Jansunwais
What is Social Audit?
What is a Jansunwai?
Parivartan conducts first Urban Jansunwai
- Findings of Jansunwai
- Immediate effects of Jansunwai
- Delhi High Court directs Delhi Police to book the culprit
- Municipal Councillor offers transparency in all Government works
Download all orders issued by Delhi Govt and MCD as a result of jansunwai
Download detailed report of jansunwai
What is Social Audit?
India is a democracy. People are masters. Government exists to serve the people. It is the primary duty of any master to take a look at the accounts of the servant at regular intervals and hold the servant accountable. Social audit or public audit is a step in that direction. People use right to information to obtain details of the works carried out by a Government Department or the manner in which the money was spent by that Department. This information contained in records is compared with field reality. This is public audit or social audit and is a very important tool in the hands of the people to hold the Government accountable.
Public audits do not have any legal sanction. The findings of a public audit are not acceptable as evidence under any law. However, a public audit creates a lot of public pressure on the political establishment to take corrective steps.
What is a Jansunwai?
The findings of a public audit may be used is a number of manners. The findings could be presented and discussed widely in a public meeting before the entire community and stakeholders. Such public meetings have been called public hearings or jansunwais. The information contained in the official records is read out to the people in the meeting and the people testify before everyone, the veracity of that information. The proceedings take place in a completely transparent manner. There is also little scope for anyone to lie because all the parties are present and if anyone says anything wrong, others would be able to counter that.
Public audit and jansunwais together are a big leap on the road to participatory democracy. In their present form, these were first started by Mazdoor Kisan Shakti Sangthan (MKSS) of Rajasthan. MKSS has conducted several jansunwais in different parts of Rajasthan till now.
Parivartan conducts first Urban Jansunwai
In August 2002, Parivartan obtained copies of all the civil works done by MCD in Sundernagari and New Seemapuri in the previous two Financial Years using Delhi Right to Information Act. Sundernagari and Seemapuri are two resettlement colonies in Delhi inhabited by lower income groups. The information was segregated blockwise. There are 11 blocks in Sundernagari and 7 blocks in New Seemapuri.
In the next few months, Parivartan workers went to each block, collected people at street corners by singing songs and held meetings. In these street corner meetings, the people were told about the details of works claimed to have been done by MCD in their block and the amounts spent on each one of them. The people were shocked to hear the details. It emerged in these meetings that a number of works were half done whereas, the quality would be an issue in the rest. Site visits were also done along with the residents. This gave a fair idea of the gap between what was written on paper and what actually had happened. Such street corner meetings raised the tempers of the people and there was a strong demand for a platform where the concerns could be collectively voiced.
On 14th December 2002, a public hearing (jansunwai) was organized in Sundernagari by Parivartan along with the the National Campaign for People’s Right to Information (NCPRI) and Mazdoor Kissan Shakti Sangathan (MKSS) of Rajasthan to discuss publicly the works audited. The public hearing was attended by almost 1000 people including local residents of the area, journalists and eminent personalities such as Justice P B Sawant, Aruna Roy, Prabhash Joshi, Vinod Mehta, Bharat Dogra, Shekhar Singh, Arundhati Roy and Harsh Mander. In the public hearing, the contracts were read out and local residents testified as to whether or not the work was undertaken, and if it was undertaken whether it was done fully or was left incomplete. Out of the 68 works audited and discussed in the public hearing, calculations of estimated misappropriation of funds have been done for 64 works worth Rs 1.3 crore. In these 64 works, the total amount of embezzlement found on account of missing items/works is approximately Rs 70 lakhs (i.e. items or works worth about 70 lakhs do not physically exist at all in these 64 works).
The jansunwai demonstrated the proportion of embezzlement and the urgency with which, the issue needs to be tackled. It clearly demonstrated that most of the time, it is not the inadequacy of funds but leakages, which are responsible for poor development. The effects of jansunwai can be seen and analysed on five sections of society, viz., the local administration, local politicians, the people of the area, the local contractors and Delhi administration.
Findings of Jansunwai
Some instances of missing items discovered during public audit are as follows:
- 29 handpumps with electric motors were supposed to be installed under 10 contracts. However, residents of this area reported that only 14 handpumps had actually been put. The rest of the handpumps were not installed at all, according to the residents. Electric motors have not been installed in even a single case. Loss on account of missing handpumps and missing motors is roughly estimated at Rs 7,85,965.
- Whenever a new street is made, new iron gratings are also put on the drains going across the street. Out of a total of 253 iron gratings weighing 27,557 kg, for which payments have been made, only 30 iron gratings weighing 3,136 Kgs were actually put, according to the residents. The loss on account of this is roughly estimated at Rs 7,30,952.
- Whenever a new street is made, the drains on both sides of the street are also supposed to be demolished and remade afresh. However, this is rarely done. Either no work is done on the drains or at best, the level of the existing drains is raised by just one brick. Out of a total of 35 cases examined, payment has been made by MCD for construction of fresh drains in all these cases, however fresh drains were not made even in a single case. In 19 cases, the level was raised by one brick while in the rest of the cases, no work was done at all on the drains. Loss on account of this has been roughly estimated at Rs 13,85,175.
- The thickness of cement concrete layer in the streets should be 10 cm, according to the bills. However, the thickness, in most of the cases was found to be 5 cm, as found after digging. This is the most expensive item in such contracts. Loss on this account has been roughly estimated at Rs 8,33,935.
- There are some roads and streets, which exist only on paper. The residents of these areas informed that these streets/roads have not been made at all. In some cases, measurements have been shown in excess of the actual work done. Loss on account of missing roads and streets is roughly estimated at Rs 12,92,398.
- In two instances, it was discovered that payments have been made twice for the same work i.e. the work was done once but the bills were raised twice for the same work.
- Two layers of stone aggregate are supposed to be put before bitumen mix is laid in the construction of premix roads. However, out of 8 cases of road construction, in 6 cases only one layer of stone aggregate was put and in the other two cases, not even a single layer was put.
- A layer of red bajri is supposed to be put in the construction of roads. This has never been done in any of the roads.
Immediate effects of Jansunwai
Delhi Government and MCD accept Parivartan's recommendations - Issue orders
Parivartan made certain recommendations to the Delhi Government and MCD, implementation of which would reduce the scope of corruption. The following recommendations have been accepted by MCD and orders have been issued for the same:
- A board displaying basic information about a work like the name of the work, name of contractor, sanctioned amount, dates of start and completion and scope of work would be displayed at the site of every work.
- The list of all works completed in last one quarter will be displayed on the notice boards of all division offices.
- Copies of contracts of all ongoing works in an area will be pasted on the walls of the MCD store in that area.
In addition, the Chief Secretary also issued orders to all the Departments of Delhi Government that they should start conducting such jansunwais on their own.
Orders have also been issued by the Delhi Government that list of all the works carried out by any department should be displayed prominently by painting on some prominent wall in an area.
However, there is poor awareness amongst the people about these orders. Wherever people knew about these orders and they demanded their implementation, the orders have implemented.
Download all orders issued by Delhi Govt and MCD as a result of jansunwai
Immediate impact on Local People
The local people were very agitated when they heard in street corner meetings, which were held before jansunwai, that so much money had been spent on paper on the development of their block, whereas in practice, there was very little on ground. In many blocks, people had been running from pillar to post for the last so many years to get these works done and were aghast to learn that these works had already been done on paper. A number of people, who had been strong supporters of various political parties in that area, realized the futility of the politics they had been following all these years. The campaign triggered a number of debates and discussions in the community. People discussed in amazement the amounts spent on ghost works or works half done. Everywhere, there was a demand for a platform where the people could raise their voice collectively. Here, MKSS experience proved useful. Learning from their experience, it was decided to hold a jansunwai or a public hearing.
During jansunwai, people participated in large numbers. Each contract was read out and people were asked to testify about the status of execution of that contract. The people, especially women, testified fearlessly. Local MLA’s men tried to disrupt the proceedings thrice. However, the public support to the process was so overwhelming that they had to leave the proceedings. During the later part of the proceedings, women severely criticized the attempts to disrupt the proceedings.
The jansunwai had tremendous impact on the psyche and morale of the people of Sundernagari and Seemapuri. They, for the first time, saw that the government could be held accountable in such a transparent manner in full public gaze. Before jansunwai, the public would hold the government officials like the Executive Engineer etc and the political representatives like the MLA in awe. But after the jansunwai, this awe was broken.
Immediately after jansunwai, Mohalla Samitis (Local Area Committees) were formed in Sundernagari for each block. These contained representatives from each street in that block. For the next few months, the Samitis monitored the execution of any civil work in their block. They did not allow any work to take place till the contents of that contract were made public. Some instances:
- A road was to be relaid in F1 block of Sundernagari. The work began in January 2003. The people stopped the work and demanded to know the details of contract. Next day, the Assistant Engineer visited the area and read out the contents of contract to the people. People were informed that 58 drums of bitumen, two truckloads of red sand and two truckloads of stone aggregate are supposed to be used. So, the people should ensure that this much of material is actually used. The road has since been made. The quality of the road is far better than most of the roads made in Sundernagari till now.
- A street was being made in E-57 Block. The people saw that ordinary sand was being used instead of red coarse sand. The cement was supposed to be put in the ratio of 1:2 (one part cement, two parts coarse sand). However, it was being put in the ratio 1:20. The people immediately stopped the work. The contractor and the Junior Engineer were summoned by the people on the spot. Both of them profusely apologized to the public and offered to get the entire material replaced with proper material. But the people wanted strict action against the Junior Engineer. About 30 people went and met the Executive Engineer and demanded that JE be suspended immediately. EXEN also apologized and requested people to forgive the JE. EXEN offered that he would get the entire work done properly again. But the people would not budge. At this, the JE literally started crying badly and fell at the feet of the people. At this stage, people melted. They offered to forgive if the JE was transferred out, the copies of contract would be given to the public and the work would now take place under the supervision of the people. All this was immediately agreed by the EXEN. Subsequently, the entire material was replaced and the work took place under the supervision of the people. The JE was also transferred subsequently.
- The work of repair of streets started in February 2003 in O Block of Sundernagari. The people of this area came to know that within a few months, the work of laying of sewers would start, when all these streets would again be broken up. Then why were the streets being made now and would be broken up within a few months time, thus wasting public money. The people stopped the work till the work of sewers is not completed. The EXEN had to budge before public pressure.
- The work of laying of sewers was being done in M Block of Sundernagari. However, the people saw that substandard material was being used. They stopped the work and demanded copy of contract, so that the work can take place under their supervision. The copy of contract was provided to the public, the substandard material replaced and the work has been completed since then.
There are several such examples in Sundernagari and New Seemapuri. It was also seen during the process of social audit that a number of such works had been executed, which had no utility for the community. It is important that public actively participates in deciding which works should be carried out in their area and they also monitor the execution of these works. It will go a long way in ensuring proper utilization of funds.
Immediate impact on Local Political Leadership
When Parivartan was holding street corner meetings, the local Member of Legislative Assembly (MLA) started holding parallel meetings in this area. Parivartan was strongly criticized by him in these meetings. He alleged that Parivartan had demanded Rs 3 lacs from him and when he could not meet their demand, they were tarnishing his image. This was a blatant lie. Not only had Parivartan never met MLA in person till then, Parivartan had never even criticized him or his party in any public meeting. Slowly, these allegations started taking the shape of threats. Some people informed Parivartan that plans were afoot to get Parivartan workers kidnapped or to get them hauled up by the police on some false charges etc. However, God willing, nothing happened. Pressures were also brought about on local people, who had openly come out in support of Parivartan, not to associate themselves with Parivartan. Some local people used to actively organize public meetings in some blocks for Parivartan. Pressures were brought about on such people and they were forced to cancel such meetings. A number of such meetings had to be cancelled.
Two days before jansunwai, Parivartan workers went to invite the local MLA. This was their first face to face meeting with the MLA. MLA immediately started shouting saying that Parivartan was an organization of touts who extort money from officials in Electricity department, food department etc. He also questioned the source of funds of Parivartan. He challenged that he would not allow the jansunwai to take place in his area. Parivartan workers politely told him that holding jansunwai was their democratic right and jansunwai would be held, but if he had any questions about the working of Parivartan or its sources of funding, Parivartan was open to any kind of public scrutiny at any time. Ultimately, he agreed to come for the jansunwai.
At jansunwai, he came with about 40 of his men, who tried to disrupt meeting thrice. But the public support to the process was so overwhelming that when they tried to disrupt the meeting third time, the entire public got up from its place. Before anything untoward could happen, the MLA left the place with all his supporters.
Two months later, Parivartan got a call from the MLA’s office that MLA wishes to have dinner with Parivartan workers. Parivartan politely refused but agreed to meet him at his office next day. MLA’s assistant requested that only two of Parivartan’s workers should come for the meeting as the MLA wanted to discuss something private. However, Parivartan insisted that at least ten people would come including people from the local community so that the talks take place in an open and transparent manner. Ultimately, ten people reached his place at 6.00 pm in the evening. He stood there with folded hands saying that Parivartan had spoiled his political career. Since the elections were just six months away, he requested that Parivartan leave this area for the next six months after which he would implement whatever steps Parivartan suggested, if he won the elections. Parivartan workers said that they had never criticized him or his party. People just had one demand that copy of contract should be made public and distributed in the community before any new civil work began. Parivartan workers offered that if he agreed to this demand, Parivartan would themselves go to the public in praise of the MLA. However, he refused to accept that. According to him, estimates worth Rs 2.5 crores were lying pending in Sundernagari and no contractor was willing to do the job, as wherever the contractors went, the people won’t let the work take place till they were given copies of contracts. He said that the contractors won’t part with the contracts till the work was over, as this would affect their margins. He said that he agreed that the contractors were corrupt but if the works were stopped in this manner, then the entire money would get lapsed. This position was not acceptable to Parivartan and the local people. It was made clear to him that if the contractors wanted to blackmail that they would not do the work if they were not allowed to swindle money, then let no work take place in the area.
For the next one month, almost every work was stopped by the people of Sundernagari, till the details of works were made public by the officials. Ultimately, in the last week of March, MLA’s brother came to Parivartan office and agreed to make contracts public. But he said that the contents would be read out in public and copies of contracts would be made available to the public by MLA’s workers and it should not be done by Parivartan’s workers. To this, Parivartan had no objections.
In the meanwhile, Delhi Government and MCD passed orders saying that copy of any contract would be made public before it was carried out.
Immediate impact on Local Bureaucracy
The MCD Engineers in local Division office put a number of obstacles in providing information sought under the Right to Information Act. It was after a great deal of perseverance for almost four months that most of the information was obtained. Though they would always present themselves very politely and offer all cooperation verbally, but in practice, there was very little cooperation actually forthcoming before the jansunwai. A few days before jansunwai, Parivartan tried its level best to obtain comments of the MCD Engineers on the deficiencies found in works. They kept promising that they would go for a joint inspection of works, but they did not do that.
During jansunwai, EXEN alleged that Parivartan was making false allegations against their Department. He said that Parivartan never told them about the deficiencies in works and were now creating a scene in public. However, in later stages of jansunwai, he simply kept saying that he would not like to comment without visiting the sites.
After jansunwai, a number of sites were jointly inspected by a team of Parivartan workers and MCD Engineers. The Engineers offered complete cooperation in these inspections. However, they offered flimsy explanations to most of the deficiencies (read complete report of jansunwai for details).
There was a marked difference in their attitude towards public after jansunwai. The officials would be far more responsive and courteous in their dealings with the public of this area. Now, whenever any person from Sundernagari or New Seemapuri would call them up, they would listen to his grievance and also make efforts to act on it. Wherever required and demanded by the public, the EXEN himself would visit the spot. Whenever public stopped any work and demanded to know the contents of that contract, he would invariably send his officials to the site, who would then publicly read out all the contents of that contract.
After the jansunwai, the officials realized that the public could scrutinize the records any time and it would not be easy for them to swindle funds. The officials were also quite scared of the consequences that would follow this jansunwai as the detailed report of social audit had already been presented to the government.
Delhi High Court directs Delhi Police to book the culprit
A detailed report of the defalcations found in social audit was submitted to the Chief Minister, Chief Secretary, MCD Commissioner, Secretary (Administrative Reforms) and anti-corruption branch of Delhi Police. However, no action was taken by them.
In the month of May 2004, on a petition filed by Parivartan, Delhi High Court directed the Delhi police to investigate into all the allegations of corruption made by Parivartan and file its report before the metropolitan magistrate within 6 months. The Court directed that the enquiries should not be conducted by an officer below the rank of an ACP. During the hearing, MCD said that they had already carried out investigations and have found all of them baseless. But the court observed how could the thief be made to investigate against himself.
Municipal Councillor offers transparency in all Government works
In the first week of June, Mr Ajit Singh Choudhary, the municipal councillor from Seemapuri ward, approached us and offered total transparency in the execution of all civil works carried out in this area. He said that he had directed the Executive Engineer of this area to provide copies of estimates and sketches to Parivartan before any work started. After the completion of work, he would offer each work for inspection by public, including Parivartan. The objections to the work, if any, would be immediately rectified and only then, the payment for the work would be made.
He informed that the entire process of jansunwai and the subsequent order of High Court had its impact on the contractors and the engineers of this area. According to the councillor, after the Court order, the contractors and engineers were afraid of their works being subjected to postmortem later on by the public in the form of a jansunwai. A postmortem also leaves little scope for improvement of work. Hence, the councillor offered that let the public and Parivartan find faults with the works, when the works were taking place. He would ensure that the payment is not made for any work till the objections made by the people are settled.
Download all orders issued by Delhi Govt and MCD as a result of jansunwai
List of all works carried out in last quarter to be displayed on notice board of local MCD Store
List of all works carried out in last one year in an area to be painted on a prominent wall