Wednesday, April 27, 2016

Away from battle of ballot, not from people

A few years ago, farmers in Andhra Pradesh declared a crop holiday. Farming became non-viable not only due to crop failures or natural calamities, but also, more tragically, due to market manipulations and non-remunerative prices. Even when there was a bumper crop, farmers were not able to break even. These forced them to go in for crop holiday, which shocked the society which rued the tragedy that befell the farmers.

Today, when Loksatta declared an ‘Election Holiday,’ friends and well-wishers are expressing the same sort of anguish, and many questions are raised in right earnest about the sagacity of this step. Loksatta believes in letter and spirit that while the party is above individuals, country’s interests are far more important than that of a party. Hence, in the present circumstances, this decision is inevitable. 

When dynastic succession, cronyism and nepotism are ruling the roost in the arena of Indian politics, Loksatta introduced a new political culture focusing on people’s involvement and empowerment. The Loksatta Movement which started in 1996-97 ushered in a new political lingo, which is embraced willy-nilly even by the traditional mainstream parties, albeit for sloganeering purpose, if not for real change for betterment.

It may not be out of place to recall how the Loksatta Movement started with a seemingly innocuous step to end malpractices at petrol stations.  This simple project saved the nation an estimated three lakh crores of rupees till date on the one hand, and, on the other, it made the consumers more aware of the potential power of participatory democratic action. 

The core philosophy underlying the vision of Loksatta, be it as a movement or a full-fledged political party, is absolutely the same. Loksatta and its founder Dr Jayaprakash Narayan had to work against many odds to build a viable organisational framework for the party without a sizeable cadre at the grass-roots level. When it came to fighting elections, it became impossible to fight against the brute power of money, muscle, liquor and freebie-based culture of the mainstream political parties. Loksatta could not get the expected 15-20% of the vote share.  

A question is posed by many whether this is a valid reason to declare an Election Holiday. Several opine that organisational lacunae should be rectified to get the desired results. Even if Loksatta were to build a wonderfully strong organisational framework, ground reality is not conducive to bring in the much desired change in the political ethos for some time to come.

Loksatta took a strong and well-thought out decision to distance itself from elections and work with like-minded people to achieve its cherished goals. The most immediate agenda of Loksatta 2.0 is: Decentralisation of power and devolution of funds to States and local bodies, taking care, at the same time, to keep national unity and integrity and the responsibilities of the Central government, intact; and reforms in education and health sectors on an urgent footing.

From Delhi to galli, there is no issue concerning the well-being of the people of India that is not addressed in-depth by Loksatta. Working simultaneously on all these aspects, Loksatta has decided to focus its immediate attention on education, health and devolution of power to States and local bodies. At the cost of sounding repetitious, it may be stated that even if Loksatta were to continue to fight in the arena of electoral process, the winds are not favourable. 

Though there are good people in all the mainstream political parties who want to put a stop to the rotten system of spending crores and crores in elections, they remain isolated and helpless. Loksatta can never compromise its core values either for personal aggrandisement or for short-term power.  

Loksatta’s definition of ‘real politic’ is to put in place a system in which every child gets an equal opportunity to develop its potential full well, without facing any discrimination because of  caste, gender, region, language, poverty and so on. This is the first and foremost goal of Loksatta and hence the decision to declare an Election Holiday. 

Loksatta’s motto ‘Antidote to bad politics is good politics and not no-politics’ is being accepted by more and more people, especially the youth. To some extent at least, it could kindle a hope in many hearts that politics can be a sacred vocation. It elevated the standards of public debate quite considerably.

It seeks the blessings of people for its decision to declare an Election Holiday and work for with a greater urgency to achieve decentralisation and devolution of power, and to reform health and education sectors, which will lead to empowerment of the most vulnerable sections of our society. 

Courtesy: The Hans India By Srinivas Kusampudi

NITI Aayog meet seeks reforms in public healthcare system

India’s public health system could be in for an overhaul if the government agrees to proposals on universal healthcare discussed at a meeting of the NITI Aayog, the think tank that has replaced the Planning Commission, on Monday.

The proposals call for outsourcing primary healthcare to private doctors and promoting competition between government and private hospitals at the secondary level, which involves services of medical specialists.

Access to healthcare for all Indians is possible through this model with a nominal increase in the health sector’s share of the Union budget if the Indian economy continues to grow 7-7.5% in the next few years.

The proposals, discussed at the at the NITI Aayog by the Hyderabad-based Foundation for Democratic Reforms (FDR) and the Mumbai-based non-governmental organization Loksatta Movement, were based on the experiences of the UK’s National Health Service, the government-run health programme.

The proposal recommends that all MBBS doctors in rural India should be trained as family physicians and be paid by the government for each patient they treat.

“Every area will have a select number of family doctors. Patients will have the choice to contact any of them as they will be paid by the government. Doctors’ merit will be based on the number of patients that they attract and will be promoted within the public health system accordingly,” said Surendra Srivastava, national president of the Loksatta Movement.

The primary health centres (PHCs) will carry out government initiatives such as immunization and provide laboratory services and free medicines.

This is a radical shift from the current system where the government funds pays salaries to physicians and specialists only in the PHCs.

At the secondary level, choice and competition are seen as the most cost-effective options. Community health centres and private nursing homes will both be offered incentives by the government for efficient treatment and whoever provides better services will get a more attractive compensation.

In the current system, the government is responsible for strengthening only district hospitals. It pays private doctors only when a public-private partnership (PPP) is announced for specific services such as institutional deliveries.

“At the tertiary level, we believe a mix of AIIMS (All India Institute of Medical Sciences)-like institutions and low-cost private models such as Sankara Nethralaya, Chennai, and Narayana Hrudayalaya should be promoted. Corporate hospitals with high-cost treatment should not be promoted,” said Srivastava.

This, too, is a radical shift because the model discourages any relationship between corporate hospitals and the government, which is the norm currently.

Most joint ventures and PPPs for tertiary care exist between the government and corporate hospitals, in addition to them being on the list of empanelled hospitals for government employees.

The proposal estimates that if the said model is put in place, primary and preventive healthcare would cost Rs.80,000 crore-1.2 trillion per year by the year 2022. Secondary care will cost Rs.40,000 crore, while tertiary care will cost Rs.93,000 crore, making it a total of Rs.2.18-2.53 trillion. Assuming a cost escalation of 50%, the amount needed will be Rs.3.27 -3.80 trillion.

“If India’s real growth rate continues to be 7% and nominal growth 11%, the country’s gross domestic product (GDP) will be Rs.240 trillion. Through our model, universal health care will be achieved by spending 1.67% of GDP,” said Jayaprakash Narayan, general secretary, FDR. Currently, India spends approximately 1.3% of GDP on the health sector.

“The officials at NITI Aayog were positive about the proposal made,” said Narayan, who was present at the meeting.

Although universal health care was a promise under the 12th Five Year Plan (2012-17), it has not taken off as the Union and state governments have not reached a consensus on the model it should be based on and the services it would offer.

The meeting at NITI Aayog is seen as beginning of a process of dialogue towards consensus.

Courtesy: Live Mint

Thursday, April 21, 2016

LOKSATTA’S HEALTH FOR ALL MISSION Round Table in Delhi on 23rd April and Presentation before NITI Aayog on 25th

Loksatta/ Foundation for Democratic Reforms (FDR) has prepared a detailed Plan of Action-Document on Health for All through which, each and every person, right from Delhi to the remotest corner of India, can access quality health services without spending a single rupee from own pockets and at the same time, costing very little to the Government.

With a view to ensure its implementation throughout India, Dr.Jayaprakash Narayan, under the auspices of Loksatta/FDR and Public Health Foundation of India (PHFI) will be organising a Round Table Conference on 23rd April, in the India International Centre, Delhi. Many experts from the field of medicine and health services will be participating in the Round Table Conference.

Thereafter, on 25th April, there will be a detailed presentation by Dr. JP and Prof Srinath Reddy (PHFI) before the NITI Aayog, as per their invitation.

The Health for All document is prepared by Loksatta after an in-depth study of the prevailing health systems in various countries. A detailed analysis of their experience and results achieved, self-evident statistics and all the relevant factors are incorporated into the Report to make it comprehensive and easily implementable.

The Report reveals the bitter truth that even small countries like Bangladesh, Sri Lanka and Vietnam, with much less GDP as compared to India, have fared far better in ensuring quality health care to their peoples. Dr.JP has reminded the Media that in the OECD Survey on Educational Standards, conducted in 74 countries, India stood woefully at No.73. Kirgizstan had got the dubious distinction of standing at the bottom of the list at 74. But when it came to Health Services, even Kirgizstan’s health care system is far better than that of India. In the above mentioned four countries, as compared to India, the infant mortality rate is far less. India is spending just a pittance of 1.1% of its GDP on Health Care, and this is one of the lowest allocations compared to any major country or significant economy- developed, emerging or poor.

A workable solution lies in using India’s Innate Strengths

One need not despair and lose heart over the present sad state of affairs. India is blessed with many crucial strengths. We have a great medical expertise in the form of highly skilled and dedicated doctors and health personnel. We also have the wherewithal in our strong pharma sector to manufacture medicines at a fraction of the cost prevailing in the developed world. Coupled with the demand and technical knowledge of our people, India can provide free and quality Healthcare Services to her vast population, even on a very limited budget. Clarity on implementing the scheme and a strong political will are the crucial factors which will ensure healthcare to the last person in the most vulnerable position, throughout the length and breadth of the country, and that too, on a totally cashless basis.

LOKSATTA’S MODEL PLAN - SALIENT POINTS

Loksatta/FDR’s Model Plan for its Health for All Mission has taken a final shape after a long churning process and detailed deliberations. Under this easily implementable Action Plan, there will be one doctor for a population of 5,000 each. There will be a Team or Panel of Doctors available and based on their personal requirement, the patients have the freedom to choose a doctor of their choice from the said Panel. The expenses will be borne directly by the Government, through District Medical Boards, to be put in place. As regards the Primary and Secondary Sectors, it will be based on a Public Private Participation (PPP) Model. There will be a Super Speciality Hospital in each district to take care of the Tertiary level of Healthcare Services. Since the tertiary level involves high cost and low result, the treatment and expenses will be totally in the Government Hospitals only. If properly implemented, Loksatta’s Health for All model can deliver quality health without out of pocket expenditure of moderate cost of only 1.7% of GDP.

Loksatta has been arguing from the very beginning of its inception that it is the responsibility of the Government to provide free of cost, quality education and good healthcare services to its people. This step alone ensures that every child will have an equal opportunity to grow to its full potential. And this and this alone is the remedy to eradicate poverty and end discrimination on the basis of caste, gender, language, region and so on. Dr.JP has stressed the point that Loksatta is always forthright in denouncing freebies and loan-waiver schemes which only widen disparities in society and reduce the poor into beggars.

Dr.JP has recalled the success that Loksatta could achieve to some extent, through it National Health Mission. Now with the freshly prepared ‘Health for All Mission’ in hand, he will be meeting the Prime Minister, the leaders of the Opposition and other important persons to convince them for its effective and speedy implementation all over India.

Loksatta sources have stated that as part of their Five Point Agenda, they will be organising many programmes based on this crucial point of Health for All, so as to create awareness among people and through them bring pressure on the Government and the concerned agencies to implement this vital piece of reform, which will make India into a healthy and strong nation.


Saturday, April 16, 2016

Surendra Srivastava - an avid cricket fan who moved IPL out of Maharashtra

The PIL said as much as 60 lakh litres of water was to be used for maintaining cricket pitches in the three venues nominated in Maharashtra for IPL 2016.


For Surendra Srivastava, national president of NGO Loksatta Movement, which filed a public interest litigation (PIL) leading to Indian Premier League (IPL) matches being shifted out of Maharashtra from April 30 onwards, the water shortage he was facing was a far greater issue than his love for the game.

The avid cricket fan who played corporate cricket himself says he and other members of the NGO, especially those living in Thane, felt the shortage first hand.

Filed by the Foundation for Democratic Reforms and Loksatta Movement, the PIL aimed to find a solution to the water woes of people, but the April 13 order asking the BCCI, state cricket associations and IPL franchises to move the matches out of Maharashtra was “unexpected”, says Srivastava. “We were only hoping to find solutions to the water scarcity problems,” he adds.

The PIL said as much as 60 lakh litres of water was to be used for maintaining cricket pitches in the three venues nominated in Maharashtra for IPL 2016.

“For the last two to three months, our society in Lalbaug has been depending on tanker water. Several other members of the NGO who live in Thane were only getting water supply twice or thrice in a week. Chief Minister Devendra Fadnavis was appealing to people to play a dry Holi and this prompted us to think of seeking restraint on playing IPL in the state so that the water thus saved could be used to meet the water needs of people,” says Srivastava.

On April 13, the HC observed that shifting matches to adjoining states would at the most lead to financial losses but “the harm caused may be greater if matches are allowed to continue”.

The BCCI and state cricket associations have also been directed to supply 64 lakh litres of water to villages nominated by the court — the same amount that would have been used for maintaining the pitches.

Loksatta Movement, which works for political and government reforms, is registered in Hyderabad and has been operational since 1996 (since 2001 in Mumbai) . “We have filed several petitions including the PIL in the Supreme Court seeking disclosure of assets and criminal records of political candidates, and were also involved in the cancellation of 2G licences,” adds Srivastava.

“When you read about people in areas like Latur having to survive without water, you tend to question priorities…I have nothing against the game. In fact, I love cricket and have played corporate cricket myself ,” he says, pointing to a photo in which he is seen receiving a certificate. “I prefer to watch matches on TV rather than going to stadiums,” he adds.

With the PIL kept for hearing on May 2, he hopes the petition leads to greater implementation of the government’s policy in water management. “People have written letters congratulating us. Even the youth who watch IPL have come out in support,” says Srivastava.

Courtesy: The Indian Express

Tuesday, April 5, 2016

Dr JP’s Letter to Sri N.Chandrababu Naidu, Hon’ble Chief Minister of AP

5th April, 2016

To
Sri N. Chandrababu Naidu
Chief Minister of Andhra Pradesh
AP Secretariat
Hyderabad


Countless innocent purchasers of immovable properties are being cheated by unscrupulous land mafias all over the State, and particularly in major cities and other urban areas. Our legal provisions are very weak, and though the middle class and poor buyer of property pays a substantial stamp duty and registration fee running into vast sums, the Government does not guarantee the title of land. At present the amount collected through the stamp duty and registration fee as per 2016-17 budget is estimated at Rs 5,180 Crores. Unfortunately, the innocent buyer in most cases is not even aware of any pending litigation in respect of the land. A middle class or poor family invests a lifetime’s savings in purchasing valuable immovable property. When such a property is found to be involved in litigation, or the seller has already sold it to another buyer, or the seller is not a bonfide owner of the property, the innocent buyer is subjected to enormous hardship, anxiety, litigation, and potential loss of lifetime’s savings.

The 2006 Bhu Bharathi land survey programme taken up as pilot project in of Nizambad in the erstwhile united Andhra Pradesh has raised the expectations of all stake holders, including the poor buyers of immovable properties, realty promoters and banks who lend substantial funds on the basis of documents. However the programme has failed to take off and people’s expectations were dashed. It is estimated in a study conducted by National Institute for Smart Government that 28% of the lands in peri-urban areas are affected by land disputes and the litigants end up spending about Rs.750 crores per annum without an end in sight. The Government which collects substantial sums from the public by way of stamp duty and registration fee has got a bounden duty to protect and reinforce the title to the properties purchased by unwary public.

The recent decisions of the Andhra Pradesh government to digitize and make revenue records accessible for verification by the banks and simplify the loan disbursal process to help the farmers and to amend the Registration Act to prevent the menace of double registration are positive steps to ensure transparency of property transactions.

This letter is regarding the need for a mechanism for prospective purchasers of immovable property to verify whether a property is subject to any pending suit, decree or an attachment. Thousands of prospective purchasers are buying lands every year unaware of the pending litigations over the immovable property that they purchase. This is causing a lot of hardship, loss, anxiety and unnecessary litigation since the purchaser has no way of ascertaining if litigation is pending over the property if the person offering the property for sale does not disclose it or if he deliberately suppresses the information.

Registration of any property should ensure the following:

1. Registration of any property must guarantee a clear title. Irrespective of whether the buyer knew or did not know about the pending suit, he would be subject to Court’s decision.
2. Information about pending suits must be made accessible to the buyers. In the absence of such mechanisms thousands of innocent people are being drawn into unnecessary legal battles

The law as it stands today states in Transfer of Property Act, Section 52 that if a property is bought while a case is pending with respect to any right to such property directly and specifically in question, the buyer will be subject to whatever the court decides. As a result, after parting with the life time savings, the purchaser gets a shock of his life when he comes to know that the property is subject to litigation, and that it may stretch for decades and ultimately deny him the title to the property.

The states of Maharashtra and Gujarat by a State amendment to Section 52 of The Transfer of Property and the Indian Registration (Bombay Amendment) Act, 1939 have facilitated registration of the notice of lis pendens so that the office of sub-registrar will disclose to the prospective buyer whether there are any pending litigation along with other encumbrances over the property. The Supreme Court in 2010 cited this Act and recommended to the Law Commission and the Parliament to consider such amendment or other suitable amendments to make registration of notices in respect of decrees and in regard to attachments of immoveable properties compulsory in all other states too. The 157th report of the Law Commission submitted in April 1998 also recommended the amendment of these two sections. In 2011, the Gujarat High Court held that due to this amendment, “the purchaser may not be in a position to contend that he was not aware about the pendency of the litigation…” When the pending litigation is registered, the purchaser can protect his bonafide interests.

Considering the commitment of Andhra Pradesh State Government to proactively reduce needless litigation and to protect the interests of the unwary public who otherwise may get entangled in avoidable litigation, we request you to amend Sec 52 of Transfer of Property Act, 1882 and Section 17 or 18 of Indian Registration Act, 1908 as proposed in the Annexure.


Sincerely,

Jayaprakash Narayan

Dr JP’s Letter to Sri K.Chandrasekhar Rao, Hon’ble Chief Minister of Telanagana

5th April, 2016

To
Sri K. Chandrashekar Rao,
Chief Minister of Telangana
Hyderabad




Countless innocent purchasers of immovable properties are being cheated by unscrupulous land mafias all over the State, and particularly in Hyderabad city and other urban areas. Our legal provisions are very weak. Though the middle class and poor buyer of property pays a substantial stamp duty and registration fee running into vast sums, the Government does not guarantee the title of land. At present the amount collected through the stamp duty and registration fee as per 2016-17 budget is estimated at Rs 4,219.99 Crores. Unfortunately, the innocent buyer in most cases is not even aware of any pending litigation in respect of the land. A middle class or poor family invests a lifetime’s savings in purchasing valuable immovable property. When such a property is found to be involved in litigation, or the seller has already sold it to another buyer, or the seller is not a bonfide owner of the property, the innocent buyer is subjected to enormous hardship, anxiety, litigation, and potential loss of lifetime’s savings.

The 2006 Bhu Bharathi land survey programme taken up as a pilot project in Nizambad district has raised the expectations of all stake holders, including the poor buyers of immovable properties, realty promoters and banks who lend substantial funds on the basis of documents. However the programme has failed to take off and people’s expectations were dashed. It is estimated in a study conducted by National Institute for Smart Government that 28% of the lands in peri-urban areas are affected by land disputes and the litigants end up spending about Rs.750 crores per annum without an end in sight. The Government which collects substantial sums from the public by way of stamp duty and registration fee has the bounden duty to protect the title to the properties purchased by unwary public.

The recent initiative of your government to digitize land records should be aimed at protecting not only the Government lands but patta lands as well. There are however a few legal tangles that have to be resolved and a few practical steps need to be taken.

This letter is regarding the need for a mechanism for prospective purchasers of immovable property to verify whether a property is subject to any pending suit, decree or an attachment. Thousands of prospective purchasers are buying lands every year unaware of the pending litigations over the immovable property that they purchase. This is causing a lot of hardship, loss, anxiety and unnecessary litigation since the purchaser has no way of ascertaining if litigation is pending over the property if the person offering the property for sale does not disclose it or if he deliberately suppresses the information.


Registration of any property should ensure the following:

1. Registration of any property must guarantee a clear title. Irrespective of whether the buyer knew or did not know about the pending suit, he would be subject to Court’s decision.
2. Information about pending suits must be made accessible to the buyers. In the absence of such mechanisms thousands of innocent people are being drawn into unnecessary legal battles.

The law as it stands today states in Transfer of Property Act, Section 52 that if a property is bought while a case is pending with respect to any right to such property directly and specifically in question, the buyer will be subject to whatever the court decides. As a result, after parting with the life time savings, the purchaser gets a shock of his life when he comes to know that the property is subject to litigation, and that it may stretch for decades and ultimately deny him the title to the property.

The states of Maharashtra and Gujarat by a State amendment to Section 52 of The Transfer of Property and the Indian Registration (Bombay Amendment) Act, 1939 have facilitated registration of the notice of lis pendens so that the office of sub-registrar will disclose to the prospective buyer whether there are any pending litigation along with other encumbrances over the property. The Supreme Court in 2010 cited this Act and recommended to the Law Commission and the Parliament to consider such amendment or other suitable amendments to make registration of notices in respect of decrees and in regard to attachments of immoveable properties compulsory in all other states too. The 157th report of the Law Commission submitted in April 1998 also recommended the amendment of these two sections. In 2011, the Gujarat High Court held that due to this amendment, “the purchaser may not be in a position to contend that he was not aware about the pendency of the litigation…” When the pending litigation is registered, the purchaser can protect his bonafide interests.

Considering the commitment of Telangana State Government to proactively reduce needless litigation and to protect the interests of the unwary public who otherwise may get entangled in avoidable litigation, we request you to amend Sec 52 of Transfer of Property Act, 1882 and Section 17th or 18 of Indian Registration Act, 1908 as proposed in the Annexure.




Sincerely,

Jayaprakash Narayan

Panama Papers Only Tip of the Iceberg: Dr JP

Leak of offshore account details from Mossack Fonsesca are only tip of the iceberg, tweeted Loksatta founder Dr Jayaprakash Narayan today. But they remove lid of secrecy, he said. “It will now be harder for secrecy havens to operate. Whistleblowers did a great service to global community. Nations must now act. Indians have $b700+ in offshore havens. What is revealed is peanuts. We are losing $b70+ a year. We must stop this haemorrhage. If $b700 offshore money & half of idle money in our 20000 ton gold is invested wisely, we will have great infrastructure & millions of jobs” said Dr JP.

Saturday, April 2, 2016

LokSatta Supports Simultaneous Polls - Constructive no-confidence and direct election of CM are keys

LokSatta founder Dr Jayaprakash Narayan welcomed the proposal for conduct of simultaneous polls to Lok Sabha and State Assemblies. Referring to the news reports of Prime Minister’s support for simultaneous polls, Dr JP stated that repeated election cycles are disrupting administration, delaying vital decisions in national interest, and undermining governance. Dr JP recalled Lok Satta team’s evidence before the Parliamentary Committee on the subject.

Dr Jayaprakash Narayan pointed out that in our Westminster model of government, even if simultaneous elections are somehow held in 2019 by amending the constitution suitably, there is no guarantee that State Assemblies will not be dissolved or midterm polls will not be conducted. Therefore a series of steps should be taken to achieve the objective and improve governance.

Dr Jayaprakash Narayan proposed that first at national level we should incorporate a provision in the constitution for ‘constructive no – confidence’. Germany has a similar provision. Under constructive no – confidence, a government can be unseated in Lok Sabha only if an alternative government with majority support is feasible. This will guarantee stability and ensure that the Lok Sabha will run its full term. There will be no occasion for midterm polls.

Westminster model is suitable at the national level given our diversity, vastness, and complexity. However in states, dependence of chief ministers on support of MLAs for survival and the enormous illegitimate expenditure for vote buying are undermining governance. In general, from Panchayat to Parliament the people are voting for or against the state government. Voters see state as the true political unit. Given that, if the head of government in states is elected directly by the people for a fixed term of five years and he (she) has the choice of cabinet, and government’s survival does not depend on MLAs, we can ensure stability, good governance and effective delivery in states.

Dr Jayaprakash Narayan appealed to all political parties to set aside their differences and come together on these critical proposals of constructive no – confidence at national level, and direct election of chief ministers in states for a fixed term. These vital reforms will ensure simultaneous elections and improve our governance and economic growth vastly.

Friday, April 1, 2016