Sanjeev Arora
Since now Panchayati Raj Institutions (PRIs) are put in place by state government after long 10 years. This may be of tremendous help for popularizing Social Audit for percolating the benefits of state and central sponsored schemes to the poor and marginalized people.
The concept of Social Audit is based on the premise that citizens have the right to both know how they are governed and to participate actively in auditing elected representatives, the services delivered and programmes implemented. Social Audit is thus, a natural corollary to effective decentralization. Under the Panchayati Raj system in India , the Gram Sabha has been given the ‘watchdog’ powers in most States to supervise and monitor the functioning of the Panchayat elected representatives and functionaries, examine annual statement of accounts and audit reports. They thus have implied powers to carry out Social Audit. Development schemes can succeed only by public participation. Efforts to involve citizens in planning and monitoring of development activities are incorporated in various centrally sponsored schemes, but social audit has a statutory basis only in MG NREGS.
Social Audit be integrated into the measures already initiated by Central and State Governments to promote community participation in decentralized participatory planning, implementation and monitoring. This can be institutionalized as an effective feedback mechanism, for sustainable local development and correcting administrative shortcomings
Let the Panchayat do the development work and Gram Sabha undertakes monitoring and social audit. There may be a few shortcomings in the beginning, however this problem shall get mitigated, over time. Gram Sabha Sub Committees could be constituted on education, health, local development, roads, drinking water and prepare report and place the same every quarterly meeting before the Gram Sabha
NREGS has kept Social Audit as mandatory; earlier no scheme had such a method of audit – basically a programme audit. External auditors used to do programme audit, now people are auditing their actions, assets and benefits. Hence, before Social Audit event, a process should be initiated to begin the involvement, ownership and responsibility sharing of the people
The process may include formation of good groups and federations, developing them as institutions for social change and support providers for strengthening Panchayats and schemes. Moreover, local Voluntary Organizations (VOs)/NGOs/CBOs should also be qualified enough and monitored so that effective Social Audit could be done. A common factor always plays and creates barriers- that is vested interest and corruption.
Social Audit in many places is merely being carried out for the sake of completion without involvement of elected PRIs. Although under MG NREGS department of rural development department has recruited social auditors in some of the districts of the state who have not given orientation and training. The purpose is failed to some extent. So, challenge is how to ensure effective Social Audit. As already mentioned, people’s involvement process and appropriate Human Resource (HR) policy and capacity building can minimize the risks and maximize the gain from Social Audit. Obviously, Social Audit should be mandatory as complementary to Financial Audit. But, effective system should be in place – proper Management Information System (MIS),HR policy, capacity building of staff , motivation of people’s representatives (by training and innovative incentive system), supervision of work by an independent group of people at district level and state Level who can monitor the process and should be given incentives by States.
The concept of social audit has been restricted to MG NREGS whereas it should have been looked at in the larger perspective of development programmes and the inter-linkages between them. However, NRHM, ICDS, Sarva Shiksha Abhiyan, Drinking Water Supply (PHE) needs to bottom up rather than top down. (Recently district Samba had carried out social audit of BADP programme through professional consultancy agency).
The challenge is to make the staff honest and dedicated. For the Social Audit, Government can systematize and train staff and incentivize/disincentives staff for good internal audit/Social Audit and good process of development and people’s involvement. Social Audit is a part of process of ensuring quality of work – of course it is a supplementary to financial audit but as a complementary activity too, should be treated like that – where External Auditors and Internal Financial Auditors should verify progress based on the Social Audit that has been done.
I think at first district level institutions like office of DDC, ADDC, ACD etc should be capacitated enough and motivated and for that there may be provision for support from within and outside of the state from specialized agencies. Social Audit Team should not be looked into as an isolated team but within a framework of participatory process and institutional system. I guess Devolution policy (Funds, Functions, Functionaries) has already been made by the Omar led Jammu and Kashmir government, but not effective. Line department staff is not practically accountable to PRIs so, audit of line department should be simultaneously done and integrated into PRI audit system. Audit of PRIs should be like a process (a system to be developed) not one time or event. A software may be thought of for capturing not only crude data but also for checking, verifying and capturing people’s feedback regularly and continuously.
These are rough ideas and I hope they may be useful.

K. D. Maini
Poonch, a nature blessed track of Pir Panchal region has its own historical identity, cultural backgrounds apart from a glorious and glamorous past. It remain independent principality for centuries together. As per Raj Trangni of Kalhan, Poonch Principality was established by a horse trader ‘Nara’ in 850 AD. It remained under the rule of local Hindu Rajas up to 1452 AD, Rajput Muslims ruled this area from 1586 to 1798, Gujjars from 1798 to 1819 , Sikh from 1819 to 1846 and Dogra Rajas from 1852 to 1947 AD.
Unfortunately, due to the happenings of the 1947, 102 km long LoC was established in the heart of erstwhile Poonch principality and only 40 % of the total area fell on this side of the border. The wars of 1965, 1971 and proxy war from 1989 created a sense of destabilization among the people here. It was only after 2003 with the start of CBMs on the LoC the peace got restored, normalcy prevailed and the wounds of the people started healing.
With the opening of 46 km Poonch – Rawalakote road across the LoC for trade venture and meeting of divided families, the natives got lot of social and economic benefits. The opening of 169 km Mughal road from 2011 onward have directly linked this isolated part with Srinagar. The flow of fruits and Kashmiri items through Mughal Road have opened the doors of economic avenues for the people of Poonch district. On development side , the start of various central sponsored schemes, implementation of District plan as per the need of the habitants, opening of employment avenues for skilled and unskilled labour class in the gulf countries, efforts of the people representatives for systematic development and creation of congenial and cordial atmosphere have brought the district on the path of the development. During 2011-12 the developmental scenario got a further boost under the leadership of District Development Commissioner Poonch. This has happened only with the cooperation of peace living people of this area and sincere efforts of administration
During the year 2011-12 9409.00 lacs was allocated under district plan for implementation of plan schemes. 9386.00 lacs were spent up to the end of the year. Similarly 599.60 lacs were incurred under BADP to fill up the developmental gaps in border belt. 1443.00 lacs was spent under BRGF for creation of infrastructural facilities and 139.69 lacs were utilized under tribal sub plan for overall development of Gujjar and Bakerwaltribes .This shows the liberal funding from state as well as central government in favour of District Poonch so that the economic backwardness could be eradicated.
Agriculture is the main source of livelihood because more than 73 % population depends upon agriculture and allied activities. 0.46 lac hectare gross area has been brought under high yielding verity programme and 17 % production of wheat and maize have been increased during 2011-12 as compared to previous year. The District Poonch has a lot of potential for fruit orchards like apple, walnut, apricot and peach. During the year 2011-12 1.10 lac fruit plants have been distributed among the farmers under normal schemes. Presently six government nurseries and twelve private nurseries are producing fruit plants in the district.
Road communication system forms the basic infrastructure for the economic development of any area. Presently 837 km roads in the districts are maintained by R&B BRO Department. 132 out of 175 villages of the districts have been connected with motor able roads. On the other hand 68 habitations located on the slopes have been connected with the village roads under PMGSY by incurring 171.00 crores which have provided great relief to the natives of remote and border areas.
The primary objective of rural Development Department is to provide assured employment of 100 days to every desirous family. As per the survey of the DRDA there are about 65000 families in the district, out of which job cards have been issued infavour of 56945 families up to ending March 2012. 27.65 lacs mandays were generated and 9827 works completed by incurring 48.98 lacs under MGNREGA during 2011-12.
Power is a key factor for the development of any area. Unfortunately no power project is located in the district. 37, Mega Watt Pernai Hydal Project which was started in 1988 and stopped during militancy period is being revived so that apart from power generation, 22000 kanal land in Mendhar valley could be irrigated. Presently power is being imported from outside. Out of 178 villages 165 villages have been shown electrified by the department as per the norm of rural electrification but still there are 937 mohras and 221 Gujjarbasties with 37 % population whose houses are yet to be electrified. However, during 2011-12, 211 additional habitations have been under RGGVY programme.
Provision of safe drinking water as per required scale is another important sector. The funds under normal plan NRDWP, TSP & BADP are provided to cater the need of potable drinking water of the people. More than 83 % population has been covered under this scheme. Presently 121 water supply schemes are functioning in the district. During 2011-12 Rs. 1117.95 lacs have been incurred by the department Under NRDWP to augment the existing schemes.
Education plays vital role in the social and economic upliftment of the society. During the year 2011-12 there were three degree colleges, 24 Higher Secondary Schools, 46 High Schools, 204 Middle Schools 508 primary schools and 145 private schools functioning in the district. Apart from this 231 education centers were also opened by the department in Dhoks and Mergs. The enrollment during the year was 1.18 lacs. Free text books were provided to 11450 students. Mid-day meal was served to 73768 students. The scholarship was provided to 28300 G&B students and 45586 Pahari speaking students. The Dropout rate was reduced 21% as compared to the previous year.
To provide health coverage in rural areas is another challenge for the admiration. It is fact that are 172 health institutions in the district but still there is a need of strengthening and equipping of these institutions.Under NRHM mission 646.71 lacs have been incurred for engagement of 374 ASHAS, RCH Camps and prevision of MBBS Doctors and medicines to institutions located in the Rural Areas. We can easily say that 2011-12 has proved as an era of development, friendship and peace for the people of Poonch District.The Administration has not only concentrated towards the developmental scenario but also ensured the congenial and peaceful atmosphere with the cooperation of peace living people. In this mannerPoonch is on a journey of peace and progress which is leading towards a prosperous future.

K.N. Pandita
Slavishly succumbing to dictation from their mentors across the border, Kashmir separatists-secessionists have been brandishing Security Council Resolutions of 1948 and 1949, less as an instrument for solving Kashmir issue but more as antics to tell the world of India’s defiance of the United Nations. This has become their habit. Does a fluid resolution, passed by the Security Council sixty-four years ago, still enjoy validity, especially in the light of wide and deep changes in international relations ever since the day. In our opinion these resolutions are redundant; they are neither valid, nor legal nor sanctimonious. Let us debate the proposition.
New Delhi telegraphed a complaint to the President of Security Council (SC/628) on January 1, 1948 under Article 35 of the UN Charter which inter alia says, “Any member may bring any situation whose continuance is likely to endanger the maintenance of international peace and security to the attention of the Security Council.” India asserted,” Such a situation now exists between India and Pakistan owing to the aid which invaders are drawing from Pakistan for operations against J&K, a State which has acceded to the Dominion of India and is part of India.”
Explaining the broad details of aggression and circumstances of State’s accession, the Government of India requested the SC in Para 13 of her application (a) to prevent Pakistan Government personnel, military and civil from participating or assisting in the invasion of J&K State, (b) to call upon other Pakistani nationals to desist from taking any part in the fighting in J&K State, and (c) to deny to the invades access to any use of its territory for operations against Kashmir, military and their supplies and all other kinds of aid that might tend to prolong the present struggle.
But in total disregard of the stipulations of Article 35 of the UN Charter, and the precise nature of the complaint, the SC, in a bid to politicize the issue, treated the aggressor at par with the aggressed. It was blatant violation of the UN Charter by none other than it most potent organ, namely the Security Council.
This was the technical flaw in the SC’s Resolutions of 1948 and 1949 to which the then UN Secretary General, Kofi Annan referred to during his official visit to Pakistan. He publicly said that these resolutions were un-implementable owing to their technical flaw. Kofi Annan’s comment was carried by the reputed Pakistani newspaper Dawn on the next day. In fact it was late Abdul Ghani Lone of Kashmir, then on a visit to Pakistan, who had commented on Kofi Annan’s statement as a debacle of Kashmir struggle.
In order to avoid any possible suggestion that India had utilized the State’s immediate peril for her own political advantage, the Government of India in its application to the Security Council cited above made it clear that “once the soil of the State had been cleared of the invader and normal conditions restored, its people would be free to decide their future by the recognized democratic methods of plebiscite or referendum which, in order to ensure complete impartiality, might be held under international auspices.”
This was the first time when terms like “plebiscite” and “referendum under international auspices” were heard in the context of Kashmir issue. Kashmiri separatists and their handlers across the border are never tired of quoting Nehru but carefully avoiding the conditional part of his statement. They jump at plebiscite but skip the condition. Before going to SC on January 1, 1948, Prime Minister Nehru had on 22 December 1947 handed over personally to the Prime Minister of Pakistan a letter detailing various forms of aid given by Pakistan to the invaders and implored the Government of Pakistan to put an end to such aid promptly. Four days later, on 26 December, Nehru sent a telegraphic reminder Pakistan did not reply.
Two clauses of the SC Resolution of 1949 have to be mentioned specifically. First it stipulated that present position would not be altered and second that Pakistan would withdraw all troops and fighting personnel from the part of the State under its control. The rest of the recommendations would follow.
Pakistan never withdrew troops from illegally occupied parts. It particularly replaced the tribesmen them with her regulars. This was blatant violation of both stipulations, namely maintaining status quo and vacating the aggression. Pakistan violated the resolution and acted in reverse direction thus nullifying the Resolutions in question. Therefore it is in fitness of things to consider these resolutions as invalid and dead.
Secondly, in 1953, Pakistan detached the Northern Areas from the illegally occupied part of the J&K State. This was in brazen violation of the stipulations of the Security Council Resolutions under reference. It was an arbitrary and a clandestine act of getting a treaty signed by two Azad Kashmir political leaders under duress in Karachi. None of them belonged to the Northern Areas and none had the mandate of representing them. This was to throw the UN Resolutions to wind. Kashmiri separatist leaders should ask the nationalists of Gilgit and Baltistan how they have been treated ever since Northern Areas were separated from the J&K State and integrated in to Pakistan. In a historic decision the High Court of Azad Jammu and Kashmir has declared Northern Areas as part of the Jammu and Kashmir State of Dogra rulers.
Many more steps taken by Pakistan in course of time eroded ad finally invalidated the Security Council Resolutions. Pakistan first joined Baghdad Pact and then CENTO and SEATO, all military pacts with strategic concerns for India. The U-2, a spying aircraft of the US took off from Peshawar base and was shot down by the Soviet fighters over the Soviet territory over which it was spying. Pakistan had given land and naval bases to the US and her allies.
India notified the Security Council that since Pakistan had entered into military pacts, the strategic situation and balance of power had changed in the region. As such, Resolutions of 1948 and 1949 on Kashmir, a strategic region, were un-implementable. From Indian point of view there was another strong reason that invalidated the resolutions under discussion.
Joseph Korbel, once Czechoslovakia’s Ambassador to India, was nominated by the Government of India as its recommended member of United Nations Commission for India and Pakistan (UNCIP). While being an acting member of the Commission, this person defected to the US and severed his connections with his country. India demanded that he be discarded as India’s nominated member. The SC did not agree. Therefore any Resolution of the SC based on the recommendations of the UNCIP of which Korbel continued to be a member against the wishes of one of the disputing party are invalid. It may be added as a footnote that Madeline Albright, the US Secretary of Sate under President Bush the elder happens to be the daughter of Joseph Korbel.
The SC, under Article 34 (not 35) of the Charter adopted Resolution 38 and 39 wherein UNCIP was constituted with the terms of reference as (1) to investigate the facts giving rise to exercise mediatory influence and to report on the progress of executing the advice. But before the UNCIP reached the region to take up the mandate, the SC passed Resolution 47 in April 1948 which remains SC outlined structure for a recommended permanent solution, namely demilitarization and plebiscite.
By not waiting for the ground study and factual report of the UNCIP, a body constituted by the SC, and superseding its earlier decision, the SC took a quick step that undid its own decision. This is precisely one of the technical flaws which Kofi Annan had pointed out.
The Resolutions under discussion have become obsolete and toothless in view of the commitment which India had made to the people of Jammu and Kashmir and fulfilled by holding five/six-yearly fair and free elections to the State Legislative Assembly. India could not delay empowering people of the state with their democratic, civil and political rights.
The entanglement of demilitarization and plebiscite thus remained unresolved. Since no return to normalcy had occurred by 1951, India constitutionally integrated into the Indian Union the portion of Kashmir that it held relying on the idea that it had the legality of the Instrument of Accession’s text on its side. By 1965, largely because of the political realities of the Cold War and likely because of the repeated failure to demilitarize Kashmir, the Security Council disengaged from its mediatory effort by conspicuously not assuming its previous mediatory role. Thus it let the Resolutions of 1948 and 1949 on Kashmir die their natural death.