governance, political economy, institutional development and economic regulation

Saintliness versus efficiency

BJP winner

The BJP can put India on auto-pilot over the next eighteen months and probably still win the next general election, principally because, things are going well and the combined opposition has still to acquire the characteristics – leadership, resolve and broad agreements – of credibility. This high probability of winning in 2019 should push the BJP to evolve strategies, rather than tactics, particularly for the economy.

The key decision – morality or results

The key decision is to choose between prioritising morality or efficiency. The former entails more public delivery, the latter more private enterprise. Going down the moral route, say “zero tolerance” for corruption, has severe consequences – continued economic dislocation over the next two years; losing out on economic growth and inhibiting the availability of jobs. In a largely informal, cash based economy, like India, putting anti-corruption first, requires the private sector to reorganise, become more efficient and profitable, other than, by just avoiding tax. Whilst this adjustment plays out, the state – despite it being more inefficient than private enterprise – would need to step in with an enhanced role. The moral choice puts us on the long route to efficiency, which could last, well into the second term of the government starting 2019.

Corruption has its uses

The “amoral” choice is to junk the fundamentalist approach to anti-corruption, fix one’s eyes on the objective of high growth and navigate the waters by feeling the stones underfoot, to avoid deep pools, where corruption and inefficiency, overlap the most. Some examples of such action are – sticking to a reasonable “real” interest rate rather than go for an artificially “low” interest rate. The latter may enhance investment. But it comes at the cost of possible future stressed assets via “gold plated” bank-financed projects. Similarly, choosing Direct Benefit Transfers rather than the physical provision of subsidised public goods of indifferent quality is another example, which reduces corruption and enhances efficiency. But, in many other cases, the choice is not so obvious.

Corruption can be functionally efficient. Consider the case of information asymmetries – shorn of jargon, this simply means that it is not easy to know how or why government acts in a certain manner – whilst awarding contracts; appointing employees or allowing its assets – like land, to be misused.

Democratising access to information

If I bribe an official to understand the politics around a pending economic decision, corruption ends up “democratising information”, which is what a perfectly “transparent” system would achieve in Norway or Sweden. Consider, that prisoners in Indian jails bribe guards, merely to get minimum sanitary and nutrition conditions. Turning a blind eye to such “corruption” is “amorally pragmatic” till prisons become more acceptably habitable. After all, prison is meant to reform not penalise prisoners through health hazards. Petty corruption is the common persons way of dealing with administrative inefficiency.

Morality tends to exclude private enterprise

So, why does morality and a “big” state go together? Consider a government, which is stuck with a poorly motivated; inadequately qualified and shoddily managed workforce. Suppose it chooses to bypass public inefficiency by outsourcing public service delivery to the private sector. How will they oversee the private provider? Poor drafting of agreements and enforcement of contractual obligations generates corruption or delays execution. This is what took the fizz out of the juggernaut of Public Private Partnerships. Why for instance, did Mr. Piyush Goyal, the minister of railways decide to call in the Army to repair the collapsed pedestrian over-bridge at Elphinstone Station, Mumbai? Could it be that, contracting private parties, on an emergency basis, inevitably has lags and creates opportunities for corruption? We saw a lot of this in the run-up to the Commonwealth Games, New Delhi in 2010.

Preferring to work in-house is the obvious safe, default option for an executive which is capable and willing to work 24X7. The downside is that extensive use of state enterprises crowds out the private sector, which is hard put to better the riskless cost of finance available to the public sector. If publicly managed service delivery is sustainable, there is no harm in that. But not every public leader is an efficient “saint” and public systems, set-up by them, revert quickly to the mean, once the leadership changes.

How many Saints do we have?

Saintliness, humility and frugality make great copy and attract votes. The problem lies in scaling up a system based on virtue and otherworldliness. It is not for nothing that the competitive spirit -so important for sustainable efficiency- springs from the basic “killer” instinct to be numero uno. Saintliness is also rigid in adapting to the world. Effectiveness – getting results on the ground,  requires flexibility in implementation.

“Jhooming” can’t generate shared growth

closed market

A tax system with high nominal tax rates, which is efficiently oppressive can reduce supply because producers and service providers will shut shop, rather than risk getting their personal assets forclosed. This is worse than a tax system, which is not completely evasion proof but encourages growth in value addition. Black money, in progressively, smaller doses over time is better than a clean but scorched economy. Unlike in nature, “jhooming” may not generate shared growth.

Also available at TOI Blogs November 15, 2017 https://blogs.timesofindia.indiatimes.com/opinion-india/saintliness-versus-efficiency/

The politics around “demonetisation” — a misused term for what happened on November 8, 2016 — has taken centerstage in the run-up to the Assembly elections in Himachal Pradesh (that voted yesterday) and Gujarat (which goes to the polls in December). Finance minister Arun Jaitley has added “morality” to the cluster of objectives, that seemingly justified compulsorily replacing 86 per cent of our currency with new notes over a short period of just two months last year.

Whose morality?

Morality is a slippery slope to tread in public affairs. It’s certainly an individual virtue, but at a societal level it’s difficult to define. Consider the moral conundrums that arise while enforcing a law which doesn’t have widespread local acceptance. Rebels with a cause see themselves as morally-elevated outliers. Not so long ago, our freedom fighters were feted for disrupting the peace, assassination or damaging public property. Even today in areas like Kashmir or the Maoist belt in central India, it’s tough to apportion the balance of morality between those who violate the law and others who seek to enforce it.

Our Constitution, quite properly, is silent about “morality”. A quasi-moral concept of “socialism” was introduced in 1976 into the preamble, by former PM Indira Gandhi, as a populist measure. But it sits incongruously with the otherwise liberal slant of the document.

Corruption is patently immoral as it saps national wealth. Measures to fight corruption are part of public dharma. The real issue is: was demonetisation essential to end corruption?

Demonetisation to identify counterfeit money like using a hammer to kill a bug

If the objective was to weed out counterfeit money, which can fund terrorism or even legal transactions, there was no need to impose a tight timeframe of two months. This is what caused widespread panic and disruption. It would have been enough to alert the public to the menace; provide markets (banks already have them) with testing devices to weed out “compromised” notes over time. This is an ongoing activity, that all central banks do routinely, because any note (besides crypto currencies) can be counterfeited.

Better policing can identify & capture the stocks of black cash

If the objective was to capture the stocks of “black” money, held as cash, in one fell swoop, this was better done by making known “havens” of “black” cash — apparently entire warehouses — unsafe for storage through effective enforcement, coupled with strong incentives to come clean. Note that “black” money hasn’t gone away.

Black money was generated even as the notes were being replaced

Demonetisation can do very little to stop generation of black money. The government knows this. It intends to use “big data” for surveillance of potential evaders; embed governance systems with enhanced oversight and enhance transparency. Only improved technology and perpetual, intensive oversight can starve this hydra.

Was it political?

Not least the timing of the move, just before the elections in Uttar Pradesh, India’s most populous state, which sends the largest number of members to the Rajya Sabha, where the BJP didn’t have a majority, could indicate the compulsion to play to the gallery. If this was the motive it worked very well politically — not least, because UP is a poor state with low governance indicators and high levels of inequality. Hitting the rich is a tested populist strategy, perfected by former PM Indira Gandhi, and still held dear by our antiquated Communist parties.

Would Gandhiji have approved?

But demonetisation doesn’t align with Mahatma Gandhi’s precept that “means matter as much as ends”. Hitting tangentially at corruption, at the cost of scorching even the law-abiding, is unacceptable. Anti-corruption measures which ignore the social and economic collateral cost of implementation are suspect. The State has an asymmetric, fiduciary relationship of trust with citizens. Did it live up to its dharma of insulating the honest from State-induced actions intended to harm the corrupt?

Some positives – nudged people towards digital and banked transactions

Undoubtedly, demonetisation did accelerate a shift towards banked transactions and boosted digital payments. Both outcomes are winners. But it’s also true that it put a temporary brake on economic growth by disrupting business and inducing job losses, mostly in the informal sector, where workers and the self-employed are less well paid, and less well-endowed to absorb the cost of a disruption.

Means matter as much as ends

Seemingly desirable steps to make the system honest can have grossly inequitable outcomes, which Gandhiji would have termed “immoral”. It’s possible to reduce corruption by replacing income-tax with a “head tax”. Citizens are more easily identifiable than their income, so very few would be able to escape this tax. If a “head tax” were to replace income-tax, each citizen would pay Rs 3,600 per year. But consider, for 40 per cent of the population, which is vulnerable to poverty, the head tax would be a minimum 12 per cent of even the poverty level income of $1.90 per day. Currently, even an income of Rs 10 lakhs (Rs 1 million), or 22 times the poverty level income, attracts a low effective tax rate. Protecting the weak is cumbersome. It creates tax escape routes, which need to be plugged with minimum collateral damage to the weak and the honest.

GST the first efficient, corruption buster

The good news is that the Narendra Modi government has got it bang-on with its second major corruption-busting initiative: the Goods and Services Tax (GST). Implemented from July 1, 2017, it has also disrupted business and compounded job losses, arising from the shutting down of businesses, which relied on the illegal competitive advantage of avoiding tax. GST is a potent standalone, medium-term winner. This expectation mitigates the interim economic “amorality” arising from the collateral harm to innocent workers and suppliers to such businesses. The proactivity of the GST Council in correcting mistakes and acknowledging errors has only deepened its credibility and conveyed a sense of responsible stewardship. This is welcome.

Compensate for the distress & dislocation

cashless

Demonetisation was misguided even if it had “moral” end-objectives. One-fifth of our population, which suffered the most, is in the income segment of Rs 50,000 to Rs 5 lakhs (0.5 million) per year, being workers and those self-employed in the informal sector. They have still not been compensated. Hopefully, the finance minister will apply some balm in his 2018-19 Budget and bring this tragic “morality play” to a happy end.

Adapted from the author’s opinion piece in The Asian Age, November 10, 2017 http://www.asianage.com/opinion/columnists/101117/end-morality-play-its-a-misfit-in-eco-policy.html#vuukle-emotevuukle_div

Jaitley lobs

What was Finance Minister, Arun Jaitley’s press conference on Tuesday all about anyway? If the intention was to gain eyeballs, it succeeded. But if it was to allay fears about the Indian economy, it failed. Here is why.

Misguided choice of communication medium

First, the optics were all wrong. The finance minister had just returned from the annual meetings of the International Monetary Fund and the World Bank in Washington. The timing required talking up the economy in a more artful way, drawing on international trends, in rethinking the role of the State in development. Instead, the assembled press corps got drab statistics. The naysayers remain unconvinced that the economy is doing fine. Presenting alternative indicators — other than those already in the public domain — could have helped. For example, the government has reduced risk by conferring residency tax benefits for local administrative offices of multinational companies. Similarly, GST revenue is marginally more than the targets for the first quarter.

Recycled “kosher” ideas for fudging data on the fiscal deficit

Second, the key “announcement” was a proposed outlay of `2.1 trillion for recapitalising public sector banks over two years. This was presented as a “bold” step. But how is it going to be achieved without relaxing the fiscal deficit target of 3.2 per cent of GDP this year and 3 percent next year? The budgeted outlay, for capital support to publicly-owned banks is just Rs 200 billion till FY 2019. Where will the “additional” resources come from? The how and when remains a mystery – though speculation, some of it inspired by the views of Chief Economic Adviser, Arvind Subramanian, abound.

FM Jaitley unhappy at being trapped

The finance ministry has a long, credible tradition of technical expertise. The Prime Minister can get away with making generic promises, as he has done in Gujarat, of a tax amnesty for small business, for past misdeeds. But finance ministers are required to be very precise. They can’t waffle. They must not seem to be led by advice, whispered into their ears, while a press conference is on. This, unfairly, makes the finance minister look feeble, or worse, being led by the nose.

arvind subramanian and jaitley

Mr Jaitley fell squarely into these traps. To his credit, he looked decidedly unhappy and uncomfortable while doing so. It is inconceivable that this media jamboree was his idea. Just back from Washington, where “best fit” fiscal practices are the main discourse, resorting to fuzzy announcements, which create high expectations and uncertainty, is not par for the course.

It’s the politics stupid

So what explains Mr Jaitley going down this route? After all, the Budget is just three months away. The sanctity of placing new budgetary proposals before Parliament, prior to revealing them to the public, is a sound convention. The only explanation is that the press meet was convened to boost the feel-good factor prior to the Himachal Pradesh and Gujarat elections, due over the next two months. Recapitalising banks sounds good. Building infrastructure sounds even better. If this was the intention, Mr Jaitley was right to look uncomfortable. Nothing stops the Union government from doing its job, even as state elections are being held. But a red line must be drawn at presenting significant new fiscal proposals, that are not already embedded in the existing fiscal roadmap.

Stick to your instincts Finance Minister

Mr Jaitley’s instincts remain sound. He will try hard not to breach the fiscal deficit target. He will resist reducing the capital outlay. He must also resist forcing cash-rich, listed publicly-owned companies to subscribe to the special recapitalisation bonds proposed to be floated by public sector banks. Listed, publicly-owned companies must be managed by their boards, and insulated from politics, at least with respect to their investments. Anything else is very unfair for the minority shareholders and the Securities and Exchange Board of India is duty-bound to resist such moves — however bizarre that may sound!

Deepen equity divestment in publicly owned banks & companies

Generating Rs 580 billion by selling-off government equity held in excess of 51 per cent in banks is a good idea for a start. A better idea is to dilute government equity even further to 26 per cent without relinquishing effective control. The government does not need more equity to ensure that the public interest continues to be served. We must resolve the legal obstacles which prevent such dilution of equity.Using disinvestment proceeds to inject public finance into private companies, which create growth and jobs, is a great idea. But doing so via the chosen long route of public sector bank recapitalisation is worrisome. Unless management systems are restructured, politicised loans and NPAs will persist. This cannot be achieved by 2019.

Use equity divestment proceeds to refinance private NBFCs for MSME business

What can be done is to use disinvestment resources to refinance private banks and non-banking finance companies, who in turn finance end-use borrowers, including small and medium enterprises (SME), to scale up operations. The unmet financing needs of SMEs are estimated at Rs 65 billion. But this could be an underestimate, not least because of their widespread use of cash or unbanked transactions. The share of manufacturing SMEs in GDP is seven per cent, or just under 50 per cent of total manufacturing GDP. Their most immediate financing need is to discount their invoices and thereby reduce the 60-to-90-day payment cycle which saps their cash reserves.

Scale up private, boutique, supply-chain finance providers

Private specialised companies offering boutique supply-chain financing already exist. The largest is reputed to be the New Delhi-based Priority Vendors Technologies Pvt Ltd. founded by Kunal Agarwal in 2015 (http://www.priorityvendor.com)But these early entrants tend to finance only the payables and receivables of large, star-rated corporates who buy from, or sell goods and services to, smaller ancillary firms. There are 5,000 large corporates. Compare this with 1.6 million registered SMEs.

We have barely scratched the surface of the potential for supply-chain financing. Saturation levels of financing can alleviate the cash crunch, at the firm level, caused by the GST regime of advance tax payments coupled with the delays, in “matching” tax credits, earned on purchases, before they can be used by firms, to pay taxes.

Jaitley ground strokes

India is replete with good ideas. The finance minister could have unleashed an array of nimble steps, which can lubricate the economy, reduce risk and create jobs. But, by not grounding Tuesday’s press meet around a friendly conversation about the nitty-gritty of unleashing private potential and mitigating the hardships arising out of GST, this opportunity was lost. There will surely be another time. But will we be prepared by then to grasp the tide at its flood?

Adapted from the authors article in The Asian Age, October 26, 2017 http://www.asianage.com/opinion/columnists/261017/wheres-the-big-idea-fm-got-optics-wrong.html

xi-jinping

Prime Minister Modi and scores of democratically elected leaders, must envy Xi Jinping the President and “uncrowned emperor” of China. The serried rows of compliant and attentive members of the People’s Congress, seated, as if pinned, to identical red upholstery; displaying endless patience through Xi’s three and a half hour over-long, speech, without once dozing off or interrupting with a “point of order”. All this must seem like a dream to our leaders, used as they are, to rambunctious legislatures, more eager to speak- often all together – than to listen.

China shines

china2

Clearly, China has something to be chuffed about. Its model of socialism with “Chinese characteristics” cut away the romantic nonsense of socialist collectivism and recognizes that private enterprise and (less strongly) markets, create wealth, rather than good intentioned, tight, public-sector management. By combining private enterprise with a strong government and political stability, the Chinese model borrows the best from different ideologies. China gets an A for creating national wealth and for distributing it – poverty was down to just 2 percent in 2014 versus 21.2 percent in India (per World Bank definition $1.9 PPP (2011) per person per day).

But a more benign social policy beckons 

dissent

But the jury is out on whether an authoritarian State can nurture citizen centric growth. How long can the iron hand of the Chinese Communist Party (CCP) continue to rule China absolutely? Will the Chinese middle class not replicate the autonomy and democracy movement of Hong Kong? These are current concerns. This much is evident, from the new Xi doctrine, spelt out on October 18 in Beijing, which espouses that the CCP must provide for the “happiness” of citizens;  remain closely in touch with their aspirations and monitor citizens perceptions better.

Bhutan: Democratising for happiness

king

China’s tiny, neighbor, Bhutan could teach China a lesson or two on whether “happiness” mixes well with absolutism. King Jigme Singye Wangchuck voluntarily abdicated in 2006, in the hope, that this would help Bhutan evolve into a modern, egalitarian, democratic country, whilst retaining its trade mark of happiness. The Bhutan constitutional monarchy is revered, like the British monarchy, which is widely respected and admired.

Wealth alone does not breed content

The Chinese quest for a prosperous, satisfied and happy populace living under the hegemony and parental control of the CCP, is self-defeating. The spirit of liberty and competition is not divisible. A market led economy cannot be sustained under monopolized political power. Where markets rule, they drive the political process. Where the State rules it drives business. Innovation does not thrive in eco-systems, where the freedom of thought is absent. China is much admired as the factory of the world. But it has grown because worker rights do not exist, access to legal rights is limited and public interest is expected to mirror the CCPs interest.

India and China: different strokes

Unlike China, India is determinedly heterogenous and multi-party. It lends itself to decentralized, democratic governance. It is tempting to infer, therefore, that India illustrates the value of democracy even in a poor, developing country.  The recent Pew survey showed that 85 percent of Indians trust the government, even though, 40 percent of the population is vulnerable to poverty; governments have been negligent in providing public services and human development indicators are worse than in sub-Saharan Africa. But, disturbingly, the very same Pew Survey also shows that 55 percent of citizens are comfortable with a more autocratic, “strong” government.

Nationalism rules

This swing towards authoritarian governments is not isolated to India. It is an international trend in reaction to the economic limitations of the open economy, liberal, democratic model for development, particularly with respect to containing growing inequality. It is not surprising, therefore, that President Xi Jinping should advise developing countries to look closely at the Chinese model, which comes with dollops of loan assistance, as an alternative to the more standard western model of development, advocated by the Multilateral Financial Institutions.

The country cousins meet

Xi and Modi

Prime Minister Modi was not just sharing dhoklas with President Xi in Ahmedabad way back in September 2014. There seems to have been a meeting of minds there. Like Modi’s vision of modernity, rooted in tradition, the Xi doctrine, also evokes the five thousand old civilization of China. Both leaders focus heavily on external and domestic threats to security. Both advocate much stronger oversight of the media, the internet and educational institutions, to regulate disruptive dissent. Like Xi, Prime Minister Modi has used the first three years to implement structural reforms. His high decibel war on corruption is expected to minimize the financial “fire power” of the mafia; bridle political opposition and improve public sector outcomes. Implementation of the long-delayed Goods and Services tax (GST) shall, like Bollywood, bind us more tightly and provide incentives to integrate further. Regions which are seamlessly connected for commerce tend to remain together. Like Xi, Modi views infrastructure as a “glue”. For Xi it is a glue to foster Chinese hegemony over its near abroad. For Modi it is a “glue” to bind the nation.

The Xi doctrine seeks to realize the ”China Dream” – a vision of a prosperous, environmentally clean country at the center of the world, contributing positively to mankind, by 2049 – the centenary of the founding of the Republic of China. There will be much to learn from China. There are two immediate take-aways. First, that it is futile to copy the political systems of other countries mindlessly. Second, that even authoritarian governments need to listen to the people.

lagislature

Indira Gandhi, turned away from absolutism and towards democracy, in 1977, by choosing to call for elections. This ended the two-year old national emergency. She gained personally and politically from this astute move. But it took an entire decade, till 1991, for the democratic apparatus to be used effectively, in public interest. We have not looked back since. India’s political architecture is finely tuned to the risk averse nature of its citizens. It charts the middle path to progress and shuns extreme options.

China will do well to study this option closely, as it seeks to move center stage in world affairs and looks for domestic pathways, to transform from being a single minded, ruthlessly efficient, economic, power-house to a house, fostering happy Chinese.

Also available at https://blogs.timesofindia.indiatimes.com/opinion-india/xi-and-modi-joined-at-the-hip/

Rajesh and Nupur Talwar were having an impromptu pre-birthday celebration for their daughter Aarushi, at their Noida residence on the evening of May 15, 2008. Their live-in, trusted house-help Hemraj was about, as usual. Some time before 6 am the next day, both Aarushi and Hemraj were dead — the victims of horrific violence inside the house. The Talwars say Hemraj killed Aarushi, but ascribe no motive for him to have done that. Also, they have no idea who killed Hemraj, or where. His bloodied body was found on the terrace, which was locked from outside. The key to it was never found.

Changing investigation agencies adds to the confusion on the ground

On May 23, 2008, the Uttar Pradesh police arrested Rajesh Talwar on suspicion of being the prime accused in the double murder. Unhappy with the way the UP police was conducting the investigation, the Talwars petitioned for the case to be transferred to the Central Bureau of Investigation. Policing is a state subject under the Constitution. Unless the state government agrees, the CBI has no jurisdiction in such cases. But then UP chief minister Mayawati had no hesitation in letting the CBI carry the ball forward.

The CBI steps in…but shambolic investigations continue

By May 31, 2008 the CBI was officially in charge. By July 11, 2008, the CBI filed a report in the designated CBI court that there was insufficient evidence against Rajesh Talwar, who was consequently released on bail. The next three years were spent trying to find out who did it. Over this period four different investigating officers handled the case. Finally, A.G.L. Kaul, DSP, filed a closure report on January 1, 2011, citing the lack of any conclusive evidence to indict anybody.

CBI court starts proceedings against the Talwars suo motto

To their credit, the Talwars contested the finding and urged further investigations. The CBI court decided to proceed with the case. But it summoned the Talwars as the accused. Courts do have this power. But more usually, this happens when the police seems dilatory in lodging a first information report, not when a closure report has been filed by the police after investigations. The Talwars, possibly shaken by being named as the accused, moved the Supreme Court for relief. But their petition was dismissed. The outcome, two years later, on November 25-26, 2013 was that the Talwars were convicted by a CBI court for the double murders.

Allahabad High Court strikes down the conviction due to insufficient evidence

The Talwars appealed against these convictions. The Allahabad high court has, on October 12, 2017, ruled in favour of the Talwars. It held that the lower court had erred in considering the chain of circumstantial evidence adduced as being conclusive since multiple conclusions could be drawn from the same facts. This is only temporary relief for the Talwars. The CBI has 90 days to appeal to the Supreme Court. But the CBI also has a credibility issue, particularly within the Supreme Court. In 2013 the CBI was described, by a justice of the Supreme Court as a “caged parrot” of the government of the day.

The legal battle may not be over

In our topsy-turvy, anything-is-possible, adversarial, judicial system, the better argued case inevitably wins. It seems a one-sided battle. The Talwars will fight for their continued liberty, the restoration of normalcy and social standing. The CBI will fight to improve its record of convictions and to show that crime does not pay. Sadly, no one is fighting for Hemraj or for the wife and kids he left behind. As for 13-year-old Aarushi, it is difficult to say how she may have wanted things to pan out.

Too many questions, not enough answers

But with shoddy initial investigations and doubtful evidence, that has already been questioned exhaustively in the high court’s order, what another appeal will achieve remains unclear. Once the investigation is compromised the benefit of doubt doctrine ensures that the criminals walk free. Consider, even the weapons used for the murders remain unidentified – a golf club, a khukri, surgical scalpels, a hammer have all been mentioned as possibilities. The motive for murder remains unestablished. It is not even conclusive whether the flat was  locked from inside or not – this is important because it either points the finger of suspicion on the Talwars or opens up the possibility of others being involved. Aarushi’s phone was found and returned some days later by a colony maid. It had been wiped clean of all data. Who took it, wiped it clean and then tossed it aside in the colony? Too many loose ends remain uninvestigated, And what about Aarushi’s new camera – presented to her on the night of the murder? Was it also clean of evidence? Who killed Hemraj? Why and where? There are no evidenced answers.

Poor institutional arrangements for bringing criminals to justice

It is also tragic that despite transferring the case from the allegedly, bumbling UP police — supposedly, more familiar with law and order rather than tricky, crime investigations — to the more savvy and efficient CBI, the results are so pathetic. Justice for Hemraj and Aarushi remains elusive even a decade after.

To be fair to the CBI, conventional crime is not its core mandate. Investigation of economic offences and corruption is its forte. Since 2008, terror-related crime investigations have already been hived off to the new National Investigation Agency (NIA), which can, seamlessly, also deal with crime having national consequences or cross-state crime networks.

Conventional crime is usually dealt by the state police. The deleterious trend of frequent transfer of cases to the CBI dates to the early 1980s. It enables forum shopping, scratch my back bargains and politicisation. It also discourages state police forces from developing their expertise and practices for investigating and prosecuting crime.

The double murder does not qualify for the CBI’s attention. Delhi records 598 murders and Uttar Pradesh 4,860 murders per year. The Aarushi-Hemraj case, however horrific, is a personal tragedy of only two families. The public outcomes are negligible. Its investigation could have remained with the UP police. Transferring the case to the CBI has only muddied things at the field level and encouraged finger-pointing. The then director of the CBI had this to say, in 2014, as part of a tribute to the untimely demise of A.G.L. Kaul, SP, CBI, the last investigating officer: “Despite the many lacunae and loopholes, due to the fact that the case had been handled initially by the UP Police, (Kaul) was able to obtain a conviction.”

Doubtful if India can be policed well from Delhi

Till recently, there was a tendency to centralise financial and administrative resources in the Union government on the grounds of higher efficiency and rectitude. This is self-defeating. The surest way of retaining power is to distribute it to where it can best be administered. The CBI must be honed to do its primary task — bringing moneyed crooks to justice.

Central police organisations are hopelessly outdated in their staffing pattern, skills and equipment. They need knowledge and technology to collect intelligence, investigate and prosecute. Boots on the ground look great in the Republic Day parade. But they are costly and ineffective in tackling 21st century criminals. Leaner, officer-oriented, specialised and mobile security agencies are really the way to go.

Adapted from the author’s article in The Asian Age October 17, 2017 http://www.asianage.com/opinion/columnists/171017/sloppy-cbi-police-work-gives-a-licence-to-kill.html

SupremeCourtPhotos(47)

Managing winter smog in the National Capital Region (NCR) has occupied the Supreme Court since 2015. Three interim orders — in November 2016, September 2017 and October 2017— each of which changes the status quo, imposing commercial costs, illustrate the limitations of the judicial approach while balancing commercial interests with public health concerns.

Joined at the hip

joined at the hip

Delhi and Sivakasi, 2,650 km away in Tamil Nadu, are symbiotically joined. Sivakasi produces three-fourths of India’s firecrackers. Delhi and its surrounding areas are the prime consumers. Consider that 40 per cent of 610 permanent licensees for selling firecrackers are located here. Delhi also licences 968 temporary fireworks retailers. The NCR’s stock of fireworks is estimated at 6,000 metric tons — enough to fill 600 trucks.

CPCB plays truant

The reason why a substantive decision on the sale of firecrackers remains elusive is that the Central Pollution Control Board (CPCB) has failed to define the permissible ingredients for firecrackers and their volumes thereof. Without a standard regulating manufacture, the task of optimising across public health concerns; preserving employment and nurturing business potential becomes, at best, an approximation with avoidable costs. Only blunt options like banning the sale of firecrackers present themselves. The actual public health benefit of such measures is uncertain. But irreparable harm to businesses and distress to workers is certain.

At the very beginning…

Back in November 2016, during the Diwali season, Delhi was enveloped in smog. CPCB air quality reports indicated that in 2015 and 2016, the level of pollution had spiked during and after Diwali. Pitampura, a densely populated area in Delhi, suffered an increase of pollution by four times in 2015 and more than 10 times in 2016. Dealing with an emergency, the Supreme Court suspended all licences for the sale of firecrackers in the NCR on November 11, 2016. It also directed the CPCB to submit, within three months, a comprehensive report on the air pollution impacts of bursting firecrackers. The implied strategy was clear. Take stern action in keeping with the magnitude of the crisis and incentivise manufacturers and sellers of fireworks to negotiate with the government for setting standards. Since Diwali was already over, the commercial dislocation caused by the order was minimal.

The CPCB has yet to submit the report due on January 11, 2017, on the air pollution impact. Meanwhile, prohibitions on using antimony, lithium, mercury, arsenic and lead compounds were imposed piecemeal by the Supreme Court on July 31, 2017 and on strontium chromate on September 13, 2017. The court is clearly working hard despite executive intransigence.

And more recently…

Gearing up for the festival season in 2017, the Sivakasi manufacturers and suppliers requested the Supreme Court on July 5, 2017 for a modification of the suspension of permanent licenses.

The Supreme Court recognised the harm being caused to 300,000 livelihoods, despite the absence of any proven link between the bursting of firecrackers and hazardous air pollution.

The National Green Tribunal has listed seven sources of air pollution in NCR. Firecrackers are not one of them. A January 2016 IIT Kanpur report had also not listed firecrackers as among the major sources of air pollution in Delhi.

On September 13, 2017, the Supreme Court allowed a partial lifting of the suspended licences, to enable the accumulated stock of fireworks to be sold in NCR or to be transferred out. To avoid any reoccurrence of a fait accompli, it directed no more fireworks should be transported into the NCR. More significantly, it directed that the number of temporary licences in NCR be halved in 2017, and both permanent and temporary licences further halved in 2018. Taking a cue from the 1999 experience in defining noise pollution standards for firecrackers, it constituted a multi-stakeholder, technical committee chaired by the CPCB to report on the impact of bursting firecrackers on air quality. By all accounts this was a fair and forward-looking order mitigating the commercial harm caused by regulatory uncertainty while seeking to reduce the public health impact.

The puzzling about turn

Inexplicably, on October 9, a three-judge Supreme Court bench put the September 2017 order in abeyance till November 1. The intention was clearly to postpone the restitution of sale till after Diwali, thereby nullifying the positive commercial benefits. The court invoked the “precautionary principle” in the public interest. This principle advocates abundant caution if the potential for irreparable harm exists. Thereby, the significant, negative commercial impact of the order simply became inevitable collateral damage.

Regulating better is possible

Could the regulatory process have been managed better? First, it goes without saying, that this is yet another instance of the government purposefully abdicating politically sensitive, inconvenient regulatory ground. Commercial uncertainty and public health costs are bound to escalate when this happens.

Strong action effective only if sustained

CJI Thakur2

Second, could the Supreme Court have been more consistent? Yes, it could have limited its initial intervention in 2016 to simply nudge the executive to introduce safe manufacturing standards, including by using back channels for the purpose. Possibly, its strained relationship with the government during this period, over the judicial appointments issues, may have constrained it from using this practical tactic to resolve the problem.

Optionally, the court could have issued a nuanced order, suspending temporary licenses in NCR to restrict retail sale; allowing permanent licenses to continue, but at a progressively decreasing scale and directing the executive to limit the bursting of firecrackers to collective displays at pre-designated sites. This would have reduced the quantum of firecrackers burst; minimised the commercial harm and preserved the incentive for firecracker manufacturers to actively pursue formulation of safe manufacturing standards. Despite the storm in the social media decrying the  encroachment of Hindu religious rights by limiting firecrackers, the public is in favour of clean air and a cleaner India.

Green “bangers” anyone? 

bamboo

Finally, the court could have explored the manufacture of “green” firecrackers. Before gunpowder was invented in the 10th century, the Chinese made them by heating bamboo. Northeast India is resplendent with bamboo, just waiting to be used. China might also be happy to modernise this sustainable technology and commercialise it under the Make in India initiative. Green “bangers” can preserve the thrill of Diwali, only minus the smog.

Adapted from the authors article in The Asian Age October 12, 2017 http://www.asianage.com/opinion/columnists/121017/costly-flip-flops-over-ban-on-firecrackers.html

India diwali night

Poor or profligate households are often forced to borrow for meeting current expenditure. But most borrowers ensure that they are able to fund the interest payable from current income. Not so the Government of India. In fiscal 2016-17, interest payments on government loans amounted to Rs 4.8 trillion. The government had to borrow Rs 1.4 trillion (effective revenue deficit) to meet its interest payments.

Non merit subsidies compress the fiscal space

The reason government ran short, is that it spent Rs 2.3 trillion to reduce the cost of fertilizers for farmers; supply cheap cereals to the poor and reduce the price of cooking gas and kerosene. This income transfer mechanism is leaky – it benefits many more than just the poorest; it is expensive to administer; and it leads to the environmentally disastrous overuse of fertilizer by a few farmers with assured irrigation, as in Punjab and Haryana; encourages profligate use of cooking gas and adulteration of diesel with kerosene.

FM Jaitley – a fierce, fiscal Ayatollah

Jaitley ayatollah

To be fair, Finance Minister Jaitley, has leashed subsidies since 2015-16. In 2017-18 subsidy, on these three accounts, is budgeted only marginally higher than the previous year. But, interest payments are budgeted to increase to Rs 5.2 trillion, even as the net borrowing is budgeted to decrease to Rs 1.26 trillion. Reduced borrowing is unlikely. Significantly lower than anticipated growth and lower inflation will depress nominal revenues and increase the need for loans.

But politics beckons

BJP politics

The launch, by Prime Minister Modi, of a scheme this week to connect the estimated 16% households (40 million out of 248 million) who live sans electricity, will be welcomed by the beneficiaries. But the fiscal implications are worrisome.

Two options exist. Either connect these households by distributed solar power or extend the distribution grid into their homes. Of the two, renewable supply is a better option.  It requires capital expenditure to buy equipment. But the recurrent cost on maintenance is minimal, at least for the first three years, till the battery is replaced. Of course, this is not an option if solar intensity is low; rooftops are not available or if the maintenance supply chain is dodgy.

Renewable energy micro-grids – a sustainable option

Micro grid

Some of these downsides can be met by opting for renewable energy micro grids, managed by a private franchisee. This model is used in several states, including Bihar, with which R.K. Singh, the new minister for power, is familiar. The franchisee can make a profit, even where the utility cannot, because distribution line-loss, which on average is 20%, is minimized; private workers cost less and work more than public sector workers and the renewable capital cost is subsidized.

What customers prefer is to be connected to a grid, managed by the distribution utility. This assures them that as their needs ramp up, they would get better supply on demand. The problem is of asymmetric expectations. Distribution utilities do not want more low value, domestic customers because subsidy compensation from state governments are patchy and there is no profit to be made.

Grid power – burdened by past indiscretions

Of the 41 distribution utilities, assessed by ICRA/CARE for Power Finance Corporation in 2017, as many as 22 or more than 50%, ranked below average due to unsatisfactory financials. Expectedly, most, though not all, are in the poorer states of Uttar Pradesh, Bihar, Jharkhand, Madhya Pradesh and Rajasthan, where the share of industrial and commercial load is low.  Industry pays double of what it costs to service them whilst farmers and small domestic users pay, either nothing at all, or just a fraction of what it costs to service them. High electricity prices for industry and commercial users is one reason why business flounders or opts instead for self-owned oil based generation. This is a triple whammy for Make in India; energy security and environmental sustainability. Map the highest electricity supply rates for industry across states and you will have a map of de-industrialized India.

Last year, under the Uday Scheme, 16 distribution utilities transferred debts exceeding Rs 2 trillion to their state governments. These debts had funded their annual revenue loss. Going forward state governments are to compensate the loss of distribution utilities. Increasing the number of poor customers significantly will either deteriorate utility finances or stress state government budgets.

Being stingy with current expenditure is virtuous

Electricity is different from telecom. Each additional customer comes with significant marginal cost. Nearly two thirds of the cost of supply is the cost of fuel; metering, billing and collecting; installing and operating transformers to step down electricity supply to domestic use voltage levels and wires to connect with the customer. These add to the cost and the potential for theft. All this is neatly sidestepped in mobile telephony, by just topping up your pre-paid SIM. Pre-paid meters are possible in electricity too but they are too expensive for small users and susceptible to tampering.

Union government finances are under threat in fiscal 2017-18. State governments also risk overshooting their fiscal deficit targets. Limiting current expenditure to the revenue available is an urgent, near-term objective. This is best done by deepening the Finance Minister’s stance of freezing subsidies at nominal levels, within the existing envelop. Dovetailing the renewable power generation program with the target of lighting every home by Deepawali 2018, is a sustainable and “best fit” option.

Also available at https://blogs.timesofindia.indiatimes.com/opinion-india/lighting-for-all-by-deepawali-2018/

jaitley make believe

All governments game their performance metrics. Smart governments guard against falling for the make-believe themselves. The BJP stumbled in believing that India had earned an entitlement to grow, faster than China, at eight per cent per year. Well-intentioned measures — to end black money, resolve the stressed bank loans and reform indirect taxes added to the crowded agenda and disrupted entrenched business interests. Growth was bound to suffer because India depends significantly on private entrepreneurship and capital.

Look for low hanging fruit

The government does not have the luxury to cry over spilt milk. It needs to keep delivering public services. Implementing structural reforms — making labour markets less rigid, reducing the regulatory overburden on business and improving poor infrastructure, cannot be done within this year. We must, instead, look for the low-hanging fruit to maintain macro-economic stability this year in the hope of higher, even possibly eight per cent growth, in 2018-19.

Depreciate the INR to real levels to boost exports

suresh prabhu 2

Suresh Prabhu, the new minister for commerce, just days into his job, is already evaluating possible incentives to kickstart export growth, which has languished since 2014. Realigning the Indian rupee to more realistic levels could be his best bet. INR was at Rs 63.90 per US dollar four years ago, in September 2013. Since then higher inflation in India versus the United States has eroded the real value of the rupee. The overvalued INR not only makes exports uncompetitive, it also makes imports cheap, which hurts domestic manufacturing, constrains new investment, inhibits growth and job creation.

Low inflation & oil prices mitigate the risk of imported inflation

Of course, there are negative consequences of depreciating the rupee. A weaker INR and a higher than targeted fiscal deficit might induce a flight of foreign, hot money, anticipating higher inflation. But with inflation at historically low levels — the consumer price index below two per cent — and oil prices relatively stable, high inflation does not appear to be a near-term risk. More important, any slack due to the flight of foreign hot money can be mitigated by domestic investors with idle savings, desperately in search for rewarding investments. A cheaper rupee also has the virtue of discouraging gold imports, which have surged in recent months, by making gold more expensive, relative to the returns on financial investments.

Imported oil and defence purchases will become more expensive

Another downside is that depreciating the rupee by nine per cent makes oil imports, consumed domestically, more expensive by around Rs 30,000 crores. Allowing this additional expense to pass through to retail prices can spur inflation. This means reducing the royalties, taxes and cess on petroleum.

Low growth will also reduce tax revenues

Also with slower GDP growth, the increase in the aggregate tax revenue will be lower. Growth was budgeted at 11.75 per cent (7.5 per cent real growth and 4.25 per cent inflation). The actual nominal growth may not exceed nine per cent (six per cent real growth and three per cent inflation). The shortfall against the target would be of around Rs 30,000 crores. This makes the total revenue shortfall around Rs 60,000 crores.

Wisely, GST glitches already factored into the budget

An additional uncertainty this year is that the Goods and Services Tax might reduce the net tax levels due to the new facility of netting-off taxes paid on inputs. This has caused a flutter in the first two month of July and August with 65 per cent of the GST revenue recorded being set off against input tax credit on pre-GST stock of goods. But fortunately, this possibility had been anticipated and factored into the rather conservatively targeted increase of 6.9 per cent for excise and service tax, whereas customs and income-tax revenue were budgeted to grow by 11 per cent and 20 per cent respectively over the previous year’s collections.  Consequently, the risk of GST collecting less than the targeted amount is minimal.

Relax marco indicators Revenue Deficit & Fiscal Deficit sparingly

The targeted revenue deficit (RD) is already 1.9 per cent of GDP versus the maximum permissible under the Fiscal Responsibility and Budget Management Act of 2 per cent of GDP. This limit reduces the scope for borrowing, to fill the revenue shortfall, to around Rs 16,000 crores. It would increase the fiscal deficit (FD) from the targeted 3.2 per cent of GDP to 3.3 per cent of GDP — not a very significant departure and still considerably better than the FD in 2014-15 of 4.1 per cent of GDP. Also, there is no shortage of liquidity in the domestic market, so the government can borrow without crowding out the private sector. But it would be unwise to waste the hard work of Arun Jaitley, Finance Minister to reign in the FD to 3.9 of GDP in 2015-16; 3.5 of GDP in 2016-17.

Find the money – cut non merit subsidy & fat revenue budgets, not additional debt.

Hefty cuts in revenue expenditure amounting to a Rs 60,000 crore will be needed to maintain the RD at two per cent of GDP.  A targeted approach could be to reduce non-merit subsidies. These include LPG and kerosene subsidy in urban areas. The differential between rural and urban wages should enable urban residents to pay for clean, commercial energy. Reducing the subsidy on urea (Rs 50,000 crores) is an environment-friendly option. The department of expenditure has expertise in identifying and cutting fat budgets. Barring defence, security, social protection, human development and infrastructure, significant reductions in budgeted revenue expenditure are possible to keep the revenue deficit at a maximum of two per cent of GDP.

Incentivise bureaucracy to be decisive & business friendly

tax admin

Balancing the budget judiciously merely manages the negative outcomes of low growth. Removing constraints on exports can add to growth. Similarly, addressing GST glitches and minimising the compliance burden can significantly improve business sentiment. Notwithstanding our administration being colonial in structure, it works quite well under stress with targeted, short-term deliverables. Achieving six per cent growth this year, with fiscal stability, is one such challenge.

Adapted from the authors article in The Asian Age, September 23, 2017 http://www.asianage.com/opinion/columnists/230917/recapturing-growth-what-govt-should-do.html

 

Bimal Jalan reflects

Jalan book

 

exercises the writer’s privilege to box his reflections between three inflection points. The first is 1980, ostensibly because 1977-79 was the first time the Congress lost power at the Centre. The second is 2000, being the start of a new millennium. And 2014 is the bookend when the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) formed a majority government.
Obscure inflection points
Of these, the choice of the first two years as turning points is not immediately obvious. Conventional wisdom regards 1991 to 2014 as a near continuous development period, barring the fractious interregnum of 1997-99. In the 1980s, it is 1984 that dominates, as the end of an era with the assassination of Indira Gandhi and the beginnings of Rajiv Gandhi’s brief “Camelot” phase. The year 1980 is significant only because Sanjay Gandhi died in an air crash in June and Mrs Gandhi aged visibly. The choice of 2000 is similarly obscure, except for broadly coinciding with the start of Atal Bihari Vajpayee’s NDA government.
Dr Jalan – man for all seasons
But this is mere quibbling. The book is unconstrained by structural rigidities. It provides reflections, spanning Dr Jalan’s seven earlier publications since 1992.  It can’t get better. Dr Jalan was in the Rajya Sabha (2003-2009); the longest serving governor of the Reserve Bank of India (1997-2003) since 1992; finance secretary; secretary banking, chief economic advisor and India’s executive director to the IMF and the World Bank.
Seven key reflections
Readers would choose their own favourite reflections. But this reviewer was intrigued by the following seven.
Low public savings retard investment 
First, Dr Jalan favours the conventional view that the persistent gap between India and the fast-growing economies of Asia during the last four decades of the 20th century is explained by our low levels of investment. For this he squarely blames our ideological decision to invest in public sector industries, which failed to generate savings for future investment and instead bled scarce tax revenue to fund financial losses — a familiar story even today.
Colonial style administration ill equipped for challenges
Second, he red flags the fact that from the 1970s, we did very little to enhance the competence and efficiency of public administration. We still lack the required composition of skills and experience in the public space to provide 21st century results.
High expectation, poor execution
Third, he bemoans the fact that we unfailingly adopt best practice priorities — take the national priority for agricultural growth. But we fail miserably in making supportive policies and rules. We have throttled agriculture by ignoring the interest of the farmer to serve the interest of the consumer. Similarly, we prioritise a progressive fiscal policy. But the revenue from direct taxes stagnates while regressive indirect taxes are buoyant.
Sustained, high growth misaligned with political incentives 
Fourth, Dr Jalan’s term in the Rajya Sabha convinced him that deep political reform is the key to change India. And who could disagree? But some caveats apply. Decentralisation, as flagged by Jalan, is certainly desirable for enhanced effectiveness and public participation. But, it will not, by itself, serve to reduce the size of government. In fact, employee numbers and expenses are likely to increase as scale effects disappear.
Union government muscularity erodes state government autonomy 
In a similar vein, it is true that the Union government tends to erode the federal structure by misusing governors for narrow political ends. But constitutionally, we are a “Union of States with a centrist bias”, per political pundits, and not a federal state. Parliamentary norms and conventions are routinely subverted — a self-goal, since this reduces Parliament’s credibility.
Dysfunctional parliament erodes its own credibility
Dr Jalan cites 2006, when the budget was passed without discussion, illustrating political expediency of the worst kind. But it is open to question whether the existing process for annual Budget presentation and examination remains a productive exercise or has become mere form without substance. The cabinet system of decision-making, underpinned by the principle of collective responsibility, was undeniably subverted during the United Progressive Alliance government, since political power was dispersed beyond the government. But this was poor practice rather than a structural flaw. And it appears to have healed itself after 2014.
Judiciary – safeguarding the constitution 
Fifth, the judiciary, rightly, comes in for high praise, for progressive jurisprudence, safeguarding the principle of separation of powers, and the primacy of the Constitution. But entrenched territoriality in the judicial appointments process remains contentious.
Public sector banks – out of control
Sixth, Dr Jalan recounts, financial reforms after the Narasimham Committee report of 1998 enhanced the resilience of Indian banks. But he leaves the reader begging for more on what went wrong over the last decade to inflate stressed loans to crippling levels. Are not politicised leadership and boards the problem in public banks? And given the stakes, can UPSC selection – as Dr Jalan suggests – really be an effective bulwark? Would not ramping up private shareholding, with the government holding only a “golden share” be a more effective solution? More generally, how effective are the existing prudential norms, for limiting exposure to sector, corporate or currency risk?
Tax reform – only half done?
Seventh, Dr Jalan’s view that it is unnecessary to reopen the constitutional scheme for inter-governmental division of taxes is curious. Tax pundits advocate that GST be extended to alcohol and petroleum.
jalan 2
It is a broad canvas on which reflects, as befits one who has helmed public policy since the 1980s. Readers will look forward to his take on the more recent developments — that is, since 2014.

 

Adapted from the authors Book Review in Business Standard, September 18, 2017 http://www.business-standard.com/article/beyond-business/bimal-jalan-reflects-117091801405_1.html

 

Keeping our children safe

Kid security

Violent crimes against children are grabbing headlines. The latest is the sexual assault and murder of a student in a private school’s toilet in Haryana’s Bhondsi, near Gurgaon. However, Haryana is not the most dangerous state for kids. That dubious distinction belongs to Delhi, with a crime rate (crimes against children per 100,000 population) of 169. Chandigarh follows at 68. The safest states for kids, per the National Crime Records Bureau data, are Jharkhand, with a child crime rate of just three, followed by Bihar, at four.

Long term negative impacts of child abuse

The World Health Organisation estimates that in developed countries, six per cent of adult depression, alcohol and drug abuse; eight per cent of suicide attempts; 10 per cent of panic disorders and 27 per cent of post-traumatic stress disorders are due to abuse during the first decade of the victim’s life.

But there is scanty scientific evidence, in developing countries, of the drivers — the sources and location — of child abuse. David Finkelhor, a sociologist, tellingly comments that “there is more experimental science in the toilet paper we use every day, than in what we have to offer abused children or families at risk of abuse”.

Crime data

In India, where the general standards of personal security and protection of human rights are low and public resources are stretched, child abuse can easily become just another statistic. Crimes against children increased from 14,975 in 2005 to 94,172 in 2015. Over the same period, violent crimes increased at the rate of 5.5 per cent per year — much faster than the growth of the population. Sadly, the proportion of crimes against children to total violent crimes, increased from seven per cent in 2005 to 28 per cent in 2015. Our children are increasingly more unsafe.

With whom does the buck stop?

Preventing such crimes is a shared responsibility. Initiatives include regular oversight and counselling of risky families by specialised agencies; early identification of high-risk adolescents to aid them through high school; imparting life skills training to make children streetsmart and reducing access to alcohol, drugs and weapons.

Inevitably, poorer kids are more at risk than rich kids. The same applies to other population segments at risk — senior citizens and women. The well-off can cocoon themselves from a prevailing ecosystem of insecurity. But for other vulnerable groups, it is the State which must step in to offer protection.

First, increasing the effectiveness of policing aimed specifically at controlling crime on the street and in public spaces is the key. Predators seek out low-security havens — parks, lonely lanes and unoccupied spaces to strike. India is historically under-policed. The UN standard is 222 police personnel for every 100,000 population. India has never crossed 140. Singapore — that haven of orderliness, which all Indians marvel at — has 1,074; disciplined Japan has 207; the European Union has around 347 policemen per 100,000 population.

Even this aggregate data exaggerates the level of police available for citizen centric, local policing — beat patrols, traffic management, crime prevention, detection and investigation. In India 60 per cent of the police are occupied guarding government buildings and assets (such as CISF & RPF); patrolling the borders (BSF, ITBP, SSB); quelling riots, fighting insurgency or doing VIP bandobast (CRPF and state armed police). Local policing must be strengthened much, much more.

The police is too busy with other stuff

police action

Comprehensive police reform has never been tackled seriously despite a series of commissions — starting with the National Commission on Police Reform, 1978, and ending with the Second Administrative Reforms Commission, 2007, all of which recommend broadly similar measures. The police mandate is fractured between states and the Centre, leading to silo functioning. The Central police forces are significantly better resourced than the state police forces, though the latter are directly concerned with controlling crime. The buck often stops with the police. But they are poorly led. Senior police officers skip from helming one complex area to another, where they may have no prior experience and no long-term allegiance to the specialised force they command. Even junior officers and constables are neither specifically recruited nor are they permanently slotted in specialised areas, like crime detection and investigation; communications; community policing; traffic management; cyber security or intelligence and riot control.

The “danda” is still the primary instrument of policing

Second, the use of technology to identify high-risk locations and victim behaviour and profile potential predators is constrained by the low educational qualifications of the personnel. 86 per cent of the force consists of constables who have merely passed their Class 10 or at best Class 12 exams. The officer cadre is thin and inadequately skilled. Service conditions are terrible. Police personnel regularly do 10-hour to 14-hour long shifts, with no weekly time off. Police housing, of indifferent quality, is available only for just one-third of the personnel. Worse, the police force is highly politicised and tends to rely on fear and the use of brute force, rather than by earning the respect of citizens — a colonial hangover. These conditions are not conducive to attract committed, qualified recruits.

Too few first responders to save lives and manage trauma

PS tent

Third, improving the first responder reaction, can save lives and minimise damage by getting victims to healthcare facilities. But there are just 15,500 police stations across more than 650,000 villages and road links may not be the best. Of these nearly 10 per cent lack even a wireless link. There are only 164,000 vehicles with the state police forces. Their spread across locations is likely to be highly uneven and concentrated in the major cities.

Better oversight by government of security arrangements in schools

Other than improving policing, viable short-term options include better oversight by the government education departments over school administrations. Value-add community participation, like authorising Parent Teacher Associations to certify the school’s adherence to minimum safety and security standards, can help.

Decentralise security to groups of parents & kids

cop teaches

Get kids and parent groups to collectively enhance their own security. Readers may remember the captivating proactivity of kids in outwitting, admittedly bumbling, adult, minor criminals from the 1950s era, in Enid Blyton’s Secret Seven and Famous Five series. Fiction can become a reality — once the imagination and interest of the kids is ignited. Herein lies the fastest and most effective route to making our kids safe.

Adapted from the authors article in The Asian Age, September 15, 2017 http://www.asianage.com/opinion/columnists/150917/to-keep-our-kids-safe-all-have-a-role-to-play.html

 

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