Electoral reforms need of the hour: Pratibha

April 15, 2012

Prathiba
New Delhi, April 15: President Pratibha Devisingh Patil considers preserving the secular, democratic, fabric of India among the difficult tasks facing the country today, the others being the challenges of achieving inclusive growth and curbing social problems such as corruption.

Ms. Patil, whose term ends in July, on Thursday shared with The Hindu her experiences as President and her views on what is required for nation-building.

She said it was imperative to usher in electoral reforms to maintain the country's secular and democratic characteristics. Education, women's empowerment and focus on moral values should be at the core of the reforms.

The interview ended before this reporter had a chance to ask the President about some of the specific challenges she has had to face during her tenure, such as handling of mercy petitions from prisoners on death row.

“Electoral reforms are needed. We have been conducting our elections very well, but we need to keep the elements of money and muscle out. We have to bring in reforms to remove the impurities that have crept into the system,” she said.

To maintain the secular fabric of the world's largest democracy, she said, different stakeholders needed to work with a deep sense of responsibility to see that our democracy remained “clean and healthy.”

“A good signal”

A former Governor of Rajasthan and seasoned politician, Ms. Patil said elected representation of women, especially at the grassroots, and their subsequent ascent to the top had “sent a good signal.”

Ms. Patil, who became the first woman President of the country in 2007, said she was hoping for consensus on the long-pending women's reservation Bill.

“Women's reservation Bill is already in Parliament…but it will be a happy moment if some consensus emerges. I won't say what, but some good formula should be arrived at. Let Parliament do its job, but I do hope they come up with something that is acceptable to all political parties.”

Looking back, she said her years at Rashtrapati Bhavan were “an experience.” “I have met so many people from a cross-section of society, school children who have shown bravery, women who have stood up against social problems like female foeticide, dowry and addiction. It has been an experience. There is a vast pool of talent in this country, there are people who are brave and have the guts to take a stand to face circumstances, there are people with great energy and we need to draw on this energy and talent for nation-building.”

Elaborating on the experiences drawn from her meetings and travels both inside and outside the country, Ms. Patil said: “I have seen people do social service without any self-interest. There are people who collect medicines for those who cannot afford them or used toys for the needy — these are the kind of activities that the youth should be encouraged to take up. There is a gap that needs to be filled and it can be done by people with a vision and a sense of social service.”

“My message to the youth is to strike a balance between consumerism and values. They have a lot of energy, they are better equipped than the previous generations, have better education, and they must bring about social change. Problems of dowry, addiction, female foeticide will not go away through laws and punishment, we need to change attitudes for eradicating these,” Ms. Patil said.

A lawyer, politician and sports enthusiast, Ms. Patil said that though women's participation in government, the judiciary and other public spheres had improved over the years, there was still need to build confidence and encourage involvement.

“I have seen a new confidence in the eyes of the women in rural areas, in the gram panchayats where women want to do something. The question is who is to empower them. There are schemes for women that need proper implementation, there should be education and information available to them,” she said.

Straightening the country's secular tenets and reverting to the ideology of Mahatma Gandhi, she said, should be part of nation-building.

“I feel very happy that we have carried forward our biggest, vibrant democracy, though there might have been difficulties, but it has been a smooth process. We have to keep intact our communal harmony and that would be our major achievement,” Ms. Patil said.

‘Values being ignored'

Access to quality education, health care and elimination of poverty, she pointed out, should be the goals that the policymakers and the future generations should focus on.

“We have enough schemes but we need to ensure that they reach the last person for whom they are intended. The youngsters need to focus on education and their vocations but they should also pay attention to social values imparted by our traditions, culture and the values preached by Mahatma Gandhi. There is growing consumerism in this country; we need the younger generation to understand human values. We have values of family, looking after ailing, ageing parents; there are traditions like Raksha Bandhan, where the brother promises to protect the interests of the sister; somewhere we feel these values are being ignored and getting diluted. That is another challenge we must face.”

Ms. Patil, who likes to walk around the Mughal Gardens on Rashtrapati Bhavan precincts in her free time and snatches moments to try her hand at her favourite sport, table tennis, wants to continue working for issues related to women and their empowerment after demitting office.

“During my walks around the Mughal Gardens I felt the need to do something to keep it [the estate] clean. That is when we thought of ‘Roshini' [a programme that is intended to make the estate a zero-waste zone] and self-help programmes for the women residents. There is so much to do, things need to be changed or kept properly…” she said, declining to comment on what have been the challenging moments, for her as President.

“There are many memories and memorable experiences, like preparing for a Sukhoi ride,” she said laughing, “but the challenges, I will talk about later.”

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News Network
April 25,2024

EVM.jpg

Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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News Network
April 17,2024

modiED.jpg

New Delhi: Searches conducted by the Enforcement Directorate (ED) under the anti-money laundering law rose by 86 times while arrests and attachment of assets jumped by around 25 times in the ten years since 2014 compared to the preceding nine-year period, according to official data.

An analysis of the data by PTI for the last ten years, between April 2014 and March 2024, against the nine years from July 2005 to March 2014 presents a picture of the federal agency's "intensified" action under various sections of the Prevention of Money Laundering Act (PMLA).

The PMLA was enacted in 2002 and implemented from July 1, 2005, to check serious crimes of tax evasion, generation of black money and money laundering.

While the opposition parties have alleged that the ED's action during the last decade was part of the BJP-led central government's "oppressive" tactics against its rivals and others, the Union government and the ruling party have asserted that the agency is independent and its investigations were purely based on merit and under the mandate to act against the corrupt.

The ED booked as many as 5,155 PMLA cases during the last ten years as compared to a total of 1,797 complaints or Enforcement Case Information Reports (ECIRs or FIRs) filed during the preceding period (2005-14), a jump of about three times, the data said.

The data shows that the agency also got its first conviction starting the 2014 fiscal and it has, till now, got 63 persons punished under the anti-money laundering law.

The ED conducted 7,264 searches or raids in money laundering cases across the country during the 2014-2024 period as compared to just 84 in the preceding period - a jump of 86 times.

It also arrested a total of 755 people during the last decade and attached assets worth Rs 1,21,618 crore as compared to 29 arrests and Rs 5,086.43 crore worth of attachments respectively during the last compared period, the data stated.

The arrests are 26 times more, while figures related to the attachment of properties are 24 times higher.

The agency issued 1,971 provisional attachment orders for various types of immovable and movable assets during the last decade as compared to 311 such orders taken out in the preceding comparable period.

It got about 84 per cent of the attachment orders confirmed from the Adjudicating Authority of the PMLA during 2014-24 as compared to 68 per cent confirmations from the same authority during the last compared period.

The filing of charge sheets also saw a jump of 12 times in the last decade with 1,281 prosecution complaints filed by it before courts as against 102 during the preceding period.

The data said the ED secured conviction orders in 36 cases from various courts leading to the prosecution of 63 persons and a total of 73 charge sheets were disposed of during the last decade.

No conviction was obtained by the agency nor any charge sheet was disposed of under the anti-money laundering law during the 2005-14 period, according to the statistics.

The agency also got the court's permission to confiscate assets (attached as proceeds of crime under the PMLA) worth Rs 15,710.96 crore and it also restituted properties (including bank funds) of Rs 16,404.19 crore (out of the total amount under confiscation) during the last decade.

As there were no convictions during the preceding nine-year period, no confiscation of assets and resultant restitution could take place, as per the data.

The ED is also empowered to seize cash under the PMLA and the data said the agency froze more than Rs 2,310 crore worth of Indian and foreign currency during the last ten years as compared to a figure of Rs 43 lakh during the preceding period.

The agency also got notified a total of 24 Interpol red notices for apprehension of various accused who left India and hid in foreign shores and sent 43 extradition requests during 2014-24.

No such action was taken by the agency during the preceding period.

Four persons were extradited to India during the last ten-year time period while similar orders were secured against businessmen Vijay Mallya, Nirav Modi and Sanjay Bhandari. The three are based in the UK and the ED is trying to bring them back to the country as all the accused are contesting the orders issued against them.

"These statistics reflect the intensive drive that the ED has undertaken to check money laundering crimes," an agency official said.

The ED investigates financial crimes under two criminal laws -- the Prevention of Money Laundering Act (PMLA) and the Fugitive Economic Offenders Act (FEOA) -- apart from the civil provisions of the Foreign Exchange Management Act (FEMA).

The FEOA was enacted by the Narendra Modi government in 2018 to cripple those who are charged with high-value economic frauds and abscond from the country to evade the law.

The ED, as per the data, filed a total of 19 such applications before the designated special PMLA courts in the country following which 12 persons have been declared fugitive economic offenders.

It also confiscated assets worth Rs 906 crore under the said law by the end of the last fiscal on March 31.

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