4 HIMALAYAN MIRROR GANGTOK, SATURDAY 28 FEBRUARY 2015 Running late ENGLISH DAILY PUBLISHED FROM GANGTOK HIMALAYAN MIRROR FEBRUARY 28 2015 VOL 9 NO. 167 Sword of Damocles: Government must stop defending and start deleting section 66A of IT Act Supreme Court is hearing a bunch of petitions challenging the constitutional validity of section 66A of the IT Act, on the ground that it violates our fundamental right to freedom of speech and expression. When in opposition, BJP members often made this argument themselves. The party’s IT cell went as far as to say that the draconian nature of this clause demonstrates a fascist mindset and seeks to enforce Emergency-like curbs on free speech in cyberspace. But with BJP ruling, that position’s been turned on its head. The Centre has told the court that because the reach and impact of internet is wider than print and TV, restrictions on it should be higher. But it’s precisely because communication through the internet is now becoming inseparable from ordinary, everyday, ubiquitous conversation that government must surrender its draconian power to check it. Section 66A empowers the law to put anybody in jail for being offensive or causing annoyance or inconvenience while using IT. Look around you – how many people would be incarcerated if this applied to day-to-day conversation? When IT devices perform the same function, these should get the same freedoms as traditional communication. The apex court is correct in observing that the term ‘offensive’ is vague and subjective. This charge could apply to a sweeping set of communication but the law hounds only a select set – which makes its application necessarily arbitrary and capricious, like a sword of Damocles hanging over everyday life. A minister can call minorities haramzade and there will be no consequences, but caricaturing a CM gets a cartoonist arrested. Contrary to the promise of ‘minimum government, maximum governance’, section 66A represents minimum freedom, maximum arbitrariness. Government must stop defending and start deleting it. Towards unfreedom In what could be a new instalment of “Histories Mysteries”, Congress vice president Rahul Gandhi has chosen to take a “sabbatical”. In years to come, this may be remembered as one of the great political enigmas — like where did Hitler spend his last days, what did Marilyn Monroe know, who was behind the Purulia arms drop, really? There is plenty of speculation. But if you’re picturing sabbaticals as one long Sunday, spent sunning on a deck chair, back the truck up. Yes, it is reported that god created the world in six days and took to his metaphorical deck chair on the seventh, giving rise to the sabbath, or the day of rest. The word “sabbatical” probably draws its roots from the Hebrew “shabbat (release)” and the Latin “sabbaticus (to cease)”. And in Mosaic law, a “sabbatical year” was the seventh year, when the land was not to be tilled, and debtors and slaves were to be released. All of this might suggest pina coladas and feudalism. But the sabbatical was reinvented in the late19th century, when it became a year of absence granted to researchers. The trend soon spread and taking a sabbatical seemed to convey a degree of political chic. “Anonymity is a therapeutic treatment for tired politicians,” said then Singapore Prime Minister Lee Kuan Yew, wintering in Harvard in 1968. During his month there, Lee is said to have picked up tips on the “development of our economy”, security and how new nation states became a “modernised community”. But if North Korean leader Kim Jong-un was on a sabbatical when he disappeared from public view last year, he probably wasn’t taking a refresher course in governance. So will the pina coladas versus governance mystery ever be solved? Time or subsequent events will tell. In the meantime, Indian politics might have found its new favourite euphemism — the sabbatical. Do the difficult things while they are easy and do the great things while they are small. A journey of a thousand miles must begin with a single step. Lao Tzu -L By:Nitish Kumar S uresh Prabhu , the railway minister of India, is a good man who has been my colleague in the Atal Bihari Vajpayee cabinet. I congratulate him on presenting his maiden railway budget. The presentation of this year’s rail budget saw a marked departure from the past. The budget speech did not inform Parliament about last year’s financial performance in detail. In addition, there was no mention of a concrete action plan, time-bound priorities or targets. The most important objective for the Indian Railways today is to break away from the incremental story of the past and recognise the agenda of the future. The rail budget missed an ideal opportunity to lay out the agenda for the future in a concrete manner. Instead, it was a statement of lofty intent. I say this from personal experience. While presenting the rail budget for 2001-02, I had stated that the railways “needs to develop a market-oriented and customer-friendly outlook”. The focus was to make the Indian Railways people-friendly through better management, safety standards, upkeep, innovations and response rate. A special railways safety fund of Rs 17,000 crore was created. This fund played a major role in upgrading and improving structures such as overhead bridges, thereby significantly raising safety levels. In 2002, the Indian Railways began producing Rail Neer to meet the need for clean drinking water. Freight rates and passenger fares were ratio- By :Akhileshwar Sahay S ome budgets are called “dream budgets”. Some make you dream. But this first full-year railway budget of the Narendra Modi government simply puts the “bleeding railways back on track”. All credit goes to Railway Minister Suresh Prabhakar Prabhu for not swaying to the populist agenda, for bringing sanity back to this annual exercise and for bringing the longneglected “railway customer” back on centrestage. The following bold acts make this budget special. One, by not introducing new trains and not announcing new projects, Prabhu has taken the first baby-step towards reversing the past missteps of his predecessors. Mushrooming announcements of hundreds of new trains in annual rail budgets have choked the network, without commensurate benefit to passengers, and a plethora of past unviable projects on populist considerations have saddled the Indian Railways (IR) with a throw-forward of more than Rs 5 lakh crore worth of non-executable projects. His next step should be to discontinue trains that are not patronised and abolish projects that are not needed, which have not crossed the starting line for decades. Two, in the past one-anda-half decades of anchoring of the rail budget on visual media and commenting on it in print, this EDITORIAL nalised. The catering system was transferred to the Indian Railway Catering and Tourism Corporation and transformed. For the first time, a policy to involve the private sector to increase the efficiency of the freight system was action plan is necessary. This is where the rail budget for 2015-16 does not show adequate promise. It depends far too much on debt from multilateral and bilateral agencies and the participation of pri- get less funds than before. When I was rail minister, we had developed and successfully implemented a participatory model under which the Indian Railways made partial contribution to specific projects pro- connectivity in the country increasing? The answers to such questions not only construct the narrative of the Indian Railways but also of life in India. The roadmap of investments and infrastructure adopted. The year 2002 was dedicated to the rail traveller and declared the “passenger amenities year”, while 2003 was the “customer satisfaction year”. Innovative and customer-friendly measures to improve the ticketing system were incorporated in the next year’s rail budget. During my time as rail minister, an Anti Collision Devicebased system was also introduced to enhance safety. Since 2001, the Indian Railways has shown a remarkable turnaround, without raising passenger fares, by improving the operating ratio. So more than positive intent, a well-defined vate players. In the past, these attempts have not proved to be scalable. Investors often prefer developed states over poor ones. So, a plan that banks on outside lenders and investors could tilt the scale against poor and backward states, where investors do not have exposure. Further, the model of partnerships with the states is also not clear and rests on unsubstantiated assumptions. One such assumption is that the states have gained significant resources from the 14th Finance Commission award. I can state with much disappointment that Bihar, for one, might posed by the states, in accordance with their sectoral priority. This led to the successful completion of several projects across the country. The Indian Railways is a living narrative of how India works. So, this narrative must tell the story of the nation. The plot of this story is contained in some simple questions. Do trains run on time? Is it safe to travel by train, especially for women? Are stations and trains hygienic? Do they have access to clean drinking water? Do people respect and value public property? Is the railways adequately responding to the passenger load? Is overall for the railways must account for these fundamental questions. In addition, it has to be futuristic. India is a young nation where people are constantly on the move for education, employment and other purposes. And they demand uninhibited digital connctivity, alongside fundamental guarantees of timeliness, safety, hygiene and accountability. These aspects also play a critical role in strengthening the professional and business environment in the country. So what does the rail budget offer on these fronts? At best, a sketchy outline without a con- member of the commentariat finds it refreshing to see a budget with a fiveyear vision, with four thought-through goals, five cogent guiding principles and 11 thrust areas of action. The challenge through insufficient “internal accruals, gross budgetary support and market borrowing through the IRFC (Indian Railway Finance Corporation Ltd) and non-starter PPPs”, Prabhu endemic corruption, departmental silos, and silos within silos have haemorrhaged the railways for a long time. Indeed, the first committee in independent India to investigate corruption, fast and decisive action. The time has come for the opaque and unwieldy Railway Board to become nimble and shed many of the functions it has usurped over time but which do not, rightfully, before Prabhu now is to ensure that these are translated into concrete action, with measurable results and time-bound execution. Three, by significantly enhancing budgetary provisions for increasing the capacity of the network, in place of announcing more unviable projects, and by significantly improving passenger amenities, with much greater focus and outlay on enhancing safety, including the elimination of level crossings (notorious killer spots), Prabhu has set his priorities right. Four, by breaking away from the traditional mould of financing railway plan expenditure has unleashed the power of innovative financing, including partnering with beneficiary states, PSUs, major customers, multilateral and bilateral institutions, annuity, funding from other sources and reliance on equity. The railways’ need of plan funds is exponential, and all sources put together will not suffice. It is in this context that the new financing cell in the Railway Board is a positive step. But the key will be to put the right people, including external resources, in the saddle to fight the devil of finances. Five, over-centralisation, opaqueness and extensive delay in decision-making, systemic inefficiencies, headed by J.B. Kripalani, was set up in the 1950s to reduce the high rent-seeking in IR. Six decades have gone by and not much has changed. This puts in perspective the focus in the budget on a new paradigm of governance, extensive management reforms and transparency across all levels. Recent decentralisation of works and stores tenders to general managers is a welcome first step and is, indeed, pathbreaking. But a lot more is needed. The task before Prabhu is unenviable. Entrenched vested interests can successfully torpedo his reform process essentials unless this intent is doggedly pursued with belong to it. Six, the railways accounting system is not in sync with the needs of a commercial organisation. The institution today is unable to know the true cost of the various services being provided by it. In the past, there have been many false hopes of an accounting reform. But the renewed focus on bringing best practices to accounting that fit into the organisational requirement is a welcome step. The caveat is that the astute chartered accountant in Prabhu will need to take this critical reform to its logical end at the earliest. Seven, the boldest measure in the budget is to Chugging ahead crete plan. Let us take the case of timeliness. How does the budget address this issue? Informing passengers about train schedules and delays through SMS alerts and apps is a welcome step but it does not replace the need for trains to run on time. As for connectivity, the budget speaks about last mile projects. However, it does not commit to the timebound completion of the various such projects that have been pending for a long time — including many critical ones in Bihar. Also, in the spirit of fairness, savings from reduced fuel costs should have been passed on to consumers. The railways must leverage the comparative advantages of the states while developing a longterm roadmap. For example, Bihar is the greatest contributor to the workforce and is likely to remain so. The state is also poised to lead the second Green Revolution. However, the investment approach outlined in the rail budget does not adequately incorporate ways to build on these advantages. For instance, it would be a good idea to develop new education- and trainingrelated institutions in states that have a large workforce and low institutional presence. Summing up, the rail budget is incomplete. It is a proposal of intent at a time when the people of India are eagerly awaiting action, not merely a statement of purpose. The ability to transform intent into concrete action is what the nation wants — and what the NDA government has not delivered. (Courtesy : Indian Express) break away from the internecine departmental war and give a massive push to railway electrification. It is common knowledge that the country depends on costly fossil fuels (and the present lull in diesel prices should be considered a lull before the storm). But few are aware that 35 per cent of the electrified traction of the IR carries nearly two-thirds of freight traffic and nearly half of passenger traffic at an annual traction cost of around Rs 10,000 crore, while to carry the remaining onethird of freight and half of passenger services on diesel traction, the IR spends nearly Rs 22,00025,000 crore annually on POL (petroleum, oils and lubricants). This push for electrification has not come not a minute to soon, and will bring substantial financial savings to the institution, duly accounting for the project execution cost. There are several other small and big factoids and fine points that make this the best railway budget in the last decade and a half. But there are two words of caution for Prabhu — often, “best” becomes the enemy of “good” and “green shoots” often turn into “brown manure”. And the empire he sits upon is notorious for suffering from the “implementation bug”. For the next 365 days, 24×7, the rail minister will need to pursue minute details of the big picture of his dream budget to make sure that the “dream does not die young”. (Courtesy : Indian Express)
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