REWIND

New Delhi, 10 April 2025

EXPUNCTIONS IN HOUSE A SCANDAL

By Inder Jit

(Released on 30 March 1982) 

Giani Zail Singh’s gaffe over Hitler in the Lok Sabha has proved to be a blessing in disguise. Personally, I missed the hangama and all the fun and excitement for two days. I was then away from New Delhi – revisited Arunachal Pradesh, Nagaland, Assam and Meghalaya. However, the incident has brought to the fore with a bang what many consider an expunction scandal. Over the past few years, expunction of proceedings in our Parliament have become the order of the day without raising much of a protest from the Opposition. Parliamentary procedures do provide for expunction or deletion of words that are unparliamentarily. But matters have come to such a sorry pass today that the Speaker or the Deputy Speaker in the Lok Sabha think nothing of directing that “this shall not go on record.” Not many are aware that the increasing tendency to expunge at will strikes at the basic structure of our parliamentary democracy --- and the freedom of speech guaranteed to MPs in the Constitution.

Parliamentary democracy, as we all know, is rule by discussion and debate – and through compromise and consensus. Undoubtedly, there are times when the Government has to assert its majority and push ahead with its decisions. Nevertheless, parliamentary democracy basically provides that the Opposition must have its say even as the Government has it way. This concept is also enshrined in the principle that there can be no taxation without representation in any democracy worth its name. Freedom of speech is thus fundamental to Parliament’s functioning and is accordingly assured by Article 105 of the Constitution which provides that “subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.” Not only that. The article also provides: “No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.” Remember, this protected MPs from speaking freely in Parliament following proclamation of the Emergency in June 1975.

The Rules of Procedures of the Lok Sabha do provide that if the Speaker is of the opinion that words which have been used in the debate are defamatory, indecent, unparliamentarily or undignified, he may, in his discretion, order that such words be expunged from the proceedings of the House. However, what is happening today goes way beyond the original concept and bears no relationship to the approach in Britain and elsewhere. The practice in the Commons has been to avoid expunctions. The Speaker there insists upon objectionable expressions being withdrawn. If the member refuses to do so, the Speaker either directs him to withdraw from the House for the day or names him for disregarding the Chair’s authority in which case a motion for his suspension from the service of the House is made and the question put forthwith. An expert doubts if anything more than 30 words have been expunged in the Commons in the past ten years. A Speaker in Canada was once removed from his office, notwithstanding his personal popularity, for expunging on his own certain remarks of a member. In sharp contrast, the Deputy Speaker of the Lok Sabha expunged last week his own remarks for the second time in the past few months.

Interestingly, there was no specific rule relating to expunction in the Central Legislative Assembly prior to 1947. Nationalist members of the Assembly were consequently able to say almost anything against British rule. Normally, when unparliamentary words of expressions were used, the Speaker intervened either on his own initiative or on objection raised by a member or a Minister, and called upon the offending member to make amends. This took one of three forms: withdrawal of words or expressions or (b) tendering of apology and giving an assurance not to use the words again or (c) in a relatively few cases, substitution of new words for those objectionable. The objectionable words and their subsequent withdrawal or other mode of disposal were, however, allowed to remain on record. In exceptional cases where such remedies were considered inadequate, expunction was ordered. On such occasions, the general practice was to obtain the formal consent of the House on a motion emanating from the Speaker or a member or a Minister.

Banter, biting sarcasm and good humour were permitted freely in the Central Assembly and were taken by the members in their stride as in the Commons. (Many in India may be interested to learn that a Speaker in Britain once held that "bastard", a term used by one member against another, was not unparliamentary as it was also used as an expression of endearment!) Once Mr Mohammad Ali Jinnah, a great parliamentarian, quipped in the Central Assembly that half the House consisted of fools. When a member from the Treasury benches protested, Mr Jinnah promptly retorted: "All right, half the House does not consist of fools!" The House broke into laughter and all was forgotten in good fun. Much of this spirit has alas gone out of Parliament and many State Assemblies. Even good-humoured thrusts have on occasions triggered off trouble. In Madhya Pradesh, an MLA once said he was glad to get a statement from the horse's mouth. But the expression horse's mouth was expunged by the Speaker following a protest that the Minister had been called a horse!

Following independence, Nehru, together with Mavalankar, armed the Speaker with certain extraordinary powers to enable him to guide the people's representatives and the House effectively in its formative years. (No one was sure about the quality of MPs which a poll on the basis of adult franchise would throw up.) Among other things, specific provision was made for expunction of words from the proceedings of the House in the Rules of Procedure. The word unparliamentary was spelt out in Rule 380 relating to expunction for the benefit of new entrants to Parliament as "defamatory or indecent or undignified." Nevertheless, Mavalankar, as free India's first Speaker, took great care not to act on his own and interpret matters subjectively. He seldom acted suo moto and was clear that as the Speaker he was there to regulate the proceedings of the House, not to order them. Consequently, he gave a ruling on expunction of words only if an objection was raised. Further, only words were expunged, not whole sentences, paragraphs and more. Rule 380 speaks only in terms of unparliamentary words.

Mavalankar was equally clear about certain other fundamentals in accordance with the healthy tradition of the Commons. He was of the firm opinion that members using unparliamentary expressions must be duly punished or made to make amends. He would, therefore, ask the member to withdraw objectionable words. Since everything went on record and even got published in the Press, the withdrawal amounted to punishment. If the member refused to do so, Mavalankar would direct the member to withdraw from the House for the day. In case the member still refused to carry out the direction, Mavalankar would name him for disregarding the authority of the Chair. This would be followed up by a motion for the suspension of the member from the service of the House and the question out forthwith. In all this, Mavalankar happily received the full support of Nehru who functioned not only as Prime Minister but as the Leader of the House, rising above petty political considerations and helping build sound conventions. Mere expunction was seen as no punishment at all.

Subsequent Speakers, beginning with Mr Annanthasaynam Ayyangar, did not unfortunately enforce their authority and soon opted for the line of least resistance. The background of Rule 380 was ignored and increasing resort taken to suo moto expunctions. In the bargain, the MP guilty of using unparliamentary words went scot free and only the public at large was impliedly punished in view of the absence of any record of withdrawal or, say, of suspension. (The people outside Parliament have as much a right to know how their representatives are conducting themselves as those seated in the House -- a principle which is enshrined in the Feroze Gandhi Act ensuring full freedom to the Press to report the proceedings of Parliament without attracting the law of defamation and its like. Mr Sanjiva Reddy, as the Speaker, enforced the Chair's authority and largely ended the laxity introduced by Mr Hukum Singh. But matters went out of control once again when Mr G.S. Dhillon took over as the Speaker. He was the first Speaker to direct that nothing that was being stated by members at a given time without the Chair's permission would go on record.

The Giani's gaffe has proved a blessing in disguise even if it has led to an absurdity unrivalled in the annals of any Parliament: the Giani is now on record having withdrawn certain remarks which are themselves not on record! The Speaker, Mr Bal Ram Jakhar, has done well to invite the Opposition leaders to discuss the question of expunctions and hammer out agreed ground rules. True, members in the Lok Sabha do occasionally create situations which make things difficult, even impossible, for the Speaker. But the Speaker's inclination to order expunctions at will is no answer to the problem. On the other hand, it is introducing a new and dangerous dimension to the office of the Speaker. Slowly but surely, the Speaker is emerging as a third force -- an independent entity superior to both the Government and the Opposition. The Speaker, no doubt, represents the House. But, as I stated earlier, he is the servant of the House, not its master. The expunction issue needs to be resolved at the earliest and the people restored their inalienable right to know and be fully informed. ---INFA

(Copyright, India News & Feature Alliance)

Round The States

New Delhi, 19 April 2025

Of Riots & Refugee Camps

WB GOV-CMPLAYPOLITICS!

By Insaf 

Politics in West Bengal over riots and displaced citizens continues to persist. Governor C V Ananda Bose is quoted as having said on Thursday “I am going to the field”!According to Raj Bhavan after his visit to Malda (where hundreds fled to), Bose may visitMurshidabad, where three people died and over 200 people were arrested, to review the situation. This despite Chief Minister Mamata Banerjee appealing: “We are giving 10 lakhs to family of each victim. Shall reconstruct damaged houses, will help owners whose shops have been vandalised…Supreme Court has said that till next hearing, existing situation is to be maintained without changes. I would appeal to the Governor to wait for a few more days before visiting Murshidabad. Let the confidence be built first.”Sadly, no confidence between the two state authorities! Bose reached Malda on Friday to meet people living in makeshift refugee camps, after sectarian violence erupted following protests by Muslim community against the Waqf Amendment Act. 

Meanwhile, Calcutta High Court has ordered setting up of a 3-member panel for identification and rehabilitation of people displaced by the violence. What leaves many aghast is Mamata again passing on the buck and terming the communal violence ‘pre-planned’, accusing a section of BSF, central agencies under Ministry of Home Affairs, and BJP of orchestrating tension by allegedly facilitating outsiders and enabling cross-border influx from Bangladesh! Absurd, to say the least. At a function,she said that ‘despite volatile situation in Bangladesh, the Centre rushed through the Act and allowed cross-border infiltration, both of which contribute to the unrest in Bengal.’ She asked her chief secretary to initiate an inquiry into the BSF’s actions!Moreso, ‘Why BJP goons from outside were allowed to come and create chaos before fleeing the scene? Accountability must be fixed…’ Indeed. Hers too. Training guns at others, including the INDIA bloc partner, Congress, is appalling. She claimed the areas affected fall under Congress MLA and that ‘it should have been more proactive in those areas. If TMC was behind the violence, why were homes of three of our MLAs attacked? Why was our party office vandalised?”Insufficient justification for avoiding responsibility. When will it end?

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Bihar CM Face?

Battleground Bihar is warming up. With elections for the 243-seat Assembly scheduled for October-November, alliances remain, but the big question regarding chief ministerial candidate from either party is unresolved. The Mahagathbandhan (grand alliance) of RJD, Congress, left parties and VikassheelInsaan Party met in Patna on Wednesday and announced a coordination panel under Tejasvi Yadav, but whether the young RJD firebrand would be its CM facegoes unanswered. As for NDAalliance, it’s awkwardly active. With BJP’s Haryana CM Nayab Singh Saini saying party will win polls “under Samrat Choudhary’s leadership (Nitish’s deputy CM), the JD(U) has promptly put up posters across the city: ‘25 se 30, phir se Nitish' (Nitish again from 2025 to 2030)! Nitish’s son Nishant too says “There’s no doubt about my father continuing as CM after NDA’s win in the polls. Amit Shah uncle(Union Home Minister) said so when he recently came here and so has Samrat Choudhary.”Amidst all this, PrashantKishor’s Jan Suraaj party will also participate in the elections for the first time, contesting on all seats. The outcome of their efforts remains to be seen. It will be nowhere close to the hot seat but could dent prospects of claimants.

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Maha Bais Checked

Growing prejudice against the Muslim community and Urdu in Maharashtra is mercifully being addressed by judicial intervention.One, Nagpur municipal commissioner offered an unconditional apology in Bombay high court for demolition of houses of accused in the March riots casefollowing VHP’sattempts to remove Aurangzeb’s tomb in ChhatrapatiSambhajinagar district.He claimed neither officials were aware of Supreme Court’s guidelines on razing of properties,(mandates prior procedural safeguards), nor did Mahayutigovernment send any such circular!Lame but a perfect excuse.The Fadnavis government has two weeks to respond. Whether it will feign ignorance or be held accountable for its actions remains to be seen. Separately, the Supreme Court dismissed a petition against using Urdu on a municipality signboard in Akola district. The court stated that Urdu is a ‘language’ representing culture, ‘not religion’, highlighting the importance of respecting linguistic diversity as part of our civilisational heritage.Urdu, it said, ‘is the finest specimen of Ganga-Jamunitahzeeb, or the Hindustani tahzeeb…’Touché. The government must rethink its anti-minority stance. 

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Now To State Autonomy Fight

Buoyed by Supreme Court’s ruling against Governor Ravi as a big victory for his and other state governments, Tamil Nadu Chief Minister M K Stalin is getti8ng set for another big fight. On Tuesday last, he announced a panel on state autonomy to be headed by retired Supreme Court judge Kurian Joseph. Clearly, a sharp pitch to empower states against the Centre’s increasing tendency to grab their rights. This followed the Aseembly observing 50 years of DMK government’s ‘historic’ state autonomy resolution moved by then chief minister M Karunanidhi and aimed at ‘re-asserting’ principles in today’s context. With cooperative federalism now a mantra for Opposition-ruled States, Stalin said quoting Ambedkar: ‘Both Union and States are created by Constitution...the one is not subordinate to the other in its own field and authority of one is to co-ordinate with that of the other…Yet, steady encroachment of the Union into rightful domains of States has disrupted the delicate constitutional balance...a strong Union is not built by weakening States. It’s built by empowering them…” Reminding rival AIADMKthat despite differences with DMK, its late CMs Ramachandran and Jayalalithaa never compromised on state rights, he questioned the new leadership’s principles, referring to cozying up to BJP. Obviously, AIADMK hit back questioning what DMK did all these years while sharing power with Congress-led UPA? Stalin’s move it claims is aimed at ‘diverting’ public attention, ahead of 2026 polls. Perhaps, as the interim report is slated for January 2026 and the final to be submitted in two years.Campaign and settling in period!

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Controversial Caste Census

The Karnataka Cabinetis caught in a piquant situation. It’s special meeting called on Thursday to decide on the controversial Social and Educational Survey report,known as ‘caste census’ was inconclusive. Parameters used for the survey, which has peeved various communities, especially the two dominant ones -- Vokkaligas and Veershaiva-Lingayats, were discussed and ‘more information and technical details’sought from officials.The report, prepared by the State Backward Classes Commission, has the influential VokkaligaraSanghaofficially registering its protest, sending a stern message to Chief Minister Siddaramaiah that his government will ‘collapse if it’s implemented.’ The Vokkaligashave warned to unite with other communities like Veerashaiva-Lingayats, Brahmins against the ‘injustice’done to its numerical strength and plan agitation. On the other hand, Dalits and OBCs’ leaders and outfits are demanding government proceed with the report. Caught in a bind, Siddaramaiah obviously needs time and has asked ministers to give their opinion in writing or verbally before the next cabinet meeting, to good fortnight later, May 2. Will he be able to ride the tide? ---INFA 

(Copyright, India News & Feature Alliance)

Open Forum

New Delhi,14 May 2025

End of Indo-Pak Conflict

NEED TO CONTAIN TERRORISM

By Dhurjati Mukherjee 

The continuing hostilities between India and Pakistan do not augur well for either of the two countries. Destruction and violence affect the common man and affect normalcy in both countries. As such, the decision to stop all hostilities and military action from the evening of May 10 is a positive action, more so as the proposal came from Pakistan and India readily agreed to it. 

It is a well-known fact that Pakistan has been facing a severe financial crisis and the war-like situation leads to severe strain in its economy as precious resources are lost. Similarly, It had approached the IMF several times for a bail-out of its economic situation. In fact, India opposed the last tranche of $1 billion from the IMF to Pakistan. India is also affected, as any emerging economy like ours needsnumerous resources for developmental purposes. In all probability it paid of price for supporting terrorists. 

The need for tackling terrorism and violence is no doubt imperative. But unfortunately, terrorism has been on the increase in various parts of the world and specially in the Indo-Pak region. It is indeed surprising that the killing of Hindu terrorists speaks very badly of Pakistan’s intentions, and it is clear sign that the country has been directly supporting Islamic fundamentalism. But the question arises whether that helps the country, in any way. India is too big with strong economic fundamentals for Pakistan to do any harm to this country. In fact, after the killings, it is quite natural that animosity and hatred towards Muslims may increase in this country, which is not desirable in a healthy society. 

After the killing of Hindu tourists, the UN Security Council had underlined the need to bring perpetrators of the Pahalgam attack, which was undoubtedly barbaric, to justice to deter more such attacks on Indian soil by Pakistan terrorists. Thus, the Indian government carried out ‘Operation Sindoor’ to defang Pakistan’s terror factory with military strikes on LeT and Jaish-e-Mohammad (JeM) headquarters in PoK. It is understood that the nine targets selected initially were in PoK and in the Punjab region were terror holding, and training facilities and launchpads exist. Over the years and even after the Pahalgam incident, there was no demonstrable step by the Pakistan government to dismantle the terrorist infrastructure in the country. 

Pakistan de facto ruler, Gen. AsimMunir had sometime back invoked the two-nation theory that Hindus and Muslims constitute separate civilisations but, unlike Jinnah who used it as a political tool within a specific historical context, Munir reignited ideological hostility and re-embraced proxy warfare. His doctrine serves a clear political purpose – it shores up military dominance amid a deepening polycrisis. Confronted with a failing economy, multiple insurgencies and a jailed yet widely popular Imran Khan, Munir has chosen military theatrics over reform. 

It goes without saying that the Munir doctrine is shortsighted and has no logic other than creating tensions between India and Pakistan. Philosophers all over the world have contended that no religion talks of animosity, not to speak of annihilation and killing, of those belonging to other religions.  Thus, what Pakistan has been doing in the name of Islam is totally unfounded. 

Some political analysts have contended that by calling the retaliation ‘Operation Sindoor’, India may have reinforced Gen. Munir’s view of a cultural-communal divide. If the Pahalgam killers abused the Kalima to butcher Hindu men, ‘sindoor’, the exclusive auspicious symbol for married Hindu women is also abused. 

It may be pertinent to mention here that the Indian situation resembles that of Israel which also battles terror from Gaza, the West Bank and the northern border with Iran backing Hamas, Islamic Jihad and Hezbollah. In both cases, the terror groups serve the tentacles of a broader enemy – Iran in Israel’s case and Pakistan in India’s. The shared experience of religious hatred has brought the two countries together based on a shared truth that is, the confrontation is  between free societies and murderous fanatics. 

Though hostilities have stopped, which is a positive achievement for both countries, the next step would be to persuade Pakistan to stop terrorism. Too much bitterness lies between India and Pakistan and it is good to bring them to the negotiating table and reach a settlement towards sustained normalcy. 

While on the one hand, this would help develop close neighbourly relations and this would translate to increased trade and commerce, beneficial for both countries. Also it is an established fact that no religion in the world talks of violence and animosity and thus in either country, their respective religions may be respected but no propaganda initiated to prove that their religion is the best, In fact, Swami Vivekananda’s message of religious unity, propounded way back at the Chicago conference, should be disseminated widely.   

Another important point that needs to be stated is the rather unfortunate state of affairs in Pakistan with the army having complete stranglehold on the polity and an institutional interest in sustaining an adversarial posture against India. If the political leadership had not given the military an upper hand, possibly the relations between the two countries would not have reached such a low ebb. How and when the political leadership in Pakistan would be in full control remains to be seen as this would be the key to better relations between the two countries. 

Leaders associated with several voluntary organizations have been harping the need for an amicable and early solution and restoring mutual trust between the two countries. These leaders demanded that common people should not be punished for inhumane acts of terrorists. “It is very important for the governments to treat common people differently from terrorists. Politicians and media in both the countries should also refrain from inciting hatred,” stated Ramesh Yadav, president, Folklore Research Academy, Amritsar. 

Similarly, another important suggestion that emerged has been that both the countries should sign another new agreement regarding not allowing any terrorist organization to use their respective lands and resolve all bilateral issues through peaceful negotiations,” by Satnam Singh Manak, general secretary, Hindu-Pakistan Friendship Forum. 

Though there were reports of firing along the LoC even after the deadline of May 10, it is expected that all this will come to an end and Pakistan will not violate its own initiative to end all sorts of military action. It needs to be reiterated that peace and friendly relations between the two countries is imperative for the prosperity of the South Asian region as a whole. ---INFA

(Copyright, India News & Feature Alliance)

Open Forum

New Delhi, 7 May 2025

Caste Census

WILL BACKWARD CLASSES GAIN?

By Dhurjati Mukherjee 

The decision to make a caste decision is welcome but questions arise when and whether the survey would reflect the ground reality. Political analysts are of the opinion that the BJP has now changed its strategy and is trying to bring together OBC-Dalit-Muslim into its fold to consolidate the party’s position, which is necessary at this juncture before the Bihar Assembly election and to retain power. Meanwhile, Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi has rightly demanded that the Centre provide the timeline by when the census would be carried out and warned that the exercise will only bear fruit if it is designed to ask the right questions, as done in the Telangana survey. 

Calls for a national caste census crystallized after Nitish Kumar's Janata Dal (United), the ruling party in Bihar, published the results of a statewide caste survey. It is significant to note that the survey, released in October 2023, revealed that over 80 per cent of the state's population belongs to extremely backward classes. As the RSS maintained last year that such census should only be to address the welfare of those communities and caste and should not be used as a political tool or for electioneering, 

Caste consciousness is evident in today’s situation as even now in educated and liberal families, marriages of upper castes are generally avoided with lower castes. In rural and semi-urban areas, members of subaltern castes continue to suffer not just discrimination but also oppression based on their social status.   

One may mention here that the last time a proper caste census was conducted was way back in 1931by the colonial government. Since independence the oppression and neglect of lower castes continued. It is only in last few decades that caste mobilization served to bring about some empowerment of subaltern groups. But caste politics could not deliver generalized economic well-being to the impoverished and deprived masses. 

As is well known, the lower castes in the country, who mostly belong to the extremely backward sections, have been exploited for decades. The latest data available from National Crime Records Bureau of 2000 revealed that a total of 25,455 crimes against Dalits were committed; two Dalits were assaulted every hour, and in each day three Dalit women were raped, two Dalits were murdered, and two Dalit homes were set on fire. Even Amnesty International documented a high number of sexual assaults against Dalit women, which were often committed by landlords, upper-caste villagers, and policemen, according to a study published in 2001 and the situation has not changed in the current decade. 

Though the Indian Constitution abolished untouchability, the oppressed status of Dalits and lower castes. remains a reality. In rural India, they still live in secluded quarters, do the dirtiest work, and are not allowed to use the village well and other common facilities". Though there has been some progress over the last 60 years, the lower castes are still at the social and economic bottom of society. 

Recently, the Supreme Court emphasised the need to bridge the digital divide faced by large sections of the rural population, including economically weaker sections, which are mostly from lower castes. The Court stated that “in the contemporary era, where access to essential services, governance, education, healthcare and economic opportunities is increasingly mediated through digital platforms, the right to life under Article 21 of the Constitution must be interpreted in the light of these technological realities”. The judgment’s highlighting perpetration of systemic exclusion is, no doubt, a reality today which is testimony to the discrimination against the lower castes that is continuing. This, in a way, testifies to the need for a caste survey to identify the conditions of the extremely backward classes.    

The misplaced priorities in development over the decades have been a bane for the lower castes and the Dalits who continue to suffer humiliation and neglect in various ways. There are apprehensions that the announcement of the caste census has been just an eye wash and results followed by affirmative action may not be taken up as of now. The ruling dispensation has all along followed a pro-business policy and this has led to wanton neglect of the lower echelons of society, who mostly reside in the backward and tribal districts of the country. 

The most important emphasis would obviously be on ensuring that Dalit and Adivasi children get proper education. But the tragedy is that the interior and tribal districts lack good schools, not to speak of colleges, and the government sadly refuses to address the anomaly. Moreover, scholarships for students who pass out from school have to be increased so as to ensure that children from subaltern families get the opportunity to get good education and stand up in life. 

Just conducting a caste survey may not help. There is a need to evolve a comprehensive plan of action to uplift the condition of the extremely backward castes in a phased manner and for this, experts from various fields should be inducted to formulate the plan. The private sector should also be involved in this exercise. 

There is need for balanced development which can ensure socio-economic equality that is being emphasised by social scientists the world over. To start with more funds must be allocated for welfare programmes aimed at the lower castes but recent figures indicate that, in many cases, the allocations have been curtailed. Along with this, the political will has to change as also the social outlook of the upper castes who have always looked down on their low caste brethren. More people from the lower castes have to be part of governance to enable them to highlight the conditions of the extremely backward classes and ty at their mitigation.  

It is indeed tragic that a major section of the educated, who lecture about equality and social transformation, are still concerned with the caste system though India is making rapid strides in progress. It goes without saying that real education obviously means that all humans, irrespective of caste, colour and religion, must be treated equally. How far the census would help the deprived sections, needs a close watch.—INFA 

(Copyright, India News & Feature Alliance)