Consult citizens, strengthen RTI, rural jobs, food security

Aruna Roy and Nikhil Dey

WE have two main reasons to suggest what the priorities of the new government should be. The first is in the hope that this newly elected government will welcome citizens’ suggestions and feedback when it formulates law, policy and modes of implementation.

The second is to address “the people” in a democracy with the faith and understanding that citizen-centric democratic processes will eventually result in a state-society-citizen-engagement that will make citizen participation meaningful, far beyond the vote.

 

Roll back oppressive laws, give people space

Over the past decade, democratic participation has become increasingly difficult and even dangerous. Any voices of dissent, or even campaigns and movements that demanded rights and entitlements for people, were discouraged, criticized, and suppressed.

There is a crying need to roll back the restrictive and oppressive practices that have weaponized laws to curtail any form of criticism or opposition. The Unlawful Activities (Prevention) Act (UAPA), the curtailing of the freedom of speech, the Prevention of Money Laundering Act (PMLA), the amendments to the Foreign Contribution Regulation Act (FCRA), and the manner in which these have been misused needs to be brought to a halt in order to make the best use of the energy and expertise of citizens.

The sanctity of physical space for non-violent and democratic protest needs to be restored if India is going to come out of being labelled and evaluated as an “elected autocracy”, or functioning as an “undeclared emergency”.

Rescind and review the unconstitutional and arbitrary revisions that have been made to school textbooks — be it history, civics, political science, science — by the National Council of Educational Research and Training (NCERT) under the National Education Policy (NEP) 2020. Instead promote constitutional, democratic, secular and scientific values amongst children in their formative years.

 

Make the right to information a constitutional right

Reverse dilutions in India’s celebrated RTI Act and ensure it is properly implemented in letter and spirit. It would be appropriate to give the RTI the status of being an explicit constitutional right. This would protect the independence of the information commissioners and strengthen the efforts of citizens in fighting corruption, controlling the arbitrary exercise of power and enable them to make informed choices.

 

Spend more on rural work, food security, pensions

Two laws that have repeatedly saved India’s most economically vulnerable and marginalized people from starvation and destitution have been the National Food Security Act (NFSA), and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). Both laws saved millions of people from starvation during Covid-19. Along with social security pensions, these entitlements can prevent starvation and destitution. But they need to be strengthened in key areas:

Social security pensions have provided pensions from the Central government to the elderly, disabled, and single women, at the ridiculously low and cruel amount of Rs 200 and Rs 300 per month! The number of people covered is so small that vast numbers of the disabled and elderly populations are unable to get any pension at all! It has been left to the states to enhance these entitlements.

Employment guarantees for the rural poor have been undermined by insufficient fund flows. Covid times dramatically showed us the vulnerabilities of the urban poor. Foodgrain guarantees under the NFSA have also been undermined because the increase in population has not been ascertained since the census has not been carried out.

This has been pointed out by the Supreme Court of India, and needs to be urgently corrected.

Rajasthan’s “Minimum Guaranteed Income” law provides a legal entitlement of 125 days a year in rural and urban areas. Those who can work, and want work are given a work entitlement. Those not able to work because of old age, disability, etc, are given a statutory entitlement of a minimum pension of  Rs 1,000 a month with an increment of 15 percent per annum. Perhaps this law should be followed nationally. 

 

A law to protect gig and other unorganized sector workers

Workers in India’s unorganized sector have no social security and no protection by labour laws because they are unable to even get themselves registered in their workplaces. The gig economy has taken the impunity of employers to a new level. They claim piece rate work takes away their responsibilities as employers, as piece rate work has no employer-employee relationship.

However, Rajasthan’s gig workers social security law has positive implications for a large segment of unorganized sector workers. By mandating a transaction-based social security fee to be paid by employers of piece rated (gig) workers into a tripartite social security board, the law manages to pin employers down at three levels:

First, it underlines that even with piece rate work, employers have a responsibility to meet the social security needs of workers. Each transaction can be linked so that no work exits without employer responsibility. Secondly, the digital platform tracks each transaction of the worker. In this way, it automatically registers the worker and automatically deposits the social security fees. Thirdly, it allows for an independent grievance redressal mechanism through the tripartite board. Regulation of the unorganized and unregulated sector can, thereby, be introduced in a practical, trackable way.

Domestic workers, brick kiln workers, mine workers and construction workers can also come under this formulation.

 

Ensure accountability of public officials

Finally, to realize our constitutional and statutory rights and to ensure delivery of basic services, we need an accountability framework. This includes a social accountability law, an independent Lokpal and a whistleblower protection mechanism, to ensure high-level accountability of all public officials. 

 

Aruna Roy and Nikhil Dey are co-founders of the MKSS.