Poverty estimation: A mockery of the unprivileged

As reported by The Times of India, according to a study published in the ‘Future Development’ blog of Brookings, Nigeria has overtaken India in terms of the highest number of extremely poor people (https://timesofindia.indiatimes.com/india/india-no-longer-home-to-the-largest-no-of-poor-study/articleshow/64754988.cms). The study estimates that at the end of May, 2018, Nigeria had about 87 million people in extreme poverty compared to India’s 73 million. The poverty line in the estimations is defined at $1.9 per person per day. So, a time to gloat and celebrate? Far from it I think.

First and foremost, I have serious problems with this entire business of poverty estimation, and the way it is done. There exist a plethora of methodologies to arrive at a poverty line, which, according to Cambridge Dictionary is defined as, “the official level of income that is needed to achieve a basic living standard with enough money for things such as food, clothing and a place to live” (https://dictionary.cambridge.org/dictionary/english/poverty-line). If we consider the global standard as stated above, i.e., $1.9 per person per day, it can be roughly translated to about Rs. 130 per person per day, which would mean about Rs. 4000 per person per month. Within the definition of poverty stated above, I am at a loss to understand the kind of ‘basic living standard’ that this amount will be able to provide to any individual. How ‘basic living standard’ is even defined here? Is this money even enough to fulfil the daily calorific and nutritional requirements of an individual, leave alone clothing and shelter? If it is, do these calorific requirements take into account the kind of lifestyle of the people that are involved? The diet charts that are prepared by nutritionists provide minimum quantities of fats, carbohydrates, minerals, vitamins etc. that an individual should consume in a day. Will it be possible for an individual to consume the same, day after day, with this meagre amount? Or are such diet charts not relevant for the so called ‘poor’?

Coming to clothing, what is the definition of ‘basic’ in terms of clothing? When does one feel that certain amount of clothes are now sufficient for a decent standard of living? Certain individuals have the means that they can wear even five different outfits in a single day (and they will never repeat these again in their lifetime) whereas for certain others five outfits may be deemed to be enough for five years, at the rate of one new outfit a year, and they may still qualify in terms of meeting the requirement of ‘basic’. Why so?

Lastly, coming to the shelter part of it or a ‘place to live’. What is a decent enough ‘place to live’ for an individual? For some people a ‘place to live’ may consist of a multistoried mansion for a family of four to five individuals, whereas for some others one small room for a family (that may or may not be ‘pucca’) of ten may be deemed to be fulfilling the requirement of ‘basic’.

What happens when the number of people below this ‘basic standard of living’, as explained above, declines? It is deemed as a great achievement for the nation. It is worn as a badge of honor, used in speeches after speeches to garner votes from the electorate. It is considered as the final proof of the success of the policies that the nation has been following. Why is this so? Because it has been drilled into you that the first goal has to be to move maximum number of people above that sacrosanct line and only then should we talk about anything else. No one stops even for a second to wonder what is so sacrosanct about that line? What difference will crossing that line make for those whose lives are being discussed here? What is anyone going to achieve even if the entire population is officially declared to be above this line? What are the goals that we would have then fulfilled as a society?

At this juncture, I would like to also share some other data, which I think should be considered as extremely relevant by all. Following data has been thrown up by the World Inequality Report, 2018 (https://thewire.in/business/rising-inequality-india-insight-world-inequality-report-2018).

The total cumulative real income growth per adult from 1980-2016 for India is as follows:

Income group	Value in percentage
Full population	223
Bottom 50%	107
Middle 40% (between top 10% and bottom 50%)	112
Top 10%	469
Top 1%	857
Top 0.1%	1295
Top 0.01%	2078
Top 0.001%	3083

 

Further, share of national income growth captured by income groups from 1980-2016 is as follows:

Income group	Value in percentage
Full population	100
Bottom 50%	11
Middle 40% (between top 10% and bottom 50%)	23
Top 10%	66
Top 1%	28
Top 0.1%	12
Top 0.01%	5
Top 0.001%	3

 

After going through the above tables, it is amply clear who is actually gaining from the so-called miraculous growth story of India. Whereas the accumulation of wealth at the top is growing at an exponential rate, the bottom-most are just being handed down a change in their status and nomenclature. The ones earlier counted as extremely poor below the poverty line are now poor above the poverty line. What this actually means for them is anybody’s guess. But it does mean a lot for the policy makers and their apologists. It means that they can add another feather to their cap, howsoever meaningless it actually may be. However, any amount of self-congratulation will not be able to suffice in answer to some ‘basic’ questions: What differentiates those at the top from those at the bottom? Have all those at the top earned their right to be there? Does the accident of their birth does-not have anything to do with it? Have they not been treated favorably at the expense of others at every step of the way that is in case they have not inherited their wealth and status? Should the so-called ‘poor’ feel gratified, obliged and thankful if they succeed in crossing a line which they might not be even aware, exists? Do they not have any right to have a life beyond the ‘basic’ needs of food, clothing and shelter? Why are they more unequal than the others? Why should they not feel mocked if their entire lives are reduced to just numbers and statistics?

If we are to ever consider ourselves a ‘civil’ society, we will have to answer these questions. Otherwise, let us just simply forget about all of the above and join in the celebrations of losing our number one spot in terms of the numbers of ‘extremely poor’. Let us be proud that we have been displaced by some other unfortunate nation who has now acquired this coveted spot. Because again, as far as the modern philosophy of nation-states goes, it should not be our concern if the hungry belong to some other nation, even if such extreme hunger, poverty and deprivation is a consequence of the very policies that the world has decided to openly embrace.

Regulation at the cost of human lives?

A life-saving medicine for pediatric heart patients, namely, Furoped, or Furosemide, more commonly known as Lasix (a diuretic that is prescribed in babies with heart ailments to drain the body of fluids, to reduce the load on heart), has recently gone out of market (https://indianexpress.com/article/india/price-cap-squeezes-out-key-drug-for-children-with-heart-ailment-5229669/). This is after The National Pharmaceutical Pricing Authority (NPPA) set the ceiling selling price for the drug at Rs. 10 in the month of November. The manufacturer of the drug, Samarth Pharmaceuticals, has stated that the price was reduced by 92% since the drug was brought under price control and they were being forced to sell at less than the cost price. They have stated that they were still trying to maintain supplies, but were unable to do so in large quantities.

The NPPA has, in turn, stated that the matter had been brought to their notice and they were looking into it. They also said that they had called for certain information from the manufacturer which has now been received and the issue will be taken up in the next meeting of the authority to be held on June 28.

Hapless parents are meanwhile, and as usual, struggling with the situation to their best possible individual means and capacities.

Situations like the above have become so common in the Indian scenario that they fail to attract much attention, other than passing references and a few concerned voices that may be raised. The acceptance of administrative apathy and incompetence, and the devaluation of a human life has become so complete and systemically entrenched that coming across such situations and incidents fails to elicit even a minor reaction from the majority of the population. They seem to be routine, run-of-the-mill matters which do not deserve any special attention.

However, such a situation is neither routine nor run-of-the-mill for the parents who are daily watching their children suffer and at the same time struggling to arrange for the medicine they know can save or at least prolong the precious lives of their kids. The reason for this struggle, however, may not be understandable to these parents. It is not clear, for instance, what data was collected and analyzed by the Pricing Authority before bringing the drug into price control. What was the basis of taking the decision? Was the shortage of the drug apprehended? What were the measures that were taken to avoid or tackle such a situation, if it occurred? When was the information that the Authority says it has now received from the drug manufacturer, called for? If this information was essential for arriving at the decision to control the prices of the drug, then how was the decision taken in the absence of such information? If the Authority now realizes the gravity of the situation, why is it important to wait for the next regular meeting scheduled for June 28, to discuss the situation? Are there no contingency plans on the table? Is the situation not serious enough to warrant the implementation of such contingency measures, if at all they are in place? What is the wait for?

Questions galore, but alas, no answers! May be the situation is dire for only a few members of the society as of now. May be it is not happening to us to be overly concerned with it. But till when will be able to sustain such kind of an apathetic attitude? Till when will we able to survive in such a callous world? In fact till when will a world which harbors such an apathetic society be itself able to survive? Not very long, I think.

The curious workings of the Sedition Law in India

Section 124-A of the Indian Penal Code states the following:

“Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.

Explanation 1 – The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2 – Comments expressing disapprobation of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3 – Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.”

 

The Indian Express has recently reported that sedition charges were imposed on five minors for dancing to ‘anti-India’ song. The FIR has been registered at the Nisarganj police station in Rohtas district of western Bihar (https://indianexpress.com/article/india/five-minors-face-sedition-charge-for-dancing-to-anti-india-song-5224928/). As reported, the incident occurred when about 150 people aged between 10 and 22 years took out a “channd julus (moon procession)” a day before Eid, after hiring a DJ, named Ashish Kumar, a local resident. The FIR was registered against eight people – the event’s organizer, DJ, his driver and five minors who were found dancing to the song – this is apart from 20 other unidentified people. According to the FIR, a person named Chandan Thathera shot the video and later handed it to a local Bajrang Dal leader, Manoj Bajrangi, who gave the video clip to the police.

The lyrics of the contentious song, which was played in between other songs being played, if roughly translated, go as follows – “We are Pakistani mujahids, protectors of Earth; if you challenge us even by mistake, we will cut you up.”

Without going into the legitimacy of invoking Section 124-A in this case in general, it is pertinent to examine the same at least with respect to its invocation against the minors, who danced to the song. It will be interesting to see how these charges against the minors are sustained and substantiated, in view of what Section 124A defines as sedition, which is stated above. First and foremost, these individuals were not the ones who played the song. Secondly, it was one among the many songs to be played and the accused happened to dance to the song in the flow of things. If such is not the case, then it needs to be proved that the steps that were used by the accused while dancing to this song were different from the ones they were using while dancing to the other songs and that these specific steps were such that they could fall into the category of ‘attempting to bring into hatred or contempt, or exciting or attempting to excite disaffection towards the Government established by law in India’. If such is not the case then all those who happened to listen to the song may be held equally responsible for sedition, which sounds laughable.

The above conjectures sound completely implausible, far-fetched and imaginary. However, the truth is that the invocation of this law has more often than not been done on such flimsy grounds. As much as the presence of the law in the Penal Code of an independent and democratic India itself, has been questioned and condemned vociferously, its casual invocation, in almost all the cases, has been repeatedly brought to light. Yet, no government of independent India has ever attempted to scrap this contentious law, although it is nothing more than a relic of a colonial past. Rather, this law has often been clandestinely used to impose the authority of the state or may be to settle scores on some other front.

Incidentally, in this case, it will be useful and interesting to go through some of the statements of the relatives of the arrested minors. The elder brother of one accused, who studies in class VI, said, “The children were dancing in joy. Most of them realized that some objectionable and controversial song had been played only after the ruckus following police intervention.” Father of another boy said, “Sedition charges against these little boys have hurt us badly. There has never been any communal riot in Nisarganj’s history. In this town you can still hear azaan (call of prayer from a mosque) and Ram dhun (Hindu devotional song), going on simultaneously.”

Food for thought. Isn’t it?

Trump backs down on one of the most inhumane policies

The world has, of late, been grappling with the worst kind of humanitarian crisis. As a part of its ‘zero tolerance’ approach to illegal immigration, the United States of America, had, in May, allowed the filing of criminal charges against undocumented immigrants. This led to separation of nearly 2000 children of these immigrants from their parents in a matter of just six weeks. (https://scroll.in/latest/883477/united-states-president-donald-trump-signs-executive-order-to-keep-migrant-families-together).

Horrified by the implementation of these completely inhumane orders, there has been a wave of protests throughout the world. The protests intensified further after an investigative news website, ProPublica, released an audio recording on Monday, of the separated immigrant children crying inconsolably for their parents, at a detention centre on the US-Mexico border. President Trump’s wife and daughter joined in the protests to end this humanitarian crisis. President Trump has now signed an executive order to not separate the detained immigrant families. Although this comes as a major immediate relief in the present circumstances, however it still leaves many questions unanswered. The status of the children who have already been separated is still unclear. Further, it is still not known that for how long these immigrants can be held up and detained pending the ongoing proceedings against them.

The United States has recently also withdrawn from the United Nations Human Rights Council charging the organization of hypocrisy, since it had condemned the abovementioned US policy and charged it of gross human rights abuses because of this policy of separating the children of immigrant parents from them. As ludicrous as this denunciation of the UN Human Rights Council sounds, coming from the United States, whose human rights records have never been a matter of pride, it remains to be seen how the accountability of the human rights excesses that have already been committed in this matter, will be fixed and by whom.

However, looking at the macro issue of illegal immigrants throughout the world, it will be beneficial to all if a framework is arrived at through mutual discussions and negotiations among the world community on how to approach this issue in a humanistic manner. Illegal immigration is not a country specific problem and cannot be seen in isolation, by removing it from its context and completely overlooking the reasons for it. The root cause here is again the growing inequalities in the world which lead to such dire living conditions for substantial population of the world that they resort to any and every means possible to simply be able to continue to survive. This issue is not simply a mathematical issue of numbers, wherein nations start to drive out excess number of people from their soils without paying any heed to the social realities that force these people to resort to such practices in the first place.

Illegal immigration is a systemic as also a system and policy driven issue. The victims of the system are portrayed as criminals and punished harshly for their alleged crimes. Such harsh measures as adopted by the United States of America may appear to be a solution in the short term but are completely unsustainable on a long-term basis in view of the humanitarian concerns. Whenever one faces a dilemma of a choice between humanity and maintenance of the boundaries of the nation-state, or in other words, a dilemma between what the choice should be – humanity or patriotism (one’s commitment towards maintenance of the sacrosanct nature of one’s nation), it will not be difficult to arrive at the right decision if Rabindranath Tagore’s words are kept in mind:

“Patriotism cannot be our final spiritual shelter; my refuge is humanity. I will not buy glass for the price of diamonds, and I will never allow patriotism to triumph over humanity as long as I live.”

However, this is an adage which has been long forgotten. In today’s world, patriotism trumps humanity by a huge margin.

The Scourge of Manual Scavenging – Unacknowledged and Perpetuating

A recent inter-ministerial task force has estimated the number of manual scavengers as 53,000. This survey includes data from 121 districts (spread over 12 states) out of more than 600 districts in the country. This number, though is a four-fold increase from 13,000 odd workers recorded in 2017, it is also pertinent to note that following surveys that outlawed manual scavenging in 1993, the central government had counted 7 lakh manual scavengers by 2004.

 

Another significant aspect of the latest survey is the very definition of manual scavenging. The abovementioned estimated number does-not include those involved in cleaning sewers and septic tanks, and also does-not include the data from the Railways, the largest employer of manual scavengers. It also does-not include data from urban areas. Sewer and septic tank cleaning has also not been included, as according to an official of the Ministry of Social Justice, “it can’t be completely done away with but can only be regulated with the use of protective gear, which is allowed under the law”.

 

It is not very difficult to draw certain common-sense conclusions from the above description of the state of affairs. Firstly, the evident reluctance of the states to participate in the exercise of collecting data on the number of manual scavengers present in the states displays the amount of concern they have towards the plight of these workers. Since manual scavenging was outlawed in the year 1993 itself, the states have devised innovative ways of staying at the right side of the law. These include refusal to participate in the enumeration exercise itself, refusal to officially verify figures and so on and so forth. Similarly, central ministries like the Ministry of Railways and the Ministry of Urban Affairs do-not think it significant enough to part with the numbers, or for that matter, arrive at them in the first place.

 

Further, the central government and the states have very strategically and conveniently redefined the scope of what constitutes manual scavenging itself. So sewer and septic tank cleaning does-not even form a part of manual scavenging for the superb reason that ‘it cannot be done without’. As a result, sewer and septic tank cleaning is very much lawful, albeit if carried out with ‘full protective gear’. It is not of much significance however that such protective gear, which includes 43 kinds of protective equipment and 11 mechanical equipment, is seldom if ever made available. This farcical situation would have been quite hilarious had it not been so unbelievable, unfortunate, dangerous, sad and disgusting. The excuse of protective gear is conveniently use to keep a certain activity out of the purview of law and at the same time no-one bothers to actually provide that gear. So, in the end, these helpless workers, continue to indulge in a lawfully prohibited activity, working with their bare hands and bodies, drinking heavily to be able to tolerate the stench and many a times losing their very lives in the process. On top of that, they are not even counted as manual scavengers because, on paper, cleaning of sewers and septic tanks is allowed because it is supposed to be done with full protective gear (so what if it actually never is). Unbelievable, but true!

 

Next, if we look at the practice of manual scavenging in light of the caste hierarchies prevalent in our nation, it will be amply evident that manual scavenging has traditionally and even today been relegated to those present at the bottom-most step of this caste ladder. So, even among the Dalits, manual scavengers are one of the lower-most sub-groups, and are treated as such, even by the Dalits who occupy a higher place than them in the caste hierarchy.

 

Every death of a manual scavenger momentarily succeeds to find a place in the news of the day. It results in some token gestures, some intellectual analysis, some laments, recommendations etc. Then something more pressing like may be the death of a celebrity, or some unpatriotic act by some citizen, comes to the fore and these deaths are very easily forgotten. With the strengthening of the caste hierarchies in the present day scenario, and gradual dilution of Dalit rights, it is not very difficult to forget those who are at the lowest rung of the hierarchy as they are neither a significant part of the vote bank, nor a part of a powerful lobby. In fact had they not been essential for doing all the dirty and menial work, they would have been quite dispensable. When such are the sensibilities of the nation that we together form, then is there something better that can be expected?

The field of Education: Political Playground

The NCERT curriculum and textbooks were revised following the recommendations of the National Curriculum Framework, 2005. Additionally, National Focus Groups were formed, which presented Position Papers on the teaching-learning of specific subjects in schools. This entire exercise was a very comprehensive one. The experts in the field of education and policy-making were involved who undertook wide consultations with various stakeholders in the field of education, like teachers etc., and came out with impressive and path-breaking recommendations and Position Papers. These recommendations were duly incorporated in the NCERT textbooks that were formulated post NCF-2005. Even a cursory look at these textbooks is enough to understand the massive difference between these revised textbooks and their previous versions.

 

Although theories based on research in the field of education have repeatedly advocated for textbooks to be considered as only one among many resources in teaching-learning, yet in the Indian education scenario, these continue to be the primary and only resources that are used in the classrooms. In such a situation, their importance and significance increases all the more.

 

As much as the above is true, it is equally true that education has also always been a battlefield on which ideological battles have been fought. It is well understood and internalized by the political community that control over what is taught to students in schools is akin to ideological control over mass-level thought process and is essential for long-term political viability. The political right and the organizations affiliated to it have been in the forefront when it comes to the use of this ideological tool of control over educational content imparted in schools. The vast network of RSS schools throughout the nation, propounding its ideology on a mass scale, is ample testimony to this. The coming into power of a government affiliated to a politically right-wing ideology has invariably been accompanied with a tinkering with the NCERT textbooks prescribed in the schools, especially those dealing with social science subjects, like History. The same is being witnessed now, over the last two-three years. However, there is a definite difference in the approach towards implementation of the same. In line with the way the present political dispensation has been functioning, the latest series of revisions, big and small, that have been implemented and are scheduled for implementation, have been carried out single-handedly by the political dispensation, without even a semblance of consultation with experts or institutions who have been established for this very purpose. The trend of undermining of institutional autonomy, thus, continues unabated.

 

As also expected, the revisions that have been undertaken, aim at providing a much larger space and one-sided depiction of personalities considered to be icons of ‘Hinduism’, like Shivaji, Maharana Pratap etc. At the same time, such changes also aim at delegitimizing the role and contributions of those considered to be ‘outsiders’ like the Mughals. The changes are solely an attempt to portray a non-existent polarized history of the nation, thereby trying to rewrite history in the language of ‘insiders’ vs ‘outsiders’. 

 

The other kind of revisions that are being undertaken are the insertions of all the good work that the present dispensation has been doing, like bringing in demonetization, implementing schemes like Swachch Bharat Abhiyaan etc. These insertions are aimed at blatant eulogization of the present dispensation without paying even the minutest of attention to the realities and the facts of the situations. Such insertions are a testimony to the fact that not only has the spread of ‘fake news’ become the greatest menace to the Indian democracy, the spread of fake propaganda through the blatant misuse of the education system of the nation has become the single-most biggest threat to the existence of our great civilization.

 

The abovementioned falsification of historical truths in the school textbooks and presentation of one-sided story of the tremendous successes and achievements of the present dispensation, without any consultations whatsoever with the institutions that are responsible for the curriculum, not only undermine the strong fabric of institutional autonomy inbuilt in the governance structures of the Indian democracy, but also threaten to destroy the centuries old rich and diverse Indian civilization. Not to mention the false propaganda being spread far and wide, and the complete undermining of the desired scientific and secular nature of the education system. The only thought that can offer any succor in this bleak environment is a flicker of hope for this to be only a temporary phase in the long history of our nation and its education system.

Erring teachers to be penalized

The Gujarat Education Department has decided to take strict action against over 2300 school teachers who were appointed as evaluators for Class X Board exam. (https://indianexpress.com/article/education/higher-fine-gujarat-education-ministers-rebuke-in-store-for-2300-teachers-who-erred-in-giving-marks-5225039/) This is after the Department was appalled by the kind of mistakes the teachers were found to have committed while evaluating the exam papers. Some of these, as stated by the Department, include errors ranging from simple addition, omitting decimal to even awarding marks higher than the total marks for the paper. As reported by Indian Express, apart from a higher than before fine amount, these teachers are also set to be personally reprimanded by the Education Minister of Gujarat, Shri Bhupendrasinh Chudasama, who shall also, however, grant them a hearing before taking ‘appropriate’ action against them. It is further felt by the Minister and the Department that mere fines are not punishment enough for such egregious errors of commission and omission.

All of this sounds very reasonable. The kind of errors mentioned above seem to be too basic to have been committed by school teachers and thus an initial opinion about the utmost lack of responsibility, or ability, or the sheer carelessness and casual attitude on part of the teachers may well be formed. The proposal of the government to hand out strict punishments to such errant teachers may also not seem unreasonable.

However, when such incidents come to light, it is also essential to look past the immediate issue and follow it with a knee-jerk reaction. Instead, it is necessary to try and arrive at the underlying reasons and the long-term remedial measures so that such incidents can be altogether avoided in the future. On the surface, such incidents, may seem to be a result of a lack of commitment on the part of the teachers and hence an attitudinal problem with them. But if we will try and look even a bit deeper, we will ourselves realize the flaws in the above argument.

The number of teachers who have been identified to have made these errors is around 2300, which is by no means a small number. And this excludes the teachers who have made minor errors. I think it will be agreeable to all that such type of errors cannot be attributed to a lack of ability on the part of teachers. If that is ruled out, then next comes the question of their attitude towards work. I believe that 2300 is again a huge number to attribute the errors to the general careless attitude of the teachers. There is no reason to believe that such huge number of teachers would not take the work assigned to them seriously and hence end up committing such basic errors. What can then explain the situation?

It might be pertinent here to go to the root cause of the problem. Such an analysis will lead us to the long-present structural problems in our education system and the role of teachers within it. Time and again it has been highlighted that for the effectiveness of the teaching-learning process, it is essential that teachers are accorded their rightful place in the education system. Henry Giroux has very rightly advocated for teachers to be considered as ‘transformative intellectuals’. Yet, our education system treats them in the shabbiest of manners possible. They are considered as lowermost wrung of administrators whose job is to impart the prescribed curriculum, along with discharging the multifarious other administrative responsibilities thrust upon them. The trainings, if any, provided to them are abysmal. In such a scenario, the general motivation levels and a sense of pride in work cannot be expected to be particularly high.

In the abovementioned scenario, although one may agree that committing of the kind of errors that have been listed is not acceptable by qualified school teachers, however, the resolution of the problem, should avoid yielding to knee-jerk reactions and piece-meal solutions. Instead, attention needs to be focused on addressing the structural issues inherent in our education system. As much as it is the responsibility of teachers to perform their duties diligently, it as an equal responsibility of the system to ensure that they are able to do so, to the best of their abilities, by creating enabling conditions and infrastructure for them to do so. Anything short of this, is not going to yield any result.

Trans genders – The stigmatized gender

Suchitra Dey, formerly known as Hiranmey Dey, underwent a sex-reassignment surgery last year. She has an MA degree in Geography as well as in English and has also done her B.Ed. She teaches in a private school in Kolkata. In a recent interview, she talked to The Indian Express about her job interview experiences with some schools around Kolkata. Recounting her shocking experiences, she stated, “One of the interviewers at a well-known Kolkata school asked me to wear male outfits because all my mark sheets and certificates say that I am a man. In each of these interviews, I faced the worst kind of humiliation. The male principal of one of these schools asked me whether I can bear a child. He also asked me if my breasts are real. Would these questions be asked if I wasn’t a transgender woman?”

With a series of such harrowing experiences and no answers to her questions in sight, she filed a complaint with the West Bengal Human Rights Commission on June 11. In her written complaint, she wrote: “I couldn’t handle the humiliation anymore. The things I have been asked by authorities at “reputed” schools of Kolkata shows the kind of mindset people still hold about our community. If someone like me, who is educated and experienced, has to face this then imagine the plight of those who don’t have the opportunity to go to school, or the ones who have been ostracized.”

Just as a reminder to the readers here: the Supreme Court has, in 2014, lawfully recognized trans-genders as the third gender. However, we are sufficiently aware that such minor legalities do-not make a difference. No matter what the law says on paper, practically the realities of the lives of every Indian citizen are defined by the socio-economic milieu one is born in. Context, most often, determines the content of an individual’s life. It is an open secret that even after the abolition of untouchability with the enactment of the Constitution, the ground realities for the people belonging to the lowermost castes, who are also devoid of any political and economic clout, has hardly taken a turn for the better. Similarly, although recognition in law of the transgender community is itself a big step, however it is far too insufficient. If the promise of a dignified life for the transgender community has to be fulfilled, it requires massive transformation of the societal mindset.

Commonly, education is associated with bringing about positive changes in mindsets and in steering the society in a progressive direction. However, ironically, our education system either exists in isolation of the society or alternately is used as a political mouthpiece to steer the society in a direction that the political dispensation of the day desires. Apart from the above, the aims of education have been completely reduced to just instrumental and material aims. The meaning of education, as commonly understood today, is something that is required for getting a decent job and nothing more than that. The essential aims of education - to help an individual develop a sense of right and wrong, to enable and strengthen the faculties of critical thinking, introspection, decision-making, feelings of humaneness, empathy and a sense of responsibility towards one’s own actions and towards the world – have been diluted to such an extent that they have become non-existent.

In such a scenario, it is but apt that even those who claim to be well educated, and not only that, have been further endowed with the massive responsibility of educating others; should have such mindsets. The most unfortunate part, though, is that this repulsive state of affairs does-not bother enough members of the society, so that a societal change could be brought about.

The mandated voluntary use of Aadhaar

In an organizational structure, it is understood that two separate channels of communication exist. One is the formal channel of communication which follows the line of hierarchy of the organization. Second is the informal channel, in the popular parlance, termed as ‘grapevine’. As the name suggests, the formal channel is the established, legitimate and verifiable channel of communication. However, communications still mostly happen through the informal channel, and though not having the formal backing of the organizational structure, such communication is more relied upon, sought after and followed.

The above analogy holds good for the way the process of Aadhaar implementation has unfolded in India. As far as formal communication goes, Aadhaar has always been portrayed as being ‘voluntary’ in nature. However, the government has left no stone unturned in mandating its use if one wants to interact with the government using any existing interface of communication between itself, or even the private service providers, and the people. So while the apex court of the country is yet to decide on the legitimacy of government’s actions that have intended to make Aadhaar mandatory for availing of entitlements, the government has yet again conceptualized the new National Health Protection Scheme revolving around Aadhaar as the primary document to be relied upon in order to identify beneficiaries. Whereas provisions have been made for the use of other documents if Aadhaar is not available, however it is also provided that a time limit will be advised to the patient for registering with Aadhaar, and treatment without Aadhaar will be given only for the first time.

We have already been a witness to a number of policy induced deaths, wherein people have died of starvation as they have been refused their entitled ration in absence of valid Aadhaar number. This is despite the maintenance of the recurrent narrative by the government and the courts alike that Aadhaar cannot be made mandatory, especially for identifying beneficiaries in case of entitlements.

Herein comes the crucial role of ‘grapevine’. Despite mandating of Aadhaar being illegal, the government and its agencies have created such a strong informal communication channel that it has been made practically impossible to avoid Aadhaar registration. For instance, recently I shifted into a new rented accommodation. I was very casually informed that the system itself would not allow registration of the rent agreement if I did-not provide my Aadhaar number. Similarly, I was being heavily pressurized by my telecom operator, a private company, that it was mandatory for me to provide my Aadhaar details if I wanted my services to continue. In such cases it becomes irrelevant to argue on the legality of such actions as firstly, there is no hearing given to you and not even the slightest amount of energy is invested by the counterparty in understanding the facts of the situation. In the present times, no-one wants to be seen being on the wrong side of the government. Secondly, even if you maintain your stand steadfastly, then you would have to be ready to either forget about availing of the service in question or be ready to fight long court battles, which is not a very viable option for many. Much worse, however, is the condition of those whose daily existence depends on their entitlements. The state has proven that it does-not shed even a false tear for those who are losing their lives even in the process of having to prove their legitimacy as Indian citizens.

It is amply clear that even court directions and legalities are not a concern when the executive decides to have its way. There are numerous ways and means through which the intended actions are carried out, while at the same time paying lip-service when it comes to obeying the law, and hoodwinking it in the process. The implementation of Aadhaar has been a case in point, where, despite contrary court directions, reports of misuse, security threats, even deaths of common people, the government has continued on its mission to make its use universal and mandatory. The new National Health Protection Scheme, in spirit, follows the same trajectory.

Mob lynching – a convoluted form of justice

Mob lynching in the name of ‘gauraksha’ continues unabated throughout the nation, with two more ‘suspected cattle thieves’ lynched to death in Jharkhand. Following in the footsteps of the self-proclaimed cow protectors, certain other types of lynching have also been recently witnessed, with the latest being the beating to death of Nilotpal Das and Abhijit Nath in Assam, fearing misapprehensions of their being child traffickers amidst child trafficking rumors circulating on social media.

The lynching of the ‘suspected cattle thieves’ in Jharkhand followed allegations on them for stealing buffaloes from a village and sneaking out. The investigations are on to establish the veracity of the allegations.

In all such cases of mob violence leading to deaths, there are certain complex issues that need to be thoroughly understood and discussed.

Firstly, it is well-established that the foremost function of any state is to ensure the prevalence of law and order. This essentially means that the responsibility for administering justice in case of a violation of a law also lies only with the state and its legitimate institutions. Howsoever gruesome an alleged crime may appear and howsoever strong the instincts to take the law in one’s own hands in order to punish the alleged perpetrator of that crime, it still remains prohibited and an unlawful act. However, to take this argument a little further, it also becomes the responsibility of the state to induce confidence, among the citizens, towards its law and order machinery. This would essentially mean the strengthening of and just and fair working of the organs of the state, i.e., the Legislature, Executive and the Judiciary and the institutions like the police force etc. We need to closely look at the increase in the incidents of mob lynching, on extremely frivolous grounds, and understand the motivations behind the same. Such incidents cannot be brushed aside and taken in the stride, as they are a threat to the very idea of a civilized state.

Secondly, this is also the time to pay attention to another paradox. The alleged crimes for which these people are beaten to death, even if proved in a court of law, would have yielded much lesser sentences, going by the law of the land. Isn’t then the act of lynching itself much worse and much more illegal? Are namelessness, facelessness and societal sanction excuses enough to indulge in collective murder and infliction of a punishment that is much more than that prescribed in the law of the land? If not, then allowing such a state of affairs to continue is nothing but one of the biggest failures of the state.

Thirdly, in times when we have surrounded ourselves with gadgets and technology of all kinds, we need to take a moment and pause to understand the effects that these may be having on our individual minds and on the society as a whole. It is high time that we dissect and break down all the aspects of this increasing presence and effects of technology and social media, and prepare for the same.

Lastly, in the prevailing circumstances, it also becomes imperative to give a serious thought to the kind of society and culture that we would like to be a part of. India has always been a developing and growing economy and as yet has not found a place among the developed nations, economically. Yet, one aspect in which we have always prided ourselves and considered ourselves to be the leaders of the world, is the richness and the syncretic nature of our ancient civilization. We have worn our diversity and our harmonious co-existence despite this diversity, as a badge of honor. This is something that distinguishes us from the rest of the world and provides us our unique and enviable place among the comity of nations and the civilizations of this world.

Cows have as such never felt threatened in this civilization, for them to feel any need of protection, for this is the nation where they have been equated with mothers and worshipped accordingly. The sudden aggressiveness in the name of ‘cow protection’ anyway seems entirely unwarranted and unjustifiable. Such aggressive antics are solely attempts at polarizing the nation and trying to impose a culture on it that is completely against all its natural sensibilities. On the one hand where it is well-established that no individual or nation can continue to function against its natural sensibilities for a large amount of time, it is also essential to ensure that the road towards normalization of the state of affairs does not become so long that it loses all its meaning, for that road is essentially being built by the blood of numerous legitimate, equal and innocent citizens of this nation.