The Kashmir Power Distribution Corporation Limited (KPDCL) is facing backlash for publicly identifying consumers engaged in illegal practices like hooking, meter bypass, and surpassing agreed load limits. We asked our columnists and readers to weigh-in
Naming and Shaming in the Face of Power Pilferage
By Ummar Jamal
In recent weeks, a series of videos released by the Kashmir Power Distribution Corporation Limited (KPDCL), showing their staff’s handling of power pilferage, has ignited a firestorm of controversy on social media. These videos reveal a callous disregard for established due process, as individuals suspected of power pilferage are exposed to public scrutiny in scenes reminiscent of vigilantism. The confrontational approach adopted by KPDCL creates an excruciating atmosphere of public humiliation, leaving the accused individuals defenseless in the court of public opinion. The videos are shot and uploaded in such a manner and setting that they give an impression as if half of Kashmir engages in power pilferage.
KPDCL’s strategy of publicly naming and shaming alleged offenders, including those engaged in illegal practices such as hooking, meter bypass, and surpassing agreed load limits, raises serious ethical concerns. While the corporation may argue that the intent is to deter illegal activities and ensure fair power distribution, the approach employed warrants careful consideration. It is crucial to question whether the corporation’s actions are justified or if they represent an overreach that jeopardizes the fundamental rights of citizens.
As always, as winter approaches, electricity becomes a central discourse in Kashmir, with unscheduled power cuts becoming the norm. These unscheduled power cuts always draw flak from the public. This time around KPDCL devised a new and effortless strategy to deal with the public criticism against unscheduled power cuts _ identifying some meek Kashmiris, shooting their videos and then painting them as raison d’etre behind the unscheduled power cuts on the corporation’s social media platforms. If at all Kashmiris engage in power pilferage, power is not something they could store or they could eat _ obviously they would be using it for the purpose electricity is meant to be used. Therefore, the logic of attributing the unscheduled power cuts to these people is untenable.
Providing reliable services and enforcing the rule of law is the corporation’s duty. Blaming citizens for the corporation’s own failings is unjust and deflects responsibility. It is exasperating to see how shamelessly KPDCL tries to malign common masses as power thieves. If power pilferage occurs, it is the corporation that must be held accountable for not being able to check it through appropriate methods, and naming and shaming people is no remedy.
The strategy of publicly naming individuals accused of power theft before a proper legal investigation violates basic norms and ethics of a civilized world. It poses a threat to privacy and due process. It undermines the rights enshrined in Article 21 of the Constitution, which includes within its ambit the right to live with dignity . And one can’t conceive of the cherished right of living with dignity in a society, where publicly naming individuals accused of power theft before a proper legal investigation is considered normal. The confrontational nature of the corporation’s staff doesn’t not only compromises the dignity and privacy of those implicated but also undermines the presumption of innocence until proven guilty, a fundamental tenet of any fair legal system.
Shaming individuals without due process not only compromises their reputation but also erodes the trust citizens place in the legal system, creating a disconcerting precedent. The act of naming and shaming can have severe social repercussions for the accused, affecting relationships, and overall well-being. These consequences, imposed without a fair legal process, highlight the ethical shortcomings of KPDCL’s approach.
In addition to ethical considerations, the effectiveness of publicly naming and shaming individuals as a deterrent is questionable. While it may instill fear in some, it can also create resentment and resistance, hindering efforts to address the root causes of power theft.
Furthermore, the potential for false accusations and the resulting harm to innocent individuals is a troubling aspect that cannot be ignored. Numerous instances highlight individuals claiming that accusations of power theft are groundless, often fueled by the caprices and impulses of KPDCL employees. In many cases the people alleged that the pictures uploaded on social media are old and misleading.
Ethical governance demands a balance between achieving objectives and respecting the rights of individuals. KPDCL’s strategy, driven by a desire to curb power theft, should be reconsidered. Strengthening monitoring and enforcement mechanisms, conducting impartial investigations, imposing fines and making on the corporation’s ground staff more accountable are alternative approaches that can achieve the same goals without compromising ethical standards. A more sustainable approach involves community engagement, education, and addressing socio-economic factors contributing to illegal practices.
This winter, Kashmir is facing its most severe power shortage in almost 20 years, with daily power outages lasting 12 to 16 hours, impacting over 7 million people. For KPDCL to solve this crisis, strategic reassessment is imperative. Naming and shaming common people is no solution. Implementing measures that prioritize due process, protect individual rights, and at the same time address the root causes of power theft is necessary. The path forward must involve a commitment to accountability and a respect for the rights of every citizen.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The Author is a Kashmir based columnist. He tweets at ummar_jamal and can be reached at [email protected]
In the Shadows of Power: A Symphony of Rights and Responsibilities
By Mufaiz Ashiq Khan
In the scenic valleys of Jammu and Kashmir, where the mighty Himalayas witness the resilience of history, a disturbing story has emerged in recent times. The KPDCL Kashmir Power Distribution Corporation Limited, the corporation in charge of ensuring lawful electricity consumption, has embarked on a reckless crusade against power theft. In the process, it has violated the privacy and rights of the alleged culprits, and usurped the powers of law enforcement and judiciary. This is a textbook case of vigilantism, a dangerous phenomenon that poses a serious threat to the social order and individual liberties.
Power theft is a grave problem that affects the electricity sector in Jammu and Kashmir. It causes huge losses to the state revenue, and compromises the quality and reliability of power supply to the consumers. The KPDCL, the entity responsible for the distribution and management of electricity in the region, has launched an aggressive campaign to curb this menace. However, in its zeal to achieve its goal, the KPDCL has resorted to questionable methods that defy the norms of justice and due process.
The KPDCL has been conducting raids and inspections across the valley, targeting households and businesses that are suspected of indulging in illegal practices such as hooking, meter tampering, and exceeding load limits. While these actions are justified and necessary, the KPDCL has gone a step further and started posting videos and photos of the accused on social media platforms, exposing them to public shame and ridicule. This is a clear breach of the fundamental right to privacy, as well as the presumption of innocence until proven guilty.
The KPDCL’s actions are not only unethical, but also counterproductive. They create a climate of fear and mistrust among the consumers, who may feel harassed and victimised by the corporation. They also invite legal challenges and backlash from the affected parties, who may seek redressal and compensation for the damage caused to their reputation and livelihood. Moreover, they undermine the credibility and authority of the KPDCL, which should act as a responsible and impartial entity, not as a vigilante group.
The KPDCL should realise that its mission is not to punish, but to prevent and deter power theft. It should adopt a more balanced and humane approach, that respects the rights and interests of the consumers, while also enforcing the rules and regulations. It should use its social media platforms to educate and inform the public about the benefits of legal and efficient electricity consumption, rather than to humiliate and intimidate them. It should also collaborate with other stakeholders, such as the police, the judiciary, the civil society, and the media, to create a culture of honesty and accountability in the power sector.
The KPDCL’s actions are indicative of a larger problem of vigilantism, a troubling trend where an entity oversteps its boundaries, and takes upon itself the roles of law enforcement and judiciary. This phenomenon raises serious questions about the nature and scope of justice, the balance between public interest and private rights, and the ethical and legal implications of such actions.
Is it right for an entity, regardless of its mission, to wield powers traditionally reserved for the judiciary and law enforcement? While the theft of electricity is absolutely wrong, is the vigilante justice system the way to go for us as a society? What if someone was to sue the department for defamation? What if the department’s actions were motivated by personal or political vendetta, rather than public welfare? What if the department’s actions led to a violent or fatal situation, rather than a peaceful resolution?
These are some of the questions that the KPDCL’s actions provoke, and that we, as a society, need to ponder and answer. Vigilantism is not a solution, but a symptom of a deeper malaise. It reflects the breakdown of trust and confidence in the institutions and systems that are meant to uphold the rule of law and protect the rights of the people. It also reflects the erosion of the values and principles that are essential for a democratic and civilised society.
We need to restore and strengthen these institutions, systems, values, and principles, rather than undermine and destroy them. We need to ensure that justice is done, but also that justice is seen to be done. We need to ensure that the rights and dignity of the people are respected, but also that the people respect the laws and norms of the society. We need to ensure that the power sector is efficient and transparent, but also that the power consumers are responsible and honest.
The KPDCL has a vital role to play in ensuring the development and welfare of Jammu and Kashmir. It should not tarnish its image and reputation by indulging in unwarranted and unlawful actions that erode the trust and confidence of the people. It should instead focus on improving its service delivery and customer satisfaction, by providing reliable, affordable, and quality power to all. That would be the best way to combat power theft, and to fulfill its mandate and vision.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The author is a columnist and the founder of Charkha Foundation
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