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National Consultation for Strengthening Local Government and Dalit and Women Elected Representatives
1. Towards Building a National Campaign for Constitutional
Amendment to Part IX & IX-A (Article 243 G & W) and Amendment
to Create List IV in the Seventh Schedule (Local Government List)
National Consultation for Strengthening Local Government
and Dalit and Women Elected Representatives
11th
March 2014 – New Delhi
National Consultation for Strengthening Local
Government and Dalit and Women Elected
Representatives was held on 11th
March 2014 –
New Delhi With representative heads of civil
society organisations and Panchayat leaders.
Ms.Devaki Jain, Development Economist &
Activist inaugurated the consultation and consented
to be part of this campaign. Mr. George Mathew,
Chairman of Institute of Social Sciences who has
organised several national consultations of
Panchayat presidents also delivered the key note
address and extended his solidarity to this
campaign.
Ossie Fernandes, Director, HRARF chaired the
inaugural session said that this a beginning of long
journey to build a campaign for dalits, Adivasis and
women as there is more bureaucratization rather
democratization and decentralisation in panchayat
governance. Mr.Ramesh Nathan, National
Convenor, National Dalit Movement for Justice,
welcomed the participants and said that a National
level vibrant campaign is necessary to advocate
with Central Government to bring the amendments
in 73rd
Constitutional Amendments.
Ms. Sehjo Singh, Director, Programmes & Policy,
Action Aid India, shared her valuable experiences
especially on Women Panchayat Presidents.
Around 40 delegates across various states of India
participated. They also discussed the issues of
Panchayat in their respective States especially
difficulties caused by non-devolution of powers,
finance, discrimination of Women and Dalit
representatives, etc.,
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2. The main purpose of the consultation was to initiate a National Campaign for
Constitutional Amendment to Part IX & IX-A (Article 243G & W) and Amendment to
create List IV in the Seventh Schedule (Local Government List). Members of the
campaigns are now informed of the necessity of inclusion of List IV in Seventh
Schedule of the Constitution and Amendment to Part-IX and IXA of the Constitution
in order to strengthen the Local Government.
It was decided to form a coalition and to broaden the campaign by including various
stakeholders like Village Panchayat presidents, civil society organisations, women
and dalit movements across the state. Seeing the significance of this programme
National Dalit Movement for Justice based at Delhi decided to co organize together
with several Networks namely Dalit Arthik Adhikar Andolan, All India Dalit Mahila
Adhikar Manch, National Campaign for Dalit Human Rights, Institute of Social
Sciences, Human Rights Advocacy and Research Foundation, Tamil Nadu NGO
Alliance for Empowering Panchayat Government.
Around 40 delegates across various states of India Including Mr. Abdul Gani Khan
and two others from Jammu & Kashmir, who are also part of Association of Local
Governance of India, Ms.Asha Devi, Zilla Panchayat representative from Rajasthan,
Mr.Sukhdev Vishwa Premi, Director, Centre for Mountain Dalit Rights, Himachal
Pradesh, 2 representatives from National Campaign for People’s Right to
Information, representatives from Dalit Adhikar Manch, Bihar, 12 participants
including 3 village Panchayat presidents from Tamil Nadu participated.
The key decisions evolved are
• To circulate widely the draft amendments together with a Position Note
• Later in the month of June or July 2014, organising a larger convention inviting
village Panchayat presidents across the state and civil society organisations,
women and dalit movements, etc.,
• Circulating a one page Manifesto to all the political parties before the Parliament
Election.
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3. RESOLUTIONS AND WAY FORWARD
1. Mandatory devolution of powers, finances and personnel to the Panchayat
and Municipality by amending Article 243 G & W of constitution.
2. The Amendments stops short of ensuring the devolution of powers to
Panchayat government institutions similar to the List-I, II & III for Union List,
State List, and Concurrent List respectively. There is no list IV for Local
Government. The devolution of 29 powers outlined in the 73rd
Amendment
and 18 powers in the 74th
Amendment has not been made mandatory by
way of amendment to the Panchayat Act and Constitution. Hence it is also
necessary to devolve 29 powers to Panchayat and 18 powers to the
municipality by way of amendment to the respective Panchayat Act and
Constitution. Devolve greater functions, funds and functionaries to the
Panchayat so that they have effective political authority and discharge their
duties and functions as local institutions of self-government within the
meaning contemplated by the Indian Constitution. This includes lessening
bureaucratic control over Panchayat programmes and making bureaucrats
more accountable to the Panchayat, especially as regards abiding by
Panchayat decisions.
3. Give the gram sabhas greater powers to monitor the functioning of the
Panchayat and decide on budgets and the allocation of funds and other
resources, as well as the identification of beneficiaries for Panchayat
schemes. Village development plans should be formulated by the gram
sabhas, which would then feed into development plans at the taluk /union
and district levels. Information on gram Sabha meeting agendas must be
publicly shared in advance.
4. Establish separate quorums for participation by Dalits and women in gram
sabhas and sub-gram sabhas (i.e. ward sabhas).
5. Removal of arbitrary powers of District Collector. Remove the discretionary
powers of the District Collectors to remove Panchayat presidents.
Finally an ad-hoc committeeteam consist of Ossie Fernandes, Ramesh
Nathan, Sukhdev Vishwa Premi, Satish CDR, Gandhimathi, A.G. Khan and
Mr. George Mathew, Ms. Devaki Jain, Ms. Aruna Roy and Nikil Dey as experts
is formed for drafting the position paper with data in support of Amendments.
For full Report contact HRF
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