Saturday, September 26, 2015

PRIs or Guinea pig of Indian democracy?

    Historically  Haryana is a place of great importance of human civilization. Archaeological excavation at 'Rakhi Garhi' of Hisar district proved that the oldest Harappan Civilization has been flourished here. 'Mitathal' of Bhiwani district is the other important location of  Indus Valley Civilization or early Harappan Civilization. Agroha is another place of such development towards human civilization. Kurukshetra and the area towards west up to 48 'kos'  is believed to be center of Mahabharata where mythological war of truth and justice was fought between two brother's 'Pandvas and Kaurvas'. The remains existing in this area are believed by the people and historians that Haryana has been the land of Mahabharata. Thanesar was the capital of king 'Harshvardhan'. Since Haryana has been near the Delhi so this land witnessed great turmoils and war of historical importance that decided the fate of India from time to time. Earlier Muslim rulers of Turkistan and Arab origin invaded and plunder this area. Char Qutub Masjid situated in Hansi was founded by the ancestors of Sufi saints in sixth or seventh century. The tomb of only female ruler of Delhi Sulatnat 'Razia Sultan' (1236-1240)exist in Kaithal who was killed by Jats on October, 13,1240 that is the testimony of that this area has been undergone great acts of historical importance. Hisar was founded by Feroz Shah Tuglaq (1351-1388) in fourteen century. Battle of Taraori indicates that this land has witnessed the struggle between Mughals fought three battles at Panipat to gain supremacy and establish their rule in India. Hansi near Hisar was the center of military training under the 'Skinners' an Ireland military strategist during the early days of Queen's rule in India. In nutshell it may be said that Haryana is a land that witnessed great turmoil and struggle of power and seen growth and destruction of many regimes. All such happenings over the centuries in Haryana affected the common men in significant manner in their socio-economic standings and creating a mind set. Villages of Haryana has been influenced by the social hegemonic structure called 'Khaps' over a significant time period who used to deliver diktats and justice to common man. Today's Khaps are the rudimentary reflection of those social structures.  Haryana is a small state in the close vicinity of national capital. It took shape in the year 1966 after big brother separated it from the main Punjab as if brothers settle new houses after division of family. Haryana was given the most backward areas of Punjab where development of any kind was a dream and that was the main reason of its creation because leaders of that time thought that this land is eating the resources of Punjab. Agriculture was not developed as most of the land was rained. There was no significant availability of inputs needed for agriculture viz; improved seeds, irrigation facilities, newer and improved implements, fertilizers, plant protection measures and money to sustain the demand of agriculture. After its creation the subsequent governments and its people shown courage to fight all odds and within a small span of few years Haryana exhibited a remarkable leap in all fields of development. Every village was linked with roads and electricity was made available in each village. Network of minor irrigation was developed to make the payable and irrigation water up to the potential level. Hard work and fighting spirits of its people make the nation wonder during the era of 'green revolution'. And a new discussion starts in the country that small states could be vehicle of all-round development of humans in every walk of life. The area surrounding national capital convert into a new hub of industrialization. The rest of Haryana shown significant development in agriculture and reached the distinguished position of agriculture production and productivity. After independence new form of village administration at lower level established as in rest of India.73rd constitutional amendment in year 1991 provided the constitutional status to such panchayats and renamed and created a three tier system as Panchayati Raj Institutions (PRIs). 74th amendment provide and created such structures in urban areas and named as urban local bodies. First elections under new system were held in year 1994 in Haryana. Under superstructure of a national Act, states were empowered to incorporate rules and statutes based on local needs. Section 175 of the Haryana Panchayati Raj Act deals with qualifications of the members of these PRIs. Three children norm was inserted in the new Act for eligibility to contest election for these PRIs in 1994 and that provision was against the fundamental rights enumerated in Article 21 of the constitution. Many elected representatives has to bear the burnt of this unconstitutional insertion for three terms. Many of such ineligible members have to have adopt illegal and criminal modes to save their offices from disqualification. Supreme Court of India struck down this clause later on. Now elections to PRIs are
overdue in Haryana since July 2015. New government didn't bother to honor the constitutional obligation of conducting elections within prescribed limit on the flimsy ground that wardbandi and voter lists are not prepared in time. It's a lame excuse to render these constitutional bodies worthless and at the level of unimportant. There was ample time and scope to reorganize the wards and to prepare the voter lists. But deliberately no attention was paid to fulfill the obligation to Indian constitution. Instead of meeting the basic requirements for conduction of elections of PRIs, government brought an Ordinance to effect and alter the qualification for the candidates of PRIs in the month of August. Some aspirants for the election for PRIs challenged this Ordinance in Punjab &Haryana High Court. And court stayed the implementation of this new qualification criteria for PRIs. Instead of honoring the order of court, government shows haughtiness and belligerent attitude and introduced the amendments to Panchayati Raj Act in the recent session of State Legislature. Despite strong opposition from the masses and opposition political parties, government passed the amendments knowing the Ordinance in this regard has been  stayed by the court. Interestingly in the middle of night necessary concurrence of Governor was obtained and notification was got published in the same night to thwart the procedure and remedy available with the citizen to approach the courts. At the same time it raises question on the office of Governor and State Election Commission which are autonomous bodies and have constitutional status and suppose to behave and act in accordance with law. Government came forward with the plea that it believe in strong Panchayati Raj System where each and every member is well qualified to transact the business of PRIs. By this act of government most of the population of state rendered ineligible to contest the elections. On refusing to entertain the writ against  new amendments, Smt. Jagmati Sangwan, President All India Democratic Women's Association and few other aspirants challenged the new amendments in the Supreme Court stating that this new Act will render the 82% scheduled caste women, 72% General Caste women and 54% men ineligible for contesting the elections to PRIs. In the meantime election process reached the stage of filing of nominations when appeal came before court for hearing. Supreme Court stayed the operation of new amendments without stopping the process of election. State government instead of respecting the decision of court filed an appeal for early hearing and hired big advocates to defend its weak case. Government showed utter haughtiness and adamant attitude and ultimately the process itself got struck and this resulted into halting of elections those were already overdue since July, 2015. Election to PRIs are very prestigious to the  villagers and fought on tough pitch. Their stakes are very high and most of them are ready to invest all what they have in hand. Most of the candidates are awful struck in a situation of catch22. They can neither forego nor in a position to sustain the heavy demands of money. They are made to raise huge loans or sell their properties to contest these elections when new dates will be announced. Government spokespersons are out with armory of new justifications that they were not aware of such a low percent of people are eligible. They only relied on the slogan of previous government of 'Number1 Haryana'. They are not aware what a huge harm they are doing for the common men. Many of the aspirants will become bankrupt and the enmity between the groups of individuals will be more stronger as the process stretched too longer. For centuries, Haryana has been a battlefield for gain of power, hegemony and a media to conquer throne. Today also it's people were made to suffer for political gain on the cost of their democratic rights, respects and brotherhood. Is  Haryana a land of great civilization or a laboratory of experiments how to rule the state and its people are guinea pigs? 

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