When notification for holding Urban Local Bodies (ULB) “elections” in J&K was issued in September 2nd week, the Model Code of Conduct (MCC) was also imposed automatically in the areas where these elections were to be conducted. It was made clear by the State Chief Electoral Officer (CEO) Mr Shaleen Kabra that Model Code of Conduct (MCC) would be area- specific so that other areas where the elections are not to be held would be exempted from MCC. This was to ensure smooth execution of developmental work in such areas. Leaving aside developmental works even financial aid to ailing people under legislators Constituency Development Fund (CDF MLAs , MLCs or MP LAD) is also not being credited into the account of such people. The query being raised by the officials is that Model Code of Conduct (MCC) is in place ? For a patient suffering from cancer, kidney ailment or heart disease or a person who wants to construct one or two rooms with some financial assistance from a CDF why shall this so called code of conduct be an impediment ?
Case study 1
On 29.08.2018 letter was dispatched by a Member of Legislative Council (MLC) to Chief Medical Officer (CMO) Budgam for verifying a medical case namely Mohammad Maqbool who has been paralysed due to spinal injury. Maqbool wanted some immediate financial assistance. There is a provision that legislators (MLAs, MLCs or MPs) can provide some amount maximum upto Rs 50,000 (fifty thousand) from their Constituency Development Fund (CDF) towards patients suffering from some serious aliment. Such patients should belong to lower income groups or should be living below the poverty line (BPL) having a valid BPL ration card. Maqbool, 38 ( address withheld) was a labourer who met with an accident some years back. He has to feed 3 children, but can’t even move from last 4 years. He can’t even stand up or go to bathroom. It took Maqbool several days to get a disability certificate from CMO. The same was submitted before Deputy Commissioner Srinagar’s office where the MLCs CDF account is being operated. In fact Deputy Commissioner recommended the case on the same day, but it took several days to clear the case by his staff. Patient’s nephew was even humiliated by these officials. Finally around September 2nd week the case was referred to Deputy Commissioner Budgam. The officials there haven’t released the money till date. Initially it was delay due to clerical work and when patients nephew went again and again, he was finally told that Model Code of Conduct (MCC) was imposed in view of ULB elections. Pertinently patient hails from a rural area where no such “elections” were going to be held, so withholding a medical grant seems to have no logic at all ? It is important to mention some DCs are not withholding this grant.
Case study 2
Jana Begum who is a widow lives in one room kuchha house in a remote village of Budgam. After a long struggle she was assured CDF financial assistance of Rs 1.30 lakhs for construction of house under PMAY scheme. From last 1 ½ months her son is struggling to get this money released from a DC office , but till date the money has not been released. Jana also does not live in any municipal limits so Model Code of Conduct (MCC) does not apply to her. I am unable to understand why our Government officers are not able to understand this very basic logic ? Even if the money is released now, Jana can’t go ahead with construction because winter has almost approached and masonry work is impossible to be undertaken ? She has to dismantle her hut first ,where shall she live in the cold winter days ? Had the money been released earlier in September , it could have been possible. The official mismanagement has shattered her dreams as well.
Conclusion
It is a known fact that Model Code of Conduct (MCC) imposed during elections does not apply to people suffering from serious ailments even if they reside in areas where elections are to be held, but our Government officials are making their own interpretations of rules / laws thus adding to the miseries of the poor and disadvantaged people. Government is now holding Panchayat Elections and MCC will be imposed in rural areas. It seems both Maqbool and Jana won’t be able to get the financial assistance by December end. By the time panchayat elections are over another MCCwould be imposed for parliament / assembly elections and people like Maqbool and Jana will continue to suffer. This is the story of one Maqbool and Jana, but imagine how many such people would be there in our society whose voice falls to deaf ears ?