Jati Panchayat

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    MARGIN SPEAK

    september 3, 2011 vol xlvi no 36 EPW Economic & Political Weekly10

    Anand Teltumbde ([email protected]) is amember of the Committee for the Protection of

    Democratic Rights, Mumbai.

    Indias (Jati) Panchayati Raj

    Ana nd Teltumbde

    What has been the impact

    of reservations for women,

    scheduled castes and scheduled

    tribes in panchayati raj

    institutions? In case the reserved

    seat is for a woman, it is usually

    the wife or daughter-in-law of the

    old sarpanch who is made to sign

    papers, while the husband or the

    father-in-law is de facto in control.

    In the case of reservations for the

    SC/STs, it is the bonded labourer

    of the sarpanch who becomes a

    proxy for his rule. In exceptional

    cases, where dalit sarpanches

    have dared to exercise their

    powers in the public interest, the

    dominant castes have unleashed

    terror against them.

    We must not forget that these idyllic village-

    communities, inoffensive though they may

    appear, had always been the solid foundation

    of Oriental despotism...

    Marx

    What is the village but a sink of localism, a

    den of ignorance, narrow-mindedness and

    communalism?

    Ambedkar

    I

    ndia formally adopted neo-liberal eco-

    nomic reforms in July 1991 with a de-

    nite blueprint that was spearheaded by

    men with Fund-Bank antecedents to over-

    see its execution. Within two months, a

    constitutional amendment bill was readied

    to institute panchayati raj in rural India,

    which was nally enacted by Parliament in

    April 1993. Urban India got its complement

    in the form of the 74th constitutional

    amendment. Although both the bills were

    meant to devolve power to the local levels in

    accordance with Article 40 of the Constitu-

    tion (one of the Directive Principles of State

    Policy), the most radical aspect of the amend-ments was the prescription of one-third

    reservations for women, scheduled tribes

    (STs) and scheduled castes (SCs) in the local

    bodies as members as well as ofce-bearers.

    It meant that not only one-third of the

    elected members but also one-third of the

    elected sarpanches (panchayat heads) or

    chairpersons (panchayat samiti heads) or

    presidents (zilla parishad heads) had to be

    from amongst these sections. The political-

    economic link between the two policies and

    the caste dynamics the latter unleashed, as

    its inevitable fallout a recent incident in

    Tamil Nadu being a rude reminder still

    remains inadequately explored.

    Who Controls the Panchayats?

    Although the panchayat is aunted as

    Indias traditional governing institution, it

    was basically a jati panchayat, a la khap

    panchayat, and did not have much to do

    with its current avatar. Interestingly, like

    most other concepts, the roots of contem-porary panchayati raj can be traced to the

    colonial logic of Ripons resolution of May

    1882, which aimed at involving the intel-

    ligent class of public-spirited men in the

    management of rural areas under the

    British rule. It led to setting up district and

    taluka boards with nominated members to

    look after health, roads, and education,but failed to make the village the basic unit

    of local self-government. The Montague-

    Chelmsford Reforms of 1919 revived the

    idea and in almost all provinces and

    native states, laws were enacted for the

    establishment of village panchayats.

    After Independence, panchayati raj was

    re-inaugurated by Nehru in 1959, follow-

    ing the Balwant Rai Mehta Committee rec-

    ommendations of 1957, but they miserably

    failed, impelling scholars to declare by

    1960 that panchayati raj institutions

    (PRIs) were the God that failed. By 1970,

    the Nehruvian modernist project fructied,

    chiey through land reforms and the green

    revolution, introducing capitalist relations of

    production in the agrarian sector. It brought

    huge gains to a section of the farming castes

    and, in equal degree, vulnerability to dalits

    because of the collapse of traditionaljajmani

    relations. A class of middle and rich peas-

    antry emerged out of the traditional farm-

    ing castes, wielding the baton of brahminismfrom the erstwhile upper caste landlords,

    aggressively pursuing more power and

    resources, leading to the rise of regional

    parties and inaugurating an era of coalition

    politics. The Janata government, the rst

    manifestation thereof, attempted to rejuve-

    nate the PRIs through the Ashok Mehta

    Committee but without much success.

    Over the years, local interests became

    more varied and complex, in fact, too

    complex for a centralised polity to handle.

    Paradoxically, the Communist Party of India

    (Marxist)-led Left Front (LF) government

    in West Bengal was the rst to realise the

    importance of panchayati raj for sustain-

    ing political power. The effective implemen-

    tation of land reforms and the panchayati

    system there, since 1984, had buttressed the

    aspirations of the middle and rich peas-

    antry and given them access to power and

    resources. This was the key factor behind

    the LFs lasting electoral success until

    recently. At the centre, implementation ofthe Mandal Commission recommendations

    was the strategy to placate these sections.

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    MARGIN SPEAK

    Economic & Political Weekly EPW september 3, 2011 vol xlvi no 36 11

    But it is only after the adoption of the

    neo-liberal reforms, informally from the mid-

    1980s and formally from July 1991 onwards,

    that concrete steps were taken to implement

    the panchayati system. The strategy was to

    prepare for a diminishing state role by rele-

    gating governance of local issues to the

    local elites, albeit under the progressiveveneer of anti-caste, anti-patriarchy pro-

    visions as in the 73rd and 74th amendments,

    which would ensure the systems suste-

    nance without, in any way, threatening it.

    The ground reality is that in a substantial

    number of cases the candidates who have

    won the panchayat elections are mere fronts

    for the old power holders. In case the

    reserved seat is for a woman, it is usually the

    wife or daughter-in-law of the old sarpanch

    who is usually made to sign papers while

    the husband or the father-in-law transacts

    all business. In case the reservation is for

    the SC/STs, it is the bonded labourer of the

    sarpanch who becomes a proxy for his rule.

    In other cases, some SC/STs may be lured

    to share the booty with the power elite

    under the tutelage of the latter. Only in

    exceptional cases, like the one discussed

    below, have the dalits challenged and

    confronted the dominant classes/castes.

    Thus, it is rich peasants and landlords of

    the dominant castes that exercise de factopolitical power at the local level and con-

    trol the institutions of panchayati raj.

    Case of Krishnaveni

    Krishnaveni, a dalit woman of the Arun-

    thathiyar caste (scavenging community, the

    third major dalit caste in the hierarchy after

    Pariah and Pallar in Tamil Nadu), a school

    dropout and mother of two, had contested

    the elections as an independent candidate

    in Thalaiyuthu panchayat, Nellai district,

    when it was declared reserved for dalit

    woman candidates. She won by a margin of

    700 votes and became the sarpanch. She

    worked sincerely and earned widespread

    respect. Her fellow-villagers generally

    spoke with admiration about how she man-

    aged the construction of roads, the building

    of a library, and the development of infra-

    structure with amazing speed. They also

    vouched for her honesty and integrity, and

    commended the way she courageously con-

    ducted herself in face of continuing threatsfrom the dominant castes. In recognition of

    her work, she received the Sarojini Naidu

    award for 2009 from President Pratibha

    Patil for the best (among panchayats in the

    district) implementation of the National

    Rural Employment Guarantee Scheme. Her

    accomplishments however rubbed salt in

    the wounded egos of the old power elites,

    who could not stomach the fact that an

    Arunthathiyar woman was their boss. Apartfrom the caste prejudice, their material

    interests were also hampered as she would

    not allow panchayat funds to be siphoned

    off. Krishnaveni led more than 15 com-

    plaints against these people, including the

    vice-president and ward members, as they

    were variously causing obstruction in her

    work. However, the district administration

    and the police did not pay any heed.

    Instead, the impression was created that

    she was quarrelsome and could slap cases

    under the SCs and STs (Prevention of Atro-

    cities) Act, 1989 against her detractors.

    On 13 June 2011, at around 10 pm, as she

    was returning from the panchayat ofce

    in an autorickshaw, some people murder-

    ously attacked her. The trigger was pro-

    vided by her plan to build a toilet for dalit

    women onparamboke (government) land,

    which was illegally occupied by a Thevar.

    She was hacked all over the body and left

    for dead in the darkness. She survived 15

    stabs and a hacked ear after remaining fordays in the ICU, initially at Tirunelveli and

    later in Chennai, thanks to the persistent

    efforts of the young activists of the Arunt-

    hathiyar community. They mobilised people

    to agitate in protest and even managed to

    get the established dalit leaders like Thol

    Thirumavalavan and John Pandian to

    support them. Still, they could not move the

    media and the state administration out of

    their customary neglect for dalit issues.

    The case was strikingly reminiscent of

    the earlier two incidents that took place in

    the same Tirunelveli district, just a few

    years ago, when the panchayat presidents

    of Nakkalamuthanpatti, P Jaggaiyan and

    Maruthankinaru Servaaran, who belonged

    to the same Arunthathiyar community, were

    murdered by members of the dominant

    castes. In a similar manner, 15 years ago, a

    dalit panchayat president, Murugesan, and

    his six relatives were cruelly done to death

    near Madurai. In all these cases there was a

    recorded history of threats and harassmentby the dominant castes and administrations

    persistent ignorance thereof. Jaggaiyans

    case rather classically illustrates how

    panchayati raj becomes de facto the rule

    of the dominant castes. Before Jaggaiyan,

    when the post of sarpanch was reserved

    for women, the wife of Thirupathi Raja, a

    powerful landlord belonging to Kamma

    Naidus (Naickers), served as his proxy as

    sarpanch. When, the next time, the post wasreserved for SCs, Raja nanced Jaggaiy-

    ans election, expecting that he would

    carry out his writ. However, when Jaggai-

    yan showed his independence and deed

    his dominance, he was brutally murdered.

    Towards Accountability

    The rhetoric of decentralisation of power

    or eulogy to panchayati raj, without a con-

    scious attempt to dampen the structural

    propensity under which power and domi-

    nation play out in rural India, just amounts

    to encouraging rural lites to establish and

    maintain control over subordinate groups.

    A plethora of literature on panchayati raj

    suggests that formal regulations stipulating

    the participation of people like dalits and

    women have had minimal impact on the

    functioning of the panchayats. There is also

    evidence, albeit in limited cases, that

    decentralisation has helped these groups

    to make their presence felt in local political

    institutions. This implies that when they areempowered and made democratic, pancha-

    yatscan act as agents of social change. The

    ideal strategy would therefore be to ensure

    that weaker groups are empowered and

    emboldened to challenge the dominant

    groups. Only then can the panchayats

    become effective forums for representation

    and democracy. The State has a denite role

    and responsibility in this. It must educate

    villagers about the panchayati system,

    monitor panchayat elections, train elected

    members, guide the process of decision-

    making and monitor the implementation

    of local plans. The district administration

    must be made accountable for the results

    inter alia, the district collector and super-

    intendent of police should be made person-

    ally responsible for any instances of viola-

    tion of rights of the SC/STs and women.

    This is the least the State must do if

    it really means what it professes about

    panchayati raj. Otherwise, atrocities

    against dalit sarpanches will continue toprovide stark validation of what Marx and

    Ambedkar said decades ago.