Fraud on farmers by Government of Karnataka ?

Any Ordinance promulgated under Article-213 of the Constitution by the Governor, be based on the advice of the cabinet, in the circumstances the government is required to take immediate legislative action (if the circumstances make it necessary to do so) at the time when the legislature is not in session. 

The legal position is well-settled. Ordinances are only temporary laws, that must be approved by the State legislature within 6 weeks of reassembling, else, the Ordinance shall cease to operate. And, the power to promulgate an Ordinance, is, essentially, a power to be used to meet an extraordinary situation and it cannot be allowed to be perverted to serve political ends.

It is an established practice in a democratic process that, only when the House is in Session, the Cabinet  table the new legislations or proposed amendments to the powerful social welfare legislations, allowing the exhaustive debates in the Session on pros and cons, in order to have a consensus to bring in best possible legislations, to meet the highest level of social welfare. That, in fact, is the basic rule of democracy too.

The Speaker of the Legislative Assembly, is presently not in a position to convene a Legislative Session owing to the widespread of Covid-19 Pandemic. It is on record that  the Budget Session of the State Legislature was curtailed as a precautionary measure due to Covid-19. However, the State Government can bring in Ordinances ( temporary laws) owing to exigencies and to meet an extraordinary situation. Especially, while bringing in amendments to the powerful social welfare legislations relating to farmers, the debate in the Session is most expected and followed procedure of a prudent legislative process in a democracy, more pertinently, in the light of its resultant multi-dimensional effects on the society and it's welfare equilibrium.

Surprisingly, even though there was no extraordinary urgent situation forthcoming, the State Cabinet of Karnataka has resorted to bring in Ordinances, one after another, amending the powerful social welfare legislations pertaining to farmers, without allowing the exhaustive debates in the Session on pros and cons and has ruled out any necessity of consensus to bring in best possible legislations, to meet the goal of social welfare state.

In other way, the State Cabinet has used the opportunity of Covid-19 and lockdown thereby, for promulgation of the present Ordinance to directly subvert the democratic process.

The State Cabinet has promulgated the following legislations through Ordinances. 

1) Karnataka Agricultural Produce Marketing Committee (APMC) Act

2) The Karnataka Industries (Facilitation) Act, 2002

3) The Karnataka Land Reforms (Amendment) Ordinance, 2020.

The timing of promulgation of these three Ordinance of 2020 and their sequence of events, raise several doubts on the genuinity of  intentions of the State Government, and, their background of events are interesting, for the following reasons.

a) On 14th May 2020, the State Government amended the Agricultural Produce Marketing Committee (APMC), Act 2017 by an Ordinance.

By this Ordinance, farmers will no longer be bound to more than 150 APMC markets in the State and they can sell their produce to private players as well. 

The amendment comes in the wake of the State Government receiving a letter from the Central Government  suggesting adaptation of Centres Model Agricultural Produce and Livestock Marketing (Promotion Facilitation) Act, 2017. 

The  APMCs are regulated through state intervention, to give justice to farmers. By this Amendment, the State is giving away its right, and, admitting that it is incapable of carrying out its role diluting its role through APMC and giving away a to the private sector. Thus, State Government is undermining the role of democratic institutions like APMCs.

The Covid-19 Pandemic has taught us, that Government and state role is predominant in food security and distribution of agricultural commodities in state and unfortunately, the government is doing away with this in the time of pandemic. 

APMCs are the last hope for the farmers regarding price and marketing. And, with that last hope gone, the government is cheating the farmers community. The attempt of this state government appears to be has very clear, trying to open up agricultural markets to the private sector for a long time, which it was unable to do due to the farmers protest.

It is clearly the resultant effect by a lobby of capitalist private players and unfortunately. the State Government has acceded to their illogical demands, at the risk and cost farmers community of the State. 

The State Government has, unfortunately, used the lockdown period, to hurriedly bring about this amendment when the farmers cannot protest and when the legislature is not in session to debate or oppose it. 

b) On 25th of June 2020, the Karnataka Government amended the Karnataka Industries (Facilitation) Act, 2002 through Ordinance, by which the industries will not need any statutory permission for the first three years to set up operations in this state. These permissions include getting approval from multiple state laws including building plan approval and trade licence measures. 

It is very clear that, this law is going to serve only the industrialists by waiving of all prior approvals, at the cost of standard and essential mandatory procedural requirements and governing laws. It is purely a lobby of capitalist industrialists and unfortunately. the State Government is dancing to its tunes, and acceding to their illogical demands, owing to  its commitments (financial or otherwise) during toppling the previous coalition government. 

c)  The Karnataka Government has, in the month of July, 2020, promulgated the Karnataka Land Reforms (Amendment) Ordinance, 2020 to amend the Karnataka Land Reforms Act, 1961 removing restrictions non agriculturist purchasing agricultural lands and doubling the ceiling on land holdings.

The Cabinet had earlier taken a decision to repeal Section-79 (A) (prohibition on acquisition of land by certain persons),  Section 79 (B) (prohibition on holding agricultural land by certain persons), Section 79 (C) (penalty for failure to furnish declaration) and Section 80 (transfer to non agriculturists barred).

Cabinet has also approved to double the ceiling on land holding from 10 units per family of five, to 20 units, under Section 63. 

The Ordinance states, 'Notwithstanding the omission of Sections-79-A, B, C with effect from 1st May, 1974, the cases already disposed of before the publication of the Karnataka Land Reforms (Amendment) Ordinance, 2020 shall not in any way be affected. All cases pending on the date of publication of this Act pertaining to the Sections-79-A,  B and C and consequential thereof, shall stand abated'. 

The intention of the State Legislature is very straight forward, to make poor and oppressed agriculturists landless persons and to make the capitalist private players to acquire the farm lands, as much as possible and, to control the agricultural sector completely in their mighty hands.

On a comprehensive analysis of the legislative intentions, it's object sought to be achieved as enunciated in the amending provisions of the Ordinances and their nexus, coupled with timing, makes it clear for any comman man to completely understand the role of  mighty and powerful lobbies of capitalists and industrialists behind these Ordinances, at the cost of poor and oppressed farmers community. 

And, adhering to its commitments to 

powerful lobby of capitalists and industrialists, the State Government is dancing to its tunes, and acceding to their illogical demands, possibly owing to its commitments (financial or otherwise), while toppling the previous coalition government. 

Now, everything having said and done, the question still is not unanswered, as to whether the State Government has committed fraud on farmers or an organised scam.

The position of a common man in a country, when ruled by headless Head.

Hunger, after 65 years of independence, is no longer a major problem in India, but education is still. Thanks to all the governments so far, for their efforts to make India a Hunger-free nation. 

This milestone was possible only due to well educated, compassionate and visionary leadership, which was able to frame effective policies, and,  personally oversee their implementation, in letter and spirit. 

Likewise, education, for any growing nation, is most essential in every aspect, whether human development or mechanical development or overall growth of the country or a crisis management.

Here, I am leading you to a very common discussion that, 'whether Educational Qualification is necessary and important for politicians?

Records speak of several governments, introducing enormous policies to eradicate illiteracy. However, the leader himself incase is illiterate, there is no point or possibility to transform the citizens or to influence them to become literate.

History has authoritatively concluded that, there have always been the biggest advantages for the countries and constant growth thereby, whenever politicians and their leaders were well educated, well informed, compassionate and visionaries, who were able and competent to personally understand and frame effective policies, and, who had the  qualification and capability to personally oversee their implementation, in its true sence and perspective. 

From the administrative perspective, the leaders with less dependence on others have been the better, and, those totally independent and capable of thinking, perceiving and framing policies, have always been the best. And, those leaders, with no/less education or fake education degrees, with no compassionate heart, being totally dependent on others, have often proven the worst for the people. Be it any country, this has been a common rule. 

Practically speaking, the amount of popularity a leader has, whatever be his fan-following, his attire, body language, style of walking, fashion mantras and trends, cannot bring any practical and physical change in the growth of any country, and, inasmuch as in the normal life of a common man, unless well informed and much-thought of positive policies are brought-in with the help of education, to uplift the life of a common man. 

Now a days, it has become the basic need of a person to be educated, than an additional qualification, be it a leader or a common man. A leader, with higher degree of responsibility, should, in my opinion, equally be highly educated, matured, experienced, kind, and should understand people's feelings, thinking, vision etc. And, that all flows from education itself and our moral life. 

Leaders, with no education or less education or fake education degrees, can not, normally understand complexities and intricacies in administrative mechanism in the competitive circumstances, and be unable to cope up with the changes, which hinders country's development at the end of the day. 

From the psychological perspective too, a leader with superior educational background and skill in administration, would always be seen as confident and prefer interacting authoritatively with educated class, with qualified and experienced colleagues, subject matter experts, bureaucrats and the general public, to acquire and improve his knowledge and to increase deliverable performances. The leaders of  such kind hardly find any need to live on false pretenses or artificial or showy appearances or support of PR teams, for their survival, or to project and promote them as able leaders. Their sound knowledge, experience, expertise, disciplined and timely decisive approaches prove everything, speak volumes, with no need to seek attention and publicity. 

Whereas, an uneducated leader, in order to avoid exposure of his incompetency or his inability to comprehend, would psychologically always have an inferiority complex or an ego or frustration surrounding him and would normally avoid the healthy and fruitful discussions with his colleagues, bureaucrats or press or with the general public even, and, instead prefer radio to read out the literature crafted by professional PR Team, in an attempt to prove his ability.  Some may  even prefer Ghanti, Taali, Thaali and Diya too, to be in limelight and to continue being popular to the crowd in the gallery. Such so called leaders, just live the virtual life, 'the life of pretence', so long as they occupy the chair, to avoid true self.  By the time realities haunt, they just divert the attention to newer dimensions and vanish from the actual scene. Be that as it may, this is India and this alone goes on.. And, cheerleaders celebrate it as a success mantra of Robinhood. Interestingly, rest of the world is not free from such virtual leaders and their cheerleaders. 

Well, while concluding my personal opinion, mandatory educational qualification for politicians be prescribed in the larger interest of the country and higher the educational qualification is necessary for a leader occupying the highest position, for the country’s bright future and prosperity. Else, the position of a common man in a country, ruled by headless Head, be unimaginably pathetic and irreversible in the days to come. 

Whether silence by BSY Government, is an admission of corruption ?

The Karnataka Government has  so far received ₹664 Crores by individuals and companies for Covid-19 Fund and the CM Relief Fund. 

A statement issued by the CMO stated that, the State Government has so far received ₹299.50 crores donations towards Covid-19 and ₹ 334.50 crores to the CM Relief Fund and also the government claims to have spent ₹ 14.77 crores so far to install Medical Gas Pipeline with High Flow Oxygen System in taluka hospitals (₹109.10 crores) and purchase of Ventilator, (₹32.62,66,280).

Section of media have published  the detailed reports alongwith the visuals on Covid-19 expenditures, alleging large scale  corruption. 

Allegations of corruption in distribution of free food grains affected by Covid-19 lockdown is  parallelly doing the rounds in the State of Karnataka, and, in the mean time, some section of media has published detailed reports with visuals, on illegal storage of food grains by certain private individuals connected to the government. 

On the other hand, the Congress has demanded the State Government to come out with the White Paper on Covid-19 expenditures alleging large scale corruption and also on on illegal storage of food grains by certain private individuals connected to the government. 

However,  the State Government, has, conspicuously chosen to be silent and not taken any action as against the allegations on illegal storage and also on allegations of large scale  corruption on Covid-19 expenditures.

When government is not saying anything and its silence is speaking everything loudly, the only presumption left to be drawn  is on the credibility of the government.

Inhuman treatment of the government while handling the dead bodies of Covid-19 victims - Liability of the Government.

The Constitution of India, more particularly Article-21, dealing with Right to life and personal liberty states that, 'No person shall be deprived of his life and personal liberty except in accordance with law'. 

While interpreting the meaning and scope of Article-21 from time to time, the Supreme Court has enlarged the scope of definition and meaning of Right to life and of personal liberty, as has been referred to under the provision. 

The Supreme Court in the matter of Francis Coralie Mullin v. The Administrator, Union Territory of Delhi and others (reported in AIR 1980 SC 746), has considered the question, as to whether the right to life is limited only to protection of limb or faculty or does it go further and embrace something more. The Court held that, 

'The right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessities of life, such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling  with fellow human beings. Every act which offends against or impairs human dignity would constitute deprivation of this right to live and it would have to be in accordance with the reasonable, fair and just procedure established by law, which stands the test of other fundamental rights. Now, obviously any form of torture or cruel inhuman or degrading treatment would be offensive to human dignity and constitute an inroad into this right to live and it would, on this view, be prohibited by Article-21, unless it is in accordance with procedure prescribed by law, but no law which authorises and no procedure which leads to such torture or cruel, inhuman or degrading treatment can never stand the test of reasonableness and non arbitrariness : it would plainly be unconstitutional and void as being violative of Article- 14 and 21'.

There is implicit in Article-21, the right to protection against torture or cruel, inhuman or degrading treatment, which is enunciated in Article-5 of Universal Declaration of Human Rights and guaranteed by Article-7 of the International Covenant on Civil and Political Rights. This right to live which is comprehended within the broad connotation of the right to life can concedebly, with proper care and caution, be abridged according to procedure established by law and therefore when a person is lawfully imprisoned, this right to live is bound to suffer attenuation to which he is incapable of enjoyment, and reason of incarceration. However, such judiciously permissible abridgedment even in accordance with the procedure established by law, incase found to be inhuman or cruel, lowering the dignity of an individual, it clearly amounts to the deprivation of the fundamental right to live with human dignity and resultantly is violative of Article-21 of the Constitution of India.

In the recent past, a video of the health workers wearing a personal protection equipment are seen bringing dead bodies of Covid-19 patients in black sheets from a vehicle parked nearby and dropping one after another into the large pit, dug up with the help of earth mover, has surfaced in the social media and has created furore.   

A man who posted the video firstly on Youtube, claimed it to have happened in Ballari, Karnataka and even the conversations of the health workers in Kannada language was recorded therein. The eyewitness claimed that, 8 dead bodies were dumped in that passion in a single pit. It went viral on social media drawing widespread contamination over the manner in which handled and people demanded stringent action.

The Deputy Commissioner of Ballari, having noticed the viral video, had nothing more at his dispensation than only condemning the incident, he has not awarded any compensation to the family of the victims, as against the inhuman and disrespectful handling of the bodies, while being lowered onto the ground by the field staff. 

The Chief Minister of Karnataka too condemned the incident. However, the Chief Minister has not awarded any compensation to the family of the victims, as against the inhuman and disrespectful handling of the bodies, while being lowered onto the ground by the field staff. 

At one end, the State  Government is not handing over the dead bodies of Covid-19 victims to their families to perform the last rites, citing Standard Operating Procedure on disposal of dead bodies of Covid-19 victims. And, on the other end, the health workers are not being kind to the Covid-19 victims in performing the last rites of the deceased with honour, is inhuman. 

The act of health workers, not only, is, against all the canons of civility, but also, it reflects the failure on the part of government in strict implementation of Standard Operating Procedure on disposal of dead bodies of Covid-19 victims.

To say the least, the video reflected most inhuman behaviour of the health workers in handling the dead bodies of Covid-19 victims and is painful,  and, is violative of  right to dignity, enshrined under Article-21 of the Constitution of India. 

Conclusively, to do complete justice, the state government should seek an apology and pay the compensation to the families of the victims, as against the inhuman and disrespectful handling of the bodies.

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