NAC Meetings

Sl.No. Date of Meeting

27th September, 20131.

30th August, 20132.

26th July, 20133.

28th June, 20134.

26th April, 20135.

26th February, 20136.

28th January, 20137.

21st December 20128.

30th November 20129.

26th October, 201210.

24th August, 201211.

06th July, 201212.

23rd May, 201213.

20th April, 201214.

21st March, 201215.

16th January, 201216.

29th November, 201117.

21st October, 201118.

28th July, 201119.

22nd June, 201120.

25th May, 201121.

28th April, 201122.

24th March, 201123.

26th February, 201124.

21st January, 201125.

10th January, 201126.

26th November, 201027.

23rd October, 201028.

24th September, 201029.

30th August, 201030.

14th July, 201031.

01st July, 201032.

10th June, 201033.

NAC Meetings http://nac.nic.in/meetings.htm

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NATIONAL ADVISORY COUNCIL GOVERNMENT OF INDIA

Press Release 10th June, 2010

1. The National Advisory Council (NAC) was constituted vide order dated 29 March 2010. The Members were notified vide order dated 31 May 2010.

2. The first meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 10 June 2010, at 2 Moti Lal Nehru Place, New Delhi.

3. A presentation was made by the Secretary NAC, Dr. Rita Sharma.

4. All members namely, Prof. M.S. Swaminathan, MP, Dr. Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Shri N.C. Saxena, Dr. Shiva Kumar, Shri Deep Joshi, Ms. Anu Agha, Ms. Farah Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee, attended the meeting. In addition, Smt Rita Sharma Secretary, Sri. K.Raju Joint Secretary and Sri. Dhiraj Srivastava OSD attended the meeting

5. Chairperson, Smt. Sonia Gandhi acknowledged the contribution of the

earlier NAC especially towards enactment of the Right to Information (RTI) Act and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). These laws had enhanced transparency and accountability in administration and promoted the UPA government’s agenda for ‘inclusive growth’. Chairperson observed that people have high expectations from NAC and that it shall be the firm endeavor of NAC to work sincerely and with dedication.

6. The members agreed that the work of the NAC would be to provide

policy and legislative inputs to Government with special focus on social policy and the rights of disadvantaged groups. The NAC would also give attention to the broad priority areas outlined in the President’s speech to the Parliament on 4th June 2009. In addition, the

NAC would review the Flagship programs of the Government and suggest measures to address constraints in their implementation

7. The Members of the NAC agreed that the primary focus ought to be

on the pro-poor programmes and that the council’s recommendations to the government, should as far as possible, be specific and result oriented which would facilitate further expeditious action in this behalf.

8. The secretariat of the Council will facilitate wider consultations

involving the NAC members, experts from outside, expert institutions and Ministries of Government of India on the issues taken up for consideration by the NAC

9. The members have decided to focus on the following areas.

Food security Bill Natural resource management including revitalization of Agriculture. Development of Scheduled castes and Scheduled Tribes Welfare of minorities Communal violence Bill Poverty elimination and employment generation Land Rights and Land Reforms Right to Education. Disadvantaged children Health security and medical insurance Social security and safety net for the disadvantaged groups Urban poverty Development of North East Region Spl Component plan for Scheduled Castes and Tribal sub plan for Scheduled Tribes

10. The Chairperson decided to hold the next meeting of the NAC on 1st July to consider the issues relating to the proposed Food Security Bill.

11. The Chairperson and Members of the NAC also called on the Prime Minister. PM has acknowledged the historic role played by NAC in UPA- I, in giving input to Right to Information Act and Mahatma Gandhi National Rural Employment Guarantee Act. PM expressed confidence that the NAC members endowed with wisdom, experience in diverse areas of social development, knowledge of grassroots

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realities and tremendous zeal will be able to assist the Government in taking the fruits of development to the vulnerable sections of our society.

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NATIONAL ADVISORY COUNCIL

GOVERNMENT OF INDIA

Press Release 1st July, 2010

1. The second meeting of the National Advisory Council was chaired

by Smt. Sonia Gandhi on 1st July 2010, at 2 Moti Lal Nehru Place,

New Delhi.

2. All members namely, Prof. M.S. Swaminathan, MP, Dr. Ram

Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon,

Dr. Jean Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Shri N.C.

Saxena, Dr. Shiva Kumar, Shri Deep Joshi, Ms. Anu Aga, Ms.

Farah Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee,

attended the meeting. In addition, Smt Rita Sharma Secretary, Sri.

K.Raju, Joint Secretary and Sri. Dhiraj Srivastava, OSD attended

the meeting.

3. Secretary NAC apprised the Council the work carried out by the

NAC Working Groups on National Food Security Bill and

Communal Violence Bill.

4. The NAC Working Group on Communal Violence Bill had held

consultations with senior officials of Ministry of Home Affairs,

Legislative Affairs, and representatives of anti-communal groups

on certain issues concerning the Communal Violence Bill.

5. The Working Group on National Food Security Bill had held

consultations with senior officials of Dept of Food and Public

Distribution, Dept of School education and Planning Commission

to discuss in depth, scope of the proposed Bill, the entitlements to

be provided in the Bill, the target group and the implementation

issues. The NAC members also met with the Right to Food

Campaign group to take input from civil society groups working on

Food and nutrition security.

6. Prof MS Swaminathan and Mr Harsh Mander made presentations

highlighting the need for moving for universal entitlements under

the National Food Security Act, duly focusing on efforts towards

increasing overall availability of food grain through the stepping up

productivity of agriculture and also larger procurement of

foodgrains. The Working Group advised that special care should

be taken to cover the poorest among the poor namely,

disadvantaged groups such as the aged, the infirm, the destitute, the

homeless, the differently-abled, street children, primitive tribes and

persons suffering from debilitating diseases such as tuberculosis,

HIV AIDS and leprosy. The need for systemic reforms to improve

the functioning of PDS was also emphasized.

7. It was decided that both the Working Groups will continue their

consultations with other stake-holders and submit their

recommendations to NAC in the next meeting.

8. The council’s website (www:nac.nic.in) has been operationalised.

National Advisory Council

Government of India

Press Release 14 July, 2010

1. The third meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 14 July 2010 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting are Prof. M.S. Swaminathan, MP, Dr.

Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean

Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Shri N.C. Saxena, Dr. A.K. Shiva

Kumar, Shri Deep Joshi, Ms. Anu Aga, Ms. Farah Naqvi, Shri Harsh Mander, Ms.

Mirai Chatterjee. Ms Rita Sharma Secretary NAC, Mr K.Raju Joint Secretary NAC

and Mr Dhiraj OSD NAC were also present.

3. The Chairperson welcomed the Members.

4. The Working Group on the proposed National Food Security Bill made a

presentation. The NAC deliberated on the proposal of the Working Group and

reached an initial agreement on the following:

4.1. While time-bound universalisation of foodgrain entitlements across the

country may be desirable, initial universalisation in one-fourth of the most

disadvantaged districts or blocks in the first year is recommended, where

every household is entitled to receive 35kgs per month of foodgrains at Rs 3 a

kg.

4.2. In the remaining districts/blocks, coverage of universal PDS with

differentiated entitlements (in terms of quantity and issue price), would

progressively be expanded to all rural areas in the country over a reasonable

period of time. There shall be a guarantee of 35 kgs of foodgrains per

household at Rs 3 a kg for all socially vulnerable groups including SC/STs,

and 25 kgs for all others, at an appropriate price. There would also be a

category that would be excluded based on transparent and verifiable criteria.

Further details of this basic framework will be formulated by the NAC.

4.3. In urban areas, eligible households (identified by criteria developed by the

Planning Commision based on the recommendations of the Hashim

Committee), including slum-dwellers and the homeless, will be entitled to 35

kg per month at Rs 3 a kg.

4.4. Existing allocations for APL in the remaining districts/blocks should not

be reduced.

4.5. Comprehensive nutrition support schemes for infants, pre-school children,

school children, welfare hostel students, adolescent girls, pregnant women,

street-children, homeless, the aged and infirm, differently-abled, those living

with leprosy, TB and HIV/AIDS etcc., together with community kitchens and

destitute feeding will be initiated throughout the entire country.

5. The NAC has decided that the Working Group on Food Security will

undertake further work on measures for enhancing agriculture production, PDS and

procurement reforms, ICDS reforms and maternity benefits, community kitchens and

destitute feeding. It would look at systems of oversight, transparency, accountability

and grievance reddressal.

6. The Working-group will prepare a draft Bill based on this framework.

7. The Working Group on the Communal Violence Bill, presented the proposals

of the Group, highlighting the salient features of the proposed Bill. The objective of

the Bill, it was emphasized, was not to empower the State and Central Government

but to ensure action and accountability of public authorities, for the prevention and

control of communal & sectarian violence which threatens the physical, social,

economic, cultural, political and human security of citizens and the unity and secular

fabric of the Nation; the speedy investigation, prosecution and punishment of those

engaging in communal and sectarian crimes; justice and security to victims and

survivors; the guarantee of the rights of the victims and survivors to comprehensive

rescue, relief, rehabilitation compensation restitution and reparation.

8. The NAC supported these principles.

9. It was felt that the current Draft Bill does not fulfil the stated objectives and

could not accommodate the various features essential for the achievement of these

objectives. Some of these essential features included widening the scope of the law to

include sectarian violence, definitions of new crimes, setting up of National

Authority, ensuring greater accountability of public authorities, stipulation of national

norms from rescue to restitution, specifying compensation norms and ensuring victim-

witness rights.

10. It was agreed in the NAC that there was a need to draft a fresh law on the

subject that would reflect the letter and spirit of the stated objectives. The Working

Group would consult with the legal experts for this purpose.

Government of India National Advisory Council

30th August, 2010

1. The fourth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 30th August, 2010 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan,

MP, Dr. Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Shri N.C. Saxena, Dr. A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh Mander, Ms. Mirai Chatterjee.

3. A presentation was made by Shri Harsh Mander, convenor of the

Working Group on National Food Security Bill, detailing the Working Group’s proposal. The proposal highlighted various components of the Food Security Bill, namely, (i) Inclusive and Enhanced PDS; (ii) Child and Maternal Nutrition and (iii) Special Programmes for Destitute and Vulnerable groups, (iv) PDS Reforms and (v) Enabling Provisions.

4. NAC discussed the proposal of the Working Group and agreed to

continue further consultations on the subject.

5. Ms Farah Naqvi, convenor of the Working Group on Communal Violence Bill appraised the status of re-drafting of the Communal Violence Bill. The Working Group has constituted a Drafting Committee (DC) and an Advisory Group (AG). Details are available on the NAC website (http://nac.nic.in) including a dedicated email ID for citizens’ submissions.

6. The next meeting of the NAC is scheduled to be held on 24th Sept,

2010.

PRESS RELEASE

PRESS RELEASE

Government of India National Advisory Council

24 September, 2010

1. The Fifth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 24th September, 2010 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan,

MP, Dr. Ram Dayal Munda, MP, Prof. Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Ms. Aruna Roy, Ms Anu Aga, Shri N.C. Saxena, Dr. A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee.

3. A presentation was made by Shri Harsh Mander, convenor of the

Working Group on the framework of proposed Right to Food Security Bill detailing the Working Group’s proposal.

4. Deputy Chairman, Planning Commission, Shri Montek S Ahluwalia,

Secretary (Food & Public Distribution), Smt. Alka Sirohi, Secretary (Women & Child Development), Dr D.K. Sikri, and Secretary (Housing & Urban Poverty Alleviation), Ms Kiran Dhingra made presentations, placing the viewpoint of the Planning Commission and respective Ministries/Departments.

5. The Working Group took note of the issues which emerged from the

discussion. A further round of discussions is to take place before the proposal of the Working Group could be finalised.

6. The next meeting of the NAC is scheduled to be held on 23 October,

2010.

Government of India National Advisory Council

23rd October, 2010

1. The Sixth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 23rd October, 2010 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan, MP, Dr. Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Shri N.C. Saxena, Dr. A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh Mander and Ms. Anu Aga.

3. NAC discussed in detail the proposal of the Working Group on National Food Security Bill. Recognizing the need to address the problems of hunger and malnutrition, the NAC finalised its recommendations as follows:

• Legal entitlements to subsidised foodgrains should be extended to at least 75% of the country’s population – 90% in rural areas and 50% in urban areas.

• The priority households (46% in rural areas and 28% in urban areas) should have a monthly entitlement of 35 kgs (equivalent to 7 kgs. per person) at a subsidised price of Re. 1 per kg for millets, Rs. 2 for wheat and Rs.3 for rice. Rural coverage can be adjusted state-wise based on the Planning Commission’s 2004-5 poverty estimates.

• The general households (44% in rural areas and 22% in urban areas) should have a monthly entitlement of 20 kgs (equivalent to 4 kgs. per person) at a price not exceeding 50% of the current Minimum Support Price for millets, wheat and rice.

• The minimum coverage and entitlements as well as prices should remain unchanged at least until the end of the XII Five Year plan.

• Government of India should specify the criteria for categorisation of population into priority and general households.

• The NAC recommends that in the first phase, food entitlements should be extended to 85% of the rural population and 40% of the

Gist of decisions

urban population. Full coverage of food entitlements as enumerated above should be extended to all by March 31, 2014.

• Other important components of the food security bill recommended by the NAC include legal entitlements for child and maternal nutrition (including nutrition programmes for pre-school children, pregnant and nursing mothers, maternity benefits and mid-day meals for school children) as well as for community kitchens and programmes for feeding destitute and vulnerable groups. For the new components programmes will need to be developed as soon as possible.

• For further advancing food and nutritional security, the NAC has recommended as enabling provisions, among other things, measures for revitalizing agriculture, diversifying the commodities available under the Public Distribution System (PDS), ensuring universal access to safe water and proper sanitation, universalizing primary health care, extending nutrition and health support to adolescent girls, strengthening the school health programme, the programme for Vitamin A, iodine and iron supplementation and the national programme for crèches.

• An essential aspect of the PDS reform should be to plug leakages and enhance accountability. The NAC is examining proposals for PDS reforms including (i) decentralised procurement and storage; (ii) de-privatization of PDS outlets; (iii) doorstep delivery of grain to PDS outlets; (iv) revision of PDS commissions; (v) Application of ICT including end-to-end computerization of the PDS (vi) full transparency of records (including pro-active disclosure, transaction-based MIS, right of immediate inspection, and mandatory social audits) (viii) use of Smart Cards and biometrics subject to successful pilots.

• The NAC Working Group on Food Security will draft the National Food Security Bill for consideration of the Council.

4. The NAC also discussed the practice of manual scavenging in the country and decided to recommend to the government as follows:

• The NAC is deeply distressed to observe that the shameful practice of manual scavenging persists in India, despite being outlawed. This practice involves entrapping women, men and even children only because of the accident of their birth, into a humiliating vocation of gathering human excreta from individual or community dry toilets with bare hands, brooms or metal scrapers. It is intolerable that this endures, and is the worst surviving symbol of untouchability. The persistence of dry latrines in various parts of the country violates of human dignity, the law and articles 14, 17, 21 and 23 of the Constitution.

• In 1993, Parliament passed the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, which declared the employment of scavengers or the construction of dry (non-flush) latrines to be an offence punishable with imprisonment for up to one year and a fine of two thousand rupees. But central, state and local governments have been very weak in implementing this law, and almost no one has been punished under this law in 17 years. Local bodies themselves routinely run dry toilets, and employ people of specific castes to clean these manually.

• One basic problem so far is that the effort has been viewed by governments more as an issue of sanitation, than of issue of human dignity as guaranteed to all citizens in the Preamble of the Constitution.

• The NAC urges the central government to coordinate with all state, local governments and also central government departments including the Railways, to ensure that this practice is fully abolished latest by the end of the 11th Plan period. This would require a) new survey in every state and UT, with wide public involvement, of remaining dry latrines and manual scavengers; b) demolition of all dry latrines; c) psycho-social and livelihood rehabilitation in modern marketable skills of all manual scavengers and their families; and d) special programme for education, including higher education and computer education of all children of manual scavengers. The Ministry of Social Justice should formulate 100% centrally sponsored scheme to support the rehabilitation initiatives. The law also needs to be amended to ensure shaper definitions of manual scavenging, and accountability of public officials who employ, or fail to prevent, manual scavenging.

• The NAC recommends that the implementation of this law should be monitored at the highest levels of the central and state governments.

The NAC will also monitor on a quarterly basis the progress in abolition of manual scavenging, in order to ensure the final end of this most degrading practice of caste discrimination.

• The next meeting of the NAC is scheduled to be held on 26th November 2010.

Addendum to the Gist of Decisions of 6th NAC meeting dt 23rd October, 2010

Smt. Aruna Roy, convener of the Working Group on Transparency, Accountability and Governance presented the Group’s recommendations on the following issues concerning Mahatma Gandhi National Rural Employment Guarantee Act; 1. Payment of wages to the workers 2. Social auditing of Mahatma Gandhi NREGA 3. Securing the entitlements guaranteed under Mahatma Gandhi NREGA NAC deliberated on the recommendations of the Working Group. There was general agreement that workers should be paid minimum wages as notified under Minimum Wages Act 1948. NAC has decided to hold inter-ministerial consultations to facilitate an early resolution of the issues concerning payment of wages to the workers under Mahatma Gandhi NREGA. Shri Madhav Gadgil, convenor of the Working Group on Tribal Development presented the progress made by the Group on Tribal Development. Based on the national level consultations held on 7th September, 2010 and subsequent meeting of the Working Group, the priority areas identified are as detailed below. 1. Review and make recommendations for effective implementation of Extension of

Panchayat Raj to Scheduled Areas (PESA) and Scheduled tribes and other traditional Forest Dwellers (Rights over Forests) Act

2. Review policies on displacement and rehabilitation of tribals NAC decided to identify and focus on critical issues that require immediate attention, for appropriate policy recommendations.

Government of India National Advisory Council

26 November, 2010

1. The seventh meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 26 November, 2010 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan, MP,

Dr. Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Ms Anu Aga, Shri N.C. Saxena, Dr. A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee.

3. A presentation was made by Shri Harsh Mander, convenor of the

Working Group on the framework of a Draft Bill. It is work in progress and the NAC will continue its deliberations at its next meeting.

4. NAC has agreed to constitute a Working Group of its Members to look at issues pertaining to Denotified and Nomadic Tribes. NAC also decided that the NAC Working Group on Transparency and Accountability will examine proposed Amendments to RTI Rules.

5. Ms Farah Naqvi, Convenor of the NAC Working Group on Communal Violence Bill apprised the NAC on the work done so far.

6. The next meeting of the NAC is scheduled to be held on 21st December,

2010.

PRESS RELEASE

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Government of India National Advisory Council

10 January 2011

1. The eighth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 10th January, 2011 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan, MP, Prof

Narendra Jadhav, Dr. Jean Dreze, Ms. Aruna Roy, Shri Madhav Gadgil, Ms Anu Aga, Shri N.C. Saxena, Dr. A.K. Shiva Kumar, Ms. Farah Naqvi, and Ms. Mirai Chatterjee.

3. As a first step towards preparation of the draft National Food Security Bill

(NFSB), a Note was presented by the Working Group. The Note was based on the earlier recommendations made by the NAC in its meting on 23rd October 2010. After deliberations the Council suggested that the Note be supported with more analytical content. The revised note may be placed before the NAC at its next meeting.

4. (i) The NAC commended the initiative taken by the Government towards

enactment of the Protection of Women against Sexual Harassment at Workplace Bill, 2010. However, Members felt that exclusion of domestic workers from the purview of the Bill enhances their vulnerability and denies them protection from abuse. Most domestic workers are poor, illiterate, unskilled and come from vulnerable communities and backward areas. They are underpaid and ill-treated as domestic work is undervalued and poorly regulated. Their work place being the confines of private homes, domestic workers, especially live-in workers, are prone to sexual harassment and abuse, without access to any complaint mechanism or remedial measures.

4(ii) Further, given the fear of reprisal, which routinely prevents women from coming forward to seek protection against sexual harassment at the work place, the safeguards provided to them by this Bill are weakened by the inclusion of Clause 14 (Punishment for false or malicious complaint and false evidence), which might deter victims from seeking protection of the proposed legislation. The internal complaints committees or local committees under this Bill, along with several provisions of other existing laws, provide adequate safeguards against false and malicious prosecution and defamation.

4(iii) NAC therefore recommended (i) extending protection of the proposed legislation to domestic workers; and (ii) removal of Clause 14 from the proposed legislation. Additionally, to ensure transparency in the functioning of the District officer, the NAC also recommended that (iii) clear guidelines be incorporated in the proposed legislation for the District officer in constituting and functioning of the

PRESS RELEASE

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local complaints committee in the proposed legislation (for those situations or small institutions where no internal complaints committee can be constituted).

4(iv) NAC also decided to constitute a Working Group of its Members to evolve an integrated and holistic approach to provide safeguards and security to domestic workers.

5. (i) Shri Madhav Gadgil, Convenor of the NAC Working Group on Tribal Development made a detailed presentation on issues pertaining to implementation of the Forest Rights Act. The Working Group has suggested amendments to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules. The proposed amendments have been sent to Ministries concerned for their comments. 5(ii) The NAC noted that the Scheduled Tribes and other Forest Dwellers (Recognition of Forest Rights) Act passed in 2006 was a landmark legislation that aimed to undo the historical injustice done to tribals and other forest dwellers by non recognition of their forest rights. However, implementation of this Act has suffered from a number of problems. 5(iii) The presentation covered issues related to (a) individual land rights, (b) forest management, (c) Minor Forest Produce Rights and (d) role of Gram Sabhas especially with respect to diversion of land for development projects and (e) monitoring and grievance redressal. The recommendations will be finalised after receiving comments from the concerned Ministries.

6. Smt. Aruna Roy, Convenor of the Working Group on Transparency & Accountability & Goverrance briefed the NAC on the deliberations of the Working Group on the Amendments to RTI Rules proposed by the Government. The Working Group has provided comments on the proposed Amendments to RTI rules. The suggestions of the Working Group have been communicated to the Department of Personnel & Training (DOPT). This is work-in-progress and will be taken up after comments are received from the DOPT.

7. There was general agreement that the nutrition support guaranteed to children under the Integrated Child Development Services (ICDS) is integral to any Food Security initiative. The need for revamping the ICDS delivery systems was emphasised. Dr. N.C Saxena, Member made a presentation on Child Malnutrition and ICDS. After discussions, NAC decided to constitute a Working Group on ICDS Reforms.

8. The next meeting of the NAC is scheduled to be held on 21st January, 2011.

Government of IndiaNational Advisory Council

21 January 2011

1. The Ninth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 21st January, 2011 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof Narendra Jadhav, Dr. Jean Dreze, Ms. Aruna Roy, Naresh Saxena, Ms Anu Aga, Shri Deep Joshi, Ms Farah Naqvi, Shri Harsh Mander and Dr A.K. Shivakumar.

3. Shri Harsh Mander, Convenor, Working Group on NFSB presented a detailed framework note summarising all the recommendations of NAC covering the main features of the proposed National Food Security Bill. NAC approved the Framework Note. Further, it decided that before the Draft Bill is taken up for consideration by the NAC, the approved Framework Note shall be placed on the website inviting comments.

4. On the issue of social inclusion under the proposed NFSB, it was reiterated that Government of India shall specify the criteria for categorization of population into "priority" and "general" households. The proposed NFSB provides for mandatory inclusion of highly vulnerable groups, as given below, to protect these groups from exclusion errors. These Groups also from part of the recommendations of the Saxena Committee Report submitted to the Ministry of Rural Development in August, 2009:

i. Households “Particularly Vulnerable Tribal Groups” (PTGs).ii. Designated most discriminated against SC Groups, called

“Maha Dalit Groups’ if so identified by the stateiii. Single women headed households.iv. Households with disabled person as bread earner.v. Household headed by a minor.vi. Destitute households which are dependent predominantly

on alms for survival.vii. Homeless households.viii. Any member of the household is bonded labourer.

In this regard, it was agreed in the NAC, that after the inclusion of these categories, the highest priority should be given to the inclusion of Scheduled Castes and Scheduled Tribes in the identification of “Priority groups" under the NFSB. This recommendation will be communicated to the Government.

5. The Department of Personnel and Training (DOPT) sent their comments to the issues raised by the Working Group on Transparency, Accountability and Governance on the proposed amendments to the RTI Rules. Responses to the comments of the DOPT were presented by Ms. Aruna Roy, Convener of the

Working Group. The NAC after discussion proposed a consultation with the DoPT before finalising its recommendations.

6. In its last meeting, the NAC constituted a Working Group on ICDS Reforms. Joint Covenor of the Working Group, Dr. A.K. Shivakumar, briefed the NAC on the proposed course of action by the Working Group.

7. The next meeting of the NAC is scheduled to be held on 26 February, 2011.

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Government of India National Advisory Council

26 February 2011

1. The Tenth meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 26th

February, 2011 at 2 Motilal Nehru Place, New

Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan, MP,

Dr. Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon,

Dr. Jean Dreze, Shri Madhav Gadgil, Ms. Aruna Roy, Ms Anu Aga,

Dr.A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh

Mander and Ms. Mirai Chatterjee.

3. Shri Harsh Mander, Convener, Working Group on National Food Security

Bill (NFSB) informed the members that a detailed Framework Note and

an Explanatory Note covering the main features of the proposed National

Food Security Bill has been placed on the website to invite comments

from public by 7th

March 2011. The Working Group will prepare a draft

National Food Security Bill after taking into account the feedback

received.

4. The Convener of the Working Group on Tribal Development, Shri

Madhav Gadgil presented a set of recommendations for effective

implementation of the Scheduled Tribes and Other Traditional Forest

Dwellers (Recognition of Forest Rights) Act, 2006. The NAC noted that

the Act was a landmark legislation that aimed to undo the historical

injustice done to tribals and other forest dwellers by non-recognition of

their forest rights. However, it has not yet succeeded fully in achieving its

objectives, because of some difficulties in implementation.

5. The difficulties in implementation of this Act have resulted in the majority

of claims by forest dwellers in many States being rejected: in some States,

rejection rates are higher than 60%. The failure to recognize community

rights, especially to minor forest produce, have been even more

widespread. Due process in deciding on the claims has been compromised

in many cases, and specific documentary evidence is being insisted upon,

contrary to the letter and spirit of the law. The gram sabhas are not being

held at the village or community level as required by the law, and where

these are held, their recommendations are often not given sufficient

weight.

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6. Despite these implementation problems, the National Advisory Council

believes that the basic Act is robust. It requires a few small amendments

to the Rules, but mainly what NAC recommends is that the Tribal Welfare

Ministry, Government of India, exercises its powers under Section 12 of

the Act, to issue instructions to all States, in the form of operational

guidelines, to plug the loopholes. The purpose of these recommendations

is to ensure that the key features of this law – the democratic process of

recognizing rights, the protection to a range of livelihood rights, and the

powers of communities to protect and conserve forests – are not

undermined.

7. The NAC recommends that the following operational guidelines should be

issued by the Central Government under Section 12:

a. The Act provides inquiry and verification of claims through the

gram sabhas, to be called at the level of actual villages or

communities. However, in practice, gram sabhas for the Act have

been called mostly at the panchayat level. These larger panchayat

sabhas usually include several villages spread over a wide area.

These sabhas do not correspond to actual communities and there

can be little local knowledge of people’s actual possession and

usufruct. Therefore, the first clarification required in the

operational guidelines is that gram sabhas should be called at the

level of actual compact settlements of the hamlet or village. The

NAC recommendations provide both the procedure for enlisting

villages and manner to conduct the gram sabhas.

b. The Act provides for due process in investigating claims as well as

transparent an participatory procedures. It also ensures the

admissibility of diverse forms of evidence, recognizing that many

official records may not accurately record the claims of tribal

people. In practice, these requirements are often not adhered to,

leading to high rejection rates of claims. Claims are often rejected

at sub-divisional or district levels without hearing the claimant,

which is contrary to principles of natural justice. Officials also

often seek documentary evidence, rejecting other evidence which is

admissible by the law. These need to be prevented through

operational guidelines.

c. The Act recognized the legal right of communities to conserve and

manage forests. However, no specific procedures have been

prescribed to claim and recognize community forest resource

rights. NAC proposes insertion of new rules to facilitate

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communities to access these rights and enjoy them meaningfully.

Further the proposed guidelines explicitly bar eviction, forced

relocation or diversion of forest land in violation of people's rights,

or where the gram sabha has not certified the process to be

complete

d. Since the Act has given rights over Minor Forest Produce (MFP)

to people, there is a need to provide guaranteed minimum support

price to the collectors with freedom to sell either to state agencies

or outside. The state agencies should widen and expand the

procurement net to cover all forms of MFP. The Ministry of

Environment and Forests is advised to review its practice of leasing

of minor forest produce (such as bamboo) and evolve practices

which are in consonance with the letter and spirit of the Act

e. The recommendations also cover the need to promote awareness

and facilitate people to continue filing claims by removing

deadlines, the removal of procedural obstacles to recognition of

other community rights, and the need for effective monitoring and

grievance redressal.

8. The NAC has also proposed some changes in the Rules. The first set of

changes in Rules that are proposed by NAC are in Rule 4(2), is to increase

the mandatory tribal membership of Forest Rights Committees, which is

the body that inquires into claims, from the present one-thirds to two-

thirds. Rule 3(1) which requires a quorum of two-thirds in the gram sabha

meetings is proposed to be amended to reduce quorum to a more realistic

one-half, so that gram sabha meetings are not adjourned in large numbers

merely for want of quorum.

9. The second set of changes in Rules proposed by NAC is to Rules 2 (b) and

(d). At present, Rule 2(b) recognizes the rights of forest dwellers to minor

forest produce for “sustenance”, which is often very narrowly interpreted

by implementing officials to mean bare subsistence. NAC therefore

suggests that the Rule is amended to clarify that sustenance includes

fulfillment of livelihood needs of self and family, including the sale of any

produce. Rule 2(d) currently permits transportation in forest area through

head-loads, bicycle and handcarts. NAC suggests allowing a more

expansive definition of transportation through “locally appropriate means

of transport for use of such produce or sale by the gatherer or their

cooperatives/federations or the community for livelihood in accordance

with the Gram Sabha’s rules for sustainable use, if any.

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10. Ms. Aruna Roy, Convener of the Working Group on Transparency and

Accountability briefed the NAC regarding the amendments to RTI Rules

proposed by the Dept of Personnel and Training (DOPT). On most of the

issues, there has been general agreement. On some issues, there will be

further discussions between the Working Group and DOPT.

11. NAC has decided to set up Working Groups on 1) Land Acquisition,

Resettlement and Rehabilitation 2) Urban poverty 3) Natural resource

management, in convergence with Mahatma Gandhi National Rural

Employment Guarantee Act (MGNREGA) with focus on rainfed areas

and (4) Skill development and Placement. Further, it is decided that the

Working Group on Tribal development will start work on issues related to

implementation of Panchayats (Extension to the Scheduled Areas) Act

(PESA). The Working Group on Transparency and Accountability will

now focus on critical issues concerning Mahatma Gandhi NREGA

particularly, delayed payments, grievance redressal and quality of assets.

The Group will also work on the Lokpal Bill.

12. The next meeting of the NAC is scheduled to be held on 24th

March, 2011.

1

Government of India

National Advisory Council

24 March, 2011

1. The Eleventh meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 24th

March, 2011 at 2 Motilal Nehru Place, New

Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan, MP,

Dr. Ram Dayal Munda, MP, Prof Narendra Jadhav, Prof. Pramod Tandon,

Dr. Jean Dreze, Shri Madhav Gadgil, Ms. Aruna Roy, Ms Anu Aga,

Dr.A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh

Mander and Ms. Mirai Chatterjee.

3. Shri Harsh Mander, Convener, Working Group on National Food Security

Bill (NFSB) briefed the members on the progress made in the drafting of

the Bill. It is work in progress.

4. In the meeting of the NAC held on 21 January, 2011, it was decided that

with regard to the issue of social inclusion under the proposed NFSB.

Government of India shall specify the criteria for categorization of

population into "priority" and "general" households. The proposed NFSB

shall provide for mandatory inclusion of highly vulnerable groups. These

Groups also from part of the recommendations of the Saxena Committee

Report submitted to the Ministry of Rural Development in August, 2009:

In this regard, it was also agreed that after the inclusion of these

categories, the highest priority should be given to the inclusion of

Scheduled Castes and Scheduled Tribes in the identification of “Priority

groups" under the National Food Security Bill. In the meeting of the

NAC today, it was agreed that the NAC should reiterate its earlier

recommendations to the Ministry of Rural Development. Members of the

NAC will give their inputs to the formulation of BPL survey methodology

so that the recommendations of the NAC are operationalised.

5. Ms Farah Naqvi, Convener, Working Group on Communal Violence Bill

updated the Council on the progress made in the drafting of the Bill. It is

work in progress. The Draft Bill is expected to be placed before the NAC

at its next meeting and subsequently placed in the public domain for

comments.

PRESS RELEASE

2

6. Ms Aruna Roy Convener of the Working Group on Transparency,

Accountability and Governance informed the Council that the Working

Group formulated its recommendations after several rounds of

consultation with members of the civil society and the Dept of Personnel

and Training (DoPT). The DoPT and the NAC had worked out an

agreement on all issues except the one amendment proposed by the DoPT

restricting all RTI applications to “one subject matter”. Areas of

agreement include, enhancement of word limit from 250 words to 500

words and also to drop the Rules relating to abatement of RTI application

upon death of applicant. With regard to restricting all RTI applications to

“one subject matter”, NAC decided to recommend that the restriction to

“one subject matter” be dropped from the purview of the proposed

amendments to the RTI Rules. The final recommendation of the NAC in

this regard is as follows:

“Provided that the request for information shall ordinarily not exceed 500

words, excluding annexures, the address of the Central PIO and the

address of the applicant. Provided further that no application shall be

rejected on the above ground”

7. The Convener of the Working Group on Land Acquisition and

Resettlement and Rehabilitation made a presentation on the outstanding

issues related to proposed Bills on the subject. The Convener also recalled

the detailed suggestions made by the National Advisory Council in 2006

on the National Rehabilitation Policy. NAC agreed that a Consultation

Note will be prepared by the Working Group which shall be placed before

the Council.

8. The Conveners of the NAC Working Groups on ICDS Reforms, Domestic

Workers Issues, Denotified Tribes, Urban poverty, Transparency &

Accountability - with regard to Lok Pal Bill and issues pertaining to

Mahatma Gandhi National Rural Employment Guarantee Scheme

(MGNREGS), Tribal Development - with regard to Panchayats

(Extension to the Scheduled Areas) Act, Natural Resources Management

in convergence with MGNREGS with special focus on rain-fed areas

presented the work programme of the respective Working Groups.

9. The next meeting of the NAC is scheduled to be held on 28 April, 2011.

Government of India

National Advisory Council

28 April, 2011

1. The Twelfth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 28th April, 2011 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof. M.S. Swaminathan, MP, MP, Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Dr N C Saxena, Shri Madhav Gadgil, Ms. Aruna Roy, Ms Anu Aga, Dr.A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee.

3. Ms Farah Naqvi, Convener of the Working Group and Shri Harsh Mander, Member of the Working Group presented to the Council the Working Group’s Draft ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011.

4. Some of the key provisions of the Draft Bill as presented by the Working Group are as follows:

a. The focus of the draft Bill is the vulnerable groups of citizens, who are routinely subjected to violence or threats of violence in different forms because of ‘who they are’. These consist largely of religious and linguistic minorities, Scheduled Castes and Scheduled Tribes.

b. The Constitution recognizes that vulnerable groups, defined in Article 15(1) require protection against discrimination on grounds only of religion, race, caste, sex, place of birth or any of them. The said Article recognizes that the groups mentioned above have been vulnerable to historical and contemporary forms of discrimination and hence need to be protected. The draft Bill aims to achieve these objects.

c. Accountability of public officials is at the heart of this Bill. d. Failure of command responsibility has been made an offence to ensure

accountability at the highest level. The offence of breach of command responsibility is extended to non-state actors also.

e. A major stumbling block in prosecuting public servants is the provision for getting sanction under S.196 and 197 of the Code of Criminal Procedure, 1973. The Bill provides that if there is failure by the State to respond within a period of thirty days from the date of application to the concerned government, sanction to prosecute will be deemed to be granted.

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f. The draft Bill provides for constitution of a National Authority and State Authorities as the primary monitoring and grievance redressal mechanisms. The principle behind this is not to supersede the existing law enforcement machinery, nor to disempower or paralyze the existing administrative and justice mechanisms, but rather to strengthen them and make them more accountable.

g. Certain new offences - sexual assault, enforced disappearances, torture, persecution, and enforced migration - have been defined as offences under this Draft Bill. Additionally, mass violence that is widespread or systematic in nature is also defined specifically as ‘organized’ communal and targeted violence.

h. The draft Bill seeks to strengthen the rights of the victim, through a series of new provisions – from the simple right to information at all stages, the right to get copies of all their statements, to the right to be heard in a court of law, right to adduce evidence, right to protection, right to appeal, and the right to file a complaint with the National Authority/State Authority if and when they are aggrieved by failure of the system to protect and secure for them justice and reparations.

i. The draft Bill casts legal duties on the State to provide rescue, relief, rehabilitation, compensation and restitution, to ensure that victims are restored to a situation better than which prevailed before they were affected by targeted violence.

5. The NAC agreed that the Draft ‘Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011 be placed as Working Group draft in the public domain, within a week. Based on the feedback received the Working Group of NAC shall review the Draft Bill and place the final version for consideration before the NAC at its next meeting.

6. Ms Mirai Chatterjee, Convener of the Working Group on Domestic Workers’ Issues and Ms Farah Naqvi, member of the Working Group presented to the Council the Working Group’s draft recommendations on essential elements that need to be part of the National Policy for Domestic Workers being formulated by the Government. NAC, after due consideration, recommends the following elements that need to be part of the National Policy for Domestic Workers:

A stated affirmation that the right to earn a livelihood, with dignity and respect, and rights at work to apply to all women and men who engage in economic activity, including domestic workers.

An affirmation of the equity of domestic workers with other wage workers, so that domestic workers are treated no less favourably than other wage workers.

A larger labour rights framework, where the State shall take effective measures to include domestic workers in the existing labour legislations and where such inclusion is not possible, or where such inclusion would not

2

amount to equivalent rights for Domestic Workers, due to the specific nature of their work, the National Policy shall place on the Central Government the obligation to design additional legislative mechanism/s to ensure that Domestic Workers rights as workers can be exercised comprehensively.

7. The NAC agreed that the National Policy should specify the elements that comprise the comprehensive exercise of Domestic Workers ‘rights as workers’, including:

i. Right to receive at least the minimum wages as applicable under the Minimum Wages Act, 1948 with periodicity of payment (at regular intervals but not less often than once a month)

ii. Right to remuneration without discrimination based on sex, as stipulated in the Equal Remuneration Act 1976

iii. Right to regulated conditions of work, including working within the defined normal hours of work with suitable daily and weekly rest (which shall be atleast 24 consecutive hours per seven days) periods

iv. Entitlement to paid annual leave and sick leaves v. Coverage under social security as provided in the Unorganized Sector

Social Security Act 2008, including maternity benefits vi. Entitlement to a safe and healthy place to stay and sufficient food (if

the worker stays in the home of the employer i.e. a live-in worker) vii. Safe working environment and protection from accidents. viii. Treatment with dignity and respect ix. Protection against sexual harassment at the place of work. x. Protection against forced labour or trafficking, by regulation and

registration of recruitment agencies xi. Recognition and registration as workers with the State Labour

Departments. xii. Right to establish their own organizations or to join the workers’

organizations or trade unions or associations and engage in collective bargaining process

xiii. Access to schemes and benefits which are available or will be made available to other categories of workers

xiv. Steps to protect migrant domestic workers, including the provision of adequate pre-departure training, information, and written contracts specifying conditions of work, and complaint mechanisms

8. Shri Harsh Mander, Member presented a broad outline of a comprehensive anti-corruption strategy highlighting (i) preventive measures such as strengthening RTI and social audits, administrative and police reforms, electoral reforms, judicial reforms, pre-legislative consultations, transparent public appointments, independent grievance redressal systems; (ii) punitive measures such as independent Anti-Corruption agency and stringent punishments; and (iii) promotional measures. It was agreed in the NAC that

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a Discussion Paper on the subject will be prepared by Shri Mander incorporating suggestions of other NAC members for consideration by NAC. The Council decided that the Working Group on Transparency, Accountability and Governance would work on ‘Strengthening Implementation of RTI Act and Social Auditing for Prevention and Control of Corruption’.

9. The next meeting of the NAC is scheduled to be held on 25 May, 2011.

4

PRESS RELEASE

Government of India

National Advisory Council

25th May, 2011

The Thirteenth meeting `of the National Advisory Council was chaired by Smt. Sonia Gandhi on 25th May, 2011 at 2 Motilal Nehru Place, New Delhi.

Members who attended the meeting were Prof Narendra Jadhav, Prof. Pramod Tandon, Dr. Jean Dreze, Dr N C Saxena, Shri Madhav Gadgil, Ms. Aruna Roy, Ms Anu Aga, Dr.A.K. Shiva Kumar, Shri Deep Joshi, Ms. Farah Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee.

I - Land Acquisition, Resettlement & Rehabilitation

Shri Harsh Mander presented the proposal of NAC Working Group on Land Acquisition, Resettlement and Rehabilitation. NAC after due consideration decided to recommend a single comprehensive legislation, i.e. “National Development, Land Acquisition, Resettlement and Rehabilitation Act.”, rather than the two separate ones as at present, namely, Land Acquisition (Amendment) Bill 2009 (LAA 2009) and Resettlement and Rehabilitation Bill, 2009 (R&R 2009). NAC further recommends that the proposed legislation has the following key elements:

a. A single comprehensive law which would discourage forced displacement, and minimise adverse impacts on people, habitats, environment, food security and bio-diversity. The law should ensure that all possible options of more barren, less fertile and waste lands have been explored before acquiring agriculture land. It should also comprehensively define project affected persons/families, and provide for a just, timely compensation, resettlement and rehabilitation package through a humane, participatory, informed, consultative and transparent process, allowing for effective and fair implementation.

b. On the condition that other less-displacing alternatives are not available, the law will provide for acquisition only for public purposes. This will be defined as acquisition necessary for strategic and infrastructural purposes, and for social services like education and health care.

c. The NAC is deeply concerned above all that all persons who lose their lands, livelihoods and shelter because of acquisition for any public purpose must be brought under the protection of this law, and their rights to suitable compensation, resettlement and rehabilitation benefits are fully protected in all cases

d. The processes will be transparent and participatory, requiring full information and consultation with affected communities.

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e. Compensation tends to be greatly under-valued, because registered sale deeds are under-valued. Therefore NAC proposes that compensation for those who lose land will be 6 times the registered sale deed value, including solatium. The assignees of government land will also be entitled to the same compensation. The option will also be offered to those who lose land to receive all or part of their compensation in the form of annuities.

f. A very significant proposal for the poor is that not only those who lose land, but also those who lose livelihoods should be compensated. These include agricultural workers, artisans, fisher-folk and forest-gatherers. They would be entitled to a grant amounting to 10 days of minimum wages per month for 33 years.

g. The land will be held jointly by women and men of the family, and other assets as well as cash will be paid into joint accounts held by women and men.

h. If land is acquired for a public purpose and not used within five years, private property that was acquired should be returned to its original owners.

i. Urgency clause shall not be used, unless it for national security and defense purposes.

j. An independent Social Impact Assessment (SIA) should be conducted for all larger projects. The SIA would assess the social and environmental impacts from the project, and the R&R plan drawn up.

k. Resettlement and Rehabilitation package is a legal right to the Project Affected Families and to be notified along with Section 6 notification, declaring acquisition of lands.

l. At least one person from affected family will be given first preference in available employment in commercial projects, in conformity with their skills.

m. A National Commission for Land Acquisition, Resettlement and Rehabilitation (NCLRR) should be set up, with powers to supervise, and exercise oversight over land acquisition, resettlement and rehabilitation. Penal fines are to be imposed by NCLRR based on responsibility fixed by state government by issuing job-charts

NAC advised the Working Group to workout details of the remaining key elements which require further discussion.

II. Integrated Child Development Services (ICDS)

1. Ms Mirai Chatterjee and Dr A. K. Shiva Kumar made a presentation on the proposal of the

Working Group on ICDS reforms. NAC after detailed deliberations decided to recommend to the Government the proposed ICDS reform framework. The proposals suggest major changes in the ICDS and recommends core strategies as well as a comprehensive package of reforms that address institutional, programmatic and managerial gaps in the delivery of ICDS.

2. An integrated life cycle approach to early childhood care and development should be adopted if ICDS is to deliver outcomes.

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3. The core strategy should include the complete package of services focusing, apart from feeding, on the 1000-day window of opportunity for children under 2, child survival and growth through assured health care and nutrition, early childhood care and development, provision of crèche facilities and effective early childhood education.

4. Other elements of the core strategy should include decentralized management and a flexible architecture, home-based nutrition counselling and related services, enhanced training and capacity building, community ownership, extensive public education on nutritional well-being, and convergence at different levels (village, block, district, state and national) and across sectors.

5. Programmatic reforms should ensure that anganwadi centres (AWCs) be adequately and appropriately resourced to offer day-long crèche facilities with flexible timings, balanced and nutritious diets to all children, structured early childhood education and effective nutrition and health counseling. Further, systems be put in place that ensure effective growth monitoring, early screening and detection of children with special needs, care of severely malnourished children as well as education and communication on care practices.

6. Managerial reforms should ensure accountability for outcomes, convergence of services, active engagement of Panchayats, non-governmental organizations and community-based organizations, improved monitoring including mandatory social audits as well as independent evaluations. New flexible financing mechanisms and a review of cost-sharing arrangements between the centre and states need to be considered to ensure better flow of resources based on need and performance.

7. Institutional reforms include setting up of a Nutrition Mission of India (NMI) to accelerate delivery of ICDS with quality and develop a time-bound plan of action to reduce child malnutrition across the country. To be headed by a Chairman (with the rank of Cabinet Minister) and with officials from relevant ministries, the NMI should be staffed by experts and consultants in different fields, and empowered with appropriate structures and resources to ensure reach of technical support at the community level. The Mission should, over the next six months, hold in-depth and broad-based consultations with stakeholders and develop a Mission Document setting out the vision, goals, strategies and detailed time-bound plans of action. Details of phasing options would need to be worked out including the proposed piloting in the most nutritionally vulnerable 200 districts and the roll-out of the revamped ICDS across the entire country.

8. Finally, the NAC endorses the move being contemplated by some states to introduce a pre-primary section in all government primary schools.

III - Eradication of Manual Scavenging

Shri Harsh Mander gave a presentation on eradication of manual scavenging. While acknowledging the initiatives shown by the Government for eradication of the practice of manual scavenging the Shri Harsh Mander emphasised the need to address manual scavenging not as an issue of sanitation but of human dignity as guaranteed to all citizens by the Constitution. He highlighted the need for a new law to end the practice of manual scavenging, as the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 has failed to eradicate this dehumanizing practice even after 18 years of its enactment.

The NAC decided to recommends the following essential features of the new legislation to be brought out on manual scavenging.

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Immediate demolition of the dry latrines and immediate liberation of those manually handling human excreta in dry latrines (coming under the narrower definition of the 1993 Act), together with full rehabilitation package. For those engaged in sewer and railway workers, there liberation could take a little longer but not more than 5 years from enactment of the law.

Livelihood rehabilitation to be implemented within three months of identification. A

guaranteed BPL Card to all families in which one or more member was engaged in manual scavenging. Special housing scheme for liberated persons. Education package for children from these families including free education with provision of fellowships up to 12th standard.

For the sewer workers and railway workers, liberation will come from technological

changes which will render the occupation humane, dignified and safe, and avoid any direct human contact with excreta.

Guarantee that no person who is employed at the time the Act comes into force in casual, contract or regular employment, will be terminated, instead s/he will be confirmed in regular employment.

IV -- Law for Street Vendors

Ms Mirai Chatterjee and Mr Harsh Mander presented the issues concerning Street Venders. They opined that Street Vending is not a matter of municipal regulation but of livelihood, employment and social security of a significant number of urban poor households. Though there exists a National Policy on Street Vendors, they pointed out major shortcomings in its implementation as it lacks legal enforceability.

NAC after due consideration decided to recommend formulation of a Central Law drawing from the strong points of the National Policy on Street Vendors.

1. The aim of this Act should be to preserve existing employment and livelihoods through street vending, and providing opportunities for the future growth of employment in the growing cities, while protecting the interests of the consumer, pedestrian and traffic.

2. Principles of natural markets should be incorporated in the law, as central to determining vending zones, weekly markets, and holding capacity.

3. Minimum quantitative norms should be prescribed for the numbers of street vendors to be accommodated. It was recommended that 2% of the urban land should be earmarked for street vending.

4. A Town Vending Dispute Redressal Forum should be constituted for each Town Vending Committee (TVC).

5. State level appellate authority presided over by a retired judge of the High court should be constituted.

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6. Vendors should be recognized as a legal entity and their livelihoods should be secured, besides making available affordable retail services to the public.

7. Procedures for registration of both mobile and stationery vendors, confiscation and eviction procedures should be followed as per the National Policy Guidelines and included in the central legislation.

8. There should be strong and mandatory transparency provisions with regard to all of the above procedures.

V Denotified, Nomadic and Semi-nomadic Tribes (DNTs)

Dr Narendra Jadhav appraised the NAC of the consultations initiated by the Working Group on DNTs. The Working Group will hold national consultations with the representatives of the DNTs and the NGOs working with the DNTs for formulating recommendations to address specific problems being faced by DNTs

VI Mahatma Gandhi National Rural Employment Guarantee Scheme

(MGNREGS)

1. Ms Aruna Roy Convener of the Working Group on Transparency, Accountability and Governance made a presentation on the recommendations of the WG on MGNREGS. NAC decided to make the following recommendations to the Government.

a. Expeditious notification of Social Audit Rules. b. Institutional strengthening by establishing a Mission at the MORD and

Technical support unit for Central Employment Council. c. Technical support to the States through Resource Groups on various

aspects of the implementation of the MGNREGA like: Payment of Wages Transparency and Accountability, Grievance Redress ( including Social Audit) Planning, Natural Resource Management, Convergence, and

expanding the category of permissible works Demand for Work Capacity Building, Training, Staff, and Management

VII Constitution of new Working Groups

NAC has decided to constitute 3 Working Groups on i) Dalit issues, ii) Gender and sex ratio and iii) Social Security, for the unorganised workers.

The next meeting of the NAC is scheduled to be held on 22 June, 2011.

Government of India

National Advisory Council

22nd June, 2011

The 14th Meeting of the National Advisory Council (NAC) was chaired by Smt. Sonia

Gandhi held on 22nd June, 2011 at 2 Motilal Nehru Place , New Delhi. Members who attended

the meeting were Prof. Narendra Jadhav, Prof. Pramod Tandon, Ms. Aruna Roy, Shri Madhav

Gadgil, Dr. N.C. Saxena, Dr. A.K. Shiva Kumar, Shri Deep Joshi, Ms. Anu Agha, Ms. Farah

Naqvi, Shri Harsh Mander and Ms. Mirai Chatterjee.

2. Shri Jairam Ramesh, Minister of Environemtn and Forest, Dr(Ms) Syeda

Hameed,Member Planning Commission, Lt.Gen(Retd) Bhopinder Singh, Lt. Governor Andaman

Nicobar Island, Shri G.K.Pillai Home Secretary, Shri Shakti Sinha, Chief Secretary, Andaman

Nicobar Island and Shri Arvind Chugh, Secretary, Tribal Affairs were also present to discuss the

issue of Jarawas.

I - Review of Jarawa Policy

3. Lt.Gen (Retd) Bhopinder Singh, Lt. Governor, Andaman Nicobar Islands made a presentation

on the Policy on Jarawas adopted by the Government in 2004 and the status of the Jarawas.

This was followed by a presentation by Shri Arvind Chugh Secretary, Ministry of Tribal

Affairs. The Policy is presently being reviewed by a Sub-Committee of an Expert Committee

headed by Secretary, Tribal Affairs, Government of India, which is expected to give it’s

recommendations within 3 months.

II - National Food Security Bill

4. Shri Harsh Mander , Convener of the Food Security Bill informed the members regarding the

progress on the subject. The draft law prepared by the Working Group has been legally vetted

by Additional Solicitor General Smt Indira Jaising. The major highlights of the draft Bill is

that it guarantees subsidised foodgrains to at least 90 percent of rural households, and 50

percent of urban households. 46% of the rural/ 28% of urban households categorized as

‘priority group’ are entitled to receive foodgrains at 7kgs per head at Rs 3/2/1 for wheat or

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Rice or millets. 49% of the rural/ 22% of urban households categorized as ‘general group’

are entitled to receive foodgrains at 4kgs per head at not more than 50% of the MSP of the

respective foodgrains. The draft bill follows a life cycle approach and introduces a number

of other universal guarantees, including nutrition support and maternity entitlements for

pregnant women; nutrition support to children both in pre-school centres and in school, but

also to all out of school children; destitute feeding and affordable meals for homeless and

other needy urban populations; and special guarantees for starvation and emergencies. It

creates also a strong accountability framework for protection of these entitlements and

allows imposition of fines on defaulters and compensation to the victim. It also envisages a

strong grievance redress and monitoring system, from the centre to the block levels, including

the creation of an independent and empowered District Grievance Redressal Officer

III Prevention of Communal and Targeted Violence (Access to Justice and

Reparations) Bill, 2011

5. Ms Farah Naqvi gave an update to the members on the Prevention of Communal and

Targeted Violence (Access to Justice and Reparations) Bill, 2011. She informed that NAC

Working Goup had considered hundreds of suggestions received from citizens, citizen groups

and government on the PCTV. While endorsing once again the principle features of the Bill

the NAC agreed to as many as 49 amendments based on the feedback.

6. Most important among these is an agreement to delete a Clause which refers to Article 355 of

the Constitution, because this mistakenly created a fear that it may interfere with the Federal

structure. Another important amendment related to the definition of communal and targeted

violence, which included reference to ‘destruction of the secular fabric’. It was agreed that

this was too high a threshold, and therefore it was agreed to delete this phrase. There were

some concerns about excessive powers to the National Authority. Once again, for abundant

caution, it was agreed to delete some clauses in this regard.

7. The NAC Working Group will, on June 23rd 2011, place on the website the full list of

amendments. The NAC will thereafter forward the Bill to the GOI for consideration. The

NAC believes this Bill can be historic in strengthening and safeguarding the fundamental

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bedrock of India as a secular, modern democracy in which its most vulnerable citizens enjoy

the equal protection of the law.

IV Pre Legislative Process

8. Smt Aruna Roy ,Convener on Working Group on Accountability and Transparency

mentioned that as part of strengthening participatory democracy, it is important to go

beyond the existing Parliamentary consultative process and directly involve the people in the

formulation of important decisions, policies and laws drafted in the name of the sovereign.

All proposed policies and laws should be opened up to public discussion before finalization,

with the scope of discussion being determined by the scope of the proposed policy or law.

There needs to be a clearly defined process that mandates public participation and

consultation at every stage, from the time a decision is taken to draft a policy till the time it is

represented as a Bill to be tabled in Parliament. The principles and need justifying the policy

decision, suggested framework and scope etc must be widely and pro actively shared with the

people concerned, by the Government. The NAC decided that the Working Group of NAC

on Transparency, Accountability and Governance will evolve a policy on ‘pre-legislative

consultative processes’ for recommending to the Government.

The meeting ended with Vote of Thanks to the Chair. The next meeting of NAC is scheduled on

28th July, 2011

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1

Government of India National Advisory Council

28 July, 2011

1. The Fifteenth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 28th July, 2011 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof M. S. Swaminathan, Dr. Narendra Jadhav, Prof. Pramod Tandon, Ms.Aruna Roy, Shri Madhav Gadgil, Shri Naresh C. Saxena, Shri Deep Joshi, Ms. Anu Aga, Ms. Farah Naqvi, Shri Harsh Mander and Ms Mirai Chatterjee.

3. Shri Deep Joshi, Convener presented to the Council the Working Group’s recommendations on Natural Resource Management (NRM) in convergence with Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA)

4. Some of the key recommendations as presented by the Working Group are as follows:

a. Create a Mission Structure for Intensive Support & Facilitation b. Decentralise Planning to Natural Village/Hamlet c. Create Technical Capacity at Various Levels Down to the Village d. Create a Training & Support Mechanism with Earmarked Funds to Train

Village Resource Persons & Provide Implementation Support e. Insist on 2/3rd Investment on Natural Resources Management f. Set up Mechanisms for Convergence with Schemes for Utilisation of

Productive Assets

5. The fundamental principles recommended by the Working Group are:

5.1 At least two-thirds of all works in financial terms at the Block/Mandal level under MGNREGA shall focus on the development of land and water resources to result in sustainable increase in productivity of such resources and incomes to the poor.

5.2 No other works will be taken up in a Gram Panchayat under MGNREGA until the NRM works proposed by the Gram Panchayat, based on hamlet level plans, are implemented.

5.3 There shall be overriding priority on developing assets of the poor, especially of BPL, SC and ST households and land allotted under Forest Rights Act.

2

5.4 Works shall be taken up on the basis of multi-year plans drawn at the level of a natural village or hamlet through a participative process. The plans shall be based on scientific principles to develop the natural resource base in a village. Such plans shall have built-in provision for convergence of other schemes, such as Rashtriya Krishi Vikas Yojana (RKVY) /Rainfed Areas Development Program (RADP), National Horticulture Mission (NHM), etc. to enhance productivity and incomes.

5.5 Section 1 of Schedule I of the MGNREGA, refers to the permitted works under MGNREGS. Works such as water conservation and water harvesting, drought proofing (including afforestation and tree plantation), renovation of traditional water bodies including desilting of tanks, land development and flood control are confined to Common lands. Whereas item (iv) of the Section 1 of the Schedule refers to works to be taken up on individual lands belonging to the SC/STs or BPL families or IAY beneficiaries or small and marginal farmers. It is recommended that under category of (iv), works such as provision of irrigation facilities including irrigation wells, horticulture, planting of trees, herbs, grasses, land leveling, boulder removal and measures to enhance soil fertility such as tank silt application shall be taken on land belonging to SC, ST, BPL, IAY beneficiaries, small and marginal farmers. Works on lands of small and marginal farmers will be taken up only after saturating lands of SC, ST, BPL farmers and IAY beneficiaries.

5.6 Preference will be given to community wells where irrigation wells are being taken up.

5.7 Mahatma Gandhi NREGA plans shall override all other plans made for watershed development by any other agency, including government departments.

5.8 The systems of implementation shall ensure greater say of key stakeholders, such as the wage seekers in deciding the type of works and the timing for their opening, in conformity with the provisions of the Act.

5.9 Mechanisms for capacity building to plan and implement natural resource development schemes shall be institutionalized with greater participation of civil society organizations working in the field.

6. After deliberations, the NAC agreed with the recommendations which shall be communicated to the Government shortly.

7. Dr. Narendra Jadhav, Convener presented to the Council the Working Group’s findings and proposals on Denotified, Nomadic and Semi-Nomadic Tribes. The proposals will be further deliberated in the Working Group. This is work in

3

progress.

8. Ms. Mirai Chatterjee Convener of Working Group on Social Security presented the progress on the consultations held so far on the subject. This work is in progress.

9. Ms. Aruna Roy, Convener of Working Group on Accountability & Transparency gave a presentation on Pre-Legislative Process. This work is in progress.

10. A new Working Group on Minority Affairs has been constituted with Shri Harsh Mander as the Convener.

11. The next meeting of the NAC is scheduled to be held on 26 August, 2011.

1

Government of India

National Advisory Council

21st October, 2011

1. The Sixteenth meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 21st October, 2011 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof M. S. Swaminathan, Dr. A.K.

Shiva Kumar, Dr. Narendra Jadhav, Prof. Pramod Tandon, Ms.Aruna Roy, Shri

Deep Joshi, Ms. Anu Aga, Ms. Farah Naqvi and Shri Harsh Mander.

3. A two minute silence was observed as a mark of respect for Prof. Ram Dayal

Munda, Member of the NAC and Member of Parliament (Rajya Sabha), who

passed away in Ranchi on 30th

September, 2011, after a prolonged illness.

4. Secretary, Ministry of Housing and Urban Poverty Alleviation appraised the

Council of the action by the Ministry on the recommendations of NAC seeking

a central legislation on Street vendors. The NAC, in its meeting held on 25th

May, 2011, had recommended formulation of a Central Law drawing from the

strong points of the National Policy on Street Vendors with a view to preserving

existing employment and livelihoods through street vending, and providing

opportunities for the future growth of employment in the growing cities, while

protecting the interests of the consumers, pedestrians and traffic. NAC had also

recommended inter alia that principles of natural markets should be incorporated

in the law and that minimum quantitative norms should be prescribed for the

numbers of street vendors to be accommodated.

5. Shri Harsh Mander, Member & Convener of the Working Group on Urban

Poverty made a presentation on the draft recommendations of the Working

Group suggesting reforms to Rajiv Awas Yojana Scheme.

6. Shri Harsh Mander, Member & Convener of the Working Group on Social

Protection presented draft recommendations of the Working Group on Abolition

of Child Labour.

7. Ms Farah Naqvi, Member & Joint Convener of the Working Group on Minority

Affairs gave an update and presented draft recommendations on development of

minorities, with particular reference to the 12th

Plan.

8. Shri Shivakumar, Member & Convener of the Working Group on Social

Security for Unorganized Workers updated the Council on the progress made so

far.

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9. Ms Farah Naqvi, Member and Joint Convener of the Working Group on Dalit

Issues presented the draft recommendations on the Scheduled Castes Sub-Plan

(SCSP), with particular reference to the 12th

Plan.

10. Smt. Aruna Roy, Member & Convener of the Working Group on Transparency,

Accountability & Governance updated the Council on issues relating to Pre-

legislative process.

11. The NAC agreed that the draft recommendations of the Working Groups on the

subjects of

a. Rajiv Awas Yojana (RAY);

b. Abolition of Child labour;

c. Schemes for Minorities development;

d. Social Security for Unorganized Workers; and

e. Scheduled Castes Sub- Plan

be placed on the NAC website as draft recommendations of the respective

Working Groups to solicit comments from the public, before they are finalized.

12. The next meeting of the NAC is scheduled to be held on 29th

November, 2011.

PRESS RELEASE

Government of India National Advisory Council

29th November, 2011

1. The Seventeenth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 29th November, 2011 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Prof M. S. Swaminathan, Dr. A.K. Shiva Kumar, Dr. N.C. Saxena, Shri Madhav Gadgil, Dr. Narendra Jadhav, Prof. Pramod Tandon, Smt. Aruna Roy, Ms Mirai Chatterjee, Ms. Anu Aga, and Shri Harsh Mander.

3. Shri Montek Singh Ahluwalia, Deputy Chairman, Planning Commission

introduced the India Human Development Report 2011 to the Council. Dr. Santosh Mehrotra, Director General, Institute of Applied Manpower Research, made a presentation on the findings presented in the Report.

4. Ms Mirai Chatterjee and Dr A.K. Shivakumar, Members & Conveners of the

Working Group on Social Security for Unorganized Workers presented draft proposals of the Working Group to make the Unorganized Workers’ Social Security Act, 2008 as inclusive as possible with a comprehensive social security package, that includes Health Insurance; Maternity Assistance; Life-cum-Disability insurance scheme and pension plan to be provided through a single window backed by a common ICT architecture. The Council reviewed the proposal and advised the Working Group to work out the implementation mechanisms and financing arrangements in detail and present the revised draft recommendations to the council in the next 2-3 months.

5. The next meeting of the NAC is scheduled to be held on 22nd December, 2011.

1

1

Government of India National Advisory Council

16th January, 2012

1. The Eighteenth meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 16th

January, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Narendra Jadhav, Smt. Aruna Roy,

Shri Madhav Gadgil, Dr N C Saxena, Ms Mirai Chatterjee, Ms Farah Naqvi,

Shri Harsh Mander, Shri Deep Joshi and Dr A.K. Shiva Kumar.

3. The Council deliberated on the draft proposals of some of its Working Groups

which are still work in progress.

4. The next meeting of the NAC is scheduled to be held on 17th

February, 2012.

1

Government of India

National Advisory Council

21st March, 2012

1. The Nineteenth meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 21st March, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. M. S. Swaminathan, Ms. Anu Aga,

Shri Madhav Gadgil, Dr. N. C. Saxena, Ms. Mirai Chatterjee, Ms. Farah Naqvi,

Shri Harsh Mander, Shri Deep Joshi, Prof. Pramod Tandon and Dr A.K. Shiva

Kumar.

3. Prof. K. Srinath Reddy, President, Public Health Foundation of India and

Chairman of the High Level Expert Group constituted by the Planning

Commission on Universal Health Coverage for India made a presentation of the

salient features of the Report to the Council for the information of the Council.

4. Ms. Mirai Chatterjee and Dr. A.K. Shivakumar, Members & Conveners of the

Working Group on Social Security for Unorganized Workers presented draft

recommendations of the Working Group to make the Unorganized Workers’

Social Security Act, 2008 as inclusive as possible with a comprehensive social

security package, that includes Health Insurance, Maternity Assistance, Life-

cum-Disability insurance scheme and pension plan to be provided through a

single window backed by a common ICT architecture. The Council deliberated

on the proposals. The Conveners will finalize the proposal after incorporating

various suggestions/comments received from Ministries as well as public.

5. The next meeting of the NAC is scheduled to be held on 20th

April, 2012.

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1

Government of India

National Advisory Council

20th April, 2012

1. The Twentieth meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 20th

April, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Narendra Jadhav, Ms. Anu Aga,

Ms Aruna Roy, Dr. N. C. Saxena, Ms. Mirai Chatterjee, Ms. Farah Naqvi, Shri

Harsh Mander, Shri Deep Joshi, Prof. Pramod Tandon and Dr A.K. Shiva

Kumar.

3. Shri P.K. Basu, Secretary, Department of Agriculture & Cooperation,

Government of India made a presentation on ‘Agriculture Development for

Food (Production) Security’ to the Council.

4. Dr. Narendra Jadhav, Convenor of the Working Group on Denotified, Nomadic

and Semi-Nomadic Tribes (DNTs) presented the recommendations of the

Working Group on the following six broad categories :

a. Administrative Actions

b. De-criminalization of DNTs

c. Legislative Actions

d. Policy Inputs

e. Program Strengthening and Targeting

f. Institutional arrangements

5. In brief, the following are some of the main recommendations made by the

Working Group:

a. Enumeration and classification of DNTs is a first step towards

identification of persons belonging to DNT communities. Therefore,

DNTs should be given special focus in the Socio Economic Caste Census

currently underway as well as priority in the issuing of UID cards.

b. A national campaign to inform the DNT communities about their rights

as SC/ST/OBC and to inform the public that violence/discrimination

against these communities and violations of their human rights is

punishable under law.

c. Review the implementation of some of the existing Legislations, so as to

provide safeguards for DNTs from harassment by the officials, and to

ensure that the safety, livelihoods and nomadic life style of DNT

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communities are protected.

d. An Umbrella Scheme for Socio-economic Empowerment of DNTs with

a special focus on those DNTs who are classified as OBCs and those

who are not classified as SC/ST. For those DNTs classified as Scheduled

Castes/Scheduled Tribes, a proportion to be earmarked in SCSP/TSP

commensurate with their share in SC/ST population respectively;

e. A set of new programmes under the overall umbrella Scheme to be

designed and implemented for DNTs, especially in respect of education,

housing, livelihood and skill education as well as Community

Organization and leadership building with special focus on women

empowerment.

f. An Integrated Infrasructural Development Programme to provide basic

amenities such as road, school, electricity, drinking water, community

centres, etc. in the existing settlements of DNTs.

g. As part of strengthening the institutional arrangements, an Empowered

Inter-Ministerial Task Force (STF) for DNTs to be set up and chaired by

the Union Home Minister.

6. The National Advisory Council, after deliberations, approved the

recommendations of the Working Group.

7. Shri Harsh Mander, Convener of the Working Group on Social protection,

presented to the Council, recommendations of the Working Group on the “The

Rights of Persons with Disabilities Bill, 2011” (RPDB) prepared by Dr Sudha

Kaul Committee, appointed by the Government of India.

8. Some of the key recommendations are as follows: a. All relevant laws concerning rights of persons with disabilities (PWD)s

may be reviewed from the view point of avoiding inconsistencies and

duplication; and amendments if necessary may be carried out in close

coordination by concerned Ministries.

b. There is need to have adequate safeguards and mandatory reviews to

ensure that the limited guardianship provision and supported decision

making is exercised in the true interests of PWDs.

c. The definition of disability should shift clearly to a social model as

envisaged in the United Nations Convention of Rights of Persons with

Disabilities (UNCRPD).

d. Right to education to all children with disabilities should be safeguarded

and the choice to such children to study in an inclusive school or special

school should be protected by creating entitlements and clearly spelt out

norms.

e. The families with disabled members should be recognised to be poor

(and food insecure).These may be given high weightage during

identification of poor households and other poverty alleviation and social

security programmes.

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f. The RPDB should contain stringent anti-discrimination provisions to

ensure productive employment and greater participation of persons with

disabilities in workforce.

g. The wide diversity of institutions concerned with rights of PWDs under

various laws may be converged and rationalised to the extent possible to

save costs and provide a single window of contact at the central, state or

district level for PWDs to access their rights and secure redressal of their

grievances.

9. The National Advisory Council decided to take into consideration the views of the

Ministries and the public before finalizing the recommendations .

10. The next meeting of the NAC is scheduled to be held on 25th

May, 2012.

1

Government of India

National Advisory Council

23rd May, 2012

1. The Twenty-first meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 23rd

May, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. M. S. Swaminathan, Ms. Anu

Aga, Dr. Narendra Jadhav, Shri Madhav Gadgil, Dr. N. C. Saxena, Ms.

Farah Naqvi, Ms Mirai Chatterjee, Smt. Aruna Roy and Dr. A.K. Shiva

Kumar.

3. Dr. Narayan G. Hegde, BAIF Development Research Foundation, Pune

made a presentation to the Council on “Strategy for Ensuring Food Security

in India”. The presentation highlighted that promoting rainfed agriculture

together with livestock development and tree-based farming can ensure

food, nutritional and environment security; establishment of agri-horti-

forestry will increase food production and generate year round employment

as demonstrated in their WADI Programme. It is an example of climate-

smart agriculture. Watershed development approach was also highlighted.

4. Ms. Farah Naqvi and Dr. A.K. Shivakumar, Members jointly presented the

recommendations of the Working Group of NAC on Improving the Sex

Ratio at Birth. Taking cognizance of the provisional 2011 Census report that

revealed that the child sex ratio in India (0-6 years) has dropped to 914

females against 1,000 males – lowest since Independence, NAC Working

Group identified that, the child sex ratio, while influenced by a number of

factors such as under-registration of girls, differential infant and child

mortality and age misreporting, is in large measure determined by the sex

ratio at birth. It is therefore directly linked to the practice of prenatal sex

selection, which, according to available evidence, has spread all over India,

including to rural areas that were previously out of its ambit.

5. The principal recommendation of the Working Group is to formulate a

National Policy for Improving the Sex Ratio at Birth which can serve as a

guide and template in the coming decades for multiple initiatives by the

Central and State Governments, and by a range of civil society stakeholders.

Five major constituents of such a policy, should be to:

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i. Strengthen the current legal regime to prevent misuse of medical technology for sex

selection and develop a legislative framework for the future. It should focus on

strengthening and effective implementation of the Pre-Conception & Pre-Natal

Diagnostic Techniques (prohibition of sex selection) Act, 1994 (PC&PNDT Act) as

well as consider the implications from the perspective of sex selection, of new

legislation such as the Draft Assisted Reproductive Technologies (Regulation) Bill,

2010;

ii. Review current conditional cash and other incentive schemes and plan schematic

interventions for poor as well as middle and upper class families;

iii. Develop a national communication and advocacy strategy for behavior change with

shared core message content, identified target audiences and multiple platforms;

iv. Review other gender-related laws and policies including the dowry prohibition law,

amendments to laws related to rape and connected provisions (currently under

review by Government of Indi) among others, in order to propose amendments or

ways to strengthen implementation; and

v. Educate and sensitize students and professionals (particularly those pursuing law and

medicine), public officials, elected representatives, frontline health and other

workers by introducing and developing appropriate course curricula and providing

training in gender-sensitive counseling.

6. The NAC approved in principle the recommendations. The recommendations

are expected to be finalized shortly based on today’s deliberations after

incorporating suggestions received.

7. The next meeting of the NAC is scheduled to be held on 29th

June, 2012.

Government of India

National Advisory Council

6th

July, 2012

1. The Twenty-second meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 6th

July, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Narendra Jadhav, Dr. Mihir Shah,

Dr.Naresh C. Saxena, Prof. Pramod Tandon, Ms. Aruna Roy, Shri Deep Joshi, Ms.

Farah Naqvi, Ms. Mirai Chatterjee and Shri Ashis Mondal.

3. The Council recalled the valuable contribution made by past Members, Shri M.S.

Swaminathan, Shri Madhav Gadgil and Shri Harsh Mander and welcomed the two new

Members Dr. Mihir Shah, Member, Planning Commission and Shri Ashis Mondal,

Director, Action for Social Advancement, Bhopal.

4. In its meeting in March 2012, the NAC had deliberated on social security for

unorganized workers to make the Unorganized Workers’ Social Security Act, 2008 as

inclusive as possible with a comprehensive social security package to be provided

through single window backed by a common ICT architecture. The recommendations of

the NAC were communicated to the Government in April, 2012. The administrative

Ministries, viz., Ministry of Labour and Employment and Department of Financial

Services (Ministry of Finance) made a presentation today to the Council in the context

of NAC recommendations. The presentations highlighted existing provisions for social

security under the Unorganized Workers’ Social Security Act, 2008 as well as well as

other National Social Assistance Programmes, including initiatives taken by the

Government such as Rashtriya Swasthya Bima Yojana (RSBY). There is general

agreement on broad elements of the integrated social security package, the

implementation architecture and phasing of the coverage of the unorganized workers.

The Council has advised the Ministries to develop detailed features of the scheme and

appraise the Council at its next meeting.

5. The Council observed that with the threat of deficient rainfall and less-than-normal

monsoon, the need for public works may arise in many States. The role of the Mahatma

Gandhi NREGA, is critical in this context. After an initial period of enthusiasm and

significant progress, the Mahatma Gandhi NREGA has been facing several challenges in

basic implementation. Despite its seminal achievements, it is also at the receiving end of

a series of hostile critiques, not based on rigorous evaluation. It is crucial to interface

with workers. The NAC Working Group on Transparency, Accountability and

Governance is mandated to hold consultations in co-ordination with the Ministry of Rural

Development and State Governments to measure the impact of the Act so far, monitor

implementation of Mahatma Gandhi NREGA 2.0 and suggest effective institutional

PRESS RELEASE

measures. These include work on demand; wages and timely payments; expanding the

scope of works, ensuring better quality assets; transparency, accountability, and social

audit.

6. Secretary NAC informed that a Report for the period June 2010 to May 2012, is

prepared on the work done by the NAC. The report covers all the recommendations

made by the NAC in the past two years, the key recommendations and the current status

of the NAC recommendations in the Government. The Council decided to place the

Report in NAC website for information of the public.

7. The next meeting of the NAC is scheduled to be held on 24th August, 2012.

1

Government of India

National Advisory Council

24th August, 2012

1. The Twenty-third meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 24th August, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Ms Anu Aga, Dr. Narendra Jadhav,

Smt. Aruna Roy, Prof. Pramod Tandon, Dr N C Saxena, Shri Ashis Mondal, Ms

Mirai Chatterjee, Ms Farah Naqvi, Shri Deep Joshi and Dr A.K. Shiva Kumar.

3. Shri P.K. Pradhan, Secretary, Ministry of Health & Family Welfare made a

presentation for the information of the Council, on the Ministry’s response to the

Report of the High Level Expert Group of the Planning Commission on

Universal Health Coverage, chaired by Dr. Srinath Reddy, President, Public

Health Foundation of India. Smt. Sindhushree Khullar, Secretary, Planning

Commission was also present during this presentation. Dr.Srinath Reddy had

earlier made a presentation of the salient features of the Report to the Council in

its meeting held in March, 2012.

4. The Council also deliberated on the work which is still in progress in the NAC

Working Groups, namely: Transparency, Accountability and Governance on

Pre-Legislative Processes and Mahatma Gandhi National Rural Employment

Guarantee Scheme; PESA; Development of North Eastern Region; Skill

Development and Placement of Disadvantaged Groups; Development of

Particularly Vulnerable Tribal Groups (PVTGs); and Enhancing Farm Income

for Small Holders through Market Integration.

5. The next meeting of the NAC is scheduled to be held on 28th September, 2012.

1

Government of India

National Advisory Council

26th October, 2012

1. The Twenty-fourth meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 26th October, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Narendra Jadhav, Dr Mihir Shah,

Prof. Pramod Tandon, Dr N C Saxena, Shri Ashis Mondal, Ms Mirai Chatterjee,

Ms Farah Naqvi, Shri Deep Joshi and Dr A.K. Shiva Kumar.

3. The NAC, had in June, 2011 made a set of recommendations to reform ICDS

which included core strategies as well as a comprehensive package of reforms

that addressed institutional, programmatic and managerial gaps in the delivery

of ICDS. Shri Prem Narain, Secretary, Ministry of Women & Child

Development made a presentation for information of the Council on the steps

taken by the Government for a strengthened and reformed framework for

Integrated Child Development Services (ICDS). Some salient features of the

restructured ICDS that has recently been approved by the Government are:

Repositioning the Angan Wadi Cenre (AWC) as a “vibrant Early Childhood

Development (ECD) centre”, Construction of AWC Building, Strengthened

Package of Services, Improved Supplementary Nutrition Programme with

revision of cost norms, Strengthened training and capacity building at all levels

and a set of management and institutional reforms. The strengthened and

reformed ICDS targets to attain three main outcomes namely:

a. Prevent and reduce young child under-nutrition (% underweight children

0-3 years) by 10 percentage point;

b. Enhance early development and learning outcomes in all children 0-6

2

years of age; and

c. Improve care and nutrition of girls and women and reduce anaemia

prevalence in young children, girls and women by one fifth.

4. Ms Farah Naqvi, Convener of the NAC Working Group on Dalit Issues

presented to the Council recommendations of the Working Group on “Essential

Elements of Implementation Framework of Scheduled Caste Sub-Plan (SCSP)”.

NAC had in December, 2011 made recommendations with regard to key

principles of reform of the Scheduled Caste Sub-Plan and Tribal Sub-Plan.

Building on this earlier recommendation to reform the SCSP, the Working

Group further recommended a new framework for effective implementation of

SCSP, salient features of which are as under:

a. Current ‘post-facto accounting approach’ to SCSP consisting largely of

pro-rata accounting of expenditure on SCs in existing schemes has to

give way to a robust ‘pro-active planning approach’ to ensure, inclusive

growth and secure quantifiable benefits to the Scheduled Caste

population. A similar approach needs also to be followed by the State

governments.

b. The SC Sub Plans at the Centre and the States should include only such

existing schemes (including additional components to existing schemes)

or new proposed schemes that fulfill the following criteria that benefits

to SCs are quantifiable and the scheme has the potential to bridge the

gaps in development between SCs and others. Schemes where benefits

to SCs are merely notional are not to be included in the Sub Plans.

c. National Commission for SCs, to be strengthened with professional

expertise, may recommend schemes to Central Ministries

d. The SC Sub Plans formulated by the Central Ministries need to be

appraised by the Planning Commission to ensure that the schemes

included in the SC Sub Plans fulfill the above mentioned criteria.

Similarly State governments may entrust the responsibility to appraise

the SC Sub Plans to the Planning Department or any other appropriate

3

agency identified by the State governments

e. The institutional mechanisms for planning and implementation need to

be made more robust.

f. Strengthened transparency and accountability measures and monitoring

of outcomes need to be put in place.

The Working Group recommended that the Government issue fresh guidelines

covering these principles.

5. The National Advisory Council, after deliberations, approved the

recommendations of the Working Group and decided to recommend to the

Government the Essential Elements of Implementation Framework for both

Scheduled Caste Sub-Plan (SCSP) and Tribal Sub-Plan (TSP), as the planning,

appraisal and institutional strengthening are relevant for both SCSP and TSP.

6. The next meeting of the NAC is scheduled to be held on 30th November, 2012.

1

Government of India

National Advisory Council

30th November, 2012

1. The Twenty-fifth meeting of the National Advisory Council was chaired by Smt.

Sonia Gandhi on 30th

November, 2012 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Ms Anu Aga, Dr. Narendra Jadhav,

Dr. Mihir Shah, Prof. Pramod Tandon, Dr N C Saxena, Shri Ashis Mondal, Ms

Mirai Chatterjee, Shri Deep Joshi and Dr A.K. Shiva Kumar.

3. Prof. Pramod Tandon, Member & Convener of the NAC Working Group on

Development of North Eastern Region presented to the Council

recommendations of the Working Group on the following five sectors (i) Health

(ii) Telecommunication (iii) Connectivity (air) (iv) Higher Education [especially

science and engineering] and (v) Access to Financial Services. It was clarified

by the Convener that these were some of the subjects taken up in the first round

of deliberations and subjects such Agriculture, Roads, Sports & Sports

Infrastructure are being taken up in the second phase to begin shortly.

4. On the sectors taken up for consideration, the presentation highlighted the

following, with detailed recommendations under each of them:

a. To enhance outreach and delivery of health services with

infrastructure and additional manpower both in terms of medical

professionals as well as other service providers; emphasis on use of

technology and innovative methods to provide health care.

b. Telecom service to be treated as an essential service in the region

c. States in the NE Region to be connected with each other and with

rest of the country through reliable air connectivity, by investing in

infrastructure, small aircrafts, helicopter services, technical

manpower and state of art meteorological infrastructure

d. Strengthening institutional infrastructure and operational support in

central institutions of higher learning, especially in fields of

science and engineering

e. Access to financial services to be enhanced in NE Region, to bring

the NE Region at par with rest of the country in the 12th

Plan

period, by adopting multipronged strategy

5. The National Advisory Council, after deliberations, approved the

recommendations of the Working Group.

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6. Ms Anu Aga, Member & Convener of the NAC Working Group on Right to

Education presented to the Council the following recommendations of the

Working Group.

a. Increase financial allocations and improve efficiency to promote

learning outcomes and inclusiveness.

b. Establish well-defined learning outcome goals. It is essential to

define grade-wise standards of learning and align curriculum and

text books to these standards

c. Strengthen monitoring and evaluation systems through student

learning outcomes, teacher performance appraisal and school

performance review process as a whole.

d. Enlarging the pool of competent teachers. Professional standards at a

national level be set for teachers, teacher educators and teacher

training institutes. All Teacher education institutes need to be

reviewed periodically.

e. Ensure better integration of children from disadvantaged groups in

private schools .The definition of ‘disadvantaged’ to be widened to

include categories of highly disadvantaged groups such as migrant

and street children, children in conflict regions, children of manual

scavengers, It is government’s responsibility to timely reimburse the

private schools to cover incidental expenses such as the costs of

remedial work, counselling, text books, uniforms etc.

f. Develop a National Policy for early childhood and pre-school

education with the collaborative efforts of the Ministry of Women

and Child Development and Ministry for Human Resource

Development.

g. Support all schools to meet the norms under RTE after assessing the

compliance status of all Government, aided and private schools.

The National Advisory Council, after deliberations, agreed in principle with the

recommendations of the Working Group.

7. The next meeting of the NAC is scheduled to be held on 21st December, 2012.

1

Government of India

National Advisory Council

21st December, 2012

1. The Twenty-sixth meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 21st December, 2012 at 2 Motilal Nehru Place, New

Delhi.

2. Members who attended the meeting were Ms Anu Aga, Dr. Narendra Jadhav,

Dr. Mihir Shah, Prof. Pramod Tandon, Dr N C Saxena, Shri Ashis Mondal, Ms

Mirai Chatterjee, Ms Farah Naqvi, Shri Deep Joshi and Dr A.K. Shiva Kumar.

3. In its meeting in March 2012, the NAC had deliberated on social security for

unorganized workers to make the Unorganized Workers’ Social Security Act,

2008 as inclusive as possible with a comprehensive social security package to be

provided through single window backed by a common ICT architecture. The

recommendations of the NAC were communicated to the Government in April,

2012. Shri D.K. Mittal, Secretary, Department of Financial Services, and Dr M.

Sarangi, Secretary, Ministry of Labour & Employment, appraised the Council,

the salient features, coverage planned, implementation plan and time lines for

implementation of the Comprehensive Social Security Insurance Scheme

(CSSIS) evolved by Government of India, based on the recommendations of the

NAC, to be rolled out by Government of India in 2013-14, after holding

consultations with the States.

4. The Comprehensive Social Security Insurance Scheme (CSSIS) envisages

covering life, disability, Girl Child education (class IX-XII); co-contributory

pension on optional basis (@Rs 500 and Rs 1000/family each per year) on

tripartite basis (GOI, State and Beneficiary); and health insurance under

Rashtriya Swasthya Bima Yojana (RSBY). The implementation to be entrusted

to dedicated vertical in Life Insurance Corporation (LIC).

5. Shri Deep Joshi, Member, NAC and Convener of the NAC Working Group on

Panchayat (Extension to Scheduled Areas) Act 1996(PESA) presented the draft

recommendations of the Working Group to the Council. The NAC deliberated

and approved the Working Group proposals on Panchayat Extension to

Scheduled Areas Act (PESA) 1996. The proposal comprises of two main parts –

Amendments to the Act and directions under Proviso 3 of the Constitution along

with some recommendations to Government of India.

a. Amendments to PESA 1996: The proposal seeks to amend and elaborate

on the law with a view to strengthen it and rectify some of the

weaknesses in the existing law which include:

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i. enlarged list under definitions of terms used in the Act for further

clarification;

ii. elaboration of Gram Sabha and its geographical jurisdiction;

iii. enabling the Gram Sabha to constitute various committees for

various purposes;

iv. elaboration of the role of Gram Sabha in planning for

development and conduct of social audit;

v. prior informed consent for land acquisition and licensing for

minor minerals and its procedure;

vi. reinforcing the need to align Central and State laws in

conformity with PESA

vii. enabling the State government to make rules;

viii. enabling the Centre to issue directions and

ix. adding a provision of grievance redress for violation of the Act.

b. Directions: Certain directions on major issues have been proposed to be

issued under Proviso 3 of the Fifth Schedule in the interim .These need

not await amendment to the Act and can be issued immediately for better

implementation of the existing law. These pertain to the following areas:

i. Aligning laws in conformity with PESA to ensure autonomy of

Gram Sabha and Panchayats in Scheduled Areas.

ii. Identification and declaration of ‘Village’ to conduct gramsabhas

under the law

iii. Powers of Gram Sabha to identify beneficiaries, approve plans,

programmes and projects, control over institutions and

functionaries and issue of utilization certificate.

iv. Prevention of Land Alienation and Restoration of Illegally

Alienated Lands.

v. Control over Usurious Money Lending in the Scheduled Areas.

c. In addition, a few recommendations for Government of India are also

provided regarding:

i. Inclusion of tribal habitations hitherto not included under the

Fifth Schedule.

ii. Central Govt. to expedite law on Provisions of the Municipalities

(Extension to Scheduled Areas) Bill

iii. Constitution of Special Task Force to review functioning of VIth

Schedule Areas and to suggest appropriate administrative

arrangements for Vth schedule areas.

6. The next meeting of the NAC is scheduled to be held on 29th January, 2013.

1

Government of India

National Advisory Council

28th

January, 2013

1. The Twenty-seventh meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 28th

January, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Ms Anu Aga, Dr. Mihir Shah, Smt.

Aruna Roy, Shri Ashis Mondal, Ms Mirai Chatterjee, Ms Farah Naqvi, Shri

Deep Joshi and Dr A.K. Shiva Kumar.

3. Shri Ashis Mondal, Member, NAC and Convener of the NAC Working Group

on Enhancing Farm Income for Small Holders through Market Integration

presented the draft recommendations of the Working Group to the Council. It

was highlighted that building “collectives of smallholders” or farmer producer

organizations will address many of the output issues (markets, value addition,

post-harvest activities etc.) and input issues (extension, credit, plant protection,

insurance, nutrients) which will have positive impact on the productivity and

risk mitigation directly. The overall direction of the recommendations is to

create a policy environment that enables small and marginal farmers (SMF) to

build their collectives and grow as vibrant institutions and play an effective role

in the market in more equitable terms.

4. The recommendations were under four broad categories :

a. Institution building initiatives for smallholders

b. Financial services to smallholders’ institutions

c. Marketing of smallholders’ produce, inputs supply, services, etc., and

d. General Recommendation

5. The key recommendations being (a) Grant support to promote FPOs as the

platform for aggregation for market, financing & extension by developing a sub-

scheme within the existing Centrally Sponsored Schemes (CSS) of Agriculture

& Rural Development to promote Farmer Producer Organizations (FPOs) (b)

Establish Apex central organization to support FPOs and address the need for

promotional role (c ) Creating conducive policy regime for FPOs to access Start

up and Investment capital (d) FPOs be included as a recognized category of

institution under the Agricultural Produce Marketing Committees Act and be

allowed to market members’ produce directly to buyers of their choice, through

all platforms (e) Producer companies should continue to be retained as a part of

the proposed amended Companies Bill/Act. 2011.

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6. The Council deliberated on the proposals and agreed to the recommendations in

principle.

7. Smt. Farah Naqvi, Member NAC presented two sets of recommendations related

to Right to Education, viz., Grievance Redress & Monitoring and Discrimination

Free Schooling. The NAC Working Group has made following

recommendations on Grievance & Redress & Monitoring:-

i. Ministry of Human Resource Development (MHRD) through

advisories under Section 35 and other means should ask the State

Governments to establish and operationalise a Monitoring &

Grievance Redress Architecture from local to the State and National

levels.

ii. MHRD along with states to institutionalize mechanisms for dialogue

and mediation that ensures the participation of all stakeholders in

resolving grievances - individual and systemic. Three mechanisms - a

samudaya divas (school open day) and annual school audit initiated at

the school level; and block and district level shiksha samvads should

be institutionalized.

iii. provisions for capacity building of all personnel, involved with

Monitoring and Grievance Redress at different levels. Inter

Ministerial coordination mechanisms at Centre and state level to be

created for better convergence.

iv. Ministry of Women and Child should take steps towards strengthening

the National Commission for the Protection of Child Rights (NCPCR)

and the State Commissions for Protection of Child Rights (SCPCR).

This will entail institutional reform measures within SCPCRs and

augmenting both human and financial resources.

8. On Towards Ending Discrimination in Schools, the NAC Working Group has

recommended as follows:

i. MHRD along with states to take steps for defining discrimination,

preparing equality declaration and Code of Conduct for schools

and create mechanisms for children to engage with issues of diversity

and learn non-discriminatory behaviour.

ii. Reforms in Teacher Education and training for preparing and training

teachers to handle discrimination and engaging with issues of identity,

diversity, processes of social exclusion & inclusion.

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iii. Grievance redress to be done in non adversarial manner through

dialogue, training of school management committees and local

authorities on discrimination and evolving time bound and confidential

ways of resolution. Role of civil society important to facilitate shiksha

samvads and dispute resolution.

iv. Define and specify prevalent forms of discrimination, and make

provision of disciplinary action under service rules for contravention

of sec. 8 (c) & 9 (c). SCPCRs to take suo-moto cognizance of

systemic discrimination. Notify minority children under sec 2 (d).

v. Make budgetary provision to promote equity and inclusion in schools.

Utilize Equity funds under MHRD, Scheduled Caste Sub-Plan and

Tribal Sub-Plan and track expenditure for better outcomes.

9. The Council deliberated on the proposals and agreed to the recommendations in

principle.

10. The next meeting of the NAC is scheduled to be held on 26th

February, 2013.

1

Government of India

National Advisory Council

26th

February, 2013

1. The Twenty-eighth meeting of the National Advisory Council was chaired by

Smt. Sonia Gandhi on 26th

February, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Narendra Jadhav, Dr. Mihir Shah,

Prof. Pramod Tandon, Smt. Aruna Roy, Shri Naresh Saxena, Shri Ashis Mondal,

Ms Mirai Chatterjee, Ms Farah Naqvi, Shri Deep Joshi and Dr A.K. Shiva

Kumar.

3. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 is widely acknowledged as a landmark legislation in the journey to end

injustice, violence and atrocities against Scheduled Castes (SCs) and Scheduled

Tribes (STs). It was implemented in furtherance of the constitutional promises

and yet, over 20 years after it was enacted, its implementation suffers from

lacunae that must be addressed. Strengthening the Act is a necessary step to

reaffirm the commitments made in 1950 to Dalits and Tribals by our

Constitution - of a life of dignity and protection by the State against continuing

violence and injustice. Ms Farah Naqvi, Member, NAC and Convener of the

NAC Working Group on Dalit Issues presented the draft recommendations of

the Working Group to the Council on the measures needed to strengthen the Act.

4. The draft recommendations to amend the Act were broadly in five categories:

a. Amendments to Chapter 2 (Offences of Atrocities) to include new

definitions, re-phrase existing sections and expand scope of

presumptions that include:

i. defining new and systemic forms of atrocities; amending existing

offences to reflect present reality

ii. crafting some offences as strict liability offences and diluting

mens rea for such offences

iii. including relevant IPC offences carrying sentence of under 10

years

iv. expanding presumptions about knowledge of caste/tribal identity

as grounds of offence

v. clearly defining 'willful negligence' by public servants and

casting duty on Special Courts to take cognizance of such

negligence by public servants

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b. Institutional measures to strengthen implementation of the Act such

as:

i. Dedicated Special Courts

ii. Dedicated Special Public Prosecutors

iii. Day-to-day trial to be completed within 3 months

c. Rules to the Act be amended to ensure that quantum of relief and

rehabilitation is enhanced, and further that it is not calculated as a fixed

amount, but adjusted annually to inflation. In addition, the compensation

should be released expeditiously

d. A new chapter with comprehensive sections dealing with rights of

victims and witnesses, including protection, to be included in the Act

e. Towards prevention of atrocities, Government to develop a legistative

framework, under this Act or another Act, to cover such practices of

discrimination including, but not restricted to, discrimination in

educational institutions, in mid-day meals, in access to housing,

employment, and public goods and services. These discriminatory

practices may be defined as civil offences and accordingly civil remedies

may be provided

5. The Council deliberated on the proposals and agreed to the recommendations in

principle.

6. Shri Nandan Nilekani, Chairman, UIDAI made a presentation for information of

the Council on the Aadhaar project and Direct Benefit Transfer.

7. The next meeting of the NAC is scheduled to be held on 28th

March, 2013.

1

Government of India

National Advisory Council

26th April, 2013

1. The Twenty-ninth meeting of the National Advisory Council (NAC) was chaired by

Smt. Sonia Gandhi on 26th April, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Ms Anu Aga, Dr. Narendra Jadhav, Dr.

Mihir Shah, Prof. Pramod Tandon, Smt. Aruna Roy, Shri Naresh Saxena, Shri Ashis

Mondal, Ms Mirai Chatterjee, Ms Farah Naqvi, and Dr A.K. Shiva Kumar.

3. In its meeting held on 23rd October, 2010, the NAC had expressed deep concern at

the fact that manual scavenging still persists in the country and had made

recommendations to end the scourge of this demeaning practice. The NAC

followed this up in its meeting held on 28th April, 2011 and a second set of

recommendations were sent to the Government. Today, the Secretary, Ministry of

Housing and Urban Poverty Alleviation Shri A.K. Misra, Secretary, Ministry of

Social Justice & Empowerment Shri Anil Goswami and Chairman, Railway Board

Shri Vinay Mittal gave an update for the information of the Council, on the action

taken by the Government to end this practice. The update included the status of

“The Prohibition of Employment as Manual Scavengers and their Rehabilitation

Bill, 2012”, the survey being conducted for identification of manual scavengers and

the rehabilitation measures being undertaken.

4. Smt. Aruna Roy, Member, NAC and Convener of the Working Group on

Transparency, Accountability and Governance presented draft recommendations of

the Working Group on Pre-Legislative Process to the Council.

5. The scope of the Pre Legislative process in respect of Central Government to extend

to:

New Laws and amendments to Laws

New Rules and amendments to Rules

6. Mode of Implementation of Pre Legislative Process envisages that an Executive

Order be issued requiring all Central Ministries to follow the Pre legislative Process

before a legislation is introduced in the Parliament/amendment to Law/formulation of

rules/amendments to existing rules. The guidelines should provide for desirable

modes of disclosure and consultations, while details of such processes may be left to

be worked out by the Central Ministries/Departments concerned. The Pre Legislative

Process should also to adhere to the principles such as a) transparency, b)

inclusiveness and c) equity.

7. The draft recommendations of the Working Group will shortly be placed in public

domain for comments before they are finalized and communicated to the

Government.

8. The next meeting of the NAC is scheduled to be held on 31st May, 2013.

1

Government of India National Advisory Council

28th June, 2013

1. The Thirtieth meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 28th June, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Narendra Jadhav, Dr. Mihir Shah, Prof. Pramod Tandon, Ms Farah Naqvi, Ms Anu Aga, Shri Naresh Saxena, Ms Mirai Chatterjee, Shri Deep Joshi and Prof Virginius Xaxa. The Council welcomed its new member Prof. Virginius Xaxa.

3. Dr Mihir, Shah Member, NAC and Convener of Working Group on Reforms in Governance, Strengthening of Institutional Capacity and Effective Implementation of the Flagship Programmes presented draft recommendations. The recommendations focus on three broad areas - (i) Reforming Fund and Information Flow; (ii) Human Resource Deficit; and (iii) Knowledge Management.

4. The recommendations on fund flow are based on a transparent ‘internet –based work –flow system’ mechanism that will enable real- time visibility of movement of flagship programme funds to citizens. The proposed reforms aim at making the fund flow demand based, on time, optimum and reliable. On human resources, the Working Group suggested to develop young professionals for each flagship programme, engage local youth as community professionals and to put in place a responsive HR policy for professionals. On knowledge management, Working Group advocated for adaptive system and learning organizations that values people's knowledge, professional domain knowledge and implementor knowledge. The working group proposed institutional mechanisms to meet the knowledge requirement of flagship programmes by way of creating Resource Centres, Knowledge Partnerships and Internal Decision Support Systems.

5. The Council deliberated on the proposal and agreed to communicate the recommendations relating to Human Resources strategies and Knowledge Management to the Government, after incorporating the suggestions of the members. The recommendations relating to Fund flow is work in progress.

6. Ms Mirai Chatterjee, Convener of the Working Group on Universal Health Coverage presented draft recommendations before the council. The key

2

recommendations include sustained increases in public spending of health, greater flexibility in spending on health to State Governments and setting up of Incentive Fund by the Central Govt. to encourage States.

7. The recommendations also provide for an over arching National Health Regulatory & Development Framework for ensuring provision of quality health care by both public and private providers and developing community based monitoring and grievance redressal system. The recommendations provide for focus on Urban Health with decentralized planning by the urban local bodies and promotion of community action for better outreach and health information and education. The Govt. of India and the Planning Commission should encourage States to examine various options and pilot UHC models that are closely monitored and evaluated for effectiveness, efficiency and sustainability.

8. The Council deliberated on the proposal and agreed to communicate the recommendations to the Government.

9. Dr Narendra Jadhav, Convener of the working group on Particularly Vulnerable Tribal Groups (PVTGs), presented a set of recommendations which focused on evolving a sensitive and appropriate policy framework for PVTGs, as well as addressing the concerns of protecting their livelihoods, cultural identity and habitats while facilitating their access to development programmes and services and to improve their quality of life.

10. The key recommendations on PVTGs include enabling environment for

protection and promotion of rights of PVTG’s, evolving strategies for sustainable livelihoods and education status; improved service delivery mechanism for PVTG’s with a single window approach. The recommendations advocate for a participatory approach to development for PVTG’s and developing vulnerability index of each PVTGs in addition to, a separate Census for their effective enumeration.

11. The Council members deliberated on the proposal and made certain suggestions.

This is work in progress.

12. The next meeting of the NAC is scheduled to be held on 26th July, 2013.

Government of India

National Advisory Council

26th July, 2013

1. The Thirty first meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 26th July, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Mihir Shah, Ms Farah Naqvi, Ms Mirai Chatterjee, Shri Deep Joshi, Prof Virginius Xaxa and Shri Ashis Mondal.

3. Shri BK Chaturvedi, Member, Planning Commission made a presentation highlighting the Government's strategy in the 12th Plan period for development of North Eastern Region with special reference to the recommendations of NAC. He apprised the Council regarding various policy initiatives to ensure growth of the region. It was pointed out that per capita transfer of central funds to North Eastern States is nearly seven times of General Category States. Similarly, per capita Plan as well as Non Plan expenditure is also much higher for North Eastern States. Details of infrastructure projects being undertaken in the North East, especially the road, railways and water ways were provided . The need for continued significant public investment, focus on growth of agriculture, horticulture, floriculture, fisheries etc was highlighted as was the need for special physical and financial norms for projects in the region and convergence of schemes for maximum benefit.

4. Shri Ashis Mondal, Convener of the Working Group on Agro Forestry/Trees on Farms

gave an update of the progress made by the Working Group. He apprised the Council that a National Policy Framework on Agro Forestry is required. The policy must cover institutional, regulatory, technological and management issues including the implementation arrangement.

5. The next meeting of the NAC is scheduled to be held on 30th August, 2013.

Government of India

National Advisory Council

30th August, 2013

1. The Thirty Second meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 30th August, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr. Mihir Shah, Ms Anu Aga, Dr NC Saxena, Ms Farah Naqvi, Ms Mirai Chatterjee, Prof Virginius Xaxa, Prof Pramod Tandon, Dr AK Shiva Kumar and Shri Ashis Mondal.

3. Shri R Bhattacharya, Secretary, Ministry of Human Resources Development made a presentation on the progress made in implementation of NAC Recommendations on Right to Education. The NAC recommendations pertain to establishing well defined learning outcomes, enlarging the pool of competent teachers, ensuring better integration of children from disadvantaged and economically weaker sections in schools, developing a National Policy for early childhood and pre-school education and facilitating State governments to make all schools RTE compliant in a time bound manner. In addition, the NAC had also proposed recommendations for ending discrimination in schools and strengthening monitoring, accountability and grievance redress mechanism. The presentation highlighted the achievements made in respect of improving access, equity and quality in school education through Sarva Shiksha Abhiyan ( SSA) which is the main vehicle to implement Right to Education. It highlighted the decline in drop -out rates , enhanced enrollment of girls, SC STs and minorities. It also provided information on reforms in school education to focus on learning outcomes and evolving regulatory framework for teachers’ education and training institutes and improved grievance redressal and monitoring & supervision mechanisms being set up by States.

4. Dr Mihir Shah, Convener of the Working Group on "Reforms in Governance, Strengthening Institutional Capacities and Effective Implementation of Flagship Programmes" apprised the Council about the draft recommendations of the Working Group relating to the proposed Fund Flow Mechanism. He informed that recommendations aim at improving transparency and accountability in fund flow. The proposed recommendations would eliminate multiple levels in the current system, would check the delay in release of funds and also check the parking of funds at various levels leading to a large float in the pipeline. It was agreed that the proposed recommendations may be tested through a pilot by willing Ministries of Government of India.

5. The next meeting of the NAC is scheduled to be held on 27th September, 2013.

Government of India

National Advisory Council

27th September, 2013

1. The Thirty Third meeting of the National Advisory Council was chaired by Smt. Sonia Gandhi on 27th September, 2013 at 2 Motilal Nehru Place, New Delhi.

2. Members who attended the meeting were Dr Narendra Jadhav, Ms Anu Aga, Dr NC Saxena, Ms Mirai Chatterjee, Prof Virginius Xaxa, Dr AK Shiva Kumar, Shri Deep Joshi and Shri Ashis Mondal.

3. Shri AK Misra, Secretary, Ministry of Housing & Urban Poverty Alleviation made a presentation on the progress made in the implementation of NAC recommendations on reforms proposed for Rajiv Awas Yojana (RAY) and National Programme for Shelter and other Services for the Urban Homeless. He informed that the Union Cabinet on 3rd September, 2013 approved RAY and National Urban Livelihood Mission (NULM). In pursuance of the vision of Slum Free India, RAY was launched in June, 2011 in two phases; the preparatory phase for a period of two years which ended in June, 2013 and implementation phase for the period 2013-2022. The NAC recommendations, namely, eligibility of homeless and precariously housed, the scattered poor and definition of slums, other eligibility barriers, social amenities and basic services, mapping and survey, transparent slum tenability assessments, moratorium on forced eviction etc have been factored into the implementation strategy of the scheme. The National Programme for Shelter and other Services for Urban Homeless is now a component of NULM which incorporates the NAC recommendations viz. every one lakh urban population to have at least one permanent and well equipped all weather shelter for 100 persons or two with capacity for 50 persons, all necessary infrastructural facilities to be put in place, location of shelter to be close to the concentration of homeless persons and their work place etc.

4. Dr Narendra Jadhav, Convener of the Working Group on "Skill Development of Functionaries in Social Sector Programmes of Government" presented the draft recommendations of the Working Group. The presentation highlighted the demand for a very large number of frontline workers which will be generated over the 12th Plan period as a result of the expansion of the various social sector flagship and other programmes. Consequently, the need was emphasized for a clear Human Resource Policy which would include reforms in recruitment and selection process, systematic training and capacity building, developing performance management system, evolving human resource policy and introducing development related curricula in universities etc. The proposal was approved by the Council.

5. Shri Ashis Mondal, Convener of the Working Group on "Agro-Forestry/Trees on Farms" presented the draft recommendations of the Working Group. It was pointed out that Agro-forestry/Trees on Farms can be a great source for achieving multiple objectives of food security, nutrition & health, employment, livelihood, energy, climatic

change adaptation and mitigation. The presentation emphasized the urgent need to have a National Policy Framework on Agro Forestry to address issues of lack of institutional architecture, absence of dedicated extension mechanism and regulatory constraints. He underlined the need to constitute Agro-forestry Mission/Board to bring about the necessary coordination and convergence, simple and uniform regulatory regime, more investment in R&D, quality control for seeds and saplings, technical collaboration with expert agencies, availability of institutional finance and insurance coverage to the agro-forestry projects. The proposal was approved in principle by the Council.

6. The next meeting of the NAC is scheduled to be held on 25th October, 2013.

Government of IndiaNational Advisory Council

4th October, 2013

The National Advisory Council had constituted a Working Group of its Members on "Agro Forestry/Trees on Farms".In view of the fact that avenues like bio-fuel, employment generation opportunities, carbon sequestrition andoptimization of form productivity are now increasingly being addressed through Agro-forestry, the Working Grouplooked into the issue of evolving a common national framework for Afro Forestry/Trees on Farms.

02. The Working Group has had several rounds of consultations with the concerned central Ministries, seniorofficers of the State Governments, Civil Society, Financial Institutions and Experts. Based on the consultations, theWorking Group has come up with the set of draft recommendations in this regard.

03. The draft recommendations of the Working Group are now placed in public domain for comments.

4. Click here to download the draft recommendations of the NAC Working Group.

05. Comments may be sent to the Convener of the Working Group of NAC by 20th October, 2013 by email ataf[dot]nac[at]nic[dot]in or by post to:

Secretary,National Advisory Council2 Moti Lal Nehru Place,Akbar Road, New Delhi -110011.

Press Releases http://nac.nic.in/policy_framework.htm

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