Sunday, July 19, 2015

What Is Governance?

                                        AnD
                     Why Better Governance?
 The governments, public officials, managers and political actors love and run after Good Governance(GG).  To achieve it, we first need to understand, what  Governance mean. What is it all about?  The first and foremost aim of a government is to provide Good Governance to its citizens.
GG has no exact or accurate definition. United Nations (UN) defines GG as an ideal proposition which is difficult to achieve in its totality. GG is an instrument of public affairs management. Public actors and political masters try their best to achieve it. Due to lack and slippage in management, outcome is not as per GG concept.
    Now focus on governance? The concept of governance in not new. Its complexity is difficult to capture in a simple definition. There is no consensus on its meaning. Hence, it can't be defined exactly and accurately.  It provides different meanings to different people in different contexts. And its meaning depends on level of the governance, goals achieved and approach being  followed.
    Governance is a very broad concept, and operates at every level, such as household, village, municipality, nation, region or globe. Due to the inherent diversity in national traditions and public cultures, Governance has many definitions in the literature. But it is possible to categorise it into three main types of governance.
    First, political or public governance, whose authority is the State, government or public sector, relates to the process by which a society organizes its affairs and manages itself. The public sector could be defined as “activities that are undertaken with public funds, whether within or outside of core government, and whether those funds represent a direct transfer or are provided in the form of an implicit guarantee”.
    Second, economic governance, whose authority is the private sector, relates to the policies, the processes or organizational mechanisms that are necessary to produce and distribute services and goods.
    Third, social governance, whose authority is the civil society, including citizens and non-for-profit organizations, relates to a system of values and beliefs that are necessary for social behaviours to happen and for public decisions to be taken.   
    Governance should not be reduced to government, as the three aspects of governance are interdependent in a society. Indeed, social governance provides a moral foundation, while economic governance provides a material foundation, and political governance guaranties the order and the cohesion of a society.
    Therefore, governance is not just about how a government and social organizations interact, and how they relate to citizens, but it concerns the State’s ability to serve citizens and other actors, as well as the manner in which public functions are carried out, public resources are managed and public regulatory powers are exercised.  
    Besides, public governance represents more than a means of providing common good, as it can be related to the government capacity to help their citizens’ ability to achieve individual satisfaction and material prosperity. Therefore, governance could be compared to the management, supply, and delivery of political goods to citizens of a nation-state.
    Political goods and social products are various, and they include human security, rule of law, political and civil freedoms, medical and health care, schools and education, communication networks, money and banking system, fiscal and institutional context, support for civil society, or regulating the sharing of the environmental commons. The practice of governance is also ruled by community values, informal traditions, accepted practices, or unwritten codes of conduct.
    The term governance is the most favourite term for (and frequently used by) political actors, social activists, and public managers.  Governance is a gauge for metering and assessing  performance of public actors.  It acts as tool for measuring  quality of the governance in marketing  public services by public managers.
    There are some fundamental concepts and terminologies of governance. These concepts and terminologies are not static and don't apply in a uniform way in all places and cultures.    
    The term governance gained prominent attention towards the end of the twentieth century.  The donor agencies, social scientists, philanthropists and civil society  applied it to a wide range of issues, relationships and institutions in the process of managing public and private affairs.  
    Public administration popularises the word governance.   Many theorists  believe  governance  as organising concepts  that guides public managers  as administrative practices shift  from the bureaucratic  state to what is called the hollow state.
    The  World Bank(WB) and International Monetary Fund(IMF), and Western countries urged developing countries to undertake political, economic and administrative reforms  to practice GG.  
    Governance, in a generic sense, refers for running a government or entity. The  Webster's New International Dictionary  indicates governance is a synonym for government.  This implies the act or process of governing, mainly authoritative direction and control.
    The  British council, however  asserts that " Governance is a  notion more than government.  The working definition used by council is " Governance involves interaction between the formal entity and those civil society.  It refers to a process whereby elements in society wield power, authority, and influence and enact policies and decisions concerning public life and social upliftment."
    Frederickson and Smith asserts that with more emphasis on governance, " the administrative state is now less bureaucratic,  less hierarchical and less reliant on central authority to mandate actions. Accountability for conducting  the public's business is increasingly about performance rather than following a specific policy goal within the ambit of the law."
World Governance Indicators  project conceptualizes that "Governance consists of the traditions and institutions by which authority in a country is exercised. This includes the process by which governments are selected, monitored and replaced; the capacity of the government to effectively formulate and implement sound policies; and the respect of citizens and the state for the institutions that govern economic and social interactions among them."
    The United Nations Development Progamme (UNDP), in its 1997 policy paper, defined governance as " the exercise of economic, political and administrative authority to manage a country' affairs at all levels. It comprises the mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their difference."
    Institute on Governance (IoG)defines that "Governance determines who has power, who makes decisions, how other players make their voice heard and how account is rendered."  It further states that  mostly definitions rest on three main dimensions: authority, decision-making and accountably.     
    IOG also offers a simple definition as" the art of steering societies and organisations." Governance is about  the more strategic aspects of steering, making the larger decisions about both direction and roles. Governance is a highly contextual concept.  While working  in the field of governance, one operates in an area where one size does not fit all.
    In 1993, the WB defined governance as the method through which power is exercised in the management of a country' political, economic, and social resources for development.
    The evaluation of  governance is important for a number of reasons. First, donors and reformers take it into consideration when assessing the impact of policies and determining future development projects. Second, governance evaluations determine the investment climate. It is well established that aid flows have greater impacts on development in countries with better governance
    Governance is a qualitative aspect. Measuring and assessing it exactly is not easy.  Its measurement is inherently controversial and political exercise. In many efforts, research and international development community tried  to assess the quality of governance of countries all around the world over the last decades.
      In one notable effort among many, WB and WB Institute has created an internationally comparable measure of governance. They started a Worldwide Governance Indicators project.  The project evaluate and assess 200 countries  for six dimensions of governance. These are: voice and accountability, political stability and lack of violence,  government effectiveness, regulatory quality, rule of law, control of corruption.
    A new World Governance Index(WGI) project started. It reports aggregate and individual governance indicators for 215 economies over a period of 1996-2013 for six dimensions as in WB.  The WGI are not used to allocate resources by WB groups.
    Governance  is a term closely associates with  public.  It affects and impacts general masses everyday directly or indirectly. Public are consumer of political goods and social products. These are produced and marketed in a factory called government by political masters and public actors through different governance processes and steps.
    The different types of programmes, projects, ideas etc. implemented by the governments may broadly be categorized as social products. These products are developed for the welfare and overall development of the society and masses.
    Our three-tier government-system (national, provincial, and local) creates departments/ ministries/ sections for developing such social products. The government markets social products for no profit with a primary ambition of achieving better governance. Therefore, governance could be compared to the management, supply, and delivery of political goods and social products to citizens of a nation-state.
Better governance brings happiness. Simple  governance  makes life charmless. And bad governance makes citizens'  life miserable. Desired better governance improves the image of the nation and political masters worldwide. It  helps in enhancing the bargaining power of the country. 
This in turn assists in economic growth and  accelerates  the overall prosperity and development of the country and its citizen.  
Heera Lal (Views are personal and based on different references)

What Is Governance?

                                        AnD
                     Why Better Governance?
 The governments, public officials, managers and political actors love and run after Good Governance(GG).  To achieve it, we first need to understand, what  Governance mean. What is it all about?  The first and foremost aim of a government is to provide Good Governance to its citizens.
GG has no exact or accurate definition. United Nations (UN) defines GG as an ideal proposition which is difficult to achieve in its totality. GG is an instrument of public affairs management. Public actors and political masters try their best to achieve it. Due to lack and slippage in management, outcome is not as per GG concept.
    Now focus on governance? The concept of governance in not new. Its complexity is difficult to capture in a simple definition. There is no consensus on its meaning. Hence, it can't be defined exactly and accurately.  It provides different meanings to different people in different contexts. And its meaning depends on level of the governance, goals achieved and approach being  followed.
    Governance is a very broad concept, and operates at every level, such as household, village, municipality, nation, region or globe. Due to the inherent diversity in national traditions and public cultures, Governance has many definitions in the literature. But it is possible to categorise it into three main types of governance.
    First, political or public governance, whose authority is the State, government or public sector, relates to the process by which a society organizes its affairs and manages itself. The public sector could be defined as “activities that are undertaken with public funds, whether within or outside of core government, and whether those funds represent a direct transfer or are provided in the form of an implicit guarantee”.
    Second, economic governance, whose authority is the private sector, relates to the policies, the processes or organizational mechanisms that are necessary to produce and distribute services and goods.
    Third, social governance, whose authority is the civil society, including citizens and non-for-profit organizations, relates to a system of values and beliefs that are necessary for social behaviours to happen and for public decisions to be taken.   
    Governance should not be reduced to government, as the three aspects of governance are interdependent in a society. Indeed, social governance provides a moral foundation, while economic governance provides a material foundation, and political governance guaranties the order and the cohesion of a society.
    Therefore, governance is not just about how a government and social organizations interact, and how they relate to citizens, but it concerns the State’s ability to serve citizens and other actors, as well as the manner in which public functions are carried out, public resources are managed and public regulatory powers are exercised.  
    Besides, public governance represents more than a means of providing common good, as it can be related to the government capacity to help their citizens’ ability to achieve individual satisfaction and material prosperity. Therefore, governance could be compared to the management, supply, and delivery of political goods to citizens of a nation-state.
    Political goods and social products are various, and they include human security, rule of law, political and civil freedoms, medical and health care, schools and education, communication networks, money and banking system, fiscal and institutional context, support for civil society, or regulating the sharing of the environmental commons. The practice of governance is also ruled by community values, informal traditions, accepted practices, or unwritten codes of conduct.
    The term governance is the most favourite term for (and frequently used by) political actors, social activists, and public managers.  Governance is a gauge for metering and assessing  performance of public actors.  It acts as tool for measuring  quality of the governance in marketing  public services by public managers.
    There are some fundamental concepts and terminologies of governance. These concepts and terminologies are not static and don't apply in a uniform way in all places and cultures.    
    The term governance gained prominent attention towards the end of the twentieth century.  The donor agencies, social scientists, philanthropists and civil society  applied it to a wide range of issues, relationships and institutions in the process of managing public and private affairs.  
    Public administration popularises the word governance.   Many theorists  believe  governance  as organising concepts  that guides public managers  as administrative practices shift  from the bureaucratic  state to what is called the hollow state.
    The  World Bank(WB) and International Monetary Fund(IMF), and Western countries urged developing countries to undertake political, economic and administrative reforms  to practice GG.  
    Governance, in a generic sense, refers for running a government or entity. The  Webster's New International Dictionary  indicates governance is a synonym for government.  This implies the act or process of governing, mainly authoritative direction and control.
    The  British council, however  asserts that " Governance is a  notion more than government.  The working definition used by council is " Governance involves interaction between the formal entity and those civil society.  It refers to a process whereby elements in society wield power, authority, and influence and enact policies and decisions concerning public life and social upliftment."
    Frederickson and Smith asserts that with more emphasis on governance, " the administrative state is now less bureaucratic,  less hierarchical and less reliant on central authority to mandate actions. Accountability for conducting  the public's business is increasingly about performance rather than following a specific policy goal within the ambit of the law."
World Governance Indicators  project conceptualizes that "Governance consists of the traditions and institutions by which authority in a country is exercised. This includes the process by which governments are selected, monitored and replaced; the capacity of the government to effectively formulate and implement sound policies; and the respect of citizens and the state for the institutions that govern economic and social interactions among them."
    The United Nations Development Progamme (UNDP), in its 1997 policy paper, defined governance as " the exercise of economic, political and administrative authority to manage a country' affairs at all levels. It comprises the mechanisms, processes and institutions through which citizens and groups articulate their interests, exercise their legal rights, meet their obligations and mediate their difference."
    Institute on Governance (IoG)defines that "Governance determines who has power, who makes decisions, how other players make their voice heard and how account is rendered."  It further states that  mostly definitions rest on three main dimensions: authority, decision-making and accountably.     
    IOG also offers a simple definition as" the art of steering societies and organisations." Governance is about  the more strategic aspects of steering, making the larger decisions about both direction and roles. Governance is a highly contextual concept.  While working  in the field of governance, one operates in an area where one size does not fit all.
    In 1993, the WB defined governance as the method through which power is exercised in the management of a country' political, economic, and social resources for development.
    The evaluation of  governance is important for a number of reasons. First, donors and reformers take it into consideration when assessing the impact of policies and determining future development projects. Second, governance evaluations determine the investment climate. It is well established that aid flows have greater impacts on development in countries with better governance
    Governance is a qualitative aspect. Measuring and assessing it exactly is not easy.  Its measurement is inherently controversial and political exercise. In many efforts, research and international development community tried  to assess the quality of governance of countries all around the world over the last decades.
      In one notable effort among many, WB and WB Institute has created an internationally comparable measure of governance. They started a Worldwide Governance Indicators project.  The project evaluate and assess 200 countries  for six dimensions of governance. These are: voice and accountability, political stability and lack of violence,  government effectiveness, regulatory quality, rule of law, control of corruption.
    A new World Governance Index(WGI) project started. It reports aggregate and individual governance indicators for 215 economies over a period of 1996-2013 for six dimensions as in WB.  The WGI are not used to allocate resources by WB groups.
    Governance  is a term closely associates with  public.  It affects and impacts general masses everyday directly or indirectly. Public are consumer of political goods and social products. These are produced and marketed in a factory called government by political masters and public actors through different governance processes and steps.
    The different types of programmes, projects, ideas etc. implemented by the governments may broadly be categorized as social products. These products are developed for the welfare and overall development of the society and masses.
    Our three-tier government-system (national, provincial, and local) creates departments/ ministries/ sections for developing such social products. The government markets social products for no profit with a primary ambition of achieving better governance. Therefore, governance could be compared to the management, supply, and delivery of political goods and social products to citizens of a nation-state.
Better governance brings happiness. Simple  governance  makes life charmless. And bad governance makes citizens'  life miserable. Desired better governance improves the image of the nation and political masters worldwide. It  helps in enhancing the bargaining power of the country. 
This in turn assists in economic growth and  accelerates  the overall prosperity and development of the country and its citizen.  
Heera Lal (Views are personal and based on different references)

Monday, June 29, 2015

Same-Sex-Marriage of America Vs 377 IPC in India

                Homosexuality And 377 IPC
                A judicious, situational and factual analysis

In a long-sought victory for the gay rights movement, the Supreme Court ruled by a 5-to-4 vote on 25thJune 2015 that the Constitution guarantees a right to same-sex marriage
Justice Kennedy was the author of all three of the Supreme Court’s previous gay rights landmarks. The latest decision came exactly two years after his majority opinion in United States v. Windsor, which struck down a federal law denying benefits to married same-sex couples, and exactly 12 years after his majority opinion in Lawrence v. Texas, which struck down laws making gay sex a crime.
Resent USA  Supreme Court judgment has brought 377 IPC again in light. The Supreme Court of India turned down high court (HC) judgment on consented homosexuality. Hence, article 377 was in limelight. Supreme Court (SC) judgment gave a big space for debate on this issue. Indian conditions support SC judgment under current situation.  In future, it may, but situation is not ripe for any change in 377 at present. Health, social, cultural and natural facts, and situations don’t permit any interference in it as of now. Article 377 protects our culture, moral, natural sexual habit, and keeps generation going.
Naz Foundation, a Non Governmental Organization (NGO) in a Public Interest Litigation, challenged  the constitutional validity of Section 377 of the Indian Penal Code, 1860 (IPC), which criminally penalizes what is described as “unnatural offences”, to the extent that the said provision criminalizes consensual sexual acts between adults in private.  
The challenge is founded on the plea that Section 377 IPC, on account of it covering sexual acts between consenting adults in private infringes the fundamental rights guaranteed under Articles 14, 15, 19 & 21 of the Constitution of India. Limiting their plea, the petitioners submit that Section 377 IPC should apply only to non-consensual penile non-vaginal sex and penile non- vaginal sex involving minors
Article 377 says Unnatural Offences - Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
The Delhi High Court passed a landmark judgment holding Section 377 to be violative of Articles 21, 14 and 15 of the Constitution, insofar as it criminalised consensual sexual acts of adults in private. Hence writ petition was allowed on July 7, 2009.
In an appeal, SC in its judgment on December 11, 2013 allowed appeal and set aside the HC judgement. This pronouncement brought 377 into debate. This issue affects and associates with our social, cultural, biological (medical) and political sentiments. Hence, both supporters and opponents are giving their own logic to prove their cases.
Political classes are divided.  Congress supports it. Congress president Sonia Gandhi said in a statement, in a rare reaction to a court order “I am disappointed that the Supreme Court has reversed the previous High Court ruling on the issue of gay rights. The High Court had wisely removed an archaic, repressive and unjust law that infringed on the basic human rights enshrined in our constitution”.
After keeping mum on the issue for some time, BJP cleared its stand on it. In an interview to The Telegraph, BJP President Rajnath Singh said, "We will state (at an all-party meeting if it is called) that we support Section 377 because we believe that homosexuality is an unnatural act and cannot be supported."
Newly formed Aam Admi Party has opposed the SC judgement. The Samajwadi Party has made it clear that it will oppose any amendments to Section 377 if it comes in Parliament for discussion. Party leader Ram Gopal Yadav said, "Homosexuality is unethical and immoral, it is against the culture of the country and we will fight it."

A blog “The spark and the blame” has given medical and moral reasons against same-sex practice. There is substantial evidence that homosexual practice is harmful. A few are summarised below. 

Promiscuity and short-short term relationship: homosexual behaviour involves what a writer called “an almost compulsive promiscuity.” 75 % of homosexual men have had more than 100 partners in their lifetime, most of them strangers. A Los Angeles study found that male homo averaged over 20 partners a year. Lastly, only 7-8% of homosexual men and women have ever had relationships lasting more than three years. This differs vastly from heterosexual practice. As Schmidt writes “Promiscuity among homo is not a mere stereotype, and it is not merely the majority experience- it is virtually the only experience.”

Increase incidence of drug use: researchers report higher rates for drug and alcohol abuse among same-sex practicing.  They are more likely to use marijuana (89% vs 2% of hetero), cocaine (50% vs6% of hetero), and poppers (72% vs 2% of hetero). Another Boston study from 1985-88 supports above facts.
            Physical damage and complications: men and women bodies are designed for sexual intercourse with each other in a way that men bodies are simply not designed for sex with other men and the consequences are often physically traumatic. As a result, practising homosexuals are at greater risk of prostate damage, ulcers and ruptures, and chronic incontinence (Schimidt118)
Sexually transmitted diseases and AIDS: Besides physical trauma, many viral and non-viral infections trouble the homosexual populations. Non AIDS diseases include amebiasis, syphilis and hepatitis B (65% of homo men) affects badly.  The 75% STD incidents rate among homo is remarkable. This is to say little of the AIDS epidemic to which homo men are especially vulnerable. A Canadian study found that half of people living with AIDS are homosexual men.
Lower life expectancy: As a consequence of these medial issues especially the AIDS epidemic, homo men have a life expectancy that is significantly lower than heterosexual men. One Canadian study acknowledges it.
Increased incidence of mental illness, depression and suicide: homosexuals suffer from a severely higher incidence of some types of mental illness, especially depression and suicide. Schmidt finds that 40% of homo men have a history of major depressive disorder compared to 3% of men generally.
Dr. John R Diggs, Jr. in his write-up ‘The Health Risks of Gay Sex’ has cautioned the youth. He says it is clear that there are serious medical consequences to same-sex behaviour. Identification with a gay, lesbian and bisexual community appears to lead to an increase in promiscuity, which in turn leads to a myriad of STD and even early death.
 Social impacts of homosexuality are not good.  Domestic violence, child molestation are more common in homosexuals than in heterosexuals, even children of lesbian or gay parents are also sensitive to complex sexual behaviour . On academic ground too they are not at par with their heterosexual counterparts.
One can say that this problem is due to their discrimination with heterosexuals in society but these facts are reported from places where gay marriages are legal like in Netherland and Sanfransisco. Most important thing is that it disturbs the basic building block of society i.e. family. Homosexuality has become a major force that tears down society and harms our culture.
There is a misconception that being gay is an innate characteristic which cannot be changed but researches shown that there are abundant cases where this sexual orientation is changed by appropriate psychological treatment and also with the support and ethical guidance. If something affirm their homosexual behaviour, there are few chances that they could ever overcome from there complex sexual orientations.
It is also important to mention the fact that everything is not permitted in the name of freedom of rights. Youth should be warned of the undeniable health risks associated with a homosexual lifestyle. Worldwide scenario reveals that  while fifteen countries have legalized gay marriage and another three allow it in some areas, homosexuals remain persecuted in many parts of the world.
India is well cherished democratic country. Most of the decisions are taken on majority basis. Roughly a gay population is estimated about 25 lakh. Amending law 377 IPC for a big minority is against the concept of democratic wishes. If it is done, then it will disquiet the majority 99 %. It will infringe in their moral, social, political and bio- medical sentiments and ethics directly or indirectly.
            The highest Indian Court has favoured status quo. This complex issue is getting fast favour to amending it. It is assisted by the spill over effects of the developments worldwide on this. Inspite of all supportive progress on this matter, our SC sees that all ground realities are not favouring it in current Indian situations.
 Therefore, it maintained the originality of 377. Social, political, moral, physical and medical grounds are not ripe for any change in judicious evaluation. Hence, now it is left to our public leaders to assess the situation and act accordingly by a legislative step.

Heera Lal(Views are personal and based on different sources )
  Ref:
24.  http://timesofindia.indiatimes.com/india/Gay-sex-remains-illegal-as-Supreme-Court-refuses-to-review-ruling/articleshow/29515452.cms
15http://timesofindia.indiatimes.com/world/uk/Gay-couples-marry-for-first-time-in-England-and-Wales/articleshow/32912562.cms
16http://timesofindia.indiatimes.com/home/stoi/all-that-matters/Indian-men-are-having-a-tough-time-dealing-with-the-sexual-revolution/articleshow/32939321.cms
27.