Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

economic growth since the introduction of economic reforms in the early 1990 s,


a vast amount of the Indian population still lives in extreme poverty: it is estimated


that 42 per cent of the total population is still living on less than US$ 1. 25 a day.^33


Equally worrying is the growing income inequality in the last two decades.^34


Inequalities are not, however, limited to income. There are disparities and


exclusions related to gender and social status. Despite many legislative measures


and development schemes,^35 women continue to experience all types of discrimin-


ation and disadvantage – from higher infant mortality rate to infanticide, malnutri-


tion, sexual harassment, sexual and domestic violence, human trafficking and lesser


employment opportunities. In 2001 , the overall literacy rate was 65. 38 per cent,


while it was only 54. 16 per cent for women.^36 Similarly, there was a gap of about


11 per cent between the literacy rate of the total population and that of SCs. The


rate of dropout from schools is also higher among girls and SCs.^37 As the Sachar


Committee Report highlights, Muslims in India, a minority community, suffer


from disadvantage and deprivation in all aspects of development – education,


nutrition, health, housing, sex ratio, employment, access to bank credit, safety


and consumption.
38


From 2001 to 2007 , the government spent between 3. 36 and 3. 81 per cent of GDP


on education every year.
39
Although the dropout rate from primary and elementary


schooling declined during this period,
40
the literacy rate is still around 74 per


cent.
41
The record of state expenditure on health (and the consequent situation


concerning access to health facilities) is worse: between 2005 and 2009 , the


government only spent between 0. 96 and 1. 09 per cent of GDP on health every


year.^42


Two issues illustrative of governance gaps are delay in access to


justice, and corruption. In spite of several judicial pronouncements on speedy


(^33) OECD, ‘Divided We Stand: Why Inequality Keeps Rising’, 2011 ,www.oecd.org/dataoecd/
40 / 13 / 49170475 .pdf,p. 48.
(^34) ‘The top 10 % of wage earners now make 12 times more than the bottom 10 %, up from a
ratio of six in the 1990 s.’ ‘India’s income inequality has doubled in 20 years’,Times of India,
7 December 2011 ,http://timesofindia.indiatimes.com/india/Indias-income-inequality-has-
doubled-in- 20 -years/articleshow/ 11012855 .cms. See also OECD, ‘Divided We Stand’,
above, n 33.
(^35) Planning Commission of India,Mid-term Appraisal: Eleventh Five Year Plan ( 2007 – 2012 )
(New Delhi: Oxford University Press, 2011 ), pp. 234 – 47.
(^36) Ibid., p. 167. (^37) Ibid.
(^38) Prime Minister’s High Level Committee, ‘Social, economic and educational status of
Muslim community in India: a report’ (November 2006 ).
(^39) Planning Commission of India,Mid-term Appraisal,p. 119.
(^40) In 2001 – 2 the dropout rate was 39 per cent at the primary level (classi–v) and 54. 6 per cent
at the elementary level (classi–viii). In 2007 – 8 these figures were 25. 55 per cent and 43. 03
per cent respectively.Ibid., 122.
(^41) Government of India, ‘Census 2011 ’,www.censusindia.gov.in/ 2011 -prov-results/indiaat-
glance.html.
(^42) Planning Commission of India,Mid-term Appraisal,p. 147.


350 Deva

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