After forcing India to shift from process to product patent in 2005, the US, cajoled by MNCs and aided by multilateral deals, has begun to twist India’s arms again to force her to further change the laws. Prime Minister Narendra Modi is willing. During his visit to the US, he said that India will adopt global rules to be in sync with the developed world. There was mayhem among the Indian pharma companies, civil society and the under- developed world.
During the Indo-Africa summit, most of the African nations urged New Delhi not to bow down to Washington’s diktats. Civil organisations, which along with poor countries and global health agencies had opposed the 2005 amendments, went ballistic. Like in the past, they claimed that if India adopted the new changes, the prices of life-saving drugs would shoot by up to 1,000 percent. It was back to the same old battlefield, although the issues have changed.
Today, it is not about process or product patents. Although that was a tectonic technological shift since the process patent regime allowed Indian firms to dramatically cut down costs and make the same drugs through alternative chemical processes. Today, it is about whether all the new medicines can be patented, and whether there are exceptions to the rules, especially in cases where drugs have to be supplied at cheap prices for the poor.
In technical terms, the fears are about ‘ever-greening’, whereby MNCs prolong their patents and ‘compulsory licensing’, where the government asks third parties to make a drug at a cheaper price even if it is patented. There is also the question of private expenditure on r&d (Research and Development). The MNCs claim that they need stronger patent laws to earn higher profits. The billions of dollar of surplus can be spent on R&D to discover new medicines that are more effective and safer. Their critics contend that the proposed changes will be contrary to India’s public health goals.
Green shoots or ever-green
In 2005, when India opted for product patent to fulfill its commitments under the multilateral Trade-related Aspects of Intellectual Property Rights (TRIPS) agreement, there was an intense debate on the proposed amendments. Under pressure from Parliamentarians, domestic corporate lobby and civil society, the new laws deliberately left a gaping loophole. When confronted with a future reality, where drug prices could zoom, Section 3(d) was added to the Indian Patent Act. Although the wordings were vague, it was a major victory for the critics.
While Section 2 of the Act spelt out what could be defined as a new invention, the Section 3(d) specified that all new inventions might not necessarily be patented. Its sole objective was to prevent ever-greening, whereby MNCs made incremental changes to the chemical composition of a medicine, claiming that the ‘new’ drug has either higher efficacy or safety and renewed the patent after it had expired. Thus, they continued to hold the patent for decades.
Since incremental patent applications were rejected, it allowed the Indian pharmaceutical firms and others in developing nations like China, to make these off-patent medicines, or generics, at cheaper costs. This kept the prices low, not just in India but globally, as India and China emerged as huge suppliers of generics to the under-developed nations. In many cases, the differential between the prices of the patented drug and its generic substitute was 500-1,000 percent.
Obviously, the MNCs were dead against Section 3(d). They felt that it prevented them from getting a genuine patent, earning extra profits and spending the billions of dollar required to make a new chemical discovery. Over the years, they were shocked, when the Indian judiciary ruled that the basic philosophy behind the Section was to curtail the patent rights of erring MNCs. In the famous Novartis case in 2013, the Supreme Court (SC) accepted the distinction between invention and patentability. It said that this distinction “was at the heart of the patent Act as it was framed in 1970, and which is reinforced by the 2005 Amendment in Section 3(d).”
The apex court rejected the contentions of Novartis, a global pharma MNC. The latter’s lawyers claimed that Section 3(d) “is a provision put in ex abundanti cautela non nocet (abundant caution does no harm) to remove all doubts.” They added that the clause operated “only as ex major cautela (out of abundant caution)” that “mere discoveries can never… be considered inventions” under Section 2 of the Indian Patent Act. According to them, while Section 3(d) was aimed to prevent ever-greening, it was never intended to discourage “incremental inventions”.
In response, the apex court observed, “The submission (of Novartis) may appear plausible if the scrutiny of the law is confined only to the Act as it stands today after undergoing the amendments in 2005. But examined in the larger perspective of the development of the law of patent over the past 100 years and especially keeping in mind the debates in Parliament preceding the 2005 amendment, it would appear completely unacceptable.” It added that during the Parliamentary debates, Section 3(d) “was the only provision cited by the Government to allay the fears of the opposition members concerning the abuses to which a product patent in medicines may be vulnerable.”
Intellectual property or Individual prosperity?
Panchayat Pvt Ltd.
Political parties are principally formed according to ideology. Every party, be it the Congress, CPM or the BJP, have a politics of their own and their candidates try to represent people through such politics. However, giving a jolt to all these parties and their political beliefs, a corporate organisation has taken the reins of a gram panchayat in Kerala by winning the majority of seats in the recently concluded local body elections. The corporate takeover of a panchayat in the state is a first of its kind. However, it tells of things to come.
The Kizhakkambalam panchayat is situated 22 km away from Kochi. Elections in the panchayat were being watched closely by the entire state as a corporate company had fielded candidates against political parties here. The ‘corporate party’s’ success is unprecedented; it bagged 17 of the 19 seats in the gram panchayat.
Sneaking in on the democratic electoral process, the Anna-Kitex group, a company valued at Rs 1,200 crore, launched a Corporate Social Responsibility (CSR) initiative by the name of Twenty20, which fielded candidates in all the 19 wards of the panchayat. All other political parties, including the prominent CPM-led LDF and the Congress, drew blank in the unexpected electoral trounce. Meanwhile, the two seats that remained went to an independent candidate and to a Socialist Democratic Party of India (SDPI) representative.
The corporate collective has also won two seats in the block panchayat and fought well in the district panchayat. According to MP Suresh, one of the winning candidates and a member of the Twenty20 executive committee, the win is for their ‘good work’ in the panchayat for the last two years. “We have been ruled by the UDF for the last five years and they have not done anything to improve our living standards,” says Suresh. “When the company came forward to help us with their CSR initiative, the government tried to topple it. But, people have shown full faith in the Twenty20, which is reflected in the polls.”
Suresh recounts the benefits that the company has offered to the public: groceries for half the price and various medical camps for the people. “They have also built 458 houses and toilet facilities for the poor. They repaired roads and brought drinking water facility to the village. The company had spent close to Rs 24 crores in the last two years for the well-being of the people,” says Suresh. Sabu Jacob, chief coordinator of the Twenty 20 and the managing director of Kitex group, says that the csr initiative was started in 2012 to fulfill his father’s dream of improving the society. According to Sabu, his father, MC Jacob, wanted to build an Ayurveda hospital for the people of the village. “But corruption has spread deeply in the functioning of the panchayat,” says Sabu. “Many of our initiatives were opposed blindly. However, we overcome all those difficulties and brought about a massive change in the village.”
Sabu says that Twenty20 was formed with the aim of making Kizzhakambalam a ‘model panchayat’ in the country. “I know it’s difficult but we will work hard to achieve the goal of turning this panchayat into a model panchayat till 2020,” says Sabu. He also wants other corporates in the country to follow his example in order to bring about ‘change’.
Meanwhile, political opponents have branded the Twenty20’s initiative as a ‘selfish business interest’. CPM local secretary PP Baby says that the company has won by influencing the people with might and money. “This is only a temporary victory,” says Baby. The company has also been accused of polluting the village by dumping waste from its factories.
Sabu, however, denies the allegation saying that if such things were true then people would not have voted for them. “People have lost their faith in political parties. If they would have done what they are supposed do, a collective like Twenty20 would not have come up,” he says.
It is indeed the failure of political representatives that has provided opportunity for such corporates to enter politics directly. However, corporates are primarily driven by monetary interests. If the trend catches up, then the public may have a new menace to deal with; that of the corporatisation of democracy
adarsh@tehelka.com
‘Red’ Wave in Kerala
The mood was sombre outside AKG Centre in Thiruvananthapuram, the state headquarters of the CPM, in the wee hours of 7 November. The counting has not yet started for the local body elections in Kerala. Shortly after eight in the morning, news of the United Democratic Front (UDF) win in Pathanamthitta spread a palpable gloom on some faces outside the centre. However, the sad faces turned cheerful when a few minutes later reports started to trickle in that the CPM-led Left Democratic Front (LDF) was leading in many of the municipal corporations including the state capital.
“This (result) would be historic for the LDF and dismal for (Oommen) Chandy,” says an ecstatic party worker. In an emphatic show of its electoral prowess, the LDF secured a big win by pocketing around 58 percent of local bodies this time. And thereby, announcing its dominance at the grassroots level in style.
For the CPM, which received a lot of flak for its strategies in the past, the win is a huge relief and a morale booster before the state Assembly polls scheduled to be held early next year.
It was after a decade of electoral debacles that the LDF displayed a superior show this time. Since 2005, the LDF has not gained anything significant in the state. Unlike the earlier elections, the factionalism, the root cause of CPM’s flop shows, was not that much visible in the party ranks and hardly reflective in the selection of candidates. Moreover, the LDF’s united stand against some of the incidents in the country such as rising intolerance, attacks on writers and beef controversy played a crucial role in their victory.
The growing discomfiture of the minority communities towards the BJP helped the LDF secure many Muslim votes especially in many of the non-Muslim League pockets in north Kerala.
The vigilance court observation that there are sufficient materials to prima facie make out a case against the state Finance Minister KM Mani in the bar bribery case also proved to be a boon for the CPM.
With the fortunes favouring the CPM-led LDF coalition, the front was able to wrest 549 of the 941 gram panchayats. They have also had a upper hand in 90 of the 152 block panchayats, 43 of the 87 municipalities and four of the six corporations in the state.
On the other hand, the UDF could win only 365 gram panchayats, 61 block panchayats, seven district panchayats, two corporation and 40 municipality wards. Adding to its woes, the ruling dispensation suffered a major setback in the Thiruvananthapuram Corporation, where it finished third to the BJP and the LDF.
As for the saffron party, it won 14 gram panchayats. However, the icing on the cake for the BJP was its performance in Thiruvananthapuram Corporation, where it took its tally to 34 seats from six in 2010 and finished second. It also emerged as the single largest party in the Palakkad Municipality. The party has also opened its account in the Kollam Corporation apart from making its presence felt in several municipalities.
The CPM state secretary Kodiyeri Balakrishnan said that this victory is a stern warning to the current UDF government. “The result shows that the people had voted to preserve secularism and against the communal propaganda of the BJP,” said Kodiyeri. Former state home minister also wants Chief Minister Oommen Chandy to quit as he felt that the result is a referendum on the Chandy government.
Dismissive of being worried about the BJP’s surge in the state, Kodiyeri said that the leadership would certainly look into the BJP’s share of votes in the elections but it is not at all worried about its electoral performance.
The impressive show by the BJP in the polls indicates that the party is gradually making deep inroads into the state, which has mostly been governed by the coalitions of the UDF and the LDF.
The BJP, aided by the RSS machinery, has doubled its tally of seats and vote share and registered a significant impact in the state at the expense of the UDF.
Not A Huge Dent In The Road For Reforms
There is one side of the coin. This projects a negative image of a near future where NDA-2 struggles and trips to get several critical reforms passed in the Rajya Sabha. Since the government doesn’t have the requisite numbers in the Upper House and can’t increase them after the dismal defeat in Bihar, the situation will worsen. Therefore, it is goodbye to reforms for now, so think the stock investors, currency traders, economists and the business community.
Then there is the other side of the coin. It shows a positive image. Finance Minister Arun Jaitley said that Bihar was neither a referendum on Prime Minister Narendra Modi nor will it impact the pace of economic reforms. Credit rating agency Fitch claimed that it won’t change the medium-term growth outlook for India because of the Bihar debacle. Several stock market analysts feel that NDA-2 will now talk to the political Opposition to arrive at a consensus on reforms.
Amid these contradictory views, there is talk that the forthcoming winter session of Parliament will be a washout, like the previous monsoon one. The regime will be forced to adopt extra-parliamentary strategies to push through policies, just like it did in the case of the land acquisition Bill where the states were asked to formulate their own laws.
And, come February, the regime could pull off a ‘big bang’ Budget to boost investor sentiment.
Unfortunately, all these perceptions and doubts are based on half-truths and myths. For the sake of simplicity, we shall refer to both as myths given the aggressive and convincing manner in which the half-truths are propagated. Each side uses the data and analysis that suit their conclusions. No one has delved into them in an objective manner. So let’s bust those myths.
MYTH # 1 DOWN AND OUT IN RAJYA SABHA
Within the BJP and its allies, there was a feeling that despite the defeat in the Delhi Assembly election, if they could ride the victory momentum in Jammu & Kashmir and Jharkhand to win in Bihar, this would translate into huge numbers in the future state elections. Thus, the BJP and its allies were expecting to do better in Assam and Tamil Nadu (with the AIADMK) in 2016, Uttar Pradesh, Uttarakhand and Himachal Pradesh in 2017, and Karnataka in 2018. In addition, they would have got a few seats even in Kerala (2016) and West Bengal (2016).
According to niticentral.com, a Right-leaning website, NDA-2 was expected to do well in all the Assembly elections between 2016 and 2018, except in Bihar, where status quo would be maintained. If the predictions turned out to be true, NDA-2 would have got a majority in the Rajya Sabha, thanks to allies like AIADMK and the Odisha-based BJD (though Chief Minister Naveen Patnaik hasn’t supported the BJP unilaterally), besides the nominated members. (Rajya Sabha members are chosen by the Assemblies, so a party that has more legislators across a greater number of states has a bigger chance of electing more members to the Upper House.)
Contrary to this analysis, Aniruddha Sethi claimed that the road ahead won’t be so smooth for the BJP. His calculations showed that NDA-2 “will have a tally of 94 (in the Rajya Sabha) by the end of the term. If one adds the 11 Nominated members, the NDA will have 105 members working for it. The majority needed for the NDA in the Rajya Sabha is 123. Even at the end of the term, with all its sympathetic independents and nominated members, the NDA will still not have a majority.” This, he added, was in the case of “a hilariously optimistic prediction” in the Assembly elections.
However, all these figures will need to be recalculated now. Because political experts now contend that the Bihar defeat will put a brake on NDA-2’s political acceleration in the forthcoming Assembly elections, especially in states such as Uttar Pradesh. Therefore, its strength in the Rajya Sabha, by 2018 or 2019, may be lower than the estimations by Sethi. But what does this mean for Modi’s ability to push through critical legislations in Parliament over the next few years?
Intuitively, one might sense that although NDA-2’s numbers may increase in the Upper House, the logjam with the Opposition would continue. But it is not a completely lost case. Remember that the Congress, which has the largest numbers in the Rajya Sabha, will continue to lose out in the future. Its numbers will drop consistently because of defeats in several Assembly elections already, and its inability to win future ones. The caveat, though, is that the Congress’ fortunes can swing positively since it did quite well in Bihar.
Finally, K M Mani resigns
Kerala Finance Minister K M Mani has made the announcement to put in his papers after a day following the Kerala High Court questioning the integrity of Kerala Finance Minister K M Mani continuing in his office when a Vigilance investigation was on against him. The 82-year-old Kerala Congress (Mani) leader, the long serving MLA in the country, had a disgraceful quit on Tuesday evening. He announced his resignation on Tuesday evening after under pressure from leaders of the Congress and other allies of the ruling UDF from whole of Monday. The resignation has come as a big blow to Mani who showed no remorse even when High Court questioned him for continuing in the office. One of the long serving MLAs in the country, the exit of Mani is doomed as an end to his political career.
He, while announcing his resignation, said that he quit his post as sign of respect for the rule of law. “I am thankful for Chief Minister Oommen Chandy and other colleagues in my front for lending support during the most adverse of situation. I will lend support to UDF and the government,” said Mani to reporters. The resignation letter will be sent to chief minister through a special emissary later.
Along with Mani, Government Chief Whip Thomas Unniyadan also resigned from his post as a show of solidarity to Mani. However, P J Joseph, the vice-chairman of KC (M), has refused to step down along with Mani. Mani had demanded the resignation of Joseph in the steering committee meeting of KC (M) on Tuesday afternoon. However, the veteran leader could not be able to convince Joseph to step down along with him. Mani, who showed no remorse even when High Court ruled against him, stepped after the pressures from his party and front mounted on Tuesday. Opposition LDF too demanded for the resignation of Mani since the court ruled against him on Monday.
The exit of Mani had come after when High Court justice B Kemal Pasha questioned his rationale in continuing in office when he considered an appeal by the director of Vigilance and Anti-Corruption Bureau (VACB) on the bar bribery. The allegation was that a bribe of Rs 5 crore was paid to Mani by the representatives of bar owners association for a favourable decision in opening the closed 418 bars in the state. The Justice said that he was leaving the matter to Mani’sconscience and reminded of the Shakespearian saying that ‘Caesar’s wife must be above suspicion’ while delivering the opinion on the appeal by Vigilance. “In a case like this, it is quite natural for the common man to entertain a feeling that there cannot be a proper investigation by state machinery when the accused is continuing as minister.
With clamour call for Mani’s resignation intensified from Monday, the veteran leader has taken a stand not to step down. This has given dramatic sequences in UDF with Congress come under pressure from its senior leaders. High Command too had interfered in the matter. At last Mani relented to the pressure after when the KC (M) steering committee discussed the matter in a two-hour long discussion on Tuesday afternoon. Mani, meanwhile, delayed his decision when P J Joseph, the vice-chairman of the party, and his faction was not ready to resign along with Mani as a show of solidarity. Joseph faction had made it clear that they will not step down along with Mani. After when, the leader had expressed his willingness to step-down and announced the resignation on Tuesday evening at 7.30.
New rule puts nurses in a quandary
Some 10,000 nurses in the country are in the throes of peril, agony and distress after they were prevented from taking up jobs in countries like Bahrain, Kuwait, Saudi Arabia, Qatar and Oman citing the new rule implemented by the central government in the recruitment of nurses from India. The respective officials select these nurses either for service in government hospitals or private hospitals in those foreign countries. However, the order bans overseas recruitment of nurse by private agencies dated 12/03/2015. As per the order, private agencies are prohibited from recruiting nurses from India.
Nurses who are migrating to ECR countries after 30/04/2015 should obtain Emigration clearance. The order, though, has not said anything about the already selected candidate before the law came to force. Among the numbers, majority of them have already obtained visas and some others are waiting for their visas after being selected through approved agencies. Many of them who have visas were denied entry to the airport citing the order that they have to clear emigration clearance.
These nurses after being selected to various nursing posts in ECR with plum salaries have already resigned their jobs back in India. Most of them are carrying the big burden of paying back the education loans and looking after their poor family. Praveen Kurian, one such candidate, told Tehelka that there are between 6,000-10,000 nurses are stranded like this in the country and most of them are from Kerala. “We have given several memorandum to Chief Minister and the concerned state minister, they have only said that the issue will be solved at the earliest since the central government clearly states that those who have selected before April 30 have no objection in going to ECR countries”, said him. The government had written a letter to External Ministry to put on hold the new rule. Praveen said that so far no step was taken.
“May be because we comprise large chunks of non-voting citizens and politicians are little worried about our fate”, says him in a failed tone. He adds that the collective of these nurses has written to Minister of Overseas Indian affairs, Sushma Swaraj, “If she was a Malayali, she should have easily known our situation,” said him.
Milana, 34, another nurse who was selected for government job in Kuwait, too is wary of the situation. She has quit her job when she was selected for a government job in Kuwait in February, since onwards this woman, a mother of a kid, is trying hard to meet her both ends. “I turned 34, and the age-limit for applying for a nursing job is 35. If the government could not solve the issue at the earliest, I cannot go taking a job abroad in this life. Many such people are in worry over the new rule. Last time when our collective met, a nurse heard saying in the meeting that her marital life is on the rocks as she was married off in the hope that she has a job abroad”, said her. Milana vouches that if the Sushma Swaraj can intervene into the problem. It will be solved.
Meanwhile, the Delhi High Court has recently given orders to the Protectors of Emigrants (POE) to take action within four weeks to solve the issue. But the government had given the explanation that the seat of POE is vacant for the last one month and the court has directed to post an officer at the earliest.
Praveen, Milana and score others are now planning to meet the External Affairs Minister in Delhi by mid-November. They said that no politician from other party has given them help for this except BJP. They have told that they would facilitate the meeting, but still we are concerned about the future. “If we lost this chance, then there is no a second chance for us since the recruitment under the new rule is taking time and the number of people getting job is also low” said them.
Economics of Intolerance
As winter sets in, a number of incidents of attacks along religious lines are sending a chill down the nation’s spine. The rising intolerance is not going unchallenged. Prominent among the voices raised are those of President Pranab Mukherjee, writers and creative artistes who for good measure have returned their official awards. The ruling regime and its ideological allies, confronted the critics. Union Finance Minister Arun Jaitley said that the award-return drama was only a “manufactured paper rebellion” and those who did it included “rabid anti-BJP elements”.
Then came a voice from an unusual quarter: Reserve Bank of India Governor Raghuram Rajan. The governor, in fact, set the peace-loving pigeon among the cats when he claimed that intolerance, be it of any kind, can impede the country’s economic growth. It can scare away foreign investors. In a public speech, he claimed, “India’s tradition of debate and an open spirit of enquiry is critical for its economic progress.” He added diplomatically, “Should ideas or behaviour that hurt a particular intellectual position or group be banned? Possibly, but a quick resort to bans will chill all debate as everyone will be anguished by ideas they dislike.” He was obviously referring to a string of bans by the BJP-ruled states on beef and internet services (though temporary).
Comments like these from a respected central banker raise an obvious question. Is there really a link between religious intolerance and economic growth? If yes, how does the former impact the latter? Does empirical evidence show the global business community shying away from nations that restrict or curb religious and other forms of freedoms? Most important, can Prime Minister Narendra Modi fulfill his grand promises of high growth and ‘development for all’ if he doesn’t rein in the extremist elements?
Intolerance versus growth
Economist Paul Donovan’s recent research argued that “the issue of prejudice in society is not an abstract concept that investors can afford to ignore.” He added that any form of discrimination, be it based on religion, nationality, race, gender or sexual orientation in any country is firmly linked to its economic development. He used the World Economic Forum’s data to conclude that there was a “clear relationship” between the two. While nations that witnessed low growth rates had high prejudices in their societies, the opposite was true for the developed countries.
His reasons for the above analysis were purely economic. “The basic reason prejudice damages an economy is that it encourages the uneconomic wastage of a critical resource (labour). If someone fails to reach their full potential as a worker in society because prejudice denies them equal opportunity, or restricts their career options, then the individual’s full productive potential is denied to society at large,” he claimed. He added that “prejudice has been described as (an) anti-social capital and as behaving as the antithesis of growth enhancing social capital.”
However, he made a distinction between the various kinds of discrimination. According to him, racism and homophobia were most prevalent in under- developed economies. In the case of immigrants, the feelings against them were more of a concern in mid-level economies. In fact, the least developed nations were quite tolerant of the people from other nationalities. Ironically, there was a “loose relationship” between religious tolerance and economic growth.
The fact is that there are several examples of nations that exhibit religious discrimination, but have achieved high, consistent growth over long periods. A notable example is that of China, whose rulers have displayed disdain for religious communities like Buddhists and Muslims in certain regions.
A recent article in Foreign Policy said that in China, Muslim women “either enjoy unprecedented space for religious expression or face more restrictions on their faith than they would almost anywhere else in the world — all depending on who and where they are.”
One can also cite examples of countries that are multi-ethnic, but consider themselves as religious states and which grew at a frenetic pace for decades. Malaysia is one such nation, although its growth has slowed down in the recent past. Donald R Snodgrass’ analysis showed that Malaysia was the world’s tenth fastest growing economy between 1970 and 1990. This was the period when “ethnically heterogeneous countries were underrepresented among the fastest-growing economies and over-represented among the countries that were unable to raise per capital income…”
The question that arises is: are these notable exceptions that prove the rule that religious intolerance can impede growth or do they represent the so-called “loose relationship” between the two? Donovan’s advice to the investors possibly provides the best answer. “For investors, we believe prejudice in an economy should be considered a sell signal. In our view, evidence of prejudice is evidence of a disregard for the maximisation of economic potential and financial returns,” he said.
Mani puts UDF in trouble
The Vigilance Special Court ordering for a further probe against Finance Minister K M Mani has come as a bolt from the blue for Congress led UDF government who was otherwise seen riding smooth on their campaigns for the local body elections to commence within three days in the state.
The Court recently has quashed the final report filed by the Vigilance and anti-corruption bureau into the allegations that Mani took Rs 25 lakh bribe in two installments from office bearers of Bar Hotel Owner’s Association. Judge John K Illikkadan observed that there are sufficient materials for making out a prima facie case against Mani in the bar case. He also ordered R Sukeshan, Investigating Officer to further investigate the matter and “form an independent opinion expeditiously on whether or not there is case to place Mani on trial”. The decision also saw the exit of Director, VACB, Vinson M Paul. Paul said that it would morally incorrect to stay as the director of the department when court has given orders for a further probe. “The further probe in the case should be beyond any suspicion, so I thought better quitting the position” said him to reporters.
The Judge observed that KBHA working president Biju Ramesh’s driver Ambili had stated that he had witnessed handing over of the money to Mr Mani by the association’s working president, Rakjumar Unni at the minister’s resident at 7 am on April 2, 2014. KBHA treasurer Jacob Kurian had testified that John Kallat, another office-bearer, had entered Mr Mani’s house in Pala with Rs 15 lakh collected by the association on March 22, 2014. The order for a further probe has given already ripples across the poltical sphere of the state with only three days left for the first phase of local body elections to take off. Moreover, this has come as surprise to Chief Minister Oommen Chandy who always backed K M Mani not to resign his post bluffing lack of evidence against the latter.
The decision has also lead to a calamitous atmosphere in the state politics with the opposition leaders have already rallied against Mr Mani’s resignation and defending his moral right to continue in office. Though there the court decision has given way to a stoic silence in the UDF, Chief Minister Oommen Chandy came with his support for Mani. Unfazed Chandy said that too much should not be read into the verdict. “During a similar circumstance when a vigilance court made remarks against me in the Palm oil case, I didn’t resign. What I did was only to quit the portfolio then how could I demand a resignation in the similar case,” said him to the reporters. Many opposition leaders have termed it as a false claim by Mr Chandy to safe guard Mr Mani and preventing him from resigning. Opposition leader V S Achuthanandan said that Mani should not be allowed to remain in office for a day.
V S added that Chandy is perpetrating false claims by liking the bar case to that of palm oil. “No case in the history of the country has been sabotaged like this” said him. CPM state secretary Kodiyeri Balakrishnan said that the recent verdict has shown the oppositions protest against the bar both in the assembly and outside proved valid. He demanded for a fair probe under the supervision of the court and made it clear if Mani refuses to step down, there will be stronger protest in the coming days.
Meanwhile, Mani welcomed further probe into the case but maintained that there is no need to step down from the post. He also shared his confidence that he would be exonerated if the case is probed 101 times. The veteran leader also said that the judgment by the vigilance court was not the ultimate one, but only an opinion expressed by the court.
KPCC president V M Sudheean, however, took a safe stand commending too much about the judgment and said that it won’t affect the chances of UDF in the local body elections. Senior Congress leader A K Antony has sought more time to study the order before commending anything on it.
The public have already of the opinion that by denying the court verdict Mani and Chandy are doing themselves a favour which would only back fire the chances of UDF in the local body elections. The bar case, which saw its origin from bar hotelier Biju Ramesh’s revelation to the media on October 31, 2014, saw enough twists and turns and the public fear of a further sabotage in the case in the case if Mani remains in his position as Finance Minister. With any ounce of integrity remains, UDF should remove Mani and settle the fears of an impartial probe in to the case. But it is least expected as the Government is all busy preparing to file an appeal with the High Court in the case as soon as possible.
The hot seat doesn’t pack much punch
Vidya Sangeeth, a young lawyer and anti-corruption activist, is a member of the Thrissur district panchayat from Mulankunnathukavu. She has decided not to contest the local body election this time, much to the surprise of other villagers. Vidya does not want to be a part of the political farce for another five years: she has seen enough in her current tenure as a district panchayat member. Her crusade against the land mafia in the state has irked many and her own party, the Communist Marxist Party (CMP), has deserted her.
In short, Vidya, a socially committed and determined woman politician, has realised that no major political party has the guts to back a candidate such as herself.
The truth is that political parties want to push forward their family members and other ‘favourable’ candidates in order to fill up the 50 percent seats reserved for women in local body elections. Though the reservation ensures ample participation of women in politics statistically, in practice, it seems to fall short of ensuring their interests. “In reality, not a single woman is allowed to operate freely as a politician,” says Vidya.
That the attitude of mainstream political parties is deeply patriarchal is evident from the fact that reservation for women candidates took so much time to get cleared at several levels. This patriarchal attitude continues to resist the changes women’s reservation ought to have brought out in the political scenario in Kerala.
According to a study conducted among elected women representatives by Sakhi, a prominent women’s resource centre, the political atmosphere in the state is altogether discouraging for women. Most of the interviewed women said that they had stepped into politics after having been compelled by their spouses and family members to do so. Consequently, once elected as panchayat members, these women have very limited freedom to set the agenda.
“We have found that gender discrimination and male hegemony is high in the local civic bodies of the state,” says Rajitha G, project coordinator, Sakhi. “Even though a civic body is headed by a woman, most of the decisions are taken by the male party members. The only role of the women candidates is to approve all these decisions.”
Sakhi has interviewed more than 60 women holding office at the block and village level in various districts but they have spoken about such discrimination only indirectly. “Most of them are afraid of criticising the political parties they represent,” says Rajitha.
Having been pushed into politics by the will of others rather than because of their own interests, many of the elected women have to balance out their roles as members of traditional patriarchal family structures and as politicians. Being a panchayat member entails extensive travel and work at odd hours. Executing such duties along with household roles, which are often difficult to forego on account of the rigidity of a deeply gender-biased society, becomes difficult.
Fighting the odds
Sheeja Anil no longer fears criticism. She has faced enough of it in her three-and-a-half year long tenure as president of the panchayat of Chennithala, a small village in the Mavelikkara division of Alappuzha district. She says it is not easy being a woman representative in the region. “Despite the women’s reservation having helped us, we have to face taunts and insults for every action we take,” says Sheeja.
Though it is a holiday, Sheeja’s office is abuzz with activity. “The elections are fast approaching and we have many things to complete before the next governing body takes charge.” Being a gram panchayat president has been a real test for the 36-year-old first-timer in politics who has transformed the panchayat with her efforts. During her tenure, the gram panchayat received several awards such as the Nirmal Gram Puraskar for complete sanitation and waste management, the complete literacy award and the ‘fallow less panchayat’ certification. These awards are proof of Sheeja’s competence as an administrator. In spite of this, she has faced criticism from various quarters whenever she has tried to do something new.
A post-graduate in English, Sheeja entered politics quite coincidentally. In 2010, a year after 50 percent women’s reservation in local bodies was introduced in Kerala; local Congress leaders approached her and asked her to contest the polls. Although reluctant at first, she thought of giving politics a try after her husband encouraged her.
Sheeja won the election on a Congress ticket and took charge of the panchayat in 2012. Out of the 18 members, the United Democratic Front (UDF and the Left Democratic Front (LDF) won eight seats each and the remaining two went to the BJP. The lean majority of the UDF has often posed challenges to the ruling body in taking decisions. “The opposition always stood there to counter every decision we made. They seldom cared about the merit of the projects I undertook. They targeted me and demanded my resignation every time I proposed an innovative project,” says Sheeja.
Sheeja’s example shows that it is a tough road for women elected in local bodies as a result of reservation for women. However, her story is one of overcoming these odds. As a woman with a modern outlook, Sheeja had to face vindictive criticism springing from the narrowmindedness of people. “Those initial days, after I took charge of the office, were depressing,” she says. But she braved it all and went ahead to concentrate on her duties. She addressed long-standing issues such as bad roads, poor drinking water facility and flood woes.
She made use of social media in order to easily interact with people. She was criticised by the opposition for this progressive step but went ahead with it. “With everything going digital, we thought we should make use of the technology ourselves. We learnt everything from scratch and the effort paid off in the end. Even the district collector of Alappuzha lauded our effort,” says Sheeja.
Sheeja also started a project under which basic military training would be given to the youth of the panchayat. The project helped many secure a job in the army and helped in keeping youngsters fit. Furthermore, her efforts helped in turning more than 925 hectares of barren land in the panchayat into cultivable land. This also got the panchayat a state award in 2014.
In her first tenure, Sheeja has more than proved her potential as a good administrator. However, despite the laurels she has got for the panchayat, she will not be contesting for a second term. She says that the decision is due to personal reasons, but it makes one think why a competent person would not want to get elected again. Perhaps it is because of the fact that despite reservation for women, the road to gender equality in politics is still a tough one.
adarsh@tehelka.com
