Report - An Expose of one year of the NDA Government

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An exposé of one year of the NDA government
Ache dina da
Katu satya

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5. Contents:
Executive Summary 6 - 7
Modi government’s Handbook on How To Wreck The Public Health System 9 - 12
One year of BJP government has been detrimental to Child Rights 14
Abysmal focus on Women’s Issues 16 - 17
One year of BJP led NDA government and Major Shifts in Agriculture Policies 19 - 21
Violating our Environment 23 - 25
Labour Reforms that Enable Businesses and Hinder Workers 27 - 29
Infrastructure and Planning: Unplanned and Unsustainable 31 - 34
New cult(ural) regims: trends and avataars 36 - 39
Rise of Communalism in the past one year 41 - 44
Judicial reforms 46 - 47
Concluding Remarks
Cartoons
48
49

6. 6
Executive
Summary
The report is a collective articulation of around 30 Civil Society organizations based in Bangalore reflecting and interacting for
nearly a month on the impact of the NDA’s policies and style of governance over the past one year on several sectors of Indian
society. This particular expose consists of different reports on specific subject areas of involvement of those who are part of
this loose knit forum and the difficulties these sectors face due to direct and indirect impact of the policies of the BJP led Gov-
ernment. The subjects of the expose span across Agriculture, Environment, Labour laws, Child rights, Public health, Judicial
reforms, infrastructure development specifically with regard to airports, Culture, etc. This report is in no manner exhaustive of
all the sectors that have been affected in the past year, but is an attempt to throw light on the few that have taken a beating
within the scope of activities of various civil society organisations. The areas introduced in this summary have been dealt with
in detail in the body of this text.
Public Health:
Heath care is increasingly being privatized, pharmaceutical companies have been allowed to raise prices of medicines, the
inaccessibility of free health care, medicines and diagnostics, ruthless budget cuts in health and other related issues have led
us to raise eyebrows at the promise of Ache Din.
Child Rights:
The lack of concern towards the rights of children was keenly felt this past year with key amendments to the Juvenile Justice
Act and the Child Labour Prohibition and Regulation Act. The implications of these amendments are dealt with herein.
Women’s Rights:
The telltale slash in welfare budgets, push towards dilution of Section 498-A of the IPC, non-inclusion of marital rape in the
IPC, increasingly sexist statements by top leaders of the BJP calls for sharp criticism.
Agriculture:
Agriculture has taken a back seat in the current regime due to Reduced spending on research and irrigation, Changes in the
MNREGA, Policy changes, Faulty Land Acquisition Bill, Impetus to Genetically Modified Organisms.
Environment:
The instances of the Government supporting development dictated by the corporate lobby are on the rise. Destabilizing insti-
tutional structures like the NBWL, EAC, SPCB and regressive changes suggested to the framework of environment legislations
are some of the dangerous trends identified in this report as undermining participatory governance.
Labour:
Rampant amendments to key labour legislations, curtailing the formation of unions, rigid rules for strikes and other issues
brought to light herein are all indicators of dire times ahead.

7. 7
Infrastructure and Planning:
The key areas of concern in this report are tourism and airports. The launching of two tourism schemes, National Mission on
Pilgrimage Rejuvenation and Spiritual Augmentation Drive (PRASAD) and Swadesh Darshan, raise a plethora of questions
regarding selection processes, the need for sustainable development and many more. Disturbing effects of setting up new
airports, the increasing privatisation of airports and the Greenfield Airport Policy are dealt with in this report.
Media and Culture:
This report presents an exhaustive take on the present government’s radical and unconstitutional trend of appropriating cul-
ture, stifling dissent, keeping the“anti-nationalist”threat alive and curbing the freedom of the press.
Communalism:
The Ghar Wapsi campaign, the Government’s Hindutva agenda, Love Jihad, the beef ban and a comprehensive timeline of the
disturbing growth in communal attacks are dealt with in great detail in this report.
Judicial Reforms:
Doing away with the collegium system of appointment of judges of the High Courts and the Supreme Court has cropped up
in recent debates. However, the Government’s“solution”in the form of the National Judicial Appointment Committee will
certainly intensify the evil sought to be remedied.

8. 8
Modi government’s
handbook on how
to wreck the public
health system>>

9. 9
n the past one year the Modi government and its corporate cartel has scripted the destruction of the public health system
through sometimes aggressive, sometimes sly but relentless attack on health governance, systems and structures.
One of the many highly suspect promises of Modi’s election campaign fought on the specious idea of‘development’was its
promise of‘health assurance to all Indians’. No sooner did Modi come to power it was pay -back time and he has lost no time
in returning the generous favors bestowed on him by the corporate cartels including the medical / pharmaceutical mafia.
Here is a list that should be put up in the Modi government’s hall of shame:
The grand deception of free health care, medicines and diagnostics
Modi government never meant to fulfill it electoral promises. The government’s mastery over double-speak and the yawning
gap between its words and actions was clearly evident in the 20% cut in the health budget. After having made grandiose
promises of free medicines diagnostics and health care during its misleading electoral campaign, the Modi government
quickly did a u-turn and announced a 20% reduction in the budget. India’s spending on health is among the lowest in the
world at 1% of the GDP and has among the worst health indicators including maternal and neonatal mortality, malnutrition,
prevalence of communicable and vector borne diseases despite its economic growth.
In addition to the healthcare budget, the finance ministry also ordered a spending cut for India’s HIV/AIDS programme by
about 30 percent to Rs. 13 billion rupees ($205.4 million). India had the third-largest number of people living with HIV in the
world at the end of 2013, according to the U.N. AIDS programme, and it accounts for more than half of all AIDS-related deaths
in the Asia-Pacific.In October, India was on the brink of running out of a critical medicine in its free HIV/AIDS drugs pro-
gramme due to bureaucratic delays. Second line ART drugs are in acute short supply that had led to increased non-adherence
leading to serious side-effects and complications.
What will get affected?
• The National Health Mission that provides all the preventive / promotive health care services focusing on maternal, neona-
tal, infant and adolescent health will be the first casualty. The NHM supports a network of ASHAs, sub-centres, PHCs and CHCs
whose strengthening is critical for reduction of maternal, neonatal and infant mortality.
• ASHA workers who are among the most exploited health care workers will be the worst hit as the pittance they earn will get
strangled.
• As many as 15 national programs, including tobacco control, mental health, prevention of blindness, trauma care, elderly
care, and human resource development have not been allocated a single rupee.
• The free drugs scheme will go into cold storage.
• District hospitals will continue to reel under lack of staff, poor infrastructure, lack of essential drugs, supplies and
equipment.
• The budgetary cut will affect the high priority tribal districts in several states, adversely impact proposed interventions in
the districts and will reverse what little gains have been made on improving health indicators of the most vulnerable popula-
tion.
• There are several states that are moving into high HIV prevalence category and the present cut in funding will retard HIV
prevention and control activities in these states.
• The Integrated Child Development Scheme (ICDS) run by the Ministry of Women and Child Development has got just half of
the funding allocation it had last year which has a direct bearing on maternal and child nutrition and adversely affect survival
of most vulnerable women and children.
• Most of the States including the North East States will not be able to augment their spending on health.
In other words with the government spending less on health care the proportion of health care costs borne by people out of
pocket which is presently at 80% will continue to rise and push many more people into the vicious cycle of destitution pover-
ty and ill-health.
I

10. 10
The Parlimentary Standing Committee on Health and Family Welfare has come down heavily on the government for the
budgetary cuts particularly on NHM, free medicines, strengthening primary health care including district hospitals and has
demanded increasing the allocation of Rs.10500 crores to the NHM.
“It is too obvious to labour a statement that provision of affordable“Health For All”will remain a far cry if adequate budgetary
provisions are not made in a timely manner as health is a vital parameter on which the success and progress of the society
and the country depends. The Government, therefore, needs to take expeditious decision on the enhanced fund allocations
for health sector”.
----Parlimentary Standing Committee on Health, April 2015
Conniving with the pharmaceutical industry to keep up the price of life-saving drugs
In September 2014, the Modi government bowing to the pressure of the powerful pharma lobby axed the powers of the
National Pharmaceutical Pricing Authority (NPPA) to fix the price of drugs that are not in the National Essential Medicine List
(NLEM).
In May 2014, the National Pharmaceutical Pricing Authority (NPPA) had put out certain internal guidelines clarifying how Para
19 of the Drug Price Control Order (DPCO) 2013 can be used to bring life saving drugs outside the National List of Essential
Medicines under price control. Paragraph 19 of DPCO, 2013, authorises the NPPA in extraordinary circumstances, if it consid-
ers it necessary to do so in public interest, to fix the ceiling price or retail price of any drug for such period as it deems fit.
On July 10, 2014 the NPPA actually invoked Para 19 of the DPCO to cap prices of 108 life –saving cardiac and diabetes drugs
outside the NLEM 2011.
Predictably the pharmaceutical lobbies reacted with uproar. They filed cases in Bombay and Delhi High Courts and went cry-
ing to the Central Government with complaints of how such a move by the NPPA will destroy their industry.
The‘responsive and efficient’government promptly acted on these specious complaints and in a written communication
dated September 22, 2014, directed the NPPA to withdraw the guidelines:
“In compliance with the directions received from the government in the Department of Pharmaceuticals...the aforesaid inter-
nal guidelines issued by the NPPA on May 29, 2014 under Paragraph 19 of DPCO 2013 are hereby withdrawn with immediate
effect,”
The government further strengthened its stance by consulting the Solicitor General of India, who opined that the interpreta-
tion of Para 19 as given in the NPPA’s guidelines of May 29, 2014 is not correct. Para 19 can henceforth be used only as per a
restricted interpretation of the Solicitor General, confined to rare cases of“emergency”.
This means that the present government is willfully allowing the cost of life –saving drugs as well as those for chronic condi-
tions to spiral and become increasingly inaccessible to patients. This also means that the government is rendering regulatory
bodies toothless and stripping them of whatever powers they have to use to safeguard public interest.
Presently the NLEM 2011 covers only 18% of the drugs and is following market-based formula to compute the ceiling price of
drugs. Not only is this irrational but ensures that pharma companies’profit margins remain high.
Instead of expanding the NLEM and reverting to the rational cost-based formula for drug pricing and strengthening drug
price regulation, the Modi government is aiding and abetting the pharma companies to make obscene unbridled profits.
Such a move is in keeping with the Modi government’s larger game plan of revoking what little regulation and safeguards
exist to feed into unbridled greed and profiteering by the corporate cartels of various kinds and denominations.
The vaccine lobby has received a fillip with the continuation of the controversial pentavalent vaccine
The Modi government has been conniving with the Gates Foundation and its organisation, GAVI to push for controversial ex-
pensive vaccines such as the pentavalent vaccine that put children’s lives at risk. There is ample evidence that the pentavalent
vaccine was introduced into the UIP through bare –faced lies and cooked up data only to serve the interests of the vaccine
lobby. This vaccine is being given in 8 states of the country where in a total of 51 deaths have been reported. Goa with the
best surveillance system and lowest IMR in the country has reported 26 deaths per 100000 population, which translates to
6500 deaths of healthy children due to vaccine each year across the country!
There is continued resistance in the government to accept or investigate these deaths scientifically. There is news that the
government is entering into‘Advance Marketing Agreements’with vaccine manufacturers where it is not allowed to back
track from payment even if confronted with increasing adverse events. There are concerns being expressed about modifica-
tion of the criteria for categorizing Adverse Events Following Immunization!
Much like the two child norm that imposes punitive measures on those having more than two children, there is a push
towards mandatory vaccination. In fact the BJP –led Gujarat government does not issue a permanent birth certificate - un-
less full immunization is achieved. And without a permanent birth certificate school admissions are also refused. Mandatory
immunization using hazardous vaccines is a double whammy jeopardizing lives and democratic rights.

11. 11
One would remember that the Gates Foundation supported NGO PATH had been held responsible for unethical trials of the
controversial HPV vaccine that led to deaths of adivasi girls in AP and Gujarath.
While the government reacted with alacrity to freeze accounts of Greenpeace and put the Ford Foundation under its watch-
list, it awarded Bill and Melinda Gates the Padma Bushan and let PATH off the hook even though indicted for its violations in
the HPV vaccine demonstration project.
Opening the floodgates of privatization /corporatisation: The National Health Policy
The Modi government’s National Health Policy cobbled together by sundry‘experts’and World Bank consultants is unscien-
tific, poorly articulated and barely qualifies even as an exercise in public posturing. Therefore it is no surprise that it does not
examine how its‘growth rate’obsessed idea of development is inducing illness and disease by decreasing people’s access to
land, water, food, just wages and other basic entitlements. NHP is blind to specific health issues of dalit and adivasis who con-
tinue to bear a disproportionate burden of ill- health and disease that are driven by‘business friendly’policies of the govern-
ment aimed at reducing their sovereignty over land, water and forest and pushing them to dispossession and displacement.
Despite its wily double speak the NHP leaves one in no doubt as to whose interests the government will uphold. Unabashedly
proud of the health care‘industry’, the NHP commits itself to continuing policy support for its growth through lower direct tax-
es, higher depreciation in medical equipment, Income Tax exemptions for 5 years for rural hospitals, custom duty exemptions
for imported equipment, Income Tax exemption for Health Insurance, Active engagement through publicly financed health
insurance, preferential and subsidized allocation of land, subsidized education of medical personnel graduating from govern-
ment institutions who work in the private sector, provision for 100% FDI
Much like Modi’s public speeches, the NHP throws in dangerous ideas along with useless rhetoric and empty words. Here is a
peek into what one can expect from Modicare:
• Primary health centres that presently have a strong curative care element will be downgraded where doctors will be re-
placed by nurse practitioners.
• There will be competition between government and private facilities for public funds:
• Funds to district /taluk hospitals and CHCs will be released based on caseloads, volumes and quality.
• If government facilities do not achieve a certain‘threshold’, then funds will be transferred to private hospitals.
• To manage such large-scale transfer of funds to private hospitals, autonomous Trusts and Societies will be set up that have
minimal integration with the health departments in the state.
• Will hand over primary care facilities to not for profit organizations‘with a tradition of public services’;
• Will contract out all kinds of services ranging from advanced diagnostics and imaging services, ambulance services to
non-medical services like catering, laundry, maintenance and so on.
• Will expand health insurance schemes
What are the issues that Modicare has willfully glossed over?
• Does not commit to increased government spending in health care!
• Despite global attention and concern about lack of medical ethics among Indian doctors, the rampant cut and commission
practice, the extreme level of corruption among both private and public doctors alike in exploiting patients, the NHP does not
suggest even a grievance redressal mechanism.
• There is no clamp on private medical colleges, their fee structure or the need to re-orient them.
• Focus only on‘biological’women’s‘reproductive’function and completely ignores‘non-reproductive’health issues and
invizibilises specific health care needs of persons with various gender and sexual identities, women with disabilities, single
women and elderly women.
• Even after the deaths of women post sterilization in Chattisgarh, the NHP shockingly does not state that it would do away
with the two child norm, targets and incentives.
• Does not call for shifting focus from female to male sterilizations.

12. 12
Saffronization of health care
Modi government’s core agenda of saffronization communalization and corporatization is at its crude best in Modi’s speech at
the inauguration of a hospital in Mumbai funded by the Reliance Foundation on 25th October 2014.
The fact that a PM of a country inaugurates a corporate funded hospital when those very forces are destroying the public
health system, driving people to penury and destitution and represent an ugly commercialized health care, sends out the
government’s anti-poor stance loud and clear.
In his speech Modi invokes the Vedas and epics to illustrate a glorious Hindu past that had mastered‘genetics and plastic
surgery’. He uses the Hindu deity Ganesha to illustrate that India of the past had the capability to conduct plastic surgery and
cites the episode of Karna’s birth in the epic Mahabharata to illustrate that there was‘genetic science’capability! This is not
surprising given that Gujarat textbooks developed under Modi are replete with such grossly unscientific misinformation.
He reduces problems in the health sector and people’s suffering to a matter of national shame and pride and not as a matter
of failure of the government to ensure basic entitlements for a life of dignity. Nowhere does he refer to what his government
will do to strengthen public health of the citizens, what he will do to reduce maternal and infant mortality, malnutrition, en-
sure safe drinking water, adequate wages and social security or what he will do to rein in corruption, greed and profiteering of
the medical mafia. Instead he uses pop science, mythical mumbo-jumbo and divisive, religious propaganda to divert atten-
tion from the real everyday struggles of people for socially just good quality health care and a life of dignity.
References
1. Deep cuts to India’s health spending will delay universal access to healthcare BMJ 2015; 350 doi: http://dx.doi.org/10.1136/
bmj.h1632 (Published 09 April 2015) http://www.bmj.com/content/350/bmj.h1632
2. http://jacob.puliyel.com/download.php?id=314
3. http://currenthealthscenario.blogspot.in/2012/07/unscientific-excessive-use-of-newer.html
4. http://www.indiaspend.com/cover-story/facing-health-crises-india-slashes-healthcare-57629
5. http://timesofindia.indiatimes.com/india/NDA-fund-cuts-put-healthcare-on-the-sickbed/articleshow/46926938.cms
6. PARLIAMENT OF INDIA, RAJYA SABHA, DEPARTMENT-RELATED PARLIAMENTARY STANDING COMMITTEE ON HEALTH AND
FAMILY WELFARE, Report No. 82, Rajya Sabha Secretariat, New Delhi April, 2015 http://164.100.47.5/newcommittee/reports/
EnglishCommittees/Committee%20on%20Health%20and%20Family%20Welfare/82.pdf
7. India’s BJP Government and health: 1 year on, World Report, The Lancet Vol. 385 May 23, 2015 http://www.thelancet.com/
pdfs/journals/lancet/PIIS0140-6736(15)60977-1.pdf
8. National Health Policy 2015 Draft, Ministry of Health and Family Welfare, December 2014 http://www.mohfw.nic.in/show-
file.php?lid=3014
9. http://pmindia.gov.in/en/news_updates/text-of-the-prime-minister-shri-narendra-modis-address-at-the-ceremony-held-
to-rededicate-sir-h-n-reliance-foundation-hospital-and-research-centre-in-mumbai/
10. http://www.epw.in/letters/reviving-past-future.html

13. 13
One year of BJP
government has
been detrimental
to children’s rights
>>

14. 14
udget cuts in FY 2015-16 seen in education, Integrated Child Development Scheme (ICDS) and Integrated Child
Protection Scheme (Read HAQ: Centre for Child Rights budget analysis note attached). The 10% devolution to States in the
current budget, which is used to eclipse budget cuts, will not result into social sector spending. This will de-stabilize families
and communities of which children are an integral part.
We have on our hands two critical law amendments which are on the anvil.
The Juvenile Justice (care and protection) Bill, 2014: In the aftermath of the Delhi gang rape case, public outcry in the name of
safety of women lead to the proposal to re-enact the juvenile justice legislation to exclude children in the age group of 16-18
years who commit heinous offences (offences punishable with 7 years and more of imprisonment) from the protection of the
juvenile justice act. This decision of the government violates the Constitution of India, and international commitments under
the United Nations Convention on the Rights of the Child (UNCRC). It also goes against 2 recent Supreme Court judgements
which upheld the constitutional validity of the existing juvenile justice legislation and the report of the Parliamentary Stand-
ing Committee of the Rajya Sabha.
If approved, the new law take a regressive step, destroys a progressive legacy on juvenile justice for which the country has
been lauded. It will deny young people a chance to reform. Data on juvenile crimes indicate almost 80% of those apprehend-
ed for offences are children from underprivileged backgrounds-poor, uneducated. It is public knowledge that the juvenile
justice and child protection systems in the country are range from severely lacking in quality to being non-existent. The JJ Bill,
2014 should have introduced a financial memorandum to ensure the strengthening of the child protection system, instead of
focusing on incarceration of children.
Sending children to prison is not the answer to the safety of women. It will only serve as a crime school, breeding hardened
criminals and a much larger problem in the future. The Juvenile Justice bill 2014 has been approved by Lok Sabha in the cur-
rent session and is awaiting approval in Rajya Sabha. Refer to www.noprisonforchildren.com for more information (data and
infographics).
The Amendment of The Child Labour Prohibition and Regulation Act (CLPRA):
As of today Cabinet has approved the amendment of the CLPRA. This amendment allows for children under 14 years of age
to help out in home/family based industry if their education is not affected. The government justified this provision under the
garb of preserving traditional skills, and occupations, and states that the current socio economic conditions require certain
children to help augment family income. Family based work also includes a wide range of economic activities much of which
is outsourced on a‘per piece’basis. Many forms of which are hard to conceive of or define and are harmful and exploitative to
children (eg. Sorting cut hair for wigs, packaging foods-masala powders, weaving, embroidery, etc.). Poor parents find training
their children in their traditional occupation, or putting them to work with the rest of the family, a more viable option to the
poor quality public education system which does not give the child much option to earn a livelihood despite the RTE. This
would result in a number of children, especially girls dropping/staying absent from school. The government has no system in
place to regulate this phenomenon. Giving legal sanctity to children of all ages working in domestic units will only endanger
the safety of children. It is against principles of equal opportunity and would ensure that children of the poor stay poor. After
almost 30 years of implementation of the child labour law, it is shameful that the state’s aspiration for children is so low.
India, which is home to a fifth of the world’s child population, and bases its path to achieving growth on the strength of its
young population, is stripping childhood away from its children. The move to allow children to work, and to incarcerate them
for heinous crimes takes away key protections guaranteed to children by the Constitution of India and the UNCRC. Clearly,
India is on a path to becoming No Country for Children.
B

15. 15
Abysmal focus on
women’s issues>>

16. 16
lash in budgets
A month after Narendra Modi launched“Beti Bachao Beti Padao Scheme”, the government slashed the allocation to Women
and Child devlopment schemes by 50%. While, Rs 21,000 crore was allocated to the Women and child Ministry in 2014- 2015,
this has been cut to Rs 10, 286.73, crore in 2015-2016. This also means that the plans for Rs 900 crore national Nutrition Mis-
sion and a hike in the salary of anganwadi workers will not be implemented this year.
The budget for Nirbhaya centres has been slashed from 244.48 crore to Rs 18 crore.
The National Health Mission that fund to states for programs on maternal, reproductive, child and newborn health, has been
allocated almost 25% less in 2015-2016, than it did in the previous year. This is on top of reduced allocations to the health
ministry in November of 2014, which was part of“fiscal management”. The mission supports ten lakh community health
workers. Prominent economist Jayati Ghosh states,“This [cut in health spending] is appalling and unjustifiable since it will
be associated with continued stagnation and even deterioration of health indicators in a country where inadequate public
health is already a huge problem, and out of pocket spending even by the poor is one of the highest in the world, contribut-
ing significantly to poverty risks”
Dilution of Section 498A
The Ministry of Home Affairs has been pushing for amendment of the Section 498A to make the offence non-cognizable &
compoundable (allowing compromise, and no trial). The government intends to insert provisions that would allow compro-
mise and settlements before trial. Women’s groups argue that women victims are already often forced to make private com-
prises due to pressure, and the conditions of reconciliation and compromise are unfair. Furthermore, they argue that dowry is
a social evil and should be dealt with by the law and private compromises should not be given legal sanction.
Excluding Marital Rape Under IPC
In continuing with the policies of the previous government the NDA has made no attempt to bring marital rape under the In-
dian Penal Code. On the contrary, several BJP ministers have made public statements normalizing marital rape and legitimiz-
ing it under the garb of institution of marriage and Indian culture. For instance, Minister of State Home, Haribhai Parathibhai
Chaudhary, said“It is considered that the concept of marital rape, as understood ... mindset of the society to treat marriage as
a sacrament.”
Food Security and Labour
There is a move to weaken the Food Security Act that provides nutritious food for children, maternity benefits and grain
under the Public Distribution System. Shanta Kumar, head of a high-level panel on restructuring the Food Corporation of India
claims that,“When the Act came, people in our party felt 67% coverage was high... As an Opposition party, we had to sup-
port it due to political compulsion..It was our thinking that when we come to power, we would correct this and balance the
coverage. Had we opposed the law ahead of elections, people would have called us anti-poor”. The panel recommends that
coverage under the PDS be reduced be 67% to 40%, and a transition from providing grain to giving cash transfers. A recent
survey conducted in nine states shows that 2/3rd people prefer receiving grain to receiving cash.
There is a planned weakening of labour legislations - the Contract Workers Act, Industrial Disputes Act and Factories Act. The
Rajasthan government has already made amendments in June-July 2014. Women are underrepresented in trade unions, paid
lower wages than men, and have higher job insecurity. Hence, weakening of laws that protect the interests of labourers havea
greater impact on women both directly and indirectly.
Failure to implement SEXUAL HARASSMENT AT THE WORKPLACE ACT 2013
The government has done very little to ensure compliance on the formation of sexual harassment complaints committee
at workplaces. Several private and government companies are not in compliance with the Vishakha guidelines, and some
are even yet to constitute committees against sexual harassment. Recently the Delhi High Court, commented on the lack
of implementation of the Vishaka Guidelines in the aviation industry.“What steps you have taken for the implementation
of Vishaka guidelines in all Airlines or at every workplace? You should have done it by now...You should ensure that Vishaka
guidelines are functional in every other organisation. I am not only on this case related to Sri Lankan Airlines. The harassment
is taking place at every place,”the court said.
Sexist statements by BJP leaders
S

17. 17
The past year prominent NDA leaders have made strong misogynist statements . We will leave you with just a handful of them
:
“Rape is a social crime which depends on the man and the woman. It is sometimes right and sometimes wrong.”
tt Babulal Gaur, BJP politician and Madhya Pradesh home minister
“Male pigeons always chase female pigeons. It’s an animal instinct.
– Kiran Bedi, BJP Leader
“One small incident of rape in Delhi advertised world over is enough to cost us millions of dollars in terms of lower tourism.”
- Arun Jaitley, Finance Minister and BJP Leader
“If a girl is dressed decently, a boy will not look at her in the wrong way…If you want freedom, why don’t they just roam
around naked? Freedom has to be limited.”
- Manohar Lal Khattar (Haryana Chief Minister and BJP leader)
“I believe if yoga comes into the life of common people, then the daily incidents of rape, I would not say, they will cease to
exist, but there will definitely be a decrease in them.”
- Murli Manohar Joshi (BJP MP from Kanpur, UP)
“A Hindu woman must have at least four children. Give one to the army, another to us religious leaders and teachers.”
- Sakshi Maharaj (BJP MP from Unnao, UP)
References
1. “50% cut in allocation of funds for women and child development schemes”, Times of India, May 1, 2015, http://
timesofindia.indiatimes.com/india/50-cut-in-allocation-of-funds-for-women-and-child-development-schemes/article-
show/47123033.cms
^ Ibid.
2. “Nadimul Haque raises concern on reduction of funds for Nirbhaya Centres”, March 11, 2015, http://aitcofficial.org/aitc/
in-parliament-rajya-sabha/nadimul-haque-speaks-during-zero-hour-on-the-governments-decision-to-reduce-number-of-
one-stop-rape-crisis-centre-for-women-transcript/?0&cat_id=1
3. William Haseltine,“ India’s BJP Government and Health: One Year On”, Access Health International, May 25, 2015, http://ac-
cessh.org/indias-bjp-government-health-one-year/
4. “Unfairly targeting Section 498A”, Indian Express, http://indianexpress.com/article/opinion/columns/unfairly-targeting-sec-
tion-498a/
5. T.K. Rajalakshmi,“Diluting a Law”, Frontline, Vol 29, Issue 4, http://www.frontline.in/static/html/fl2904/sto-
ries/20120309290410100.htm,
6. Rahul Bhagchandani,“Concept Of Marital Rape Not“Applicable”In India, Says Union Minister”, Youth Connect, April 29l,
2015, http://www.youthconnect.in/2015/04/29/concept-marital-rape-not-applicable-india-says-union-minister/
7. http://www.dnaindia.com/india/report-food-security-act-bjp-wanted-to-oppose-but-feared-backlash-2054862
8. “Food vs Cash”, Outlook India,March 24, 2014, http://www.outlookindia.com/article/food-vs-cash/289804
9. Pushpa Achanta,“ Women Garment Workers Organize Against Inhumane Conditions in India”, Truth Out, January 18, 2015,
10. http://www.truth-out.org/news/item/28603-women-garment-workers-organize-against-inhumane-conditions-in-india
11.“High Court raps Centre, Delhi government over failure to implement Vishaka guidelines”, The Economic Times, Nov 12,
2014, http://articles.economictimes.indiatimes.com/2014-11-12/news/56025752_1_sexual-harassment-vishaka-guide-
lines-delhi-high-court
12. “Politicians Say the Darndest Things”, The Ladies Finger, March 15, 2015 http://theladiesfinger.com/politi-
cians-say-the-darndest-things/

18. 18
One year of BJP
led NDA
government and
major shifts in
agriculture
policies>>

19. 19
he new government under the leadership of Prime Minister Narendra Modi at the Centre since May 2014 has made
a number of changes in the agriculture and related policies. These have serious implications on what agriculture, which has
been the backbone of the Indian economy, will look like.
Shifts in agriculture and related policies
It is critical to start with farmers’suicides in the country, which has reached a new height or rather hit rock bottom. In either
case, it is both a problem in itself and a symptom of a deep agricultural crisis, which the farming community is grappling with.
While this has been a long outstanding issue, it is important to underscore that in the last one year alone, there has been a
sharp 26% increase in the number of suicides in Maharastra according to a data shared by the Minister of State for Agriculture
Mohanbhai Kundaria in a written reply to the Lok Sabha. The situation in other states, particularly Telangana, Karnataka, Pun-
jab and Tamil Nadu are not significantly better off. As in the case of the previous Government, the current Government con-
tinues provide to a small extent bandage solutions such as compensation or the waiving off loans rather than addressing the
core issue of a policy level change at multiple levels. The changes in policies over the last one year from reduced procurement,
land acquisition, reduction in institutional credit and support and the destruction of natural resources and seed sovereignty
also indicate that the symptom (suicides), is only but likely to exacerbate.
Changes in the Land Use Policy and Land Bill
Changes in the land use bill, which focuses on“adopt a National Land Use Policy which will facilitate scientific identification of
non-cultivable land and its strategic development,”will have serious implications on farming. In most of the cases, non-farm-
ing land or the common property resource is an integral part of farm economy as well as farm ecology. Isolating agricultural
lands from the fallow land is going to further destroy farmers’economy.
Yet, a rather contentious issue has been the government’s land acquisition reforms that have come under the scanner and
are being criticized for being‘anti-farmer’. It is being said that farmers may be short-charged for the land acquired from them.
A serious concern has been the underutilisation (an estimated 50%) of land already acquired under the UPA Government for
SEZs between 2006 and 2013 across the country , the diversion of land to private companies and therefore the misuse as not-
ed by the CAG in its report in 2014.
Shift in food procurement at the state level
Another major shift is that the Government is discouraging state governments from procuring farmers’produce. It was clearly
reflected in untimely, faulty and unenthusiastic procurements of wheat and rice even in states like Punjab and Haryana where
the system of food procurement has evolved over the years. The government has restricted the MSP increases for wheat and
paddy to an economically bearable Rs 50/qtl, which is a third lower than the UPA’s 10-year average of Rs 75/qtl. Prime minister
has also restricted the powers of state governments to announce bonuses for MSP, a step, which has affected BJP-ruled states
as well. After his return from the US, the prime minister had asked the ministries concerned to buy only 25 per cent of the rice
needed for supplies through the public distribution system or ration shops. The earlier practice was to procure between 35
and 70 per cent of the requirement. Reduced procurement of paddy and cotton and refusal to reimburse any incentive given
by the states have brought farmers to a situation where they cannot even recover their basic cost of production. In a letter
(dated February 18) to General Manager, North, FCI’s GM (Procurement) K.K. Paliwal has stated that the corporation would
not open any purchase centres in Haryana during the Rabi marketing season 2015-16. The state government and its agencies
would carry out all the procurement, it said. Similarly, the letter mentioned that it will reduce its purchase centres by 50% in
Punjab.
Meagre Increase in the MSP; Threat to Stop Procurement from States
If the last one year of the NDA is indicative, they seem no different from the UPA. This is indicative by the apathy towards farm-
ers and farming under successive Governments. The last minimum support price (MSP) increase by the UPA government, in
March 2014, for the kharif crops, was 8.2% versus 6.1% in March 2013. The order of magnitude of the first MSP of the Modi-led
government in October 2014 was minus 0.3%. It is critical to note, that the MSP, which in addition to being meagre, supports
only the rice and wheat farmers, who have access to mandis and constitute small percentage of the farming community. While
the argument is that there is only a small percentage of beneficiaries, there is a pressure from the corporate lobby on even this
section, in order to bring down prices, and thereby this will expose farmers to the vagaries of the market.
Additionally, the food ministry has directed state governments (for instance Madhya Pradhesh, Rajasthan and Chhattisgarh) to
refrain from providing any additional bonus over the MSP announced by the Centre. In the last few years, the states were sup-
porting farmers to the tune of Rs. 100 per quintal in addition to the MSP. The Centre threatens to stop any further procurement
in case the states do not stop this practice.
T

20. 20
In addition, the Central government has now declared that it will procure crops only from farmers in deficit States, a peculiar
strategy that will defeat the original purpose of moving grains from surplus to deficit areas and will expose farmers in all other
places to the vagaries of market price fluctuations and declines.
Changes in the MNREGA
The question of declining soil health got an apt hearing by the politicians as well as the policy makers in the last government.
Several schemes and programmes were initiated and converged to check the decline. MNREGA was so designed that it could
help farmers creating infrastructures for making eco-fertilisers. The new government’s gesture towards MNREGA seems
worrisome. Reetika Khera in her article in Outlook says,“Yet the worries remain: first, instead of reaffirming the government’s
commitment to NREGA, there were some distasteful remarks from the PM in Parliament the day before the budget. Second,
the budget has declined in real terms (ie, when adjusted for inflation). Third, as states revise minimum wages, the scale of em-
ployment that can be generated shrinks. Finally, last years’experience suggests that the plan is to strangle the programme by
delaying release of funds so that wages of the poor remain unpaid and they give up on NREGA.”It has reduced the scope for
infrastructure building for ecological fertiliser production. Instead there is a big push for soil testing. Presently we do not have
a comprehensive soil testing system which accounts the quality in terms of biological, organic and physical structures of the
soil. The focus is only on the chemical presence. This approach will lead to more use of chemicals ignoring the health of soils.
The employment guarantee scheme has been squeezed so much that it is no longer any kind of guarantee at all, and the pro-
gramme will struggle simply to survive. Those who feel that this will not affect farmers because they employ workers rather
than the other way around miss the point that around 40 per cent of cultivators joined the programme as wage labour to
supplement their meagre and uncertain farm incomes. So, reducing or killing this programme will also affect them very badly,
and that too at a time when other sources of rural income are drying up.
Reduced spending on research and irrigation
Plan Outlay for Agriculture Research and Education
Budget year 2012-13 2013-14 2014-15 2015-16
Amount in crore rupees 2898.00 3113.00 3715.00 3691.00
Source: http://indiabudget.nic.in/ub2015-16/eb/po. pdf
Public spending on agricultural development and on research and extension has already fallen in real terms and is set to de-
cline even further in the coming year. The public spending on agriculture has stayed at 0.4% of the GDP since over a decade.
An Umbrella programme, namely, Krishonnati Yojana covering various development programmes / Schemes viz. soil health
card, integrated scheme on Agriculture Cooperation, Agriculture marketing, Agriculture Census & Statistics, Horticulture,
sustainable agriculture, National Agri-tech infrastructure. The total Central Plan is Rs. 5845.45 crore. Modi government has
expressed its concerns for soil health and its Agriculture minister blames farmers for indiscriminate use of chemicals. In an
interview he said“Farmers are not aware of soil health and they blindly use fertilizers. The result is a drop in productivity.” But
this realisation did not get translated into any policy shift. In 2015-16 budgets the Fertiliser subsidy has been pegged at Rs
72,968.56 crore, higher than Rs 70,967.31 crore estimated for last year. After the much hue and cry for soil health promotion
of organic farming in the country the government allocated only 300 crore rupees for Paramparagat Krishi Vikas Yojna the
new avatar of Organic farming.
This is the context in which the unseasonal rain and other weather changes have had such a devastating impact on so many
farmers. Even in this punishing context, government responses have been at best tardy. The Central government is effectively
treating this as the responsibility of State governments, passing the buck on this critical area of public intervention to States
that are already hugely financially stretched because of the reduction of so much other Central social spending.
Impetus to Genetically Modified Organisms
As in the case of the UPA, the NDA has given a significant impetus to GMOs in agriculture. This became apparent, with the
Genetic Engineering Appraisal Committee in its first meeting on July 18, 2014 clearing 60 of 70 field trials of different geneti-
cally modified crops including rice, mustard, chickpea. An RTI application revealed that on August 21, 2014, the GEAC, which
falls under the Ministry of Environment, Forests and Climate Change gave a clearance to open field trials for both Bt Brinjal
and Bt Mustard , , This despite the fact that in case of Bt Brinjal, former Minister, Jairam Ramesh had put an indefinite morato-
rium on the crop following a series of public consultations, acknowledging serious gaps in regulation, and receiving scientific
inputs on serious concerns from around the world on February 10, 2010. , There is no demand for any of the crops. Moreover,
it is unclear, what has changed in the regulatory framework, and the gaps from Jairam Ramesh’s time seem to persist. In the
case of Bt brinjal, it is unclear what these new open field trials are out to establish. Also, this is in complete contradiction to its
own position, and promise of taking a precautionary approach towards open releases of risky GMOs, which the party made
in its election manifesto, and Mr. Javdekar himself has been flip-flopping on the issue. This also completely sidesteps the
Parliamentary Standing Committee on Agriculture, which had 7 members of the BJP and urged to stop all open-air field trials
under any garb as well as the Supreme Court-appointed Technical Expert Committee (TEC), which has strongly recommend-
ed against such field trials. The TEC has recognised has the potential to irreversibly contaminate seed and food supply chains,
and recommended a complete stop on all field trials till regulatory gaps are filled. The final recommendations of the Supreme
Court’s Technical Expert Committee were further recognised and accepted by 250 scientists. Following the GEAC’s approval,
four states, three out of them under NDA allies like Andhra Pradesh, Maharashtra and Punjab and Congress-governed state

21. 21
Karnataka have given a go ahead to the field trials.
Quotes and statements from politicians and the government
“Nothing is more important than farmers’lives. Nothing is more important than a human being’s life. We have to identify
flaws in the system, we have to identify shortcomings in the system. We cannot leave the farmers to fend for themselves in a
helpless condition. We will have to be a part of his pain and sorrow. We have to be a part of his future. I appeal to the House to
resolve to ensure that farmers would not be allowed to die like this. There should be a collective resolve in this regard. We have
an open mind to consider any suggestion that is made... We cannot let the farmers die,”- Narendra Modi- Indian Prime Minister.
“In the last few days, we have seen the tragic picture of farmer suicides...(these) are complicated matters. There is no easy
explanation to why somebody takes ultimate step.”- Raghuram Rajan- RBI Governor
Names and contact information of groups to be contacted for more
Rajesh Krishnan
Greenpeace India
References
1. http://indiatoday.intoday.in/story/farmers-suicide-maharashtra-achche-din-narendra-modi-bjp-government/1/422042.
html
2. http://timesofindia.indiatimes.com/india/Farmer-suicides-on-rise-IB-report/articleshow/45609708.cms
3. http://timesofindia.indiatimes.com/india/Modis-governance-agenda-Bringing-back-the-profit-in-farming/article-
show/36319948.cms
4. http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Over-50-of-land-acquired-for-SEZs-be-
tween-21042015011031
5. http://www.saiindia.gov.in/english/home/public/In%20_Media/21of2014.pdf
6. http://www.dnaindia.com/india/report-quiet-reforms-by-narendra-modi-double-edged-sword-2040061
7. http://www.tribuneindia.com/news/nation/fci-not-to-procure-wheat-in-haryana-cuts-ops-in-punjab/46983.html
8. http://www.financialexpress.com/article/fe-columnist/column-why-no-applause-for-reform-modi/23503/
India’s deepening farm crisis: 76% farmers want to give up farming, shows study http://www.downtoearth.org.in/content/
india-s-deepening-farm-crisis-76-farmers-want-give-farming-shows-study http://www.downtoearth.org.in/content/india-s-
deepening-farm-crisis-76-farmers-want-give-farming-shows-study
9. Why“Grow in India”too is important… http://www.deccanherald.com/content/440805/why-quotgrow-indiaquot-too-im-
portant.html
10. http://www.tribuneindia.com/news/nation/fci-not-to-procure-wheat-in-haryana-cuts-ops-in-punjab/46983.html
11. http://www.frontline.in/cover-story/agriculture-in-crisis/article7048078.ece
12. http://www.livemint.com/Politics/XItLjYAhVMJbwb3E9FPLBO/Farmers-arent-aware-of-soil-health-they-blindly-use-fertil.
html
13. http://articles.economictimes.indiatimes.com/2015-02-28/news/59612732_1_subsidy-bill-food-subsidy-fertiliser-subsidy
14. http://www.frontline.in/cover-story/agriculture-in-crisis/article7048078.ece
15. http://www.thehindu.com/news/national/geac-clears-field-trials-for-gm-crops/article6225697.ece
16. http://www.hindustantimes.com/india-news/govt-allows-field-trials-for-gm-mustard-brinjal/article1-1279197.aspx
17. http://www.business-standard.com/article/economy-policy/sjm-upset-over-modi-govt-nod-to-gm-crop-field-tri-
als-114102801066_1.html
18. Permit letters received through RTIs attached.
19. http://indiatogether.org/btbrinjal-environment
20. http://www.thehindu.com/todays-paper/its-moratorium-on-bt-brinjal-jairam/article707176.ece
21. http://archive.financialexpress.com/news/centre-to-take-call-on-allowing-gm-crop-field-trials-after-sc-decision/1285045
22. http://www.prsindia.org/administrator/uploads/general/1349957427_Standing%20Committee%20Report%20Summa-
ry-%20GMO%20Final.pdf
23. http://www.indiaenvironmentportal.org.in/files/file/TEC-Main-Report.pdf
24. http://www.thehindu.com/news/national/no-gm-field-trials-till-regulation-gaps-are-addressed-says-tec-final-report/arti-
cle4942668.ece
25. Accept majority TEC final report”: More than 250 scientists write to PM http://indiagminfo.org/?p=649
26. http://www.greenpeace.org/india/en/Blog/Campaign_blogs/states-resist-as-the-centre-persists/blog/51123/

22. 22
Violating our
environment >>

23. 23
uring the final months of UPA II government there was a systematic propaganda by big corporations in the media
and other spaces that, environmental regulations and forest clearances are actually hampering India’s growth. The NDA gov-
ernment after taking charge in May 2014 blamed clearances processes, moratorium on setting up industries in critically pollut-
ed areas, declaring inviolate forest areas where mining will not be permitted as the reasons for sluggish coal production and
it made very clear that “environment will not be a road block to development” and the government will do everything within
its power to ensure business friendly environment will prevail at the cost of environment and marginalised communities.
Prime Minister’s Office (PMO) together with the Ministry of Environment, Forest & Climate Change (MoEFCC) has made more
than 60 changes to the current legislations so far. The strategy is simple minimum laws and regulations, weaker institutions,
no people’s participation in decision making and finally no access to justice.
Destabilizing institutional structures
This is one of the first moves by the government to approve close to 120 projects
without even forming a standing committee of the national board of wildlife. Then Supreme Court had to intervene to get the
government to form a committee. As opposed to its original mandate of scrutinizing projects of its impacts on wildlife the
committee went into a“project clearance spree mode”. Even after forming the NBWL it remains as a committee that is more
eager to approve projects. Ministry of Environment, Forest & Climate Change (MoEFCC) has also enabled the NBWL is approve
projects within wildlife sanctuaries and National Parks without obtaining recommendations from State Board of Wild Life
(SBWL). The government has also asked the supreme court to stay away from intervening in matters pertaining to approvals
within sanctuaries and national parks because that account to delay of projects.
The ministry has diluted the spirit of the committee by appointing non-qualified
members to the FAC, of the two independent members newly appointed to the committee; one is a full-time activist with the
RSS’s tribal wing in Maharashtra. Chaitram Pawar is the vice president of the RSS’s Vanvasi Kalyan Ashram in Maharashtra. The
committee so far cleared 3800 square kilometres of forests for developmental projects.
Environment Appraisal Com-
mittee (EAC), State Pollution Control Board (SPCB): MoEFCC notified that EAC and pollution control boards should not seek
additional clarifications or put additional conditions after granting the Terms of Reference (ToR) for preparation of Environ-
ment Impact Assessment (EIA). While the government accepts that such studies/clarifications are asked only“sometimes”, the
circular directs that EAC/SPCB should refrain from critically analysing even in rare situations and rely only on what the project
proponent submits.
MoEFCC has constituted a high level committee (HLC) under the chairmanship TSR
Submramaniam to review all the environmental laws. The report of the TSR committee recommended that powers vested in
the NGT should be restricted to a judicial review rather than a merit review. Most disturbingly, the committed aims to defang
the National Green Tribunal: A quasi Judicial body that has emerged as the most effective grievance redressal mechanism on
environmental issues. It limits the role of the NGT to the narrow confines of‘judicial review’as opposed to a comprehensive
‘merit review’. It is therefore a clear attempt to insulate the Government decision from judicial scrutiny. It has recommended
that power to review the decisions should vest with a body comprising of serving and retired secretaries to the Government.
The basic constitutional scheme of separation of powers is thus planned to be disturbed.
Weakening legal frameworks
The High Level Committee to review all the environmental laws under the chairmanship of Mr.T.S.R Subramanian was con-
stituted in August 2014. The committee prepared the report in a haste and submitted committee submitted its report
within three months, on 20-11-2014. The report is replete with factual inaccuracies, misleading and wrong conclusions and
the incorrect interpretation of the laws it was meant to review. The Committee also overstepped its terms of reference and
suggested changing the framework of environmental justice (like the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 and the National Green Tribunal Act, 2010), and even recommends a brand new piece
of legislation to be strangely called the Environmental Laws (Management) Act or ELMA, which would prevail over all contrary
judgments issued in past decades or the provisions of any environment law promulgated till date.
The TSR Committee report is a ratification of most of the dilutions MoEFCC has done on environment legislation so far and was
laying out options for further. While there are many critiques available on how disastrous the TSR Committee’s recommenda-
tions are, this section is highlighting some of the important dilutions that have already taken place In the past one via notifica-
tions, Office Memorandums (OM) and Circulars. Some of the key dilutions are:
• The government gave general forest clearances for forests 100km within the Line of Control (LoC) and forest areas in Naxal
affected areas.
D
National Board Wild Life (NBWL)
Forest Advisory Committee (FAC)
Environment Appraisal Committee (EAC), State Pollution Control Board (SPCB)
National Green Tribunal (NGT)

24. 24
• To quickly ramp-up coal production for enhancing power production in public interest, for expansion of Coal Mining Pro-
jects involving one time Production Capacity Expansion upto 20 MTPA, the EAC may after due diligence consider exempting
public hearing subject to the ceiling of additional production up to 6 MTPA if the transportation of additional production of
coal is proposed by means of a conveyor and / or rail transport. MoEFCC also exempted projects within industrial estates/
parks which were notified before 2006 from conducting public hearing.
• Lifting the moratorium on critically polluted areas using a bureaucratic loophole - Modi government used a delay in the
review as an excuse to suspend the moratorium. While the Modi government is allegedly all about efficiency, it has given the
CPCB an entire year to review the index.
• Exemption from EIA: Irrigation projects of capacity up to 2000 ha. Of cultivable command area - Now there is some dilution
in the original Notification. Irrigation projects involving‘cultivable command area’up to 2000 ha. would be outside the ambit
of the EIA Notification 2006. Earlier all irrigation projects below 10,000 ha. of cultivable command area, were in Category B.
• Thermal Power Projects based on biomass: No longer in Category A - Thermal power projects [Section 1 (d)], generating
power greater than or equal to (≥) 20 MW (from biomass), have been removed from Category A. Now, all projects generating
power greater than or equal to (≥) 15 MW from biomass fuel, would be treated as Category B.
• Relaxation for Category A projects of Synthetic organic chemicals industry -‘Synthetic organic chemicals industry’[Section
5 (f)] was considered as Category A if‘located outside the notified industrial area/ estate’, but now a relaxation has been given
to small units with‘water consumption of <25 cubic meter per day, fuel consumption of <25 TPD and not covered in the
category of MAH units as per the Management, Storage and Import of Hazardous Chemical Rules, 1989.’These‘small units’, will
now be treated as Category B.
• The distance from the boundary of a Protected Area (PA) for treating‘Category B project as Category A’has been reduced
from 10 km to 5 km. i.e. Category B projects beyond 5km will no longer be treated as Category A, unlike earlier.
Undermining Participatory Governance:
The TSR committee set up by the government not on lay have the required approv-
al from the prime Minister, lacked clarity on purpose/need to review all the environmental laws. The order passed OM
22-15/2014-IA-III, dated 29.08.2014 by MoEFCC merely stated the need for the review as“bring them in line with current re-
quirements to meet objectives”failing to state what the current requirements actually are. The committee also had members
with questionable background like Mr. Vishwanath Anand has the dubious distinction of dismissing every single appeal when
he was the Vice Chairperson of the National Environment Appellate Authority. None of the other members have any prior
experience in the area of environment.
The process of consultation by the Committee was also highly opaque. Public comments were invited but with the rider that
the comments should not exceed 1000 characters. The few“Consultation”meetings that were held were in urban locations
(mostly capital cities), with the participation limited to selected individuals by invitation.
The report of the HLC provides neither any details of the stakeholders consulted nor the list of submissions received or min-
utes of the meetings.
The report on“Setting up objective parameters for identifying inviolate criteria”to protect
India’s last remaining forests from mining and other big infrastructure projects has been in the pipeline for years now. It is
to be noted, that MoEFCC agreed to the Group of Ministers to hold wider consultations with all the stake holders (with coal
ministry, ministry of mines and civil society) while reviewing the comments received for the first draft in 2013 - later conven-
iently went ahead ignoring the views of the civil society, scientists and communities - ensuring ministry of coal and ministry
of mines are part of the committee finalising invited only ministry of coal and ministry of mines to the meetings it convened
to discuss the parameters.
Under the NDA government, the environment secretary held a series of formal and informal meetings to finalise the inviolate
criteria. Thus, the inviolate policy has been watered down steadily to cover only 55 out of 725 coal blocks, as inviolate blocks.
Within months, the policy was further diluted making the number of coal block to be kept away from mining to just 35 out
of 793 coal blocks. The government which is making big noise about the transparent process of the“coal auction”is covertly
quiet about the opaque route in which it almost paralysed this crucial process, which otherwise could have helped achieve
protecting our forests.
Conducting public hearing for obtaining environmental clearance and obtaining con-
sent from gramsabha for obtaining forest clearance are two most important aspects of inclusive decision making. The current
government, by relaxing coal mines expansion projects, projects falling within industrial estates/parks has taken away the
space for the communities to express their grievances.
Under the current norms, obtaining consent from communities under forest rights act 2006 before diversion of forests for non
forest purposes under Forest Conservation Act 1980 is mandatory. There are documentary evidences to show that the now
Prime Minister’s Office, Ministry of Coal with MoEFCC have been attempting to circumvent taking consent from forest dwell-
National Green Tribunal (NGT)
Non-transparent Process
Non-participatory Committee

25. 25
ing communities in various ways – exempting linier projects from obtaining gramsabha consent, restricting consent only to
scheduled areas, exempting projects from taking consent where public hearing is been done already, obtaining consent after
getting stage 2 forest clearance from the central government, exempting consent clause for forest areas that were notified less
than 75 years from December 2005 where no schedule tribes are present as per Census reports 2001 and 2011 Coal auction-
ing vs environmental governance.
Endgame -“India’s Environment?”
Environmental challenges will become all the more pressing in the coming years as Modi embarks on his“Make in India”cam-
paign, which aims to transform the country from an agrarian society to a global manufacturing hub. Forest cover will be taken
care of through stringent afforestation norms, in exchange for industry enjoying easier access. The TSR Subramanian Commit-
tee suggests that‘no-go’areas for industry should be restricted only to regions enjoying 70 per cent canopy cover — which
account for less than 5% per cent of total forest area. The policy narrative on environment issues is changing, with Prime
Minister Narendra Modi’s recent remarks - from an earlier approach that purportedly scrutinised industrial projects on envi-
ronment grounds, holding up the occasional one, we have moved to a set-up where‘automatic’clearances shall be the norm.
Policy paralysis, we are told, is over. There is no attempt now to view the environment as a livelihood issue. This is despite the
fact that 250 million are dependent on forests for their livelihood, a population not much less than all of urban India.
Prepared by Greenpeace India with data obtained from EIA Resource and Response Centre (ERC)
References
1. http://www.piyushgoyal.in/uploadedfiles/views/ministry_english_booklet.pdf
2. http://indianexpress.com/article/india/india-others/green-ministry-is-no-more-a-roadblock-prakash-javadekar/
3. http://www.business-standard.com/article/economy-policy/pmo-ordered-60-changes-to-green-clearances-environment-
ministry-delivered-on-most-115012001495_1.html
4. http://ibnlive.in.com/news/narendra-modi-governments-environment-policy-encourages-deforestation-leading-to-eco-
logical-imbalance/545139-37-64.html
5. http://indianexpress.com/article/india/india-others/to-speed-up-infra-projects-stay-out-of-wildlife-clearance-govt-tells-sc/
6. http://www.ndtv.com/india-news/truth-vs-hype-bypassing-green-checks-by-nominating-compliant-members-710259
7. http://moef.gov.in/sites/default/files/OM_EAC_SEAC_07_10_2014.pdf
8. https://sandrp.wordpress.com/2015/01/08/the-high-level-committee-report-on-environmental-law-a-recipe-for-cli-
mate-disaster-and-silencing-peoples-voice/
9. http://www.moef.nic.in/sites/default/files/Guidelines_040714.pdf
10. http://moef.gov.in/sites/default/files/OM%20Dt%2002.09.2014_6%20MTPA_onetime%20expansion.pdf
11. http://www.moef.nic.in/sites/default/files/O.M%20Dated%2010.12.2014.pdf
12. http://www.moef.nic.in/sites/default/files/PDF%20file_2.pdf
13. http://envfor.nic.in/content/comments-invited-suggestionscomments-are-invited-high-level-committee-hlc-review-vari-
ous-env
14. http://envfor.nic.in/sites/default/files/press-releases/Final_Report_of_HLC.pdf
15. http://www.business-standard.com/article/economy-policy/only-35-of-793-coal-blocks-remain-inviolate-after-dilution-of-
policy-115031301194_1.html

26. 26
Labour reforms
that enable
businesses and
hinder workers>>

27. 27
roposed changes in labour laws
‘Let’s start with trust’, the PM reportedly said while lauding labour reforms. Labour reforms, he said, would make it easier for
companies to do business in India and that in turn would fulfil India’s aspirations to become a manufacturing hub through a
new programme called‘Make in India’. Catchy tagline aside, the project itself appears support the revamping of labour laws to
suit business in India.
Launch of the Shram Suvidha Portal
A significant move was the unveiling of the Shram Suvidha Portal, which will allow employers to submit a self-certified, single
compliance report for 16 central labour laws. This reform is expected to simplify business by putting the onus of compliance
with the firms through self-certification. The Prime Minster described this reform as follows:“These facilities are what I call
minimum government, maximum governance”. He justified these in the following terms:“Let’s start with trust”(ibid.). Howev-
er, self-certification suffers from a basic drawback of non-revelation of truthful information, if there are incentives for doing so
(like saving on a range of compliance cost in this case).
Ineffective system of random selection for inspections
One might argue that the problem of non-revelation of truthful information may be largely curbed if there is a rigorous in-
spection mechanism in place. It is precisely here that Mr. Modi announced another radical change. In the name of ending the
‘Inspector Raj’labour inspectors will no longer be allowed to decide on their own, the establishments to be inspected. Instead,
they would be sent to randomly selected establishments (administered centrally through computerized draw of lot; similar to
those done during random scrutiny of income tax returns) and have to upload their reports within 72 hours, without future
scope of modifying them. However, since labour inspectors generally have better ground level information about establish-
ments and their functioning, centralized selection of enterprises for inspection even if randomly chosen, is certainly going to
compromise on the effectiveness of inspection.
It is pertinent to note that this centralized control of inspections violates the International Labour Organization’s (ILO) Labour
Inspection Convention 81 (1947) – to which India is a signatory. According to Article 12 of the Labour Inspection Convention
81, labour inspectors are empowered inter alia,“to enter by day any premises which they may have reasonable cause to be-
lieve to be liable to inspection; and to carry out any examination, test or enquiry which they may consider necessary in order
to satisfy themselves that the legal provisions are being strictly observed.”The new stipulation, by regulating inspectors’visits
to establishments curbs the freedom of inspectors to visit any enterprise, thus violating the provisions of ILO convention 81.
Amalgamation of various key legislations
The current labour law changes are in sync with the government’s ambition of converting India into a manufacturing power.
The government wants to increase the share of manufacturing in gross domestic product, or GDP, from its current level of
16% to 25% by 2022. In his Independence Day address to the nation on 15 August, Mr. Modi invited foreign manufacturers to
“come, make in India”, products ranging from paper and plastics to submarines and satellites to enable the country to reduce
its reliance on imports and boost exports.
The Industrial Relations Bill proposes to combine Industrial Disputes Act, 1947, Trade Unions Act, 1926, and Industrial Em-
ployment (Standing Orders) Act, 1946. The Code on Industrial Relations Bill, 2015 is one of the initiatives of the government
to subsume 44 labour laws into five broad codes, dealing with industrial relation, wages, social security, industrial safety and
welfare. The new bill also makes hiring of employees easier which is being opposed by various labour unions.
It is important to mention here that the labour movement in India has been demanding labour law reforms for a long time.
But this reform was to be targeted to unify various labour laws, end the multiplicity and inconsistency in various provisions of
different labour laws, and upgrade existing labour standards. The issue was discussed at various forums and meetings like In-
dian Labour Conference and the working groups formed by the planning commission. However, it is ironic that the views and
demands of trade unions were completely ignored by the governments. The proposed amendments are mainly targeted to
address only employers’demands and have very little concern for demands raised by labour and trade unions. Therefore they
may lead to downgrading the labour standards and reducing the collective bargaining power of labour.
Curtailing of formation of unions
The National Democratic Alliance government has proposed allowing companies hiring up to 300 workers to lay them off
without seeking official sanction. Currently, industries employing up to 100 workers were allowed to do this. Another propos-
al is to significantly reduce politicisation of workers. Only employees would be allowed to form unions. In the unorganized
P

28. 28
sector, two members from outside will be allowed to become members of a union. The BMS chief said that the proposed law
will curtail the democratic right of workers to organise themselves into trade unions. At present, seven employees can get
together to form a trade union. However, as per the draft, employees would not be allowed to form a union unless they had a
minimum 100 members and 10% of total workers in the unit. This provision will hit the hi-tech sector hard since they general-
ly work with small teams.
Several organizations have criticized the centre for trying to amend the labour laws without consulting the trade unions.
Slamming the proposed Industrial Relations Code, labour unions had said the consultations in this regard were a“farce”as
representatives of workers should have been involved at the drafting stage itself.
Scrapping of labour courts and introduction of rigid strike rules
During conciliatory proceedings, workers in all industrial sectors will not be permitted to go on a strike. The ministry has pro-
posed scrapping various arbitration forums, including the labour court.“The industrial tribunal will continue, but the labour
court, the board of arbitration and the tribunal court will cease to exist,”the official said. Further, strikes will not be allowed
without a six-week notice. Now, only workers at public utilities need to provide such a notice to employers. Mass casual leave
will be considered a strike. The proposal says if more than half the workers are on casual leave, it will be treated a strike.
As per the draft, the employer would not require the permission of labour ministry to close down a company. This provi-
sion gives a lot of autonomy to the employers and it will drastically affect the rights of the employee. Recently, the Madhya
Pradesh cabinet gave its approval to twenty labour laws being amended. The labour commissioner announced that‘lay-offs,
retrenchments and even closures will not require any permission.’It will, he is reported as having said, be akin to a‘hire-and-
fire’policy in establishments of a designated size. In small and medium enterprises with less than 50 employees, employers
may terminate any employee without assigning any reason or conducting an enquiry.
Drastic increase in overtime working hours
The idea of more labour being extracted from the labouring class is common in a lot of laws. So that labour may not be made
to do more than what is fair and reasonable, the Factories Act laid down that a worker may do 50 hours of overtime work in a
quarter. This is now proposed to be increased to 100 hours. The law currently says that the 50 hours may be increased to 75
hours a quarter if the government makes the exemption; this is now to be raised to 115 hours. Additionally,‘The state gov-
ernment or the chief inspector may, subject to prior approval of the state government, by order enhance the total number of
hours of overtime in any quarter to 125 in the public interest.’
Women
The proposed amendments in the Factories Act are also supposed to benefit a lot of women. The restriction on night work
for women has been contentious issue for several years. Women have been demanding their autonomy at work and the right
to choice however, as Usha Ramanathan rightly says,“The time has come, but the language in which it is couched carried the
confusion that patriarchy has when it tries to speak the language of equality with which it is both uncomfortable and unfamil-
iar.”
The proposed amendment, which puts in place a tedious and impractical procedure, reads as follows:
“No woman shall be required or allowed to work in any factory except between the hours of 6 A.M. and 7.P.M.
Provided that where the State Government or any person, authorised by it in this behalf, is satisfied that adequate safeguards
exist in a factory or group or class or description of factories as regards occupational safety and health, provision of shelter,
rest rooms, lunch rooms, night crèches and ladies‘ toilets, equal opportunity for women workers, adequate protection of
their dignity, honour and safety, protection from sexual harassment, and their transportation from the factory premises to
the nearest point of their residence, it may, by notification in the Official Gazette, after due consultation with, and obtaining
the consent of, the women workers, workers, the employer, representative organisation of the employer and representative
organisation of workers of the concerned factory, allow women to work between 7.00 P.M. and 6.00 A.M. in such factory.”
Issue of Apprentices
By the amendments proposed to the Apprentices Act, 1961, the state government will be sharing the cost of apprentice-
ship. If a company having less than 250 workers hires apprentices, the state will absorb half the cost, and if it has above this
number, the state government will absorb a fourth of the cost. Under the Act, in no case have employers absorbed trained
apprentices as regular workmen. After the successful completion of training, apprentices are left high and dry.
Recent labour law changes in Rajasthan
The BJP led government in Rajasthan recently proposed amendments to three key labour legislations namely, the Contract
Labour (Regulation and Abolition) Act (CLRA), 1970; the Factories Act, 1948 and the Industrial Disputes Act (IDA), 1947 which
were approved by the State cabinet and the centre.
The concrete change in case of Contract Labour Act, 1970 is that it would now be applicable only in case of establishments
employing 50 or more workers instead of the earlier threshold of 20 workers. Making Contract Labour Act (restricting the use

29. 29
of contract workers) applicable to establishments employing 50 or more workers instead of 20 workers would mean that all
regular jobs in establishments below 50 workers (but above 20 workers) would be abolished. This move would bring in inse-
curity in the lives of these workers. Moreover, this employer-friendly move would also implicitly encourage the use of contract
workers more liberally in establishments employing more than 50 workers.
Before amendment the Factories Act, 1948 covered those factories employing 10 or more workers (using power) or 20 or more
workers (without using power). The recent amendment increased this threshold to 20 workers (using power) and 40 workers
(without using power). Any firm engaged in manufacturing activity and registered under the Factories Act comes under the
organized segment of manufacturing. Therefore, by increasing the workers’threshold in establishments that is required to reg-
ister under the Factories Act, some of the factories erstwhile registered under the Factories Act (namely, factories employing
10-19 workers using power and 20-39 workers not using power) would no longer be required to do so. Thus, at the stroke of a
pen, these manufacturing establishments would now be categorized under the unorganized sector. Consequently, workers in
these establishments now being placed in the unorganized segment of manufacturing would stand to lose on various rights
like social security benefits, old age benefits and other benefits.
According to Chapter VB of the Industrial Disputes Act (IDA), 1947 previously it was necessary to obtain prior government
permission to retrench, layoff workers and closedown factories in an establishment employing 100 or more permanent work-
ers. The recent amendment raised the employment threshold to 300 workers. This would now sets stage for a good number
of employers owning enterprises employing 101 to 299 workers to retrench permanent workers working for decades with
impunity and replace the costly permanent workers with cheap young contract workers. Also, Companies now would open
new production sites with young and cheap labour or may even manipulate number of employees to replace the permanent
labour with young cheap labour. The production sites would not have permanent workers.
References:
1. Usha Ramanathan,“Through the Looking Glass”, Seminar 669, EPW, May 1, 2015.
2. http://sanhati.com/excerpted/12592/#sthash.5DK0XkD3.dpu
3. http://sanhati.com/excerpted/12592/
4. http://www.livemint.com/Politics/BVhf7QbiY10fDbs2M3IT3M/Labour-market-reforms-Can-Modi-govt-pull-off-what-no-
earlie.html ibid
5. http://articles.economictimes.indiatimes.com/2015-05-05/news/61833573_1_trade-unions-draft-bill-industrial-rela-
tions-bill
6. http://sanhati.com/excerpted/10936/
7. http://www.rediff.com/business/report/modi-govt-takes-the-lead-in-labour-reforms-/20150430.htm
8. http://epaperbeta.timesofindia.com/Article.aspx?eid=31818&articlexml=FRESH-HURDLE-FOR-ANOTHER-KEY-BILL-BMS-Joi
ns-09052015002019
9. http://www.business-standard.com/article/pti-stories/draft-labour-code-govt-says-rights-of-workers-to-be-protect-
ed-115050701049_1.html
10. http://www.rediff.com/business/report/modi-govt-takes-the-lead-in-labour-reforms-/20150430.htm
11. http://epaperbeta.timesofindia.com/Article.aspx?eid=31818&articlexml=FRESH-HURDLE-FOR-ANOTHER-KEY-BILL-BMS-Joi
ns-09052015002019
12. Shashikant Trivedi,‘MP Agrees to Amend 20 Labour Laws’, Business Standard, 23 September 2014.
13. Usha Ramanathan,“Through the Looking Glass”, Seminar 669, EPW, May 1, 2015.
14. Clause 38 of the Factories (Amendment) Bill 2014, amending section 64 of the Factories Act 1948.
15. Clause 39 of the Factories (Amendment) Bill 2014, amending section 65 of the Factories Act 1948.
15. Usha Ramanathan,“Through the Looking Glass”, Seminar 669, EPW, May 1, 2015.
16. http://labour.nic.in/upload/uploadfiles/files/latest_update/what_new/53994ae87860bBriefforNIC.pdf
17. K Chandru, “Ad-hocism in the Decisions to Modify Labour Laws”, EPW, July 26, 2014 vol xlIX no 30
18. http://sanhati.com/excerpted/12592/
19. http://sanhati.com/excerpted/12592/
20. http://sanhati.com/excerpted/12592/
21. http://sanhati.com/excerpted/11037/

30. 30
Infrastructure and
planning;
unplanned and
unsustainable >>

31. 31
ourism
The two schemes were launched in March 2015 and to be implemented from 2015-2016:
(i) National Mission on Pilgrimage Rejuvenation and Spiritual Augmentation Drive (PRASAD)
(ii) Swadesh Darshan
These schemes will be dovetailed with HRIDAY (National Heritage Development and Augmentation Yojana), being implement-
ed by the Ministry of Urban Development. The two schemes are very similar in approach and process of implementation with
the difference being on the focus. While PRASAD concentrates on pilgrim cities, Swadesh Darshan is on theme based circuits.
Unclear process for selection
To go a step further, of the 12 cities chosen under the PRASAD scheme, 8 are Hindu pilgrim places with one having an overlap
with Buddhism and 1 each of Buddhism, Islam, Christianity and Sikhism. Even the circuits chosen under Swadesh Darshan, of
the five, three are in eco-fragile areas which the government has been meaning to open up for long (Himalayan, North east
and Coastal regions) and two which are pilgrim circuits. However what is not clear is the criteria and process of choosing these
places as well as the rationale for the schemes themselves. For instance, if we are to compare the statistics from the domestic
tourism survey, 16.2% of the urban tourists and 12.9% of the tourist from rural area traveled for the purpose of Religious &
Pilgrimage in 2002-03. These numbers reduced to 12% and 9% respectively in 2008-09 .
Need for sustainable development
Key components in the mission statements of both schemes speak about high tourist value, competitiveness and sustainabil-
ity in an integrated manner, synergising efforts to focus on needs and concerns of all stakeholders, enrich tourist experience
and enhance employability. Further down the document this statement is used in ways to suit the needs of the government
and the industry. The concept of sustainability is construed in such a narrow manner as it seems to feature only in the use of
green technology. Sustainability in tourism is the management of all resources in such a way that the economic, social and
aesthetic needs can be fulfilled while maintaining cultural integrity, essential ecological processes, biological diversity and life
support systems. There is an understanding that the needs and concerns of all stakeholders and especially of people in tour-
ism places can be resolved by enhancing employability without taking into consideration the other economic, environmental,
social and cultural impacts of tourism that are currently exist. Secondly, in the schemes they speak about slum upgradation,
building of convention centres, golf courses, aquamarine parks, shoreline development of natural water bodies, etc. One fears
if slum upgradation will be the justification of beautification and cleanliness drives forcing / evicting these communities out
of view of the tourist. How does the large scale development of golf courses, convention centres and themes parks, which are
extremely resource intensive, fit in with the idea of sustainable development? There are five key agencies that will plan, guide
and monitor the implementation of these schemes – the National Steering Committee, Mission Directorate, Central Sanction-
ing and Monitoring Committee, Project Management Consultant and Implementing Agency. Except in the preparation of the
detailed project reports, where local bodies will be consulted, there is no reference of them in any of the other processes. Truly
the constitutional role of the panchayats / municipalities / gram and ward sabhas, is not limited only to consultations, it is one
of self governance.
Role of Ministry of Tourism
Lastly the Ministry of Tourism believes that there role is limited to fixing the gaps in infrastructure development, capacity
building, marketing (online presence) and funding and it also with this myopic thinking that they approach planning and
monitoring. For them‘the entire project would be‘outcome oriented’rather than‘process oriented’. The Ministry’s core pur-
pose is to ensure that tourism policy and the planning, coordinating and monitoring of tourism development is based on
research and ground realities, privileges local community benefits and local economic growth, which in its current thinking is
largely lacking.
T

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Statement of Civil Society Organisations to the draft National Tourism Policy, 2015
Limited Vision, Flawed Approach and Craving to Centralise, Places Central Bureaucracy and Corporates at the core and is
anti-people
In the introductory chapter of the draft National Tourism Policy (NTP), 2015 the Ministry of Tourism (MoT), attempts to present
the overarching perspective of the proposed policy, and which is further elaborated in the next chapter on Vision, Mission
and Objectives. Both these chapters lead to what follows in the rest of the policy. Keywords across the two chapters which
stand out are:
• Host Community
• Focus on positive impacts
• National political and economic agenda of tourism
• Responsible Tourism
• Government-led, private sector driven and community welfare oriented
The tourism industry is probably the only industry that sells what it has not produced. While the argument offered by the
industry and the draft NTP, 2015 is that the tourism sells an experience, necessary ingredients for the manufacture of this
experience are the natural systems as well as human societies and cultures which they have nourished. The tourism industry’s
playground – forests, beaches and hills and mountains are not merely benign ecoscapes to be bartered away by the industry.
Instead, they are homes and backyards of people, communities and villages and towns that the tourists descend upon with
their demand for as unique an experience as their money can buy.
Not viewing life and livelihood of the people as embedded in nature, we come across terms like‘host communities’, who
are taken to be subservient to the industry. This identity that is thrust on people living in‘tourism destinations’takes away
the multiple, diverse and vibrant identities that the communities really have. Identities which bestow rights, empower and
through which people can negotiate with the State and tourism industry are thus wiped out in the proposed policy.
The draft NTP, 2015 portrays tourism as an industry that accrues nothing but positive outcomes. It chooses to ignore the
existence of negative impacts, by omitting its mention from the document. Though the Ministry has historically not openly
admitted to tourism causing negative impacts, some documents do acknowledge the same.
Tourism is not just a holiday, it changes the entire social, cultural and economic nature of the place where it thrives. Local
economies become dependent on tourism, which like a weed slowly strangles traditional occupations like agriculture, fish-
ing, pastoralism, arts and handicrafts. Land and beaches get taken over for construction of tourism infrastructure affecting
farmers, adivasis and fishworkers. Pastoralists find their movement restricted due to tourism and are often forced to‘settle
down’and become labour in the tourism industry. People who are dependent on natural resources like forests, coasts and
grasslands often find themselves restricted, as tourism is developed without taking into consideration the carrying capacity
of these regions. Artisans are co-opted into the tourism industry and often forced to compromise on their art to deliver cheap
souvenirs. The unorganised sector which according to various studies contributes 60-70 % in tourism industry, is often seen
as being a nuisance, affecting the attraction of the destination and therefore marked as something that should be removed.
There are social costs: abuse of women, children particularly those forced into sex work, trafficking and child labour because
of tourism. Current forms of tourism, systemically and systematically perpetuate the caste system, with sometimes even fur-
thering caste based occupations especially those concerning dalits and adivasis. Further, the tourism industry needs to take a
positive view of dalits and adivasis for e.g. recognition of their arts and handicrafts. Gender and sexuality stereotypes are also
upheld – some examples being women dressed up at front desks of hotels and transgender communities having no other
option other than sex work and begging in tourism destinations. Therefore tourism not only maintains but furthers social
hierarchies.
The draft NTP, 2015 does not alert the industry as to implications of un-regulated tourism development, thereby not creating
the space for much needed regulatory mechanisms to protect the rights and interests of people affected by tourism.
Over the past decade or so, despite governments claiming that they hold an economic perspective to tourism, through its
argument of employment generation and resource creation, tourism has in effect been used as a political tool. The push for
tourism in regions of conflict like Jammu & Kashmir and the North East region is testimony to this. What is surprising is that
central India has not been mentioned! Several documents of the Government of India linked to‘Left Wing Effected Areas’have
spoken about the role of tourism in maintaining peace. Tourism is being used to drown out people’s struggles for self-deter-
mination. Besides, hospitality of people must not be equated with ready-for-tourism. Tourism is no more an innocent industry
that provides a good experience for tourists. It is being used as a front to change the social and economic fabric of communi-
ties.
A policy document provides insights into the political and philosophical underpinnings of the government. While it sets the
developmental goals for the Ministry, it also suggests the path to be taken. In this context, the Ministry has apparently chosen
to walk the path of‘Responsible Tourism’, while deliberately moving away from Sustainable Tourism, which at least found

33. 33
mention in documents, if not actually followed.
The law of the land in our country recognizes the concept of Sustainable Development , from which emerges the understand-
ing of Sustainable Tourism.
The UNWTO defines Sustainable Tourism as‘leading to management of all resources in such a way that economic, social and
aesthetic needs can be fulfilled while maintaining cultural integrity, essential ecological processes, biological diversity and life
support systems. Article 3 of the Global Code of Ethics for Tourism, adopted by the World Tourism Organisation (UNWTO) in
1999, further articulates practices that the tourism industry should engage in to achieve goals of Sustainable Development.
Furthermore, the Agenda 21, an action plan formulated at the United Nations Conference on Environment & Development Rio
de Janerio, Brazil, in June 1992 identifies tourism with the potential to play an important role in the global movement towards
Sustainable Development. Additionally, Chapter 28 of the Agenda 21, focuses on the role of local authorities in the fruition of
the objectives of Sustainable Development.
Therefore, the approach of Sustainable Tourism is most likely to align goals of tourism with principles of social justice as be-
stowed by the Constitution of the country.
The crux of the proposed NTP lies in one of its objectives:“Evolve a framework for tourism development, which is Government
– led, private sector driven and community welfare oriented”.
Given the market driven nature of tourism and with its welfarist approach people affected by tourism are perceived as receiv-
ing doles from the tourism industry. With the private sector in the driver’s seat, that it would not steer the industry towards
fulfilling its profit motive but towards the well being of those affected by tourism, should seem a little too naive a statement
for the Ministry to believe. This is a clear message to the people that the private sector’s / corporations’interests would be
upheld, this being reflected in the chapter titled‘Action Plan’. The residual welfarist approach will also ensure that rights of the
people affected by tourism will neither be recognised nor upheld.
This statement is primarily one on governance. The National Tourism Authority which will be reposed with authority to
respond quickly to market needs and take decisions will comprise primarily private sector and the administration, with the
Ministers playing an advisory role as members of the National Tourism Advisory Board! With this, the tourism industry will be
completely liberalised, both in letter and spirit. (Until now, the role of the Ministry and Departments of Tourism had some sem-
blance of monitoring, at a minimum).
The proposed NTP is absolutely unconstitutional, one of the pillars of which are the 73rd and 74th amendment. Where are
the Gram Sabhas and Ward Sabhas in the policy? Who decides on what form of tourism will be developed where and in what
manner? Surely this is a mockery of the world’s largest democracy!
While the NTP seeks to emphasize upon the enhanced and greater role of Center, state tourism institutions (that include state
TDCs, other autonomous public sector agencies, District Councils, elected bodies like panchayats and municipalities) find no
mention in it. Once again, this is grossly erroneous in a democratic and federated polity like ours. Also, emphasis on centrali-
zation and placing tourism in the concurrent list undermines not only their present significant role in tourism promotion, but
also the scope of meaningful participation of these institutions in future policy interventions.
The process undertaken by the Ministry to write this policy document is flawed and unconstitutional. It seems that the
tourism consultants have been employed to write this document. It’s a global norm now to democratize policy making for its
long term consequences. Even for projects there is need for free prior informed consent particularly for Indigenous Peoples,
and this is about a policy. Before the announcement of the draft policy, the Ministry received suggestions that the process be
reviewed and a democratic one be put in place, yet the Ministry chose to go ahead and this release of the draft policy.