India Legal 29 February 2016

NDIA EGALL
February 29, 2016 `100
www.indialegalonline.com
I STORIES THAT COUNT
WILLTHEREBE
ANOTHER
COVER-UP?
RKPachauri
16
MNREGA:
Why is Modi
celebrating
a “failure”?
Ajith Pillai 22
Legal respite
for Good
Samaritans 60
Zika’s
dangerous
bite 70
Amma,Didi&Behenji
Kalyani Shankar:
Will the Bengal Tigress roar again?
R Ramasubramanian:
Will Jayalalithaa’s super branding
tactic pay off?
Interviews
New FICCI chief on why
laws must change
Maharashtra
Advocate-General
Shreehari Aney explains
why he has appealed
Salman Khan’s acquittal
76ThePrezremembers
BOOKEXTRACT
Meha Mathur:
Will Mayawati be able to retain her
vote bank?
RameshMenon
SPOTLIGHT
SEXUALHARASSMENTREDUX
34
28
38
52
46

INDELIBLE SCAR?
Pranab Mukherjee, a
loyal Congressman,
was expelled from the
party by then prime
minister Rajiv Gandhi
in 1986
INDIA LEGAL February 29, 2016 3
Mukherjee, who had been one of Indira
Gandhi’s most trusted lieutenants and a proud
inheritor of Dr BC Roy’s colossal Congress role in
West Bengal’s politics, had fallen from grace under
the new dispensation led by Rajiv.
One reason was that Rajiv was led to believe
that Mukherjee had fired the first shot against the
Nehru-Gandhi dynastic tradition by staking claim
to the prime minister’s post following Indira
Gandhi’s assassination. Mukherjee had already
paid the price for that: Rajiv abruptly dropped
E carry in this issue a chapter
from President Pranab Mukh-
erjee's book The Turbulent
Years. It is a vivid account of a
significant downturn in the
vicissitudes of his political
journey which culminated in
his occupying the highest and most exalted office
in the land.
He recalls those events through a series of
meetings he had with journalists at the time.
Among those he cites includes one with me. He
recalls: “In May 1986, I told Inderjit Badhwar of
India Today: ‘I have been a proud Congressman...
Nobody can take my contribution away... To those
who think I have no power base, I can only say that
I will remain an activist. I believe in the Congress’
ideology, and in whatever way I can, I will propa-
gate that.’”
I remember it well. And I will narrate here the
events which led to this meeting as well as what
transpired because they continue to shed light on a
bane that afflicts the political system in India: the
lack of inner-party democracy within parties.
My meeting with Pranab Mukherjee was a
longish interlude. It lasted about three-quarters of
an hour. What led to it was the paranoid state of
the ruling Congress Party under Prime Minister
Rajiv Gandhi. Rajiv’s “coterie” as the politicians in
his inner circle of advisors were called, had been
filling their young leader’s ears with gossip that a
subterranean cabal backed by former finance min-
ister Pranab Mukherjee and fronted by stalwart
octogenarian Kamlapati Tripathi was conspiring
to dethrone him and split the party.
W
AN ENCOUNTER
WITH THE
PRESIDENT
INDERJIT BADHWAR

government’s initiatives on various issues. I wrote
at the time that they touched upon several genuine
grievances—electoral reverses, national disinte-
gration and lack of cohesiveness and the presence
of “turncoats” (former anti-Indira politicians) in
positions of power. Several Congressmen agreed
on the turncoat issue—Rajiv’s pampering of politi-
cians like Margaret Alva of the Congress (U) in
1979, Arif Mohammad Khan (Janata, 1978),
Amarjeet Kaur (Janata, 1978) and KC Pant,
Congress (S), 1977-79, who were abusive toward
his mother or had hopped parties.
The most acerbic of them all, signed by
Tripathi, accused Rajiv of having lost touch with
partymen and surrounding himself with syco-
phants. Rajiv’s advisors, among them Arjun Singh,
VP Singh, PV Narasimha Rao and Arun Singh,
suspected Mukherjee of being the ghost writer.
Rajiv retaliated without warning by expelling
Mukherjee from the party at the end of April 1986.
(He did not remove Tripathi but later had him
trashed and humiliated at a Congress Working
Committee meeting).
On that hot morning, I received a call from a
reporter at India Today (I was then editing the
magazine) that “Pranabda” had been expelled by
Rajiv. They wanted to run an interview with him.
As it turned out, Mukherjee was my neighbor in
Delhi’s Greater Kailash-2. He lived in a modest
bungalow. He did not appear to socialize much,
and one hardly ever saw him. Those were not
Z-security and NSG Black Cat days.
B
ut on that particular day, there were an
additional two policemen in the small con-
tingent that guarded his house. I had earli-
er called his number to seek an appointment. His
wife answered, put me on hold, and then asked me
to come over. Mukherjee had agreed to speak to
me notwithstanding the fact that he had been
burned by an earlier press interview he had given
to Pritish Nandy of The Illustrated Weekly.
After being cleared by the guards, I was greeted
at the door by Mrs Mukherjee (she passed away in
2015) who introduced herself by her first name
Suvra. She began to speak immediately of an
explosion which had occurred in her home some
days earlier as she led me to a small living room
adjoining Mukherjee’s study. I reproduced that
conversation in a report I filed for India Today:
“‘Strange things have been happening to us
during the last few months,’ Shuvra Mukherjee,
him from his first cabinet after his landslide win in
1984 and then, from all important party posts.
His unpopularity with the coterie intensified
following developments in the next two years. At
the AICC session in Bombay in December 1985,
Rajiv had made his famous fire and brimstone
speech. He excoriated his own party for having
become the prisoner of touts, power brokers,
influence peddlers and money changers.
I
t signaled a purge. Congress backroom chatter
was full of talk that Rajiv was on the warpath
against “Indira loyalists”, and a situation was
developing similar to the one in the late 1960s
when Indira Gandhi split the party by ousting
Morarji Desai’s “old guard”. The dissent within the
Congress was palpable. The party’s poor perform-
ance in local body elections in 1986 gave Rajiv’s
critics their chance to express themselves.
Rajiv received a flurry of letters questioning the
Rajiv was led to believe that Mukherjee
had challenged the Nehru-Gandhi
dynastic tradition by staking claim to the
PM’s post after Indira’s assassination.
LETTER FROM THE EDITOR
4 February 29, 2016

ting in the living-room, my children, and some
friends, and chatting when we heard this loud
noise,” said his wife. “We thought it had come from
outside the house. We went out in the front and
realised that it was in our own backyard, in the ser-
vant’s bathroom. There was a lot of smoke coming
out. And the roof had been blown out. We had no
police guard until this happened.”
Shuvra then told me that she now sees a possi-
ble connection between this incident and others
that had happened previously. On January 21, she
says, she had gone to visit an old friend in
the former minister’s wife confessed. “But until
this explosion, I did not think there was a pattern
to any of it. I thought they were all unrelated inci-
dents but now I’m beginning to get frightened.”
She said that she and her family—rather than
Pranab Mukherjee directly—had been the targets
of most of the harassment. ‘Someone is trying to
get to Mr Mukherjee by frightening his family. I
don’t know who these enemies are or what
they want.’
“Shuvra revealed that she has also been receiv-
ing anonymous letters. ‘Most of these letters sound
the same. They say things like, your husband
knows too much. He has been talking too much.
He is visiting West Bengal too much and should
stay only in Delhi. We are going to make you a
widow. We have been harassed before but never
like this.’”
S
he then led me into Mukherjee’s study when
he was ready to receive me. He was wearing
a white kurta, smoking a pipe and poring
over a newspaper. He nodded a greeting and I
started our conversation by mentioning the explo-
sion. He replied: “I am a political man and some-
times these things happen in politics. I am
not scared for myself but my family is naturally
worried. I do not know who is really responsible.
All I can say is that the matter is now with the
police and it is for the police to find out who is
doing what.”
The former minister was not at home when the
blast occurred at around 9.45 p.m. “We were sit-
RAJIV’S ADVISORS
(L-R) Arjun Singh,
VP Singh, PV
Narasimha Rao
(Below) Margaret
Alva was among
those pampered by
Rajiv Gandhi
UNI

the record. It was in this context that he told
me what he has quoted in his book. The quote is
accurate. His answer was in response to a direct
question about his feeling of loyalty to Rajiv and
his party.
In fact, he openly shared the contents of a letter
he had written to Rajiv in which he had detailed
electoral losses in mid-term polls and local body
elections and asked the party to introspect.
“Is this an anti-party activity?” he asked with
considerable emotion in his voice. Then he turned
his face away from me, took off his glasses and
began wiping them. When he turned towards me
again, his eyes were brimming with tears. I recall
him telling me even as his eyes welled: “I stuck
with Mrs Gandhi through thick and thin. I was
with her in all her moments of crisis…and now to
be treated in this manner…”
The President went on to form his own regional
party, with little or no political success before he
was asked to rejoin the Congress a couple of years
later. The rest is history.
Ramakrishnapuram and parked her Maruti out-
side the house. When she came out of the house,
she saw a fire burning underneath her car. After
she raised an alarm, and the fire was doused, it
turned out that the blaze had been caused by a
cloth which had been soaked in kerosene and set
afire underneath the car’s petrol tank.
“I thought this must have been an accident or
the work of some crazy people.” she said. “But what
was really strange was that within 20 minutes of
this, about 20 close friends of mine in Delhi and
Calcutta, including my brother and sister, received
anonymous telephone calls saying my car had been
blasted. How do they know my friends’ names and
telephone numbers?”
“Most of these letters sound the same. They say
things like, ‘your husband knows too much. He has
been talking too much. He is visiting West Bengal
too much and should stay only in Delhi. We are
going to make you a widow.’ We have been
harassed before but never like this.”
Her husband changed the subject. He began
chatting with me quite frankly about his expulsion
from the Congress and much else which was off
BLUE-EYED BOY
(Above, L-R) Arif
Mohammad Khan
(Janata, 1978)
Mukherjee's wife
Suvra was quite
disturbed by
certain developments
during that phase
editor@indialegalonline.com
LETTER FROM THE EDITOR
6 February 29, 2016
Pranab Mukherjee began chatting with
me quite frankly about his expulsion
from the Congress and much else
which was off the record.
UNI

FEBRUARY29,2016
NREGA U-Turn
The Congress’ flagship scheme once drew heavy flak from Prime
Minister Modi. His government is now pushing it as its own initiative
pending assembly polls in various states. AJITH PILLAI
Pachauri Redux
New sexual harassment charges return to haunt the TERI chief. Will
he be able to beat the odds again? RAMESH MENON
16
LEAD
22SPOTLIGHT
STATES
Mamata’s Magic
As the first woman CM of West Bengal gets ready to face the electorate
in May, will Didi be able to retain her mass base and emerge victorious
once again? KALYANI SHANKAR
28
34
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Editor
Inderjit Badhwar
Managing Editor
Ramesh Menon
Deputy Managing Editor
Shobha John
Executive Editor
Ajith Pillai
Associate Editors
Meha Mathur, Sucheta Dasgupta
Deputy Editor
Prabir Biswas
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Anubhav Tyagi
8 February 29, 2016
Amma’s Generosity
Tamil Nadu’s growing bunch of “Amma products” and services are being
seen as attempts by Jayalalithaa to build a personality cult but at what
cost to the state exchequer? R RAMASUBRAMANIAN

After cracking down on Jet for allowing Sonu Nigam to croon on a
flight, the DGCA has been lambasted for being wishy-washy and
for its lack of technical knowledge. SHOBHA JOHN
With the Modi magic fading
and SP proving inept,
Behenji’s BSP is preparing
for a comeback in 2017.
MEHA MATHUR
DGCA: Dull Guy of
Civil Aviation?
REGULARS
Cover Design: ANTHONY LAWRENCE
Edit............................................................................... 3
Quote-Unquote........................................................... 10
Ringside..................................................................... 11
Supreme Court........................................................... 12
Courts......................................................................... 14
National Briefs.......................................................27, 44
International Briefs.................................................55, 59
Campus Update......................................................... 69
Figure It Out............................................................... 75
Wordly Wise................................................................ 81
People......................................................................... 82
INTERVIEWS
Maharashtra’s outspoken attorney-general Shreehari Aney
explains why the Salman Khan case is flawed and why he sup-
ports a separate Vidarbha state. NEETA KOLHATKAR
“Slow but Sure Growth”
Despite a dire forecast, FICCI president
HARSHAVARDHAN NEOTIA believes the Indian
economy will continue to move ahead. Now is the
time to accelerate reforms, he tells RAMESH MENON
The killing of an IAF
officer in Kolkata by a rich
man driving an Audi has
highlighted how the
politically connected use
their clout to influence
probes. SAJEDA MOMIN
GOVERNANCE
AVIATION
It rarely kills but is linked to babies with malformed brains.
With WHO sounding a global alarm, India has reason to
fear and must move fast to protect itself. RAMESH MENON
Zapped by Zika
HEALTH
BOOK EXTRACT
76
70
FollowusonFacebook.com/IndiaLegalMagazine
andTwitter.com/IndiaLegalMag
40It would not be surprising if the LDF comes to power in
Kerala this May riding on the solar scam which directly
implicates Chief Minister Oommen Chandy and the UDF
government. NAVEEN R NAIR
46
64
52
Dignity for
Do-Gooders
6038Maya’s
Rising Star
In the Shadow of the Sun
“People before
Government”
CRIME
Audi-cious
Conduct
56
Exiled from the Congress
In an excerpt from his autobiography, The Turbulent Years,
President Pranab Mukherjee looks back at a period when he
lost the trust of then PM Rajiv Gandhi and became the fall guy
A notification spells relief for Good Samaritans who risk harassment
when they report a mishap or take a victim to hospital. AJITH PILLAI

“Our nation has grown
from strength to strength
since Independence (and)
it is primarily due to our
steadfast adherence to
the principles enshrined in
our constitution.”
—President Pranab Mukherjee, at
the 47th Conference of
Governors, at
Rashtrapati Bhavan
QUOTE-UNQUOTE
“I don't think God’s dignity, whom we worship,
is capable of being polluted by human
presence, and he or she who wants to worship
should be free to...If one wants to go to the
temple, I believe it's wrong to bar her on
grounds of gender and especially
between specific ages. This is
my personal view, not as a
party person.”.
— Shashi Tharoor, on women’s entry to
Sabarimala temple, on NDTV
“Politicians can say what they want. We
don’t hire people based on castes,
creed or political compulsions. We hire
human capital based on merit and skill
suitable for our
companies.”
—Biocon CMD Kiran Mazumdar
Shaw, on a government
panel’s recommendation to
have quotas in the private
sector, in Hindustan Times
“If the message is not going
from top to bottom, then it
becomes your responsi-
bility to ensure your
parents are not driving
without wearing a seat
belt or a helmet on a
bike. Please tell them
not to do so. I want
you to do this and
pledge this to me. We
are losing many lives.”
—Sachin Tendulkar, while
launching a road safety
campaign in New Delhi
“My judges are sitting under trees
to dispense justice! But with just
16,000 judges to decide 3.2 crore
cases, it may take 300 years to
clear the backlog.”
—CJI TS Thakur, in The Week
“Prime Minister visited Pakistan by
breaking international laws. He also met
Dawood there. Let him (Modi) deny. I will
give evidence. Who all did he meet
behind closed doors?”
— Uttar Pradesh minister,
Azam Khan on PM Modi’s impromptu
Lahore visit, in The Indian Express
“Difference of opinion between
two countries is not unheard of.
What is unusual is that for 6-7
decades, we have not been able
to get rid of these differences.”
— Pak Prime Minister Nawaz Sharif,
addressing a joint session of Assembly
of PoK on Kashmir Day
10 February 29, 2016

The judiciary must not take on the coloration of
whatever may be popular at the moment. We are
guardian of rights, and we have to tell people things
they often do not like to hear.
—Rose Bird (1936-1999), 25th Chief Justice of California
VERDICT
Aruna

SUPREME COURT
Flouting chain of command
Taking umbrage at a Jaunpur resi-
dent for challenging its decision
in a district court, the Supreme
Court slapped contempt charges
against him and asked him to be
physically present in the Court to
explain his conduct.
Mathura, who had lost a pro-
perty case in the apex court, had
challenged the judgment as “false
and frivolous”. In a rare turn of
events, the civil judge also took up
his plea and issued notice to Sobha
Nath who had won the case.
The matter was brought to the
notice of the Supreme Court by
Nath who wanted the apex court to
issue contempt notice against
Mathura. He also pleaded that the
Court must take stern measures so
that such instances of violating judi-
cial discipline were not repeated in
the future.
The apex court however
refrained from taking action against
the civil judge as of now.
Aray of hope emerged for the LGBT
community that was almost staring
at a dead end on the issue of decrimi-
nalizing gay sex.
In response to a batch of curative
petitions against Section
377 of IPC, a three-judge bench of the
apex court left it to a five-judge consti-
tution bench to either admit the petitions
and issue notice to the government or
reject them.
The bench took notice of the argu-
ments made by the LGBT community
but felt that since serious constitutional
issues were involved, it was prudent
that a constitution bench took it up. The
constitution bench is to be set up short-
ly by Chief Justice TS Thakur.
The LGBT community pleaded that
making consensual sex among adults of
the same sex a punishable offense took
away their right to privacy and dignity.
The Supreme Court had earlier
struck down review petitions by the
LGBT community in January 2014.
Prior to that, it had, in December 2013,
struck down a Delhi High Court verdict
of July 2009 decriminalizing gay sex.
The apex court had observed that the
prerogative to tamper with Section 377
lay only with parliament.
The curative petitions were filed by
Naz Foundation, Voices Against 377 and
six individuals, including filmmaker
Shyam Benegal.
Hope for LGBT
community
Congress MP and former UPA minister
Adhir Ranjan Chowdhury got a piece of
the apex court’s mind on politicians contin-
uing to occupy ministerial bungalows much
after they ceased to be ministers. The Court
pointed out that Chowdhury had already
overstayed in his Type-8 house at New Moti
Bagh, south Delhi, allotted to ministers and
must vacate immediately.
The Delhi High Court had earlier turned
down Chowdhury’s request to stay in the
bungalow. Chowdhury had challenged it in
the apex court.
Advising the MP to have some dignity,
the Court commented that legislators
staying put in official bungalows was a
serious malpractice. It did not heed
Chowdhury’s plea that he was paying mar-
ket rent for the bungalow and other legisla-
tors were also overstaying, but the court
was not convinced.
As an MP Chowdhury can stay in a
Type-6 house. He was provided an alterna-
tive accommodation by the house commit-
tee of the Lok Sabha.
Adhir asked
to vacate

—Compiled by Prabir Biswas; Illustrations: UdayShankar
The Right to Information Act can’t be used for
identifying the names of examiners who
checked answer sheets in competitive exams,
the Supreme Court ruled. This was important
to ensure their safety and nip corruption in the
examination system, the Court observed.
The Court however allowed that scanned
copies of answer sheets and all information
related to marks obtained in interviews could
be demanded under the RTI.
The Court also struck down a Kerala High
Court verdict which had asked the state public
commission to let out the names of the examin-
ers who had checked answer sheets.
Inconsumers’interest
Athree-member committee was set up by the
apex court to find out how the consumer
forums and courts function. The panel was
asked to probe on a checklist of nine points. It
was also given the responsibility to come up
with ways to tone up their working.
The court was seized of the matter after the
center held that it saw the need for removing
shortcomings in the functioning of forums and
commissions. This, it agreed, was essential to
make them purposeful and efficient and for
quick disposal of consumer disputes.
Okayfor“MakeinIndia”
The “Make in India Week” programme, slated
to be inaugurated by Prime Minister Narendra
Modi, will be held on schedule from February 13
to 18 at the Girgaum Chowpatty beach in
Mumbai. The Supreme Court permitted the
Maharashtra government to hold the event.
It put on hold the Bombay High Court verdict
denying permission. While hearing the appeal by
the state government against the High Court
order, the Court was satisfied by arguments that
no permanent structure will come up at the site
and there will be no traffic problems in
south Mumbai.
The Board of Control for Cricket
in India (BCCI) was pulled up
by the apex court for delaying the
implementation of the Lodha
Committee recommendations.
The committee appointed by the
apex court and headed by former
chief justice RM Lodha had come
up with its report on reforming
the board on January 4.
The Court warned the BCCI
that it will brook no excuses or
further delay. It said it would be
forced to ask the Committee to
carry out the reforms if the BCCI
failed to comply. The Court point-
ed out that the suggestions made
by the Committee were in tune
with the times, rational and
understandable, and were arrived
at after wide ranging consulta-
tions with all stakeholders. It felt
that BCCI should not have any
difficulty in carrying out the sug-
gestions. The court agreed that
there will be uncomfortable
shake-ups in BCCI but that
was inevitable.
BCCI was given a deadline of
March 3, the next date of hearing,
to apprise the Court as to how it
planned to go ahead with the
suggested reforms.
Hope for prisoners
The Supreme Court took up the
cause of prisoners in India,
saying they too are human beings
and entitled to rights, dignity and
sympathy. The Court was refer-
ring to the lack of basic facilities
for jail inmates. It asked the cen-
ter and the state governments to
ensure these for prisoners.
Pointing out that overcrowding
in jails was a major issue, the
Court directed the prison authori-
ties to work towards freeing pris-
oners who were still in jail in case
they could not arrange money for
bail bonds. It also asked the
Undertrial Review Committee to
take stock of undertrials and
convicts who have served the
full sentence or are due for
release after remission and take
steps to free them.
The Court also said undertri-
als who had already served half
the sentence which they would
have been awarded for the
offense, must be set free.
It also called for providing
quality legal assistance to the
accused too poor to afford
lawyers. It also observed that
prisons be computerized.
BCCI
must act
Nodisclosureofexaminers
13INDIA LEGAL February 29, 2016

COURTS
Lord Ram taken to court!
He filed a case against none
other than Lord Rama in a
Bihar court. However, his case
was not only dismissed for
being impractical, he was
slapped with a defamation
charge for hurting religious
sentiments and seeking the
limelight, that too by his own
colleagues.
Chandan Kumar Singh, a
lawyer, felt strongly that Lord
Rama had wronged his wife
by suspecting her loyalty
towards him. After she was
rescued from demon king
Ravana, Rama asked her to
prove her fidelity. Singh only
wanted the court to accept the
“reality” to send a strong mes-
sage that even gods did not
show respect to women.
So miffed were his
colleagues that they even
approached the Bar Council
for cancelling Singh’s license
to practice. They strongly
believed that Singh was a
habitual attention-seeker
through filing of meaning-
less litigations.
An undeterred Singh, how-
ever, promised to file a case
again as he felt that all accu-
sations against him were
unsubstantiated and frivolous.
The Bombay High Court took
strong objection to the Railways
putting up hoardings facing roads on
suburban routes in Mumbai. It want-
ed to know whether the public trans-
porter had sought the permission of
Brihanmumbai Municipal Corporation
(BMC). It did not agree with the
Railways position that it had abso-
lute right to do so as the hoardings
were installed on its premises and
threatened to pull down each and
every hoarding if the Railways was
obstinate. It agreed with the BMC’s
plea that the Railways was obliged
to follow the Corporation’s guide-
lines on the issue.
BMC had moved the Court after
it failed to get the Railways to
remove “illegal” hoardings. The
Railways had even warned BMC that
it would arrest BMC officials who try
to pull down the hoardings under the
Railways Act and seek damages.
BMC nod a must
AcquittalinMuzaffarnagarcase
Actor Kiku Sharda’s arrest was further stayed by the
Punjab and Haryana High Court till March 10.
Sharda, who became popular as Palak in Comedy Nights
with Kapil, was arrested by the Haryana Police in
January for lampooning Gurmeet Ram Rahim Singh, the
Dera Sacha Sauda head, in the show. But later the High
Court held that Kiku could not be arrested on the basis
of the FIRs registered by the Haryana police.
Kikugetsastay
In a significant verdict, 10 people who were accused of
arson and murder of a boy and a woman during the
2013 Muzaffarnagar riots were let off by a Muzaffarnagar
court recently. The court did not find any evidence to hold
them guilty. It is the first case in these riots where the
accused have been freed by the court. A Special
Investigating Team probing the riots had filed a
chargesheet against them.

— Compiled by Prabir Biswas; Illustrations: UdayShankar
Lashing out at corruption
The Nagpur bench of the
Bombay High Court
lashed out at rampant cor-
ruption all over India and
asked people to protest
against the social evil. It
also went on record to
state that they should stop
paying taxes if the govern-
ment is unable to rein in
the “hydra-headed mon-
ster”.
The bench was dealing
with a case involving
embezzlement of funds ear-
marked for poor members
of the Matang community
in Maharashtra. The state
government, as well as
Bank of Maharashtra, had
looked the other way
despite being in the know.
The Court did not allow
bail for Pralhad Pawar, the
Bhandara district manager
of Lokshahir Annabhau
Sathe Vikas Mahamandal,
who was responsible for
disbursing the funds.
The district manager was
accused of misappro-
priating `24 crore.
No respite for Delhi
In a startling revelation, Dr MP
George of the Delhi Pollution
Control Committee (DPCC)
made it clear before the Delhi
High Court that the capital
could never achieve “safe lim-
its” for pollution and at best
“moderate pollution” limits
could be accomplished. This
was mainly due to the geo-
graphical location of the capital,
he informed.
The Court had taken up suo
motu the issue of air pollution
in the capital and had asked
George to throw light on and
expound details of a DPCC
report on air quality for the last
five years in the city.
In the disclosure, which
George said was his “personal
opinion”, he clarified that
Delhi will continue suffering
high pollution due to the move-
ment of air and dust storms in
the Indo-Gangetic plain.
Former Haryana CM Om Prakash Chautala, who is
serving a 10-year jail term for his involvement in the
teachers recruitment scam, was on February 1 granted
parole for four weeks by the Delhi High Court. The Court
considered his plea that the relief was essential for par-
ticipating in family weddings. Chautala’s son Ajay who is
also undergoing the same imprisonment was however
denied relief on the same ground.
ParoleforChautala Womentobecome“Kartas”
In a verdict that will end gender bias in Hindu undivided
families, the Delhi High Court ruled that the senior-most
female co-parcenor of the joint family could become its
“karta”—a position earlier reserved only for the eldest
male member. The “karta” takes care of all family affairs,
including property. The Court clarified that Section 6 of
Hindu Succession Act 2005 giving inheritance rights to
women did not restrict them from becoming “kartas”.

Hounded
byhispast
D
R RK Pachauri, who managed
to wrench the post of executive
vice-chairman of The Energy
and Resources Institute
(TERI) while charges of sexual
harassment by a 29-year-old
research analyst were being
examined in court, continues to hit the headlines.
Fresh allegations have emerged of him harassing
another female employee.
Pachauri’s new appointment flouts the spirit of
Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013,
based on the Vishaka judgment of the Supreme
Court in 1997. Former chief justice of India RM
Lodha had said in the past that it was not proper to
promote a person facing criminal investigation till
the charges were cleared.
MORE VICTIMS
At a quickly convened meeting on February 12, the gov-
erning council of TERI decided to send Pachouri on
leave but let him continue in the post in the face
of new allegations by another complainant.
She revealed this as she was shocked to
see that the first complainant who lev-
eled similar charges exactly a year ago
had still not got justice.
The second complainant
through her counsel, Vrinda
Grover, said that Pachauri had
sexually harassed her in 2003-04
when she was working with
TERI’s chief faces a
fresh barrage of
sexual harassment
charges even as he
digs in his heels and
refuses to quit despite
mounting evidence
of his sexual
indiscretions
By Ramesh Menon
DISGRACED ICON
RK Pachauri, who
has been the head
of TERI since 1982,
has been sent on
indefinite leave
COURTS/ Sexual Harassment Case/ RK Pachauri

TERI. Though it has been a year since she
wrote to the Delhi police commissioner and
the deputy police commissioner about the
case, a statement has not been recorded.
The second complainant said Pachauri
would often call her to his office even though
there was no real work and this made her
uncomfortable. He used to call her by a sexu-
ally suggestive nickname despite being told
not to do so. He told her that he could lift
hefty and heavy women and so lifting her
would not be a problem. He even offered to
massage her saying that he was good at it. He
once asked her to meet him at a hotel saying
that a press note had to be prepared. When
she went there, she found that there was no
work of that kind. “I felt demeaned as an
individual, a woman and as a professional,”
she said in her complaint.
HOT PURSUIT
He would keep inviting her for dinner or for
a drink. He would ask personal questions
such as when would her husband be away.
“He would call me to his room on the pretext
of discussing work, but the conversation
about work was very brief and then he would
make attempts to come close to my body or
hold my hand… On another occasion when I
was in his office, he completely against my
wishes forcibly held and kissed me on my
face when I was leaving the room,”
she alleged.
Once, Pachauri asked her to come in as
early as 8 am to his office when other
employees had not yet come. He asked her to
sit on his chair and work on what was written
on his desktop. When she did that, he came
close to her and said that her wet hair was
fragrant and looked beautiful. He then
placed his hand on her shoulder, making her
run out of the room. On another occasion, he
told her that he would get her the member-
ship of a reputed club if she would go swim-
ming there with him. She refused. She com-
plained to Commodore MM Joshi, director,
Administration, but he brushed it aside say-
ing that she had misunderstood Pachauri.
Grover told India Legal: “We have seen a
brazen violation of the sexual harassment law
in the Pachauri case. Both TERI and its gov-
erning council have violated it. The fact that
Pachauri was promoted to a powerful posi-
tion despite being investigated for a criminal
case and the Internal Complaints Committee
(ICC) finding him guilty of sexual harass-
ment shows that the rights of all women
working in TERI stand compromised.”
This testimony and the fresh complaint
have come to haunt Pachauri. A former
employee of TERI told India Legal: “I wish I
could stand in the witness box and give evi-
dence of what Pachauri used to do to female
employees whom he took a fancy to. But I
now have a family and do not want muck
thrown at them. I was a victim but
have to keep quiet. I sincerely wish the law
gets him.”
MUSTERING COURAGE
Grover pointed out that the argument
against all complainants by such abusers is
often that the charges have come years after
the incident. “Jurisprudence needs to recog-
nize that women will take time to muster
“Pachauri has been
tampering with
evidence and influencing
employees. Once he is
removed, more
complaints will surface.”
Prashant Mendiratta,
counsel for the first
complainant
“We have seen a brazen
violation of the sexual
harassment law in the
Pachauri case. Both
TERI and its governing
council have violated it.”
Vrinda Grover,
counsel for the second
complainant

courage and come out with charges of how
they have been sexually harassed,” she said.
The first complainant told India Legal
that the promotion of a man booked on
charges of sexual harassment at his work-
place made her flesh crawl. She said she was
determined to pursue the case till its logical
conclusion.
A TERI spokesperson said that the gov-
erning council had appointed Ajay Mathur
as the director-general and Pachauri as
executive vice-chairman to ensure smooth
transition. Even though the governing
council of TERI has eminent persons like
HDFC chairman Deepak Parekh and for-
mer chairman, HSBC India, Naina Lal
Kidwai, who chose to promote Pachauri
despite these serious charges, 17 former stu-
dents of TERI University refused to accept
their degrees from Pachauri at a convoca-
tion next month. Pachauri, incidentally, is
the chancellor of the university.
COURAGEOUS STUDENTS
In a terse letter to Dr Rajiv Seth, the acting
V-C, the students from the 2013-15 batch
said that they were aware that Pachauri has
immensely contributed towards building
both TERI and TERI University and his abil-
ity to build global networks, promote the uni-
versity and institute and to draw funds, proj-
ects and grants. “Nevertheless, no measure of
such contributions can be used to justify
alleged criminal behavior in the form of
actions that cause serious harm to another
human being. However, the stance of the
entire top management at the University and
at TERI has been implicitly that the universi-
ty may continue churning out competent
professionals who are good at application in
their specialized domains of knowledge but
with a complete disregard for values, ethics
and principles of any kind,” the letter said
The students said they were not ready to
accept a standard response on the grounds
that the charges against him had not yet
been proved and he was not convicted. They
cited the instance of how the International
Panel on Climate Change gave him no lee-
way for his alleged actions and got him to
resign. This, they said, was in stark contrast
to TERI which had created a unique posi-
Pachauri would
call the second
complainant
by a sexually
suggestive
nickname despite
being told not to
do so. He told her
he could lift hefty
women. He
even offered to
massage her.
February 13, 2015:
A 29-year-old research analyst
files a complaint with the Delhi
police against Dr RK Pachauri,
director-general, TERI, alleging
sexual harassment under IPC
Sections 354, 354(a), 354(d)
(molestation) and 506 (criminal
intimidation). The 33-page
complaint includes several
instances of harassment with
evidence of WhatsApp mes-
sages, emails and examples of
unwanted physical advances.
May 16, 2015:
He moves court to rejoin TERI office.
May 19, 2015:
He’s found guilty of sexual harass-
ment by an Internal Complaints
Committee (ICC) of TERI.
February 21, 2015:
Pachauri cancels Nairobi trip
and another woman levels
harassment charges, gives pub-
lic testimony through her lawyer,
Vrinda Grover.
February 24, 2015:
Pachauri resigns as the head of
IPCC while still denying the alle-
gations. He says his computer
was hacked.
March 21, 2015:
Pachauri granted anticipatory bail.
April 20, 2015
Pachauri denied court permis-
sion to travel abroad for Global
Water Summit.
February 19, 2015:
Pachauri under police
investigation, gets interim
protection from arrest.
February 21, 2015:
Pachauri heads for Nairobi for a
meeting.
TERI’s
TravailsIn the past one
year, TERI has
been in the eye
of a storm over
allegations
of sexual
harassment
against its
chief, Dr RK
Pachauri

tion for him and with TERI University
which let him continue as chancellor.
“Given the flow of events, it is seems like
Dr Pachauri is using all his political clout,
media influence and networks to stall the
judicial process, intimidate witnesses,
coerce TERI colleagues and employees to
persuade the complainant to withdraw her
case and settle out of court as it would be
better for her since she has nothing more to
gain,” the letter said.
The students wanted the management to
consider whether they should allow him to
continue as chancellor. They were obviously
finding it difficult to justify the actions of the
management to their employers and associ-
ates. Noted activist and lawyer Indira Jaising
had earlier questioned the propriety of let-
ting him continue as chancellor as it was
sending a wrong message to the students.
“As we take small steps in building our
careers at different institutions of repute, it is
becoming increasingly unviable for us to stay
silent on this matter, which we consider to be
an absolute contempt of principles, ethics
and the law. We have a certain duty to uphold
some sense of justness as responsible citizens
of society,” the letter said.
MORAL STAND
The strong stand of the students has forced
Pachauri to stay away from the convocation.
The degrees will now be awarded by the V-C,
Dr Leena Srivastava, who is presently on a
sabbatical. The acting V-C, Dr Rajiv Seth,
told India Legal that he was not at all per-
turbed by the letter as youngsters with con-
viction should be encouraged and their opin-
ions and ideas respected. “We believe in free-
dom of expression,” he said. Some 200 stu-
dents were to receive their degrees from
Pachauri. But the courageous and ethical
stand of 17 students triumphed over the
silence of others.
One of the former students told this mag-
azine: “Pachauri should not be involved in
the affairs of TERI till his name is cleared.
We find it difficult to justify the brazen dis-
play of power and the hypocrisy at the high-
est level. TERI’s credibility is at stake. It is
committing institutional suicide.”
In a petition that is making the rounds
The HRD Ministry
which has shown
a penchant for
shooting off
letters to varsities
on minor issues,
has still not sent
one to TERI
University on
why Pachauri is
continuing as
chancellor.
July 23, 2015:
Pachauri removed from
TERI.
August 19, 2015:
He seeks court nod to travel
overseas as TERI D-G.
September 6, 2015:
Complainant says she's still
“further victimized”; Kiran
Mazumdar-Shaw resigns from
TERI governing council citing
“moral responsibility”.
September 8, 2015:
Complainant approaches
Delhi High Court (HC) with a
writ petition challenging the
way TERI has.
July 17, 2015:
Pachauri allowed to enter
TERI offices but barred
from headquarters.
May 29, 2015:
Pachauri goes to a labor
court and obtains an ex-
parte stay (without the rep-
resentation of other parties
involved before the judicial
forum) on the operation of
the recommendations.
September 21, 2015:
Delhi HC issues notice to
Pachauri, TERI for sexual
harassment case;
responses to be filed by
November 16.
November 4, 2015:
Complainant resigns
from TERI alleging
mistreatment.
November 21, 2015:
Complainant approaches
Delhi High Court (HC)
with a writ petition chal-
lenging the way TERI has.
September 17, 2015:
Head of TERI ICC resigns.
February 8, 2016:
He’s promoted as
executive vice-chairman.
February 10, 2016:
TERI complainant reacts to
Pachauri promotion in an open
letter; TERI University alumni
refuse to accept degrees from
Pachauri.
February 11, 2016:
Pachauri goes on leave, won't
attend university convocation.
February 12, 2016:
TERI governing council calls
urgent meeting.

on the internet through popular platform
change.org, Sumedha Basu, a former TERI
University student, demanded that TERI
reverse the recent appointment of Pachauri
as executive vice-chairman. The petition said
that despite the serious charges of sexual
harassment, he continued as D-G allegedly
exercising influence on TERI officials to set-
tle the matter out-of-court and finally forcing
the woman to quit TERI. His promotion
should have been deferred till the court ver-
dict was out, it said.
The appointment was “a slap on the faces
of all those women (and men) who have ever
tried to stand up against gender discrimina-
tion or sexual harassment at workplace. This
also sends out an extremely wrong message
to all TERI employees and TERI University
students in the form of direct intimidation
and by essentially suppressing their voices
forever. It is doubtful that any TERI employ-
ee (current or future) would ever report any
injustice, misconduct, malpractice, discrimi-
nation, suppression in the organization in
the fear that the alleged accused will be back
in a more powerful position”, it said.
Biocon chairperson Kiran Mazumdar
Shaw, who was a member of the governing
council, resigned in September citing “moral
responsibility”. She said that the allegations
against Pachauri were very serious and
an individual was not bigger than the
institution.
ENOUGH EVIDENCE
While insiders talk in hushed tones about
Pachauri’s sexual harassment, only two of
them came out in the open with charges.
When the first complainant found that
TERI was not responding to her charges
and that she had been transferred from
Pachauri’s office, she filed a police report on
February 18, 2015, where she provided
enough evidence in the form of WhatsApp
and SMS messages, suggestive emails and
examples of unwanted physical contact.
In her 33-page complaint to the police,
the first complainant attached 31 printouts
which included hand-written notes he had
written to her. One of the notes written on
June 12, 2014, said: “I dreamt last night that
I did the preliminaries of making love to
you, but woke up at the critical moment.”
She wrote back to him a week later: “Do you
ever actually understand what someone
feels when someone resists something and
you continue to do it?” But such sharp com-
ments did not stop him and he continued to
stalk the traumatized girl.
There are a lot of lessons to glean from
the Pachauri case. We live in a male-domi-
nated, misogynistic society that does not
really care for complaints by women of sex-
ual harassment. Despite the police com-
plaint, nothing was done. The police moved
only when the media took the story up and
then lodged the FIR against Pachauri on
charges of sexual harassment under IPC
sections 354, 354(a), 354(d) (molestation)
DISCONTENT
ON CAMPUS
TERI students want
Pachauri to step down
as chancellor. (Right)
Leena Srivastava, VC,
will now award
degrees of TERI
students (below)
“We find it difficult
to justify the brazen
display of power and
the hypocrisy at
the highest level.
TERI’s credibility
is at stake. It is
committing
institutional suicide.”
— A former student
of TERI

IL
and 506 (criminal intimidation).
In our March 15, 2015, issue, we had
expressed hope that the truth about the case
would come out soon. However, even after
11 months, it has not taken off despite
mounting evidence. Rahul Singh, a former
TERI employee, told the police on January
12 that senior executives like Sanjay Joshi, a
senior director and Reena Singh, an
area convener, had tried to pressurize him
into meeting the first complainant and get-
ting her to agree to a settlement. When the
police questioned Joshi, he said that he
had done it only to save the image of
the organization.
CONSTANT HARASSMENT
Pachauri’s lawyer, Ashish Dixit, said in court
that his client had never influenced anyone
in the organization. But evidence shows oth-
erwise. He was on leave from February to
July 2015, he said in his reply filed before the
Delhi High Court, and had not tried to influ-
ence anyone in TERI. He called the allega-
tions of the complainant a figment of her
imagination and sought cancellation of her
petition saying that his anticipatory bail be
revoked. He also said that he had entered the
office only after the court allowed him to do
so and there was no illegality in holding the
post of executive vice-chairman.
Prashant Mendiratta, counsel for the
complainant, told India Legal that the sta-
tus report of the Delhi Police presented in
court clearly stated that Pachauri was
stalling the investigation and was giving
evasive replies. He pointed out that TERI
had not given access to servers that were
crucial for the investigation. “Pachauri has
been tampering with the evidence and
influencing employees and he will ensure
that they do not speak up as he is in charge
there. Once he is removed, more complaints
from within will surface.”
Clearly, there has been a strategy to pro-
tect him. One employee said: “One wonders
why the eminent members of TERI’s govern-
ing council were taking so much of flak for
one year for not taking action against him.
It shows how powerful and influential
Pachauri is.”
There is also support within. Dr Vibha
Ranjana Saikia, who
resigned as head of
TERI’s Internal
Complaints Committee,
had given a scathing
report indicting
Pachauri.
Indira Jaising had
questioned the propriety
of letting Pachauri
continue as chancellor
as it was sending a
wrong message to
students.
Dhawan, senior director, said that the
organization was completely behind
Pachauri as he had built it making personal
sacrifices. Just a few had rallied against him
as they were being instigated to do so, she
alleged. “What has happened is very unfor-
tunate. TERI needs him as a mentor and we
stand by him,” she said. Dhawan is now the
head of the newly constituted ICC that
Pachauri formed after Ranjana Saikia, the
earlier head, who gave a scathing report
holding him guilty of sexual harassment,
resigned.
The HRD Ministry which has shown a
penchant for shooting off letters to universi-
ties on minor issues, has still not considered
it necessary to send one to TERI University
for letting Pachauri continue as chancellor.
Grover says: “The manner in which the
police and the legal system have worked
when even after a year of no chargesheet
being filed is not only alarming but has a
chilling effect for women across the country.”
In India, some things simply do not
change. Like misogyny.

W
HEN the Mahatma
Gandhi National Rural
Employment Guarantee
Act (MGNREGA) com-
pleted its 10th anniver-
sary on February 2, it was the NDA govern-
ment that celebrated it with much gusto and
enthusiasm, declaring it a landmark event.
For many, this came as a surprise U-turn
since the ruling dispensation under
Narendra Modi has all along been stridently
critical of its predecessor government’s flag-
ship social security scheme. It had even sent
out signals that the time had come to write
the epitaph of the “populist” scheme which
was proving “a drain on fiscal resources”.
SPOTLIGHT/ MGNREGA Turns Ten
In a surprise U-turn, the Modi government is
singing praises to UPA’s rural social security
scheme. Is this prompted by assembly elections
due in ten states over the next two years?
By Ajith Pillai
Celebratinga
“Failure”
WAITING FOR
SUCCOR
(Right) Women
at work as
part of the
MGNREGA
program

Remember, it was the prime minister who
famously led the charge against MGNREGA.
He said this in parliament on February 27,
2015: “Sometimes, we are told that we will
or we are about to discontinue MGNREGA
or have closed down MGNREGA. Most of
you believe that I have very good political
sense. And that political sense does not allow
me to discontinue MGNREGA. I cannot
make such a mistake because MGNREGA is
a living monument of your (Congress’) fail-
ures. After 60 years of Independence, people
had to dig pits because of you, therefore it is
a biggest example of your failures and I am
going to propagate this with all my might.
I will tell the world that the pits you are
digging point towards your wrongdoings
of 60 years.”
OVERNIGHT U-TURN
So how did the “living monument” of the
UPA government’s “failure” transform itself
overnight into a cause for “national pride
and celebration”?According to government
sources, the change of heart was in the main
triggered by an event that made the BJP-led
NDA government sit up and recast several of
its priorities—the Bihar election results on
November 8 last year.
The rout in these assembly polls made the
party do a rethink on not just its political
strategy. There were several economic factors
which also came into the reckoning after the
electoral reverses. With elections coming up
in ten states over the next two years, includ-
ing the most critical one in Uttar Pradesh, it
was felt that several of these concerns had to
be addressed. Many pertained to rural India.
These included:
Distress in the rural economy which was
impacting rural demand.
Decline in purchasing power resulting in
plummeting sales of tractors, motorcycles
and FMCG goods. Corporate India had
already begun sending out distress signals to
the government.
Successive droughts and crop failure
caused by unseasonal rains severely impact-
ing agriculture.
Failure to implement MNREGA fully and
effectively, squeezing rural spending. One
PIB
If in 2014-2015,
`34,000 crore
was budgeted for
MGNREGA, in
2015-16, Finance
Minister Arun
Jaitley upped
budgetary grant
by `699 crore to
`34,699 crore
with the promise
that another
`5,000 crore
would be alloted.
Of this, only
`2,000 crore was
later sanctioned.
POPULIST SCHEME
Former Prime Minister
Manmohan Singh and
Sonia Gandhi at the
launch of the flagship
social security scheme
for rural poor, MGNREGA

expert view suggested the government pro-
vide money to people to spend in the market
to generate demand.
The economy feeling pressured with rural
people losing their purchasing power earlier
enhanced by schemes like MNREGA.
The gloom in the agriculture sector
coupled with growing food inflation, denting
the “sabka saath sabka vikas” slogan of the
government.
Very clearly, the focus of the government
shifted post-Bihar. A finance ministry official
explained to India Legal: “When the BJP
think-tank met after the Bihar results, much
thought was given to the state of the rural
economy. Though many economists had dis-
missed MNREGA as a wasteful expenditure,
it was felt that schemes like that must be
leveraged to the government’s advantage.
MNREGA was suddenly seen as something
that could provide relief to a huge section of
the people. It was for the government to
claim ownership of the UPA’s scheme by
implementing it effectively.”
BUDGETARY ALLOCATION
According to him, this thinking was being
pushed for well over a year by farmer-friend-
ly sections of the Sangh Parivar, although it
had marginal effect on last year’s budget. If in
2014-2015, `34,000 crore was budgeted for
SPOTLIGHT/ MGNREGA Turns Ten
Photos: UNI
COURSE CORRECTION
(Top) Bihar Chief Minister Nitish Kumar’s
victory last year forced the BJP to rethink its agenda;
(above) The rural sector continues to be forlorn despite the
launch of ambitious schemes;
(right) Social scientist Jean Dreze was among those who
devised the MGREGA program.

MGNREGA, in 2015-16, Finance Minister
Arun Jaitley loosened the purse strings ever
so lightly and upped budgetary grant by `699
crore to `34, 699 crore with the promise that
another `5,000 crore would be allocated sub-
ject to additional tax inflows. Of this, only
`2,000 crore was later sanctioned.
Many expected the government to release
the remaining `3,000 crore while celebrat-
ing 10 years of MGNREGA at Delhi’s Vigyan
Bhawan. It is another matter that even that
amount would have fallen short of the
requirement given the spike in inflation and
the extent of rural distress, further precipi-
tated by the ongoing agrarian crisis. But no
relief was forthcoming from the FM and the
rural employment scheme continues to be
cash-strapped.
As Aruna Roy, Nikhil Dey and Annie Raja
of Peoples’ Action for Employment
Guarantee pointed out in a joint statement
on February 2: “There were positive signs
that Shri Arun Jaitley would announce the
release of at least `3,000 crores—the balance
of the amount promised in his budget
speech, and asked for in a letter by the
Minister of Rural Development on 30th
December 2015. However, this announce-
ment was not made, and today the MGNRE-
GA faces a negative balance of funds in 14
states, and demands from many others that
the rural development ministry is not in a
position to meet. This means that in 14 states
including Chhattisgarh, Andhra Pradesh,
Assam, Odisha, Sikkim and Uttar Pradesh,
either work will not be given as per demand,
or else wages will be inordinately delayed—
both of which are basic violations of the law.”
WAIT AND WATCH
According to those monitoring MGNREGA,
the demand for additional funds from state
governments is understandable since budg-
etary allocations have not kept pace with
inflation which has been growing in varying
degrees over the last decade. In fact, the cash
allocated has remained static at approxi-
mately the same level that it stood in 2010-11
—`39, 377 crore. If one were to factor in
inflation, then to maintain budgetary grants
at the same level would mean an input of
`61, 445 crore in this year’s budget. It is
unlikely that the government would be so
generous with its funding, although Jaitley
has promised that there will be no cutting of
funds for MGNREGA this fiscal.
According to social scientist Jean Dreze
who was among those who devised the
MGREGA program, the scheme has not
done as well as it should have because of
flawed implementation and shortage of
resources. “Sometimes the low scale of
employment is due to a lack of funds, but
there are other reasons also. Stagnant real
wages and persistent delays in wage pay-
ments have sapped workers’ interest in
MGNREGA. The guidelines have become
very complicated. In many areas, the
infrastructure required to implement
MGNREGA's internet-based processes is
sorely lacking. Last but not the least, political
commitment to MGNREGA has declined.
“The Modi government is seeking
to kill the soul and spirit of the
Mahatma Gandhi National Rural
Employment Guarantee Scheme
by withholding payments to states
for MGNREGA works. In 2014-15
alone, the government did not
make payment of `6,000 crore to
states for already executed
MGNREGA works.”
—Manmohan Singh, former PM
National Rural
Employment Guarantee
Act 2005 (NREGA) was
dedicated to Mahatma
Gandhi and became
the MGNERGA and was
inaugurated on Feb 2,
2006.
It is now operational
in 6000 rural blocks
across the country.
The law guarantees
100 days of wage
employment in a finan-
cial year to every
household whose adult
members volunteer to
do unskilled manual
work.
It provides employ-
ment to about 50 million
rural households and
effects the lives of 250
million people.
57 percent of MGN-
REGA workers are
women, and close to
half are from SC/ST
households.
Over 60 percent of
the works taken up
under the program are
directly linked to
agriculture and the rural
economy.
In the last 10 years `3
lakh crore has been
spent on the program.
That works out to 0.3
percent of the GDP.
InANutshell

IL
SPOTLIGHT/MGNREGA Turns Ten
This sends a very destructive message down
the line,” he said in an interview.
KILLING THE SOUL?
P Chidambaram, who served as finance min-
ister in the UPA government, says: “The gov-
ernment did try to cut back the program.
They delayed releases of funds, and made it
difficult for state governments to respond to
the demand for work….Consequently, the
number of households that completed 100
days of wage employment dropped from over
51 lakhs in 2012-13 to 25 lakhs in 2014-15.”
Former prime minister Manmohan Singh
echoed the same thought while speaking at a
Congress event in Anantapur district,
Andhra Pradesh, where the MGNREGA pro-
gram was launched 10 years ago. “The Modi
government is seeking to kill the soul and
spirit of the Mahatma Gandhi National
Rural Employment Guarantee Scheme by
withholding payments to states for
MGNREGA work. In 2014-15 alone, the gov-
ernment of India did not make payment of
`6,000 crore to states for already executed
MGNREGA works,” he said.
When it was introduced and passed by
parliament in 2005 and implemented in 200
districts across the country in February
2006, MGNREGA was aimed at enhancing
livelihood security in rural areas by providing
at least 100 days of employment in a finan-
cial year to every household whose adult
members volunteer to do unskilled manual
work. If work is not provided within 15 days
of applying, applicants are entitled to an
unemployment allowance under the Act.
When it was first introduced, MGNREGA
was hailed as a landmark labor law. In its
World Development Report 2014, the World
Bank termed it a “stellar example of rural
development”.
However, it soon came in for much
criticism for its implementation and large-
scale corruption which led to funds
being siphoned.
There have been allegations that pay-
ments have been made to persons shown as
doing work on paper or who have bee wrong-
ly identified as poor. It was on account of
such rampant corrupt practices that the
Narendra Modi government ordered a
re-evaluation of the scheme after coming
to power.
But the real reason for such a move,
according to sources in the finance ministry,
was to eventually scrap the scheme.
But that is unlikely since the new thinking
in the government is that rural India must
also shine. Though many may see MGNRE-
GA as a fund-guzzling sop, it has achieved
much in the last decade.
Women workers constitute over 50 per-
cent of those benefitting from the program,
while 40 percent beneficiaries are SCs/STs.
Today, MGNREGA wages contribute one-
third of rural household income.
Needless to say, the social security
scheme has its shortcomings and this needs
to be corrected. But the scheme must not be
junked but be made more meaningful.
Chidambaram must perhaps be given the last
word on this: “MGNREGA was never about
‘digging pits’; nor is it a ‘monument to
failure’. As Mr Modi has made a meal
of his words, the time has come to convert
the program into one that will create
“durable assets” and become a “monument to
social justice”.
FISCAL
RETHINK
Finance Minister
Arun Jaitley is
now loosening
the purse
strings for
MGNREGA
UNI

The law ministry may bring in a new
legislation that would give statutory
backing to resolving disputes through the
process of mediation. The proposal is at the
discussion stage.
The government is giving final touches to its
litigation policy wherein it proposes to suggest
measures that would help in bringing down the
number of pending cases. The government
believes the statutory backing would also help in
bringing down the registration of new cases.
As of now, mediation is mostly used to settle
marital disputes.
The law, if enacted, would help resolve com-
mercial disputes and other cases.
Govt seeks judicial oversight panel
Not deterred by the
recent showdown
with the higher judici-
ary on account of com-
position of the
National Judicial
Appointments
Commission (NJAC),
the NDA government
has proposed to bring
a new legislation to constitute
a National Judicial Oversight
Committee for judicial
accountability where the law
minister will be one of the
three members of the panel.
The other members of the
proposed commission, which
will deal with complaints
against the higher judiciary,
will be the chief justice of
India and an eminent person.
The law ministry has
prepared a detailed agenda
note on the subject to be dis-
cussed at the advisory council
meeting of the national mis-
sion for justice delivery and
legal reforms, scheduled for
February 16.
The ministry of environ-
ment and forests (MoEF)
is planning to notify a fresh
procedure that will make it
mandatory for real estate
developers to pay a stiff
penalty and even face
imprisonment if they start
construction of housing
projects without prior
environment clearances.
The ministry might cate-
gorize offenses and link the
penalty to the gravity of
the offense. It is also working
towards ensuring that the
“polluters-pay principle” is
implemented.
The ministry proposes to
retain the provision of
imprisonment in case of
serious offenses.
To simplify the procedure, it’s
also holding talks with the
ministry of urban
development to have authori-
ties include environment
clearances in building
bylaws.
Internet consumers across the country will
continue to enjoy equal pricing for accessing
all kinds of data online. Telecom Regulatory
Authority of India (TRAI) prohibited differen-
tial tariffs for data services—terming them as
“discriminatory”—in a move that strongly sup-
ports innovation and the start-up culture.
This decision comes into immediate effect
ending controversial services such as
Facebook’s Free Basics and Airtel’s zero-rated
platform Airtel Zero. TRAI has stipulated a
penalty of `50,000 per day in case of a viola-
tion by a Telco, capping it at `50 lakh.
NATIONAL BRIEFS
India opts for net neutrality Jail for flouting
green norms
Govt considers
legal backing for
mediation
Jamiat Ulama-e-Hind—a
prominent organization of
Indian Islamic scholars—
asserted before the Supreme
Court that the courts cannot
test the validity of Muslim
personal law. They said it was
a violation of fundamental
rights, as it was based on the
Quran. “Personal laws do not
derive their validity on the
ground that they have been
passed or made by a legisla-
ture or another competent
authority,” the organization
told a bench headed by Chief
Justice TS Thakur.
India has separate person-
al laws for each religion gov-
erning marriage, divorce, suc-
cession, adoption and main-
tenance. While Hindu law
overhaul began in the 1950s,
any attempt to reform
Muslim law has met stiff
resistance from conservative
elements.
“Can’t amend
Muslim law”
— Compiled by Shailaja Paramathma

I
F the quintessential quality of a leader
who believes in a personality cult can
be summed up as the ability to attract
crowds, retain mass base and deliver
results, West Bengal Chief Minister
Mamata Banerjee possesses them all.
She has reached heights through sheer
hard work and idealism without the
support of a family name (Sonia
STATES/West Bengal/Mamata Banerjee
As West Bengal goes to the polls in May this
year, will the magic and chutzpah of chief
minister Mamata Banerjee see the Trinamool
Congress sailing past other political parties?
By Kalyani Shankar
UNI

Gandhi), a mentor (Jayalalithaa or Mayawati)
or wealth.
What is her appeal to the common man?
Her support base is the youth between 18 to
35 years, who see her as someone fighting
their battles. Mamata herself has often said:
“My boys come, work day and night and
make my meetings a success.” Those who
sniggered at her crumpled white cotton saree,
torn Hawaii chappals, jhola (bag) on her
shoulders and her incoherent and shrill voice
were astounded in 2011 when she out-
matched the Marxists who were ruling the
state for 34 years.
When Mamata occupied Writers’ Building
on May 24, 2011, she raised high hopes with
her “paribartan” slogan. This first woman
chief minister of the state is again facing the
electorate in May 2016. Going by ground
reports, the electorate is yet to become disen-
chanted with her despite some mistakes.
CREATING HISTORY
In order to understand the success of
Mamata, one should first understand West
Bengal, the fourth most populous state in
India. As per the 2011 census, the state’s
demography is as follows: 70.54 percent are
Hindus, while Muslims are 27.01 percent.
Almost the entire Buddhist population of the
state is from the Darjeeling Hills. There
Will
Bengal’s
Tigress
RoarAgain?

are 18 million Scheduled Castes and four mil-
lion Scheduled Tribes. Almost two-thirds of
the population is engaged in agriculture.
When Mamata took over, she no doubt
created history. Time magazine rated her
among the 100 most influential women lead-
ers of the world in its April 18, 2012, issue.
She won 227 of the 294 seats in 2011, trounc-
ing the Left. This was a great feat as she had
launched the Trinamool Congress in 1998,
breaking away from the Congress. She also
proved her critics wrong who said she would
fail because she was a child of confrontational
politics. Of course, she took time to move into
governance mode.
At the end of her five-year term, Mamata
still has her vote bank more or less intact.
Since the 2008 panchayat polls, the TMC has
been on an upward curve in every election. It
won 114 of 144 seats in Kolkata Municipal
Corporation elections in 2015, up from 95 in
2010. The party won 50 percent of the votes in
Kolkata and 42 percent overall in these polls.
RIGHT TIME, RIGHT PLACE
Mamata took over the reins of power at a time
when the people of the state were getting tired
of Marxist rule and she spoke of “Ma, Mati,
Manush” and promised change. She was there
at the right time with the right credentials
and chose the right issues. She has been fight-
ing the Leftists since the eighties even when
she was in the Congress.
Another opportunity for her was the disas-
trous attempt by the CPM government to
forcibly acquire agricultural land for industry
in Nandigram in 2007 and Singur in 2008,
which resulted in a backlash from the farm-
ers. Mamata took advantage of
this and promised that if she was
voted to power, she would return
the land. The indiscipline and fac-
tionalism in the CPM, which did
not support chief minister Bud-
dhadeb Bhattacharya, also led to
her rise. Many CPM leaders lived
in their own world and lost touch
with the masses. Also, the arith-
metic was right for the TMC-
Congress combine, which gave a
good fight to unseat the Left. And
Mamata with the support of the
media convincingly wooed voters
to emerge victorious.
POPULARITY CONTINUES
However, the 2016 elections will
be different. She is on the other
SPORADIC
OUTRAGE
Activists of CITU,
AIDWA, DYFI and
SFI at a protest rally
against the Saradha
chit fund scam
in Kolkata
UNI

side of the fence and the opposition will chal-
lenge her. She has to present her report card of
the last five years to the people. She has largely
delivered on many promises and retained her
popularity despite the Saradha chit fund scam
and the terror tactics of TMC cadres.
One of her major achievements has been
on the Naxalite front, particularly in Jangal-
mahal area in South Midnapore district. Tax
collections have also improved with advanced
technology. Though she was against disinvest-
ment, she sold five state-owned tea gardens to
private players. Despite populist positions,
Mamata had raised user fees for utilities.
Keeping aside her agitational politics, she had
declared to the media on April 28, 2015: “In
Bengal, our stand is clear that there will be no
bandh, no strike. We are against bandh and
strike. Administration will take strong action
against those who will go for bandh. We won't
let them stop the growth of Bengal."
Regarding industry, her focus has been
restricted to the small-scale sector, where, she
claims, `39,000 crore was invested. She also
claimed that nearly four million new jobs were
created and 2,00,000 recruitments for teach-
ers and the government made. Who would
have thought that after becoming CM, Ma-
mata would woo industrialists, something she
vehemently opposed earlier in Nandigram and
Singur? At a two-day Bengal Global Business
Summit recently, a jubilant Mamata proudly
announced that the state currently has proj-
ects worth `2,50,104 crore and more were on
the way.
There is also some revival of the construc-
tion sector and relaxation of the land ceiling
law. There are perceptible changes in other sec-
tors also. On the health front, Bill Gates on
February 16, 2012, sent a letter to Mamata
applauding her government for accomplishing
a full year without any reported instances of
polio. The flagship Kanyashree project has
benefitted close to 2.8 million girls. Subsidized
food grains to nearly seven crore of the state’s
total nine crore population is another plus.
TMC ON A ROLL
The TMC appears better placed in rural areas
following improved road connectivity, com-
munication development, water and health
services. The flow of central funds for the
For the Left
parties, the
secularism slogan
is not enough to
revive them in
Bengal. The
change of
leadership from
Prakash Karat to
Sitaram Yechury
has not helped
matters. Parties
like the CPI and
Forward Bloc
have expressed
reservations
against a tie-up
with the
Congress.
DO THEY MATTER?
(L-R) Former West Bengal CM Buddhadeb
Bhattacharjee, Mamata's one-time lieutenant Mukul
Roy, CPI(M) general secretary Sitaram Yechury
Anil Shakya

rehabilitation and development of backward
regions is expected to benefit the party. The
undercurrent of dissent and anger which was
visible during the Left rule is missing here.
At the national level too, the TMC is well-
placed with 34 MPs in the Lok Sabha and 12
in the Rajya Sabha. It emerged as the fourth
largest party in parliament. In June 2015,
Mamata supported the Land Boundary
Agreement with Bangladesh in parliament
(which became a reality after 41 years) after
bargaining for a financial package. She also
accompanied Prime Minister Modi to Dhaka
to sign the agreement. However, the Teesta
treaty with Bangladesh is still a problem.
But there is still a long way to go for
Mamata. The absence of big industry, unem-
ployment, lawlessness in educational institu-
tions and the crisis in the tea industry are
some areas of concern. There is also disillu-
sionment in the intelligentsia which support-
ed the TMC in 2011 over acts of lawlessness
against teachers, media, women and on cam-
puses. The Saradha scam and the Khagragarh
blasts that revealed a shocking terror connec-
tion with Bangladesh outfits are a big setback.
In all probability, there will be a four-cor-
nered contest in the coming assembly polls
between the TMC, the Left, the BJP and the
Congress. This might help the ruling TMC
because of a split in anti-TMC votes. Mamata
has carefully chalked out her poll strategy,
which includes keeping the opposition divid-
ed, keeping her flock together and checking
unpopular actions of the TMC. Some time
ago, chiding her party strongmen, she said:
“Trinamool Congress is a party of poor people.
Let it remain so.” This sent out a message to
the entire party that infighting would not be
tolerated and tickets would be given only on
the basis of good behavior.
FRACTURED OPPOSITION
As far as leadership goes, Mamata’s stature
remains unmatched as the Left, Congress and
BJP have no tall leaders at the local level.
Though the Congress and the TMC were all-
ies in the 2011 polls, the TMC broke away
on September 18, 2012, ostensibly against the
hike in petrol and diesel prices. The Congress
could have some understanding with the
TMC again, but the Left is also making over-
tures to the Congress. As far as the BJP is con-
cerned, it will go it alone.
A FRESH
CHALLENGE
BJP will rake up the
issue of Malda violence
to corner Mamata in the
assembly polls

IL
Mamata has also managed to keep her
flock together despite falling out with her
one-time lieutenant, Mukul Roy. She has also
not committed any big mistake in her five-
year term and has retained the support of the
minority Muslims by giving allowances for
maulvis and muazzims, building of a Haj Ho-
use and naming a university and an airport
after Kazi Nazrul Islam, the national poet
of Bangladesh.
For the Left parties, the secularism slogan
is not enough to revive them. This is because
their main opponents are the TMC and the
Congress, not the BJP. The Left has also not
learnt from its mistakes. Fiascos like Singur
and Nandigram are explained away as excep-
tions. The change at the top level leadership
from Prakash Karat to Sitaram Yechuri has
not helped matters. The Left has lost whatev-
er presence it had in states like Andhra Pra-
desh, Bihar, Maharashtra, Odisha and
Punjab. The Left has also failed to build sus-
tained movements against the TMC’s rule.
There have been sporadic protests on issues
like the Saradha scam, crimes against women
and power tariff hike. The lack of unity
among Left parties has also stymied them.
Parties like the CPI and Forward Bloc have
expressed reservations against a tie-up with
the Congress. So any opportunistic alliance
with the Congress may further divide the
Left. In 2014, the CPM’s vote share dropped
to 23 percent from over 38 percent in 2004.
A recovery from this huge deficit would be
a challenge.
DECIMATED CONGRESS
The Congress, which was a major force at one
time, has also declined over the decades. It
has no presence in South Bengal. In the 2014
Lok Sabha elections, the TMC got 39.3 per-
cent votes, the Left 29.6 percent, the Congress
9.6 percent and the BJP 16.8 percent.
Since 2014, the Congress has weakened
further. Both the Congress and the CPM are
in Catch-22 situations for a poll tie-up. Whi-
le they could have some strategic understand-
ing in West Bengal, the two are direct con-
tenders for power in Kerala.
Coming to the BJP, its rise coincided with
the slide of the Left Parties. But rather than
taking off from there, the party has taken
many missteps. The saffron party was not
able to sustain the Modi magic after the Lok
Sabha polls as was evident in the 2015 local
bodies poll where it drew a zero. The BJP has
no matching organizational capacity either in
Bengal. Moreover; there are group rivalries
and factional fights within the West Bengal
BJP unit.
Mamata’s tacit understanding with the
BJP at the national level has done more harm
to the BJP than the Trinamool. The BJP
struck a deal with her for two reasons—for the
passage of crucial reform bills in parliament
and in order to weaken the Left parties, which
suited the TMC too.
However, the recent Malda violence is
likely to be a core issue for the BJP in West
Bengal. In Malda, which has a high Muslim
concentration, a mob had attacked the
Kaliachak police apparently protesting an
insult to the Prophet Mohammad by Hindu
Mahasabha’s Kamlesh Tiwari. While it is
accused of playing communal politics, the
BJP calls it a national security concern.
It would be a feather in Mamata’s cap if
she gets a second term. From 1984, when she
first became a giant killer defeating CPM vet-
eran Somnath Chatterjee, she has climbed the
ladder, ultimately launching the Trinamool
Congress in 1998. She went on to become a
minister in the Vajpayee government and in
2009, became a minister in the UPA govern-
ment. In 2011, she became the CM.
For the 2016 polls, the TMC is eying a
comfortable victory. It waits to be seen what
finally emerges.
The absence of
big industry,
unemployment,
lawlessness
against teachers,
media, women
and in campuses
and the tea
industry crisis
(above) are
some areas of
concern for
Mamata. But
ground reports
say the
electorate is yet
to become
disenchanted
with her.

STATES/ Tamil Nadu/Amma Brands
Y
et another Amma brand
has arrived in Tamil
Nadu. This time it’s the
Amma Call Centre. On
January 19, Tamil Nadu
Chief Minister J
Jayalalithaa formally
launched Amma Call Centres through her
usual video conferencing at the secretariat in
Chennai.
Aimed at addressing and solving people’s
grievances speedily, the Amma Call Centre
will work round-the-clock and will handle
15,000 calls a day initially. For this, a swanky
office has been hired by the government at T
Nagar in the heart of Chennai. One hundred
and thirty-eight people have been hired for
the task. People who are facing problems
with any state department can dial 1100, a
toll-free number. Complaints will be imme-
Tamil Nadu is awash with
Amma brands, be it canteens,
mineral water, tea or baby
kits. All these are attempts
by Jayalalithaa to build a
personality cult but this could
impact the state’s finances
By R Ramasubramanian
Amma-zing
Largesse
THE MATRIARCH
Jayalalithaa has
said she always
wants to be
called Amma

diately registered in a computer and for-
warded to concerned departments for follow-
up action. The caller will be kept in the loop
and duly informed through SMS, claims a
government press release. Though there is
already a special cell in the CM’s office for
handling complaints related to the gover-
nance of the state administration, the Amma
Call Centre will expedite the problem-solving
mechanism, claims the press release.
Brand Amma is not new to the people of
Tamil Nadu. Amma means mother in Tamil
and three years ago while speaking in the
assembly, Jayalalithaa said that she always
wanted and loved to be called Amma.
Previously, she used to claim that she was
their “beloved sister”.
BRAND BUILDING
Today, Tamil Nadu is witnessing a deluge of
Amma brands… Amma canteens, Amma
mineral water, Amma tea, Amma salt, Amma
cement, Amma mobile, Amma pharmacy,
Amma baby kit, Amma theatres, Amma
micro loans, etc. This is undoubtedly the only
state to introduce so many items under one
name and that too, resonating with the per-
sonality of its chief minister.
The salient features of some of these
brands are:
Amma canteens: Tiffin and lunch are
provided at unbelievably low rates. While
idli is available for Re 1 per piece, curd rice
and sambar rice is available for Rs 5 and so
are chappatis. There are over 250 Amma
canteens throughout the state. Local corpo-
rations are spending around Rs 6 crore to
Rs 7 crore per month on this and incurring
a loss of Rs 2.7 crore due to the subsidized
rates. It’s not clear how long they can afford
to be so generous. Though the state excheq-
uer is supporting this presently, it could
NEEDLESS
EXPENSE
Inside the
newly
launched
Amma call
centre
A FREE LUNCH?
WELL, ALMOST
The Amma canteens
across Tamil Nadu
numbering over 250
are a drain on the
state exchequer

invite the wrath of the CAG. But
Jayalalithaa is least concerned.
Amma mineral water: At a time when a
liter of bottled water is sold for Rs 20 and
above, Amma mineral water is available for
Rs 10 and special water plants have been
established precisely for this.
Amma cement: Aimed at controlling
cement prices which are skyrocketing in the
state, the government is supplying it at a cost
of Rs 190 per bag.
Amma salt: This is available in three cate-
gories: Rs 21, Rs14 and Rs 10.
Amma mobiles: They are given free and
are part of a scheme for Women Self-Help
Groups or SHGs. Some 6.08 lakh SHGs will
benefit from this and the government had
already distributed 20,000 mobile sets. Rs 15
crore had been earmarked for this scheme.
Amma micro loans: This scheme is aimed
at mitigating the suffering of small traders
who were affected in the recent floods.
Rs 5,000 will be given to them at 11 percent
interest.
Amma pharmacies: There are around 100
Amma Marunthagangal (Pharmacies) in
Chennai selling medicines at a nominal dis-
count of 10 percent.
Amma babycare kit: This is a Rs 67-crore
scheme where a free medical kit containing
a towel, a mosquito net, an infant mattress,
an infant dress, napkin, oil bottle (100 ml),
baby shampoo (60 ml), a soap with a box, a
nail cutter, kilu killuppai (rattle toy), a doll,
and a hand sanitizer (250 ml) will be given
to mothers post delivery in government
hospitals.
Amma tea: This is a product of the Tamil
Nadu Tea Plantation Corporation or TAN-
TEA. Tea packets will be supplied at a very
nominal rate and thereby, the government
hopes to increase the share of TANTEA in
the market.
Amma theaters: These are yet to take
off. The Chennai Corporation is planning
to construct cinema theatres in vacant land
belonging to it and will charge Rs 25
per screening.
GENEROUS CM?
These Amma brands are in addition to
other freebies which are provided to the
“This is a calculated attempt by Jayalalithaa
to boost her image by adding the honorific
Amma and using the state exchequer. It’s
aimed at the next elections.”
— A senior economist in Tamil Nadu
MUM’S THE WORD
(Clockwise from top) Amma salt, Amma pharmacy, Amma
cement, Amma babycare kit and Amma mineral water
STATES/ Tamil Nadu/Amma Brands

IL
people by the AIADMK. Jayalalithaa had
promised free laptops to students and free
mixies, grinders and ceiling fans to voters.
Other than this, goats and cows were also
provided to certain sections of people.
Ironically, the Amma brand is growing
by leaps and bounds in a state where there
is dwindling economic activity. But this is
alleged to be a calculated, systematic and
scheming attempt on the part of
Jayalalithaa which is angering the opposi-
tion. A section of economists too subscribe
to this view. “This is a calculated attempt by
Jayalalithaa to boost her image by adding
the honorific Amma and using the state
exchequer. This is a brazen activity aided by
state finances and aiming at the next elec-
tions,” asserted a senior economist with a
state government policy-making body, who
didn’t want to be named.
It is a moot question as to how long this
largesse will continue, for it cannot be sus-
tained for long with the state exchequer in
dire straits. In fact, Governor K Rosaiah in
his customary address to the state assembly
on January 20 had warned that the finances
of the state were not in a good shape.
MONOPOLISTIC PLAYER
Another problem which has cropped up is
that with the state encroaching into the
market and becoming the monopolistic
player, the livelihood of many small traders
is getting affected. For example, the Amma
canteens have affected roadside eateries. A
Shanmugam, the owner of a roadside
eatery in northern Chennai, said:
“Traditionally, I am an AIADMK voter.
This time I will not vote for Jayalalithaa.
She has ruined my life. The small amount I
was able to earn by selling idlis and dosas
has been wiped out by the Amma canteens.
Neither I nor my extended family of 17 will
vote for Jayalalithaa.”
However, those who benefitted from her
schemes outnumber people like Shanmugam.
Unlike the PDS, the Amma Canteens don’t
function with a focused beneficiary class.
Some even wonder if her generosity will get
reflected during elections. Will all those who
benefitted from her schemes actually vote for
Jayalalithaa?
Another fallout of these schemes, say
social scientists, economists and political
scientists is that the culture of freebies has
resulted in the de-politicization of Tamil
Nadu’s masses. By constantly making a
majority of the population dependent on
them, the ruling AIADMK is preventing
the masses from thinking about the root
causes of their poverty and finding a way
out of them.
Will it lead to a nation of people living
on dole, one wonders.
Governor Rosaiah
has warned that
state finances are
not in a good
shape. Amma’s
politics of
largesse cannot
continue for
long with the
exchequer
already in trouble.
HARD TIMES
The proliferation of
Amma canteens
have hit the
business of
roadside eateries

STATES/ Assembly Elections/ UP
Gaining by
Default? With the SP’s administrative
inefficiency in UP and the
Modi magic fading at the
center, will low-profile
Mayawati be the ultimate
gainer in UP’s polls in 2017?
BY MEHA MATHUR
A
S Uttar Pradesh gears up for
assembly elections in 2017, one
person who is waiting and
watching is BSP leader
Mayawati. After being defeated
in the 2012 UP assembly elections by the
Samajwadi Party and standing on the sidelines
watching the Modi wave in the 2014 Lok Sabha
elections, Behenji has been lying low and letting
her opponents tire themselves out. So be it in
the state where chief minister Akhilesh Yadav
has failed to administer or at the center where
Prime Minister Modi’s magic is fading,
Behenji’s strategy is working and she has gained
by default.
Starved for choices, UP’s electorate had
brought the young and promising Akhilesh
Yadav to power in 2012, hoping for clean gover-
nance and a departure from the past. But Yadav
junior had failed to come up to expectations, so
much so that his father, Mulayam Singh Yadav,
has become his foremost critic. At a meeting in
February 2015, Mulayam said: “The ministers
are not working. They are harmful to the SP's
future. I would have suspended them from the
party if I were the chief minister.”
DARK HORSE
The SP’s
incompetence
could well be
Mayawati’s gain
Photos: UNI

Even law and order has taken a beating as
evident during the Muzaffarnagar riots when
the state administration remained ineffective.
This was a district which had remained peace-
ful when other parts of India witnessed riots.
UP’s lawlessness was especially evident in
Dadri where a Muslim was lynched to death
and his family faced mob wrath over allega-
tions of consuming beef. The SP’s whip was
largely absent during communal clashes in
western UP in the last year or so. Numerous
rape cases such as the Badaun rape and mur-
der case didn’t help either.
Rampant corruption was also brought to
the fore when journalist Jagendra Chauhan
was burnt to death because he allegedly
threatened to expose a corrupt UP minister,
Ram Murti Verma. Then there was the case of
Yadav Singh, engineer-in-chief of Noida
Authority, Greater Noida Authority and
Yamuna Expressway Industrial Development
Authority, who was found to have assets dis-
proportionate to his known source of income.
When the Allahabad High Court directed the
CBI to investigate the case, the state govern-
ment approached the SC against the HC direc-
tive. Fortunately, the Supreme Court refused
to entertain the government's plea. Equally
damning was the controversy over the
appointment of UP’s Lokayukta, in which the
state government did not go by rules and
extended the term of a serving Lokayukta by
breaking all norms. It was a unique case of the
highest court of the land coming down heavily
on an elected state government over the
appointment of a Lokayukta.
T
he SP’s incompetence could be
Mayawati’s gain despite her earlier
obsession with mega parks and hoard-
ings when she was in power. Though her party
failed to win even a single Lok Sabha seat in
the 2014 general elections, she managed to get
18 percent of the Dalit vote.
Also, the weakening of Modi’s magic could
work in her favor. A significant number of
Dalits had voted for Modi because of his
national image and his development plank.
But he is no longer seen as infallible. The BJP
has suffered electoral losses in Delhi and
Bihar, there are challenges to BJP’s authority
in his own state, Gujarat, and it has had set-
backs in local elections. Modi’s image has been
tarnished by the fact that communal issues
have taken the lead in the national discourse at
the cost of the development agenda.
Meanwhile, Mayawati’s vote bank is com-
ing back to the BSP, their natural home. The
impression is gaining ground that during SP’s
rule, it was the dominant Yadavs who got
prime administrative positions and are to be
blamed for atrocities against Dalits. Her party
cadres still remember a June 1995 incident
where SP men attacked a guesthouse where
Mayawati was staying. This sense of injustice
among Dalits could well see Mayawati gaining
a foothold in future polls. The Dalits also see
tangible economic benefits in supporting
Mayawati, like housing.
A victory in Uttar Pradesh is important as
that could propel the winner to the center. But
Mayawati is in no hurry. After the humiliating
Lok Sabha defeat, she bided her time and kept
her cool. Her strategy is not to open the flanks
for smaller gains like local elections as the ulti-
mate target is capturing Delhi. She has made
no bones about that and has said in the past
that a Dalit should occupy that chair.
If people remember Maya Raj as Sushasan
Raj (good governance), it will only help her.
She, meanwhile, waits patiently for the elec-
torate to make up its mind.
—With inputs from Prabir Biswas
LAWLESS STATE
UP’s young and promising CM
Akhilesh Yadav (above) has
failed to live up to expectations
IL

STATES/Kerala/Solar Scam
The unfolding solar scam in
Kerala has put the ruling
UDF and chief minister
Oommen Chandy on the
defensive. With assembly
polls in May, will the state
see the comeback and
resurgence of other parties?
By Naveen R Nair
in Thiruvananthapuram
T
HE solar scam unfolding
in Kerala could well ma-
ke the Congress-led Uni-
ted Democratic Front
(UDF) meet its Waterloo
in the 2016 assembly
polls in May. With Chief
Minister Oommen Chandy now being di-
rectly accused of taking a bribe, the Congress
is certainly staring down the barrel. For a
party that has already been bruised badly in
the just-concluded local body elections, this
was just not what the doctor had ordered.
The CPM-led Left Democratic Front
(LDF) had already been on an upbeat mood
UDF’sWaterloo
LOOKING FOR
COVER?
(L-R) Kerala CM
Oommen Chandy
has his back to the
wall after Saritha
Nair’s revelations on
the solar scam

following the unexpected gains in panchayat
elections in 2015. This comes as a shot-in-
the-arm for the Marxists who had otherwise
been struggling to make a comeback in one
of its oldest bastions in the country.
Though money-wise, the solar scam
might pale in comparison with what some
UPA ministers have made, it is a story of
sleaze, blackmail and misuse of government
machinery to cover up the trail. This makes it
quite a messy scam.
CM UNDER FIRE
Though half his cabinet has always been
under the needle of suspicion for taking kick-
backs and other favors in the alleged `10-
crore scam, this was first time that Chandy
has been feeling the heat.
With Saritha Nair, the prime accused in
the case, deposing before a judicial commis-
sion set up by the same government that she
had paid `1.9 crore to the CM, the game
changed dramatically. For the first time in
the state’s history, a vigilance court ordered
an FIR to be filed against a sitting CM.
Chandy, who had always claimed innocence,
lost face, only to be saved at the last moment
by a High Court stay order for two months.
Chandy claims that it is a political con-
spiracy by the CPM aimed at the upcoming
assembly elections. But Nair’s allegations
against Chandy seem candid enough and not
the type to be brushed aside as political con-
spiracy, especially when the CM himself has
left too many loose ends, an argument that
even the local Congress leaders agree in
hushed tones.
What is biting back Chandy is his inability
to stand by his own testimonials. Initially, he
went on to make a statement in the assembly
that he had never met Nair in person. He
retracted his words, agreeing that he had met
her thrice but only in public domain. But
with Nair now saying that she had met
Chandy on a number of occasions, seeking
favor for her infamous Team Solar company
that duped customers of crores of rupees, the
CM’s claims seem to have few takers.
Chandy had always maintained that the
solar scam is a private case of forgery and
does not involve any loss to the exchequer. An
argument that may stick technically, but
when the CM’s office itself is alleged to have
promoted a fraudulent firm leading to the
resignation of two of his trusted staff mem-
bers, Chandy cannot shy away from taking
the blame. This has been the argument of the
LDF, till Nair’s new claims gave fresh impe-
tus to the allegations.
WARHORSE CHANDY
The Congress party in the state, though
divided right in the middle, still backs
The Congress in Kerala, though divided
right in the middle, still backs Oommen
Chandy as its members know there is no
one to replace him for the assembly polls.
HIGH COMMAND’S
BLESSINGS
(Below) Chandy receiving
Sonia Gandhi during
her visit to Kerala in
December 2015
(Bottom) SFI activists
ask for Chandy’s
resignation during a march
in Thiruvananthapuram
Photos: UNI

I
f there is one party in Kerala that would
love to hear the story of King Bruce and
the Spider, it is the BJP. The party
believes it is close to breaking the Kerala
jinx like never before after the remarkable
inroads it achieved in the 2015 local body
elections (see box Rich Haul).
It pushed the Congress to third position
in Thiruvananthapuram corporation where it
came second and is in power in Palakkad
municipality. This is a clear indication that
at least a sizeable share of the Congress’
vote bank is moving towards the BJP.
The BJP in Kerala had suffered on two
fronts which never gave it a chance to rise
above 10 percent of the vote share. One is
the inability to consolidate the Hindu vote
bank. The party now hopes to change it by
tying up with the largest Hindu community
in the state, the Ezhavas. With the SNDP
(an organization of the Ezhavas) forming a
new party called Bharat Dharma Jana
Sena, the BJP hopes to get a major share
of the Ezhava votes. This if comes along
with a sizable Nair vote bank, the party
knows it can be a definite game-changer.
Secondly, the lack of a strong leader-
ship in Kerala has always led to warring
factions. It is here that party president Amit
Shah had stepped in, bringing strongman
Kummanam Rajasekharan at the helm in
the state. A right-wing activist known for
spearheading popular campaigns,
Kummanam is a household name in
Chandy as its members know there is no one
big enough to replace him, an old warhorse,
in an election year. Also, any change of guard
will only upset the apple cart that survives on
a slender ceasefire between two warring
groups in the party. Though the high com-
mand had ordered an internal inquiry, Sonia
Gandhi too has come out openly to say that
she trusts Chandy for his “clean record and
unflinching faith in the Congress ideals’’.
After all, when the entire nation withdrew its
hand from the mother and son in 2014, it was
Chandy who sent a 12-member-strong (out
of a nationwide 44 MPs) contingent to bol-
ster numbers in parliament.
Again, with at least three other ministers
facing credible corruption charges in the
present Kerala cabinet, the Congress sees no
point in toppling Chandy for the moment.
Nair had also alleged that she had paid `40
lakh to power minister Aryadan Mohammed,
against whom also the vigilance court has
ordered a probe.
All these fresh allegations struck just after
the bar bribery case, which forced finance
minister and political heavyweight KM Mani
to put in his papers. K Babu, the excise min-
ister, also had rendered his resignation to
Chandy, only to return on the strength of a
stay order.
So with the majority of his cabinet stained
with corruption charges, Chandy remains
numero uno among a pack of rotten apples.
LDF’S OPPORTUNITY
For the LDF, this is perhaps the best oppor-
tunity to step on the gas and it is doing it the
best way it knows. While opposition leader
VS Achuthanandan and CPM state secretary
Kodiyeri Balakrishnan keep conducting
press meets calling for Chandy’s resignation,
the youth and student wings have taken to
the streets in protest. The capital had become
a battle zone with SFI and DYFI cadres cla-
shing with the police in front of the Sec-
retariat. This is a usual signal from the Left
forces that they are in for a long haul till the
polls. The CPM has also launched campaigns
SaffronRisein
Kerala?
Upbeat after the 2015 local bodies poll
results, the BJP hopes to turn the tide
during the assembly elections
RichHaul
Results of local bodies
polls in Kerala in 2015
Corporations: 6
LDF : 5
UDF : 1
BJP : 0
Muncipalities: 87
LDF : 43
UDF : 42
BJP : 1 (Palakkad)
Gram Panchayats: 941
LDF : 550
UDF : 365
BJP : 12
The BJP doubled its total
local body seats from 550
in 2010 to 1,100 in 2015.
VOTE BANK POLITICS
The launch of Bharat
Dharma Jana Sena in
December 2015
STATES/Kerala/Solar Scam
UNI

India Legal 29 February 2016

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