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Parliamentary panel recommends consent clause to discourage return of awards for ‘political reasons’

Parliamentary panel recommends consent clause to discourage return of awards for ‘political reasons’
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New Delhi: A parliamentary committee has suggested that recipients’ consent should be mandatory before a National Akademi confers an award to prevent individuals from returning the honour for political reasons, which it deemed “disgraceful” to the country.

In a report presented in Parliament on Monday, the committee also recommended that awardees sign an undertaking before receiving the award. It further suggested adding a non-disclosure clause to safeguard the confidentiality of the selection process.

The report, titled “Action taken by the government on the recommendations/observations of the committee contained in its three hundred fifty-first report on the subject, ‘Functioning of National Akademis and other Cultural Institutions’”, observed that incidents of award returns undermine other recipients’ achievements and affect the overall prestige of the honours.

The committee cited past instances where awardees returned their honours in protest against political issues, which, it noted, fall outside the cultural domain and the autonomous functioning of the concerned Akademi.

“The committee notes the instances of recipients of awards, given by Akademis (such as Sahitya Akademi Awards), returning their awards in protest of certain political issues that are outside the ambit of the cultural realms and the autonomous functioning of the concerned Akademi,” the report stated.

The panel reaffirmed that awards conferred by these institutions remain the highest honours for artists in India. It also underscored that Sahitya Akademi and other similar bodies are “apolitical organisations.”

“There is no place for politics. The committee, therefore, suggests that whenever an award is given, the consent of the recipient must be taken so that he/she does not return it because of political reasons, as it is disgraceful to the country,” the report emphasised.

To further strengthen the credibility of these honours, the committee recommended securing “prior concurrence of shortlisted candidates” before finalising the awards.

“A system may be put in place where an undertaking is taken from the proposed awardee citing acceptance of the award and that the awardees cannot dishonour the award at any point in the future. Awards may not be given without such an undertaking,” the report stated.

Additionally, the panel proposed that individuals who return their awards should be barred from future consideration.

The Ministry of Culture concurred with the panel’s perspective, acknowledging the need to “avoid controversies in all regards.” However, it raised concerns over the legal enforceability of such undertakings and their impact on confidentiality.

“Obtaining a signed commitment from the writer prior to the award announcement would unfortunately compromise the confidentiality surrounding the selection process. Additionally, the legal enforceability of such a pre-declaration commitment might be uncertain,” the ministry noted in its response.

The committee, in turn, acknowledged these concerns but suggested that the commitment document include a “non-disclosure clause to protect against breach of confidentiality.”

“Alternatively, the ministry should explore other measures to prevent similar issues in the future. Additionally, a policy should be established to monitor artists who have returned their awards but remain affiliated with the Akademi,” the panel added.

A dissenting view was recorded by a panel member, who opposed making recipients sign a commitment restricting their right to return awards as a form of protest.

“India is a democratic country, and our Constitution has provided to every citizen the freedom of speech and expression and also the freedom to protest in any form. Returning of awards is only a form of protest,” the member argued.

The member urged the committee to recommend that the government examine the actual issues behind such protests and work toward resolving them. Another member supported this viewpoint.

“The Akademis and other institutions should continue to work together with these artists and not shun them,” the report cited the member as stating.

In a separate recommendation, the parliamentary committee advised National Akademis to explore Corporate Social Responsibility (CSR) funding for the preservation of national heritage, art, and culture. It suggested using these funds for the restoration of historic buildings, sites of cultural importance, and works of art.

The panel further recommended mandating that a portion of CSR funds be allocated specifically for the development and promotion of cultural institutions. It was proposed that amendments to CSR-related legislation could facilitate this.

Responding to this, the Ministry of Culture stated that autonomous bodies were already encouraged to seek CSR funds, as well as financial support from other ministries and non-governmental sources.

“An SOP is being issued to all in this regard,” the ministry confirmed in its response.

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