REPORT

PANCHAYATI RAJ

STATE LEVEL WORKSHOP

 On

“The Gram Sabha in Goa after the 73^rd Constitutional Amendment”

Date: Saturday, 31^st May 2003

Venue: T.B. Cunha Hall, Panaji.

Organised by

Panchayati Raj Cell

Peaceful Society

Kundai, Goa

In association with

Goa Desc Resource Centre

Mapusa, Goa

A

fter the crucial 73rd Constitutional Amendment passed in order to delegate more rights and powers to the grass root man in the democratic decision making process, there was an urgent need to educate the general public about the quintessential features of these latest changes done. Without having understood the correct interpretations of the legal terms, it was noted that the changes would not deliver any good. It was at this important juncture, Peaceful Society volunteered in its own capacity to educate the masses by establishing a separate cell called as Panchayati Raj Cell. Besides, other programmes like publication, lobbying, training etc.; the PR cell is also involved in organising workshops on the theme of 73^rd Constitutional Amendment for beneficiaries and general public from the state of Goa. One such attempt is a workshop successfully conducted in association with Goa Desc Resource Centre on 31^st May 2003, on the theme of “The Gram Sabha in Goa after the 73^rd Constitutional Amendment”.

It was a neatly planned workshop divided into four sessions, with active and meaningful participation by distinguished experts from Goa University, Panchayat Raj functionaries, representatives of different political parties and general public concerned and conscious about latest development in the form of 73rd Constitutional Amendment. In all four sessions, there was active participation, sharing of views and opinions and most importantly answers provided by expert panels to the questions raised by general audience.

1^ST SESSION

Excerpts Of The Presentation By Dr. Aureliano Fernandes

Immediately after the enrolment, there was presentation of well-studied and neatly written paper on the theme of “Waiting for village democracy in Goa, Second wind without a storm” by Dr. Aureliano Fernandes, Professor of Political Science from Goa University. While submitting the gist of his paper on the above theme, he concentrated more on explaining how the euphoria of enactment of 73^rd Constitutional Amendment in the year 1993 has remained mainly on the paper. He reminded that the said Amendment was hailed as the second wind of democracy with assurance to people that there shall be quality in implementation of programmes since the adequate functions, finances and powers shall be devolved to the last unit of local self governance i.e. Panchayat.

He further reminded that part of assurance where it was said that representative democracy shall convert into participatory democracy and non elites, rural women, OBCs, SCs. STs, landless and the oppressed also shall be rightfully playing their role in decision making process at the Panchayat Raj level. While accurately pointing out failure of this Amendment in present political structure, he said “now that the initial euphoria has faded, there is realisation that the Constitutional Amendment which was an important milestone in Indian democracy has a ‘potentially self government’ role, since it left the entire basis of the amendment at the mercy of the State legislature.”

Further, while narrating upon the important features of 73^rd Amendments of the Indian Constitution particularly in relation to more rights conferred upon Panchayats, he explained what it exactly meant by decentralised and participatory democracy. “Such democracy”, according to him “is deconcentrating power from Central to State to Sub-State level with direct involvement of the people from being mere recipients of services.” While speaking on failure part, he lamented upon studies conducted in most states showing thin attendance or sometimes manipulated attendance during Gram Sabha meetings. While explaining another important feature i.e. planning and financial autonomy, he told that “the allocation of finances by State Finance Commission would make the PRIs financially independent and therefore plan, prioritise and execute developmental works according to the needs of the village.” Next, while elaborating upon nature of Gram Sabha, he called it as ‘gateway to grassroots democracy’ and said it as a necessary mechanism to bridge gap between civil society and State. His major focus was upon Goa Panchayati Raj Act. He said “Goa Panchayati Raj Act itself prefaces the enactment of the two tier system with the intent of greater participation of the people and more effective Gram Sabha meetings.

“An ideal Gram Sabha”, he explained “should be a political institution where actual interaction takes place among people and their representatives, i.e. people can see their representatives face to face and ask those questions relating to welfare of their villages and seek replies straight from their representatives”. While calling it an administrative institution, he explained how well it could monitor implementation of schemes and development works, ensure the quality of works etc. by ensuring transparency in administration. Besides, he also explained how it is a social institution identifying beneficiaries with particular emphasis upon the needs of women, children, SCs, STs and OBCs.

The paper concentrated more upon importance of human development in terms of quality education and quality health to villagers, which, he called as more important than infrastructure. He explained how well this core issue of human development could be addressed by Gram Sabha.

Dr. Aureliano, further narrated problems associated with Gram Sabha functioning in terms of inadequate powers delegated to Gram Sabha under the Goa Panchayati Raj Act. He clarified how according to Goa Panchayati Raj Act we cannot hold the Sarpanch, the Deputy Sarpanch or his ruling team responsible for lapses, failures or corruption. Pointing the heavy-handed intervention of MLAs and Ministers, he explained how this behaviour hampers the developmental process of village.

At PRI Level, He Brought Out Following Important Problems:

1. Lack of adequate publicity for Gram Sabha meetings.
2. Lack of adequate mobilisation of people for Gram Sabha meetings through personal intervention or through groups.
3. Incapacity to support local initiatives
4. Non disclosure of venue of Gram Sabha meetings and selective mobilisation
5. Favouritism in allocation of schemes and resources to supporters.
6. Unresponsiveness of elected members to Gram Sabha.
7. Failure to take recommendations, suggestions of Gram Sabha seriously.
8. Failure to ensure transparency in the functioning of the Panchayat both administratively and financially.
9. Failure to ensure equitability in functioning of the Panchayat.
10. Failure to ensure accountability in administration and financial matters.

Besides these problems at PRI level, he also cited important problems at societal level:

1. Failure to understand the notion of face to face community sought to be created / reinforced by the Gram Sabha

2. Failure of certain groups or classes (Here, emphasis is particularly upon the elite section of the society) to be engaged with these institutions since PRIs by their very nature do not serve their purpose.

3. Failure on part of general public to take the institutions of PRIs seriously.

4. Failure to be concerned about matters that pertain to common good which go beyond individual and family concerns.

5. Failure to support and engage in voluntary action.

6. Failure to engage in group action with the help of community groups, Mahila Mandals, non-profit and pro-profit organisations in order to bring about transformation of the village.

The important feature of this whole discourse is the recommendation part. Here, Dr. Aureliano has explained how best villagers can address issues related to over-all development of the village community by strengthening Panchayati Raj institution and particularly Gram Sabha.

To put in a nutshell, following are the main recommendations:

At State Level

1. The State Govt. should put faith in capabilities of rural communities who can better understand and solve their problems as examples from India and the world over have shown.

2. The State Govt. should devolve powers to Panchayats with suitable accountability mechanisms.

3. Adequate powers should be given to Gram Sabha on the lines of the State Assembly which has formal powers to question the cabinet at the state level with mechanism such as question hour, calling attention motion, cut motion, provisions for instituting inquiry etc.

4. To empower Gram Sabha in effective way, it is recommended to have adequate policy measures, a responsive administration and easy and short procedures.

5. It is also recommended that the heavy-handed State intervention through MLAs / Ministers in village matters should be stopped, since matters of the village should best be left to PRIs.

At PRI Level

It is rightly hoped while narrating the recommendations at PRI level that if PRIs are utilised properly through effective medium of Gram Sabha then, villagers can achieve success in following fields:

- Reduction in economic disparities

- Transformation of agriculture

- Creation of resource inventories

- Optimum utilisation of resources

- Revitalisation of irrigation and water conservation

- Improvement in quality of life for all

However, here, he has cautioned that this is impossible if there is selective mobilisation of casteism or any narrow affiliation.

Therefore, he made further recommendations:

1. All Gram Sabha meetings should be adequately publicised.

2. All-important notices should be prominently displayed.

3. In order to clear the doubts, all-important procedures should be explained well during Gram Sabha, and if, time is taken for administrative formalities, the same should be made known to public.

4. The Sarpanch and members should personally mobilise people to ensure wider participation.

5. Sarpanch and members should be able to support or launch local initiatives through medium of Gram Sabha with the help of NGOs, Corporate houses etc. in the area.

6. Absolute transparency and equitability should be maintained in allocation of schemes and resources to beneficiaries

7. Since, more powers to Panchayats do not logically mean more democratic decentralisation but it can lead to concentration of power in the hands of Panchas.

8. Therefore, selection of beneficiaries by Gram Sabha is important and crucial for direct democracy to become a success.

9. Recommendations made at the Gram Sabha should be noted in a register and Gram Sabha should be informed from time to time about the action taken on these recommendations.

10. Right to information should be implemented in its letter and spirit.

11. Budget should be discussed, formulated and approved by the Gram Sabha.

At The Societal Level

1. At the societal level, Dr. Aureliano urged that, “NGOs and CBOs should be more active in mobilising and informing people, particularly, making people think differently that the Panchayat and Gram Sabha are not only meant for those who are eligible and dependent on Government schemes but for all educated, young, old, urbanites and rural people to participate in this direct democratic institution and there by seek all-round development of the villages in Goa.”

Further, he cited some of the success stories achieved by effective implementation of Gram Sabha in the states of Karnataka and Kerala. To sum up, he reminded that Mahatma Gandhi understood “Gram Sabha as village assembly like oceanic circle whose centre is the individual. This individual should be ready to perish for the village and the village ready to perish for the circle of villages. The outer circles-the state and the centre should concede that power rests with the village and cannot use their power to crush the inner circle but give strength to all within and derive its own strength from it.”

Dr. Aureliano Fernandes answered some of the important queries from the audience.

Should Gram Sabha be held only in Panchayat House?

Answer: The Gram Sabha may be held at any convenient place and convenient time provided the time and venue is announced well in time.

During Panchayat meetings, some times minutes are not recorded on the spot but the same are written down at home. Is this a correct practice?

Answer: The minutes of a Gram Sabha should be written / recorded on the spot and the same should be read and confirmed in the next meeting.

While joining the discussion, Shri Roland Martins of ‘Goa Desc’ emphasised upon awareness among people as an important prerequisite to stop manipulation of Gram Sabha minutes. He explained how there is difference in simply attending a Gram Sabha meeting and actually participating and having a say in it. He further clarified that for actual participation there is a need of knowledge of procedures and monitoring of Gram Sabha meeting.

Some of the villagers from the remotest corners of Sanguem Taluka expressed their grievances and felt that such workshops should be organised at their places to educate the masses in their villages.

SECOND SESSION

Panel Presentation By Panchayat Functionaries

This session comprised of panel presentation by Panchayat functionaries. Ms. Kunda Chodankar, member of Zilla Parishad and Ms. Andreza, Sarpanch of Rachol.

They expressed their views on the role of Panchayat functionaries in the light of 73^rd Amendment of the Indian Constitution. They cited some of the best experiences they had while serving as Panchayat representatives. Andreza shared how she educated the gram sabha members about the rules at the meeting. She refuses to answer queries if the members do not give them in writing four days in advance as prescribed by the rules. If she does answer, it is made clear to them that the information given by her may not necessarily be factual. Prof. Peter D’Souza moderated the session. Prof. Peter D’Souza highlighted upon how the concept of self-rule has emerged in India. He narrated about the first debate initiated in the year 1882 about the Panchayati Raj institution. Further, he spoke on the Balawantaray Committee formed in the post-Independent era. Then, he explained how after the 73^rd Amendment of the Constitution, the Panchayati Raj Governance has not remained just local Governance but has become an important process of changing India to the better. “During this era, the participation of those who did not get any opportunity earlier to raise the voice is ensured,” asserted Prof. D’souza. “Also, during this era of 73^rd Amendment grass root people are brought into politics in order to seek social transformation by empowering Gram Sabha,” opined Prof. D’souza.

Reflections On 2^nd Session:

One of the Panchayat representatives, in his reflection admitted that the transaction of the Gram Sabha could not be completed within stipulated time for some genuine reasons.

“However, in such exceptional case, during next meeting of Gram Sabha, proper agenda should be served and minutes of earlier meeting should be read,” he further added. Answering a query, Sarpanch Ms. Andreza explained how it is important for villagers to be vigilant during Gram Sabha in order to create feeling of responsibility among the Panchayat representatives. One, Mr. Michael, narrated his story that he was taking notes of the Gram Sabha for last seven years. However, instead of encouragement, he had to face humiliation from the Sarpanch. To this, Ms. Andreza admitted that “sometimes Sarpanchas think themselves as kings but there too, if the minutes are recorded properly by the people, the Sarpanchas will have no room for manipulation.”

THIRD SESSION

Panel Presentation By Political Party Representatives

In the third session, the representatives of the political parties were invited to share their experiences and views about effective implementation of the 73^rd Constitutional Amendment. The prominent among those who shared the views were Mr. Benedict D’Souza, President of NCP Youth Wing and Mr. Christopher Fonseca, CPI. Prof. Peter D’Souza of Goa University was the moderator for this session. In his introduction, Prof. Peter D’Souza seriously exposed how the increasing intervention of political parties is blocking the development at the Panchayat level.

Mr. Benedict D’Souza, (President of NCP Youth Wing)

Mr. Benedict D’Souza, in his discourse, on behalf of his Party, extended his support for the cause of empowerment of Gram Sabhas in the light of 73^rd Amendment. He agreed that the State Government should empower people at village level. By citing an example, he pointed out how some times people misunderstand certain issues taken up by right-minded people by looking at them from the angle of communalism and thereby vitiating the atmosphere with hatred and enmity among different communities. He also urged the Press fraternity to be impartial and careful while publishing any such aspect, which can prove detrimental to the harmony of communities within a society. He also highlighted upon the importance of appropriate discussion and approval of budget during the Gram Sabha. While stressing upon the discussions held during Gram Sabha, he explained how they are binding upon the Panchayat for implementation. He said, “as long as the Gram Sabha resolution is recorded, it is binding. And, as long as the decision is not challenged, it stands.” With a concrete example, he explained how his party is seeking justice against a resolution violated and by-passed by a Sarpanch.

Comrade Christopher Fonseca, (CPI):

In his well-articulated speech, Comrade Fonseca eulogised Peaceful Society and Goa Desc for organising this important workshop. He highlighted upon compulsory holding of minimum four Gram Sabha meetings in a year and explained how crucial this clause from the 73^rd Amendment of the Constitution is for the development of any village Panchayat.

Thus, he exhorted upon empowering Gram Sabha by forgetting differences, if any, among the villagers. “Since, people come together and discus their problems, Gram Sabha is also an effective forum to establish communal harmony,” opined comrade Fonseca. He reminded how the resolutions taken regarding crucial issues at Gram Sabha can compel the Government to alter their policy decisions in favour of the people by citing the example of ‘Nylon 66’. Further, he appealed the gathering to address conservation of environment besides issues like building of roads etc. He also pointed out pathetic state of mentally retarded people living unnoticed and untreated in villages. He explained that Gram Sabha could be a best forum to address such issues. To him, for greater participation, Gram Sabha should be called at a place and time convenient to people. He also dealt in length about proper collection of tax and revenue besides issues like illegal construction, water pollution and scarcity etc.

While, reflecting upon the talk by Comrade Fonseca, a villager brought to the notice of the gathering, a case where demolition order was bypassed by pressures from a political party. To one query, whether there can be political alignment among Panchayat members, Comrade Fonseca answered that politics has always been there and it is going to remain as a political process. He, further, reiterated “Gram Sabha is an effective forum which can serve as an antidote to the undemocratic functioning of Panchayat.” To yet another query, Mr. Benedict D’Souza replied that Panchayats are compelled to hold meetings. “If not, then, one-fifth of the people can approach the Block Development Officer and insist upon holding meeting,” argued Mr. Benedict D’Souza.

Prof. Peter D’Souza added here “we have to understand 73^rd Amendment of the Constitution which is designed to create 3^rd tier of Governance i.e. Local Self Governance.” He expressed his view that the pressure has to come from below and not from above for efficient local self-governance. He urged to form a group within village and study Panchayat Raj Act. He further stressed upon making the Gram Sabha stronger in order to have true Local Self-Governance. In an answer to one more question, Prof. Peter D’Souza explained about 11^th Schedule and also how Panchayats do not have enough control in the form of supervision over Government Agencies. He pointed out that the Government has devolved political powers to the Panchayats but the financial and administrative powers are not yet devolved to the required extent.

FOURTH SESSION

Panel Presentation By Social Action Group Representatives.

The participants in this session were as follows:

1. Ms. Pinto

2. Mr. Roland Martins

3. Mr. Soter D’Souza

4. Ms. Tara Kerkar

Prof. Peter D’Souza moderated the session. The above participants having vast experiences of serving society in their respective fields contributed meaningfully in this session.

Ms. Tara Kerkar:

She narrated her social works, which she began from the year 1985. She told that today she has left politics for good and is only in the social fields committed for the cause of sex workers and destitute women from Baina area of Vasco-da-Gama city. She also spoke on gender rights and women exploitation. However, she admitted her inability to contribute more opinions about the 73^rd Amendment of the Constitution.

Mr. Roland Martins:

To put in a nutshell, Mr. Roland Martins emphasised upon following points in relation to Panchayati Raj institution.

1. Those who wish to put resolutions in a Gram Sabha should do so within given time for its legality.

2. The participants during Gram Sabha should do homework.

3. During Gram Sabha, there should be organised intervention and not casual.

4. The participants during a Gram Sabha should demand for information.

5. Various Committees should be formed under leadership of efficient villagers who can devote their time and energy for social cause.

6. Gram Sabha should serve as platform of awareness building during celebration of National Days.

7. Gram Sabha should serve as platform for protests.

8. Women should participate on their issues during Gram Sabha discussion.

9. Gram Sabha should invite Government Officers related e.g. to Health and Police Departments and request them to present their reports regarding village.

Ms. Pinto, associated with an NGO working for “Civic and environment awareness” in her reflection told how the plight of women from a remotest corner of Canacona Taluka who fetch water from some kilometres even this day has remained unnoticed. She also raised a pertinent question as to “why Municipality ward committees are not mandatory?” She correctly pointed out here that there are also marginalised people in the Municipality areas who need various committees to voice their grievances.

Mr. Soter D’Souza:

He explained how Panchayati Raj Cell of Peaceful Society is propagating Gandhian views of Gram Swaraj, besides Panchayati Raj Act and the subsequent Amendments. He also narrated the role of participatory democracy, self-reliance and voluntary action in the developmental process of any village. “Our dream is to have ‘All Goa Gram Sabha Forum’, hoped Mr. Soter D’Souza. He further stated, “We are trying to generate awareness about uniting people of the village for the cause of village.” He brought to the notice of the gathering about two news leters in English and Marathi published to generate mass awareness about Panchayati Raj.

Questions Raised By Ms. Maria Silvia Fernandes Diniz On Behalf Of South Goa Public Interest Action Group:

1. Panchayat members are ordinarily expected to discharge their duties in office during working days. However, some members insist that grievances be attended by meeting the members at their residence. How can this be checked?

2. Ex- Panchayat members or spouses of Panchayat members act as proxy on behalf of their elected kin. There are also instances where one spouse is the Sarpanch / Deputy Sarpanch while the other is only a member and that members take a decision on behalf of the Sarpanch / Deputy Sarpanch. How can this be checked?

3. During the Gram Sabha, there is no evidence of whether the persons present at the Gram Sabha are electors whose name figures on the electoral rolls of the wards in the Panchayat. How can the presence of unauthorised members be checked?

4. Most of the deliberations at the Gram Sabha are orally conducted. Minutes are written at the spot or thereafter. How can the veracity of the resolutions passed or defeated be recorded in absence of any auto-recording viz. tape recorder?

5. Some times it is observed that once a complaint is filed with the Panchayat through the respective Ward Panch, the Panch fails to take action but insists on the presence of the complainant as well. Mostly out of fear of intimidation or violence such irregularities go unchecked. Is the Panch not liable for action for failure to discharge his / her duties?

6. Government has introduced payments for Panchayat members, yet there are several who are either involved in self-employment or private employment. Can the Government not use the Criminal Investigation Department or the Directorate of Vigilance to check such errant members?

The above questions were raised by neatly writing them on a letterhead by South Goa Public Interest Action Group comprising of Pernem, Bardez, Tiswadi, Ponda, Mormugao, Salcete, Sanguem, Quepem and Canacona talukas. The resource person assured the representatives of the Group that after studying the questions, the answers would be immediately sent to them by post.

Following Were The Concluding Remarks By Prof. Peter D’Souza:

He brought to the attention of those participants who were seeking answers to unrelated questions that this workshop is concentrating mainly on the dimensions of the Gram Sabha in the context of the 73^rd Amendment of the Constitution. While commenting upon state of being poor attendance or no quorum in most of the Gram Sabhas, he appealed the gathering to understand this situation from the historical perspective as a process of continuous evolution. He hoped that the Panchayati Raj Institution is going to be gradually evolved and strengthened. “Usually, every institution begins with good intentions. However, the same looses tempo later on”, said Prof. D’Souza. He further opined “this is a first stage where we find malpractice and manipulations in implementation of Panchayati Raj”. However, he hopefully said that, “now, the second phase is an opportunity for people’s empowerment”. While putting his study on the Panchayat Raj, he narrated success and failure stories by citing concrete cases. He also dealt upon merits and demerits of local self-governance in the form of Panchayat Raj. Taking the discourse further, he explained how besides hindrances like gender, castes, oppressors and land etc., people are still struggling to strengthen the Panchayat Raj institutions in India. He urged the gathering to learn from success stories narrated in the workshop and create awareness building by educating the masses. He reiterated that, “ this workshop is very important, though, this is just a beginning”. He praised the efforts of Peaceful Society and Goa Desc in empowering Gram Sabhas in Goa and urged these organisations to continue with such workshops and consultations in the larger interests of the marginalsed section within village community. The workshop concluded with vote of thanks by Mr. Ulhas Arolkar.

Report by - Ulhas Arolkar

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