Direct Benefit Transfer : A Ray of Hope for the Poor

The Union Government on January 1, 2012 launched its much-awaited ambitious programme-Direct Benefits Transfer (DBT) scheme in 20 districts of the country, with 7 seven schemes under its ambit. DBT is poverty reduction measure in which government subsidies and other benefits are given directly to the poor in cash rather than in the form of subsidies.

Background
About 300 million people in India live under poverty who need economic support in various forms. However, the elaborate network of social security programmes which are now intricately linked to economic sustenance of the poor and ensuring health and education to all through inclusive growth is in danger of being grounded due to leakages and corruption in reaching the benefits to the intended social groups. DBT scheme is significant as it has taken up the challenge of defining a new social security structure which is bold in its vision, sincere in its intentions and has strong transformative potential. It could free up resources which can be used for the provision of more extensive and better quality public services. A study by National Institute of Public Finance and Policy (NIPFP) has estimated that linking of Aadhar with DBT for major programmes of the government such as MNREGS, Food and Fertilizer Subsidy, Sarva Shiksha Abhiyan etc. can lead to huge savings which can be used for other programmes.

Advantages
It can help the government reach out to identified beneficiaries and can plug leakages. Currently, ration shop owners divert subsidized PDS grains or kerosene to open market and make fast buck. Such Leakages could stop. The scheme will also enhance efficiency of welfare schemes. The DBT programme aims that entitlements and benefits to people can be transferred directly to them through biometric-based Aadhaar linked bank accounts, thus reducing several layers of intermediaries and delays in the system. The last mile of the initiative is the most important - the system will allow actual disbursements to take place at the doorstep of the beneficiaries through a dense, interoperable network of business correspondents (BCs) using biometric micro ATM machines. Thus, the yardstick of success is not going to be that the money has reached a bank account, but that it has reached the hands of the intended beneficiary-a student, a pensioner, a widow, an elderly person, a disabled person, a poor family!

How is it implemented?
The money is directly transferred into bank accounts of beneficiaries. Pension payments, scholarships and employment guarantee scheme payments as well as benefits under other government welfare programmes will be made directly to beneficiaries. The money can then be used to buy services from the market.

Disadvantages
Only Aadhar card holders will get cash transfer. As of today, only 21 crore of the 120 crore people have currently Aadhar cards. Two other drawbacks are that most BPL families dont have bank accounts and several villages dont have any bank branches. These factors can limit the reach of cash transfer.

Global Experience
Similar schemes in various forms have been implemented in a number of countries in the world. We have had programmes like Bolsa Familia in Brazil, Oportunidades in Mexico, Samrudhi Kosh in Sri Lanka. This kind of programme has also been launched in Bangladesh, Iran, Namibia and many other countries of Asia and Africa. The cash-transfer of benefits has existed in India too as in case of payment of scholarships, old age pensions etc. But

the importance of this step lies in the fact that the government has for the first time decided to experiment with a paradigm shift in visualizing the future of social security programmes to make them sustainable, targeted and free from wastage and corruption.

7 schemes Under DBT

1. Post-matric scholarship for SC students- 7 districts, 48,000 beneficiaries (Puducherry, Nawanshahr, Fatehgarh Sahib, Gurdaspur, Anantpur, East Godavari, Diu) 2. 3. Pre-matric scholarship for SC Students-1 district, 24,000 beneficiaries (East Godavari) Post-matric scholarship for OBC students-6 districts, 105,000 beneficiaries (Puducherry, Alwar,

Anantpur, East Godavari, Daman, North Goa) 4. 5. Post-Matric scholarship for ST students-3 districts, 4800 beneficiaries (Tuinkur, Waynad, Harda) Indira Gandhi Matrutva Sahayata Yojana-6 districts, 55,000 beneficiaries (Dharwar, Puducherry, NW Delhi, Diu, North Goa, Amravati) 6. 7. Dhanalakshmi Scheme-1 district, 8,000 beneficiaries (Fatehgarh Sahib) Stipend to trainees under the scheme for welfare of SC/ST job seekers through coaching-cum-guidance and vocational training-10 states, 650 beneficiaries (Karnataka, Kerala, Haryana, Punjab, Delhi, Madhya Pradesh, Rajasthan, Andhra Pradesh, Maharashtra, Jharkhand).

India Pakistan Tension

Pakistan High Commissioner Salman Bashir was summoned to the External Affairs Ministry on 9 January 2013 to protest against the killing of two Indian soldiers on the Line of Control (LoC). Pakistan, however, said it was sure the Indian Army started the chain of events and things took a turn for the worse with the death of one of its soldiers and critical injuries to another. In Delhi, Foreign Secretary Ranjan Mathai conveyed to Mr. Bashir India's "deepest concern and protest" over the attack in which the bodies of Indian soldiers were subjected to barbaric and inhuman mutilation." Pakistan was asked to immediately investigate these actions that are in contravention of all norms of international conduct and ensure that these do not recur. The summoning of Mr. Bashir took place a couple of days after Indian Deputy High Commissioner in Pakistan Gopal Bagley was called to the Foreign Office and told that Indian soldiers crossed the LoC. India denied the allegation and claimed its troops undertook "controlled retaliatory firing" after the Pakistani Army shelled an Indian village, damaging a house.Pakistan too denied its soldiers crossed the LoC in dense fog two days later and ambushed Indian troops out on patrol. It, therefore, did not comment on India's charge that the two soldiers were decapitated.Referring to Pakistan's allegation that Indian soldiers raided a check-post in Bagh, Ms. Khar said both countries should investigate these incidents and assist each other if necessary. Both Mr. Khurshid and Ms. Khar stressed need to ensure these incidents do not derail the peace process.

Pakistan steps up protest

Disappointed over the continuing pattern" of ceasefire violations along the Line of Control (LoC), Pakistan on January 11 increased its scale of protest and "summoned" Indian High Commissioner Sharat Sabharwal to

the Foreign Office while reiterating its resolve to remain invested in the peace process. Simultaneously, Pakistan began contacting other countries through their diplomatic missions in Islamabad to present its case and enlist their help in de-escalating tension along the LoC. And though New Delhi made clear its position on an enquiry by the United Nations Military Observers Group in India and Pakistan (Unmogip), Foreign Secretary reiterated that this was the only available mechanism to establish the truth about the ceasefire violations. Pakistan raised its scale of protest after the Army reported that another soldier was killed in cross-LoC firing. The events in Islamabad were also dictated by the strong protest registered by India with Pakistan midweek over a cross-border intrusion by Pakistani troops in which two Indian soldiers were killed. Both sides are one in stating that the LoC ceasefire agreement which has held for much of the 10 years it has been in existence- is the most important confidence building measure between the two countries. Pakistan has emphasized that such unprovoked attacks were against the spirit of the ongoing peace process and not only vitiate the atmosphere but also create unnecessary and avoidable distractions in efforts to bridge the trust deficit.

Cross-LoC travel, trade stop in Jammu

The skirmishes between Indian and Pakistani troops hit trade and travel across the LoC in the Jammu division, even as the activity is still unaffected in the Kashmir Valley. Custodian of the cross-LoC trade at the Trade Facilitation Centre, Chakan-Da-Bagh, Poonch, in the Jammu division, stated that trade and travel had been suspended in the wake of the January 8 firing, in which two soldiers of 13 Rajputana Rifles were killed. While cross-LoC travel had commenced between two parts of Jammu and Kashmir, one controlled by Pakistan and the other by India, in April 2005, cross-LoC trade on a barter basis began in October 2008. In the Kashmir Valley,

Pakistani and Indian authorities have set up their facilitation centres at Chakoti and Salamabad respectively, on either side of the LoC in Uri. They remain open for the cross-LoC bus on Monday and for trade from Tuesday to Friday. A relatively small facility has been in place at Teetwal in the Tangdhar area. It, however, remains suspended for six months due to heavy snow and inclement weather on the Sadhna Pass, which connects the Valley to Tanghdar. The TFC at Chakan-Da-Bagh follows the same schedule as in Uri.

Flag meeting fails to break the ice

The Indian Army's brigade level meeting with the Pakistani authorities at Chakan Da Bagh on the LoC ended in a fiasco on January 14. The meeting on the Zero Line between Commander of the 10th Brigade, Brig T.S. Sandhu and his Pakistani counterpart, also joined by over a dozen of the field commanders from the two sides, lasted barely 15 minutes. Brig Sandhu is understood to have conveyed India's deep outrage over the brutal killing of the two soldiers of 13 Rajputana Rifles, allegedly by a joint Border Action Team of Pakistan's 29 Balouch regiment commandos and militants of Lashkar-e-Taiba outfit, during the course of patrolling near Chattri post in Mendhar area of Krishna Ghati sector on January 8. Brig. Sandhu made it clear to the other side that India reserved the "right to retaliate" until Pakistan apologized publicly and returned the severed head of Lance Naik Hemraj and the weapons looted from the two slain soldiers. The Pakistani delegation, according to sources, refused to admit that there had .been any violation of the ceasefire or "intrusion/ aggression" from across the LoC.

Verma Panel Report On Sexual Violence

The Justice Verma Committee, formed to look into crimes against women, on January 23, 2013 ruled against recommending the death penalty even in the rarest of the rare rape cases, and also did not favour lowering the age of a juvenile from 18 to 16. The committee, which was tasked with suggesting legal reforms to deal with sexual assault cases, however said the minimum sentence for a rapist should be enhanced from 7 years to 10 and that life imprisonment must always mean jail for the entire natural life of the convict. It has also recommended forming a new constitutional authority like the CAG for dealing with issues related to education and non-discrimination of women and children. Presenting the report on 'Amendments to Criminal Law", Mr. J.S. Verma said at a time when there were talks of abolishing the death sentence, the committee has "enhanced the punishment to mean the remainder of life". An overwhelming majority of scholars and women's organizations told the committee they were strongly against death penalty. After the gang rape and death of the Para-medical student in Delhi in December 2012 that led to a nationwide uproar, Union Home Minister Sushil Kumar Shinde had said that the government favored death sentence in the rarest of the rare rape cases. He had then announced formation of a three-member committee headed by the former Chief Justice of India, with former Chief Justice of Himachal Pradesh Justice Leila Seth and former Solicitor General of India Gopal Subramaniam as its members. According to the Working Group on Human Rights, the murder rate has declined consistently in India over the last 20 years despite the slow-down in the execution of death sentences since 1980. Hence we do take note of the argument that introduction of death penalty for rape may not have a deterrent effect, the Committee recommended. The Committee also said that in the proposed Criminal Law Amendment Bill, 2012, the minimum sentence for punishment for rape should be enhanced to a minimum of 10 years (currently it is 7 years) with maximum, punishment being life imprisonment. The Committee said castration would be unconstitutional and inconsistent with basic human rights treaties to expose any- citizen without their consent to potentially dangerous medical side effects. On the issue of reducing the age of a juvenile from 18 to 16, Mr. Verma said; "Assuming that a person at the age of 16 is sent to life imprisonment, he would be released sometimes in the mid-30s. There is little assurance that the convict would emerge a reformed person." The Committee has criticized lack of reformatory and rehabilitation policies in jails and juvenile homes. Unlike the existing life sentence in which the convict is likely to be released after 14 years, at the discretion of the government, the Verma Committee's alternative would statutorily bar him from being released for 20 years or for "the rest of that persons natural life". This new variety of long life or whole life sentence has been recommended for aggravated forms of sexual assault: rape causing death or persistent vegetative state, gang rape, repeat offenders of rape, rape of an underage person followed by death or coma, trafficking by a public servant or of a minor. In another innovation, the committee has proposed that in the case of several sexual offences, besides being awarded imprisonment, the convict should be rendered "liable to pay compensation to the victim, adequate to meet, at least the medical expenses incurred by the victim. New offences defined by the committee include voyeurism, stalking, acid attack and, most significantly, breach of command responsibility'', which makes senior officers of the police and security forces accountable for the sexual

crimes committed by their subordinates. The committee has also attacked some of the patriarchal features of the existing statute - the existing law penalizes marital rape only if the wife is the wife is below 15 years of age.

Harsher Punishment, New Offences

Justice Verma panel rejects death penalty for rape, retains existing punishment of 7 years to life sentence (in which convict may be released after 14 years at governments discretion) But if rape causes death or leaves victim in vegetative state, imprisonment should be 20 years to rest of convicts life Punishment for gang rape to be 20 years to rest of convicts life. If gang rape causes death or leaves victim in vegetative state, convicts should be jailed for the rest of their lives. Same punishment for repeat offenders. If victim is a minor, panel recommends minimum 10 years jail, going up to life sentence. If minor dies during rape or is reduced to a vegetative state, sentence should range from 20 years to rest of convicts life. Marital rape to be recognized as an offence for women of all ages. Panel for recognizing new offences, such as disrobing a woman, trafficking & stalking. Introduces offence of 'breach of command responsibility, making a senior officer of security forces liable to jail of 7-10 years if subordinates commit rape. 'Intentional touching' to constitute offence of sexual assault with maximum punishment of 5 years. Panel doesn't recommend lowering juvenile age but wants juvenile justice system strengthened.

For Armymen, Ordinary Law: The Justice J.S. Verma Committee, set up to suggest amendments to laws
relating to crimes against women, has recommended review of the continuance of the Armed Forces (Special Powers) Act (AFSPA) in the context of extending legal protection to women in conflict areas. In its report submitted to the Union Home Ministry committee member Gopal Subramaniam said going by the testimonies of the people from Jammu and Kashmir, Chhattisgarh Odisha, Andhra Pradesh and the North-East, it was evident that there was a pressing need to try armed forces personnel guilty of sexual offences in conflict areas under the ordinary criminal law. Taking cognizance of the complaints and reports of sexual assaults on women by men in uniform and the civil society's demand for repeal of the AFSPA, the committee recommends an immediate resolution of "jurisdictional issues." Simple procedural protocols must be put in place to avoid situations where the police refuse to register cases against paramilitary personnel. It cited the Supreme Court's recent observation that security forces should not be able to take cover under the AFSPA in cases of rape and sexual assault. "Systematic or isolated sexual violence, in the process of Internal Security duties, is being legitimized by the Armed Forces Special Powers Act, which is in force in large parts of our country," the committee said. Stressing that women in conflict areas were entitled to all the security and dignity that was afforded to citizens, in any other part of the country, the committee recommended bringing sexual violence against women by members of the armed forces or uniformed personnel under the purview of ordinary criminal law; taking special care to ensure the safety of women who are complainants and witnesses in cases of sexual assault by the armed forced; and setting up special commissioners for women's safety and security in all areas of conflict in the country.

The commissioners must be vested with adequate powers to monitor and initiate action and initiate criminal prosecution. Care must be taken to ensure the safety and security of women detainees in police stations, and women at army or paramilitary check points. It also recommended strict adherence to laws related to detention of women during specified hours of the day. It said measures to ensure their security and dignity would not only go a long way in providing women in conflict areas their rightful entitlements, but also restore their confidence in the administration.

Khap Panchayats: Coming down heavily on 'khap panchayat, the Committee said means adopted by them
have assumed "unreasonable proportions" and asked the government to ensure such bodies do not interfere with choices made by people regarding marriage. It asked the State to ensure that these institutions should not interfere with the choices made by men and women in respect of marriage, as emphasized by the Supreme Court. The Committee said actions of khap panchayats are extremely relevant for its consideration in the context of crime against women, since one of the most prevalent practices to enforce writ was honour killing.

On Juveniles' age: Standing firmly against lowering of the age criteria for juveniles accused of heinous crimes
including rape, the Justice J.S. Verma Committee report on Amendments to Criminal Law has noted that "the Juvenile Justice Act has failed miserably to protect the children in the country. We cannot hold the child responsible for a crime before first providing to him/ her the basic rights given to him by the Indian Constitution." The report recommended the creation of a new constitutional authority akin to the Comptroller and AuditorGeneral for education and non-discrimination in respect of women and children.