Professional Documents
Culture Documents
The subject of Public health has important bearing on Federalism, Rights and
State responsibility in India. Historically, the Motilal Nehru Report, 1928
mentioned the ‘health and fitness for work of all citizens’ as a fundamental
right, and deemed it to be a provincial subject. In the Constituent Assembly
debates H V Kamath and Brajeshwar Prasad of the Congress party contrarily
argued for Public Health to be made a Concurrent Subject. Kamath argued that
public health had historically been a ‘Cinderella of portfolios’ and only by
including it in the Union List can adequate and uniform standards be developed
(CAD IX 2014: 878). On the other hand, Naziruddin Ahmed argued that the
‘removal of (non-narcotic drugs) would rob the Provinces of a subject and
unnecessarily burden the already overloaded duties of the Centre… Rather than
reducing the Provinces to… a state resembling the District Boards and
Municipalities, I think it would be far better to abolish the provinces
altogether…’ (CAD IX 2014: 838).
Telangana’s relations with the Centre were markedly different from those
of West Bengal or Kerala which openly differed with the Centre over
designation of containment zones or re-opening of the economy. Telangana
government’s response was, on the whole, non-confrontational ranging from the
CM KCR threatening to arrest people critical of the PM Modi’s ‘Janata Curfew’
to sparring with the Union Health Minister over diversion of testing kits meant
for Telangana and low testing rates. The state government sought to maintain
some autonomy from the Centre by other means such as refusing to be a part of
the Ayushman Bharat PM-JAY scheme, and instead relying upon the state
government’s own welfare policies to cover treatment of patients. The central
government has since before the Pandemic used social policy as a tool to
centralize power, including in the implementation of such innocuous schemes as
the Swachh Bharat Abhiyan to diminish autonomy of the states (Kailash 2019).
However, the BJP led Union government’s cynical exploitation of the pandemic
also led the TRS to treat the public health crisis as primarily a problem of
perception or image management. This was reflected in the comparatively low
testing in the state, fudging of data on infections and deaths in the state, and
singling out returnees from the Nizamuddin Markaz in New Delhi for the spike
in the state’s cases. The procurement of safety gear like Personal Protective
Equipment (PPEs), gloves, masks and testing kits etc. was another point of
conflict between Central and State governments. As per the Disaster
Management Act procurement of all safety and testing kits was to be done by
the Central government alone. As late as June, doctors at the Gandhi and
Niloufer Hospitals striked to protest shortage in PPEs, gloves and masks leading
to rising infections among medical staff. Facing criticism over shortage of PPEs
and low testing the state government went on to allege that its share of safety
equipment was diverted to other states by the Union government.
Private hospitals were involved only in a limited manner in the first phase
of Lockdown. While a small number of private hospitals were included initially,
they proved apprehensive and reluctant in admitting or treating patients with
COVID symptoms. By late July none of the 98 designated private hospitals had
treated any Corona patients, in a context where private health sector otherwise
provides 82% of inpatient beds and 76% of outpatient services in the state.
Private hospitals at large were only allowed to test and treat patients in the first
phase of Unlock, in June. Given the state’s reliance on private hospitals the
government did try to regulate them. According to the provisions of the
Epidemic Diseases Act the Telangana govt took over 50% of beds in the private
hospitals, and fixed rates to be charged. However, this measure did not prove
very effective as private hospitals mostly chose to fill up their quotas with
moderately affected patients, from well to do backgrounds who could afford to
pay much more than the stipulated fees. Private hospitals bypassed the
government order capping treatment charges by charging patients under various
other heads. The government received hundreds of complaints against private
hospitals, but only two small hospitals were penalized. Given the sharply rising
cases in June, the private sector resisted any regulation given the state
government’s over-reliance on them. By November the government strategy of
subsidizing treatment in private hospitals came undone. Private hospitals have
since refused to admit patients under the Arogyasri scheme citing unpaid dues
from the state government.
The economist Amartya Sen argued that democracies are more likely to
avert famines than totalitarian regimes, because an independent press and free
flow of information would make widespread hunger a matter of public concern
and demand accountability from the government (Sen 1981: 195). However,
apart from a weakened Public Health sector, the TRS’ response also suffered
from a highly centralized approach to the crisis, leading in turn to an
‘information deficit.’ Initially, a centralized response helped as the CM
addressed press conferences to dispel rumours. In a press conference the CM
argued that eating chicken or eggs did not play any role in spreading infections,
but would strengthen immunity. However, the centralization of decision making
in the CM also quickly showed up in lack of a co-ordinated response from the
government. While the CM held as many as seven press conferences in the
month of March alone, these press conferences became fewer and far between
as the lockdown progressed. In the Unlock phase the discussion of state
responsibility came to be framed as balancing the need to prevent further spread
of Covid-19 with ensuring the recovery of the economy. However, a look at the
state government’s priorities since June shows that questions of livelihood or
employment were not central to political discussion. Beginning from March 25
the national lockdown came into effect in all states, including in Telangana.
While the Central Government began giving some relaxations in less affected
areas from April 20, the Telangana state government instead chose not to give
any relaxations till May 7, which was further extended until May 31.
Restrictions remained in place in containment zones till 30 June. Since the
Unlock phase began in June political discussion shifted away to completely
unrelated issues such as building of a new secretariat complex etc.
Unlike the Central Government and other states, the TRS government did
take relief measures for migrant workers in the early phase of the Lockdown.
Apart from the relief package, CM KCR announced the running of Shramik
trains to ferry migrants to their home states including in Chattisgarh, Bihar and
West Bengal states. While the 40 Shramik trains announced per day for a week
was more than other states’ it still proved to be short of the requirement. The
government also decided to bear the travel expenses for the migrants’ travel.
However, while the government showed the political will there was an utter
lack of co-ordination between the Public Transport, Police, Social Welfare
departments and the Railways initially. Because the Labour or Social Welfare
departments did not have the staff necessary to register all the migrants
boarding Shramik trains, this responsibility fell on the Police department apart
from enforcing the Lockdown. Migrant workers who were without employment
or lodging were sheltered in many temporary places such as function halls,
stadiums etc. Pushed to desperation, many migrant workers chose to escape
from them and set off home by any means available to them. Relevant
information about Shramik trains such as time and place of departure, number
etc. were maintained in utmost secrecy such that even the local police, welfare
departments did not have the necessary information. Due to a lack of co-
ordination between various state institutions many Shramik trains are reported
to have returned empty in the initial few days. Later in May and April the state
government’s initiative proved useful. However, the impaired mobility of
migrant workers, many of who were forced to walk hundreds of kilometres back
to their home states, showed the fault lines and fractures within India’s federal
system. India’s federal system which clearly includes railways and road
transport in the Union and Concurrent List respectively, should have provided a
clear road map to address migrant workers’ crisis. Ironically, in practise,
overburdened state governments were left with the onerous task of arranging
migrant workers’ return to their native states. Institutional infrastructure for co-
ordination and communication between states had to be built so that both host
states and native states agreed on running the Shramik trains. Stranded workers
from Chattisgarh were caught in a no-man’s land as the native state was slow to
agree to Shramik train services due to rising infections in that state. Many
migrant workers were thus forced to take dangerous journeys on foot, road,
private vehicles etc. and some of them perished on the way. While Railways
and Road transport were Union subjects even under normal times, the Central
government refused to even pay for migrant workers’ journey back home.
Migrants who could not return home striked in many places in Telangana. Two
months into the lockdown Hyderabad witnessed a series of protests in April and
May at the construction sites in IIIT, Sangareddy, Tolichowki and Tellapur
demanding to be sent home. Relative to other states, the TRS government
showed prompt and quick action in the initial phase of the Lockdown, with the
CM announcing that migrants were ‘our people’ and extending relief to them.
Once the Shramik trains began the government did provide food, water and
other relief to departing migrants. Yet faced with a Pandemic that was national
in scale, the state government’s initiatives proved limited.
The Pandemic has also required us to reimagine the State in India, its role
and capacities in a federal spirit. The Union Government’s proposals in the
wake of the COVID-19 crisis such as One Nation, One Ration Card was meant
to allow for portability of documents between states but has been opposed by
the states who believe that it will like GST lead to loss of state revenues.
Similarly, the demand for political representation for migrant workers must
balance responsibility of host states towards migrants with the rising ethnic or
nativist sentiment in these states. In short, the coronavirus public health crisis
cannot be addressed without addressing the crisis in cooperative federalism.
References:
Mathur, Kuldeep. 2016. Public Policy and Politics in India. New Delhi: Oxford
University Press.
Sen, Amartya and John Dreze. 1991. Hunger and Public Action. Oxford:
Oxford University Press.