[<<Any evaluation of the political legacy of Sonia Gandhi has to
acknowledge her seminal contribution to getting rights-based legislation
enacted. It was one of her most significant contributions to development
politics in India.

The year 2005 marks a watershed for social sector legislation. ***The RTI
and NREGA — two pieces of legislation that have since their passage
dominated the discourse on governance and entitlements for the poor — were
passed after rigorous debate and discussion, inside and outside Parliament.
These were followed by the enactment of many rights-based laws seeking to
address basic needs of the marginalised, strengthening their agency and
empowerment. Despite many shortcomings, the Forest Rights Act, Right to
Education Act, National Food Security Act, the amended Land Acquisition
Act, Domestic Violence Act, Street Vendors Act, Social Security Act, the
amended SC/ST Atrocities Act, would never have been passed in form and
substance had Sonia Gandhi not put her political weight and influence
behind them as head of the UPA and of the National Advisory Council
(NAC).*** [Emphasis added.]

Sonia Gandhi should feel a sense of satisfaction for her fundamental role
in establishing this path-breaking legislative paradigm. Whether supportive
or critical, this was participatory democratic governance at its best. Even
if many stalwarts in her party were not enthused, people in India’s
marginalised majorities understand what these laws have achieved to change
their lives.>>

Here, it'd be pertinent to note that Roy herself had opted out of the NAC
in May 2013 after serving as a member in it for nine long years. (Ref.: <
http://www.livemint.com/Politics/jNIK5viR7ZFEdL2p8slwpO/Aruna-Roy-opts-out-of-National-Advisory-Council.html
>.)
Another eminent activist-economist member of that body, Jean Dreze, had
parted ways a little less than two years back. (Ref.: <
https://timesofindia.indiatimes.com/india/Jean-Dreze-asks-Sonia-not-to-extend-his-NAC-membership/articleshow/8958378.cms
>.)]

http://indianexpress.com/article/opinion/columns/movements-and-governments-sonia-gandhi-4983273/

Movements and governments
Outgoing Congress chief Sonia Gandhi’s tenure in NAC raised hope that the
two can work together.

Written by Aruna Roy | Updated: December 15, 2017 5:49 am

Sonia Gandhi should feel a sense of satisfaction for her fundamental role
in establishing this path-breaking legislative paradigm.

Any evaluation of the political legacy of Sonia Gandhi has to acknowledge
her seminal contribution to getting rights-based legislation enacted. It
was one of her most significant contributions to development politics in
India.

The year 2005 marks a watershed for social sector legislation. The RTI and
NREGA — two pieces of legislation that have since their passage dominated
the discourse on governance and entitlements for the poor — were passed
after rigorous debate and discussion, inside and outside Parliament. These
were followed by the enactment of many rights-based laws seeking to address
basic needs of the marginalised, strengthening their agency and
empowerment. Despite many shortcomings, the Forest Rights Act, Right to
Education Act, National Food Security Act, the amended Land Acquisition
Act, Domestic Violence Act, Street Vendors Act, Social Security Act, the
amended SC/ST Atrocities Act, would never have been passed in form and
substance had Sonia Gandhi not put her political weight and influence
behind them as head of the UPA and of the National Advisory Council (NAC).

Sonia Gandhi should feel a sense of satisfaction for her fundamental role
in establishing this path-breaking legislative paradigm. Whether supportive
or critical, this was participatory democratic governance at its best. Even
if many stalwarts in her party were not enthused, people in India’s
marginalised majorities understand what these laws have achieved to change
their lives.

It requires immense strength of purpose, conviction, and assertion, to push
social sector issues and the real concerns of the marginalised into the
mainstream of India’s decision-making platforms. The National Common
Minimum Programme (NCMP) and the creation of the NAC headed by her, gave
these issues a unique space. It enabled the transformation of political
commitments to citizens into working frameworks of law and policy. The NCMP
played a useful role when Sonia Gandhi used this declaration of intent as
justification to overcome resistance in the government and party.

Our discussions with Sonia Gandhi on these issues began when she was Leader
of the Opposition. She was easy to meet and a patient listener. She evinced
an interest in the concerns of the poor and supported the Right to
Information (RTI) movement from its early years.

When the Prime Minister’s Office called, inviting me to join the NAC, I
feared restrictions on the freedom of expression and dissent, my most
jealously guarded privilege. My only condition before joining was to
request full freedom to express my views, even those critical of the
government or its policies. I was never constrained from expressing
dissent, disagreement or discontent; either within the NAC or outside.
Sonia Gandhi’s capacity to respect dissenting opinions with grace
distinguishes her from others in similar positions. Many of my NAC
colleagues will bear witness that as chairperson, she never interfered with
sharp debates or critical public statements issued by members. This
established strong democratic principles of open discussions and robust
decision-making in the NAC.

That Sonia Gandhi — the chairperson of a ruling alliance — headed an
advisory body rather than the government was a quirk of history. Its
mandate to confine itself to social sector promises and initiatives was a
significant, deliberate decision. She selected an eclectic group of members
in the NAC, displaying political maturity and breaking new ground. This
collaborative exercise in preparing draft legislation and policy with civil
society organisations and government yielded very useful results. The
contributions from social activists, rooted in contemporary realities, and
robust consultations with communities, lent rigour to the formulations.

The RTI and MGNREGA campaigns got her personal attention. The first promise
in the NCMP, that “The UPA government will immediately enact a National
Employment Guarantee Act. This will provide a legal guarantee for at least
100 days of employment”, provoked furious debate. The opposition from
centres of power to this legitimate demand for a small share of the GDP for
the poor was disproportionately high. Criticism and ridicule from
neoliberal economists haunted this legislation from the beginning. Even
though she was tentative about fiscal arguments, some crucial
recommendations about the MGNREGA were finally incorporated, largely due to
her support. Sonia Gandhi’s determined efforts pulled together the pro-poor
elements in her party and the government along with the strong political
support of the Left from outside.

A series of state RTI laws had widened the understanding of the critical
need for transparency in governance. The RTI faced bureaucratic
contestation in equal measure. There were objections about the scope of the
law, promoting blanket exemptions, inclusion of parts of the armed forces
and covering aspects of intelligence and security agencies under
transparency norms. Penalties under the RTI were disputed hotly, as were
the independent appellate authorities — later the Information Commission.
The RTI required a statesman rather than a politician to provide political
support. Sonia Gandhi’s decisions were critical to the resolution of every
attempt to prevent dilution. There were over 150 amendments on the floor of
the House, indicating the degree of resistance that had to be overcome.
History will credit her leadership in steering the RTI law and for
promoting more open and responsible governance.

In the shadow of these furious debates, other rights-based laws were
drafted and legislated. She kept her focus on the marginalised people’s
access to constitutional guarantees. The legislation raised hope that
movements and governments could work in collaboration for realising the
constitutional mandate to address inequality and injustice.

The series of rights-based laws that followed drew upon this framework to
begin a new phase in the legal lexicon of India’s constitutional democracy.
It began to address inequality and the concentration of power. Sonia
Gandhi’s contribution is an important part of that history and legacy.

The writer is a social activist and former member of the NAC.

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Peace Is Doable

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