RTI reply shows how Indira Gandhi ceded island to Sri Lanka

Times of India: New Delhi: Sunday, 31 March 2024.

As the decision of Indira Gandhi's govt to hand over Katchatheevu to Sri Lanka in 1974 promises to take centre stage in Lok Sabha campaign in Tamil Nadu and beyond, official documents and records of Parliament show how a vacillating India lost the battle for control of the island in Palk Strait to a smaller country determined to wrest it.
The documents, obtained by TN BJP chief K Annamalai through an RTI application, bring out Sri Lanka making up for its lack of size with tenacious pursuit of the 1.9 square km of land about 20km from Indian shore based on claims which New Delhi contested for decades only to acquiesce to finally. Sri Lanka, then Ceylon, pressed its claim right after Independence, when it said Indian Navy (then Royal Indian Navy) could not conduct exercises on the island without its permission. In Oct 1955, Ceylon Air Force held its exercise on the island.

Its stance was reflected in a minute by first PM Jawaharlal Nehru on May 10, 1961, who dismissed the issue as inconsequential.
I would've no hesitation in giving up claims to the island, Nehru wrote
I attach no importance at all to this little island and I would have no hesitation in giving up our claims to it. I do not like this pending indefinitely and being raised again in Parliament, Nehru wrote.
Nehru's minute is part of a note prepared by then commonwealth secretary Y D Gundevia, and which the ministry of external affairs (MEA) shared as a backgrounder with the informal Consultative Committee of Parliament in 1968.
The backgrounder is revealing in terms of the indecision that marked India's response until 1974, when it formally gave up its claim altogether. "The legal aspects of the question are highly complex. The question has been considered in some detail in this ministry. No clear conclusions can be drawn as to the strength of either India's or Ceylon's claim to sovereignty," the ministry said.
This, despite the opinion of the then attorney general M C Setalvad, in 1960, that India had a stronger claim on the island formed by a volcanic eruption. "The matter is by no means clear or free from difficulty but on the assessment of the whole evidence it appears to me that the balance lies in concluding that the sovereignty of India was and is in India," wrote the well-regarded law officer in a clear reference to the zamindari rights given by the East India Company to Raja of Ramnad (Ramnathpuram) over the islet and fishery and other resources around it.
The rights enjoyed "continuously and uninterruptedly" from 1875 to 1948, which got vested in the State of Madras after the abolition of zamindari rights, were exercised by the Raja independently, without having to pay tributes or taxes to Colombo.
The documents show that MEA's own joint secretary (law and treaties) K Krishna Rao was not sure, but concluded that India had a good legal case which could be leveraged for securing fishing rights - the cause for the continuing ordeal of hundreds of Indian fishermen who are detained by Sri Lankan Navy, around the island.
While observing that Colombo's claims are more "substantial", in 1960, Rao wrote: "On the other hand, it may be noted that India has a good legal case, which could be argued with considerable force. I am not suggesting that we have no case at all."
Even Gundevia, who did not consider the uninhabited island, with only a church on it, to be "really important", was against taking the risk of having to give it up, the MEA told the consultative committee in 1968.
The same year also saw the opposition taking the Indira Gandhi govt to task for its apparent unwillingness to confront Sri Lanka as it doubled down on its claim over the island.
In a discussion in Parliament, they demanded and got a discussion against the backdrop of rising suspicion about a deal being secretly negotiated between Indira Gandhi and her Ceylonese counterpart Dudley Senanayke during the latter's 1968 visit for handing over the island. Opposition members chided govt for not standing up to the signs - statements of Ceylonense PM Senanayake in their Parliament and of local functionaries, Katchatheevu being shown as their territory in maps - as creeping acquisition of the island.
The Indian govt denied that the island has been signed away but emphasised that it was a disputed site and that India's claim had to be balanced with the need for good bilateral ties. The response by Surendra Pal Singh, deputy minister in the MEA, that the island was uninhabited appeared to remind socialist veterans such as Madhu Limaye and Rabi Ray of Nehru's "not a blade of grass grows" remark after China's annexation of Aksai Chin, who flew into a rage.
Opposition raised the matter forcefully again in 1969, but the two sides continued to inch towards an agreement which would concede Sri Lanka's claim.
A year after foreign secretary-level talks in Colombo in 1973, the decision to relinquish India's claim was conveyed to Tamil Nadu chief minister M Karunanidhi in June 1974 by foreign secretary Kewal Singh. The meeting saw Singh mentioning the zamindari rights of Raja of Ramnad as also the failure of Sri Lanka to produce any documentary evidence to prove Lankan holding the title to Katchatheevu.
However, the foreign secretary emphasised that Sri Lanka had taken a "very determined position" on the basis of "records" showing the island to be part of the kingdom of Jaffnapatnam, Dutch and British maps, the acceptance of an Indian survey team of its claim and the failure of the State of Madras to show that Raja of Ramnad had the original title.
He said that Ceylon had asserted its sovereignty since 1925 without protests from India and cited a second opinion of 1970, by the then attorney general that "on balance, the sovereignty over Katchatheevu was and is with Ceylon and not with India".
Singh sought immediate concurrence from Karunanidhi, citing internal compulsions - India finding traces of oil that Sri Lanka was then unaware of, and external ones like the growing presence of pro-China lobby in Colombo and govt's reluctance to move the World Court, arguing that it tends to favour smaller countries. The foreign secretary did not have to press hard.

‘Against mandated 130 villages, Guj MPs adopted 106’

Times of India: Ahmedabad: Sunday, 31 March 2024.

The Adarsh Sansad Gram Yojana (Model MP Village Scheme) required every Member of Parliament (MP) to adopt five villages in their constituency and work towards making them model villages on certain parameters.
An application under the Right to Information (RTI) Act filed by Mahiti Adhikar Gujarat Pahel (MAGP) found that against the required 130 villages (26x5) to be adopted by MPs in Gujarat, only 106 were adopted.
The RTI response from the state govt said no villages in Dang and Porbandar were adopted by the local MPs.
Mahiti Adhikar Gujarat Pahel officials said the rural development commissioner’s office and general administration department (GAD) monitors these adoptions and funds utilized by MPs.
“We asked for details of villages adopted, year-wise expenditure and progress reports. In one response, we were told to look for the details on the Saanjhi website of the government of India, but no reports were uploaded there,” an official said.
The response also said that development works in villages are covered under GDPD and are not audited separately. Only one village panchayat at Vanpari provided audited accounts. The Saanjhi website did not provide any progress report on works and the photo gallery showed similar photos with different names. The Saanjhi website has five case studies from Gujarat, with only one from the 2019-24 period.
“These can include vaccination, fighting malnutrition, organizing gram sabhas, working for backward classes and women and so on. But no work report has been provided on websites or any forums,” said the official.

V.K. Pandian, close aide of Odisha CM, gets protection of 74 security personnel: RTI activists- SATYASUNDAR BARIK

The Hindu: Bhubaneswar: Saturday, 30 March 2024.

V.K. Pandian. File | Photo Credit: The Hindu

Odisha Soochana Adhikar Abhijan (OSAA), a forum for State’s RTI activists, on Friday, said 74 police personnel were deployed for the protection of V.K. Pandian, a close aide of Chief Minister Naveen Patnaik and chairman of 5T (Transformational Initiatives).
“The unprecedented allocation of security personnel to protect Mr. Pandian, a man with Cabinet Minister status in the Biju Janata Dal government, was unheard of. Typically, the level of security accorded to individuals is determined by perceived threats. However, the State government has remained notably reticent regarding the rationale behind this decision,” said Pradip Pradhan, convenor of OSAA, addressing a press conference here.
RTI activist Prakash Chandra Dash said that the Reserve Inspector of Police, Bhubaneswar, replying to his RTI application, revealed that two armed sub-inspectors, 11 havildars, 53 constables, four women constables and a protection vehicle were deployed for Mr. Pandian’s security.
“The State government spends ₹3 crore annually for the security detail of the 5T Chairperson. It is imperative for the government to clarify whether this security provision is aimed at addressing potential threats or enhancing the individual’s influential image,” Mr. Dash said.
“It’s hard to comprehend why Mr. Pandian would require 74 security personnel, especially considering that each Minister is allotted two and MLAs receive one each. The State government had not disclosed information about security provided to him when he was private secretary of Odisha CM,” he pointed out.
In response to another RTI query, the Commissionerate of Bhubaneswar-Cuttack said Mr. Patnaik received security from 268 personnel deployed in three shifts around his residence. As many as 55 personnel are deployed round the clock for a Z Plus security-protected person. Mr. Pradhan said the security being provided to Mr. Patnaik and Mr. Pandian raised eyebrows.
The OSAA suggested that a fresh threat assessment be conducted for Mr. Pandian and be reduced to de-burden the State exchequer.

‘Ban on entry’: Teacher, RTI activist write to PU chancellor

Times of India: Chandigarh: Saturday, 30 March 2024.
Following the release of minutes of Panjab University’s (PU) November syndicate meeting, Tarun Ghai, a teacher at an affiliated college, and R K Singla, an RTI activist, have raised concerns with the varsity chancellor and Vice-President of India Jagdeep Dhankhar regarding an alleged statement made about banning their entry to the campus.
According to the meeting minutes, syndicate member Varinder Singh proposed to restrict Ghai’s entry, citing that he was neither a student nor a teacher at PU. Singh also suggested issuing written notices against RTI activists like Singla, who were perceived to “exert pressure on the authorities”.
In response, PU vice-chancellor directed the dean of the college development council, Sanjay Kaushik, to address the matter.
While it remains unclear if any final decision was made, Ghai questioned the legality of the remarks, asserting that there was no provision in the PU academic calendar for such bans.
In their letter to the chancellor, Ghai and Singla alleged defamation and requested an investigation into the matter.

Delhi HC issues notice to CPIO of CBI on plea of IFS Sanjiv Chaturvedi alleging contempt of Court

ANI News: New Delhi: Saturday, 30 March 2024.
The Delhi High Court on Thursday issued notice to the CPIO of the Central Bureau of Investigation on a plea by Indian Forest Service (IFS ) Officer Sanjiv Chaturvedi alleging contempt of court on the part of the CPIO of the central agency for not complying with the order passed by the High Court on January 30 this year.
The High Court had dismissed the petition moved by the CPIO of CBI in 2020 against an order passed by the CIC in 2019.
Justice Mini Pushkarna issued notice on the petition and directed the respondent CPIO of CBI to file a reply within 4 weeks. The matter has been listed on May 27, 2024 for further hearing.
Sanjiv Chaturvedi has filed the petition, alleging willful disobedience of the judgement passed by the High Court on January 30, 2024.
During hearing, advocate Manoj Khanna, counsel for petitioner, submitted that on November 25, 2019, the Information Commissioner of the Central Information Commission (CIC) had directed the CPIO to provide information as sought in the RTI Application to the Appellant free of charge within 15 days from the date of receipt of this order. A compliance report to this effect shall be sent by the CPIO to the Commission.
However, the commission had refused to impose a penalty on CPIO and said that Commission does not find any mala fide intention on the part of the CPIO in denying information sought in the RTI Application. No action is warranted under Section 20 of the RTI Act in the matter.
Petitioner's further submission was that the petition of the respondent against the aforesaid order was dismissed by the learned Single Judge on January 30, 2024.
It was also submitted that, despite categorical directions, the requisite documents have still not been supplied to the petitioner.
On the other hand, counsel for the respondent submits that the respondent is in the process of filing an appeal against the judgement of January 30, 2024.
Chaturvedi has sought to provide a certified copy of all the file noting, documents, and correspondences related to the investigation done by the CBI on the corruption complaint dated July 3, 2014, marked to Nitish Mishra, SP (CBI), from the then CVO of AIIMS, New Delhi, regarding corruption in the purchase at trauma centres at AIIMS, New Delhi.
He had also sought to provide certified copies related to efforts made by CBI to locate Annexure-II of said complaint and statements, if any, taken from TR Mahajan, Assistant Store Officer, regarding supplier firm owned by his son and daughter-in-law.
He had also sought to provide codified copy of all the file noting, documents, and correspondence related to investigation done by CBI in the preliminary inquiry (PE) registered by ACB, New Delhi, in January, 2014, naming Vineet Chaudhary and BS. Anand, including the documents related to investigation done by CBI into the transaction of their properties, as mentioned in the said PE.
Chaturvedi further sought to provide certified copy of all the file-noting documents or correspondences into investigation done by CBI into corruption complaint dated May 19, 2014, received from Vigilance Cell of AIIMS, New Delhi regarding corruption in the surgery department of AIIMS, New Delhi and about which a half-baked report was sent by the CBI to the Union Health Ministry on December 17, 2014, it noted.
He also sought to provide certified copy of all the file notes, documents, and correspondences on complaint dated 22.01.2016 addressed to Sh. Anil Sinha, IPS, the then Director (CBI) on Subject-complaint against shoddy investigation by CBI, order of January 30 noted. (ANI)

(SANJIV CHATURVEDI  VS.  CPIO, CENTRAL BUREAU OF INVESTIGATION)

Chandigarh admn’s Panchayat Bhawan lost ₹1 crore in 5 years: Audit

Hindustan Times: Chandigarh: Saturday, 30 March 2024.
According to the report obtained under the Right to Information Act, Panchayat Bhawan has two large exhibition halls rented out to various organisations for commercial purposes
The UT local audit department has found that Panchayat Bhawan in Sector 18 (now converted into UT Guest House-2), which falls under the UT hospitality department, suffered losses to the tune of ₹1 crore between 2019 and 2023.
According to the audit report obtained under the Right to Information Act (RTI), Panchayat Bhawan has two large exhibition halls rented out to various organisations for commercial purposes. The report indicates a revenue loss of ₹39 lakh due to cancellation of hall number 502 on one occasion.
Additionally, the ₹2.15 lakh taken as advance for booking hall number 502 was utilised for renting hall number 501 to the same tenant. Then, hall number 501 was leased out for three years with a meagre increase of ₹500 per day without following the proper procedure.
In financial year 2022-23, the report stated, the hospitality department granted ₹31 lakh and ₹34 lakh, respectively, for salaries, wages and payments to retired staff to make UT Guest House-2 a sustainable entity. However, a condition was set that 50% of the society’s share will be deposited in the Consolidated Fund of India to the extent of fund transfer, but till date nothing has been done.
The report also highlighted that during the Covid-19 pandemic, 132 beds were utilised during a two-month quarantine period in 2020, resulting in a loss of ₹34 lakh due to lack of commercial bookings. This amount was to be recovered from the department concerned, but the authorities failed to do so. The audit further found that the society should address the matter with the department concerned and failing that it should be brought to the general body of the society for necessary action.
Even after repeated attempts, UT hospitality director Amit Kumar could not be contacted for comments.
Furthermore, the report revealed a loss of around ₹24 lakh as the salaries of staff running the canteen were paid from the society fund.
As per the report, in year 2021-22, a kitchen was allowed to be run by the UT hospitality department without intimating the provision of memorandum of association of Panchayat Bhawan society with the condition that revenue/sale proceeds of food and beverages will be deposited in the central treasury under receipt head of hospitality department by the secretary. But the salaries of the staff were paid from the society fund.
RK Garg, who obtained the information under the RTI Act, said, “I urge the UT adviser to scrutinise the accounts of such societies seriously in the interest of revenue.”
Panchayat Bhawan, which was converted into UT Guest House-2 in 2019, has 28 rooms and two big halls. The room rent is ₹1,792 per day.

RTI activist given compensation, but he wants questions answered

Times of India: Chennai: Friday, 29 March 2024.
The Tamil Nadu State Information Commission has ordered a compensation of ₹15,000 to a city-based RTI petitioner for failure on the part of police to provide the information. The activist, however, said that the petition has been disposed of without serving its purpose as he is yet to receive the information that he had asked for.
In 2020, M Kasimayan filed an RTI petition before the T Nagar police deputy commissioner (public information officer - PIO) seeking permission to inspect files containing action taken reports filed by police to the chief minister’s cell. Earlier, he had filed complaints to the CM’s cell and those complaints were forwarded to the T Nagar police. Kasimayan wanted information on the action taken report. Since he did not get the information he sought, he filed a first appeal before the joint commissioner concerned. When he did not receive any response, he filed a second appeal before the State Information Commission.
In Nov 2020, the commission ordered the PIO to provide complete information to the petitioner. The case came up for hearing in Jan again. Kasimayan argued that the PIO did not provide details even 1,000 days after the commission's direction. He also sought action against the PIO.
The order in the case was uploaded recently. Kasimayan was awarded compensation of ₹15,000. “My original request was to inspect the documents at T Nagar deputy commissioner's office. My appeal went in vain. Now, I have been awarded compensation to silence me,” Kasimayan said. While information commission officials were not available for their comment, Kasimayan said he has decided to approach the court for remedy.

RTI shows Kerala govt lacks data on collection of entertainment tax, cess from movie theaters

Mathrubhumi: Kochi: Friday, 29 March 2024.
A recent RTI reply from the Local Self-Government Department (LSGD) suggests that the state government has no proper data on entertainment tax and cess collected from movie theatres. It is alleged that most theatres are not prompt on tax and cess payment and LSGD remains clueless about data.
The state government has imposed an 8% entertainment tax on every cinema ticket and Rs 3 cess is collected for the welfare fund. The Right to Information (RTI) Act query sought the year-wise data of entertainment tax and cess collected by theatres and their payments to the government. The data for the last 10 years was sought and LSGD replied that no information was available. Also, the reply came after a four-month delay.
Earlier, LSGD had data on tickets sold. However, with the coming of online booking apps and
websites, the department is clueless on the matter.
The government recently pushed mobile app named ‘EnteShow’ and a website for cine-goers to book movie tickets as a solution to resolve the issue. The main advantage is that the app will provide the government, film producers, and theatre owners with a precise picture of how many tickets are being sold.
The plan was to make all theatres in the state accessible via the app for ticket booking by January. However, many theatre operators opposed the move, and the government is not seen as proactive in pursuing its original plan. It is also alleged that online booking sites and apps are lobbying against the move.

Cooperative societies under ambit of RTI for first time in Madhya Pradesh

Times of India: Bhopal: Friday, 29 March 2024.
In a landmark order, all cooperative societies in Madhya Pradesh involved in grain procurement and the operation of ration shops have been brought under the Right to Information Act with immediate effect. This move aims to tighten scrutiny on potential scams within cooperative societies. State Information Commissioner Rahul Singh has also mandated the suo moto disclosure of salaries of salesmen working at ration shops on district portals across the state.
The order emphasizes transparency and accountability in the operations of cooperative societies engaged in grain procurement and the Public Distribution System (PDS), thereby aiming to reduce corruption. Singh, in his order, explains that farmers often complain about irregularities in these systems, but the lack of transparency in cooperative societies' operations hinders problem resolution. This order will now make the inner workings of these government societies open to the public.
Shivanand Dwivedi, an RTI activist from Rewa, praised the decision, stating that it represents significant justice for farmers and common citizens by subjecting cooperative societies to RTI scrutiny. He believes this decision will not only benefit Madhya Pradesh but also set a precedent for bringing cooperative societies across India under the RTI.Rahul Dhoot, the Bhartiya Kisan Sangh State Head, remarked that the decision to bring societies under the ambit of RTI is excellent as it ensures transparency in their functioning, prevents arbitrary actions, and ultimately benefits farmers.
The decision arose from multiple complaints, including salesmen at PDS shops seeking information about their salaries through RTI and complaints about cooperative societies involved in ration shops and grain procurement withholding information, claiming the RTI Act does not apply to them.
A public authority is defined under the RTI Act as any institution under the government's control or substantially financed by the government. During the hearing, when Information Commissioner Rahul Singh asked the Cooperative department to provide details of salaries of the PDS salesmen, the department replied negatively, asserting that societies don't fall under the ambit of RTI. Singh then conducted an inquiry under the civil procedure code and found several government orders and notifications proving that these cooperative societies are indeed under government control. Singh's inquiry further revealed that all these societies exceed the threshold of Rs 50,000 under MP Appeal & Rules of the RTI Act, as they receive significant government funding. Singh, in his order, declares these societies well within the ambit of the RTI Act as they are significantly financed by the government, hence qualifying as public authorities under the RTI Act.
State Information Commissioner Rahul Singh referenced a decision by the Aurangabad High Court to bring all cooperative societies under RTI, holding the Registrar of Cooperative Societies accountable for providing information.
In his order, Rahul Singh appointed Deputy Commissioners of the Cooperative department in all districts as Public Information Officers and also designated the Joint Commissioner of the department as First Appellate Officers. Singh instructed the Principal Secretary of the Cooperatives Department to ensure that the mechanism for providing information under RTI is effective within one month of the order. Following this order, RTI applicants seeking details related to cooperative societies can file an RTI with the District Deputy Commissioner of Cooperative.
The Commission's investigation uncovered shocking discrepancies in the payment of salaries to salesmen, with some not receiving their salary for years, highlighting the need for corrective action.
Recognizing the severity of the salary discrepancies and their implications on the rights and living conditions of salesmen at ration shops, Information Commissioner Rahul Singh directed that the case be forwarded to the Principal Secretary of Food for appropriate action. Pointing out that Section 4 of the RTI Act mandates the suo moto disclosure of salary, Singh also directed to ensure transparency in salary distribution by uploading salary details to websites or portals across the state within three months.

Healthcare Information Comes under RTI Act, MP Information Commissioner Asks All Clinics and Hospitals To Provide Info within 30 Days: Vinita Deshmukh

Moneylife: Pune: Friday, 29 March 2024.
Often, hospital authorities do not make healthcare documents of patients accessible to them; although it is mandatory under the medical council of India rules, besides under the Right to Information Act (RTI).
In fact, under the RTI Act, central information commissioner (CIC) Prof Shridhar Acharyulu, in a second appeal hearing in 2016, had ordered that “patients and their relatives are entitled to know the treatment details including names and qualifications/ experience of doctors.”
He further added that “As per the law, this information has to be given within 72 hours, under section 2 (f) of the RTI Act. This falls under the scope of the definition of information as per the RTI Act.”
Last week, RTI empowered a citizen with access to healthcare information in Madhya Pradesh thanks to state information commissioner (SIC) Rahul Singh. In a landmark decision, SIC Singh has ordered that “All clinics and hospitals in Madhya Pradesh must come under the ambit of the RTI Act. Timely provision of registration and operational approval details of hospitals and clinics within 30 days of an RTI application is mandatory.”
M Singh’s decision has a reference to an RTI application. RTI applicant Sunita Tiwari from Jabalpur, who was seeking accountability for the death of her daughter, was denied crucial information regarding Star Hospital's registration. Despite repeated appeals, pertinent documents were withheld, prompting the information commission to order Rs5,000 compensation for Ms Tiwari due to the negligence of local health authorities.
Mr Singh stressed the urgency of tightening regulations surrounding healthcare facilities. He cited the example of a recent fire incident at a private hospital in Jabalpur as a poignant example of the risks posed by non-compliance. He observed in his order that “The responsibility lies with the health department to ensure adherence to established standards, with the public having a right to know the operational status of healthcare facilities.”
SIC Singh further stated in his order, “The commission is aware of the loss of life due to the severe fire incident in a private hospital in Jabalpur. In that case, the private hospital was operating by completely disregarding the rules and regulations. It is the responsibility of the health department to prevent the operation of illegally operated clinics and hospitals, but the negligence of the health department was also prominently evident in the Jabalpur fire incident.”
Mr Singh has also directed the principal secretary of Madhya Pradesh's public health and family welfare department to disseminate this order to all district chief medical and health officers across the state. This mandate compels the timely provision of hospital and clinic registration and operational approval information to RTI applicants within 30 days.
In his order, Mr Singh commented that such transparency by hospitals, “will act as a deterrent against the proliferation of unlawfully operated clinics and hospitals, posing a direct risk to public safety.” It may be noted that the Maharashtra government has recently begun a campaign to identify unregistered testing laboratories for healthcare.
Mr Acharyulu, in his 2016 decision, had also referred to several court orders about the transparency of hospitals, public or private. The RTI applicant’s son had died in Sri Gangaram Hospital due to alleged negligence by the hospital authorities.
He wrote in his order that: “…it is clear that the patients and their relatives are entitled to know the treatment details including names and qualifications/ experience of doctors.

• As per the law, this information had to be given within 72 hours, under section 2 (f) of the RTI Act.
• This falls under the scope of the definition of information as per the RTI Act.  The lack of responsibility from the respondent authority reflects its utter disregard for the law.

Withholding such information under sections 8 and 9 of the RTI Act is illegal as it does not conform to the provisions of the Act,” concluded Mr Singh.
Right to Information under medical council of India regulations
The medical council of India has imposed an obligation on hospitals as per the  regulations notified on 11 March 2002 amended up to December 2010 to maintain the medical record and provide patient access to it.
These regulations were made in exercise of the powers confirmed under section 20A (read with section 33(m) of the Indian Medical Council Act, 1956 (102 of 1956), by the medical council of India, with the previous approval of the Central government relating to the professional conduct, etiquette and ethics for registered medical practitioners, namely:
Maintenance of medical records:
1.3.1. Every physician shall maintain the medical records pertaining to his/ her indoor patients for a period of three years from the date of commencement of the treatment in a standard proforma laid down by the medical council of India and attached as appendix 3.
1.3.2. If   any   request   is   made   for   medical   records   either   by   the patients/ authorised attendant or legal authorities involved, the same may be duly acknowledged and documents shall be issued within the period of 72 hours.
1.3.1 provides for information, among other things, pertaining to diagnosis, investigations advised with reports, diagnosis after investigation and advice.

MC Exclusive: Indian banks reported frauds worth Rs 5.3 lakh crore in last 10 years, Data shared by RBI in response to an RTI plea by Moneycontrol showed that Maharashtra reported the highest number of frauds, followed by Delhi, Haryana, Tamil Nadu and Uttar Pradesh: JINIT PARMAR

Moneycontrol: Mumbai: Thursday, 28 March 2024.
Indian banks reported frauds worth Rs 5.3 lakh crore in the last decade, showed Reserve Bank of India (RBI) data made available in response to a right to information (RTI) petition filed by the Moneycontrol. The data showed that banks, both private and public sector, reported total of 4,62,733 frauds between 2013-14 and 2022-23.
In response to Moneycontrol’s queries on the details of bank frauds in the last 10 financial years by state and Union territory, the RTI reply showed that Maharashtra reported the highest number of frauds, followed by Delhi, Haryana, Tamil Nadu and Uttar Pradesh. Karnataka, Gujarat, Telangana, West Bengal and Rajasthan were next with total bank frauds between 8,000 to 12,000 in the last 10 financial years.
Sanjay Agarwal, senior director, banking, financial services and insurance, CareRatings, said banks have seen a rise in frauds but banks are focusing on credit risk assessment. "Frauds have been rising but banks are focusing on credit risk assessment," Agarwal said.

Worrying rise
An analysis of some of the central bank’s recent annual reports showed that most frauds related to advances, and through cards and digital or internet banking.
For example, in FY23, banks reported maximum frauds through cards and internet banking. Cards include debit and credit cards. Out of the 13,530 cases reported in FY23, 6,659 happened through cards and internet banking. Frauds against advances were also high at 4,109. A year before, in FY22, out of total 9,097 frauds, frauds against advances were at 3,833 and through cards and internet were at 3,596. And in FY21, frauds against advances stood at 3,476 and through cards and the internet were at 2,545 out of a total 7,338.
Additionally, the RBI on February 2 cautioned the public against frauds under the garb of updating know your customer (KYC) norms in the wake of continuing reports of customers falling prey to such instances. The modus operandi in such cases usually involved customers receiving unsolicited communications, including phone calls, SMS or emails, through which they are manipulated into revealing personal information, the RBI said.
Experts said that in the last few years, due to a rise in the usage of digital banking and payments services, bank frauds have seen an uptick.
"The use of digital banking services has jumped significantly. This has led to customers using banks' (internet) applications (apps) for many banking services and due to which there has been a jump in complaint numbers and frauds," said Chandan Sinha, former executive director, RBI.

Simultaneously, banks are working to improve their digital offerings by investing in new technology like artificial intelligence (AI), machine learning (ML), etc., to enhance services and reduce instances of fraud. For example, State Bank of India has set up institutional centres to develop AI products. Bank of Baroda has introduced tech at its branches to provide account details and offer other services. Many banks have introduced chatbots on their websites and apps that are used mainly for basic communication and handling customer queries. ICICI Bank’s chatbot, called iPal, guides visitors on the website to service options. HDFC Bank’s Eva chatbot assists website visitors with complaints and other services.
RBI executive director Ajay Kumar Choudhary during a discussion at Moneycontrol's inaugural India Fintech Conclave (IFC) on March 7, 2023, said the central bank had taken multiple initiatives to educate people regarding online frauds. "The data privacy law will help further tackle online fake messages frauds," Choudhary said.
Agarwal also highlighted that banks and their boards are forusing and investing more on risk management and assessment. "We've seen banks and even the central bank highlighting and focusing more on risks assessment," he said.
(JINIT PARMAR is a correspondent based out of Mumbai covering the banking sector, fintechs, NBFCs, insurance and more, tweets @jinitparmar10)

'No Idea If Ulwe Casting Yard Built On Mangroves', Says State Environment Dept: Bhalchandra Chorghade

Free Press Journal: Mumbai: Thursday, 28 March 2024.
The response to our RTI query shows that the MCZMA was not aware of the fact that the temple plot is part of the casting yard. Also, there is no information available at the government level that the casting yard came up in CRZ

In what could be termed as ‘shot in the arm’ for environmentalists in Navi Mumbai, the Environment and Climate Change department of Maharashtra Government has pleaded ignorance about the casting yard which the City and Industrial Development Corporation (CIDCO) gave to the Mumbai Metropolitan Region Development Authority (MMRDA), was built on mangroves. This has raised serious questions on the allotment of land by CIDCO to MMRDA for constructing a casting yard on mangroves for Mumbai Trans Harbour Link (MTHL).
Flouting the norms and order by the Bombay High Court, CIDCO allotted the land to Tirupati Tirumala Devasthanam (TTD) which proposed to construct a Tirupati Venkateswara Swami Temple on a plot measuring 40,000 sq mtr in Sector 12, Ulwe.  The planning agency allotted the land along the casting yard to TTD for the temple which was opposed by the environmentalists.
In a reply to the RTI query filed by environment activist and director of NatConnect Foundation, B N Kumar, the Environment and Climate Change department said that it does not have information whether the casting yard has been built of 16 Ha of mangroves along Ulwe. “The reply clearly states that CIDCO kept Maharashtra Coastal Zone Management Authority (MCZMA) in the dark about casting yard aspect,” Kumar said.
CIDCO Allots 10-acre Plot In 2022 For Casting Yard To MTHL
CIDCO allotted a 10-acre plot in April, 2022 for constructing a casting yard meant for the MTHL. The casting yard itself was put up on a 16 Ha Ulwe coastal area in Navi Mumbai on a temporary basis. According to NatConnect Foundation, the place was thriving with biodiversity and a fishing zone till 2018 with tidal influential area, mudflats and sparse mangroves while the casting yard came up in 2019.
“The environment impact assessment (EIA) report of MMRDA for MTHL clearly stated that the casting yard was a temporary project. CIDCO should have cleared the temporary landfill and restored the wetlands, mudflats by allowing free flow of tidal water from the adjacent Thane creek,” Kumar said.
Inquiry Reveals Lack of Disclosure In Coastal Zone Clearance For Balaji Temple in Ulwe
CIDCO and TTD approached MCZMA for coastal zone clearance for the proposed Balaji temple in Ulwe without disclosing the facts relating to the temporary casting yard as the minutes of the MCZMA meetings do not show these aspects. NatConnect then filed an application with the state environment department under the RTI Act to know if the MCZMA was aware of the fact that the temple plot is part of the casting yard and whether the casting yard itself was built on a 16 Ha mangrove.
Since the MCZMA comes under the state environment department, the latter’s response, possessing the signature of Vishal Madane, Public Information Officer, said the land allotment is the subject matter of CIDCO and that the department has no information whether the MTHL casting yard came up on CRZ area.
NGT To Review NatConnect's Application Against MCZMA's CRZ Clearance For Balaji Temple
Nat Connect's application against the MCZMA granting the CRZ nod for the temple is being heard by NGT which has already asked MCZMA to file its response showing the basis of the CRZ nod.
“The response to our RTI query shows that the MCZMA was not aware of the fact that the temple plot is part of the casting yard. Also, there is no information available at the government level that the casting yard came up in CRZ,” Kumar said.
Concerns Over CIDCO's Environmental Impact In Ulwe And MCZMA's CZMP Compliance
Another environmentalist and head of Sagar Shakti, Nandakumar Pawar, who is diligently following up the issue, said, “The Ulwe coast has been a fishing zone on which the casting yard was set up in 2019. CIDCO with no respect for the environment is now converting the temporary casting yard into a concrete jungle and we vehemently oppose this.”
The MCZMA had observed that the project planner needs to restrict the proposed construction in non-CRZ area as per approved CZMP, 2011. The members suggested that there shall not be any impact on CRZ area from the construction activities proposed in non-CRZ area.

Banks Want Forged Paper Trails After Taking Money Illegally From Customers For Modi Govt's Flagship Schemes: Hemant Gairola

Article14: Dehradun: Thursday, 28 March 2024.
Despite media exposés and frequent public complaints, banks nationwide continue taking money without authorisation from accounts to enrol customers in low-cost life-insurance and accident-insurance schemes launched by Prime Minister Narendra Modi. To meet targets set by the union government, bank offices are now withdrawing money from accounts of many customers en masse, in some cases even forging customer consent and asking local offices to camouflage forgeries.

For more than a year, engineering graduate Kundan Kumar from Saran district of Bihar has been trying to unsubscribe from an insurance policy he did not choose to buy in the first place.
Without his consent, Kumar’s bank deducted money from his account and enrolled him in the union government’s life insurance scheme Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY).
Days after his account was debited on 29 December 2022, upset that the bank, supposed to safeguard his money, took it without permission, Kumar, 26, sought a copy of his insurance application form from the bank under the Right to Information (RTI) Act, 2005.
On 2 February 2023, his bank, State Bank of India (SBI), replied, “Application form not found for the aforesaid insurance.”
The bank has not granted him a refund for this unsolicited insurance. He told Article 14 in an interview that he was still looking for a way “to get out of this dirty system”.
Like him, many across the country have protested unauthorised debits from their bank accounts for the government's insurance schemes.
Apart from life insurance, banks have also been enrolling customers without consent in the accident insurance scheme, called Pradhan Mantri Suraksha Bima Yojana (PMSBY). These complaints also extend to the centre’s micro-pension scheme, called Atal Pension Yojana (APY).
Like Kumar got enrolled in PMJJBY without consent, his mother was enrolled in the APY without consent, he said.
While the PMJJBY premium is Rs 436 a year, PMSBY costs Rs 20 a year. Once a customer is subscribed to these schemes, the fees are deducted automatically from his/her account annually.
The PMJJBY provides a cover of Rs 200,000 to a policyholder’s nominee in the event of death due to any reason. The PMSBY provides Rs 200,000 in case of death due to an accident and Rs 100,000 in case of a severe accident injury. The APY offers a monthly pension of up to Rs 5,000 after the age of 60. The monthly fee depends on the pension plan selected.
Often, those enrolled in insurance schemes without consent are not aware that they are paying a premium for an insurance cover. This prevents family members from availing the schemes’ benefits, rendering their premium payments unauthorised to begin with futile.
Bank employees tend to enter fabricated data while activating insurance schemes without the policyholder’s/account holder’s consent, said bank employees.
Policy certificates of such customers, accessed by this reporter, showed bogus nominees. This also restricts policyholders’ families from availing the benefits of the schemes.
Prime Minister Narendra Modi launched these low-cost welfare schemes in May 2015 to provide financial security to the poor. From the beginning,  banks faced allegations of enrolling customers in these schemes through fraudulent practices (here, here, here), purportedly because of government pressure.
In previous reports for Article 14 and The Wire, this reporter has described various ploys through which banks’ branches and field staff force these schemes upon their customers.
New evidence reveals that this malpractice has since been institutionalised, with regional, zonal and even head offices executing these frauds and forcing branches to conceal.
Huge Targets, Quick Fixes
The quickest albeit illegal way to enrol a high number of customers appears to be what is called “bulk activation”, where banks can upload and approve many customers’ details into the insurance-activation portal all at once using a spreadsheet or another bulk upload file.
No matter how steep the targets, they can be met with just a few clicks as long as the bank does not mind enrolling customers without their knowledge. Bank employees’ posts on X illustrate that this mode of enrolling customers is a matter of fact at banks.
In August 2023, an officers’ union of government-run UCO Bank sent a letter to its managing director & CEO, alleging that account holders in Dehradun were illegally enrolled in these government schemes from the back-end by the head office. Article 14 has a copy of the letter.
It says that in July-end, the zonal office in Dehradun sent the branches a list of accounts eligible for PMJJBY and PMSBY and asked the branches to activate the schemes in all of them, the letter said. Many branch managers refused to do so without customers’ consent, only for the head office to do this from the back-end.
The union’s letter said customer complaints began to trickle in, and branch managers requested their zonal office to issue refunds, but the zonal office instead instructed them to collect and backdate enrolment forms.
An employee of government-owned Canara Bank told this reporter that a similar story unfolded in Rajasthan last June. He said that regional offices sent branches lists of their customers eligible for PMJJBY.
Some branches enrolled customers without consent, some refused. The employee alleged that in the case of branches that refused, customers found themselves enrolled for the insurance from the back-end by their respective regional office.
This employee shared screenshots of the bank’s content management system, showing that PMJJBY was activated on customers’ accounts in bulk by an assistant general manager posted in a regional office. Article 14 has sent queries by email to this officer and is awaiting a response.
This reporter’s previous report on illegal enrolment of customers in these schemes was based on similar evidence of bulk activation in Canara Bank’s West Bengal unit.
One SBI employee from the bank’s Delhi circle shared with Article 14 screenshots of the bank’s de facto official WhatsApp group in October 2023. (Banks do not recognise WhatsApp as an official mode of communication, but liaisoning between regional/zonal offices and branches does take place on WhatsApp groups.)
The WhatsApp screenshots sent by the SBI employee showed bank employees being given instructions on how to initiate bulk enrolment of customers in PMSBY. This employee also shared screenshots of the bulk upload files.
“Today is login day for PMSBY in SBI Delhi circle. A huge number of fake PMSBY registrations will be done today. Excel data also placed by module office,” the employee told this reporter via WhatsApp.
A Gujarat resident told this reporter that his wife’s SBI account was auto-debited for PMJJBY on 19 January 2024. He said that when she went to her branch to seek an explanation, the branch told her that many accounts were debited because of a technical error, and now the bank was offering a full refund. To refund the money, the bank asked her to fill a form.

This customer’s husband told this reporter that he spoke with the branch manager, who apologetically said that he had received a list of accounts from his regional office and had no option but to debit them to save his job.
SBI is India’s largest public sector bank. The second largest government bank, Bank of Baroda, also uses bulk activation to meet enrolment targets without customers’ consent.
One Bank of Baroda employee from Karnataka shared screenshots of emails from December 2022 and February 2023, bearing details of eligible customers and instructing branches to enrol them in PMJJBY and PMSBY via bulk activation.

This employee said he had to do bulk enrolment of customers in PMSBY without their consent when his deputy regional manager asked him to do so and provided him with the list.
In response to Article 14’s queries about enrolling customers without their consent, UCO Bank’s assistant general manager of the financial inclusion department, Joydeep Nandy, sent the following reply: “In our communication to our zonal offices, we clearly mentioned that the customers should be contacted and persuaded to get enrolled under PMJJBY and PMSBY. We also mentioned that due procedure of PMJJBY and PMSBY enrolments like obtaining consent forms, nominee details etc. should be followed by branches before enrolment of customers.”
Nandy said a bulk enrolment menu was especially devised.
Branches sometimes conduct camps and receive a large number of applications, leading to difficulties in entering individual applications into the system in a short span of time. “For ease of working, the bulk enrolment option was made available to help the branches and clear out the large number of pending applications,” Nandy said.
“In light of the above, we have not followed any unethical practice while enrolling customers under both the schemes.”
The bank’s customers have been stating otherwise.

Article 14 discussed these allegations with forensic accountant and certified fraud examiner Nikhil Parulkar, a co-founder of forensic advisory services firm Ocurisc Consulting.
He said the UCO Bank employee union’s letter, employees’ allegations and online complaints are material enough to warrant an internal/forensic investigation, which would entail checking with customers whether they were enrolled with or without their consent.
Parulkar said the first step would be to order an immediate stop to debiting customers’ accounts for the schemes. Then the bank’s internal audit team or the vigilance department should check with 10–15% of randomly selected customers whether they were enrolled with or without their consent.
Canara Bank, SBI and Bank of Baroda did not reply to Article 14’s questions about enrolling customers without their knowledge.
However, a January 2024  report in MoneyControl showed that the SBI was aware of the problem and had issued a letter in this regard, instructing  branches to desist from “such unethical practices”.
Parulkar said the problem of debiting customers’ accounts without permission for one or the other schemes is a common ailment, called predatory sales practices in forensic audit parlance. He said such scenarios are prevalent in the banking sector, including private sector banks, but don’t get exposed until a whistleblower comes forth.
Canara Bank’s Cover-Up
Canara Bank underwent an audit in December 2023 after an article in The Economic Times highlighted online complaints about unauthorised debits for PMJJBY and PMSBY.
The bank’s employees’ grapevine was abuzz with news about this audit. Purportedly, the government asked the bank’s leadership to look into the allegations. Subsequently, branches were asked to examine customers’ application forms for these schemes. Since many customers were enrolled without consent via bulk activation, their forms did not exist.
An employee said his regional manager the very official who had enrolled customers without permission in bulk advised branch heads during a video conference to give a fake confirmation that the forms were all in place. The employee said his branch did just that. Eventually, its claim was accepted on face value and not cross-checked.
Article 14 has a copy of an email sent by a regional office of the bank to employees about the audit. Sent on 29 December 2023, it says: “All employees are advised to ensure that the consent forms in respect of PMJJBY and PMSBY enrolled accounts are obtained and placed on records. Inspection wing has given a timeline up to 30.12.2023 to ensure that the consent letter from customers has been obtained invariably and kept on record.”
Insurance regulations categorically state that customers be enrolled in any scheme only with prior and express consent in a prescribed format. However, it is a standard practice in banks to quietly enrol customers without their knowledge and seek applications later, if or when needed.
A former branch manager of Canara Bank posted in central India recounted that a couple of years ago, his regional office enrolled 50-odd customers of his branch in PMJJBY from the back-end, without consent. He said that to save himself from any trouble later on, he obtained application forms from most of the customers over the next few weeks.
For the aforesaid audit that followed The Economic Times report, Canara Bank employees were required to pull off a similar feat, in one day. About two weeks after the bank asked its employees over email to obtain consent forms, a bank officer told Article 14 via WhatsApp that the management was turning on the heat. “The application pressure is real. I feel like resigning [from] the job. What the heck! Someone from the back-end did something, now they are asking us to clean that mess. How am I going to get 4,000 forms!”
The employee later said she did not arrange for the forms as the pressure for the same vanished. Canara Bank did not reply to Article 14’s questions about this audit and the aforesaid email. Forensic auditor Parulkar said the email unambiguously pointed at wrongdoing.
“Wherever we have enrolled without asking, create a paper trail for that and place it on record. That is how this email has to be read,” he said, adding that this is a fraudulent practice tantamount to doctoring a document.
Pressure From The Top
For this pressure, bank employees do not blame their management as much as they blame the Department of Financial Services (DFS), which is in charge of key initiatives of the government concerning the banking and insurance sectors.
For PMJJBY, PMSBY, APY and other government schemes, the DFS gives enrolment targets to banks. Bank employees told Article 14 that top executives are berated by the DFS and threatened with consequences for failing to meet the targets.
A recent letter issued by government-run Punjab & Sind Bank to a zonal manager illustrates this top-down pressure. The letter cites the DFS’s order about these insurance and pension schemes, notes that the zonal manager’s area is lagging behind, and ends with a warning: the targets are to be “mandatorily achieved” to avoid “any unpleasant action”.

Article 14 also has audio-video clips of a performance review meeting of Union Bank of India’s Ayodhya region from November 2022. In the meeting, the bank’s regional head was rebuking branch managers for not meeting their enrolment targets for PMJJBY and PMSBY. “On December 1, MD & CEO has a meeting with the Department of Financial Services. Secondly, the [Union] Finance Minister will do the review herself,” the regional head is heard saying sternly.
Likewise, Article 14 has seen screenshots of bank employees’ WhatsApp groups wherein senior managers bring up the DFS’s name to push their staff to achieve enrolment targets. “As this is a DFS requirement, please drive maximum business today,” says one such message.
This pressure tactic is used not only on bank employees but also on business correspondents independent service-providers who run banking kiosks or mini-branches in remote regions.
An SBI kiosk operator from rural Bihar told this reporter that his seniors have been ordering every day in online meetings to meet the targets assigned by the DFS.
He said seniors advise arm-twisting customers into signing up and also threaten kiosk operators with loss of pay. Article 14’s previous report explains how these dynamics lead to widespread fraud with rural customers. A report in Hindi daily Dainik Bhaskar on 17 March described how an SBI kiosk operator in rural Madhya Pradesh fraudulently enrolled customers in PMSBY and registered their dead fathers as nominees.
Article 14 sought comment from the DFS and the union finance ministry via email on 2 March. There was no reply. If there is a response, we will update this story.
Article 14 filed an RTI request with the department and sought a copy of its letters/circulars to banks regarding enrollment under PMJJBY, PMSBY and APY.
It refused the information on the grounds that: “The information sought is under deliberation with the concerned stakeholders. The information received or generated is in fiduciary capacity and is likely to affect and compromise the strategic and economic interests of the State. The disclosure of such information is likely to affect the decision-making of the authority.”
Employees of various government banks explained to Article 14 how the pressure for these schemes percolates from the management to ground-level staff and results in fraud. Requesting anonymity, a mid-level officer of a government bank recounted a first-hand experience from his stint in a regional office: high enrolment targets for PMJJBY and PMSBY were imposed upon managers, eight of whom fell short, so they were lambasted in a meeting and their salary docked for a couple of months.
“It’s our helplessness that we have to do this… [We] feel very guilty about what we have been doing to people,” a UCO Bank employee told Article 14 on the condition of anonymity.
He said he once discussed with his senior, an assistant general manager, his apprehensions about debiting customers’ accounts without consent. He said the official dismissed his concerns and told him, “Kya fark padta hai! Kuch nahi hoga. Sab upar se neeche tak government ka saath hai.” (How does it matter! Nothing will happen. From the top to the bottom, we have the government’s backing.”
To gauge the extent of fraudulent enrolments, this reporter created a poll in three Facebook groups of bank employees. One group was the bank union We Bankers, and the other two were private groups for employees of Punjab National Bank (PNB) and Canara Bank.
Of the 428 people who voted, more than 91% said that either they or their colleagues were under pressure from their seniors to enrol customers in PMJJBY and PMSBY by hook or by crook.
Customers Hit Back
While the insurance schemes are low-cost and beneficial, unauthorised debits for the same have annoyed many.
X is awash with complaints of such customers, many of whom are students, unemployed youth and the poor, for whom every rupee matters. Some people have posted (here, here) that their account balance has gone into negative because of these unauthorised and unplanned deductions.
The scale of these unauthorised debits can be ascertained from the fact that YouTube videos (here, here, here) about how to exit these schemes garner lakhs of views and hundreds of angry comments from aggrieved bank customers.
A Canara Bank customer from Karnataka is suing the bank for debiting his account without consent for PMJJBY and PMSBY. In a case filed with Dharwad district consumer forum last July, Kiran M Goli sought Rs 5 lakh as damages for breach of fiduciary trust.
Goli told Article 14 over a phone call that the bank offered to settle the matter outside the court for Rs 1 lakh, an offer he rejected. He said he is pursuing the case not for money but for drawing the judiciary’s attention to this fraud.
He said he planned to file a petition in the Supreme Court and request a forensic audit into all banks’ enrolment modalities for PMJJBY and PMSBY.
Goli said Canara Bank granted him a refund for unsolicited insurance. The bank reportedly told him it intended to debit somebody else’s account but his account was charged because of a technical error. The bank gave the same explanation to another customer from Rajasthan who had filed an RTI request in July 2023 to ask how his account got charged for these schemes. The bank’s RTI reply said, “Due to some technical error, your account was debited for some amount instead of the other account. The deduction was totally a technical error.”
On the same lines, SBI replied to an RTI query of a Bihar resident last June by saying that his account was debited for PMJJBY erroneously. This reporter knows of banks giving the same reply to other customers’ RTI requests as well.

Certified fraud examiner Parulkar said that with many frauds that do take place in banks, especially in recent times, it is observed that a cover-up can be pulled off by portraying the fraud as a “technical” error. He said banks generally try to get away on the grounds of technicality. He said that while the benefit of doubt must be extended to everyone under the principles of natural justice, banks tend to use this tenet as a shield to hide their malpractices.
“Somebody who understands the system, the investigation process/strategy and all these practices, will not accept it,” he said about the plausibility of a technical error driving unauthorised debits across banks and across the country.
When customers demand a refund, at times bank employees pay them from their own pocket to avoid hassles. A PNB customer from Punjab said her branch manager paid her in cash and made the entry manually in her passbook. Article 14 has seen the passbook entry.
Likewise, an SBI employee from rural Uttar Pradesh offered to give a refund to a student from his own pocket after the student filed an RTI request and sought his enrolment forms. This reporter has the call recording in which the bank employee can be heard requesting the student to accept the money and let go of the matter, or else the employee would be in the line of fire. The student refused to accept money from the employee and insisted that the bank refund him, a request that was ultimately accepted.
Bank employees told this reporter that the unrelenting pressure to add customers in these schemes has been taking a toll on them. Refusing to enrol customers through easy but illegal methods can earn the ire of seniors whereas a complaint of wrongful enrolment from a customer can be a blot on their record.
As of 26 April 2023, more than 16.19 crore people stood subscribed to PMJJBY and more than 34.18 crore stood subscribed to PMSBY. Bank employees contend that if a forensic audit is undertaken, most of these registrations will turn out to have been done without customers’ knowledge.
(Hemant Gairola is an independent journalist based in Dehradun.)

Central Railway Senior Engineer Transferred After RTI Query Reveals High Maintenance Cost For Escalators: Kamal Mishra

Free Press Journal: Mumbai: Wednesday, 27 March 2024.
The RTI inquiry alleged exorbitant expenditures on the maintenance of escalators installed across various stations within the division.
In a significant development within the Central Railways Mumbai division, Senior Divisional Electrical Engineer (General), HS Sood, has been transferred following revelations brought to light by a Right to Information (RTI) query recently. The RTI inquiry alleged exorbitant expenditures on the maintenance of escalators installed across various stations within the division.
According to the obtained by Anil Galgali a noted RTI activist through RTI data, the maintenance cost per escalator for the Central Railway Mumbai division stands at a staggering Rs 2.97 lakh annually, significantly surpassing the Western Railway's maintenance expenditure of Rs 1.85 lakh per escalator. This stark contrast in maintenance costs has raised eyebrows and sparked concerns regarding potential inefficiencies or discrepancies within the Central Railway's maintenance protocols.
"As a consequence of these revelations,  Sood, the senior official overseeing electrical engineering matters within the division, has been transferred, indicating the seriousness with which the authorities are addressing the issue. This transfer underscores the Railway's commitment to transparency and accountability in its operations" said sources.
However an official of CR said, Sood already completed his tenure as a senior divisional electrical engineer ( General) of Mumbai division and its a routine transfer.
"The disparity in maintenance costs between the two divisions prompts questions about the efficacy of resource utilization and the need for greater scrutiny in expenditure allocation. Additionally, it highlights the imperative for thorough investigations into the factors contributing to such discrepancies to ensure optimal utilization of resources and efficient service delivery to commuters" said Anil Galgali.

Balochistan CM urged to implement right to information act

Dawn: Islamabad: Wednesday, 27 March 2024.
The Centre for Peace and Development Initiatives (CPDI) has urged the Chief Minister of Balochistan Sarfaraz Ahmed Bugti to ensure implementation of the Balochistan Right to Information Act 2021.
“CPDI recognises the paramount importance of transparency and accountability in governance, essential pillars for a thriving democracy. In light of this, CPDI underscores the urgency of fulfilling the legal mandate set forth in the Balochistan Right to Information Act 2021,” a statement issued by the think-tank said.
Passed by the Provincial Assembly of Balochistan on Feb 1, 2021, and subsequently receiving the assent of the Governor of Balochistan on February 15, 2021, the act mandates the appointment of members to the Balochistan Information Commission within 180 days of its commencement, as outlined in Section 18(1).
“Regrettably, even after more than three years of the enactment of this crucial legislation, the appointment of members to the Balochistan Information Commission remains pending,” says Mukhtar Ahmad Ali, Executive Director of CPDI.
“This delay not only contravenes the law but also undermines the fundamental principle of transparency and accountability envisaged by the Balochistan Right to Information Act.”
“Access to information is an inalienable right enshrined in the Constitution. Recognising its paramount importance in fostering good governance, combating corruption, and ensuring public institutions’ accountability, CPDI urges the prompt establishment of the Balochistan Information Commission,” he said.
“Mr. Sarfaraz Ahmed Bugti is respectfully urged to take immediate action to ensure the expeditious appointment of members to the Balochistan Information Commission, thus fulfilling the legal obligation and upholding the principles of transparency and accountability in governance,” he said.
“CPDI remains committed to collaborating with the government of Balochistan in promoting transparency, accountability, and good governance for the betterment of the province and the nation as a whole,” statement concludes.

What we do in the shadows: IFF seeks transparency in how Indian ‘smart governments’ are using AI: Disha Verma

Internet Freedom: Delhi: Wednesday, 27 March 2024.
We are presently witnessing rapid and large-scale adoption of AI, data learning and automated decision-making systems in the Indian public sector, but in doing so, governments are failing to meet a significant pillar of good governance transparency. In this post, we highlight the lack of institutional transparency in India’s AI-based governance projects, note why transparency is of utmost importance when it comes to new technologies like AI, and urge the National Institute of Smart Government to do its part by ensuring transparency while integrating AI-based services in the public sector under the NeGP and making existing project documents public.
Background
In the last two years, union and state governments have been deploying artificial intelligence (“AI”) based tools, portals and management systems across sectors to facilitate welfare service delivery, city planning and administration, enhanced security, surveillance, governance the list is long and rapidly expanding. This is done with help from institutions such as the National Institute of Smart Government (“NISG”), who help implement projects envisaged under the National e-Governance Plan (“NeGP”). NISG is known to be a trusted partner for governments to transition into e-governance and empower its citizens, and identifies ‘ensuring transparency’ as one of its core values. Yet, we notice a lack of transparency across smart government projects that use emerging technology like AI, data learning, or automated decision-making.
IFF wrote to NISG flagging the general lack of transparency in the deployment of AI-based projects and interventions initiated by the union and state governments over the last two years, and urging them to take proactive measures to make project documents and updates public.
The lack of transparency
Indian governments are deploying AI and automated technologies on a large scale across sectors, spanning a number of use-cases. Our attempt at categorising use-cases is tabulated below:

Such large-scale deployment of AI by government agencies currently lacks transparency. For instance, at the city-level, AI is being used in traffic management, city planning, waste management, and other urban administration issues under several flagship “Smart City” programmes (see AI-driven smart city projects in Chandigarh, Lucknow, Pune, Agra, Chennai, Ayodhya; read more here). However, little information is available about the kind of technologies used, technology providers, identified risks and error margins, accuracy and cyber security measures taken, cost implications, accountability structure, the data collected through AI, and so on. We have two primary concerns with this manner of deployment.
Project documents not made public
First, AI is being integrated and implemented on a large scale, but it is not clear if the necessary stages of democratic policymaking are being followed. For instance, before introducing an AI-based project, a government agency may be involved in drafting proposals, initiating a tender and bidding processes, selecting and collaborating with technology providers, spending time on research, development, testing and impact assessments, initiating a pilot phase, and drawing findings and lessons from the pilot to scale up the project.
While researching and tracking this for over 10 months, we have noticed that such processes are not being made public by the involved government agencies. We have particularly noted that tenders or RFPs relating to AI technology are not uploaded on government websites, unlike other tenders which are routinely posted and updated. Thus, it is difficult to ascertain whether procedural propriety is being followed by governments and see the kind of partnerships being created between public and private authorities for the use of AI.
Stonewalling the right to information
Secondly, we have found it extremely difficult and largely unsuccessful to access such information through requests moved under the Right to Information (“RTI”) Act, 2005. In these requests, we ask for basic information which we believe should be made public like the nature of technology used, the terms of tenders, MoUs and data sharing agreements entered between the government and technology providers, accuracy and impact assessments of the intervention, and related costs.
In our experience of seeking information on about 30 AI-based projects over a period of 10 months, we see that, for the most part, we do not receive any response from the government in the 30-day limitation period in which public authorities are mandated to furnish information under the RTI Act. The responses that we do get, fail to reveal any relevant information. To read more about our transparency efforts with AI projects, read our 2023 Transparency Report.
AI governance needs complete transparency
Moving towards smart government and integrating new technologies in the public sector is a reasonable objective. Globally, AI as a tool is seen to be ripe with possibilities and new horizons. But in keeping up with new technologies, governments must not circumvent democratic pillars of transparent and accountable policymaking. There is a need for public authorities, including the NISG, to proactively upload project information, tenders and updates on their websites. This need becomes more pressing when it comes to AI, which runs on complex, stochastic and blackbox algorithms that many may not completely understand, and the large scale in which it is being adopted across India.
Instances of algorithmic bias, exclusion, and discrimination in automated decision-making are well documented. In India, scheme beneficiaries have faced exclusion and indignity due to errors in AI-based welfare services (see here and here). Research recommends that artificial intelligence, in its present form, should not be used in welfare service delivery by the union government at all, as the datasets training the AI models are often not free from bias.
Use of AI in welfare schemes and by the police in the UK revealed three deficiencies: an algorithm used by the Department for Work and Pensions led to dozens of people having their benefits removed; a facial recognition tool used by the Metropolitan police made more mistakes recognising dark-skinned faces than light ones; an algorithm used by the Home Office to flag up sham marriages disproportionately selects people of certain nationalities.
Therefore, if union and state governments want to proceed with integrating AI across sectors, it must first invest time towards studying not only the technologies and their potential applications, but also their impact on human rights, social equity, and good governance. Second, they must make the entire process transparent.
Our ask
We urge NISG to, primarily, ensure transparency while integrating AI-based services in the public sector under the NeGP and make existing project documents public. In the long term, we hope NISG carefully reconsiders and assesses the impact of AI and new technologies on human rights and governance, and proceed in adherence with democratic principles. We remain at your disposal should you wish to discuss the matter further.
Important documents
IFF’s letter to NISG on transparency in government-led AI projects dated 21.03.2024 (link)