December 1, 2023
Dear Readers,
As we enter the final month of 2023, I continue to contemplate the intricate layers of India’s socio-political landscape.
The reverence of goddesses in India contrasts with the persistent gender disparities in real life. To address this, it is even more crucial for women to take leadership roles in politics. The quest for gender equality, particularly in political spheres, remains a poignant struggle despite India’s remarkable women leaders. Our pursuit should extend beyond mere representation, emphasizing the eradication of gender bias.
The collapse of the under-construction tunnel in Uttarakhand highlights the pressing need for accountability, worker safety, and a sustainable approach to development. This disaster urges us to reevaluate our priorities and embrace informed decision-making for a better, safer future.
Lastly, Justice Chandrachud’s advocacy for constitutional morality echoes the necessity of evolving societal norms, diversifying judicial appointments, and empowering local governance. It is a beckoning call to nurture the values embedded in our Constitution, steering us towards a fairer, more inclusive India.
Sincerely,
Hari Jaisingh
The challenge of ensuring gender equality in India
In Indian mythology, goddesses symbolize several distinct facets of femininity and power. In ancient India, women were revered, and the birth of a girl symbolized the arrival of Lakshmi. They were referred to as janani, or progenitors, and were considered embodiments of Durga. Even today, although Indian goddesses are revered, their representation within mythology serves to contrast and question the prevailing gender roles and disparities observed in real life.
Women, by and large, are foundational units of society, forming families, homes, communities, and nations. For a nation to thrive, women must assume leadership roles in politics. Despite their proven potential, women still need to be more appreciated in the struggles of a nation, and unfortunately, their value is often overlooked.
India has had its share of strong, resilient, and outspoken women leaders with a long history of involvement, dating back to the pre-independence era. Prominent figures such as Sarojini Naidu and Indira Gandhi have held top political positions.
Tarkeshwari Sinha, a fiery politician and a four-time Member of Parliament, served as Deputy Finance Minister under Prime Minister Jawaharlal Nehru and was one of his daughter’s most fervent adversaries. Apparently, Prime Minister Indira Gandhi avoided engaging in confrontations with Mrs. Sinha. Sinha often spearheaded the critique against the Prime Minister, accusing her of acting like a dictator. In a March 5, 1971 article in the Times of India, one of her old political friends remarked:
“Men who have dared to engage in verbal duels with her have returned bruised and shaken.”
Other noteworthy Indian women politicians include Nandini Satpathy, Sheila Dikshit, Sushma Swaraj, Nirmala Sitharaman, Mamata Banerjee, Mayawati, and Mahua Moitra. However, their presence is exceptional rather than the norm.
These women have encountered patriarchal norms, gender bias, and societal expectations that restrict their participation and influence. Although there have been notable improvements, achieving gender equality in Indian politics remains an ongoing challenge.
Globally, the involvement of women in politics remains disproportionately low. Among the 193 United Nations Member States, 34 women hold elected Head of State or Government positions. While some countries have made progress, global women’s representation in political offices remains low: 21% are ministers, 26% are national parliamentarians, and 34% hold elected local government seats. In India, the proportion of seats held by women in parliament is just 15%. According to a United Nations report, gender parity in parliament will not be reached until 2062 at the current rate.
The recent media coverage of female politicians shows that they face significant hurdles. They encounter backlash from male and female peers uncomfortable with their non-traditional approaches. They receive less favorable media coverage, which can affect their public image. They feel pressured to balance challenging the status quo and adhering to traditional expectations. In many cases, they risk fading into obscurity, their contributions overlooked or forgotten. We cannot afford to let that happen, as women’s active participation can profoundly impact governance, social progress, and gender equality.
Subtle gender bias remains prevalent in both organizational and societal contexts, creating obstacles for women in their journey toward leadership roles. Overcoming this bias is essential for women to engage to their full potential. It is equally crucial that the environment actively encourages women’s aspirations for leadership and ensures that others recognize and support their endeavors, even when they may not conform to the traditional expectations of leaders regarding appearance or behavior.
Gender equality in India, like in many other parts of the world, faces challenges and disparities. The reverence of our goddesses can serve as a source of inspiration and a reminder of the potential for women to break free from societal constraints and pursue their goals. However, achieving gender equality requires concerted efforts in various aspects of society, including education, employment, and legal reforms.
In our nation, women encounter numerous challenges, including submission to male authority, unequal pay, and violence. Moreover, the media’s portrayal of patriarchy significantly impacts women’s experiences. These challenges stem from deeply ingrained patriarchal patterns.
Recognizing that a nation’s progress relies on the active participation of its women – mothers, wives, sisters, and daughters – each one should change their attitude and consider women as equal contributors to the country’s development.
Observing the current Indian political landscape critically, it is evident that the audience in the Indian political theater seeks resolute and prompt action from their leaders to deliver on government promises for the benefit of the people. In this context, I maintain that enhancing the quality of democracy requires a concerted effort to establish a transparent political arena that strongly emphasizes gender equality, a vital aspiration of enlightened segments within India.
(November 10, 2023)
Uttarakhand tunnel tragedy exposes official indifference
On Sunday, November 12, a 60 km stretch of an under-construction tunnel in northern Uttarakhand collapsed, trapping 41 workers. The trapped workers originate from Bihar, Jharkhand, Uttar Pradesh, West Bengal, Odisha, Uttarakhand, and Himachal Pradesh.
The incident has led to a challenging rescue operation that has extended to six days and involves the National Disaster Response Force [NDRF], State Disaster Relief Force [SDRF], and the police.
For 2 days, the rescue team worked diligently to clear the debris obstructing access to the trapped workers. However, their efforts were hampered by the continuous fall of debris from loose rocks above, repeatedly blocking the passage.
The authorities then drilled 900 mm pipes into the ground, welding them together to form a makeshift passage for the trapped laborers. However, complications arose when parts of the machine broke upon encountering a boulder after inserting a two-meter-long pipe through the debris. To address this setback, another drilling machine was sent to the site from Delhi.
The collapsed Silkyara Tunnel is part of the Char Dham all-weather road project, which aims to enhance connectivity to Uttarakhand’s major shrines. The Char Dham project by the Union Surface Transport Ministry aims to widen 900 km of highways connecting major shrines – Yamunotri, Gangotri, Kedarnath, and Badrinath – ensuring round-the-year, hassle-free travel.
The cause of the collapse remains unclear, but it occurred within the scope of the highway widening project, which experts suggest had bypassed environmental impact assessments. While the Uttarakhand government has initiated a technical probe into the collapse, non-panel experts and citizens advocating responsible development allege unscientific construction practices in the Char Dham project, raising concerns about increased landslide risks.
In its July 2020 report, a high-powered committee [HPC] appointed by the Supreme Court to scrutinize the project and propose measures to mitigate environmental impacts made damning observations. The Committee stated that the project activities had ruthlessly devastated forests, rivers, streams, land, soil, and wildlife.
Further, the Committee highlighted that the 900 km project was deceptively divided into 53 smaller projects, each less than 100 km, ostensibly to avoid the requirement of an environmental impact assessment – an obligatory process for any project exceeding 100 km in length.
The visionary environmentalist Sunderlal Bahuguna foresaw the potential environmental impact of projects like the new Char Dham Road and Pancheshwar Dam in Uttarakhand. In a 2018 interview, Bahuguna expressed concerns that these projects would destroy the state, with extensive deforestation and mountainous terrain being sacrificed for construction.
Bahuguna’s insights underscore the need for environmental awareness and responsible decision-making. He warned that such environmental abuse would expose the already vulnerable mountainous region to increased natural disasters. Despite his warnings, the central and state governments have not taken substantial actions to address these concerns or implement measures based on the valuable experience and perspective of environmental advocates like Sunderlal Bahuguna.
This lack of action raises questions about the commitment to sustainable development and preserving the delicate Himalayan ecosystem. The legacy of Bahuguna stands as a poignant reminder of the necessity to value the insights of environmentalists, incorporating their wisdom into policy and project decisions for the enduring well-being of the region.
The recent collapse in Uttarakhand is a stark illustration of the concerns inherent in development initiatives within this region. It underscores that the potential risks and challenges associated with construction projects in this ecologically sensitive and geologically fragile area can no longer be overlooked.
What is regrettable is the failure of the authorities to anticipate the possible range and dimension of the tunnel construction fallout in a delicate environmental ecosystem. This is unpardonable, to say the least. Those responsible for such negligence must be held accountable and face consequences. It is crucial to learn from these errors, prioritizing worker safety and preventing future environmental disasters.
The plight of these 41 workers and their families is unfathomable. Their ordeal encompasses not only physical danger but also immense mental and psychological trauma. This incident acts as a clear call to action, stating that delaying action for a more enormous catastrophe is not a viable option. It accentuates the pressing requirement for a comprehensive and considerate approach to development. Such an approach must intricately account for the unique environmental and geological dynamics of the Himalayas, safeguarding not just infrastructure but also the local communities. It is a powerful reminder to prioritize sustainability and informed decision-making in all development pursuits within the Himalayan region.
(November 17, 2023)
A matter of constitutional morality
Morality, in its pure form, is a self-centered internal exercise that does not come under the purview of law enforcement agencies. However, Chief Justice of India [CJI] Dhananjaya Y. Chandrachud firmly supports constitutional morality. According to him, this moral principle should be embraced, even if it sometimes clashes with current social norms.
In an interview with the Indian Express, Justice Chandrachud mentioned that some constitutional values are widely accepted across the world. He also noted that the framers of the Constitution purposefully integrated provisions from other legal systems, tailoring them to suit India’s circumstances.
He added:
“We must recognise that the Constitution itself sought to reform social practices to ensure citizens were not dominated on the sites of religion, caste, ethnicity or other cultural markers.”
The Chief Justice of India has clearly stated that:
“There are many provisions in the Indian Constitution which are unique to India such as the abolition of untouchability or the content of the Directive Principles of State Policy [DPSPs]. The DPSPs include obligations on the government to legislate for free legal aid, local governance through panchayats, and the protection of the environment.”
Justice Chandrachud’s observations are indeed on point.
Viewed in this light, the Constitution is a valuable document for the betterment of Indian citizens. In specific cases, Chandrachud emphasizes that the implementation of the Constitution signifies a significant change that requires reconsideration of societal norms in India. However, he suggests we should not dismiss constitutional morality solely because it might conflict with established social customs.
The Chief Justice mentioned that when appointing judges, the Supreme Court Collegium emphasizes diversity as an essential factor. This diversity involves considering gender, caste, and representation from different regions through various High Courts. He explained that they aim to balance diversity while considering the seniority of judges across India.
Courts are also bound by institutional boundaries as laid down in the Constitution.
It is essential to emphasize that a nation’s destiny isn’t solely determined by its Constitution. However, as a dynamic document, the Constitution holds the power not just to establish democratic norms but also to profoundly steer the evolution of the political landscape.
In formulating new provisions, it is crucial to reexamine fundamental principles and goals. Adapting the theory of checks and balances to mitigate authoritarian tendencies in India’s context is imperative. Equally important is reforming the party system and legislatures to enhance the quality of democracy and the caliber of the people’s representatives.
The quality of MPs and MLAs can probably be improved by funding elections and shutting the doors of legislative chambers to persons of doubtful integrity and those with criminal records. It is also imperative to fix the minimum educational qualification for those contesting elections, even for local bodies. For, the competence of governmental functioning basically depends upon enlightened legislators.
I would like to follow B. K. Nehru’s broad objectives, as he once spelled out. Among the objectives, he emphasized that local problems have to be settled locally and local development should not take place in accordance with the wishes of the State legislatures or even Parliament itself but according to the wishes of the people of the locality, insofar as their wishes, desires, and actions do not come into conflict with the interests of the people of other localities.
We must consider discarding those constitutional provisions that do not strengthen democracy at the grassroots. It is also necessary to decentralize and de-bureaucratize the socio-economic engineering and development process. We also must learn not only from missteps but also from the experiences of other societies – the knowledge that has brought them stability, coherence, and better avenues for people’s participation in different segments of development. Providing more power and resources to the Panchayats and other grassroots units is necessary in this context. All these issues must be seen as part of constitutional morality.
I would like to conclude with a powerful quote from Dr. B.R. Ambedkar’s speech delivered on November 25, 1949, addressing criticism of the draft Constitution:
“Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.”
This sentiment resonates deeply, underscoring the necessity of nurturing constitutional values and acknowledging the complex landscape of India.
(November 24, 2023)