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Asserting Rights, Reclaiming Entitlements: Revolution By Masses

By Shalu Nigam

10 December, 2014
Countercurrents.org

India is a largest, vibrant and a dynamic democracy with its strengths as well as its flaws. India has a history of colonialism and corruption, elimination and exclusion, marginalization and subjugation of certain categories of population, yet the country also has adopted a Constitution which stands on the pillars of justice, equality, liberty and fraternity and which visualize for S overeign, Socialist, Secular, Democratic, Republic nation. Therefore, in spite of intensification of social and economic inequalities due to deep rooted biased traditions or globalization, growing poverty and vulnerability among sections of citizens clubbed with the failure of the state to deliver, people of the country have been articulating their concerns, contesting for their rights, negotiating for their spaces and reclaiming their entitlements and are engaging actively, democratically using formal and informal tools to hold state accountable. More specifically, during the last few decades, attempts have been made to utilize the right based framework to enact laws that empower citizens to demand transparency and accountability from the state thus bringing transition in the citizen-state relationship. This essay looks at the nuances of the process of socio-legal transformations over past few decades and the manner in which citizens have raised the demand for their fundamental rights and have been making attempts to strengthen mechanisms of accountability while compelling the bureaucratic structures to perform. It focuses on the manner in which common citizens have been utilizing constitutional provisions to reform the non-performing state while creating new sets of accountabilities and changing the local patterns of social and political behavior. It looks at the pressure created by the people on the state to bring about change without waiting for the state to act. The essay concludes that pro-active citizens in a democratic structure can assert power to unleash transformations using social and political processes enshrined in the Constitution using bubble up approach instead of prevalent top down one and can create a space and an alternative strategy towards a common good.

Enabling Provisions of Constitution, Fail to benefit Millions

Though the framers of the Indian Constitution introduced revolutionary social changes by writing the script of freedom with the ink of justice, liberty, equality and fraternity, yet it could not liberate many citizens who continue to struggle for their basic rights even today in independent India, decades after independence. Inequality and exclusion could not be erased by mere written prescriptions within the constitutional or legal rule books. Establishment of democracy based on civil and political rights could not make any impact on daily lives of common people for whom the struggle to survive was a major issue; neither it could alter social or economic relations. For instance, the Right to equality enshrined in the Article 14 to Article 18 of the Constitution failed to abolish deep rooted prejudices or inherent biases. These and other similar provisions could not eradicate untouchability, bend patriarchy, overcome the class barriers, or breaks the hierarchical patriarchal caste system. Similarly, the right to vote could not aid citizens to participate directly into the democratic process 1 . Further, abolishing zamindari system could not create common property resources or could reduce the vulnerabilities of small and marginal farmers 2 . The state's sponsored scheme to alleviate poverty, reduce hunger or improve educational or nutritional level could not reach millions of Indians across the country. The ‘silent holocaust of hunger' is killing millions of people every year 3 . Poverty could not be translated into prosperity for all by merely writing the rules as aspirations of majority remains unfulfilled and elusive.

Reasons being that the fundamental rights enshrined in the Part III of the Indian Constitution are civil or political in nature, while the socio-economic rights are provided in Chapter IV or the Directive Principles of the State Policies. The differences between these two are that rights can be legally claimed and fought for in the courts, however, Directive Principles are mere guidelines for the State which are non justiciable. Therefore, a poor hungry citizen cannot knock the doors of the court to demand food from the state as a citizen and a poor unemployed person cannot claim for compulsory employment. Though the state has introduced a range of welfare schemes to realize the goals declared under the Chapter IV of the Constitution, yet, these are merely given as dole or charity under the state sponsored welfare programmes and could not reach to those who are really require to be benefitted. Hence, fundamental rights remain meaningless for teeming millions who remain poor or ignorant, hungry or jobless, diseased or shelter less in the independent, modern globalized India 4 . Provisions of fundamental rights within the Constitution could not alter the social relations that are inherently hierarchical and unequal.

Additionally, since independence, while blindly following colonial legacy, what is being created is a large, hierarchical, opaque, secretive bureaucratic structure to implement the laws and the policies that affect the day to day lives of common citizens. This huge bureaucracy is slow to act, makes decision in complex and complicated ways, is secretive and often works in corrupt, dishonest, insincere, unfair and hideous manner with inefficient work flows, impeding the implementation of fundamental rights of citizens. Excessive reliance on this state machinery for welfare combined with the lack of politicization on the one hand delinked people from political processes and prevented them to participate actively in the governance process. D iscrimination, violence and exclusion on the basis of social status besides their day to day struggle relating to livelihood restricted people to actively contribute socially or politically 5 .

Also , with the advent of neoliberal policies in India during 90s, bulk of the people were marginalized and excluded from the process of development. The new players like multinational corporations attempted to diminish the power of the state making severe impact on the fundamental rights of citizens.

However, marginality is also a site for resistance, to contest claims and to negotiate for the space 6 . The structures of oppression also nourish the capacity of the marginalized people to resist, to create and to imagine new and alternative worlds. The post colonial India also witnessed the rising frustration, dissatisfaction and anger among people which foster a growing desire among people to unleash change – a positive transformation that end social ills. From Tebhaga movement to Chipko movement, from the earlier peasants and tribal struggles to more recent women's struggle against violence 7 people expressed their dissatisfaction with the state in different ways. For common people, these protests are not related to the demand for constitutional rights rather it is related to the struggle for survival and therefore the basic claims mostly relate to Jal, Jungal aur Zameen (Water, Forest and Land), essentials like food, water and employment or a life with dignity. These needs are weaved into the political struggle and linkages are drawn with the civil and the political rights. Dey 8 pointed out that a ccountability from a citizens' perspective is inevitably linked to their basic entitlements. Further, the rise of civil society made a meaningful impact on socio-political processes. Significantly, the progressive social movements in India pursued the rights based struggles by exposing the nexus between corruption and socio-economic deprivations and pushing the claims for common goods and services vis-à-vis the bureaucracy and judiciary.

Transforming Citizen's – State Interaction to Create a Meaningful Relationship

To overcome unfair and uneven growth and development, many citizens engaged with the government in a pro-active manner at various levels either by having direct face to face engagement with the state officials, mediated engagements through a range of local actors and institutions, or through protests . Especially in rural areas, where essential infrastructure and services were neglected, a few people used diverse practices to assert their claims and shape the flow of ideas within and across complex social systems. From local patronage to political parties, community, caste or clan based networks, local parallel bodies and institutions or the local voluntary associations, all act as a linkage between citizens and the states. Citizens, all over the country, have been striving to stall their substantive rights and demanding their fundamental rights while transforming everyday working of the state. Emergence of voluntary organizations, NGOs and a countermovement by other actors against rapid uneven development further act to expand and strengthen democracy. Grass root mobilization and empowerment through continuous involvement by the civil society created an active citizenry and created a site for developing alternative social and political discourses to articulate diverse concerns and negotiating alternative views thus strengthening the participatory democracy. Public opinion was formulated keeping in mind the interest of masses to involve large number of ignorant and illiterate people to influence decision making and public policy while making a strong dent on the hegemony of the elites.

Further, transformations were made possible using progressive judicial activism. Steps were taken to file Public Interest Litigations in the High court and the Supreme Court relating to violation of fundamental rights of citizens holding the state accountable legally for its actions. This significant provision of the Constitution under the Article 32 and Article 226 gained much attention in the decades of 80s when the Supreme Court on India while broadly interpreting the rule of locus standi opened its door to receive Public Interest Litigations. The courts in India then took up the role of an ‘activist court' by enabling citizens, NGOs or court itself suo moto may bring the issues within the legal or judicial domain even if they are not directly affected 9 . Through these PILs the courts extended the notion of substantive rights protected under the Constitution to include the Right to Food, right to environment, right to work and right to education.

Decentralization of democracy was formally made possible through amending the Constitution by the Constitution 73 rd Amendment Act in 1992 by vesting powers to Panchayats and strengthening gram sabhas . This step was significant in enhancing civic participation in governance, expanding social foundations of parliamentary democracy and to create a new regime of governance and development. Moreover, efforts are being made to strengthen political accountability by mobilizing people around the right to exercise their franchise as evident in the voting statistics of the recent elections 10 . Goetz and Jenkins 11 refer to this new form of citizen engagement as “hybrid” accountability where citizens act actively and participate in governance process.

Habermas 12 argued that with the advent of the capitalist economy Öffentlichkeit or the `public sphere' appeared. This is the space outside of the control by the state where individuals exchanged views and knowledge. In Habermas's view, the growth in newspapers, journals, reading clubs, reading clubs and coffee houses in 18th-century Europe, all in different ways, marked the gradual emergence of Öffentlichkeit culture. An essential characteristic of this culture is its "critical" nature and it is characterized by a dialogue among individuals using various means including the print media. In his view, the French Revolution was in large part caused by the rise of Öffentlichkeit culture. Similarly, in India, today a space has been created with the technological, social and economic changes that are giving rise to a new culture where citizens are gradually becoming proactive and participating in the struggles on the issues relating to them.

This is in spite of the obstacles like illiteracy, ignorance, poverty, conflicting interests, caste, gender and other hierarchies, different languages or backgrounds inherent in the social structure that public and political could spread to masses rather than getting limited to elite or dominant classes 13 . Or rather as Fraser 14 argued that parallel discursive arena which she called subaltern counterpublics were invented by the members of subaltern groups based on their identities, interests and needs were being developed which raised multiple issues using several public forums against exclusion and marginalization which made claims for citizenships rights and inclusions and where citizens engage in political and ideological struggles.

Claiming Socio-economic Entitlements: Paving New Ways

The subaltern struggle around identity and exclusion took a new form with the arrival of globalization. As the marginalization intensified, so did the struggle against it. Globalization brings multinationals which are tools to exploit natural resources, livelihood and finally affected the survival of masses. Yet it also in some way helped people to connect globally with like minded people and organizations and exchange ideas, tools and information against oppression. Platforms like World Social Forum help people to align globally against the neoliberal forces under the slogan `Another World is Possible' as against `There is No Alternative' pushed by the market forces.

Further, within India, n ew institutional mechanisms were pressed by the civil society that allow intended beneficiaries to participate in social audit of local public scheme and monitor the worked done by the state officials. These reforms created transparency and a space for people involvement to challenge the practices of corruption. Enactment of laws like, the Right to Information Act, 2005, mandates the government to release information regarding their activities in timely manner to citizens thus introducing an era of transparency 15 . The RTI movement began in Rajasthan in early 90s through the struggles of workers and peasants of Mazdoor Kisan Shakti Sanghthan (MKSS) fighting on the issue of land, minimum wages, and delivery of basic services to poor. They understood the connection between the Survival and their Right to Know. A woman Sushila, who had only studied up to the 4th standard, in the year 1995, coined the slogan “Hamara Paisa, Hamara Hisab” (Our Money, Our Accounts) that now symbolizes the RTI movement all over India. Late Mohan Ram, a dalit who had never been to school, ‘chronicled the early years of struggle through a song he composed and popularised explaining the relationship between information, power and democracy'. Lal Singh joined the MKSS to fight a feudal landlord and to ensure land re-distribution in his village, draw linkages between the Right to Information and unequal power relationship 16 . Also, the movement on the Right to Food and Right to Employment found their roots in the movement on the right to information.

The National Rural Employment Guarantee Act was created in 2005 to grant every adult member of rural household to demand 100 days of waged employment from the state. The purpose of enacting this law is to create socioeconomic space in a country where economic rights of poor could be materialized. The Act incorporated provision for transparency and accountability by mandating to undertake social audits on MGNREGA work sites. The social audits in the MGNREGA are conceptualized as a process undertaken jointly by the citizens and the government. According to the law, all gram panchayats (elected village councils) are expected to conduct social audits of schemes in their domain at least twice a year. A s Hirschman argued citizens demand echoed through formulation of `voice' rather than `exit' in holding the state accountable 17 . The National Food Security Act 18 passed in 2013 is a milestone in the history of India's fight against hunger and malnutrition, as it empowers more than 800 million Indians (75 percent of the rural and 50 percent of the urban population living below and just above the national poverty line) to legally claim their right to subsidised staple food. The Preamble of the Act says, “ An Act to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therewith or incidental thereto”.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, empowers tribal communities with the right to own and use traditionally cultivated land and to protect and conserve forests. The Right of Children to Free and Compulsory Education Act, 2009, makes the enrollment, attendance, and completion of schooling of every child under fourteen the obligation of the state. Thus, through all these mechanisms a linkage is drawn between essential survival needs of common people with the right based framework. Decisions to legislate on socio-economic rights by mobilizing popular discontent ushered a new age for Indian democracy. Ackerman 19 described these kinds of reforms as “co-governance” where citizens' engage themselves into the daily workings of the state. Introduction of these rights based laws act as a base for shaping a new India where citizens are now reclaiming rights, voicing their concerns and paving way for true democracy.

Writing History through Resistance and Change

Rights, on paper were seemingly meaningless yet they got alive when people collectively came together to impart them the new meaning by relating these to their everyday existence. The state, in itself, is an unfathomable entity, yet it is being made accountable through continuous persistence efforts made by the proactive citizens. With the rising subaltern participation and increasing grass root political movements, radical transformation in democratic structure are being made possible. Weaving in the language of rights, while addressing the everyday survival needs of citizens, is also an attempt to redress power asymmetries in an uneven, unequal society. This is space where elite leaders no longer remain as the custodian of democratic process and where common people collectively came to contest for their survival, dignity and entitlements. Mobilization of marginalized and oppressed on multiple common as well as diverse interests is construing plural spaces within public sphere. This site to assert subaltern's voices while negotiating for citizenships rights is aiding in social transformation by re-imagining proactive citizenship. However, what is required further is to enhance citizen's participation and holding state accountable using various instruments like social audits, jansunwais , or RTIs. The aim is to influence administrative changes and local social political behavior to transform the dynamics between politics, bureaucracy and civil society by making state more responsive to citizen's legitimate claims. Thus, the most significant step is active participation of common people in the process of governance – making changes happen at the grassroots rather than awaiting for the state to act.

To sum up I will like to quote Sankhari Devi, a 54 year old widow in Rajasthan who had never received formal education, whom I met during a legal literacy training program a few months back, “I am not aware if Constitution exists or what is it…But all I know is just one thing that we need food, water, land and employment, to survive…those are our basic needs….who else can give us those…. Not courts, not laws, not panchayats, not police ….why should we go and ask them….These are ours…. If anyone threatens our survival we have to fight on our own….because for us this is life”. Or, in other word, “Nobody can give you freedom, nobody can give you justice. No laws or formal institutions can help you survive. You need to assert for your survival”.

Shalu Nigam is an activist and a researcher and has written several books, research papers and articles on Rights, Governance, Gender and Law issues. She may be contacted at [email protected]

1  Nandy Ashish (2002) Time Warps: Silent and Evasive Pasts in Indian Politics and Religion, London:

Hirst and Company

2  Mehta Pratap Bhanu (2012) Breaking the Silence Dated October 1, The Carvan, http://www.caravanmagazine.in/essay/breaking-silence

3  Sanhati http://www.bhookh.com/hunger_facts.php

4  There are 820 million chronically hungry people over the world and out of this one third are in India. An estimated 32.7 percent of the Indian population lives on less than US$ 1.25 per day, The country is home to a quarter of all undernourished people worldwide. India ranked 94 th out of 119 countries in Global Hunger Index. https://www.wfp.org/countries/india/overview

5  Chandhoke Neera (1995) State and Civil Society: Explorations in Political Theory, New Delhi: Sage Publications

6  Nigam Shalu (2014) From The Margins: Revisiting The Concept Of `Marginalized Women' http://www.countercurrents.org/nigam030914.htm

7  Nigam Shalu (2014) Violence, Protest and Change: A Socio-Legal Analysis of Extraordinary Mobilization after the 2012 Delhi Gang Rape Case, published in the International Journal of Gender and Women's Studies, June 2014, Vol. 2 No. 2 pp 197-221 Published by AIRPD http://aripd.org/journals/ijgws/Vol_2_No_2_June_2014/11.pdf

8  Dey, Nikhil (2010) The Will and the Way – Part 1 in From Outlays to Outcomes: Getting Development From Development Expenditures . India Review 9(2): 266–270. India: Routledge

9  Rajamani, Lavanya and Arghya Sengupta (2010) The Supreme Court In Oxford Companion to Politics in India , edited by Niraja Gopal Jayal and Pratap Bhanu Mehta. Delhi: Oxford University Press.

10  Haq Zia (2013) High voter turnout: what's behind the surge? The Hindustan Times Dated December 4

http://www.hindustantimes.com/specials/coverage/myindia-myvote/chunk-ht-ui-myindiamyvote-dontmiss/high-voter-turnout-what-s-behind-the-surge/sp-article10-1158837.aspx

11  Goetz Anne Marie and Rob Jenkins (2001) Hybrid Forms of Accountability: Citizen Engagement in Institutions of Public Sector Oversight in India, Public Management Review 3(3): 363–83. Birkbeck: University of London.

http://www.bbk.ac.uk/polsoc/download/rob_jenkins/Hybrid_Forms_of_Accountability.pdf

12  Habermas Jurgen (2000) Social Structure and the Public Sphere, The Structural Transformation of the

Public Sphere: An Enquiry into a Category of Bourgeois Society, Translated by Thomas Burger with

assistance of Frederick Lawrence, Cambridge: MIT Press

13  Chandoke (1995) op.cit.

14  Fraser, Nancy (1990) Rethinking the Public Sphere: A Contribution to the Critique of Actually

Existing Democracy, Social Text No. 25/26

15  Nigam Shalu (2006) About Your Right to Information, We the People Trust, New Delhi

16  Pande Suchi (2014) The Invisible History of People's Movement, The Telegraph, dated March 13 http://www.telegraphindia.com/1140313/jsp/opinion/story_18068459.jsp#.UyG259w5NG4

17  Hirschman Albert O. (1970) Exit, Voice, and Loyalty: Responses to Decline in Firms, Organizations, and States, Vol. 25 Cambridge, MA: Harvard University Press

18  Act No. 20 of 2013 received assent of the President on September 10, 2013 http://indiacode.nic.in/acts-in-pdf/202013.pdf

19  Ackerman John (2004) Co-Governance for Accountability: Beyond Exit and Voice, World Development Vol 32 No. 3 p 447-463


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