Wednesday, August 5, 2020

Why resurrect a failed policy? -- My interview

Q: The ordinances passed by the Centre regarding amendments in APMC and Essential Commodities Act have been hailed as path-breaking reforms in the legal framework. On the contrary, you have called these amendments a threat to Indian agriculture.  

When several decades back a former US Secretary of Agriculture, Earl Butz, at the time when Ronald Reagan was the American President, had famously said farmers: “Get Big or Get Out” I thought it was a prescription, good or bad, meant only for American farmers. But when Dr Shengann Fan, the Director General of the International Food Policy Research Institute (IFPRI) a couple of years back spelled out the same strategy, almost same, as a readymade prescription to pull Indian agriculture out of the crisis, I never thought Indian policy makers would be more than willing to push it not even caring to know whether this prescription is what the country needs.   

He had said: “Move Out, Move Up,” which as he explained meant basically bringing in economic policies to facilitate outward migration or ‘move out’ people from rural to urban areas and those who stay back to ‘move up’ in farming. After pursuing an unwritten policy of moving out a large section of the rural population over the past several decades to meet the growing demand for dehari mazdoor in the cities, I find the three farm Ordinances in line with the remaining part of the prescription – to ‘move up’. In other words, the three farm Ordinances point to a clearly laid out roadmap towards Corporate Agriculture, with the guidelines for FPOs if read in contiguity, paving the way for a build up of supply chains for the industry and that too at the Government expense ! 

I thought the massive reverse migration that the country had witnessed after the lockdown was imposed would open our eyes to how flawed the policy prescription of ‘move out’ was. Millions of people who had walked back to their villages were in reality what I call as Agricultural Refugees. They had moved out of the villages over the years when farming failed (and that was deliberate) to economically sustain their livelihoods. The pandemic provides us an opportunity to move in the reverse direction, which means instead of keeping agriculture deliberately impoverished bring in the extra emphasis to turn agriculture into a future powerhouse of India’s economy. This is what perhaps Prime Minister implied when he talked of Atmanirbhar Bharat.  

Q:  You have stated in an interview that the recent changes made by GOI in the agriculture sector are based on the US model. What similarities do we have with the US model? 

Yes, I am surprised the way policy makers have simply gone for a cut paste. All that is now being spelled out as agricultural market reforms have been in existence in America for more than six decades. It has been ‘one country, one market’ in America; farmers can sell anywhere within and outside the country; there is contract farming; there is no stock limit on big retail and there is commodity trading. Despite all these market reforms in existence, American farmers are passing through a terrible crisis.  

If market were so efficient, the question that needs to be asked is how come it failed American/European farmers? The Chief Economist of US Department of Agriculture (USDA) is on record having stated that the farm incomes have been a steep decline since 1960s. Majority of US farmers are bankrupt, with the total bankruptcy touching $425 billion. Rural suicides are 45 per cent higher than the urban centres.   

American/European farmers in reality survive on subsidies. Ever since the WTO came into existence in 1995, US/EU agricultural subsidies had remained a bone of contention. In 2018, the OECD provided a total farm support of $246 billion. This huge subsidy support actually decks up the market inefficiency. Not only for production, even agriculture exports are heavily subsidised. I remember an UNCTAD-India study in 2007 which had shown that if the green box subsidies (protecting domestic support in agriculture) in the developed countries were to be withdrawn, agricultural exports from US, EU and Canada would drop by about 40 per cent. 

Why therefore resurrect a failed policy? Why borrow a system that has crumbled in America and Europe? Why our policy makers can’t come up with policies that suit the national interest, conform to what the country’s needs are, and meet the emerging challenges of the future?   

Q: USA ranks among global leaders in agriculture. The US model has been borrowed by India. American agriculture is considered to be in a terrible state of crisis. In Europe, every minute a farmer quits agriculture despite massive subsidies. Post the agricultural ordinances, how shall the dots join for India? 

These are the questions that I have been seeking answers for. But I wonder whether our policy makers are even aware of these harsh realities. The reason is that they rarely step out of their air-conditioned offices, and at best are seen hobnobbing with agribusiness leaders. That is why the policy direction is taking us towards corporatisation of agriculture. 

Several decades back, at a conference in London, I remember the UK Food Group telling us that every minute a farmer was quitting farming in Europe. Already less than 2 per cent of the American population is engaged in farming, which also is on its way out. This is primarily because of the economic design, a design that tells us that to attain a higher GDP growth people should be moved out of agriculture into the cities. Agriculture has to be sacrificed to keep economic reforms viable. The exodus from the cities back to the villages should now tell us how flawed that economic prescription was. It didn’t happen only in India, it happened in Bangladesh, it happened in Pakistan, it happened almost across the developing world although the scale may be not as large as India. 

The answer lies in revitalising farming operations. And that would be possible only if farmers are ensured of an assured monthly income package. After all, they too have families to take care; they too need money to take care of family’s health expense, education, travel and so on. Farmers too have aspiration, and if markets could make that possible I don’t see any reason why OECD should continue to provide such massive subsidies year after year. Just because the ideology behind neoliberal economics is built on strengthening open markets does not mean we refuse to see where it has failed.  

That is why among the several measures I have time and again suggested to prop up agriculture, I have been calling for setting up a Commission for Farmers Income & Welfare with the primary objective of ensuring how a farm family can be assured of at least an income package matching the monthly income of the lowest Government employee. My argument is very clear: Give farmers his rightful income, and he will turn farming into a powerhouse of economic growth.   

Q: Noted industry leaders have called the recent agri reforms the "1991 moment for agriculture". They have said that the reforms shall open up the markets for farmers and lead to a huge transformation of the supply chains of agricultural output. But the 14-year-old Bihar experiment of doing away with APMC mandis failed. 

You said it right. Those who compare recent agricultural reforms as the 1991 moment are in fact industry voices. They speak for what is good for the industry. It does not necessarily mean that what is good for the industry automatically turns out to be good for farmers. 

In India, only 6 per cent farmers get the benefit of MSP. The remaining 94 per cent farmers in any case have been dependent on markets. If market were so benevolent I don’t see any reason why agrarian distress should have continued to grow. I don’t see any reason why thousands of farmers should be ending their lives every year. I also see no reason why an estimated 9 million people should be abandoning farming and migrating to the cities looking for a menial job. 

Talking about the Bihar failure with market reforms. Let me explain here why the failure of market reforms in Bihar that should be a lesson for future. I remember the excitement all around when in 2006 Bihar threw away the APMC Act. We were told that Bihar would be the harbinger of a new agricultural revolution based entirely on the markets. Private investments will flow, private market yards will spring up and farmers will get able to get a price discovery, meaning will be paid a higher price. In short, it will usher in rural prosperity. For 14 years, the nation has waited for that miracle to happen. 

It didn’t. In fact, even now some unscrupulous traders are transporting large quantities of wheat and paddy to be sold in Punjab and Haryana mandis where at least they get the MSP that the Government announces every year. If only instead Bihar had laid out a network of APMC mandis and provided farmers with an assured MSP every year I am sure the outward migration from Bihar would have dropped drastically.  

Bihar is a classic example of the failure of agricultural markets, a lost opportunity. This experiment has already played out on millions of farm families in Bihar, for whom it was a lost decade and a half. Let’s not repeat the experiment again.  

Q: What do you think is the role played by public sector in agriculture? Why is it vital and non-negotiable? 

You are very right. If only India had continued with heavy public sector investment over the decades it would have laid a strong foundation for resurgence in agriculture. But unfortunately, with World Bank/IMF breathing down the neck, and with our own economists parroting the failed prescription of moving people out of agriculture into the cities, the easiest way was to reduce the investments in agriculture. According to RBI, between 2011-12 and 2017-18, public sector investments in agriculture had remained between 0.3 and 0.4 per cent of the GDP.  

Now what miracle can you expect from agriculture, which involves roughly 50 per cent of the population, when the sector is deliberately kept starved of public investments?  

Compare this with the industry, which receives 6 per cent of the GDP by way of tax concessions alone. In fact, I have always maintained that the industry thrives on subsidies. This was very cleverly covered by a switch in vocabulary. When financial support is given for agriculture, it is termed as subsidy, a word that has been demonised. But when massive subsidies are provide to industries, these are called incentives. The general impression that has been created is that subsidies are a drain on the exchequer whereas incentives are absolutely essential for growth!  

It is all therefore a question of priorities. Since the intention was to move people out of agriculture, the investments were brought down. To restore the pride in agriculture, there has to be a renewed effort in boosting public-sector investments, large investments flowing in over the next few years. Private sector investments in agriculture will naturally follow once the Government makes its intent clear.  

For a country like India, public-sector’s role in agriculture is non-negotiable. Agriculture is the biggest employer in the country, and the effort should be to strengthen farming, which in turn will revitalise the rural artisans and the farm-based rural industries. The way to boost demand lies in improving agriculture, sustainably and economically. As I have often said agriculture alone has the potential to reboot the economy. I have failed to understand why mainline economists fail to see this simple but vital connection.  

Q: In wake of the three Ordinances, what is your suggestion for bringing prosperity to our farmers.   

The three Ordinances have already been notified. The urgency to push so called reforms, without even consulting farmers in whose name these are being pushed, has received huge farm protests in Punjab and Haryana. Interestingly, while farm protests are growing, all that the industry, the economists and the Government is saying is that farmers are being misinformed while in reality these measures will boost farm incomes.

But before we move any forward let us be first clear. I don’t want Indian agriculture to forever remain in subsistence. Economic Survey 2016 had told us that the average income of a farming family in 17 States of India, which means roughly half the country, is only Rs 20,000 a year, which means less than Rs 1,700 a month. This is not even enough to rear a cow. I shudder to think how these families survive. As if this is not enough, another study by OECD-ICRIER had clacluated that Indian farmers had suffered a loss of Rs 45-lakh crore between the years 2000 and 2016-17. This is a clear pointer to an extraordinary crisis that prevails on the farm. Later, studies by Niti Aayog have shown that growth in real farm income after 2015-16 and 2018-19 have remained almost ‘near zero’.  

This is not what Indian farmers deserve. Yes after year, farmers have worked hard to produce a bumper harvest. And yet, year after year, their incomes remain frozen or are on the decline.  

They too need a bright future. Let us therefore think of policies and measures that can pull them out of the grave agrarian crisis they live in. It is primarily a crisis of income insecurity. As I have always said, the problem is not in the crop field, but in economics. The crisis is not because of productivity shortfalls but because we have denied farmers their rightful income over the decades.  

To begin with, let’s first look at the three Ordinances. Well, if the three Ordinances are actually expected to give farmers a higher price for their produce, which means a higher income, then why a 4th Ordinance can’t be brought in which makes MSP a legal right for farmers? After all, if the reforms will lead to price discovery as everyone claims, why can’t MSP be a legal entitlement? This will assuage farmers concern, and since everyone feels the farm incomes will increase, I don’t see any reason why should the industry object to making MSP a legal right. If not, then it means the promise of a higher price is not a commitment.   

I am looking for the day when instead of just 6 per cent farmers getting MSP, the entire 100 per cent farming population become legally entitled to it (whosoever is eligible). This step alone will make farmers a true stakeholder in the resurgence of India.  

Secondly, since there are only about 7,000 APMC mandis the immediate need is to expand the network. If a mandi has to be provided in 5 kms radius, India will need 42,000 mandis. Third, the expansion of mandinetwork has to be accompanied by a nationwide programme to construct godowns at the village, panchayat and block level.  

This in my understanding should be the blueprint for ushering in Atmanirbhar Bharat. #

Source: Why resurrect a failed policy? Agriculture Today, Aug 1, 2020.http://www.agriculturetoday.in/magazine/2020/magazine-aug-2020.pdf


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Tuesday, August 4, 2020

Call for Papers-The Peace Journalist

I hope this message finds you and your loved ones safe and healthy.

The Peace Journalist magazine is seeking submissions for our October, 2020 edition. 
The Peace Journalist is a semi-annual publication (print and .pdf) of the Center for Global Peace Journalism at Park University in Parkville, Missouri. The Peace Journalist is dedicated to disseminating news and information for and about teachers, students, and practitioners of peace and conflict sensitive journalism.

Submissions are welcome from all. We seek submissions of 500-1500 words about peace media, peace and conflict sensitive journalism projects, and research into peace journalism and media and conflict.

Please submit your article via email to steve.youngblood@park.edu. 

Your article must have a strong media/peace, media/peacebuilding, and/or conflict sensitive journalism angle. The Peace Journalist does not run general articles about peace initiatives or projects.

The submission deadline is Sept. 3. However, it’s advisable to submit your article early, since space is always an issue.

To see copies of the most recent Peace Journalist, and to peruse past issues, go to:

Thank you in advance for your interest in the Peace Journalist.

Steven Youngblood
Editor, The Peace Journalist
Director, Center for Global Peace Journalism
Park University
Parkville, MO USA
www.park.edu/peacecenter
Twitter: @PeaceJourn
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A new battery of middlemen in agriculture

Pic courtesy: Indian Express

There is excitement in the air. Soon after the three ordinances were announced in what the Agriculture Minister Narendra Singh Tomar termed as a “historic day for agriculture” a section of the mainline media was filled with a sense of elation. Now farmers can finally breathe, screamed a headline. Hailing the long-pending agrarian reforms, another newspaper blared out that the freedom to farmer to sell to anyone, anywhere, has finally freed them from the clutches of mandis. 

There is a sense of jubilation over the Central Government’s decision to finally bite the bullet, free farmers from the grasp of middlemen, who as most of the city bred believe have willy-nilly been short changing the farmers. The dhoti-kurtaclad trader, not very literate, but a very smart player in his day-to-day dealings, has often been portrayed as a side villain in Bollywood films. Not only films, even the textbooks have painted him as a villain of the growth story. This is the image that has stayed with us. It remains embedded in our thinking. 

Call him Arhtiya, Sahukar or a middleman; he is often dressed up in a dhoti-kurta or a kurta-pyajama. He also at times doubles up as a moneylender. Although the Webster dictionary describes middleman as a dealer between the producer and the consumer, the average perception is in the negative, painting him more like an evil character. This is far from true. Perhaps a closer to an objective definition has been offered by an Agritech consultant and blogger Venky Ramachandran: “Middlemen offer hyper-local infrastructure to farmers to help them avail timely credit and inputs based on their contextual relationship-driven understanding of farmers’ cropping cycles.”In fact, the relationship goes much beyond providing credit and inputs but also extends to procuring the marketable surplus, and often comes as a much needed respite at times of family emergencies. 

Nevertheless, while the educated despise the traditionally dressed middleman, they have no such qualms about a middleman who comes dressed in a tie and suit. What has the dress sense to do with the liking and disliking for the role a middleman plays is something for the psychologists to find out, but perhaps showing contempt for the local arhtiya comes in handy to replace the existing breed. Many glib talkers, highly educated, who write or call to seek advice on how they intend to bridge the gap between a farmer and consumer by squeezing out the middleman never return back when told what they plan to do is nothing different.   

To illustrate, a Start-Up using digital technology to market agri-inputs is for all practical purposes a middleman. The fact that they use technology and often have app based technological solutions, but in the end they may be a little different from a retailer, but are primarily trying to sell agri-inputs to farmers at a commission. Most of those who use the weather-based advisory to market specific pesticides and fertilisers to meet the timely needs are no different. In any case, whatever algorithms the Start-Ups may be using, and this can be true for big retailers or small enterprises, in the end the effort is to reduce the margins and increase profits. 

Then there is this category of Start-Ups whose claim to fame is to serve as an intermediary in the “farm to fork” supply chains. Most of them work in the vegetable and horticulture supply chains, with direct delivery of fresh fruits and vegetables to consumers. At best these intermediaries can be called as the new battery of middlemen, replacing the humble street vendor and the neighbourhood retail vegetable shopwala. Only time will tell how much benefit farmers receive by way of higher prices that Farmer Producer Organisations (FPOs) promise, and whether they will be able to ensure Minimum Support Price (MSP) to farmers. We know of two FPOs in Maharashtra, which purchased gram from farmers at MSP, and have run into losses.   

While there is no denying that the objective behind setting up Start-Ups and FPOs is laudable, claiming to bring in new technology in agriculture, the challenge remains on how to provide a higher price. Take the case of moong. The MSP for moong for the 2020-21 marketing season is Rs 7,196 per quintal. The average market price in Madhya Pradesh markets have hovered around Rs 4,000 to Rs 4,500 per quintal. Any price above Rs 4,500 will be called a higher price. But will the new battery of middlemen be able to ensure that moong farmers are paid as per the MSP? If not, then why blame the arhtiyasitting in the mandi.   

The excitement over the freedom to sell to anyone, anywhere, also seems to be over hyped. If MSP is coming in the way of a better price discovery, the 70th Round of National Sample Survey Office (NSSO) had shown that between July 2012 and June 2013, majority of crop harvests, except for sugarcane, was sold to local private trader and a small proportion to the government agency/cooperative. For instance, 79 per cent of moong in the rabi 2013 marketing season was sold to private traders, 18 per cent in the mandi, and only 3 per cent to government agency. Similarly for paddy, 64 per cent was sold to private traders, and only 17 per cent in the mandi, and 6 per cent to government agency. Did the private trade generally offer them higher price? No. 

If bulk of marketing was happening with private trade and that too outside the mandi, as the NSSO report shows, it means the freedom to sell to anyone, anywhere, already existed. In any case, as I have repeatedly said, only 6 per cent farmers get the benefit of MSP, the remaining 94 per cent remain dependent on markets. The question therefore is not whether a farmer sells to the arhtiya or to the new battery of middlemen, that’s not true freedom. The biggest ticket reforms would be when farmers get the freedom to sell to anyone, anywhere, at a price not below MSP. #

Ensure farmers get paid for produce as per MSP. The Tribune. July 31, 2020  https://www.tribuneindia.com/news/comment/ensure-farmers-get-paid-for-produce-as-per-msp-120152?fbclid=IwAR3gDfA6ilDNbEQ9M7QG8PQ71oHt-UvQCKGYD7TL1sZqUUWdGthRAf1fXNY

 


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Monday, July 27, 2020

War, toxic media culture underscore need for peace journalism in Yemen
Imagine a highly polarized media environment where media focus exclusively on the alleged misdeeds and even atrocities committed by the other side. Media stoke hatred by dehumanizing the other side. In this environment, there is no middle ground, only biased reporting and propaganda, leaving the public with a distorted picture of reality.

No, this is not the United States.

This is the media environment in Yemen, as described in an article by The Atlantic Council. Yemen is saddled not only with this toxic media culture, but with an especially brutal war that has, according to Human Rights Watch, sparked the “world’s largest humanitarian crisis, with 14 million people at risk of starvation and repeated outbreaks of deadly diseases like cholera.” (Human Rights Watch)

Against this backdrop, I conducted a peace journalism seminar last Thursday and Friday for 13 journalists from Mukalla in Southern Yemen, an area which has not been spared the ravages of war. According to one of the seminar’s organizers, in Mukalla,  “a half million people live in extreme poverty, and in the city streets beggars are searching for food in garbage, while sewage has floated in open drains, causing environmental pollution and spreading many diseases.”
In a normal year, due to the ongoing war, the seminar would have been conducted in person in a neighboring country like Oman or UAE. But we know 2020 is anything but normal, and thus, the seminar was held via Zoom.
I presented information about the fundamentals of peace journalism. The principles of giving voice to the voiceless and rejecting ‘us vs. them’ narratives were especially salient for the participants. We discussed if peace journalism is widely practiced in Yemen. According to the journalist participants, it is not. We also reviewed the Atlantic Council’s assessment of Yemeni media, and they agreed with the journalist who told the Atlantic Council that “polarization in Yemeni media has never been this high. The problem is that there is no room for a middle ground. On one hand, Houthis (one of the warring parties) allow press only if it is biased in favor of them, as does the Yemeni exiled-government. All that you have in Yemen now is propaganda and each side can support you, only if you abide by their propaganda.”

Asked to present tips on how Yemeni media could practice peace journalism, the participants shared ideas like listening to all parties; double checking sources; including discussions of peace; interviewing “everyone”; concentrating on truth and not rumors; and developing more training in peace journalism techniques. The participants also agreed that they have a vital role to play when it comes to curating social media for their audiences--to “check sources, look for the truth, and listen to all parties,” in the words of one participant.

The seminar closed with break-out session conversations about Peace Radio, a new community radio station dedicated to peace and peace programming that will begin broadcasting later this year in Southern Yemen. The journalists were excited about the potential of Peace Radio, believing it will help in changing perceptions about the conflict. The participants said Peace Radio will  be an especially useful platform for giving voice to all parties in the conflict, and for giving a voice to the voiceless, especially women.

I closed the seminar by pledging my support and advice as Peace Radio moves forward. I’m hopeful that when the fog of Covid-19 finally lifts, I’ll get a chance to meet my Yemeni colleagues in person.

 




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Thursday, July 23, 2020

Why can't banks take 'haircut' of petty dues of farmers?



Lakshminarayan is a farmer from Shimoga in Karnataka. He had taken a loan of Rs 35,000 from a local branch of Canara Bank. About a month ago, he received a threatening call from the bank asking him to pay back the pending dues or they will be forced to initiate action for recovering the amount. Panicked, he decided to rush to the bank, and knowing no bus was available at that time, he walked for 15 kms in a hilly terrain to finally reach the bank.

At the bank, he was told to pay Rs 3.46 of the pending loan amount.

This story is a grim reminder of the double standards the banks have in place when it comes to treating their customers. While the poor often receive inhuman treatment, which forces many of them to either land in jail or to commit suicide, the rich are treated with kid gloves and are allowed to easily get away with the bank itself taking the blow. Take the case of State Bank of India (SBI). According to a news report, the bank had written-off Rs 1.23-lakh crore of corporate bad loans in the past eight years. Despite we being told that technically speaking a bank write-off is not a loan waiver and the recovery process continues, all that the bank has been able to recover in these eight years is Rs 8,969-crores which come to a little over 7 per cent of the outstanding credit.

The biggest defaulters in this particular case being Bhushan Power & Steel Ltd with a outstanding loan of Rs 7,705-crore and Videocon Industries Ltd with pending dues of Rs 3,411-crore. As per an RTI reply, both the companies had failed to pay back even a single penny. In fact, out of the 56 borrowers, the list that was made available, the recovery from 36 companies was zero. For a balance of Rs 3.46 a farmer was asked to come to the bank and pay it up, but what happened to the 36 companies from whom SBI failed to recover even a penny?

Another news report, based on an RTI reply, had revealed that only 10 per cent of the bank loans written-off in four years, between 2015-16 and 2018-19 have been recovered. Out of a total of Rs 4,32,584 written-off in these four years, public sector banks could recover only Rs 45,659-crore. If 7 to 10 per cent of the total amount that is eventually what the banks are able to recover, the question that arises is why are banks trying to give an impression as if the write-offs of corporate debt is in any way different from the farm loan waiver? Using the ‘technical’ difference between a write-off and waiver banks have always maintained that writing-off bad loans does not mean that the recovery proceedings have stopped is in reality a very clever smoke-screen that is enacted to cover up the massive corporate defaults.

Strangely, this ‘technical’ cover up became a banking tradition over a period of time. But prior to that the RBI had in a circular issued to banks advised them to refrain from the practice. “Banks are required to extinguish all available means of recovery before writing off any account fully or partly. It is observed that some banks are resorting to technical write-off of accounts, which reduces incentives to recover. Banks resorting to partial and technical write-offs should not show the remaining part of the loan as standard asset.” Probably to cover its own lapses, banks have routinely been claiming that the write-off is simply a shift of the accounts from one ledger to another while the recovery goes on. But many banking experts believe that when bad loans are written-off banks actually remove the assets from the balance sheets knowing well they have lost all hope from recovering anything. 

This brings up a question. Why the banks should not be asked to first clear all options of recovery before announcing a write-off? Why deliberately create confusion in the minds of the people (as well as policy makers) by presenting a misleading picture of bank profits position by pushing the losses in a separate ledger? This is a mischievous practice and needs to be discontinued. I think the RBI needs to come heavily against the banks for this deliberate cover-up. But instead, banks are exerting pressure to set up a bad bank that takes care of the bad loans. Which means instead of addressing the fundamental reasons behind the malaise of increasing bad loans, banks are wanting another cover-up. Setting up a bad bank, in my opinion, is a bad idea.

In April, the Reserve Bank of India (RBI) informed that Rs 68,067-crore which were due from 50 wilful defaulters over the years has been written-off by nationalised banks. Many absconding businessmen, including the diamond merchant Mehul Choksi, are among them. Wilful defaulters are those who have the ability to pay back but don’t do so. Many banking experts have called for launching criminal proceedings against them, but it hasn’t been ever done. All India Banking Employees Association general secretary C H Venkatachalam was earlier quoted in media reports, saying: “It is known that bulk of these bad loans are attributable to big businesses and the affluent. Many cases of default are found to be deliberate, wilful and on account of diversion of funds. Unfortunately bank loan default is still a civil offence and hence criminal proceedings are not being instituted against them.”

Launching criminal proceedings against the wilful defaulters should be first step to stop banks being duped heavily by the rich and powerful. I wonder why the farmers continue to be penalised for petty loan defaults, while the rich get away so easily. If banks can take ‘haircut’ for thousands of crores of company defaults, I wonder why the banks can’t in general, and in this case Canara Bank in particular, take a ‘haircut’ of Rs 3.46? Why make a poor farmer travel all the way, spend a day’s hard labour, for just depositing a petty amount? When will the banks become a little sensible? #

Games Banks Play. Orissa Post. July 24, 2020
https://www.orissapost.com/games-banks-play/

कर्ज वसूली में दोहरा मानदंड, बता रहे हैं देविंदर शर्मा. Amar Ujala, July 23, 2020
https://www.amarujala.com/columns/opinion/double-standards-in-debt-collection-by-banks

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Wednesday, July 22, 2020

Is peace journalism possible during a war?
Is peace journalism possible in the middle of a war?

This will be the first of many questions I’ll be asking reporters from Mukalla, Yemen tomorrow and Friday during our Introduction to Peace Journalism seminar, to be presented on Zoom. I’ve seen peace journalism succeed in many post conflict situations, but am curious to hear the journalists’ viewpoint on the role of PJ in building peace during an ongoing war.

For the uninitiated, there has been a brutal war raging in Yemen for the last five years. (See this BBC primer for details). The war has led to arguably the world’s worst humanitarian disaster. According to Human Rights Watch, “The UN considers Yemen to be the world's largest humanitarian crisis, with 14 million people at risk of starvation and repeated outbreaks of deadly diseases like cholera. This crisis is linked to the armed conflict. The Saudi-led coalition's restrictions on imports have worsened the dire humanitarian situation.” 

In Mukalla in Southern Yemen, one of the seminar’s organizers described his city as one where “a half million people live in extreme poverty, and in the city streets beggars are searching for food in garbage, while sewage has floated in open drains, causing environmental pollution and spreading many diseases.” At least there is currently no fighting in the Mukalla region.

Against this discouraging backdrop, can peace journalism make a difference? I’ll have a better answer in a few days.

UPDATE
As I was posting this, I got a message from my Yemeni seminar organizer that is a reminder of yet another problem in the country—poor Internet. My friend writes,  “We are fine but unfortunately ,due to  the depression (storm) off the eastern coast of Yemen, the (communications) cable (for the) AL Mahra Governorate was cut off, which led to the suspension of internet service…I hope that this sudden and urgent matter does not delay the training date .Now 14 of 16 participants  all of them do not have the internet, including me, so I called  my friend in India to send this  message.”

I will keep you all posted.

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Wednesday, July 15, 2020

A Rethinking in Economics is Urgently Needed.



This biased economic thinking has to change. While farm loan waiver is despised at, corporate bad debt write-off is believed to lead to economic growth ! 

Former US Labour Secretary Robert Reich tweeted the other day: “America’s richest 1 per cent now owns half the value of the US stock market. The richest 10 per cent own 92 percent. So when Trump says the stock market is the economy, know who he’s really talking about.” Well, Trump is not the only head of a State, who believes that a booming stock market is a reflection of the state of the economy, the list of such leaders is pretty long. This shows how effectively credit rating agencies have drilled the idea into our minds.

Even on a day when India’s Finance Minister rises to present the annual budget all eyes are on the stock markets. When in Sept last, Nirmala Sitharaman announced a slew of measures to build up domestic demand at times of a slowdown; she presented a tax concession bonanza of Rs 1.45-lakh crore to the industry, reducing the basic corporate tax rate to 22 per cent, the celebrations next day were observed on the stock markets. Shares jumped by as much as 5 per cent, the highest in 10 years as some media reports indicated. If only the same amount had been allocated for providing more money into the hands of the poor, stock markets would have remained subdued but perhaps more demand could have been generated thereby refuelling the economy.

Even now, when globally the pandemic has left economies bleeding, the stock markets are on a Bull Run prompting Nobel laureate Paul Krugman to say there is something terribly going wrong. This is also evident from the fact that the top 614 of America’s billionaires increased their wealth by over $ 584 billion between Mar 18 and June 17 while more than 45.5 million Americans joined the unemployment queue in the same period. While, much of the wealth increase is related to the Wall Street, economic bailouts and stimulus packages have helped transfer more money into the pockets of the stinking rich. On top of it, is the ‘printing’ of surplus money in the form of Quantitative Easing (QE). According to Fitch Ratings, global QE asset purchases are expected to touch $ 6 trillion in 2020. By bolstering the financial and property markets, this helps the rich become richer. But rarely have I seen the universities deliberating on the need to make QE work for the people. Why does it invariably fail to become part of the economics curricula or be a part of media debates is beyond my understanding?

In India, while the industry is lobbying hard to seek further tax concessions to the tune of Rs 2.50-lakh crore by bringing the corporate tax slab to a low of 15 per cent, an Oxfam study had earlier pointed to a creation of 117 million jobs if the richest 1 per cent globally were to be made to pay an additional tax of just 0.5 per cent over the next ten years. If we look at it economically, this makes terrific sense. To promote inclusive and sustainable growth, UNCSD tells us that creating employment and decent job opportunities will ultimately drive progress. But then why mainline economists have invariably failed to demand imposition of a slightly higher corporate tax if it could lead to such huge employment opportunities, still continues to baffle me.

In the past 30 years, says Bernie Sanders, the wealth of top 1 percent has gone up by $ 22.65 trillion, while the wealth of bottom 50 percent has gone down by $776 billion. “This growing wealth inequality is morally obscene,” he regretted. Inequality is not only related to wealth accumulation, but also stems for an ideological bias. In India, a former Chief Economic Advisor had once said that writing-off corporate bad loans leads to economic growth. The question that wasn’t asked is how come when both the corporate and farmers draw loans from the same banks, writing-off of corporate bad debt leads to economic growth whereas farm loan waiver upsets the national balance sheet? Similarly, why should nations continue to blindly pursue the outdated economic theory that workforce from agriculture needs to be shifted to the urban centres, primarily to ensure that companies don’t have to pay higher wages? Is it not a reflection of an ideological position?

Similarly, why is that any additional investment in agriculture, public health and education is seen as a drag on the economy? For instance, why is it that a sledge hammer blow of a pandemic made the government realise the importance of public health. “The public sector has an inescapable obligation towards health. The private sector alone cannot fulfil it. Of course, there will be public-private partnerships. Over the next five years, the Centre alone should be able to at least spend 2.1 per cent of the GDP on health,” N K Singh, chairman of the 15th Finance Commission recently said. Whatever the reason, even in normal times the emphasis on public health should not have diminished. But if only the reports of the finance commission for instance were deliberated and hotly debated in the class rooms will the future economists not get a peep into how our financial policies lays the framework for declining public sector investments in social sectors, and also lead to the kind of stark socio-economic inequalities.

Still, the bigger lesson is that if Britain can spend 9.6 per cent of its GDP on public health, why should India not try to catch up with at least 6 per cent to begin with? Why should public sector investment in agriculture continue to hover around 0.4 per cent of the GDP (between 2011-12 and 2017-18) when the sector employs roughly 50 per cent population? Why should the poor continue to live on the margins while the rich are routinely provided with massive bank write-offs, tax cuts and subsidies packed in the name of incentives for growth? Why should we have socialism for the rich, and leave poor to the market forces? Why should growth economics come in conflict with nature?     

These are not difficult questions, but need a rethinking in economics. #

Incentives for the rich, raw deal for the poor. The Tribune. July 13, 2020


READ MORE - A Rethinking in Economics is Urgently Needed.

School Suspension Or Expulsion For Bullying

By Michelle Ball, California Education Attorney for Students since 1995

Do you remember the school bully?  Or, maybe you have seen movie depictions such as the red haired youth with his raccoon fur hat who terrorizes the main character, Ralphie, in A Christmas Story.  Bullying can occur anywhere in schools: in the classroom, in the bathroom, in the office, behind a building, on a field trip, on the way to or from school -- wherever students interact.  Bullying conduct, or actions that someone says are bullying, may result in a student being suspended or expelled. 

Per California Education Code section 48900(r), students who bully can be removed from school. Bullying is defined generally as:

[A]ny severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act ...that has or can be reasonably predicted to have the effect of one ore more of the following [on a "reasonable pupil"]: 

1)  Places the student in fear of harm (for themselves or their property).
2)  Has a "substantially detrimental effect" to the student's physical or mental health.
3)  Causes substantial interference with the student's academic performance.
4)  Causes substantial interference with the student participating in or benefiting from "the services, activities, or privileges provided by a school. [information summarized not quoted]

When implemented, the legislature did attempt to limit the application of this statute to require "substantial" interference in three out of four of the categories.  However, they did not provide a definition as far as what amounts to "substantial interference," nor explain what a "substantially detrimental effect" to a reasonable student might be.  

The overbroadness of this statute means that practically anything can come under the "bullying" heading as many things kids do could put almost anyone "in fear of harm." 

Unfortunately, when disciplining students, schools require a low level of proof that an offense has occurred.  He who speaks first is believed.  And it does not help matters that expulsion hearings are usually in front of a panel of hand-picked District employees who will hear and decide on the matter.

The many ways actual and perceived bullying can manifest in school would be a good topic to go over with kids, so they can avoid a suspension or expulsion, as well as report bullying if seen to start the mandated investigation of process so they can help prevent it.  If you find your child being punished for "bullying," don't fear: with a thorough review of the legal codes and evidence, you just may show no bullying actually occurred. 

Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

Originally published on August 27, 2012, updated July 15, 2020

[This communication may be considered a communication/solicitation for services]
READ MORE - School Suspension Or Expulsion For Bullying

Tuesday, July 14, 2020

Virtual PJ seminars to serve Yemen, Sudan, and KC
As it became clear that Covid-19 was pretty much going to cancel or postpone everything, I was seized with the awful thought that, at least until the end of the pandemic, I would be unable to continue my peace journalism work.

I was disabused of this notion in about 15 minutes.

While it’s true that I’ve had a bucket full of postponements, it’s equally true that I continue to work on peace journalism projects remotely. For example:

Yemen peace journalism seminars—I will be giving a series of two peace journalism seminars to journalists from Mukalla, Yemen in late July. I’m working with the Peace Journalism Platform there as well as a group of journalists who are in the process of launching a community radio station simply called, Peace Radio. I expect about 20 participants on Zoom. As you know, Yemen has been devastated by war since 2015. I’m hoping that our PJ project may in some small way contribute to a more peaceful country.

Sudan peace journalism project—The project, done in conjunction with the U.S. Embassy in Khartoum, will begin with a three day virtual workshop in early August. I’ll be going over the basics of PJ, including coverage of refugees and terrorism, both important topics in Sudan. It’s hoped this Zoom seminar will be followed up by one or several face to face workshops in Khartoum. Of course, that depends on Covid.

Kansas City Media Literacy Project—I received a Citizen Diplomacy Action Fund Rapid Response award from the U.S. Department of State to fund a project titled, “Media Literacy for Students: Lessons from Covid-19.”

The project will take place in the greater Kansas City area. It will utilize virtual seminars and projects to educate and inform students about our society’s information challenges as illustrated by disinformation about Covid-19, civil rights protests, and other current issues. The first virtual seminars will be held in September 2020, followed by the creation of a student-produced magazine and podcast discussing and analyzing media. The project will culminate with a Zoom media literacy summit in January, 2021.

Stay tuned to this space for details about each event.

READ MORE -

Monday, July 13, 2020

Do You Want Your Kids To Go Back To In-Person Education This Fall? Call, Write, Email, Contact Your District And School To Express Your Opinion


By Michelle Ball, California Education Attorney for Students since 1995

Have you been on edge not knowing if your kids will actually get an in-person education this fall due to the Coronavirus fears?  The not knowing is difficult.  Parents need to get back to work, but how can they work if their kids are at home?  And, are kids REALLY being educated if they are getting a couple hours of classes a week online?  What are they doing the rest of the day?  What can we do and what must we do if we want schools to reopen?  It's time to communicate. 

Although there are some charter home schools already set up for great distance learning which anyone can sign up for, most parents want their kids in a physical schooleven now.  Yet the education of our kids has largely been thrown to the side of the road and crushed by Coronavirus.  Now kids are not getting enough education or interaction, and are isolated and alone.

The California Constitution makes education an essential right, as outlined in Article IX which states:

Section 1

A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral, and agricultural improvement.

Section 5

The Legislature shall provide for a system of common schools by which a free school shall be kept up and supported in each district at least six months in every year, after the first year in which a school has been established.

For months we have been waiting to see what would be decided by the authorities, and if school would reopen.  Would our right to an education, as outlined in the California Constitution, be returned?  It depends on where you live and who is in charge.

I have heard from parents who have received the glorious notification that their kids have a school to go back to (if they want to send them), such as in Placer County, or in Lodi, California.  I have also spoken to parents who were told no physical school was to begin, like in Los Angeles and San Diego.  These parents scratch their heads and say that this is impossible as they have young kids who cannot be left home, and that they are not equipped to teach them.  

One family I know has a First Responder parent who has to work and who cannot watch the children, let alone educate them.  This same family informed me that their District said that they had not been contacted by parents on the issue of reopening and as a result had concluded parents were indifferent to whether schools reopened for in-person education or not.  Hardly!  Parents care!  Surveys have found that the majority of parents want their kids to return to full time face-to-face school, or at least want the choice whether they do or they don't.

Ultimately, parents ALWAYS had the choice of whether to send their kids to in-person school or not, ever prior to Coronavirus.  Parents can enroll their kids in independent study, put them in a free charter school, create a private home school, or have students attend classes in the community part time with a home/class hybrid.  We did not need Coronavirus to have these options.  Parents do not need to be forced to keep their kids home- they can decide themselves, so long as the options are available to them.  Even if schools simply reopened, all parents could still keep their kids home to pursue alternative education options if they so desired, regardless.

If parents want kids to return or at least to have the option to return, it may be time to politely and reasonably contact the local school districts, the principals, our teachers, our congresspeople, the Governor, the State Superintendent of Education, the local newspaper and anyone else who may have a say in this, and let them know.  Perhaps with enough voices, we can get the hesitant school districts to just get the job done already, after months of knowing this day was coming- to get distancing in place, to get the masks and hand sanitizer dispersed, staggered breaks set up, and get our kids back to life and learning.  It is likely a large chunk of parents won't return their kids regardless, which means less crowding anyway for the rest of the kids.

Parents have more power than they think, but only if they exercise their right to be heard and express themselves.  If schools and government officials are only hearing from teachers unions and government officials on this, kids may be at home until they are 18 and even into college with the way things are going.  Kids will always get sick, whether it's from Coronavirus, the flu, or some other bug out there, but the harm from isolation and internet all day also poses a threat to our kids and their future.  How are other countries doing this, but the USA cannot?  We can do it also.

It's time for some grass roots parent-driven advocacy.  There are millions of parents in this state and I would say that is enough to make an impression on school officials if the respectful noise is loud enough.


Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship. This blog may not reflect the current state of the law.

READ MORE - Do You Want Your Kids To Go Back To In-Person Education This Fall? Call, Write, Email, Contact Your District And School To Express Your Opinion

Friday, July 10, 2020

Special Education After Coronavirus- Steps To Take To Try To Recoup Services And Regain Lost Skills


By Michelle Ball, California Education Attorney for Students since 1995

As the months of Coronavirus destruction of life as we know it roll on, it is clear that not only have lives  been destroyed, but also that the educational lives of our children have been crushed.  This is especially true for special needs kids, who have been shoved home and largely forgotten about as far as the level of support they may need to access and advance in their education.  With the fall approaching, and some schools reopening for physical classes, or a hybrid model of in-class instruction and online school, it is time to think about how to recover from the near-destruction of special education services this past time period.

Although no one has the answers on Coronavirus, what will happen, what may happen, and what parents may be entitled to in the future after a denial of their legally-mandated special education services, there are a few things that parents may want to do:

1)  Review their child's IEP (Individualized Education Program) and/or 504 Plan document and list out all the services the child should have been receiving and the dates those services stopped.

For example, if a student was to be receiving 30 minutes per week of speech and language services, this should be noted down.  Did they also lose out on a specialized classroom, or behavior instruction?  Put it all down.  Note when the service should have continued through (e.g. May 31, 2020) and when it actually stopped (e.g. March 15, 2020).

2)  List out all the services that were missed.  

On the speech and language example, if a student had no speech and language from March 15 through May 31, 2020, the student should have received approximately 11 sessions of speech and language, for a total of 5.5 hours of service. 

3) Figure out what services were actually provided, albeit via distance learning.

4) List out all the goals that the student was working on for all areas and see if there are any updates on their progress on the goals from service providers or the school.  Some schools provide zero quarterly updates, and some provide periodic updates listing the status of the goals.  Parents need to know what the goals in place are and where the student is on accomplishing their goals, if possible.  It may be tough to really determine where a student is on a goal, however, if they have not been in school.  Parents can only do their best.

5)  Gather all the work the student did, as well as all email or other communication between the family and school or providers about the child during the Coronavirus exclusion, and get them into date order so it can be clearly seen what was represented would be provided, or not provided, and what was actually provided.

6)  Pull up the child's report card and lists of assignments for each class, showing points awarded and points possible during the last semester and see what the student was assigned, what they actually turned in and the points they received.  Do the points they received evidence the student was at the level they are supposed to be?  Often lists of points tell a story about the student, their weak and strong areas, and their trouble spots.

These actions should give parents a good understanding of what was supposed to be provided, what was actually provided, and where the student may be as far as learning and goals.  

There is a question on special education and what parents and students will be entitled to when they return to school or if schools will just get out of their obligations due to Coronavirus.  It is uncertain, but needs to be approached by parents if they want to have a chance to recoup.  Things will go faster for parents if schools will physically reopen versus remaining on virtual learning, simply due to the mechanics of services being delivered.  

Parents should attempt to determine what may be needed to bring the student up to where they would have been had school been in session.  Services to accomplish this goal should then be sought.  This is hard to quantify, but parents may want to bring the literal hours missed to the school first (e.g. they missed 5.5 hours of speech) as a starting point.  However, school districts don't necessarily have to provide hour for hour make-up time.  

Ultimately, what may be required if the schools don't get out of this obligation due to a health emergency, are services to bring the student up to where they would have been had this debacle not occured.  This is hard to evaluate and it is possible outside experts may have to be brought in to determine this (e.g. a licensed speech and language therapist).  Services provided to make up loss may be in a smaller or larger amount than what should have been provided had schools remained open.  Services are really based on what the student needs to be brought whole again.  These services are sometimes called "compensatory" services, as they compensate a family for lost education.

In its "Fact Sheet:Addressing the Risk of COVID-19 in SchoolsWhile Protecting the Civil Rights of Students" released March 16, 2020, the United States Department of Education wrote in discussing the special ed issues from Coronavirus: 

The Department understands that there may be exceptional circumstances that could affect how a particular service is provided. If a student does not receive services after an extended period of time, the student’s IEP Team, or appropriate personnel under Section 504, must make an individualized determination whether and to what extent compensatory services are needed consistent with the respective applicable requirements, including to make up for any skills that may have been lost.  
[emphasis added]

This appears to confirm an affirmative obligation of schools to act to provide compensatory services to students who lost skills during this time.  Offering compensatory services has started happening outside California, for example in Louisiana where the state is taking a proactive approach.  I am not sure that California schools will take on this issue or offer compensatory services without being asked by parents first. 

How hard the districts fight or if they are able to wiggle out of compensatory services is yet to be seen.

Regardless, parents need to start looking at this and take action if they want to help their children regain any skills lost during the Coronavirus school shutdown.  

Best,

Michelle Ball
Education Law Attorney 

LAW OFFICE OF MICHELLE BALL 
717 K Street, Suite 228 
Sacramento, CA 95814 
Phone: 916-444-9064 
Email:help@edlaw4students.com 
Fax: 916-444-1209

Please see my disclaimer on the bottom of my blog page. This is legal information, not legal advice and no attorney-client relationship is formed by this posting, etc. etc.!  This blog may not be reproduced without permission from the author and proper attribution of authorship.

READ MORE - Special Education After Coronavirus- Steps To Take To Try To Recoup Services And Regain Lost Skills