceiling limit in case the number of dependents exceeding four.

The biggest concession available to the landowners under this act was that within one year of implementation of this act the land which they own in their capacity as ryots could be transferred in the name of such persons who are entitled to inherit that land or could become owners of a part of the land after the death of the landowner. Because of this provision many old and new big landowners of Bihar were able to save most of their land by registering their lands in the names of sons and daughters, grand sons and grand daughters, and other relatives. Apart from this they took maximum advantage of concessions available for Bhoodan, educational institutions, tea gardens and farms etc. This act also permitted the landowners to take back land from non-occupancy ryots given in the name of 'self-cultivation'.

There were amendments to this act in 1971 and 1973 according to which instead of one person the family (one head and three minor children) was considered as the unit and the ceiling limit was reduced from 95 to 45 acres.

As far as the implementation of these acts are concerned landowners retaining ceiling-surplus land on 19 April 1962 were served notices in 1970 and there too only to 125 landowners in the first phase. By 15 March 1981 the government had acquired only 3.69 lakh acres of surplus land and even in that only 2.49 lakh acres were redistributed. It is a strange irony that till 2 October 1996, the distributed government land is 9,64,239 acres, i.e, 3.59 times more than the distributed surplus land. Even the distributed Bhoodan land is much more than this though most of it is infertile. 23% of the land assessed as surplus by the government was left to the owners on various grounds. Landowners again took resort to filing cases and about one lakh acres are under litigation.

Making use of the old provisions of the act the old and new landlords saved thousands and thousands of acres of land. The names of many such big landlords are well known in the districts of north Bihar like Purnea, Saharsa, Katihar, Dharbhanga, East Champaran, West Champaran, Betiah etc. On the other hand, making use of this act the landowners evicted the tenants (non-occupancy ryots) in large numbers. Thirdly, even though poor peasants got title deeds for land they were not well organised. They could not take possession of these lands. Thousands of acres of such distributed lands are still under landowners' hold.

A large part of cultivable land in Bihar is concentrated in the hands of religious and charitable endowments and trusts. Apart from trusts formed by the government, private trusts have also been formed in large numbers. Their aim is to save their land from being taken over under ceiling laws. About two years back the Chief Minister had said that religious Mutts-temples would be allowed to keep lands as one unit but no concrete steps have been taken in this direction till now. Violation of ceiling laws, tenancy laws and minimum wage laws are very common here.

3. Tenancy Reforms

As the third stage in land reforms the question of tenancy reforms came to the fore. The Congress Agrarian Reforms Committee which was known as Kumarappa Committee had suggested that those real tillers who are not themselves the owners of land but who had been cultivating the land hired by title over a period of more than six years, would get the ownership rights over such land. A clear condition for taking back the land for self-cultivation was that it should be cultivated with their own labour. Whenever there was a discussion on tenancy reforms and security of tenure in Bihar, there were evictions of title-holders in large numbers. From the first to the fourth Plan a lot of concern was expressed that in the name of self-cultivation reoccupation of the land by landowners was going on unchecked. The newly emerging landowners started changing the title-holders after every one or two years so that they would never get caught in legal problems. According to one NSS estimate, at least 10% of cultivable land in Bihar is given out on title deeds (if south Bihar is left out where this system is not common, then this percentage is higher for the rest of Bihar).

The most common form of title-holding in Bihar is tenancy. Normally poor and small middle peasants are engaged in tenancy. In some parts prosperous peasants also hire land and till it, specially in irrigated areas. Division of the harvest is the main form of tenancy. Contrary to the tenancy laws, a tenant never gets more than 50% of the net produce. They are not legally protected because all tenancy is oral. There is no written record.

In the absence of infrastructural facility the landowners fear taking up risks in farming. That is why they find it proper to give their land for tenancy at rates higher than the expected rates. The people involved in services and trade in cities or members of upper castes who look down upon labouring in the fields give even their small plots of land for tenancy. In the absence of security to title-holders and due to the changes in tenancy year after year, and finally, due to the exploitative system in the division of harvest, the tenants are not interested in increasing the quantity or quality of the produce. Probably the levels of foodgrains production are much less compared to states of western India and even West Bengal.

All laws made for security of tenancy have proved ineffective till date. The absence of any title deed document is the biggest legal impediment but basically this is a social problem. No government has expressed the political will to solve this problem. Karpoori Thakur, during his tenure as chief minister, had taken up the plan for updating of the land records and keeping tenancy records so as to protect the rights of the tenants. But after this plan went ahead for some time in Koshi division this was stopped saying that "this will become like a survey and tenants would record their names in large numbers leading to disruption of peace in this agricultural area". Even during the JD regime twice there was some talk of providing rights to tenants - tenants could not get their rights but on the other hand they were evicted in large numbers. Their problems remain the same even today.

4. Land Consolidation

Like tenancy reforms the work of consolidation of holdings was given up after some time. Absence of up-to-date records of land itself blocked its progress. Wherever there were efforts to keep it going, large landowners using the muscle and money power took over the fertile land of peasants into their possession and left their infertile lands to them. Seeing an attack on their interests the peasants started opposing land consolidation and finally this process came to a halt. It is said that land consolidation was a major cause for the development of agriculture in Punjab. But in Bihar this has been the reason for peasants' problems.

Some Debates

No matter how partial, incomplete, discontinuous and extremely sluggish the steps of implementation of land reforms were in the past five years it has significantly affected the rural composition of Bihar. Along with the continued existence of old zamindar families possessing thousands of acres of land in some pockets, new type of landlords and rich farmers also dominate the scene in the countryside belonging to both upper castes and backward castes. Their assertion and aggressiveness is quite strong and powerful. Along with this new class, new kind of labourers have also come to the fore. Different from the earlier harwaha who were tied with small plots of land and loans, these are a class of free labourers who work on daily wage basis. Side by side large segments of middle peasantry cultivating their owned land have also emerged. Proportionally with the rise of these new classes the methods of cultivation has also changed. Apart from tenant cultivation now cultivation is done by employing free labourers too. Particularly in irrigated areas this dual system is more pronounced. The use of pumpsets for irrigation and the use of fertilisers and high-yielding variety seeds have increased. Here and there one can see tractors, increasing penetration of capital in agriculture through banks and 'blocks' is an ongoing process.

1. Have the tasks of land reforms essentially been completed?

Seeing these manifestations of capitalist development some people have started saying that the question of land reforms has been essentially solved in Bihar and now with the scientific restructuring of agriculture (putting emphasis on entrepreneurship) and through revitalising the panchayati raj system the remnant agrarian problems too can be resolved. In a sense this is correct. Lenin had referred to two ways of capitalist development in agriculture - landlord path and peasant path. According to Lenin, "in the landlord path slavery and serfdom (in a new form of capitalist way) are preserved to the maximum extent, the development of productive forces is sluggish, the development of capitalism is delayed and large sections of peasants and therefore the proletariat too suffer from extreme disaster, exploitation and oppression. In the other road, the development of productive forces takes place quite fast and the peasantry finds the best conditions for its existence."

Now those who want the landlord class to be transformed into rural bourgeoisie really consider the land reforms to be essentially over. But in that case their claim that it is a 'peasant raj' will be proved to be a hoax. Even after fifty years of independence the declared aim of land reforms is far from over. That is, the direct relation between the government and the actual peasantry has still not been established. And in the rural society the old and new landlords and kulaks are still dominating. These classes not only seriously lack in enterprising spirit they also by appropriating all kinds of government investments in the agrarian sector block the sprouting of the enterprising spirit of broad peasantry.

The political representatives of this newly emerged ruling class don't talk of 'politics' and 'potatoes'; rather, they are busy in the loot of the government treasury and talk of guns and bullets. Their journey from Socialist party to Janata Party to Janata Dal was actually the journey of their alienation from the peasants, the reflection of separation of peasants and kulaks.

'Kisan raj' but extreme deprivation for the peasants! Land reforms may or may not actually develop productive forces but it does create the conditions for the development of productive forces. But in Bihar even after 50 years if productive forces are in such a disarray it itself shows that the road of capitalist development is not the peasant road but the landlord road. If we go on this road the semi-feudal land relation may continue to exist for decades. Should we adopt this road?

2. Protection of tenancy vs. land to the tiller?

F. Tomasson Januzzi writes that we cannot advice 'land to the tiller' kind of land reforms because in that case landless agrarian labourers will also have to be given land and in that case land will be parcellised into so small pieces that cultivation will cease to be a viable activity. Therefore it is better to protect tenancy. This will encourage tenants to cultivate and therefore the quantity and quality of production will increase. In the present conditions as the tenancy in Bihar is oral and unprotected any step towards protection of tenancy would definitely be a step forward. So this is welcome. But pitting it against 'land to the tiller' is a reactionary step. The essence of capitalist land reform is abolition of rent on the basis of landownership, i.e., elimination of ground rent. This only establishes the direct relation between the state and the peasantry while the landlord class is abolished. To remain confined to the protection of tenancy will amount to recognising the system of intermediaries, as well as stopping capitalist land reforms in the mid way. In West Bengal even after 20 years of Operation Barga no steps could be taken on handing over the ownership of land to the tenants. Our studies show that the tenants there in general do not get more than 50% of the produce.

We don't advocate giving land to all agrarian labourers. This is never the meaning of 'land to the tiller'. Agrarian labourers get wage for their labour and therefore for them minimum demands like minimum wage to need-based wages can be raised within the ambit of land reforms. 'Land to the tiller' means abolition of ownership over land of those who do not cultivate the land themselves. 'Land to the tiller' is the last institutional link of the capitalist land reforms which leads to the abolition of land rent determined on the basis of land ownership and the system of intermediaries. As far as the redistribution of land is concerned it should definitely be distributed in a manner so that the land is an economically viable entity.

3. Is land nationalisation an anti-peasant programme?

50 years of experience of land reforms conclusively proves that formulation as well as the implementation of the related laws have been tailor-made to serve the interests of representatives of the landlord class instead of the real tillers. Therefore even today the problem of land reforms continues to pose a stiff challenge. And strong remnants of semi-feudal relations continue to remain major factor behind the deprivation of the peasants.

Land reforms have got entangled in the web of rules, laws and litigations. Actually these laws have provided legality to the landlords' rights over the land. Now if the land has to be taken away from them nationalisation of all the land and its redistribution among peasants is the only way out. This revolutionary road will be quite appropriate to establish the direct relation between the state and the actual tillers.

Land nationalisation is not any socialist programme like socialisation of capital. Rather it the highest stage of capitalist reforms. Right to till the land will remain with the tillers. The state will only possess the right to collect the revenue and to manage the land. Even now the final owner of the land is the state. But for all practical purposes landowners enjoy this right. Through nationalisation the state will take into its own hands this practical right and lease out the land to the peasants by dividing it into viable units of production and for a long period (say, for example 5 or 10 years and more in favourable conditions).

The actual peasants have nothing to fear because they will get at least that much land which shall be taken over from them. It is quite possible that they also get additional amount of land out of the lands taken over from the landlords so that they have at least a viable unit of land. So for actual tillers, even in the worst conditions, even if they don't gain anything, they don't stand to lose anything either.

But for such a radical land reform measure in favour of peasantry a really democratic government in the state and also conscious, organised village-level peasant committees are essential. Only in such a peasant raj can we hope for an unparalleled development of entrepreneurship and diversification in production and opening up of the road to cultural development.